[JPRT 108-30]
[From the U.S. Government Publishing Office]
108th Congress S. Prt.
JOINT COMMITTEE PRINT
1st Session 108-30
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2002
VOLUME I
----------
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
AND THE
COMMITTEE ON INTERNATIONAL RELATIONS
U.S. HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2002--VOLUME I
U.S. GOVERNMENT PRINTING OFFICE
Washington, DC
86-917
____________________________________________________________________________
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108th Congress
COMMITTEE ON FOREIGN RELATIONS
RICHARD G. LUGAR, Indiana, Chairman
CHUCK HAGEL, Nebraska JOSEPH R. BIDEN, Jr., Delaware
LINCOLN D. CHAFEE, Rhode Island PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia CHRISTOPHER J. DODD, Connecticut
SAM BROWNBACK, Kansas JOHN F. KERRY, Massachusetts
MICHAEL B. ENZI, Wyoming RUSSELL D. FEINGOLD, Wisconsin
GEORGE E. VOINOVICH, Ohio BARBARA BOXER, California
LAMAR ALEXANDER, Tennessee BILL NELSON, Florida
NORM COLEMAN, Minnesota JOHN D. ROCKEFELLER IV, West
JOHN E. SUNUNU, New Hampshire Virginia
JON S. CORZINE, New Jersey
Kenneth A. Myers, Jr., Staff Director
Antony J. Blinken, Democratic Staff Director
------
COMMITTEE ON INTERNATIONAL RELATIONS
HENRY J. HYDE, Illinois, Chairman
JAMES A. LEACH, Iowa TOM LANTOS, California
DOUG BEREUTER, Nebraska HOWARD L. BERMAN, California
CHRISTOPHER H. SMITH, New Jersey, GARY L. ACKERMAN, New York
Vice Chairman ENI F.H. FALEOMAVAEGA, American
DAN BURTON, Indiana Samoa
ELTON GALLEGLY, California DONALD M. PAYNE, New Jersey
ILEANA ROS-LEHTINEN, Florida ROBERT MENENDEZ, New Jersey
CASS BALLENGER, North Carolina SHERROD BROWN, Ohio
DANA ROHRABACHER, California BRAD SHERMAN, California
EDWARD R. ROYCE, California ROBERT WEXLER, Florida
PETER T. KING, New York ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio WILLIAM D. DELAHUNT, Massachusetts
AMO HOUGHTON, New York GREGORY W. MEEKS, New York
JOHN M. McHUGH, New York BARBARA LEE, California
THOMAS G. TANCREDO, Colorado JOSEPH CROWLEY, New York
RON PAUL, Texas JOSEPH M. HOEFFEL, Pennsylvania
NICK SMITH, Michigan EARL BLUMENAUER, Oregon
JOSEPH R. PITTS, Pennsylvania SHELLEY BERKLEY, Nevada
JEFF FLAKE, Arizona GRACE F. NAPOLITANO, California
JO ANN DAVIS, Virginia ADAM B. SCHIFF, California
MARK GREEN, Wisconsin DIANE E. WATSON, California
JERRY WELLER, Illinois ADAM SMITH, Washington
MIKE PENCE, Indiana BETTY McCOLLUM, Minnesota
THADDEUS G. McCOTTER, Michigan CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida
Thomas E. Mooney, Sr., Staff Director/General Counsel
Robert R. King, Democratic Staff Director
(ii)
C O N T E N T S
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Page
Foreword......................................................... vii
Letter of Transmittal............................................ ix
Preface.......................................................... xi
Overview and Acknowledgments..................................... xiii
Introduction..................................................... xvii
Volume I
Africa:
Angola....................................................... 1
Benin........................................................ 20
Botswana..................................................... 30
Burkina Faso................................................. 40
Burundi...................................................... 50
Cameroon..................................................... 65
Cape Verde................................................... 85
Central African Republic..................................... 91
Chad......................................................... 105
Comoros...................................................... 119
Congo, Democratic Republic of the............................ 124
Congo, Republic of........................................... 150
Cote d'Ivoire................................................ 160
Djibouti..................................................... 188
Equatorial Guinea............................................ 197
Eritrea...................................................... 208
Ethiopia..................................................... 219
Gabon........................................................ 246
Gambia, The.................................................. 255
Ghana........................................................ 265
Guinea....................................................... 284
Guinea-Bissau................................................ 297
Kenya........................................................ 305
Lesotho...................................................... 333
Liberia...................................................... 341
Madagascar................................................... 356
Malawi....................................................... 367
Mali......................................................... 379
Mauritania................................................... 387
Mauritius.................................................... 400
Mozambique................................................... 406
Namibia...................................................... 423
Niger........................................................ 436
Nigeria...................................................... 447
Rwanda....................................................... 473
Sao Tome and Principe........................................ 486
Senegal...................................................... 490
Seychelles................................................... 502
Sierra Leone................................................. 508
Somalia...................................................... 521
South Africa................................................. 532
Sudan........................................................ 557
Swaziland.................................................... 575
Tanzania..................................................... 586
Togo......................................................... 603
Uganda....................................................... 615
Zambia....................................................... 640
Zimbabwe..................................................... 654
East Asia and the Pacific:
Australia.................................................... 689
Brunei....................................................... 704
Burma........................................................ 712
Cambodia..................................................... 732
China (includes Hong Kong and Macau)......................... 749
China (Taiwan only).......................................... 820
East Timor................................................... 832
Fiji......................................................... 841
Indonesia.................................................... 852
Japan........................................................ 883
Kiribati..................................................... 899
Korea, Democratic People's Republic of....................... 903
Korea, Republic of........................................... 915
Laos......................................................... 929
Malaysia..................................................... 941
Marshall Islands............................................. 972
Micronesia, Federated States of.............................. 977
Mongolia..................................................... 981
Nauru........................................................ 990
New Zealand.................................................. 994
Palau........................................................ 1001
Papua New Guinea............................................. 1006
Philippines.................................................. 1012
Samoa........................................................ 1030
Singapore.................................................... 1035
Solomon Islands.............................................. 1052
Thailand..................................................... 1059
Tonga........................................................ 1079
Tuvalu....................................................... 1083
Vanuatu...................................................... 1087
Vietnam...................................................... 1091
Europe and Eurasia:
Albania...................................................... 1115
Andorra...................................................... 1127
Armenia...................................................... 1131
Austria...................................................... 1148
Azerbaijan................................................... 1159
Belarus...................................................... 1173
Belgium...................................................... 1196
Bosnia and Herzegovina....................................... 1204
Bulgaria..................................................... 1229
Croatia...................................................... 1249
Cyprus....................................................... 1266
Czech Republic............................................... 1278
Denmark...................................................... 1291
Estonia...................................................... 1296
Finland...................................................... 1304
France....................................................... 1308
Georgia...................................................... 1318
Germany...................................................... 1338
Greece....................................................... 1352
Hungary...................................................... 1365
Iceland...................................................... 1379
Ireland...................................................... 1387
Italy........................................................ 1395
Kazakhstan................................................... 1407
Kyrgyz Republic.............................................. 1432
Latvia....................................................... 1450
Liechtenstein................................................ 1459
Lithuania.................................................... 1464
Luxembourg................................................... 1476
Macedonia, Former Yugoslav Republic of....................... 1480
Malta........................................................ 1500
Moldova...................................................... 1504
Monaco....................................................... 1523
Netherlands, The............................................. 1526
Norway....................................................... 1534
Poland....................................................... 1539
Portugal..................................................... 1555
Romania...................................................... 1564
Russia....................................................... 1581
San Marino................................................... 1623
Slovak Republic.............................................. 1626
Slovenia..................................................... 1639
Spain........................................................ 1645
Sweden....................................................... 1654
Switzerland.................................................. 1661
Tajikistan................................................... 1676
Turkey....................................................... 1691
Turkmenistan................................................. 1721
Ukraine...................................................... 1735
United Kingdom............................................... 1764
Uzbekistan................................................... 1777
Yugoslavia, Federal Republic of.............................. 1800
Volume II
Near East and North Africa:
Algeria...................................................... 1853
Bahrain...................................................... 1871
Egypt........................................................ 1884
Iran......................................................... 1904
Iraq......................................................... 1927
Israel and the occupied territories.......................... 1947
Jordan....................................................... 1994
Kuwait....................................................... 2012
Lebanon...................................................... 2030
Libya........................................................ 2045
Morocco...................................................... 2054
Western Sahara............................................. 2069
Oman......................................................... 2073
Qatar........................................................ 2082
Saudi Arabia................................................. 2090
Syria........................................................ 2108
Tunisia...................................................... 2122
United Arab Emirates......................................... 2141
Yemen........................................................ 2155
South Asia:
Afghanistan.................................................. 2175
Bangladesh................................................... 2187
Bhutan....................................................... 2217
India........................................................ 2227
Maldives..................................................... 2266
Nepal........................................................ 2274
Pakistan..................................................... 2295
Sri Lanka.................................................... 2331
Western Hemisphere:
Antigua and Barbuda.......................................... 2351
Argentina.................................................... 2357
Bahamas...................................................... 2372
Barbados..................................................... 2378
Belize....................................................... 2384
Bolivia...................................................... 2395
Brazil....................................................... 2409
Canada....................................................... 2436
Chile........................................................ 2444
Colombia..................................................... 2457
Costa Rica................................................... 2500
Cuba......................................................... 2510
Dominica..................................................... 2530
Dominican Republic........................................... 2535
Ecuador...................................................... 2554
El Salvador.................................................. 2567
Grenada...................................................... 2587
Guatemala.................................................... 2592
Guyana....................................................... 2623
Haiti........................................................ 2635
Honduras..................................................... 2652
Jamaica...................................................... 2671
Mexico....................................................... 2680
Nicaragua.................................................... 2714
Panama....................................................... 2732
Paraguay..................................................... 2747
Peru......................................................... 2759
St. Kitts and Nevis.......................................... 2781
Saint Lucia.................................................. 2786
Saint Vincent and the Grenadines............................. 2791
Suriname..................................................... 2797
Trinidad and Tobago.......................................... 2805
Uruguay...................................................... 2812
Venezuela.................................................... 2820
Appendixes:
A. Notes on Preparation of the Reports....................... 2841
B. Reporting on Worker Rights................................ 2845
C. Selected International Human Rights Conventions........... 2847
D. Description of Conventions in Appendix C.................. 2855
E. FYs 2002-2004 Selected U.S. Assistance Programs--Actual
Obligations................................................ 2856
F. 58th Session of the U.N. Human Rights Commission Voting
Record..................................................... 2884
G. 58th Session of the U.N. Human Rights Commission Voting
Table...................................................... 2890
H. United Nations Universal Declaration of Human Rights...... 2905
FOREWORD
----------
The country reports on human rights practices contained
herein were prepared by the Department of State in accordance
with sections 116(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.
Richard G.Lugar,
Chairman, Committee on Foreign Relations.
Henry J. Hyde,
Chairman, Committee on International Relations.
(vii)
LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, March 31, 2003.
Hon. Richard Lugar,
Chairman, Committee on Foreign Relations.
Dear Mr. Chairman: On behalf of the Secretary of State, I
am transmitting to you the Country Reports on Human Rights
Practices for 2002, prepared in compliance with sections
116(d)(1) and 502B(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,
Paul V. Kelly,
Assistant Secretary, Legislative Affairs.
Enclosure.
(ix)
PREFACE
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HUMAN RIGHTS REPORTS
The year 2002 offered a stern test for the advancement of
human rights by the United States of America. This is not
necessarily because human rights violations grew in number or
severity--although there is no lack of challenge in that area--
but because we have been given greater opportunity to make good
on our commitment to uphold standards of human dignity and
liberty.
The year began with American forces in combat in
Afghanistan, and we continue to act there--with military,
political and economic resources--to reverse the ill effects of
the Taliban regime and the conditions that left unchecked its
cruel disregard for human rights. Elsewhere in the world, we
set our sights on further extending the blessings of liberty
and security, and demonstrating not only that they are
compatible, but also interdependent. We advanced these goals
not as exclusively American aspirations, but rather as the
birthright of all persons.
The Country Reports on Human Rights Practices for 2002 are
grounded in the conviction that we must recognize the problem
and describe it with full objectivity if we are to proceed to
solving it. We gain little by ignoring human rights abuses or
flinching from reporting them. This year's report covers 196
countries, ranging from defenders of human rights and democracy
to the worst violators of human dignity. But in truth, no
country is exempt from scrutiny, and all countries benefit from
constant striving to identify their weaknesses and improve
their performance in this less-than-perfect world. Furthermore,
the Reports serve as a gauge for our international human rights
efforts, pointing to areas of progress and drawing our
attention to new and continuing challenges.
In a world marching toward democracy and respect for human
rights; the United States is a leader, a partner and a
contributor. We have taken this responsibility with a deep and
abiding belief that human rights are universal. They are not
grounded exclusively in American or Western values. But their
protection worldwide serves a core U.S. national interest. It
is with this responsibility firmly in mind that we have
prepared, and now transmit, the Department of State's Country
Reports on Human Rights Practices for 2002 to the U.S.
Congress.
Colin L. Powell, Secretary of State.
OVERVIEW AND ACKNOWLEDGMENTS
----------
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 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended, and Section
504 of the Trade Assistance 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 1970s. 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 has also 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 the 82
countries receiving U.S. aid; this year 196 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 2002
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, armed forces 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, experts from academia, and the media. Officers
also consulted with experts on worker rights issues, refugee
issues, military and police topics, 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. There 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 seek 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: Cynthia R. Bunton; Senior Advisors: E. Michael
Southwick, Michael E. Parmly, J. Scott Carpenter, Monica Vegas
Kladakis, Elizabeth Dugan; Senior Editors: Dan Dolan, Stan
Ifshin, Jennifer M. Pekkinen, Kimber Shearer; Editors: Amanda
K. Allen, Sandra Archer, Jonathan Bemis, Christopher R.
Bornhorst, Frank B. Crump, Kathleen Daly, Jeanette Davis, Julie
Eadeh, Sarah Finch, Joan Garner, Saba Ghori, Heather Glick,
Judith Greenspan, Jerome Hoganson, Gabrielle Hotung-Davidsen,
Ann Marie Jackson, Kari Johnstone, Jehan S. Jones, Sandra J.
Murphy, Peter Neisuler, Kathryn Northrop, Sarah Fox Ozkan,
Donald E. Parker, Gary V. Price, Ereni Roess, Lange
Schermerhorn, Rebecca A. Schwalbach, John Sheerin, James C.
Todd; Assistant Editors: Ken Audroue, David Abramson, Ralph D.
Anske, Kelly W. Bryant, Deborah J. Cahalen, Patricia A. Davis,
Douglas B. Dearborn, Thomas F. Farr, Carol G. Finerty, Amy E.
Gadsden, Jean M. Geran, Thomas J. Grubisha, Patrick Harvey,
Nancy M. Hewett, Sandra Hodgkinson, Victor Huser, Robert P.
Jackson, Jeffrey M. Jamison, Janet L. Mayland, Peter Mulrean,
Michael Orona, Susan O'Sullivan, Richard J. Patard, Gianni F.
Paz, Maria B. Pica, LeRoy G. Potts, Lynn M. Sicade, Wendy B.
Silverman, Mary T. Sullivan, Danika Walters, George M. White;
Editorial Assistants: Lena Auerbach, Judith R. Baroody, Jarrett
Basedow, Marianne Biron, Sally I. Buikema, Melanne Civic,
Tatiana C. Gfoeller-Volkoff, Sondra Govatski, Jessie M.
Harpole, Gabrielle Hoosein, Amy McKee, Ryan McMillan, Derek
Teeter; Technical Support: Daniel J. Bowens, Mitchell R. Brown,
Anthony Felder, Linda C. Hayes, Celine A. Neves, Tanika N.
Willis.
INTRODUCTION TO THE COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR THE
YEAR 2002
----------
Spreading democratic values and respect for human rights
around the world is one of the primary ways we have of
advancing the national security interests of the United States.
The defense of liberty is both an expression of our ideals and
a source of strength that we have drawn on throughout our
history. Democratic values have also been at the heart of
America's most enduring and effective alliances, partnerships
which continue to help us meet the challenges of tyranny and
deprivation.
The U.S. Constitution aims to ``secure the blessings of
liberty to ourselves and our posterity.'' We realize that
liberty is not a finished product, and that the course set out
for us by our Constitution requires vigilance. Our history is a
narrative of a nation confronting and overcoming obstacles to
freedom, and generations to come will also undoubtedly face the
question of how to fulfill the promise of our founding
documents.
The Country Reports on Human Rights Practices reflect
America's diligence in the struggle to expand freedom abroad.
Together with past reports, and reports to come, this
compendium is a snapshot of the global state of human rights
that depicts work in progress and points the way to future
tasks. It is a statement of our fundamental belief that human
rights are universal; they are indigenous to every corner of
the world, in every culture and in every religious tradition.
Human Rights and National Security
Governments that rule by force and use violence against
their own people often threaten and intimidate their neighbors.
Driven by shaky legitimacy, these regimes rule by iron fist,
putting their people and neighbors at the mercy of the cruel
logic of repression. In an age when the destructive capacities
of brutal regimes exceed national and even regional boundaries,
addressing human rights violations--whether episodic or
systemic--becomes imperative to the assurance of security
throughout the international community. On a smaller scale,
governments that breach their constitutional obligations and
the rule of law place their societies' well-being at risk in
their pursuit of stability.
The Country Reports on Human Rights Practices call
attention to patterns and instances of violations of basic
human rights as recognized in such fundamental documents as the
Universal Declaration of Human Rights, adopted by the United
Nations in 1948. They serve as the starting point--not the
end--of U.S. policy to advance human rights around the world.
The Reports are one of the most significant tools available to
the U.S. Government to help determine foreign policy strategies
that promote the development of democratic systems and
principles, and remedy abuse and disregard for human rights. As
President Bush declared in his January 2003 State of the Union
address, ``We will not permit the triumph of violence in the
affairs of men--free people will set the course of history.''
Governments can violate rights and punish people for
exercising freedoms, but they cannot extinguish the inherent
rights of all human beings. People who dare to dream of freedom
are setting the course of history not only in democratic
societies, but also in the repressive regimes under which many
live.
Cuba is a place where human rights are violated
every day, but the Varela Project, organized by Oswaldo
Paya, has proven a powerful tool for Cubans to express
their yearning for fundamental freedoms. Marta Beatriz
Roque's Assembly to Promote Civil Society is providing
another avenue for Cubans to express their desires for
change. These and other efforts by the opposition
movement are incrementally eroding the Cuban regime's
grip on power and oppression.
In Burma, even after years of on-and-off political
arrest, harassment and constant surveillance, Aung San
Suu Kyi is still wholly committed to bringing democracy
and a humane rule of law to the Burmese people. Her
tremendous strength of character stands boldly in the
face of the military regime's disregard for human
rights and democracy, a disregard that extends to
abuses such as extrajudicial killings, rapes,
disappearances, forced labor and forced relocations.
Their courage points the way to improving human rights--on
paths that are as diverse as the countries where they live.
U.S. policy is based on supporting individuals and groups
committed to following universally accepted paths to freedom,
equal protection, due process and the rule of law.
Promoting democratic governance is and will remain the best
way to ensure protection of human rights. The United States
recognizes that a world composed of democracies will better
protect our long-term national security than a world of
authoritarian or chaotic regimes. A democratic form of
government fosters the rule of law, open markets, more
prosperous economies and better-educated citizens and
ultimately a more humane, peaceful and predictable world.
The Year in Review: Human Rights, Democracy and Labor
Institutional changes: In Asia, democratic politics
continued to develop in East Timor, with the ratification of a
constitution, election of a president, and efforts to establish
governance based on the rule of law and human rights
protections. Taiwan's strides were also notable, with
consolidation and improvement of civil liberties catching up to
its free and open electoral system.
The push to meet European Union entry requirements resulted
in positive human rights developments in aspirant countries.
Turkey passed extensive human rights reform packages that
covered a broadening of laws on freedom of speech, political
activity and association, and fair trial. At the same time
torture, although illegal, was still a serious problem and
restrictions on freedom of the press remained.
Other positive developments in Europe included the first
general elections in Bosnia and Herzegovina to be conducted by
local (not international) authorities since the Dayton Peace
Accords. Macedonia also reaffirmed the strength of its
democracy through peaceful elections while its parliament laid
the legal groundwork for improving civil and minority rights by
completing nearly all of the constitutional and legislative
actions related to the Framework Agreement.
In the Middle East, several positive steps were taken. In
May, the first open municipal council elections were held in
Bahrain, and in October women joined men in exercising their
right to vote for the first time in nearly 30 years to elect a
national parliament. Morocco saw its first open elections in
September, and in Qatar, a new constitution has been drafted
and municipal elections are scheduled for April 2003. Female
candidates will participate for the second time.
In Russia, a new Criminal Procedure Code that took effect
in July permitted for the first time the application of
existing Constitutional provisions that only upon a judicial
decision could individuals be arrested, taken into custody or
detained. The changes appeared to be having an effect on
police, prosecutorial behavior and the judicial system,
although there were reports of non-compliance in some regions.
The Chinese also continued to carry out some structural
reforms in the areas of the rule of law and democracy. Direct
elections at the village level took place in several provinces
and pressure to move them to higher levels grew. Economic
reform has led to legal reform, and legislatures continued
experimenting with public hearings to incorporate public
opinion into policy.
Political rights: In 2002 six nations in the western
hemisphere--The Bahamas, Bolivia, Brazil, Colombia, Costa Rica
and Jamaica--held elections for their chief of state or
government. The Organization of American States, which adopted
a democracy charter in 2001, put its collective commitment into
action in 2002 with vigorous efforts to resolve the political
crisis in Venezuela.
In Africa, Kenya's free election and peaceful transfer of
power in December signaled hope for the consolidation of
democratic politics there. A political crisis during the first
half of 2002 in Madagascar was eventually resolved, and
legislative elections were held. In Swaziland, respect for
rights and rule of law took steps backward with a government
declaration that it would not abide by court decisions.
In 2002 China continued to commit serious human rights
abuses in violation of international human rights instruments
and at year's end, a spate of arrests of political dissidents
and the imposition of the death sentence on two Tibetans, the
continued detentions of Rebiya Kadeer, Wang Youcai, Qin Yongmin
and others, and restrictions on religious freedom and
repression of some ethnic minorities were particularly
troubling.
Zimbabwe's government has used a systematic campaign of
violence and intimidation against stated and perceived
supporters of the opposition, even to the extent of routinely
and publicly denying food to these individuals. The Government
manipulated the composition of the courts and repeatedly
refused to abide by judicial decisions, which undermined the
judiciary.
In Eurasia, several republics of the former Soviet Union
resisted positive change. In Turkmenistan the human rights
situation deteriorated markedly after an attack on President
Niyazov's motorcade in November, leading to serious violations
of due process under the law including widespread arrests and
forced evictions of suspects' families, use of torture, threats
of rape and summary trials. In Kazakhstan the government's poor
human rights record worsened, including selective prosecution
of opposition leaders and a pattern of media harassment
suggesting an attempt to silence media critics. While there
were positive steps in the first half of 2002, such as
registration of the first human rights NGO and abolition of
prior censorship of the media in Uzbekistan, there were also
setbacks that are a cause of concern, including at least four
deaths in detention due to torture. The Kyrgyz Republic held a
regional by-election in October, judged by independent
monitoring groups to be marred by irregularities such as
multiple voting and lax standards of voting eligibility.
Harassment of media and civil society continued and police
killed six unarmed protesters.
Pakistan's military regime began the process of restoring
elected civilian governance at the national and provincial
level in October. Observers deemed the elections to be flawed,
but the new government seems reasonably representative.
Internal and other conflicts: Throughout 2002, Sri Lanka
made progress in implementing a cease-fire agreement between
the government and the Liberation Tigers of Tamil-Eelam (LTTE).
Prisoners have been exchanged, roadblocks reduced, internally
displaced persons returned, and investigations into abuses by
security forces have increased. There were unconfirmed reports
that LTTE continued to commit extrajudicial killings, but
observers believe the number decreased in 2002. There were also
reports that LTTE continued to conscript children.
In Nepal, the Maoist campaign included killings, bombing,
torture, forced conscription of children and other violent
tactics. Government forces were accused of killing civilians
and abusing others suspected of Maoist sympathies.
The war in Sierra Leone was officially declared over in
January, and the Revolutionary United Front was disarmed.
Remarkably peaceful presidential elections were held in May
although there were reports of election irregularities.
Elsewhere in Africa, conflicts continued to fuel human
rights abuses. In Cote d'Ivoire, a coup attempt and ensuing
civil unrest sparked violations by government and rebel forces.
In the Democratic Republic of the Congo, major abuses
continued. Rwanda withdrew its troops by October, and Uganda
only had 1,000 troops left in the country at year's end.
After 27 years, peace came to Angola in February. The
former UNITA rebel movement has disarmed and is transitioning
into an unarmed political party, and the government--working
with the opposition--is beginning to move the country toward
new elections. The massive human rights violations of the civil
war have come to an end, although an increase of abuses in
Cabinda Province is worrisome. The primary focus will now be on
the civil and political rights necessary for the conduct of
free and fair elections as well as the establishment of the
rule of law throughout the country.
Eritrea's record worsened through 2002. However, all
recorded Ethiopian prisoners of war (POWs) from the former
conflict were released. Ethiopia also released the last of the
Eritrean POWs during 2002.
In the Chechnya conflict, Russian forces and Chechen rebels
continued to commit serious human rights violations. Government
forces committed extrajudicial killings and at times used
indiscriminate force, which resulted in civilian casualties. A
number of government ``cleansing'' operations involved
extensive abuses of civilians. Chechen rebels increased their
killings of civilian officials and militia associated with the
Russian-appointed Chechen administration. On October 23,
approximately 41 members of Chechen terrorist groups took more
than 750 persons hostage in a Moscow theater. The terrorists
killed one hostage; another 128 hostages died in the rescue
effort.
Integrity of the person: Colombia showed signs of progress,
with generally good elections and a declaration by paramilitary
forces that they would negotiate peace in 2003. But problems
remain serious, particularly extrajudicial killings. The
Dominican Republic made strides in reducing the number of
extrajudicial killings. The police chief was replaced and
prosecutions--in civilian courts--of human rights offenders
increased.
Not surprisingly, many human rights abuses occurred in
nations that have non-democratic forms of government. Testimony
to the U.S. Congress in mid-2002 revealed systematic and
egregious violations of human rights in North Korea, including
torture, summary executions and the use of prison labor under
incredibly inhumane conditions.
Iraq's Republican Guard and other members of the security
apparatus committed widespread and systematic human rights
abuses including killings, torture, disappearances, rapes and
imprisonment of Iraqi political opposition and ethnic and
religious minorities.
In Cambodia, incidents of extrajudicial killings began to
increase as the country prepares for 2003 elections amidst a
culture of impunity and with serious shortcomings in the
government's investigations.
Freedom of the press: Harassment and vandalism were common
tools used to threaten press freedom in 2002. Legal harassment
was also common: In the Kyrgyz Republic, opposition newspapers
were periodically refused printing services by the government-
owned press and journalists faced libel suits filed by
government officials. Similar bureaucratic tactics were used to
pressure NGOs and opposition political organizations. On the
other hand, the Kyrgyz government registered the Media Support
Center, which is intended to provide an independent printing
facility and training for journalists. In Kazakhstan, violence
and harassment of journalists continued, and selective
prosecutions of opposition figures chilled the climate of free
speech. In Russia, direct and indirect government actions
further weakened the autonomy of the electronic media, which is
the public's primary source of information. Controls on
reporting of the conflict in Chechnya and terrorist incidents
elsewhere in Russia raised concerns about the ability of the
press and public to have adequate access to information about
government actions. In Ukraine, the killing of prominent
journalist Heorhiy Gongadze remained unsolved. Although an
investigation officially continued, there was a lack of
transparency and the authorities refused to cooperate with
foreign investigators whom they had invited to assist with the
investigation.
The closing down of pro-reform publications and jailing of
journalists, editors and publishers in Iran continued. A
dissident academic was sentenced to death for questioning the
Islamic system, a decision that sparked widespread student
demonstrations and finally resulted in the government granting
a retrial. When a poll found that the overwhelming majority of
Iranians supported dialogue with the United States and almost
half agreed with U.S. policy vis-a-vis Iran, the regime closed
the polling institutes and arrested the pollsters.
Religious freedom: These issues are discussed in depth in
the annual Report on International Religious Freedom, published
in October 2002, but the Country Reports also highlight
important developments.
In Afghanistan there was dramatic improvement over the past
year, but respect for human rights varied widely in different
parts of the country. The reappearance of the Taliban's
Department of Vice and Virtue, in the form of the new
authority's Department of Accountability and Religious Affairs,
bears monitoring. Likewise, reprisals against ethnic Pashtuns--
albeit with a limited religious dimension--occurred in areas
controlled by some local Northern Alliance commanders.
Other internal conflicts have a more pronounced religious
dimension. Saudi Arabia continued to deny religious freedom to
non-Muslims by prohibiting them from engaging in public
worship. In some cases, non-Muslim individuals and private
gatherings of worshippers were subject to harassment, leading
to arrest, detainment, torture and deportation. Shi'a Muslims
faced widespread discrimination, including imprisonment and
torture.
Sectarian violence erupted in India's Gujarat Province in
February, where as many as 2,000 people--mostly Muslims--died.
Elections in Jammu and Kashmir, and in Gujarat, were held
successfully despite widespread terrorist violence and the new
state government has proposed steps to ease repression and
reduce alienation. Throughout India however, light punishment
for instigators of violence and perpetrators of abuse remained
a stumbling block to further improvement.
In Vietnam, religious (primarily Protestant) and ethnic
minorities in the Central Highlands and northwest provinces,
which have often been brought to heel by government authorities
in Hanoi, reportedly faced intensified repression, including
closing of churches and forced renunciations of faith.
Women/Children: In Afghanistan, human rights improvements
included women and ethnic minorities serving in the government
and an estimated one million girls back in school. In Burma on
the other hand, the State Department documented stories of rape
of ethnic minority women by the Burmese military that were
similar to NGO reports on the issue suggesting that rape
continued to be a widespread practice. Also, the conscription
of child soldiers in Burma remained a serious problem.
Child labor in the informal sector, especially children
forced into the commercial sex industry, continued to be a
serious problem in Cambodia, along with trafficking in women
and children. In Cote d'Ivoire, child labor remained an issue
of concern, and the recruitment of child soldiers in the armed
civil conflict was cause for concern. Rebel groups in
particular used child soldiers.
Child soldiers were used in other conflicts, including in
Colombia, where both paramilitaries and guerrillas recruited
children, and there is evidence that guerrillas forcibly
pressed children into their forces. In Burundi, the government
stated that it would not recruit child soldiers in its war
against rebel forces. However, there are unconfirmed reports
that children continue to serve in armed forces performing
occasional tasks such as carrying weapons and supplies.
Trafficking: In the Middle East, the United Arab Emirates,
Bahrain, Saudi Arabia and Lebanon acknowledged trafficking in
persons as problems in their countries and are taking steps to
address it by curbing abuses of foreign workers, regulating
camel jockeys as applicable, and combating commercial sexual
exploitation.
Awareness about trafficking in persons throughout Africa
grew. More African countries participated in time-bound
programs designed to eliminate the worst forms of child labor.
In addition, many of these cash-strapped governments are
increasingly working on creative programs to prevent
trafficking and protect trafficking victims. Public awareness
was raised at local government levels in many African
countries, particularly in West Africa, about traditional
practices that are being exploited by traffickers. In Tanzania,
children were mobilized to help identify traffickers and other
children particularly vulnerable to being trafficked. In
Southern Africa, some governments began devoting more attention
to the differences between trafficking, smuggling and seasonal
labor migration.
In East Asia and Pacific countries, governments in general
paid more attention to the problem of trafficking in persons.
Indonesia passed two national plans aimed at reducing
trafficking in women and children, and police action against
traffickers increased. Thailand increased its cooperation with
neighboring countries in addressing cross-border trafficking in
persons.
In South Asia, governments continued to demonstrate serious
collaboration with NGOs to provide protection, legal and
medical services, and skills training to trafficking victims.
This cooperative effort also extends to law enforcement, with
police jointly conducting raids with NGOs.
The push for stronger anti-Trafficking in Persons (TIP)
legislation was enhanced in the past year in many European
countries. For example, the governments of Turkey, Greece and
Bulgaria all passed specific articles on trafficking in their
criminal codes. Russia, the Kyrgyz Republic and Kazakhstan
continued work on comprehensive drafts that should be finalized
and forwarded to their respective parliaments soon. Localized
referral systems between NGOs and police and other officials
were improved and strengthened in Ukraine and UN-administered
Kosovo. Serbia and Montenegro, in addition to their multi-
agency national anti-trafficking teams, provided a mobile
trafficking unit that brought assistance to victims throughout
the country. Croatia began implementation of their National
Action Plan, establishing shelters and a hotline, and drafting
a law making trafficking in persons a crime.
International cooperation on investigations occurred only
sporadically, with Italy and Albania showing concrete results
in their joint operations.
Ratification of the UN Protocol on Trafficking was also a
focus throughout the world, with several countries depositing
their ratification and preparing domestic implementation.
Corruption continued to be a major impediment to successful
anti-trafficking efforts. Open police corruption, harassment of
returning victims and inertia on reported cases showed the
public and civil society that many governments still are not
serious about combating trafficking.
Worker rights: In Venezuela, the conflict between the
government and labor unions intensified throughout the year.
The International Labor Organization censured the government's
refusal to recognize the election of Carlos Ortega as the
president of the Confederation of Venezuelan Workers, citing
government interference in independent trade union elections.
Progress was made in Bahrain, where legal protections for
the right to organize and collectively bargain were established
in new legislation. The government resolved the problem of more
than 1,000 ``bidoon,'' long-term residents of the country who
were formerly stateless, by issuing them appropriate documents.
Corporate social responsibility: Partnerships among
governments, business, labor unions and civil society to
promote human rights and sustainable development flourished.
The UN Global Compact and the Organization for Economic
Cooperation and Development (OECD) worked to promote voluntary
principles and guidelines that advance corporate
responsibility. During the year, positive examples of
partnerships and dialogues between the public and private
sectors emerged.
Responding to conditions in the agricultural sector, an
innovative framework agreement was drafted between a
multinational corporation and regional labor unions to address
worker rights and corporate responsibility. A June 2002
Roundtable dialogue on the management of supply chains was
featured in a report on the annual meeting of National Contact
Points for the OECD Guidelines for Multinational Enterprises.
The Voluntary Principles on Security and Human Rights gained
new participants. ExxonMobil, Occidental Petroleum and the
Government of Norway joined the multi-stakeholder dialogue.
Secretary of State Colin Powell presented the Secretary of
State's 2002 annual Award for Corporate Excellence at a
ceremony that recognized two U.S. firms for their outstanding
corporate citizenship and exemplary international business
practices by promoting healthcare in China and poverty
alleviation programs in Egypt.
NOTE: In many cases, the Country Reports on Human Rights
Practices state that a country ``generally respects'' the
rights of its citizens. The phrase ``generally respects'' is
used because the protection and promotion of human rights is a
dynamic endeavor; it cannot accurately be stated that any
government fully respects these rights all the time without
qualification, in even the best of circumstances. Accordingly,
``generally respects'' is the standard phrase used to describe
all countries that attempt to protect human rights in the
fullest sense, and is thus the highest level of respect for
human rights assigned by this report.
In some instances, this year's Country Reports use the word
``Islamist,'' which should be interpreted by readers as a
Muslim who supports Islamic values and beliefs as the basis for
political and social life.
AFRICA
----------
ANGOLA
The Popular Movement for the Liberation of Angola (MPLA) has ruled
the country since its independence from Portugal in 1975, and the
country has experienced several periods of civil war since then. The
present government was formed in 1997 after the National Union for the
Total Independence of Angola (UNITA) and 10 smaller opposition parties
joined the ruling MPLA in a government of national unity and
reconciliation.
The most recent period of civil war began in 1998 and continued
until February when UNITA leader Jonas Savimbi was killed in an Armed
Forces of Angola (FAA) attack in Moxico Province. On April 4, the
Government and UNITA signed the Luena agreement, which called for
disarming and disbanding all UNITA military forces by the end of July
and the implementation of the remaining provisions of the 1994 Lusaka
Protocol under U.N. supervision. On August 2, UNITA's military force
officially was disbanded and all ex-UNITA personnel were incorporated
into the FAA. The National Assembly served as a rubber stamp for the
Council of Ministers, and while opposition deputies held about 43
percent of National Assembly seats, few mechanisms existed to check the
power of the MPLA majority or defeat legislation supported by the
executive branch. The judiciary was subject to executive influence,
functioned only in parts of the country, and did not ensure due
process.
The Ministry of Interior was responsible for internal security, a
function that it traditionally exercised through the Angolan National
Police (ANP) and other organs of state security; however, as part of a
July organizational reshuffling, the internal intelligence service
became directly answerable to the Office of the Presidency. The FAA
were responsible for protecting the country against external threats
and has intervened in a number of regional conflicts in recent years.
The FAA continued counterinsurgency operations against the Front for
the Liberation of the Enclave of Cabinda-Armed Forces of Cabinda (FLEC-
FAC), which increased in intensity with the launching of a major
offensive in October. The Government's security forces remained under
civilian leadership; unlike in the previous year, there were no reports
that security forces acted independently of the Government. Security
forces committed serious human rights abuses.
Government policy continued to inhibit economic reform. At least 20
percent of the national budget or 11 percent of gross domestic product
(GDP) was dedicated to defense during the year, while an estimated 50
percent of state expenditures were not reflected in the official
budget. The economy continued to perform poorly, and despite abundant
natural resources, output per capita remained extremely low. In October
the Government announced the creation of a customs warehouse system
that established a fixed import regime for basic food items, slowing
the trend toward import and regulatory liberalization. The population
is estimated at 13 million, and annual per capita GDP was approximately
$600. The country's wealth continued to be concentrated in the hands of
a small elite who often 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 were even lower as the majority of the rural
economy was dependent on subsistence agriculture, which was affected
seriously by the civil unrest. In May the already large-scale
international humanitarian feeding operation was expanded further to
prevent widespread rural famine caused mainly by the forced
displacement of rural populations during the Government's aggressive
counterinsurgency offensive during the last months of the war against
UNITA and greatly expanded access to former UNITA areas after the April
ceasefire.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Citizens have no effective means to
change their government. Members of the security forces committed
extrajudicial killings, were responsible for disappearances, and
tortured, beat, raped and otherwise abused persons. The FAA employed
scorched earth tactics and forced movements of rural populations as
part of its counterinsurgency operations against UNITA and FLEC. After
the April 4 Luena agreement ended the conflict between the Government
and UNITA, the army ceased to be the major human rights offender
outside of Cabinda province, and the poor discipline of the police
force made it the worst offender. The Government often did not
prosecute or punish those in the security services responsible for
abuses. Prison conditions were harsh and life threatening. The
Government routinely used arbitrary arrest and detention, and lengthy
pretrial detention was a problem. Where it did function, the judiciary
was subject to the influence of the President, the ruling MPLA party,
or anyone able to offer bribes in exchange for favorable rulings. The
Government infringed on citizens' 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. During the year, the Government passed the Law on
State Secrecy that gave the executive branch even greater control over
public information and imposed criminal penalties on individuals who
publicize information that the Government considered damaging. The
Government restricted the freedoms of assembly, association, and
movement; however, it allowed peaceful public protest and opposition
party meetings. Unlike in the previous year, the Government did not
restrict the freedom of movement of journalists. The Government
continued to limit independent investigations of human rights abuses,
although it permitted international human rights organizations to
conduct research in partnership with local civil society groups in the
country. The number of persons internally displaced by the conflict
increased, largely as a result of forcible resettlements. Violence and
discrimination against women were common; adult and child prostitution
were prevalent; and children and persons with disabilities continued to
suffer as a result of the civil conflict and poor economic conditions.
The Government continued to dominate the labor movement and restricted
workers' rights. Forced labor, including forced child labor, was a
problem in UNITA areas until the end of the war. There were reports of
trafficking in persons.
The armed UNITA forces, under the control of Jonas Savimbi, were
responsible for killings, disappearances, torture, rape, and other
abuses until the effective cessation of hostilities in February; the
two Luanda-based factions of UNITA were not responsible for abuses.
UNITA prevented freedom of speech, the press, assembly, association,
and movement in areas it held until April. UNITA continued forced
military recruitment, including of underage males, and used forced
labor for a large part of its local-level logistical support until the
end of the war. The sexual abuse of women conscripted to work as
porters was common.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Prior to the
conclusion of the April ceasefire between the Government and UNITA, the
FAA, the National Police, and UNITA troops reportedly committed human
rights violations and participated in extrajudicial killings.
Verification of reports of abuses committed by both the Government and
UNITA was extremely difficult. After the April ceasefire, reports of
killings and human rights violations by the FAA ceased, except in the
diamond-mining areas and Cabinda. Police participated in extortion,
robbery, and carjackings and were cited as the primary human rights
abusers by local human rights organizations by year's end (see Section
1.c.). It is believed widely that police resorted regularly to
extrajudicial killings, especially of known criminal gang members, as
an alternative to the country's ineffective judicial system. Other than
those personnel assigned to elite units, the Government gave tacit
permission for security personnel to supplement their income through
the extortion of the civilian population. For example, independent
media sources accused police in Lunda Norte of terrorizing and
extorting money from citizens in the municipality of Nzagi during the
year. Police commanders were accused of permitting such activity and
killing market vendors who complained about the abuses. Impunity
remained a serious problem.
In November 17 persons were robbed and killed in Malange. There
were allegations of police involvement, and an investigation was
ongoing at year's end.
There were no developments in the June 2001 police killing of two
residents of Boa Vista (see Section 1.f.).
Prison conditions were life threatening due to inadequate food,
medicine, and sanitation, and many prisoners died in official custody
(see Section 1.c.).
Unlike in the previous year, there were no reports of localities
changing hands before the war ended that resulted in the extrajudicial
killing of government administrators or persons accused of
collaboration with UNITA.
The army engaged in a scorched earth policy during the closing
stages of the war, burning villages and killing civilians (see Sections
1.f., 1.g., and 2.d.). The failure of the Government to provide
adequate protection for civilians contributed to the number of civilian
casualties prior to the end of the war. After the April ceasefire,
there were no reports that soldiers summarily executed civilians
suspected of supporting UNITA.
As the Government intensified its counterinsurgency campaign up
until the death in combat of Jonas Savimbi, large numbers of persons
were uprooted by the Government's scorched earth policy, which
destroyed thousands of acres and resulted in extrajudicial killings.
Internally displaced persons (IDPs) and refugees fled the fighting and
triggered a large-scale humanitarian crisis as rural food stocks were
destroyed and subsistence agriculture was hampered severely in many
areas. According to official estimates, up to four million persons were
displaced due to war and resulting famine. Access by nongovernmental
organization (NGO) and other aid workers to previously denied areas
revealed many pockets of extreme deprivation, which significantly
increased the need for humanitarian relief.
Undocumented workers in the diamond fields, including ex-UNITA
soldiers and Congolese workers, were targeted in government efforts to
retain control of alluvial diamond mining operations. In September in
the Government-owned newspaper Jornal de Angola, a FAA general
threatened action against ex-UNITA forces that left quartering areas
and reportedly were engaged in illegal mining in Lunda Sul.
Subsequently local NGOs reported that government forces attacked and
killed undocumented diamond miners in Uige.
Unconfirmed but credible reports suggested that both sides
summarily executed prisoners of war (POWs) until the end of the war. In
Cabinda province, reports of civilians killed in fighting were
increasing at year's end (see Section 1.g.). In December the Ad-Hoc
Commission for Human Rights in Cabinda released its first report that
contained a detailed list of nine alleged arbitrary killings by
government forces. The Government had not responded to the report by
year's end.
Unlike in the previous year, there were no reports that government
soldiers killed civilians in Namibia or that individual members of the
FAA summarily executed citizens of the Democratic Republic of the Congo
(DRC).
No action was taken, nor was any likely to be taken, into the
alleged November 2001 killing of seven Zambian civilians by government
forces.
Since the April ceasefire provided for the amnesty of FAA and UNITA
forces, there was unlikely to be any further investigation or action
taken against the FAA member responsible for the killing of Thaddeus
Vili at Bagani or against those responsible for the 2000 killing of
more than 100 persons in Bie province and the discovery of a mass
grave.
No action was taken, nor was any likely to be taken, into the
following reported killings by FAA members in 2000: The July execution
of two Namibian civilians, and the January killing of Thadeus Mubili in
Mushangara in western Caprivi.
Both government and UNITA forces continued to use antipersonnel
landmines in the country and in Namibia until the end of the war, which
resulted in dozens of deaths and numerous injuries during the year (see
Section 1.g.).
UNITA military units reportedly pillaged rural areas, depopulated
parts of the country, killed or abducted traditional leaders, and
eliminated all opposition, real or potential until the end of the war.
UNITA troops also committed extrajudicial killings during attacks on
villages. Interviews with many refugees indicated that UNITA committed
abuses, including public extrajudicial killings, as a deliberate
policy. UNITA killed numerous civilians during attacks on civilian
traffic in the interior of the country. Such attacks were designed to
halt transportation, disrupt commerce, isolate populations, and
maintain a climate of insecurity. UNITA abducted numerous persons
during the year; many, including children, died or were killed while in
captivity (see Section 1.b.). There were reports that UNITA used forced
conscription until the end of the war and killed persons who attempted
to desert (see Sections 1.b. and 1.f.). Unlike in the previous year,
there were no reports that UNITA forces killed Namibian citizens.
Following the April 4 ceasefire, the movement of UNITA forces to the
quartering areas, and the August 2 abolition of UNITA's military
forces, killings attributed to UNITA ceased.
NGO workers were killed during UNITA attacks. It was unknown in
most cases whether they were targeted because of their work.
UNITA never accounted for the deaths of numerous senior party
officials. A number of high-ranking UNITA officials who had defected
revealed the extent of killings in UNITA-held areas. UNITA did not
allow the U.N. to investigate claims of human rights abuses in the
limited areas (less than 5 percent of the country's territory) that it
controlled until April. With the demobilization of UNITA, investigators
were able to enter areas formally under UNITA control.
There were no reports of any action taken, nor was any likely,
against the UNITA rebels responsible for the following killings in
2000: The January killing of 2 civilians outside of Rundu; the February
killing of 3 civilians in Shinyungwe village; the February attack on
Santa Clara in Cunene Province in which at least 26 civilians were
killed; the March stoning and crucifixion of 6 children for allegedly
giving information to the Government; the May attack on a hospital in
Camacupa; the June unconfirmed discovery of 17 mass graves in Bie
Province, each containing more than 100 bodies; the July attack on a
residential school and training center in Huambo Province in which one
boy was killed; the July attack on an orphanage in Huambo Province in
which a teenager was killed; and the August killing of four civilians
during an attack on the town of Catete.
There were no developments in the November 2001 case in which armed
persons killed five civilians and abducted two children outside Luanda.
FLEC-FAC forces also reportedly tortured and killed civilians in
Cabinda. According to the Ad-Hoc Commission on Human Rights in Cabinda,
in August FLEC guerillas decapitated a woman accused of collaborating
with the Government.
There were no developments in the April 2000 case in which FLEC-FAC
killed a foreign national during an ambush north of Dingo.
b. Disappearance.--Persons taken into police custody disappeared
without a trace, particularly in rural areas. In March three teenagers
were handed over to police officials after an altercation in the
municipality of Cazenga outside of Luanda. Family members discovered
their bodies 4 days later. Investigation of the case was ongoing at the
year's end. Suspects accused of illegal weapons ownership or
collaboration with UNITA or FLEC-FAC disappeared. The Ad-Hoc Commission
on Human Rights in Cabinda reported several disappearances of persons
detained by government forces during the year for alleged ties to FLEC
insurgents (see Section 1.g.).
There were no new developments in the 2001 disappearance of
civilians abducted from Zambian territory. Unlike in the previous year,
there were no reports that government forces or UNITA rebels abducted
persons from Zambia; however, in December government forces detained
eight Zambians who crossed the border into the country. A detained
woman was released quickly; however, there was no further information
on the whereabouts of the seven detained men at year's end.
On September 2, unidentified armed men abducted a traditional chief
in Huambo Province. It was the first incident involving the kidnaping
of a traditional leader since the signing of the April 4 Luena Accord.
There were no developments in the case at year's end.
Prior to the April 4 ceasefire, civilians abducted by UNITA
generally either were recruited forcibly as soldiers or support
personnel, or were considered government collaborators. The frequent
discovery of 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.). Some of the women kidnaped by UNITA soldiers did not
know their origins or families because they were abducted at a very
young age. Several eventually were forced into marriage. There were no
reports that UNITA abducted persons after the April ceasefire.
There were no developments in the February 2001 case in which
suspected UNITA rebels kidnaped a traditional chief in Huambo or the
April 2001 kidnaping of 50 persons in Benguela Province.
There were no developments in the cases from 2000 in which UNITA
rebels kidnaped persons: The January abduction of 2 teenage girls from
a village near the border by 6 armed men suspected to be UNITA rebels;
the July kidnaping of 21 children in Huambo Province; and the July
kidnaping of 100 children from Quela.
In previous years, the FLEC-FAC separatist group kidnaped civilians
and foreign national employees of companies operating in Cabinda. In
August FLEC-FAC announced that it no longer would perpetrate kidnaping.
Unlike in previous years, there were no reports that the Front for the
Liberation of the Enclave of Cabinda-Renewed (FLEC-Renovada) abducted
persons.
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. Local and international human rights organizations reported
that there was widespread government abuse of suspects.
Security service personnel frequently employed torture and other
forms of cruel and degrading treatment, including rape. Until the April
ceasefire, those suspected of ties to UNITA regularly were detained
under inhuman conditions and were subjected to primitive and brutal
forms of interrogation. Police frequently used torture and coerced
confessions during investigations and rarely, if ever, were punished
for such abuses. Nonpolitical criminal suspects also were subjected to
abuse, although to a lesser extent. Police often beat and released
suspects in lieu of trials (see Section 1.d.). For example, in August
police detained and tortured two young men for illegal possession of a
firearm in the municipality of Kilamba Kiaxi, according to independent
media reports.
After the April ceasefire, there were few reports of human rights
abuses by the FAA, with the exception of operations in Cabinda and
against illegal diamond miners (see Sections 1.a. and 1.b.). From April
until the end of the year, the National Police and prison officials
were the principal human rights abusers. Reports of police abuses
collected by local human rights organizations detailed specific
violations and generalized behavior during the year.
Police frequently participated in acts of intimidation, robbery,
carjacking, and killing (see Section 1.a.). For example, in June the
local human rights organization Maos Livres reported that police raided
the Sumbe market in Kwanza Sul and beat bystanders. Police also
reportedly stole and destroyed vendors' merchandise.
Police also extorted money from travelers and harassed refugees at
checkpoints (see Section 2.d.). Police officers and soldiers reportedly
harassed IDPs and denied them humanitarian supplies (see Section 2.d.).
Police injured persons while forcibly dispersing demonstrations on at
least one occasion (see Section 2.b.). Impunity was a serious problem.
There continued to be reports that government forces raped women
(see Sections 2.d. and 5).
Unlike in the previous year, there were no reports that government
forces harassed NGO workers.
No action reportedly was taken in the following 2001 cases: The
reported January beating and torture of several Namibians in Caprivi by
a group of men in FAA uniforms; against the FAA soldiers who reportedly
raped a woman in Zambia; the reported raping and looting while
stationed in the DRC by some individual members of the FAA; the June
injuring by police of an undetermined number of Boa Vista residents who
were protesting their eviction and relocation.
No action reportedly was taken, nor was any likely to be taken, in
the following 2000 cases: The February beating by police of protesters
during demonstrations, and the alleged July execution of two Namibian
civilians and the injury of another by members of the FAA.
Landmines laid by both sides during the conflict resulted in a
continued high number of fatalities and injuries (see Sectiona. and
1.g.).
The U.N. and human rights organizations reported that abuse of
suspects was common in areas that remained under UNITA control until
April. Interviews with persons who fled UNITA-held areas revealed that
UNITA used cruel and inhuman practices, including public torture, to
punish dissent and deter further acts of disloyalty. Torture was used
at all levels by UNITA forces during the war. There were repeated
credible allegations that, prior to his death, UNITA leader Jonas
Savimbi ordered suspects tortured and executed in his presence. There
were reports that until the ceasefire UNITA engaged in reprisal attacks
on civilians.
Unlike in the previous year, there were no reports that UNITA
forces abused Namibian citizens in border areas.
No action was taken against UNITA members who attacked a commercial
convoy in May 2001 or tortured and mutilated a truck owner in June
2001.
No action was taken against the approximately 100 members of UNITA
who attacked a residential school and training center in Huambo
Province in July 2000; the UNITA troops kidnaped 21 children and
injured at least 4 others.
There were government press reports that UNITA members harassed
National Union for the Total Independence of Angola-Renewed (UNITA-
Renovada) members in Lunda Sul, Benguela, and Luanda.
FLEC-FAC forces tortured and killed civilians in the Cabinda
region.
Prison conditions were harsh and life threatening. Cells were
overcrowded and lack basic sanitary facilities. The prison system held
approximately five times the number of prisoners that it was built to
hold. Warehouses in Bengo, Malange, and Lunda Norte provinces were used
as prison facilities during the year. Many prisons, lacking financial
support from the Government, were unable to supply prisoners with
adequate food and health care. There were credible reports from local
NGOs that prisoners died of malnutrition and disease. For example, at
the Viana Prison, malnutrition and disease were pervasive problems.
Local human rights organizations reported that conditions were
considerably worse outside the Luanda prison system. Many rural
prisons, such as Chitato in Lunda Norte, were cited by local human
rights organizations for not having toilets, beds, mattresses, water,
or medicines. One prisoner reportedly died of malnutrition in Dundo
Prison during the year.
Prison officials routinely beat detainees. During the year, local
human rights organizations reported that an inmate in Bengo Prison was
held inside a water tank for 2 days without food or water as punishment
for making an escape attempt. There also were independent media reports
of a prison director in Huambo using prisoners as laborers in his
house.
Prisoners depended on families, friends, or international relief
organizations for basic support, including food. Prison officials, who
chronically were unpaid, supported themselves by stealing from their
prisoners and extorting money from family members. For example, prison
guards continued to demand that prisoners pay for weekend passes that
they were entitled to receive.
Juveniles, often incarcerated for petty theft, were housed with
adults and suffered abuse by guards and inmates. Female prisoners were
held separately from male prisoners; however, there were reports that
prison guards sexually abused female prisoners. Detained individuals
awaiting trial frequently were housed directly with sentenced inmates,
and prisoners serving short-term sentences often were held with inmates
serving long-term and life sentences for violent crimes.
The Government permitted foreign diplomatic personnel and local and
international human rights observers to visit prisons during the year.
Local human rights monitors were permitted to visit some individual
prisoners; however, in July deputies from the National Assembly
Committee on Human Rights attempted to visit prisons in Malange and
Lunda Sul provinces to verify conditions but were blocked from entering
the institutions by prison officials.
d. Arbitrary Arrest, Detention, or Exile.--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 could be
signed by members of the judicial police and confirmed within 5 days by
a magistrate; however, arbitrary arrest and detention were serious
ongoing problems, and security forces used arbitrary arrest and
detention during the year (see Section 1.c.). Persons were denied due
process. With the end of active FAA counterinsurgency operations
against UNITA in April, the National Police became the primary source
of abuses during the year; however, from September to December reports
of arbitrary detentions increased markedly in Cabinda with the
launching of a large government offensive against FLEC guerillas (see
Section 1.g.).
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, such rights frequently were ignored in
practice. There was a scarcity of personnel and resources and a lack of
official determination to ensure these rights. Although the Ministry of
Justice was nominally in charge of the prison system, the Ministry of
the Interior continued to arrest and detain persons systematically,
arbitrarily, and secretly for all categories of crimes and for
indefinite periods, often with no apparent intent to bring the
detainees to trial.
Under the criminal law, a person may not be held for more than 135
days without trial. The National Security Law provides for a maximum of
180 days of preventive detention; however, in practice, laws regarding
preventive detention frequently were ignored. Preventive detention is
allowed when an individual is caught in the act of committing a crime
punishable by a prison sentence.
An insufficient number of judges and poor communications between
various authorities led to prolonged detention. More than 60 percent of
inmates were awaiting trial. Inmates who had been awaiting trial for 2
or 3 years were common. In one case, an inmate detained in Uige
province was transported to Luanda and held for 2 years waiting to be
returned to Uige to stand trial. Local human rights groups cited at
least seven cases of inmates who had been detained between 2 and 5
years still awaiting hearings at year's end. In many cases, police beat
and then released detainees rather than make any effort to prepare a
formal court case (see Section 1.e.). Local human rights organizations,
such as Maos Livres and Association for Justice, Peace, and Democracy
were successful in securing the release of some detainees during the
year.
Unlike in the previous year, there were no reports that the
Government detained opposition supporters.
Police arrested persons holding demonstrations (see Section 2.b.).
Unlike in the previous year, there were no reports that local
police detained UNITA-Renovada supporters.
There were reports that UNITA kidnaped and detained persons
primarily from rural areas against their will until the end of the war.
The number of such affected persons was unknown.
Unlike in previous years, the Government did not hold political
detainees. As part of the April ceasefire, 84,000 UNITA troops were
quartered in 35 gathering areas. In August FAA and UNITA military
commanders selected 5,007 UNITA troops for integration into active-duty
FAA units. On October 20, the remaining ex-UNITA forces began returning
to their areas of origin in a government-organized resettlement program
(see Section 1.g.). Unlike in previous years, there were no reports of
POWs being held by either the Government or UNITA.
The Government did not use forced exile as a form of punishment.
Some UNITA members previously claimed that they went into self-imposed
exile because the Government threatened their lives. Several prominent
UNITA members returned to the country following the Luena Accord and
the transition of UNITA to solely a political party.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary, where it functioned, was
not independent of the President and the MPLA, and political pressure
from the presidency affected the outcome of cases. In practice the
court system lacked the means, experience, training, and political
backing to assert its independence from the President and the ruling
MPLA 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. During
the first half of the year, the Government rebuilt courts in Cabinda,
Benguela, and Kwanza Sul; however, where provincial courts existed
there was often only one judge to cover all cases, civil and criminal,
in the province. In many cases, police beat and then released detainees
rather than make any effort to prepare a formal court case.
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. The Supreme Court
serves as the appellate division for questions of law and fact. A
Constitutional Court provided for in the 1991 Constitution had not been
established by year's end; the Constitution provides for judicial
review of constitutional issues by the Supreme Court until the
Constitutional Court is established. There were long delays for trials
at the Supreme Court level. Trials for political and security crimes
are supposed to be handled exclusively by the Supreme Court; however,
there were no known cases of such trials. The criminal courts, in
particular, have a large backlog of cases that caused major delays in
scheduling hearings. The legal code and rules of procedure remained
outdated, although some steps toward modernization had begun.
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, a system of
bail, and recognized the accused's right to counsel; however, the
Government did not always respect these rights in practice. Trials are
open to the public; however, each court had the discretion to close
proceedings arbitrarily. Defendants do not have the right to confront
their accusers. Judges were usually not licensed lawyers. The judge and
two lay persons elected by the full court act as the jury.
During the year, human rights training was provided to lawyers with
support from the Human Rights Division of the U.N. Mission in Angola
(UNMA). The lawyers were trained to work in municipal police stations
and intervene to protect the rights of individuals in police custody.
Government corruption was pervasive, and accountability was
limited. The Tribunal de Contas (Anticorruption Tribunal) was created
in April 2001. The Tribunal was headed by a judge who also was a deputy
in the National Assembly. It had a generous budget and reportedly is
autonomous, with powers to investigate and prosecute corruption at all
levels. While it had not tried any cases yet, the Tribunal claimed to
be investigating senior members of the Government, including governors
and ministers.
Unlike in the previous year, no one was released under the Amnesty
Law; however, a general amnesty for all acts committed by government
and UNITA soldiers during the war was included in the April ceasefire.
In the past, UNITA established a nominal military and civilian
court system in territories under its control and claimed that its
Civil Code was equivalent to the Portuguese Civil Code used by the
Government; however, there was no indication that UNITA maintained this
system in the isolated pockets of territory it controlled at the end of
the war, and reports indicated that strict martial law applied in those
areas.
Unlike in previous years, there were no reports that the Government
held political prisoners.
After the signing of the April ceasefire, there were no reports
that UNITA held political detainees or prisoners.
f. Arbitrary Interference with Privacy, Family, Home or
Correspondence.--The Constitution provides for privacy of home,
correspondence, and business information; however, 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
were disregarded.
Until the April ceasefire, there were reports that army units
engaged in a scorched earth policy in the central and eastern parts of
the country, burning villages, destroying crops, and terrorizing
civilians (see Sections 1.a. and 1.g.). There were reports of similar
tactics used against separatists in Cabinda. Government and UNITA
forces reportedly attacked women in their homes, while they were
working in the fields, near military camps, and during searches of
homes (see Sections 1.g. and 5). There were no developments in the May
2001 case of four soldiers arrested in Namibia for threatening a woman.
During the final stages of the war, the IDP situation deteriorated
as the Government forcibly moved large numbers of persons as part of
its counterinsurgency operations against UNITA. With the end of
hostilities and the high number of IDPs straining humanitarian relief
efforts, there were reports that the Government forced IDPs out of
camps and back to their places of origin before resettlement areas were
declared free of mines and accessible to continued food deliveries or
otherwise met standards adopted by the Government as preconditions to
return (see Section 2.d.).
In June 2001, the Government evicted 5,500 families from their
homes in the Boa Vista neighborhood in Luanda as a part of an urban
renewal project; a number of persons were killed, injured, or arrested
during the confrontation between police and residents. The forced
relocation effectively denied them access to employment and services,
including public transportation, in the capital (see Section 2.d.). At
year's end, the Government had built only a fraction of the houses it
promised, and the residents still were living in temporary shelters at
an isolated camp outside of Luanda. Journalists were able to report on
the camp.
To enforce laws on mandatory military service, the armed forces and
police conducted forced conscription drives, particularly in rural
areas, in which some minors may have been recruited. Under the law,
military service is obligatory, but the pattern of the forced
recruitment targeted poor communities and unemployed young men. Persons
who could prove that they had jobs usually were released, and those
with financial means could purchase an exemption from the armed forces.
Unlike in the previous year, there were no reports that NGO workers
were targeted for forced recruitment. The Government denied that forced
recruiting took place.
Until the April ceasefire, UNITA looted and destroyed property to
replenish their supplies of food and medicine and continued to
conscript forcibly civilians, including children, for military duty
(see Section 1.g.).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--The country's competing independence movements
began a civil war immediately after independence in 1975, which lasted
until the signing of the Bicesse Accords in 1991. In 1992 UNITA, under
the leadership of Jonas Savimbi, rejected the results of the
presidential election and resumed the civil war. In an effort to end
the civil war, the Government and UNITA signed the Lusaka Protocol in
1994. The agreement 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; however, UNITA failed to
comply with several fundamental aspects of the protocol. It maintained
a significant military capability, and it refused to surrender the
territory it held to state administration.
In 1998 fighting resumed between the Government and Jonas Savimbi's
armed faction of UNITA. A splinter group called UNITA-Renovada and
another, larger, peaceful faction of UNITA rejected war and pursued
their respective agendas through peaceful political activity, including
as members of the National Assembly. In 1999 the FAA destroyed the
conventional military capacity of UNITA and consolidated its military
control of most of the nation's territory; however, UNITA reorganized
itself as a guerrilla force and continued to carry out deadly attacks
on lightly defended targets until the February 22 death of Savimbi in a
FAA attack in Moxico Province.
Within weeks of Savimbi's death, the remaining UNITA leadership
began ceasefire negotiations in the eastern city of Luena with the
Government. On April 4, the Government and UNITA signed the Luena
agreement, which set a timeline for disarming and disbanding all UNITA
military forces by the end of July. On August 2, UNITA's military force
officially was disbanded, and all ex-UNITA personnel were incorporated
into the FAA.
Military operations by both the Government and UNITA resulted in
numerous human rights violations until the end of hostilities. The
Government and UNITA used antipersonnel landmines to strengthen
defensive positions and, in the case of UNITA, reportedly to prevent
residents within its own areas from fleeing to government-held areas
(see Section 2.d.). Large areas were remined after the resumption of
fighting in 1999, mostly by UNITA. Military attacks resulted in
indiscriminate and summary killings, abductions, torture, destruction
of property, and theft (see Sections 1.a., 1.b., and 1.c.). The
provinces most affected were Lunda Norte, Lunda Sul, Malange, Bie, and
Moxico, although UNITA also mounted raids near the coast during the
last months of the war. The Government's failure to pay, feed, and
equip many of its army and police personnel resulted in frequent
extortion and theft. Government personnel confiscated food, including
donated relief supplies, livestock, and personal property. The
Government continued to use forced conscription until the ceasefire
with UNITA (see Section 1.f.).
In the closing stages of the war, both the Government and UNITA
used the control of civilian populations as part of their tactics.
Government units engaged in a scorched earth policy, burning villages
and killing civilians (see Section 1.a.). In part due to this policy, a
large number of persons in rural areas were displaced, and agricultural
production was diminished. UNITA tried to prevent the same populations
from fleeing in order to retain authority over them. As a result, many
civilians were trapped in extremely remote areas, inaccessible to
humanitarian relief agencies and unable to grow their own food. After
the end of the conflict, the U.N. conducted surveys of 28 previously
inaccessible areas and found serious to severe malnutrition and high
morbidity and mortality rates in most of them. Large-scale
international humanitarian assistance was necessary to avert widespread
famine.
The Luena Accord provided for the quartering and demobilization of
UNITA's 84,000 soldiers and officers. Of that total, FAA and UNITA
military commanders selected 5,007 for integration into active-duty FAA
units in August. On October 20, the remaining ex-UNITA forces began
returning to their areas of origin after the Government began closing
the 35 quartering camps. Although the Government initially announced it
would close the camps by October 15, it reversed that decision and
allowed the camps to remain open until at least the end of the year.
There were credible reports that one camp in Kwanza Sul province was
burned and emptied by the FAA in late October. Conditions in many of
the resettlement areas did not meet the Government's own standards for
being clear of landmines, accessible to government services, and near
potable water. There were no confirmed reports of human rights
violations against ex-UNITA troops in the 35 quartering areas.
Unlike in the previous year, there were no reports of FAA and
police harassment of and attacks on humanitarian workers.
While estimates varied widely and there was a growing consensus
that the exact number was lower than previously thought, at least
500,000 landmines were estimated in the country. The United Nations
Development Program (UNDP) also estimated that there were 2 million
unexploded munitions in the country. According to the Angolan National
Institute for the Removal of Explosive Obstacles and Devices (INAROEE),
at least 42 persons were killed and 124 injured by landmines during the
year. With large numbers of persons returning following the April
ceasefire and mass migrations due to food insecurity, the number of
affected persons was believed to be higher than the previous year. The
Government and various international NGOs had ongoing landmine
clearance operations.
The number of IDPs increased significantly over the previous year
as the counterinsurgency campaign against UNITA intensified in the last
months of the war, and military forces forcibly displaced citizens (see
Section 2.d.).
There continued to be reports that government forces raped women
(see Section 5).
With the cessation of hostilities with UNITA in April, the
Government reportedly intensified its military operations against
separatists in Cabinda. While reports of generalized human rights
abuses by the FAA almost ceased in other parts of the country after the
signing of the Luena Accord, reports of civilians killed in the
fighting in Cabinda were increasing at year's end. There were reports
that government forces shelled civilian villages during the year, and
there were reports that government forces were employing similar
counterinsurgency tactics against FLEC-FAC as they used against UNITA.
A detailed report by the Ad-Hoc Commission on Human Rights in Cabinda
released in December listed several dozen cases of human rights
violations by government forces and a smaller number by separatist
guerillas (see Sections 1.a., 1.b., 1.c., and 1.d.).
UNITA forces routinely violated citizen's rights in pursuit of
military objectives. There were continued reports of deaths resulting
from UNITA attacks on villages throughout the country and executions of
suspected government supporters by UNITA forces until the April
ceasefire (see Section 1.a.). UNITA carried out forced recruiting,
including of children, in territories under its control until the end
of the war. 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 (see
Sections 5 and 6.c.). Unlike in the previous year, there were no
reports that UNITA rebels targeted for killings and other abuses
citizen NGO employees in the country. Unlike in previous years, after
the April ceasefire there were no reports that UNITA rebels raided
villages or kidnaped civilians. Reports of abuses by UNITA ceased after
the April ceasefire.
The separatist group FLEC-FAC killed foreign nationals and tortured
and killed civilians in the Cabinda region.
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 at times restricted this right in
practice. The Government continued to intimidate journalists into
practicing self-censorship. There were reports that the Government paid
journalists to publish progovernment stories. In previous years, the
Government detained for up to several months or placed under
investigation journalists who reported on sensitive issues, including
military operations, government corruption, and UNITA, especially Jonas
Savimbi. However, during the year, there was increasing private media
attention to corruption, economic mismanagement, and opposition
politics, and there were no reports that journalists were placed under
investigation for such reporting. Nevertheless, there were reports that
the Government limited access by independent journalists to certain
events and interviews, and journalists acknowledged that they exercised
self-censorship when reporting on highly sensitive matters.
Defamation against the President or his representatives is a
criminal offense, punishable with imprisonment or fines. Truth was not
a defense to defamation charges; the only allowable defense was to show
that the accused did not produce the actual write the allegedly
defamatory material. Criminal defamation charges were dropped against
journalist Gilberto Neto, and he was free to travel outside the
country.
In July the National Assembly passed the Law on State Secrecy,
which provides the executive branch broad authority to classify public
information and impose criminal penalties on individuals who publicize
information that the Government views as damaging. The new law gave the
Government authority to censor reports from international financial
institutions or international press stories that criticized the
Government or exposed official corruption. The Government also can
prosecute international oil companies under the law for releasing data
on their transactions with the parastatal oil company; however, the new
law had not been used by year's end.
The majority of the media was state-run and carried very little
criticism of the Government; however, the Government tolerated
increasing criticism of its policies and actions in the independent
media. Specific harassment of independent media diminished during the
year in most of the country. There were seven private weekly
publications with circulation in the low thousands. A committee
composed of the Minister of Social Communication, the spokesman of the
Presidency, and the directors of state-run media organizations
controlled policy and censorship authority. The MPLA's Secretary
General also influenced the content and tone of state-run media
reporting. The Government used its control of the media to influence
local and international public opinion, particularly about UNITA.
The state press often criticized independent journalists and
opposition leaders, but limited access for these journalists to
respond. During the year, UNITA leadership and opposition party leaders
complained they were denied the opportunity to respond to criticism and
negative innuendo against them in the official media. In August the
Government announced the formation of a committee consisting of both
government and nongovernment representatives to revise the media law.
The committee appointed by the President was expected to release a
draft law for public comment in January 2003. In 2000 the Government
suspended the earlier drafting process and withdrew a draft law
submitted for public comment after widespread criticism of the text for
not allowing expansion of political dialogue and for increasing the
criminal penalties for defamation.
Provincial governments, particularly in Malange and Kwanza Norte,
limited press freedom and harassed independent journalists during the
year. Unlike in the previous year, local authorities did not prohibit
independent journalists from traveling to the provinces.
The news ban on war coverage that was instituted in 1999 ended with
the April ceasefire.
Unlike in the previous year, there were no reports that the
Government discouraged potential advertisers from buying advertising
space in independent newspapers. Unlike in the previous year, there
were no reports that the Government harassed, arrested, or detained
journalists on charges of slander, and crimes against the security of
the State. Unlike in the previous year, there were no reports that
government authorities threatened journalists or that police
confiscated material from journalists.
There were no developments in the July 2001 case in which police
confiscated Folha 8 journalist Gilberto Neto's reports without a
warrant, or the July and November 2001 cases in which government
authorities threatened journalists.
There were also five commercial radio stations including the
Catholic Radio Ecclesia, and Radio Lac Luanda, which openly criticized
aspects of government policies and highlighted poor socioeconomic
conditions. Unlike in the previous year, there were no reports that
radio stations suspended their programming reportedly because of
government pressure. Also unlike in the previous year, there were no
reports that journalists working for radio stations were attacked or
kidnaped.
There were no developments in the February 2001 case in which VOA
and Radio Ecclesia correspondent Isaias Soares was attacked by armed
men, or the July 2000 case in which Radio Ecclesia director Paulo was
kidnaped by individuals claiming to represent the Government.
The Government generally did not restrict the activities of foreign
media, including the British Broadcasting Corporation (BBC) and Voice
of America (VOA). Unlike in the previous year, there were no reports
that the Government refused to allow direct retransmissions of their
broadcasts. Foreign journalists must obtain authorization from the
Ministry of the Interior to obtain access to government officials or to
travel within the country. With the end of the war in April, media
requests to travel to areas previously not controlled by the Government
were no longer denied. The Government placed no abnormal visa
restrictions on foreign journalists and allowed them freedom to report
on all aspects of society. Unlike in the previous year, there were no
reports that the Government authorities prevented foreign
correspondents from reporting in any area of the country.
UNITA did not permit freedom of expression in the areas under its
control until the end of the war.
The Government did not restrict academic freedom, and academics did
not practice self-censorship. Academics frequently served as
commentators for independent media and spoke at public forums in
Luanda. Students were permitted to speak and read freely; however, the
Government tightly controlled student and other protests or
demonstrations (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of assembly; however, the Government restricted
this right in practice. The law requires a minimum of 3 days' prior
notice before public or private assemblies are to be held, and makes
participants liable for ``offenses against the honor and consideration
due to persons and to organs of sovereignty'' (see Section 2.d.).
Applications for progovernment assemblies were granted routinely
without delay; however, applications for protest assemblies rarely were
granted.
In August local human rights organizations reported the illegal
detention of three refugees from the DRC in the municipality of
Ingombotas. According to independent media reports, the three refugees
were held illegally for 1 week after they attempted to hold a public
demonstration in front of the local U.N. High Commissioner for Refugees
(UNHCR) office to protest their conditions.
On October 8, police forcibly dispersed students who were
demonstrating in support of a strike by their professors at Agostino
Neto University (see Section 6.b.), and arrested at least five
students. On October 18, the strike was resolved, and no charges were
brought against the five arrested students. The Government-run daily,
Jornal de Angola, criticized the police for their handling of the
demonstration.
On November 28, police moved 30 Congolese refugees who had
maintained a vigil outside the UNHCR's Luanda office for 5 months to a
nearby refugee camp (see Section 2.d.).
Unlike in the previous year, there were no reports that opposition
supporters were detained after holding demonstrations.
No action was taken, nor is any likely to be, against members of
the police who in February 2000 beat protesters and used excessive
force to disperse several demonstrations, including a demonstration in
front of a church in Luanda.
The Constitution provides for the right of association; however,
the Government restricted this right in practice. Legislation permits
the Government to deny registration to private associations on security
grounds. Although the Government approved most applications, including
those for political parties, the Ministry of Justice continued to block
the registration of the local human rights group Association of
Justice, Peace, and Democracy (AJPD) by not taking action on its
application originally filed in 2000. At year's end, AJPD was awaiting
a Supreme Court decision on its suit against the Ministry of Justice
for not processing the registration application. AJPD continued to
function during the year (see Section 4). Independent labor activists
reportedly also encountered difficulty with provincial government
authorities in registering branch associations; however, vigils and
demonstrations did take place (see Section 6.b.). The Government also
arbitrarily restricted associations that it considered antigovernment,
by refusing to grant licenses for organized activities and through
other means, such as police or other official harassment. Opposition
parties were permitted to organize and hold meetings during the year.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
In January the Government confirmed that religious groups must
register with the Ministry of Justice and the Ministry of Education and
Culture. Colonial-era statutes banned all non-Christian religious
groups from the country; while those statutes still exist, they no
longer were enforced. Early in the year, the colonial-era law granting
civil registration authority to the churches was reinstated. In October
the provincial government in Cabinda banned 17 religious sects for not
being registered, for endangering lives with the unauthorized practice
of medicine on sect members, and for illegally setting up churches in
residences. No additional information was available at year's end.
Members of the clergy regularly used their pulpits to criticize
government policies. Church-based organizations, in particular the
ecumenical Inter-Church Committee for Peace in Angola (COIEPA), were
vocal in calling for peace and dialog between the Government and UNITA
until the April ceasefire. Members of the Catholic clergy also were
active in trying to facilitate talks between the Government and FLEC-
FAC in Cabinda.
While in general UNITA permitted freedom of religion in the areas
it controlled until the end of the war, persons who left UNITA-
controlled areas prior to the ceasefire revealed that the clergy did
not enjoy the right to criticize UNITA policies.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 did not respect these rights in
practice. A network of government security checkpoints throughout the
country interfered with the right to travel, and such checkpoints also
served as a principal source of income for many of the country's
security service personnel. Police routinely harassed refugees at
checkpoints. The Government routinely restricted access to areas of the
country that were deemed insecure or beyond the administrative
authority of the Government. Lack of security prevented persons from
transporting goods until the April 4 ceasefire. Since April increasing
stretches of previously inaccessible areas have been opened to transit.
Poor infrastructure and landmines were the principal obstacles to free
movement of persons throughout the country.
Extortion at checkpoints was routine in Luanda and pervasive on
major commercial routes. In July the Bishop of Uige spoke out against
ANP officers who systematically extorted residents at checkpoints on
roads linking surrounding municipalities with the provincial capital.
Police forcibly moved poor residents from central neighborhoods in
Luanda to outlying areas as part of urban revitalization programs (see
Section 1.f.).
Unlike in the previous year, there were no reports that the MPLA
attempted to restrict the ability of opposition deputies to travel
within the country.
Unlike in the previous year, there were no reports that police or
army members obstructed the movements of NGOs in the country.
Landmines were a major impediment to the freedom of movement. UNITA
used landmines primarily on roads and trails to disrupt transportation
and to control village populations. Government mining generally was
confined to strategic positions around towns for defensive purposes.
Estimates of the total number of landmines deployed throughout the
country ranged into the millions. Fear of injury and death from
landmines effectively imprisoned and impoverished entire communities.
There were 42 recorded deaths due to landmine explosions during the
year, and there were more than 80,000 persons who survived landmine
explosions (see Sections 1.g. and 5).
Unlike in previous years, the Government did not prohibit
journalists who were convicted of defamation from traveling outside of
the country (see Section 2.a.). Foreign journalists must obtain
authorization from the Ministry of the Interior to obtain access to
government officials or to travel within the country. After the April
ceasefire, media requests to travel to areas previously not controlled
by the Government were no longer denied.
The Government did not place restrictions on emigration and
repatriation; however, there were reports that immigration officials
harassed and extorted money from foreign businessmen.
The number of persons internally displaced by the conflict
increased during the year, largely as a result of forcible
resettlements. Family separations also increased markedly due to the
sudden and disorganized displacements. These population movements
combined with the disruption of agricultural work led to widespread
food shortages in rural areas. The ceasefire allowed access to
previously isolated areas suffering from famine. International
humanitarian agencies significantly boosted emergency feeding
operations to respond to the crisis.
The Ministry of Assistance and Social Re-Insertion (MINARS)
reported that there were more than 4 million IDPs in the country at the
peak of the humanitarian crisis, and in September the U.N. reported
that there were 1,269,303 confirmed IDPs and 4,440,056 reported IDPs in
the country. By year's end, the Government reported that at least 2.8
million people still were displaced. Many IDPs were returned refugees
from neighboring countries who were reintegrated into the country from
1994 to 1998. The majority of registered IDPs were located in Bie,
Huambo, and Malange provinces in the interior of the country. IDPs who
arrived from UNITA-controlled areas displayed signs of abuse and severe
malnutrition. MINARS has primary responsibility for IDPs and
implemented housing and resettlement programs; however, these efforts
remained inadequate. Conditions for IDPs continued to be difficult
throughout the year. In August the U.N. Office for the Coordination of
Humanitarian Affairs (OCHA) estimated that between 2 and 6 persons per
10,000 IDPs perished every day.
There were 120 IDP camps in the country, all of which were
accessible to humanitarian agencies at year's end, although some were
inaccessible prior to the April ceasefire with UNITA. International
humanitarian agencies confirmed 1.5 million IDPs in need of
humanitarian assistance and projected that the caseload would increase
to 1.9 million by the end of the year. A total of 314,494 UNITA family
members were included in the total that were registered for
humanitarian assistance in the family reception areas established under
the April 4 Luena Accord. IDPs continued to be harassed in camps;
however, unlike in previous years, there were no reports that IDPs
contributed labor or paid for building materials or water. There
continued to be reports that police officers and soldiers harassed IDPs
and denied them humanitarian assistance due to misappropriation by the
authorities who were stealing supplies. IDPs were conscripted forcibly
in both government- and UNITA-controlled areas until the end of the war
(see Section 1.f.).
Unlike in the previous year, there were no reports that local
leaders displaced populations suspected of UNITA sympathies into
villages that were located in the path of oncoming attacks.
Following the April ceasefire, provincial governments began the
relocation of IDPs. According to OCHA, as of December, approximately
1.1 million had returned home and approximately 10,000 persons left the
IDP camps every day. In 2001 MINARS gave provincial governments primary
responsibility for IDP resettlement and set forth guidelines to ensure
the safe, voluntary resettlement of IDPs to areas cleared of mines and
with access to water, arable land, markets, and state administration;
however, by year's end, there were reports of forced relocations of
IDPs to resettlement sites that did not meet the published standards.
There also were credible reports of government efforts to force IDPs to
leave camps and return home without respect to conditions at their
places of origin or even to MINARS' own standards. In one case in
October, the Government forcibly moved 18 families by FAA helicopter in
Moxico and confiscated their possessions.
As of June, the U.N. estimated that there were 435,000 Angolan
refugees in neighboring countries as a result of the conflict. The
largest number of them sought refuge in the DRC, with smaller numbers
fleeing to Namibia and Zambia. At year's end, Namibia's border was
open, and goods and people moved freely. According to the UNHCR, more
than 190,000 Angolan refugees were living in the DRC, some of whom
began returning to the country during the year. Spontaneous returns
began after the April ceasefire. The UNHCR estimated that more than
86,000 Angolan refugees returned spontaneously to the country by year's
end.
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 cooperated with the
UNHCR, and provided first asylum to refugees. An eligibility committee
to evaluate asylum claims met regularly to evaluate asylum requests.
According to UNHCR, the country had approximately 14,000 refugees, most
of whom were from the DRC.
In June a group of refugees in the country began petitioning for
better living conditions and more legal protections. The refugees
complained that they were not given appropriate identity documentation.
They also accused the Government of not keeping its promise to provide
land and building materials after the refugees were moved by the
Government in 2001. After they had camped in front of the UNHCR's
Luanda office for 5 months, the police moved them to a nearby refugee
camp in November.
There were reports of the illegal detention of refugees after they
attempted to hold a demonstration (see Section 2.b.).
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 all adult citizens with the right to
choose the President of the Republic and deputies in the 220-seat
National Assembly by secret ballot in direct multiparty elections;
however, in practice citizens have no effective means to change their
government. The Constitutional Committee of the National Assembly
continued to work on a new constitution and a new electoral law. After
a 5-month suspension of debate, the Government and UNITA concluded an
agreement in December resolving the impasse over what system of
government would be adopted. Opposition political parties criticized
the deal for not including their input. Despite its previously stated
intentions to schedule elections during the year, the Government
postponed elections until at least 2004 and some government officials
have suggested 2005. Opposition parties complained of harassment and
intimidation by the Government.
Under the April 4 Luena Accord, UNITA began the transition to a
demilitarized opposition political party; however, it struggled to
unify members who stayed in Luanda after the resumption of war in 1998
and UNITA-Renovada faction leaders with those leaders who fought with
Savimbi until his death in February. The Government complicated
reunification by continuing to recognize the tiny Renovada faction as
the official UNITA party and providing it with material support, even
thought it represented only a small number of UNITA supporters. The
Luena Accord provided for the conclusion of the final political tasks
of the Lusaka Protocol, including the naming of UNITA officials to
government ministries, provincial governorships, and ambassadorial
posts.
The President is elected by an absolute majority. If no candidate
wins such a majority, a runoff must take place 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 was concentrated in the President and other members of
the Council of Ministers, through which the President exercised
executive power. The Council can enact decree-laws, decrees, and
resolutions, thereby controlling most functions normally associated
with the legislative branch. Although the Constitution establishes the
position of Prime Minister, the President dismissed the Prime Minister
during the MPLA Party Congress in 1998, assumed the position himself by
decree, and held it for 4 years. In December the President named
Interior Minister Fernando Dias dos Santos ``Nando'' the Prime
Minister. Since its inception, the National Assembly has served as a
rubber stamp for the Council of Ministers. While opposition deputies
held approximately 43 percent of National Assembly seats and
substantive debates sometimes took place, few mechanisms existed to
check the power of the MPLA majority or defeat legislation supported by
the executive branch. Laws passed during the year, such as the Law on
State Secrecy and the Law on National Security, further strengthened
executive authority and limited legislative oversight (see Section
2.a.).
Immediately after independence, the country's competing
independence movements began a civil war, which lasted until the
signing of the Bicesse Accords in 1991 that legalized opposition
parties. The 1992 elections were the first multiparty democratic
elections in the country's history; they were conducted with U.N.
supervision and financial support. MPLA president Jose Eduardo Dos
Santos won a plurality of votes cast (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 conditions exist.
The present government was formed in 1997 after 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. UNITA governors, vice governors, and local
administrators were nominated, but the remaining positions were filled
by members of a splinter UNITA group, UNITA-Renovada, which was
recognized and assisted by the Government. The National Assembly
promulgated a special status for Savimbi, declaring him to be 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. In 1999 the Government declared
Savimbi a war criminal and issued a warrant for his arrest. After
almost 3 years of intense counterinsurgency operations by government
forces, on February 22, Savimbi was killed in battle with FAA troops in
Moxico. On April 4, the remaining UNITA forces in the field signed the
Luena Accord with the Government, which provides for the
demilitarization of UNITA and the resumption of the Lusaka peace
process. Under the ceasefire agreement, the Joint Commission, composed
of the Government and UNITA, with oversight provided by the U.N. and
Troika nations (United States, Russia, and Portugal), was to resolve
the remaining tasks outlined in the Lusaka Protocol, including a final
determination to cancel the runoff presidential election. Between
September and November the Joint Commission met several times and
agreed on the completion of the Lusaka and Luena provisions.
Opposition parties complained of harassment and intimidation by the
Government. There were reports of localized harassment of individuals
who were not members of the ruling party, particularly after increased
UNITA military activity; these reports ceased after April. Unlike in
previous years, there were no reports that members of the MPLA beat or
detained UNITA-Renovada members. In the transition of official
recognition from UNITA-Renovada to UNITA after the April ceasefire,
there were reports that UNITA-Renovada offices were vandalized by UNITA
supporters as part of intra-UNITA factional strife.
There were no legal barriers to the participation of women in the
political process; however, women were underrepresented in government
and politics (see Section 5). There were 35 women in the 220-seat
National Assembly, and there were 10 women in the 83-member Cabinet,
including 3 ministers.
Section 4. Governmental Attitudes Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government does not prohibit independent investigations of its
human rights abuses; however, it failed to cooperate and often used
security conditions as an excuse to deny access to affected areas.
There were more than 100 international and approximately 34
domestic NGOs operating in the country. Local NGOs actively promoted
human rights during the year by documenting and exposing prison
conditions and providing free legal counsel. In December a new
organization called the Ad-Hoc Commission on Human Rights in Cabinda,
which emerged from the civil society umbrella organization Coalition
for Reconciliation, Transparency and Citizenship (RTC), released its
first report detailing human rights violations in Cabinda (see Section
1.g.). While some expanded political freedom enabled some local NGOs to
investigate previously sensitive issues, the Government continued to be
suspicious of local NGOs receiving international support. During the
year, the Ministry of Justice blocked the registration of the AJPD by
continuing not to respond to its application (see Section 2.b.). The
AJPD continued to await responses from the Supreme Court and the
Ministry of Interior's Director of Prison Services on longstanding
requests for the list of active judges and the number of prisoners in
the justice system, respectively.
Several international organizations have a permanent presence in
the country, including the International Committee of the Red Cross
(ICRC) and the U.N. Human Rights Division. Human Rights Watch (HRW)
visited the country during the year and joined with AJPD to release a
report on the protection of human rights of the country's IDPs. The
Government consistently criticized HRW's statements about the country.
Unlike in the previous year, there were no reports that FAA,
police, or UNITA forces harassed NGO workers during the year.
Human rights organizations had increased access to the country
following the April ceasefire. During the year, U.N. humanitarian
activities increased operations significantly in response to an acute
food security and IDP crisis (see Sections 1.g. and 2.d.). Also, a new
UNMA was established to oversee the peace process and the final
implementation of the Lusaka Protocol as set forth in the April 4 Luena
Accord (see Section 3).
Section 5. Discrimination Based on Race, Sex, 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, ideology, degree of education, or
economic or social condition. The Government did not have the ability
to enforce these provisions effectively.
Women.--Violence against women was widespread. Credible evidence
indicated that a significant proportion of homicides were perpetrated
against women, usually by spouses. The Ministry of Women and Family
dealt, in part, with violence against women. The Government continued
its project to reduce violence against women and improve the status of
women. Domestic violence was prosecuted under rape and assault and
battery laws. Rape is defined as a forced sexual encounter and is
punishable by up to 8 years in prison; the law treats sex with a minor
under the age of 12 as nonconsensual. However, an inadequate judicial
system obstructed investigation and prosecution of such cases.
In July HRW and AJPD accused government forces of raping women and
practicing sexual slavery in areas of counterinsurgency operations. The
December report by the Ad-Hoc Commission on Human Rights in Cabinda
alleged that government forces raped several women and girls. UNITA
also was accused of rape and abducting women as porters and sexual
slaves; however, there were no such reports after the April ceasefire
(see Sections 1.g. and 6.c.).
Sexual harassment was a problem, which was publicized in the
official media. There is no specific legal provision regarding sexual
harassment; however, such cases could be prosecuted under assault and
battery and defamation statutes.
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 dated to colonial times and included discriminatory
provisions against women in the areas of inheritance, property sales,
and participation in commercial activities. There were no effective
mechanisms to enforce child support laws, and women carried the
majority of responsibilities for raising children. Due to poor economic
conditions, an increasing number of women engaged in prostitution. The
law provides for equal pay for equal work; however, in practice women
rarely were compensated equally with men. Some women held senior
positions in the armed forces (primarily in the medical field) and
civil service, but women mostly were 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 persons with
disabilities, as 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 was entitled to 50
percent of the estate with the remainder divided equally among
legitimate children.
A series of national conferences on women's rights continued during
the year, partially funded by foreign donors, and produced 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.
Children.--Approximately 50 percent of the population was believed
to be under the age of 15; however, the Government continued to give
little attention to children's rights and welfare. The Ministry of
Education barely functioned due to a lack of resources and corrupt
administration. Private religious, community, or corporate groups have
been unable to fill this vacuum.
Although primary and secondary education was free and compulsory
until the sixth grade, students often had to pay significant additional
expenses. Although primary education was compulsory, there were not
enough schools, and many children had to work to support their
families. Teachers were chronically unpaid and often demanded
unofficial payment or bribes from students. During the year, teachers
engaged in strikes in Benguela, Huila, and Namibe provinces. The
enrollment rate of school-age children was 40 percent; however, while
55 percent of children 5 to 14 years of age were in school, only 30
percent of children remained in school after grade 5. There was a
significant gender gap in the enrollment rate, favoring boys over
girls. More than 1 million children were estimated to be out of school,
with no prospect of integrating them into the education system. Most of
the educational infrastructure was damaged and lacked basic equipment
and teaching materials. Only 42 percent of the population was literate,
and the illiteracy rate for women was almost twice that of men.
The Government has not brought any significant numbers of children
into the armed forces since the 1996-97 demobilization campaign;
however, some children reportedly continued to be recruited as a result
of the absence of civil registration and the inability to prove dates
of birth. There continued to be reports of forced recruitment of
children in the provinces until the April ceasefire. There were
credible reports that UNITA often forcibly recruited children as young
as 10 years of age into its armed forces.
Children often were victims in the civil war. Local NGOs estimate
that 100,000 children were abandoned or orphaned as a result of the
war, and malnutrition was a problem. During the year, MINARS trained
1,070 child protection monitors who assisted 43,000 children that were
separated from their families. Government and UNITA forces killed,
kidnaped, and injured children during attacks until the end of the war
(see Sections 1.a., 1.b., and 1.c.). Landmine explosions killed and
injured children at an increasing rate. According to INAROEE, out of a
total of 660 landmine accidents in 2001, 105 involved children under
the age of 18.
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 were so poor that the majority
of homeless children preferred to sleep on city streets. Street
children shined shoes, washed cars, and carried water, but many
resorted to petty crime, begging, and prostitution in order to survive.
The Government-sponsored National Institute for Children was
established to enforce child protection, but it lacked the capacity to
work effectively with international NGOs. The Institute reported that
in a sample from Catchiungo, the number of street children assisted by
the Institute doubled from 7,890 in 2000 to 14,000 in 2001 and that
more than 90 percent of these children suffered from malnutrition. The
Government publicized the problems of street and homeless children
during the year.
There were reports of trafficking in children and child
prostitution (see Section 6.f.).
There were no active domestic private children's rights advocacy
groups; however, several international organizations promoted
children's rights in the country.
Persons with Disabilities.--The number of persons with physical
disabilities included more than 80,000 disabled landmine survivors.
While there was no institutional discrimination against persons with
disabilities, the Government did little to improve their physical,
financial, or social conditions. There is no legislation mandating
accessibility for persons with disabilities in public or private
facilities, and, in view of the degradation of the country's
infrastructure and high unemployment rate, it was difficult for persons
with disabilities to find employment or participate in the education
system.
Indigenous People.--The population included 1 to 2 percent of
Khoisan and other linguistically distinct hunter-gatherer tribes
scattered through the provinces of Namibe, Cunene, and Cuando Cubango.
There was no evidence that they suffer from official discrimination or
harassment, but they did not participate actively in the political or
economic life of the country, and they had no ability to influence
government decisions concerning their interests.
There continued to be lack of adequate protections of the property
rights of traditional pastoral indigenous communities. In July the
Government published a draft land tenure law for public comment that it
claimed would increase protection of indigenous community land
ownership. In response to requests from civil society groups for more
time to review the legislation, the Government extended the public
comment period until November. The legislation was pending at year's
end. During the year, as part of a government project, with assistance
from the U.N. Food and Agriculture Organization, 10 leases of 45-year
duration were given to pastoral communities in Bengo and Huila
provinces.
National/Racial/Ethnic Minorities.--Years of war and internal
dislocation have produced substantial integration of ethnic and
linguistic groups, particularly in the coastal areas, where as much as
half of the population resided. The largest ethno-linguistic group,
approximately 40 percent of the country's population, is Ovimbundu,
whose traditional region includes much of the south-central part of the
country. Although the Ovimbundu formed the base for UNITA, there was
little evidence of systematic discrimination against them by the
Government or other groups. Other important ethno-linguistic groups
include the Bakongo in the north; Kimbundu in the north-central area;
and Chokwe in the extreme eastern part of the country. The coastal
population centered in Luanda and, to a lesser extent, Benguela-Lobito,
predominantly speaks Portuguese as a first language. The Portuguese-
speaking group included a large minority of ``Mesticos'' of mixed
European and African ancestry and a small, white, predominantly
Portuguese-descended population. In addition, approximately 30,000
Portuguese citizens lived in the country, forming the bulk of the
nonrefugee expatriate community.
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 did not respect these rights
consistently in practice. The Government dominated the National Union
of Angolan Workers (UNTA), which was the labor movement affiliated with
the ruling MPLA party; however, there were two independent unions, the
General Center of Independent and Free Labor Unions of Angola (CGSILA)
and the small Independent Union of Maritime and Related Workers (SIMA).
There continued to be division and legal suits between member unions of
CGSILA over accusations of administrative malfeasance. There was no
further information regarding members of CGSILA being fired for
recruiting members of UNTA to join the union. CGSILA had a membership
of approximately 50,000 members, and UNTA claimed to have more than
400,000 members. The law requires that the Government recognize labor
unions. Nevertheless, SIMA encountered difficulty with provincial
government authorities in registering branch associations and
organizing dock and rig workers (see Section 2.b.). 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 was the 60 percent formal sector
unemployment rate.
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 were
required to reinstate workers who have been fired for union activities.
In practice the judicial system was not capable of defending or
prepared to enforce these rights.
Unions have the right to affiliate internationally. CGSILA
cooperated with the American Federation of Labor-Congress of Industrial
Organizations (AFL-CIO) and participated in the International Labor
Organization (ILO). Individual trade unions maintained relations with
counterpart unions in other countries.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for the right to organize and for collective
bargaining; however, the Government did not respect those rights in
practice. The Government did not facilitate a positive environment for
constructive labor management negotiations. The Government dominated
the economy through state-run enterprises. The Ministry of Public
Administration, Employment, and Social Security set wages and benefits
on a semi-annual basis (see Section 6.e.).
The Constitution provides for the right to strike. Legislation
passed in 1991 provides the legal framework for strikes, and strictly
regulates them. The law prohibits lockouts and worker occupation of
places of employment and provides protection for nonstriking workers.
It prohibits strikes by armed forces personnel, police, prison workers,
and fire fighters. The law does not prohibit effectively employer
retribution against strikers. The law permits the Government to force
workers back to work for breaches of worker discipline and
participation in strikes. Small strikes over wages took place, mainly
in the construction sector, during the year. Teachers also engaged in
strikes during the year (see Section 5).
In July 2001, 190 employees of the oil services company WAPO-Angola
went on strike demanding better wages. Management refused to negotiate
and fired the workers. In September 2001, the workers sued the company,
and in July a judgement in favor of the workers was announced. The
court instructed WAPO to reinstate the workers and pay all salaries in
arrears for the period of time the case was in court. WAPO claimed that
it would face financial ruin and refused to pay or reinstate the
workers. After 30 days, the workers asked the court to liquidate the
company if they were not reinstated. In September WAPO agreed to pay
and reinstate the striking workers, and the workers were paid and
reinstated in October.
SIMA continued an organized protest that began in October 2000. The
employing company, Angonave, subsequently was declared bankrupt and put
in receivership under court supervision. SIMA members continued to
maintain a vigil at the facility to demand severance compensation. No
such compensation was provided by year's end. Participants in the vigil
reportedly were subject to government harassment.
In October the university professors' union, a member union of
CGSILA, staged a strike at Agostino Neto University over salaries. The
Ministry of Education and university administration reached agreement
with the professors' union after 2 weeks (see Section 2.b.).
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, the Government was
unable to enforce these provisions effectively. In addition, the law
permits the Government to force workers back to work for breaches of
worker discipline and participation in strikes, and it has been cited
by the ILO as an example of forced labor in violation of ILO
conventions. There were reports that the FAA forcibly conscripted
persons until the end of the civil war with UNITA in April. There also
were independent media reports of a prison director in Huambo using
prisoners as laborers in his house.
UNITA forces regularly abducted children for military service and
other forms of forced labor (see Sections 1.b., 1.f., and 5). UNITA
depended on forced labor for much of its logistical support. Refugees
and IDPs reported that rural women frequently were forced to work as
porters for UNITA military units and kept in life-threatening
conditions of servitude. There were reports that UNITA troops sexually
assaulted these women; however, there were no such reports after the
April ceasefire.
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, and
children under 16 years of age are prohibited from factory work;
however, these provisions generally were not enforced. The Inspector
General of the Ministry of Public Administration, Employment, and
Social Security was responsible for enforcing labor laws. Although
child labor law enforcement was under the jurisdiction of the courts,
in practice, the court system did not provide adequate protection for
children. Child labor violations were punishable with fines and
restitution. There was no formal procedure for inspections and
investigations into child labor abuses outside of the family law
system, although private persons could file claims for violations of
child labor laws. The Ministry maintained employment centers where
prospective employees registered, and the center screened out
applicants under the age of 14; however, many younger children worked
on family farms, as domestic servants, and in the informal sector as
street vendors. Family-based child labor in subsistence agriculture was
common. Children under 12 years of age worked for no reimbursement for
their families and in apprenticeships. Poverty and social upheavals
brought large numbers of orphaned and abandoned children, as well as
runaways, into unregulated urban employment in the informal sector.
Children were abducted by UNITA forces for forced labor during the
war (see Section 6.c.).
e. Acceptable Conditions of Work.--In December the minimum wage was
set by the Ministry of Public Administration, Employment, and Social
Security at the equivalent of $50 (3,000 Kwanza) per month to be
adjusted for inflation every 6 months. This standard existed
previously; however, the Government did not enforce it. Many urban
workers earned less than $20 (1,200 Kwanza) per month. Neither the
minimum wage nor the average monthly salary, which was estimated at $40
to $150 (2400 to 9000 Kwanza) per month, were sufficient to provide a
decent standard of living for a worker and family. As a result, most
wage earners held second jobs or depended on the informal sector,
subsistence agriculture, corruption, or support from abroad to augment
their incomes. The Government reformed the national system of setting
the minimum wage by pegging it to inflation and adjusted the rate
quarterly during the year. Employees receiving less then the legal
minimum wage have the right to seek legal recourse; however, it was
uncommon for workers to do so.
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 situations without jeopardizing their continued employment.
Foreign workers (legal or illegal) were not protected under the
labor law. They received legal protection if they worked under
contract, otherwise they received protection only against criminal
acts.
f. Trafficking in Persons.--The Constitution prohibits human
bondage; however, no laws exist to combat trafficking in persons, and
there were reports of trafficking.
An international NGO that worked with street children estimated in
2001 that there were 500 to 1,000 underage prostitutes in Luanda. There
are no laws that specifically prohibit child prostitution; however,
child prostitution is prohibited by a general criminal statute. The age
of sexual consent is 12 years, and sexual relations with a child under
12 years of age is considered rape. Sexual relations with a child
between the ages of 12 and 17 can be considered sexual abuse. All
pornography is prohibited statutorily. The Ministry of Family and
Women's Affairs enforced and oversaw special family courts, and the
National Institute for Assistance to Children had daily responsibility
for children's affairs. The Ministry of Justice continued its campaign
to register children and provide them with identity papers and protect
them against potential trafficking. In November the Ministry of Justice
announced that more than 1.5 million children had been registered since
August 2001-one half of the initial goal. In December there were
international reports that Angolan children residing in Portugal were
trafficked to the United Kingdom for exploitation. There were
unconfirmed local reports that some of the children involved actually
were trafficked from Angola.
Until the end of hostilities in April, there continued to be
allegations that UNITA abducted persons, including children, for forced
labor, and abducted women for use as sex slaves. There were reports
that the Government forcibly recruited persons for military service
(see Section 1.f.). There also were credible reports that UNITA
forcibly recruited children into its military (see Section 5).
__________
BENIN
The Republic of Benin is a constitutional democracy headed by
President Mathieu Kerekou, who was inaugurated in April 2001, after
elections that observers generally viewed as free but not entirely
fair. There were 19 political parties represented in the unicameral,
83-member National Assembly. The March 1999 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. The Government generally respected the constitutional provision
for an independent judiciary; however, the executive has important
powers in regard to the judiciary, and the judiciary was inefficient
and susceptible to corruption at all levels.
The civilian-controlled security forces consisted of the armed
forces, headed by the State Minister in charge of Defense Matters, and
the police force under the Ministry of Interior, Security, and
Decentralization. The Ministry of Defense supervised the Gendarmerie,
which exercised police functions in rural areas, while the Ministry of
Interior supervised other police forces. The armed forces continued to
play an apolitical role in government affairs despite concerns about
lack of morale within its ranks and an ethnic imbalance within the
forces. Members of the police committed some human rights abuses.
The country was extremely poor with average yearly per capita
income below $400; its population was approximately 6.5 million. The
economy was based largely on subsistence agriculture, cotton
production, regional trade (including transshipment of goods to
neighboring countries), and small-scale offshore oil production. The
Government has maintained the austerity program; continued to privatize
state-owned enterprises; reduced fiscal expenditures; and deregulated
trade. The Government estimated the growth rate at 5 percent for the
year; however, approximately 2 percent of this growth can be credited
to major infrastructure projects, such as road construction, that were
funded by foreign aid.
The Government generally respected the human rights of its
citizens; however, there were problems in several areas. There were
credible reports that police sometimes tortured and beat suspects, and
at times the authorities arbitrarily arrested and detained persons.
During the year, some local authorities at time restricted freedom of
assembly and police forcibly dispersed demonstrations. The most serious
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; violence and societal discrimination against women; and
trafficking and abuse of children. The practice of female genital
mutilation (FGM) and, to a lesser extent, infanticide also remained
problems. Child labor, including forced and bonded child labor,
continued to be a problem. Trafficking in persons was a problem. Benin
was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
There was no action taken against the persons responsible for the
deaths of three prisoners during the May 2000 riot at the Lokossa
prison (Mono department).
In March and June, there were reports that unidentified persons
attacked and killed Fulani in the Zou (west) and Alibori (north)
regions.
During the year, incidents of mob justice continued to occur
nationwide. Most often these were cases of mobs killing or severely
injuring suspected criminals, particularly thieves caught in the act.
For example, in October a mob set fire to a man who allegedly attacked
a motorbike taxi driver in Calavi. In the same month in a Cotonou
suburb, a mob beat to death two men who allegedly stole a woman's purse
(firefighters prevented the mob from burning the two bodies). 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, and police most often ignored
vigilante attacks. However, in January vigilante leader ``Colonel
Devi'' was arrested in the southwest (Couffo) region following the
November 2001 killing of two persons at his home. He was taken to a
prison in the northeastern region, where he remained confined awaiting
trial at year's end.
There was no known action taken against the persons responsible for
the following 2001 mob killings: The April burning to death in Bante
sub-prefecture of a suspected sorcerer and an accused thug, and the 10
reported incidents in November in which mobs in several sections of
Cotonou attacked persons, killing at least 5, who allegedly had
committed ritualistic ``thefts'' of children and of body parts.
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 and tortured criminal
suspects. In February the nongovernmental organization (NGO), Human
Rights League (HRL), claimed that police or military agents had beaten
and tortured taxi driver Togbe Kuassi Mensah and businessman Patrice
Doko for their expressions of political opinion. HRL insisted that a
National Hospital physician had signed a medical certificate attesting
to Mensah's injuries. After an investigation, the Ministry of Justice
concluded the allegations were baseless, and no further action was
taken by year's end.
There were no further developments in the case of the March 2001
police attack on National Assembly Deputy Valentin Somasse.
Although the Government continued to make payments to victims of
torture under the military regime that ruled from 1972 to 1989, not all
victims were paid by year's end. In 2001 a commission within the
Justice Ministry was assigned to look into nonpayment; however, no
further action was taken by year's end.
Mob justice resulted in serious injuries to a number of persons
(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 was seriously inadequate;
malnutrition and disease were common. Family members were expected to
provide food for inmates to supplement prison rations.
Women were housed separately from men; however, juveniles at times
were housed with adults. Pretrial detainees were held with convicted
prisoners; however, they were not held with the most violent convicts
or those subject to the death penalty. Prisoners were allowed to meet
with visitors such as family members, lawyers, and others.
According to the Justice Ministry, the country's 8 civil prisons
have a collective capacity of approximately 5,000 persons; however, the
prisons at times were filled to more than 3 times their capacity. The
prison in Natitingou (in Atacora province) was the only one of eight
prisons nationwide below full capacity. While delayed due to funding
problems, a new 1,000-person prison still was under construction in
Akpro-Misserete (Oueme department) at year's end. On the eve of the
August 1 Independence Day holiday, the Government granted partial
amnesty or modified the sentences of some prisoners convicted of minor
crimes, such as petty theft.
The Government permitted prison visits by human rights monitors,
and NGOs continued their prison visits. In December the Benin
Commission for Human Rights (CBDH) made unannounced visits to several
prisons.
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 much as a week, using the common
practice of holding a person indefinitely ``at the disposition of'' the
public prosecutor's office before presenting their case to a
magistrate. Approximately 75 percent of persons in prison were pretrial
detainees.
The Constitution prohibits forced exile of citizens, and it was not
practiced.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the executive branch has important
powers in regard to the judiciary, and the judiciary remained
inefficient in some respects and was susceptible to corruption at all
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 resulted in a slow administration of justice. The low salaries
of magistrates and clerks had a demoralizing effect on their commitment
to efficient and timely justice and made them susceptible to
corruption.
A civilian court system operated on the national and provincial
levels. There was only one court of appeals. The Supreme Court was the
court of last resort in all administrative and judicial matters. The
Constitutional Court was charged with deciding on the constitutionality
of laws, disputes between the President and the National Assembly, and
disputes regarding presidential and legislative elections. Its rulings
in past years against both the executive and legislative branches,
which were respected by both branches, demonstrated its independence
from both these branches of government; however, it was accused of bias
in favor of the President during the 2001 presidential elections (see
Section 3).
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. Under the Constitution, the High Court is
to consist of members of the Constitutional Court (except for its
president), six deputies elected by the National Assembly and the
Supreme Court, and the Chairman of the Supreme Court. The first members
of the High Court of Justice were sworn in and began serving their
terms in 2001. Inefficiency and corruption particularly affected the
judiciary at the trial court and investigating magistrate levels.
Military disciplinary councils deal with minor offenses by members of
the military services, but they 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 provided 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 were 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. Defendants who were
awaiting a verdict may request release on bail; however, the courts
granted such requests only on the advice of the Attorney General's
office.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. Police
were required to obtain a judicial warrant before entering a private
home, and they usually observed this requirement in practice. In 2000
the Government, namely the former Managing Director of the Office of
Post and Telecommunication, denied charges of wiretapping involving
former President Soglo. The National Assembly began an investigation in
2001; however, no results were released publicly 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 generally
respected these rights in practice. The Government entity with
oversight responsibility for media operations was the High Authority
for Audio-Visual Media and Communications (HAAC), which required
broadcasters to submit weekly lists of planned programs and required
publishers to deposit copies of all publications with it; however, the
media did not comply with these requirements in practice.
The law provides for sentences of imprisonment involving compulsory
labor for certain acts or activities related to the exercise of the
right of free expression; however, there were no reports that
journalists or others have been imprisoned.
There was a large and active privately owned press composed of more
than a dozen daily newspapers. These publications criticized the
Government freely and frequently, but the effect on public opinion was
limited because of their urban concentration. A nongovernmental media
ethics commission (ODEM) continued to censure some journalists for
unethical conduct during the year, as well as commending some
journalists for adherence to the standards of their profession.
Privately owned radio and television stations have become
increasingly popular sources of information. Programs critical of the
Government were broadcast without interference during the year, and
``call-in'' and other talk shows often were used for public discussion
of topics related to the December municipal election campaign. On
November 19, the HAAC published the media regulations for the municipal
election campaigns. It designated which radio and television outlets
were allowed to cover the elections and indicated the geographical
locations in which they will be permitted to operate. The HAAC also set
the official radio advertising fees for the campaign.
The Government continued to own and operate the media that were
most influential in reaching the public because of broadcast range and
infrastructure. The majority of citizens were illiterate and live in
rural areas; they largely received their news via radio. The Benin
Office of Radio and Television (ORTB) transmitted on the FM and AM
frequencies and by short wave in French and local languages. Radio
France International also transmitted on a local FM frequency under an
agreement with the Government. The British Broadcasting Corporation
broadcast in Cotonou in French and English. Fifteen rural radio
stations governed by local committees broadcast several hours a day
exclusively in local languages. These stations received support from
the ORTB.
A similar arrangement existed for television transmissions; the
ORTB broadcast more than 12 hours per day on a signal that was easily
received in urban areas. Approximately 80 percent of the ORTB's
television programming was 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 privately owned television station,
LC-2, broadcast in Cotonou. LC-2 was owned by several private
businesspersons and featured light entertainment and news; however,
news coverage generally required payment. Although neither television
station broadcast partisan programs in support of, or unduly critical
of, the Government, the vast majority of news programming centered on
government officials' activities, government-sponsored conferences, and
international stories provided by French television or other foreign
sources.
HAAC regulations govern satellite reception equipment and movie and
video clubs. Regulations govern private video clubs, which typically
met at members' homes and required a payment of $.07 (50 CFA francs)
per viewer per film. These regulations, issued by the Ministries of
Culture and Interior, imposed an initial registration fee of
approximately $137 (100,000 CFA francs) per club and annual fees of
approximately $14 (10,000 CFA francs) thereafter. Given the
Government's limited law enforcement resources, enforcement of the
regulations was problematic.
Internet service was available in cities; there were no
governmental restrictions on its use.
The Government did not restrict academic freedom. University
professors were 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
respected this right in practice; however, during the year, local
government officials at times restricted this right. The Government
requires permits for use of public places for demonstrations and
generally granted such permits; however, during the year, the new mayor
of Cotonou, Jerome Dandjinou, refused to allow demonstrations and
marches by students, the opposition political party Renaissance du
Benin (RB), and labor unions. In April and May, the RB party attempted
protest marches; however, the police forcibly dispersed them with tear
gas. The Mayor claimed he only was trying to ``discourage civil
unrest.'' In August he refused to permit a demonstration by HRL members
protesting a new tax on motorbike taxis. Nevertheless, the HRL
attempted to march, and the police forcibly dispersed them.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. The Government
requires associations to register and routinely granted registrations.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Persons who wish to form a religious group must register with the
Ministry of the Interior. Registration requirements were identical for
all religious groups. There were no reports that any group was refused
permission to register or was subjected to unusual delays or obstacles
in the registration process. Religious groups were free from taxation.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, the presence of police, gendarmes, and illegal roadblocks
impeded domestic movement. Although ostensibly meant to enforce
automotive safety and customs regulations, many of these checkpoints
served as a means for officials to exact bribes from travelers. The
Government maintained previously implemented measures to combat such
corruption at roadblocks; however, they were not always effective and
extortion occurred.
The Government did not restrict international travel for political
reasons, and those who travel abroad may return without hindrance.
However, during the year, the Government imposed documentary
requirements for minors travelling abroad as part of its continuing
campaign against trafficking in persons (see Section 6.f.).
The Government's policy toward the seasonal movement of livestock
allowed migratory Fulani herdsmen from other countries to enter freely;
the Government did not enforce designated entry points. Disputes arose
between the herdsmen and local landowners over grazing rights.
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 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. During the year, a number of citizens of Togo continued to
enter the country and were granted refugee status or given first
asylum; however, many returned to Togo. As of December 2001, there were
1,182 Togolese refugees in the country and a total of 1,921 Togolese
living in the country under UNHCR auspices. Despite severe economic
pressures that limited its ability to provide education for children,
the Government allowed these Togolese to enroll their children in local
schools and permitted their participation in some economic activities.
As of December 2001, the Government had accepted 1,186 refugees and
asylees from the Democratic Republic of the Congo (DRC) and 486 others
were destined for eventual resettlement in another country.
In contrast the UNHCR estimated that 250 Ogoni refugees from
Nigeria were at a disadvantage because they did not speak French and
could not work nor could their children attend schools. UNHCR officials
directed them to remain within the confines of the Kpomasse refugee
camp to avoid potential confrontations with local inhabitants and
maintained administrative control over their activities.
In addition, there were fewer refugees from Algeria, Burundi,
Cameroon, the Central African Republic, Chad, the Republic of Congo,
the DRC, Ethiopia, Liberia, Niger, Nigeria, Rwanda, Sudan, and Sierra
Leone. The UNHCR estimated that, as of December 2001, there were 5,021
refugees of various nationalities in the country and that approximately
2,300 persons residing in the country were requesting asylum.
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 generally fair elections held on the basis
of universal suffrage. Citizens exercised this right in the 2001
presidential elections; however, observers generally viewed the
presidential elections as free but not entirely 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).
President Kerekou was inaugurated in April 2001. Observers viewed
the reelection of Kerekou as free but not entirely fair because of the
apparent judicial manipulation of the presidential electoral counts,
the intimidation of opposition deputies, and the unprecedented scope of
the campaign expenditures made by the President's coalition. When
opposition candidates challenged the preliminary, first-round
presidential vote tallies, the Court initially affirmed those results
despite the electoral commission's concession that computer failures
and other irregularities made those tallies unreliable. Following
extensive public criticism, the Court reviewed the evidence in more
detail, modified the tallies, and gave some of the numerous opposition
candidates marginally higher total votes. President Kerekou, who ruled
the country as a Socialist military dictator from 1972 to 1989,
succeeded his democratically elected predecessor in 1996 and continued
the civilian, democratic rule begun in the 1990-91 constitutional
process that ended his previous reign. There were 19 political parties
represented in the unicameral, 83-member National Assembly. The 1999
parliamentary elections, which were free, fair, and transparent,
resulted in significant gains by the opposition, notably the party of
former President 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 shifts between
opposition and progovernment forces. For example, the President of the
National Assembly was from an opposition party. The campaign for the
country's first ever municipal elections in December was marred by
charges by the opposition parties that the pro-Kerekou coalition
engaged in the same vote-buying and other improper election tactics,
which it also was alleged to have done in the 2001 presidential
elections. The opposition parties alleged fraud and forged voter cards
during the December 15 municipal elections and criticized the National
Election Commission's handling of the election; however, the opposition
won the majority of seats on the municipal councils in the large
cities.
Women participated actively in political parties. Following a
Cabinet reshuffle in 2001, there were 2 women in the 22-member Cabinet.
There were 6 women in the 83-member, unicameral National Assembly,
including the leader of the largest opposition party. The President of
the Constitutional Court was a woman.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, and sex,
but societal discrimination against women continued. Persons with
disabilities were disadvantaged.
Women.--Domestic violence against women, including wife beating,
was common. According to incomplete court statistics for Cotonou in
1999, only 35 criminal proceedings based on reports of violence against
women were ongoing at the end of 1999. The maximum penalty ranges from
6 to 36 months' imprisonment. NGO observers believe that women remained
reluctant to report cases. Judges and police also were reluctant to
intervene in domestic disputes; society and law enforcement considered
such cases to be an internal family matter.
The Government generally was unsuccessful in preventing FGM, which
was legal. FGM was practiced on females ranging from infancy through 30
years of age and generally took the form of excision. Surveys,
including one conducted by the World Health Organization in 1999,
reliably estimated that the number of women who had undergone FGM at
approximately 50 percent. A prominent NGO, the Benin chapter of the
Inter-African Committee, made progress in raising awareness of the
dangers of the practice, and the Government cooperated with its
efforts. According to recent research, there was a strong profit motive
in the continued practice of FGM by those who performed the procedure,
usually older women. The efforts of NGOs and others to educate rural
communities about the dangers of FGM and to retrain FGM practitioners
in other activities continued during the year. The press reported that
the number of girls and women undergoing FGM decreased significantly
each year since 1996. The NGO APEM believed that if the trend
continued, the practice could be eradicated by 2005.
Although the Constitution provides for equality for women in the
political, economic, and social spheres, women experienced extensive
societal discrimination, especially in rural areas where they occupied
a subordinate role and were responsible for much of the hard labor on
subsistence farms. In urban areas, women dominated the trading sector
in the open-air markets. By law women have equal inheritance and
property rights, but local custom in some areas prevented them from
inheriting real property.
The long-debated Family Code finally was approved by the National
Assembly in June. It was being reviewed by the Constitutional Court at
year's end. Critics called it a women's code and charged that it would
give women unfair advantages. The code strengthened the inheritance and
property rights for women, among other things; however, both opponents
and supporters considered that the legislation was only a first step
and that the code likely will be amended.
Children.--The Ministry of Labor and Social Affairs was responsible
for the protection of children's rights, primarily in the areas of
education and health. The National Commission for Children's Rights and
the Ministry of Family, Social Protection, and Solidarity had oversight
roles in the promotion of human rights issues with regard to children
and their welfare.
Education was free but not compulsory. In some parts of the
country, girls received no formal education. The Government was trying
to boost primary school enrollment, which was approximately 95 percent
of boys and approximately 66 percent of girls nationwide; only 26
percent of boys and only 12 percent of girls were enrolled in secondary
school. Girls did not enjoy the same educational opportunities as boys,
and female literacy was approximately 18 percent (compared with 50
percent for men). However, elementary school pass rates in recent years
highlighted significant progress by girls in literacy and scholastic
achievement.
There was a tradition in which a groom abducts and rapes his
prospective child bride (under 14 years of age). Criminal courts meted
out stiff sentences to criminals convicted of crimes against children,
but many such crimes never reached the courts due to lack of education
and access to the courts or fear of police involvement in the problem.
The Government, in concert with NGOs, made serious efforts to
combat child abuse and trafficking in children, including media
campaigns, programs to assist street children, greater border
surveillance, and a conference on trafficking (see Section 6.f.).
Following the April 2001 arrival of the Etireno, a ship reportedly
transporting trafficked children, the National Commission on Children's
Rights prepared an action plan to counter child trafficking. The plan
was presented to the Government and financing for it still was pending
at year's end. Despite such efforts, the abuse of children remained a
serious problem.
Some traditional practices inflicted 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 to avoid the burden the
child represents to the parental family. The children work, but the
arrangement was voluntary between the two families. There was a
considerable amount of abuse in the practice, and there were instances
of sexual exploitation. Approximately 90 to 95 percent of the children
in vidomegon were young girls. Children were sent from poorer families
to Cotonou and then some of the children were sent to Gabon, Cote
d'Ivoire, and Central African Republic to help in markets and around
the home. The child received living accommodation, while income
generated from the child's activities was split between the child's
parents in the rural area and the urban family that raised the child.
Following the Etireno incident, the Government renewed its analysis of
the impact of vidomegon (see Sections 6.c. and 6.f.). In March a 12-
year-old child living in vidomegon reportedly committed suicide because
of ill treatment. In June a woman reportedly beat to death a 6-year-old
child living in her household, then she returned the body to the
child's parents for burial.
FGM was performed commonly on young girls (see Section 5, Women).
Trafficking in children for purposes of forced labor or
prostitution in other countries, remained problems (see Section 6.f.).
Other traditional practices include the killing of deformed babies,
breech babies, and one of two newborn twins (all of whom were thought
to be sorcerers in some rural areas). There were numerous press reports
of infanticide during the year, and some NGOs were combining their
anti-infanticide efforts with programs to counter FGM.
Persons with Disabilities.--The Constitution provides that the
State should care for persons with disabilities; however, the
Government did not mandate accessibility for them. There were no legal
requirements for the construction or alteration of buildings to permit
handicapped access.
The Government operated a number of social centers for persons with
disabilities to assist their social integration. Nonetheless, many were
unable to find employment and resorted to begging to support
themselves.
The Labor Code includes provisions to protect the rights of workers
with disabilities, which was enforced with modest effectiveness during
the year.
National/Racial/Ethnic Minorities.--There was a long history of
regional rivalries. Although southerners were preeminent in the
Government's senior ranks, many prominent military officers came from
the north. During the year, new appointments reduced the imbalance. The
south has enjoyed more advanced economic development and traditionally
has held politically favored status.
During the 2001 presidential campaign, ethnic rivalries were
evident. Candidate Sacca Lafia, first vice-president of the National
Assembly, gave speeches urging his fellow northerners and members of
his own Bariba group to prepare to seize power from other groups.
President Kerekou, also a northerner, is a member of the Somba group
(see Section 3).
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 respected these rights in practice. The labor force
of approximately 2 million was engaged primarily 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 belonged to
labor unions, a much smaller percentage of workers in the private
sector were union members. There were several union confederations, and
unions generally were independent of government and political parties.
The Economic and Social Council, a constitutionally mandated body
established in 1994, included four union representatives.
The Labor Code prohibits employers from taking union membership or
activity into account regarding hiring, work distribution, professional
or vocational training, or dismissal; however there were reports of
individuals being dismissed for union activity. In 2001 the Brasseries
du Benin reportedly fired union leaders Rufin Domingo, Roger Loko, and
Jean Ahossi, and alleged their involvement in theft and distribution of
confidential accounting documents. There was no warning that they were
suspected of any such offense. The three were the General Secretary and
first and second Assistant Secretaries of the Syndicat National des
Ouvriers et Cadres, and they were dismissed on the day of union
elections at the company. The Government levies substantial penalties
against employers who refuse to rehire workers dismissed for lawful
union activities. Union leader Rufin Domingo brought his case before
the Labor Tribunal. His case was pending at year's end.
There were no known instances of efforts by the Government to
retaliate against union activity; however, the International
Confederation of Free Trade Unions alleged that hostility to trade
unions persisted and that union members were intimidated. A company may
withhold part of a worker's pay following a strike. Laws prohibit
employer retaliation against strikers, and the Government enforced them
effectively.
During the year, the mayor of Cotonou prohibited demonstrations by
labor unions (see Section 2.b.).
Unions may form freely or join federations or confederations and
affiliate with international bodies. The two major labor confederations
were affiliated with the Brussels-based Confederation Internationale de
Syndicats Libres. In October 2001, union members voted in
``professional elections'' for the federation or confederation that
each member would like as his or her labor representative. In March the
Government finally released the election results; many unions
criticized the unexplained delay. The Confederation Syndicale des
Travailleurs du Benin (CSTB), and Confederation des Syndicats Autonomes
du Benin (CSA-Benin) were declared the winners. The Government's
decision to certify CSTB and CSA-Benin as cowinners for the public and
the private sector contests drew heavy criticism.
b. The Right to Organize and Bargain Collectively.--The Labor Code
generally allows workers the freedom to organize and administer their
own unions. The Labor Code provides for collective bargaining, and
workers freely exercised these rights. Wages in the private sector were
set in negotiations between unions and employers. The Labor Code also
includes a section on the rights of workers with disabilities (see
Section 5). The Government sets wages in the public sector by law and
regulation.
Strikes were permitted; however, and the authorities can declare
strikes illegal for stated causes, such as threatening to disrupt
social peace and order, and can requisition striking workers to
maintain minimum services. Unlike in the previous year, there were no
reports that strikes were declared illegal. There were a number of
teachers' strikes during the year, which disrupted schools from the
primary through university levels.
Under the strike law of 2001, the Government can no longer prohibit
any strike on the grounds that it threatens the economy or the national
interest. The law also reduced the advance warning required before a
strike from 5 to 3 days.
Labor unions continued to oppose the Government's merit-based
promotion scheme. Unions also opposed a 1969 decree (which was still in
effect) permitting the Government to dock the wages of striking public
sector employees.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits
forced or bonded labor, including by children; however, the law
provides for sentences of imprisonment involving compulsory labor for
certain acts or activities related to the exercise of the right of free
expression. No such sentences were imposed during the year.
In addition, forced child labor was a problem (see Sections 5 and
6.f.). Some financially desperate parents indentured their children to
``agents'' recruiting farm hands or domestic workers, often on the
understanding that wages for the children would be sent to the parents.
According to press reports, in some cases, these agents took the
children to neighboring countries for labor (see Sections 5 and 6.f.).
The Government took steps to educate parents and to prevent such
placing of children in bonded labor. Also, many rural children were
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 (see Section 5). Host families did not always
honor their part of the bargain, and the abuse of child domestic
servants occurred. The Government has taken some steps to curb abuses,
including media campaigns, regional workshops, and public
pronouncements on child labor problems. In March government officials
from Benin and five other West African countries met with trade
unionists to discuss how they will work together to combat widespread
child labor and child trafficking in the region.
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 remained a problem. The Ministry of Labor enforced 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--continued to work
on rural family farms, in small businesses, on construction sites in
urban areas, in public markets, and as domestic servants under the
practice of vidomegon (see Section 5). A 2000 report estimated that 75
percent of apprentices working as seamstresses, hairdressers,
carpenters, and mechanics were younger than 15-years of age. A majority
of these apprentices were under the legal age of 14 for apprenticeship.
Children also commonly worked as street vendors.
Forced child labor was a problem (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 2000 the
Government raised the minimum wage to approximately $34 (25,000 CFA
francs) per month. However, the minimum wage did not provide a decent
standard of living for a worker and family. Many workers must
supplement their wages by subsistence farming or informal sector trade.
Most workers in the wage sector earned more than the minimum wage,
although many domestics and other laborers in the informal sector
earned less.
The Labor Code establishes a workweek of between 40 and 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
worked 70 hours or more per week. The authorities generally enforced
legal limits on workweeks in the modern sector. The code establishes
health and safety standards, but the Ministry of Public Service, Labor,
and Administrative Reform did not enforce them effectively. The law
does not provide workers with the right to remove themselves from
dangerous work situations without jeopardy to continued employment. The
Ministry has the authority to require employers to remedy dangerous
work conditions but did not enforce this authority effectively.
f. Trafficking in Persons.--Although no law specifically prohibits
trafficking in persons, the Government interprets its laws as
prohibiting trafficking in persons in general and in underage girls in
particular; however, there were reports of trafficking in children,
which continued to be the subject of considerable media coverage.
Longstanding provisions of the criminal code prohibit kidnaping. The
country was a source, transit, and destination for trafficked persons,
primarily children.
The Constitution and the law prohibit child prostitution; however
enforcement was not effective and frequently lax. Child prostitution
mainly involved young girls. They were from poor families who urged
them to become prostitutes to provide income for the family. They were
abused sexually by teachers who sought sex for better grades. They were
lured to exchange sex for money by older men who acted as their
``protectors.'' There were street children who became prostitutes to
support themselves. There were reports of sexual tourism and reports
that adult males preferred young girls because they were viewed as less
demanding and less likely to have HIV/AIDS. The Government organized
assistance to child prostitution victims and worked jointly with NGOs
and international organizations on prevention programs.
The Government publicized various arrests of potential traffickers;
however, there were no reports of subsequent legal action against the
alleged traffickers.
Internal trafficking of children within the country took place in
connection with the forced servitude practice called ``vidomegon,''
whereby poor, often rural, families place a child, primarily a
daughter, in the home of a more affluent family to avoid the burden the
child represents to the parental family. The children worked, but the
arrangement was voluntary between the two families (see Section 5).
Children were trafficked to Ghana, Nigeria, and Gabon for
indentured or domestic servitude, farm labor, and prostitution. In
addition, hundreds of children were taken across the border to Togo and
Cote d'Ivoire to work on plantations. Children from Niger, Togo, and
Burkina Faso have been trafficked to the country for indentured or
domestic servitude. Most victims leave home with traffickers who
promise educational opportunities or other incentives. Following a
child labor conference in 2000, it was reported in an ILO-IPEC report
``Combatting Trafficking in Children for Labor Exploitation in West and
Central Africa'' that 3,061 children were known to have been trafficked
in the country between 1995 and 1999. The ILO and UNICEF reported that
trafficking originated mainly in the depressed rural areas. UNICEF also
reported that trafficked persons originated primarily from the
country's southernmost provinces, those with the easiest access to the
paved coastal highway that links Cote d'Ivoire, Togo, Benin, and
Nigeria. UNICEF also indicated that girls were far more likely to be
trafficked than boys.
According to UNICEF, four distinct forms of trafficking occur in
the country. ``Trafic-don'' was the term given to a practice whereby
children were given to a migrant family member or stranger, who turned
them over to another stranger for vocational training or education.
``Trafic-gage'' was a form of indentured servitude, in which a debt was
incurred to transport the child, who was not allowed to return home
until the debt was repaid. ``Trafic-ouvier'' was the most common
variant, and it was estimated at to be 75 percent of the total traffic
of the three provinces UNICEF surveyed in 2000. This practice generally
involved children aged 6 years to 12 years, and they worked as
artisans, construction laborers, or agricultural or domestic workers.
Lastly, ``trafic-vente'' was simply the outright sale of children.
According to a survey of child labor conducted in 1999 by the
Government, the World Bank, and National Institute of Statistics and
Economics, 49,000 rural children, constituting 8 percent of the rural
child population between the ages of 6 and 16, work abroad, primarily
as agricultural workers on plantations in Cote d'Ivoire and as domestic
workers in Gabon. Only children who had been trafficked explicitly for
labor purposes were counted among the 49,000 children that were
estimated to be victims of trafficking. However, the children who left
``for other reasons'' may conceal an additional number of trafficked
children and bring the number close to 80,000. Of the trafficked
children, 61 percent were boys and 39 percent were girls. Organized
child traffickers particularly have victimized certain villages, and
there were villages where up to 51 percent of children were trafficked
(see Section 6.c.).
At year's end, none of the persons arrested in connection with the
MV Etireno, a ship suspected of carrying trafficked children in March
2001, had been brought to trial.
Following the arrival of the Etireno, the Government undertook a
formal investigation and produced a final report, cosigned by UNICEF
and Terre des Hommes, an NGO. The final report stressed the regional
nature of the trafficking problem, asked for international assistance
to help the Government improve its antitrafficking measures, and
criticized the tone of international media's coverage of the event. No
further action was taken by year's end.
The Government was limited severely by a lack of resources, but did
recognize that trafficking was a problem. To prevent trafficking, the
Government worked with international organizations to increase literacy
rates, diversify the economy, and improve health care. The Brigade for
the Protection of Minors, under the jurisdiction of the Interior
Ministry, fought crimes against children. The Brigade estimated that
between 1998 and the beginning of 2001, the various border control
agencies, including gendarmes and police, intercepted 2,053 children at
borders other than the port of Cotonou. The Government also worked with
NGOs to combat trafficking in children, taking measures that included
media campaigns and greater border surveillance (see Section 5);
however, police complained that they lacked equipment to monitor
trafficking adequately.
The Government participated in a two-part ILO trafficking project
with seven other countries (Burkina Faso, Cameroon, Cote d'Ivoire,
Ghana, Nigeria, Senegal, and Togo). The Government also has bilateral
agreements with Togo, Gabon, and Nigeria, which focus on border control
and repatriation of trafficking victims. During the year, the
Government concluded a formal agreement with government of Gabon for
the repatriation and reintegration of trafficked children.
In August 2001 in Abomey-Calvi, a group of magistrates held a
conference to discuss better ways to enforce the country's existing
laws against trafficking and displacement of persons. In August 2001,
the city of Cotonou hosted a subregional conference of West African
police chiefs to discuss their broad array of trafficking cases,
including women and children, and to explore more effective ways to
integrate their enforcement and interdiction efforts. Although there
was no evidence of concrete results, the subregion's police chiefs
adopted resolutions pledging increased information sharing on border
control issues; the magistrates created a compilation of existing laws
and regulations related to trafficking and discussed methods of
improving enforcement efforts.
__________
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 became President in 1998 and continued to lead the
Botswana Democratic Party (BDP), which has held a majority of seats in
the National Assembly continuously since independence. The 1999
elections generally were regarded as free and fair, despite initial
restrictions on opposition access to radio and press reports of ruling
party campaign finance improprieties. In that election, the BDP
increased its majority in the National Assembly and President Mogae was
elected to his first full term. The Government generally respected the
constitutional provisions for an independent judiciary in practice.
The civilian government maintained effective control of the
security forces. The military, the Botswana Defense Force (BDF),
primarily was responsible for external security, although it did assist
with domestic law enforcement on a case by case basis. The Botswana
National Police (BNP) primarily were responsible for internal security.
Some members of the security forces, in particular the police,
occasionally committed human rights abuses.
The economy was market oriented with strong encouragement for
private enterprise and has achieved rapid sustained real per capita
economic growth. Nearly 50 percent of the population of approximately
1.7 million was employed in the informal sector, largely subsistence
farming and animal husbandry. Rural poverty remained a serious problem,
as did a widely skewed income distribution. Per capita gross domestic
product increased to $3,956 from $3,486 in 2000, according to 2001 Bank
of Botswana figures. Diamond exports provided more than 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.
The Government generally respected the human rights of its
citizens; however, there were problems in several areas. There were
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 overcrowded, although the
Government made efforts to address the problem by constructing new
detention facilities. In many instances, the judicial system did not
provide timely fair trials due to a serious and increasing backlog of
cases. The Government coerced Basarwa to relocate outside of the
Central Kalahari Game Reserve (CKGR) during the year. The Government
continued to dominate domestic broadcasting and limited freedom of the
press. Some citizens, including groups not numbered among the eight
``principal tribes'' of the Tswana nation, the majority ethnic group,
remained marginalized in the political process. Violence and
discrimination against women remained serious problems. Trade unions
continued to face some legal restrictions, including those against the
right to strike, and the Government did not always ensure that labor
laws were observed in practice. Botswana was invited by the Community
of Democracies' (CD) Convening Group to attend the November 2002 second
CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution explicitly prohibits such practices, and
the Government generally respected this prohibition in practice;
however, instances of abuse occurred. There were reports that police
sometimes used beatings and other forms of intimidation in order to
obtain evidence or elicit confessions. However, in general beatings and
other forms of extreme physical abuse were rare. In some cases, the
authorities took disciplinary or judicial action against persons
responsible for abuses. Although coerced confessions were inadmissible
in court, evidence gathered through coercion or abuse may be used in
prosecution.
In previous years, there were reports that BDF soldiers at the
Dukwe refugee camp beat and abused Dukwe residents. In 2000 one refugee
applicant claimed that BDF soldiers beat him for allegedly stealing a
bag of sugar. A formal investigation was conducted and the soldiers
were issued a warning. Following the incident, all BDF soldiers were
removed from Dukwe.
During the year, there were allegations that police used excessive
force in repatriating Zimbabweans who fled across the border into the
country; however, local nongovernmental organizations (NGOs) were not
able to confirm reports of mistreatment (see Section 2.d.).
Unlike in the previous year, there were no reports that government
game wardens abused the Basarwa (Bushmen) in the CKGR.
Customary courts continued to impose corporal punishment sentences
in the form of lashings on the buttocks, generally against young
offenders in villages for crimes such as vandalism, theft, and
delinquency.
Prison conditions remained poor, and conditions largely remained
unchanged during the year. Conditions in all prisons generally were
poor, although women's prisons were less crowded than men's prisons. A
2000 report by the Botswana Prisons Service to the Commissioner
reportedly denied government responsibility for the conditions of
prisons; however, the report was not released publicly. With the
country's high incidence of HIV/AIDS and tuberculosis, prison
overcrowding was a serious health threat. The Government and prison
authorities were aware of the problem, and cooperated fully with the
Center for Disease Control in a study on the prevalence of tuberculosis
in the prisons. HIV/AIDS testing and U.N. Development Program (UNDP)
peer counseling was available to all prisoners. There were reports that
some prisoners died in custody from HIV/AIDS related illnesses.
The 23 prisons across the country had a capacity of approximately
3,300 inmates but held 5,829 at year's end. Construction of a new
prison for male juvenile offenders was delayed due to lack of funds,
and it was scheduled to open in August 2003. The Prison Commissioner
has the authority to release terminally ill prisoners who were in the
last 12 months of their sentences and allow citizen prisoners with
sentences of 12 months or less to perform ``extramural'' labor. By
year's end, the Government had released more than 1,000 prisoners under
the program. Foreign prisoners were required to serve out their entire
sentences.
The Prisons Act makes it illegal for prison officials to mistreat
prisoners. When there is an allegation or suspicion of mishandling of
prisoners by prison officials, the Department of Prisons is required to
forward the case to the police for investigation. In 2000 the Minister
of Presidential Affairs and Public Administration stated that stiff
penalties would be imposed on prison officials who treat inmates
improperly.
Men were held separately from women, and juveniles were held
separately from adults; however, pretrial detainees were held in the
same facilities as convicted prisoners.
The Prisons Act provides for a governmental visiting committee for
each prison, the members of which are appointed by the Minister of
Labor and Home Affairs. Members of these committees serve 1-year terms,
must visit their prison four times within their first term, and issue a
report both to the Commissioner of Prisons and the Minister of Labor
and Home Affairs. These reports normally were not released to the
public. During the year, the committees visited each prison quarterly.
The committees issued another report during the year to the Minister of
Labor and Home Affairs; however, the report was not released to the
public.
While the Prisons Act grants relatives, lawyers, magistrates, and
church organizations the right to visit prisoners for ``rehabilitative
purposes,'' the Commissioner of Prisons has the authority to decide
whether domestic and international human rights organizations may
visit. Independent monitoring of prison conditions by human rights
groups, the media, or the International Committee of the Red Cross
(ICRC) was allowed if these organizations sought permission from the
Commissioner of Prisons; however, none of these groups sought
permission during the year. In the past, some local human rights
organizations were granted access to visit specific prisoners.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Suspects must be informed of their legal rights upon arrest,
including the right to remain silent. Detainees must 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. Detainees had the right to contact a family member and to hire
attorneys of their choice, but in practice most were unable to afford
legal counsel. Poor police training and poor communications in rural
villages made it difficult for detainees to obtain legal assistance,
and authorities did not always follow judicial safeguards. The
Government did not provide counsel for the indigent, except in capital
cases. Most citizens charged with noncapital offenses were released on
their own recognizance; some were released with minimal bail. Detention
without bail was highly unusual, except in murder cases, where it was
mandatory. Constitutional protections were not applied to illegal
immigrants, although the constitutionality of denying them due process
has not been tested in court.
Pretrial detention was prolonged in a large number of cases. In
Gaborone Central Prison, the average wait in prison before trial was 1
year. The Government attempted to alleviate the backlog of cases by
temporarily hiring more judges and held a referendum in 2001 in which
voters authorized amending the Constitution to raise the retirement age
of judges from 65 to 70; however, several magistrates resigned during
the year, and the backlog of cases increased.
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) (see Section 2.d.). During the year, the Government completed
construction of the Francistown Holding Center with a capacity of 504
illegal immigrants awaiting repatriation. There were 257 illegal
immigrants in the holding center at year's end. BCR or the UNHCR
interviewed immigrants claiming refugee status, and once persons were
granted refugee status, the Government transferred them to the Dukwe
Refugee Camp (see Section 2.d.). The five refugees from Namibia's
Caprivi Strip who committed criminal offenses while at the Dukwe
refugee camp remained in protective custody at Mahalapye Prison,
despite a request from the Namibian government that they be
repatriated.
The law prohibits forced exile, and the Government did not use it
in practice.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected 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 were public, although trials under the
National Security Act (NSA) may be held in secret. Those charged with
noncapital crimes were tried without legal representation if they could
not afford an attorney. As a result, many defendants may not be
informed of their rights in pretrial or trial proceedings. The BCHR
provided free legal services, but its capacity was limited. Another
NGO, the University of Botswana Legal Assistance Center, provided free
legal services in civil, but not criminal, matters.
In 1999 a High Court judge declared a mistrial in the case of two
Basarwa (Bushmen) men who had been convicted in 1995 of murder and who
were awaiting execution. Ruling that the two had been deprived of their
constitutional rights, the judge ordered a new trial, which was
scheduled for March 2003.
Most civil cases were tried in customary courts, under the
authority of a traditional leader. These courts handled minor offenses
involving land, marital, and property disputes. In customary courts,
the defendant does not have legal counsel, and there were 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 varied considerably. In communities where chiefs and
their decisions were respected, plaintiffs tended to take their cases
to the customary court; otherwise, persons sought 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 actions, and the
Government generally respected these prohibitions in practice, with the
exception of the resettlement of the Basarwa out of the CKGR.
During the year, the Government coerced ethnic Basarwa (also known
as the San or Bushmen) into abandoning their ancestral communities
within the CKGR, and moved them to resettlement camps located outside
the reserve (see Section 5). Government officials maintained that the
resettlement program was voluntary and necessary in order to reduce the
cost of providing public services and to minimize human impact on
wildlife. The Government ``assisted'' the inhabitants to relocate and
provided compensation for abandoned property. In some cases, the
Government used intimidation and coercion to force families to leave
the reserve. Government officials dismantled local houses and made it
difficult to bring water into the reserve.
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
respected these rights in practice; however, the Government attempted
to limit freedom of the press and continued to dominate domestic
broadcasting. The Government occasionally censored stories or news
sources that it deemed undesirable.
The Government's Botswana Press Agency (BOPA) provided most of the
information found in the media owned and operated by the Government:
The free Daily News newspaper, Botswana Television (BTV), and two FM
radio stations, Radio Botswana (RB1) and Radio Botswana 2 (RB2). RB1
operated from 5 a.m. to 12 a.m. daily, and RB2 operated 24 hours per
day. News coverage in the state-owned media focused on the activities
of government officials and supported government policies and actions.
The Daily News also published general coverage of current events and
issues and included a second front page in Setswana, the most commonly
spoken language.
The independent press was small but vigorous and has a long
tradition of candid discourse. It actively covered the political arena
and frequently was critical of the Government and the President. The
circulation of privately owned print media continued to be limited
mostly to the main cities and towns. By year's end, seven privately
owned weekly newspapers 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. A total of nine privately owned monthly magazines were published
nationally. These publications reported and editorialized without fear
of closure.
Government officials sometimes complained of bias in the private
press. However, government officials and other public figures have
recourse to the courts if they believe that they have been libeled.
Libel was a civil law matter; there were no criminal libel laws. In
2000 the Vice President filed a libel suit against the Botswana
Guardian and the Midweek Sun newspaper, which was pending at year's
end.
In April 2001, after a series of negative press stories about
government officials, the Government directed all government agencies
and parastatals to refrain from advertising in the Botswana Guardian
and its sister newspaper, the Midweek Sun. While officials initially
claimed that the decision was solely a financial one, officials
admitted in court that the decision to ban advertising was meant to
have a punitive nature during a lawsuit brought by the newspapers. In
September 2001, the High Court overruled the decision to ban
advertising and ordered the Government to pay the newspapers' legal
fees; however, the Court's decision on whether depriving the newspapers
of advertising revenue was an unconstitutional suppression of speech
and of the press was pending at year's end.
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. In past years, the Government
monopolized domestic radio broadcasting; however, two private radio
stations, Yarona FM and Gabz FM, also broadcast. Both broadcast in 5 of
the country's 10 largest towns; state-owned radio continued to be the
only domestic radio service broadcasting to the rest of the country.
Both private radio stations have a news component to their programming,
with no discernible policy of supporting a particular political party.
The law provides for the issuance of broadcast licenses to private
companies and provides copyright protection of broadcast material; it
also mandates the establishment of a National Broadcast Board, which
grants broadcast licenses. In 2000 the Board held its first meeting at
the Botswana Telecommunication Authority (BTA) offices in Gaborone;
during the year, it issued its first broadcast lease.
In 2000 the Government opened BTV amid skepticism from the public
and some parliamentarians over delays and overspending. BTV began
broadcasting with technical and programming assistance from the British
Broadcasting Corporation, and an emphasis on the Setswana language
service. Transmission extended south from Gaborone to Lobatse, north to
Serowe and Francistown, and was scheduled to be available throughout
the country within a few years.
The debut of BTV generated considerable discussion among members of
the public, parliamentarians, and government officials about whether
its status as a government-owned station would interfere with its
ability to function independently, especially with respect to reporting
the news. In April Presidential Affairs and Public Administration
Minister Daniel Kwelagobe criticized the Government media for
irresponsible reporting following stories about a kgotla (community)
meeting in Molepolole, in which Bakwena tribesmen suggested that
President Mogae's origins could be traced to Zimbabwe. The Minister,
whose responsibility then included media matters, declared that stories
for the Daily News, Radio Botswana, and Botswana Television would be
censored in order to sanitize them. Other than these remarks, no real
action was taken, and there were no instances of censorship reported
during the year.
The opposition Botswana Congress Party (BCP) criticized government
control over BTV, Radio Botswana, the Daily News, and BOPA and urged
that they be privatized or turned into parastatals.
The privately owned Gaborone Broadcasting Company (GBC) broadcast
mostly foreign made programming and was the only other television
station operating in the country. GBC broadcasts reached viewers only
in the capital area.
Independent radio and television broadcasts from neighboring South
Africa were received easily in border areas. Satellite television from
a South African-based company was available readily, although its cost
prevented many persons from subscribing to the service.
Internet access continued to spread quickly. The Government did not
restrict e-mail or Internet usage. Thirteen Internet service providers
(ISPs) were available to the domestic market, up from four in the
previous year. Botsnet is the commercial arm of the parastatal Botswana
Telecommunications Corporation (BTC). While private ISPs were allowed
to operate, they did so at a competitive disadvantage due to the larger
bandwidths dedicated to Botsnet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. There
were no governmental barriers to domestic and international travel or
emigration.
In January the Government required the Basarwa to relocate from the
CKGR to one of three designated settlements outside of the reserve. The
Government did not allow Basarwa who relocated to enter the CKGR
without a permit, which was required of all visitors to enter the
reserve; however, in November roadblocks around the CKGR became
ineffective and several Basarwa reoccupied the territory (see Sections
1.f. and 5).
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
office of the UNHCR and other humanitarian organizations in assisting
refugees. The Government strictly applied a policy of first asylum.
Refugee applicants who were unsuccessful in obtaining asylum were
allowed to remain at Dukwe until the Government referred their cases to
the UNHCR for resettlement; however, in some sensitive cases, the
Government has used deportation. There were no such cases this year.
The Government maintained a policy of considering asylum requests only
from refugees from bordering countries; however, in practice the
Government often considered refugee applications from Angolans. The BCR
or the UNHCR interviewed immigrants claiming refugee status. Although
the Government sometimes held newly arrived refugees in local jails
until they could be interviewed by BCR or UNHCR officials, once persons
were granted refugee status, the Government transferred them to the
Dukwe Refugee Camp until their resettlement or voluntary repatriation
(see Section 1.d.). There were 4,300 refugees at Dukwe by year's end;
they were primarily from Namibia, Angola, and Somalia. At year's end,
five refugees were being held in ``protective custody'' in Mahalapye
Prison (see Section 1.d.).
Unlike the previous year, there were no reports that BDF soldiers
beat or abused residents of the Dukwe refugee camp (see Section 1.c.).
During the year, there were allegations that police used excessive
force in repatriating Zimbabweans who fled across the border into the
country. The Deputy Commander of the Botswana Police Service and the
Zimbabwean High Commissioner said that there was no truth to the
allegations. Ditshwanelo, the Botswana Center for Human Rights, was not
able to confirm reports of mistreatment.
More than 2,500 refugees from the Caprivi Strip in neighboring
Namibia have fled to the country since 1998. Many were armed and linked
to the ethnically based opposition groups based in the Caprivi Strip.
Male refugees linked 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 such persons. No refugee repatriation took place in 2001;
however, between August 12 and October 17, approximately 1,000 Namibian
refugees were voluntarily repatriated at the Ngoma border. This
repatriation took place after a tripartite agreement between the
Government, Namibia, and the UNHCR. The UNHCR head of liaison was
satisfied with the dignified and orderly manner being accorded Namibian
refugees by all parties to the tripartite agreement. There were
approximately 1,300 Namibian refugees at the Dukwe refugee camp by
year's end, and arrangements were being made for their repatriation in
March 2003.
In December the High Court rejected Namibia's request to have 13
alleged Caprivi secessionists extradited to face charges of murder and
high treason on the grounds that they would not receive a fair trial in
Namibia. Human rights groups have applauded this decision. There was no
further action taken 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 exercised this right in practice
through periodic, 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 have controlled the presidency continuously since
independence.
The House of Chiefs, an advisory body with limited powers, was
restricted constitutionally to the eight ``principal tribes'' of the
majority Tswana ethnic group and four elected chiefs representing
smaller tribes, including the Bakalanga, Balozi, Humbukushu, and
Bakgalagadi. Consequently other groups such as the Basarwa, Ovaherero,
or Bayei were not represented there. Given the limited authority of the
House of Chiefs, the impact of excluding other groups of citizens
largely was symbolic, but some non-ethnic Tswana viewed it as important
in principle. Following a study by the Balopi Commission, in December
2001, the Government released a policy paper recommending
constitutional amendments to make the House of Chiefs more inclusive
and ethnically neutral. Parliament adopted its recommendations;
however, no date was set for implementation. Members of the National
Assembly were required to speak English.
Elections for the National Assembly were held in 1999 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 (see
Section 2.a.), and despite press reports of large anonymous campaign
contributions to the ruling party, reportedly by international diamond
interests. 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. Of the seven seats won by
opposition parties in 1999, the Botswana National Front won six, and
the BCP won one seat.
There were 406 district governments with elected councilors, but
they had no fiscal autonomy and relied on the central government for
revenue.
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 4 to 6 of 20 members. Of the
13 High Court justices, 1 was a woman.
During the year, one of the eight paramount Tswana-speaking tribes
selected Mosadi Seboko to be the first female chief in tribal history.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups,
including the BCHR, generally operated without government restriction,
investigating and publishing their findings on human rights cases.
Government officials usually were cooperative and responsive to their
views; however, some groups complained that the Government's
cooperation was designed mainly to mute criticism and did not result in
improved human rights conditions. Emang Basadi Women's Association and
Women Against Rape were active on issues concerning women's rights,
particularly rape and domestic violence (see Section 5). Survival
International, the NGO that took up the cause of the Basarwa and
protested their removal from the CKGR, was not obstructed in carrying
out its situation assessments.
The Government cooperated with the UNHCR and UNICEF, as well as
other international organizations.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution forbids governmental discrimination on the basis
of ethnicity, race, nationality, creed, sex, or social status, and the
Government generally respected these provisions in practice. However,
neither the Constitution nor the law prohibits discrimination by
private persons or entities.
Women.--Domestic violence against women remained a serious problem.
Under customary law and in common rural practice, men have the right to
``chastise'' their wives. Police rarely were called to intervene in
cases of domestic violence. Reports of sexual exploitation, abuse, and
assault increased an estimated 18.4 percent during the year, in part
due to public awareness of the problem and a willingness of victims to
come forward. The national police force began training officers in
handling domestic violence problems to make them more responsive in
such cases. Although the Government has become far tougher in dealing
with sexual assault, societal attitudes toward other forms of domestic
violence remained lenient. Half of the murders of women were linked to
histories of domestic violence. Human rights activists estimated that 6
women in 10 were victims of domestic violence at some time in their
lives.
Rape was another serious problem, and given the high incidence of
HIV/AIDS, sexual assault became an even more serious offense. By law
the minimum sentence for rape was 10 years, with the minimum increasing
to 15 years with corporal punishment if the offender was HIV-positive,
and to 20 years with corporal punishment if the offender knew of his or
her HIV status. The law does not address the issue of marital rape.
Women's groups acknowledged an improvement in the treatment of alleged
victims by police officials during rape investigations; however, they
noted that police still lacked basic investigative knowledge of rape
cases.
Sexual exploitation and harassment continued to be problems with
men in positions of authority, including teachers, supervisors, and
older male relatives who pressured women and girls to provide sexual
favors. In 2000 the Government amended the Public Service Act to
recognize sexual harassment as misconduct carrying penalties under the
law. Greater public awareness and improved legal protection have led
more victims of domestic violence and sexual assault to report
incidents to the authorities. In May 2001, the Women's Affairs
Department held a national workshop on violence toward women and issued
a report that promoted the use of an integrated approach among all
interested parties to gender based violence.
Women legally enjoyed the same civil rights as men; however, in
practice societal discrimination persisted. A number of traditional
laws enforced by tribal structures and customary courts restricted
women's property rights and economic opportunities. A woman married
under traditional law or in ``common property'' was held to be a legal
minor and required her husband's consent to buy or sell property, apply
for credit, and enter into legally binding contracts. Under the law,
women married under an intermediate system, referred to as ``in
community of property,'' were permitted to own immovable property in
their own names; however, their husbands still retained considerable
control over jointly held assets of the marriage. Moreover, the law
also stipulates that neither spouse can dispose of joint property
without the written consent of the other party.
Women increasingly exercised the right to marriage ``out of common
property,'' in which case they retained their full legal rights as
adults. Polygyny still was legal under traditional law with the consent
of the first wife, but it rarely was practiced. The Government and
local NGOs focused on constructive methods to address discrimination
against women in the areas of marital power, legal disabilities, and
proprietary consequences of marriage under common law, customary law,
and the Married Persons Property Act. In 2001 the Government amended
the marriage laws. Prior to the amendment, girls could be married with
parental consent at age 14, and boys with parental consent at age 16.
The new law sets the age of marriage with parental consent at 18 for
both sexes, and at age 21 if parental consent is not given. All
marriages must be registered, regardless of customary law or religious
belief.
Well trained urban women enjoyed growing entry level access to the
white collar job market, but the number of opportunities decreased
sharply as they rose in seniority. Discrimination against women was
most acute in rural areas where women engaged primarily in subsistence
agriculture had few property rights.
Young women did not have access to military or national service
training. Military service was voluntary for men only. The Government
abolished its national service program in 2000, a program that
previously allowed male and female high school graduates to serve in
government departments, mostly in rural areas. In 2000 Parliament
passed a resolution calling for young women to be allowed to serve in
the BDF ``as soon as practicable.''
The Government and interested NGOs met regularly to implement the
long term plan of action described in the National Policy on Women. The
Women's Affairs Department of the Ministry of Labor and Home Affairs,
in conjunction with the U.N. Development Program, developed the Program
Support Document (PSD) in 1997, which provides a framework for
implementation of the national policy on women until the end of the
year. The Women's Affairs Department had not released a report on
progress in the target areas at year's end.
A number of women's organizations emerged to promote the status of
women, and the Government entered into a dialog with many of these
groups. While some women's rights groups reportedly felt that the
Government was slow to respond concretely to their concerns, women's
NGOs stated that they were encouraged by the direction of change and by
the increasingly collaborative relationship with government
authorities. Major women's NGOs included the Emang Basadi Women's
Association, which promoted the social, economic, and legal status of
women and the Botswana Council of Women.
Children.--The rights of children are addressed in the Constitution
and the Children's Act. Under the law, the country has a court system
and social service apparatus designed solely for juveniles. The
Government started 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. Laws pertaining to children continued to be
under review to align them with the U.N. Convention on the Rights of
the Child. The Adoption Act also continued to be reviewed to ensure
that adopted children were provided for and not exploited as labor.
The Government provided 7 years of free primary education for
children, although attendance was not compulsory. Government estimates
of the proportion of children who never attended school ranged from 10
to 17 percent, and fewer than 20 percent of children completed
secondary school; school attendance and completion rates were highest
in urban areas, and lowest in remote rural areas, especially those
inhabited chiefly by Basarwa. In some cases, girls were 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, which administered primary education. It
also continued to allocate a large part of its investment expenditures
to construct primary and secondary schools, so children have ready
access to education. The literacy rate is 69 percent: 70 percent for
females and 67 percent for males.
UNAIDS estimated that 38.8 percent of persons between the ages of
15 and 49 were infected with HIV/AIDS, and due largely to deaths from
HIV/AIDS, 78,000 orphans were reported by UNICEF. However, 28 percent
of babies born from HIV positive mothers were protected from the virus.
Increasing numbers of children, mostly believed to be orphans, became
beggars or prostitutes in urban areas. Relatives denied inheritance
rights to orphans who were infected with HIV/AIDS.
There was 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.
Sexual harassment of students by teachers was a problem. Reports of
rape and sexual assault of young women, and cases of incest and
``defilement'' of young girls appeared with greater frequency in the
news. The age of sexual consent was 16. Child prostitution and
pornography were criminal offenses, and the law stipulates a 10-year
minimum sentence for ``defilement'' of persons under 16 years of age.
In view of the belief held by some in southern Africa that intercourse
with a virgin is a cure for HIV/AIDS, intergenerational sex (sexual
relations between older men and girls) and the problems of teenage
pregnancy caused by older men received extensive media attention during
the year.
Persons with Disabilities.--Employment opportunities for persons
with disabilities remained limited. The Government did not require
accessibility for public buildings and public conveyances for persons
with disabilities, and the NGO community began to address the needs of
persons with disabilities only during the last decade. The Government
had a national policy that provides for integrating the needs of
persons with disabilities into all aspects of government policymaking.
The Government funded NGOs that provide rehabilitation services and
supported small scale work projects by workers with disabilities.
Indigenous People.--The Basarwa (also known as Bushmen or San), who
now chiefly inhabit the Kalahari Desert, are the earliest known
inhabitants of the country and were the only inhabitants until Bantu
speaking groups arrived during the 16th century. They were
linguistically, culturally, and often morphologically distinct from the
rest of the population; however, they themselves were not a homogenous
group. They remained economically and politically marginalized; they
have lost access to their traditional land in fertile regions of the
country and were 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
52,000 to 65,000 Basarwa represented approximately 3 percent of the
country's population. Although the Basarwa traditionally were hunter-
gatherers, most employed Basarwa worked as agricultural laborers on
cattle ranches that belonged to other ethnic groups. During the year, a
substantial proportion of the Basarwa resided in government-created
Remote Area Dweller settlements and subsisted on government social
welfare benefits.
The colonial government established the 20,000 square mile CKGR in
1961 to protect the food supply of some Basarwa groups still pursuing a
subsistence hunter-gatherer livelihood. Starting in 1995 the Government
made a concerted effort to remove Basarwa from the CKGR and relocated
the population to two newly created settlements just outside the
reserve. Between 2000 and the end of 2001, the remaining CKGR
communities and the Government negotiated to reach an accommodation for
the population remaining in the reserve. This process culminated in
several draft ``CKGR Management Plans.'' The plans envisaged the
formation of community use zones for the remaining communities and
assumed the continued level of public service provided by the
Government (water provision, healthcare services, and the distribution
of old age, orphan, and destitute benefits). In August 2001, the
Government delivered an ultimatum declaring that all current residents
of the CKGR would be removed and relocated. The Government continued to
accommodate the CKGR population until January, at which time all public
services were terminated and subsistence hunting licenses were revoked.
In April the Government required all Basarwa to leave the CKGR and
resettle in the townships of Kaudwane New Xade, and Xere, where the
facilities had to cope with a doubling of population without an
increase in resources (see Section 1.f.).
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of workers' association. In practice all workers except public
employees were free to join or organize unions of their own choosing.
Government employees were not permitted to organize their own unions.
The industrial or wage economy is small, and unions were concentrated
largely in mineral extraction and to a lesser extent in the railway and
banking sectors. There was only one major confederation, the Botswana
Federation of Trade Unions (BFTU), but there were no obstacles to the
formation of other labor federations. During the year, the BFTU and the
Manual Workers' Union completed its merger into one union. In 2001 the
Government authorized the Civil Service to organize its own union;
however, the union was not established by year's end. Labor laws were
not yet compliant with the International Labor Organization (ILO), but
draft laws were scheduled to be presented to Parliament in 2003.
Unions were independent of the Government and were 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 limited union leaders' professionalism and effectiveness, and
was criticized by the International Confederation of Free Trade Unions
(ICFTU).
Workers may not be fired for union-related activities. Dismissals
on other grounds may be appealed to labor officers or civil courts, but
labor offices rarely ordered more than 2 months' severance pay.
Unions may join international organizations, and the BFTU was
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
and diamond sorter unions may have the organizational strength to
engage in collective bargaining.
The law severely restricted the right to strike. Legal strikes
theoretically were possible only after an exhaustive arbitration
process. Sympathy strikes were prohibited. In August 2001, a
consultancy appointed by the Government recommended that a separate pay
structure from the rest of the public service be created for teachers.
Teachers expected the separate pay structure to be implemented in
April, the beginning of the Government fiscal year. On September 25,
after the Government failed to take any action, the teachers of the
Botswana Federation of Secondary School Teachers (BOFESETE) went on a
3-day strike. Teachers struck again during exam time, from October 14
through October 21. The President stated he would appoint a new
commission to hear the teachers' grievances and to consider the
awarding of retroactive pay. The teachers did not strike again during
the year.
In November the Botswana Unified Local government Service
Association (BULGSA) held a 2-week strike action protesting
discrepancies between the salaries of local government employees and
their central government civil service counterparts. The President
again intervened and promised to appoint a new commission. In late
November, University of Botswana academic and non-academic staff went
out on strike over salaries, and quickly were joined by students
protesting chaotic exam schedules. After demonstrations became
disruptive, the university was shut down on December 6, 2 weeks earlier
than it was scheduled to close. There were no legal strikes during the
year.
The country has only one export processing zone (EPZ), located in
the town of Selebi-Phikwe, and it was subject to the same labor laws as
the rest of the country.
c. Prohibition of Forced or Bonded Labor.--The Government does not
prohibit forced and bonded labor, including by children; however, there
were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for Employment
of Children.--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 was allowed to perform hazardous labor,
including mining. District and municipal councils had child welfare
divisions, which were responsible for enforcing child labor laws.
Because research on child labor was limited, it was difficult to state
whether child labor laws were enforced effectively. However, the Labor
Commissioner, officials of the Ministry of Local government, Lands, and
Housing, and UNICEF generally agreed that the child labor problem was
limited to young children in remote areas who worked as cattle tenders,
domestic laborers, and child care providers.
The law provides that adopted children may not be exploited for
labor and protects orphans from exploitation as labor or coercion into
prostitution.
The Government launched a 10-year program of action for children in
1997 (see Section 5); however, implementation has proceeded slowly.
e. Acceptable Conditions of Work.--The minimum daily wage for most
full time labor in the private sector was $3.15 (17 pula), which
remained less than 50 percent of what the Government calculated as
necessary to provide a decent standard of living for a family. The
Cabinet determined wage policy and decided based on recommendations
made by the National Economic, Manpower and Incomes Committee (NEMIC),
which consists of government, BFTU, and private sector representatives.
The Ministry of Labor was responsible for enforcing the minimum wage,
and each of the country's districts had at least one labor inspector.
Civil service disputes were referred to an ombudsman for resolution.
Private labor disputes were mediated by labor commissioners; however,
an insufficient number of commissioners resulted in 1 to 2 year
backlogs in resolving such disputes. The Industrial Court registered
288 cases during the year, and 205 were outstanding at year's end.
Formal sector jobs almost always paid well above minimum wage
levels. Informal sector employment, particularly in the agricultural
and domestic service sectors, where housing and food were included,
frequently paid below the minimum wage. There was no mandatory minimum
wage for domestic workers, and the Ministry of Labor did not recommend
a minimum wage for them.
The law permits a maximum 48-hour workweek, exclusive of overtime,
that is payable at time and a half for each additional hour. Most
modern private sector jobs had a 40-hour workweek; however, the public
sector changed to a 48-hour workweek.
The law provides that workers who complain about hazardous
conditions may not be fired. However, the Government's ability to
enforce its workplace safety legislation remained limited by inadequate
staffing and unclear jurisdictions among different ministries.
Nevertheless, employers generally provided for worker safety, with an
occasional exception in the construction industry.
Illegal immigrants from poorer neighboring countries, primarily
Zambians and Zimbabweans, were exploited easily in labor matters, since
they would be subject to deportation if they filed grievances against
their employers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, although penal code provisions cover such related offenses
as abduction and kidnaping, slave trafficking, compulsory labor, and
procuring women and girls for the purpose of prostitution; however,
there were reports of trafficking. Although the law criminalizes child
prostitution, there were reports that children who were orphaned by
HIV/AIDS became prostitutes in urban areas (see Section 5).
__________
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 gains made by the opposition in
the May 5 legislative elections. The Government included a strong
presidency, a prime minister, a cabinet, a one-chamber National
Assembly, and the judiciary. In 1998 President Compaore was reelected
to a second 7-year term with 88 percent of the vote; 56 percent of the
electorate voted; however, some serious political figures boycotted the
election. The two candidates who opposed the President provided only
token opposition and reportedly were persuaded by the Government to run
for the presidency to help create the appearance of a contested
election. International observers considered the May 5 legislative
elections to have been substantially free and fair, although a
collective of 14 local nongovernmental organizations (NGOs) cited voter
list irregularities and cases of fraud. The judiciary was subject to
executive influence.
The security apparatus consisted of the armed forces and the
gendarmerie, which were controlled by the Ministry of Defense; the
national police, controlled by the Ministry of Security; and the
municipal police, controlled by the Ministry of Territorial
Administration. The Presidential Guard was an autonomous security
force, although it technically was subject to the jurisdiction of the
armed forces and part of the army. Civilian authorities, under the
direct control of the President, effectively controlled the military.
Members of the security forces committed serious human rights abuses.
An estimated 80 percent of the population of approximately 12.6
million engaged in subsistence agriculture. Frequent drought and
limited communication and transportation infrastructures, in addition
to a 77 percent illiteracy rate, were longstanding problems. In 2000
the Government adopted an antipoverty strategy to open the economy to
market forces, while shifting resources to the education and health
sectors. Gross national product per capita was $230.
The Government's human rights record remained poor, and it
continued to commit abuses. The continued dominance of President
Compaore and his ruling party limited citizens' right to change their
government, although the gains made by the opposition in the May 5
legislative elections represented another step toward democratic
government. The security forces were responsible for numerous
extrajudicial killings and continued to abuse detainees. During the
year, there were credible reports that security forces summarily
executed suspected criminals. Prison conditions remained harsh.
Arbitrary arrest and detention were problems, and authorities did not
provide detainees with due process. Although the Government continued
attempts to improve its human rights performance, a general climate of
impunity for members of the security forces and members of the
President's family, along with slow progress in identifying or
punishing those responsible for abuses, continued to be problems.
Courts were subject to executive influence, and authorities did not
ensure fair trials. At times authorities restricted media activity, and
the media practiced self-censorship. The deaths 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 at times restricted freedom of
assembly. Violence and discrimination against women, including female
genital mutilation (FGM), were problems. Violence against children,
child labor, and child trafficking continued to be problems. The
Government took steps to combat FGM and trafficking in persons. Social
discrimination against persons with disabilities was widespread.
Killing or severe beating of criminal suspects by vigilante mobs
remained common. Burkina Faso was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The security forces
were responsible for numerous extrajudicial killings during the year.
The Burkinabe Movement for Human Rights (MBDHP), the country's largest
human rights organization and a vocal critic of the Government, alleged
that security forces committed numerous extrajudicial killings during
the year. Although the numbers and names of victims could not be
verified independently, there were credible reports that security
forces summarily executed suspected criminals during the year in
response to public concerns about rising crime. The Security Minister
denied allegations of extrajudicial killings but admitted that security
forces had killed an unspecified number of persons in gun battles with
``armed bands.''
On March 14, the press reported that the bodies of four persons
were discovered on the road to the western city of Niangoloko. These
persons reportedly were known criminals in Banfora, Comoe Province. It
was believed that security forces might have killed them as part of the
Government's anticrime campaign. No known official action was taken by
year's end.
On June 17, the MBDHP reported the death of Mahamadi Bonkoungo, who
died under mysterious circumstances on May 5 while in police custody.
Bonkoungou was arrested for theft on February 4 and was detained until
May 5, which exceeds the legal time of detention without charge (see
Section 1.d.). The MBDHP alleged that this death likely was connected
with the Government's anticrime campaign, initiated in 2001. No
official action was taken on this case by year's end.
On August 1, unknown persons killed former Cote d'Ivoire Minister
of Higher Education and opposition leader Balla Keita in his home in
Ouagadougou. Keita, an Ivorian citizen, had arrived in the country in
March 2001 as a political refugee. According to Prosecutor General
Abdoulaye Barry, the killing could be a political killing perpetrated
by agents of the Government of the Cote d'Ivoire. There were no
developments in the case by year's end.
There was no action in the following 2001 cases: The February
killing of Jean Roger Sanou in Bobo-Dioulasso by security forces; the
May killing of Issa Diallo by gendarmes in the small city of Pouytenga,
Kouritenga Province; the September killing of Daouda Ouedraogo in
Ouagadougou by Presidential Guard Sergeant Momouni Koueba.
In March 2001, retainers of the King of Po beat to death petty
theft suspect Jules Nankouly after gendarmes turned over Nankouly to
the King. The King was an activist in the ruling CDP party and also the
mayor of Po, a city in Nahouri Province. On July 15, the King was
arrested, indicted, and jailed at Ouagadougou Main Prison. In August he
was released on bail. On September 6, the Ministry of Territorial
Administration ordered him suspended from office; however, there still
was no action taken against his retainers by year's end.
There were no developments in the 2000 shooting and killing by
gendarmes of 12-year-old Flavien Nebie.
In 2001 the Government filed murder and arson charges against
former Presidential Guard Marcel Kafando, a key suspect in the 1998
murder of respected journalist Norbert Zongo and his companions.
Kafando and two other former Presidential Guards were convicted and
sentenced to prison in 2000 for killing the chauffeur of President
Compaore's brother Francois; Norbert Zongo's newspaper had been leading
investigations into the death of the chauffeur. Two of the convicted
Presidential Guards died under suspicious circumstances in 2001.
Kafando remained jailed in poor health, and there were no further
developments reported in the investigation of the Zongo case by year's
end.
A 2001 MBDHP report stated that a grave containing the remains of
approximately five persons had been found in Wayen, Ganzourgou
Province. The dates of death, causes of death, and identities of the
bodies have not been determined; however, the MBDHP alleged that the
deceased were victims of political violence. There were no further
developments by year's end.
The June 2000 killing of Mamadou Kere by self-styled militiamen who
claimed allegiance to the Naba Tigre was resolved during the year. On
May 24, 11 perpetrators of the Kere killing were charged with ``not
helping a person in danger, unlawful arrest and sequestration, and
fatal blows.'' Five of the defendants received 1 to 3 years'
imprisonment, and six of them were acquitted.
Killings by vigilante mobs and self-styled militias remained a
problem nationwide. The vast majority of such killings targeted
suspected thieves and other alleged criminals, who typically were
burned or beaten to death. On several occasions in 2001, vigilantes
destroyed the property of persons accused of sorcery or witchcraft and
expelled them from their communities; however, there were no reports of
such activity 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 such practices; however, members of the
security forces continued to abuse persons, and suspects often were
subject to beatings, rough handling, and threats, frequently to extract
confessions. There were credible reports that officials at the
Ouagadougou House of Arrest and Correction (MACO) prison continued to
employ degrading treatment subjecting prisoners to overcrowding,
unsanitary conditions, and inadequate food. The Government was not
known to have taken any disciplinary action against those responsible
for abuses, and the climate of impunity created by the Government's
failure to prosecute abusers remained the largest obstacle to ending
abuses.
Security forces commonly beat suspected criminals.
In October and November, gendarmes forcibly dispersed student
protests in and around the University of Ouagadougou (see Section
2.b.).
Citizens of the town of Kaya alleged that on December 18, soldiers
from a nearby military barracks raided the police station of the city
and beat up police officers as well as a number of civilians, including
women, children, and old men. The MBDHP reported that the soldiers were
protesting police treatment of one of their military colleagues, who
was stopped in civilian dress by police earlier in the week and beaten
after refusing to show his identification card. A citizens' group was
formed to protest the treatment of civilians, and an investigation was
ongoing at year's end.
There was no action taken against the responsible members of the
security forces who arrested, stripped naked, and shaved the heads of
numerous elderly male residents of Bobo-Dioulasso in February 2001;
beat, illegally detained, and humiliated dozens of local residents
including women, the elderly, and children in the city of Mani, Gnagna
Province in April 2001; or beat a suspected thief in Mouhoun Province,
in the western part of the country also in April.
There was no known action taken against the members of the security
forces responsible for beating or otherwise abusing the persons in the
following cases in 2000: The April case in which police used tear gas
to disperse a march; the April cases in which police shaved the heads
of several demonstrators; the August case in which police used tear gas
to disperse a refugee demonstration; the November beating of
approximately 15 students; and the December case in which police used
tear gas to disperse a student demonstration.
Progovernment vigilantes in several locations have used violence
and threats of violence against persons and properties to harass and
intimidate opponents; however, unlike in the previous year, there we no
confirmed reports of such activity.
There was no action taken, nor was any likely to be, against
progovernment vigilantes who detained, tied up, and threatened human
rights activists, cut with a machete an activist who tried to negotiate
their release, and forced a high school teacher and student to flee
Fada N'Gourma in December 2000.
Prison conditions were harsh, overcrowded, and could be life
threatening. The federal prison in Bobo-Dioulasso, built in 1947,
housed approximately 1,000 prisoners, although it was designed to hold
less than half that number. The prison diet was poor, and inmates often
relied on supplemental food from relatives. There were separate
facilities for men, women, children, and high-profile persons; however,
these facilities typically were crowded, common rooms rather than
individual cells. Pretrial detainees usually were not held separately
from convicted prisoners.
According to human rights monitors, prison visits were granted at
the discretion of prison authorities. Permission generally was granted
routinely, and advance permission was not required. Prison monitors
visited prisons during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides for the right to expeditious arraignment and access to legal
counsel; however arbitrary arrest and detention were problems, and
authorities did not ensure due process. 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 observed these provisions. The average time of detention without
charge was 1 week, and the law allows judges to impose an unlimited
number of 6-month preventive detention periods. It was not unusual for
defendants without access to legal counsel to be detained for weeks or
months before appearing before a magistrate. In some cases, prisoners
were held without charge or trial for a longer period than the maximum
sentence that they would have received if convicted of the alleged
offense. There was a pretrial release system; however, it was unknown
how often it was used.
Gendarmes arrested journalists during the year (see Section 2.a.).
Gendarmes also arrested several student activists following protests in
and around the University of Ouagadougou; the students were held for
several days without being charged (see Section 2.b.).
The law prohibits forced exile, and the Government did not use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary was subject
to executive influence. The President has extensive appointment and
other judicial powers. The Constitution stipulates that the Head of
State also was the President of the Superior Council of the
Magistrature, which can nominate and remove high-ranked magistrates and
can examine the performance of individual magistrates.
The Zongo killing (see Section 1.a.) and its aftermath focused
attention on the systemic 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 2000 amended Constitution replaced the Supreme Court with four
higher courts: The Supreme Court of Appeal, the Council of State, the
Audit Court and Office, and the Constitutional Council. All of the
higher courts were operational by year's end. Beneath these higher
courts were 2 Courts of Appeal and 10 provincial courts. There also was
a High Court of Justice, with jurisdiction to try the president and
senior government officials for treason and other serious crimes. The
ostensibly independent military court system, which tried only military
cases, was subject to executive influence. In June 2001, the Supreme
Court ruled that civil courts lacked jurisdiction in a wrongful death
case brought by the widow of murdered former Chief Executive Captain
Thomas Sankara. The Court ruled that jurisdiction was vested in the
military court system. No further action was taken by year's end.
In addition to the formal judiciary, customary or traditional
courts presided over by village chiefs, handled many neighborhood and
village problems, such as divorce and inheritance disputes. Citizens
generally respected these decisions, but they also may take a case to a
formal court.
The Constitution provides for the right to public trial, access to
counsel, a presumption of innocence, and has provisions for bail and
appeal. While these rights generally were respected, the ability of
citizens to obtain a fair trial remained restricted by their ignorance
of the law and by a continuing shortage of magistrates.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. However,
in national security cases a 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 Constitution and the law
provide for freedom of speech and of the press; however, the Government
at times restricted these rights and intimidated journalists into
practicing self-censorship. The President and his government remained
sensitive to criticism. 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 in 1998 of internationally respected journalist and
newspaper editor Norbert Zongo, who was well known for his
investigative reports on government scandals, raised serious questions
on the limits to the exercise of this freedom (see Section 1.a.).
All media were under the administrative and technical supervision
of the Ministry of Communication and Culture. The audiovisual media
were regulated further 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 included five daily and approximately a dozen weekly
newspapers; some newspapers appeared only occasionally. There were
numerous independent radio stations and a religious television station.
The Government licensed several private radio stations during the year.
These media outlets included stations that were critical of the
Government. Voice of America, Radio France International, Africa Number
1, and the British Broadcasting Corporation broadcast without
government interference.
Despite self-censorship, independent newspapers and radio stations
often criticized the Government, reporting allegations of corruption
and mismanagement by authorities and accusing the Government of human
rights violations. The independent media also reported the opposition's
and human rights associations' criticism of the Government's failure to
investigate and prosecute human rights violations.
On August 7, gendarmes arrested, detained, and interrogated for 2
days Christophe Koffi, an Ivorian citizen and correspondent of both
Agence France Presse and Reporters without Borders (RSF). He was
suspected of spying for Ivorian authorities who were suspected to be
behind the killing of Balla Keita (see Section 1.a.). Police released
Koffi after questioning; there were no further developments by year's
end.
On August 8, gendarmes arrested and interrogated for several hours
Newton Ahmed Barry, editor of the monthly independent paper
L'Evenement. He was accused of providing information to the Ivorian
press in connection with the killing of Balla Keita (see Section 1.a.)
and spying for a foreign power. Police released Barry after
questioning; there were no further developments by year's end.
There were regulations for private and independent radio and
television. The regulations allowed reinstatement of call-in shows,
which were suspended in 1997. However, radio stations were held
responsible if their call-in programs threatened the public order or
the rights of any third party.
During the May 5 legislative elections, the CSI fulfilled its
responsibility under the electoral code to ensure equal media treatment
of the candidates prior to the elections. Despite some minor criticisms
from the opposition, the general belief was that press reporting on
candidates' campaigns was more balanced than the previous legislative
elections.
The Government did not restrict access to the Internet.
The Government usually respected academic freedom. In previous
years, the Government generally tolerated peaceful student strikes to
protest government education policy or demand better school conditions;
however, on a number of occasions, security forces used the threat of
violence to disrupt meetings of striking students, and student leaders
and protesters have been arrested, detained, and abused (see Section
2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, at times the Government
restricted this right in practice. Demonstrations generally were
tolerated following the recission in March 2001 of a 2000 decree that
banned all public demonstrations or gatherings except for weddings,
funerals, or religious ceremonies.
After the March 2001 rescission, political parties and labor unions
were allowed to hold meetings and rallies without requesting government
permission. However, the law also requires that authorities be notified
in advance of planned demonstrations and allows the authorities to
invoke the need to preserve public order to forbid demonstrations.
Penalties for violation of the advanced notification requirement
include 2 to 5 years' imprisonment. 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.
Police forcibly dispersed a student demonstration on the campus of
the University of Ouagadougou in October; students were protesting a
doubling of registration fees. On November 21, police raided a meeting
of a student union that had previously organized protests against the
fee increase, forcing the student activists out of the classroom where
the meeting was being held. Once out in the streets, some of the
protesters damaged cars and burned one government vehicle. On November
21, six student leaders were arrested after the protests and were held
in Ouagadougou's main prison without formal charges for 10 days. On
December 17, the students were put on trial for vehicle destruction,
assault of a police officer, and illegal assembly. The alleged
ringleader, the president of one of the student unions, received a
sentence of 1 month in jail and a fine of approximately $23,000
(15,600,000 CFA). Two other students also received a month's sentence
and lighter fines; the other three students were released for lack of
evidence. Lawyers for the sentenced students said they intended to
appeal. The University continued to experience student unrest
throughout December. On December 3 and 4, secondary school students in
Ouagadougou and Bobo Dioulasso also called a strike. Security forces in
Bobo Dioulasso used tear gas to disperse forcibly the students;
however, there were no reported deaths or injuries.
No action was taken against members of the security force who used
excessive force to disperse the 2001 demonstration by those who opposed
the inauguration of the mayor of Bobo-Dioulasso, the country's second
largest city.
No action was taken against members of the security forces who used
excessive force to disperse demonstrations on the following months in
2000: April; August; and December.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Political
parties and labor unions usually were permitted to organize without
seeking government permission.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Government required that religious groups register with the
Ministry of Territorial Administration. Registration established a
group's legal presence in the country but entailed no specific controls
or benefits. Religious groups only were taxed if they carried on
lucrative activities, such as farming. There were no penalties for
failure to register. All groups were given equal access to licenses,
and the Government approved registrations in a routine fashion.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
Gendarmes routinely stopped travelers for identity and customs checks
and the levying of road taxes at police and military checkpoints. There
were no restrictions on foreign travel; however, in 2000 some foreign
journalists were not permitted to enter the country.
Following the Government's ban on demonstrations in 2000 (see
Section 2.b.), progovernment vigilantes intimidated human rights
activists and forced some to flee from cities such as Koudougou.
Activists in Bobo-Dioulasso, Kaya, and Fada N'Gourma also complained of
similar harassment in 2001. However, unlike in previous years, there
were no reports that progovernment vigilantes harassed human rights
activists.
The law provides for the granting of asylum and refugee status in
accordance with the provisions of the 1951 U.N. Convention Relating to
the Status of Refugees and its 1967 Protocol. Refugees were accepted
freely. The Government provided first asylum. The Government cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. Approximately
450 persons with refugee status and an estimated 300 persons who had
requested refugee status reside in the country. Most were nationals of
Rwanda, Burundi, the Democratic Republic of the Congo, and the Republic
of the Congo; others were from Chad, Liberia, and Sierra Leone. Almost
all the refugees and applicants live in Ouagadougou.
During the year, the UNHCR continued its efforts to respond to the
needs of the refugees, notably during visits in the spring and in fall.
The refugees continued to receive some assistance for school and
medical fees; however, their monthly financial assistance from the
UNHCR was terminated during the year. Some of the refugees asked the
UNHCR to send them to third countries; these requests were being
evaluated at year's end.
There was a surge in voluntary repatriation of Burkinabe nationals
from Cote d'Ivoire late in the year, as a result of the ongoing crisis
in Cote d'Ivoire. Burkinabe returnees reported harassment from Ivoirian
police officials, usually in the form of demands for money but also in
the form of physical abuse.
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 multiparty elections; however, in
practice citizens were unable to exercise this right fully due to the
continued dominance of the President and his ruling party. In the 1998
presidential election, President Compaore 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 affect the ultimate outcome of the
election. However, the national observers identified a number of
systemic weaknesses in the electoral code that precluded a totally
regular and transparent vote, and a coalition representing a number of
opposition parties boycotted the election. Nevertheless, neither of the
two candidates opposing President Compaore contested the results.
The Compaore government included a strong presidency, a Prime
Minister, a cabinet presided over by the President, a one-chamber
(formerly two-chamber) National Assembly, and the judiciary. The
legislature was independent, but it remained susceptible to influence
from the executive branch.
In 1999 President Compaore instructed the Prime Minister to
reshuffle and broaden the Government. The new cabinet included four
members from small opposition parties; however, the major opposition
bloc, the Group of 14 February (G-14), refused to participate. In 1999
the Council of Ministers passed decrees creating a Commission for
Political Party Consultations, a Commission of National Reconciliation,
and a Commission on Political Reforms.
Pursuant to the Commissions' recommendation in 1999, Article 37 of
the Constitution was amended in April 2001 to provide that the
presidential term of office be 5 years, renewable once, starting in
2005. The provision was not retroactive, and the National Assembly has
determined that this provision will not be applied retroactively to
President Compaore. Previously the Constitution allowed the President
to run for an unlimited number of terms.
In 2000 the Government promulgated a new electoral code that gave
more independence to the Government-funded Independent National
Electoral Commission (CENI). Under the revised code, the CENI has full
responsibility for managing its budget and was the only organization
responsible for monitoring elections and referendums. However, during
the 2000 municipal elections, the CENI was criticized for deferring to
the Government on important questions such as postponing the elections
and candidate eligibility. In 2001 a new CENI, composed of 15 members,
was sworn in. Five representatives of opposition parties, including the
G-14 coalition, agreed to serve on the CENI in addition to five
representatives of progovernment parties (including the CDP) and five
representatives of civil society.
On May 5, the Government held parliamentary elections. For the
first time in the country's history, multiple (13) political parties,
including the opposition, participated in the elections. The ruling CDP
won 57 out of the 111 parliamentary seats. The opposition parties
unified to compete in the elections and won 54 seats. Domestic
observers characterized the elections as generally free and fair.
Following the May 5 legislative elections, the Government was
reorganized, and the November 2000 protocol, which ceded one-third of
cabinet posts to the opposition and which the Prime Minister and
opposition had signed, was voided. Of the 30 cabinet members, there
were six ministers from parties other than the ruling CDP.
There were no restrictions in law or practice on the participation
of women or minority group members in politics. There were 12 women in
the 111-seat National Assembly, and there were 3 female ministers in
the 30-member Cabinet. The President of the Social and Economic Council
was a woman. In part because of the important role that women played in
reelecting President Compaore in 1998, the CDP increased the number of
women on its National Executive Council from two to six in 1999.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of human rights groups, including the MBDHP, the
Association of Christians for the Group for Study and Research on
Democracy and Economic and Social Development in Burkina Faso (GERDES),
and Abolition of Torture (ACAT), generally operated without government
restriction; however, government-paid informers reportedly infiltrated
groups that were critical of the Government.
Following the Government's 2000 ban on demonstrations,
progovernment vigilantes intimidated human rights activists and forced
some to flee from cities such as Koudougou (see Section 2.d.). Unlike
in the previous year, there were no reports that progovernment
vigilantes intimidated human rights activists and forced some to flee
from cities.
The Government permitted international human rights groups to visit
and operate in the country. The MBDHP was affiliated with the Inter-
African Human Rights Union (UIDH).
The Government failed to honor repeated requests for information
from the OAU about alleged human rights abuses that occurred between
1983 and 1997. In 2001 the OAU's Human Rights Commission issued a
report that criticized the Government for failing to investigate human
rights violations that occurred between 1983 and 1997, criticized the
Government for not responding adequately to the OAU's requests for
information, and called on the Government to prosecute the perpetrators
of these offenses and to compensate the victims. The Government had not
responded by year's end.
In 2001 the Government, at the initiative of the Junior Minister
for Human Rights, established a National Commission on Human Rights to
serve as a permanent framework for dialog on human rights concerns.
Commission members included representatives of human rights NGOs, union
representatives, government officials, and representatives from
professional associations. In December 2001, the commission adopted a
plan of action to promote human rights; however, it took no specific
action by year's end.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race or
ethnic origin. Minority ethnic groups, like the majority Mossi, were
represented in the inner circles of the Government, and government
decisions did not favor one group over another.
Women.--Domestic violence against women, especially wife beating,
occurred frequently. Cases of wife beating usually were handled through
customary law and practice. There were no statistics on rape, although
it was recognized as a crime. Spousal rape was not discussed. There
were organizations that counselled 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 has attempted to change attitudes toward women,
using education through the media. The Penal Code explicitly prohibits
sexual harassment; however, there are no special laws protecting women
against violence other than general laws dealing with violence.
The law prohibits forced marriage, with specific penalties under
the Penal Code for violators. Polygyny was permitted, but both parties
must agree to it prior to a marriage, and the woman maintained the
power to oppose further marriages by her husband if she could provide
evidence that he abandoned her and her children. Either spouse could
petition for divorce; custody of children was granted to either parent
based on the children's best interests.
FGM was practiced widely, especially in many rural areas, and
usually was performed at an early age. The percentage of girls and
women 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 the National Committee for the Fight Against
Excision campaigns against the practice. FGM is a crime, with strict
punishments for those involved in its practice. Perpetrators were
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. There were no reports of FGM-
related arrests or prosecutions during the year. Another form of
mutilation, scarification of the faces of both boys and girls of
certain ethnic groups, gradually was disappearing.
There were occasional reports of trafficking in women (see Section
6.f.).
Although the law provides equal property rights to women and some
inheritance benefits depending on other family relationships, in
practice customary law prohibits women from the right to own property,
particularly real estate. In rural areas, land belonged to the family
of the man whom a woman marries even though women represented 45
percent of the workforce. Women still did much of the subsistence
farming work. Customary law does not recognize inheritance rights for
women and regards the woman as property that can be inherited upon her
husband's death.
There were no specific constitutional provisions or laws protecting
women, who faced extensive discrimination. In general women continued
to occupy a subordinate position and experienced discrimination in such
areas as education, jobs, property, and family rights. Overall, women
represented 45 percent of the workforce. In the modern sector women
make up one-fourth of the Government workforce, although they usually
were found in lower paying positions. The Ministry of Women's Affairs
actively promoted women's rights during the year; the Minister was a
women.
Children.--The Constitution nominally protects children's rights.
The Government demonstrated its commitment to improving the condition
of children by continuing efforts, in cooperation with donors, to
revitalize primary health care by focusing on care for nursing mothers
and infants; vaccination campaigns for measles, meningitis, and other
illnesses; and health education.
Although the Government dedicated approximately 25 percent of the
national budget to education and the law provides for free compulsory
education, the Government lacked the means to provide universal, free
primary education. If a child qualified on the basis of grades and
social condition (that is, the family was ``poor''), free education
could continue through junior high and high school. In practice the
family condition requirement often was ignored, giving many children a
free education through high school. Many children, especially girls,
did not attend school; girls represented only 38 percent of school
enrollment. The Government has taken steps to promote primary education
for girls. Girls made up approximately one-third of the total student
population in the primary school system and were represented in the
secondary and higher educational systems, although the percentage
decreased significantly beyond the primary level. Schools in rural
areas had even lower percentages of female students than schools in
urban areas, and illiteracy for girls in the rural areas ran as high as
95 percent. The Government set up a scholarship program for female
secondary students to encourage them to stay in school. The estimated
adult literacy rate was 23 percent. The rate of male literacy was
approximately 30 percent and female literacy was 9 percent.
FGM was performed commonly on young girls (see Section 5, Women).
There were reports of trafficking in children (see Section 6.f.).
Persons with Disabilities.--There was no legislation to protect
persons with disabilities from discrimination. While there were modest
government subsidies for workshops for persons with disabilities, there
was no government mandate or legislation concerning accessibility for
persons with disabilities. Programs to aid persons with disabilities
were limited, and their advocates reported that such persons often
faced social and economical discrimination. Persons with disabilities
who were willing and able to work frequently found it difficult to find
employment, including in government service, because of deeply
entrenched societal attitudes which held that persons with disabilities
should be under the care of their family and should not enter the
workforce.
Section 6. Worker Rights
a. The Right of Association.--The Labor Code was amended several
times during the past decade. Under the Labor Code, workers, including
civil servants, enjoyed a legal right of association, which was
recognized under the Constitution. There were 4 major labor
confederations and 12 autonomous trade unions linked by a national
confederate committee. They represented a wide ideological spectrum;
the largest and most vocal member espoused a socialist doctrine.
Approximately 85 percent of the workforce was engaged in subsistence
agriculture. Of the remainder, approximately 50 percent of private
sector employees and 60 percent of public sector employees were union
members. Essential workers, such as police, could not join unions.
The Labor Code prohibits antiunion discrimination. The Labor
Ministry handled 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
believed that this system functions adequately.
Labor unions may affiliate freely with international trade unions.
Both the National Confederation of Burkinabe Workers (CSB) and the
National Organization of Free Trade Unions (ONSL) were affiliated with
the International Confederation of Free Trade Unions (ICFTU).
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 were
governed by minimums on wages and other benefits contained in the
Inter-professional Collective Convention and the Commercial Sector
Collective Convention, which were established with government
participation. If no agreement was reached, employees could exercise
their right to strike. Either labor or management could refer an
impasse in negotiations to labor tribunals. Appeals could be pursued
through the Court of Appeal to the Supreme Court, whose decision was
binding on both parties. Collective bargaining was extensive in the
modern wage sector, but it encompassed only a small percentage of
workers.
The Constitution provides for the right to strike, and workers used
strike actions to achieve labor goals. Labor organizations called many
strikes during the year to advance worker objectives, such as opposing
the privatization of state-owned enterprises and demanding salary and
pension increases. The Collective of Mass Organizations and Political
Parties called strikes to press for justice in the aftermath of the
1998 Zongo killings. There was no governmental interference in these
demonstrations and strikes.
On April 23 and 24, a strike, which was organized by all the major
trade union federations and autonomous unions, shutdown public
institutions and private enterprises throughout the country. There also
were strikes by bus drivers and insurance employees during the year.
The International Labor Organization (ILO) Committee of Experts has
expressed concern about the right to strike of public servants,
particularly the law that allows the authorities to requisition
striking civil servants and state officials. The ILO has been critical
of the law for years for defining essential services too broadly and
opening the door for abuse by the authorities.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports of
household employment of children outside their own families without any
status or formal remuneration as well as the procurement and
exploitation of young immigrant girls (see Section 6.f.). In
cooperation with donors, the Government has undertaken many
sensitization programs to inform children and parents of the dangers of
sending children away from home to work.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code sets the minimum age for employment at 14
years; however, child labor was a problem. In the domestic and
agricultural sectors, the law permits children under the age of 14 to
perform limited activities for up to 4.5 hours per day; however, many
children under the age of 14 years worked longer hours. According to a
pamphlet published by the Ministry of Labor in 2000, more than 50
percent of children worked, largely as domestic servants or in the
agricultural or mining sectors. Children commonly worked with their
parents in rural areas or in family-owned small businesses in villages
and cities. Most children actually began working at an earlier age on
small, family subsistence farms, in the traditional apprenticeship
system, and in the informal sector. According to a recent study by the
ILO, 70 percent of child workers were in the informal sector. There
were no reports of children under the age of 14 employed in either
state or large private companies.
The Ministry of Employment, Labor, and Social Security, which
oversees labor standards, lacked the means to enforce this provision
adequately, even in the small business sector. In cooperation with
UNICEF, the ILO, and local NGOs in 1997, the Government developed a
national plan of action on child labor. During the year, the Government
worked to update this plan of action; the updated plan was pending the
National Assembly's approval at year's end. The International Program
to Eliminate Child Labor (IPEC) has been working with the Government
since 1999 to fund child labor projects. The Government also has
organized workshops and produced films and a television series on the
problem of child labor.
e. Acceptable Conditions of Work.--The Labor Code mandates a
minimum monthly wage, which was approximately $40 (28,811 CFA francs)
in the formal sector; it did not apply to subsistence agriculture. The
Government last set a minimum wage in 1996; it did not provide a decent
standard of living for an urban worker and family. Wage earners usually
supplemented their income through reliance on the extended family,
subsistence agriculture, or trading in the informal sector. The Labor
Code also mandates 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.
A system of government inspections under the Ministry of
Employment, Labor, and Social Security and the labor tribunals was
responsible for overseeing occupational health and safety standards in
the small industrial and commercial sectors, but these standards did
not apply in the subsistence agricultural sector. The Government paid
social security benefits on a sliding scale according to an employee's
length of service and pay, up to a ceiling of $308 (approximately
221,000 CFA francs) per month, and payments were timely. However, the
Government's Labor Inspector Corps did not have sufficient resources to
fulfill its duties adequately. Every company was required to have a
work safety committee. If a workplace was declared unsafe by the
Government's Labor Inspection Office for any reason, workers had the
right to remove themselves from the dangerous work without jeopardy to
continued employment. In practice there were indications that this
right was respected, but such declarations by the Labor Inspection
Office were relatively rare.
Foreign workers, both legal and illegal, were protected by the law
governing working conditions in the formal sector.
f. Trafficking in Persons.--There was no law that specifically
criminalizes the act of trafficking; however, a range of other relevant
laws may be used to prosecute traffickers. The Constitution
specifically prohibits slavery, inhumane treatment, and mistreatment of
children and adults, and the Penal Code prohibits kidnaping, violence,
and mistreatment of children; however, trafficking of children and
women was a problem.
In April 2001, for the first time a court tried an accused child
trafficker, and he was sentenced to 3-months' suspended prison time.
The Government provided initial shelter to the child victims and helped
return them to their homes. Some children asserted that they were going
voluntarily to Cote d'Ivoire in search of work.
The Ministry of Social Affairs and the Directorate of Labor Health
and Security, Child Labor, and Trafficking Division of the Ministry of
Labor implement and enforce child labor laws and regulations. Despite
good intentions, the Government only has limited resources to combat
trafficking in women and children.
The country was a source, transit, and destination country for
internationally trafficked persons, including children. It was an
occasional source country for women who traveled to Europe to work as
domestics but upon their arrival were exploited sexually. The country
was a transit point for trafficked children, notably from Mali.
Children from Mali often were trafficked to Cote d'Ivoire. Malian
children also were trafficked into the country. Destinations for
trafficked Burkinabe children included Cote d'Ivoire, Ghana, and
Nigeria.
In many instances, children voluntarily traveled to Cote d'Ivoire
to work as agricultural laborers to escape poverty at home; however, in
other cases, children were lured to plantation work in Cote d'Ivoire by
false promises of generous remuneration, only to be forced to work
under very harsh conditions for little or no payment. Some children
were forced to work long hours without pay, allegedly to repay costs of
their transport to Cote d'Ivoire and the costs of food and housing on
the plantation.
The Government worked with international donors and the ILO to
address child trafficking. The Government also organized seminars
against child trafficking for customs officers. During the year,
similar workshops and seminars were organized for gendarmes and the
civil society.
During the year, in coordination with donors, the Government
started a program to establish watch committees in certain provinces in
which child trafficking and labor were problems. The watch committees
included representatives of industries usually implicated in child
labor (cotton growers, for example), the police, NGOs, and social
welfare agencies.
Since August 2001, the Coalition in Burkina Faso for Children's
Rights (COBUFADE) conducted, in conjunction with IPEC, a sensitizing
campaign on child labor to develop and strengthen children's rights.
The campaign targeted at least 30,000 working children in various
sectors, 3,000 employers, 5,000 business and social leaders, and 250
associations. In addition, in June IPEC initiated a program of action
to prevent child trafficking for work purposes on cotton plantations,
and the program was expected to run from October through September
2003.
__________
BURUNDI
Prior to the inauguration of a transitional government in November
2001, Burundi was ruled by an authoritarian military regime led by
self-proclaimed interim President Pierre Buyoya, a former army Major
who was brought to power in a bloodless coup by the largely ethnic
Tutsi armed forces in 1996 and who abrogated the Constitution.
President Buyoya held power in conjunction with a political power
structure dominated by members of the Tutsi ethnic group. Since 1993
the civil war has caused thousands of civilian deaths and mass internal
displacement. In July 2001, President Buyoya and the regional leaders
signed an agreement to begin the 3-year transition period agreed to in
peace negotiations on November 1, 2001. The two major armed rebel
groups declined to join the peace process. A Transition Constitution
was adopted in October 2001, and on November 1, 2001, Buyoya was sworn
in as president; Domitien Ndayizeye, the secretary general of the
predominantly ethnic Hutu opposition party FRODEBU, was sworn in as
vice president. Under the agreement, Buyoya will serve as transition
president for 18 months and then be succeeded by Ndayizeye, who will
serve 18 months as transition president. Continued efforts to negotiate
a cease-fire with the two largest rebel groups were unsuccessful.
Political parties operated under significant restraints. The judiciary
was controlled by the ethnic Tutsi minority and was not impartial or
efficient.
The security forces were controlled by the Tutsi minority and
consisted 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. The Government created the
Guardians of the Peace, armed paramilitary civil defense units, to
serve in Bujumbura, the suburbs of Bujumbura, and Bujumbura Rural,
Ruyigi, Rutana, and Bururi Provinces. The civilian authorities did not
maintain effective control of the security forces. Members of the
security forces continued to commit numerous serious human rights
abuses.
The country, which has a population of 6.4 million, was poor, and
approximately 90 percent of the population was dependent on subsistence
agriculture. Many internally displaced persons (IDPs) were unable to
grow food and depended largely on international humanitarian
assistance. The civil war has caused severe economic disruption,
especially to the small modern sector of the economy, which was based
mainly on the export of coffee, tea, and cotton. The country's GDP
dropped from $4.1 billion in 1998 to $662.4 million in 2001, and wages
have not kept pace with inflation. The Government continued its plans
to privatize publicly-owned enterprises, but made little progress
during the year.
The Government's human rights record remained poor, and it
continued to commit numerous serious abuses. Citizens did not have the
right to change their government. Security forces continued to commit
numerous arbitrary and unlawful killings with impunity. 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. Impunity for those who committed 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, beat, rape, and otherwise
abuse persons. Despite some improvements, prison conditions remained
very poor in general and sometimes life threatening. Arbitrary arrest
and detention, and lengthy pretrial detention were problems, and there
were reports of incommunicado detention. The court system did not
ensure due process or provide citizens with fair trials. The Government
infringed on citizens' privacy rights. The Government controlled the
media and restricted freedom of speech and of the press. It also
restricted freedom of assembly, association, and movement. Since 1993
the civil war has caused thousands of civilian deaths and massive
internal population displacement. The armed forces sometimes limited
access to certain areas by human rights observers, citing security
conditions. Violence and discrimination against women continued. The
Government did not protect the rights of children, and child
prostitution was a problem. Discrimination against persons with
disabilities, indigenous Twa (Pygmies), and state discrimination
against Hutus remained serious problems. Societal discrimination
between the Hutus and Tutsis continued. Incidents of ethnically
motivated property destruction and killing occurred throughout the
country. Soldiers required persons, including children, mostly Hutus,
to perform forced labor. Child labor, including forced labor, was a
problem.
Hutu rebels also continued to commit numerous serious abuses
against civilians, including killings, rapes, theft, forced labor, and
the abduction of children to serve as soldiers in the ongoing conflict
between rebel and government forces.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
committed numerous unlawful killings of Hutu and Tutsi civilians
following fighting with rebels, in reprisal for rebel attacks, and for
suspected collaboration with rebels. Civilians also were killed during
fighting between government and rebel forces (see Section 1.g.). There
were reports of deaths and injuries caused by the explosion of
landmines laid by both government and rebel forces. Government troops
rarely were disciplined for killing civilians.
There were no developments in the July 2001 killings in the Kiriri
section of Bujumbura Rural Province, where government soldiers killed
11 civilians in retaliation for the July 9 killing of a soldier who had
threatened to rape a woman and who had attempted to extort money and
beer.
Security forces violently dispersed demonstrations, resulting in
numerous deaths and injuries (see Section 2.b.).
The Government's widespread use of torture continued; however,
unlike in the previous year, there were no reports of deaths as a
result of torture in custody (see Section 1.c.).
On July 18, the army arrested and killed one of its soldiers;
subsequent media photos indicated that the soldier had been tortured,
according to League Iteka, a local human rights nongovernmental
organization (NGO). No action had been taken against those responsible
by year's end.
Harsh prison conditions contributed to the deaths of prisoners from
disease and malnutrition.
The reopening of the investigation into the 1993 assassination of
President Melchior Ndadaye, which was scheduled to occur in January
2001, did not take place, and the Government was unlikely to take any
further action in the case.
Comprehensive and accurate information about landmines was hard to
obtain; however, there were credible reports of deaths and injuries
during the year when landmines laid by government or rebel forces
exploded (see Section l.g.).
There were several high-profile killings by unknown actors during
the year. For example, on January 4, the body of Elvis Makhado, a
civilian member of the South African Protection Force, was discovered
in the Kinama suburb of Bujumbura; the motive for the killing was
believed to be robbery. On September 7, two unidentified gunmen killed
Samuel Nimubona, leader of World Outreach Initiatives (WOI), which
funded the private radio station Radio Ivyizigiro, in Bujumbura. There
were no arrests in connection with the killings by year's end.
In November 2001, Kassi Manlan, the local representative of the
World Health Organization (WHO), was killed in an apparent robbery
attempt. On December 21, Manlan's assistant and four guards were
arrested and charged with the killing; they remained in custody at
year's end with no trial date scheduled.
Rebels killed numerous persons during the year and committed
serious abuses against the civilian population (see Section 1.g.).
There were no reports that rebel forces prosecuted or punished members
of their groups who were responsible for the abuses.
In May members of the opposition party FRODEBU, which was mostly
ethnic Hutu, attempted to kill Agathon Rwasa, the leader of the rebel
National Liberation Forces (FNL); two FNL bodyguards were killed during
the attempt. There were unconfirmed reports that FNL spokesman
``Anicet'' subsequently was accused of complicity in the attack and
starved to death on Rwasa's orders.
Media and NGO reports indicated that more than 200,000 persons,
mostly civilians, have been killed in ethnic violence since October
1993. One international NGO estimated the number to be between 100,000
and 120,000. No credible countrywide casualty figures were available.
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 or the
victims. Much of the unlawful killing and property destruction during
the year was concentrated in the province around the capital and in the
southern and eastern provinces of Bururi, Makamba, Rutana, and Ruyigi,
as well as in the central and western Provinces of Muramvya, Mwaro, and
Cibitoke.
On June 14, in Cibitoke Province, FNL rebels reportedly killed 13
civilians in a roadside ambush.
There were reports of mob violence and lynchings. For example, on
May 9, in Kunama, Bubanza Province, residents reportedly lynched two
people accused of practicing witchcraft and sorcery. On May 19,
residents of Muramba, Bubanza Province, reportedly bludgeoned to death
two bandits they accused of being affiliated with FNL rebels.
There were a number of urban bombings during the year. For example,
on April 10, in the village of Murama, Muyinga Province, a grenade
explosion reportedly killed 4 civilians and injured 13 at an outdoor
cafe. On August 23, a grenade exploded in a crowded market in Bujumbura
and killed 3 persons and injured 20 others. No group claimed
responsibility for either incident, and no arrests were made by year's
end.
In 2001 the Chief Prosecutor stated that the Government would
create special ad hoc committees to investigate several urban bombing
incidents in 2000 and 2001; however, no action had been taken by year's
end, and no suspects had been identified.
b. Disappearance.--Human rights groups reported that abductions and
disappearances occurred during the year. Rebels were responsible for
many of the disappearances; rebels kidnaped and raped women.
On January 18, Rwandan-backed rebels from the Congolese Rally for
Democracy based in Goma (RCD/G) and agents of the Rwandan government
reportedly deported members of the Banyamulenge refugee community. The
Banyamulenge claimed the deportations were in retaliation for their
support of dissident former RCD/G Commander Patrick Masunzu; the
Government claimed the deportations were a result of Banyamulenge
involvement in arms trafficking. According to the UNHCR, the
Banyamulenge were deported safely from the country.
On May 18, rebels from the the Forces for the Defense of Democracy
(FDD) killed two gendarmes and kidnaped Evariste Nduryibua, the
Catholic Bishop of Ruyigi, near the Kiriba forest; the Bishop was
released unharmed on May 23.
On May 27, in the town of Buhonga, Bujumbura Rural Province, two
persons disappeared during an ambush perpetrated by rebels of unknown
affiliation, according to League Iteka. No action had been taken
against the responsible rebels by year's end, and the whereabouts of
the victims remained unknown.
On August 29, in Makamba Province, armed intruders kidnaped a
university student from his parents' house. The victim was later
released after a ransom was paid. No action had been taken against the
responsible kidnapers by year's end.
In November Human Rights Watch (HRW) interviewed a child soldier
who had been kidnaped in November 2001 when he was 11 years old by FDD;
he claimed to have been forced to work as a porter and to perform other
general tasks for the FDD. The youth, who said he had tried to escape 4
times and repeatedly was beaten, reported that numerous other child
soldiers between 14 and 16 years of age had been kidnaped and were
working with the FDD.
There were no further developments in the August 2001 case in which
rebels abducted four persons in Rumonge commune. Two of the four
remained missing at year's end, and no action had been taken against
the responsible rebels.
In November 2001, FDD rebels kidnaped approximately 250 Musema high
school students; the remaining captive students were released in
January.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transition Constitution prohibits such practices;
however, members of the security forces continued to torture and
otherwise abuse persons. Persons died from torture during the year (see
Section 1.a.).
On March 1, League Iteka released its annual report, which charged
that torture remained widespread in the country. In June Human Rights
Minister Alphonse Barabcirca reportedly said that torture remained a
daily occurrence for citizens of the country.
In September Amnesty International (AI) released a report
indicating that the torture of children in prisons was widespread.
Based upon interviews that were conducted in March, the report detailed
beatings using electric flexes, sticks and other weapons, beatings on
the soles of feet and joints, and being tied in excruciating positions
for long periods of time. The report noted that the children
interviewed displayed scars consistent with their stories and that the
practice of incarcerating children with adults exposed the children to
sexual abuse while in detention.
In October 2001, the Burundian Association for the Defense of the
Rights of Prisoners (ABDP), a local NGO, conducted a survey on the use
of torture in Mpimba prison in Bujumbura and in the provincial prisons
and detention centers in Rumonge, Gitega, Rutana, Muramvya, Ruyigi,
Bubanza, Bururi, and Ngozi Provinces. The ABDP estimated that prison
officials and security forces had tortured up to 45 percent of the
prison population.
On June 4, in the town of Buhiga, Karuzi Province, soldiers
tortured two persons, according to League Iteka. No action had been
taken against those responsible by year's end.
No action reportedly was taken in the March 2001 case in which
police in Gitega tortured Methode Nkurunziza, who later died; and in
the May 2001 case in which a district administrator and three merchants
in Bweru commune, Ruyigi Province, beat to death Emmanuel Ntikarahera.
Security forces beat at least one journalist during the year (see
Section 2.a.).
Unlike in the previous year, there were no specific reports that
members of the security forces raped women.
No action had been taken by year's end against the responsible
parties in the following 2001 rape cases: the rapes by soldiers of
numerous women following fighting in February and March between
security forces and rebels; the April rape of an 80-year-old woman in
Kinama by 3 soldiers and a civilian; and the July rape by soldiers of a
12-year-old girl.
Security forces used excessive force to disperse demonstrations,
resulting in deaths and injuries during the year (see Section 2.b.) No
action had been taken by year's end against the gendarmes who beat
representatives of the G-8 Tutsi parties after preventing them from
holding a press conference in May 2001 in Bujumbura.
Government troops used excessive force in areas where there were
civilians and sometimes targeted Tutsi civilians (see Section 1.g.).
No action was taken against members of the security forces
responsible in the following 2000 cases: The February beatings by
police of several demonstrators; the February torturing to death of a
domestic servant by a police officer; the May torture and decapitation
of a man in the Kavumu regroupment camp; the November case in which
government troops injured civilians after forcing them to remove
foliage near a battleground; the December case in which security forces
forcibly dispersed a group of students; and the numerous rapes of women
in regroupment camps by government soldiers.
Impunity for those who committed 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.
The security forces did not cooperate with civilian prosecutors or
magistrates, especially in investigations involving members of the
security forces.
Several persons were killed or injured during the year when
landmines laid by government and rebel forces exploded (see Section
1.g.).
Members of the Guardians of the Peace were unpaid and poorly
trained; some were conscripted. There were credible reports that the
Guardians of the Peace also recruited children to provide a quasi-
police presence in public places such as markets; some of these
children reportedly were sent to the front lines. Members of the
Guardians of the Peace were required to turn in their weapons and
ammunition at the end of their shifts and to account for any missing
ammunition; it was unknown if this occurred in practice. There were
credible reports that members of the Guardians of the Peace beat,
raped, harassed, extorted money from and in some instances killed
civilians.
Rebels killed, beat, and stole from civilians, and kidnaped and
raped women (see Sections 1.b. and 1.g.).
On February 14, a 12-member commission released a report to the
Minister of Justice, which noted severe overcrowding, dangerous
conditions for both guards and inmates, deficiencies in both food and
hygiene, and prolonged pretrial detention; however, a UNICEF report
released in May indicated that progress had been made in terms of
prison sanitary conditions, food and education programs.
Prison conditions remained harsh and sometimes life threatening.
Conditions in prisons run by the Ministry of Justice continued to
improve, largely due to efforts by the ICRC and a local NGO to improve
sanitation, hygiene, medical care, food, and water. Prisoners still
relied on family members to provide an adequate diet, and some
prisoners died from disease and malnutrition. According to government
officials, prisoners suffered from digestive illnesses, dysentery, and
malaria. Severe overcrowding persisted. According to the Government,
9,013 inmates were held in facilities built to accommodate a maximum of
3,650 persons during the year. A local NGO estimated that the prison
population was more than 12,000.
Women were detained separately from men. There were approximately
160 children in prisons during the year; juvenile prisoners were held
with and often treated as adults. Children sometimes were subjected to
torture or sexual exploitation. Political prisoners often were not held
separately from convicted prisoners. Pretrial detainees generally were
held in detention camps; however, some also were incarcerated with
convicted prisoners.
International and local human rights monitors were permitted to
visit most prisons and to speak with inmates; however, they were denied
access in some cases (see Section 4). The ICRC reached a formal
agreement in 2001 with the Interior Ministry regarding access to
prisoners and detained persons, including persons detained for
``reasons relating to the conflict.'' Similar agreements between the
ICRC and the Ministries of Justice and Defense already were in place.
The Ministries cooperated with the ICRC.
d. Arbitrary Arrest, Detention, or Exile.--The criminal code
prohibits arbitrary arrest, detention, and exile; however, the code was
not respected, and security forces arbitrarily arrested and detained
persons. The law requires arrest warrants, and presiding magistrates
were authorized to issue arrest warrants. Police and gendarmes could
make arrests without a warrant but were required to submit a written
report to a magistrate within 48 hours. The criminal code requires that
suspects appear in court within 7 days; however, not all aspects of the
code were respected, particularly the section that requires that
detainees be charged and appear in court within 7 days of their arrest.
The U.N. reported some improvement in this area during the year. A
magistrate could 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
police were 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. Human rights organizations and the
U.N. reported that incommunicado detention existed, although the law
prohibits it. Bail was permitted in some cases. Limits on the length of
pretrial detention were not respected.
The disruption of the political process and the generally poor
security conditions severely impeded the judicial process. The majority
of persons arrested on criminal charges since October 1993 remained in
pretrial custody. The ICRC estimated that 2,000 to 3,000 persons were
held in pretrial detention in the approximately 60 temporary detention
camps run by the ICRC. Family members were expected to provide all food
for detainees, although in some instances family members were not
notified of the detention of their relatives. There were credible
reports that some detainees were kept in these camps, which were
designed for temporary use, for extended periods of time.
There were numerous instances of arbitrary arrest, including an
arrest of a journalist and arrests of demonstrators during the year
(see Sections 2.a. and 2.b.). Police also arrested a union member
during the year (see Section 6.a.)
Opposition politicians also were arrested arbitrarily. For example,
on October 6, the presidential police arrested Charles Mukasi, head of
the opposition political party UPRONA, in advance of his party's
national congress; he was released on November 29. On November 2, the
Government placed under house arrest former President and PARENA party
leader Jean-Baptiste Bagaza, who on June 29 had returned from self-
imposed exile. Bagaza remained under house arrest at year's end.
The law does not provide for forced exile, and the Government did
not use forced exile as a means of political control; however, many
persons remained in voluntary exile in Belgium, Kenya, Tanzania, the
Democratic Republic of the Congo (DRC), and elsewhere. Some senior
authorities kept members of their families outside the country.
Pancrace Cimpaye, the publisher of the FRODEBU opposition newspaper La
Lumiere, remained outside the country at year's end. A significant
number of self-exiled Hutu politicians moved back to Burundi during
2001; however, 31 reportedly returned only with the understanding that
South African forces would protect them.
e. Denial of Fair Public Trial.--The Transition Constitution
provides for an independent judiciary; however, in practice the
judiciary was not independent of the executive and was dominated by
ethnic Tutsis. Many citizens have lost confidence in the system's
ability to provide even basic protection. Reform of the judicial system
was a priority of the 2000 peace accord, which has not yet been fully
implemented. An international human rights organization estimated that
ethnic Hutus accounted for only 10 percent of the country's lawyers and
5 percent of High Court judges; in lower courts, 10 percent of the
judges were Hutu, although Hutus constituted an estimated 85 percent of
the population. This discrepancy in part was due to unequal access to
education, and in part to the conflict because a number of Hutu judges
and lawyers were killed or fled the country. Most citizens assumed that
the courts promoted the interests of the dominant Tutsi minority;
members of the Hutu majority believed that the judicial system was
biased against them. The Chief Prosecutor, who was Hutu, continued to
lead the Government's effort to recruit Hutu attorneys living abroad to
return to the country; during the year, 10 of those who returned were
hired to serve as magistrates.
The judicial system was divided into civil and criminal courts with
the Supreme Court at the apex. The armed forces had a separate judicial
system, and there was a labor court.
The law provides for an independent military court system, which in
practice was influenced by the executive and higher ranking military
forces. Courts of original jurisdiction for lower ranking military
offenders were called ``War Councils,'' and one existed in each of the
five military districts. A court martial tribunal of appeals heard
appeals of war council decisions and also had trial jurisdiction for
mid-ranked military offenders up to the rank of Colonel. Military
courts had jurisdiction over military offenders and civilians accused
of offenses implicating members of the military. Defendants were not
provided attorneys to assist in their defense, although NGOs have
provided some defendants with attorneys in cases involving serious
charges. Trials generally were open to the public; however, they could
be closed for compelling reasons, such as national security or
``scandalous accusations against prominent people.''
In all cases, the Constitutional Court has the ultimate appellate
authority; however, in practice few cases of lower ranking offenders
reached this level. Procedures for civilian and military courts were
similar; however, military courts reached decisions more quickly, and
trials generally failed to meet internationally accepted standards for
fair trials.
Citizens generally did not have regular access to civilian and
military court proceedings. Defendants in theory were presumed innocent
and had the right to appeal; however, in practice the structure of the
court system inappropriately limited the possibility of appeals of
defendants accused of the most serious crimes, according to legal
observers. While defendants had a right to counsel and to defend
themselves, in practice few had legal representation. The civil court
system functioned, but the lack of a well-trained and adequately funded
judiciary limited expeditious proceedings.
The criminal code provides for suspects' rights to a lawyer before
official charges were filed and during pretrial investigations.
Authorities sometimes were unable to carry out their investigations or
transport suspects and witnesses to the appropriate court because of
lack of resources and poor security conditions. The Government
postponed fewer trials than in previous years.
According to the law, persons had the right to appeal to the
military's court of appeal, then to the Supreme Court, and then to the
President for clemency; however, this did not occur in practice.
The traditional Burundian court system, the ``Bashingantahe,''
stressed settlement and reconciliation of disputes and was recognized
officially by the Government. A Bashingantahe opinion often was
necessary before access was granted to the formal civil court system.
The Bashingantahe was limited to civil and minor criminal matters and
had no jurisdiction over serious criminal matters.
The Government held political prisoners. An international
organization estimated that up to 2,000 of all convicted inmates were
being held for political crimes; however, no reliable figures were
available. Charges against defendants convicted for nonpolitical crimes
sometimes were politically motivated. In December 2001, a commission of
international legal experts arrived in the country to examine the
judicial system and to identify political prisoners. An ad hoc
committee has been formed but has yet to make any recommendations
concerning the release of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Transition Constitution provides for the right to
privacy; however, the authorities did not respect the law requiring
search warrants. Security forces widely were believed to monitor
telephones regularly.
There were numerous reports during the year that the army looted
and destroyed houses whose occupants were accused of harboring rebels
(see Section 1.g.).
During April and May, in Ruyigi Province, the army forced more than
30,000 civilians from their homes into ``protection camps.'' Soldiers
reportedly forced people to walk to the camps by firing rifles into the
air. The army denied NGOs access to the camps to aid those suffering
from malnutrition and disease. Camp residents, who were denied adequate
food, sanitation facilities, and water, were allowed to cultivate their
fields only 2 days a week. Soldiers reportedly stole livestock from the
local population and cooked it with firewood obtained by chopping up
desks stolen from a local school.
A National Assembly committee on human rights launched an
investigation into the May 2000 arrest of seven residents of the Kavumu
regroupment camp, one of whom was found decapitated; however, no
findings were made public by year's end.
There were numerous reports of rebel forces imposing taxes on the
civilian populace and confiscating property such as chickens, cattle,
and other items of value (see Section 1.g.).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--The ongoing conflict resulted in numerous serious
abuses against the civilian population by government and rebel forces
during the year; generally no action was taken against the
perpetrators. Government forces killed numerous Hutu and Tutsi
civilians following fighting with rebels, in reprisal for rebel
attacks, and for suspected collaboration with rebels. Abuses included
civilian massacres, the looting and burning of houses, armed attacks on
noncombatants, the conscription of children into the military, the
displacement of sizable numbers of persons, and the rape of women.
Security forces prevented international humanitarian aid agencies from
reaching some areas of the country (see Section 2.d.).
On August 22, army spokesman Colonel Augustin Nzabampema warned
that civilians who did not disassociate themselves from rebel forces
would be considered enemies. On August 26, the Minister of the Interior
and Public Security issued a statement in support of the warning and
reiterated that civilians complicit with the rebels would be considered
rebels themselves.
In February armed forces in Bubanza Province killed 30 Hutu
civilians, many of whom were burned to death or killed with bayonets.
In May 12, in Giharo commune, Rutana Province, members of the army
and Guardians of the Peace reportedly killed several civilians and
looted and burned houses. HRW reported that on July 19, in Kiganda
commune in Muramvya Province, the army killed approximately 30
civilians.
During an August 4 shootout with alleged FNL rebels in the town of
Migera, Bujumbura Province, government soldiers reportedly killed 18
civilians who had just left a church mass.
HRW reported that on August 25, in Rutegama commune, Muramvya
Province, the army killed more than 50 civilians.
In the largest reported massacre of civilians during the year, on
September 9, army soldiers reportedly killed more than 500 civilians in
Itaba commune, Gitega Province. On October 3, the Government arrested
three army officers, who remained in prison at year's end, in
connection with the massacre.
No action reportedly was taken against members of the security
forces responsible for the following killings in 2001: The February
killings in Kinama of more than 200 civilians accused of collaboration
with the rebels; the February killings in Gishubi commune, Gitega
Province, of more than 50 civilians by government forces; the March
killings in Kanyosha commune of 2 women following a battle with rebel
forces; the April killings in Ruburizi section of Bujumbura Rural
Province of approximately 30 civilians; the June killing of 9 civilians
in Bujumbura who were mistaken for rebels; the October 25 killings in
Bubanza Province of at least 6 women and 2 children; the October
killings in Muzinda, where government forces killed 11 civilians,
including 2 students; and the November killings in Maramya, Bujumbura
Rural Province, of 42 civilians.
The soldier arrested for the April 2000 killing of a local
Bujumbura government official and four members of the official's family
allegedly in retaliation for the killing of four soldiers by rebels
remained in detention pending trial at year's end.
No action was taken, nor is any likely to be taken, against members
of the security forces responsible for the following killings in 2000:
The June killings of 69 persons in Taba commune, Gitega Province; the
July killings of 53 persons by soldiers in Butaganzwa commune, and the
August killings of 35 civilians by soldiers in Nyambuye zone, Bujumbura
Rural Province.
In many cases, it was unknown whether government or rebel forces
were responsible for the killings of civilians during the course of
fighting. For example, on April 6, in the town of Gihanga, Bubanza
Province, more than 20 civilians were killed during a conflict between
government and rebel troops. On August 26, in the towns of Muyira and
Nyambuye, Bujumbura Rural Province, 30 civilians, including 17 women
and 7 children, were killed. On September 21, in Kabezi commune,
Bujumbura Rural Province, 1 child was killed and 40 civilians were
injured during an army attack against FNL rebels.
Landmines placed by government or rebel troops continued to result
in civilian deaths and injuries. There were reports that the Government
continued to lay landmines during the year. According to League Iteka,
on June 22 in Rusengo, Ruyigi Province, one person was killed and two
were injured when their bus struck a landmine. In a similar incident on
July 16, one person was killed and two were injured when their van
struck a landmine.
Rebels killed, beat, and stole from civilians, and kinaped and
raped women (see Section 1.b.).
Rebel forces killed numerous civilians during the year and
committed serious abuses against the civilian population. Hutu rebels
killed Hutu and Tutsi civilians; Hutu rebels sometimes deliberately
targeted and killed Tutsis. There are no definitive statistics
available on how many persons were killed by Hutu rebels. The
Government stated that rebels were responsible for the majority of
civilian casualties. There were no reports that rebel forces prosecuted
or punished any members of their groups who were responsible for the
abuses.
Rebels also killed a priest, administrative leaders, a journalist,
and civilians suspected of collaborating with the Government (see
Sections 1.a. and 2.c.). For example, on May 7, in the town of
Kazirame, Bujumbura Rural Province, FNL rebels reportedly killed 10
civilians for allegedly collaborating with the national army. On June
14, in Cibitoke Province, FNL rebels reportedly killed 13 civilians in
a roadside ambush. On August 7, rebels attacked the Kabezi commune and
killed 20 persons. On October 8, in the town of Ruyigi in Ruyigi
Province, FDD rebels killed 2 administrative leaders; and on October
10, in the town of Ngeru, they killed another administrative leader. No
action had been taken against any of the perpetrators by year's end.
Rebel forces reportedly often killed persons for their refusal to
pay ``taxes'' to rebels. There were numerous reports during the year
that Hutu rebels ambushed minibuses carrying persons on national
highways, and robbed and killed the occupants. U.N. security forces
reported numerous ambushes during the year; however, no exact figure
was available.
In 2001 there also were numerous cases in which rebel forces
ambushed vehicles.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Transition Constitution does
not impose restrictions on the media; however, the Government
restricted freedom of speech and of the press. A press law requires
that newspaper articles undergo review by a government censor 4 days
before publication. The Government controlled the media and harassed
and detained journalists. Journalists practiced self-censorship.
The Government restricted freedom of speech during the year;
however, unlike in the previous year, there were no reports that
security forces arrested persons for making false statements.
Unlike in the previous year, the Government did not interrogate NGO
employees.
The Government controlled much of the news, since it owned the only
regularly published newspaper and the major radio and television
stations. The Government-owned newspaper Le Renouveau was published
three times a week. The one opposition newspaper, La Lumiere, ceased
publication in March 2001 after it published lists of colonels, their
hometowns, and their ownership shares in parastatal companies; the
owner received threats from unknown persons and as a result decided to
cease publishing (see Section 1.d.). Political tracts circulated, and
two private faxed newsheets, Azania and NetPress, were published almost
daily and represented mainly Tutsi political viewpoints. In February
the Government banned Netpress, claiming that it imposed the ban to
defend professional journalistic standards; other reports charged that
the Government disagreed with the content of the publication. The ban
was lifted on February 22.
On March 16, the Government suspended Azania for 1 month, and
accused it of plagiarizing stories.
On July 31, the Government banned the newspaper PanAfrika for
publishing ``extremist and subversive'' material regarding the
dismissal of Mathias Hitimana, the former Minister of Energy and Mines.
The Government and its security forces harassed journalists,
questioned and detained them, and searched and seized their property.
On March 7, the Government arrested journalist Aloys Niyoyita, who was
beaten before being released without charge after 4 hours in custody.
The Government-owned radio broadcast in the Kirundi language,
French, and Swahili, and offered limited English programming. The
independent radio station, Radio Bonesha, formerly Umwizero, continued
its broadcasts in French, Kirundi, and Swahili, and the independent
station Radio Public Africa (APR) broadcast in French, Kirundi, and
Swahili; both stations received funding from international donors.
Listeners could receive transmissions of the British Broadcasting
Corporation (BBC), the Voice of America, and Radio France
Internationale. Citizens were allowed to work as local stringers for
foreign news organizations and filed reports regularly. Due to
widespread poverty and limited literacy, radio remained the most
important medium of public information.
The Government remained very sensitive to reporting on the
country's internal conflict, and continued to threaten independent
radio stations with shutdown if they disseminated reports that
contradicted the official line.
On May 15, APR broadcast journalist Alexis Sinduhije was summoned
to appear before a committee composed of the chief of intelligence and
the Ministers of Defense, Interior, and Communications. Sinduhije was
accused of compromising a defense secret by broadcasting a story about
a national defense operation under preparation. The National
Communications Council subsequently warned journalists to respect
defense secrets, broadcast only truthful information, and respect the
private lives of citizens.
On May 16, the National Communications Commission issued an order
prohibiting APR from broadcasting interviews with rebel leaders or
reporting further on the November 2001 murder of Dr. Manlan, the
country director for WHO (see Section 1.a.). On June 1, five APR
journalists were summoned to appear before the Prosecutor General and
admonished for reporting on Manlan's murder; however, no further action
was taken against the journalists.
On July 8, the National Radio and Television station (RTNB) banned
the airing of a report on the return of former President Bagaza.
In July the Government threatened the manager of Radio Bonesha
after it broadcast a story concerning cease-fire talks between the
Government and rebels. He increased his self-censorship after the
incident.
On August 28, APR ceased broadcasting after the Government
Communication Control and Regulation Agency on August 23 began jamming
its broadcasts due to unpaid fees; APR resumed broadcasting on
September 3.
On August 28, RTNB reported that the National Communications
Council issued an order prohibiting websites from containing propaganda
against the Government or information against the cause of peace and
reconciliation.
No laws or regulations limit academic freedom, and no action was
taken against persons at the University of Burundi for what they
published or said. Staff and students at the university remained
primarily ethnic Tutsi, and tensions have flared occasionally between
Hutu and Tutsi students on campus, where politically and ethnically
motivated killings occurred in 1995 and 1996.
Authorities used excessive force to disperse student
demonstrations, resulting in deaths and injuries (see Section 2.b.).
On August 5, journalist Amissi Bizimana was killed in crossfire
between government forces and FNL rebels.
b. Freedom of Peaceful Assembly and Association.--The Transition
Constitution permits political demonstrations; however, the Government
restricted freedom of assembly. Government permits were required for
public meetings and demonstrations, and applications routinely were
routinely denied to groups that criticized or opposed the Government.
On March 4, gendarmes reportedly beat a member of the Banyamulenge
tribe during a protest march outside the offices of the U.N. High
Commissioner for Refugees (UNHCR).
On May 2, Diomede Rutamucero, leader of the pro-Tutsi PA-Amasekanya
party, and six other persons were arrested outside of the National
Assembly, where they were protesting proposed legislation that would
give provisional immunity to politicians accused of committing
genocide. The six demonstrators were released shortly thereafter;
Rutamucero was held for 5 weeks before being released. On May 16,
outside the office of the Prosecutor-General, security forces forcibly
dispersed demonstrators protesting Rutamucero's detention. On September
1, Rutamucero was rearrested while jogging with four PARENA members,
who also were arrested. All were fined and released after 4 days in
custody.
Unlike in the previous year, there were no arrests of individuals
for organizing unauthorized demonstrations.
Security forces used excessive force to disperse demonstrations
during the year, which resulted in deaths and injuries; no action was
taken against the responsible parties. For example, on May 23, in
Bujumbura, Gitega, and Matana, gendarmes opened fire on students
demonstrating in support of a countrywide teachers union strike; two
students were killed and several were injured. On April 28, police
reportedly shot and killed one student during a demonstration of the
Youth Association for Rebuilding a Destroyed World.
No action was taken against security forces responsible for the
violent dispersal of demonstrations in 2001, including the May beating
of representatives of the G-8 Tutsi parties.
Unlike in the previous year, the Government did not ban meetings by
mainly Tutsi groups critical of government policy and the peace
process.
The Government restricted freedom of association and arrested
members of organizations and political parties (see Section 1.d.).
Private organizations were required to present their articles of
association to the Ministry of Interior for approval, a process that
could take years if the Government disliked the organization. The
Transition Constitution permits political parties to operate; however,
the Government placed restrictions on groups that criticized its
policies.
Following the November 2 house arrest of PARENA party leader
Bagaza, the Interior Minister on November 7 suspended the PARENA party
for 6 months.
c. Freedom of Religion.--The Transition Constitution provides for
freedom of religion, and the Government generally respected this right
in practice. There was no state religion; however, the Catholic Church,
which represented approximately 60 percent of the population, was
predominant.
The Government required religious groups to register with the
Ministry of Internal Affairs, which kept track of their leadership and
activities. The Government required that religious groups have a
headquarters in the country.
On August 5, FDD rebels in Kigihu, Rutana Province, reportedly
killed parish priest Peter Tondo.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Immigration, and Repatriation.--The Transition Constitution provides
for these rights; however, the Government restricted them in practice.
There was a government-imposed curfew in parts of the country; in
Bujumbura the curfew began at 11 p.m. and ended at 5 a.m.
During April and May, in Ruyigi Province, the Government forcibly
regrouped more than 30,000 civilians into camps. Humanitarian groups
were denied access, and the movement of camp residents was restricted
(see Section 1.f.).
The Government cited insecurity in rural areas in denying access to
some areas of the country to human rights observers (see Section 4).
The majority of citizens could travel legally in and out of the
country. Travel within the country was possible but could be hazardous
in areas of rebel activity, particularly in parts of Bujumbura Rural,
Bururi, Rutana, Ruyigi, and Makamba Provinces. Rebel attacks on buses
and minibuses throughout the year resulted in numerous deaths and
injuries.
According to UNHCR, more than 387,000 IDPs lived in 212 sites at
year's end, which represented approximately 5 percent of the total
population. Many were Tutsis who fled to other parts of the country in
1993 because of ethnic violence and never returned home. Soldiers
generally did not restrict the movement of residents of IDP camps and
provided a measure of protection to camp inhabitants; however, security
forces prevented access by international humanitarian aid agencies to
some of the IDPs in remote sections of Bujumbura Rural and Ruyigi
Provinces. There were no reports of abuses committed against IDPs
during the year. Camp inhabitants often were required to perform labor
for the soldiers without compensation (see Section 6.c.).
Approximately 200,000 IDPs lived outside displacement sites and
stayed with friends, families, or on their own, beyond the reach of aid
programs. Some persons who remained outside the sites reportedly were
killed by the armed forces on suspicion of collaborating with the
rebels and by Hutu rebels allegedly for collaborating with authorities
(see Section 1.a.).
The law does not provide for the granting of asylum or refugee
status in accordance with the provisions of the 1951 U.N. Convention on
the Status of Refugees and its 1967 Protocol; however, there was a
special ad hoc administrative body in the Government that coordinated
refugees, and the Government cooperated with the UNHCR and other
humanitarian organizations assisting refugees. The Government has
granted first asylum in recent years. Approximately 27,000 citizens of
the DRC lived in the country; 3,800 were registered with the UNHCR.
Approximately 1,000 Rwandan refugees remained in the country during the
year.
According to the U.N., more than 370,000 Burundian refugees, most
of them Hutus, remained in Tanzania. Estimates of ``old caseload''
refugees--many of whom fled as early as 1972 or following the October
1993 assassination of former president Ndadaye--ranged from 200,000 to
400,000. Such refugees were not assisted by UNHCR and therefore not
encamped under UNHCR auspices in the system of camps in Western
Tanzania. Estimates of the total number of Burundians living in
Tanzania at year's end ranged from 570,000 to nearly 800,000. More than
23,000 additional refugees, most of them Hutu, were in Angola,
Cameroon, the DRC, the Republic of the Congo, Kenya, Malawi, Rwanda,
and Zambia.
By year's end, approximately 115,000 Burundian refugees had
registered to repatriate from Tanzania; UNHCR had facilitated
approximately 31,100 voluntary repatriations. However, this was offset
by the arrival of 30,000 new refugees and the birth of 10,000 to 20,000
children in the camps. During the last 6 months of the year,
repatriation slowed due to an increase in fighting. Many of the 30,000
new Burundian refugees had voluntarily repatriated earlier in the year
to areas that later became unstable again.
On January 18, members of the Banyamulenge tribe were deported to
Rwanda.
There were no other 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
Transition Constitution makes no specific provision for elections. The
1992 Constitution and 1994 Convention of government were suspended by
the Buyoya military regime that assumed power in July 1996, in a
bloodless coup. On that date, the regime dissolved the National
Assembly and banned political parties. Approximately 3 weeks later,
President Buyoya announced the restoration of the National Assembly and
political parties with certain restrictions. The opposition party,
FRODEBU, which was mostly ethnic Hutu, holds just over half of the
National Assembly seats. On November 1, 2001, President Buyoya was
sworn in as president for the first 18 months of the 3-year
transitional period.
In April 1998, multiparty peace talks began in Arusha, Tanzania,
and the Government subsequently launched an internal peace process. In
June 1998, Buyoya's regime and the National Assembly entered into a
partnership agreement. The National Assembly adopted the Transition
Constitution and a transition political platform. The Transition
Constitution changed the structure of government by eliminating the
post of prime minister, creating one vice president, removing the
National Assembly Speaker from the line of presidential succession, and
enlarging the National Assembly. The Transition Constitution placed no
time limits on the President's or the National Assembly's term of
office.
In August 2000, the Buyoya regime and other negotiating parties
present at the peace talks signed a peace agreement, which was ratified
by the National Assembly in November 2000. The peace agreement
instructs the country's next transitional government to hold local,
national, and presidential elections within a 3-year period, and to
oversee elections for a newly formed Senate; however, this agreement
was not implemented fully by year's end. Representation of both Hutus
and Tutsis in institutions, including the army, the National Assembly,
and the Senate, was a key component of the agreement.
In July 2001, President Buyoya and the regional leaders signed an
agreement to begin the 3-year transition period on November 1, 2001. On
November 1, 2001, Buyoya was sworn in as President and Domitieh
Ndayizeye, the secretary general of FRODEBU, was sworn in as vice
president. Under the agreement, they will each serve for 18 months; the
G-7 Hutu parties will then select a president, and the G-10 Tutsi
parties will select a vice president. All future presidents will be
elected by universal suffrage. The Vice President and 14 of the 26
cabinet ministers were members of the G-7 Hutu-based political parties.
The cabinet also included 12 Tutsis. Progovernment ethnic Tutsis served
as Ministers of Defense and Foreign Affairs.
The transitional political platform endorsed in general terms the
restoration of democracy and correction of the ethnic imbalance within
the army and the judicial system. It called for the creation of an
international tribunal to try crimes of genocide. Although the peace
accord also provides for a commission of inquiry on genocide as well as
a National Truth and Reconciliation Commission to investigate other
crimes, the agreement was not implemented fully, and no commissions
were created by year's end.
Under the 1992 Constitution, deposed President Ntibantunganya would
have remained in office until 1998. The last elections to fill the
National Assembly took place in June 1993. The Transition Constitution
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 1 representative each (selected by
their respective parties) from all 12 officially recognized political
parties not previously represented. Not all of those elected in 1993
were 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 22 of the 40
new seats.
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 Transition Constitution gives the
President the authority to declare a state of emergency by decree after
consulting with the National Assembly Speaker, the Constitutional
Court, and the National Security Council, which has not been convened
since 1996.
Political parties operated under significant constraints; however,
unlike in the previous year, the Government did not ban meetings of
groups critical of government policy and the peace process. Police
often prevented or disrupted political demonstrations and arrested
opposition politicians (see Sections 1.d. and 2.b.).
There were no laws that restricted the participation of women in
the political process. There were 17 women in the 185-seat National
Assembly and 10 women in the 53-seat Senate. Of the 26 cabinet seats,
women filled 4: The Minister of Social Affairs; the Minister of
Reintegration of Refugees; the Minister of Development, Planning and
Reconstruction, and the Minister at the Presidency for HIV/AIDS. Two of
the nine members of the Supreme Court were women, as were three of the
seven Constitutional Court members, including its president.
There were no laws that restricted the participation of minorities
in the political process. Approximately 1 percent of the population was
Twa (Pygmies), but there were no Twa in the Cabinet. One Twa was an
appointed member of the National Assembly, and two were members of the
Senate.
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,
League Iteka, continued to operate and publish a newsletter. Human
Rights Watch maintained an office in the country. The U.N. Special
Rapporteur for Human Rights visited twice during the year. The office
of the UNHCR maintained a three-person observer team in the country.
The Government cited insecurity in rural areas in denying access to
journalists, international relief workers, and human rights observers
to some areas of the country (see Section 2.d.). Army elements in the
field frequently denied access to human rights observers to areas where
the army was accused of human rights violations. Human rights NGOs
frequently were unable to investigate reports of killings because of
these restrictions. Many areas of the country, particularly near
Bujumbura, near the border with the DRC, and near the border with
Tanzania, remained off limits for normal operations.
Unlike in the previous year, there were no reports that the army
interrogated NGO employees.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Transition Constitution provides equal status and protection
for all citizens, without distinction based on sex, origin, ethnicity,
or opinion; however, the Government failed to implement effectively the
Transition Constitution's provisions, and discrimination persisted. The
Tutsi-dominated government and army discriminated against the Hutus.
Discrimination against persons with disabilities was a problem.
Women.--Domestic violence against women was pervasive; however,
inadequate data made it impossible to quantify. Wives had the right to
charge their husbands with physical abuse, but they rarely did so.
Police normally did not intervene in domestic disputes, and the media
rarely reported incidents of violence against women. The law does not
specifically prohibit domestic violence; however, persons accused of
domestic violence could be tried under assault provisions of the law.
No known court cases have dealt with the abuse of women. The Government
rarely investigated such cases, and prosecutions were rarer still.
According to League Iteka, women were beaten by their husbands, forced
out of their homes, denied basic food necessities, and denied freedom
of movement.
The law prohibits rape, which is punishable for up to 20 years'
imprisonment. Rebel forces raped women during the year (see Section
1.g.).
Prostitution was a problem. According to the Women's Commission for
Refugee Women and Children, the ongoing conflict has forced many women
into prostitution to feed their children. Increased prostitution has
contributed to the growing incidence of HIV/AIDS.
Women faced legal and societal discrimination. Discriminatory
inheritance laws and credit practices continued. By law women must
receive the same pay as men for the same work, but in practice they did
not. Women were far less likely to hold mid-level or high-level
positions. In rural areas, women traditionally performed arduous farm
work, married and had children at an early age, and had fewer
opportunities for education than men.
Several local groups work in support of women's rights, including
the Collective of Women's Organizations and NGOs of Burundi and Women
United for Development.
Children.--The law provides for children's health and welfare, but
the Government could not satisfy adequately the needs of children and,
in particular, of the large population of children orphaned by the
violence since 1993 and by HIV/AIDS. Many of the victims in the civil
war were children, and many children have lost family members and
witnessed violence.
More than a quarter of the primary schools have been destroyed in
the war, and many teachers have been killed. Teacher training has been
interrupted, and it was difficult to find qualified teachers to work in
the provinces most affected by fighting. The Government provided
elementary education at nominal cost through grade six; however,
inequitable distribution of educational resources favored those
children in southern and central areas of the country, according to
International Alert, an international NGO. Education was not
compulsory. Approximately one-third of primary school-aged children
attended school in 1999; less than 9 percent of children aged 13 to 19
years attended school.
According to the Women's Commission for Refugee Women and Children,
school attendance rates for girls were well below school attendance
rates for boys, and girls comprised only 44 percent of primary school
students and 30 percent of secondary school students. Female illiteracy
was a problem. Only 22 percent of women were literate compared to 46
percent of men. Only 25 percent of university students were women.
Unlike in the previous year, there were no reports that rebels
abducted children and teachers during the year; however, on July 8, an
FDD rebel bombardment of Ruyigi destroyed a school.
The ongoing conflict and increasing prevalence of HIV/AIDS has
increased the number of orphans, which has resulted in an increase in
the number of street children. Child prostitution was a problem (see
Section 6.f.).
The minimum age for military service was 18, but observers believed
that there were some children below that age in the military. Children
continued to serve in the armed forces, and the U.N. Special
Representative reported in December that both the Government and rebel
groups continued to recruit child soldiers. There also were credible
reports that the Guardians of the Peace recruited children to provide a
quasi-police presence in public places such as markets; some of these
children reportedly were sent to the front lines. In 2001 the National
Assembly voted in favor of the ratification of the Additional Protocol
Against Child Soldiers. The President has the authority, with the
approval of the National Assembly, to issue a decree ratifying the
Protocol and to transmit an instrument of ratification; however, there
was no information on whether the decree had been issued or whether the
Government deposited its instrument of ratification of the Protocol.
Persons with Disabilities.--The Government has not enacted
legislation or otherwise mandated access to buildings or government
services for persons with disabilities. Discrimination against persons
with disabilities was a problem. There were few job opportunities for
persons with physical disabilities in the country because most jobs
involved significant manual labor.
Indigenous People.--The Twa (Pygmies), who were believed to be the
country's earliest inhabitants, comprised approximately 1 percent of
the population and generally remained marginalized economically,
socially, and politically (see Section 3). Most Twa lived in isolation,
without formal education, and without access to government services
including health care.
National/Racial/Ethnic Minorities.--The principal national problems
continued to be ethnic conflict between the majority Hutus and the
minority Tutsis and the regional inequities between southern Bururi
Province and much of the rest of the country. Almost 4 decades of
violence and systematic societal discrimination have exacerbated the
genocide and exclusion fears of both Tutsis and Hutus. Tutsis claimed
to have been the targets of genocide carried out in 1993 by Hutus
angered by the assassination of democratically-elected Hutu president
Ndadaye. The Tutsis, particularly southern Tutsis, historically have
held power, and they dominated educated society and controlled the
security forces. In 1996 Major Pierre Buyoya, a southern Tutsi, deposed
President Ntibantunganya, a central Hutu, in a coup.
State discrimination against Hutus, who constitute an estimated 85
percent of the population, affected every facet of society, but most
strikingly in higher education and certain branches of the Government,
such as the armed services and the judicial system. The President and
the Tutsi-dominated army retained their dominance in decision-making
and did not share power equally with Hutu members of the Government.
Northern and eastern Tutsis also had a more difficult time acceding to
positions of power.
Section 6. Worker Rights
a. The Right of Association.--The Labor Code protects the rights of
workers to form unions; however, the army, gendarmerie, and foreigners
working in the public sector were prohibited from union participation.
All employees in the public sector, except those prohibited by law,
were unionized, and most union workers were urban civil servants.
Tutsis dominated the formal sector of the economy and the unions.
According to the Confederation of Free Unions of Burundi (CSB), an
umbrella trade union, 60 percent of the 80,000 formal private sector
employees were unionized.
The CSB was dependent financially on a system of checkoffs, or
voluntary contributions, as was a rival trade union, COSYBU. The
Government has interfered in the COSYBU's selection process by refusing
to recognize union leaders selected by members in union congresses.
However, unlike in the previous year, the Government recognized Pierre-
Claver Hajayandi as COSYBU President, although it prevented him from
giving the traditional Labor Day address. On May 1, the Government also
excluded other labor union representatives from participation in
official ceremonies because of ongoing wage disputes.
The Labor Code permits the formation of additional unions or
confederations outside the CSB. When settling disputes in which more
than one labor union was represented, the law stipulates that the
Minister of Labor must choose the union representing the greatest
number of workers to participate in the negotiations; however,
according to the national union of secondary school teachers (SNES-
FSU), the Government did not always respect this provision.
Unlike in the previous year, there were no arrests of individuals
for organizing unauthorized demonstrations.
On May 24, police arrested a member of the CONAPES labor union
during a demonstration; no further information was available.
The International Labor Organization (ILO) has cited the Government
for several violations of ILO Convention 87 on freedom of association.
The Committee of Experts expressed specific concern about the denial of
trade union rights for public servants and juveniles; the election of
trade union leaders; and the rights of unions to organize, administer
activities, and defend the interests of their members.
The Labor Code prohibits employers from firing or otherwise
discriminating against a worker because of union affiliation or
activity, and this right was upheld in practice.
Unions were 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 were civil servants, government
entities were involved in almost every phase of labor negotiations.
Both COSYBU and the CSB represented labor in collective bargaining
negotiations in cooperation with individual labor unions during the
year.
Public sector wages were set in fixed scales in individual
contracts and were not affected by collective bargaining (see Section
6.e.). In the private sector, wage scales also existed, but individual
contract negotiation was possible.
The Labor Code provides for Labor Court jurisdiction over all labor
dispute cases, including those involving public employees. Negotiations
were conducted largely under the supervision of the tripartite National
Labor Council, the Government's highest consultative authority on labor
issues. The Council represented government, labor, and management, and
was presided over and regulated by the Minister of Labor.
The Labor Code provides workers with a restricted right to strike.
The restrictions on the right to strike and to lock out included that
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 Ministry of Labor determines if strike
criteria have been met. The law prohibits retribution against workers
participating in a legal strike; however, in January 2001, the
Government declared illegal the strike of 21 trade unions protesting a
rise in the price of staple commodities and threatened the strikers
with dismissal.
In April members of IGEBU, the union representing government
mapmakers and meteorologists, went on strike for a week. Approximately
20 other unions issued a statement in support of STUB; the strike
subsequently ended when the Government agreed to an increase in wages
and benefits.
On May 13, members of the teachers union began a nationwide strike.
Gendarmes shot and killed at least two protesting students and injured
several others during demonstrations (see Section 2.b.). On July 8, the
strike ended when the Government agreed to a wage increase.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, soldiers guarding IDP
sites and soldiers at military posts often required persons to cook,
fetch water, chop wood, work in the fields of military leaders, and
perform other chores without compensation. The military also required
persons to perform regular night watches.
Children continued to serve in the armed forces, and both the
Government and rebel groups continued to recruit child soldiers (see
Section 5).
Child prostitution was a problem (see Section 6.f.)
Rebel groups forced the rural population to perform uncompensated
labor, including the transport of rebel supplies and weapons. Rebels
also recruited and used children for labor. Unlike in the previous
year, there were no reports that FDD rebel forces abducted primary
school students to serve as soldiers. There were no statistics on the
number of child soldiers in the country.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code states that children 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 the age of
16 in rural areas performed heavy manual labor in the daytime during
the school year. The World Bank reported that approximately 48 percent
of children between the ages of 10 and 14 years worked in 1999. The
Government made no effort during the year to enforce child labor laws.
Children were prohibited legally from working at night, although
many did so in the informal sector. Most of the population lived by
subsistence agriculture, and children were 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; however,
there were reports that it occurred (see Section 6.c.).
The country has not ratified ILO Convention 182 on the worst forms
of child labor.
e. Acceptable Conditions of Work.--The formal minimum wage for
unskilled workers was $0.21 (160 francs) per day in the cities of
Bujumbura and Gitega, and $0.14 (105 francs) in the rest of the
country, with a graduated scale for greater skill levels. This amount
did not provide a decent standard of living for a worker and family,
and most families relied on second incomes and subsistence agriculture
to supplement their earnings. Unionized employees, particularly in
urban areas, generally earned significantly more than the minimum wage.
Public sector wage scales were set by agreement between the Government
and either the CSB or COSYBU; however, an individual employee's
position on the wage scale was determined by individual negotiation
between the employer and the employee. The Government wage scale has
remained unchanged since 1992, but allowances, such as the one for
housing, have risen.
The Labor Code stipulates an 8-hour workday and a 40-hour workweek,
except in cases where workers were involved in activities related to
national security. Supplements must be paid for overtime.
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 did not
enforce the code effectively. Health and safety articles in the Labor
Code did not address directly workers' rights to remove themselves from
dangerous tasks.
Foreign workers are protected by law and were not subject to
discrimination; however, they were prohibited from union participation.
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and there were reports of trafficking. The
trafficking of women and children for prostitution was a serious
problem.
The Government continued a campaign to reduce underage
prostitution. Legislation prohibiting the facilitation of prostitution
could be used to prosecute such offenses. On March 27, according to the
International Organization for Migration (IOM), during a layover in
Addis Ababa, Ethiopia, while traveling to Lebanon, two female Congolese
refugees who had been living in Burundi declared themselves to be
victims of a trafficker. According to the IOM, the women asked to be
returned to the DRC. No further information was available.
Children continued to serve in the armed forces, and both the
Government and rebel groups continued to recruit child soldiers (see
Section 5).
__________
CAMEROON
Cameroon is a republic dominated by a strong presidency. Since the
early years of independence, the Cameroon People's Democratic Movement
(CPDM) has remained in power. In 1997 CPDM leader Paul Biya won re-
election as President in a vote boycotted by the three main opposition
parties. Marred by a wide range of procedural flaws, the election
generally was considered by observers not to be free and fair.
Legislative and municipal elections held during the year were dominated
by the CPDM and flawed with irregularities; however, most local and
international observers considered them to be transparent. The
President retains the power to control legislation or to rule by
decree, and has used his control of the legislature to change the
Constitution. The Government remained highly centralized and dominated
by the presidency. The judiciary was subject to political influence and
suffered from corruption and inefficiency.
Internal security responsibilities, also dominated by the
Presidency, were 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 civilian
Minister of Defense and the civilian head of police also were
responsible for internal security. Security forces continued to commit
numerous serious human rights abuses.
The majority of the population of 15.2 million was rural;
agriculture accounted for 28.8 percent of gross domestic product (GDP).
Economic growth has continued over the past 5 years, despite decreases
in world prices for the country's major primary exports, and gross
national product growth has averaged 4 to 5 percent annually. However,
economic recovery continued to be inhibited by a large inefficient
parastatal sector, excessive public sector employment, and the
Government's inability to deregulate the economy to attract more
investment. Widespread corruption in government and business also
impeded growth. Members of the Beti and Bulu ethnic groups dominated
government, civil service, and the management of state-owned
businesses.
The Government's human rights record remained poor, and it
continued to commit numerous serious abuses. Citizens' ability to
change their government remained limited. Security forces committed
numerous unlawful killings and were responsible for disappearances.
They also tortured, beat, and otherwise abused detainees and prisoners,
generally with impunity. However, the Government prosecuted a few
offenders. Prison conditions remained harsh and life threatening.
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 a chance for trial and, at times, incommunicado. The
judiciary remained corrupt, inefficient, and subject to political
influence. The Government infringed on citizens' privacy, and monitored
and harassed some opposition activists. The Government continued to
impose limits on freedom of speech and press and harassed journalists.
The Government restricted freedom of assembly and association. Security
forces limited freedom of movement. Violence and discrimination against
women and child abuse remained serious problems. Discrimination against
indigenous Pygmies continued. Societal discrimination based on religion
persisted in some areas; societal discrimination against ethnic
minorities continued. The Government continued to infringe on worker
rights and restricted the activities of independent labor
organizations. Child labor remained a serious problem. Slavery
reportedly persisted in northern parts of the country. Forced labor,
including forced child labor, was a problem. There were reports of
trafficking in persons, primarily children, for purposes of forced
labor. 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. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of politically motivated killings; however, the
security forces continued to use excessive, lethal force against
private citizens and committed numerous unlawful killings. During 2001
Douala's military anticrime unit, the Operational Command, reportedly
was suspended amid increasing reports of human rights abuses; the
status of the Command was unknown at year's end. There were reports
that prior to suspension, Command leaders ordered the execution of the
81 detainees who remained in the special Command prison facility,
Kosovo.
The Operational Command operated above the authority of other
security forces and killed some suspects in shootouts and high-speed
car chases. It also reportedly used a network of informants, including
a large number of convicted criminals and prison officials, to obtain
the names of suspected bandits who the Command then arrested and
summarily executed (see Section 1.b.). Conservative estimates placed
the number killed in the hundreds, but Cardinal Tumi, the Archbishop of
Douala, believes the number may range as high as 1,000. The Operational
Command also used neighborhood sweeps to search for criminals,
occasionally executing suspects for minor offenses such as smoking
marijuana. Press and other reports alleged that the Operational Command
has several mass graves, including one in the ``Forest of Monkeys''
(Bois des Singes) and another off the ``Old Road'' between Douala and
Edea, where bodies were abandoned in pits or buried.
Security authorities in the remote North and Far North Provinces
also were accused of unlawful killings; however, there were fewer
reported incidents than during the previous year. During the year, the
security situation in the northern provinces appeared to have improved,
but there still were occasional accusations of summary executions
following acts of banditry. Local human rights groups noted that local
authorities, even the special anti-gang units, paid more attention to
due process than in previous years; they believed that the paramilitary
forces received strict instructions to restrain their activities in an
attempt to avoid another scandal that would embarrass the Government.
However, authorities in the region maintained that the anti-gang units
largely have completed their mission and that the remaining bandits
were living in fear, thus eliminating the necessity for excessive use
of force. They also noted a significant drop in crime in the region.
An elite crime-fighting unit, the Light Intervention Battalion
(BLI), which received extensive training from Israeli military
consultants, became operational in 2001 and reported directly to the
Presidency. BLI members have been accused of conducting summary
judgements against suspected criminals. Preliminary reports indicated
that this group has benefited from improved training and intelligence
gathering methods; however, no further information was available at
year's end.
On January 25, army sergeant Nje stabbed to death 22-year-old
Isidore Usabo Lappe, in Douala's popular ``CCC'' quarter. The killing
followed a private dispute between Usabo Lappe and the sergeant's
girlfriend. Nje was arrested and remained in police custody on murder
charges at year's end.
On February 23, a gendarme killed 26-year-old Pierre Kewe in the
Yaounde neighborhood of Elig-Edzoa. Kewe's older brother summoned a
team of gendarmes to help resolve a dispute, and Kewe refused their
order that he remain inside the house. During his attempt to leave, a
gendarme shot him. The authorities arrested the gendarme, who was in
detention awaiting trial at year's end.
During the year, the Government investigated a few cases of
security personnel accused of violating the law. For example, on
January 29, the Douala Military Tribunal began trying Operational
Command Sergeant Jean Claude Mbita on charges of assault occasioning
death in the 2000 shooting of Luc-Benoit Bassilekin. After several
postponements, the trial started on November 26.
On April 23, a military trial began for Colonel Bobbo Ousmanou and
seven other army officers charged with the execution of nine youths in
Bepanda in January 2001. On July 9, the military tribunal sentenced two
of the higher ranking officials for disobeying orders; six others were
acquitted (see Section 1.b.).
In April the Douala High Instance Court began hearings on the case
of the 2000 torture death of Emmanuel Ebanda. The prosecutor requested
life-imprisonment for police officers Biyick Mang, Peter Enonguene, and
Elouga. The trial was ongoing at year's end.
There were no further developments in the following 2001 cases: The
torture death of a 23-year-old man named Apah in Njikwa, Momo Division,
Northwest Province; the reported arrest and execution of Hamadou Kadri
by the BLI based in Maroua; the killing of Eloi Sanda Abba by a
gendarme at the students residential quarters of Bonamoussadi, in
Yaounde; and the shooting death of Aliou Oumarou by police.
There were no further developments in the following 2000 cases: the
January shooting death of Alhadji Bapetel at the Douala port; the May
detention, torture, and killing of Edouard Leuat; the May killing of
Laurent Abbe; the May killings of two women in Yaounde; the June
killing of two bandits; the September torture death of Mathew
Titiahonjo; and the October killing of Paul Petchucke.
Numerous prisoners died in custody due to abuse inflicted by
security forces and harsh prison conditions and inadequate medical
treatment (see Section 1.c.).
Mob violence and summary justice directed against suspected thieves
and those suspected of practicing witchcraft and other crimes
reportedly continued to result in an increased number of deaths and
serious injuries. For example, in early March, an angry mob in the Oyom
Aban neighborhood of Yaounde beat to death Emile Eyenga, a 34-year-old
bandit who previously had been arrested and released on several
occasions. Aban was caught burglarizing a private residence.
In early August, the gendarmerie company commander for Ngoketunjia
Division, North West Province, stated that angry mobs lynched three
persons caught stealing. The commander severely criticized the ``jungle
justice'' and asked the citizens of Ngoketunjia to inform security
forces of the presence of any suspected criminal in their respective
areas.
On August 27, inhabitants of the Douala neighborhood of Bepanda
beat to death a 26-year-old thief for stealing a goat. No investigation
has been reported.
There were no further developments in the 2001 beating death cases
of Joseph Nzelamnyuy or Abdulai Fonyuy.
b. Disappearance.--There were reports of disappearances of persons
in the custody of security forces. Some disappearances may be
attributed to summary executions by security forces in Douala or the
northern regions (see Section 1.a.); in these instances, bodies rarely
were found although the suspects were presumed dead.
On March 13, Dieudonne Atsako, Steve Kehebe, Etienne Kuete, Talla,
Blaise Nokam, Victory Tegou, Jules Nouma, Jean Alain Kenfack, and
Croisil Moutsoul were arrested and detained in the Bafoussam
gendarmerie brigade. Following widespread rumors of their deaths at the
hands of gendarmes, the National Commission on Human Rights and
Freedoms (NCHRF) and the West Gendarmerie Legion conducted an
investigation. On April 18, the Minister of Communication, Jacques Fame
Ndongo, stated that the nine were alive and confirmed that the
Gendarmerie Legion and the NCHRF were conducting an investigation into
the case. Later in April, the NCHRF issued a press release denying
allegations that the nine had disappeared. At year's end, the
Government had not produced proof that the nine were alive.
In January 2001, the Douala Operational Command arrested Marc Etah,
Frederic Nguffo, Chatry Kuete, Jean Roger Tchiwan, Eric Chia, Charles
Kouatou, Effician Chia, Elysee Kouatou, and Fabrice Kouate, who were
suspected of stealing a gas canister in the Bepanda District of Douala.
Initially the families of the detained ``Bepanda 9'' were accorded
visiting rights; however, these rights were abrogated as of January 27,
2001. The case drew both national and international attention, and many
observers believed the Douala Operational Command summarily executed
the nine youths. Douala authorities attested to the youths' arrests but
denied any executions and refused to produce verification of the
youths' continued wellbeing. The victims' families formed another
group, the Committee for the Defense of the Nine (or C9 as they were
known domestically) and held weekly protests, which police often
forcibly dispersed, demanding the location of the nine youths. In March
2001, President Biya ordered an investigation into the disappearance of
the Bepanda 9 and transferred or replaced several members of the
Operational Command. In April 2001, authorities arrested Colonel
Ousmanou and seven other officers of the Operational Command. In
November 2001, the military trial of the eight officers was referred to
the High Court of Yaounde after the Court of First Instance dismissed
the case due to a technicality. The trial was closed to the public, and
the Government refused to release the court's findings or to consider a
civilian trial for the officers. After several postponements, on July
9, the High Court of Yaounde finally ruled on the case. Although the
eight officers initially were prosecuted on charges of murder, torture,
corruption, and violation of instructions, the High Court convicted two
of the eight officers on charges of disobeying orders and sentenced
Colonel Ousmanou to 3 years probation and Captain Jean Jacques Abah
Ndzengue to 16 months in jail, respectively. Samuel Houag, Nicolas
Eyong Taku, and Luc Evoundou were found not guilty for lack of
evidence. Major Pascal Yeremou Nyamsi, Captain Onana Ambassa, and
adjunct chief Adrumpai were found not guilty by benefit of doubt. The
C9 have appealed the ruling.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
numerous credible reports that security forces, including the
Operational Command, continued to torture, beat, and otherwise abuse
prisoners and detainees. There were reports that security forces,
including the Operational Command, detained persons at specific sites
where they tortured and beat detainees. The Operational Command
reportedly tortured some persons before summarily executing them (see
Section 1.a.). Security forces also reportedly subjected women,
children, and elderly persons to abuse. Most cases apparently were not
reported to the relevant authorities because of ignorance, lack of
confidence, or fear of reprisal.
In New Bell and other non-maximum security penal detention centers,
prison guards inflicted beatings, and prisoners reportedly were chained
or at times flogged in their cells. Authorities often administered
beatings in temporary holding cells within a police or gendarme
facility. Two forms of physical abuse commonly reported by detainees
were the ``bastinade'' in which the victim was beaten on the soles of
the feet and the ``balancoire'' where the victim was hung from a rod
and beaten (often on the genitals) with his hands tied behind his back.
Many nonviolent political activists have experienced this abuse during
brief detentions that followed participation in antigovernment
demonstrations or opposition party political rallies.
Security forces continued to subject prisoners and detainees to
degrading treatment including 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 as well as the names and whereabouts of alleged criminals.
Pretrial detainees sometimes were required, under threat of abuse, to
pay ``cell fees,'' which essentially was a bribe paid to prison guards
to prevent further abuse.
Security forces beat persons while arresting them, particularly
under Operation Harmattan, an anti-crime operation in Douala. For
example, on April 4, soldiers and gendarmes cordoned off Koupa Kagnam
and Koumenke, two villages of the Noun Division, West Province, and
raided houses, beating and arresting scores of men and women. According
to official statements, Gabriel Essoa Eloi, Koutaba's Sous-prefet,
ordered the operation when unidentified individuals allegedly tried to
break into his office and steal election-related documents. Esssoa Eloi
``was told'' that the perpetrators were from the two villages. CDU
Chairman, Dr. Adamou Ndam Njoya, criticized the operation, claiming it
was aimed at intimidating members of his party 2 months before national
elections. On April 8, authorities released all those arrested.
Security forces harassed and threatened journalists (see Section
2.a.). Security forces also frequently used roadblocks to exact bribes
or disrupt opposition political activities and injured persons they
believed tried to evade checkpoints (see Section 2.d.).
On March 10, soldiers of the Edea Military Regiment in the Sanaga
Maritime Division of Littoral Province arrested, beat, and severely
injured Samuel Mben Mben, publisher of Habeas Corpus after a woman
accused him of helping men rob her. The gendarmes then took Mben Mben
to the gendarmerie brigade where they released him after the
intervention of his lawyer, family, and the Sanaga Maritime Senior
Divisional Officer (who also was the Prefet). Mben Mben later said that
he was missing $155 (104,000 CFA francs).
On March 14, police officers beat and injured Narcisse Kouokam, a
nationally known comedian, in Yaounde. In a statement to the press,
Kouokam said that the officers recognized him and sought to ``punish
him'' for his performances criticizing the country's malfeasance.
Narcisse Kouokam filed a complaint against his attackers, which was
pending at year's end.
On June 28, Douala police officers arrested Jean Rene Ndouma on
allegations of theft complicity. On July 18, Ndouma was transferred to
the Douala New Bell Prison where his family learned he had been
tortured seriously, particularly by police officer Daouda Mama. Ndouma
had been handcuffed and hung by the hands, which resulted in severe
gashes on his wrists. It was unknown if there was any action taken in
this case.
There were no new developments in the following 2001 cases: The
January kidnaping of Hortense Toukam; the March beating and attempted
strangling by gendarmes of Pierre Nyemeck Ntamack; the May arrest and
torture by police of Jacques Zoua, a member of a Maroua-based human
rights NGO; and the June arrest and torture by security forces of many
persons during neighborhood sweeps in Kodogo and Garoua.
There were no developments in the following 2000 cases: The death
of Magloire Evoutain; the January torturing of customs inspector
Vincent Nkengfue; the January injuring and beating of several students
when a demonstration was dispersed forcibly; the March torturing of
Jean Paul Kentsa and two others; the April beating and torturing of a
foreign volunteer teacher; the April injuring of Cecile Ngono; the
April beating of Nicole Ajong; the April beating of parishioners at
Notre Dame De Sept Douleurs; the May torturing of Achille Tehoumba
Heubo; the May beating of Madeleine Ngo Songane; the May torturing to
death of Mathew Titiahonjo; the May beating of several student
demonstrators; the June beating of Amelie, a female soccer player; the
June injuring of several persons in a bar; the June beating of Beatrice
Elouga; the June assault of numerous citizens; the September rape of
two girls; and the November beating of a journalist.
A minor number of security force officers have received jail
sentences and/or severe sanctions for the misconduct. For example, on
February 27, the Bafang, Upper Nkam Division, West Province High
Instance Court sentenced Police Commissioner Simon Menzouo and
policeman Jules Oscar Soboa to 5 years in jail and damages of $10,000
(6.5 million CFA francs) after finding the two guilty of torturing a
police detainee to death in 1999. The Court awarded the damages to the
victim's family.
On September 16, Pierre Minlo Medjo, Delegate General for National
Security (DGSN), issued a press release stating that three police
officers serving at the Mbalmayo Nyong So'o Division in Center
Province's Public Security Police Station were arrested and arraigned
by a Mbalmayo prosecutor who ordered their detention. On September 7,
the officers, Jean Christophe Avom, Appolinaire Eva Ntyam, and Francois
Jiande, had shot and killed Thomas Alima during an arrest. According to
Minlo's press release, the police officers misused their arms in an
illegal manner.
The Government has made some efforts to minimize security forces'
abuse. For example, in a January 25 speech to newly trained gendarmes
of an elite unit, Remy Ze Meka, the Secretary of State for Defense in
Charge of the National Gendarmerie, reinforced that security forces
must respect citizens' rights. There was no evidence during the year
that the January 25 speech affected a significant change in security
force behavior, and in the vast majority of cases of torture or abuse,
the Government rarely investigated or punished any of the officials
involved.
Mob violence, including beating and torture, directed against
suspected thieves continued to result in a number of deaths (see
Section 1.a.).
Prison conditions remained harsh and life threatening. Prisons were
seriously overcrowded, unsanitary, and inadequate, especially outside
major urban areas. Due to a lack of funds, serious deficiencies in
food, health care, and sanitation were common in almost all prisons,
including ``private prisons'' in the north operated by traditional
rulers. Prisoners were kept in dilapidated colonial-era prisons, where
the number of detainees was four to five times the original capacity.
Health and medical care were almost nonexistent, and prisoners'
families were expected to provide food for their relatives in prison.
Douala's New Bell Prison contained 7 water taps for a reported 3,500
prisoners, contributing to poor hygiene, illness, and death. Prison
officials tortured, beat, and otherwise abused prisoners. Prisoners
routinely died due to harsh prison conditions and inadequate medical
treatment.
On January 14, the Douala branch of the Action of Christians for
the Abolition of Torture (ACAT) issued a document, which stated that 17
detainees died in November 2001 and 21 died in December 2001 at the
Douala New Bell prison due to a lack of adequate medical care.
On March 25, 38-year-old Barthelemy Kengne, a businessman in
Bafoussam, the West Province capital, was found dead in his cell at the
Bafoussaman Gendarmerie Brigade. Gendarmes had detained Kengne for 10
days on accessory after the fact charges and during his detention
chained his feet and hands and shot him in the foot, allegedly because
of an escape attempt. Kengue's family was convinced his death resulted
from torture. On April 23, the Government denied the allegations,
stating that Kengne's cellmate had strangled Kengne to death following
a dispute. The Minister stated that an investigation was ongoing.
On July 7, 19-year-old convicted thief Aime Martial Mbong died in
his cell at the Douala Judicial police precinct, allegedly because of
torture inflicted in custody. Due to inaccurate information, his
parents initially were unable to locate him and on July 9, found his
body in the morgue of Douala's Laquintinie Hospital. Both the
provincial security office and the judicial police have accused the
other of causing Mbong's death. An investigation was ongoing at year's
end.
In an April report presented to the U.N. Human Rights Commission in
Geneva, the Cameroonian League for Human Rights provided figures for
the country's principal prison facilities. Yaounde-Kondengui prison
contained 9,530 detainees for 2,500 places; Douala New Bell prison--
7,000 detainees for 1,500 places; Bamenda prison--4,855 detainees for
330 places; Bafoussam prison--5,225 detainees for 850 places; Edea
prison--4,255 detainees for 750 places; Dschang prison--6,845 detainees
for 715 places; Garoua prison--4,636 detainees for 280 places; and
Nkongsamba prison--8,753 detainees for 620 places. The figures were not
corroborated independently. Overcrowding was 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.
From September 1 to 14, Dr. Vera Mlangazuwa Chirwa, Special
Rapporteur on Prisons and the Conditions of Detention in Africa,
working with the African Commission for Human and People's Rights,
visited seven prisons (Yaounde, Bafoussam, Douala, Bamenda, Garoua,
Maroua, and Bafang), five gendarmerie detention cells, and five police
station detention cells. In addition to those officially selected
prisons and detention cells, Dr. Mlangazuwa made surprise visits to
other prisons. Her team addressed approximately 6,000 prisoners
(roughly 28 percent of the prison population) and personally
interviewed 150 detainees. In her September 13 assessment of the visit,
Mlangazuwa said that congestion, poor nutrition, and lack of adequate
health care were principal problems in the prisons; however, she noted
that there was a productive prisoner work program.
Corruption among prison personnel was widespread. Prisoners
sometimes could ``buy'' special favors or treatment, including
temporary freedom. Credible reports from Bafoussam Central prison
indicated that freedom between 6 a.m. and 6 p.m. was available daily to
any prisoner who could afford the superintendent's weekly fee of $20
(15,000 CFA francs). Prisoners in Bafoussam reportedly used their
purchased freedom to steal the following week's extortionate fees.
The law specifies that children should not be detained without
trial beyond 3 months after an investigation; however, the Government
detained children for longer periods of time. Juvenile prisoners often
were incarcerated with adults, occasionally in the same cells or wards.
There were credible reports that adult inmates sexually abused juvenile
prisoners. Persons awaiting trial routinely were held in cells with
convicted criminals. There were few detention centers for women, who
routinely were held in prison complexes with men, occasionally in the
same cells. Mothers often were incarcerated with their children or
babies. Some high-profile prisoners were able to avoid some of the
abuse that security forces routinely inflicted on other criminals.
High-profile prisoners often were kept in more privileged wings of
certain prisons where they enjoyed relatively lenient treatment.
The NCHRF stated in a February 2001 media interview that ``some
people are just forgotten in prison.'' For example, in September the
Government daily newspaper, Cameroon Tribune, reported that 58-year-old
prisoner Pierre Owono Mvondo was forgotten in prison. Between 1969 and
1972, Owono Mvondo received two prison sentences amounting to 20 years
in jail. After serving the 20 years, he was unable to afford a lawyer.
Apparently his case was forgotten or misplaced, and his release request
was denied. In 2001 Owono Mvondo had his case referred to Monsignor
Andre Wouking, the Archbishop of Yaounde, who visited the Yaounde-
Kondengui central prison. As a result of the Archbishop's intervention,
an August 23 court ruling freed Owono Mvondo and on August 29, after
having served 13 extra years in jail, he was set free. Owono Mvondo was
not awarded compensating damages.
In 2001 the Cameroon Organization for Citizens' Rights and Freedoms
disclosed the results of an investigation that it conducted in the
Yaounde Central Prison. According to those results, several persons who
had completed their prison terms or had been released by a court ruling
still were in detention, including prisoners whose files had been lost
and were subsequently not given a court date. One detainee had been in
jail for 6 years without a trial. The organization worked with the
prosecutor's office to secure the release of approximately 100 of the
most egregious cases.
On January 29, the prisoners of the Yaounde Kondengui prison
addressed a letter to the Minister of Justice and various newspapers in
which they complained about their conditions. The letter indicated that
of the 3,600 persons held in the prison, approximately 3,000 still were
awaiting trial. The prisoners threatened to riot and go on hunger
strikes; however, there were no reports that this occurred.
The Government continued two programs for the renovation and
humanization of prisons, and feasibility studies were in progress for
the construction of new prisons in Yaounde, Douala, and other cities at
year's end.
In the north, the Government permitted traditional Lamibe (chiefs)
to detain persons outside the Government penitentiary system, in effect
creating ``private prisons.'' Private prisons within the palaces of
traditional chiefs Rey Bouba, Gashiga, Bibemi, and Tcheboa had a
reputation of serious mistreatment. Members of the National Union for
Democracy and Progress (UNDP) party have alleged that other UNDP
members have been detained in these private prisons and that some have
died from mistreatment.
The Government has granted international humanitarian organizations
access to prisoners. Both the Cameroonian Red Cross and the NCHRF
infrequently visited prisons during the year. The International
Committee of the Red Cross (ICRC) continued to visit prisons. Although
the ICRC does not release its findings publicly, the Government
generally complied with its agreement with the ICRC.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention and requires an arrest warrant except
when the criminal is caught in the act; however, security forces
continued to arrest and detain citizens arbitrarily. The law also
stipulates that detainees must be brought promptly before a magistrate;
however, arbitrary prolonged detention remained a serious problem and
sometimes persons were held incommunicado for months or even years. For
example, Souley Bobo, who was arrested in 1992 on murder charges, never
appeared before the prosecutor, and Michel Sighanou, a juvenile who was
transferred from the Yabassi prison in 1996, has been awaiting trial
for more than 5 years. Some persons were detained for several months
simply because they were unable to present identification to
authorities.
Police legally may detain a person in connection with a common
crime for up to 24 hours, renewable three times, before bringing
charges. The law provides for the right to judicial review of the
legality of detention only in the two Anglophone provinces. Otherwise,
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 was prolonged, due to the
understaffed and mismanaged court system. The law permits detention
without charge by administrative authorities for renewable periods of
15 days, ostensibly to combat banditry and maintain public order.
Persons taken into detention frequently were 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; however, in practice bail was granted
infrequently.
Police and gendarmes often arrested 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 did not
convene sessions on the weekend, so the detainee remains in detention
until at least Monday. Police and gendarmes commonly accepted bribes to
make such ``Friday arrests'' from persons who had private grievances
against the person arrested. There were no known cases of policemen or
gendarmes that were sanctioned or punished for this practice.
There were reports that security forces, including the Operational
Command, detained persons at specific sites where they tortured and
beat detainees (see Section 1.a.).
Security forces also continued to arrest and arbitrarily detain
various opposition politicians, local human rights monitors,
journalists, and other critics of the Government, often holding them
for prolonged periods, without charges or a chance for trial and, at
times, incommunicado (see Sections 2.a. and 4). For example, on January
17, police officers in Douala arrested and detained Mboua Massok, an
opposition political activist, for approximately 5 hours for
distributing pamphlets at the entrance of the Akwa technical school, in
support of salary increases for secondary education teachers. He later
was charged with disturbance of public order and released.
On February 13, Dominique Djeukam Tchameni, an opposition leader
and human rights activist, was held for approximately 10 hours at the
Douala premises of the Littoral Provincial Delegation for National
Security. Djeukam Tchameni had gone to the police headquarters to
request that his previously confiscated passport be returned to him.
Police officers continuously threatened Djeukam Tchameni during his 10-
hour detention, and his passport was not returned upon his release.
In March the police began Operation Harmattan in an effort to rid
Yaounde and Douala of crime. Police used Operation Harmattan as a
pretext for committing numerous abuses, including roadblocks, identity
checks, house searches, and raids of nightclubs (see Section 1.f.).
Gendarmes of the Operation detained for questioning 2,792 persons in
March and April; it was not known if any had been charged at year's
end.
On April 18, gendarme officers arrested a local embassy guard after
his employers accused him of distributing leaflets calling for a guard
strike, even though striking is not illegal. The guard was detained for
72 hours and released without charges. Authorities arrested at least
one other guard at an embassy residence who also was released.
In late July, the State Prosecutor interrogated Former Minister of
Posts and Telecommunications Mounchipou Seidou, and in November he
ordered that the former minister be brought to trial.
On September 27, the police arrested human rights activist Albert
Mukong and 19 other Southern Cameroons National Council (SCNC)
activists in Mamfe to prevent them from taking any action on October 1,
the date associated with the Anglophone Cameroon independence movement.
They were released on October 22, pending trial on sedition charges
(see Section 3).
There were no developments in the 2001 arrest of 50 demonstrators
and three men from Jakiri following the October SCNC demonstrations.
There were no developments in the following arrests in 2000: The
March arrests of Catherine Yami and Roger Tankeu, respectively the
Social Democratic Front (SDF) president for the Bassamba electoral
district and the SDF West provincial coordinator; the April arrests of
several parishioners at Notre Dame de Sept Douleurs; and the June
arrest of Beatrice Elouga.
The Government did not use forced exile; however, some human rights
monitors or political opponents who considered themselves threatened by
the Government left the country voluntarily and declared themselves to
be in political exile.
There were no further developments in the 2001 alleged bewitching
case against Iyassa Anou, Joseph Regeant, Johnson Mambo Naseri, Mathew
Ajong Awor, Christian Buma, Francisca Nyando, and James Okenye.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary remained highly subject
to political influence. Corruption and inefficiency remained serious
problems. The court system remained 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. Some politically sensitive cases never
were heard by the courts. However, the judiciary has shown some modest
signs of growing independence. For example, the courts repeatedly
ordered the Ministry of Territorial Administration to desist from
seizing print runs of newspapers critical of the Government.
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. Military tribunals
also have jurisdiction over gang crimes, banditry, and highway robbery.
The Government interpreted these guidelines quite broadly and sometimes
used military courts to try matters concerning dissident groups and
political opponents. Military trials often were subject to
irregularities and political influence.
The legal system includes both national law and customary law, and
many cases can be tried using either. Customary law was based upon the
traditions of the ethnic group predominant in the region and was
adjudicated by traditional authorities of that group. In some areas,
traditional courts reportedly have tried persons accused of such
offenses as practicing witchcraft by subjecting them to various
ordeals, such as drinking poison. There were no known incidents during
the year.
Customary courts may exercise jurisdiction only with the consent of
both parties to a case. Either party has the right to have the case
heard by a national rather than a customary court; customary law is
deemed valid only when it is not ``repugnant to natural justice,
equity, and good conscience.'' However, many citizens in rural areas
remained unaware of their rights under civil law and were taught that
customary laws form the rules by which they must abide. Consequently,
traditional courts remained important in rural areas and served as a
primary means for settling disputes. Most traditional courts permitted
appeal of their decisions to traditional authorities of higher rank.
The legal structure is influenced strongly by the French legal
system, although in the two 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 received little compensation, the quality of legal
representation for indigent clients often was poor. The Bar Association
and some voluntary organizations, such as the Cameroonian Association
of Female Jurists, offered free assistance in some cases. Trials
normally were public, except in cases with political overtones and
judged disruptive of social peace.
Political bias often brought trials to a halt or resulted in an
extremely long process, with extended court recesses. Powerful
political or business interests appeared to enjoy virtual immunity from
prosecution; some politically sensitive cases were settled with a
payoff. Private journalists, political opponents, and critics of the
Government often were charged or held and sometimes jailed under libel
statutes considered by many observers as unduly restrictive of press
freedom (see Section 2.a.).
On February 4, Amadou Ali, the Minister of State for Justice and
Keeper of the Seals, severely criticized the ``evils of the judiciary''
in his opening remarks during a meeting with head justices of the
different courts of appeal. He criticized violations of procedure,
delayed judgements, and illegal detention, which he believed caused
some observers to refer to court decisions as ``judicial robbery'' and
gave the judiciary a bad image and weakened its powers. The Minister of
State called on his collaborators to take a firm stance in fighting
crime throughout the country.
The Government held a number of political prisoners, including
Anglophones; however, there were no reliable estimates of numbers held
at year's end.
Titus Edzoa, former Minister of Health and long-time presidential
aide who had declared himself a candidate to oppose President Biya in
the 1997 election, and Michel Thierry Atangana, his campaign manager,
remained incarcerated at the maximum security gendarmerie headquarters
with very limited access to visitors at year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
these rights were subject to the ``higher interests of the State,'' and
there were numerous, 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. Police sometimes punished family
members and neighbors of criminal suspects.
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 sweeps were conducted
frequently. Sweeps involving forced entry into homes continued to occur
in Yaounde and Douala, especially as part of Operation Harmattan (see
Section 1.c.). An increase in crime over the years has led to a
dramatic increase in the number of such sweeps, called ``kali-kali'' or
``raffles'' in Douala and Yaounde, respectively. Typically, security
forces seal off a neighborhood, systematically search homes, arrest
persons arbitrarily, and seize suspicious or illegal articles. There
were credible reports that security forces used these sweeps as a
pretext to loot homes and arbitrarily arrest persons for minor
offenses, such as not possessing identity cards (see Section 2.d.). For
example, a police patrol raided the American Bar, a gambling and
drinking establishment in Douala's Bepanda neighborhood. Under the
guise of a drug search, the patrol stripped naked the bar's patrons and
confiscated money and cell phones. The patrol repeated the same
operation 2 days later at Moulin Rouge, an inexpensive popular Douala
hotel.
In efforts to combat highwaymen, Colonel Pom and his special
antigang gendarmerie unit used informants to identify and accuse
persons of taking part in highway robbery (see Section 1.a.). Standards
of proof for such accusations were 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 Douala Operational
Command reportedly used informants in a similar fashion. These
informants often were former criminals or prison guards, and were used
to target criminals who then were summarily executed (see Section
1.a.).
At year's end, no compensation had been provided for houses that
the Government destroyed along several of Yaounde's main roads in
anticipation of the France-Africa Summit in January 2001. The
Government also reportedly relocated Yaounde squatters, many of whom
had mental disabilities, to the neighboring town of Mbalmayo for the
duration of the summit. The squatters returned to Yaounde following the
summit but were not allowed to reoccupy the site from which they were
removed.
There have been accusations, particularly in the North and Far
North Provinces, of traditional chiefs arbitrarily evicting persons
from their land. There also were credible reports that security forces
forced Baka out of their homes (see Section 5). No further information
was available on the May 2001 forcible eviction of Feu Bouba Toumba in
Maroua at 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; 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. The Government
sometimes invoked these statutes to silence criticism of the Government
and officials.
Unlike in the previous year, no one was tried for defamation.
The Government publishes an official newspaper, the Cameroon
Tribune. This paper occasionally implies criticism of the Government;
however, its reporters did 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.
While approximately 60 private newspapers were published, only an
estimated 20 were published on a regular basis. Most continued to be
highly critical of the Government and reported on controversial issues
including corruption, human rights abuses, and economic policies.
Journalists continued to be critical of the Government; however, some
journalists practiced self-censorship.
Despite the large number of newspapers in the country, the
influence of print media on the average person was minimal. Circulation
was low, distribution was problematic outside of Yaounde and Douala,
and prices were high. Consequently, print media reached only a tiny
percentage of the population, most notably the urban elite.
The Government frequently prosecuted its critics in the print media
through criminal libel laws. These laws authorized the Government, at
its discretion and 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
were no new cases of libel during the year; however, the Government
continued to pursue libel cases from previous years.
The Government largely ceased to interfere with private newspaper
distribution or seize print runs of private newspapers; however,
security forces continued to restrict press freedom by harassing or
abusing private print media journalists. The Douala-based French-
language publication Le Front Independent and the Littoral Province
Office of Taxation reportedly negotiated an undisclosed deal during the
year, and the newspaper remained open at year's end.
There were fewer cases of harassment, abuse, and arrests of
journalists reported than during the previous year.
On March 1, the Littoral Province police chief in Douala arrested
Peter William Mandio, publisher of the newspaper Le Front Independent,
and transferred him to the General Security office in Yaounde. Although
the police did not charge Mandio formally, press reports suggested he
was arrested because of a story published disclosing a love affair
between a senior official at the Presidency and a senior female civil
servant. It also was alleged the arrest was due to his membership in
the National Collective against Impunity (CNI), a civil association
started in connection with the Bepanda 9 case. During Mandio's arrest,
the police searched his office and seized certain documents. The
Ministry of Communication, the Ministry of Justice, and the Union of
Central African Newspaper Publishers (UEPAC) criticized the arrest and
requested Mandio's immediate release. He subsequently was released.
On April 14, Yaounde police stormed the Abbia Movie Theater and
seized the movie Braquages. The police claimed to be acting on
instructions from the DGSN. The theater owner said the seizure was
illegal because the movie had been sanctioned by the National
Censorship Commission. According to press reports, the DGSN seized the
movie because it inappropriately corresponded with the launching of
Operation Harmattan. Abbia management's attempts to retrieve the film
had not been successful by year's end.
There were no further developments on the following 2001 cases: the
July arrest and detention of journalists Robert Harris, Mindja Meka,
and Samuel Zang Des Joies; the July reported threat, harassment,
arrest, and detention of Florent Ndjiki, Pierre Clement Tjomb, and
Francois Bikoro; the August arrest and detention of journalist George
Baongla; the August assault on journalist Remy Ngomo; and the October
summoning and detention of Jean Marc Soboth, editor of La Nouvelle
Expression.
There were no known developments in the 2000 case of Severin
Tchounkeu, publisher of the Douala-based French-language tri-weekly, La
Nouvelle Expression.
Radio remained the most important medium for reaching most
citizens. There were approximately 2 million radios in the country.
Television was less pervasive but still more influential than print
media.
Rural radio stations must submit an application to broadcast but
were exempt from paying fees. Potential commercial radio and television
broadcasters must submit a licensing application and pay a fee when the
application is approved. The annual licensing fees potentially were
prohibitive: $15,600 (10 million CFA francs) for radio broadcasters;
$73,000 (50 million CFA francs) for local television stations; and
$146,000 (100 million CFA francs) for national television stations. The
Ministry of Communication has received more than 100 applications from
potential broadcasters. Five Yaounde-based private radio stations that
previously had been broadcasting illegally and submitted applications
to be licensed still had not received licenses at year's end. A small
number of radio stations previously broadcasting illegally, including
Radio Soleil, which broadcast from the Muslim quarter of Yaounde, did
not apply for licenses, claiming the fees were exorbitant. The
Government continued to allow these stations to broadcast. Although it
has not obtained a license, Magic FM broadcast daily and had a wide
audience. Radio Star and Radio Ventas still were not broadcasting at
year's end.
There were several low-power, rural community radio stations funded
primarily by foreign countries with extremely limited broadcast range.
These stations, which broadcast educational programs to small
audiences, were not allowed to discuss politics. The law permits
broadcasting of foreign news services but requires the foreigners to
partner with a national station. The British Broadcasting Company (BBC)
and Radio France International (RFI) broadcast in partnership with
state-owned CRTV. During the year, the Government continued to allow
the reception of international cable and satellite television
broadcasts.
The state-owned CRTV broadcast on both television and radio and was
the only officially recognized and fully licensed broadcaster in the
country. The Government levied taxes on all registered taxpaying
citizens in order to finance CRTV programming, which allowed CRTV a
distinct advantage over new independent broadcasters.
Like the Cameroon Tribune, CRTV provided broad reporting of CPDM
activities, while giving relatively little attention to the political
opposition. CRTV management, which repeatedly has instructed CRTV staff
to ensure that government views prevailed at all times, in the past
punished CRTV journalists who criticized government policy.
CRTV television and radio programming included a weekly program,
Direct Expression, which ostensibly fulfilled the Government's legal
obligation to provide an opportunity for all political parties
represented in the National Assembly to present their views. However,
during the program, CRTV continued to restrict the freedom of speech of
the SDF by occasionally censoring and significantly shortening proposed
SDF programming.
In January Francis Wete, Deputy General Manager of CRTV, informed
the leaders of opposition parties represented in the National Assembly
that the program Political Space would be suspended during the African
Nations Soccer Cup Finals and would resume on February 12. The
suspension resulted in strong protest from the SDF insisting that
soccer should not be given precedence over the country's politics.
High-tech communications, including the Internet, e-mail, and
satellite phones were not widely available or heavily utilized;
however, a few cybercafes provided occasional Internet or e-mail access
in some urban areas. There were at least six domestic Internet service
providers, some of which were privately owned. The Government has not
attempted to restrict or monitor these forms of communication.
Although there were no legal restrictions on academic freedom,
state security informants operated on university campuses. Many
professors believed that participation in opposition political parties
could affect adversely their professional opportunities and
advancement. Free political discussion at the University of Yaounde was
hindered by the presence of armed government security forces, and some
university students were harassed. On May 27, gendarmes stormed a
Yaounde II University dormitory located in the Yaounde suburb of Soa
and arrested five students (Jean Bruno Tagne, Alain Tayo, Vincent
Chatue, Theodore Datchoua, and Josiane Fotsing) who were members of a
student group that had voiced grievances against the administration.
The University failed to validate some of the students' previous
courses, which barred them from registering for the third year
curriculum. The students passed out anti-University literature and
subsequently became suspects in March and June arson incidents that
destroyed University property. The students were held in police custody
for 2 days and released pending further interrogation by the
prosecutor. There were no new developments at year's end.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly; however, the Government restricted this right
in practice. The law requires organizers of public meetings,
demonstrations, or processions to notify officials in advance but 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, officials routinely have asserted that
this provision of the Penal Code implicitly authorized the Government
to grant or deny permission for public assembly. Consequently, the
Government often has not granted permits for assemblies organized by
persons or groups critical of the Government and repeatedly used force
to suppress public assemblies for which it has not issued permits.
There was a ban on SCNC activities from September 28 to October 10
in the Northwest and Southwest Provinces. There were no other bans on
public rallies or marches during the year.
Security forces disrupted attempts by the SCNC to hold
demonstrations on October 1 in Bamenda and Mamfe. There were no other
reports that security forces forcibly disrupted demonstrations during
the year.
On January 17, Oliver Nyuki, one of the demonstrators who was shot
during the October 2001 SCNC demonstration in Kumbo, North West
Province, died of his wounds.
No action reportedly was taken against the members of the security
forces who forcibly dispersed demonstrations in 2001 and in 2000.
The law provides for freedom of association, and the Government
generally respected this right in practice; however, there were some
exceptions. The conditions for government recognition of a political
party, a prerequisite for many political activities, were not onerous.
More than 150 political parties operated legally, together with a large
and growing number of civic associations.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, there were some exceptions.
In general the Law on Religious Congregations governs relations
between the Government and religious groups. Religious groups must be
approved and registered with the Ministry of Territorial Administration
to function legally; there were no reports that the Government refused
to register any group. It was illegal for a religious group to operate
without official recognition, but the law prescribes no specific
penalties for doing so. The approval process usually takes several
years, due primarily to administrative delays. The only religious
groups known to be registered were Christian and Muslim groups and the
Baha'i Faith; additional groups may be registered. The Ministry stated
that the number of registered religious denominations was 38. The
Government did not register traditional religious groups on the grounds
that the practice of traditional religion was a private concern
observed by members of a particular ethnic or kinship group or the
residents of a particular locality.
Government officials disapproved of and questioned criticism of the
Government by religious institutions and leaders; however, there were
no reports that officials used force to suppress such criticism.
The sites and personnel of religious institutions were not exempt
from the human rights abuses committed by government security forces;
however, there were fewer reports of such abuse than in previous years.
The practice of witchcraft is a criminal offense under the law;
however, individuals generally were prosecuted for this offense only in
conjunction with another offense, such as murder. Witchcraft
traditionally has been a common explanation for diseases of unknown
cause.
On March 25, 6-year-old Manuella Cynthia Selam Tiave allegedly was
tortured and killed by her mother and two other members of the Malla'a
sect. The alleged purpose of the ``session'' was to follow the
prescription of the sect's goddess and rid the girl of a demon that
possessed her soul. In early April, the Prefet of Wouri Divison banned
the Malla'a sect because of the alleged murder.
On July 26, the GSO, a special Yaounde police unit, arrested 21-
year-old Robert Ndoumbe Elimbi for the April 2001 murder of Appolinaire
Ndi, a parish priest in the Yaounde diocese. Elimbi remained in
detention at year's end.
There were no developments in the May 2001 case of the shooting
death of Father Henri Djeneka.
In the northern provinces, especially in rural areas, societal
discrimination by Muslims against persons who practiced traditional
indigenous religions was strong and widespread. Some Christians in
rural areas of the north complained of discrimination by Muslims;
however, no specific incidents or violence stemming from religious
discrimination were reported, and the reported discrimination may
reflect ethnic as much as religious differences.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights;
however, in practice security forces routinely impeded domestic travel.
Roadblocks and checkpoints manned by security forces have
proliferated in cities and most highways making road travel both time-
consuming and costly, since extortion of small bribes was commonplace
at these checkpoints. Police frequently stopped travelers to check
identification documents, vehicle registrations, and tax receipts as
security and immigration control measures. During the year, security
forces injured persons they thought were evading checkpoints. For
example, on April 10, a gendarme shot 32-year-old Francis Akondi
Ndanle, a Bamenda, North West Province, taxi driver that he thought was
trying to evade a checkpoint. Although the gendarme was not arrested,
the North West Gendarmerie Legion conducted an investigation, the
results of which were unknown at year's end.
There were credible reports that police arrested and beat
individuals who failed to carry their identification cards (see
Section.f.).
During the year, authorities confiscated the passports of several
human rights activists (see Section 4). For example, on June 16, Douala
airport police confiscated the passport, national identification card,
and driving license of human rights activist and publisher of Le
Messager newspaper, Pius Njawe, when he returned from a trip to
England. No justification was given. On June 19, Njawe's papers were
returned to him.
There were no curfews imposed during the year.
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 cooperated with the
office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. The Government
provided first asylum to persons who arrived at the border without
documentation but who could show a valid claim to refugee status. In
February approximately 21,000 Fulanis fleeing Nigeria entered the
country. Approximately 5,000 to 6,000 Chadians were repatriated during
the year. In November the UNHCR reported a total of 56,000 refugees,
including 39,000 Chadians and 15,000 Nigerians. Other refugees mainly
were from Rwanda, Burundi, and the Democratic Republic of the Congo,
with small numbers from Liberia, Sudan, and Ethiopia. The Government
accepted refugees for resettlement who were granted refugee status by
the UNHCR.
The UNHCR office in Gabon was responsible for refugees. However, in
early May, UNHCR West and Central Africa Bureau Chief Bah Thierno Oumar
stated that the UNHCR intended to reopen its office in the country
following the flow of more than 21,000 refugees fleeing ethnic unrest
in Nigeria's Taraba State. The office was expected to reopen in early
2003 (see Section 4).
Some illegal immigrants were subjected to harsh treatment and
imprisonment. Communities of Nigerians and Chadians often were the
targets of police and gendarme harassment. During raids members of the
security forces often extorted money from those who did not have
regular residence permits or those who did not have valid receipts for
store merchandise.
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
The Constitution provides that citizens have the right to change
their government; however, dominance of the political process by the
President and his party severely limited the ability of citizens to
exercise this right. President Paul Biya has controlled the Government
since 1982 and led the ruling CPDM party since 1985. Both international
and domestic observers widely criticized and viewed as fraudulent the
1997 presidential and legislative elections. 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 and
voting, registration and vote counting procedures were not transparent,
a public announcement of results was delayed, and the number of votes
cast in some pro-government areas exceeded the adult population.
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 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. The Senate and regional council amendments were not
yet implemented by year's end. In the National Assembly, no bills other
than government bills have been enacted since 1991, although the
Assembly sometimes has not enacted legislation proposed by the
Government.
Elections were held by balloting that officially was described as
secret but permitted voters to leave the polling place with evidence of
how they voted. At polling places on election day, registered citizens
received a package containing one card for each candidate. While alone
inside a closed booth, citizens chose a ballot and sealed it into an
envelope. Citizens then deposited the sealed envelope into a ballot box
outside the booth. In previous elections, citizens could not dispose of
their ballots privately; however, during the legislative and municipal
elections, polling officials provided trash bags so that voters could
dispose of unused ballots privately before exiting the closed booth.
President Biya's October 1997 reelection was marred by serious
procedural flaws as well as a boycott by the three major opposition
parties. While the boycott made the outcome a foregone conclusion, most
observers nonetheless considered the election to be neither free nor
fair. Election irregularities especially were egregious in opposition
strongholds where boycotting opposition activists were not present to
monitor voting procedures. The Supreme Court declared President Biya
the winner with 92.57 percent of the vote, and the UNDP, which
previously had been an opposition party, joined the CPDM in a coalition
government that included a faction of the UPC party.
The President's control over the country's administrative apparatus
was extensive. The President appoints all Ministers including the Prime
Minister. On August 24, President Biya reshuffled his cabinet to bring
in 18 new ministers, 16 of whom were CPDM members. The President also
directly appoints the governors of each of the 10 provinces. The
governors in turn wield considerable power in the electoral process,
interpreting and implementing the laws. 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 the district chiefs. The governors and
senior divisional officers wield considerable authority within the
areas under their jurisdiction, including the authority to ban
political meetings that they deem likely to threaten public order (see
Section 2.b.). They also may detain persons for renewable periods of 15
days to combat banditry and other security threats (see Section 1.d.).
The right of citizens to choose their local governments remained
circumscribed. The Government has increased greatly the number of
municipalities run by presidentially appointed delegates, who have
authority over elected mayors. Delegate-run cities included most of the
provincial capitals and some division capitals in pro-opposition
provinces; however, this practice was nonexistent in the southern
provinces, which tended to support the CPDM. However, in municipalities
with elected mayors, local autonomy was limited since elected local
governments relied on the central government for most of their revenue
and administrative personnel.
In 2001 the President signed a law that provides for the creation
of the National Election Observatory (NEO) to supervise electoral
procedure from the registration of voters to the collection of reports
after the polls; all polling stations were expected to have a
representative from the NEO. The law also provides that the NEO should
have a presidentially appointed national office to appoint local
offices at the levels of provinces, divisions, subdivisions, and
districts. A presidential decree appointed the NEO's members in October
2001. The President postponed scheduled January municipal elections to
June, ostensibly to give the NEO time to ensure free and fair
elections. The NEO demonstrated a high level of political independence,
facilitated voter registration, and encouraged free media access for
opposition candidates. The President postponed the elections for
another week after the opening of polls on June 23 since the
administration failed to distribute electoral materials.
Legislative and municipal elections were held on June 30. The
postponement of the elections contributed to low voter turnout. The
ruling CPDM gained seats in municipal councils and in the National
Assembly, it won 150 of 180 seats. The election results largely
reflected the will of the people; however, there was much
disorganization and some fraud. The Catholic Church, which observed the
elections along with NEO, reported several election irregularities,
including corruption, ghost polling stations, and discriminatory voter
registration. NEO also admitted to administrative deficiencies in voter
registration. Following the election, six opposition parties reported
massive fraud and boycotted the municipal councils and the National
Assembly. On July 18, the Supreme Court annulled legislative election
results in nine divisions, in which the CPDM had won eight seats. The
Court rescheduled elections in these divisions to occur within 60 days;
they took place on September 15. On September 7, the Court also
annulled the results for municipal elections in 17 districts due to
violence, consisting mostly of fighting between political party members
and polling station or ruling party officials, looting, and
intimidation in those elections that largely were won by the CPDM.
There were no laws that specifically prohibit women or members of
minorities from participating in government, the political process, or
other areas of public life. Women held 16 of 180 seats in the National
Assembly, 3 of 50 cabinet posts, and a few of the higher offices within
the major political parties, including the CPDM.
Many of the key members of the Government were drawn from the
President's own Bulu/Beti ethnic group, as were disproportionately
large numbers of military officers and CPDM officials. Members of some
of the other 200 ethnic groups held 39 cabinet seats, compared with 16
cabinet positions held by members of the President's ethnic group. The
Biya government has proven particularly intolerant of opposition from
within its Beti/Bulu ethnic-regional base in the Center Province.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing findings on human rights cases; however, government
officials repeatedly impeded the effectiveness of human rights NGOs
during the year by limiting access to prisoners, refusing to share
information, and increasingly threatening and using violence against
personnel of human rights NGOs (see Section 1.d.). The activities of
virtually all of these groups were limited by a shortage of funds and
trained personnel. Observers have criticized the country's NGO laws for
giving the Government loopholes with which it could deny authorization
to operate or eliminate NGOs by decree.
Domestic human rights NGOs included 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 (Nouveaux Droits de l'Homme), the Movement for the Difference
of Human Rights and Liberties, the Human Rights Defense Group (HRDG),
the National Association of Nontribalists and Nonracists, the Committee
of Action for Women's and Children's Rights, the Human Rights Clinic
and Education Center, the Association of Women against Violence (ALVF),
the Cameroon National Association for Family Welfare, Tribes Without
Frontiers, the Association for the Promotion of Communal Initiatives,
and the League for Rights and Freedoms. Many of these groups held
seminars and workshops on various aspects of human rights.
On January 16, security forces from the National Center for
External Research arrested Abdoulaye Math, President of the Movement
for the Defense of Freedom and Human Rights, in Yaounde. Math was
arrested on his way to Ireland, where he was scheduled to deliver a
speech on human rights in Cameroon. He was detained for 5 hours and his
passport was confiscated. On September 28, members of the gendarmerie
arrested Albert Mukong, former executive director of the HRDG in
Ayukaba, Southwest Province (see Section 1.d.).
In late January, six international NGOs, Lawyers without Borders,
the International Federation of Human Rights Leagues, the International
Federation of the Action of Christians for the Abolition of Torture,
Agir Ensemble, Reporters without Borders, and the World Organization
Against Torture traveled to the country to investigate reported
egregious acts perpetrated by the Operational Command. While they were
able to meet with local NGOs and a representative of the Government's
NCHRF, the group had no other contacts with government officials.
In June Mary Robinson, the U.N. High Commissioner for Human Rights
visited the country. Robinson held meetings with Prime Minister Peter
Mafany Musonge and other government officials. She also inaugurated the
Central African Sub-regional Center for Human Rights in Yaounde.
The Government-established 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 criticized the
Government's human rights abuses publicly, 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.),
and attempted to obtain medical attention for jailed suspects in
specific cases. The law prohibits the NCHRF from publishing information
on specific human rights cases; however, it may and does submit reports
on specific alleged abuses to the authorities directly involved, along
with recommendations for improving conditions or punishing violators.
In April the NCHRF sent a team to Bafoussam to investigate the alleged
disappearance of nine bandits who were detained in gendarmerie cells
(see Section 1.b.).
The UNHCR, which ceased operations in the country in December 2001,
was scheduled to reopen an office in early 2003 (see Section 2.d.).
Section 5. Discrimination Based on Race, Sex, 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''; however, the Government did not enforce these
provisions effectively.
Women.--Domestic violence against women was common. Women's rights'
advocates reported that the law does not impose effective penalties
against men who commit acts of domestic violence. There were no gender-
specific assault laws, despite the fact that women were the predominant
victims of domestic violence. Spousal abuse was not a legal ground for
divorce. In cases of sexual assault, a victim's family or village often
imposed direct, summary punishment on the suspected perpetrator through
extralegal means, ranging from destruction of property to beating.
While there were no reliable statistics on violence against women, a
large number of newspaper reports indicated that the phenomenon was
widespread.
Female genital mutilation (FGM) was not practiced widely. However,
it continued to be practiced in 3 of the 10 provinces, including some
areas of Far North, Eastern, and Southwest Provinces. Internal
migration contributed to the spread of FGM to different parts of the
country. The majority of FGM procedures were clitorectomies; however,
the severest form of FGM, infibulation, was performed in the Kajifu
region of the Southwest Province. FGM usually was practiced on infants
and preadolescent girls. The Government has criticized the practice;
however, no law prohibits FGM. The ALVF conducted a program in Maroua
to assist female victims of FGM and their families and to educate local
populations.
Despite constitutional provisions recognizing women's rights, women
did not enjoy the same rights and privileges as men. 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 were prejudicial to women. The law 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 law allows
a husband to end his wife's commercial activity by notifying the clerk
of commerce tribunal of his opposition based upon the family's
interest. Partly for this reason, some employers required a husband's
permission before hiring female employees.
Civil law offered a more equal standard than customary law, which
was far more discriminatory against women, since in many regions a
woman customarily was regarded as the property of her husband. Because
of the importance attached to customs and traditions, laws protecting
women often were not respected. Despite the law that fixes a minimum
age of 15 years for a bride, many families married young girls by the
age of 12 years. In the customary law of some ethnic groups, husbands
not only maintained complete control over family property, but also
could divorce their wives in a traditional court without being required
to provide either verifiable justification or alimony. Polygyny was
permitted by law and tradition, but polyandry was not. In cases of
divorce, the husband's wishes determined 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.
Traditional law normally governed the extent to which a woman may
inherit from her husband in the absence of a will, and traditions
varied from group to group. In many traditional societies, custom
grants greater authority and benefit to male heirs than to female
heirs. Women also faced the issue of forced marriage; in some regions,
girls' parents could and did give girls away in marriage without the
bride's consent. Often the husband, who could be many years older than
his bride, paid his wife's parents a ``bride price.'' Since a price had
been paid, the girl was considered the property of the husband. When a
married man died, his widow often was unable to collect any
inheritance, since she herself was considered part of the man's
property. Often the widow was forced to marry one of the deceased's
brothers. Refusal meant that she had to repay the bride price in full
and leave the family compound. In the northern provinces, some Lamibe
(traditional rulers) reportedly prevented their wives and concubines
from leaving the palace. The lack of a national legal code covering
such family issues often left women defenseless against these male-
oriented customs.
Children.--The Constitution provides for a child's right to
education, and schooling was mandatory through the age of 14 years. The
Government took measures during the year to improve access to schools.
Since parents had to pay uniform and book fees for primary school, and
because tuition and other fees for secondary education remained costly
despite the elimination of tuition fees for public elementary schools,
education largely was unaffordable for many children. According to
statistics published in September in the Cameroon Tribune,
approximately 4.5 million children, or 85 percent of all children, were
enrolled in school; however, school enrollment varied widely by region.
In the Far North Province, it was reported that well below 50 percent
of children attended school; the majority of attendees were boys.
Though illegal, in practice girls continued to suffer from
discrimination and access to education throughout the country. The gap
in school attendance was 14 percent nationally and 34 percent in the
two most northern provinces. This problem, which especially was acute
in rural areas, resulted in higher levels of illiteracy among women
than men.
The exact degree of familial child abuse was not known; however,
the problem was one of several issues targeted by children's rights
organizations. During a crime wave in the country's largest cities of
Yaounde and Douala, newspaper reports often cited children as victims
of kidnaping, mutilation, and even infanticide. There were several
credible stories of mothers (usually young, unemployed, and unmarried)
abandoning their newborns in streets, garbage cans, and pit toilets. In
2001 the Yaounde-based Center for Helpless Children harbored 24
abandoned or abused children, a small fraction of the suspected cases
of abused, abandoned, or neglected children.
Early marriage was prevalent in the northern provinces of Adamawa
and North, but especially characteristic of the remote Far North
Province where many young women faced severe health risks from
pregnancies as early as 13. Authorities were becoming increasing
concerned about this situation. In March the Governor of Adamawa
Province called on parents to stop giving young girls in marriage to
men old enough to be their grandparents.
FGM was performed primarily on young girls (see Section 5, Women).
There were reports of child prostitution and trafficking in
children during the year (see Section 6.f.).
Persons with Disabilities.--The law provides certain rights to
persons with disabilities, including access to public institutions,
medical treatment, and education. The Government was obliged to bear
part of the educational expense of persons with disabilities, to employ
them where possible, and to provide them with public assistance when
necessary; however, the Government rarely respected these rights. There
were few facilities for persons with disabilities and little public
assistance of any kind. Lack of facilities and care for persons with
mental disabilities particularly was acute. In recent years, the
Government reportedly has reduced the share of its expenditures
benefiting persons with disabilities and has terminated subsidies to
NGOs that helped them. Society largely tended to treat those with
disabilities as misfits, and many felt that providing assistance was
the responsibility of churches or foreign NGOs. The law does not
mandate special access provisions to private buildings and facilities
for persons with disabilities.
In August 2001, the Littoral National Education provincial
officials threatened to expel members of the Cooperative of the
Handicapped Persons of Cameroon from a building in which they were
believed to be squatting. The Cooperative claimed the structure
officially was given to them by the Provincial Delegation of the
Ministry of Social Affairs. The National Education officials ultimately
ceased the threats.
In September 2001, several blind persons blocked the road junction
in Yaounde between the Ministry of Education and the Prime Minister's
office asking to speak to the Prime Minister about the eviction of
several blind persons from a building in which they were living
illegally. The Prime Minister refused to meet with the group, and the
group was expelled from the building early in the year.
Indigenous Persons.--A population of approximately 50,000 to
100,000 Baka (Pygmies), a term that encompasses several different
ethnic groups, primarily resided (and were the earliest know
inhabitants) in the forested areas of the South and East provinces.
While no legal discrimination exists, other groups often treated the
Baka as inferior and sometimes subjected them to unfair and
exploitative labor practices. There were credible reports that logging
companies and security forces forced Baka out of their homes. Baka
reportedly continued to complain that the forests they inhabit were
being logged without fair compensation. Some observers believe that
sustained logging was destroying the Baka's unique, forest-oriented
belief system, forcing them to adapt their traditional social and
economic systems to a more rigid modern society similar to their Bantu
neighbors. Local Baka along the proposed path of the Chad-Cameroon
pipeline continued to complain that they were not compensated fairly
for their land. Others alleged that they have been cheated of their
compensation by persons posing as Baka representatives.
An estimated 95 percent of Baka did not have national identity
cards; most Baka could not afford to provide the necessary
documentation in order to obtain national identity cards, which were
required to vote in national elections.
The Government made some efforts toward improving the condition of
Baka and making them full citizens. In January the Ministry of Social
Affairs, the ILO, and a group of NGOs met in Abong-Mbang, Upper Nyong
Division, East Province, to put in place strategies for the socio-
economic advancement of the Baka. A second conference was held in
November, but no concrete results were reported by year's end.
National/Racial/Ethnic Minorities.--The population was divided into
more than 200 ethnic groups, among which there were frequent and
credible allegations of discrimination. Ethnic groups commonly gave
preferential treatment to fellow ethnic group members both in business
and social practices.
Members of President Biya's Bulu ethnic group and of the closely
related Beti groups of southern parts of the country held key positions
and disproportionately were represented in government, 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 long has been perceived widely to favor these two groups.
Prospective economic and political liberalization was perceived as
potentially harmful to these groups and potentially favorable to other
groups such as the large Bamileke and Anglophone ethnic-cultural groups
of the west whose members tended to be more active in private commerce
and industry.
Northern areas of the country suffered from ethnic tensions between
the Fulani (or Peuhl) and the Kirdi. The Kirdi remained socially,
educationally, and economically disadvantaged relative to the Fulani in
the three northern provinces. Traditional Fulani rulers, called Lamibe,
continued to wield great power over their subjects, often including
Kirdi, sometimes subjecting them to tithing and forced labor. Slavery
still practiced in northern parts of the country was reported largely
to be Fulani enslavement of Kirdi. Although the UNDP party was based
largely in the Fulani community, the ruling CPDM party has a history
representing Fulani as well as Beti-Bulu interests.
Since 1990 natives of the two Anglophone provinces, the Northwest
and Southwest Provinces, have tended to support opposition party SDF
and have suffered disproportionately from human rights violations
committed by the Government and its security forces. The Anglophone
community largely was underrepresented in the public sector.
Anglophones generally believed that they had not received a fair share
of public sector goods and services within their two provinces. Many
residents of the Anglophone region sought greater freedom, equality of
opportunity, and better government by regaining regional autonomy
rather than through national political reform and have formed several
quasi-political organizations in pursuit of their goals.
At least one Anglophone group, the SCNC, advocates secession from
the country. Subsequent to strident secessionist activity in 1999, the
SCNC has calmed considerably; however, the Government continued to hold
some SCNC activists or suspected SCNC supporters in detention without
trial. The opposition SDF party, whose base of support resides in the
Anglophone provinces, reiterated its commitment to pursue a nonviolent
political struggle toward the restoration of a federal republic.
Members of the country's large community of Nigerian immigrants
often complained of discrimination and abuse by government officials
(see Section 2.d.). Government officials repeatedly have announced
crackdowns on undocumented Nigerian immigrants.
Section 6. Worker Rights
a. The Right of Association.--The law allows workers both to form
and join trade unions; however, it imposes numerous restrictions. The
law requires that unions register with the Government, permitting
groups of at least 20 workers to organize a union by submitting a
constitution, internal regulations, and non-conviction certifications
for each founding member. For unions in the private sector, the
Government requires registration with the Ministry of Labor, Employment
and Social Insurance. Unions for public sector workers must register
with the Ministry of Territorial Administration. The law does not
permit the creation of a union that includes both public and private
sector workers.
The Government indicated that it remits certification within 1
month of union application; however, in practice independent unions,
especially in the public sector, have found it difficult to obtain
registration. In addition, the requirement for union registration
apparently contradicts the International Labor Organization (ILO)
Convention 87, which the country signed in 1960. The Convention states
that unions have the right to exist through declaration not through
government recognition or registration. Registered unions were subject
to government interference. The Government chose the unions with which
it would bargain; some independent unions accused the Government of
creating small non-representative unions amenable to government
positions and with which it could negotiate more easily. Some sections
of labor law have not taken effect because the presidency had not
issued implementing decrees.
There were two trade union confederations: The Confederation of
Cameroonian Trade Unions (CCTU) and the Union of Free Trade Unions of
Cameroon (USLC). In 2000 the Ministry of Labor, Employment and Social
Insurance publicly began to support a faction of the CCTU; however, a
court declared illegal an August 2001 ``unity'' conference attended by
400 members of the faction. The court stated that only the nationally
(and legally) recognized body of CCTU had the power to convoke CCTU
conferences.
The law prohibits antiunion discrimination, and employers guilty of
such discrimination were subject to fines up to approximately $1,600 (1
million CFA francs). However, employers found guilty were not required
to compensate the workers against whom they discriminated or to
reinstate fired workers. The Ministry of Labor has not reported any
complaints of such discrimination during recent years; however, one
organizer of the Union for Telecommunications Workers has claimed that
his state-owned company demoted him due to union activism. The
Confederation of Independent Trade Unions of Cameroon at SONEL
complained to the ILO in 1998, on behalf of staff delegate Olongo, that
he was dismissed in 1988 because of his union activity, that the Court
of Appeals' ruling in favor of his reinstatement was suspended by the
Supreme Court, and that he had been unable to obtain a final judgment.
During the year, the ILO Committee of Experts noted that 14 years after
the dismissal, Mr. Olongo still was waiting for some form of
compensation and urged the Government to take all necessary measures to
ensure that he receive full compensation for his wrongful dismissal.
The CCTU was a member of the Organization of African Trade Unions
and the International Confederation of Free Trade Unions. The USLC was
a member of the Organization of African Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining between workers and management as
well as between labor federations and business associations in each
sector of the economy; however, no formal collective bargaining
negotiations have taken place since 1996. When labor disputes arose,
the Government chose the labor union with which it would negotiate,
selectively excluding some labor representatives. Once agreements were
negotiated, there was no mechanism to enforce implementation; some
agreements between the Government and labor unions were ignored by the
Government subsequent to negotiation.
The Labor Code explicitly recognizes workers' right to strike but
only after mandatory arbitration. Arbitration decisions legally were
not enforceable and could be overturned or simply ignored by the
Government. On March 26, the Minister of Labor held a meeting with the
Labor National Consultative Committee in an attempt to streamline the
proceedings for convoking a strike, which requires amending Articles
157 through 165 of the Labor Code. Meeting results were not made public
at year's end.
The law provides for the protection of workers engaged in legal
strikes and prohibits retribution against them; however, these
provisions of the law do not apply to civil servants, employees of the
penitentiary system, or workers responsible for national security.
Instead of strikes, civil servants were required to negotiate
grievances directly with the minister of the appropriate department in
addition to the Minister of Labor.
Labor unrest continued during the year. There were strikes by
workers in various state-owned companies as well as the public service
sector. Secondary teachers observed sporadic strikes throughout the
2001-2002 academic year. For several years, teachers demanded promised
salary bonuses, and typically the Government agreed that the bonuses
will come at the end of the year, then did not follow through on the
promise.
From December 2001 to March, Cameroonian workers of Doba Logistics,
a company involved in the construction of the Chad-Cameroon pipeline,
staged a strike demanding better pay. The workers complained of
discrimination because they believed that their expatriate counterparts
received higher salaries. On March 10, management agreed to a salary
increase.
On August 19, police officers in Douala's Bonamoussadi neighborhood
arrested two taxi drivers, 30-year-old Jacques Ngagnang and 27-year-old
Clement Casimir Ewondo, on charges of attempting to provoke a strike.
On the morning of August 19, Ngagnang, Ewondo, and other taxi drivers
started a strike in protest of the new Ministry of Transportation
requirement that all taxi drivers must carry a badge in their vehicles
in order to be easily identified by their clients and to increase taxi
security. The taxi drivers thought the cost of the badge, $8 (5,000 CFA
francs) was too high. On August 21, a Douala prosecutor interrogated
the striking taxi driver group and subsequently ordered their detention
and transfer to the New Bell Central prison where they awaited trial at
year's end. Various press reports have stated that Douala's Wouri
Division Prefet (Senior Divisional Officer) ordered the driver's
detention.
On August 19, in Garoua, North Province, bus and bush-taxi owners
observed a 24-hour strike to protest police harassment.
There was an industrial free trade zone, but the Government has not
granted approval to any firms to take part in the zone. Free trade zone
employers were exempt from some provisions of the Labor Code but must
respect all internationally recognized worker rights.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor; however, it occurred in practice. 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 northern parts of the country, including in the Lamidat of Rey
Bouba, a traditional kingdom in the North Province (see Section 5). In
the South and East Provinces, some Baka (Pygmies), including children,
continued to be subjected to unfair and exploitative labor practices by
landowners, working on the landowners' farms during harvest seasons
without payment (see Section 5).
The Government does not expressly prohibit forced and bonded labor
by children; there were reports that these practices occurred (see
Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law generally protects children in the field of labor
and education and specifies penalties ranging from fines to
imprisonment for infringement. In April 2001, President Biya ratified
ILO Convention 138 that sets a minimum age of 14 for child employment.
The law also bans night work and enumerates tasks that cannot be
performed legally by children between the ages of 14 and 18 years.
These tasks included moving heavy weights, dangerous and unhealthy
tasks, working in confined areas, and prostitution. The law also states
that a child's workday cannot exceed 8 hours. Employers were required
to train children between the ages of 14 and 18, and work contracts
must contain a training provision for minors. The law prohibits
children from working before 6 a.m. or after midnight, though this
prohibition was not enforced effectively.
According to a 2000 ILO study conducted in conjunction with local
NGOs and the Ministry of Labor, child labor remained a serious problem,
although the Government has made some progress toward its amelioration.
In February the Government, along with the African Soccer Confederation
(CAF), promoted the radio-televised ``red-card'' campaign against child
labor. In the nation's major cities of Yaounde, Douala, and Bamenda the
ILO estimated in 2000 that 40 percent of employed children were girls,
7 percent were less than 12 years of age, and 60 percent had dropped
out of primary school.
The Ministry of Social Affairs and the Ministry of Labor were
responsible for enforcing existing child labor laws through site
inspections of registered businesses; however, lack of resources
inhibited an effective inspection program. Moreover, the legal
prohibitions do not include family chores, which in many instances were
beyond a child's capacity. According to the ILO study, child labor
existed chiefly in urban areas and in the informal sector such as
street vending, car washing, agricultural work, and domestic service.
An increasing number of children worked as household help and some
children were involved in prostitution. In the north of the country,
there were credible reports that children from needy homes were placed
with other families to do household work for pay.
In rural areas, many children began work at an early age on family
farms. Parents viewed child labor as both a tradition and a rite of
passage. Often, relatives employed rural youth, especially girls, as
domestic helpers. Many urban street vendors were less than 14 years of
age.
On May 27, President Biya ratified ILO Convention 182 on the worst
forms of child labor.
The Government does not prohibit forced and bonded labor by
children, and there were reports that it occurred in practice (see
Section 6.f.).
e. Acceptable Conditions of Work.--Under the law, the Ministry of
Labor was responsible for setting a single minimum wage nationally
applicable in all sectors. The minimum wage was approximately $40
(23,514 CFA francs) per month. The wage did not provide for a decent
standard of living for an average worker and family.
The law establishes a standard workweek of 40 hours in public and
private nonagricultural firms and 48 hours in agricultural and related
activities. The law mandates at least 24 consecutive hours of weekly
rest.
The Government sets health and safety standards. Ministry of Labor
inspectors and occupational health physicians were responsible for
monitoring these standards; however, they lacked the resources for a
comprehensive inspection program. There was no specific legislation
permitting workers to extricate themselves from dangerous work
situations without jeopardizing continued employment. Illegal foreign
workers were not able to claim legal protections.
f. Trafficking in Persons.--The law provides that any person who
engages in any form of trafficking in persons shall be punished by 10
to 20 years of imprisonment; however, trafficking was a problem. The
court also may impose a forfeiture penalty on any person who engages in
trafficking. The country was a source, transit, and destination point
for internationally trafficked persons; trafficking also occurred
within the country. In 2000 the Government signed, but has not yet
ratified, a U.N.-sponsored protocol on trafficking in persons.
The Government has criticized the practice of trafficking in
persons, and the Ministry of Labor, Employment, and Social Insurance
was primarily responsible for fighting trafficking. However, that
Ministry severely was underfunded. There were no known cases of
prosecution of traffickers or protection of victims by year's end. The
Government established an interagency committee to combat trafficking
and has developed a program to find and return trafficked children. The
budget for the launching of the Government's interagency action plan to
fight trafficking was scheduled for a vote during the June 2001 budget
session in the National Assembly; however, that chapter was omitted in
the draft budget. Unless the President is able to appropriate funding,
implementation will continue to be delayed.
During the year, in collaboration with the ILO, the Government
hired a consultant to conduct a new investigation assessing the level
of national trafficking. In September the ILO launched a study
assessing forced labor.
An ILO study conducted in 2000 in Yaounde, Douala, and Bamenda,
revealed that trafficking accounted for 84 percent of child laborers
(see Section 6.d.). In most cases, intermediaries presented themselves
as businessmen, approaching parents with large families or custodians
of orphans and promising to assist the child with education or
professional training. The intermediary paid parents an average of $8
(6,000 CFA francs) before taking the child and then transporting him or
her to a city where the intermediary would subject the child to forced
labor for little remuneration. In 4 out of 10 cases, the child was a
foreigner transported to the country for labor. The report also
indicated that Cameroon was a transit country for regional traffickers
as well, transporting children between Nigeria, Benin, Niger, Chad,
Togo, the Republic of the Congo, and the Central African Republic for
indentured or domestic servitude, farm labor, and sexual exploitation.
Citizens also were trafficked to South Africa. Children also were
trafficked within the country. Parents sometimes offered their young
daughters to the Lamido (chief) of the North Province of the Rey Bouba
as gifts.
While there has been no published extensive study on trafficking in
adult persons, anecdotal evidence from the NCHRF and others indicates
that trafficking primarily in women also may exist. Women were
``hired'' into hubs of prostitution, often in Europe. The method for
trafficking women usually involved a marriage proposition by a foreign
businessman. The woman was inducted into servitude upon arrival at a
foreign destination.
The Government was working with local and international NGOs to
provide temporary shelter and assistance to victims of trafficking. In
August the Catholic Relief Service designed the project ``Nkeng-
Shalom'' to combat corruption in local schools that led to child
prostitution.
__________
CAPE VERDE
Cape Verde is a multiparty parliamentary democracy in which
constitutional powers were shared among the elected Head of State,
President Pedro Verona Rodrigues Pires, former president of the African
Party for the Independence of Cape Verde (PAICV); the head of
government, Prime Minister Jose Maria Neves; and Neves' party, the
PAICV. In January 2001, Pires was elected by a slim margin of 12 votes
over the country's former prime minister and Movement for Democracy
(MPD) president, Carlos Veiga, in what the National Electoral
Commission and international media judged to be free and fair
elections. The judiciary generally was independent.
The Government controlled the police, which had primary
responsibility for maintenance of law and order. Some members of the
police and prison guards committed human rights abuses.
The country had a market-based economy but little industry and few
exploitable natural resources. In 2000 per capita income was $1,330.
The country had a long history of economically driven emigration,
primarily to Western Europe and the United States, and remittances from
citizens abroad remained an important source of income. The country
produced food for only 15 percent of its population of 468,200, which
resulted in heavy reliance on international food aid.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Despite
government efforts to control beatings by police officers, there
continued to be credible reports of police abuse. Prison conditions
were poor. The judicial system was overburdened, and lengthy delays in
trials were common. There were some limitations on press freedom, and
there continued to be 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 correct these problems, it failed to adopt, implement, and enforce
policies designed to address the most critical challenges. There were
reports of trafficking in persons. Cape Verde was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 continued to beat persons in custody
and in detention, despite government efforts to stop such practices.
While there were mechanisms for investigating citizen complaints of
police brutality, in practice these mechanisms neither ensured the
punishment of those responsible nor prevented future violations. In
addition, in some instances of violence against women, the police did
not protect the victims effectively (see Section 5). Unlike in the
previous year, there were no reports that immigration authorities
harassed Nigerian citizens (see Section 2.d.). Following its January
2001 election, the Government began investigating allegations of human
rights abuses by police; however, no effective action was taken.
No action was taken, nor was any likely, against police officers
responsible for beating a detainee on Sal Island in 2000.
Prisons conditions were poor and suffered from severe overcrowding.
Sanitation and medical assistance was poor; however, a doctor and a
nurse were available and prisoners were taken to the public hospitals
for serious problems. Psychological problems among prisoners were
common. Although women and men are held separately, juveniles are not
held separate from adults, and pretrial detainees are not held separate
from convicted prisoners.
The Government permitted both formal visits by human rights
monitors to prisons and routine visits to individual prisoners;
however, there were no such visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. 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. The courts had jurisdiction over state security
cases, and there was a functioning system of bail.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The Constitution provides for the right to a
fair trial and due process, and an independent judiciary generally
enforces this right. Cases involving former public office holders
continued under investigation. For example, the investigation continued
in the case of the former Prime Minister accused of embezzling
approximately $16,250 (2 million Cape Verdean escudos) in the
privatization of ENACOL (a parastatal oil supply firm). The case has
been transferred to the Attorney General's office because the former
Prime Minister failed to appear at the first hearing.
The judicial system was composed of the Supreme Court and the
regional courts. Of the five Supreme Court judges, one was appointed by
the President, one by the National Assembly, and three by the Superior
Judiciary Council. This council consisted 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 were independent and could 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 was provided for the indigent. Regional courts adjudicated
minor disputes on the local level in rural areas. The Ministry of
Justice did not have judicial powers; such powers were with the courts.
Defendants could appeal regional court decisions to the Supreme Court.
The judiciary generally provides due process rights; however, the
right to an expeditious trial was constrained by a seriously
overburdened and understaffed judicial system. A backlog of cases
routinely led to trial delays of 6 months or more; more than 10,500
cases were pending at the end of 2001.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights in practice. There were some reports of
restrictions on freedom of the press. There is a substantial and
growing independent press; however, there continued to be criticism by
many prominent government and opposition figures of state-controlled
television for its failure to exercise properly its role of informing
the public regarding political and economic issues. There continued to
be reports of media self-censorship.
A 1999 constitutional amendment excludes using freedom of
expression as a defense in cases involving defamation or offense to
personal honor. This amendment was criticized strongly by then-
opposition PAICV politicians and some journalists as potentially
limiting freedom of expression; however, the PAICV government did not
seek to change the provision by year's end.
There were three independent newspapers and one state-owned
newspaper. There were six independent radio stations and one state-
owned radio station. One television station was state owned, and two
others were foreign owned. Foreign broadcasts were permitted.
Journalists were independent of government control and were not
required to reveal their sources; however, there were credible reports
that journalists within the Government-controlled media still practiced
self-censorship.
Government authorization was not needed to publish newspapers or
other printed material. Despite the broadly interpreted criminal libel
laws, no independent media outlets reported direct pressure in their
daily operations or business activities. The national radio station
provided live broadcasts of National Assembly sessions.
The law requires a formal licensing mechanism for mass media,
including government authorization to broadcast; however, there were no
reports that licenses were denied or revoked or that the Government
refused to authorize broadcasts during the year.
The Government did not restrict Internet access. There was a
private Internet service provider. There were technical limitations on
Internet use related to bandwidth and the unavailability or
inefficiency of electricity and telephone service in some parts of the
country.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Catholic majority enjoyed a privileged status in national life.
For example, the Government provided the Catholic Church with free
television broadcast time for religious services and observed its holy
days as official holidays.
To be recognized as legal entities by the Government, religious
groups must register with the Ministry of Justice; however, failure to
do so did not result in any restriction on religious belief or
practice.
The trial of four individuals of the ``Sao Domingos Group,'' who
were accused of desecrating a Catholic Church in 1996 began in November
2001; however, a decision still was pending at year's end.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and the law provide for
these rights, and the Government generally respected them in practice.
The Constitution and the law provide 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. During the year, there
were media reports that Senegalese citizens residing in the country
believed that they were subject to discriminatory treatment. Other
observers reported no evidence of a government policy of discrimination
against Senegalese. Three or four Basque separatists have been provided
first asylum status. The Government cooperates with the U.N. High
Commissioner for Refugees 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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. In January 2001, Pedro Verona Rodrigues Pires,
former president of the PAICV, was elected by a slim margin of 12 votes
over the country's former Prime Minister and MPD president, Carlos
Veiga. The principal opposition party, the MPD, held power from January
1991 until January 2001, after defeating the PAICV, which held power in
a one-party state from independence in 1975 until 1991. The PAICV won
the legislative elections in January 2000 and has an absolute majority
in the National Assembly. The National Electoral Commission and the
international media judged the January presidential elections, as well
as legislative and municipal elections in 2000, to be free and fair.
The Constitution provides for the separation of powers.
Constitutional powers were shared among President Pires, Prime Minister
Jose Maria Neves, and the PAICV party. Cabinet ministers were subject
to confirmation by the President. Collectively they must retain the
support of a parliamentary majority. The President could dismiss the
Government with the approval of the political parties represented in
the National Assembly and the Council of the Republic. This council
consisted 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. The MPD and the Democratic Renovation Party were the
main opposition parties.
There were 8 women among the elected ``active'' deputies in the 72-
seat National Assembly, and there were 3 women among the 7 elected
``reserve'' deputies that fill any eventual vacancies during the
legislative term. There were 4 women in the 17-member Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials generally were cooperative and
responsive to their views.
There are three private human rights groups, the National
Commission of the Rights of Man, the Ze Moniz Association, and the
Alcides Barros Association.
The independent Ombudsman's powers remained undefined at year's
end, and no Ombudsman was elected by year's end.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
religion, disability, language, or social status. However, despite the
Government's increased efforts to enforce all relevant constitutional
provisions, it still did not do so effectively, and not all elements of
society, particularly women and children, enjoyed full protection
against discrimination.
Women.--Domestic violence against women, including wife beating,
was common. The Government and civil society encouraged women to report
criminal offenses such as rape and spousal abuse to the police;
however, according to the media and a July report by the Women Jurists'
Association, longstanding social and cultural values inhibited victims
from doing so, and victims rarely reported these offenses to the
police. Nevertheless, reporting of such crimes to police continued to
increase during the year, and the media continued to report their
occurrence. Violence against women was the subject of extensive public
service media coverage in both government- and opposition-controlled
media.
While there were mechanisms to deal with spousal abuse, in practice
these mechanisms neither ensured the punishment of all those
responsible nor effectively prevented future violence. Women's
organizations, like the Women Jurists' Association, continued to seek
legislation to establish a special family court to address crimes of
domestic violence and abuse; however, they made no progress in
achieving such legislation during the year. The revised Penal Code
protects certain rights of the victims of sexual abuse; however, it did
not ensure compensation.
Despite constitutional prohibitions against sex discrimination and
provisions for full equality, including equal pay for equal work,
discrimination against women continued. Although they often were paid
less than men for comparable work, women were making modest inroads in
various professions, especially in the private sector.
The Constitution prohibits discrimination against women in
inheritance, family, and custody matters; however, largely because of
illiteracy, most women were unaware of their rights. Women often were
reluctant to seek redress of domestic disputes in the courts. The
Organization of Cape Verdean Women alleged that there was
discriminatory treatment in inheritance matters, despite laws that
called for equal rights. For example, some women were pressured to sign
judicial agreements detrimental to their statutory inheritance rights.
In 2000 a group of female attorneys formed the Women Jurists
Association, an association to provide free legal assistance to women
throughout the country suffering from social abuse (both violence and
discrimination) and spousal abuse.
Children.--In 2000 the Government updated its studies of social
policy priorities and legal rights for children and adolescents and
restructured the Cape Verdean Institute for Children in accordance with
norms in the Convention on the Rights of the Child. The Government
provided free, mandatory education for 6 years of primary school for
all children. Normally this benefit covered children from age 6 to age
12. Education was compulsory until age 16; however, secondary education
was free only for children whose families had an annual income below
approximately $1,700 (160,000 Cape Verdean escudos). According to 2001
Ministry of Education statistics, primary school attendance was
approximately 98 percent. Attendance rates by boys and girls differ by
less than 1 percent. The Government also sought to reduce infant
mortality and disease, combat drug and alcohol abuse, and discourage
teenage pregnancy; however, progress continued to be slow.
In September 2001, the Education Minister announced that pregnant
students would be suspended from classes during pregnancy or nursing.
Individual schools were responsible for enforcing the rule; however, no
such suspensions have occurred.
Child abuse and mistreatment, sexual violence against children, and
juvenile prostitution were problems, exacerbated by chronic poverty,
large unplanned families, and traditionally high levels of emigration
of adult men. The media reported cases of sexual abuse against children
and adolescents. The inefficiencies of the judicial system made it
difficult for government institutions to address the problem.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment and education; however,
although the Constitution mandates ``special protection'' for the aged
and persons with disabilities, the Government did not require access to
public buildings or services for persons with disabilities. There were
no official schools or trained teachers for persons with disabilities,
which disadvantaged children with disabilities. Several NGO's,
including an association for the blind, were active.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides that
workers legally are free to form and join unions without government
authorization or restriction. There were two umbrella union
associations: The Council of Free Labor Unions, comprised of 14 unions
with approximately 18,000 members; and the National Union of Cape Verde
Workers, formed by the former ruling party but operated independently,
which included 14 unions with approximately 20,000 members. The
Government did not interfere with the activities of these
organizations; however, the National Union of Cape Verde Workers
claimed that it received less than its share of funds for unions. Both
unions suffered from a shortage of funds. There were no prohibitions
against forming or joining unions.
The law provides that if an employer fires a worker without a
``just cause,'' as defined by the law, such as for union activity, the
employer either must reinstate the worker or provide financial
compensation to the worker. The law bans antiunion discrimination by
employers with fines for offenders. No cases were brought to court
during the year.
Unions were free to affiliate internationally and had 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; however, there has
been very little collective bargaining. There were no signed collective
bargaining agreements. The ILO has cited the Government for its
inability to provide examples of signed collective bargaining
agreements.
Workers and management in the small private sector, as well as in
the public sector, normally reached agreement through negotiations.
Although there were no collective labor contracts, workers succeeded in
negotiating important issues such as salary increases; however, as the
country's largest employer, the Government continued to play the
dominant role in setting wages. It did not fix wages for the private
sector, but salary levels for civil servants provided the basis for
wage negotiations in the private sector.
The Constitution provides union members with the right to strike,
and the Government generally respected this right. However, in 1999
when the workers of the shipping company Arc Verde made two attempts to
strike, the Government invoked a ``civil request'' under which it had
the power, in an emergency or if a strike threatened 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. The union
presented the case to the International Confederation of Free Trade
Unions, which in 1999 filed a complaint against the Government with the
International Labor Organization (ILO). Despite numerous ILO requests,
the Government continued to requisition workers to curtail strikes and
to interpret essential services in the broadest terms. The ILO
complaint remained unresolved at year's end.
In its 2000 report, the ILO Committee on Freedom of Association
(CFA) noted that the Government amended legislation in 1999 so that
organizations of workers may enjoy the right to peaceful demonstration
without unreasonable restrictions, particularly the time limit on
demonstrations. The CFA also reported that the Government began to take
measures to amend its legislation so that in the event of disagreement
between the parties on the minimum services to be provided during
strikes, this difference of opinion would be resolved by an independent
body. However, at year's end, the Government had not created an
independent body to resolve such differences.
There were no legal or illegal strikes during the year. During the
year, anti-erosion employees of the Ministry of Agriculture and Fish
threatened to strike several times and held peaceful demonstrations.
These workers have been negotiating with the Ministry of Finance for
unpaid wages for work completed in 1997 and 1999.
Praia has a 30-acre export processing zone (EPZ), which housed two
Portuguese companies and a Cape Verdean-Sengalese joint venture. There
were no special laws or exemptions from regular labor laws for EPZ's.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age for employment was 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 were
produced; however, the Government rarely enforced the law, and child
labor occurred. The Government was working with the ILO and the
International Program for the Elimination of Child Labor. In practice
the Ministry of Justice and Labor enforced minimum age laws with
limited success, and then only in the urban, formal sectors of the
economy.
e. Acceptable Conditions of Work.--There were no established
minimum wage rates in the private sector. Large urban private employers
linked their minimum wages to those paid to civil servants. For an
entry-level worker, this wage is approximately $120 (11,583 Cape
Verdean escudos) per month. The majority of jobs paid wages
insufficient to provide a worker and family with a decent standard of
living; most workers relied on second jobs, extended family help, and
subsistence agriculture.
The maximum legal workweek for adults was 44 hours. While large
employers generally respected these regulations, many domestic servants
and agricultural laborers worked longer hours.
The Director General of Labor conducted sporadic inspections to
enforce the labor code and imposed fines on private enterprises that
were not in conformity with the law. However, the Government did not
enforce labor laws systematically, and much of the labor force did not
enjoy their protection. Few industries employed heavy or dangerous
equipment, and work-related accidents were rare.
There is no legal provision for workers to remove themselves from
unsafe working conditions without jeopardizing their continued
employment.
Foreign workers required both a work permit (granted by immigration
authorities) and a work contract (approved by the Ministry of Labor).
If in compliance with these requirements, foreign workers were
protected fully by the law; however, there were no provisions to
protect illegal foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and illegal smuggling of economic emigrants to various
points in Europe was believed to be a thriving business. This smuggling
involved visa and related fraud; however, there were no reports that
these persons were transported into forced labor or debt bondage. The
country was a transit point for smugglers, and smuggling had become a
concern for local authorities. Several press reports noted that the
police had arrested some persons, smugglers as well as victims. In 2001
such cases involved fewer than 30 persons. The Government cooperated
with European authorities, neighboring governments, and foreign
embassies to deal with the problem.
__________
CENTRAL AFRICAN REPUBLIC
The Central African Republic (CAR) is a constitutional democracy
with a multiparty legislature. Ange-Felix Patasse, leader of the
Movement for the Liberation of the Central African People (MLPC), was
re-elected with a narrow majority to another 6-year term in September
1999. The presidential election, like the legislative elections held in
late 1998, was generally free, but marred by irregularities that tended
to favor the ruling party candidate. The Government was headed by a
Prime Minister and Cabinet appointed by the President. Although the
Constitution provides for separation of powers, the legislature was
vulnerable to manipulation by the President, who dominated the
Government. On October 25, forces loyal to General Francois Bozize, the
former Chief of Staff of the Armed Forces who directed the coup from
abroad, entered the country from Chad and led a coup attempt in Bangui.
President Patasse retained power with the assistance of troops from
Libya and Movement for the Liberation of the Congo (MLC) soldiers from
the Democratic Republic of the Congo (DRC) led by Jean-Pierre Bemba.
The coup attempt resulted in numerous deaths and abuses, 10,000
internally displaced persons (IDPs), and significant numbers of
refugees in neighboring countries. On December 29, the Libyan troops
withdrew from the country; however, approximately 1,000 of Bozize's
rebels retained control of much of the north-central region at year's
end. The Constitution provides for an independent judiciary; however,
it was subject to executive influence.
The National Police were under the direction of the Ministry of
Interior and Public Security, while the military forces, the National
Gendarmerie, and the Presidential Security Unit (USP) were under the
jurisdiction of the Ministry of Defense; all shared responsibility for
internal security. Civilian authorities did not maintain effective
control of the security forces. Apart from the USP, the military, much
of which mutinied in 1996 and 1997, widely was perceived to be of
doubtful loyalty to the Government, which owes approximately 21 months
of salary arrears to the military. Former members of the security
forces were involved in the October 25 and May 2001 coup attempts.
Members of the security forces committed serious human rights abuses.
The economy of the country, which has a population of approximately
3.5 million, was dominated by subsistence agriculture. Foreign
assistance was an important source of national income. Salary arrears
owed to civilian employees and the military continued to impair the
functioning of the Government and the ability of the state to enforce
the rule of law. The misappropriation of public funds and corruption in
the Government remained widespread. The large displacement of persons
during and following the October 25 coup attempt adversely affected
economic productivity during the year.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained.
Citizens generally were able to choose their national government;
however, the Government controlled the electoral process. Security
forces continued to commit arbitrary and unlawful killings, including
government-tolerated executions of suspected bandits. The October 25
coup attempt resulted in numerous killings of civilians in Bangui and
the northern part of the country. Police continued to torture, beat,
and otherwise abuse suspects and prisoners. The Government did not take
effective action to punish abusers, and impunity remained a problem.
Other human rights abuses included harsh prison conditions, arbitrary
arrest, prolonged detention without trial, limits on judicial
independence, and infringements on privacy. The Government restricted
freedom of the press, assembly, and association. There were some limits
on movement. Violence and discrimination against women, female genital
mutilation (FGM), child prostitution, discrimination against indigenous
people (Pygmies), trafficking in persons, 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. Arbitrary or Unlawful Deprivation of Life.--Security forces
continued to commit extrajudicial killings; however, unlike in the
previous year, there were no reports that security forces engaged in
military reprisals, open executions, or the elimination of suspected
rebel sympathizers, particularly members of the Yakoma ethnic group.
The special police Squad for the Repression of Banditry (OCRB)
continued to operate and was responsible for killing and torturing
individuals. The October 25 coup attempt resulted in numerous killings
of civilians in Bangui and the northern part of the country. Border
clashes between government and rebel soldiers also resulted in civilian
killings. Police and security forces seldom were prosecuted for
unlawful killings, and impunity remained a problem.
There reportedly were fewer incidents of OCRB killing and torture
than in previous years. The OCRB's actions had tacit government support
and popular approval and were seen as an effective means of reducing
crime and increasing public security. No OCRB member has been
prosecuted for extrajudicial killings or other abuses committed while
on duty, and officials justified the unit's actions as a consequence of
nonexistent prison facilities in Bangui. Unlike in the previous year,
there were no reports that police officials publicized on radio and
television the crimes of criminals apprehended by the OCRB, which
executed the individuals the following day without a trial.
On January 19, soldiers from the military garrison at Bossangoa
killed two civilians in response to protests by civilians over the
murder of a civilian by a soldier 3 days before.
On December 17, in Bangui, a government soldier on night patrol
shot and killed magistrate Jean Didier Mbainai. The soldier, who
claimed it was an accident, was arrested and remained in prison at
year's end.
There was no further information on the December 2001 police
killing of Paul Medard Yamboka.
The October 25 coup attempt resulted in 105 civilian deaths in
Bangui and an undetermined number in the north of the country. However,
unlike in the aftermath of the May 2001 coup attempt, there were no
reports that government forces deliberately targeted members of the
Yakoma ethnic group for reprisal killings or that USP troops killed
Rwandan refugees and nationals on suspicion that they assisted in the
attempted coup. In October in Bangui, and in December in Damara and
Sibut, small Libyan planes dropped bombs in support of government
forces, resulting in an undetermined number of civilian deaths.
No action was taken against security forces responsible for
killings following the May 2001 coup.
On October 31, Chadian rebel leader Abdoulaye Miskine, who
President Patasse had asked to root out banditry in the north of the
country, led government forces in an attack on Chadian cattle dealers
at a meat market outside of Bangui; reportedly as many as 100 Chadians
were killed. The motive of the attack was unknown; however, some
Chadians had fought with Bozize's rebels, and government forces
suspected Chadians of complicity in the October 25 coup. The Government
denied that any killings occurred.
Numerous civilians were killed in the crossfire between government
and rebel forces during the year. For example, on February 16, in
Possel, a border clash between government soldiers and MLC rebels
resulted in the deaths of 11 civilians.
Clashes between government soldiers, rebel groups, and bandits
along the border with Chad resulted in numerous deaths on both sides of
the border. The presence of Miskine in the country and the exiled
Bozize in Chad during part of the year intensified border unrest. For
example, government forces under Miskine summarily executed Chadian
civilians in Bavara and Bouassi during the year. On September 19,
Chadian rebels based in the country attacked the Chadian town of Tizi.
The Chadian government accused the Government of supporting the attack,
and the Government blamed the attack on Sudanese poachers; however, the
National Resistance Alliance, a Chadian rebel group, ultimately claimed
responsibility. On October 2, the Central African Economic and Monetary
Community (CEMAC) agreed to dispatch a contingent of 300 to 350 troops
to the country to provide security for President Patasse and to secure
the border with Chad.
During and following the October 25 coup attempt, rebel soldiers
loyal to General Bozize killed numerous civilians in areas under their
control; however, no numbers were available because those areas
remained inaccessible to nongovernmental organizations (NGOs) and
humanitarian groups. There were unconfirmed reports that in Pende,
Bozize's rebels set fire to the brush where a group of students were
hiding, resulting in the deaths of more than 10 students and the
injuring of many others. During the year, there also were reports of
rebel killings of civilians in Kaga-Bandoro and in Ouham.
During and following the October 25 coup attempt, MLC rebels under
Bemba's command reportedly killed and raped numerous persons in Bangui
and in the northern part of the country.
No action was taken against members of Kolingba's rebel forces
responsible for numerous killings during the May 2001 coup attempt.
There were no developments in the U.N. investigation into the July
2001 killing of Colonel L'Hommee, the Field Security Officer for the
U.N. Development Program.
There also were reports of societal violence along the country's
porous border with Sudan. On May 17, tribal clashes resulted in the
deaths of 63 Sudanese herders in Birao. The Governments and the
Government of Sudan established a commission of inquiry to investigate
the causes of the incident; however, no information had been released
by year's end. On September 21, Sudanese raiders burned houses and
killed numerous villagers in the towns of Oulou, Kore, and Otomassa.
The attack reportedly was in retaliation for the May 17 incident.
Popular ``justice'' was an ongoing problem. There were several
anecdotal reports that bandits were caught and killed by neighbors of
robbery victims. For example, on October 5, a group of bandits robbed a
neighborhood, attacking a policeman and killing one person. An angry
mob caught two of the bandits and killed them in the street.
Mobs reportedly injured and killed suspected sorcerers or witches
during the year. On January 31, night watchman Wambele Thomas was
accused of sorcery and attacked by a mob; gendarmes intervened for his
protection. On February 3, two elderly women accused of witchcraft were
tortured, one to death. In early May, in Possel in the under-prefecture
of Njoukou, Martin Ngouakouzou was accused of sorcery and tortured to
death by villagers.
There were no reports of any action taken against members of mobs
who killed suspected sorcerers or witches in 2001 and 2000.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances by the Government during the year; however, on
October 25, Bozize's rebels kidnaped the President's spokesman Prosper
Ndouba, who was released on December 2.
After the May 2001 coup attempt, thousands of persons went into
hiding, making it difficult to determine whether security forces were
responsible for any disappearances during that time. Many of these
people since have returned to their homes.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Penal Code prohibits torture and specifies sanctions
for those found guilty of physical abuse; however, police continued to
torture, beat, and otherwise abuse criminal suspects, detainees, and
prisoners. Family members and human rights groups, including the Human
Rights League (HRL) Executive Committee, pursued court complaints filed
in previous years with the prosecutor, Joseph Bindoumi, regarding the
deaths of several prisoners due to police abuse; however, authorities
continued not to take action on any of the cases. The HRL did not file
any court complaints of police abuse during the year.
On May 19, soldiers beat Abdul Razak Wallot, a mini-bus driver, for
passing the vehicle of the Major General of the Army.
On June 27, soldiers with the Central African Naval Force arrested
and beat Mondayen Chrysostome, a trader engaged in commerce between
Bangui and Zongo, after he refused to turn over his merchandise to
them.
No action was taken against those responsible for torturing
Abdoulaye Aboukary Tembeley in February 2001, the torturing of Sergeant
Emery Konguende in May 2001, and the September 2001 beating by
gendarmes of Assingambi Zarambaud.
The USP frequently used excessive force in its operations; it
reportedly also was responsible for other serious human rights abuses;
however, unlike in the previous year, there were no reports that USP
forces harassed, beat, and tortured Rwandan refugees and nationals.
There were numerous cases during the year in which the USP physically
abused detainees.
No action reportedly was taken against USP forces responsible for
the following abuses during and after the May 2001 coup attempt: The
killing of gendarmes, teachers, students, soldiers, opposition
politicians, and civil servants, most of whom were Yakomas; and the
harassing, beating, and torture of Rwandan refugees and nationals on
suspicion that they assisted in the coup attempt.
Police beat persons while forcibly dispersing demonstrators (see
Section 2.b.).
Members of the armed forces often committed abuses against
civilians, including armed robbery and racketeering. No action
generally was taken against soldiers involved in such abuses; however,
on July 10, the Deputy Minister of Defense for Military Restructuring
expelled from service more than 40 soldiers charged with various
felonies, including rape, robbery, extortion, insubordination, and
erecting illegal barriers on roads. The former soldiers were arrested
and jailed.
Trafficking in persons was a problem (see Section 6.f.); however,
unlike in the previous year, there were no reports of possible
government involvement.
No investigation was conducted into the September 2001 beating by
gendarmes of Assingambi Zarambaud, who had published a series of
articles critical of the Government.
Government forces launched rockets and mortar rounds
indiscriminately into neighborhoods suspected of harboring rebels. In
October in Bangui, and in December in Damara and Sibut, small Libyan
planes dropped bombs in support of government forces, resulting in an
undetermined number of civilian deaths.
Rebel forces loyal to the Government committed numerous abuses.
During and following the October 25 coup attempt, MLC troops raped 94
women in Bangui and an undetermined number of women in the north. In
October in Bangui, MLC rebels fighting for the Government assaulted two
foreign missionaries in their home. The rebels looted the house and
struck the head of one of the missionaries, who subsequently reported
the loss of hearing in one ear.
Rebel troops loyal to Bozize were responsible for numerous rapes of
women during November and December. There also were reports that
Chadian fighters in the north loyal to Bozize abused and harassed
civilians.
Mob violence against suspected sorcerers or witches continued to be
a problem (see Section 1.a.).
Prison conditions were extremely harsh. In June before renovations
were complete, the Government formally inaugurated Ngaragba Prison,
Bangui's main prison that was destroyed during the 1996 mutinies.
Prisoners were transferred to Ngaragba starting in early October,
despite the lack of a budget for food and medical care for the
detainees. Many detainees still were kept in 10 police stations around
Bangui; however, the number remaining in detention at year's end was
unknown. Police station cells were overcrowded, and basic necessities,
including food, clothing, and medicine, were in short supply and often
were confiscated by prison officials for their personal use. Prisoners
frequently were forced to perform uncompensated labor at the residences
of government officials and magistrates. Prison conditions outside of
Bangui were generally worse, with the exceptions of Bouar and
Bangassou, where religious organizations helped provide for the
prisoners.
Male and female prisoners were held in separate facilities in
Bangui but housed together elsewhere. There were no separate detention
facilities for juvenile prisoners, who routinely were housed with
adults and often subjected to physical abuse. Pretrial detainees were
not held separately from convicted prisoners.
The Government permitted prison visits by human rights observers.
The International Committee for the Red Cross (ICRC) and religious
groups routinely provided supplies, food, and clothes to prisoners. The
ICRC had unrestricted access to prisoners.
d. Arbitrary Arrest, Detention, or Exile.--The law provides
protection against arbitrary arrest and detention and accords the right
to a judicial determination of the legality of detention; however, the
security forces frequently ignored such provisions. Judicial warrants
were not required for arrest. 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 did
not respect this deadline, in part due to inefficient judicial
procedures. 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. The law allows detainees to have
access to their family and to legal counsel; however, in cases
involving state security, the Government prohibited detainees from
consulting legal counsel pending an investigation. Indigent detainees
may request a lawyer provided by the Government. Detainees were allowed
to post bail or have family members post bail for them. Prolonged
pretrial detention was a serious problem; however, the number of
pretrial detainees was unknown at year's end.
Government authorities arbitrarily arrested numerous persons,
although fewer than in the previous year, when members of the Yakoma
ethnic group were targeted as a result of suspected complicity in the
May 2001 coup attempt.
On May 8, in Bangui, gendarmes arrested 15 Chadians and 14 citizens
of the DRC on suspicion of plotting a coup with General Bozize. No
further information was available.
Police arrested demonstrators during the year (see Section 2.b.).
Unlike in the previous year, there were no arrests of journalists
or labor leaders.
The Mixed Commission of Judicial Inquiry, which the Government
established in June 2001 to investigate the causes of the attempted
coup and to bring those responsible to justice, had not issued a final
report by year's end.
The law does not permit the use of exile, and the Government did
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. Thousands of persons
fled their homes or went into hiding following the attempted coup in
May 2001, including many Yakomas and Rwandan refugees (see Section
2.d.). Most of the IDPs have returned home; however, some remained
abroad, primarily in the DRC, the Republic of the Congo, and Chad (see
Section 2.d.). Approximately 600 military personnel involved in the
2001 coup attempt returned to the country during the year; there were
no reports that they experienced government harassment. Jean-Paul
Ngoupande, the opposition leader who fled the country after gendarmes
invaded his house in January 2001, remained in self-imposed exile
abroad.
On February 5, David Yakata, deputy of the opposition party Central
African Democratic Rally (RDC), also returned to the country from self-
imposed exile in the DRC.
e. Denial of a Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary was subject to executive
interference. The judiciary consists of regular and military courts.
The highest court is the Constitutional Court, which determines whether
laws passed by the National Assembly conform to the Constitution. The
Constitutional Court also receives appeals challenging the
constitutionality of a law. Lower courts hear criminal and civil cases
and send appeals to the Court of Appeals. The Criminal Court held two
sessions during the year, trying persons implicated in the May 2001
coup attempt. The court tried only one criminal case before it reopened
in August. As a result, there was a large backlog of criminal cases.
The courts of justice and the juvenile court barely functioned due to
inefficient administration, shortage of trained personnel, salary
arrears, and a lack of resources.
In general trial procedures, an officer of the judicial police
writes a report of the investigation and sends it to the public
prosecutor's office. If the prosecutor believes there is sufficient
evidence that an offense has occurred and that the accused committed
it, he places the accused under an arrest warrant. If there is
insufficient evidence, the case is dropped. Trials were held publicly,
and defendants had the right to be present and to consult a public
defender. Defendants also had the right to question witnesses, to
present witnesses and evidence on their own behalf, and to have access
to government-held evidence relevant to their case. There was the
presumption of innocence until proven guilty, and if convicted,
defendants had the right to appeal. No groups were barred from
testifying; relatives of the accused could testify. The Government
generally complied with these legal requirements; however, the
judiciary did not enforce consistently the right to a fair trial, and
there were many credible reports of corruption within the court system.
A number of persons were subjected to prolonged detention without trial
or were killed summarily and extrajudicially by the OCRB (see Section
1.a.).
During the year, Criminal Court proceedings were largely concerned
with attributing responsibility to and punishing the perpetrators of
the May 2001 coup attempt. Court proceedings, which began in February,
were delayed when the Court barred Attorney Assingambi Zarambaud from
representing clients charged with involvement in the May 2001 coup
attempt, after the Prosecutor General claimed that Zarambaud was
implicated in the coup attempt. The other lawyers went on strike,
bringing the session to a standstill. The trial was held under heavy
military guard, with most of the proceedings broadcast live on radio.
Defense counsel challenged some procedural elements of the trial. Many
cases brought against suspected coup plotters were based solely upon
unsubstantiated ``fiches,'' anonymous memoranda alleging a connection
with the coup attempt or coup plotters. When court proceedings resumed
in August, the Court acquitted more than half of the accused for
insufficient evidence. The Court determined that those found guilty
would forfeit their civil rights and ordered the confiscation of their
property.
During August and September, 90 defendants were brought before the
Criminal Court on charges of suspected complicity in the May 2001 coup
attempt, or desertion; an additional 23 were tried in absentia. On
August 26, former President Kolingba and 22 others were sentenced to
death in absentia, including Charles Massi, an opposition
parliamentarian residing in France since early 2001. On October 7,
former Defense Minister Demafouth, who had been held in custody since
his August 2001 arrest, was released along with 48 other suspects for
insufficient evidence; General Ndjengbot, who was in jail at the time
of the coup attempt and subsequently freed by those attempting the
coup, was sentenced to 20 years' hard labor. Of the remaining suspects,
10 were sentenced to 20 years' labor, while 30 were sentenced from 1 to
10 years' hard labor.
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; however, on occasion 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. The increase of banditry in Bangui has
become a pretext for the police to carry out warrantless house
searches. The Government continued to engage in wiretapping without
judicial authority.
Security forces, particularly the USP, continued to carry out
warrantless searches of entire neighborhoods and seized vehicles,
electronic goods, appliances, and other items for which residents could
not produce sales receipts, alleging that the property was stolen. Few
of these items were returned to the owners.
On April 19, in Bangui, police and gendarmes surrounded several
neighborhoods and searched houses for arms as part of a mandatory
disarmament program.
On August 1, a group of former soldiers, expelled from the military
for extortion and establishing illegal checkpoints, violently
burglarized the house of Jean-Serge Wafio, former First Vice-President
of the National Assembly (see Section 1.c.).
During and after the October 25 coup attempt, MLC rebels fighting
for the Government engaged in widespread home invasions and looting in
Bangui and in the northern cities where they were deployed.
The Government interfered with private communication during the
year. In July the Ministry of Defense promulgated an administrative
order prohibiting the use of all nongovernment two-way radios. Several
two-way radios were confiscated from missionaries in the western part
of the country; however, on request, the Ministry granted exceptions
for embassies, missionaries, NGOs, and international organizations.
During the October 25 coup attempt, and from November 9 to 10, the
Government briefly interrupted both cellular and landline telephone
service; however, unlike in the previous year, government authorities
did not broadcast cell phone conversations over national radio.
Unlike in the previous year, there were no reports that the
Government detained family members in an effort to compel suspects to
turn themselves in.
Bozize's rebels looted homes, businesses, and church and NGO
properties, according to missionary groups, the Central African
(Catholic) Episcopal Conference (CAEC), and residents who fled to
Bangui (see Section 1.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 continued
to restrict the freedom of the print media to criticize the Government.
The law prohibits the Government from censoring the press and defines
the rights and responsibilities of private media. The Government
continued to dominate domestic broadcast media. Libel cases were
addressed in civil rather than criminal courts.
Opposition leaders in particular used press statements, manifestos,
and copies of open correspondence to the Government to circulate their
views; however, citizens continued to criticize the Government and
political parties at some risk to themselves. Most journalists who fled
the country after the May 2001 attempted coup had returned to the
country by year's end.
The Government owned and controlled three newspapers, the
Centrafrique Presse, the Agence Centrafricaine de Presse (ACAP)
bulletin, which appeared sporadically, and Forum de l'Unite. Echo de
Centrafrique, a private daily newspaper, was close to the ruling party.
More than a dozen private newspapers were published at varying
intervals; eight were published on a regular basis during the year.
These newspapers often criticized the President, the Government's
economic policies, and official corruption. Le Citoyen and Le Confident
were the most widely read private newspapers. In 2000 both the
President and Prime Minister threatened local journalists with
sanctions if any newspaper transgressed the media code and went beyond
journalistic propriety; however, there were no reports that these
threats were carried out.
On November 17, border police expelled Thierry Oberle, special
correspondent for the French newspaper Le Figaro; no reason was given
for the expulsion.
There were credible reports that the editor of Le Citoyen, a
newspaper noted for its critical coverage of the Government, received
threatening telephone calls during the year. In 2001 the Government
accused the editor of ``fueling hatred among the population,'' and USP
forces threatened him with death.
Unlike in the previous year, there were no reports that security
forces arrested and tortured journalists or seized printing equipment.
Radio was the most important medium of mass communication because
literacy was not universal, and newspapers and television were
relatively expensive and rarely found outside urban areas. The
Government owned and operated a radio station and a television station.
The activities of the President and other senior government officials
dominated programming. Political observers complained that the ruling
MLPC received more coverage of its activities or meetings than did
opposition parties. The directors of the national television and radio
stations were members of the ruling MLPC party; broadcasts by both
stations favored the ruling party.
In November Radio France International (RFI) and Radio Africa
Number 1 briefly went off the air following negative statements by
President Patasse about RFI's coverage of events in the country. The
USP, which took control of the national radio station during the May
2001 coup, remained in control of the station at year's end.
A private radio station, Africa Number One, part of a French-owned
network based in Libreville, Gabon, broadcast in Bangui. Its
programming included national news coverage by a correspondent based in
the country. Radio Notre Dame, which was owned and operated by the
Catholic Church, also broadcast; its programming included national
news, debates, legal counseling, and human rights education. RFI also
broadcast domestically; its programming included some national news
coverage by a correspondent based in the country. The private radio
station N'Deke Luka broadcast from Bangui on FM with assistance from
foreign governments and development organizations. One of N'deke Luka's
objectives was to promote peace and development by publicizing programs
of the U.N. agencies and NGOs working in the region. There were no
privately owned stations that broadcast domestically produced national
news or political commentary.
On December 9, in Bossangoa, Bozize's rebels killed Father Jean
Claude Kilamong as well as a local radio announcer and two watchmen. No
further information was available.
The Government continued to monopolize domestic television
broadcasting. Private television broadcasting is allowed by law. The
High Council of Communication was responsible for authorizing private
television as well as radio stations, but received no applications to
establish a private television station. The Government did not restrict
domestic receipt or distribution of satellite or cable television, but
few citizens could afford it, and it was not widespread, even in the
capital.
Government television and radio broadcasts included weekly programs
intended to provide an opportunity for political parties to present
their views and discuss their programs; however, in practice such
access was not available.
A private telecommunications company operated a domestic Internet
and e-mail service provider as well as one cyber-cafe called Bangui
2000. Few citizens could afford home access to the Internet, but many
urban residents rented brief access at Bangui 2000. The Government did
not limit Internet access.
The Government did not restrict academic freedom. University
faculty and students belonged to many political parties and generally
expressed their views without fear of reprisal. There were student
demonstrations during the year (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of assembly; however, the Government at times
restricted this right. In addition, there were some legal restrictions
on freedom of assembly. Organizers of demonstrations and public
meetings were required to register with the Government 48 hours in
advance, and political meetings in schools or churches were prohibited.
There were several incidents of government interference with opposition
meetings during the year. The Government widely was perceived as using
the May 2001 attempted coup as a pretext for restricting political
activity.
On February 9, the Democratic Movement for the Renaissance and
Evolution of the Central African Republic attempted to hold a political
rally in Bangui; however, police intimidation of party members
prevented the meeting.
In February the Ministry of the Interior prevented the Social
Democratic Party from holding a meeting of its Consultative Council.
According to the Ministry, ``the time is not right for organizing
meetings and other political activities.''
Police forcibly dispersed several demonstrations during the year by
university students protesting the non-payment of scholarships by the
Government. On October 12, police used tear gas to break up one such
demonstration.
On December 28, police and soldiers arrested 15 opposition
demonstrators who were protesting government use of foreign troops;
some of those arrested were beaten. Most of those detained were
released within a few days, and all had been released by year's end.
No action was taken against responsible members of the security
force for the use of excessive force to disperse demonstrations in
2000.
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 granted
registration expeditiously. A variety of associations have registered
with the Government following a 3-month background investigation; there
were more than 35 registered political parties and a variety of
nonpolitical associations. The Government normally allowed them to hold
congresses, elect officials, and publicly debate policy issues without
interference, except when they advocated sectarianism or tribalism.
In June 2001, the Government issued an administrative decree
suspending the activities of former President Andre Kolingba's RDC
political party for 3 months. The decree forbade the RDC from holding
public meetings or advertising on the radio. Several RDC deputies
continued to sit in the National Assembly during the suspension, and
the party resumed limited activities in late September 2001. In
December the Minister of the Interior issued a letter lifting the
suspension; on December 28, the executive committee of the party met
and elected new party leadership.
The law prohibiting nonpolitical organizations from coalescing for
political purposes remained in place; there were no reports of
enforcement of this law.
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 was
understood widely to be aimed at Muslims. In practice the Government
permitted adherents of all religions to worship without interference.
Religious groups (except for traditional indigenous religious
groups) were required by law to register with the Ministry of Interior.
This registration was free and conferred official recognition and
certain limited benefits, such as customs duty exemption for the
importation of vehicles or equipment, but did not confer a general tax
exemption. The Ministry's administrative police kept track of groups
that failed to register; however, the police have not attempted to
impose any penalty on such groups. Any religious or nonreligious group
that the Government considered subversive was subject to sanctions. The
Ministry could decline to register, suspend the operations of, or ban
any organization that it deemed offensive to public morals or likely to
disturb the peace. The Ministry of Interior also could intervene to
resolve internal conflicts about property, finances, or leadership
within religious groups. However, the Government imposed no new
sanctions on any religious group during the year.
General Bozize's church remained closed at year's end.
Although in general there is religious tolerance among members of
different religious groups, there have been occasional reports that
some villagers who were believed to be witches were harassed, beaten,
or sometimes killed by neighbors (see Section 1.a.).
Unlike in the previous year, there were no reports of societal
violence against Muslim Chadian commercial traders.
Bandits and rebels attacked, robbed, and injured missionaries
during the year (see Sections 1.c. and 2.a.).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for the right
to move freely throughout the country; however, police, security
forces, customs officers, and other officials harassed travelers
unwilling or unable to pay bribes or ``taxes'' at checkpoints along
major intercity roads and at major intersections in Bangui (see Section
1.c.). Attacks by bandits on major routes to the north and east
sometimes occurred. In 2001 the Government established military bases
in Zemio, Bambari, Bria, Kaga-Bandoro, and Bossangoa in an effort to
curb highway banditry.
USP forces continued to be stationed at the airport to control
travelers. The Government generally allowed opposition leaders to
travel abroad or inside the country without restrictions; however, on
September 12, the public prosecutor issued an order barring opposition
National Assembly Deputy Jean-Serges Wafio from leaving Bangui,
charging that Wafio was subject to a lawsuit. In a letter published in
local newspapers, Wafio claimed that there was no record of any lawsuit
filed against him and that the National Assembly had not lifted his
immunity to permit any lawsuit.
During and immediately following the October 25 coup attempt, the
Government closed M'Poko Airport and all borders in the country.
Private planes were not allowed to fly without permission from the
military. On May 9, the nightly curfew imposed after the May 2001 coup
was lifted; no curfew was imposed during the October 25 coup attempt.
In November Bozize's rebels briefly blocked the main road from the
country to Cameroon. Road travel from Bangui to the regions north of
Damara was nearly impossible as a result of interference by both the
MLC and Bozize's troops. In November truck drivers from Cameroon and
the country went on strike to protest harassment and extortion by MLC
soldiers. The ICRC protested restrictions on access imposed by both
rebel groups.
With the exception of diplomats, the Government required that all
foreigners obtain an exit visa from the headquarters of the National
Police. Travelers could be required to obtain affidavits that they owed
no money to the Government or to parastatal companies.
Immediately following the October 25 coup attempt, approximately
20,000 persons fled their homes for the areas around Bangui. Congolese
residents of Bangui also fled to take refuge in the DRC Embassy after
citizens angered by MLC looting and violence attacked Congolese; the
UNHCR assisted 1,177 Congolese to go to Zongo, DRC. Thousands of
persons fled the country during the year, primarily following the
October coup attempt and the fighting in Bangui; most left for the DRC.
There were reports that government authorities harassed and tried to
prevent persons from leaving the country to seek asylum in the DRC. The
World Food Program (WFP) estimated that as a result of the coup
attempt, there were approximately 10,000 IDPs in the Lobaye region; as
a result of the violence along the border with Chad, an additional
6,000 IDPs remained in the region around Sido and Kabo. The UNHCR
reported a total of 36,000 IDPs in the country as a whole, with
approximately 6,000 in the north and 30,000 in Bangui. As of December,
approximately 2,850 refugees from the country remained in the DRC,
2,000 in the Republic of the Congo, and 1,300 in Chad.
During and following the May 2001 coup attempt, approximately
80,000 citizens, including half of the country's ethnic Yakoma
population, fled their homes, mostly to the forests and small village
areas southwest of Bangui. Approximately 50,000 were displaced
internally; an estimated 24,000 fled to the DRC border town of Zongo,
and approximately 2,000 fled to the Republic of Congo. Approximately
two-thirds of these refugees were thought to have returned to the
country by year's end. According to UNHCR, an additional 14,000
citizens fled to other countries, including Cameroon, Cote D'Ivoire,
Senegal, and France. Many refugees who did return home lost their jobs,
particularly those who had been in government service. The Government
began cutting refugees from their employment rolls after 6 months'
absence. Some also returned to find their homes pillaged or destroyed.
Early in the year, the MLC moved former combatants in the DRC to a
separate camp in Bokilio; the UNHCR moved civilian refugees to a camp
in Mole.
The law provides for the granting of asylum or refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol, and the Government respected these
provisions in practice. The Government continued to work with the U.N.
High Commissioner for Refugees (UNHCR) and provided first asylum to
Chadian, Sudanese, Rwandan, and Congolese refugees. Applicants for
asylum often were accepted. Almost all refugees were registered with
the National Commission for Refugees. According to the UNHCR, there
were 50,740 refugees in the country at year's end, including 35,000
from Sudan, 10,000 from the DRC, and 2,000 from Chad. Of these, 10,081
were located in Bangui. Other significant concentrations included
36,403 Sudanese refugees in Mboki and 2,929 Congolese refugees in
Molangue.
Unlike in the previous year, there were no reports that that armed
elements attacked refugee camps.
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. Citizens exercised this right in legislative and
presidential elections in 1998 and 1999, respectively. The Government
strongly influenced the electoral process. Patasse's MLPC won both the
Presidency and half of the seats in the National Assembly.
International observers deemed both elections generally free; 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.
On October 25, forces loyal to General Bozize entered the country
from Chad and led a coup attempt in Bangui. The rebels secured
entrances to the city, seized the road to M'Poko Airport, and fired at
the residence of President Patasse, who retained power with the
assistance of troops from Libya and Congolese MLC troops led by Jean-
Pierre Bemba. After 5 days of fighting, Bozize's rebels withdrew from
the capital but retained control of much of the north-central region of
the country at year's end. The coup attempt resulted in hundreds of
deaths, 10,000 IDPs, and significant numbers of refugees in neighboring
countries (see Sections 1.a. and 2.d.).
In May 2001, former President Andre Kolingba led a faction of the
armed forces in a coup attempt, which resulted in hundreds of deaths
and injuries, numerous arrests, and the displacement of significant
numbers of persons. President Patasse retained power with the
assistance of troops from Libya and rebel MLC soldiers from the DRC led
by Jean-Pierre Bemba. In August 2001, the President named a new
Cabinet, most of whom were members of his MLPC party. In October 2001,
President Patasse removed General Bozize as Chief of Staff of the Armed
Forces after accusing him of complicity in the May 2001 coup attempt.
The Constitution provides for multiple political parties. 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 state was highly centralized. The central
government appointed all subnational government officials, and
subnational government entities had no significant fiscal autonomy. The
Government had appointed four successive mayors in Bangui, the capital,
and a southern city well outside the ruling party's main political base
in the north (see Section 5).
Municipal elections, which were scheduled for December, were
postponed until 2003.
In the November 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.
President Patasse's first term of office expired in 1999, but he
constitutionally was eligible to seek a second consecutive term. In
1999 the Government established the Mixed Independent Electoral
Commission (CEMI) to supervise the presidential election. Although the
CEMI included representatives from many political parties on its board,
persons loyal to the President controlled it. However, several
opposition parties suspended participation in CEMI after the Minister
of Interior ignored their consensus candidate for the post of second
Vice President of CEMI. Instead he named the representative of the
Movement for the Democracy and Development (MDD), an opposition party
that the other opposition parties charged was allied with the MLPC. 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
1999, President Patasse promulgated a decree that subordinated CEMI to
the Organ of Control (OCASPA), a state organization that he had created
by decree to oversee the election process.
Before the presidential election, there were credible reports of
attempts to inflate sharply the number of registered voters in pro-MLPC
northern areas, although this was corrected before the polling. The
Government postponed the first round of the presidential election three
times 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 the 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.
There was occasional violence during the presidential election
campaign, including fighting in Bangui between supporters of President
Patasse and former President Kolingba, and attacks by some opposition
supporters on foreign diplomats whose governments were perceived to
have supported Patasse.
Approximately 2 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. Only one of the unsuccessful candidates filed a complaint
with the Constitutional Court.
In December 2001, President Patasse announced that local elections
would be held in 2002; in July, a CEMI was formed to prepare for the
elections. Several opposition parties suspended participation in the
CEMI after the Interior Minister ignored their consensus candidate for
the post of second Vice President of CEMI, a position that was reserved
for an opposition candidate. Instead the Minister named a
representative of the MDD, which the other opposition parties charged
was allied with the MLPC. The CEMI made few election preparations, and
after the October 25 coup attempt, the Government postponed local
elections until 2003.
There were no laws that restricted the participation of women in
the political process. Only 8 of the 109 members of the National
Assembly were women, and only 2 of the 24 cabinet members were women.
There were no laws that restricted the participation of minorities
in the political process.
President Patasse was 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. There were no Muslims in the Cabinet, but there were
at least five Muslims in the National Assembly.
Pygmies (Ba'Aka), the indigenous inhabitants of the southern part
of the country, who represented from 1 to 2 percent of the population,
were not represented in the Government and have little political power
or influence (see Section 5).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
somewhat responsive to their views. The Association of Central African
Women Lawyers advised women of their legal rights. Several other NGOs,
including the Movement for the Defense of Human Rights and Humanitarian
Action, the Human Rights Observatory, and some religious groups
actively monitored human rights problems. The Central African Human
Rights League (LCDH) publicized human rights violations and pleaded
individual cases of human rights abuses before the courts. In February
2001, the LCDH published a report that criticized the Government for
numerous violations of the freedoms of assembly, movement, and
expression. The LCDH and several other NGOs also criticized USP forces
for human rights abuses during and following the May 2001 coup attempt;
LCDH also criticized those responsible for the coup attempt.
On June 12, Amnesty International (AI) released its report on the
May 2001 coup attempt and charged that security forces conducted
targeted killings of members of the Yakoma ethnic group with impunity.
In a June 27 press conference in Paris, the Government called AI's
charges ``insubstantial, erroneous, and totally lacking in
foundation.'' The Government denied any ethnic violence by its forces
during the coup attempt and denied any ethnic discrimination by the
Government.
In November a delegation of the International Federation of Human
Rights Leagues (FIDH) visited Bangui to assess human rights violations
during and after the coup attempt; however, no report of the visit had
been released by year's end. In the February report of its July 2001
visit, the FIDH criticized the security forces for numerous human
rights violations during and after the coup attempt and charged that
the Mixed Commission of Judicial Inquiry was an ``instrument of
political policing.''
The U.N. office in the country (BONUCA) held several 2-week human
rights sensitization programs for security forces in cooperation with
the Ministries of Defense and Interior. The seminars, which were held
in Bambari, Bouar, Bossangoa, Lola, Bangassou, Bangui, and Berberati
for police, gendarmes, and provincial administrators, covered human
rights standards, international humanitarian law, gender awareness,
criminal justice procedure, and protection of minorities, refugees and
displaced persons. In June members of the armed forces and USP units
participated in the training for the first time.
Section 5. Discrimination based on Race, Sex, Disability, Language, or
Social Status
The Constitution stipulates that all persons are equal before the
law without regard to wealth, race, or sex, but the Government did not
enforce these provisions effectively, and significant discrimination
existed.
Women.--Domestic violence against women, including wife beating,
reportedly was common; however, inadequate data made it impossible to
quantify. Spousal abuse was considered a civil matter unless the injury
was severe. Victims seldom reported incidents. The courts tried very
few cases of spousal abuse, although litigants cited these abuses
during divorce trials and civil suits. Some women reportedly tolerated
abuse to retain a measure of financial security for themselves and
their children. The Government did not address this problem during the
year.
Rape is a crime, but spousal rape was not specified in the
legislation. Men sometimes were arrested for rape, but the social
stigma induced many families to avoid formal court action. There were
numerous credible reports that government soldiers and rebels raped
women during and following the October coup attempt (see Section 1.c.).
The law prohibits FGM; however, girls continued to be subjected to
this traditional practice in certain rural areas, and to a lesser
degree in Bangui. According to a study published in April 2001 jointly
by UNICEF and the statistics office of the Ministry of Economy,
Planning, and International Cooperation, approximately 36 percent of
adult females had undergone FGM. In 2000 the International Committee of
African Women for Development (CIFAD), a central African-based women's
rights organization, began a national campaign against FGM with
financial assistance from a foreign donor.
Trafficking was a problem (see Section 6.f.).
Women were treated as inferior to men both economically and
socially. Single, divorced, or widowed women, even with children, were
not considered socially to be heads of households. Only men were
entitled to family subsidies from the Government. Women in rural areas
generally suffered more discrimination than did women in urban areas.
There were 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 government
service, was limited.
Polygyny is legal, although this practice faced 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 married formally because men could not
afford the traditional bride payment. Women who were educated and
financially independent tended to seek monogamous marriages. Divorce
was legal and could be initiated by either partner.
The law does not discriminate against women in inheritance and
property rights, but a number of conflicting customary laws often
prevailed. A family code strengthened women's rights, particularly in
the courts. The Association of Central African Women Lawyers advised
women of their legal rights. The organization also published pamphlets
in conjunction with the Ministry of Social Affairs on the dangers of
FGM. Several active women's groups organized workshops and seminars to
promote women's and children's rights and to participate fully in the
political process.
Children.--Although there was no official discrimination against
children, the Government spent little money on programs for them.
Churches and NGOs had 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 the number of
street children. Education was compulsory from ages 6 to 14; however,
parents rarely were prosecuted for their children's nonattendance. In
practice the age that a child started school often varied by 2 to 3
years in rural areas. At the primary level, girls and boys enjoyed
equal access to education, but the majority of young women dropped out
at age 14 or 15 due to societal pressure to marry and bear children.
According to the Ministry of Economy and Planning/UNICEF statistical
abstract, only 42.9 percent of students of primary school age were
enrolled in school, with 46.5 percent of boys and 39.1 percent of girls
enrolled. Among those of age for secondary school, only 11.4 percent
were enrolled, with 11.5 percent of boys and 11.4 percent of girls
enrolled. School enrollment in urban areas generally was significantly
higher than in rural areas.
The Government did not provide medical coverage for uninsured
children.
There were more than 3,000 street children between the ages of 5
and 18 in Bangui. Many children begged and stole; several charitable
organizations provided them with humanitarian assistance.
According to numerous credible reports, male teachers in primary
and secondary schools as well as at the University level routinely
pressed their female students into having a sexual relationship in
exchange for passing grades; the spread of HIV/AIDS was extremely
prevalent between teachers and their female students.
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 had the same rights as those born in wedlock. A
juvenile court tried cases involving children and provided counseling
services to parents and juveniles during the year.
FGM was performed primarily on young girls (see Section 5, Women).
Trafficking and child prostitution was a problem (see Section
6.f.).
On September 16, the Government, in cooperation with the U.N.
Development Program (UNDP), launched a nationwide HIV/AIDS awareness
campaign.
There were several NGOs specifically promoting children's rights,
including some which dealt with street children. In July the Government
ratified the African Union Charter on the Rights and Welfare of the
Child. On September 19, the Government, in cooperation with UNICEF,
launched a nationwide implementation campaign to establish local
committees to monitor and enforce children's rights in every district
of Bangui.
Persons with Disabilities.--There was no codified or societal
discrimination against persons with disabilities; however, there were
no legislated or mandated accessibility provisions for persons with
disabilities. There were several government and NGO-initiated programs
designed to assist persons with disabilities, including handicraft
training for the blind and the distribution of wheelchairs and carts by
the Ministry of Social Services.
Indigenous Persons.--Despite constitutional protection, there was
societal discrimination against Pygmies (Ba'Aka), the earliest known
inhabitants of the rain forest in the southern part of the country, who
comprised approximately 1 to 2 percent of the country's population. In
general Pygmies had little input in decisions affecting their lands,
culture, traditions, and the allocation of natural resources.
Indigenous forest-dwelling Pygmies, in particular, were subject to
social and economic discrimination and exploitation, which the
Government has done little to prevent. Pygmies often worked for
villagers at wages lower than those paid to members of other groups.
National/Racial/Ethnic Minorities.--The population included
approximately 80 ethnic groups; many of these groups spoke distinct
primary languages and were concentrated regionally outside urban areas.
The largest ethnic groups were the Baya (33 percent), the Banda (27
percent), the Mandja (13 percent), the Sara (10 percent), the Yakoma (4
percent), and the M'baka (4 percent). The Mbororo comprised
approximately 7 percent of the population but played a preponderant
role in the economy; they were involved in mining development and
remained the most important cattle breeders in the country.
During the year, the Government accelerated efforts to reform the
Central African Armed Forces (FACA), a priority given its poor
performance during the May 2001 coup attempt and history of repeated
mutinies. There were reports that the Government had been primarily
recruiting either from the President's home region or from among
supporters of the MLPC. Those with the strongest connections and
loyalties to the President entered the USP. Approximately 80 percent of
USP members were native to the President's northern region; many
belonged to the President's Kaba ethnic group or closely related
groups.
Major political parties tended to have readily identifiable ethnic
or ethnic-regional bases. The results of the 1998 legislative elections
and the 1999 presidential election confirmed that the MLPC Party of
President Patasse had strong support in the north, especially among the
Sara and Baya ethnic groups, but that it also had strengthened its
support in the capital (see Section 3). The MDD party of former
President David Dacko was strong in the southwestern part of the
country; the opposition RDC was popular in the southeast, in the
Oubangui River basin, especially among the Yakoma.
Section 6. Worker 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, primarily wage earners such as civil
servants, has exercised this right. There were five recognized labor
federations, and the two most important were the Organization of Free
Public Sector Unions and the Labor Union of Central African Workers
(USTC), which were independent of the Government.
The law expressly forbids discrimination against employees on the
basis of union membership or union activity. Employees can have their
cases heard in the Labor Court. The Labor Code does not state whether
employers found guilty of anti-union discrimination were required to
reinstate workers fired for union activities; however, employers
legally were required to pay damages, including back pay and lost
wages.
Unlike in the previous year, labor leaders were not arrested or
prevented from leaving the country.
Labor federations were free to affiliate internationally, and the
USTC was affiliated with the ICFTU.
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 be full-time wage-earning
employees in their occupation, but they may conduct union business
during working hours. The Code does not provide specifically that
unions may bargain collectively; however, the law protects workers from
employer interference in their right to organize and administer their
unions. The Government usually was involved in the collective
bargaining process. While collective bargaining has taken place in some
instances, no collective bargaining occurred during the year.
The Ministry of Labor and Civil Service set wage scales. Collective
bargaining played a role in setting wages in private industry. Salary
arrears continued during the year for both civilian (23 months) and
military (21 months) personnel; the arrears continued to be a major
complaint of the unions, but with minimal results.
Unions had the right to strike in both the public and private
sectors. To be legal, strikes had to 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 was required to 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. However, the Government has the authority to end strikes
because of public interest. The Code makes no other provisions
regarding sanctions on employers for acting against strikers. There
were no reports of employer actions against strikers.
In February the entire bar went on strike after the Criminal Court
barred attorney Assingambi Zarambaud from representing clients charged
with involvement in the May 2001 coup attempt (see Section 1.e.).
On July 1, medical staff from major Bangui hospitals went on strike
to protest salary arrears following failed negotiations with Prime
Minister Ziguele. The strikers demanded payment of 6 months of salary
arrears; however, they returned to work after the Government paid them
for 1 month.
On October 1, more than 7,000 teachers staged a nationwide strike
for 8 days, protesting the non-payment of salary arrears. The teachers
demanded 9 months of their salary arrears of 23 months. The Government
offered 1 month's salary; the teachers refused and extended their
strike, which was ongoing at year's end.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Labor Code
specifically prohibits forced or bonded labor; however, prisoners were
forced to work without compensation for government officials or
magistrates. The Ba'Aka often were coerced into agricultural, domestic,
and other types of labor for different ethnic groups.
The Labor Code prohibition of forced or bonded labor applies to
children, although they are not mentioned specifically; however, forced
child labor occurred (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code forbids the employment of children under 14
years of age; however, the Ministry of Labor and Civil Service enforced
the provision only loosely. The Labor Code defined the worst forms of
child labor as dangerous work or tasks involving serious risks to the
child's health, security, or morality. The Labor Code generally covered
all labor sectors, although specific regulations covered specific
sectors. In some cases, the Labor Code provides that the minimum age
for employment could be reduced to 12 years for some types of light
work in traditional agricultural activities or home services. Children
frequently worked on farms at rural schools.
The Government did not have sufficient resources to enforce the
prohibition against forced labor effectively, and child labor was
common in many sectors of the economy, especially in rural areas. In
some rural areas, teachers or principals used school children as labor
on farms, ostensibly to teach them how to work the land since many
students did not further their education beyond secondary school (see
Section 5). The schools used the proceeds from the sale of the farm
produce to purchase school supplies and equipment and to fund school-
related activities. An international agency reported that children
worked in the diamond fields alongside adult relatives.
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 was equivalent to approximately $12 (7,800 CFA francs) for
agricultural workers but approximately $28 (18,000 CFA francs) for
office workers. The minimum wage did not provide a worker and family a
decent standard of living. Most labor was 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 per week.
There also were general laws on health and safety standards in the
workplace, but the Ministry of Labor and Civil Service neither
precisely defined nor actively enforced them, a matter about which the
ILO has expressed concern to the Government for many years. The Labor
Code states that a labor inspector may force an employer to correct
unsafe or unhealthy work conditions, but it does not provide the right
for workers to remove themselves from such conditions without risk of
loss of employment.
The Labor Code protects both legal and illegal foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports that persons, particularly children,
were trafficked. Child prostitution remained a problem. The Government
has recognized that trafficking in persons occurs; however, statistics
and specific examples of trafficking were not available.
Traffickers can be prosecuted under laws against slavery, Labor
Code violations, mandatory school age laws, and laws against the
exploitation of prostitution by means of coercion or fraud. Specific
laws address the crime of prostitution and punish those who traffic
women for the purposes of prostitution.
The Government did not investigate actively cases of trafficking,
nor did it use or have access to special investigative techniques in
trafficking investigations. In 2000 the Government established a
commission to study the extent of the trafficking problem, to identify
those responsible, and to devise a plan to combat the problem; however,
few resources have been devoted to the problem. The Ministries of
Social Affairs, Interior, Labor, Rural Development, Justice, and
Defense were involved in anti-trafficking efforts and were part of the
commission. There were no known NGOs specifically working on the issue.
Trafficking was confined primarily to children who were brought in
by the foreign Muslim community from Nigeria, Sudan, and Chad to be
used as domestic servants, shop helpers, and agricultural workers (see
Section 5). Merchants, herders, and other foreigners doing business in
and transiting the country also brought girls and boys into the
country. Such children, who may or may not be related to their
caretakers, were not afforded the benefit of a formal education,
despite the mandatory school age, and worked without remuneration for
their labor. There were a few anecdotal reports of children being
trafficked to Nigeria and several other nearby countries for use as
agricultural workers. There was no evidence of sexual exploitation, but
there were reports that children were beaten publicly.
Some girls entered prostitution to earn money for their families.
The indigenous Ba'Aka often were coerced into agricultural,
domestic, and other types of labor within the country. The Ba'Aka often
were considered to be the slaves of other local ethnic groups, and
subjected to wages far below those prescribed by the labor code. There
were credible reports in 2001 of three cases in which persons obtained
a Ba'Aka child by deception and subsequently sent the child to Europe
for adoption. One of the cases reportedly involved the implicit
cooperation of government authorities.
__________
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. He was
reelected President in May 2001; however, fraud, widespread vote
rigging, and local irregularities marred the 2001 presidential election
and the April legislative elections in which the MPS won 110 out of 155
seats in the National Assembly. The Government signed a formal peace
treaty in January with the rebel Movement for Democracy and Justice in
Chad (MDJT), led by former Defense Minister Youssouf Togoimi; however
it still did not control some parts of northwestern Chad. In May 2000,
the President and the National Assembly appointed 15 members of the
High Court of Justice, despite a law providing for their election. The
Constitution mandates an independent judiciary; however, the judiciary
was ineffective, underfunded, overburdened, and subject to executive
interference.
The army (ANT), Gendarmerie (State Police Force), police, National
and Nomadic Guard (GNNT), Rapid Intervention Force (FIR), Republican
Guard, Presidential Security Force, and the counterintelligence service
(ANS) were responsible for internal security. Officers from President
Deby's ethnic group dominated the FIR and the ANS. The National Army,
Gendarmerie, the GNNT, and the Republican Guard (the Presidential
Security Force) were deployed to fight the rebels. The various military
and security forces generally were responsive to the civilian control
of the Ministry of Defense (ANS and FIR), Ministry of the Interior
(Gendarmerie and GNNT), and the Presidency (Republican Guard and the
Presidential Security Force). The security forces committed serious
human rights abuses.
The economy was based on subsistence agriculture, herding, and
fishing, and more than 80 percent of the workforce was involved in
these activities. The country's population was approximately 8.4
million. Impediments to sustainable economic growth were corruption and
a thriving informal sector outside of government taxation policies. The
Government remained heavily dependent on assistance from external
donors and international financial institutions.
The Government's human rights record remained poor, and it
committed serious human rights abuses. The Government limited citizens'
right to change their government. Security forces committed
extrajudicial killings, abductions, and continued to torture, beat,
rape, and abuse persons. Prison conditions remained harsh and life
threatening. Security forces continued to use arbitrary arrest and
detention; the authorities arrested opposition leaders. The Government
rarely prosecuted or punished members of the security forces who
committed human rights abuses. Lengthy pretrial detention remained a
problem. The Government held political detainees. 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 limited freedom of the press. The Government took judicial action
against independent newspapers for publishing material that it deemed
prejudicial to the Government. The Government limited freedom of
assembly. At times the Government limited freedom of religion and
movement. Violence and societal discrimination against women were
common. Female genital mutilation (FGM) was widespread. Both official
and societal ethnic and regional discrimination remained widespread;
northerners, in particular members of President Deby's Bideyat and the
allied Zaghawa ethnic minorities, continued to dominate key positions
in the public sector. Intermittent armed conflict between the
Government and rebels in the Tibesti continued. There also were reports
of forced labor, including forced child labor. Child labor was a
problem. Trafficking in persons was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Officially
sanctioned extrajudicial killings of suspected criminals by police, the
military, and gendarmes continued. Units of the armed forces were
responsible for the extrajudicial killings of suspected members of the
northwestern rebellion in the Tibesti. The extrajudicial killings
rarely were directed centrally; they usually occurred outside the
capital, where there was less control over security forces. The
Government rarely prosecuted or punished members of the security forces
who committed extrajudicial killings. During the year, extrajudicial
killings continued unabated, usually with impunity. This led to a
generalized sense of insecurity among the population, particularly in
N'Djamena.
On January 3, a Kelo man died as a result of injuries sustained
when gendarmes tortured him (see Section 1.c.).
In April a member of the Presidential Security Guard killed 20-
year-old Epe Madi along the banks of the Chari River. No legal action
was taken by year's end.
On April 26, Luc Ndonnena of Bodo died in detention, after being
tortured (see Section 1.c.).
No action was taken on the preceding cases by year's end.
On May 7, the body of 20-year-old student Desire Betoudji was found
in N'Djamena. His assailant or assailants had tied his hands behind his
back, beaten and stabbed him, then slit his throat.
On June 4, two armed men in uniform and driving an unregistered
vehicle broke into the N'Djamena home of jeweler Kabirou Inoua, robbing
and fatally wounding him. There was no report of an investigation or
other action by year's end.
On December 12, approximately 20 high school students and their
friends from the Lycee Bilingue du Centre in N'Djamena stabbed 4 of
their teachers, killing Goloum Tando. A policeman who tried to
intervene also was attacked and injured. The killing followed a
November 30 attack on a teacher who told his students during a class
that members of a certain ethnic group had once been slaves; this
assertion resulted in the teacher being assaulted by his pupils'
parents. The December 12 fatal attack and an unsuccessful attempt to
burn down the school on December 10 were reprisals for this assertion.
Police arrested the suspected perpetrators of the December 12 attacks;
however it was unknown if they had been charged by year's end.
Landmines laid by government, foreign, and rebel forces in previous
years caused numerous deaths during the year (see Section 5).
On April 21, Dr. Mahamat Guetti, president of the African
Democratic Party (PDA) and parliamentary hopeful, died after his car
hit a landmine outside of Faya, the evening after the elections. Five
other passengers were wounded. The Government initially placed
responsibility on the MDJT, but police later arrested three young men
whom they accused of having laid the mine; these men were still being
detained at year's end. Opposition parties and human rights groups
pointed out that Dr. Guetti was contesting the ruling MPS party for the
legislative seat and accused the Government of having laid the mine.
On August 29, rebel leader Youssouf Togoimi's vehicle ran over a
landmine in northern Chad, seriously wounding him; he died on September
24 from these wounds.
There were no developments in the following 2001 cases of killing:
Jean Paul Kimtolnan, Brahim Selguet, and the fatal torture case in
Abeche.
There were no developments in the following 2000 cases of killing:
The May 2000 kidnaping and subsequent death of a civilian in an
N'Djamena park or the 2000 extrajudicial killings of members of the
MDJT rebel group.
Armed bandits operated on many roads, assaulting, robbing, and
killing travelers; some bandits were identified as active duty soldiers
or deserters (see Section 2.d.).
There were sporadic reports of clashes between rebel and government
forces during the year.
There were no further developments in the October 2001 killing of
Maxime Mbailaou.
During the year, members of the Tibesti rebellion reported that
members of the army committed human rights abuses and killed suspected
collaborators among the civilian population.
Clashes along the Chad and Central African Republic (CAR) border
continued during the year. On August 6, 22 persons, including two
Chadian soldiers, died after a confrontation between the army and
troops loyal to Abdoulaye Miskine, a citizen who now supports CAR
President Patasse, which had crossed the border into the Chadian town
of Sido. Several days later, forces supporting exiled CAR General
Francois Bozize--who sought and received political asylum in Chad after
his 2001 failed coup attempt--raided the CAR town of Kabo. These
skirmishes followed several smaller confrontations throughout the year.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no developments, nor were any likely, in the May 2000
disappearance of Souleyman Toke.
c. Torture, and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution specifically prohibits such practices;
however, members of the security forces tortured, beat, abused, and
raped citizens. Impunity for those who commit human rights abuses
remained widespread.
On 26 April, Luc Ndonnena of Bodo died in detention after being
tortured. Police had arrested him on April 22 on suspicion of rape.
On May 6, 12 members of the military raped a woman in the capital
city of N'Djamena.
On July 23, security service members beat and robbed Mahamat Fadoul
Awade, a student home on holiday with his family in N'Djamena. The
agents approached him while he was out with his friends, telling him he
was needed at the security services' office. There the agents assaulted
and robbed him, accusing him of being a highway robber; agents also
robbed two of his friends. After Awade surrendered his motorcycle, the
agents allowed the young men to leave. The incident was referred to the
security services for an internal investigation; however, there was no
further action taken by year's end.
On July 25, six armed military members searched the temporary
dwelling of several nomadic herders, ostensibly for weapons. Although
they found no weapons, the military demanded that the herders pay them
a $1,500 (1 million CFA francs) fine, which the herders refused to do.
The military left, promising to return the next day. When the military
located one herder, they tortured him and killed his horse. Upon
finding the others, the military opened fire, killing one and injuring
two others. The military then tied up, tortured, and detained the eight
unwounded herders. When found, the soldiers denied involvement. The
detained herders were brought before a military chief in Doba, and
three were subsequently arrested and tortured. After the herders'
families reported the incident to the authorities in N'Djamena, the
military transferred the detainees to the National Gendarmerie
headquarters, charging the herders with being rebels. According to Le
Progres newspaper, the National Gendarmerie sent a committee to
investigate the incident; however, there were no further developments
by year's end.
After a series of rebel attacks in northern and eastern Chad in
October, government troops carried out acts of reprisal against the
local population, including burning villages and killing livestock.
Local residents accused the troops of oppressing the civilian
population and targeting them for robbery.
During the year, police raped women in custody. For example, on
October 11, a young woman in Bebedjia was taken into the gendarmerie
custody after she witnessed her cousin being stabbed. While in custody,
the brigade commander raped her. A month later, he repeatedly raped
another woman also in his custody. On November 11, the officer was
charged in court, and the trial was ongoing at year's end.
In most cases of torture, and other cruel, inhuman, or degrading
treatment or punishment reportedly done by security forces during the
year no action was taken.
There were no further developments in the January 2001 attack on
Juliette Denemadji Abdelkader, the May 2001 police shooting in Sarh,
the 2001 physical abuse of opposition politicians, the June 2001
beating in Abeche, the July 2001 torture cases in Abeche and Barh Koh,
the September 2001 assault on human rights activist Dobian Assingar's
family, or the security services' support of interethnic clashes in
Bongor in 2001.
From February 26 to March 7, a judicial mission from Belgium
visited the country, investigating crimes against humanity committed by
former dictator Hissein Habre, who ruled from 1981 to 1990. In a letter
dated October 7, Justice Minister Djimnain Koudji-Gaou informed the
Belgian prosecutor that the Government had lifted Habre's diplomatic
immunity and would not obstruct his prosecution. On October 8,
Senegal's High Commissioner for Human Rights indicated that if the
Belgian courts sought extradition of Habre, Senegal would permit it.
The matter remained unresolved at year's end.
There were no reports of any investigation or action taken against
the members of the security forces responsible for the following
incidents in 2000: The October reported beating and abuse of a Zaghawa
tribesman who was acting erratically near an embassy and died 3 days
after his release from the National Security prison; the June severe
beating, torturing, raping, and robbing with impunity of the residents
of several villages in the south--Bessokoyan, Bekolo, Bembaitada, and
Bamadja--whom the army accused of supporting the rebel chief Kette
Nodji Moise; the May beating of Armel Ramadji, a high school student;
the May severe beating of a civilian, Abdoulaye Absakine.
Landmines laid by government, foreign, and rebel forces in previous
years caused numerous injuries during the year (see Section 5).
Prison conditions were harsh and life threatening. Prisons were
characterized by serious overcrowding, poor sanitation, as well as
inadequate food, shelter, and medical facilities. After visiting a
prison in Abeche, a local human rights group reported that prisoners
were malnourished, with only approximately 33 pounds of flour per day
allotted to feed 145 people. Prisoners received either salt or a sauce
made of okra as a condiment; they had meat once a year.
The law provides that a doctor must visit each prison 3 times a
week; however, there were credible reports that this was not done.
Prisoners in the Abeche facility also indicated that only those with
access to money could receive hospital care.
The Government reported that there were more than 2,000 prisoners
in 46 prisons throughout the country with nearly 700 in N'Djamena's
Central Prison. The ongoing construction of a new prison was not
completed by year's end. The law authorizes forced labor in prison.
Female prisoners usually were separated from males; however
juvenile males were held with adult male prisoners. Pretrial detainees
and political prisoners were held with the general prison population.
The Government permitted the International Committee of the Red
Cross (ICRC) to visit all prisons, including some military prisons,
although the Government insisted on advance notice. The ICRC conducted
such visits during the year. Domestic NGOs, 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. There were no publicized visits by domestic
nongovernmental organizations (NGOs) during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the
Penal Code prohibit arbitrary arrest; however, security forces used
arbitrary arrest and detention. A judicial official must sign arrest
warrants; however, the Government often did not respect this
requirement.
On January 11, authorities freed the president of a youth
association from prison; he had been detained without charge for 1
month.
On March 23, gendarmes and the national police conducted sweeps
throughout N'Djamena in an attempt to crack down on criminal activity.
They moved 118 people to the town of Massakory (approximately 95 miles
north of N'Djamena) and 70 more to Tourba, approximately 45 miles west
of Massakory. A judge in Massakory ruled the detention irregular and
deemed those held as not guilty of vagrancy, as accused by the
gendarmes. Of all those arrested and moved, 90 percent were found to be
in ``regular administrative status,'' i.e., not wanted for criminal
behavior, and were released several weeks after the initial detention.
On May 16, police used tear gas to evict a group of around 100
refugees from the N'Djamena cathedral, and took them to a holding
facility at the national police academy. On April 7, the group occupied
the cathedral to protest the abduction of another refugee during police
sweeps in March and to publicize the plight of refugees in the country
(see Section 2.d.).
In October following a number of rebel attacks in the north,
security forces conducted sweeps of N'Djamena, forcibly conscripting
civilian men and sending them to military zones in the north and east.
There were no new developments in the following cases from 2001:
The May beating and arrest of election monitors; the May arrest of
opposition politicians contesting for the presidency; the May and July
arrest and detention of officers accused of fomenting rebellion; and
the September arrest of World Vision's head of donor relations.
There were no new developments, nor were any likely, in the 2000
detention and torture case in Pala or the reported 2000 killing of 25
alleged rebels.
Members of the CARP were responsible for numerous cases of
arbitrary arrest and detention; they beat, tortured, and raped
detainees with impunity.
Lengthy pretrial detention was a problem. Persons accused of crimes
could endure up to several years of incarceration before being charged
or tried, especially those arrested for felonies in the provinces, who
then were transferred to the overcrowded prison in N'Djamena (see
Section 1.c.). For example, on March 27, the state prosecutor and his
assistants made an unannounced visit to two police stations in
N'Djamena, where they found people being detained illegally for long
periods of preventative detention; they also found evidence of torture.
The prosecutor ordered the detainees released.
On October 16, Mahamat Tabako, who was arrested in 1994 for the
1991 murder of Allafouza Barkai, was finally given a court hearing.
Tabako was a major in the GSP at the time of his arrest, and was
accused of shooting Barkai after a fight. However, because the civil
party to the case and the witness were not present, the case has been
postponed indefinitely.
The Government continued to hold political detainees.
The Government did not practice forced exile; however, some family
members of persons who had joined the northern rebellion chose to leave
the country for safety reasons.
e. Denial of a Fair Public Trial.--The Constitution mandates an
independent judiciary; however, the judiciary was ineffective,
underfunded, overburdened, and subject to executive interference. In
practice government officials and other influential persons often
enjoyed immunity from judicial sanction.
In 1999 President Deby swore in 16 members of the Supreme Court as
well as 9 members of the Constitutional Court. In May 2000, the
National Assembly enacted legislation calling for the election of 15
members of the High Court of Justice; however, the 15 members were
appointed by President Deby and the president of the National Assembly.
Although the establishment of these bodies fulfilled the Constitution's
mandate for a judicial branch, some members of the Supreme Court and
the Constitutional Court were appointed by the Government and not
elected by citizens as required by the law, which weakened the
independence of the courts.
The Constitution mandates a Superior Council of Magistrates to act
as a guarantor of judicial independence, and in 2001, the Council
sanctioned several judges for malfeasance. On June 20, President Deby
signed a decree authorizing the creation of a 5-judge judicial
oversight commission. The commission was empowered to conduct
investigations of judicial decisions and correct judicial infractions.
Parties to judicial cases who felt wronged by the judiciary or the
Minister of Justice could appeal to the commission. There was no action
by the commission during the year. President Deby appointed the members
of the commission, which gave the executive branch further control over
the judicial branch.
The national judicial system operated with courts located in
provincial capitals. The N'Djamena Court of Appeals was supposed to
conduct regular sessions in the provinces, but funding limitations did
not permit the court to make circuit visits.
Applicable law can be confusing, as courts often tended to blend
the formal French-derived legal code with traditional practices.
Residents of rural areas often lacked effective access to formal
judicial institutions, and legal reference texts were not available
outside the capital. In most civil cases, they relied on traditional
courts presided over by village chiefs, canton chiefs, or sultans.
Decisions could be appealed to a formal court.
Official inaction and executive interference continued to plague
the judiciary. In several well-publicized incidents, members of the
executive branch and the security services intimidated members of the
judiciary. In Goz Beida, the subprefect threatened and then arrested a
justice of the peace, while in Faya Largeau, another judge was killed.
On July 30, the judges' union held a press conference to denounce the
``barbaric behavior, laxity, and complicity'' of some administrative
and military authorities. The union demanded that the Government
intercede to protect the judiciary's independence and also to end the
state of insecurity under which judges lived.
The salaries of judicial officials often were low. Although the
Government stated that the strengthening and reform of the judiciary
were priorities, it made little progress in these areas by year's end.
No further action was taken, and none was likely, against five
soldiers who attacked and stoned a defendant at a session of
N'Djamena's criminal court in August 2000.
There were no reliable figures concerning the number of political
prisoners. During the year, the Government reported that there were no
political prisoners. In June 2000, detainees implicated in Kette
Moise's rebellion--Charles Mbairem, Padja Ortingar, Mbairassem Elysee,
Djikossem Nidja, Todjimbaye, and Michel Mbailemel--received public
trials. However, other individuals arrested for suspicion of subversive
activities against the Government in the Tibesti region simply were
released or their whereabouts was unknown.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
authorities used illegal searches and wiretaps and monitored the
contents of private mail. 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 unlawful searches at any time. Security forces also
stopped private vehicles, motorcycles, bicyclists and pedestrians on a
daily basis, extorting money or confiscating belongings.
On June 27, armed men in uniform forcibly entered the residence of
a judge in Ati to take back a vehicle that the court had seized (see
Section 1.e.). Under threat of death, he returned the car's papers to
the intruders.
On October 31, seven men in uniform broke into the N'Djamena home
of a local NGO coordinator, claiming to have been sent by the
Government on an inspection. Once inside, they beat the coordinator's
wife and stole about $1,500 (1 million CFA francs) and some gold. That
same night, another group of armed men broke into a home in N'Djamena,
where they beat the resident and stole approximately $9,000 (6 million
CFA francs), jewelry, and other belongings. No action was taken by
year's end.
There were no new developments in the September 2001 raid on human
rights activist Dobian Assingar's home.
The Government engaged in wiretapping without judicial
authorization, monitored the contents of private mail through the
postal service, and monitored private e-mail through the main post
office server. There were no reports of government wire tapping 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, and the Government generally
respected freedom of speech; however, the Government limited freedom of
the press in practice. The Government controlled the newspapers Info
Tchad and Victoire and influenced Le Progres; however, it did not
dominate the press. A number of private newspapers were published in
the capital; most were extremely critical of government policies and
leaders. Unlike in previous years, the Government did not detain
journalists. However, the Government continued to threaten journalists
with legal retaliation for publishing material on the rebellion in the
northern part of the country or about senior government officials
accused of corruption or responsibility for attacks on Chadian citizens
in Libya.
On August 28, the courts rejected a lawsuit filed by Mandigui
Yokabdjim, now Minister of Education and former rector of the
University of N'Djamena, against the independent weekly paper, Notre
Temps. The paper had published an article denouncing Yokabdjim's
leadership at the University and catalogued alleged misdeeds that
occurred during his tenure. The court dismissed the approximately
$150,000 (100 million CFA francs) suit on a technicality--the press law
stipulates that in cases of defamation, only the person defamed may
pursue the suit. In this case, the University, not Yokabjim, signed the
complaint. The University was appealing the decision.
In November the Government filed a complaint against the private
media with the High Council on Communication (HCC). The Government
accused the media of ``biased treatment of information in times of
war'' and deplored the ``taking of partisan positions'' in media
coverage of rebel attacks in the north and the failed coup attempt in
the CAR, in which the Government was implicated. On November 12, the
HCC convoked media representatives to reprimand them and agreed with
the Government that the media had demonstrated a ``lack of patriotism''
in its coverage. On November 20, to protest proposed revisions of the
press law that they deemed harmful to freedom of the press, three
private radio stations launched a strike; during the first week of
December, private newspapers also went out on strike.
Due to widespread illiteracy and the relatively high cost of
newspapers and television, radio was the most important medium of mass
communication and information. The Catholic Church-owned La Voix du
Paysan broadcast locally produced programming including news coverage
and political commentary in French and indigenous languages from Doba
over a 140-mile range. The HCC has set the licensing fee for a
commercial radio station at a prohibitively high level: Approximately
$9,000 (6 million CFA francs) per year, 10 times the fee for radio
stations owned by nonprofit NGOs such as La Voix du Paysan. However,
the number of private FM stations has increased, including station FM
Liberte, owned by a group of human rights organizations.
The Government placed limits on radio broadcasting. On February 11,
the HCC banned FM Liberte for 3 weeks, accusing the station of inciting
hatred. The HCC imposed the ban after FM Liberte broadcast erroneous
reports concerning a student strike in Ngaoundere, Cameroon, that
incited violent anti-Cameroonian riots.
During the year, local authorities in Moissala, including the
mayor, subprefect, and the military, infringed on Radio Brakos' right
to broadcast. The station appealed to the HCC to intervene on the
station's behalf. After the president of the HCC and a delegation from
the Ministry of Communications traveled to the region to investigate
Radio Brakos' charges, the HCC sent a letter to the Minister of the
Interior, objecting to the local authorities' interference in the
journalists' work and to the confiscation of Radio Brakos' tapes and
equipment.
The Government owned and operated the only domestic television
station. On January 16, the Ministry of Communications suspended Hassan
Boukar, editor in chief, and Ahmat Yacoub Adam, journalist, at the
state-run television station, Tele-Tchad. After the Government signed a
peace accord with the main rebel group, the MDJT, the international
media covered the agreement widely. Ahmat Yacoub wrote and broadcast a
piece criticizing local authorities for giving preferential treatment
to foreign journalists over local ones. On January 22, in response to
the suspensions, Tele-Tchad employees went on strike for several hours,
until the Minister of Communications issued two decrees canceling the
two suspensions.
On August 8, Tele-Tchad management censored a tape recorded by its
own employees of a fight between Tele-Tchad employees and customs
officers. The employees became involved in the melee when they
witnessed and tried to stop customs officers beating a child in front
of the Tele-Tchad office. A Tele-Tchad cameraman filmed the encounter,
but the station hierarchy refused to broadcast it.
A new private television station was registered in 2001; however,
demand for private television was limited by economic conditions, such
as the lack of a sizeable audience with the required purchasing power.
There was one privately owned satellite television service that
distributed foreign programming in French and Arabic, but relatively
few citizens could afford to subscribe to the service. A South African
satellite network also sold subscriptions.
The official media, consisting of a national radio network, a press
agency, and N'Djamena's only national television station, were subject
to both official and informal censorship; however, at times they were
critical of the Government. The official media also gave top priority
to government officials and events, while providing less attention to
the opposition.
The sole Internet access server was provided by the Government-
owned telecommunications monopoly. The Government did not restrict
access to the Internet; however, the state-owned firm reportedly set
prices and provided a quality of service that discouraged the
establishment of private domestic Internet service providers.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government limited this
right in practice. The law requires organizers of public demonstrations
to notify local authorities 5 days in advance of the demonstration.
Authorities banned demonstrations critical of the Government despite
being notified in advance as required by law. In contrast, the
authorities permitted peaceful demonstrations in support of the
Government and its policies.
In February human rights organizations filed suit on behalf of the
women that riot police wounded in June 2001 in front of the French
embassy, and on behalf of the family of Brahim Selguet, the young man
whom Presidential Guardsmen shot and killed in May 2001, following the
presidential elections. The suit demanded that those responsible be
held accountable and relieved of their duties. Although a judge was
assigned, there was no further legal action by year's end.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice.
c. Freedom of Religion.--The Constitution provides for religious
freedom, and the Government generally respected this right in practice;
however, at times it limited this right.
The Government required religious groups, including both foreign
missionary groups and domestic religious groups, to register with the
Ministry of Interior's Department for Religious Affairs. Registration
conferred official recognition but not any tax preferences or other
benefits. There were 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 was 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.
On July 17, the Minister of Territorial Administration formally
admonished the Catholic Church to stay out of all political activities.
The Minister was reacting specifically to a ``train the trainers''
program that the Church conducted for election observers in advance of
municipal elections, which were scheduled for 2003. A representative
from the Ministry attended both the opening and the closing of the
workshop, at the Church's invitation. According to the Minister, the
Catholic Church was trying to become a political party or a civil
society organization, which would intermix illegally religion and
politics. However, during the 2001 presidential elections, the head of
the Superior Council of Islamic Affairs was allowed to campaign on
behalf of a Muslim candidate.
According to a Protestant pastor in N'Djamena, while differing
faiths or denominations were treated equally by the Government, Islamic
congregations appeared to have an easier time obtaining official
permission for their activities. Non-Islamic religious leaders also
claimed that Islamic officials and organizations received greater tax
exemptions and unofficial financial support from the Government. State
lands reportedly were given to Islamic leaders for the purpose of
building mosques, while other religious denominations must purchase
land at market rates to build churches.
Although the different religious communities generally coexisted
without problems, there were reports of occasional tension between
Christians and Muslims due to the proselytizing by evangelical
Christians.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 controlled; 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 members of security
forces, however, it 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 (see Section 1.a.).
On April 28, members of the military driving an unregistered Toyota
robbed and beat merchants in three cars coming home from the weekly
market. One passenger was wounded seriously, and approximately $7,000
(approximately 4.6 million CFA francs) worth of cash and goods was
stolen. The robbers were not apprehended.
Chadian refugees were legally free to repatriate. The World Refugee
Survey stated that about 35,000 Chadians (about 30,000 in Cameroon,
2,000 in the CAR, and 3,000 in Nigeria) were refugees at the end of
2001.
Figures on the numbers of refugees living in the country varied.
According to the World Refugee Survey, Chad hosted 15,000 Sudanese
refugees at the end of 2001; however, the U.N. High Commissioner for
Refugees (UNHCR) set the total number of refugees in the country at the
end of 2001 at 13,000 (mostly Sudanese with approximately 300 refugees
from the Democratic Republic of the Congo).
The Government adhered to the principles of the 1951 U.N.
Convention Relating to the Status of Refugees and its 1967 Protocol;
however, these principles were not incorporated into the law. An
official national structure, the National Committee for Welcoming and
Reinsertion (CONAR), handled domestic and foreign refugee affairs. The
Government cooperated with the UNHCR and other humanitarian
organizations assisting refugees. At the end of 2001, the UNHCR closed
its branch office in N'Djamena as part of a worldwide scaling down
operation; the UNHCR office in Bangui, Central African Republic, now
has jurisdiction over Chad. The Government provided first asylum for
refugees. The Government has granted refugee and asylum status
informally to persons from Sudan and the Republic of the Congo and has
allowed them to remain for resettlement.
On March 26, gendarmes kidnaped refugee Bienvenu Ngala Mambweni,
along with more than 100 other persons, and took him to a town
approximately 105 miles northeast of N'Djamena. On April 7, around 180
to 250 refugees, mostly Congolese but also Rwandan, Sudanese, Somali,
Central African and Sierra Leonean, occupied the national cathedral in
protest. One day later, Mambweni was returned to N'Djamena; however,
the refugees refused to leave the cathedral and demanded that the UNHCR
resettle them in a different third country (many of the occupiers were
not officially recognized as refugees by the UNHCR.) On May 7, a UNHCR
delegation visited the group and signed up some of the refugees for
repatriation to their countries of origin; however, the UNHCR refused
to agree to third-country resettlement. Authorities moved those who
agreed to resettlement in their countries of origin to resettlement
camps and, on August 26, 88 Congolese refugees voluntarily repatriated.
Although no date was set, an additional 38 persons (20 Central
Africans, 10 Sudanese and 8 Congolese) were to be repatriated in the
next tranche.
For those who refused repatriation, the UNHCR delegation offered
approximately $50 (35,000 CFA francs) should they leave the cathedral.
Many refused the offer. On May 16, the military forcibly evicted the
refugees from the cathedral using tear gas (see Section 1.d.). The
repatriation of the remaining cathedral refugees was dependent on their
home country's willingness to accept them back. At year's end, 20
Sudanese and 9 Central Africans were awaiting repatriation; others
decided to emigrate to a third country.
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; however, the Government continued to limit this
right in practice. The Government was headed by a prime minister who
was nominated by the President and confirmed by the National Assembly.
In June President Deby appointed Haroun Kabadi as Prime Minister,
replacing Nagoum Yamassoum, who had served for 3 years. The executive
branch dominated all other branches.
During April legislative elections, President Deby's MPS party won
110 out of 155 seats in the National Assembly. The election results
were largely determined in advance, due in large part to a faulty
electoral census that the Government refused to revise, as well as to
inaccurate registered voter lists. In addition, the MPS, running allied
with another party in some districts, was the only political party to
have a candidate in every district. Two of the primary opposition
parties chose to boycott because of their concerns with the electoral
conditions and urged their supporters to stay away from the polls.
Turnout was just over 50 percent nationwide but only 22 percent in the
capital. There were reports of irregularities committed on election
day.
During the period leading up to and following the May 2001
presidential election, several cases of abuses against opposition
supporters and candidates took place.
According to several observers, President Deby's first-round
victory in 2001 was marked by irregularities, including voting by
minors and unregistered voters, early and repeat voting by nomadic
groups, election day campaigning by the ruling party, and the presence
of government officials and the military in polling stations during the
voting. While monitoring the voting process, unofficial observers from
local human rights and civil society groups were assaulted in polling
stations.
The Government restricted media coverage of the elections (see
Section 2.a.).
The State remained highly centralized. The national government
appointed all subnational government officials, who must rely on the
central government for most of their revenues and their administrative
personnel.
Many political parties objected to the Government's proposed
decentralization plan and presidentially decreed internal territorial
divisions. Opposition political leaders accused the Government of
coopting their most popular local politicians to run as MPS members in
upcoming local elections and also alleged intimidation by the military
against those party members who refused.
The Independent Elections Commission, which is dominated by the MPS
party, was ineffective in overseeing the April legislative election and
the May 2001 presidential elections.
Few women held senior leadership positions. There were 3 women in
the 125-seat National Assembly, and there were 2 women of cabinet rank.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Human rights organizations generally operated with few overt
restrictions, investigating and publishing their findings on human
rights cases; however, the Government obstructed the work of human
rights organizations during the year through arrest, detention, and
intimidation (see Sections 1.c. and 1.d.). Government officials often
were accessible to human rights advocates; however, they generally were
unresponsive or hostile to their findings. Areas of particular
difficulty between the Government and human rights organizations were
the latter's attempts to mediate between the Government and rebel
groups and their attempts to monitor the legislative elections (see
Section 3).
On October 3, Sylahorbe Maningonal and David Mamtadjinan, two
members of the Maro branch of the Chadian League of Human Rights
(LTDH), were arrested and tortured. Police accused them of possessing
illegal weapons and belonging to a rebel group; however, the LTDH
believed that their detention and torture was organized by an official
in the intelligence service, who the LTDH had accused of carrying out
human rights abuses during the regime of former president Hissene
Habre.
Human rights groups were outspoken and often partisan in
publicizing the abuses through reports, press releases, and the print
media; however, they only occasionally were able to intervene
successfully with authorities. They often sent statements to diplomatic
missions and international NGOs. Most human rights groups were composed
of opponents of the Government, which weakened their credibility with
the Government and some international organizations.
NGOs gained some recognition under the Deby regime and played a
role in political events. Human rights groups assisted the Government
in mediation efforts between herders and farmers over land and water
rights.
International human rights organizations were restricted. The
Government has refused Amnesty International's request to investigate
human rights abuses in the country; however, the Government permitted a
Belgian judicial delegation and a representative of Human Rights Watch
to visit the country and interview victims of and witnesses to human
rights abuses committed by deposed dictator Hissein Habre. The
delegations indicated that the Government cooperated fully during their
mission; however, the delegations did not investigate current human
rights concerns.
Section 5. Discrimination Based on Race, Sex, 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 maintained women in a status
subordinate to men, and the Government favored its ethnic supporters
and allies.
Women.--Domestic violence against women was common, although no
statistics were available. By tradition wives were subject to the
authority of their husbands, and they only had limited legal recourse
against abuse. Family or traditional authorities could act in such
cases; however, police rarely intervened.
Rape, prostitution, and sexual harassment were all problems. Rape
and prostitution were prohibited by law; however, sexual harassment was
not.
FGM was widespread and deeply rooted in tradition. A U.N. study
estimated that approximately 60 percent of all women in the country had
undergone FGM; the practice was especially prevalent among ethnic
groups in the east and south, where it was introduced from Sudan. All
three types of FGM were practiced; the least common but most dangerous
and severe form of FGM, infibulation, was confined largely to the
region on the eastern border with Sudan. FGM usually was performed
prior to puberty as a rite of passage.
Opposition to the elimination of FGM was strong; however, some
progress has been made. On March 28, the Parliament passed a law on
reproductive health, which included a section banning violence against
women, including FGM. In previous years, both the Government and the
NGO community conducted active and sustained public education campaigns
against this practice. In April a parliamentary delegation met with
local opinion leaders in the eastern town of Am-Timan to discuss FGM
and its public health implications. In May the first regional symposium
on FGM was held, bringing together around 40 members of civil society
associations, traditional leaders, religious authorities and others
from the 5 southeastern and south-central administrative departments. A
prominent NGO continued its anti-FGM education campaign during the
year. The Ministry of Social Action and the Family was responsible for
coordinating activities to combat FGM. The 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 such suits were brought by year's
end.
Discrimination against women remained widespread. In practice women
did 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 based on the French code do not discriminate
against women, but most inheritance cases were not adjudicated in the
court system. Rather, they were resolved by local leaders, with
traditional practice favoring men. A 1999 study found that 21 percent
of housewives could not work outside the home because their husbands
forbade them to do so. The exploitation of women was pervasive
especially in rural areas, where women did most of the agricultural
labor and were discouraged from formal schooling. Illiteracy was
estimated at 66 percent for women as compared with 41 percent for men.
Under the law, polygyny was sanctioned; however, spouses may opt for
monogamy. If a monogamous relationship was violated, the wife has the
right to request that the marriage be dissolved; however, she must
repay the bride price and other expenses related to the marriage.
Children.--The Government took some actions to improve children's
rights and welfare, but it had few resources for these purposes.
Although the Government continued to increase modestly its assistance
to the education sector, the Government did not have enough money to
provide adequate funding to public education and medical care.
Government education policy for children and youth was focused on
increasing classroom facilities and infrastructure.
The Government did not enforce compulsory education. The
Constitution provides for compulsory education, but it does not specify
until which age. The Constitution also provides for free education;
however, parents complained that they must pay tuition to public
schools. Educational opportunities for girls were limited, mainly
because of tradition. Approximately as many girls as boys were enrolled
in primary school, but the percentage of girls enrolled in secondary
school was extremely low, primarily because of early marriage.
The law considers any citizen under the age of 18 years as a minor.
Sexual relations, even with consent, before the age of 13 years were
considered to be rape and the prescribed sentence was for hard labor in
perpetuity; the age of consent was 14. Child abuse was a problem.
FGM was practiced commonly on young girls (see Section 5, Women).
Although the law prohibits sexual relations with a girl under the
age of 14, even if married, this law rarely was enforced, and families
arrange marriages for girls as young as the age of 12 or 13; the
minimum age for engagements was 11 to 12. There were some forced
marriages, for the financial gain of a dowry (see Section 6.c.). Many
young wives then were forced to work long hours of physical labor for
their husbands in fields or homes (see Section 6.d.).
Several human rights organization reported on the problem of the
``mahadjir'' children. These children, who attended certain Islamic
schools, were forced by their teachers to beg for food and money. There
were no real estimates as to the number of mahadjir children; however,
UNICEF was conducting a study on children's status that was expected to
include figures on mahadjir children.
Although the practice was prohibited by law, UNICEF estimated that
there were approximately 600 child soldiers in the country. In
addition, UNICEF estimated that there were approximately 10,000 street
children. There were credible reports that the military conscripted
teenage Zaghawa to fight in the Tibesti region of the country during
the year.
In July 40 members of a network of associations and NGOs working
for children, met to adopt a plan of action for the protection of
children's rights. They decided to publish a bimonthly bulletin called
The Voice of the Children, create a cultural theater group for
education and training on the rights of children, and establish an
information center on the rights of children.
During the year, the NGO Medecins du Monde (Doctors of the World)
and the city of N'Djamena sponsored 84 training sessions on health and
hygiene for street children.
Persons with Disabilities.--There was no official discrimination
against persons with disabilities; however, the Government operated
only a few therapy, education, or employment programs for persons with
disabilities, and no laws mandate access to buildings for persons with
disabilities. Several local NGOs provided skills training to the deaf
and blind.
In 2000 the number of citizens with disabilities was estimated at
approximately 500,000; most were disabled as a result of polio,
blindness, and old age. The majority of them were illiterate and
unemployed, and many were beggars.
An ophthalmologist at the National General Hospital estimated that
10 percent of all citizens had some visual dysfunction--approximately
150,000 were blind, and approximately 600,000 were visually impaired.
There were only three ophthalmologists in the country.
National/Racial/Ethnic Minorities.--There were approximately 200
ethnic groups, many of which were concentrated regionally and speak 128
distinct primary languages. Most ethnic groups were 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. However, recent migrations in response to
urbanization and desertification made a north-south breakdown too
simplistic.
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 self-segregation in
urban neighborhoods, and in the paucity of interethnic marriages,
especially across the north-south divide. The law prohibits state
discrimination on the basis of ethnicity; however, in practice
ethnicity continued to influence government appointments and political
alliances. Northerners, in particular members of President Deby's
Bideyat and allied Zaghawa ethnic groups, 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 (see
Section 3).
In the army's struggle against the Tibesti rebels, hundreds of
soldiers were killed or injured by landmines and unexploded ordinance
in 1998 and 1999; numerous deaths and injuries from landmines continued
during the year. During the year, the Government exhibited a pattern of
discrimination in selectively separating injured northerners,
especially Zaghawa, from southerners for treatment, with the Zaghawa
given preferential medical treatment, including evacuation abroad.
Human rights groups in Faya Largeau charged that many untreated injured
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 in
practice. All employees, except members of the armed forces, were free
to join or form unions. However, few workers belonged to unions, since
most workers were unpaid subsistence cultivators or herders. The main
labor organization was the Chadian Syndicates' Union (UST). The
Teacher's Union of Chad 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 operated,
some with ties to government officials.
The Labor Code ended long-standing legal restrictions on trade
union rights; however, there were reports that a 1962 ordinance
requiring prior authorization from the Ministry of the Interior before
an association can be formed still was in force. The ordinance also
allowed for the immediate administrative dissolution of an association
and permitted the authorities to oversee associations' funds. The
Government allegedly applied this law to unions on several occasions
despite assurances that only the Labor Code would govern the unions;
there were no reports of such action during the year. The International
Labor Organization (ILO) Committee of Experts has cited the Government
for its denial of the right to establish an organization without prior
approval. The Committee noted that Ordinance No 27 regulating
associations subjects the establishment of associations to the Ministry
of the Interior who had extensive power to oversee the management under
penalty of dissolution.
The unions were supportive of the opposition and played a limited
role in the legislative election campaign. In 2001 they had a much more
active role in the presidential election campaign. The Government
applied some pressure on the unions after the election, urging them to
go back to focusing on labor issues rather than politics.
The Labor Code protects unions against antiunion discrimination,
but there was no formal mechanism for resolving such complaints.
Labor unions have the right to affiliate internationally. The UST
affiliates with the International Confederation of Free Trade Unions.
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 authorizes
the Government to intervene in the bargaining process under certain
circumstances.
The Constitution recognizes the right to strike, and the Government
generally respected this in practice. The law permitted imprisonment
with forced labor for participation in strikes; however, there was no
such punishment during the year. During the year, there were legal and
illegal strikes in various sectors, particularly postal services,
petroleum, and education.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution and the
Labor Code prohibit forced or bonded labor, including by children;
however, there were reports of forced labor practices in the formal
economy and isolated instances of forced labor by both children and
adults in the rural sector by local authorities as well as in military
installations in the north. In 2000 a local newspaper reported that
workers in the National Sugar Company of Chad, the sugar parastatal,
were forced to work but were not paid. Some young girls were forced
into marriages by their families; these girls then were forced to work
in their husbands' fields or homes (see Section 5). There were reports
that Zaghawas were conscripted forcibly into the armed forces
throughout the year. In December 2000, security forces in N'Djamena
reportedly rounded up army deserters and other individuals described as
bandits, sent them to the northern military front, and forced them to
fight alongside government troops. Ordinances of the law permitted
forced labor imprisonment for participation in strikes, which the ILO
has requested the Government to repeal; however, the ordinances were
not repealed by year's end.
Abusive and exploitative child labor existed and affected an
estimated 20 percent of children between the ages of 6 and 18 years of
age.
In September the quasi-official National Commission on Human Rights
wrote a letter of protest to the Prime Minister concerning reports of
children being sold and exploited in Koumra and other cities in the
Mandoul region. The Commission asked local and national authorities to
put an end to this problem and called for the creation of a special
team to investigate and fix responsibilities. No action was taken by
year's end.
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 was 14 years; however, the Government
did not enforce the law in practice. The labor law provides that anyone
under the age of 18 is a child and prohibits children from undertaking
``any work which, by its nature or the circumstances in which it was
carried out, was likely to harm the health, safety or morals of
children.'' According to a 2000 UNICEF study, 65.5 percent of minors
worked, including those performing domestic chores for more than 4
hours per day, those working within the family (herding, microcommerce,
etc.), and those who worked for someone outside the family but who were
underage. One out of 5 children between 6 and 18 years of age worked in
the urban informal sector. Throughout the country, children worked in
agriculture and herding during the year. Children were also employed in
the commercial sector, particularly in the capital, as street vendors,
manual laborers, and helpers in small shops. Young girls worked as
domestic servants, again mainly in N'Djamena.
In an investigative piece on child labor, a local semi-weekly
newspaper gave several examples of urban child labor. Included among
them was the case of an 8-year-old boy, who hauled bricks from a firing
oven to a vending site more than half a mile away, earning $.01 (10 CFA
francs) per brick, for a total of between $0.75 to $1.40 (500 to 750
CFA francs) per day. In another case, a 13-year-old boy transported
sand for $1.40 to $1.50 (750 to 900 CFA francs) per day. The article
noted that teenagers also employed still younger children to carry out
work for them, like hauling sand and brick.
There were reports that in the southern part of the country,
families contracted out their children to Arab nomadic herders to help
care for their animals, and the children often were abused and returned
with little financial compensation for their work. For example, the
family of Mbaye Ngabaye, a preteen boy, sold him to a nomadic herder
for $15 (10,000 CFA francs) in 1998. The local official, who witnessed
the transaction, received $7.50 (5,000 CFA francs). The contract was
for 3 years, and every 6 months, the boy would be allowed to bring one
calf back to the village; in reality, he only received two calves in 3
years. The family then sold one of the calves to feed their 11
remaining children, while the second was sold to pay for the incision
(FGM) of his sisters. After a documentary filmmaker intervened, the
child was returned home. Some children worked as domestic servants in
the households of relatives for little compensation.
The Government worked with UNICEF to increase public awareness of
child labor. During the year, the Government cosponsored with UNICEF a
number of workshops, seminars, and radio broadcasts to raise awareness
of the abuses of child labor and to advocate elimination of the worst
forms of child abuse. For example, the Ministry of Communications, in
conjunction with UNICEF, held a competition for the best radio
broadcast on the issue of child labor.
Forced child labor was a problem (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 $35
(25,480 CFA francs) 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 low wages among customs, police, and
military officials contributed to almost daily extortion of the
civilian population along all major roads (see Section 2.d.).
The Government, which owned 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 remained.
The law limits most agricultural work to 39 hours per week, with
overtime paid for supplementary hours. Agricultural work was limited to
2,400 hours per year. All workers were entitled to an unbroken period
of 48 hours of rest per week, although in practice these rights rarely
were enforced.
The Labor Code mandates occupational health and safety standards
and inspectors with the authority to enforce them; however, these
standards rarely were respected in practice in the private sector and
were nonexistent in the civil service. The UST has claimed before the
ILO that the labor inspection service was not allocated the resources
necessary to perform its duties. Workers can remove themselves from
dangerous working conditions; however, in practice they cannot leave
without jeopardizing their employment.
All workers--foreign, citizen, legal, or illegal--are protected
under the Labor Code.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, there were reports of trafficking. Children were
trafficked for forced labor. For example, a 9-year-old girl's family
sold her to a former subprefect now living in N'Djamena. She had been
forcibly working as a maid for 6 months in the man's home when she fled
in June, initially finding refuge at the national radio station. When
the radio aired an appeal for her parents to come and pick her up, her
employers appeared, carrying a copy of a work contract signed by her
parents, two witnesses, and the head of the gendarme brigade in her
home department. Gendarmes who were present at the radio station
contacted local human rights organizations, and refused to return the
child to her employers. The employers were taken to the gendarmes'
station, and then summoned to court by the national prosecutor on July
4; they did not show up.
Begging for food or money by ``mahadjir'' children forced to do so
by their teachers was a problem (see Section 6.c.).
The Penal Code makes trafficking in persons a crime punishable by 5
to 20 years in prison; however, no governmental organization focused on
the problem, and no economic or financial aid was available unless a
victim sought damages in court. The Government sponsored educational
campaigns through the media to advise parents to instruct children
about the danger of trusting strangers.
__________
COMOROS
The Union of Comoros is an emerging democracy that was ruled by
President Azali Assoumani, who took power in a coup in April 1999, and
subsequently was elected democratically in April presidential elections
described by international observers as free and fair. The country
consists of three islands (Grande Comore, Anjouan, and Moheli) and
claims a fourth, Mayotte, which is governed by France. Legislative
elections were scheduled for March 2003. The Constitution provides for
an independent judiciary, and unlike in previous years, there were no
reports of efforts to influence the judiciary by the executive or
others during the year.
The Comorian Defense Force and the Gendarmerie were responsible for
internal security and were under the President's direct control. Some
members of the security forces committed human rights abuses.
The economy was dominated by agriculture; the country's population
was approximately 590,000. Revenues from the main crops continued to
fall while the population has been growing at a rate of 2.7 percent
annually. In 2001 per capita income was approximately $356. The country
depended heavily on foreign assistance from the European Union, China,
and Arab countries, including Bahrain, Kuwait, Qatar, Saudi Arabia,
Libya, and the United Arab Emirates.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Prison conditions
remained poor. Security forces and the separatist authorities on
Anjouan used arbitrary arrest and detention. The Government limited
freedom of religion, and security forces reportedly continued to
threaten Christians. Societal discrimination against women and
Christians continued to be serious problems. There were some instances
of forced child labor.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life by the
Government or its agents during the year. However, during a December
2001 unsuccessful coup attempt on Moheli, soldiers killed four invading
mercenaries; two other mercenaries were lynched by a mob.
In addition to the police and the military, there were many groups
on Anjouan that were armed, including paramilitary forces, militias,
and civilians. There were no reported killings by these groups 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 Constitution prohibits such practices, and there were
no reports that government officials employed them.
In September police forcibly dispersed a student demonstration (see
Section 2.b.).
Prison conditions remained poor. A lack of proper sanitation,
overcrowding, inadequate medical facilities, and poor diet were common
problems. The Government has not taken action to remedy these problems.
Unlike in previous years, there were no reports of deaths as a result
of disease in prisons during the year. Female prisoners were held
separately from male prisoners. Juveniles were not imprisoned; they
were returned to the custody of their parents. Pretrial detainees were
not held separately from convicted prisoners.
The Government permitted prison visits by independent observers,
and two such visits by the International Committee of the Red Cross
(ICRC) and the Association Comorienne des Droits de l'Homme (ACDH)
occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, some people
apprehended by the police were brought arbitrarily to military camps
instead of jails and in some cases held without charge for over 24
hours, contrary to the law.
After the August 2000 demonstrations against the Fomboni
Declaration, separatist authorities on Anjouan arrested and beat
numerous opposition supporters (see Section 1.c.). In September 2000, a
tribunal in Anjouan's capital, Mutsamudu, freed 3 of the approximately
100 persons arrested. After President Bacar of Anjouan Island was
elected in April, the remaining 97 supporters were released.
Two of President Azali's opponents who reportedly led a coup
attempt in 2000 were released from detention in May (see Section 3).
The Constitution prohibits forced exile, and the Government did not
use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in the past, the executive and other
elites exercised influence over court cases. The Head of State appoints
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 served as the High Court of the Republic
and ruled on cases of Constitutional law. Trials were open to the
public except for limited exceptions defined by law. The legal system
incorporates Islamic law as well as French legal codes. There were very
few lawyers in the country, making it difficult to obtain legal
representation. The military government did not provide legal counsel
to the accused. Most disputes were 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.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Bans on alcohol and immodest dress were enforced sporadically,
usually during religious months, such as Ramadan.
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 were two independent newspapers that published regularly.
These newspapers existed side-by-side with the semiofficial weekly Al-
Watwan. Some of the independent newspapers criticized the Government
freely.
There were two national radio stations: The Government-run radio
station, Radio Comoros; and the opposition radio station, Radio
Tropique. In addition there were at least 10 regional and local
stations, some of which were openly critical of the Government.
Residents also received broadcasts from Mayotte Radio, as well as from
French television, without government interference. In January a
national television station was completed. There were several private
local television stations, and satellite antennas were popular. Amateur
radio licenses were issued without restriction.
Foreign newspapers and books were available. Unrestricted Internet
service was available.
The Government did not restrict academic freedom. There was no
university, but secondary students and teachers continued to speak
freely and criticize the Government openly.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly, and the Government generally
respected this right in practice. However, in September police forcibly
dispersed students who were demonstrating for greater autonomy for
Grande Comore. At least eight of the demonstrators were injured.
The Constitution does not provide specifically for the freedom of
association; however, the Government generally respected this right in
practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the authorities infringed on this right.
Islam is the official religion. An overwhelming majority of the
population was Sunni Muslim, and the Government discouraged the
practice of religions other than Islam. The August 2000 Fomboni
Declaration included an agreement to make Islam the national religion.
Authorities restricted the right of Christians to practice their faith,
and police regularly threatened and sometimes detained practicing
Christians.
There were two Roman Catholic churches and one Protestant church;
however, the Government restricted the use of these Christian churches
to noncitizens. The Government permitted Christian missionaries to work
in local hospitals and schools but did not permit them to proselytize.
There were no reports of Christians being detained on Anjouan
during the year. Some community authorities on Anjouan banned
Christians from attending any community events and banned Christian
burials in a local cemetery.
There was widespread societal discrimination against Christians.
Christians faced 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 had
their Bibles taken by family members. Local government officials,
religious authorities, and family members attempted to force Christians
to attend services at mosques against their will.
Several times during the year, religious leaders on Anjouan and
Grande Comore threatened Christians during radio broadcasts and sermons
in mosques. Attempts have been made to isolate Christians from village
life.
Islamic fundamentalism grew in popularity as more students returned
to the country after studying Islamic subjects in foreign countries.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
During the year, there continued to be reports that persons fled
Grande Comore and Anjouan for Mayotte; many of these persons reportedly
drowned when they attempted to reach Mayotte on rafts or by swimming.
The Constitution does not provide for the granting of asylum or
refugee status in accordance with the 1951 U.N. Convention Relating to
the Status of Refugees and its 1967 Protocol, and the Government has
not formulated a policy regarding refugees, asylees, or first asylum;
however, the Government cooperated with the office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
assisting refugees. During the 1990's, refugees from central Africa
fled to the country. Some have received asylum in other countries;
approximately 10 of these refugees remained in the country, and they
were awaiting placement by the UNHCR in other countries 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 specifically for the right of citizens to
change their government in regularly scheduled elections, and in
practice they were allowed to do so in the April presidential
elections, which were characterized as free and fair by international
observers. Under the terms of the Constitution, a president will be
elected from a different island every 4 years, based on a rotating
schedule. In this year's elections, the primaries were held only on
Grande Comore, as the first president under the Constitution must be a
Grande Comorian. Three candidates advanced from the primary to the
general election in which President Azali was elected with
approximately 75 percent of the vote.
The country has been prone to coups and political insurrection
since its independence in 1975. In April 1999, army commander Colonel
Azali staged a bloodless coup and overthrew President Tadjiddine Ben
Said Massounde. In May 1999, Azali decreed a constitution that gave him
both executive and legislative powers. In December 1999, in response to
international criticism, Azali appointed a civilian prime minister,
Bianrifi Tarmidi; however, Azali remained the Head of State and army
Commander in Chief.
Also in August 2000, Azali and separatist leader Abeid signed the
Fomboni Declaration. The declaration called for the creation of a new
Comorian entity, in which the islands would share a common policy on
religion, nationality, currency, foreign relations, and defense. The
opposition parties initially refused to participate, but in December
2000, they met with the Azali government and the African Union (AU)
began mediating negotiations.
In response to pressure to restore civilian rule, the Government
organized several committees to draft a new constitution, including the
August 2000 National Congress and November 2000 Tripartite Commission.
The opposition parties initially refused to participate in the
Tripartite Commission, but in February 2001, representatives of the
Government, the Anjouan separatists, the political opposition, and
civil society organizations signed a ``Framework Accord for
Reconciliation in Comoros,'' brokered by the AU.
The Accord called for the creation of a new Tripartite Commission
for National Reconciliation to develop a ``New Comorian Entity'' with a
new Constitution. In August 2001, representatives from each island
debated a draft Constitution. In December 2001, the draft Constitution,
which called for the reincorporation of Anjouan, Grande Comoros, and
Moheli into a new federation that would grant the islands greater
autonomy, was approved overwhelmingly in a referendum described by
international observers as free and fair. Under the terms of the
Constitution, elections initially were set for March; however, Colonel
Azali delayed declaring his candidacy and the elections were postponed
until April. Each of the three islands that constituted the Union has a
separate elected President. An ongoing debate between the President of
the Union and the individual island presidents over the division of
powers between the competing presidencies was unresolved at year's end.
The Constitution provides that the Legislative Assembly will be
composed of 33 members. Of these, citizens will elect directly 18, and
the Government will appoint 15 (5 per island). Legislative Assembly
elections were scheduled for March 2003.
The Anjouan secession crisis subsided after the August 2000 signing
of the ``Fomboni Declaration of National Unity'' by Azali and
separatist leader Lieutenant Colonel Said Abeid. The Fomboni
Declaration provides for a loose confederation between the islands,
giving each island the ability to maintain an army and conduct its own
foreign relations. In August 2001, separatist soldiers, reportedly
dissatisfied with pay and promotions, started protests that led to the
overthrow of Abeid in Anjouan. A three-man military commission replaced
him as leader of Anjouan; Abeid fled to Mayotte. The new military
commission pledged to support the reconciliation process begun by the
February Accord. In November 2001, Abeid made an unsuccessful attempt
to regain control of Anjouan by attacking forces loyal to the new
military commission, but he quickly was defeated. The coup attempt did
not threaten the Fomboni Agreement.
In December 2001 on Moheli, the army defeated a coup attempt by 13
French mercenaries after several hours of fighting. Colonel Hassan
Harouna, a former defense official in the Government of former
President Abdoulkarim, was arrested in December 2001 and accused of
organizing the coup to derail the December 2001 referendum. He was
released in May.
In March 2000, dissident political and army elements attempted a
coup against Azali. This coup was suppressed, and the leaders of the
coup were detained. The two leaders were freed in May (see Section
1.d.).
There were no bans in effect on political parties, which continued
to criticize the Government openly and without penalty. There were 21
political parties in the country; 5 parties represented the Government,
and 16 parties represented the opposition.
Village chiefs and Muslim religious leaders tended to dominate
local politics. Traditional social, religious, and economic
institutions also affected the country's political life in important
ways.
There was one woman in the Cabinet. Two women hold senior
government positions: One was the President of the Tribunal of First
Instance, and the other was legal counsel to President Azali.
An overwhelming majority of the population was Sunni Muslim, and
all citizens, including the small number of Christians in the country,
identified themselves as Muslims for safety reasons (see Section 2.c.).
There were no Christians in the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international nongovernmental
organizations (NGOs) generally operated without government restriction,
investigating and publishing their findings on human rights cases.
Government officials generally were cooperative and responsive to their
views. However, the Comoros Human Rights Association, established in
1990, was not active during the year due to a lack of funds. In July
the newly formed Haki Association for Human Rights ran a series of
human rights seminars open to all persons.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on these factors;
however, there was discrimination against women.
Women.--Domestic violence against women occurred, but medical
authorities, the police, and women's groups believed that it was rare.
In theory a woman could seek protection through the courts in the case
of violence, but the problem was addressed most often within the
extended family or at the village level.
Prostitution is illegal, and most citizens did not consider it to
be a problem.
Men have the dominant role in society. A matriarchal tradition
afforded women some rights, especially in terms of landholding.
Societal discrimination against women was most apparent in rural areas
where women had farming and childrearing duties, with fewer
opportunities for education and wage employment. An improvement in the
status of women was most evident in the major towns, where growing
numbers of women were in the labor force and generally earned wages
comparable to those of men engaged in similar work; however, few women
held positions of responsibility in business. While legal
discrimination existed in some areas, in general inheritance and
property rights do not discriminate against women. For example, the
house that the father of the bride traditionally provides to the couple
at the time of their marriage remained her property in the event of
divorce.
Children.--The Government has not taken any specific action to
protect or promote children's welfare. Legal provisions that address
the rights and welfare of children were not enforced because of a lack
of inspectors.
Education was compulsory until the age of 10; however, attendance
was not enforced. An estimated 60 percent of children attended primary
school, while only 34 percent attended secondary school; 55 percent of
boys attended school, and 45 percent of girls attended school.
Child abuse was rare.
Child prostitution and child pornography are illegal. Unmarried
children under the age of 13 were considered minors, and they were
protected legally from sexual exploitation, prostitution, and
pornography.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services; however, there were no laws that mandate
access to buildings for persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to unionize, and the Government has not prevented industries from
unionizing. Farming on small land holdings, subsistence fishing, and
petty commerce make up the daily activity of most of the population.
The wage labor force was small, and numbered less than 7,000 including
government employees and less than 2,000 excluding them. Teachers,
civil servants, and dock workers were unionized. Unions were
independent of the Government.
The Labor Code, which was enforced rarely, does not include a
system for resolving labor disputes, and it does not prohibit antiunion
discrimination by employers.
There were no restrictions on unions joining federations or
affiliating with international bodies; however, none were known to do
so.
b. The Right to Organize and Bargain Collectively.--The law
protects workers from employer interference in their right to organize
and administer their unions. Unions have the right to bargain
collectively. Employers set wages in the small private sector, and the
Government, especially the Ministries of Finance and Labor, set them in
the larger public sector.
The Constitution provides for the right to strike, and the
Government generally respected this right in practice. In previous
years, government workers, teachers, and hospital workers held strikes
primarily because they were not paid for weeks at a time. During the
year, there were no reports of strikes on Anjouan or Moheli; however,
teachers held strikes on Grande Comore, which resulted in the closure
of schools for 1 week. In 2000, despite regulations that forbid the
removal of judges, Colonel Azali transferred to other duties nine
judges who had initiated a strike that called for judicial reform and
regular payment of salaries. There were no laws protecting strikers
from retribution, but there were no known instances of retribution.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor by adults; however, the Government
does not prohibit forced and bonded labor by children, and there were
some instances in which it occurred. Some families placed their
children in the homes of others where they worked long hours in
exchange for food or shelter. A 2000 UNICEF study found that
approximately 15 percent of children worked at jobs for which they were
not paid.
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 had few resources to enforce
this provision; however, child labor generally was not a problem due to
the general lack of wage employment opportunities. Children generally
worked for their families in the subsistence farming and fishing
sectors.
The Government has not ratified International Labor Organization
Convention 182 on the worst forms of child labor; however, the
Government adhered to its provisions in practice.
Forced or bonded labor by children occurred (see Section 6.c.).
e. Acceptable Conditions of Work.--There was no minimum wage. In
previous years, the Government paid workers late or failed to pay them
at all; however, during the year, government workers were paid more
regularly.
The Labor Code specifies a workweek of 37-and-a-half hours with 1
day off per week plus 1 month of paid vacation per year.
There were no safety or health standards for the very small
manufacturing sector.
The law protects legal foreign workers; however, there were no such
provisions in the law to protect illegal foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, there were no reports that persons were trafficked
to, from, or within the country.
__________
DEMOCRATIC REPUBLIC OF THE CONGO
The Democratic Republic of the Congo remained divided into
territory controlled by the Government and territories controlled by
several rebel factions, foreign troops, ethnic militias, and other
armed groups. President Joseph Kabila, who came to power in January
2001 after the assassination of his father Laurent Desire Kabila, ruled
by decree in the territory under government control. The Government
continued to operate without a constitution. The State formally was
highly centralized, although in practice the country's dilapidated
transportation and communications infrastructure impaired central
government control. The Government made progress in conforming to the
May 2001 law liberalizing political activity; however, security
services continued illegally to detain citizens, particularly members
of political groups considered by the Government to be a threat. The
judiciary continued to be subject to executive influence and
corruption.
The Government, which was supported until October by Zimbabwean
(ZDF) and Angolan (FAA) troops, controlled less than half of the
country. On December 17, members of the Government, key rebel factions,
political opposition, and civil society signed an all-inclusive
agreement to form a transitional government leading to elections. At
the end of the year, the parties were working under the auspices of
U.N. Special Envoy Moustapha Niasse to resolve key questions about
implementing this agreement.
On July 30, the Government and the Government of Rwanda signed the
Pretoria Accord, which called for withdrawal of Rwandan troops in
exchange for the demobilization of the Hutu rebels in the country. On
September 17, Rwandan troops began their withdrawal, which was formally
completed on October 5. On September 6, the Government and the
Government of Uganda signed the Luanda Accord, which called for the
withdrawal of Ugandan troops and the establishment of joint security
patrols along the country's border with Uganda. Zimbabwe, Burundi, and
Angola withdrew their remaining troops from the country by year's end;
Uganda had withdrawn all but 1,000 to 1,500 soldiers in the Bunia area.
The Government's security forces consisted of a national police
force under the Ministry of Interior, the National Intelligence Agency
(ANR), the Rapid Intervention Forces (PIR), the Special Group for
Presidential Security (GSSP), and the Congolese Armed Forces (FAC),
which included an Office for the Military Detection of Anti-Patriotic
Activities (DEMIAP). The immigration service, Direction Generale de
Migration (DGM), also functioned as a security force. The National
Security Council (CNS) was replaced by the Committee for State Security
(CSE), which as of June acted as a coordinating body for national
security rather than a security force. The People's Self Defense Forces
(FAP) and the People's Power Committees (CPP), created by former
President Laurent Kabila, continued to decline in significance. The
police force handled basic criminal cases. The ANR had responsibility
for internal and external security, including border security matters.
The FAC retained some residual police functions. Military police had
jurisdiction over armed forces personnel, but also had domestic
security responsibilities, including the patrolling of urban areas.
Security forces were poorly trained, poorly paid, and often
undisciplined. While civilian authorities generally maintained
effective control of the security forces, there were frequent instances
in which elements of the security forces acted independently of
government authority. The security forces committed numerous, serious
human rights abuses.
In government-held territory, the economy was dominated by
subsistence agriculture, a large informal sector, and widespread
barter; most sectors of the economy remained in decline. Production and
incomes remained low; however, gross domestic product (GDP) grew by 2.5
percent during the year, ending a decade-long decline. Physical
infrastructure was in serious disrepair, financial institutions
remained weak, and public education and health deteriorated.
Restrictions during most of the year on commercial travel on the Congo
River negatively affected the economy; however, in April commercial
traffic resumed on the Congo River between territory held by the
Government and territory held by the Ugandan-backed Movement for the
Liberation of the Congo (MLC). External economic assistance remained
limited. Government revenues from diamond exports, its leading source
of foreign exchange, increased slightly. Public sector employees,
including most soldiers, received very low salaries and sometimes were
not paid for months, which caused widespread hardship and contributed
to tensions within the armed forces and corruption in the civil
administration.
The Government's human rights record remained poor; although there
were improvements in some areas, serious problems remained. Citizens
did not have the right to change their government peacefully. The
security forces were responsible for unlawful killings, torture,
beatings, rape, extortion, and other abuses. In general security forces
committed these abuses with impunity. Prison conditions in hundreds of
small or regional detention facilities (both legal and illegal)
remained harsh and life threatening; however, conditions in some of the
larger, centralized prisons improved. Security forces continued to
arbitrarily arrest and detain citizens. Prolonged pretrial detention
remained a problem. The special military tribunal (COM) tried some
civilians for political offenses, although most cases were related to
the Kabila assassination or to alleged coup plotting against the Joseph
Kabila government. The judiciary continued to be underfunded,
inefficient, and corrupt. It largely was ineffective as a deterrent to
human rights abuses or as a corrective force. Security forces violated
citizens' rights to privacy. Unlike in previous years, there were no
reports of the forcible conscription of adults and children in
government-controlled territory, and the Government continued to
collaborate with the U.N. Children's Fund (UNICEF) to demobilize child
soldiers in the military. There were few reports that government forces
used excessive force and committed violations of international law in
the war; however, the Government continued to supply and coordinate
operations with Mai Mai and Hutu militias, who committed numerous,
serious abuses.
Harassment of journalists, human rights activists, and opposition
politicians continued in government-held territory. Security forces
continued to arbitrarily arrest and detain journalists and human rights
activists; however, a large number of private newspapers operated
freely and published criticism of the Government without interference.
The Government continued to restrict freedom of assembly and
association for some groups and used excessive force to disperse
demonstrations. The Government restricted the activities of some
opposition political parties. The Government continued to partially
restrict freedom of movement and continued to require exit visas;
however, unlike in the last year, the Government did not prevent
political opposition figures from traveling. The war continued to cause
large numbers of internally displaced persons (IDPs); however, most IDP
movements were in areas not under the control of the Government. The
Government harassed and imprisoned some members of nongovernmental
organizations (NGOs); however, there were fewer cases than in previous
years and most groups were allowed to operate freely. Violence against
women was a problem and rarely was punished. Female genital mutilation
(FGM) persisted among isolated populations in the north. Child
prostitution was a problem. Discrimination against indigenous Pygmies
and societal violence and discrimination against members of the Tutsi
ethnic minority continued; however, the Government continued to protect
Tutsis in government-controlled territory who were at risk. The
Government restricted worker rights. Child labor remained a problem.
Unlike previous years, there were no reports of mob violence in
government-controlled territory. Trafficking was a problem.
There were numerous reports that Mai-Mai groups and Hutu militias
in the eastern part of the country committed serious abuses, including
killings, rapes, torture, and kidnaping of civilians.
Rebel factions backed by the Governments of Rwanda and Uganda,
foreign troops, ethnic militias, and other armed groups continued to
control more than half of the country during the year. Significant
numbers of Rwandan (RDF) and Ugandan (UPDF) troops remained in the
country for most of the year. Between September 17 and October 5, RDF
troops withdrew completely from the country; however, U.N. Peace
Observation Mission in Congo (MONUC) reported that in November some RDF
troops returned briefly to Idjwi Island, and there were continued,
unconfirmed reports that RDF military advisors remained integrated with
RCD/G and Union of Congolese Patriots (UPC) forces. Between 1,000 and
1,500 UPDF troops remained in the northeast part of the country by
year's end. The largest rebel groups were the Rwandan-backed Congolese
Rally for Democracy based in Goma (RCD/G), the MLC, and the Ugandan-
backed Congolese Rally for Democracy based in Bunia (RCD/ML). The RCD/G
remained dominated by members of the Tutsi ethnic minority; Adolphe
Onusumba, a Kasaian, remained RCD/G president. The MLC remained
dominated by former Mobutu supporters from the Equateur Province; Jean-
Pierre Bemba remained MLC president. The RCD/ML commanded fewer troops
than either the RCD/G or the MLC; Mbusa Nyamwisi remained RCD/ML
president. Two smaller rebel factions emerged this year: The RCD/
National (RCD/N), led by Roger Lumbala and backed by Uganda and the
MLC; and the RCD/Originale (RCD/O), led by Felix Mumbere and backed by
Uganda. In the Ituri region of the northeast, two tribally-based armed
groups emerged during the year: The Lendu-dominated Patriotic Army of
the Congo (APC), supported by the RCD/ML; and the Hema-dominated UPC,
led by Tomas Lubanga and supported by the Governments of Uganda and
Rwanda. In the areas under the control of rebel factions, foreign
troops, and armed groups, there continued to be no effective rule of
law or functional civil administration. The rebel factions and foreign
troops severely restricted political freedom and did not tolerate
political opposition or civil society activity critical of their rule.
The judiciary, though largely nonfunctional, continued to be controlled
and manipulated by the ruling authorities and subject to corruption.
In areas under the control of rebel factions and foreign troops,
the security services were dominated by the military of each group.
Although the RCD/G, MLC, and RCD/ML maintained police forces in name,
there was little distinction between the jurisdiction of the police and
the military, and in practice the police were subordinate to military
command. Security services and soldiers of the rebel factions were
poorly trained and generally unpaid, and security services and soldiers
routinely extorted money, goods, and services from the local
population. In areas controlled by Hutu militias, Mai Mai, ethnically-
based militias, or other armed groups, there were no organized security
services; those with weapons controlled the population and extorted
money, goods, and services. While the civilian authorities in the
Governments of Rwanda and Uganda generally maintained effective control
over their respective troops, civilian authorities of the rebel
factions did not maintain effective control over their troops and
security services. Rebel soldiers and security services sometimes
obeyed orders from their civilian authorities, sometimes received
orders directly from foreign troops or governments, and sometimes acted
independently. Foreign troops, rebel troops and their security
services, and members of other armed groups committed numerous, serious
human rights abuses.
In areas outside of government control, the economy was dominated
by subsistence agriculture, a large informal sector, widespread barter,
and non-regulated mineral exploitation. Areas controlled by foreign
troops and rebel factions continued to be integrated financially and
economically with the economies of Rwanda and Uganda. RCD/G soldiers
frequently obstructed trade and impeded commercial travel on the Congo
River. The largely nonfunctional and insolvent public sector did not
provide even basic services, although the rebel factions continued to
levy taxes on the local population. Public sector employees and
soldiers were generally unpaid, which caused widespread hardship and
contributed to extortion of the population by the armed forces.
Although most Rwandan and Ugandan troops had left the country by
October, the economy had not been integrated with government-controlled
areas by year's end.
The human rights record in areas not under government control
remained extremely poor, and rebel authorities continued to commit
numerous, serious abuses, particularly in the eastern part of the
country and in the Ituri area. Rebel forces, foreign troops, Mai-Mai
forces, Hutu militias, and other armed groups committed numerous,
serious abuses with impunity against civilians, including deliberate,
large-scale killings, cannibalism, burning of entire villages,
disappearances, torture, rape, dismemberment, mutilation, extortion,
robbery, arbitrary arrests and detention, harassment of human rights
workers and journalists, and forcible recruitment of child soldiers.
Rebel security forces and foreign troops continued to use excessive
force, and Rwandan forces bombed civilian populations. Rebel groups and
foreign troops severely restricted freedom of speech, assembly, and
association in areas under their control, and respect for religious
freedom remained poor. There were attacks against local and
international NGOs in rebel-held areas, and some NGO personnel were
killed. Forcible conscription of adults and children continued in
rebel-controlled territories. Violence against women and rape were
severe problems and occurred with impunity. Discrimination against
women and indigenous Pygmies were problems. Combatants abducted women
and children and forced them to perform labor, military services, and
sexual services. Ethnically-based mob violence resulted in thousands of
deaths. Trafficking, including child prostitution, was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--In areas under
government control, security forces committed numerous unlawful
killings with impunity and in some cases beat or tortured detainees to
death. The Government also materially supported Mai Mai and Hutu
groups, some of whom were believed to be responsible for killing
civilians.
On March 15, the COM began trying Eddy Kapend, FAC General Yav
Nawej, and approximately 130 other persons in connection with the
January 2001 assassination of former President Laurent Kabila, the
executions of 11 Lebanese and other persons following the
assassination, and the 2000 coup plot let be Anselme Masasu (see
Section 1.e.). The Commission of Inquiry, established by the Government
in February 2001 to identify and prosecute those involved in the
assassination, did not release its results by year's end. The
defendants remained in custody at year's end. There reportedly was no
action taken against members of the security forces responsible for
numerous other killings in 2001.
There were reports that persons died from torture. For example, on
May 15, DEMIAP agents arrested Dominique Weleme Konzo and his brother,
Doudou Gbe Gbolo, on charges of counterfeiting foreign currency. The
two detainees were taken to military Camp Kokolo, where Weleme was
tortured to induce him to pay the wife of an employee of the Congolese
Control Office. On June 24, Weleme died from his injuries at the Camp
Kokolo hospital; on June 26, his brother was released. No known action
was taken against those responsible for the abuse.
On July 24, policemen interrogated and tortured Desire Shungu
Lyadunga at his home in connection with a diamond transaction. The
police reportedly took this action on behalf of a foreign businessman,
whose office was located in police headquarters and who used his police
contacts to have Lyadunga arrested. Following Lyadunga's release,
neighbors took him to the Bondeko Clinic, where he died a few hours
later.
Unlike in the previous year, there were no reports that security
forces killed street children.
In October Amnesty International reported that government-hired
security guards and Zimbabwean soldiers who guarded parastatal mining
concessions in Katanga province shot and killed numerous individuals
who entered the mining concession illegally. While some of the
intruders were armed, others were not and should have been arrested
rather than shot. After the release of the report, the Government
permitted the U.N. High Commission for Human Rights office in Kinshasa
to conduct human rights training seminars in Katanga for members of the
police and ANR.
Unlike in the previous year, there were no reports of summary
executions.
Unlike in the previous year, government military tribunals did not
sentence to death any civilians or soldiers.
There reportedly was no action taken against the members of the
security forces responsible for numerous other killings in 2000.
On February 14, the International Court of Justice in Belgium
granted immunity from prosecution to former Foreign Minister Yerodia
Abdoulaye, who was accused of inciting the population to kill ethnic
Tutsis. Ruling in support of the Government, the Court noted that
Yerodia was an acting minister in 1998 and thus had immunity from such
warrants.
Harsh prison conditions and abuse, particularly in small, local
detention facilities (both legal and illegal), resulted in an
undetermined number of deaths in prisons (see Section 1.c.).
Unlike in the previous year, there were no reports of civilian
deaths from landmines in government-controlled territory.
There were several reports that unidentified armed men in police or
military uniforms robbed, looted, and killed civilians during the year.
Those responsible, who were believed to be deserters from the military
or the police, generally acted independently; no action was taken
against any of the perpetrators by year's end. For example, on March
10, armed men in military uniform shot and killed Tonny Peti-Pani after
they attempted to steal his and his wife's identity card. On June 8, a
group of armed men in uniform shot M. Mudimuna when he resisted their
attempts to steal his cellular phone; on June 24, Mudimuna died from
his injuries. On June 12, armed men in FAC uniforms reportedly entered
the compound of university professor Fraterne Lokota, questioned him
briefly on an unknown subject, and shot him six times; the professor
died of his injuries that night.
Mai Mai forces and Hutu militias continued to kill many civilians,
sometimes after torturing them, in areas of government-controlled
territory where they operated. Some Mai Mai and Hutu groups continued
to receive material support from the Government during most of the
year. Due to the number and decentralization of these groups, it was
difficult to determine whether the specific groups who received support
from the Government were responsible for human rights abuses. However,
the Government took no known action to ensure that groups it assisted
respected human rights or to criticize or punish those who did not.
In areas not under government control, rebel forces, foreign
troops, Mai-Mai forces, Hutu militias, and other armed groups committed
numerous abuses, including civilian massacres, acts of cannibalism,
looting and burning of houses, attacks and aerial bombings of civilian
areas, forcible recruitment of child soldiers, and rape (see Section
1.g.).
RCD/G and RDF forces, which remained deeply unpopular throughout
the eastern part of the country, also killed numerous community
leaders, including traditional chiefs, professors, clergy, NGO leaders,
and journalists reportedly to intimidate the population and control
local dissent; the RCD/G and RDF also killed, beat, tortured, and
arbitrarily arrested numerous persons (see Section 1.c.).
For example, on February 21, RCD/G soldiers arrested and severely
tortured 60-year-old Mahindule Mirimo Weteshe at the improvised jail of
Ndosho in Goma. He was accused of collaborating with the Mai Mai; a
local NGO believed he originally may have been mistaken for Mai Mai
Commander Akilimali. On April 16, he was released and died from torture
wounds the same night.
On May 24, RCD/G and RDF soldiers killed Pierre Ruyange, president
of the Hutu Community of North Kivu and influential member of the
United Front for Non-Armed Opposition (FRUONAR), and his bodyguards in
an ambush at an RCD/RDF road barricade between Goma and Sake.
International observers believed Ruyange may have been killed to warn
Hutus in North Kivu and to discourage Hutu militias from cooperating
with MONUC disarmament efforts.
Elements of RCD/G and RDF militaries killed numerous civilians
while robbing, looting, or raping them. For example, on January 27, an
RDF soldier in Kindu attempted to rape a woman, whose brother summoned
an RCD/G policeman for help. The RDF soldier shot the brother and the
policeman, who died of his wounds.
Following an October 25 coup attempt in the Central African
Republic (CAR), MLC soldiers sent to the CAR to assist the Government
committed extrajudicial killings of civilians, raped women and girls,
and looted hundreds of homes and businesses (see Section 1.c.).
In the Ituri district of Orientale Province, which was controlled
by UPDF troops, RCD/ML rebel forces, and ethnically-based militias,
fighting between members of the Lendu and Hema ethnic groups (and other
smaller tribes allied with either the Lendu or the Hema) resulted in
thousands of civilian deaths and the displacement of more than 500,000
persons. UPDF and rebel factions have armed both groups and manipulated
ethnic tensions resulting from long-standing land disputes and colonial
favoritism to the Hema. There were no reports of any action taken
against the responsible parties.
On August 6, the Hema UPC militia took control of Bunia, which
previously had been inhabited by a mixture of Hema, Lendu, and other
tribes, and attempted to ``ethnically cleanse'' the city of its Lendu
residents. The UPC separated the city into Hema and Lendu
neighborhoods, killed numerous Lendu, broadcast ethnically-charged
reports from Radio Cadnip, and chased many Lendu and Ngiti, a Lendu-
affiliated group, into the surrounding bush. In reprisal members of
Lendu-allied tribes killed 75 Hema women and children.
In early September, numerous civilians were killed during a UPC
raid on several villages outside the Ngiti town of Nyakunde. Several
days later, the Ngiti tribe, led by Colonel Kandro, carried out a
retaliatory massacre in Nyakunde that resulted in the killing of
approximately 1,000 civilians. The perpetrators killed Hema, Gegere,
and Biri civilians, including patients in hospital beds and women in
labor. Kandro's forces also rounded up and stripped approximately 120
men, women, and children, locked them in a large house, and denied them
food and water. As the detainees began to die, the captors burned the
bodies or threw them into an open latrine.
On October 7, a donor group discovered the mutilated bodies of
1,200 civilians, including babies, in a hospital in Bunia; the killings
were believed to be a result of the Hema-Lendu conflict.
In November unknown assailants killed Joseph Eneko, a leading
moderate in Ituri, and eight of his bodyguards on the road between
Mahagi and Bunia. No investigation or action had been taken by local
authorities by year's end.
On December 6, Burundian rebels reportedly cut the throats of
approximately 30 civilians in Uvira in response to an RCD/G attack on
their forces the previous day.
In August the Ugandan government released the results of its
investigation into the April 2001 killings in Ituri district of six
employees of the International Committee of the Red Cross (ICRC) (see
Section 4).
There were no developments in the 2001 and 2000 ethnic massacres
and killings.
Unlike in the previous year, there were no reports that mobs
lynched hundreds of suspected sorcerers, and there were no developments
in 2001 and 2000 cases of persons involved in such killings.
b. Disappearance.--Unlike in the previous year, there were no
reported cases of disappearance in government-controlled territory;
however, security forces regularly held alleged suspects in detention
for varying periods of time before acknowledging that they were in
custody or allowing the detainees to have contact with family or
friends.
Mai Mai forces and Hutu militias kidnaped many civilians, many of
whom disappeared, in areas in which they operated.
In areas not under government control, there were numerous cases of
disappearances and kidnapings. For example, on April 4, RCD/G soldiers
in Uvira apprehended Pastors Rusingizwa Bitebetebe and Mugaju Ruterera
of the Free Methodist Church of Mushimbake in South Kivu and accused
them of being sympathetic to Commander Masunzu, who led a Banyamulenge-
backed revolt in January against the RDF in the High Plateau (see
Section 1.g.). The pastors reportedly were imprisoned and have not been
heard from since, despite the efforts of local human rights NGOs to
locate them.
There were numerous credible reports that RDF forces seized and
transferred to Rwanda numerous Banyamulenge prisoners following the
revolt of Banyamulenge Commander Masunzu. Several hundred RCD/G
soldiers suspected of sympathizing with the revolt were disarmed and
sent to Rwanda in mid-May for forced retraining. There have been no
further reports about these soldiers; many presume they were killed or
remained in secret detention in Rwandan military camps or prisons.
On April 23 and 24, the RDF arrested nine senior Banyamulenge
commanders in the RCD/G who refused to fight against Masunzu and his
followers. The RDF flew these commanders from Minembwe, South Kivu, to
the Kamembe Military Camp in the Cyangugu prefecture of Rwanda. On May
1, a relative of one of the commanders saw the group at the Kamembe
camp and reported that the commanders had been tortured severely and
beaten; on May 2, the relative was told that the commanders ``were no
more,'' and they have not been seen since. On May 3, the RDF took 14
other Banyamulenge soldiers to the Kamembe camp; none of the soldiers
has been heard from since.
There continued to be reports that RDF troops, RCD/G troops, Mai
Mai, and Hutu militias abducted women and children from the villages
they raided to perform labor, military services, and sexual services
(see Section 1.f.). Many of the victims disappeared and have not been
heard from since.
There were no developments in any of the numerous cases of
disappearance in 2001 and 2000, nor has any action been taken against
the responsible rebel perpetrators.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--In territory under government control, the law forbids
torture; however, security forces and prison officials used torture and
often beat detainees in the process of arresting or interrogating them.
The Government has not responded to charges of inmate abuse and
repeated beatings by its security forces and prison officials. Some
members of the police, military, and security forces also raped,
robbed, and extorted money from civilians. The Government prosecuted
and disciplined some of the abusers; however, others acted with
impunity.
In some cases, members of the security services tortured or abused
civilians to settle personal scores for themselves or other members of
the Government (see Section 1.a.). For example, on May 3, ANR agents
under orders from Security Minister Mwenze Kongolo arrested, severely
beat, and burned with cigarettes five employees of the National
Transportation Office (ONATRA). The employees were accused of attacking
the life of Minister of Security Mwenze Kongolo because the speedboat
in which they were taking him across the river to the Republic of the
Congo ran out of gas.
On May 18, FAC soldiers manning a barricade at the Marble Palace
stopped the vehicle of Zico Kikufu on the pretext that he passed a taxi
illegally. The soldiers demanded that he give them money and beat him
when he refused; the soldiers also stole his cellular phone.
Security forces harassed, beat, and possibly tortured some
journalists (see Section 2.a.).
Soldiers and police continued to harass street children in Kinshasa
(see Section 5). There were credible reports that members of the police
and military raped homeless girls.
On March 24, unidentified FAC soldiers raped and robbed university
student M. Mbempa.
Police and security forces used excessive force to disperse
demonstrations (see Section 2.b.).
There was no known action taken against the members of the security
forces responsible for the other numerous cases of torture or abuse in
2001 and 2000.
There were reports that Mai Mai forces and Hutu militias tortured,
raped, and otherwise physically abused persons in areas in which they
operated (see Section 1.d.).
The Government operated several hundred legal places of detention
in the territory under its control. In major cities, the Government
typically operated a large central prison facility and numerous, small,
local detention facilities in police stations, court buildings,
military bases, and neighborhoods of larger cities. Small local prisons
were generally intended for short-term pretrial detentions; however, in
practice they were used for lengthy detentions without due process.
The conditions in most of the large, central prisons were harsh;
however, unlike in the previous year, they no longer were life
threatening. The penal system continued to suffer from severe shortages
of funds and trained personnel; however, the Government made efforts to
improve the management and conditions of prison facilities,
particularly at Kinshasa's main central prison, the Makala National
Penitentiary and Reeducation Center (CPMK). From August 12 to 13, the
Government conducted a workshop to train administrators at Makala
prison and Rusuru prison in Bas-Congo. During the year, the ICRC worked
with the Government to rehabilitate some showers and toilets in Makala
prison, and other NGOs provided prisoners with mattresses and straw
mats. Although health care and medical attention remained inadequate, a
prison doctor was available and there were fewer reported cases of
widespread infectious diseases. The Government continued to provide
inadequate food, and prisoners remained dependent on the personal
resources of family or friends; however, families were allowed to bring
food and other necessities to prisoners during regular visiting hours 3
days a week. Guards demanded bribes and stole food from prisoners;
however, there were fewer reports of such incidents than in the
previous year. Prisoners continued to bribe guards to receive better
treatment or to get out of work details. Makala remained overcrowded;
however, unlike in the previous year, there were no reports that
prisoners were forced into small cells with room only to stand. There
were reports that guards permitted some prisoners to leave the prison
temporarily to buy food and toiletries for themselves and other
prisoners.
Conditions in the small, local prisons remained harsh and life
threatening. There usually were no toilets, mattresses, or medical
care; light, air, and water often were insufficient. Authorities often
beat or tortured detainees. Such prisons generally operated without a
budget and with minimal government regulation or oversight. Local
prison authorities or influential individuals frequently barred
visitors or severely mistreated particular detainees. Petty corruption
was common, and prison guards frequently required bribes from family
members or NGOs to visit or provide a detainee with food and other
necessities.
Local NGOs reported that 146 persons died at Makala central prison
during the year, 24 of whom died after being transferred to the prison
from the custody of the Provincial Inspection of Kinshasa (IPK) and the
PIR, where they were beaten severely; most of the remaining detainees
died from malnourishment and illness.
Women and juveniles generally were detained separately from men.
Pretrial detainees were not separated from convicted prisoners. The
Government continued to detain soldiers in civilian prisons.
The security services, especially ANR and DEMIAP, continued to
operate numerous illegal detention facilities, despite the March 2001
presidential decree to close all such facilities; however, the GLM
detention center, where many of the assassination suspects were
tortured and abused, remained closed. Prison conditions remained harsh
and life threatening. Prisoners systematically were abused, beaten, and
tortured. Facilities lacked adequate food and water, toilets,
mattresses, and medical care, and authorities routinely denied access
to family members, friends, and lawyers.
Unlike in the previous year, the ICRC and many NGOs were permitted
access to all official detention facilities. However, the Government
did not allow the ICRC or other NGOs to visit the illegal detention
facilities maintained by the security services, where many detainees
were held, questioned, and frequently subjected to abuse.
The ICRC, as well as local NGOs, were allowed to visit prisoner of
war (POWs) held in official detention centers. The ICRC and other
international observers regularly visited a facility in Kinshasa where
the Government provided shelter to Tutsis for their own protection (see
Section 5).
In areas not under government control, rebel groups and foreign
troops tortured, raped, and otherwise physically abused numerous
persons during the year with impunity. RCD/G and RDF forces were
responsible for numerous cases of beatings and torture that resulted in
death (see Sections 1.a. and 1.g.). Rebel and foreign groups beat,
tortured, and abused political figures, journalists, and community
leaders while arresting or detaining them. Numerous cases of torture
and abuse were unreported because these groups, particularly the RCD/G
and RDF, denied access to NGOs.
At the military jail at Ndosho, outside Goma, RDF and RCD/G forces
reportedly imprisoned individuals during the year in two small metal
freight containers that had no openings for air or light. During the
week of January 10 to 17, 35 civilians were detained in one of the
containers and numerous military personnel were held in the other;
several detainees died from injuries inflicted during torture.
Following a March grenade attack in Goma by unknown assailants, RCD/G
authorities in May and June arrested numerous individuals for political
reasons, charged them with the attack, and held them in the containers,
where they were beaten and tortured. After the RDF withdrawal in
October, the arrestees, who included Zelote Farini Luendo Shandwe,
Elias Nguru, Janvier Mugerangabo, Alphonse Munamire, Mathe Sikuli
Vasaka, and Simon Salumu were transferred to the DGS detention
facility, where they were remained under detention at year's end
without charge and with limited access to family members and human
rights NGOs.
During the RCD/G response to the May 14 to 15 mutiny attempt in
Kisangani (see Section 1.g.), RCD/G soldiers reportedly held RCD/G
police and alleged Mai Mai at the airport in overcrowded shipping
containers; an undetermined number of detainees reportedly died of
suffocation, dehydration, or exhaustion after RCD/G troops sealed them
inside without ventilation, food, or water.
Rebel and foreign groups, particularly the RCD/G and RDF, kidnaped,
raped, and tortured numerous women (see Section 1.g.).
RCD/G and RDF military and police violently dispersed
demonstrations (see Section 2.b.).
Rebel forces and foreign troops, particularly the RCD/G and RDF,
were responsible for systematic, non-lethal conflict abuses, including
aerial bombardment of civilian populated areas (see Section 1.g.).
No known action was taken against responsible members of the RCD/G
or RDF in any of the 2001 or 2000 cases of torture, beatings, or rape.
Following an October 25 coup attempt in the CAR, CAR President Ange
Felix Patasse asked MLC president Bemba for support against the rebels.
Bemba sent approximately 1,500 MLC troops to the CAR, where they
committed a number of extrajudicial killings of civilians, raped many
women and girls, and looted hundreds of houses and businesses. The MLC
troops remained in the CAR at year's end.
Prison conditions in areas outside of government control were
extremely harsh and life threatening. Most detention facilities were
not designed for the purpose, and detainees often were kept in
overcrowded rooms with little or no light or ventilation. Detainees
typically slept on cement or dirt floors without bedding and had no
access to sanitation, potable water, toilets, or adequate medical care.
Tuberculosis, red diarrhea, and other infectious diseases were
widespread. Little or no food was provided to detainees, and guards
demanded bribes to allow family members or friends to bring food to
prisoners. Prisoners frequently were subjected to torture, beatings,
and other abuse with no medical attention. There were numerous credible
reports that rebel forces and foreign troops beat or tortured prisoners
and then released them to their families just in time for them to die
(see Section 1.a.).
There continued to be reports that RCD/G and RDF forces frequently
used the private residences of Rwandan or rebel military commanders for
incarcerations. Reports from former detainees indicated a pattern of
beatings, undernourishment, and deliberate killings in these houses.
Human rights NGOs, family members, and lawyers were systematically
denied access to detention facilities by RCD/G and RDF authorities.
d. Arbitrary Arrest, Detention, or Exile.--In government-controlled
territory, 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 was empowered to authorize arrest. This status
also was vested in senior officers of the security services. The law
requires that detainees 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
continued to arbitrarily arrest and detain citizens, including several
NGO leaders and journalists (see Section 2.a.). Charges rarely were
filed in a timely manner, and the legal basis for such detentions often
was obscure. When the authorities did press charges, the claims filed
often were contrived or overly vague.
Unlike in the previous year, there were no reports of jails run by
the Office of the President.
Detention without charge continued to be a problem, and security
forces used the pretext of state security to arbitrarily arrest
individuals linked to groups considered a threat by the Government.
Groups particularly targeted included the opposition political party
Union for Democracy and Social Progress (UDPS), which in April formed
an alliance with the RCD/G and briefly discussed forming an armed wing;
associates of Katebe Katoto, who reportedly attempted to buy the
support of government troops and police in Katanga and in April formed
an alliance with the RCD/G; individuals allegedly connected to the
assassination of former President Laurent Kabila; and some ex-Zairian
Armed Forces (FAZ) soldiers and civilians associated with the MLC.
Individuals arrested and detained in the name of state security
frequently were held without legal charge, presentation of evidence,
access to a lawyer, or due process. Security services frequently
exhibited an attitude of guilty until proven innocent and showed
extreme reluctance to release individuals they had detained illegally,
even after protests from NGOs and the international community. In
several of the cases in which individuals were arrested or detained for
allegedly threatening state security, evidence suggested the arrest was
made to settle a personal score for a government official or member of
the security services.
On January 11, national police arrested Justin Nindaga and detained
him at the jail of Kinshasa's Provincial Inspection. Nindaga was the
older brother of Commandant Anselme Masasu Nindaga, who was executed in
2000 after being convicted of coup plotting by an ad hoc military
tribunal in Katanga. No charges were filed against Nindaga, who
remained in detention at year's end.
On February 23, NGO lawyer Willy Wenga was arrested by COM security
forces and interrogated, but not formally charged, in connection with
several telephone calls to and from Major Bora, a prime suspect in the
Kabila assassination, who fled the country in 2001. Wenga remained in
detention at year's end; no trial date had been scheduled.
On April 19, human rights activist N'Sii Luanda was rearrested by
COM order as part of an investigation into the activities of Michel
Bisimwa, who lived with Luanda and had been charged with having ties to
the RCD/G. Luanda was detained for several days at the COM detention
facility, then transferred to Makala prison. Despite a doctor's
attestation, Luanda was denied appropriate medical attention between
June 12 and September 20; on September 24, he was transferred to a
clinic for an emergency appendectomy. Luanda remained in detention at
the clinic at year's end; no trial date had been scheduled.
On May 12, ANR officers in Katanga arrested UDPS Economic Advisor
Jean-Baptiste Mulumba for instigating a briefly discussed UDPS armed
wing, planning an attack on Lubumbashi and Mbuji-Mayi, and spying for
the RCD and Rwanda. DEMIAP officers also reportedly closed and occupied
Mulumba's office, confiscated his wife's car, and detained and sued his
secretary. On July 27, Mulumba was released for insufficient evidence;
however, on August 14, DEMIAP agents rearrested Mulumba, who remained
in detention at year's end.
Police violently dispersed demonstrations and arrested
demonstrators (see Section 2.b.).
Pretrial detention was prolonged systematically. Human Rights NGOs
reported that less than 20 percent of the inmates at Makala prison had
been charged or sentenced. On March 12, the Government filed charges
against approximately 130 persons, primarily military and police,
detained in 2001 in connection with the Kabila assassination and the
2000 coup plot led by Anselme Masasu (see Section 1.e.).
President Joseph Kabila issued several decrees during the year to
commute sentences and release some military and civilian prisoners,
many of whom likely served time without a fair trial or due process.
However, NGOs reported that these pardons only were implemented
partially and that only 72 of the 220 qualifying prisoners at Makala
actually were released.
On January 21, UDPS members Modeste Sadiki Lutombo, J.B. Bomanza,
J.S. Mwampata, Roger Kakonge, and Augustin Kadima Tshikala, who were
arrested in December 2001, were released.
There were no developments in the cases of arbitrary arrest and
detention in 2001 and 2000.
Unlike in the previous year, the Government did not hold any POWs.
The law prohibits forced exile; however, on September 26, the
Government declared persona non grata 20 leaders of the Democratic
Forces for the Liberation of Rwanda (FDLR) and expelled them to the
Republic of the Congo, which refused to admit 8 of the 20 and returned
them to Kinshasa. On October 30, security forces returned the eight to
Rwanda. In October the Government detained in Kinshasa an additional 19
officials from the FDLR and the Army for the Liberation of Rwanda
(ALIR); the 19 remained in custody at year's end (see Section 2.d.).
In areas not under government control, rebel forces and foreign
troops were responsible for a systematic pattern of arbitrary arrests
and detentions. RCD/G and RDF forces frequently shuffled prisoners
among different cities under their control or transported them to
Rwanda, which prevented family members or NGOs from monitoring them.
RCD/G and RDF forces frequently detained prisoners under extremely
harsh conditions in the private residences of Rwandan or rebel military
commanders (see Section 1.c.).
RCD/G forces arrested and detained numerous citizens in connection
with the May 14 to 15 massacres in Kisangani (see Section 1.g.); many
of those detained remained imprisoned without charge at year's end.
During the year, RCD/G and RDF soldiers arrested Banyamulenge
military and civilians whom they suspected of supporting Banyamulenge
Commander Masunzu (see Section 1.g.). Seven Banyamulenge, who in
January were arrested in Bujumbura, were transferred to Goma and
remained in detention at year's end. In July RCD/G Security Chief
Bizima Karaha traveled to Uvira to persuade the Banyamulenge community
to withdraw its support for Commander Masunzu. Between July 7 and 26,
26 Banyamulenge community leaders and civilians who refused to abandon
Commander Masunzu were arrested. Some of those arrested were released
within a few days, some remained unaccounted for, and five were
transferred to Goma, where they were held at the DGS detention center
without medical care or access to families or lawyers. Of the five
transferred to Goma, four were released in December; the fifth, Rugeza
Ntavumburwa, reportedly was tortured and remained in custody at year's
end. On August 24, an additional four Banyamulenge were arrested and
subsequently transferred to the DGM, where they remained in detention
at year's end.
On September 13, RCD/G soldiers led by Commander Pipo arrested four
staff members of the Goma Volcanic Observatory (GVO), an organization
that monitors volcanic activity in Mount Nyiragongo, which erupted in
Goma in January. Those imprisoned, including volcanologists Kavotha
Kalendi Sadaka and Mavonga Tuluka, technical assistant Matthieu Yalire
Mapendano, and driver Innocent Zirilane, were accused of distributing
anti-RCD/Rwanda leaflets in Goma and were beaten severely; two were
transferred to the hospital due to complications resulting from the
beating. When it was discovered that the volcanologists had been
falsely accused and set up by W. Mifundu, the brother of Commander Pipo
and a former GVO employee, RCD/G authorities arrested Commander Pipo on
September 26 in Bukavu and brought him to Goma. However, during the
week of September 30, Commander Pipo was released, and RCD/G soldiers
reportedly beat and fired the commander who had brought Pipo back from
Bukavu. After strong international pressure, the RCD/G on October 9
transferred control of the case to Justice Minister Nyarugabo, who
released the four GVO employees several days later. The RCD/G had taken
no known further action to investigate or punish Commander Pipo or his
brother Mifundu by year's end.
On May 30, the RCD/G declared persona non grata MONUC's chief human
rights officer in Kisangani for ``not respecting RCD/G authority.'' On
June 1, the RCD/G took the same action against a senior MONUC political
officer and a U.N. security official working in Goma; the two
individuals were accused of helping plot a grenade attack and aiding
pro-Kinshasa militias. All three officials subsequently left the
country. RCD/G president Onusumba also charged Special Representative
of the U.N. Secretary General Amos Ngongi with bias and banned him from
RCD/G-held territory; however, in September Ngongi was permitted to
resume his visits to the area. On December 26, RCD/G security agents
arrested Nande community president Pierre Georges Fataki Luhindi, who
had written a letter to the governor of North Kivu protesting the
creation of primarily Hutu armed local defense forces, who were
attacking the Nande community. Luhindi, who has held at the DSG
detention facility, was released on December 31.
No reported action was taken against the RCD/G forces responsible
for the October 2001 detention and severe beating of Jules Nteba
Mbakumba, president of adult education NGO Association Elimu.
There were no reported developments in any of the 2000 cases of
arbitrary arrest and detention by RCD forces.
On August 29, outside Bunia, UPC members took hostage government
Minister of Human Rights Ntumba Luaba, his assistant, and a local
journalist accompanying them. The UPC demanded the release of nine UPC
members detained in Kinshasa in exchange for the release of the
Minister and his companions. On September 1, the Government flew the 9
UPC members to Bunia; the UPC subsequently released the Minister and
his companions.
e. Denial of Fair Public Trial.--In government-controlled
territory, the law provides for an independent judiciary; however, in
practice the judiciary frequently was influenced by the executive
branch. The judiciary continued to be ineffective and corrupt; however,
on April 20, President Kabila issued an executive order replacing
several hundred judges. Although the Government did not cite officially
corruption in the reasons for the shuffle, several judges known to be
corrupt were removed. In July a system of commercial courts,
established to reduce judicial corruption, became operational. On
October 12, the Government established the Permanent Commission for
Reform of Congolese Law (CPRDC), a technical body under the Justice
Ministry mandated to review and propose reform of the law and judicial
system. The civil judiciary, including lower courts, appellate courts,
the Supreme Court, and the Court of State Security, continued to be
largely dysfunctional.
Civil and criminal codes were 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 often did not respect these rights
in practice. Defendants had 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, except
those cases adjudicated by the special military tribunals, whose
jurisdiction is 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. In
practice the Government often did not respect fully these provisions.
Corruption remained pervasive, particularly among magistrates, who were
paid very poorly and only intermittently. The system remained hobbled
by major shortages of personnel, supplies, and infrastructure.
Military courts, which were headed by a military judge and followed
the military code inherited from Belgium, tried military and civilian
defendants as directed by the Government. Military courts tried most
high-profile cases with charges related to state security during the
year; the Government claimed that its frequent use of military courts
rather than civilian courts was a result of the ongoing war. The courts
were required to file charges within 48 hours of the arrest; however,
long delays often occurred. The military courts, which were located in
all military installations and in most urban areas, had no appeal
process. The Government permitted, and in some cases provided, legal
counsel; however, lawyers sometimes were not granted free or
unmonitored access to defendants. Sentencing guidelines also were
inherited from Belgian military law; however, in practice military
courts had broad discretion to go outside of those sentencing
guidelines. In many cases, trials were open to the public at the
discretion of the military judge. In previous years, death sentences or
forced labor were typical punishments; however, no death sentences were
issued during the year.
On September 26, the Government lifted the moratorium on the death
penalty. The official reason given was that criminal activity had risen
since the pronouncement of the moratorium; however, it was believed
widely that the moratorium was lifted in anticipation of the sentencing
of the suspects in the assassination of former President Laurent
Kabila.
On March 12, the Government filed charges against Eddy Kapend, FAC
General Yav Nawej, and approximately 130 other persons in connection
with the January 2001 assassination of Laurent Kabila, the executions
of 11 Lebanese and other persons following the assassination, and the
2000 coup plot led by Anselme Masasu. The trial of these suspects
opened officially on March 15, but proceedings were postponed until
April 3 to provide sufficient time for defense lawyers to prepare their
cases, since they had not been granted access to defendants until March
12. According to international observers, the trial, which was
conducted by a military tribunal, followed the correct procedures
prescribed by the country's military and civil code; however, there
were some irregularities, and prosecutors and judges remained subject
to executive influence. The beginning and the end of the trial were
public and open to the press; however, the trial was closed to the
public between April 22 and September 19 for reasons of state security,
a decision strongly criticized by NGOs as hampering transparency.
There were no further developments in the September 2001 case in
which civilians and ex-FAZ soldiers were convicted of coup plotting by
a military tribunal in Likasi. None of the death sentences had been
carried out by year's end.
Unlike in the previous year, the Government held no political
prisoners. Suspects in the Kabila assassination remained in detention
at year's end (see Section 1.d.).
In the areas not under government control, the system of justice
essentially remained nonfunctional. Judges and other public servants
were not paid their salaries, and corruption was rampant. RCD/G
officials and others with influence reportedly used the judicial system
to arrest individuals on false charges and to extract money and
property from these individuals. There also were reports of
indiscriminate military justice in which persons suspected of
disloyalty were executed without a trial. Persons incarcerated by rebel
forces for political reasons generally were detained without being
tried formally.
Officially the RCD/G established measures to investigate and punish
rebel soldiers guilty of committing atrocities against civilian
populations. However, the initiative largely remained ignored and
ineffective, and there were no reports that the RCD/G credibly tried,
convicted, or punished any of its troops for committing atrocities.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--In government-controlled territory, the law prohibits
such actions; however, members of the security forces routinely ignored
these provisions in practice. Members of security forces and deserters
from the army and police continued to harass and rob citizens. Security
forces routinely ignored legal requirements for search warrants and
entered and searched homes or vehicles at will. In general those
responsible for these acts remained unidentified and unpunished.
There were some reported cases in which security forces raided
private businesses and arrested employees accused of collaborating with
rebel forces or attacking state security (see Section 1.d.); however,
there were fewer reported cases than in the previous years.
Police often looted the homes of the persons they arrested and
sometimes installed themselves in the homes of detainees; occupants
frequently were beaten and abused.
No action was taken against soldiers who in November 2001 forced
their way into a foreign couple's home and raped their daughter.
Unlike in the previous year, there were no reports that government
security forces maintained surveillance of the headquarters of
opposition parties and the movements of leading opposition political
figures. There were no reports of government raids on opposition party
leaders' residences.
ANR security agents monitored mail passing through private express
delivery companies as well as through the very limited state mail
service. The Government widely was believed to monitor some telephone
communications.
Unlike in the previous year, there were no reports that government
forces forcibly conscripted adults and children.
There were credible reports that, when unable to locate a specific
individual, authorities sometimes arrested or beat the closest family
member.
Mai Mai forces and Hutu militias routinely seized private property
and looted homes to supply themselves in areas in which they operated.
Mai Mai forces recruited children from the areas in which they
operated.
In areas not under government control, rebel forces, foreign
troops, and other armed groups routinely subjected civilians to
arbitrary interference with privacy, family, home, and correspondence
(see Sections 1.g. and 4).
From May 14 to 15, in reprisal for the RCD/G mutiny in Kisangani,
RCD/G soldiers conducted house-to-house searches, arrested suspected
dissidents, and beat those who resisted. Five priests or pastors were
arrested and taken to undisclosed locations while their homes and
parishes were ransacked. The RCD/G seized cell phones, livestock, and
household goods.
RCD/G rebels continued to recruit children from the areas in which
they operated despite claims that they had stopped the practice (see
Section 5).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--Until late in the year, war continued with
external intervention on both sides. The war broke out in 1998 between
the Government and rebel forces backed by the Governments of Rwanda and
Uganda. Following initial gains by the rebels, the Governments of
Zimbabwe and Angola sent troops to support the Government, bringing the
war to a stalemate. The Lusaka Accords, signed in July 1999, provided
for a cease-fire and disengagement of troops, the deployment of a U.N.
peace observation mission, the withdrawal of foreign troops, and an
internal political dialog leading to the formation of a transitional
government. By July 2001, all parties generally complied with the
disengagement plan outlined in the Lusaka Accords and withdrew to new
defensive positions. In late 2001 and throughout the year, U.N.
International Facilitator Ketumile Masire organized the Inter-Congolese
Dialogue (ICD), which included representatives of the Government,
Congolese armed groups, political opposition, and civil society. The
ICD began in October 2001 in Addis Ababa, Ethiopia, and was convened in
several sessions during the year, culminating in a December 17
agreement to form a transitional government. During the year, most
foreign troops withdrew from the country, although the Governments of
Rwanda and Uganda continued to support armed Congolese groups operating
in the country.
Unlike in previous years, there were few reports that the
Government used excessive force or violated humanitarian law in the
ongoing war in territory controlled by the Government. In general the
cease-fire was respected along the disengagement line between
government and rebel or foreign-held territory, and the fighting
shifted to areas behind rebel lines in the eastern part of the country.
However, on November 10, government troops used excessive force during
fighting against Mai Mai militias in the town of Ankoro, Katanga
Province, which resulted in the deaths of 104 civilians and the
displacement of 75,000 local residents; both sides burned and pillaged
homes and shops in the area.
Government security forces ceased to recruit child soldiers and
continued to cooperate with the U.N. to demobilize child soldiers (see
Section 5).
There were reports that Mai Mai forces and Hutu militias fighting
on the side of the Government frequently killed and tortured
noncombatants (see Section 1.a.).
In areas not under government control, rebel forces, foreign
troops, Mai-Mai forces, Hutu militias, and other armed groups committed
numerous abuses, including civilian massacres, the looting and burning
of houses, attacks and aerial bombings of civilian areas, the forcible
recruitment of child soldiers, and the rape of women. At times,
verification of these reports was difficult, due to geographical
remoteness, hazardous security conditions, and impediments imposed by
authorities (see Section 4); however, the presence of MONUC allowed
international observers to gather more information than in previous
years.
There have been no known credible attempts by any of the combatants
in the conflict to investigate incidents in which their troops
allegedly committed killings, rapes, pillaging, and other abuses in
areas under their control. RCD/G authorities manipulated investigations
into the May 14 to 15 reprisal killings of civilians in Kisangani and
the March 24 grenade attack on a church in Goma, which killed 3 persons
and injured 11; the RCD/G then used these investigations to expel U.N.
personnel and to accuse and arrest leaders of human rights NGOs.
RCD/G and RDF forces committed numerous mass killings in areas
under their control, usually in reprisal for alleged Mai Mai attacks or
mutinies against RCD/G and Rwandan forces. In determining
responsibility for abuses, it often remained difficult to distinguish
between RCD/G and RDF forces, since RCD/G and RDF troops frequently
operated together, RDF commanders trained RCD/G troops, RDF soldiers
sometimes operated in RCD/G uniforms, and RCD/G forces received
instructions directly from RDF commanders.
There were numerous credible reports that RCD/G and RDF troops
burned and destroyed entire villages, frequently killing, torturing, or
raping some of the inhabitants, especially in rural areas of North and
South Kivu and northern Maniema Province. For example, on January 5,
RCD/G troops under Commander Masore attacked and set fire to the
villages of Kaboke II, Esunda, and Yonwe in South Kivu in reprisal for
the ambushing and killing by Mai Mai forces of an RCD/G commander and
his guards in the area; 30 persons were killed, including 18 persons
who were burned beyond recognition. RCD/G soldiers, who also attacked
and injured two women with machetes, reportedly pushed in the brick
walls of the burned houses to hide the evidence.
During February and April, fighting in South Kivu between RCD/G and
RDF soldiers and Mai Mai or Hutu militias resulted in repeated raids of
more than 40 villages. At least 29 civilians were killed, 118 were
raped, and 56 were kidnaped; 75 houses and churches were burned or
destroyed, and hundreds of livestock were stolen. Frequently the same
village was raided repeatedly, first by one side and then by the other,
with each side accusing the villagers of collaborating with their
enemies.
Between January and July, RDF forces occupied the High Plateau
region to suppress a popular revolt led by former RCD/G Commander
Patrick Masunzu, and used excessive, indiscriminate violence against
civilians, particularly the ethnic Tutsi Banyamulenge. RDF soldiers
burned, destroyed, and pillaged numerous small non-Banyamulenge
villages during their 4-day march to the High Plateau. Once on the High
Plateau, the RDF forcibly displaced approximately 30,000 Banyamulenge
civilians, set fire to more than 90 Banyamulenge villages, and killed,
abducted, and raped an undetermined number of Banyamulenge civilians.
At various periods, particularly from June 18 until mid July, the RDF
repeatedly used helicopters to bomb the High Plateau region, including
areas populated by civilians. The RDF repeatedly denied access to all
international humanitarian organizations, which severely impeded
efforts to determine the number of civilians killed, injured, raped,
tortured, and displaced.
From May 14 to 15, RCD/G troops used excessive, indiscriminate
lethal force against civilians in Kisangani in reprisal for an aborted
mutiny attempt by RCD/G dissidents. In the original mutiny attempt,
members of the population killed seven persons they accused of being
Rwandan. RCD/G loyalist troops under the command of Gabriel Amisi
(known as Tango Fort), Bernard Biamungu, and Laurent Nkunda put down
the mutiny and then killed more than 150 civilians and numerous RCD/G
members suspected of being mutineers or sympathizers. On May 14, RCD/G
loyalists rounded up and summarily executed dozens of RCD/G police and
military, who were hacked to death with machetes, decapitated,
tortured, dismembered, or shot to death. RCD/G forces threw many of the
corpses into the Tshopo River and buried other victims in mass graves.
An unconfirmed number of civilians were abducted or disappeared,
including young women taken to the airport and raped by RCD/G troops.
Under intense international pressure, the RCD/G appointed a
military-led Commission of Inquiry to look into events at Kisangani.
The Commission's report identified a total of 41 fatalities, including
7 persons killed by the population during the mutiny, 11 mutineers who
allegedly drowned in the Tshopo River trying to escape, and 21
civilians allegedly killed in cross-fire between mutineers and loyalist
forces. From June 16 to 22, Asma Jahangir, the U.N. Special Rapporteur
on Extrajudicial, Summary or Arbitrary Executions, conducted an
investigation into the May 14 to 15 events in Kisangani. The report,
which was endorsed and released by the U.N. High Commissioner for Human
Rights, concluded that RCD/G authorities were responsible for at least
163 killings, including the massacre of at least 103 civilians, the
summary execution of at least 60 members of the military and police,
and the deaths of an addition 20 persons, whose corpses were found
floating in the river. The report rejected the findings of the RCD/G
Commission of Inquiry, accused the RCD/G of protecting the perpetrators
and concealing the facts, and criticized RCD/G efforts to portray the
events as ethnically motivated and to blame local civil society and NGO
leaders for the violence. In August Human Rights Watch (HRW) released
its report, which placed responsibility for events on several RCD/G
commanders and called for them to be prosecuted for war crimes.
On August 25, Mai Mai forces in Kindu reportedly ambushed and
killed 40 RCD/G soldiers. In response, RCD/G troops carried out
reprisal attacks on the civilian population from August 26 to 28. At
Nyonga Island, RCD/G soldiers assembled the entire village, separated
out the men and boys over age 14, marched them into the bush, and
summarily executed 56 persons. There were unconfirmed reports that at
Kitingui Island, RCD/G troops burned alive up to 80 people who already
had surrendered. RCD/G troops repeatedly denied access to international
aid organizations.
From October 24 to 29, in Mabasa and Mangina in the Ituri region,
RCD/N and MLC troops systematically killed, abducted, raped, tortured,
and looted the civilian population, some of whom were forced to commit
cannibalistic acts. According to the U.N., 117 persons were killed, 65
adults and children were raped, and 82 persons remained missing at
year's end. In some cases, victims were killed in front of their
families, who were forced to eat their body parts. Thousands of persons
fled, including numerous Pygmies, who the rebels reportedly targeted
for cannibalism.
RCD/G rebels and RDF troops continued to target churches and
religious leaders in the areas under their control and committed
numerous abuses, including arbitrary killings, beatings, and the
violent dispersal of religious services (see Sections 1.b. and 2.c.).
Rebel and foreign groups, particularly the RCD/G and RDF, raped
women with impunity; a June HRW report charged that both groups used
rape as a tool of war.
For example, from January to March, RCD/G, RDF, and Burundian
soldiers frequently raped young girls in rural schools throughout the
territory of Fizi in South Kivu. Local human rights organizations
documented 248 cases of rape, 69 unwanted pregnancies, and 418 girls
who dropped out of school after they received threats of sexual
violence. Most of the girls, who faced societal rejection as rape
victims and because of likely exposure to HIV/AIDS, received no medical
care or trauma counseling.
RCD/G and RDF, Mai Mai, and Interahamwe forces kidnaped numerous
women and girls during raids on rural villages and forced them to
provide labor or sexual services. Many of the victims were forced to
stay with the troops from several days to several months and subjected
to gang rape or acts of sexual torture. Once released, many of the
victims were ostracized by family members or their local communities,
faced unwanted pregnancies, or had contracted the HIV/AIDS virus from
the soldiers who abused them.
In October numerous persons were killed during fighting between
RCD/G troops and Mai Mai over the control of Uvira. After October 13,
when Mai Mai took control of the city, approximately 5,000 RCD/G troops
marched south to retake Uvira and fought with Mai Mai along the way in
Luvungi and Sange; more than 120 persons were killed. On October 19,
the RCD/G regained control of Uvira and subsequently arrested more than
100 persons; local groups reported that six bodies also were found in
the city after the RCD/G returned.
Landmines reportedly laid by Burundian soldiers throughout the
territory of Fizi in South Kivu killed six civilians and seriously
injured ten during the year. The victims included villagers from Ake,
Mboko, Nundu, Kabondozi, Kabumbe, Swima, and Etundu; the ages of the
victims ranged from 10 to 51 years old. It was impossible to know
whether the mines were laid this year or in previous years.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government restricted this right
in practice. Incidents of harassment, intimidation, and detention of
journalists continued to occur, but violations of press freedom were
less common than in previous years. During the year, security forces
arrested or detained illegally 9 journalists compared with 25
journalists in 2001; few of them were tried. One journalist, who was
arrested on December 31, remained in detention at year's end. Other
journalists reportedly were harassed, and in some cases, beaten or
tortured by members of the security services; however, unlike in the
previous year, there were no reports that government authorities
harassed or expelled foreign journalists.
During the year, the Ministries of Human Rights and of
Communication and Press maintained good relations with the private
media and in some cases interceded with security services on behalf of
journalists subjected to abuse. In an August 9 letter to all public
prosecutors, including the COM, Minister of Justice Ngele Audi asked
government officials to instruct their personnel to halt arrests of
journalists and other members of the media. The Ministry of Justice
held a seminar from August 24 to 26 with the goal of improving
relations between the security services, the military, and journalists.
According to the Government, 97 newspapers completed the mandatory
licensing process and were authorized to publish in the country.
Approximately 40 publications appeared regularly in Kinshasa; 9 were
dailies and the others were published once or twice a week. There also
was an active private press in Lubumbashi, and some private newspapers
were published in other provincial cities. Many 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. The Government
published Bulletin Quotidien, an official daily that covered official
and general news. For the duration of the ICD in Sun City, the
Government also published the Congo Libere, which was distributed in
South Africa and the country. The Minister of Communications also
published Le Journal de Vendredi, a private weekly.
A 1996 Press Law regulates the newspaper industry. Publishers were
required to deposit copies of their publications with the Ministry of
Communication and Press after publication. Criminal libel laws exist
and were used to successfully prosecute journalists at least once
during the year; however, it widely was believed that the Minister of
Security and Public Order manipulated the court to secure the
convictions and sentences in that case. In two other cases, libel
charges against journalists were dropped, reportedly after the
journalists had been intimidated by their detention.
Authorities generally charged journalists who were arrested by
security services with ``endangering the State'' or ``insulting the
military'' through the publication or broadcast of political news or
news of the war. Charges often were brought under the press law, which
NGOs have charged needs revision.
On July 11, Alerte Plus published an article charging that Minister
of Security and Public Order Mwenze Kongolo had been poisoned. On July
19, police arrested Raymond Kabala, the publications director of Alerte
Plus on charges of libel; on July 22, Delly Bonsange, the newspaper's
editor, was arrested on the same charge. Both journalists were beaten
and tortured, and the article was retracted the following day. On
September 6, the Kinshasa-Ndjili Peace Court found Kabala and Bonsange
guilty of ``harmful accusations'' and ``falsification of a public
document.'' Kabala and Bosange were sentenced to 12 and 6 months in
prison, respectively, and received heavy fines; however, the sentences
and fines were reduced on appeal. Bosange was released in December;
Kabala remained in Makala prison at year's end.
On July 25, opposition politician Joseph Olenghankoy lodged a libel
complaint against Pot-Pourri editor Achille Ekele N'Golyma and Gogin
Kigwakiou, a journalist for Vision, after both publications accused
Olenghankoy of receiving bribes. On July 31, N'Golyma was arrested;
however, Kigwakiou evaded arrest. On August 15, N'Golyma was released
after Olenghankoy withdrew charges.
On August 2, the newspaper L'Intermediaire published an article on
the ongoing illegal detention of human rights activists N'Sii Luanda
and Willy Wenga; the article referred to the COM as a ``dictator's
consolidation instrument'' (see Section 1.d.). On August 7, national
police acting on behalf of COM General Prosecutor General Charles
Alamba, detained Eugene Ngimbi, the editor of L'Intermediaire, for 2
days on defamation charges; however, the prosecutor did not pursue the
charges.
Police in Kinshasa briefly detained newspaper vendors and seized
newspapers during the year.
Due to limited literacy and the high costs of newspapers and
television, radio remained the most important medium of public
information. The number of private radio stations in Kinshasa increased
to 18 radio stations compared with 10 in 2001, of which 2 were state-
owned and 16 were private or religious. There were 16 television
stations compared with 7 in 2001, of which 2 were state-owned and 14
were private or religious. 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 Government
threatened to shut down radio stations that had not paid their
licensing fees, however, some stations did not pay the fee, and the
Government took no action against them. During the year, MONUC
established a nationwide radio station called Radio Okapi, which
broadcast national and local news and provided information on MONUC's
mandate and activities, as well as its demobilization and disarmament
program.
On April 3, army soldiers arrested and detained journalist Jose
Feruzi Samwegele, who intervened with soldiers on behalf of Mayulu
Mayung, who had attempted to enter the national radio station RTNC
without a valid ID; Mayung also was found to be carrying an opposition
UDPS position paper from Sun City. On April 10, Samwegele was released;
on April 12, Mayung was released.
At year's end, there were 10 domestic Internet service providers.
Because of technical difficulties and high cost, the Internet was not
used widely; however, no restrictions were imposed on Internet use.
Academic freedom continued to be restricted, and professors (who
were public servants) exercised self-censorship or modified their
lectures to suit the views of their patrons in the Government; however,
there were no reports of students or professors being overtly censored.
On February 21, the eight students arrested in connection with the
December 2001 violent student strikes in Kinshasa were released and
expelled from the University of Kinshasa. In October the students
published a petition demanding that they be allowed to resume their
studies; authorities had made no decision about the petition by year's
end.
In areas not under government control, rebel groups continued to
severely restrict freedom of speech and of the press; however, some
independent media organizations, primarily the Catholic Church-
sponsored news agency MISNA and MONUC-operated Radio Okapi, were
allowed to operate. Most local radio stations were controlled by rebel
authorities and foreign troops. Radio Maendeleo, the only independent
Congolese-run radio station in Bukavu, operated most of the year;
however, on October 14, RCD/G soldiers occupied the station and blocked
its news broadcasting; the action reportedly was taken to prevent
coverage of the Mai-Mai forces advancing to Bukavu. The station
remained closed at year's end.
In June Banyamulenge civil society representative Enock Sebineza
fled the country in fear for his life after returning to Bukavu from
the ICD in Sun City. Sebineza, who had criticized the RDF military
campaign against civilians on the High Plateau and feared reprisal from
the RCD/G or RDF, reportedly remained abroad in self-imposed exile at
year's end.
Rebel forces continued to harass and arrest journalists. For
example, on March 9, in Bunagana (on the DRC-Uganda border), RCD/G
forces arrested Raphael Paluku Kyana, director of Radio Rurale de
Kanyabayonga, as he was leaving the country to attend a communications
seminar being held in Nairobi. He was released on March 14; however, at
year's end, RCD/G authorities still were demanding payment from Paluku
Kyana to return his personal identification and travel documents, which
the RCD/G had confiscated.
On August 28, Rigobert Yuma Nduani and Shabani Sadala, two
journalists from Radio Okapi, took refuge at the MONUC mission in Kindu
after receiving threats from the RCD.
On September 13, in Gbadolite, MLC troops arrested journalist
Franklin Moliba-Sese in connection with a Radio Okapi report on the
living conditions of MLC child soldiers; Moliba-Sese was released after
6 days.
During the year, in Kisangani, RCD/G authorities severely
criticized journalists and peace activists on the radio and at rallies,
calling them traitors and allies of hostile foreigners (see Section
2.c.). After Radio Amani, which was owned by the Catholic Church,
broadcast programs that criticized the RCD, the Department of Security
and Intelligence abducted and severely beat the clergyman who headed
the Catholic Justice and Peace Commission.
b. Freedom of Peaceful Assembly and Association.--In areas under
government control, there was no legal protection for freedom of
assembly, and the Government continued to restrict this right. The
Government considered the right to assemble to be subordinate to the
maintenance of ``public order,'' and continued to require all
organizers to inform the city government before holding a public event.
According to the law, organizers automatically had permission to hold
an event unless the city government denied permission in writing within
5 days of receiving the original notification. Some NGOs reported that
in practice the city administration sometimes denied permission for the
event after the 5-day period by backdating the correspondence.
Government security services generally dispersed unregistered protests,
marches, or meetings.
During the year, opposition parties held private meetings without
government harassment; however, the Government prevented some public
political activities such as marches and press conferences.
Security forces forcibly dispersed political party press
conferences and rallies on several occasions, usually on the grounds
that the party had not registered with the Ministry of the Interior
after promulgation of the May 2001 law on political activity or had not
notified city authorities of the event. The Government required
political parties to apply for permits to hold press conferences; such
permits frequently were denied.
On April 14, police dispersed PALU party activists when they tried
to hold a rally in the Kimbanseke neighborhood of Kinshasa; 11 party
members were detained for several hours.
On September 26, DEMIAP units forcibly dispersed a march organized
by members of the UDPS ``parlementaires debout,'' a movement that
conducts street-side debates on current events and political figures,
ostensibly because they had not notified the city government of the
march as required by law. According to the UDPS, 51 of their members
were detained for several hours, and 12 were beaten seriously.
Police also forcibly dispersed labor demonstrations. For example,
on June 3, police in Kipushi forcibly dispersed a march organized by
workers at Gecamines, a copper and cobalt mining parastatal, and SNCC,
a railroad parastatal.
There were fewer government-sponsored demonstrations than in the
previous year, and unlike in the previous year, there were no
government-sanctioned violent demonstrations against foreign embassies
or U.N. offices.
On October 8, in Kisangani, university students erected a barrier
on the airport road, stopped a MONUC vehicle from leaving the airport,
forced the passengers out, and burned the vehicle. After the students
had stopped a second MONUC vehicle, a third MONUC vehicle arrived, and
the MONUC soldiers inside fired into the air to disperse the crowd.
RCD/G soldiers who had just arrived at the scene also fired into the
air. One MONUC soldier and one student were injured.
The law provides no explicit protection for freedom of association,
and the Government restricted this right; however, there were fewer
instances of such restrictions than in previous years. The May 2001 law
on political activity allows anyone to form a political party by
registering with the Minister of Interior. NGOs and religious groups
also were permitted to form freely, provided that they registered with
the Minister of Justice and filed copies of internal regulations and
descriptions of their organizational structure. According to the
Government, more than 100 political parties have registered under the
May 2001 law. Some longstanding parties, notably the UDPS, have refused
to register under this law on the grounds that they already registered
under the Mobutu government and that the Kabila government was
illegitimate. The Government responded to this refusal by treating the
UDPS as an illegal organization and arresting or dispersing UDPS
members who attempted to hold public functions.
Political parties and civil society groups were highly active
during the year in preparation for and participation in the ICD. The
Government generally did not harass political parties, with the
exception of the UDPS.
In areas not under government control, rebel forces and foreign
troops continued to restrict severely freedom of assembly and
association. Groups critical of the authorities, especially in RCD/G or
RDF controlled territory, were subject to severe repression (see
Sections 1.a., 1.b., and 1.g.). The only political party allowed to
operate openly in RCD/G and RDF territory was the UDPS, which in April
joined the Alliance to Save the Dialogue (ASD) with Rwanda and the RCD/
G. There were numerous reports that RCD/G and RDF soldiers subsequently
forced citizens in Goma, Kisangani, and Uvira to assemble and cheer for
UDPS president Etienne Tshisekedi when he toured through the eastern
part of the country in June.
Rebels forcibly dispersed religious services (see Section 2.c.).
No action was taken against RCD/G troops who fired on demonstrators
in Bukavu in September 2001.
c. Freedom of Religion.--Although there is no constitution
currently in effect, the Government generally respected freedom of
religion in practice, provided that worshipers did not disturb public
order or contradict commonly held morals; however, government forces
committed some abuses.
The establishment and operation of religious institutions was
provided for and regulated through a statutory order on the Regulation
of Non-profit Associations and Public Utility Institutions.
Requirements for the establishment of a religious organization were
simple and generally were not subject to abuse. The law grants civil
servants the power to establish and dissolve religious groups. There
were no reports of the Government suspending or dissolving a religious
group; however, during the year, the Government outlawed Bunda Dia
Kongo, an ethnically-based spiritual and political movement that called
for the violent overthrow of the Government and the establishment of an
``ethnically pure'' kingdom for the Bakongo tribe. Officially
recognized religions were free to establish places of worship and to
train clergy. In practice religious groups that are not recognized also
worshipped freely.
While the Government generally did not interfere with foreign
missionaries, they were not exempt from general restrictions by
security forces, such as restrictions on freedom of movement imposed on
all persons by security force members who erect and man roadblocks, at
which they often solicit bribes.
Some abuses against churches or clergy occurred in government-
controlled areas as a result of a lack of discipline of individual
government soldiers. These abuses, usually the harassing of priests at
checkpoints or the theft of church property, were not linked to any
religious or politically motivated policy.
On July 20, Bunda dia Kongo followers reportedly clashed with
police in Louzi and Moanda; 10 of the demonstrators in Luozi and 4 in
Moanda were killed, and numerous others were injured by gunshot. One
policeman reportedly also was killed.
In areas not under government control, respect for religious
freedom continued to be poor. RCD/G and RDF soldiers continued to
commit significant abuses in these areas and deliberately targeted
churches and religious leaders in the towns and villages under their
control. These actions were believed to be part of an attempt to
intimidate the population and in retaliation for the growing role of
churches as one of the few remaining forums for community discussion
and peaceful political activism. Abuses took the form of arbitrary
killings, arrests, and disappearances of pastors, priests, and laymen;
public threats against the lives of religious leaders; pillaging and
destruction of church property; and the use of armed soldiers to
disperse forcibly religious services (see Section 1.b.).
On April 12, in Bukavu, Rwandan and RCD/G soldiers surrounded the
congregations of several Catholic churches and forcibly dispersed,
beat, and kicked parishioners. Although the Catholic Church had applied
for and received permission from the Mayor of Bukavu and the Vice
Governor of South Kivu Province to hold a Mass at which Catholics from
all parishes in South Kivu Province were to assemble and pray for
peace, Rwandan and RCD/G soldiers announced on the radio that the Mass
was forbidden. During the broadcast, RCD/G Commander Chuma Balumisa
issued threats against the Catholic Church; specific priests, including
Monseigneur Maroyi; and anyone who participated in the Mass. The
Catholic Church cancelled the Mass and told parishioners to pray
instead at their local parishes. On the morning of April 12, Rwandan
forces armed with guns and RCD/G soldiers and police armed with batons
surrounded the main religious centers in each parish and lined the main
roads in Bukavu. In the Cahi Parish, soldiers entered the church, beat
parishioners and priests, and destroyed the statue outside the Church.
In Nyamwera Parish, Rwandan soldiers used tear gas to disperse a group
of young students. In Mater Dei of Muhungu Parish, soldiers chased
parishioners from their church, beat them, and fired shots in the air.
Soldiers at the same parish violently kicked a group of children
between the ages of 8 and 12 who were marching toward the church
chanting, ``We ask for peace.'' Numerous persons were injured,
including two priests, a 14-year-old girl, and a 17-year-old boy. No
action was taken against those responsible by year's end.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--In areas under government control, the
law allows for freedom of movement; however, the Government increased
its restrictions of this right after the war began in 1998. Resolutions
adopted as part of the ICD process in 2001 affirmed the right to free
movement of persons and goods in the country, and the Government
generally honored this stated commitment during the year; however, some
travel restrictions continued, such as the need to obtain a routine
written document from the Ministry of Interior for travel within
government-controlled territory. Movement between government and
nongovernment zones continued to be hazardous and sometimes impossible,
except by U.N. flights and U.N.-accompanied river convoys. Commercial
flights between government-controlled territory and RCD/ML territory
resumed during the year; however, the flights were interrupted by new
conflict in August.
In Kinshasa the practice of police and soldiers erecting roadblocks
for night-time security checks and to protect government installations
continued. In general military police manning the roadblocks were
better organized and more professional than in previous years, and
there were fewer instances in which taxibus drivers and passengers were
harassed or forced to pay bribes. However, underpaid traffic police
continued to routinely harass citizens and demand bribes in the course
of pulling vehicles over for traffic violations.
The significant risk of rape, sometimes perpetrated by uniformed
men, restricted freedom of movement at night for women in some
neighborhoods. Groups of citizens implemented neighborhood watch
programs, but women in some parts of Kinshasa and Lubumbashi did not
leave their homes at night due to fear of attack.
On April 29, the Government signed an agreement with the MLC and
the RCD/G permitting the resumption of commercial traffic on the Congo
River. Since this agreement, commercial barges under MONUC escort
successfully have traveled between government and MLC territory;
however, RCD/G authorities have not permitted travel to RCD/G
territory.
The Government required exit visas for all foreign travel. No data
on the refusal rate for exit visa applications was available.
Noncitizens reportedly were required to obtain exit permits before
leaving the country. The Government allowed opposition members and
journalists to leave the country; ICD participants were able to travel
freely to meetings in South Africa. Unlike in the previous year, there
were no reports that the Government refused to issue passports to
opposition leaders.
The law provides for the granting of asylum and 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 continued
to provide first asylum. Refugees were accepted into the country from
the CAR and Angola during the year. According to the U.S. Committee for
Refugees, approximately 305,000 refugees from neighboring countries,
including 180,000 from Angola, 70,000 from Sudan, 20,000 from the CAR,
20,000 from Burundi, 10,000 from Uganda, and 2,000 from Rwanda lived in
the country.
The Government cooperated with the U.N. High Commissioner for
Refugees (UNHCR) and other international agencies during the year; the
Government generally allowed humanitarian workers free access to
affected populations in areas under its control (see Section 4).
On September 26, the Government informed the Third Party
Verification Mechanism (TPVM) that it was declaring persona non grata
and expelling 20 FDLR leaders from the country; all but one, who was
expelled to Kenya, were expelled to the Republic of the Congo, which
refused to accept 8 of the 20 and returned them to Kinshasa. On October
30, the Government forcibly returned the eight to Rwanda (see Section
1.d.). On October 24 and 25, the Government detained an additional 19
FDLR/ALIR officials in Kinshasa; all remained in custody at year's end.
According to the U.N., approximately 355,000 Congolese refugees
lived in neighboring countries during the year, including approximately
80,000 in the Republic of the Congo and 120,000 in Tanzania. In
September the Government agreed to allow the voluntary repatriation of
4,000 former soldiers from the Republic of the Congo. Approximately
10,000 Congolese Tutsis who had been living in refugee camps in Rwanda
were repatriated to the DRC during the year.
In areas not under government control, freedom of movement was
restricted severely during the year, partially as a result of fighting
between the rebels forces, Rwandan and Ugandan troops, Mai Mai, and
Hutu militias. Rebel soldiers and foreign troops frequently prevented
travel and harassed travelers. Several cities were cut off from the
surrounding countryside by soldiers and armed groups, which controlled
all road and river access into and out of the cities. For example,
Kisangani was controlled by RCD/G soldiers, who restricted entry and
exit into the city by land and by river. Soldiers established
roadblocks and routinely harassed and extorted civilians who attempted
to enter or exit these cities to buy or sell food or to visit family
members. Kindu, which was controlled by RDF and RCD/G soldiers, was
surrounded by Mai-Mai, who cut off travel into and out of the city by
land and river. Such travel restrictions contributed to widespread
hunger and economic hardship.
Rebel forces frequently imposed travel restrictions on NGOs,
although in some cases they permitted NGOs and civil society groups to
travel to conferences in foreign countries or government-controlled
territory (see Section 4).
On March 9, in Goma, RCD-G security services arrested and detained
Raphael Paluku Kyana, director of a religious community radio station
in Kanyabayonga, as he was attempting to travel to Nairobi to attend a
training workshop for media professionals organized by the Inter-
African Council of Churches. On March 14, Paluku Kyana was released.
The U.S. Committee for Refugees estimated that there were
approximately 2 million IDPs in the country, most of whom were located
in the eastern part of the country and the Ituri area. Many of the IDPs
received no assistance because of ongoing fighting and the denial of
access to NGOs. Many IDPs were forced to relocate numerous times to
escape fighting (see Section 1.g.).
In March fighting between the Mai Mai and the RCD/G and RDF around
Kitutu, South Kivu, resulted in the displacement from the surrounding
villages of thousands of persons in Kamituga and in Kitutu.
There were numerous reports that the RDF forcibly displaced
Banyamulenge in the High Plateau region of South Kivu and then bombed
areas in which IDPs were gathered (see Section 1.g.). NGOs also
estimated that the RDF forcibly displaced approximately 4,100
households (including 14,600 children) in non-Banyamulenge Congolese
villages during the conflict between the RDF and the Banyamulenge; many
of these IDPs were living in the outskirts of Uvira at year's end. In
October 20,000 persons, many of them ethnic Banyamulenge from Uvira,
entered Kalemie as IDPs.
In November the RCD/ML captured Bafwasende and Niania in Orientale
Province, which resulted in 33,000 IDPs in North Kivu Province.
Throughout the year, in the Ituri district of Orientale Province,
an area dominated by Ugandan and Ugandan-supported forces, fighting
continued between members of the Lendu and Hema ethnic groups and their
respective allied tribes, which reportedly resulted in 500,000 IDPs
(see Section 1.a.). In August, when the Hema-dominated UPC militia took
control of the city of Bunia, there were numerous reports that they
attempted to ethnically cleanse Bunia and chase out all residents from
the Lendu tribe. Several thousand Lendu fled Bunia and were IDPs in
surrounding villages at year's end.
On several occasions, the RCD/G, RDF, and the UPC militia denied
access to humanitarian organizations or obstructed their ability to
deliver humanitarian relief supplies. For example, during the RDF
military campaign against the Banyamulenge revolt in the High Plateau
(see Section 1.g.), RDF authorities repeatedly denied access to
humanitarian organizations and to MONUC, claiming that the area was not
secure; however, RDF authorities subsequently granted access to a
planeload of journalists flown in at the Rwandan government's expense.
On July 18, RCD/G authorities closed and padlocked the office of
AirServe, the humanitarian plane service used by international NGOs to
deliver relief supplies throughout the eastern part of the country.
RCD/G authorities demanded $23,500 in taxes and other expenses, despite
having signed a convention in 1999 with AirServe and other NGOs that
exonerated such groups from most taxes. During the same week, RCD/G
authorities attempted to collect large sums of money from other
international NGOs, including Alisei, MSF Holland, Save the Children,
and Concern; authorities also threatened Concern with closure. On July
20, after strong international pressure, RCD/G authorities allowed
AirServe to resume delivery of humanitarian goods.
Since the beginning of October, after the Mai-Mai assumed control
of RCD/G territory in Shabunda, RCD/G authorities denied permission for
humanitarian NGOs to fly from Goma to Shabunda, where NGOs had
longstanding health and nutritional programs supplied by AirServe
flights. Despite the exhaustion of milk and food supplies at an NGO
nutrition center and severe malnutrition among 3,400 IDPs, RCD/G
authorities justified the flight denial as concern for security and
claimed that NGO flights to Mai-Mai areas would give legitimacy to such
groups. When the NGOs promised to take responsibility for their own
security, RCD/G authorities granted approval for the flights; however,
few flights at only irregular intervals had been approved by year's
end.
On October 17, the Hema UPC militia refused landing rights to a
UNICEF-chartered cargo flight carrying humanitarian supplies as the
plane was circling over Bunia. UPC authorities, who previously had
granted permission for the flight, subsequently claimed the refusal was
an unfortunate bureaucratic error; however, credible reports indicated
that the UPC may have taken the action to force the humanitarian
community to charter planes from a private airline connected with the
UPC.
The UNHCR continued to work with NGOs and the RCD/G to voluntarily
repatriate Rwandan Hutus to Rwanda.
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. The Government
continued to operate without a constitution. President Joseph Kabila,
who came to power in January 2001 after the assassination of his father
Laurent Desire Kabila, ruled by decree in the territory under
government control. At year's end, the Government was holding talks
with rebel groups, opposition politicians, and civil society to
establish a transitional government, which would be responsible for
drafting a constitution and organizing elections (see Section 1.g.).
In 2000 the Government created the Constituent and Legislative
Assembly to draft a new constitution, prepare a national budget, and
approve decrees and motions handed down by the President. During the
year, the Assembly continued to meet and to approve decrees and motions
handed down by the President, but it did not have a significant role in
governing the country.
In May 2001, the Government revised the law on political activity
to allow legally registered parties to operate freely, which
significantly improved political freedom in practice. However, the
Government continued to arrest political activists and to block some
activities, including marches and press conferences, particularly of
parties who had not registered under the terms of the 2001 law (see
Section 2.b.).
On March 31, supporters of President Kabila established the Peoples
Party for Reconstruction and Democracy (PPRD) to legitimize politically
President Kabila's regime. In November the President reshuffled his
cabinet; the new 34-member cabinet included 17 PPRD members. President
Kabila also eliminated three ministerial positions formerly occupied by
ministers he suspended for their involvement in resource exploitation.
The State continued to be highly centralized in many ways. The
Government in Kinshasa generally appointed governors, but once in the
provinces they had considerable autonomy, due in part to poor
communications and transportation infrastructure. Territorial
administrators also were appointed by the Government. Provincial
government resources, both financial and logistical, almost exclusively
came from the Government. Unlike in previous years, when a
disproportionate number of government positions were held by persons
from Katanga Province, President Kabila's government generally was
geographically and ethnically diverse.
There are no official restrictions on the participation of women or
minorities in politics. Three of 23 cabinet ministers and 1 of 12 vice
ministers were women, and women held 18 of the 300 seats in Parliament,
including the Speaker's chair. Pygmies were not represented in the
political process. There were no Muslims, who constituted only 2.5
percent of the population, represented in senior positions in the
Government or in political parties.
In areas not under government control, citizens did not have the
right to change their government peacefully. In RCD/G-controlled
territory, rebel authorities, often in consultation with the Government
of Rwanda, appointed local officials. Rebel groups tended to be
dominated by members of one ethnic group, often a minority group in the
areas under their control. Rebel forces and foreign troops continued to
severely limit political freedom (see Section 2.b.). The only political
party allowed to operate openly in RCD/G-held territory was the UDPS,
which signed a political alliance with Rwanda and the RCD/G.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
In areas under government control, numerous domestic and
international human rights NGOs continued to investigate and publish
their findings on human rights cases. The Government Human Rights
Ministry attempted to stop abuses against NGO workers; however, the
security services continued to harass some domestic NGO workers. For
example, the security services rearrested N'Sii Luanda, president of
the human rights organization Committee for Human Rights (CODHO) (see
Section 1.d.). In October outside of a military court in Kinshasa
unidentified individuals in military uniform beat and abducted
Sebastien Kayembe Nkokesha, chairman of the Congolese Human Rights
Observatory; Nkokesha was released the same day.
The main domestic human rights organizations operating in the
country included Comite Droits de l'Homme Maintenant, a national
network of human rights organizations; la Voix des Sans Voix (VSV), an
active Kinshasa-based organization; Groupe Jeremie and Groupe Amos, two
Christian-inspired groups that focused on human rights and democracy
problems; CODHO, a human rights monitoring group; Toges Noires, an
association of lawyers and judges involved with human rights; and
Association Africaine de Defense des Droits de l'Homme (ASADHO).
International human rights and democracy NGOs operating in Kinshasa
included the ICRC, International Human Rights Law Group, the
International Foundation for Elections Systems, Search for Common
Ground, Avocats Sans Frontiers-Belgium, and the National Democratic
Institute. Representatives of other international human rights and
democracy NGOs, such as Human Rights Watch Africa and the National
Endowment for Democracy, visited the country during the year.
In May the Government invited the International Criminal Tribunal
for Rwanda (ICTR) to open an office in Kinshasa. While the ICTR has not
established an office, ICTR investigators operated freely in
government-held areas of the country, seeking a number of genocide
indictees thought to be living in the country. On September 29, the
Government arrested genocide suspect Tharcisse Renzaho and delivered
him to the ICTR.
In areas not under government control, there were fewer domestic
and international human rights NGOs than in government-controlled
territory; those that did operate generally were subjected to more
harassment and abuse. Domestic human rights organizations operating in
areas outside government control included SEDI, a human rights NGO
monitoring violations in South Kivu; PAIF, a woman-led NGO monitoring
violence against women in the Kivus; RODHECIC, a human rights NGO
network active in South Kivu; ARC, a human rights NGO focusing on
abuses against religious groups and women; and Groupe Lotus, Amis de
Nelson Mandela, and Justice and Liberation, three human rights NGOs
monitoring abuses in Kisangani.
Rebel groups, foreign troops, and militias frequently harassed,
arrested, and tortured domestic NGO workers in an attempt to obstruct
their reporting (see Section 1.g.). Rebel forces frequently imposed
travel restrictions on human rights NGOs and journalists (see Section
2.d.).
For example, on May 26, RCD-G soldiers accompanied by the head of
the RCD-G security service forcibly entered the home of Delphine
Itongwa, Executive Secretary of the NGO Group for Study and Action of
Development. The soldiers interrogated Itongwa and confiscated her work
documents, laptop computer, and airplane ticket to Bukavu; Itongwa was
warned not to leave the city.
International NGOs active in areas not under government control
included the ICRC and the International Human Rights Law Group.
Representatives of Human Rights Watch Africa visited RCD/G-controlled
territory during the year.
After the May massacres in Kisangani, the RCD/G permitted Asma
Jahangir, the U.N. Special Rapporteur on Extrajudicial, Summary, or
Arbitrary Executions, to visit and conduct investigations in Kisangani
from June 16 to 22 (see Section 1.g.). However, Jahangir reported that
the RCD/G attempted to hinder her investigation and intimidated
potential witnesses.
In August the Ugandan government released the results of its
investigation into the April 2001 killings of six employees of the ICRC
in Ituri district. Although the report placed responsibility on
uncontrolled elements of the Lendu ethnic group, credible reports
indicated that members of the Hema UPC militia killed the ICRC workers
and tried to make the Lendu appear responsible. It was unclear whether
the UPDF knew of or assisted in the killings. ICRC field operations in
the Ituri district remained suspended at year's end.
On November 22, the UPC president declared the Congolese head of
the regional U.N. Office for the Coordination of Humanitarian
Assistance (OCHA) in Bunia persona non grata and ordered him to leave
Ituri within 48 hours for ``arrogance'' and ``verbal disrespect of UPC
security personnel.'' On November 25, the OCHA official left Bunia.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
In areas under government control, previous constitutions
prohibited discrimination based on ethnicity, sex, or religious
affiliation; unlike in previous years, the Government tried to enforce
these prohibitions and no longer condoned discrimination against
members of the Tutsi ethnic group. Societal discrimination remained an
obstacle to the advancement of certain groups, particularly women,
Muslims, and the indigenous Pygmy (Batwa) people.
Women.--Domestic violence against women, including rape, was
common, but there were no known government or NGO statistics on the
extent of this violence. The police rarely intervened in domestic
disputes. Rape was a crime, but the press rarely reported incidents of
violence against women or children. Press reports of rape generally
appeared only if it occurred in conjunction with another crime or if
NGOs had reported on the subject. Girls who had been raped often found
it difficult to get married; married women who were raped often were
rejected by their husbands. It was commonplace for family members to
instruct a rape victim to keep quiet about the incident, even to health
care professionals, to save the reputation of the victim.
FGM was not widespread, but it was practiced on young girls among
isolated groups in the north. On August 20, the Government, which
severely criticized the practice, issued a Presidential Decree creating
the National Committee to fight Harmful Traditional Practices/Female
Genital Mutilation. The Committee, which held a conference in May under
the auspices of the Health Ministry, developed a network of community
leaders, women representatives, and health professionals dedicated to
the prevention and treatment of FGM.
Prostitution, which is not a crime except for children under the
age of 14, was a problem, and there was an increase in prostitution due
to poor economic conditions. Women sometimes were forced into
prostitution by their families out of economic necessity. There was no
information available as to the extent of prostitution in the country.
Women were relegated to a secondary role in society. They
constituted the majority of primary agricultural laborers and small-
scale traders and almost exclusively were responsible for child
rearing. In the nontraditional sector, women commonly received less pay
for comparable work. Only rarely did they occupy positions of authority
or high responsibility. Women also tended to receive less education
than men. Women were 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. The law 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; however, in
practice women often were denied these rights, which in some cases was
consistent with traditional law. Widows commonly were stripped of all
possessions--as well as their dependent children--by the deceased
husband's family. Human rights groups and church organizations were
working to combat this custom, but there generally was no government
intervention or legal recourse available. In addition, women often did
not realize that they could improve their legal claims by obtaining
official documents that declared them to be married legally to a man.
Women also were denied custody of their children in divorce cases, but
they retained the right to visit them. Polygyny was practiced, although
it was illegal. Father-child relationships resulting from polygynous
unions were recognized legally, but only the first wife was recognized
legally as a spouse.
There were a number of active and effective women's groups in both
the Government-controlled and rebel-controlled areas of the country.
Children.--Government spending on children's programs almost was
nonexistent. Primary school education was not compulsory, free, or
universal. In public schools, parents formally were required to pay a
small fee, but parents often informally were expected to pay teachers'
salaries. Extremely poor economic circumstances often hampered parents'
ability to afford these added expenses and many children were not able
to attend school. Most schools functioned only in areas where parents
had formed cooperatives. There were reports of economic circumstances
forcing children to hunt or fish for their family's livelihood instead
of attending school (see Section 6.d.). In both the Government-
controlled and rebel-controlled areas, poverty brought on by the war
led to greatly diminished educational opportunities for girls. Parents
under severe economic hardship no longer could afford to educate both
their sons and their daughters, resulting in the withdrawal of many
girls from school. In addition, in areas under control of RCD/G and RDF
soldiers, there were numerous reports that girls dropped out of school
due to threats of rape and sexual violence by soldiers targeting the
schools (see Section 1.g.).
The number of orphans and street children increased during the
year. Street children in Kinshasa were subjected to harassment by
soldiers and police, including the rape of homeless girls. At several
points during the year, government forces rounded up children living on
the street and transferred them to group facilities outside the city.
In some of these cases, the children were not placed in adequate
facilities. However, the Government allowed international NGOs to
monitor the facilities and worked with these NGOs to transfer children
to adequate facilities. The public generally supported the police,
since the Kinshasa population was distrustful of street children, who
often committed theft and other crimes.
FGM was not widespread but still was performed on girls among
isolated groups (see Section 5, Women).
The Juvenile Code included a statute prohibiting prostitution by
children under the age of 14; however, child prostitution was a serious
problem (see Section 6.f.).
Unlike in the previous year, the Government stopped recruiting
child soldiers and continued to cooperate with UNICEF in demobilizing
child soldiers. However, rebel forces, particularly the RCD/G,
continued to recruit child soldiers, sometimes forcibly (see Section
6.c.). There were some reports that RCD/G forces arrested boys and
young men for being Mai Mai sympathizers and then forced them to train
and serve with RCD/G or RDF military. Credible reports indicated that
rebel forces forcibly conscripted boys as young as age 10, and that
RCD/G forces established recruitment quotas for its field commanders
and senior party leadership. The RCD/G claimed it was attempting to
demobilize its child soldiers, and RCD/G president Onusumba signed an
agreement with UNICEF to this effect, but there were numerous credible
reports that the RCD/G continued to recruit and conscript child
soldiers and to send them to military training camps. In addition,
there were numerous reports that the Hema militia UPC recruited a large
number of children to fight in the ethnically-based conflict in the
Ituri region. No reliable data was available on the number of children
recruited willingly versus forcibly.
Persons with Disabilities.--The law does not mandate accessibility
to buildings or government services for persons with disabilities.
There were some special schools, many staffed with missionaries, that
used private funds and limited public support to provide education and
vocational training to students who were blind or had physical
disabilities.
Persons with disabilities were subjected to discrimination in
employment, education, and the provision of other government services.
Persons with disabilities were exempt from some civil laws, such as
paying some taxes or in some cases paying customs duties.
Indigenous Persons.--There was a population of fewer than 10,000
Pygmies (Batwa), who were believed to have been the country's original
inhabitants; societal discrimination against them continued. Although
they were citizens, most Pygmies continued to live in remote areas and
took no part in the political process.
NGOs reported that some tribes in the interior of the country
captured and used Pygmies as slaves or occasionally killed a Pygmy as
part of the burial ceremony of a tribal chief.
National/Racial/Ethnic Minorities.--There were 200 separate ethnic
groups, which generally were concentrated regionally and spoke distinct
primary languages. There was no majority ethnic group; some of the
largest ethnic groups were the Luba, Kongo, and Anamongo. Four
indigenous languages, Kiswahili, Lingala, Kikongo, and Tshiluba, had
official status. French was the language of government, commerce, and
education. Societal discrimination on the basis of ethnicity was
practiced widely by members of virtually all ethnic groups and was
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 was common in large cities. Unlike in
the previous year, there was no evidence that violent conflict between
the Tutsi and Hutu ethnic groups continued inside the country; at one
point the Tutsi Banyamulenge people collaborated with Hutu militias in
the country to fight the Rwandan army, which was both Hutu and Tutsi.
Since the start of the war in 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; however, these abuses decreased
significantly during the year. Human rights groups have complained that
discrimination against persons perceived to be of Tutsi ethnicity and
their supporters was a problem.
President Kabila's cabinet and office staff were geographically and
ethnically diverse. However, a significant amount of political
influence remained in the hands of individuals (both inside and outside
the Government) from the Luba Katangan ethnic group of Kabila's father,
former President Laurent Kabila. Katangans in the FAC substantially
were more likely both to be promoted and to be paid than persons from
other regions. Since the beginning of the war, Tutsis have been absent
from the Government. The leadership and armed forces of the rebel MLC
continued to be dominated by members of the Equateur province. The RCD/
G leadership continued to be dominated by Tutsis.
Birth on national territory did not necessarily confer citizenship.
The Government did not recognize the citizenship claims of longtime
residents whose ancestors immigrated to the country, including the
Banyamulenge Tutsis from Rwanda. However, in ICD negotiations in Sun
City, the Government and most other parties agreed to grant citizenship
to the Banyamulenge. This has not yet been implemented and was on hold
until the completion of transitional government talks.
During the year in the Ituri district in Orientale province,
fighting between members of the Lendu and Hema ethnic groups (and other
smaller tribes allied with either the Lendu or the Hema) resulted in
thousands of civilian deaths and the displacement of more than 500,000
persons. UPDF and rebel factions have armed both groups and manipulated
ethnic tensions--resulting from long-standing land disputes and
colonial favoritism to the Hema--to exploit the region's resources.
There have been reports that the Rwandan government supplied and
trained Hema militias led by Thomas Lubanga, while the progovernment
RCD-ML supported Lendu combatants.
Section 6. Worker Rights
a. The Right of Association.--In areas under government control,
the law permitted all workers, except magistrates and military
personnel, to form without prior authorization and to join trade
unions. The National Union of Congolese Workers (UNTC) remained the
largest labor federation. The country's other large confederations were
the Democratic Confederation of Labor (CDT) and the Congo Trade Union
Confederation (CSC). There also were almost 100 other independent
unions, which were registered with the Labor Ministry. Some of the
independent unions were affiliated with political parties or associated
with a single industry or geographic area; however, they also had ties
to larger unions, such as the UNTC, which had more diverse membership.
Since the vast majority of the country's economy was in the informal
sector, only a small percentage of the country's workers were
organized.
The collapse of the formal economy, which was exacerbated by the
civil war, resulted in a decline in the influence of trade unions, a
tendency of employers to ignore existing labor regulations, and a
decrease in wages as jobs increasingly became scarce. The Labor Code
prohibited discrimination against unions, although this regulation was
not enforced effectively by the Ministry of Labor. The law also
required employers to reinstate workers fired for union activities. In
the public sector, the Government set wages by decree; public sector
unions acted only in an informal advisory capacity.
On October 7, the Government passed a new labor code; however the
code has not yet been published.
Police forcibly dispersed labor marches during the year (see
Section 2.b.).
Unlike in the previous year, there were no reports that security
forces arrested or detained labor leaders and activists.
Unions could affiliate with international bodies. The UNTC
participated in the Organization of African Trade Union Unity, and the
Central Union of Congo was affiliated with the World Confederation of
Labor. Both the UNTC and the CDT also were affiliated with the
International Confederation of Free Trade Unions.
In areas not under government control, there were no reports of
functioning labor unions.
b. The Right to Organize and Bargain Collectively.--In areas under
government control, the law provides for the right to bargain
collectively. The professional unions and the Congolese Business
Federation signed a cooperative agreement in 1997; however, while
collective bargaining still existed in theory, continuing inflation
encouraged a return to the use of pay rates individually arranged
between employers and employees.
The law recognizes the right to strike; however, legal strikes
rarely occurred because the law requires unions to have prior consent
and to adhere to lengthy mandatory arbitration and appeal procedures.
Labor unions were not 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 was not enforced.
On January 15, doctors held a 48-hour warning strike to protest a
bill that would allow health professionals other than doctors to manage
a health care center. The Government took no action against the
strikers.
In February workers at Starcell, a telecommunications company, went
on strike and demanded contract negotiations. ANR detained an
expatriate employer and released him only after he agreed to accept
union demands.
In January and in June, workers of the Congolese Office of Post and
Telecommunications continued a strike to protest 22 months of salary
arrears; the Government took no action against the strikers.
During much of the year, some ONATRA workers were on strike to
protest salary arrears; the Government took no action against strikers.
There were no export processing zones.
In areas not under government control, there were no regulations in
effect that governed employment or union memberships. Rebel authorities
held complete control over public and private sector workers. Rebel
authorities generally did not pay public sector employees.
c. Prohibition of Forced or Bonded Labor.--In areas under
government control, the law prohibits forced or bonded labor; however,
there were reports that Mai Mai groups and Hutu militias abducted men,
women, and children and forced them to work in rural areas (see Section
1.b.).
The law does not prohibit specifically forced and bonded labor by
children; however, the general law prohibiting forced or bonded labor
applies (see Section 6.f.). Many children were forced by their parents
to leave school and beg in the streets or work to earn money for their
families. Unlike in the previous year, there were no reports that the
Government forcibly conscripted children or adults.
There were NGO reports that some tribes used Pygmies as slaves (see
Section 5).
In areas not under government control, there were numerous reports
that rebel groups, foreign troops, Mai Mai, and Hutu militias used
forced and bonded labor. RCD/G and RDF soldiers routinely forced
civilians to carry heavy loads for them for long distances or to
transport them without pay on their bicycles, which typically were used
as taxis in many eastern cities. Armed combatants on all sides,
particularly Hutu militias and Mai Mai groups, abducted women and
children and forced them to provide household labor or sexual services,
for periods ranging from several days to several months. Rwandan and
RCD/G soldiers continued to conscript forcibly adults and children,
often forcing those they had arbitrarily arrested to train and serve
with RCD/G forces (see Section 5).
There continued to be numerous reports that the Rwandan army forced
Rwandan prisoners and Congolese civilians, including children, to mine
coltan in the Provinces of South Kivu and Maniema, especially in the
areas of Kalemie and Kalima.
On January 17, NGOs reported that Mfaume Ebombo, a civil servant,
and Burundian soldiers seized control of palm groves belonging to the
villagers in Ake I and II, Iyuwa, and Swima, South Kivu and forced the
villagers into slave-like labor, regardless of age or state of health.
Burundian soldiers reportedly patrolled the groves with whips. On
January 27, a Burundian soldier reportedly slashed M'mabi Birire with a
machete because he told the soldier he could not climb a palm tree;
soldiers also whipped Mshenji Ishibilebwa for the same reason.
d. Status of Child Labor Practices and Minimum Age for
Employment.--In areas under government control, the legal minimum age
for full-time employment without parental consent 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. The employment of children of all ages was
common in the informal sector and in subsistence agriculture, which
were the dominant portions of the economy. Such employment often was
the only way a child or family could obtain money for food. Larger
enterprises generally did not exploit child labor. Neither the Ministry
of Labor, which was responsible for enforcement, nor the labor unions
effectively enforced child labor laws.
There continued to be reports that forced child labor occurred (see
Section 6.c.).
In areas not under government control, there were numerous credible
reports that rebel groups, foreign troops, Mai Mai, and Hutu militias
used forced child labor (see Section 6.c.).
e. Acceptable Conditions of Work.--In areas under government
control, most citizens were engaged in subsistence agriculture or
commerce outside the formal wage sector. The average wage did not
provide a decent standard of living for a worker and family. Most
workers relied on extended family and informal economic activity to
survive. The low salaries of police, soldiers, and other public
officials (and the non-payment of salaries) encouraged many of these
officials to extract bribes. The maximum legal workweek (excluding
voluntary overtime) was 48 hours. One 24-hour rest period was required
every 7 days.
Civil servant salaries remained very low, ranging between $4 (1,600
Congolese francs) and $20 (8,000 Congolese francs) per month, and
salary arrears continued to be a problem. However, depending on their
position, civil servants frequently supplemented their incomes through
various practices of corruption. The Congolese Credit for Development
fund (CCD), which was announced in July 2001, has not yet been
implemented.
On July 3, the Government passed a new minimum wage law, which
provided public and private sector workers with a minimum daily wage of
$.86 (335 Congolese francs); however, on October 14, the Government
announced that due to fiscal constraints, public salaries would not be
raised to comply with the minimum wage. Some public ministry workers
subsequently went on an extended strike (see Section 6.b.).
The Labor Code specifies health and safety standards. The Ministry
of Labor officially was charged with enforcing these standards, but it
did not do so effectively. No provisions in the Labor Code permitted
workers to remove themselves from dangerous work situations without
jeopardy to their continued employment.
The law provides for the protection of legally documented foreign
workers.
In areas not under government control, rebel authorities did not
address employment issues or health and safety standards. There were
few jobs available in the formal sector. Employees of RCD/G-controlled
parastatals remained unpaid. Most citizens in rebel-controlled
territory were engaged in subsistence agriculture or commerce outside
the formal wage sector. The average wage did not provide a decent
standard of living for a worker and family. Due to extended pillaging,
extortion by armed groups, and instability forcing families to flee
their homes and crops, poverty and economic hardship generally were
more severe in areas held by rebels and foreign troops than in areas
under government control. Most citizens relied on informal economic
activity, humanitarian aid, and scavenging in the forests. Salary
arrears for police, soldiers, and other public officials encouraged
extortion and theft from the population.
f. Trafficking in Persons.--In areas under government control,
there were no specific laws that prohibited trafficking in persons, and
trafficking occurred; however, there were laws prohibiting the
corruption or debauchery of minors under the age of 21. The Government
also was a party to the Convention on Repression of Trafficking of
Human Beings and Exploitation of Third Party Prostitution; the
Additional Convention Relating to Child Rights; and the Optional
Protocol on the Sale of Children. Unlike in previous years, there were
no reports that women were trafficked for sexual purposes to Europe;
however, child prostitution was common in Kinshasa and in other parts
of the country. There were reports during the year that girls were
forced into prostitution to earn money for their families.
The Government had few programs in place to prevent this practice.
The Government coordinates with other countries on trafficking issues
and has attended some regional meetings on trafficking in persons;
however, government efforts to combat trafficking were limited by a
lack of resources and information, and because much of the country's
trafficking problem occurred in areas controlled by rebel groups and
foreign armies. The Government has not investigated vigorously or
prosecuted trafficking cases. The Government has no resources for
training; however, it permits training of officials by the Government
of France and by NGOs. The Government does not coordinate with other
countries on trafficking issues and has no funding for protection
services. Victims are not prosecuted.
In areas not under government control, there continued to be
reports that the RCD/G, RDF, Mai Mai, Hutu militias, MLC, and other
armed groups kidnaped men, women, and children and forced them to
provide menial labor or sexual services for members of the armed group.
Many of the victims were held for periods of several days to several
months. Specific information was difficult to obtain because NGO access
was hindered and because victims were reluctant to discuss their
experiences because of possible reprisal from the perpetrators and the
social stigma attached (see Section 5).
The Government repeatedly has criticized severely the abduction of
women and children by armed groups in areas of the country not under
government control. On May 28, the Government filed a case against
Rwanda in the World Court, accusing Rwandan soldiers of killing,
raping, and kidnaping civilians in the country.
__________
REPUBLIC OF CONGO \1\
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\1\ The United States Embassy evacuated its facilities in the
country during the 1997 civil war and subsequently operated out of the
American Embassy in the Democratic Republic of the Congo; however, in
late 2001, operations resumed, and at least one American diplomat
usually was present in the country during the year.
---------------------------------------------------------------------------
The Republic of the Congo is ruled by a government in which most of
the power was vested directly in the President. Denis Sassou-Nguesso
was elected President by a large majority of voters in March, and in
May and June legislative elections were held for the Senate and the
House of Delegates in most jurisdictions. Both the presidential and
legislative elections were determined to be generally free and fair and
``not to contradict the will of the people'' by independent monitors;
however, there were some flaws and irregularities in the administration
of the elections, which caused lingering credibility issues for some
persons in the international community and certain nongovernmental
organizations (NGOs). The Government took office in August, and the
legislature began work in October. Because of security problems,
elections in some jurisdictions in the Pool region had not yet been
held. Antigovernment Nsiloulou Ninja militiamen operated principally in
the northern and central Pool regions and the conflict heated up in
parts of the Pool. The judiciary was corrupt, overburdened,
underfinanced, and subject to political influence.
The security forces included the police, the Gendarmerie, and the
armed forces; however, the functional distinction between these forces
was not always clear. In theory the police should be the first to
respond to security incidents, with gendarmes and army units
intervening later if necessary; however, in practice overlapping
operations were common. The Government did not have full control over
some individual members or units of the security forces. The Angolan
armed forces that were in the country under a bilateral agreement to
provide security had departed by year's end. During the year, some
Angolan units had moved into the Pool to help secure the railroad
following the March attacks by an antigovernment militia and provided
security on other occasions. Some members of the security forces
committed serious human rights abuses.
The economy 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 an estimated one-third of the
country's approximately 3 million population normally resided. Oil and
timber exports remained the country's main sources of foreign exchange.
Although per capita gross domestic product was estimated in 2001 at
approximately $700, this figure included substantial oil export
revenues, which were not distributed widely throughout the population.
Approximately 70 percent of the population lived in poverty. Lack of
transparency and inefficient government impeded rehabilitation and
development.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Security forces were responsible
for extrajudicial killings, as well as summary executions, rapes,
beatings, physical abuse of detainees and citizens, arbitrary arrest
and detention, looting, solicitation of bribes and theft. There were
credible reports that the Government deployed undisciplined forces
during the year in the Pool region. Prison conditions were poor. The
judiciary was unable to ensure fair and expeditious trials. The
Government and its political allies continued to monopolize domestic
broadcast media; however, private newspapers circulated freely and
often were critical of the authorities. There were some limits on
freedom of movement. Domestic violence and societal discrimination
against women were serious problems. Discrimination on the basis of
ethnicity remained widespread, including against minority indigenous
Pygmies. Child labor was a problem. There were unconfirmed reports of
the recruitment of child soldiers. There were reports of trafficking in
persons. Citizens sometimes resorted to vigilante justice and killed
suspected criminals.
Rebel militias committed serious human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
during the year of extrajudicial killings by security forces,
particularly in the Pool region where the armed forces were fighting a
rebel militia. Unlike in the previous year, there were no reports that
police killed persons who fled arrest.
There was one report in that security forces summarily executed
several soldiers responsible for killing an entire family. During the
year, the Government deployed undisciplined troops on two occasions in
Brazzaville and such forces were deployed in the Pool throughout the
year (see Section 1.c).
No action was taken against members of the security forces
responsible for the following killings in 2001: The September killing
of a suspected thief and the killing of a person believed to have
threatened the security of a government minister.
There were no developments in the July 2001 conviction of five
police officers, who had been dismissed for their involvement in the
November 2000 overcrowding and suffocation of 12 persons in jail. At
year's end, they still were awaiting a decision on their sentencing by
a civilian court in Pointe Noire.
No action reportedly was taken against members of the security
forces responsible for the following killings or other deaths in
custody in 2000: The death in custody of Gabriel Louya; the August
killings of two family members of a policeman; and the September
killing of a civilian during a dispute between security forces.
From March to year's end, many civilians were killed when rebel
militia forces raided villages. In addition, rebel militia members
kidnaped and allegedly killed a French priest (see Section 1.b.). Some
9,000 persons who had fled the fighting were in refugee camps outside
Brazzaville at year's end.
There continued to be occasional deaths due to mob violence, as
civilians took vigilante action against presumed criminals, or as
individuals settled private disputes; however, police at times
intervened to stop such action. For example, in November in a northern
village a Rwandan refugee burned to death a Congolese woman as a result
of a dispute. The Rwandan turned himself in to police to avoid mob
action. Some villagers attacked and looted a Rwandan neighborhood. No
action was taken against most of the persons who participated in mob
violence. Some of the villagers were arrested; however, they
subsequently were released.
b. Disappearance.--In March, following an attack by Nsiloulou
Ninja's militia on the railroad, the army began a campaign in the Pool
region to suppress the militia. In July there were reports that at
least 20 young men suspected of supporting the antigovernment Nsiloulou
militia were arrested and taken away (see Section 5). Their whereabouts
were unknown at year's end.
In August 2001, the Government appointed a special commission of
the National Transitional Council (CNT) to investigate allegations that
353 young men who took refuge in the Democratic Republic of the Congo
(DRC) in 1999 were separated from their families by security forces
upon returning to Brazzaville in May 1999, and subsequently
disappeared. The commission's report, which was to include other
disappearances due to civil hostilities since 1993, was given to the
Ministry of Justice in August shortly before the CNT was dissolved and
the newly elected parliament was installed. The report was not made
public by year's end. In December 2001, families of the disappeared
filed suit in the International Court of Justice (ICJ) in Brussels
accusing members of the Government, including President Sassou, of
crimes against humanity. During the year, a French court began an
investigation into the case. General Norbert Dabira, Inspector General
and Logistics Chief of the Army, appeared before the court and denied
involvement. In October the French court questioned Gerard Bitsindou, a
former minister. The Government objected to his continued involvement
in the court proceeding on the grounds that the court lacked
jurisdiction. In December the Government filed suit in the ICJ to
prevent French courts from exercising jurisdiction over members of
President Sassou's government. The ICJ ruled that the court would not
have jurisdiction until it received France's consent.
The rebel Nsiloulou militia kidnaped a French priest and an army
officer. The priest was later found dead and most observers believed
followers of Frederic Bitsangou, also known as Pastor Ntoumi, killed
him. On December 4, a group of armed men identified by the Government
as Nsiloulou militia members kidnaped two employees of the
International Committee of the Red Cross (ICRC). They were released
unharmed by year's end.
c. Torture and other Cruel and Inhuman Treatment or Punishment.--
The Constitution prohibits acts of torture and cruel, inhuman, or
degrading treatment; however, in practice security forces sometimes
used beatings to coerce confessions or to punish detainees. There were
reports that female detainees were raped. Some members of the security
forces beat citizens and looted their homes (see Section 1.f.), and
frequently extorted money and cellphones from travelers at checkpoints
(see Section 2.d.). No action was taken against responsible personnel
by year's end.
There were reports that undisciplined government forces committed
abuses such as summary executions, rape, looting, and other violent
acts, primarily in the Pool region but also in Brazzaville. In the Pool
region, the Government forces reportedly included Angolan soldiers and
mercenaries of Rwandan origin who severely mistreated the local
population.
During negotiations in April for the surrender of Ninja militia
members in Brazzaville, shots were fired in some southern neighborhoods
of Brazzaville, which caused the residents of the area to panic and
flee. Some army and police forces, who were in the area to ensure
security during the surrender negotiations, robbed, beat, and in some
cases raped the fleeing citizens. Subsequently, drunken soldiers
threatened to kill an international humanitarian worker who refused to
surrender her cellphone. After 2 days, during which homes and stores
were looted, the soldiers were replaced with more disciplined troops;
however, no action was taken against the responsible soldiers by year's
end.
In June the Nsiloulou Ninja militia supporters of Pasteur Ntoumi,
attacked the Brazzaville airport. Government forces fought the
attackers, which caused residents of nearby neighborhoods to flee.
Government soldiers again robbed and abused the fleeing citizens.
Authorities responded forcefully by identifying and dismissing certain
police officers and soldiers and returning stolen goods to the owners.
There were no developments in the August 2001 case in which
dissatisfied soldiers threw a grenade at the home of the Defense
Minister.
Members of the police received training in human rights from local
NGOs in 2001, and on several occasions, high-ranking police officials
gave speeches exhorting police officers and officials to respect
civilians and their rights. During the year, the U.N. and the ICRC
provided additional human rights training.
Prison conditions remained poor due to overcrowded facilities and
scarcity of resources to provide food or health care to the inmates.
Prisons functioned in Brazzaville and Pointe Noire and to a lesser
degree in the smaller, more remote towns of Owando, Ouesso, and
Djambala. The Ministry of Justice continued to repair some prisons
during the year; however, lack of funds hindered efforts to improve
physical facilities and to provide food and medicine.
Detainees held at police stations often were subjected to beatings,
overcrowding, extortion, and other cruel, inhuman, or degrading
treatment. A group of 17 persons who spent 16 months in prison in
Impfondo between 1998-1999 filed a complaint in Pointe Noire in 2000
against the Government alleging cruel and inhuman treatment, including
torture, during their incarceration. In August 2001, dissatisfied with
the pace of justice, they filed a complaint in a Belgian national
court. This court eventually determined it lacked jurisdiction, and the
case was dismissed during the year.
Women were incarcerated with men, and juveniles were held with
adults. Pretrial detainees were detained with convicted prisoners.
Access to prisons and detention centers by domestic and
international human rights groups continued to be granted. Local human
rights groups, including the Congolese Observatory for Human Rights
(OCDH), the Association for the Human Rights of the Incarcerated
(ADHUC), the National Counsel for the Promotion and Protection of the
rights of Detained Persons (CNPDH), and a Catholic Church organization
visited prisons during the year. The ICRC continued regular visits to
prisons and detention centers throughout the country.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, security forces
frequently committed such acts. For example, the husband of a
journalist was arrested without a warrant and taken from his home
following a complaint by a prominent clergyman that the journalist's
employer had published a report that the clergyman was involved in the
abuse of female refugees. The journalist followed the arresting
officers and arranged for her husband's release by appealing to the
officers' superiors.
The Code of Penal Procedure, which remained 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 violated these legal provisions.
Detainees usually were informed of the charges levied against them, and
lawyers and family members usually were given access to them. There is
a system of bail called a ``caution"; however, more than 70 percent of
the population has an income below poverty level and usually cannot
afford to pay bail.
During the year, government forces arrested young ``southern'' men
following militia attacks (see Sections 1.b. and 5).
The Constitution prohibits forced exile; however, in the past, the
Government has blocked the return of some citizens. For example, some
officials of the previous government, including former President
Lissouba and former Prime Minister Kolelas, remained outside the
country. Kolelas' attempts to return failed on at least two occasions
in 2001 when the Government intervened and airlines refused to
transport him. Many other officials of the former government, including
cabinet members, have returned to the country and resumed political
activity. A few were elected to the new Parliament. During the year,
none of the more senior exile leaders attempted to return.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary continued to
be corrupt, overburdened, underfinanced, and subject to both political
influence and bribery. Lack of resources continued to be a severe
problem; almost nothing remained of judicial records, case decisions,
and law books following the looting during the civil wars of the late
1990s. The Ministry of Justice continued slowly to rehabilitate
courthouses during the year.
The judicial system consists of local courts, courts of appeal, the
Supreme Court, and traditional courts. In addition, two new judicial
bodies were added under the new Constitution: The Constitutional Court
(to supervise elections and judge the constitutionality of laws) and
the High Court of Justice (whose function is to try a President accused
of treason). 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 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 reached
the court system.
The Government established military tribunals to try soldiers for
abuses committed during periods of conflict. During the year, the
tribunals were active; however, the sessions were not public.
In December 2001, in addition to previous convictions, former
President Lissouba was convicted in absentia of high treason and
sentenced to 30 years hard labor plus a fine of approximately $37
million (25 billion FCFA) (see Section 3.).
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, in
practice security forces at times illegally entered, searched, and
looted private homes. During the year, military, gendarmerie, and
police forces occasionally beat civilians and looted their homes
sometimes in revenge for complaints filed by the civilians against
them. During the period following the shootings in April and the June
Ninja attack on the Brazzaville airport (see Section 1.c.), such
incidents briefly became common. More responsible officers attempted to
restrain their troops but with varying degrees of success. In the areas
of the Pool where government security forces and affiliated forces were
fighting the Nsiloulou Ninjas, reports of such behavior by the army
were common.
Citizens generally believed that the Government monitored private
mail and telephone communications; however, there were no reports that
security forces arrested persons due to the content of their private
communications.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and of the press, although it also criminalizes
certain types of speech such as incitement to ethnic hatred, violence,
or civil war, and the Government generally respected these rights;
however, it continued to monopolize broadcast media. In 2001 the Press
Law was modified. While maintaining monetary penalties for defamation
and incitement to violence, the law no longer requires prison terms for
violators, including cameramen, editors, and other working members of
the press. The law also applies to include the Internet and business
public relations operations.
There was no state-owned newspaper. There were 15 to 20 private
newspapers that appeared weekly in Brazzaville. Some of these
newspapers take editorial positions critical of the Government and
print articles disparaging authorities. Newspapers continued to publish
on occasion open letters written by opponents of the Government who
were in prison or lived abroad. The print media did not circulate
widely beyond Brazzaville and Pointe Noire; however, it reached
approximately two-thirds of the population.
Most citizens obtained their news from the broadcast media,
primarily radio, which effectively remained a government monopoly.
Government-owned Radio Congo and Radio Brazzaville broadcast
approximately 18 hours a day; government-owned Television Congo
broadcast for fewer hours. A local FM station rebroadcast Radio France
International and Voice of America (VOA), and British Broadcasting
Corporation (BBC) retransmissions were available. Radio and television
broadcasts from neighboring DRC were received in Brazzaville. The
private independent station, Radio Liberte continued to broadcast.
Local rebroadcasts of the Gabon-based Africa Number One also continued
during the year. A Christian missionary group in Pointe Noire received
permission to broadcast during daylight hours; it voluntarily provided
its broadcast material to the Government prior to broadcast. The news
coverage and the editorial positions of the state-owned media reflected
government priorities and views.
Government broadcast media focused its attention on the activities
of government officials and their supporters; there was no meaningful
airing of alternative political views.
Internet service was available through two private companies in
Brazzaville, and two companies based in Kinshasa, DRC. The Government-
controlled provider ceased operations in the late fall. Several
Internet cafes also provided access, and private persons with
sufficient money could access the Internet directly via satellite and
service providers in Brazzaville, Pointe Noire, or the DRC.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights 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 reports
that the Government withheld permission during the year.
The law permits associations, political parties, and other groups
to form freely, provided that they respect principles of sovereignty,
territorial integrity, national unity, and democracy. All groups,
political, social, or economic, were generally required to register
with the Ministry of Interior, which in August was divided into the
Ministry of Security and Police and the Ministry of Territorial
Administration. No political parties were banned or suspended. The
parties of some prominent leaders of the former government continued to
operate.
c. Freedom of Religion.--The Fundamental Act provides for freedom
of religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, in practice the Government imposed some limitations.
Military and police checkpoints, which at times interfered with the
movement of civilians, continued to operate during the year, and
soldiers frequently extorted money and cellphones from private persons
and commercial traders to permit passage through these checkpoints.
Following the March and June Nsiloulou militia attacks on the railroad
and Brazzaville's airport (see Section 1.c.), the Government restricted
travel in the Pool region. The inhabitants were requested to depart to
avoid being injured by government forces in pursuit of the Nsiloulou
militia and their supporters. Movements by international organizations
and NGOs were restricted due to the security situation. Permission to
enter the area of conflict could be obtained only from the Ministry of
Security and Police.
Unlike in the previous year, there were no reports that the
Government intervened to prevent the return of anyone to the country;
however, no senior member of the opposition tried to return during the
year.
There were no reports of the prevention of the return of displaced
persons; however, train service was disrupted following attacks on it
by the Nsiloulou Ninja militia during the year.
During the civil conflicts, tens of thousands of citizens fled into
neighboring countries, particularly Gabon and the DRC. Approximately
45,000 persons fled to the Bas-Congo province of the DRC; however, all
but approximately 5,000 had been repatriated to the country by year's
end. Approximately 15,000 citizens fled to Gabon and, according to U.N.
figures, 9,000 persons remained there at year's end. In 2001 the U.N.
High Commissioner for Refugees (UNHCR) signed a tripartite accord with
the Government and the Government of Gabon for the return of these
persons. According to the UNHCR, fewer than 700 such persons had
returned to the country by year's end.
The Constitution 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 granted first
asylum to refugees from other countries. The country continued to host
a small number of Burundians and approximately 7,000 Rwandans, largely
members of the Hutu ethnic group, who fled camps in the eastern part of
the DRC in 1996 and arrived in the country mainly in 1997. The
Government, in collaboration with the UNHCR, integrated approximately
2,000 of these refugees in the north-central regions of the country;
however, some remained loosely grouped in an encampment north of
Brazzaville, and others have integrated informally into society.
Humanitarian NGOs reported that there were 20,800 Angolan refugees in
Pointe Noire at the end of 2000. Of these, approximately 3,000
continued to receive some UNHCR assistance in camps during the year;
the remaining approximately 16,000 were integrated into the local
communities or repatriated.
More than 100,000 refugees and several hundred combatants,
including DRC troops, have fled to the northern Cuvette and Likouala
regions of the country due to fighting in the DRC's Equateur Province
since 1999; some were repatriated to Kinshasa. Lack of roads and
airstrips, and insecurity along the Congo and Ubangui rivers,
complicated humanitarian access to these refugees. Beginning in
September 2001, a series of joint river patrols by government and DRC
authorities improved the security situation and permitted relatively
safe river travel as far north as Impfondo. Humanitarian organizations
were able to provide materials to the refugees as far north as Betou
(see Section 4). With the beginning of the intra-Congolese dialog, some
refugees from this area were able to cross the river to their former
homes; however, few felt safe enough or wished to return permanently.
In April authorities arrested and repatriated forcibly to the DRC 19
DRC refugees. Some of these individuals had refugee status applications
pending with the UNHCR; however, none had been granted formal refugee
status by the UNHCR because of their possible involvement in human
rights abuses as former members of the DRC's security and intelligence
services. Their families and colleagues, who had received provisional
refugee status, remained in the country, and during the year, they were
moved within the country for security reasons. In October some refugees
from the Central African Republic (CAR) fled to the country following
an coup attempt in Bangui; however, most had returned to the CAR by
year's end.
There were no reports of the forced return of persons to a country
where they feared persecution during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
With a Constitution and the holding of elections during the year,
citizens generally had the right to change their government peacefully.
Presidential and legislative elections held over a period of nearly 6
months in two rounds per election were determined ``not to contradict
the will of the people'' by independent observers, despite obvious
flaws like insufficient numbers of ballots at certain polling stations
and confusion over their locations. In addition, key documents, such as
the Constitution, and the elections were viewed by some foreigners as
designed to protect the status quo. International observers for the
presidential elections in March included the Organization of French-
Speaking Countries, the European Union, and the African Union. Local
observers included NGOs. There were fewer international observers for
the legislative elections. Most foreign observers based in the country
concluded that elections were reasonably free and fair and did not
thwart the will of the people, although they were flawed and remained
incomplete at year's end due to an ongoing armed insurgency in the Pool
region. Administrative improvements also were noted in each round.
The Sassou-Nguesso government came to power by force of arms in
1997 with the help of the armed forces of Angola. During the 1998
national reconciliation forum, the Government announced its intention
to enact a new constitution and hold elections within 3 years. The
draft Constitution was approved by the CNT in November 2001, and
approved by a referendum on January 20.
The Constitution gives the President extraordinary power. He
presides over the Council of Ministers and proposes legislation. The
President also directly appoints three members of the nine-person
Constitutional court, appoints from a list four more members, and names
its president from among its members. Although the Parliament votes the
budget, most of the day-to-day responsibility for government operations
was in the hands of the executive branch, and the President can decree
a budget that has been rejected twice by the Parliament.
The state remained highly centralized. Since the 1997 civil war,
key regional and local leaders have been appointed by the central
government. Subnational government entities lacked an independent
revenue base and did not represent a significant check on central
authority.
Major political parties included the ruling Congolese Workers'
Party (CNP), 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. There were as many as 200 other parties; however, most
generally were ineffective. Some party leaders remained in exile while
other party officials willing to cooperate with the Government or to
oppose it nonviolently returned to or remained in the country.
Opposition parties were able to campaign openly during the year, hold
rallies and press conferences, and place their supporters inside
polling places to monitor elections. The opposition was ineffectual and
divided. Some parties asked their supporters to boycott the elections
and withdrew their candidates. During the election campaign, certain
candidates were accused of intimidation, incitement to violence, and
cheating; such candidates were disqualified from participation in the
election. Nevertheless, opposition parties were publicly encouraged to
field candidates, to furnish observers, and to participate in pre-
election activities. Television broadcasts provided airtime to
opposition politicians; however, government candidates were provided
more airtime. Newspapers freely expressed the entire range of
opposition opinion. There were a few reports of intimidation of
candidates and voters; however, the opposition allegedly was
responsible for about 40 percent of the incidents. There was no
cohesive opposition, and many of the political parties were more
personality-centered than they were representative of a constituency.
In 1998 the CNT 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 threat of charges under
this law may have dissuaded exiled political figures from returning to
the country. In 1999 a court convicted in absentia former President
Lissouba of plotting to kill President Sassou-Nguesso, and in 2000 a
court convicted in absentia former Prime Minister Kolelas of torture
and other crimes during the 1997 civil war. In December 2001, Lissouba
was again convicted, this time for high treason, and sentenced to 30
years' hard labor (see Section 1.e.). Nevertheless, many senior
officials of the former government, including a number of former
cabinet ministers, returned to the country and resumed political
activities without incident.
There were no legal restrictions on political participation by
women or minority populations. There were 9 women in the 60-seat Senate
and 12 women in the 137-seat House of Delegates. There were 5 female
ministers in the 33-member Cabinet. There was one female candidate in
the presidential election.
Pygmies continued to be excluded effectively from social programs
and the political process, in part due to their isolation in remote
forested areas of the country. The Cabinet included members of many
ethnic groups from all areas of the country. Many key posts were held
by northerners, including members of the President's Mbochi ethnic
group; however, no ethnic or regional group was overly represented.
Members of ethnic groups, who did not support the Government during the
war, have been permitted to return to their former government jobs.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups generally operated with
minimal government restriction, investigating and publishing their
findings on human rights cases; however, some human rights leaders
maintained that at times they were subjected to subtle forms of
intimidation, including phone calls of a harassing nature.
Nevertheless, they continued to publish reports that were highly
critical of the Government with no apparent reprisal. Government
officials generally were uncooperative and unresponsive to human rights
groups.
In late December, the Council of Ministers approved a draft law for
the formation of a national human rights commission and forwarded it to
the Parliament for consideration.
The ICRC maintained an office in Brazzaville. During the year, the
security situation in large parts of the Pool region deteriorated.
Following the Nsiloulou Ninja attacks in March and April, humanitarian
and international organizations were required to coordinate in advance
with government authorities their movements in the Pool region. On
occasion, access was denied on security grounds. On December 4, two
staff members of the ICRC, a delegate and a local staff person, were
kidnaped in the Pool region; they later were released unharmed (see
Section 1.b.). The Government and the DRC continued joint border
patrols on the Congo and Ubangui rivers, further improving the general
security situation and discouraging bandits and undisciplined military
units from randomly targeting civilians and refugees (see Section
2.d.). Humanitarian organizations were able to provide materials to the
refugees as far north as Betou.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution specifically prohibits official discrimination;
however, societal discrimination persisted in practice, particularly
against women and Pygmies. Ethnic and regional differences continued;
however, there was no organized societal violence during the year.
Women.--Domestic violence against women, including rape and
beatings, was widespread but reported rarely. Domestic violence was
handled within the extended family and only the more extreme incidents
were brought to the police. There were no specific provisions under the
law for spousal battery, apart from general statutes prohibiting
assault. Rape is illegal, and widespread rape during the 1998-1999
civil conflict raised public awareness of violence against women. NGOs,
such as the International Rescue Committee, the ICRC, and Medecins Sans
Frontieres, continued to draw attention to the issue and provided
counseling and assistance to victims.
Female genital mutilation (FGM) was not practiced indigenously, but
may have occurred in some of the small immigrant communities from
countries where it was more common.
The Constitution provides for the equality of all citizens,
prohibits discrimination based on gender, and stipulates that women
have the right to equal pay for equal work; however, in practice women
were underrepresented in the formal sector. Most worked in the informal
sector and thus had little or no access to employment benefits. Women
in rural areas especially were disadvantaged in terms of education and
wage employment and were confined largely to family farming, petty
commerce, and childrearing responsibilities.
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
lost all rights of inheritance upon the death of her spouse, especially
in the context of traditional or common law marriages. The symbolic
nature of the dowry set in the Family Code often was not respected, and
men were forced to pay excessive bride prices to the woman's family. As
a result, the right to divorce was circumscribed for some women because
they lacked the financial means to reimburse the bride price to the
husband and his family. This problem was more prevalent in rural areas
than in urban centers.
A number of NGOs worked on women's problems; however, their
effectiveness varied widely. The new Cabinet included a ministry of
Social Solidarity, Humanitarian Affairs, Disabled War Veterans, and
Family Affairs, which was headed by a woman. A second ministry, the
Ministry of Agriculture, Livestock, Fisheries, and Women's' Affairs,
also was headed by a woman. This ministry included a Secretary of State
delegate to the ministry whose portfolio was for women's affairs and
the involvement of women in development.
Children.--The Constitution provides children equal protection
under the law. Education was compulsory and free until the age of 16
years. Girls and boys attended primary school in equal numbers;
however, school attendance by girls declined precipitously at the high
school and university levels. In 1997 the literacy rate was 77 percent
for the total adult population but only 70 percent for women. Current
literacy rates were unknown but were believed to have fallen due to the
widespread destruction of schools and displacement of persons by the
political instability and physical insecurity during much of the 1990s.
Teenage girls were often pressured to exchange sex for better
grades. This practice resulted in both the spread of HIV/AIDS and
unwanted, unplanned pregnancies, which were considered social problems.
FGM may be performed on girls in some immigrant communities (see
Section 5, Women).
There were indigent street children in Brazzaville, and their
numbers have grown as a result of civil conflict since 1997. In
addition, children from the DRC easily crossed the river by stowing
away on the ferry, which crossed several times per day, to seek
improved living conditions. UNICEF estimated that at least 20 percent
of street children in Brazzaville were from the DRC; however, NGO
estimates were as high as 50 percent or more. Children from the DRC
also were found in Pointe Noire. The children were not known to suffer
from targeted abuse by government authorities or vigilante groups;
however, they were vulnerable to sexual exploitation and often fell
prey to criminal elements including drug smugglers. Many of the street
children beg or sell cheap or stolen goods to support themselves. Some
may have turned to prostitution or petty theft.
There were unconfirmed, anecdotal reports that children were
recruited as soldiers for service in the Pool region after the April
violence in Brazzaville.
Persons with Disabilities.--The Constitution prohibits
discrimination based on physical condition; however, in practice this
prohibition generally was not enforced, because the Ministry
responsible for implementation of this provision lacked the necessary
funds. There was no overt discrimination against persons with
disabilities in employment and education. There were no laws mandating
access for persons with disabilities.
Indigenous Persons.--The Constitution prohibits discrimination
based on ethnicity; however, the indigenous Pygmy ethnic group, who
numbered in the tens of thousands and lived primarily in the northern
forest regions, did not enjoy equal treatment in the predominantly
Bantu society. Pygmies were marginalized severely in the areas of
employment, health, and education, in part due to their isolation in
remote forested areas of the country and different cultural norms.
Pygmies usually were considered socially inferior and had little
political voice. Many of them had never heard of the concept of voting
and had minimal ability to influence government decisions affecting
their interests. Human rights groups were preparing a small, foreign
government-funded program of education on their rights for the Pygmies.
There was no credible information on whether the traditional
practice of Pygmies working as indentured servants for Bantus continued
during the year. Many Pygmies, possibly including children, have been
exploited as cheap labor and discriminated against in employment,
education, and the health sector by Bantus; however, there was little
information regarding the extent of the problems during the year.
National/Racial/Ethnic Minorities.--The Constitution prohibits
discrimination based on ethnicity; however, the Government did not
enforce this prohibition effectively, and in practice ethnic
discrimination persisted. Former civilian employees of the Government
were encouraged to return to their former jobs even though they are
from ethnic groups that opposed the Government during the civil war and
the disturbances that followed. There were reports that security forces
arrested young ``southern'' men following the April shootings in
Brazzaville and an attack on the airport in June. The ``Ninja'' militia
members were believed to be from southern ethnic groups, and the young
men were accused of being supporters of the attacking militia (see
Section 1.b.).
Four major ethnic groups made up approximately 95 percent of the
country's population; these groups spoke distinct primary languages and
were concentrated regionally outside of urban areas. The largest ethnic
group was the Kongo, who constituted the main ethnic/linguistic group
in the southern part of the country and approximately half the
country's population. Within the Kongo group were various subgroups,
including the Lari and the Vili. Other major ethnic groups included the
Teke of the central region, with approximately 13 percent of the
population, and the Mbochi of the northern region, with approximately
12 percent of the population. Societal ethnic discrimination was
prevalent among virtually all ethnic groups, and was evident in private
sector hiring, buying patterns, and de facto segregation of many urban
neighborhoods. The relationship between ethnic, regional, and political
cleavages was inexact, and supporters of the Government included
persons from a broad range of ethnic and regional backgrounds.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides workers
with the right to form unions, and the Government respected this right
in practice. Any worker, except members of the ``Forces Publiques,''
which included police, gendarmerie, and Armed Forces, was free to join
a union of his choice. There are two recognized trade unions in the
country, the Confederation des Syndicates de Travailleurs du Congo, and
the Congo Confederation des Syndicats Libres Autonomes du Congo. 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 were union members, and unions made efforts to
organize informal sectors such as agriculture and retail trade.
Employers were prohibited from discriminating against employees who
join a union. There were no reported firings for union activities;
however, salaries were withheld from teachers who attempted to strike.
Unions were free to affiliate with international trade unions, and
they maintained cooperative accords with foreign trade union
organizations, such as the International Labor Organization (ILO) and
the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The Labor Code
allows for collective bargaining, and this right was respected and
practiced freely. However, collective bargaining was not widespread due
to the social and economic disruption and extreme hardship that
occurred during much of the 1990s. The Government set industry-specific
minimum wage scales; however, unions usually were able to negotiate
higher wages for their members.
The Constitution also affirms workers' right to strike, subject to
conditions established by law. Unions were free to strike after filing
a letter of intent with the Ministry of Labor, thereby starting a
process of non-binding arbitration under the auspices of a regional
labor inspector from the 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. No formal strikes
occurred during the year; however, some informal work stoppages
occurred over wages and ended when an increase was forthcoming.
In 2001 the Government sought organized labor's agreement to a
``social truce'' during the period of post-conflict reconstruction,
which was opposed by some labor organizations. The Government accepted
certain conditions, such as regularization of salaries and rehiring of
certain workers in several sectors; these conditions continued to be
observed. Banks and pension funds were stolen before the civil war.
Civil service retirees did receive payments, but they were minimal.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, such
practices occurred. There was no credible information on whether
Pygmies were forced to work as indentured servants for Bantus. Bantus
have exploited many Pygmies, possibly including children; however,
little information was available regarding the extent of the problem
during the year.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under the Constitution, children under age 16 are not
permitted to work; however, in practice this law generally was not
enforced, particularly in rural areas and in the informal sector in
cities. Children worked with their families on farms or in small
businesses in the informal sector without government monitoring or
supervision. The Ministry of Labor, which is responsible for enforcing
child labor laws, concentrated its efforts only on the formal wage
sector. In September 2001, the Government and UNICEF jointly conducted
a survey of the extent of child labor and its effects on society;
however, the results were not available by year's end. Following the
April shootings in Brazzaville, there were unconfirmed reports of
street children being recruited for military service in the Pool
region. The Government denied that recruitment of child soldiers was
authorized and was opposed to child soldiers; however, unofficial
sources indicated that the children were not forced, but rather enticed
by offers of money and new clothing. According to the draft ILO study
on child soldiers, most child soldiers involved in the civil conflicts
in 1997 and 1998 were actually volunteers with a variety of
motivations, including the participation of family members, the desire
for revenge, and the desire to enter the army.
There were unconfirmed reports of forced child labor (see Section
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 was approximately $75
(50,000 CFA francs) per month. It was not sufficient to provide a
worker and family with a decent standard of living. High urban prices
and dependent extended families obliged many workers, including
teachers and health workers, to seek secondary employment beyond their
principal employment.
Although health and safety regulations require twice yearly visits
by inspectors from the Ministry of Labor, in practice such visits
occurred less regularly. While unions generally were vigilant in
calling attention to dangerous working conditions, the observance of
safety standards often was lax. Workers have no specific right to
remove themselves from dangerous working conditions without risking
loss of employment. Legal foreign workers were protected by the same
law that protected citizen workers; illegal workers were not protected
by the law and faced deportation.
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and there were reports that persons were
trafficked to, from, or within the country.
An ILO study conducted in 2000 in Yaounde, Douala, and Bamenda,
Cameroon, indicated that regional traffickers transported children
between the Republic of the Congo, and Nigeria, Benin, Niger, Chad,
Togo, and the Central African Republic, through Cameroon.
There were reports of isolated cases of child prostitution,
particularly among the growing numbers of street children; however, the
prevalence of the problem remained unclear.
The Government stated that it did not believe trafficking was a
problem. There were no special programs to address trafficking issues.
__________
COTE D'IVOIRE
In October 2000, Laurent Gbagbo became the country's third elected
president, ending an almost 10-month period of military rule. The
election, which excluded two of the major parties, was marred by
significant violence and irregularities. The Supreme Court declared
Gbagbo the victor with 53 percent of the vote. He remained in power
despite a January 2001 coup attempt. In July 2000, citizens
overwhelmingly approved a Constitutional referendum implemented in
August 2000. The December 2000 elections for the National Assembly also
were marred by violence, irregularities, a Republican Rally (RDR)
boycott, and a very low participation rate. In implementing resolutions
from the December 2001 Forum of National Reconciliation, in August
President Gbagbo formed a government of National Unity. While all major
political parties were represented in the new government, the
leadership of the RDR, the party of rival presidential candidate and
former Prime Minister Alassane Ouattara, called for the resignation of
its Ministers, citing the harassment and detention of its members and
others by security forces. The judiciary lacked transparency and was
subject to executive branch and other outside influence.
On September 19, rebellious exiled military members resident in
Burkina Faso and co-conspirators in Abidjan attacked the homes of key
government ministers as well as government and military/security
facilities in Abidjan, Bouake, and Korhogo. In Abidjan government
military and security forces stopped the coup attempt within hours, but
the attacks, which targeted the elimination of key security leaders,
resulted in the deaths of Minister of Interior Boga Dougou and several
high-ranking military officers. There was widespread suspicion,
fostered by the Government and others, that the RDR party of Alassane
Ouattara and/or former-junta leader, General Robert Guei, were
instrumental in the attempted coup. General Guei also was killed under
unclear circumstances, although it is widely believed that police
forces killed him. The failed coup attempt and ongoing rebellion
quickly escalated into the country's worst crisis since independence in
1960. Rebel forces retained control in Bouake and Korhogo, and within 2
weeks moved to take the remainder of the northern half of the country.
The number of civilian deaths throughout the country remained unknown,
but reliable estimates were 1,150 or more. In early October, the
Economic Community of West African States (ECOWAS) brokered a
ceasefire, with French troops monitoring compliance. ECOWAS peace
negotiations were stalled at year's end. ECOWAS continued to prepare
for a peace monitoring mission. There were no ECOWAS troops in place by
year's end.
Security forces under the Ministries of Defense and Interior
included the army, navy, air force, Republican Guard, Presidential
security force, and the Gendarmerie, a branch of the armed forces with
responsibility for general law enforcement. The police forces were
under the jurisdiction of the Ministry of Interior. These forces
include paramilitary rapid intervention units such as the Anti-Riot
Brigade (BAE) and the Republican Security Company, and the plain-
clothes police investigating unit, Directorate for Territorial Security
(DST). A central security staff collected and distributed information
about crime and coordinated the activities of the security forces. In
February 2001, the Government dissolved the Presidential Investigation
Cell (CCER), a special police service that had operated out of the
Presidency under the regime of General Guei. Members of the military
participated in seminars on human rights. The Government did not always
maintain effective control of the security forces. There were numerous
credible reports of instances in which security forces acted
independently of government authority. There were major divisions
within the military based on ethnic, religious, and political
loyalties. Security and rebel forces committed numerous human rights
abuses.
The country, which had a population of 16 million, was generally
poor but had a historically thriving modern sector. The largely market-
based economy was heavily dependent on the commercial agricultural
sector of smallholder cash crop production, especially cocoa and
coffee, which with tropical fruits, wood, and petroleum products made
up the bulk of exports. After assuming power, the Gbagbo government
began repaying international arrears and adhering to a balanced budget,
steps that led to the resumption of foreign aid; however, widespread
corruption and the lack of an accountable executive and judicial branch
deterred investors. The September 19 rebellion impeded commerce and
severely affected the economy as the division of the country created
uncertainty and rendered commerce difficult.
Although the Government improved in a number of areas before
September 19, serious problems continued and some worsened. Since the
September 19 rebellion, both the Government and the rebel forces have
committed serious human rights abuses. Members of the security forces
committed more than 200 extrajudicial killings during the year, and
there were several cases of evident disappearances. Local and
international human rights groups and the international and some local
press reported the existence of death squads close to top government
officials that targeted opposition figures; top government officials
denied their existence. Several mass graves were discovered following
the September 19 rebellion. Security forces frequently resorted to
lethal force to combat widespread violent crime and sometimes beat
detainees and prisoners. The Government generally failed to bring
perpetrators of most abuses to justice. Prison conditions improved but
remained harsh and sometimes life threatening. The Government continued
arbitrary arrests and detention; numerous persons, including opposition
members, journalists, and military officers, were detained for long
periods without trial. The judiciary did not ensure due process. Police
harassment and abuse of noncitizen African immigrants increased after
September 19. Privacy rights were restricted severely after September
19. The Government restricted freedom of speech, assembly, movement,
and press, and after September 19 used state-owned media to create an
atmosphere of patriotism and nationalism. The Government generally
respected freedom of association although some restrictions remained in
practice. The Government also generally respected freedom of religion,
although Muslims and practitioners of indigenous religions were subject
to discrimination. The Government allowed investigations into the human
rights situation by Amnesty International (AI), Human Rights Watch
(HRW), and reporters from the U.N. Commission for Human Rights (UNCHR).
Discrimination and violence against women, abuse of children, and
female genital mutilation (FGM) remained serious problems. There were
incidents of violent ethnic confrontation; societal discrimination
based on ethnicity remained a problem. Child labor as well as some
forced child labor and trafficking in children and women also
persisted. Cote d'Ivoire was invited by the Community of Democracies'
(CD) Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as an observer.
The Gbagbo government organized a well-attended 10-week Forum of
National Reconciliation, which ended in December 2001; the Forum
resulted in 14 resolutions to be considered by the President and the
legislature. These resolutions covered a broad spectrum of issues,
including four primary ones: Resolution 1 that the revised Constitution
and presidential elections of 2000 be upheld; Resolution 4 that
Alassane Quattara's citizenship should be recognized by judicial
action; Resolution 9 that all coup d'etats should be condemned; and
Resolution 10 that the Government should issue general amnesty for all
those responsible for the violence related to the coup d'etat. Former
President Bedie, former Prime Minister Quattara, and former junta
leader Guei, who had left Abidjan in self-imposed exile in 2000, all
returned to the country to participate in the Forum. On December 18,
2001, President Gbagbo closed the Forum and promised to continue the
reconciliation process through ongoing negotiations with the other
three recognized political leaders. The Government slowly began to work
on implementing the resolutions of the Forum during the year. In August
President Gbagbo expanded his cabinet to include ministerial portfolios
for all major parties, including the RDR. Members of the military
participated in seminars on human rights. The local press remained
lively. President Gbagbo spoke with Muslim leaders about their
concerns. The Government cooperated with international investigations
into child labor on cocoa farms.
The rebels' human rights record also was extremely poor. The rebels
in Bouake and elsewhere in the north killed numerous persons, including
civilians and executed approximately 100 gendarmes, who were buried in
a mass grave. Mass graves of gendarmes and civilians killed by rebels
were discovered near the western town of Man. The rebels arbitrarily
arrested and detained persons and conducted arbitrary ad hoc justice.
In Bouake they took over the national television station and aired
mostly their leaders' speeches and deliberations. The rebels severely
limited freedom of movement within and from the territory they held and
forcibly conscripted persons into their ranks. In late November, rebel
groups took key cities in the northwestern region of the country in
evident coordination with the rebel group that held the north. There
were credible reports of the rebels abusing the local population,
including slitting the throats or disemboweling local inhabitants, gang
raping women, chopping off limbs, and throwing persons into wells to
drown. There were no confirmed figures of the actual number of
civilians killed, detained, or harassed in the north or in the west.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
reportedly committed more than 200 extrajudicial killings, some of
which were believed to have been politically and ethnically motivated.
There were credible but unconfirmed reports that government-linked
death squads committed and condoned extrajudicial killings. Security
forces frequently resorted to lethal force to combat widespread crime.
The September 19 rebellion resulted in the killings of approximately
300 persons, most of whom were government uniformed forces or uniformed
forces that sided with the rebels. There also were numerous civilian
casualties.
There were numerous political killings by both security forces and
rebels during the failed coup attempt of September 19 and subsequent
rebellion. The rebels targeted and killed several leading government
military officers and the civilian Interior Minister Emile Boga Doudou;
they also attempted to kill Moise Lida Kouassi, the civilian Defense
Minister. The rebels also killed Colonel Yode, Director of the Army
Engineers in Abidjan; Dally Oble, Commander in Korhogo; and Dago Loula,
Commander in Bouake.
Under unclear circumstances, former military junta leader General
Robert Guei, his wife Rose, a son, his aide-de-camp Captain Fabien
Coulibaly, several army guards, and others reportedly were shot to
death at Guei's Abidjan residence. AI concluded that the deaths of Guei
and his family were extrajudicial killings.
On September 20, members of the security forces reportedly
kidnaped, shot, and killed Commander Aboubacar Dosso, aide-de-camp to
RDR leader Alassane Ouattara, when he returned to the site of
Ouattara's house, which had been burned and looted the previous day.
Dosso reportedly was killed because he refused to sign a declaration
implicating Ouattara in the rebellion.
On October 11, gendarmes arrested Adama Cisse, the head of the RDR
party in the eastern town of M'Bahiakro, who died the following day
from injuries he received while in custody. The gendarmes reportedly
were searching for Ibrahima Fanny, the RDR mayor of Bouake, and for
weapons.
On October 18, members of the security forces reportedly shot and
killed Seydou Coulibaly and Zanzeni Coulibaly, both related to RDR
Secretary General Amadou Gon Coulibaly, at the Abidjan funeral of
another Coulibaly family member.
On November 2, the body of Emile Tehe, president of the independent
Popular Movement Party (MPI), was found in Abidjan; the MPI was allied
with the RDR.
On November 8, the body of medical doctor Benoit Dakoury-Tabley was
found after he had been kidnaped the previous day; Dakoury-Tabley was
the brother of Louis Dakoury-Tabley, one of the political leaders of
the rebel Patriotic Movement of Cote d'Ivoire (MPCI). Louis Dakoury-
Tabley was a ranking official in the ruling Ivoirian Popular Front
(FPI) party.
In a televised speech on November 8, Human Rights Minister
Victorine Wodie vowed that the Government would investigate the death
of Dakoury-Tabley and others. Wodie called for an international study
on human rights violations throughout the country since September 19
and was pursuing the case at year's end.
Following the September 19 rebellion, the military and security
forces conducted reprisal killings against presumed rebel sympathizers.
In October security forces killed more than 100 noncombatants in Daloa
in evident reprisal against northerners living in the town, according
to numerous credible reports; they also killed persons suspected of
assisting the rebels. Uniformed forces took from their homes
individuals of northern descent or foreign Africans (generally called
Dioulas); their bodies were found in the streets the following day. A
Muslim cleric, Gaoussou Sylla, was arrested at home with five other
persons, including the Malian honorary consul, Malian merchants, and
the Burkinabe owner of a transport company. The bodies of Sylla and the
other five subsequently were found along a road out of town; the
businesses of the victims were damaged and looted.
On October 28, uniformed forces also killed a number of Guineans in
Daloa. Hundreds of Daloa residents took shelter in a mosque while
government forces ransacked and burned their homes. The Governments of
Mali, Burkina Faso, and Guinea lodged formal protests with the
Government over the deaths in Daloa and the harassment and abuse of
northerners in Abidjan and other cities.
After the Daloa killings, the military command and the state-owned
media warned of men ``wearing fatigues'' who were extorting,
mistreating, and killing persons. The Government criticized such
actions as flagrant violations of human rights and denied that
government forces were responsible. On October 25, the Government
announced an investigation into the killings to discover who was
impersonating the country's security forces. AI and the international
press reported that security forces were responsible for the killings
in Daloa. Multiple eyewitnesses saw the men who carried out the
killings arrive in military vehicles, notably of the BAE. AI noted that
military authorities stopped the killings after 3 days when pressed by
Muslim leaders who underscored the responsibility of government
authorities to ensure that security forces protected civilians and
prevented harassment, especially of foreigners.
Following the coup attempt, there were numerous reports of militias
or death squads with ``hit lists'' of rebel sympathizers operating
within the military or composed of private citizens. On November 25,
the Ivoirian Human Rights Movement (MIDH) reported that death squads
operating under cover of the curfew had arrested, kidnaped, and killed
approximately 50 political party members and citizens. The same day,
the Ivoirian Human Rights League (LIDHO) issued a statement that
``death squads of unknown persons are sowing terror.''
In response to criticism from national and international NGOs, the
Government's military spokesman stated that the Government had opened
judicial inquiries into the killings.
In Abidjan police and security forces in search of rebel
sympathizers, infiltrators, and arms caches used lethal force in
neighborhood sweeps against citizens with northern origins and African
immigrants. For example, on October 7, gendarmes demanded money and
identity cards from three Burkinabe citizens and then shot them; two
died instantly, and the other died the following day. Also in October,
gendarmes killed 10 Liberians applying for work reportedly because they
were Anglophone and therefore suspect.
In an October 28 report, AI referred to the October 2000 Yopougon
massacre and appealed to the Government and rebels to refrain from
attacking persons because of their ethnic origins or presumed political
sympathies. In 2001 the Government brought eight gendarmes to trial for
the Yopougon massacre, but they were acquitted. Most citizens and
international observers did not see this as a just outcome. There were
no reported apprehensions of suspects in other cases.
In the months following the coup attempt, mass graves were
discovered in the areas controlled by both the Government and the
rebels. International human rights groups and the press blamed
government forces for the killings and mass graves at Daloa and at the
nearby village of Monoko-Zohi. It was unclear who was responsible for
the mass grave at Vavoua, given that both government and rebel forces
had access to the area. After the outbreak of fighting in the west in
late November, numerous credible sources reported the existence of
three mass graves of gendarmes and civilians killed by rebels near the
western town of Man. Local and international human rights groups and
some political parties called for international investigations of these
sites. In October authorities in Abidjan buried 72 unidentified bodies
that government media stated were unclaimed bodies from the September
19 coup attempt.
In the months prior to September 19, there were credible reports of
more than 30 cases in which security forces used excessive force that
resulted in death; such cases often occurred when security forces
apprehended suspects or tried to extort taxi drivers and merchants. For
example, on March 12, police in Abidjan shot and killed Lemorifing
Bamba, a taxi driver, for refusing to stop at a checkpoint and refusing
to pay bribes; the Government ordered an investigation and compensated
Bamba's family. In March police arrested for alleged theft Adama Sylla,
who subsequently died from injuries sustained in police custody. On
June 7, in the Deux Plateaux neighborhood, police killed seven men
suspected of rape, theft, and money laundering.
Several foreigners were victims of police killings in ambiguous
cases. In January police killed a Burkinabe, Belam Issiaka, suspected
of leading a criminal gang. He reportedly was shot while attempting to
flee. On May 4, a 22-year-old Nigerian, Franck Oyeminke, died after the
police shot him eight times during a neighborhood search; the case was
being investigated at year's end.
In the period prior to the July departmental elections, clashes
between RDR supporters and FPI supporter resulted in deaths (see
Sections 2.c. and 5).
The following cases from 2001 remained outstanding at year's end:
The April shooting by a police sergeant of a student traveling in a
car; and the December killing of Togolese electrician Dokli Kodjo by
two gendarmes.
In 2001 unknown persons attacked and killed the sister of
journalist and publisher Tape Koulou and a friend of the family. Police
arrested Julien Ileboudo in connection with the investigation. On
January 22, police beat and killed Ileboudo, whose body was found at
the entrance to the morgue with broken legs, head injuries, and burned
genitals.
At the National Reconciliation Forum in 2001, Gbagbo pledged to
reopen the investigation into the Yopougon massacre. In August 2001,
Justice Minister Siene Oulai appointed a preparatory committee to
reinvestigate the events of late 2000, particularly the Yopougon mass
grave. The committee included three investigating magistrates along
with five gendarmes and five police investigators. By year's end, the
Government had taken no further action.
More than 150 complaints against government leaders were filed by
the Belgian NGO Genocide Prevention on behalf of victims of the October
2000 Yopougon mass grave and December 2000 violence. In June Brussels
Court of Criminal Appeals dismissed the complaints because the persons
charged were not on Belgian territory at the time of the alleged crime.
There were no further developments in cases from 2000, including
election-related violence.
After the September 19 coup attempt, rebels arrested approximately
100 gendarmes in Boauke and held them for several weeks. On October 8,
when government forces entered Bouake, many persons mistakenly thought
they had reconquered the town and some inhabitants came out to
celebrate. Rebel troops fired into the crowd, killing and injuring an
unknown number of persons. According to AI, the rebels reportedly then
executed the 100 arrested gendarmes, who were buried in a mass grave.
There also were reliable reports that rebels executed a number of the
sons of gendarmes and killed numerous citizens of northern origin who
challenged them.
When government troops briefly re-took Bouake on October 8, ethnic
Baoules who were usually members of the Democratic Party of Cote
d'Ivoire (PDCI) party reportedly captured three northern rebel
sympathizers and burned them to death by setting fire to tires placed
around their necks. When the rebels were back in control, northern
sympathizers with the rebels reportedly killed six loyalists Baoules in
the same manner.
In Korhogo and Daloa, rebels also killed a number of gendarmes and
civilians thought to be loyal to the Government. AI reported that many
of the victims in rebel-held territory were criticized by their
neighbors as military officers or government sympathizers. With the
emergence of rebel groups in the west in late November, there were
numerous credible reports by escaping citizens and international
witnesses that rebels slit the throats or disemboweled local
inhabitants, gang raped women, chopped off limbs, and threw persons
into wells to drown.
Unknown assailants killed persons during the year. For example, on
November 6, Philippe Mohamed Rady, a prominent member of the Lebanese
business community, died of injuries inflicted by unknown assailants
who attacked him for unknown reasons. On November 18, unknown
assailants attacked and killed Tchegbe Zoumana Ouattara, a 61-year-old
trucking company owner, at his Abidjan home.
There were numerous incidents of ethnic violence that resulted in
deaths (see Section 5).
b. Disappearance.--There were several reports of disappearances.
For example, according to press reports, the police detained three
gendarme commandos who were suspected of coup-plotting between June and
August in Abidjan; however, their whereabouts were unknown at year's
end.
Following the September 19 rebellion, MIDH reported that many of
the UDPCI and RDR members arrested by security forces had been
released; however, the whereabouts of 39 persons remained unknown at
year's end.
On November 6, ``men in fatigues'' arrested prominent businessman
Herve Pamah Coulibaly at his home; his whereabouts remained unknown at
year's end.
On November 14, in Yamoussoukro, security forces arrested Vakefa
Malick Soumahoro, the financial director of a trucking company, who was
on his way to be interviewed by Minister Wodie, according to his
family. He subsequently disappeared. Soumahoro's wife and family met
with the Prime Minister and Minister Wodie, who appealed for
information about Soumahoro in the local press; however, Soumahoro
remained missing at year's end.
The Victims Committee of Cote d'Ivoire (CVCI) alleged that several
of its members disappeared after police dispersed their demonstration
in July 2001.
During 2001 at least 30 persons disappeared in ethnic conflicts,
particularly in the west and center of the country, and remained
missing at year's end.
There were no developments in the disappearances of numerous
persons following the 2000 presidential elections or in the
disappearance of 10 Malians arrested in late 2000 election-related
demonstrations.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, in
practice security forces sometimes beat detainees and prisoners to
punish them or to extract confessions. Police officers frequently
forced detainees to perform degrading tasks while under threat of
physical harm; press photographs sometimes showed prisoners with
swollen or bruised faces and bodies. There were numerous reports of
police and gendarmes entering homes and businesses to extort money (see
Sections 1.d., 1.f., and 2.d.). Police detained persons overnight in
police stations where they often beat detainees and forced them to pay
bribes. Police also harassed persons of northern origin or with
northern names. Poor training and supervision of security forces, the
public's fear of pressing charges, and the impunity of those
responsible for committing abuses contributed to the problem.
In February the CCER was dissolved by presidential decree. In
previous years, there were credible reports that the CCER, a special
police service that had its headquarters at the Presidency in central
Abidjan, had become a center of judicial investigation, beatings, and
torture (see Section 4).
On June 12, approximately 20 gendarmes beat and robbed merchants
near the mosques in the Adjame section of Abidjan. In protest against
gendarme and police treatment, merchants and transporters went on a 48-
hour strike.
Members of the security forces continued to beat and harass
journalists regularly; however, there were fewer reports of beatings
than in the previous year (see Section 2.a.).
During the year, police beat persons who criticized or angered the
Government. For example, on March 11, 12 unknown persons severely beat
Pasteur Faustin Leka, the president of the Ivoirian Party For Democracy
(PID). Leka, who was hospitalized for 1 month, had written articles
critical of President Gbagbo and the governing FPI party. He stated
that his attackers accused him of being a traitor to his Christian and
Bete background. It was unclear whether uniformed forces or party
militants beat Leka.
On April 18, six gendarmes reportedly arrested and beat Alexis
Gouanou, the Secretary General of the Youth of the Grand West for
having released medical information about Commander Bekpan, one of the
gendarmes tried and acquitted for the Yopougon mass grave.
On July 2, near a police precinct in Abidjan, unknown assailants
beat Francois Kouadio of the Presidency's Office of the Inspector
General, despite his having a government protective detail. Kouadio had
completed a report on cocoa marketing that accused some government
officials, as well as private operators and organizations, of
corruption.
After the September 19 rebellion, security forces on heightened
alert for potential rebel infiltrators or active sympathizers erected
numerous roadblocks and searched Abidjan neighborhoods, frequently
during nightly curfew. There were numerous reports that police and
gendarmes continued to harass, beat, extort, and commit other abuses
with impunity.
Also after September 19, there were credible reports of special
militias comprised of uniformed forces operating outside the normal
chain of command of the Ministries of Defense (gendarmes) and Interior
(police) and involving members or units of the President's security
force. There also were reports of civilian militia that reportedly
operated with political and judicial impunity and were responsible for
extortion, robberies, and killings (see Section 1.a.).
During the rebellion, individuals associated with opposition
parties or rebellion leaders or believed to be sympathizers were
subjected to increased harassment and abuse. Several hundred RDR
members were arrested without legal procedures having been followed,
and a number reportedly were killed by security forces under unclear
circumstances (see Sections 1.a. and 1.d.).
After September 19, police harassment and abuse of noncitizen
Africans increased significantly as the Government blamed many of the
surrounding countries for complicity in the crisis. Noncitizen
Africans, mostly from neighboring countries, complained after September
19 that they were subject to police harassment, repeated document
checks, increased security force extortion and racketeering, and
violence.
Police and security forces continued to use excessive force to
disperse demonstrations, some of which were violent (see Section 2.b.).
There were credible reports of disciplinary or legal actions
against some police officers for mistreating suspects and arrestees
during the year; however, critics deemed such actions uneven and
inadequate. On May 15, Minister of Interior Boga Doudou fired 50 police
officers and gendarmes, suspended 27 others for racketeering and
extortion, and had 8 police officers and 4 gendarmes arrested on
racketeering and extortion charges. Minister Boga Doudou stated that
the suspensions and arrests would be an example to other officers;
however, independent newspapers noted that the majority of those fired
were of northern origin and suggestd that the Minister of Interior was
using the occasion to reduce their numbers in the police ranks.
In August Minister of Interior Boga Doudou issued a statement
threatening sanctions against members of the security forces who
confiscated or destroyed noncitizens' identification papers; however,
no action was taken by year's end (see Sections 1.a., 1.d., 1.f., and
5).
On July 26, police arrested Sergeant Baba Nene for the July killing
of taxi driver Kalilou Keita (see Section 1.a.). On September 11,
police arrested Blea Tia in the shooting of taxi driver Seydou Kone; an
investigation was ongoing at year's end.
There were no reports of action taken against members of the
security forces in any of the following incidents in 2001: The April
shooting of a taxi driver in Daloa; the April beating of Dago Fabrice
in Yopougon; the May beating of a man in Daloa; the May beating of
eight persons, including a secondary school teacher and two girls; and
the June forcible dispersal of a strike at Blohorn Unilever.
There were no reported disciplinary actions against members of the
security forces responsible for abuses committed during 2000.
During the year, there were fewer reports that Liberian refugees in
the western part of the country faced harassment and threats from
supporters of Liberian President Charles Taylor.
There were numerous incidents of ethnic violence during the year,
some of which resulted in injuries (see Section 5).
After September 19, in the northern half of the country, rebel
military police operated with impunity in administering justice without
legally constituted executive or judicial oversight. There also were
credible reports of rebel soldiers or local recruits harassing and
abusing with impunity local citizens, often on the basis of ethnic
background and presumed political leanings.
Conditions were poor and in some cases life threatening in the
country's 33 prisons, largely because of inadequate budgets and
overcrowding. In November the main Abidjan Arrest and Correction Center
(MACA) prison in Abidjan housed 5,200 detainees; it was built for
1,500. There were credible reports that prisoners frequently brutalized
other prisoners for sleeping space and rations; however, there were no
reports of guards brutalizing prisoners. The daily food allowance per
prisoner in the MACA was $0.12 (80 CFA francs) the cost of one serving
of corn meal mush. In other prisons, the daily allowance was $0.18.
Families frequently supplemented the food ration and at some prisons
inmates grew vegetables to feed themselves. The Red Cross helped feed
prisoners with no family. Doctors Without Borders (MSF) supplemented
the prison system's inadequate medical facilities. Several small
national and international charities also helped some prisoners. There
were press reports of a flourishing drug trade and prostitution in the
MACA.
During the year, some prisoners reportedly died from the crowding,
disease, and malnutrition in the MACA. During the month of September,
according to a newspaper report from the western city of Man, 38 of the
541 inmates in the city's prison died. In 2001 poor treatment and poor
conditions reportedly resulted in the deaths of 160 prisoners.
On October 18, more than 500 prisoners in Man made an attempted
unsuccessful escape. A week later, in the central cities of Bouafle and
Divo, 16 prisoners were killed during prison breaks.
In early January, President Gbagbo announced a decree amnestying
more than 7,000 convicted prisoners, but not including inmates who had
committed serious crimes.
Men and women were held separately in prisons. Male minors were
held separately from adult men, but the physical barriers at the main
MACA prison were inadequate to enforce complete separation. Prison
conditions for women and children remained particularly difficult.
Female prisoners were segregated in a separate building under female
guard. There were no reports during the year that guards raped female
prisoners; however, there were continued reports that female prisoners
engaged in sexual relations with wardens to get food and privileges.
There were no health facilities for women. Pregnant prisoners went to
hospitals to give birth and then returned to prison with their babies.
Some women prisoners were pregnant before being jailed. The
penitentiary accepted no responsibility for the care or feeding of the
infants; the women received help from local NGOs such as L'Amour en
Action and the International Catholic Office for Children (BICE).
During the year, BICE removed 500 children from the prison and placed
them with family members or foster families and provided female inmates
with food, medical care, clothing, and other necessities.
Juvenile offenders were held separately from adults. At the end of
2001, 170 juveniles aged 13 to 17, including 11 girls, were in
detention. According to a local press report, in 2000 approximately
2,500 children spent time in the country's 33 prisons. During the year,
BICE taught juvenile prisoners trades, such as sewing, carpentry,
gardening, house painting, and drawing.
Pretrial detainees were held with convicted prisoners.
The Government permitted access to prisons by local and
international NGOs that provided prisoners with food and medical care,
as well as spiritual and moral support. BICE, as well as international
NGOs such as the ICRC, Prisoners Without Borders, MSF, World Doctors,
and local NGOs such as Action Justice, French Speaking Countries
Outreach (FSCO), and International Prisons' Friendship had access to
the prisons in the country. However, none of these NGOs monitored human
rights conditions. LIDHO and MIDH monitored human rights but had to
await written permission from the warden.
After taking control of the northern half of the country in the
September 19 rebellion, rebels released the 300 detainees in the
Korhogo penitentiary and the 2,200 prisoners in the Bouake prison and
penal camp, gave many of them arms, and forced them into military
service. Rebel leaders stated that they had no way to feed and maintain
the prisoners, many of whom had no family in the area.
In October the ICRC visited prisoners detained by rebels in Bouake.
There were credible reports that the rebels killed many of the
prisoners. The rebels reportedly considered the dozens of men they were
holding to be loyalist infiltrators who took part in the failed attempt
to retake the city in early October.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, in practice
arbitrary arrest and detention remained a common occurrence. Under the
Code of Penal Procedure, a public prosecutor may order the detention of
a suspect for 48 hours without bringing charges, and in special cases,
the law permits an additional 48-hour period. Police often held persons
for more than the 48-hour legal limit without bringing charges.
According to members of the jurists' union, this practice was common,
and magistrates often were unable to verify that detainees who were not
charged in fact were released. A magistrate could order preventive
detention for up to 4 months but also had to provide the Minister of
Justice with a written justification on a monthly basis for continued
detention. Despite the frequency of arbitrary arrest, there was no
accurate total of persons held (see Section 1.e.).
Although the law prohibits it, police restricted access to some
prisoners. There were reports of police denying detainees access to a
lawyer or to their families. Police treatment of lawyers improved
during the year.
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 believed that the suspect was not
likely to flee. Many inmates continued to suffer long detention periods
in the MACA and other prisons while awaiting trial. A magistrate
reported in November that more than 1,770 of the 5,370 detainees (31
percent) in the MACA prison were awaiting trial (see Section 1.c.).
Despite the legal limit of 10 months of pretrial detention in civil
cases and 22 months in criminal cases, some detainees were held in
detention for many years awaiting trial. In January there was a
credible newspaper report that six detainees at the Bouake penal work
camp had been held for 12 years without trial and there were others who
had been in the camp for 10 years awaiting trial.
There were many instances throughout the year of the gendarmes or
other security forces making arbitrary arrests, and such arrests
increased after September 19. Domestic and international human rights
groups--AI, HRW, and the UNCHR--criticized the arbitrary arrests and
detentions. National and international human rights groups were unable
to give precise figures on detainees as government authorities would
not allow them to visit military installations where prisoners were
held. At year's end, MIDH reported 115 detainees at the MACA and 43 at
the DST, but was unable to gather further information. Journalists were
arrested, detained, or questioned for short periods of time without
being charged (see Section 2.a.).
On July 3, police and gendarmes ransacked a Williamsville
neighborhood in search of weapons and arrested approximately 100
residents. They were released a few days later. The RDR and some
independent newspapers alleged that the authorities' action was an
attempt to intimidate voters in the RDR-leaning district prior to the
July 7 departmental elections.
During the municipal electoral campaign in March 2001, the police
arrested an RDR student leader Diarrassouba and newspaper editor
Bakayako. The then president of FESCI, a student organization close to
the FPI, accused Diarrassouba of attempted murder. In April 2001, he
and several other RDR leaders were released without charge. A short
time later, Diarrassouba and fellow student leader Kamagate were
arrested and imprisoned after protesting the outcome of an FESCI
election. At the end of the year, they reportedly still were in
detention in the MACA.
During the year, security forces arbitrarily arrested merchants and
transporters. For example, on April 29, gendarmes raided a market in
Abidjan and arrested and held 15 persons without charges. The gendarmes
released nine of the arrestees within 1 week, but six others remained
detained in an unknown location without family visits or legal counsel.
All but one of the 15 arrestees were citizens from the northern region.
The DST was charged with collecting and analyzing information
relating to national security. The DST had the authority to hold
persons for up to 4 days without charges, but human rights groups
stated there were numerous cases of detentions exceeding the statutory
limit. Lawyers at MIDH and the president of the human rights NGO
Justice Action accused the DST of expanding its role to include
preliminary judicial investigations and police custody. Justice Action
alleged that the DST, which was part of the Ministry of Interior, was
trying to assume functions carried out by court authorities and the
Ministry of Justice. Some DST arrestees claimed that they were denied
contact with family members or a lawyer.
On June 28, the DST arrested police General Mouhandou Alain,
Inspector of Police Services, and held him for 42 days, accusing him of
working with the military in Burkina Faso to destabilize the country.
He was released on August 9 without being charged.
During the months prior to the events of September, security forces
arrested a number of persons from the north of the country, persons of
northern origin, and RDR party members and officials. For example, on
June 8, a police team in Korhogo arrested Soro Tchorna Abou and Yeo
Alassane and accused them of plotting against President Gbagbo. The DST
reportedly denied the two men legal counsel and after 3 weeks reported
one of the men missing. On June 21, the DST arrested and held
incommunicado for 2 months businesswoman Assita Sylla. On August 10,
the military Rapid Intervention Unit (BIR) arrested at home Ibrahim
Keita, the President of Cora de Comstar, a cellular telephone company,
and took him to the DST. Keita had access to his physician and after 3
days, his lawyer. The Government accused Keita of financing
destabilization efforts. On August 13, the Government arrested Kone
Miriam, a businesswoman and local RDR leader, and a friend of Keita's
son, Ali Omais. On September 12, authorities released Assista Sylla,
Ibrahim Keita, Kone Miriam, and Ali Omais for lack of evidence.
In the weeks before the September 19 rebellion, the DST arrested 27
military personnel and held them incommunicado as security risks. Many
of the soldiers detained were northerners and at least nine of the
soldiers were close to former junta leader General Guei. In early July,
the DST arrested several gendarmes on grounds of plotting a coup
d'etat. At year's end, they still were in detention.
After the September 19 rebellion, local and international human
rights organizations reported government security forces made many
arbitrary arrests, frequently without warrants and frequently holding
persons beyond the statutory limits without bringing charges. There
were credible reports that the police and gendarmes detained persons in
various military camps in Abidjan. Few of these detainees entered the
civil justice system. There also were credible reports of forced
confessions.
After the September 19 rebellion, the Government established
telephone hotlines and encouraged citizens to report persons believed
to be ``assailants.'' HRW and AI criticized the Government's abuse of
this law enforcement tool. They reported that authorities made numerous
arrests based on hotline denunciations of persons for unproven
sympathies with the rebels or ``suspicious'' activity and thus
generated a general climate of fear and abuse. In the northern half of
the country, AI and others reported that rebels similarly arrested and
mistreated persons based on a neighbor's denunciation or suspicion that
an individual's sympathies were with the Government.
HRW and AI also reported that since September 19 there were 82
persons who had been arrested and put in prison that ICRC was able to
track in the judicial records. AI investigators reported in mid-October
that, despite obtaining the agreement of the Justice Minister, they
were denied access to some detainees.
Some of the persons arrested included mayors and party leaders,
such as: Ali Keita, RDR deputy party spokesman, and Ali Dosso, an
official of the Central Bank of the West African States CFA Franc zone
(BCEAO)--Dosso was released and Ali Keita remained in the MACA prison
at year's end; Tiemoko Yade Coulibaly, the RDR Mayor of Sinematiali and
the Chairman of Societe General Banque de Cote d'Ivoire (SGBCI)--he was
released within a short time; Ouattara Yaya, RDR political commissioner
in the northern city of Ferkessedougou--he was placed under house
arrest; Aly Coulibaly, RDR party spokesman and former journalist--he
was released the next day; Camara Yerefe, a popular actor and
television comedian nicknamed ``H"--he was released after a short time;
Clement Nabo, the RDR mayor of the port city of San Pedro--he was
released the following day; the RDR deputy mayor of Vavoua--he remained
in detention at year's end; Kamagate Lama, agronomist and RDR Municipal
Counselor of Teningboue--his arrest status was unknown; several RDR
party members in Dimbokro--they remained in detention at year's end;
Mohamed Dembele, the 22-year-old son of Adama Dembele and the president
of the Alassane Ouattara support group--he was released after a few
days; and two of San Pedro's assistant mayors, both RDR members--they
remained incarcerated at year's end.
The Government arrested many members of the RDR and UDPCI parties
whom it suspected of sympathizing with or of playing a role in the
rebellion. Both accused the Government of conducting a ``witch hunt''
against opposition parties. By late October, the RDR stated that
authorities had arrested more than 300 of its members, although a
leader of the RDR youth wing stated a few days later that more than 500
members had been arrested. Party officials stated that party leaders
typically were released after a day or two, but less well-known party
members usually were held 1 to 2 weeks. Party officials stated that 55
members were released on November 18 from the DST and various gendarme
installations. After the release, at year's end the RDR reported that
115 northerners, many of whom were RDR members, were held at Abidjan's
MACA prison, 43 at the DST and gendarme establishments, and 20
elsewhere in the country.
In October the Secretary General of the youth wing of the UDPCI,
founded by General Guei, alleged that government forces arrested and
beat more than 30 party members and killed 1 person. In early November,
party and press sources reported that in the western town of Man six
party members were arrested, and a few days later three more leaders,
including a deputy mayor, were arrested in Biankouima. They reportedly
were transferred to the Gendarme Research Brigade in Abidjan and still
were in detention without charge at year's end.
In June the Defense Minister granted permission to General
Abdoulaye Coulibaly, the third ranking member of the 2000 military
junta, to leave the country and he departed for France and Canada in
early September.
On September 19, rebels in Bouake seized Sports Minister Francois
Amichia and held him hostage for more than 1 week before he escaped.
Rebels also prevented the president of the LIDHO from leaving Bouake
for 1 week. He had traveled to Bouake to deliver university lectures
when the September 19 rebellion occurred.
AI's October 18 report severely criticized rebel arrests of
numerous persons, particularly in Bouake, and the lack of any news of
those detainees.
On November 5, President Gbagbo issued a communique accusing the
rebels of responsibility for widespread arrests, illegal detentions,
and disappearances, but mentioned no specific cases and stated only
that the accusations were based on credible information (see Section
1.a.). The communique called for an international observer mission to
investigate abuses committed by the rebels in the north. In mid-
December the UNCHR conducted a 1-week mission in government-held and
rebel-held territories that corroborated reports of illegal arrests and
detentions in both parts of the country.
The Constitution specifically prohibits forced exile, and no
persons were exiled forcibly during the year.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary was subject
to executive branch, military, and other outside influences. Although
the judiciary was independent in ordinary criminal cases, it followed
the lead of the executive in national security or politically sensitive
cases. Judges served at the discretion of the executive, and there were
credible reports that they submitted to political pressure and
financial influence. The judiciary was slow and inefficient.
The formal judicial system is headed by a Supreme Court and
includes the Court of Appeals and lower courts. The Constitutional
chamber, whose main responsibility is to determine the
constitutionality of laws and the eligibility of presidential
candidates, is part of the Supreme Court. At year's end, Kone Tia
remained president of the Supreme Court. The Constitution grants the
President of the Republic the power to replace the head of the court
after a new parliament is convened.
Military courts did not try civilians. Although there were 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 administered justice
at the village level, handling domestic disputes and minor land
questions in accordance with customary law. Dispute resolution was by
extended debate, with no known instance of resort to physical
punishment. The formal court system increasingly was superseding these
traditional mechanisms. The Constitution specifically provides for a
Grand Mediator to bridge traditional and modern methods of dispute
resolution. The President appoints the Grand Mediator, who since his
nomination by the Bedie government, has been Mathieu Ekra.
The law provides for the right to public trial, although key
evidence sometimes was given secretly. The Government did not always
respect the presumption of innocence and the right of defendants to be
present at their trials. Those convicted had the right of appeal,
although higher courts rarely overturned verdicts. Defendants accused
of felonies or capital crimes had the right to legal counsel. The
judicial system provided for court-appointed attorneys; however, no
free legal assistance was available, except infrequently when members
of the bar provided pro bono advice to defendants for limited periods.
On March 5, more than 200 of the country's 700 magistrates marched
in Abidjan to demand improved living conditions and higher salaries. On
March 6, for the first time in the country's history, the judges went
on strike. The judges ended their strike in return for the Government's
promises that their grievances would be examined. Their salary and
other demands had not been met by year's end.
On May 13, the trial began of 27 suspects in the attempted coup
d'etat of January 2001. The 72 persons initially arrested were
incarcerated for more than 1 year without a trial. They included 42
military personnel and 30 civilians, among whom were 3 Burkinabe, 2
Malians, and a Nigerien. The investigating magistrate released all but
27 before the trial. In a 4-part trial lasting several weeks, the court
acquitted 19 of the 27. Of those found guilty, 2 were given 2-year
prison sentences and 6 were given 20-year sentences for ``undermining
the security of the state and participating in an armed band.''
According to press reports, several witnesses in the trial contradicted
themselves and withdrew their statements implicating Hamed Bassam
Traore, who received a 20-year sentence.
On July 30, an Abidjan court began the trial of Jean Jacques
Bechio, Alassane Ouattara's political and diplomatic advisor and former
Minister of Civil Service and Ambassador to the U.N. The security
forces arrested him in the aftermath of the January 2001 failed coup
for crimes against the security of the state. The court later reduced
the charge, eventually trying Bechio for illegal possession of military
weapons and for reputedly having suspicious telephone conversations
with an anonymous person in a private telephone booth. In a trial that
widely was considered fair, the court handed down a 12-month suspended
sentence, fined him $750 (500,000 CFA francs), and stripped him of his
civil rights for 5 years.
In July 2001, eight gendarmes were tried in a short and
procedurally flawed military trial for the Yopougon mass grave of 57
bodies discovered in late October 2000. With the trial held on a
gendarme compound and with no protection offered to witnesses, a number
of prosecution witnesses reportedly feared reprisals and failed to
appear at the trial (see Section 1.a.). The judge acquitted all eight
gendarmes, citing insufficient evidence. Several NGOs publicly demanded
a new trial. The military prosecutor, who had requested life sentences
for the accused, did not file an appeal. At the December 2001 Forum for
National Reconciliation, President Gbagbo announced a reinvestigation
of the Yopougon mass grave affair and in April the Government
designated six magistrates to conduct the new inquiry but reportedly
they had not met by year's end.
There were no reports of political prisoners; however, HRW and AI
believed that political leaders who were detained and not yet released
at year's end primarily because of their opposition political views
rather than hard evidence of involvement in the coup, should be
considered political prisoners.
There was little available information on the judicial system used
by the rebels in northern region; however, on November 8, a French
press article described rebel military police bringing suspected
thieves and racketeers to a ``judge'' dressed in fatigues who in a
quasi-judicial process pronounced sentence, including imprisonment in
the local jail. The rebels reported that they have imprisoned several
dozen persons as common criminals in Bouake.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Code of Penal Procedure specifies that a law
officer or investigative magistrate may conduct searches of persons,
vehicles, homes, or any other nonpublic place, with authorization of
the appropriate judicial or administrative authority, 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 take place at any time of day or night. The events of
September 19 triggered a widespread suspension of privacy rights.
In practice police sometimes used a general search warrant without
a name or address. Police frequently entered the homes of noncitizen
Africans (or apprehended them at large), took them to local police
stations, and extorted small amounts of money for alleged minor
offenses. Police and gendarmes entered the homes of opposition members
throughout the country, often without a warrant (see Sections 1.c. and
1.d.). Police also searched the homes and offices of journalists (see
Section 2.a.).
For example, soon after the failed coup of September 19, security
forces ransacked the offices of the Daloa mayor and other municipal
officials; the mayor and other officials were members of the RDR party.
On September 19, the home of RDR leader Alassane Ouattara was
looted and burned to the ground by unidentified persons while it
ostensibly was under government protection. Ouattara and his wife had
taken refuge at the residence of the German Ambassador next door, but
within a few hours were moved at the request of the Government to the
residence of the French Ambassador. On September 26, gendarmes
conducted a warrantless search of the residence of Samassi Baba,
Ouattara's driver.
Security forces reportedly monitored private telephone
conversations, but the extent of the practice was unknown. The
Government admitted that it listened to fixed line and cellular
telephone calls. Government authorities monitored letters and parcels
at the post office for potential criminal activity and they were
believed to monitor private correspondence, although no evidence of
this was produced. After September 19, in the northern towns of Bouake
and Katiola, rebels also monitored parcels for potential threats to
their position.
Members of the Government reportedly continued to use students as
informants.
Government security forces in Abidjan began the destruction of
shantytowns near military installations inhabited by both noncitizen
Africans and citizens. These dwelling areas reportedly harbored rebels
and weapon caches. The destruction of these houses resulted in the
displacement of tens of thousands of persons. An estimated 30 percent
of Abidjan's population lived in unauthorized, illegally constructed
shantytowns.
On October 4, the Government announced that it would destroy all
shantytowns in the city within a month. On October 8, after an
international outcry, President Gbagbo ordered the security forces to
stop the destruction of the shantytowns, with the exception of those
near military bases, and appealed for a halt to the attacks on
foreigners. Nevertheless, security forces continued to raze
shantytowns, often using physical violence against the inhabitants and
robbing them.
On October 3 and 4, Minister for Human Rights Wodie visited a
number of sites cleared by security forces and announced that the
inhabitants of those sites would be resettled in centers operated by
the Ministry of Social Security and Health. The social centers
established generally were converted houses that represented inadequate
and, at best, temporary dormitory accommodations for displaced
families.
On October 16 and 17, the U.N. High Commissioner for Refugees
(UNHCR) reported that security forces without warning destroyed several
hundred more homes in shantytowns, displacing approximately 2,000
persons. Many of the displaced sought refuge at UNHCR-sponsored
centers. On October 18, after the curfew, security forces arrived at
the Koumassi shelter and interrogated its 200 refugees outside of the
structure. Other similar incidents occurred at other refugee centers
(see Section 2.d.).
Unlike in the previous year, there were no incidents reported of
security forces seizing the property of opposition leaders and
prominent persons at the airport.
There were corroborated reports that the rebels forcibly
conscripted locals to join their ranks (see Section 1.c.). Those who
refused reportedly disappeared. Many of the conscripts were youth or
children, although there also were reports that many volunteered to
join the rebels.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of expression; however, the Government restricted this right in
practice. Private newspapers frequently criticized government policy.
Before the rebellion of September 19, the arrest, prosecution, and
imprisonment of journalists decreased significantly from the previous
year. Nevertheless, members of the security forces continued to harass
and sometimes beat journalists. Outspoken members of the press
continued to receive death threats and suffer physical intimidation
from groups aligned with the ruling FPI party. Until September
journalists did not practice self-censorship and frequently criticized
government policy; however, the September 19 rebellion triggered
significant self-censorship and a deterioration of press freedom.
Journalists did not wish to appear ``unpatriotic.''
The only remaining government-owned daily newspaper, Fraternite
Matin, which had the greatest circulation of any daily, rarely
criticized government policy. The Government's planned privatization of
Fraternite Matin was on hold at year's end. The Minister of
Communication repeated on several occasions that government newspapers
were incompatible with democratic societies. There were a number of
private newspapers: Approximately 20 dailies; 30 weeklies; 5
semimonthlies; and 10 monthlies. Newspapers often ceased publication
and were supplanted by others due to strong competition, a limited
audience, and financial constraints. A few newspapers were politicized,
sometimes resorting to fabricated stories to defame political
opponents. The law requires the ``right of response'' in the same
newspaper, thus newspapers often printed articles in opposition to an
earlier article.
The National Press Commission (CNP) was established officially in
November 2001; its function was to enforce regulations relating to the
creation, ownership, and freedom of the press. Unlike in the previous
year, the CNP did not suspend any newspapers during the year.
The Government exercised considerable influence over the official
media's program content and news coverage, using them to promote
government policies and criticize the opposition. Much of the news
programming during the year was devoted to the activities of the
President and government officials.
The law authorizes the Government to initiate criminal libel
prosecutions against officials. Although some newspapers voiced their
disapproval of presidential or government actions frequently and
vocally, the Government did not tolerate insults or attacks on the
country's highest officials, foreign chiefs of state or government, or
their diplomatic representatives. In addition, the State may
criminalize a civil libel suit at its discretion or at the request of
the plaintiff. Criminal libel was punishable by from 3 months to 2
years in prison.
In August a court ordered a 3-month suspension of Le National, a
right-wing nationalistic paper, after a civil administrator filed
defamation charges. Despite the order, Le National, which previously
was regarded as close to the governing PDCI, but later was considered
close to the governing FPI, continued to publish.
On October 29, the trial of three journalists from Le Jour was
slated to begin, but was deferred and had not taken place at year's
end. The President of the National Assembly, Mamadou Koulibaly, sued
the journalists for defamation for writing a detailed July 2000 article
accusing him of corruption in his former capacity as Minister of
Finance.
Security forces continued to beat and harass journalists. For
example, in late January, police beat Le Jour journalist Abou Traore in
the garden of Interior Minister Boga Doudou's house. Traore was writing
a story about the negotiations between Boga Doudou and police officers
on strike. The CNP and the Observatory of Press Liberty and Ethnics
(OLPED), the journalists' association, wrote letters to the Government
criticizing the beating.
In February Bledson Mathieu, the editor of the weekly satirical
cartoon newspaper Gbich, received several death threats from unknown
persons.
On September 9, 10 uniformed policemen raided the offices of the
Mayama Press Group, which published Le Patriote, Tassouman, and
Abidjan-Magazine. All three publications were independent, but were
considered close to the RDR and its leader, Alassane Ouattara.
Tassouman published a story that Minister of Interior Boga Doudou was
using a vehicle previously stolen by carjackers. In spite of the
newspaper's promise to correct the information and report that the
stolen vehicle belonged to the Minister of National Solidarity, police
tear gassed the offices and beat at least four journalists. On
September 11, a ministerial delegation visited the office, expressed
its regret over the raid, and insisted that the Government and Minister
Boga Doudou had not supported or instigated the actions.
Following the rebellion of September 19, the Government gradually
reduced press freedoms in the name of patriotism and national unity. In
late September, Minister of Communications Sery Bailly declared that
``the safest thing for journalists was to report the news in a proper
manner'' and that the crisis should motivate journalists to prove their
patriotism and to defend the country. A few weeks later, the CNP
reminded journalists that while newspapers could continue their
independent editorial policies, ``in view of the prevailing war
situation'' the journals must ``display a sense of patriotism.''
Outspoken members of the press who questioned government policy
reported physical intimidation and receiving death threats from groups
aligned with the FPI party and the Government. Foreign journalists
complained to the Government of similar threats.
On September 19, the pro-RDR Le Patriote suspended publication
because of threats received from youth groups reportedly allied with
the ruling party. In late September, FPI and government activists
severely beat Le Patriote journalist Keita Mamadi while he was
attending a FPI-government meeting in Yopougon. On October 10, Le
Patriote resumed daily publication, but on October 16, approximately 40
youths carrying weapons ransacked its offices. Le Patriote began
publishing again in a few days. Reporters Without Borders (RSF) lodged
a formal protest with the Government over the attack, and the OLPED
also criticized the attack.
On October 16, Nouveau Reveil suspended publication in response to
persistent death threats since September 19 allegedly made by persons
close to the FPI and the Government. Le Nouveau Reveil often carried
articles critical of the FPI and the Government. On October 19, the CNP
released a statement that ``noted with regret'' the vandalism against
Le Patriote and the threats against Le Nouveau Reveil, which was close
to the PDCI. The CNP called on relevant authorities to take all
necessary measures to provide for the security of all parties.
On September 25, 10 gendarmes searched without a warrant the
residence of Louis Andre Dacoury-Tabley, the owner of Le Front
opposition daily newspaper, which frequently criticized the FPI and the
Government. Dacoury-Tabley was outside of the country, but a few weeks
later emerged as the rebel spokesman.
There were several reports during the year, but particularly after
September 19, of international journalists being subjected to
government harassment and intimidation. Since the uprising began,
several foreign journalists and cameramen were threatened or physically
attacked and their cameras seized. Because of continued insecurity,
some international reporters and the citizens who worked for foreign
press agencies chose to leave the country temporarily.
On October 29, the Government's daily, Fraternite Matin, carried a
report from the peace negotiations between the Government and rebels,
featuring questions and answers from both sides' negotiators, and
marking the first time the state media carried direct statements from
the rebel spokesman. The state-controlled television and radio carried
the same story later with the interviews with negotiators for both
sides.
On November 13, in an interview in Fraternite Matin, Minister of
Communications Sery Bailly stated that any journalist conducting an
interview with the rebel MPCI could face prosecution. He explained that
the Government had teams that met daily to guide national radio and
television programming and the Government's daily newspaper to ensure
that they promoted a positive image of the Government and ``had the
orientation that the Government judged necessary and useful.''
No action was taken against members of the security forces who beat
and harassed journalists in 2001 and 2000.
Because of low literacy rates, radio was the most important medium
of mass communications. Newspapers and television were relatively
expensive. The Government-owned broadcast media company, RTI, owned two
major radio stations; only the primary government radio station
broadcast nationwide. Neither station offered criticism of the
Government; both government-owned stations frequently criticized
opposition parties and persons critical of the Government. Four major
private international radio stations operated: Radio France
Internationale (RFI), the British Broadcasting Company (BBC), Africa
Number One, and Radio Nostalgie; however, all were off the air at
year's end. These stations broadcast on FM in Abidjan only, except for
RFI, which broadcast via relay antennas to the north and center of the
country. The RFI and BBC stations retransmitted internationally
produced programming. The Africa Number One station, which was 51
percent locally owned, broadcast 6 hours of locally produced
programming every day; retransmitted programming from Africa Number
One's headquarters in Libreville, Gabon, filled the remaining air time.
Radio Nostalgie was 51 percent owned by Radio Nostalgie France, but it
was considered a local radio station. The RFI, BBC, and Africa Number
One stations all broadcast news and political commentary about the
country.
There were approximately 50 community radio stations authorized
under government regulations. They had limited broadcast range and were
allowed no foreign language programming, no advertising, and only
public announcements limited to the local area. Some of the stations
did not broadcast for the lack of resources.
In May 2001 the Government announced that five new private TV
stations and eight new private radio stations would begin broadcasting.
The first of these, Private TVCI International, began broadcasting in
mid-October.
The Government owned and operated two television stations (RTI 1
and RTI 2) that broadcast domestically produced programs. Only one
broadcast nationwide. Neither station criticized the Government, but
they frequently criticized the opposition or persons who opposed the
Government's actions. There were two satellite television broadcasters:
One French (Canal Horizon/TV5), and one South African (DS TV). They did
not broadcast domestically produced programs. The Government did not
accept any applications to establish privately owned domestic
television stations.
The private radio stations, except for Radio Nostalgie, had
complete control over their editorial content. The Government monitored
Radio Nostalgie closely because the major shareholders of the company
were close to RDR president Alassane Ouattara. National broadcast
regulations forbade the transmission of any political commentary, and
Radio Nostalgie's operations were suspended temporarily several times
in 2001 for allegedly violating that regulation. Radio Nostalgie was
ransacked on several occasions before and after September 19. On
October 17, approximately 20 men wearing military uniforms ransacked
the offices of Radio Nostalgie. Eyewitnesses reportedly saw them arrive
in vehicles bearing government markings. The office of Radio
Nostalgie's chief executive officer, Hamed Bakayoko, was ransacked on
September 9. Bakayoko was a northerner and was considered to be close
to Alassane Ouattara and the RDR. With the events of September 19,
Radio Nostalgie switched to an all-music format, broadcasting no news.
RSF lodged a formal protest with the Government over the attack and the
OLPED also criticized the attack.
After the uprising began September 19, managers of the state-
controlled television and radio stations denied several dozen staff
members access to work. According to the pro-RDR newspapers, the
employees were dismissed because they were not partisans of the
governing FPI party. Although full programming continued, the RTI
Director claimed that workers were denied access because the stations
needed only essential staff as a result of the post-September 19
turmoil and programming modifications.
On September 22, the Government suspended the local FM broadcasts
of RFI, BBC, and Africa Number One, because they allegedly broadcast
untrue, distorted, or biased reports on the conflict and supported the
rebels. All three stations had aired statements or interviews with
rebel soldiers as well as wide-ranging reports on events throughout the
country. Government-controlled broadcasts continued uninterrupted.
On October 10, three armed policemen detained BBC correspondent
Kate Davenport. The policemen initially attempted to confiscate the
reporter's equipment; however, when she refused to hand it over, the
police forced themselves into her car and demanded that she drive them
to a police station. The police released Davenport after a few hours.
On October 17, DST officials arrested Gael Mocaer, a French
freelance radio producer, at his hotel room, and held him at the
Government's intelligence headquarters in Abidjan, reportedly because
he might have filmed government buildings without permission. Officials
reportedly removed his personal belongings from the hotel, held him
without charges, and denied him visitors. On October 23, Mocaer was
released without explanation or charges being brought.
On October 21, the rebels in the central city of Bouake began
broadcasting for several hours per day using the RTI TV station to air
speeches and meetings of the MPCI, the rebels' political arm. In
response to pro-rebel broadcasts, the Government accused the RTI
technicians in Bouake of complicity in an illegal rebellion.
The Government did not restrict access to or distribution of other
electronic media. There were 12 domestic Internet service providers, of
which 4 were major providers. All 12 service providers were privately
owned and relatively expensive. The licensing requirements imposed by
the Government telecommunications regulatory body, ATCI, reportedly
were not unduly restrictive.
There is no law specifically concerning academic freedom; however,
in practice the Government tolerated a considerable amount of academic
freedom but inhibited political expression through its proprietary
control of most educational facilities, even at the post-secondary
level. A presidential decree required authorization for all meetings on
campuses.
Many prominent scholars active in opposition politics retained
their positions at state educational facilities; however, some teachers
and professors suggested 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, security
forces continued to use students as informants to monitor political
activities at the University of Abidjan.
Members of the university and secondary students' association,
FESCI, attacked and intimidated teachers, and there were violent
conflicts between FESCI rival groups that resulted in a number of
injuries and a reported death during the year.
There were student protests during the year (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
allows for freedom of assembly; however, the Government sometimes
restricted this right in practice. Groups that wished to hold
demonstrations or rallies were required by law to submit a written
notice of their intent to the Ministry of Security or the Ministry of
Interior 3 days 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. In practice the
Government prohibited specific events deemed prejudicial to the public
order; even if authorization was granted, it later could be revoked.
There were a number of antigovernment marches prior to September
19; most were labor-related demands for pay increases and other
benefits (see Section 6.b.). There were fewer instances than in the
previous year of police forcibly dispersing demonstrations when they
deemed that public order was threatened; generally they allowed the
demonstrations to proceed. There were no reports of the police or other
security forces restricting meetings of NGOs, labor organizations,
religious groups, or professional associations.
On February 25, hundreds of female vendors from a market in the
Yopougon section of Abidjan marched to the President's office to
protest the use of police force to intimidate vendors. The police
allegedly beat several vendors because they had refused to pay the
market taxes. The Prime Minister's Cabinet Director met with the
protesters.
In April police tear gassed shopkeepers in Yopougoon who were
protesting the bulldozing of several small shops, which reportedly did
not conform to building standards.
Following the September 19 rebellion, there were several
progovernment demonstrations. On October 2, more than 10,000 persons
marched peacefully in Abidjan to support President Gbagbo and the
Government forces against the rebels.
An October 22 demonstration at the French military base near the
Abidjan airport resulted in injuries to dozens of marchers when French
troops repelled them with tear gas and water cannons after they
attempted to breach the front gate of the base.
No action was taken against security forces who forcibly dispersed
demonstrations in 2001.
The Constitution provides for freedom of association and the
Government generally respected this right in practice. The Government
allowed the formation of political parties, trade unions, professional
associations, and student and religious groups, all of which were
numerous.
The Constitution states that all parties and nongovernment
organizations must respect the laws of the Republic, including the
requirement that all such organizations register with the Ministry of
Interior before commencing activities. In order to obtain registration,
political parties had to provide information on their founding members
and produce internal statutes and political platforms or goals
consistent with the Constitution. There were no reports that the
Government denied registration to any group, but processing rarely was
expeditious. There were more than 100 legally recognized political
parties, 7 of which were represented in the National Assembly (see
Section 3).
The Constitution prohibits the formation of political parties along
ethnic or religious lines; however, in practice ethnicity and religion
were key factors in some parties' membership (see Sections 2.c. and 5).
c. Freedom of Religion.--The Constitution provides for freedom of
religion and the Government generally respected that right; however,
after September 19, the Government targeted persons perceived to be
perpetrators or supporters of the rebellion, who often were Muslim.
There was no state religion; however, for historical as well as
ethnic reasons, the Government informally favored Christianity, in
particular the Roman Catholic Church. Catholic Church leaders had a
stronger voice in government affairs than their Islamic counterparts,
which led to feelings of disenfranchisement among some Muslims. In
August President Gbagbo restructured and expanded his cabinet to
include 6 Muslims among 37 ministers, one of whom became the Minister
of State for Foreign Affairs and was one of the President's closest
advisers.
The law requires religious groups desiring to operate in the
country to register. In practice the Government's regulation of
religious groups generally has not been unduly restrictive. No
religious group complained during the year of arbitrary registration
procedures or recognition. Although non-traditional religious groups,
like all public secular associations, were required to register with
the Government, no penalties were imposed on groups that failed to
register.
Members of the country's largely Christianized or Islamic urban
elites, which effectively controlled the State, generally were
disinclined to accord to traditional indigenous religions the social
status accorded to Christianity and Islam.
Some Muslims believed that their religious or ethnic affiliation
made them targets of discrimination by the Government with regard to
both employment and the renewal of national identity cards (see Section
5). Due to the tense political situation in the country and the ethnic
divisions that frequently were a strong factor in political party
membership, Muslims (or persons with northern names assumed to be
Muslim) sometimes reportedly were scrutinized more closely when
applying for identity documents. As these northern Muslims shared
names, style of dress, and customs with several of the country's
predominantly Muslim neighboring countries, they sometimes were accused
wrongly of attempting to obtain nationality cards illegally in order to
vote or otherwise take advantage of citizenship. This created a
hardship for a disproportionate number of Muslim citizens.
In late June, after months of improved relations, tensions rose
between RDR supporters and FPI supporters in the period prior to the
July departmental elections. In late June, security forces and RDR and
FPI supporters clashed in and near Daloa. Party militants burned
mosques and churches, as well as homes and villages, especially those
of Muslims. Muslims accused the security forces of favoring the FPI. At
least six persons were killed, although some estimates were much
higher. Also in late June in Abidjan, members of a progovernment
activist student union, FESCI, attacked and injured Muslim university
students. Muslims accused FESCI of grouping Muslims, members of
northern ethnic groups, and RDR loyalists into one identity.
The ongoing rebellion after September 19 generated new ethnic and
religious strains. Security forces entered and searched mosques and
homes of clerics and other Muslims without warrants, allegedly looking
for arms or rebels and sympathizers (see Sections 1.a. and 1.d.).
Security forces detained, questioned or beat some Muslims and
questioned some Islamic leaders on suspicions that they were part of
the unrest. Nationalist newspapers wrote of the ``Islamic plot'' to
topple President Gbagbo, which led the Government to detain, arrest,
and kill an estimated 200 Muslims.
On October 30, the CNI issued a statement asserting that since
September 19 the Muslim community had fallen under unfair suspicion and
was suffering arbitrary arrests, beatings, and killings by the security
forces (see Sections 1.a., 1.c., and 1.d.). The CNI statement claimed
that state television and radio had created a climate of hatred.
Rebels in Bouake and elsewhere in the north executed more than 100
persons, most of whom were Christian, who were members of the
Government's armed forces or persons thought to be loyal to the
Government (see Section 1.a.).
Conflicts within religious groups surfaced occasionally. In
February the Celestial Christian Church reunified after the head of the
church in Nigeria reinstated Blin Jacob Edimou, the founding priest of
the Ivoirian Celestial Church, to his position as head of the Church.
In June all churches that were closed following the violence reopened
after the restoration of unity within the Harrist organization.
Relations between the various religious communities generally were
amicable; however, there was some societal discrimination against
Muslims and followers of traditional indigenous religions (animists).
Some non-Muslims opposed construction of mosques, on the grounds
that the Islamic duty to give alms daily could attract beggars and some
non-Muslims disliked hearing the public calls to prayer emanating from
mosques.
Followers of traditional indigenous religions sometimes were
subject to societal discrimination. Many Christians and Muslims looked
down on practitioners of traditional indigenous religions as pagans,
practitioners of black magic or human sacrifice, and refused to
associate with them. The practices of traditional indigenous religions
often were shrouded in secrecy, and included exclusive initiation
rites, oaths of silence, and taboos against writing down orally
transmitted history. However, many practitioners of traditional
indigenous religions seemingly were unaware of societal discrimination
and did not complain.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution does not provide
specifically for these rights, and the Government on occasion
restricted them in practice. However, after September 19, freedom of
movement was restricted further. The Government generally did not
restrict internal travel. However, police, gendarmes, and water,
forestry, and customs officials frequently erected and operated
roadblocks on major roads, where they demanded that passing motorists
or passengers produce identity and vehicle papers and regularly
extorted small amounts of money or goods for contrived or minor
infractions. In the period prior to the July departmental elections,
FPI militants erected roadblocks to prevent members of other parties
from campaigning or voting (see Section 3).
After September 19, security forces or local civilian ``self
defense committees'' erected numerous roadblocks and harassed and
extorted travelers, commercial traffic and truckers, foreigners,
refugees, UNHCR workers, and others. Uniformed forces and civilian
committees demanded payment at each roadblock, sometimes reportedly
beating and detaining those who could not pay. In addition, the
Government established a restrictive curfew from early evening until
early morning that inhibited movement around the country.
Citizens normally traveled abroad, emigrated freely, and had the
right of voluntary repatriation. However, after the September
rebellion, opposition party members reported that they feared being
arrested at the airport if they attempted to leave the country. Unlike
in the previous year, there were no reported instances of restriction
of opposition politicians from traveling outside of the country.
There were no known cases of revocation of citizenship. The
citizenship issue continued to be debated extensively during the year.
The public debate over Alassane Ouattara's citizenship, electoral
eligibility, and reinstatement of his political and citizenship rights
resulted in an Abidjan court granting him in June a certificate of
nationality, valid for only 6 months, which was required to run for
public office.
The Constitution does not provide for the 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 law includes refugees
but does not specify a separate legal status for them. The Government
provides first asylum, and, according to a UNHCR census in June, there
were 72,000 registered refugees in the country, primarily from Liberia
and Sierra Leone. From January to April, approximately 7,000 new
Liberian refugees entered the country.
The Government cooperated with UNHCR and other humanitarian
organizations in assisting refugees. The UNHCR announced plans during
the year to close three field offices in the western part of the
country; however, the Government protested the decision, and the UNHCR
decided to retain two field offices. The September rebellion halted
plans to build new refugee camps and the UNHCR removed its
international staff from those field offices when the security
situation deteriorated. As the Government and local press publicly
blamed the rebellion on foreigners, UNHCR received threats because of
its role in protecting Liberian and Sierra Leonean refugees.
In the 2 months following the September rebellion, an estimated
30,000 Burkinabe, and more than 1,000 Nigerians, Malians, and Guineans
left the country. Various West African governments complained during
the year about harassment of their citizens in the country (see Section
1.a.). The U.N. and other international organizations documented abuses
against foreigners in Abidjan that included arbitrary arrest, beating,
and theft of money and valuables. A foreign NGO documented many cases
of gangs of youths working in conjunction with security authorities to
beat and extort money and valuables from noncitizen Africans.
Following September 19 and the rebel takeover of the northern half
of the country, an estimated 3,000 citizens sought refuge across the
border in Mali. The Government continued to repatriate those citizens,
transporting them by air to Abidjan. The repatriation program was
ongoing at year's end.
After September the Government's destruction of shantytowns in
Abidjan displaced tens of thousands of persons (see Section 1.f.). An
estimated 80 percent were noncitizen Africans, mostly from Muslim
dominated neighboring countries to the north. Citizens and other co-
nationals in Abidjan neighborhoods took in a large number of the
internally displaced persons (IDPs) temporarily. Some left for their
home countries, some with the aid of their governments. Of the 7,000
IDPs from shantytown destruction, 1,000 were UNHCR-registered refugees.
UNHCR placed these displaced urban refugees in temporary facilities. On
numerous occasions, security forces visited these UNHCR centers after
the curfew, checking the residents' identity documents and
interrogating them, reportedly accusing some of them of being rebels
and threatening to kill them. Despite repeated UNHCR protests to the
Government, the practice continued during the year.
The identity card law included provision for the issuance of
identity cards to refugees. The Minister of Defense indicated that the
Government would issue cards free of charge to refugees, but none were
issued during the year. Security officials often did not honor identity
documents issued to refugees by the UNHCR. There were frequent reports
of security officials stopping refugees to ask for identity documents.
When the refugee produced only a UNHCR document, the security officials
often also demanded money. There also were credible reports that
security forces destroyed refugees' identity documents, arbitrarily
detained, and occasionally beat 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 for the right of citizens to change their
government peacefully through democratic means. The Constitution and
Electoral Code provide for presidential elections every 5 years and
legislative elections every 5 years by a single and secret ballot. The
Constitution also continues the tradition of a strong presidency.
Significant violence and irregularities marred presidential elections
held in October 2000 and legislative elections held in December 2000.
The Constitution of the Second Republic was implemented formally in
August 2000. The Constitutional and Electoral Consultative Commission
(CCCE), created by the junta's National Committee of Public Salvation
(DNSP), drafted the Constitution. Members of major political parties
and civil society comprised the CCCE; however, the CNSP and General
Guei made changes to the CCCE's text prior to submitting the draft
Constitution to a referendum. The Constitution was adopted in a
referendum held in July 2000 by 86 percent of those voting. A quasi-
independent commission that included representatives from some
government ministries, civil society, and political parties supervised
the referendum.
The Constitution includes language that is considered more
restrictive than the Electoral Code on questions of parentage and
eligibility requirements for candidates. The presidential elections
followed several postponements and a controversial Supreme Court
decision in October 2000, disqualifying 14 of the 19 candidates,
including all of the PDCI and RDR candidates. RDR leader Ouattara was
excluded from running in the presidential and legislative elections
following the Supreme Court's rulings that he had not demonstrated
conclusively that he was of Ivoirian parentage. Furthermore, the Court
maintained that Ouattara had considered himself a citizen of Upper
Volta (Burkina Faso) earlier in his career. The Court disqualified
Emile Constant Bombet, PDCI candidate and former Interior Minister,
because of pending charges of abuse of office when he was Minister. The
Court disqualified former President Bedie, who also was the president
of the PDCI party, because he did not submit the required medical
certificate.
As a result of the Supreme Court decision, most international
election observers declined to monitor the election. There were only 75
observers nationwide, 29 of whom were European Union observers whose
original mission was to assess the overall security situation. The
nationwide participation rate was 33 percent, and some polling places,
especially in the north, closed early because of the lack of voters.
Preliminary results showed that Gbagbo was leading by a significant
margin. However, on October 23, 2000, soldiers and gendarmes entered
the National Elections Commission (CNE) to stop the count. They
expelled journalists and disrupted television and radio broadcasting.
On October 24, 2000, Daniel Cheick Bamba, an Interior Ministry and CNE
official, announced on national radio and television that the CNE had
been dissolved and declared General Guei the victor with 56 percent of
the vote. Thousands of Gbagbo supporters began protesting almost
immediately, demanding a full vote count. Mass demonstrations continued
until October 26, 2000, and resulted in numerous deaths and injuries.
On October 25, 2000, national radio and television reported that Guei
had stepped down.
When Gbagbo was inaugurated on October 26, 2000, gendarmes loyal to
him violently suppressed RDR street demonstrators demanding new
presidential elections. In December 2000, gendarmes and police officers
also violently dispersed members of the RDR who were demonstrating to
protest against the invalidation of Ouattara's candidacy in the
legislative elections (see Sections 1.c. and 2.b.).
The December 2000 National Assembly election was marred by
violence, irregularities, and a very low participation rate. The FPI
won 96 out of 225 seats in the National Assembly; the PDCI, the former
ruling party, won 77 seats; independent candidates won 17 seats; and 4
other parties won 7 seats. Largely because of the RDR boycott of the
elections to protest the invalidation of Ouattara's candidacy, the
participation rate in the legislative election was only 33 percent. In
addition, the election could not take place in 26 electoral districts
in the north because RDR activists disrupted polling places, burned
ballots, and threatened the security of election officials.
In January 2001, the Government conducted legislative by-elections
in Agnibilekrou and in the northern regions where the elections had
been boycotted and disrupted by the RDR. Following the legislative by-
elections, 223 of the 225 seats of the National Assembly were filled:
The FPI won 96 seats, the PDCI 94 seats, the PIT 4 seats, very small
parties 2 seats, independent candidates 22 seats, and the RDR (in spite
of its boycott of all of the legislative elections) 5 seats. The two
seats from Kong, where Ouattara planned to run, remained unfilled as
the RDR, the only party running in that electoral district, boycotted
the elections.
Citizens' ability to elect sub-national governments was limited.
The State remained highly centralized. Subnational government entities
existed on several levels, and included 19 regions, 58 departments, 230
districts, and 196 communities. However, at the level of the region
(regional prefect), the department (prefect), and the district (sub-
prefect), the Government appointed office holders. Other departmental
and community officials, including mayors, were elected, as were some
traditional chieftains. Subnational governments relied on the central
government for most of their revenues, but mayors had autonomy to hire
and fire community administrative personnel.
On July 7, the country held its first province level departmental
(provincial) elections. Voters selected 58 departmental councils to
oversee local infrastructure development and maintenance as well as
economic and social development plans and projects. Their functions
were not yet completely defined in law. Voter turnout was 28 percent,
compared with 40 percent in the 2001 municipal elections. The ongoing
national identity card program was not completed by the election date,
but the CEI and the Government nonetheless declared that only the new
green national identity card, or an ``attestation of identity''
document issued by local authorities, was valid for voting. Independent
observers calculated that almost one half of all eligible voters were
excluded from the elections by the difficulties and controversy
surrounding issuance of the green cards.
All parties complained that some of their members were unable to
obtain identity cards in time for the voting, but the PDCI and RDR
parties were the most affected. Independent observers and the
independent local press reported cases of FPI party militants putting
up roadblocks to prevent members of other parties from campaigning or
voting and uniformed forces intimidating voters and opening ballot
boxes to empty them of non-FPI votes.
In early August, President Gbagbo formed a national unity
government that included all major political parties. He expanded the
cabinet from 28 to 37 portfolios. In the national unity government the
FPI and its political allies maintained more than two-thirds of the
ministerial posts. On October 3, President Gbagbo created the new
cabinet position of Minister of Interior for Security but
simultaneously subsumed defense and security under the Presidency. In
late November, the RDR party leadership announced that it was
withdrawing its four ministers from the Government, and their
successors had not been named at year's end.
The youth wings of political parties were allowed to organize and
were active. The youth wing of the governing FPI party was a major
political force. With the direct financial support through the
presidency and the protection of the police and military, the FPI youth
wing operated with impunity to control the political debate in the
street, to intimidate the local and national press, and to exclude the
youth wings of the other parties from the political debate. After the
September 19 rebellion, on several occasions in October and November
the youth wing of the FPI (JFPI); closely allied with Panafrican
Congress of Young Patriots (COJEP) led by Charles Ble Goude; and the
Patriots for the Total Liberation of Cote d'Ivoire (UPLT-CI) organized
several progovernment rallies that drew tens of thousands of marchers
(see Section 2.b.). The youth wings of the PDCI and RDR kept a low
profile, especially after September 19 but staged some activities
during the year.
There were no legal impediments to women assuming political
leadership roles. Women held 19 of 225 seats in the National Assembly,
with 2 seats vacant in the district of Kong since the disturbances in
2000. The first vice president of the National Assembly was a woman.
Women held 6 of the 37 ministerial positions in the cabinet. Four of 41
Supreme Court justices were women. Henriette Dagri Diabate served as
Secretary General of the RDR, the party's second ranking position.
There were no legal impediments to the exercise of political rights
by the more than 60 ethnic groups in the country. President Gbagbo
improved ethnic and regional balance in the Government by including
members from 13 different ethnic groups: 10 members of Gbagbo's cabinet
were from his own Krou group (Bete, Dida, and Guere); 4 were from the
Southern Mande group (Gban, Gouro, and Yacouba) in the western
provinces; and 5 ministers were from the north (Malinke and Senoufo).
The remaining 18 ministers were from the center, the east, and the
south (Baoule, Agni, Attie, Aboure, and Abbey), the ethnic groups that
traditionally have been the strongest politically. President Gbagbo's
cabinet contained six Muslims.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups, including LIDHO, MIDH,
Justice Action, and the CVCI generally operated without government
restriction, investigating and publishing their findings on human
rights cases. Government officials generally were cooperative and
responsive to their views. The Government occasionally met with some of
these groups. There were no credible reports of the Government
restricting or prosecuting these groups or their members. Unlike in the
previous year, the Government did not investigate NGOs.
During the year, LIDHO, MIDH, and other human rights groups
gathered evidence and testimony on events. They also frequently
published letters and statements in various independent local daily
newspapers, often criticizing state security forces. The Government
increased restrictions on press freedoms as a result of the September
19 rebellion (see Section 2.a.). Subsequently, only certain independent
daily newspapers would publish LIDHO, MIDH, and CVCI statements and
letters. On October 10, two local newspapers carried a MIDH report on
human rights violations by the rebels and the Government. The October
20 edition of an independent daily newspaper carried a CVCI statement
severely criticizing abuses it stated were committed by the security
forces.
International human rights groups, like AI and HRW, generally
operated without government restrictions, investigating and publishing
their findings on human rights cases. Government officials were
generally cooperative and responsive to their inquiries and views. The
Government generally cooperated with international inquiries into the
post-September 19 human rights situation, authorizing in October
inquiries by both AI and HRW. There were no reports of the Government
suppressing such groups or denying them visas; however, on occasion the
Government has restricted their access to certain sensitive areas. In
October HRW was not allowed to approach shantytowns that were being
razed. AI reported they were not allowed access to prisons in police or
military camps and security forces briefly detained the AI
investigators who wanted to interview persons whose homes had been
razed in a shantytown.
Local newspapers printed the objections lodged by RSF concerning
restrictions placed on the local and international press since the
onset of the crisis September 19 (see Section 2.a.).
During the year, the Government regularly permitted access to the
World Food Program (WFP), the Red Cross, and other international
humanitarian organizations. Both organizations were resident. Eleven
U.N. agencies, including the International Labor Organization (ILO),
and the World Health Organization (WHO) were resident and active
throughout the year.
The Government permitted the publication and dissemination of a
U.N. High Commissioner for Human Rights (UNHRC) communique issued in
October that warned against the spread of propaganda that incited
hatred and racial discrimination, and called upon the Government to
strengthen its commitments to international agreements prohibiting such
attitudes. On November 8, the U.N. High Commissioner for Human Rights
called on the Government to pursue the perpetrators of kidnapings,
arbitrary detentions, and summary executions.
When President Gbagbo created the national unity government in
early August, he created a Ministry of Human Rights and appointed as
Minister a highly regarded attorney and experienced magistrate. After
the outbreak of the rebellion, on October 17, she met with the
principal human rights organizations, including LIDHO and MIDH, to
express the Government's continued concern for human rights, despite
the ongoing strife. The Ministry installed a free telephone hotline to
allow victims of harassment to inform the appropriate authorities and
launched a program of short television messages on human rights. On
October 22, in an interview with the Government daily newspaper,
Fraternite Matin, the Human Rights Minister appealed to both government
and rebel forces to respect the internationally agreed human rights
standards during wartime.
In October the NGO Group for Research on Democracy and Economic and
Social Development (GERDDES-CI) conducted a human rights awareness
campaign in response to the events following the uprising. GERDDES
formed 6-person teams with Christian and Muslim representatives and
members of leading human rights and democracy groups. The teams met
local ethnic, religious, and political leaders in key ``front line''
districts to hear their concerns and to counsel tolerance. On October
25, President Gbagbo received GERDDES-CI director Honore Guei and other
leaders to lend his political support to the project.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution and the law prohibit discrimination based on race,
ethnicity, national origin, sex, or religion; however, in practice
women occupied a subordinate role in society. Ethnic discrimination and
division were problems.
Women.--Representatives of the Ivoirian Association for the Defense
of Women (AIDF) stated that spousal abuse (usually wife beating)
occurred frequently and often led to divorce. A 1998 AIDF survey found
that many women refused to discuss domestic violence; of women who
completed the AIDF interviews, nearly 90 percent had been beaten or
struck on at least one occasion. Female victims of domestic violence
suffered severe social stigma. The courts and police viewed domestic
violence as a family problem unless serious bodily harm was inflicted,
or the victim lodged a complaint, in which case they could initiate
criminal proceedings. However, a victim's own parents often urged
withdrawal of a complaint because of the shame that attached to the
entire family. The Government did not collect statistics on rape or
other physical abuse of women. The Government had no clear policy
regarding spousal abuse. The civil code prohibits, and provides
criminal penalties for, forced or early marriage and sexual harassment,
but contains nothing about spousal abuse.
Women's advocacy groups protested the indifference of authorities
to female victims of violence and called attention to domestic violence
and FGM. The groups also reported that women victims of rape or
domestic violence often were ignored when they attempted to bring the
violence to the attention of the police. AIDF and the Republican
Sisters, another women's NGO, continued to seek justice on behalf of
rape victims but had made no progress by year's end. AIDF ran a house
for battered girls and wives, which reportedly received approximately
18 battered women per week. The AIDF also opposed forced marriage and
defended the rights of female domestic workers.
FGM was a serious problem. The law specifically forbids FGM and
imposes on those who perform it criminal penalties of imprisonment for
up to 5 years and a fine of approximately $540 to $3,000 (360,000 to 2
million CFA francs); double penalties apply to medical practitioners.
FGM was practiced primarily among the rural populations in the north
and west and to a lesser extent in the center. The procedure usually
was performed on young girls or at puberty as a rite of passage, with
techniques and hygiene that did not meet modern medical standards.
According to WHO and the AIDF, as many as 60 percent of women have
undergone FGM. Many families from the cities went back to their
villages to have their daughters circumcised. The practice was
declining in popularity, but persisted in many places. In 2001
approximately 100 girls underwent FGM in the western department of
Guiglo.
In July Mrs. Adom Coulibaly, Director of Regulations and Protection
at the Ministry of Women's Affairs, led a mission of women NGO leaders
and magistrates to several districts of Abidjan to talk about the risks
associated with FGM, as well as the legal sanctions imposed on those
who practiced it. News that some Yacouba women living in the Abobo
section of Abidjan intended to circumcise their daughters prompted the
teach-in. On September 24, the Inter Press Service published an article
on an excision ceremony in the western town of Gbangbegouine. During
the year, the Manh Boya theater group continued its sensitization
campaign against FGM and illiteracy in several districts of Abidjan as
well as in the north of the country. As a result of the active campaign
against FGM undertaken by the Government and NGOs, during 2001 several
practitioners were arrested for performing excisions. One woman still
was serving a sentence at the MACA for having performed FGM at year's
end.
Women from nearby countries sometimes were trafficked to Cote
d'Ivoire, including for prostitution (see Section 6.f.).
Prostitution is not illegal as long as it occurred between
consenting adults in private. Soliciting and pandering both were
illegal and the Morals Squad sometimes enforced the law. Operating an
establishment that was mainly for prostitution also was illegal. A
local NGO estimated that 58 percent of the women prostitutes in Abidjan
were not citizens (see Section 6.f.).
The Constitution and the law prohibit discrimination on the basis
of sex; however, women occupied a subordinate role in society.
Government policy encouraged full participation by women in social and
economic life; however, there was considerable informal resistance
among employers to hiring women, whom they considered less dependable
because of their potential pregnancy. Some women also encountered
difficulty in obtaining loans, as they could not meet the lending
criteria established by banks such as a title to a house and production
of a profitable cash crop, specifically coffee and cocoa. Women in the
formal sector usually were paid at the same rate as men (see Section
6.e.). In rural areas, women and men divided the labor, with men
clearing the land and attending to cash crops such as cocoa and coffee,
while women grew vegetables and other staples and performed most
household tasks.
Women's advocacy organizations continued to sponsor campaigns
against forced marriage, marriage of minors, patterns of inheritance
that excluded women, and other practices considered harmful to women
and girls. Women's advocacy organizations also campaigned during the
year against the legal texts and procedures that discriminated against
women. In March during the Government-sponsored ``Women's Fortnight,''
women from all regions of the country asked the Government to reform
the social security code and to increase the family allowance paid for
children. Women criticized the fact that because the tax code did not
recognize women as heads of households, female workers frequently paid
income tax at a higher rate than their male counterparts. Women also
asked that prenatal allowances be exempt from tax, that women and men
share parental authority, and that the pensions of deceased salaried
women be paid to the widower. No action was taken by year's end.
Children.--The Ministries of Public Health and of Employment,
Public Service, and Social Security sought to safeguard the welfare of
children, and the Government also encouraged the formation of NGOs such
as the Abidjan Legal Center for the Defense of Children.
The Government strongly encouraged children to attend school;
however, primary education was not compulsory. Primary education was
free but usually ended at age 13. Poverty caused many children to leave
the formal school system when they were between the ages of 12 and 14.
A student who fails the secondary school entrance exams does not
qualify for free secondary education. The family must then pay for
secondary education, which many cannot afford.
Students who passed entrance exams may elect to attend free public
secondary schools. Secondary school entrance was restricted by the
difficulty of the exam, which changed each year, and the Government's
ability to provide sufficient spaces for all who wished to attend. Many
children left school after only a few years. According to government
statistics, 57 percent of school age children (ages 6 to 18) attended
primary school in the 2000-2001 academic year. According to UNICEF
statistics, 62 percent of girls of primary school age reportedly were
enrolled in school in 2000, compared with 58 percent in 1996. The
percentage of girls attending junior high and high schools was less
than 20 percent and 10 percent, respectively. The upward trend in
school attendance of girls was attributable to various initiatives over
the past 10 years by the Government and international organizations,
such as UNICEF and the African Development Bank. The WFP has worked
with the Government to establish a countrywide system of school
canteens that provided lunches for $.04 (25 CFA francs). The Gbagbo
government abolished the requirement that pupils wear a uniform to
primary schools, which is expected to increase female enrollment
because school will be cheaper for families. The Government also
distributed free books and school supplies in some targeted primary
schools.
Parental preference for educating boys rather than girls persisted,
particularly in rural areas. Before September 19, primary school
enrollment for girls was increasing in the northern part of the
country. The Minister of National Education stated that almost one-
third of the primary and secondary school dropout rate of 66 percent
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. The penalty for
statutory rape or attempted rape of either a girl or a boy aged 15
years or younger was a 1- to 3-year prison sentence and a $150 to
$1,500 (100,000 to 1 million CFA francs) fine.
The Ministry of Health operated a nationwide network of clinics for
children, infants, and prenatal care (PMI) staffed with nurses and
doctors who served the local residents, whether citizens or
noncitizens, free or at low cost. The Health Ministry also conducted a
nationwide vaccination program for measles, yellow fever, meningitis
and other diseases and publicized ``well baby'' contests. Rotary Clubs
sponsored a polio vaccination campaign throughout the country. There
were no reported differences in the treatment of boys and girls.
There were large populations of street children in the cities.
During the year, the Government newspaper, Fraternite Matin, reported
215,000 street children in the country, of whom 50,000 were in Abidjan.
According to the AIDF, the BICE (International Catholic Children's
Office), the Ministry of Family, Women, and Children's Affairs, and
press reports, some children were employed as domestics and were
subject to sexual abuse, harassment, and other mistreatment by their
employers (see Section 6.d.). A forum of approximately 15 NGOs,
including Children of Africa and the BICE, worked with approximately
8,000 street children in training centers, similar to halfway houses.
The NGOs paid the children a small subsistence sum while teaching them
vocational and budgeting skills. The Ministry of Family, Women, and
Children's Affairs reported that many street children were reluctant to
stay in training centers where they earned no money and were subject to
strict discipline.
The Ministry of Family, Women, and Children made efforts to reduce
the number of children working outside the confines of their own family
to curb child abuse (see Section 6.d.).
In some parts of the country, FGM was performed commonly on girls
(see Section 5, Women).
Children regularly were trafficked into the country from
neighboring countries (see Section 6.f.).
The rebel forces that controlled the northern half of the country
used child soldiers who they recruited and armed after September 19.
U.N. organizations reported from Bouake and other northern sites that
most of the young recruits or volunteers were 17 or 18 years of age;
however, there were some who were 15 or younger.
Persons with Disabilities.--The law requires the Government to
educate and train persons with physical, mental, visual, auditory, and
cerebral motor disabilities, 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 persons with
disabilities. The Government was working to implement these
requirements at year's end. Wheelchair accessible facilities for
persons with disabilities were not common, and there were few training
and job assistance programs for persons with disabilities.
Laws also exist that prohibit the abandonment of persons with
mental or physical disabilities and enjoin acts of violence directed at
them. Persons with mental disabilities often lived in the streets.
Adults with disabilities were not specific targets of abuse, but they
encountered serious difficulties in employment and education. The
Government supported special schools, associations, and artisans'
cooperatives for persons with disabilities, but many persons with
physical disabilities begged on urban streets and in commercial zones.
In August following a strike by persons with disabilities demanding
increases in their minimal benefits, the Government created a new
Ministry for Social Affairs and the Handicapped.
Traditional practices, beliefs, and superstitions varied, but
infanticide in cases of serious birth defects was less common than in
the past.
National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse. Citizens born in the country derived from five
major families of ethnic groups. The Akan family comprised more than 42
percent of the citizenry; the largest Akan ethnic group, and the
largest ethnic group in the country, was the Baoule. Approximately 18
percent of citizens belonged to the northern Mande family, of which the
Malinke were the largest group. Approximately 11 percent of citizens
belonged to the Krou family, of which the Bete were the largest group.
The Voltaic family accounted for another 18 percent of the population,
and the Senoufou were the largest Voltaic group. Approximately 10
percent belonged to the southern Mande family, of which the Yacouba
were the largest group. Major ethnic groups generally had their own
primary languages, and their nonurban populations tended to be
concentrated regionally.
All ethnic groups sometimes practiced societal discrimination on
the basis of ethnicity. Urban neighborhoods still had identifiable
ethnic characteristics, and major political parties tended to have
identifiable ethnic and regional bases, although interethnic marriage
increasingly was common in urban areas.
At least 26 percent of the population was foreign, and of that
group, 95 percent were other Africans. There were more than 5 million
West African immigrants living in the country. Most of the Africans
were from neighboring countries, with half of them from Burkina Faso.
Birth in the country did not automatically confer citizenship.
Some ethnic groups included many noncitizens, while other ethnic
groups included few noncitizens. There were societal and political
tensions between these two sets of ethnic groups. This cleavage
corresponded to some extent to regional differences; ethnic groups that
included many noncitizens were found chiefly in the north and west.
Members of northern ethnic groups that were found in neighboring
countries as well as in the country often were required to document
their citizenship, whereas members of formerly or presently politically
powerful ethnic groups of the south and center reportedly were not
required to do so. Police routinely abused and harassed noncitizen
Africans residing in the country (see Section 1.d.). Official
harassment reflected the frequently encountered conviction that
foreigners were responsible for high crime rates, as well as a concern
for identity card fraud. After the rebellion of September 19,
harassment of northerners increased markedly.
The Constitution includes a presidential eligibility clause that
limits presidential candidates to those who can prove that both parents
were born citizens in the country and states that a candidate never may
have benefited from the use of another nationality. Because of this
restriction, RDR leader Alassane Ouattara was declared ineligible for
both presidential and legislative elections in 2000 (see Section 3). In
June a court granted him an Ivoirian certificate of nationality of
limited duration.
Over the past decades, many West Africans, especially from the
neighboring countries to the north migrated to the country to work on
cocoa or fruit plantations or have sought to earn their living in
Abidjan and other cities. Outdated or inadequate land ownership laws
gave rise to conflicts with an ethnic and antiforeigner aspect.
Ethnic tensions led to fighting and deaths, especially at the time
of the July 7 departmental elections (see Section 1.a.). For example,
on July 8 in Gagnoa, conflict between members of the Bete ethnic group
(President Gbagbo's group) and Dioulas (a general term for persons of
northern ethnic groups, whether citizens or noncitizens) left 3 dead
and 43 injured. Later in July, Betes and Dioulas youth attacked each
other in Daloa, which resulted in 1 dead, 14 injured, several women
were raped, and several houses damaged. In early July, Ebrie (from the
coastal lagoons) and Dioulas clans clashed in Songon-Agban near
Abidjan, injuring 5 persons.
After September 19, President Gbagbo accused ``a neighboring
country'' of being behind the rebellion. The Government razed
shantytowns where many poor West African immigrants and citizens lived,
rendering as many as 12,000 persons homeless (see Section 1.f.).
On October 6, government television declared that the key to
victory over the rebels was to expel all Burkinabe immigrants. In a
televised address on October 8, President Gbagbo asked citizens not to
attack foreigners. In October government supporters in the western
region of Duekoue forced more than 2,000 Burkinabe nationals to leave
their cocoa and coffee farms, accused them of being rebel sympathizers,
and reportedly killed 11 of them. In late October, the Governments of
Burkina Faso and Mali issued statements criticizing the rebellion and
urging the Government to stop attacks on their citizens and other
foreigners.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the Labor Code
grant all citizens, except members of the police and military services,
the right to form or join unions. Registration of a new union required
3 months. Two of the three largest labor federations were the General
Union of Workers of Cote d'Ivoire (UGTCI) and the Federation of
Autonomous Trade Unions of Cote d'Ivoire (FESACI). The third largest
federation, Dignite, and one other were not affiliated with the
Government. Unions legally are free to join federations other than the
UGTCI. In the past, the Government pressured unions to join the UGTCI
but no longer does so.
Only a small percentage of the workforce was organized, and most
laborers worked in the informal sector that included small farms, small
roadside and streetside shops, and urban workshops. However, large
industrial farms and some trades were organized. There was an
agricultural workers union.
Labor inspectors had the responsibility to enforce a law that
prohibits antiunion discrimination. There have been no known
prosecutions or convictions under this law, nor have there been reports
of antiunion discrimination.
Unions were free to join international bodies, and the UGTCI was
affiliated with the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
protects persons working in the formal sector (approximately 1.5
million workers or 15 percent of the workforce) from employer
interference in their right to organize and administer unions. The
Constitution provides for collective bargaining, and the Labor Code
grants all citizens, except members of the police and military
services, the right to bargain collectively. Collective bargaining
agreements were in effect in many major business enterprises and
sectors of the civil service. In most cases in which wages were not
established in direct negotiations between unions and employers, the
Ministry of Employment and Civil Service established salaries by job
categories (see Section 6.e.).
The Constitution and statutes provide for the right to strike and
the Government generally protected that right in practice. However, the
Labor Code requires a protracted series of negotiations and a 6-day
notification period before a strike may take place, making legal
strikes difficult to organize. Workers in the private and government
sectors continued to strike over working conditions and terms of
employment; however, the Government generally tolerated the strikes,
which rarely resulted in violence.
In 2001 the Government asked labor organizations and other ``social
partners'' to abide by a ``social truce'' to limit strikes or other
actions that would slow economic activity while the Government reformed
and strengthened institutions. The Labor Ministry arbitrated more than
120 labor conflicts during the year, in spite of the ``social truce.''
Employees could appeal decisions made by labor inspectors to labor
courts.
There were several strikes during the year, including by judges
(see Section 1.e.). In late January and early February, police in
Abidjan went on strike to demand salary equivalency with the
gendarmerie. On January 28, a meeting between policemen and the late
Interior Minister Boga Doudou ended when a tear gas grenade exploded.
It remained unclear who detonated the grenade. After the policemen met
with Prime Minister Affi N'Guessan, the two sides resolved the pay
dispute, and the policemen returned to work after receiving a
compromise wage increase.
When municipal workers went on strike in March to demand the
reinstatement of more than 200 dismissed city employees, the Mayor of
the Abobo area of Abidjan ordered security forces to break up the
protest. After the strike, some of the dismissed employees were
rehired.
On June 24, security personnel forcibly broke up a hunger strike by
seven of Air Afrique's female workers who complained of not receiving
pay for 10 months (like all workers for the defunct air carrier).
Security forces arrested the strikers following their unsuccessful
meeting with the Transport Minister. All the women were released the
same or the next day.
There were no developments in the cases of security forces who
forcibly dispersed strikes in 2001 and 2000.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, the ILO's Committee of
Experts in its annual report for 2000 questioned a decree that places
certain categories of prisoners at the disposal of private enterprises
for work assignments without their apparent consent. Legislation exists
allowing inmates to work outside of prison walls; however, because of a
lack of funds to hire wardens to supervise the inmates, the law often
was not invoked.
The Government did not enforce the prohibition against forced child
labor effectively (see Section 6.f.). Approximately 109,000 child
laborers worked in hazardous conditions on cocoa farms in the country
in what has been described as the worst forms of child labor (see
Section 6.f.); some of these children were forced or indentured workers
but 70 percent worked on family farms or with their parents.
d. Status of Child Labor Practices and Minimum Age for
Employment.--In most instances, the legal minimum working age is 14;
however, the Ministry of Employment and Civil Service enforced 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 worked on
family farms, and some children routinely acted as vendors, shoe
shiners, errand boys, and car watchers and washers in the informal
sector in cities. There were reliable reports of children laboring in
``sweatshop'' conditions in small workshops. Children also worked in
family operated artisanal gold and diamond mines. Although the
Government prohibits forced and bonded child labor, it did not enforce
this prohibition effectively (see Section 6.f.).
e. Acceptable Conditions of Work.--The Government administratively
determined monthly minimum wage rates, which last were adjusted in
1996. During the year President Gbagbo promised a comprehensive pay
raise; however, only the police had received an increase by year's end
(see Section 6.a.). Minimum wages varied according to occupation, with
the lowest set at approximately $52 (36,000 CFA francs) per month for
the industrial sector, which was not sufficient to provide a decent
standard of living for a worker and family. A slightly higher minimum
wage rate applied for construction workers. The Government enforced the
minimum wage rates only for salaried workers employed by the Government
or registered with the social security office. The majority of the
labor force worked in agriculture or in the informal sector where the
minimum wage did not apply. According to a Labor Ministry survey,
workers in the agricultural and fishing sector received an average of
$1,100 (726,000 CFA francs) a year.
Labor federations such as Dignite attempted to fight for just
treatment under the law for workers when companies failed to meet
minimum salary requirements or discriminated between classes of
workers, such as local and foreign workers.
For example, the sanitary services company ASH continued to pay
wages as low as $15.50 (12,000 CFA francs) a month to female employees
who swept the streets of Abidjan. According to Dignite, labor
inspectors continued to ignore this violation of the law. The
shipbuilding company Carena continued to discriminate between European
engineers who were paid on average $11,400 (8 million CFA francs) a
month and their African colleagues who received approximately $114
(80,000 CFA francs) a month. Government labor and employment
authorities did not take action in these cases.
Through the Ministry of Employment and the Civil Service, the
Government enforced 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. Employees in the
formal sector generally were protected against unjust compensation,
excessive hours, and arbitrary discharge from employment. The standard
legal workweek was 40 hours. The Labor Code requires overtime payment
on a graduated scale for additional hours and provides for at least one
24-hour rest period per week.
Working conditions did not improve during the year and, in many
cases, continued to decline. Government labor inspectors could order
employers to improve substandard conditions, and a labor court could
levy fines if the employer failed to comply with the Labor Code.
However, in the large informal sector of the economy, the Government
enforced occupational health and safety regulations erratically, if at
all. The practice of labor inspectors accepting bribes was a growing
problem, and observers believed that it was widespread. Workers in the
formal sector had 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 could not absent themselves from such labor without risking
the loss of their employment. Several million foreign workers, mostly
from neighboring countries, typically worked in the informal labor
sector, where labor laws did not apply.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and although the Government increased its antitrafficking
efforts, trafficking in persons was a problem. The Government
prosecuted traffickers under existing laws against the kidnaping of
children. The country was a source and destination country for women
and children.
Law enforcement efforts continued during the year. After the events
of September 19, minimal law enforcement continued in government-held
territory. The military fronts that divided the country prevented
northern workers from reaching the cocoa, coffee, and other rich
agricultural zones in the south where labor demand is high.
Furthermore, the rebels closed the borders with Mali and Burkina Faso.
During the year, authorities intercepted several persons involved
in trafficking. UNICEF had no estimate of the number of children
intercepted or repatriated during the year. For example, in February
police arrested two Ghanaian nationals for smuggling 7 young girls
between the ages of 6 and 19 into the country to work as household
servants. Also in February, the police arrested a citizen while trying
to transport three Malian children into the country. The children were
returned to their parents. In April gendarmes intercepted and arrested
3 citizens in Daoukro while they attempted to transport 15 young girls
between the ages of 12 and 14 to work in households in Abidjan. The
girls were returned to their families in the area.
In May a citizen of Benin was arrested in Meagui, near the Soubre
cocoa region, when authorities discovered 30 persons between the ages
of 10 and 30 in his residence. The children said they had been promised
jobs paying between $300 and $600 (200,000 and 400,000 CFA francs) per
year. Some reported having worked in various jobs for as long as 4
years without receiving compensation. They eventually were repatriated
to Benin by UNICEF.
There were no developments in the trafficking cases from 2001 and
2000.
The Government cooperated with neighboring countries, international
organizations, and NGOs to combat trafficking in persons. During the
year, the Minister of Employment and the Minister of Family, Women, and
Children's Affairs continued working with Malian authorities to prevent
crossborder child trafficking and to repatriate Malian children from
the country. The Government continued to work with the Governments of
Burkina Faso and Togo on an antichild trafficking and repatriation
protocol, similar to the agreement with Mali, but no such agreements
were signed by year's end. The talks have not been held since the
September rebellion broke out. In July 2001, a national committee for
the fight against child trafficking was created that included
representatives from the Ministries of Foreign Affairs, Interior,
Security and Decentralization, Justice, Labor, Agriculture,
Communication, Social Affairs and National Solidarity, and Family,
Women, and Children's Affairs. Representatives from several national
and international organizations and NGOs, such as UNICEF, REFAMP-CI
(network of women ministers and parliamentarians), and the BICE, also
were part of the committee. In September the Government and NGOs held a
forum in Bouake to highlight the problem of trafficking of young
Nigerian girls (often as young as 12 to 15 years of age) to work as
prostitutes in urban areas.
The extent of the problem was unknown. The country's cities and
farms provided ample opportunities for traffickers, especially of
children and women. The informal labor sectors were not regulated under
existing labor laws, so domestics, most nonindustrial farm laborers and
those who worked in the country's wide network of street shops and
restaurants remained outside most government protection.
The regular trafficking of children into the country from
neighboring countries to work in the informal sector in exchange for
finder's fees generally was accepted. Children were trafficked into the
country from Mali, Burkina Faso, Ghana, Togo, Benin, and Mauritania for
indentured or domestic servitude, farm labor, and sexual exploitation.
There were reports that children, some as young as 6 years of age, were
trafficked from Benin to work as agricultural laborers and maids.
Women principally were trafficked to the country from Nigeria,
Ghana, Liberia, and Asian countries. A local NGO estimated that 58
percent of the women prostitutes in Abidjan were not Ivoirians and
reported that a small number of Ivoirian women were trafficked to
Europe and the Middle East for prostitution.
Women and children were trafficked from the country to African,
European, and Middle Eastern countries.
The controversy over child labor in the cocoa sector in the country
continued, and the U.S. Agency for International Development (USAID),
the ILO, the Institute of Tropical Agriculture, and the Chocolate
Manufacturers' Association financed studies to document the problem.
The survey research, released to the Government in July, revealed that
most children who were working in the cocoa sector worked on the
family's farm (approximately 70 percent) or beside their parents.
Others, most frequently the children of extended family members or
persons well known to them, indicated their or their family's agreement
to leave their respective countries to work on farms in the country to
earn money or in search of a better life. The research showed that
approximately 109,000 child laborers worked in hazardous conditions on
cocoa farms in the country in what the study described as the worst
forms of child labor. The studies estimated that 59 percent were from
Burkina Faso, 24 percent were citizens, and the others were from Mali
or other countries to the north.
In 2001 international media reports exposed the practice of
importing and indenturing Malian boys for fieldwork on Ivoirian farms
and plantations under abusive conditions. For example, children
recruited by Malians in the border town of Sikasso were promised easy
and lucrative jobs in the country, transported across the border, and
then sold to others who dispersed them throughout the farms and
plantations of the central and western regions. According to press
reports, some of the trafficked boys were under 12 years of age and
were placed in indentured servitude for $140 (100,000 CFA francs) where
they worked 12-hour days under grueling conditions for $135 to $190
(95,000 to 125,000 CFA francs) per year and were locked at night in
crowded sheds with their clothing confiscated.
__________
DJIBOUTI
Djibouti is a republic with a strong presidency and a weak but
evolving legislature. In April 1999, the country elected its second
president since gaining independence from France in 1977. Ismael Omar
Guelleh, the candidate of the ruling People's Rally for Progress (RPP),
won the election with 74 percent of the vote against opposition
candidate Moussa Ahmed Idriss whose Unified Dijiboutian Opposition
Party (ODU) received 26 percent of the vote. For the first time since
multiparty elections began in 1992, no group boycotted the election.
The ODU later challenged the results; 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 in May 1999, 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). The 1997
legislative elections, in which the ruling party coalition won all 65
seats, took place without international observers amid opposition
claims of massive fraud. Legislative elections have not been held since
that time. The judiciary was not independent of the executive.
The 8,000-member National Police Force (FNP) was responsible for
internal security and border control and was under the control of the
Ministry of Interior. The Ministry of Defense controlled the army. The
Gendarmerie Nationale, a police force responsible for the President's
security, was an autonomous unit under the Ministry of Defense. The
President retained an elite Republican Guard, which was an independent
unit of the Gendarmerie National. A small intelligence bureau reported
directly to the President. Civilian authorities generally maintained
effective control of the security forces, but there were instances in
which the security forces acted independent of the Government's
authority. Members of the security forces committed serious human
rights abuses.
The country has little industry and few natural resources; its
population was estimated at 650,000. Outside the capital city, the
primary economic activity was nomadic subsistence. Citizens were 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 included approximately 8,000
French citizens, was estimated at no more than $250 (44,000 DF) per
capita annually. Unusually low rainfall caused drought conditions that
negatively affected some of the population. Much of the country's
wealth was concentrated in the hands of a small elite.
The Government's human rights record remained poor, and serious
problems remained. The RPP continued to control the political system
and to suppress organized opposition. There was at least one report of
the arbitrary or unlawful deprivation of life by the Government or its
agents. There were credible reports that security forces beat,
physically abused, and raped prisoners and detainees; however, unlike
in previous years, there were no reports that security forces tortured
detainees. Police beat protesters. The Government did not take steps to
prosecute human rights abusers and official impunity was a problem.
Prison conditions remained harsh. The Government continued to detain
persons arbitrarily. Prolonged detention and incommunicado detention
were problems. The judiciary was not independent of the executive and
did not provide citizens' due process. The Government infringed on
citizens' privacy rights. The Government restricted freedom of the
press. The Government limited freedom of assembly, used force to
disperse demonstrations and strikes, and restricted freedom of
association. While the Government respected freedom of religion in
general, it discouraged proselytizing. There were some limits on
freedom of movement. The Government remained antagonistic to the
formation of human rights groups. Violence and discrimination against
women persisted, and, although the Government prohibited such
practices, the practice of female genital mutilation (FGM) continued to
be widespread. Discrimination on the basis of ethnicity, nationality,
and clan background persisted. The Government restricted unions and
harassed and intimidated their leaders. Child labor exists.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There was at least
one report of the arbitrary or unlawful deprivation of life by the
Government or its agents.
On April 18, members of the Presidential guard under the command of
Captain Mohamed Djama fired on demobilized military pensioners
protesting in front of the Presidential palace, killing one and
injuring two others (see Section 2.b.).
Landmines laid by the Government and FRUD forces in the 1990's
remained in some areas of the country, especially in areas controlled
by the FRUD prior to the peace accord. There were no confirmed reports
of deaths due to landmines during the year. The Government continued
efforts at demining and reports indicated that the country will soon be
declared ``mine safe.''
No action was taken against the members of the security forces
responsible for the following killings in 2001: The February police
shooting of Mohamed Assa Ali; the February police shooting of Asari
Mohmed Moussa; the June military killing of one inhabitant of Hol-Hol
refugee camp.
No action was taken, nor was any likely, against the members of the
security forces responsible for the following killings in 2000: The
December killings of 9 persons during an attempted overthrow of the
Government; the October killing of a demonstrator; the June killing of
Daher Guedi Fourreh, nephew of Moumin Bahdon Farah, the leader of the
opposition party Groupe pour la Democratie et Republique (GDR).
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
continued to be credible reports that police and gendarmes beat,
physically abused, and raped prisoners and detainees. Unlike in
previous years, there were no reports that security forces tortured
detainees.
Police beat protestors while dispersing several demonstrations
during the year (see Section 2.b.).
There was no action taken, nor was any likely, against members of
the security forces responsible for the following actions in 2000: The
police raping, beating, and stealing from the approximately 5,000
undocumented foreigners arrested and detained in December; the December
injuring of 10 persons during a clash between police and Gendarmerie;
and the October police shooting and injuring of several demonstrators.
There were no confirmed reports of injuries due to landmines during
the year (see Section 1.a.).
Prison conditions were harsh, and overcrowding was severe. Gabode
prison, built for 350 persons, at times housed nearly twice that
number. The Government sometimes shortened prison terms to reduce
overcrowding. The Ministry of Justice noted that many of the prisoners
were illegal Ethiopian immigrants who have committed crimes in the
country, but that the majority of the more than 400 prisoners in Gabode
prison at year's end were citizens. Prisoners reportedly must pay
authorities to obtain food or to receive food brought by family
members. Several prisoners were reported to be suffering from untreated
illnesses or gunshot wounds received during arrest. Medical care was
inadequate, and the prison infirmary lacked sufficient medication and
medical staff. There were no educational or rehabilitation facilities
within the prison. The lack of funding hampered the ability of Ministry
of Justice officials to improve conditions or provide even minimal
services.
Women and men were detained in separate cells. Reports persisted
that prison guards raped female inmates. Children of female inmates
under the age of 5 sometimes were allowed to stay with their mothers;
authorities said that milk was provided for the children. In principle
juveniles were housed separately from adult prisoners; however, in
practice this was not always the case. Pretrial detainees usually were
not held separately from convicted prisoners due to the lack of
facilities.
On July 18, former police chief Yacin Yalah Galab died, 5 weeks
after being sentenced to 15 years imprisonment for his role in the
failed 2000 coup attempt, amidst rumors that the Government had denied
him access to necessary medical treatment (see Section 1.e.).
An International Committee of the Red Cross (ICRC) delegate from
Kenya made quarterly visits to the main prison. During the year, the
ICRC visited the detained police officers who were accused of plotting
to overthrow the Government in December 2000 (see Section 1.d.). The
president of the Djiboutian Human Rights League (LDDH) was granted
permission to visit prisoners in Gabode Prison during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention; however, the Government did not respect
these prohibitions. The law 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; however, the police occasionally disregarded these
procedures. Unlike in previous years, there were no reports that police
used lengthy periods of detention without charge. Incommunicado
detention was used. The law provides for bail and expeditious trial;
however, 13 persons in detention since December 2000 for a failed coup
attempt were not tried until June 16 (see Sections 1.c., 1.e., and
2.b.).
On April 3 Police detained 11 demonstrating high school students
for 7 days without charge (see Section 2.b.).
Conditions at Nagad detention center, where Ethiopians and Somalis
were held prior to deportation, also were extremely harsh. Detainees at
Nagad were held in unsanitary conditions and often were not fed for
several days before their deportation (see Section 2.d.).
The law prohibits forced exile; however, some released citizen
prisoners were pressured to go overseas, most often to France.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary was not
independent of the executive. Constitutional provisions for a fair
trial were not respected universally, even in nonpolitical cases,
because of interference from the executive branch. The Minister of
Justice was responsible officially for human rights.
The judiciary, based on the French Napoleonic code, was composed of
a lower court, appeals courts, and a Supreme Court. 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 were not
respected always.
The legal system is based on legislation and executive decrees,
French codified law adopted at independence, Islamic law (Shari'a), and
nomadic traditions. Urban crime was 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 is
restricted to civil and family matters. The Government promulgated a
new law on judicial organization in 2000, which included the
establishment of a National Committee for the Promotion and Protection
of Human Rights and provided for the separation of the court system
from the Ministry of Justice; however, the Government had not separated
the court system from the Ministry of Justice by year's end.
Traditional law (Xeer) often was 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 officially were public, in
politically sensitive cases security measures effectively prevented
public access. Legal counsel was supposed to be available to the
indigent in criminal and civil matters; however, defendants often did
not have legal representation. Court cases were heard in public before
a presiding judge and two accompanying judges. The latter received
assistance from two persons, lay assessors, who were not members of the
bench, but who were considered to possess sufficient legal
sophistication to comprehend court proceedings. The Government chose
lay assessors from the public at large, but credible reports indicated
that political and ethnic affiliations played a role in the selection.
In May the National Assembly approved a government-proposed
political amnesty bill (see Section 3). In 2001 in honor of the holy
month of Ramadan, 80 prisoners were granted amnesty.
On June 17, the court sentenced General Yacin Yaleh Galab, former
chief of police, to 15 years imprisonment for his role in the failed
coup attempt of December 2000. Eleven co-defendants received sentences
of between 3 and 12 years. One co-defendant, Abounasser Awaleh Cheick,
was acquitted of all charges. General Yacin, who had suffered from
failing health for sometime, died 5 weeks after his sentencing amidst
rumors that the Government had refused him adequate medical treatment.
On June 26, the Government announced a presidential pardon, which
stipulated that all persons serving sentences of 1 year or less would
be freed, all persons serving sentences of 2 to 5 years would have
their sentences reduced by 6 months for every 1 year served, all
persons serving sentences of 5 to 10 years would have their sentences
reduced by 4 months for every 1 year served, and all persons serving
sentences of 10 years or more would have their sentences reduced by 2
months for every 1 year served in honor of the 25th anniversary of
independence.
In June 2001, human rights attorney Aref Mohamed Aref was
readmitted to the bar but had not argued a case by year's end. He and
his colleague, Djama Amareh Meidal, had been disbarred for alleged
irregularities in their representation of a client in a 1994 commercial
dispute. Meidal remained disbarred at year's end.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government did not respect these prohibitions in practice. The law
requires that the authorities obtain a warrant before conducting
searches on private property; however, in practice the Government did
not always obtain warrants before conducting such searches, and it
reportedly monitored and sometimes disrupted the communications of some
government opponents.
The Government prevented access in country to certain Internet
websites during the year (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 restricted
these rights in practice. The law prohibits the dissemination of false
information and regulates the publication of newspapers. The
Constitution prohibits slander.
The Government owned the principal newspaper, La Nation, which
published biweekly. There were several opposition-run weekly and
monthly publications that circulated freely and openly criticized the
Government.
In 2000 the Government banned the importation and sale of the
Somaliland newspapers Jamhuuriya and The Republican, and the ban
remained in effect at year's end.
The Government also owned the radio and television stations. The
official media generally were uncritical of government leaders and
government policy. In 2000 the British Broadcasting Corporation (BBC)
began broadcasting its World Service in the country in conjunction with
Radio-Television Djibouti (RTD), the official government station. The
BBC and RTD broadcast 24 hours a day in four languages on the radio.
Radio France Internationale also broadcasts in the country. During the
year, the Government signed a contract with the International
Broadcasting Board to begin both short and medium wave Voice of America
broadcasts into the country.
The country had one government-owned Internet service provider. The
Government prevented access to several opposition and human rights
websites based in Europe throughout the year.
The Government generally did not restrict academic freedom. In
general teachers could speak and conduct research without restriction,
provided that they did not violate sedition laws.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government limited this
right in practice. The Ministry of Interior requires permits for
peaceful assembly and monitors opposition activities. While permits
generally were approved, the Government commonly used a show of police
force and threatening tactics to intimidate and discourage potential
demonstrators. Some opposition leaders effectively practiced self-
censorship, and refrained from organizing popular demonstrations,
rather than provoke a government crackdown.
On April 3, police forces used tear gas and clubs to disperse 60
students of the Balbara district of Djibouti City who were protesting
their exclusion from graduate exams. Eleven students were confined
without charge for 7 days before release (see Section 1.d.).
On April 18, members of the Presidential Guard under the command of
Captain Mohamed Djama fired on unarmed, disabled, military pensioners
demonstrating in front of the Presidential Palace, killing one person
and wounding two others. The demobilized veterans were protesting the
possible loss of disability pension benefits. Security forces claim
that the protestors were hostile and attempted to rush the palace;
witnesses report that the threat appeared minimal. Several
demonstrators were arrested, charged, and detained for several days
before the Government released them in conjunction with a new pension
agreement.
On June 17, police used tear gas and clubs to disperse
demonstrators discontented with the guilty verdict and prison sentences
in the trial of Yacin Yaleh Galab and his twelve codefendants for an
attempted coup (see Section 1.e.).
There was no action taken against members of the security forces
responsible for the following actions in 2001: The January police use
of tear gas and clubs to disperse a group of striking union workers;
the May police use of tear gas to disperse a gathering of workers
celebrating May Day; the October police use of tear gas to disperse an
unruly demonstration by 800 high school students.
The Constitution provides for freedom of association provided that
certain legal requirements were met; however, the Government restricted
this right in practice. The Constitution does not limit the number of
political parties, and on September 4, the Government announced the
annulment of a 1993 referendum, limiting the number of political
parties to four.
Nonpolitical associations must register and be approved by the
Ministry of Interior (MOI). The LDDH said that the Ministry had
registered it. In February the MOI reportedly refused the registration
request of the Baha'i community (see Section 2.c.).
c. Freedom of Religion.--The Constitution, while declaring Islam to
be the state religion, provides for freedom of religion, and the
Government generally respected this right in practice; however,
proselytizing was discouraged. Although Islam is the state religion,
the Government imposed no sanctions on those who choose to ignore
Islamic teachings, or practice other faiths. More than 99 percent of
the population was Sunni Muslim.
The Government required that religious groups be registered. In
February the MOI refused the registration request of the Baha'i
community, according to Baha'i leaders.
There was no legal prohibition against proselytizing; however,
proselytizing was discouraged. Unlike in the previous years, there were
no reports that members of the Baha'i Faith were detained and
questioned by the police for possible proselytizing activities.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government at times limited these rights in
practice. For example, a judge may order a passport seized for those
under judicial surveillance or awaiting trial. There were no reports of
government passport seizures during the year.
In August 2001, airport police prevented PRD president DAF from
boarding a despite his having received permission from the court to
depart. It was unclear why DAF was refused permission to leave;
however, Mr. Farah subsequently was allowed to travel to Lebanon in
October 2001 and to the United States during the year.
Landmines laid by the Government and FRUD forces in the 1990's
remain in some areas of the country, especially in areas controlled by
the FRUD prior to the peace accord. Landmines laid in Tadjoura and
Obock districts restricted freedom of movement (see Section 1.a.).
Women were not permitted to travel without the permission of an
adult male relative (see Section 5).
In April 2001, following a commercial dispute, the Government
closed its border with Somaliland, including land, sea, and air routes,
as well as all telecommunications; however, the border reopened in
March.
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 offered first asylum;
however, the Government committee responsible for determining refugees'
status has not met since 1995. The Government officially did not
recognize those refugees under the protection of the U.N. High
Commission for Refugees (UNHCR); however, the refugees were permitted
to remain in the country.
The country hosted up to 100,000 refugees and illegal immigrants
from neighboring countries, equal to approximately one-fifth of the
population. The UNHCR assisted more than 21,000 Somali and Ethiopian
residents of the two remaining refugee camps. Approximately 2,500
Ethiopian and Somali urban refugees were registered with the UNHCR
office in Djibouti City. During the year, the UNHCR repatriated more
than 1,800 Somaliland refugees who had fled to the country during the
Somaliland civil war.
In 2000 the UNHCR repatriated more than 1,700 Ethiopian refugees
who had fled to the country in 1984-85 and ceased to register
Ethiopians as refugees. In previous years, the Djiboutian National
Office for the Assistance of Refugees and Displaced Persons reported
that it deported up to a thousand Ethiopians each week. Although the
number of deportations still was believed to be high, no figures were
available during the year.
There were reports that members of the security forces sometimes
compelled illegal immigrants to work for them under threat of
deportation (see Sections 5 and 6.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 generally
democratic process in presidential elections held in 1999.
The RPP candidate Ismael Omar Guelleh, the designated successor of
former President Hassan Gouled Aptidon, won the 1999 election with 74
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 and transparent, citing
only minor irregularities. All 5 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 OAU issued a joint
communique that expressed satisfaction with the transparency of the
election but cited 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.
The RPP, which has been in power since independence in 1977,
continued to rule the country. The RPP also continued to control
carefully the political system to suppress any organized opposition. 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. In 2000 the
Government and the faction of the FRUD that had rejected the 1994 peace
accord signed a new peace accord, ending FRUD opposition to the
Government. On May 12, the two sides signed the final peace treaty,
officially ending the more than decade-long civil war, and laying the
groundwork for this faction to participate in the Government.
Two other legal political parties have existed since 1992, the
National Democratic Party (NDP) and the Party for Democratic Renewal
(PRD); neither held a parliamentary seat or a cabinet level post.
Previous efforts by both the legal and unrecognized opposition parties
to unify floundered due to disagreements among their leaders over whom
should lead a unified opposition.
Government harassment of opposition leaders decreased during the
year, and there were no reported incidents. In September 2001, the
Government proposed an amnesty bill for five former RPP leaders, paving
the way for their return to politics. In May the National Assembly
approved the amnesty bill.
Women generally have been excluded from senior positions in
government and in the political parties even though they legally were
entitled to participate in the political process. No women served in
the legislature. In 1999 the President announced the appointment of the
first female minister to his cabinet. Hawa Ahmed Youssouf served 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, was 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, wielded
disproportionate power in affairs of state. Afars hold a number of
senior Ministerial posts; however, they were not well represented at
lower levels. Somali clans other than the Issa and citizens of Yemeni
origin were limited unofficially to one ministerial post each. There
also were 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 did not support the formation of local human rights
groups. 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 Committee in Support of Political Prisoners
(CSPP) was formed in February 1998. The Committee's goal was to
publicize the plight of political prisoners and mobilize support for
the improvement of prison conditions and for the release of political
prisoners. The LDDH operated without government interference during the
year.
The ICRC maintained a small office that was staffed with locally
hired personnel. The ICRC regional representative, who was based in
Nairobi, made quarterly visits.
In 2000 the Government permitted a visit by a delegation of the
Organization of African Unity (OAU) Human Rights Committee for the
first time. The delegation met with senior government officials and had
free access to prisons and human rights groups.
There was a government ombudsman, whose specific responsibilities
were not well known. In 2000 the Government promulgated a new law on
judicial organization, which included the creation of a national human
rights committee, and in August the Government-sponsored Human Rights
Committee for the Promotion and Protection of Human Rights was
established.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of language,
race, or sex; however, discrimination against women and ethnic
minorities persists. In particular the Government's enforcement of laws
to protect women and children was ineffective.
Women.--Domestic violence against women existed but few cases were
reported. Violence against women normally was dealt with within the
family or clan structure rather than in the courts. The police rarely
intervened in domestic violence incidents, and the media reported only
the most extreme examples, such as murder. The Government remained
concerned about the problem of rape, and the law includes sentences of
up to 20 years' imprisonment for rapists. The number of such cases
prosecuted during the year was unknown.
It was believed that as many as 98 percent of females have
undergone FGM. FGM traditionally was 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
was pervasive. After the 1995 U.N. Women's Conference in Cairo, Egypt,
the UNFD declared that all forms of mutilation should be forbidden. The
law states that ``violence causing genital mutilation'' is punishable
by 5 years' imprisonment and a fine of more than $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 believed that the incidence of
infibulation has decreased, although no systematic data were available
on the problem. U.N. and other experts believed that lesser forms of
FGM still were practiced widely and that infibulation still was common
in rural areas.
Women legally possessed 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 worked in managerial and professional positions;
women largely were confined to trade and secretarial fields. Customary
law, which is based on Shari'a, discriminates against women in such
areas as inheritance, divorce, and travel (see Sections 2.c. and 2.d.).
Male children inherited larger percentages of an estate than do female
children. The few women who were educated increasingly turn to the
regular courts to defend their interests.
Children.--The Government devoted almost no public funds to the
advancement of children's rights and welfare. A few charitable
organizations worked with children. Primary education was compulsory;
however, the Government did not monitor compliance. The Government
provided free public education; however, there were extra expenses that
could be prohibitive to poorer families, such as transportation, book
fees, and chalk. Many schools were in poor condition and needed
upgrading. Teacher salaries were paid only sporadically, and a large
percentage of highly qualified teachers have left the profession. The
number of classrooms for secondary students was inadequate, and only
approximately 20 percent of children who started secondary school
completed their education. Only 32 percent of girls were literate
compared with 60 percent of boys, and more than 53 percent of the total
population was illiterate. 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. In 1999 the
Government reaffirmed its 1998 commitment to increase the number of
female students in the educational system to 50 percent; however, there
was no change in the number of female students or the literacy rate by
year's end.
Child abuse existed; however, except for FGM, it was not believed
to be common.
FGM was performed on as many as 98 percent of young girls (see
Section 5, Women).
The Government has not addressed child abuse, which often was
punished lightly; for example, when a child was raped or abused, the
perpetrator usually was fined an amount sufficient to cover the child's
medical care. The Government has not used applicable existing
provisions of the law to deal with child abuse more severely.
Persons with Disabilities.--The Government did not mandate
accessibility to buildings or government services for persons with
disabilities. Although persons with disabilities have access to
education and public health facilities, there was no specific law that
addressed the needs of persons with disabilities, and there were no
laws or regulations that prevent job discrimination against persons
with disabilities. Persons with disabilities had difficulty finding
employment in an economy where at least 60 percent of the able-bodied
adult male population was underemployed or jobless.
On April 18, government security forces fired on a group of
demobilized military veterans with disabilities protesting benefits
payments in front of the Presidential palace, killing one and wounding
two (see Sections 1.a. and 2.b.).
National/Racial/Ethnic Minorities.--The Government continued to
discriminate against citizens on the basis of ethnicity in employment
and job advancement. Somali Issas were the majority ethnic group and
controlled the ruling party, the civil and security services, and the
military forces. Discrimination based on ethnicity and clan affiliation
limited the role of members of minority groups and clans, particularly
the Afar minority ethnic group, in government and politics.
The Government conducted periodic roundups of undocumented
foreigners, which usually targeted Ethiopians and noncitizen Somalis.
There were credible reports that security forces frequently use these
undocumented foreigners as forced labor on public works projects as
well as for their own needs (see Sections 2.d. and 6.c.). There was no
known action taken against members of the security forces responsible
for raping, beating, or stealing from the approximately 5,000
undocumented foreigners (mostly Ethiopians) arrested and detained in
December 2000 (see Sections 1.a., 1.d., and 2.d.). The Government
blamed undocumented foreigners for the country's economy, unemployment
rate, and rising crime.
Section 6. Worker Rights
a. The Right of Association.--Under the Constitution, workers were
free to join unions and to strike provided that they comply with
legally prescribed requirements; however, the Government restricted
these rights. In 1999 the Government took control of the two largest
labor federations, the General Union of Djiboutian Workers (UGTD) and
the Union of Djiboutian Workers (UDT). Police broke into UDT offices
and confiscated banners and the public address system that were to have
been used in Labor Day ceremonies, and the Government dictated the
election of its supporters to head the UDT and UGTD and took possession
of union offices. The International Labor Organization (ILO) and the
International Confederation of Free Trade Unions (ICFTU) criticized the
Government's actions. In 1999 the ILO reported that the situation of
the country's unions had ``gravely deteriorated.'' In response to ILO
and ICFTU criticisms, the Government agreed to hold new elections. On
September 22, the UDT held an independent congress. Adan Abdou was
elected Secretary General and Ahmed Djama was elected President. The
Congress was attended and endorsed by the CISL (Conference
International pour les Syndicalistes Libre); however, on October 22,
with official encouragement the Government-sponsored UDT held a
congress at which Said Mahamoud was elected president.
The ILO rejected the credentials of government officials claiming
to represent the UDT and UGTD at several international conferences. The
ILO refused admittance to its June conference to representatives of the
Government-sponsored UDT. No other union representatives attended.
Prior to the Government takeover, approximately 70 percent of
workers in the small formal economy were members of the UDT or UGTD;
however, since the takeover, there have been almost no independent
union activities. The Government repeatedly promised to improve the
situation; however, certain members of the Government continued efforts
to maintain some semblance of legitimacy for their government-sponsored
unions. The Djiboutian Labor Congress (CIDJITRA), composed of Ministry
of Labor officials, created by the Government to counter the UDT and
UGTD, no longer existed. According to the ICFTU, ``trade union freedoms
now exist only on paper,'' and the Government ``has created a
collective of grassroots trade unions, whose affiliates do not include
one single representative organization with elected officials.''
In 2000 the ILO Conference Committee on the Application of
Standards cited the country for its failure to address five specific
issues of labor law reform outlined by the ILO.
The law prohibits antiunion discrimination, and employers found
legally guilty of discrimination were required to reinstate workers
fired for union activities; however, the Government did not enforce the
law.
At its 2000 annual conference, the ILO urged the Government to
enact the labor resolutions that it had signed in 1998. The ILO noted
ongoing abuses by the Government in forbidding union meetings and
preventing union officials from receiving their mail. The ILO Committee
of Experts report released during the year indicated that little
progress had been made and that the Government continued to deviate
between national labor law and adherence to guarantees set forth in ILO
conventions.
The law permits unions to maintain relations and exchanges with
labor organizations abroad, and the Government does not restrict such
contact. The nongovernment-controlled UDT was a member of the ICFTU.
b. The Right to Organize and Bargain Collectively.--Although labor
has the legal right to organize and bargain collectively, collective
bargaining rarely occurred. Relations between employers and workers
were informal and paternalistic. Wage rates generally were 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 encouraged direct resolution by labor representatives and
employers. The Government could and did select labor representatives.
The ILO Committee of Experts again cited section 6 of the Djibouti
labor code, which limits trade union representatives to citizens,
consequently restricting the full exercise of the right of workers to
elect representatives in full freedom. The election of representatives
also was influenced by the relationship between clan elders and clans
with unions and workforces. Workers or employers may request formal
administrative hearings before the Ministry's inspection service;
however, critics claimed that the service suffered from poor
enforcement, due to its low priority and inadequate funding.
The law requires representatives of employees who plan to strike to
contact the Ministry of Interior 48 hours in advance. The Government
paid the salaries of teachers, security forces, and civil servants
sporadically throughout the year; however, their salaries remained 3 to
9 months in arrears by year's end. During the year, there were
occasional demonstrations by teachers and other civil servants
protesting salary arrears. The demonstrations generally took place on
Thursday mornings and peacefully dispersed after 1 or 2 hours. Kamil
Hassan, a schoolteacher, who previously had been detained in 1997 as a
leader of a teacher's strike, was officially reinstated in March but
was still not teaching at year's end.
An export processing zone (EPZ) was established in 1994. Firms in
the EPZ were exempt from the Government's social security and medical
insurance programs. Employers within the EPZ have authority to pay less
than minimum wage, offer less annual leave than the rest of the
country, and in the EPZ the work week was longer (see Section 6.e.).
Plans for the EPZ largely have failed; and it did little business and
employed few persons.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports
that members of the security forces sometimes compelled illegal
immigrants to work for them under the threat of deportation.
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 did not always enforce this prohibition
effectively, and child labor, although not common, existed. A shortage
of labor inspectors reduced the likelihood of investigation into
reports of child labor. Children generally were not employed in
hazardous work. Children may and did work in family-owned businesses,
such as restaurants and small shops, at all hours of the day and night.
The country has not ratified ILO Convention 182 on the worst forms
of child labor.
e. Acceptable Conditions of Work.--Only a small minority of the
population was engaged in wage employment. The Government
administratively sets minimum wage rates according to occupational
categories, and the Ministry of Labor was charged with enforcement. The
monthly wage rate for unskilled labor, set in 1976, was approximately
$125 (22,000 DF). Most employers paid more than the minimum wage. Some
workers also received housing and transportation allowances. The
national minimum wage did not provide a decent standard of living for a
worker and family. The Government owed 3 to 9 months' worth of salary
arrears to teachers, security forces, and civil servants at year's end
(see Section 6.a.).
By law the workweek was 40 hours, often spread over 6 days. Some
employers asked employees to work up to 12 hours per day and paid them
an additional wage. Workers were provided daily and weekly rest periods
and paid annual leave. The Ministry of Labor was responsible for
enforcing occupational health and safety standards, wages, and work
hours. Because enforcement was ineffective, workers sometimes faced
hazardous working conditions, particularly at the port. Workers rarely
protested, mainly due to fear that others willing to accept the risks
would replace them. There were no laws or regulations permitting
workers to refuse to carry out dangerous work assignments without
jeopardizing their to continued employment.
Only legal foreign workers were protected under the law;
undocumented workers were detained and deported.
f. Trafficking in Persons.--There was no specific law prohibiting
trafficking in persons; however, there were no reports of persons being
trafficked to, from, or within the country.
__________
EQUATORIAL GUINEA
Equatorial Guinea nominally is a multiparty constitutional
republic; however, in practice President Teodoro Obiang Nguema and the
small Mongomo subclan of the majority Fang tribe, which has ruled since
the country's independence in 1968, dominated the Government. President
Obiang, who has ruled since seizing power in a military coup d'etat in
1979, was re-elected with 97.1 percent of the vote and 98 percent of
registered voters participating in a December election marred by
extensive fraud and intimidation. The President's Democratic Party of
Equatorial Guinea (PDGE) controlled the judiciary and the legislature;
the latter was chosen in elections in 1999 that were criticized widely
by the international community as seriously flawed. The judiciary was
not independent.
President Obiang exercised control over the police and security
forces through the Minister of the Interior, who also served as
President of the National Electoral Board. The Director General of
National Security was the President's brother, Armengol Ondo Nguema.
Civilian authorities generally maintained effective control of the
security forces; however, there were some instances in which they acted
independently of government authority. The security forces committed
numerous serious human rights abuses.
Although the 2002 census estimated the population at 1,015,000,
credible estimates put the number at closer to 500,000. The opposition
claimed that the Government inflated the census in anticipation of the
December presidential election. The majority of the population lives by
subsistence agriculture, supplemented by hunting and fishing.
Unemployment and underemployment were very high. Barter was a major
aspect of the economy. The gross domestic product (GDP) grew by 23.8
percent during the year. Per capita income during 2001 grew to $3,852.
Much of the growth in income was due to an increase in crude oil, which
averaged 280,000 barrels per day during the year. Investment and other
use of oil revenues lacked transparency despite repeated calls from
international financial institutions and citizens for greater financial
openness. Poor fiscal management and a lack of transparency in public
accounting of national finances have undermined the country's economic
potential. There is little evidence that the country's oil wealth is
being devoted to the public good. Most foreign economic assistance was
suspended due to the lack of economic reform and the Government's poor
human rights record; however, some countries resumed aid during the
year.
The Government's human rights record remained poor; although there
were some improvements noted in a few areas, numerous serious problems
remained. Citizens' ability to change their government peacefully
remained somewhat restricted. The security forces committed numerous
abuses, including torture, beating, and other physical abuse of
prisoners and suspects, which at times resulted in deaths. Members of
the security forces generally committed abuses with impunity. Prison
conditions remained harsh and life threatening. There were deaths in
custody from torture and abuse, combined with a continuing lack of
medical care. Prisoners often were tortured to coerce confessions.
Security forces used arbitrary arrest, detention, and incommunicado
detention. The judicial system repeatedly failed to ensure due process
and remained subject to executive pressures. The Government restricted
the right to privacy. The Government severely restricted freedom of
speech and of the press; however, freedom of speech improved marginally
during the year. The Government continued to restrict the rights of
assembly and association and limit freedom of religion and movement.
There were no effective domestic human rights nongovernmental
organizations (NGOs). Violence and discrimination against women
remained serious problems. Discrimination against ethnic minorities,
particularly the Bubi ethnic group, and foreigners continued. The
Government restricted labor rights. Child labor persisted and forced
prison labor was used. There were reports of trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
of unlawful killings during the year. During the year, opposition
parties and the international press reported between three and five
deaths subsequent to the June coup trial from torture by prison
authorities (see Sections 1.c. and 1.e.). For example, on July 3,
police officer Juan Odo Nguema died in Malabo's Black Beach prison,
reportedly due to torture. Nguema had been sentenced to 6 years in
prison for participating in the coup d'etat to oust President Obiang
(see Section 1.e.). Government authorities attributed Nguema's death to
bronchial pneumonia, a liver abscess, and anemia.
There were reports during the year that prison authorities
tortured, beat, and otherwise abused prisoners; such abuse, combined
with a lack of medical care, resulted in some prison deaths.
On February 15, the head of a military unit killed 35-year-old
Dimas Bueriberi outside of Malabo during a power outage. The shooter
said he mistook Bueriberi, an electrician, for a bandit.
On October 7, Presidential Guard Army Commander Narciso Edu Nsue
killed Luis Obiang, a sergeant under his command, after both men had
been drinking in a Malabo bar. Edu Nsue was detained on charges of
homicide and awaits a military tribunal.
The Government did not prosecute any members of the security forces
considered responsible for extrajudicial killings in previous years,
nor is it likely to do so.
b. Disappearance.--There were no reports of disappearances during
the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law mandates respect for the liberty and dignity of
persons, but does not prohibit specifically torture, cruel, or inhuman
punishment. Members of the security forces tortured, beat, and
otherwise abused suspects, prisoners, and opposition politicians. After
visiting prisons in 2001, U.N. Human Rights Commission (UNHCR) Special
Representative Gustav Gallon described torture as a ``normal means of
investigation.'' The Government does not provide medical care to
prisoners or detainees.
There were reports that prison authorities tortured, beat, and
otherwise abused prisoners, and that such abuse, combined with a lack
of medical care, resulted in the deaths of some prisoners (see Section
l.a.). There were credible reports of three such deaths in Black Beach
prison during the year.
There were reports that officials tortured opposition political
activists subsequent to the coup trial (see Section 1.e.). There were
numerous reports that police authorities tied prisoners' arms and legs
behind their backs and suspended them from a bar. During the trial,
there was evidence that prisoners suffered dislocated wrists and
elbows, and many walked with a limp.
Torture commonly was used to extract forced confessions,
particularly from the group of 144 alleged coup plotters arrested in
March. For example, Felipe Ondo Obiang, leader of the banned Republican
Democratic Front (FDR), reportedly was tortured at Black Beach Prison
in Malabo. His hands were beaten so severely that he reportedly lost
use of his fingers. He was not allowed visitors, nor did prison guards
accept food brought to Obiang from his family and friends. On June 9,
Obiang received a 20-year prison sentence after a lengthy trial marked
by many procedural abuses.
On July 14, presidential guard soldiers at Black Beach prison beat
Bibiana, the wife of imprisoned Convergence for Social Democracy (CPDS)
Secretary General Placido Mico, as she took food and clothing to her
husband.
During the year, security forces harassed oil company employees.
For example, gendarmes removed one employee from an oil company vehicle
and beat him unconscious for refusing to pay a bribe. A patrol boat
also fired on an oil company boat without causing any injuries.
Local authorities singled out foreigners from neighboring countries
for harassment such as verbal intimidation and arbitrary arrest. Police
routinely extorted money from citizens of Cameroon, Nigeria, Ghana,
Togo, and Benin.
The conditions of jails and prisons in the country remained harsh
and life threatening; inmates were not provided with food, medical
care, working toilets, drinkable water, clean and healthful living
space, and minimum equipment, such as beds. There were credible reports
that conditions at Black Beach prison improved during the year,
including facility renovations. In November 2001, Special
Representative Gustav Gallon paid an unauthorized visit to a Bata
gendarmerie detention center. Gallon reported 17 persons, including 4
children, were being held in a cell that measured 4 by 1.5 meters and
did not contain toilet facilities. Two of the prisoners had clear signs
of torture. When questioned, the prison authorities did not deny
charges of torture and could offer no explanation for the prisoners'
detention.
Prison authorities and prisoners sexually assaulted female
prisoners. Prisoners were used habitually as labor and as workers on
construction projects for certain officials, without pay or other
compensation. There were unconfirmed reports that judges used prisoners
as domestic workers.
On July 29, various sources reported Black Beach Prison's inmate
food supply was exhausted, and prison authorities no longer were
distributing rice and peas to the prison population; however, observers
indicated that inmates were being fed by year's end. Also in July,
Black Beach authorities hospitalized inmate Candido Obiang Abia for
stomach cramps and high fever. According to reports from other inmates,
prison officials had not fed Obiang Abia in 4 days.
Male and female prisoners were not held in separate facilities, nor
were adult and juvenile prisoners. Pretrial detainees and political
prisoners were not held separately from convicted prisoners.
There were no local NGOs other than the Government-controlled
National Commission on Human Rights of Equatorial Guinea (CNDH). In the
past, the Governmental-controlled CNDH has reported that jail and
prison conditions were harsh. Although the CNDH reported that prisoners
were not mistreated, CNDH reports indicated there were food shortages
and a lack of medical care. CNDH officials took partial credit for the
Black Beach Prison facility renovations during the year. There were no
international human rights NGOs resident in the country. The
International Committee of the Red Cross (ICRC), which historically has
made recommendations to the Government, monitored prison conditions. On
October 8, the ICRC signed an accord with the Government
institutionalizing its ability to visit detainees and prisoners on a
regular basis. The agreement provided that the ICRC would have access
to all detained persons, be able to converse freely with all detainees
and prisoners, repeat its visits, and receive from the Government a
list of all detainees and prisoners. During the ICRC's first November
visit under the agreement, ICRC representatives were able to visit all
prisoners and detention facilities.
d. Arbitrary Arrest, Detention, or Exile.--There were nominal legal
procedural safeguards regarding detention, the requirement for search
warrants, and other protection of citizens' rights; however, security
forces systematically ignored these safeguards, and continued to arrest
and detain persons arbitrarily and with impunity. Security forces often
detained individuals ``on orders from superiors'' without any further
formality.
Police routinely detained prisoners incommunicado. Foreigners from
neighboring countries sometimes were targeted for arbitrary
mistreatment and random arrest (see Section 1.c.).
During the year, authorities detained members of political
opposition parties for short periods. Some political detentions lasted
more than a few months. It was difficult to estimate the number of
political detainees, although it was believed to be fewer than 100
persons. The Government used the psychological effects of arrest, along
with the fear of beatings and harassment, to intimidate opposition
party officials and members.
In March and April, the Government arrested 144 persons in
connection with an alleged coup plot in October 2001, including FDR
leaders Felipe Ondo Obiang and Guillermo Nguema Ela. The detainees were
held incommunicado at Bata prison and tortured until they confessed
(see Section 1.e.).
On April 18, authorities placed CPDS Secretary General Placido Mico
under house arrest for his participation in the alleged 2001 coup
d'etat plot. In May Mico was arrested, charged with coup conspiracy,
tried, and sentenced to 8 years in prison.
On May 17, national security forces, led by President Obiang's
brother, Antonio Mba Nguema, arrested and imprisoned 17 members of the
Bubi ethnic group on charges of coup plotting. Mba Nguema said members
of the security agency found plans for military camps in the detainees'
possession. All 17 members were held in Black Beach Prison. The Bubis
stated they were not engaged in political activity but rather
celebrating the anniversary of their founder and observing the
traditional ceremonies of the Bubi people. On May 31, the National
Resistance of Equatorial Guinea Group (RENAGE) released a communique
stating that during the round-up, security forces cut off the ears of 2
of the 17 detainees, Venancio Epara and Gustavo Epeso. No further
information was available at year's end.
In July every security officer at the Bata airport (between 15 and
20) was arrested after the opposition party Popular Union (UP) leader
was allowed to board a flight departing for Gabon.
Security forces detained relatives of prisoners and criminal
suspects in an attempt to force the prisoners or suspects to surrender
(see Section 1.f.).
Unlike in the previous year, there were no reports that government
security forces detained oil company employees.
There were no developments in the 2000 case of Nve Maana who was
restricted indefinitely to the environs of Mongomo or of Macias Nguema
and others arrested in 2000 who remained in detention pending trial on
conspiracy charges.
It was unknown if Marcelo Seme Nze, Ruben Sima, and Romualdo Angue
Nbons remained in detention at year's end.
Security forces responsible for arbitrary arrest and detention and
other abuses were not held accountable for their actions. The U.N.
Special Representative noted that some executive officials closely
related to the security apparatus of the Government were treated as
being above the law.
In April the Government enacted a law to protect women from
imprisonment for not repaying the dowry following divorce (see Section
5). Women who had been detained for failure to repay a dowry were
released from prison in an October amnesty.
The Government used forced internal exile, including against five
men reportedly restricted to Mongomo (see Section 1.f.). The Government
did not use forced external exile; however, some persons have fled the
country for political reasons. During the year, President Obiang urged
exiled opposition figures to return to the country and to legalize
their parties. In 2001 Joaquin Elema, leader of the RENEGE-allied Forum
for the Democratization of Equatorial Guinea (FODEGE) and General
Coordinator of the Coordination of the Democratic Opposition (CODE),
returned to the country; however, RENAGE's leaders reported that
attempts to return to the country were unsuccessful.
e. Denial of Fair Public Trial.--The Constitution provides for
judicial independence; however, the judiciary was not independent.
Judges served at the pleasure of the President, and they were
appointed, transferred, and dismissed for political reasons. Judicial
corruption was 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 and take their
orders from him in practice. The President was the most powerful member
of the judicial branch. Tribal elders adjudicated civil claims and
minor criminal matters in traditional courts in the countryside. There
were no objective criteria for the selection of judges below the
Supreme Court; the law allows the Ministry of Justice to undertake
periodic inspections and name judges. Some judges were absent regularly
from their posts, resulting in delays in judicial proceedings. As a
result of these absences, prisoners often remained in detention at
police stations awaiting hearings for longer than the 72 hours
prescribed by law; in addition, jails became even more overcrowded and
unsanitary (see Section 1.d.).
The Constitution and laws provide for legal representation in
trials and the right to appeal; however, in practice the authorities
often did not respect these provisions. Civil cases rarely came to
public trial. Cases involving national security were tried by the
military tribunal. Cases that essentially were political in nature
frequently were referred to military courts, even when the defendants
were civilians and the charges were not related to the military. The
Code of Military Justice permitted persons who disobeyed a military
authority to be tried in a military tribunal whether or not they are
military personnel. Military courts did not provide for due process or
other procedural safeguards, and proceedings were not made public. The
Parliament's Complaints Commission was the de facto third branch of
``judicial authority,'' although it had no formal legal jurisdiction.
According to local media, the Parliament's President acted as a court
of last resort.
Beginning on May 22, a special tribunal convicted 68 prisoners and
their relatives and sentenced them from 6 to 20 years in prison for a
purported coup d'etat plot against President Obiang. Those sentenced
included leaders of the three main opposition parties that remained
independent from President Obiang's ruling party, including CPDS
Secretary General Placido Mico, UP Secretary General Guillermo Nguema
Ela, and the leader of the banned FDR, Felipe Ondo Obiang (see Section
1.d.). There were numerous irregularities associated with the trial,
including evidence of torture and a lack of substantive proof (see
Section 1.c.). The trial was held in a movie theater. The judge
consistently overruled the defense attorney's attempt to question the
prisoners about torture. Prisoners who renounced confessions allegedly
were tortured upon their return to prison. The court provided the
defense with charges and defendants' statements the day before the
trial began, and defense lawyers did not have access to their clients
through most of the proceedings. Most of the defendants noted that
their statements were not truthful and were made only to stop the
torture. The prosecution alleged that Ondo Obiang led a meeting in Bata
in October 2001 to plot the murder of President Obiang and the
overthrow of his administration. It produced no other evidence aside
from statements extracted under torture. Obiang and the other
defendants said that the ``coup meeting'' actually was a meeting of FDR
supporters exploring how to obtain additional names of co-founders from
each region of the country in order to apply for the party's
legalization. The court based Mico's conviction on testimony from
Obiang's nephew, extracted under torture and later denied.
Since the trial, the presiding judge has been appointed to the
Supreme Court. Six of those 68 convicted, including UP Secretary
General Fabian Nsue Nguema, were released following an October
presidential pardon. President Obiang has indicated that others
convicted during the coup trials may receive full or partial pardons,
or reduced sentences.
On October 12, President Obiang issued an amnesty for 40 ethnic
Bubis convicted following a 1998 revolt in Luba. In addition, the
President pardoned all women and persons over 70 years of age. All
persons included in the amnesty were released by year's end; however,
the amnesty applied only to some of the 68 prisoners convicted in June
for the alleged October 2001 coup plot. The exact number of those
released was not available at year's end.
The Government holds a number of political prisoners; however, the
20 persons previously imprisoned at Evinayong reportedly had been
released under the October amnesty.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice. There
continued to be reports that security forces regularly searched homes
and arrested occupants without warrants, and they generally did so with
impunity.
There continued to be reports of government surveillance of members
of the opposition parties and foreign diplomats. During the year,
Reporters without Borders (RSF) noted that several associative and
political journalists complained of increasing difficulties accessing
the Internet. The journalists said that there also had been an increase
in illegal monitoring of telephone calls and of e-mail, which was
controlled by the only (state-affiliated) Internet access supplier (see
Section 4).
Authorities displaced approximately 500 Cameroonians living in
Malabo following a new government policy to prevent foreign nationals
from benefiting from increasing petroleum wealth (see Section 5). At
year's end, the evacuees had not been able to return to their
residences and their exact status was unknown.
On January 11, UP Secretary General Nguema reported that
authorities gave seven high ranking military officials, who had been
forced to retire because of their affiliation with the UP, 4 days to
leave Malabo for their respective villages. Nguema said the injunction
was ``without apparent reason'' and contravened an accord signed by the
Government disallowing extrajudicial confinement.
Membership in the PDGE generally was a prerequisite for hiring and
promotion, both in the public and private sectors. Membership in a
rival political organization was considered grounds for dismissal from
any position, public or private. Opposition politicians who are not
participating in the Government often claimed to have been dismissed
from their jobs after joining alternate political groups.
Security forces detained relatives of prisoners and criminal
suspects in an attempt to force the prisoners or suspects to surrender.
For example, during the March arrests of 144 alleged coup plotters,
family members of Felipe Ondo Obiang, including his pregnant niece,
were detained incommunicado and tortured.
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
restricted these rights in practice. Journalists practiced self-
censorship. Freedom of speech has improved marginally in recent years,
though many feel the improvements are superficial and ephemeral. A
small number of foreign press representatives were allowed to cover the
December presidential election.
The Government did not tolerate criticism of public institutions
and public sector mismanagement and permitted no criticism of the
President or the security forces. Expatriates dependent on the goodwill
of the Government did not voice complaints about the frequent
government abuses against them. These practices ranged from the police
demanding bribes for imaginary offenses to city, provincial, and
federal officials extorting money for ``licenses'' for which there was
no statutory basis. Complaints about official conduct in the country
continued to be accompanied by requests not to be identified to avoid
reprisals.
On April 29, authorities imprisoned Fabian Nsue, President of the
UP, for insulting the head of state after Nsue made critical statements
about a large pay raise announced, then rescinded by President Obiang.
At the time of his arrest, Nsue, a lawyer, was preparing the defense of
several persons accused of involvement in an alleged October 2001 coup.
Nsue was released in an October amnesty.
There were five general-interest newspapers that published
irregularly: La Gaceta, a Malabo-based monthly publication with
informal connections to the Government; El Correo Guineo Ecuatoriano, a
bimonthly newspaper published by the Gaceta group; La Opinion, an
opposition newspaper published every 2 to 3 weeks; El Tiempo, an
opposition newspaper; and Ebano, a publication of the Ministry of
Information, Tourism, and Culture, which appeared approximately twice a
month. Students at the National University have published a magazine,
AYO, and the Guinean-Hispano Cultural Center also has published a
monthly cultural review, El Patio. The PDGE published La Voz del
Pueblo, and the opposition CPDS published La Verdad. Although no laws
or regulations were published during the year, La Gaceta has a contract
with the Government to publish laws and regulations adopted by the
administration regularly.
All journalists must be registered with the Ministry of
Information. According to the Ministry, in 2001 there were 18
independent reporters registered, and between 35 and 45 reporters
employed by the official party or government. In previous years, guides
from the Ministry were required to accompany visiting foreign
reporters; however, during 2001 at least four foreign reporters with
various publications traveled and reported independently in the
country. The Government allowed approximately 5 foreign journalists to
cover the December presidential election.
The law authorizes government censorship of all publications. The
Ministry sometimes required publishers to submit copy for approval
prior to publication during the year. In addition, all local
publications exercised self-censorship and were subject to prior
restraint. There was very limited availability of foreign publications.
On May 21, Vice Minister for Press Radio and Television Alfonso
Nsue Mokuy signed into law a resolution requiring foreign media houses
and press correspondents to obtain ministerial accreditation before
entering the country. Prior to the decision, the Ministry of
Information merely required media houses and correspondents to be
registered with the Ministry. The ruling corresponded with the opening
of June's coup d'etat trial and was described as ``temporary,''
renewable on a case-by-case basis. The ruling remained in effect at
year's end.
Also in May, authorities prevented the Association of the Press of
Equatorial Guinea (ASOPGE) from organizing exhibitions and conferences
programmed for the May 3, International Freedom of the Press Day. Mokuy
said that ASOPGE previously had been declared illegal and accused the
association of working in a ``parallel government'' rather than legally
with the Ministry. The status of ASOPGE was unknown at year's end.
On June 1, presidential security forces questioned ASOPGE President
Pedro Nolasco Ndong and threatened to ban him from coup d'etat trial
proceedings unless he stopped having contacts with trial defendants and
international observers (see Section 1.e.). On July 9, a member of the
presidential guard warned him that President Obiang had ordered his
arrest. Fearing for his life, Ndong left Malabo the following day for
Spain and remained there at year's end. Nolasco Ndong's newspaper La
Nacion had published a series of articles criticizing the prison
conditions of Malabo's Black Beach Prison where, the articles alleged,
many opposition members were being held.
On June 2, coup d'etat trial police authorities banned AFP and BBC
freelance correspondent Rodrigo Angue Nguema from entering the
courtroom, even after Nguema showed his press card (see Section 1.e.).
Radio was the most important and influential medium of mass
communication. During the year, the Government continued to dominate
effectively domestic radio broadcasting. It owned and operated the
station Radio Malabo. The President's son, Teodorino Obiang Nguema, who
also was Minister of Forestry, Environment, and Fisheries, owned the
only private local radio station, Radio Asonga. The Government has not
approved the one or two other applications for private radio stations
that have been pending for several years.
Unlike in the previous year, no radio stations were shut down.
The only domestic television station was government-controlled, and
broadcast only a few hours a day. Television Asonga, owned by President
Obiang and run by his son in coordination with Radio Asonga, broadcast
by cable only in Bata. Foreign cable television was available, and
offered the Cable News Network (CNN), French news, movies, sports
events, and cartoons; however, relatively few citizens could afford
cable. Satellite reception increasingly was available.
The Government generally withheld access to domestic broadcasting
from opposition parties and rarely referred to the opposition in
anything but negative terms when broadcasting the news.
International electronic media was available and includes Radio
France International, which broadcast in Malabo, and Radio Exterior,
the international short-wave service from Spain. Radio Exterior often
broadcast news about the country and interviews with opposition
politicians. It was virtually the only means for the opposition to
disseminate its views and positions widely. Its editorials, like those
of most of the Spanish media, frequently were highly critical of the
Government. The Government regularly accused Radio Exterior, sometimes
with justification, of misrepresenting the situation in the country.
Internet service was available, although access was expensive and
computer ownership was not widespread. During the year, UP Secretary
General Fabian Nsue was arrested and convicted of ``slandering'' the
President in an Internet article.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of assembly; however, the Government restricted
this right in practice. Government authorization must be obtained for
private home meetings of more than 10 persons for discussions that the
Government considers political in nature. 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 monitored gatherings in public
places, even small gatherings. The Government required notification for
public events; however, it did not routinely deny permission for such
events.
The Government continued to require that the Catholic NGO
Autonomous Rural Development (DAR) in the diocese of Ebibeyin inform
the locally appointed official delegate of each board meeting. The DAR
complied with the requirement and received permission to meet, but the
local delegate insisted on being present during the meetings. During
the year, DAR avoided the Ebibeyin order by meeting in Bata.
The Constitution provides for the right of association; however,
the Government restricted this right in practice. The law prohibits the
formation of political parties along ethnic lines. The law prohibits
coalitions between political parties; however, five opposition groups
formed a coalition (see Section 3). Opposition party members complained
of disruption of meetings.
There were 12 political parties that the Government called
``opposition parties''; 11 have allied themselves with the ruling PDGE.
The Government advertised these opposition parties as examples of the
country's multiparty democracy.
The Progress Party (PP) remained illegal due to criminal sentences
imposed in 1997 and again during the year on its leader, Severo Motto,
for a coup attempt in 1996. Motto reportedly fled to Spain. The
President invited the PP to organize a new political party under
another name; however, the PP did not do so by year's end.
The Independent Democratic Socialist Party (PIDS) and the
Democratic Republican Front (FDR) still were seeking recognition.
The Government reportedly applied pressure to persuade opposition
members or officials to join the PDGE party; significant numbers of
opposition members joining the PDGE during the year suggested such
practices persisted. Reportedly the Government bribed members of the
opposition.
c. Freedom of Religion.--The law provides for freedom of religion;
however, in practice the Government limited this right in some
respects.
The law includes a stated official preference for the Catholic
Church and the Reform Church of Equatorial Guinea due to their
traditional roots and historic influence in the social and cultural
life of the populace. For example, a Roman Catholic Mass normally was
part of any major ceremonial function such as the October 12 national
day.
A religious organization must be registered formally with the
Ministry of Justice and Religion before its religious activities are
allowed. While religious groups must be approved and registered in
order to function legally, there were no reports during the year that
the Government had refused to register any group. The approval process
usually takes several years, due primarily to general bureaucratic lag
and not the result of a policy designed to impede the operation of any
religious group.
The Government continued to restrict the freedom of expression of
the clergy, particularly regarding any open criticism of the
Government. According to Director of DAR, Jose Maguga, Church
representatives practiced self-censorship on these issues during the
year. The Government required permission for any religious activity
outside the church building, but in practice this requirement did not
appear to hinder organized religious groups. The Government required
that DAR inform the local delegate in Ebibeyin each time that it had a
board meeting (see Section 2.b.).
Religious study was required in schools and was usually, but not
exclusively, Catholic.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights;
however, the Government limited them in practice. Local police
routinely extorted bribes from occupants of vehicles traveling outside
the capital. The police routinely stopped citizens at roadblocks,
subjected them to searches, and extorted money from them. Police and
solders continued to target citizens of Cameroon, Gabon, and Nigeria
(see Section 1.c.). The Government justified these roadblocks as
customs controls to compensate for its inability to control the
country's borders effectively. These checkpoints effectively restricted
the freedom of movement of members of the opposition. Prior to the
presidential election, the Government re-opened a number of military
roadblocks on the island of Bioko between Malabo and Luba and also in
the vicinity of Bata on the mainland.
All citizens were required to obtain permission to travel abroad
from the local Police Commissioner, and some members of opposition
parties were denied this permission. Those who did travel abroad
sometimes were interrogated upon their return (see Section 2.a.). On
January 20, the Inter-Ministerial Human Rights Commission eliminated
exit visa requirements for citizens traveling outside the country;
however, the Government refused issuance of exit visas to some
opposition figures early in the year.
During the year, President Obiang continued to urge exiled
opposition figures to return to the country and to legalize their
parties; however, there were no reports of returnees during the year.
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. In recent years, an average of one or
two persons requested refugee status in the country. The Government
provided first asylum and generally granted asylum requests; the
Government cooperated with the U.N. High Commissioner for Refugees
(UNHCR).
There were no reports of the forced return of any 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; however, in practice there have been no free,
fair, and transparent elections since independence in 1968. The
President exercised strong powers as head of state, commander of the
armed forces, and leader of the Government party, the PDGE. Impeachment
of the head of state is forbidden in the constitution. Leadership
positions within the Government in general were restricted to the
President's Mongomo clan of the Fang ethnic group and its closest
supporters. The Government completely dominated the elected Chamber of
Deputies and the Minister of the Interior also acted as President of
the National Electoral Board.
In 1997 the Government and 13 political parties promulgated a
revised national pact that called 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 in the Constitution. However, the Government
has not abided by most of the pact's provisions, and opposition
activists reported that the Government made virtually no effort to
implement the pact. The Government's refusal to issue exit visas to
some opposition figures early in the year violated the pact's principle
of freedom of travel and the Government's own elimination of the exit
visa requirement. The continued arrests of CPDS and UP party leaders
further undermined the Government's claims that it abided by the pact,
as did its continued restrictions on freedom of movement and the
continued lack of access to government media by the opposition (see
Sections 2.a. and 2.d.).
The electoral law mandates the replacement of open voting by secret
ballots in future elections but prohibits coalitions between political
parties. Nevertheless, five opposition groups including the CPDS, Front
for Democratic Opposition (PSD), PP, Progressive Democratic Alliance
(ADP), and the UP formed the Front of Democratic Opposition (FOD). The
formation of this alliance with an unrecognized party widely was
alleged to be the real reason behind CPDS Secretary General Placido
Mico's detention (see Section 1.d.). Significant segments of the
political opposition either remained banned or had yet to be recognized
by the Government by year's end, including the FDR, the PP, the PIDS,
and the Movement for Autodetermination of Bioko Island (MIAB) (see
Section 2.b.).
The last legislative elections that should have been held in 1998
were postponed until March 1999. The three opposition parties initially
called for a boycott of the polls to protest pre-election
irregularities; however, all but one of the parties, the CPDS,
ultimately participated in the voting. One CPDS candidate was elected;
however, he refused to take his seat after the Government accused him
of rigging the election. International observers considered the 1999
legislative election process to be seriously flawed and characterized
by numerous irregularities and restrictions on the ability of the
opposition to campaign. Roadblocks impeded the opposition's ability to
travel, and opposition leaders were detained intermittently and
sometimes mistreated, tortured, or assessed stiff fines. The UP and
CPDS opposition parties won 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.
Prior to the December presidential elections, there were reports
that arrests and harassment of opposition party members increased (see
Section 1.d.).
President Obiang won the December 15 election, with 97.1 percent of
the vote and 98 percent of registered voters participating. Opposition
leaders charged earlier in the year that census results showing a
twofold population increase were flawed and that numbers were inflated
to perpetuate election fraud. Four of the leading opposition candidates
published a statement that rejected the vote and called for new
elections. There were widespread reports of irregularities on election
day, including intimidation at the polls. For example, in some towns,
commission members gathered voters and asked whether any intended to
vote for the opposition. When none responded affirmatively, their votes
were counted for the President. Voters were discouraged from voting in
secret, ballots were opened, and ruling party representatives
reportedly cast votes in their own right as well as on behalf of minor
children and the deceased. There also were reports that security forces
intimidated voters by their presence in polling booths. The European
Union (E.U.) expressed concern regarding the democratic process,
severely criticized the way the presidential election was carried out,
and recommended that the Government invite the U.N. or the E.U. to send
an electoral assistance mission.
There were no legal restrictions on the participation of women or
minorities in politics. There were 5 women in the 80-member legislature
and 3 women in the 41-member cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no effective domestic human rights NGOs. The law
restricts NGOs and identifies specific areas in which they may operate;
human rights was not one of these areas.
CNDH was established by Parliament in 1991 and had as its main
responsibility monitoring respect for fundamental human rights
throughout the country. It concentrated primarily on prison conditions.
Unconfirmed sources have said that the Parliament, (``Peoples' House of
Representatives''), appointed CNDH members.
No international human rights NGO was resident in the country;
however, there were signs of improvement in the relations between some
international organizations and the Government. During the year, the
Government signed a convention providing the ICRC regular prison access
(see Section 1.c.).
Catholic Relief Services (CRS) confined its programming to health-
related issues, citing safety concerns for staff and partners. There
have been allegations from CRS, Reporters Without Borders, and the
Center for Rural Development that NGO representatives visiting Malabo
have had their movements, calls, e-mails, and faxes monitored (see
Section 1.f.).
In August a Spanish volunteer associated with the NGO Central
Caritas spent 3 weeks in jail on charges of espionage after he was
arrested in Malabo for viewing, from a public street, solar panels
mounted on a military facility.
During the year, the Government denied requests from Micominsen, a
Spanish order of nuns whose charitable work includes stocking hospitals
and providing clean water sources, to enter the country.
In April the Commission on Human Rights terminated the mandate of
UNCHR Special Representative Gustavo Gallon, despite protest from the
international community and the former Special Representative himself.
Gallon stated in his January report that the country should continue to
be monitored, and according to the Commission's resolution, advisory
and technical support in the area of human rights will continue.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits all forms of discrimination; however,
both governmental and societal discrimination against women and ethnic
minorities continued.
Women.--Domestic and societal violence against women, particularly
wife beating, was common. The public beating of wives was forbidden by
government decree; however, violence in the home generally was
tolerated. The Government does not prosecute perpetrators of domestic
violence. Many prisons do not have separate areas for men and women,
and women were subjected to sexual abuse both from the authorities and
other prisoners while in detention.
The massive influx of single foreign men in the petroleum sector
has contributed to an increase in prostitution. During periodic
crackdowns, police arrested prostitutes but allowed their clients,
generally expatriates, to go free.
Although the Constitution provides for equal rights, women largely
were confined by custom to traditional roles, particularly in
agriculture. Polygyny, which was widespread among the Fang, contributed
to women's secondary status, as did limited educational opportunity.
There was no discrimination against women in formal inheritance and
family law; however, in the Fang, Ndowe, and Bisio cultures,
primogeniture was practiced. Because women become members of their
husband's family upon marriage, they usually were not accorded
inheritance rights. When the husband dies, a widow either remains with
his family in a dependent, marginalized position or she returns the
dowry and leaves with nothing.
There was discrimination against women 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 (or her father or brother) must return the dowry given her
family by the bridegroom at the time of marriage. Tradition also
dictates that if a girl's family accepts a dowry from a man, she must
then marry him, regardless of her wishes. If the marriage does not take
place, the family is required by tradition to return the dowry, which
they sometimes cannot do. This could lead to imprisonment of the bride
or a family member for the debt (see Section 1.d.). If a marriage
dissolves, the husband also automatically receives custody of all
children born after the marriage, while the mother maintains custody of
all children born prior to the marriage.
According to the law, women have the right to buy and sell property
and goods; however, in practice the male-dominated society permitted
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 were
legislated. The Government devoted little attention to children's
rights or their welfare and had no set policy in this area. Education
was compulsory through primary school, but the law was not enforced. In
practice boys were expected either to complete an additional 7 years of
secondary school or to finish a program of vocational study following
primary education. Pregnancy and the requirement to assist in
agricultural work made this level of education less likely for girls.
Many rural families were unable to afford the school fee and book
expenses for children over 10 years of age. The 1999 report by the U.N.
Special Representative noted that only 12 percent of girls reach the
secondary level of education compared with more than 24 percent of
boys. Only 9 percent of girls finish fifth grade. Generally women have
only one-fifth the educational level of men. New schools have opened;
however, they were reported to be without basic materials such as books
and desks. Teachers were political appointees and often received no
training. Children suffered poor health and a high mortality rate.
Persons with Disabilities.--There was no constitutional or legal
provision to protect persons with disabilities from discrimination in
employment, education, or the provision of other state services. While
there was no formal evidence of discrimination against persons with
disabilities, anecdotal evidence suggested that basic care may be
withheld when children have potentially disfiguring diseases such as
polio. The law does not mandate access for persons with disabilities to
buildings.
National/Racial/Ethnic Minorities.--Discrimination against ethnic
or racial minorities was not legal, and the Government did not overtly
limit their participation in politics; however, the monopolization of
political power by the President's Mongomo clan of the Fang ethnic
group persisted. In practice some members of ethnic minorities faced
discrimination because they were not members of the Fang ethnic group,
or belonged to a Fang subclan other than the President's.
Differences among clans of the Fang ethnic group, in particular
resentment of the political dominance of the Mongomo clan, also were
sources of significant political tensions and in past years, of
occasional violence.
Beginning on July 24, police forced approximately 500 Cameroonians
out of Malabo following implementation of a new policy concerning
nationals of neighboring countries. A government spokesperson claimed
the policy was designed to curb the illegal entry of Cameroonians
attracted by increasing petroleum-led growth.
Several thousand citizens of Nigeria, Ghana, and Francophone Africa
continued to reside in the country. Most were small traders and
businesspersons. The police reportedly continued to harass and extort
money from them as well as harassing asylum seekers on an individual
basis.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to organize unions; however, the Small Farmers Syndicate (OSPA),
was the country's only legally recognized labor union. According to the
International Confederation of Free Trade Unions (ICFTU), the
Government never has allowed the registration of unions; as a result,
the Equatorial Guinea Trade Union has been forced to carry out its
activities in secret. There were a few cooperatives with limited power.
The law stipulates that a union must have at least 50 members who are
from a specific workplace and located in the same geographic area to
register; this effectively blocked union formation. The CPDS tried
unsuccessfully to legalize its affiliated Syndicated Workers' Union
(UST), and an independent union, Independent Syndicated Services (SIS),
was denied registration despite having met the requirements of the law.
In April the Government shut down a newly created bar association, an
action that reportedly discouraged early efforts to organize a college
of physicians.
The 1992 Law of Associations and Syndicates provides that a
separate law be enacted to govern unions for civil servants; however,
this law has not been enacted. During the year, the International Labor
Organization (ILO) advised the Government on the formation of
professional organizations.
During the year, the country's major private employer, the oil
industry, which was dominated by foreign firms, continued to take steps
to reduce government control of hiring in the industry. Companies
employed methods ranging from public advertising of jobs and objective
testing to screening of applicants by non-citizens only, in an attempt
to eliminate the former political bias in the hiring process. According
to regional representatives of the ILO, oil industry efforts largely
have been ineffective, and the Government continued to influence
employment in all sectors.
In May 2001, an ILO team met with the Government to discuss reform
of the country's labor laws and ILO assistance for labor inspectors;
however, no subsequent action has been taken.
There was no law prohibiting antiunion discrimination.
b. The Right to Organize and Bargain Collectively.--The law
provides workers the right to organize and bargain collectively;
however, there were many legal requirements before collective
bargaining was permitted, which limited unions' ability to organize.
There was no evidence of collective bargaining by any group; however,
the Labor Ministry sometimes mediated labor disputes. The Government
and employers set wages, with little or no participation by workers.
The law provides for the right to strike. The Labor Code contains
provisions to uphold worker rights, but the Government generally did
not enforce them, in part because of inadequate staffing in the
Ministry of Labor. Apart from the Labor Ministry, workers had few other
places to seek redress. Members of the National Assembly reportedly
tried to mediate employer-worker disputes over wages or dismissals;
however, they had no legal authority to do so.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law forbids forced
or bonded labor, including by children, and slavery; however, detainees
and convicted felons performed extensive labor outside prison,
including for prison officials, without compensation (see Section
1.c.).
There were reports that forced child labor occurred (see Section
6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age for the employment of children was
14 years, but the Ministry of Labor did not enforce this law, and child
labor was common particularly on family farms and businesses. The
Government also did not enforce the law that stipulates mandatory
education through primary school. Underage youth performed both family
farm work and street vending. While the Ministry of Labor was
responsible for the enforcement of labor legislation, the Government
did not have a comprehensive policy on child labor.
e. Acceptable Conditions of Work.--Employers must pay the minimum
wages set by the Government, and most companies pay more than the
Government-established minimum wage. The minimum monthly wage ranges
from $100 (75,000 CFA francs) per month for unskilled workers to $1,000
(750,000 CFA francs) per month for oil sector professionals. The
mandated minimum wage in the oil sector was twice the minimum wage in
commercial enterprises, and oil sector workers received a much higher
scale than elsewhere in the national economy, often 10 times the
minimum wage. The minimum wage for unskilled workers was 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
were observed in practice in the formal economy.
The Labor Ministry reportedly took no further action on the 2001
case where several employees of the Malabo city administration sought
payment of overdue wages.
The Labor Code provides for comprehensive protection for workers
from occupational hazards; however, the Government did not enforce this
in practice. The Government has seven labor inspectors in Malabo and
five based in Bata, which was an insufficient number to oversee local
industry. The Government began training more inspectors in 2001.
Employees who protested unhealthy or dangerous working conditions
risked losing their jobs.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and reports that the country increasingly was a minor
destination and transit point for trafficked persons continued. The
Government sent representatives to Libreville to attend a regional
conference on trafficking in persons; however, no legislative or policy
changes had resulted by year's end.
Children primarily were trafficked into the urban labor sector in
Malabo and Bata, mostly from Benin and Nigeria. Benin girls between the
ages of 12 and 16 worked 12-hour days selling cosmetics on the streets
of Malabo. These girls often were unpaid and physically mistreated.
Nigerian boys worked in market stalls in Bata, often without pay or
personal freedom. UNICEF reported that country served as a transit
point for children who were trafficked to Gabon. The country was both a
destination and a transit point for trafficked women, mostly from
Cameroon, Benin, and Nigeria. Women were trafficked into hubs of
prostitution to serve the growing businessman population in Malabo.
__________
ERITREA
Eritrea is a one-party state that became independent 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, served 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 in the country. Elections, which were first
postponed 1997, were postponed again in December 2001. Government
officials stated that the elections were delayed because of continuing
tensions with Ethiopia and problems caused by dissidents and the press.
The Government created an electoral commission that was charged with
setting a new date for elections; however, the commission had not set
the date for elections by year's end. The Constitution, ratified in
1997, provides for democratic freedom; however, its provisions were not
implemented by year's end. The judiciary formally was independent;
however, it was weak and subject to executive interference.
The police were responsible for maintaining internal security,
although the Government could call on the armed forces, the reserves,
and demobilized soldiers in response to both domestic and external
security requirements. These forces were under the full control of, and
responsive to, the Government. In 1998 fighting broke out between the
armed forces and Ethiopian militia along the border, which led to a 2-
year war with Ethiopia. The Government responded to the escalating
military conflict by calling up reserves and increasing its armed
forces to approximately 300,000 soldiers. In addition to the war with
Ethiopia, the army was engaged in a low-intensity conflict with the
Eritrean Islamic Jihad (EIJ), a small, Sudan-based insurgent group that
has mounted attacks in the north and west since 1993. Some members of
the security forces committed serious human rights abuses.
While trade, services, and manufacturing accounted for the greatest
portion of gross domestic product, the rural economy was based largely
on subsistence agriculture, and more than 70 percent of the population
of 3.6 million was engaged in farming and herding. The economy
recovered somewhat from the severe disruption inflicted in 2000 by the
conflict with Ethiopia, which resulted in the dislocation of more than
1 million persons, an almost four-fold rise in inflation, an increased
fiscal deficit, a drop in economic activity, increased pressure on the
local currency as foreign exchange reserves fell, and a severe drop in
agricultural production that increased the country's dependence on food
donations, up to 50 percent of total food requirements. During the
year, inflation fell to approximately 9 percent from 15 percent in
2001, and economic growth rose to 9 percent from 7 percent. The
continued integration of as many as 75,000 Eritreans or Ethiopians of
Eritrean origin deported from Ethiopia, 52,000 long-term Eritrean
refugees from camps in Sudan, and an unknown number of internally
displaced persons (IDPs), continued to burden the economy. In addition,
much of the skilled labor force continued to serve in the national
service. The majority of national service was military but some persons
worked in civilian government jobs. International economic assistance
accounted for a major portion of external revenues. Remittances from
citizens who lived abroad also provided an important source of external
revenues, estimated at approximately $300 million per year. The country
had an annual per capita income of less than $200, and approximately
one-third of the population depended on foreign emergency assistance.
The ruling party, the PFDJ, continued to exert a strong economic
influence through various investments and party-owned businesses.
The Government's poor human rights record worsened, and it
continued to commit serious abuses. Citizens did not have the ability
to change their government, which was controlled completely by the
PFDJ. There were some reports, difficult to confirm, that the police
occasionally resorted to torture and physical beatings of prisoners,
particularly during interrogations, and police severely mistreated army
deserters and draft evaders. The Government generally did not permit
prison visits by local or international human rights groups. The
Government allowed the International Committee of the Red Cross (ICRC)
access to Ethiopian civilian detainees and POWs, although all POWs and
almost all Ethiopian civilians were released from detention by year's
end. Arbitrary arrests and detentions continued to be problems; an
unknown number of persons were detained without charge, some
incommunicado, because of political opinion, suspected association with
the Ethiopian Mengistu regime, radical Islamic elements, or terrorist
organizations. The judiciary was weak and subject to executive
influence and lacked the resources to provide speedy trials. The use of
a special court system limited due process. The Government infringed on
the right to privacy. The Government severely restricted freedom of
speech and press, including the rights of the religious media. There
were limits on freedom of assembly. The Government restricted the
freedom of religion. The Government restricted freedom of movement.
Violence and societal discrimination against women continued to be
problems, and female genital mutilation (FGM) remained widespread
despite government efforts to discourage the practice. Jehovah's
Witnesses and members of the Kunama ethnic group also faced some
government and societal discrimination. The Government restricted
workers' rights. There were unconfirmed reports of forced labor. Child
labor occurred.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government
continued to deploy military police throughout the country using
roadblocks, street sweeps, and house-to-house searches to find
deserters and draft evaders (see Section 1.d.). The Government
continued to authorize the use of deadly force against anyone resisting
or attempting to flee. There were reports of resistance, especially by
parents of draft-age girls, which resulted in the deaths of both
soldiers and civilians.
No action was taken in the 2001 cases in which two students died in
detention of by heat-related causes as a result of a forced summer work
program. There were reports that the living conditions during the
program were made more severe purposely to punish students for
protesting against the program; however, the university summer program
did not take place during the year.
There were reports that at least one POW died of disease during the
year (see Section 1.c.).
According to the Government Commission for Coordination with the
U.N. Peacekeeping Mission, there were an estimated 3 million landmines
and unexploded ordnance in the country, including between 500,000 and 1
million landmines from the 1962-91 war for independence. The EIJ or
others laid some new mines. The U.N. reported 48 deaths from landmine
incidents between January and September, compared with 63 deaths in
2001, 142 in 2000, and more than 350 in 1999. It was not clear whose
landmines were responsible for these casualties. It was probable that
there were additional, unreported deaths in remote areas.
No reported action was taken, nor was any likely to be taken,
against the camp guards who killed approximately 30 Ethiopian detainees
at a camp in Wia in 2000.
In 2000 the Government deported thousands of Ethiopians to Ethiopia
under difficult and dangerous conditions, which resulted in a number of
deaths. A few deportees reportedly disappeared and were believed to
have died. After the end of the war with Ethiopia in August 2000,
forced, mass deportations stopped.
b. Disappearance.--There were unconfirmed reports of politically
motivated disappearances.
During the year, it was reported that journalists who had been
missing reportedly were in government custody (see Section 2.a.).
There were no developments in the August 2001 disappearance of four
ethnic Kunama or the September 2001 case in which the Government
arrested 11 senior PFDJ and National Assembly members, whose
whereabouts remained unknown at year's end (see Section 2.a.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The transitional Penal Code prohibits torture; however,
there were some unconfirmed reports that the police at least
occasionally resorted to torture and physical beatings of prisoners,
particularly during interrogations. During the year, the police
severely mistreated and beat army deserters and draft evaders. The
police subjected deserters and draft evaders to various military
disciplinary actions that included prolonged sun exposure in
temperatures of up to 113 degrees Fahrenheit or the tying of the hands
and feet for extended periods of time (see Section 1.d.).
There were reports that women drafted to the national service were
subjected to sexual harassment and abuse.
Unlike in the previous year, there were no reports that students
were hospitalized as a result of participating in a mandatory summer
work program, which was terminated during the year.
During the year, there were dozens of reported injuries from
landmines and unexploded ordinance. It is probable that there were
additional, unreported injuries that occurred in remote areas.
No action was taken, nor was any likely to be taken, against the
guard at the Keren detention facility, who in 2000 shot and injured an
Ethiopian detainee.
In 2000 the Government deported to Ethiopia thousands of Ethiopians
under potentially difficult and dangerous conditions without the
participation of the ICRC (see Section 2.d.). Some reportedly
disappeared or died. The deportations stopped in August 2000 after the
end of the war with Ethiopia. In 2000 there were some instances in
which private Eritrean individuals threatened and beat Ethiopians. It
was not known if any police action was taken in these cases. In some
cases, police intervened too late to prevent the abuse or were unable
to halt it. During the year, abuse of Ethiopians by individuals was not
systematic, and there were fewer cases than in the previous year.
Prison conditions remained Spartan. The Government permitted three
visits per week by family members. There were no confirmed reports that
any prisoners died due to lack of adequate medical care. Women and men
were held in separate facilities. There were no juvenile detention
centers or correction facilities, and juvenile offenders often were
incarcerated with adults. Pretrial detainees generally were not held
separately from convicted prisoners; however, in some cases, detainees
were held separately. For example, the ``Group of 15'' political
detainees and others detained on national security grounds were thought
to be held separately, although their whereabouts remained unknown.
These political detainees were denied visitors during the year.
During the year, the Government returned 303 Ethiopian POW's to
Ethiopia. On August 29, the Government handed over the last group of
ICRC-documented POWs in the country. The condition of the POWs was
generally good; however, at least one POW died of illness during the
year.
The Government allowed the ICRC to visit and register Ethiopian
civilian detainees in police stations and prisons; however, the ICRC
was not permitted to visit the unknown number of Ethiopian soldiers who
the Government claimed were deserters from the Ethiopian army. Neither
the ICRC nor local groups were permitted to monitor prison conditions.
During the year, there were reports that some of the 14 Sudanese
prisoners arrested in 1994 could have been released in previous years.
No further action was likely to be taken in this 1994 case (see Section
1.d.). There also was a report that additional, prolonged detentions of
Sudanese nonpolitical prisoners continued during the year.
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention were serious problems. 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 detained persons
suspected of crimes for much longer periods. The Government held
numerous pretrial detainees during the year. The Government continued
to detain a small number of Ethiopians during the year; however, the
majority were prisoners who were convicted of common crimes.
During the year, human rights observers documented at least six
examples of arbitrary arrest, including of relatives of the previously
detained ``G-15'' group and diplomats who were called back from their
posts. At least four of these detainees, in addition to many detained
in previous years, remained in prison without charges at year's end.
There also were unconfirmed reports of other arrests during the year.
During the year, the Government deployed military police throughout
the country using roadblocks, street sweeps, and house-to-house
searches to find deserters and draft evaders (see Section 1.a., 1.c.,
and 1.f.). The military police detained persons who had not completed
their national service requirement, and those who had evaded previous
drafts (see Section.f. and 6.c.). There was a general public perception
that these round-ups were directed particularly at female draftees.
This perception caused significant anxiety and individual complaint
throughout society but no organized protests. In some instances,
authorities arrested and detained for several hours or even days
individuals, including pregnant women, children under age 18, and
citizens of other countries, who were not subject to national service
obligations or had proper documentation showing they had completed or
were exempt from national service. The few deportees of Eritrean origin
from Ethiopia who could not demonstrate their ties to the country were
issued documents that identified them as Ethiopians, which permitted
them to stay in the country (see Section 2.d.). Government and army
officials reportedly considered these Ethiopian deportees to be
citizens who were trying to avoid national service. As a result, they
were subjected to harassment and detention while the authorities
checked their status.
In 2000 authorities detained two journalists who reportedly were
inducted into the military to fulfill their national service
obligations and remained in the army at year's end. Approximately four
Jehovah's Witnesses remained in detention without charge for failing to
participate in national service; some had been detained for more than 5
years without charge (see Section 2.c.).
In July 2001, the Government arrested the president of the
independent Asmara University Students' Association; he remained in
detention without charge until he escaped in August. Most observers
believe he was arrested for leading student opposition against the
Government's requirement that university students participate in a
summer work program (see Section 6.c.). The summer work program for
university students was not held during the year in response to intense
criticism when two students died during the 2001 program while working
in harsh desert conditions (see Section 1.a.).
There were unconfirmed reports that the Government continued to
hold numerous members of the Eritrean Liberation Front (ELF), an armed
opposition group. Authorities sometimes arbitrarily arrested and
detained former combatants or members of the PFDJ who violated an
unwritten code of conduct (see Section 1.e.).
During the year, there were reports that some of the 14 Sudanese
prisoners arrested in 1994 may have been released in previous years. No
further action is likely to be taken in this case (see Section 1.c.).
The Government continued to arrest sporadically individuals with
known or perceived ties to political dissidents. It was estimated that
a total of 80 political dissidents were detained at year's end.
There were no developments in the following 2001 cases: The
September arrest of approximately 10 journalists and editors from
independent newspapers who remained in detention without charge and
without access to visitors (see Section 2.a.); the September arrest and
incommunicado detention of 11 senior PFDJ and National Assembly
members, including former Cabinet ministers and army generals, who were
part of the Group of 15 and whose whereabouts remained unknown (see
Section 2.a.); the September and October arrest of several elders who
remained in detention without charge; and the October arrest of two
local employees from a foreign embassy who remained in detention
without charge and without access to visitors.
In addition to the arrests in September 2001, the Government
arrested other individuals, many of them with known or perceived ties
to political dissidents, and detained them without charge and without
access to visitors at year's end.
There were no developments in the 2000 arrest of a journalist for
the newspaper Tsigenai who remained in detention without charge at
year's end or the 2000 case in which several members of the Kunama
ethnic group who were detained without charges on suspicion of
collaborating with Ethiopian forces.
An unknown number of persons suspected of association with the
Ethiopian Mengistu regime, radical Islamic elements, or suspected
terrorist organizations remained in detention without charge, in some
cases for years.
There was no information available, nor is any likely to become
available, on the several members of the Kunama ethnic group who were
detained without charges on suspicion of collaborating with Ethiopian
forces in 2000.
An unknown but believed to be small number of Ethiopians,
particularly men, were thought to be held in police stations, prisons,
and jails in Asmara and possibly in other areas. The Government stated
that Ethiopians detained in such places were in detention because they
had committed a crime or legal infraction. International monitors had
access to the majority of detainees in police stations and jails. In
May 122 Ethiopian civilians who had been detained in Massawa were
repatriated by the ICRC. The Government previously had denied holding
them.
The Government generally did not use exile as a means of political
control, and the law has no provisions concerning exile. The Government
continued to repatriate Ethiopians to Ethiopia. By December 2001, the
Government had repatriated more than 21,000 Ethiopians to Ethiopia. All
of these persons were repatriated voluntarily and with ICRC
participation (see Section 2.d.).
e. Denial of Fair Public Trial.--The judiciary was formally
independent; however, it was weak and subject to executive
interference. The continued use of an executive special court system
allowed executive interference with the judicial process. In addition,
the judiciary relied on the Ministry of Justice for logistical and
budgetary support, which further limited its independence. In August
2001, the Minister of Justice fired the president of the High Court
after he publicly complained of executive interference with the High
Court.
The judicial system had three parts: Civilian, military, and
special courts. The civilian court system consisted of village courts,
subregional courts, regional courts, and the High Court, which also
served as an appellate court. The developing judicial system suffered
from a lack of trained personnel, inadequate funding, and poor
infrastructure that, in practice, limited the Government's ability to
grant accused persons a speedy trial. At independence the Government
chose to retain the Ethiopian legal system but made some modifications
to it. The Government developed new commercial, penal, and criminal
codes, which remained ready for ratification by the National Assembly,
although ratification had not occurred by year's end. A new civil code
was drafted during 2001; however, it was not enacted by year's end.
Under the legal system, minor infractions were brought to village
courts and subregional courts. More serious offenses were argued before
regional courts, and cases involving murder, rape, and other serious
felonies were heard by the High Court. All cases, except those argued
before the High Court, were heard by a single judge; on the High Court,
panels of three judges heard cases.
Defendants had access to legal counsel, usually at their own
expense. Although there was no formal public defender's office, the
Government had requested successfully that attorneys work without fee
to represent defendants accused of serious crimes punishable by more
than 10 years in prison, who could not afford legal counsel. Defendants
could appeal verdicts to a High Court panel, which was composed of the
High Court president and four other judges.
Since the population largely was rural, most citizens only had
contact with the legal system through the traditional village courts.
Village judges, who were appointed by a panel composed of heads of
regional courts, the regional prosecutor, and the regional governor,
heard civil cases. Magistrates versed in criminal law heard criminal
cases. Local elders adjudicated many local issues--for example,
property disputes and most petty crimes--according to customary law.
Where both litigants were Muslims, civil cases were heard under Shari'a
law. The traditional courts cannot impose sentences involving physical
punishment. The Ministry of Justice also offered training in
alternative dispute resolution to handle some civil and petty criminal
cases.
The drafting of many civilians, including court administrators,
defendants, judges, lawyers, and others involved in the legal system,
into the national service had a significant negative impact on the
judiciary. The High Court was reduced from 7 benches to 3 benches, and
provincial, zone, and village court personnel were reduced by 40
percent. As a result of these personnel constraints, there were lengthy
delays in the processing of cases, particularly at the High Court
level.
The special court system ostensibly was created to reduce a growing
backlog in the civilian court system. However, in practice the special
courts, which banned defense counsel and the right of appeal, allowed
the executive branch to mete out punishment without respect for due
process and could subject the accused to double jeopardy. Judges in the
special courts were senior military officers, most of whom had little
or no legal experience. They based their decisions on ``conscience,''
without reference to the law. There was no limitation on punishment.
The special courts had jurisdiction over some criminal cases, such as
capital offenses, felonies, misdemeanors, cases of tax evasion
involving large sums, and cases of embezzlement by senior officials.
The office of the Attorney General decided which cases were to be tried
by a special court. The Attorney General also allowed the special
courts to retry civilian court cases, including those decided by the
High Court, thereby subjecting defendants to double jeopardy.
The special courts also handled crimes involving corruption, theft,
and misuse of government authority allegedly committed by former
members of the EPLF during the war for independence. Senior former
fighters and members of the PFDJ often were held to a stringent
unwritten code of conduct, and violations of this code were handled by
the special courts outside the normal judicial process. Those accused
of violating this circle of trust were arrested and held without formal
charge or tried in the special courts.
There were no reports of political prisoners; however, there were
numerous reports of persons detained for political reasons (see Section
1.d.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Government at times infringed on the right to
privacy. Under the law, warrants are required for routine searches and
seizures, except in cases where authorities believe individuals may
attempt to escape or destroy evidence. Warrants also theoretically are
required before the Government can monitor mail, telephones, or other
means of private communication; however, in practice the Government
often did not obtain warrants, and there were reports that the
Government monitored telephone calls and e-mail. Government informers
were believed to be present throughout the country. There were
unconfirmed reports that members of the PFDJ placed Ethiopians under
surveillance.
During the year, military police were deployed throughout the
country to find deserters and draft evaders. Members of the force
carried out frequent document checks using roadblocks, street sweeps,
and house-to-house searches and routinely detained persons of military
age who had not done their national service (see Sections 1.d. and
6.c.).
There were unconfirmed reports that the Government took land from
members of the Kunama ethnic group without compensation and gave it to
others on the grounds that the land was not being exploited efficiently
(see Section 5). In addition the Government failed to compensate
foreigners for property seized by the former Mengistu regime in
Ethiopia or to return that property.
In 2000 the Government closed Ethiopian-owned businesses, forced
Ethiopians to vacate government-owned housing, froze some bank
accounts, and seized some assets belonging to Ethiopians.
During 2001 the situation had improved somewhat. Ethiopians
generally were able to renew residence permits without difficulty
during the year; however, they continued to be unable to obtain
business licenses, driving licenses, or leases, and many continued to
lose their jobs because of their nationality. In most cases, Ethiopian
business owners who lost their inventories when their shops were closed
did not receive compensation. These hardships encouraged many
Ethiopians to leave the country during 2001. During the year,
conditions remained difficult for Ethiopians living in the country, but
most who wanted to leave had already done so. There were reports that
Ethiopians who remained in the country were not allowed to live in the
strategically important Debub province bordering Ethiopia.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Government restricted the
freedom of speech and the press, particularly since September 2001 when
it closed the private press and arrested most independent journalists,
which effectively prevented all public and much private criticism of
the Government. All private newspapers were banned, and the ban
remained in effect at year's end.
After September 2001, the Government controlled all nonreligious
media, including three newspapers, one radio station, one television
station, and one of only two newspaper printing presses in the country.
There were no private radio or television stations, and after September
2001, there were no private, nonreligious newspapers. The Government
had the authority to ban the import of any foreign publication,
although it had not done so. Some Western periodicals were available
regularly at several bookshops and from street vendors in Asmara. The
press law 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.
The Government permitted five part-time reporters for foreign news
outlets to operate in the country. Those who worked for Deutsche Welle
and Voice of America were citizens, while the BBC, IRIN, and Reuters
reporters were foreigners.
The arrests of journalists continued during the year. In January
and February, four journalists were arrested and remained detained
without charge at year's end. Three were working for the Arabic section
of the official government media. The fourth, previously a reporter for
an independent newspaper that was closed in 2001, was detained trying
to leave the country. Observers reported that nearly all reporters and
editors of the independent press had either fled the country or been
detained.
In September 2001, the Government arrested and detained without
charge 11 senior PFDJ and National Assembly members of the Group of 15
after they expressed dissenting political views (see Section 1.d.).
Authorities then arrested and detained independent journalists without
charge and closed the private press after the publication of the views
of the Group of 15. The detained journalists included: Yosuf Mohamed
Ali, editor-in-chief of Tsigenai; Said Abdulkader, editor-in-chief of
Admas; Selayinghes Beyene and Dawit Habetemichael, reporters for
Meqaleh; Aaron Berhane, editor-in-chief of Setit; Medhane Haile,
editor-in-chief of Keste Debena; Emanuel Asrat and Wedi Ade from Zemen;
and an independent photographer, Seyum Fesehaye. Although the
Government stated that the arrests were not related to opposition
views, it offered no evidence against them and did not charge them
formally. Subsequently, other persons were arrested arbitrarily and
remained in custody without charge at year's end. The Government
defended the arrests as necessary on grounds of national security but
did not provide an additional explanation. In April nine of the
reporters arrested in September 2001, declared a hunger strike. They
subsequently were moved to undisclosed locations, and their whereabouts
were unknown at year's end.
During the year, it was reported that four journalists who have
been missing since 1999, 2000, and 2001 were in government custody. One
of them was affiliated with the official Hadas Eritrea newspaper.
After the independent press was closed in September 2001, the
Government formed a committee to revise the Press Law. The law does not
allow private ownership of broadcast media or foreign influence or
ownership of any media. The law requires that all newspapers obtain a
license from the Ministry of Information before publication and that
all reporters register with the Ministry. The law in theory allows
individuals to publish newspapers and magazines. Prior to September
2001, eight independent newspapers published on a weekly or biweekly
basis, with an estimated circulation of 45,000. In September 2001, the
Government closed these publications, and religious publications were
banned during the year. There were no independent print media operating
in the country by year's end.
Access to the Internet was available in Asmara and Massawa, and
there were four commercial Internet Service Providers in the country.
There were no restrictions on the use of the Internet.
Although the Government claimed that there were no restrictions on
academic freedom, the University of Asmara refused to give diplomas to
its graduates unless they had completed their national service
obligations (see Section 6.c.). The Government placed tight controls on
students who wanted to study abroad. Many were unable to obtain exit
visas or were prevented from leaving the airport despite having
necessary approvals. In addition, new graduates occasionally were
pressured to work for government entities (see Section 2.d.).
b. Freedom of Peaceful Assembly and Association.--The Government
limited freedom of assembly. A permit from the Ministry of Local
governments was required for a public meeting or demonstration. There
were no reports of any political demonstrations that were not sponsored
by the ruling party; no other permits were applied for during the year.
Several respected elders who were arrested in 2001 for meeting
without a permit remained in detention without charge at year's end
(see Section 1.d.).
The Government restricted the freedom of association. The
Government did not allow the formation of any political parties. The
draft laws on guidelines for new elections and the formation of
political parties had not been submitted to the provisional National
Assembly for amendment and ratification at year's end. The Government
had expressed its opposition to the formation of any party based on
ethnicity or religion.
c. Freedom of Religion.--The Government restricted the freedom of
religion, except in the cases of the four major religions in the
country: Orthodox Christianity, Islam, Catholicism, and the Evangelical
Lutheran.
In May the Ministry of Information, which oversees religious
affairs, called together the leaders of several smaller churches,
referred to collectively as the ``Pentes,'' and ordered them to close
down. The Pentes included Born Again Christians, Pentecostals, Full
Gospel, and other smaller Protestant groups. The Government required
these churches to register and receive authorization to reopen. The
churches were informed that partial registrations would not be
accepted. By year's end, no churches had been authorized to reopen. The
four major religions were not required to register.
Islam and the three major Christian denominations were practiced
and tolerated widely throughout the country with persons free to
worship at the church or mosque of their choice; however, the
Government closed churches of other denominations and continued to
harass, detain, and discriminate against the small community of
Jehovah's Witnesses because of their refusal, on religious grounds, to
vote in the independence referendum or to perform national service.
Although persons from other religious groups, including Muslims,
reportedly had been punished in past years for failure to participate
in national service, only Jehovah's Witnesses were subject to dismissal
from the civil service, had their trading licenses revoked, were
evicted from government-owned housing, and were denied passports,
identity cards, and exit visas. There were no reports that Jehovah's
Witnesses who performed national service and participated in the
national independence referendum were subject to discrimination.
Jehovah's Witnesses often were denied identification cards, passports,
exit visas, trading licenses, government housing, and government
employment unless they hid their religion.
The Government also harassed and monitored some Orthodox churches
whose religious services it did not approve.
There were some complaints in the Muslim community that the
Government had discriminated against Islam in favor of Orthodox
Christianity by granting Orthodox churches tax relief not offered to
mosques.
The Government prohibited political activity by religious groups
and faith-based nongovernmental organizations (NGOs), and the
Government's Directorate of Religious Affairs in the Ministry of Local
government monitored religious compliance with this proscription
against political activity.
At year's end, approximately four Jehovah's Witnesses remained in
detention without charge and without being tried for failing to
participate in national service. These individuals had been detained
for varying periods of time, some for more than 5 years without charge.
The maximum penalty for refusing to perform national service is only 3
years' imprisonment. Ministry of Justice officials denied that any
Jehovah's Witnesses were being held without charge; however, they
acknowledged that some Jehovah's Witnesses, and a number of Muslims,
were serving sentences for convictions on charges of evading national
service.
The army resorted to various forms of extreme physical punishment
to force objectors, including some Jehovah's Witnesses, to perform
their military service (see Section 1.c.).
There were negative societal attitudes toward members of religious
denominations other than the four major ones. Many citizens approved of
the strict measures levied against those churches during the year.
Jehovah's Witnesses faced some social discrimination because of their
refusal to participate in the 1993 independence referendum and to
perform national service. However, the level of societal discrimination
against Jehovah's Witnesses has declined in recent years.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--While citizens could travel freely
within the country and change their place of residence and work,
authorities restricted freedom of movement and emigration. The
Government required all citizens to carry national identification
cards, which they must present on demand at security checkpoints. The
Government restricted travel to some areas within the country for
security reasons. Military police periodically set up roadblocks in
Asmara and other cities to find draft evaders and military deserters
(see Section 1.d.). Periodic crackdowns continued to occur during the
year.
The Government continued to restrict travel along much of the
border with Sudan. Some areas remained heavily mined, a legacy of the
war for independence. Occasionally, the EIJ or others set new mines,
leading to additional travel restrictions (see Sections 1.a. and 1.c.).
Citizens were required to obtain an exit visa to travel outside the
country. Citizens of national service age (18 to 40), Jehovah's
Witnesses (see Section 2.c.), officials of the former Ethiopian
military regime, and others who had fallen out of favor with the
Government routinely were denied exit visas. In addition, the
Government often refused to issue exit visas to adolescents, apparently
on the grounds that they were approaching the age of eligibility for
national service. In practice it was very difficult for anyone under
the age of 40 to get an exit visa. There were many instances in which
the newly married spouse a citizen living abroad was denied an exit
visa to join the partner. Often the citizen in the country was denied
an exit visa because the spouse could not prove payment of the 2-
percent income tax, which was imposed on citizens who lived abroad or
who had run afoul of the Government.
In general, citizens had the right to return; however, citizens had
to show proof that they paid the 2-percent tax on their annual income
to the Government while living abroad to be eligible for government
services upon their return to the country. Applications to return from
citizens living abroad who had run afoul of the law, contracted a
serious contagious disease, or had been declared ineligible for
political asylum by other governments, were considered on a case-by-
case basis.
During the year, the Government annulled or denied exit visas for
several citizens who had received scholarships to foreign universities
or been nominated for participation in exchange programs. Government
officials said their cases would be reexamined on an individual basis.
Unlike in previous years, there were no reports that Ethiopians
still in the country were unable to obtain exit visas.
During the year, the Government repatriated approximately 1,500
Ethiopians to Ethiopia. They were repatriated voluntarily and with ICRC
participation. An estimated 20,000 to 25,000 Ethiopians remained in the
country at year's end. In 2001 more than 20,000 Ethiopians were
repatriated under similar circumstances. At the end of November, the
Ethiopian government released more than 1,200 Eritrean POW's, the last
of the recorded Eritrean prisoners from the 1998-2000 conflict.
Approximately 1.1 million citizens were displaced internally as a
result of the conflict with Ethiopia. Most of these IDPs returned home;
however, approximately 67,000 IDPs remained in 11 camps in the Debub
and Gash Barka zones at year's end. Camp facilities were basic, but
conditions generally were adequate. There also was a large but unknown
number of IDPs residing outside camps during the year.
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 cooperated with the
office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. The Government
provided first asylum to Somali and Sudanese refugees during the year.
There were 498 Sudanese refugees at the Elitte camp in the western part
of the country and 2,560 Somali refugees at the Emkala camp, near
Massawa. There also were 5,000 to 7,000 Beja Sudanese refugees in the
Gash Barka region. The Eritrean Relief and Refugee Commission (ERREC),
a government agency, was the principal organization responsible for
refugees and IDPs.
During the year, UNHCR reported that approximately 20,000 Eritrean
refugees were repatriated from Sudan. Since July 2000, when
repatriations began, the total was 74,000. At year's end, 19,000 of the
more than 60,000 refugees remaining in Sudan had registered for
repatriation.
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 not been had the right to change their government in
multiparty elections. Authority within the Government was held very
narrowly among a small group of former fighters. The Government was
dominated completely by the PFDJ, which came to power in the 1993
popular referendum in which more than 99 percent of voters chose to
have an independent country managed by a transitional government run by
the PFDJ rather than to remain part of Ethiopia. The PFDJ still had not
fulfilled the ambitious program that it initially outlined for a
transition to a democratically elected government by 1997. National
elections, originally scheduled for 1997, never were held. The only
authorized political party was the PFDJ, and there were no opposition
parties active domestically (see Section 2.b.).
In 2001 two committees developed guidelines and rules for new
elections and the formation of political parties; however, the draft
electoral law and the draft law regulating the formation and activities
of political parties had not been acted on by year's end. National
Assembly elections scheduled for December 2001, did not take place.
Government officials stated that the elections were delayed because of
continuing tensions with Ethiopia and problems caused by dissidents and
the private press. In February another electoral commission was
established to set a new date for elections and review the previously
drafted laws; however, elections still were not scheduled at year's
end.
During the year, village-level elections were held in the rural
parts of Debub (South central) and Maakel (central) provinces.
In an effort to encourage broader participation by women in
politics, the PFDJ named 3 women to the party's 19-member Executive
Council and 11 women to the 75-member Central Council at the last party
congress that was held in 1994. Women participated in the
Constitutional Commission (occupying almost half of the positions on
the 50-person committee). They also served in several senior government
positions, including Minister of Justice and Minister of Labor. By law,
one-third of regional National Assembly seats are reserved for women,
and women also may compete for the nonreserved seats.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Ministry of Foreign Affairs and Ministry of Local governments
jointly were responsible for handling human rights inquiries. All NGOs
had to register with the ERREC; there were 31 international and 16
domestic NGOs operating in the country, the majority of which were
involved in emergency assistance. Only one domestic human rights
organization, Citizens for Peace in Eritrea (CPE), was allowed to
operate, and its work was limited to advocacy on behalf of war victims.
A government decree provides that religious organizations,
including faith-based NGOs, cannot engage in development activities;
however, it never was enforced in practice. In addition, the four main
religious groups (Orthodox, Catholic, Muslim, and Evangelical Lutheran)
coordinated the provision of relief services to deportees from Ethiopia
in conjunction with the ERREC. A governmental decree requiring that all
NGOs hire only those who had completed their national service never was
enforced.
Most international human rights organizations were not permitted to
operate within the country, with the exception of the ICRC, which
continued its programs during the year and provided shelter and
supplemental food to approximately 100,000 persons who were displaced
by the conflict with Ethiopia (see Section 2.d.). The ICRC also visited
prisons and detention centers where Ethiopians were held during the
year (see Section 1.c.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The transitional civil code prohibits discrimination against women
and persons with disabilities, and the Government enforced these
provisions.
Women.--The Government has not taken a firm public stance against
domestic violence and generally has ignored the problem. Violence
against women was pervasive. Spousal abuse is a crime; however, spousal
abuse, especially wife beating, was common. Domestic violence seldom
was discussed openly by women because of societal pressures. Such
incidents more commonly were addressed, if at all, within families or
by religious clergy. It was estimated that more than 65 percent of
women in the Asmara area were the victims of domestic violence during
the year. The Government response to domestic violence was hindered by
a lack of training, inadequate funding, and societal attitudes.
Rape is a crime; however, no specific information was available on
its prevalence in the country.
FGM was widespread, with estimates placing the number of women and
girls who have been subjected to FGM as high as 95 percent. FGM was
practiced by almost all ethnic and religious groups in the country. In
the lowlands, infibulation--the most severe from of FGM--was practiced.
There was no law prohibiting FGM. However, the Government worked to
combat the practice of FGM. The Government and other organizations,
including the National Union of Eritrean Women, sponsored education
programs that discouraged the practice. The U.N. Population Fund,
through the Ministry of Health, sponsored reproductive health projects
that provided training and awareness programs that focused on the
negative physical and psychological impacts of FGM.
Prostitution is illegal; however, as a result of war-related
displacement and difficult economic conditions, prostitution was a
serious problem. The problem was magnified by the presence of many
international peacekeepers, NGOs, and other foreign men in the country
since the end of the war with Ethiopia.
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. Much of society
remained traditional and patriarchal, and generally women did not enjoy
a social status equal to men. The law provided a framework for
improving the status of women, but laws were enforced unevenly, because
of a lack of capacity in the legal system and ingrained cultural
attitudes. In practice males retained privileged access to education,
employment, and control of economic resources, with more disparities in
rural areas than in cities.
The law requires women between the ages of 18 and 40 to participate
in national service (see Section 6.c.). During the year, there were
increased efforts to detain women draft evaders and deserters (see
section 1.d.). According to some reports, women drafted to the national
service were subject to sexual harassment and abuse. In 2001 the
Government transferred most women out of direct combat roles and
reassigned them to civilian government jobs or support roles for the
military.
Children.--The Ministry of Labor and Human Welfare was responsible
for government policies concerning the rights and welfare of children.
The Children's Affairs Division under the Ministry of Labor and Human
Welfare covered childcare, counseling, and probation. The law
criminalizes child prostitution, pornography, and sexual exploitation.
Education through grade seven was compulsory and free. However,
education above grade seven was neither free nor compulsory, and while
the situation has improved, there was a shortage of schools and
teachers at all levels. According to Ministry of Education figures,
only 38 percent of children attended school. Approximately 75 percent
of the population was illiterate. In rural areas, young girls usually
left school early to work at home.
Child abuse was not thought to be common.
FGM was performed on up to 95 percent of all young girls (see
Section 5, Women).
Persons with Disabilities.--The long war for independence and the
conflict with Ethiopia left thousands of men and women with physical
disabilities from injuries they received as guerrillas, soldiers, and
civilian victims. The Government dedicated a large share of its
resources to support and train these former fighters, who were regarded
as heroes, and did not discriminate against them in training,
education, or employment. There were no laws mandating access for
persons with disabilities to public thoroughfares or public or private
buildings; however, many newly constructed buildings provided access
for persons with disabilities.
National/Racial/Ethnic Minorities.--There were reports of
government and societal discrimination against the Kunama, one of nine
ethnic groups, who reside primarily in the west. Because a Kunama
opposition group operated out of Ethiopia and was supported by
Ethiopian authorities, some Kunama in the country were suspected of
supporting or having sympathies with the Ethiopian government. In 2001
there were unconfirmed reports that the Government took land from
Kunamas without compensation and gave it to other ethnic groups on the
grounds that the land had not been efficiently exploited. There also
was an unconfirmed report that Eritrean refugees returning from Sudan
were resettled on Kunama fields after evicting the native Kunama. There
was some societal discrimination against Kunamas because they were seen
as ethnically and culturally different from most Eritreans.
There was no information available, nor is any likely to become
available, on the several members of the Kunama ethnic group who were
detained without charges on suspicion of collaborating with Ethiopian
forces in 2000.
Section 6. Worker Rights
a. The Right of Association.--Some government policies restricted
free association or prevented the formation of unions, including within
the civil service, the military, the police, and other essential
services. The Ministry of Labor must grant special approval for groups
of 20 or more persons seeking to form a union. There were no reports
that the Government opposed the formation of any labor associations
during the year.
Proclamation Eight provides 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, maintained a close affiliation with the Government, and
its leadership consisted of high-ranking PFDJ members. The NCEW
represented more than 25,000 workers from 250 unions and received some
assistance from the International Labor Organization (ILO) and foreign
labor organizations. The largest union within the NCEW was the Textile,
Leather, and Shoe Federation.
Unions may affiliate internationally. All five workers' federations
within the NCEW maintained affiliations with international unions.
b. The Right to Organize and Bargain Collectively.--Under the new
labor code, which was ratified in November 2001, a tripartite board
composed of workers, employers, and Ministry of Labor officials is
required to resolve differences. Under the labor law in force, disputes
were taken to court. During 2001 the NCEW brought 54 cases to court,
while an additional 17 NCEW cases remained pending. By August 2001, 20
of the 71 cases were settled through agreements between the parties, 11
had been settled through the Ministry of Labor, and 3 were adjudicated.
There were no strikes reported during the year.
There were no export processing zones. A free trade zone,
encompassing the ports of Massawa and Assab, was being established at
year's end.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were unconfirmed
reports that it occurred during the year. All citizens between the ages
of 18 and 40 were required to participate in a national service
program, which included military training and civic action programs. In
addition, some national service inductees were released back to their
civilian jobs, while nominally kept in the military, because their
skills were deemed critical to the functioning of the Government or the
economy. These individuals were required to forfeit to the Government
earnings in excess of the national service salary and were required to
perform farm labor. High school students also were required to
participate in a paid summer work program.
In 2001 the Government announced that university students were
required to participate in a paid summer work program for 1 month or
they would be ineligible to continue their studies. This requirement
first was imposed on university students in 1999 but suspended in 2000
because of the war. The students objected to the work program, in part
because many students needed to work during the summer to earn the
money required for their academic and living costs, which are
approximately $200-$300 (2,700-4,100 Nakfa) per year. The students
objected that the Government's payment of approximately $78 (1,050
Nafka), out of which the students would have to pay their food,
lodging, travel, and other expenses, was insufficient. Unlike in the
previous year, there was no summer work program for university students
during the year (see Section 1.c.).
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. The law prohibits apprentices under
18 years of age from performing certain dangerous or unhealthy labor,
such as working in mines or sewers. Labor inspectors in the Ministry of
Labor and Human Welfare are responsible for the enforcement of laws
pertaining to the employment of children; however, due to the small
number of inspectors, inspections were infrequent. According to the
Ministry of Education, only 38 percent of children attended school due,
in part, to a shortage of schools and teachers. It was common for rural
children who did not attend classes to work on family farms, fetching
firewood and water, and herding livestock among other activities. In
urban areas, some children worked as street vendors of cigarettes,
newspapers, or chewing gum. Children also worked as child-minders,
traders, and in small-scale manufacturing. Unlike in the previous year,
there were no reports that the Government inadvertently employed
children under the age of 18 as soldiers.
The Government has not ratified ILO Convention 182 on the Worst
Forms of Child Labor.
e. Acceptable Conditions of Work.--There were two systems that
regulate employment conditions--the civil service system and the labor
law system. There was no legally mandated minimum wage in the private
sector. In the civil service sector, wages varied from $24 to $288 (325
to 3,900 Nakfa) per month. Factory workers in government-owned
enterprises earned the highest wages. The minimum wage in the civil
service sector did not provide the average worker and family with a
decent standard of living.
The standard workweek was 44 \1/2\ hours, but many persons worked
fewer hours. Under the Labor Law, workers are entitled to 1 day of rest
per week, and most workers were allowed 1 to 1 \1/2\ days off per week.
The Government has instituted occupational health and safety standards,
but inspection and enforcement varied widely among factories. Workers
were permitted to remove themselves from dangerous work sites without
retaliation.
Legal foreign and citizen workers are treated equally under the
law.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were unconfirmed reports of trafficking for
forced or bonded labor.
__________
ETHIOPIA
Ethiopia continued its transition from a unitary to a federal
system of government, under the leadership of Prime Minister Meles
Zenawi. In 2000 the Ethiopian Peoples' Revolutionary Democratic Front
(EPRDF) won general elections to the federal and regional parliaments.
Most opposition political parties competed in the election; however,
due to lack of funds and often weak political organization, opposition
parties contested only 20 percent of the seats to the federal
parliament, where EPRDF and affiliated parties held 518 of 548 seats.
EPRDF and affiliated parties also held all regional parliaments by
large majorities, although opposition parties had held approximately 25
percent of seats in the Addis Ababa Regional Council until the Prime
Minister dissolved the entire council in October. The ruling party
continued to control all 13 executive committee seats in the regional
council. The regional council remained dissolved at year's end; no
dates had been set for new elections. Opposition parties held exactly
10 percent of the seats in the Southern Region at year's end. According
to international and local observers, the 2000 national elections
generally were free and fair in most areas; however, serious election
irregularities occurred in the Southern Region, particularly in Hadiya
zone. Federal regions, largely organized along ethnic lines,
increasingly were autonomous and had a large degree of local control
over fiscal and most political issues. However, the relationship
between the central government and local officials and among various
judiciaries lacked consistent coordination, and occasionally actions
were taken at the local level that conflicted with stated federal
policy. Highly centralized authority, poverty, civil conflict, and
unfamiliarity with democratic concepts combined to complicate the
implementation of federalism. The Government's ability to protect
constitutional rights at the local level was limited and uneven.
Political parties predominantly were ethnically based. Local
administrative, police, and judicial systems remained weak throughout
the country. The judiciary was weak and overburdened but continued to
show signs of independence; progress was made in reducing the backlog
of cases.
The security forces consisted of the military and the police, both
of which were responsible for internal security. The Federal Police
Commission and the Federal Prisons Administration were subordinate to
the Ministry of Federal Affairs. The military consisted of both air and
ground forces and reported to the Ministry of National Defense.
Following the end of fighting between Ethiopia and Eritrea in 2000,
some Ethiopian troops were demobilized, and others were redeployed from
the border area in Tigray to other regions throughout the country,
which increased the internal military presence in some parts of the
Somali, Oromiya, and the Southern Regions. Military forces conducted an
increased number of low-level operations against the Oromo Liberation
Front (OLF), the Somalia-based Al'Ittihad Al'Islami terrorist
organization (AIAI), and elements of the Ogaden National Liberation
Front (ONLF) both in the country and in southern Somalia and northern
Kenya. Some members of the security forces committed human rights
abuses.
The economy was based on smallholder agriculture, with more than 85
percent of the estimated population of 63 million living in rural areas
under very basic conditions and engaged in subsistence farming.
Agriculture accounted for approximately 45 percent of gross domestic
product (GDP). Industry accounted for approximately 12 percent of
economic activity; in urban centers, the majority of economic activity
was in the informal sector. Severe drought, massive crop failures, and
extensive livestock losses adversely affected 10 to 14 million persons
during the year, and caused GDP growth to slow to 5 percent. Trade
barriers favored party-owned businesses. Inflation decreased to -3
percent during the year. Military spending decreased during the year.
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;
however, significant impediments to investment remained, and there were
approximately 200 government-owned enterprises that had not been
privatized by year's end.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained.
Security forces committed a number of unlawful killings and at times
beat and mistreated detainees. Prison conditions remained poor. The
Government continued to arrest and detain persons arbitrarily,
particularly those suspected of sympathizing with or being members of
the OLF. The Government ceased the detention and deportation without
due process of Eritreans and Ethiopians of Eritrean origin. The
Government released and repatriated under the auspices of the
International Committee of the Red Cross (ICRC) 1,188 Eritrean
prisoners of war (POWs) and 774 civilians during the year. Thousands of
suspects remained in detention without charge, and lengthy pretrial
detention continued to be a problem. The judiciary remained weak and
overburdened. The Government infringed on citizen's privacy rights, and
the law regarding search warrants was ignored widely. The Government
restricted freedom of the press and continued to detain or imprison
members of the press. Journalists continued to practice self-
censorship. The Government at times restricted freedom of assembly;
security forces used excessive force to disperse demonstrations. The
Government limited freedom of association, but the nongovernmental
organization (NGO) registration process continued to improve. On
occasion local authorities infringed on freedom of religion. The
Government restricted freedom of movement. Numerous internally
displaced persons (IDPs) from internal ethnic conflicts remained in the
country. During the year, neither the Human Rights Commission (HRC) nor
the Office of the Ombudsman was operational. Violence and societal
discrimination against women and abuse of children remained problems.
Female genital mutilation (FGM) was widespread. The Government
supported efforts to eliminate FGM and other harmful traditional
practices. The exploitation of children for economic and sexual
purposes remained a problem. Societal discrimination against persons
with disabilities and discrimination against religious and ethnic
minorities continued. Forced labor, including forced child labor, and
child labor, particularly in the informal sector, continued to be a
problem. There were reports of trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The security forces
committed many unlawful killings, including some alleged political
killings during the year. The number of unlawful killings during the
year was estimated to be between 1,000 and 1,500. There continued to be
numerous unconfirmed reports of unlawful killings by government
security forces from Oromiya and the Somali regions.
For example, on July 18, soldiers shot and killed a 13-year-old boy
who was returning home from a wedding party with four friends. The
Government did not investigate the killing by year's end.
On July 21, soldiers shot and killed a 25-year-old driver who was
walking back to his residence. The Government did not investigate the
killing by year's end.
On November 10, the military opened fire on a crowd that began
throwing stones at them, killing one person and injuring eight others,
at a security checkpoint near Hartishek, outside the town of Jijiga in
Somali region.
In December government security forces killed two persons in Kuraz
Woreda in the town of Amorate, South Omo region.
During the year, the Government took no disciplinary action against
members of the security forces responsible for the following 2001
killings: The January killing of 5 persons during riots between
Christians and Muslims in Harar; the April killing of at least 31 Addis
Ababa University (AAU) students during a violent demonstration; and the
April killing of an Oromo Mekelle University student who had protested
the violence at the AAU demonstrations.
During the year, the Government took no disciplinary action against
members of the security forces responsible for the following 2000
killings: The February torturing and killing of two farmers in Soro;
the March killing of a student who was attempting to assist another
person who was being arrested; the March killing of Getu Driba in Ambo;
the April killing of a student during a student demonstration in Dembi
Dollo; the May killing of seven SEDPC supporters; and the December
killing of a student during a demonstration in Awassa.
During the year, the Government completed its investigation of the
2000 case in which security forces killed two women in Hadiya zone
while they were voting; however, the Government did not report on its
findings or take any disciplinary action.
There was no action taken, nor any likely, against the persons
responsible for the following 2000 and 2001 preelection and
postelection killings: The January 2001 case in which rapid deployment
forces of the federal and regional police killed 2 supporters during a
meeting organized by the Council of Alternative Forces for Peace and
Democracy in Ethiopia (CAFPDE); the April 2001 case in which the army
killed 4 Southern Ethiopian People's Democratic Coalition (SEPDC)
members in Badoacho, Shone Woreda; the case in which government forces
killed at least 11 supporters of the SEPDC in the period leading up to
the December 2001 elections; the 2000 case in which an EPRDF member
killed 3 persons, including an opposition party election observer; the
2000 killing of 5 election observers, 1 opposition candidate, and 3
other persons when their cars either were struck by rockets or
landmines; and the 2000 beating to death of a man detained allegedly in
retaliation for election activities.
Security forces killed numerous persons while forcibly dispersing
demonstrations during the year (see Sections 1.d. and 2.b.).
There were some deaths in custody during the year due to illness
and disease (see Section 1.c.).
No action was taken, nor was any likely, in the July 2001 death in
custody of an opposition party member who had been detained following
the AAU student demonstration.
Government soldiers continued to operate in Somalia during the year
(see Section 1.b.). No further information about the 2000 case of
government soldiers killing two persons in Somaliland was available at
year's end.
During the year, one person was killed by a landmine left over from
the war with Eritrea. The U.N. reported that 64 persons died and 163
were injured by landmines in the Temporary Security Zone between
January 2001 and November. In March a civilian demining unit began to
survey and remove landmines from border areas.
On October 17, 4 children were killed in Higlo, in Gode Zone, after
playing with unexploded ordnance left over from the 1977 war with
Somalia.
On November 20, a child was killed and another seriously injured
while playing with unexploded ordnance in a field near the town of Dire
Dawa.
The OLF and ONLF continued to use landmines during the year. Some
U.N. vehicles were hit by mines near Jigiga, resulting in injuries to
personnel. On August 5, a bomb exploded at the Edom Hotel in the town
of Jijiga, killing one person and injuring six others. No group claimed
responsibility for the attack, although authorities believed the ONLF
was responsible.
On September 11, a bomb killed four persons at the Tigray Hotel in
Addis Ababa. The Government blamed the OLF for the attack and claimed
to have arrested the perpetrators. The OLF denied responsibility for
the attack.
There was no further information by year's end in the 2000 case in
which landmines allegedly were used to derail a freight train near
Nazareth or the 2001 arrests of five OLF members who allegedly
committed the act.
Clashes between the Government and armed groups resulted in
civilian deaths during the year. For example, on October 30, elements
of the Ethiopian Patriotic Front, an armed Amhara dissident group,
clashed with government troops; on November 5, they ambushed an army
convoy killing 8 soldiers. Members of the army reportedly rounded up
farmers in the area in retaliation for the killings, accused them of
assisting the rebels, and summarily executed two residents. On October
31, the military killed 25 persons and injured 37 in fighting with
elements of the ONLF, near the town of Luga on the Somalia border.
Ethnic clashes resulted in numerous deaths during the year (see
Sections 2.d. and 5).
On February 19, bandits shot and killed a South African tourist at
a roadblock outside Gondor.
According to the Ethiopian Human Rights Council (EHRCO), on July
22, armed men wearing masks forcibly removed four persons from their
car, shot and killed three of them, including the head of the Southern
Region's education bureau, and seriously injured the fourth between
Awassa and Liku town. The identities of the armed men remained unknown;
however, suspects in the killings were held incommunicado in a military
camp in Awassa at year's end (see Section 2.b.).
On April 4, the Federal High Court convicted 10 Somalis, members of
AIAI, for their role in 1995 and 1996 bombings.
The Federal High Court in Addis Ababa continued to arraign and
prosecute 5,198 persons formally charged with genocide and other war
crimes, including extrajudicial killings, under the previous Marxist
Dergue regime (see Section 1.e.).
b. Disappearance.--There were some reported cases of disappearances
perpetrated by the Government during the year; however, none appeared
to be politically motivated. In nearly all cases, security forces
abducted persons without warrants and detained them in undisclosed
locations for varying lengths of time ranging from weeks to months. For
example, in response to the September 11 bombing at the Tigray Hotel in
Addis Ababa (see Section 1.a.), on September 12, regional police
officers took Mesfin Itana, an Oromo youth, from his place of work in
the Merkato area because of suspected ties to the OLF. On September 13,
police took several young Oromo businessmen from their places of work,
and their whereabouts remained unknown at year's end. On September 18,
the police took two brothers, Yilma Mosisa and Gdissa Mosisa, from
their home, and their whereabouts also remained unknown at year's end.
On December 4, plainclothes policemen abducted well-known singer
Raya Abamecha from his neighborhood in Addis Ababa. His whereabouts
remained unknown at year's end.
During incursions into Somalia, government forces occasionally
abducted persons. In one incident, government forces conducted an
operation in southwest Somalia and captured a Somali colonel, who later
was released.
There were reports in July that Anuak warriors abducted 32 Nuer
IDPs from a bus taking them to Fugnido; the Government made little
progress in its investigation of the disappearances, and the
whereabouts of the 32 IDPs were unknown at year's end (see Section
2.d.).
The federal High Court in Addis Ababa continued to arraign and
prosecute 5,198 persons charged with genocide and other war crimes
under the previous regime, including the disappearance of 14,209
persons (see Section 1.e.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits the use of torture and
mistreatment; however, there were several credible reports during the
year that security officials often beat or mistreated detainees. There
were reports that federal and local security forces harassed SEPDC
supporters. Police also beat persons when intervening in clashes (see
Section 2.c.).
In March there were reports from international refugee agencies
that security forces detained and tortured three Sudanese refugees from
the Fugnido camp in the Gambella Region (see Section 2.d.). There also
were reports that the Government's refugee agency beat or otherwise
physically abused Sudanese refugees in the Sherkole refugee camp during
the year. By year's end, the Government refugee agency had failed to
investigate credibly the allegations; however, the agency transferred
to Addis Ababa one of its members accused of abusing refugees and
placed him on ``indefinite leave.'' The agency also agreed to a follow-
up investigation comprised of agency representatives and the U.N. High
Commissioner for Refugees (UNHCR) and NGO staff.
On August 4, local police in Addis Ababa forcibly drove away with
batons approximately 800 runners participating in a 10 km road race
organized by the Ethiopian Athletics Federation (EAF) because the Addis
Ababa Athletics Federation complained that the EAF lacked a municipal
permit in a jurisdictional dispute. Dozens were injured as a result of
the police intervention.
On December 30, police dragged Oromo student activist Gelan Nedhi
Chewaka from his dormitory at the University of Mekelle and beat him
until he lost consciousness. Gelan was left for dead on the university
campus where fellow students discovered him the following morning. His
condition reportedly was grave at year's end.
No action was taken during the year against members of the security
forces responsible for torturing, beating, or abusing persons in the
following 2001 cases: The January injuring of approximately 20 persons
when government soldiers attempted to restore order after a riot broke
out between Muslims and Christians in Harar; the April beating and
injuring of at least 253 persons during the demonstrations at AAU; the
April reported beating of women and young children after the forcibly
entry into their homes by officers during the AAU demonstrations; the
April beating of students and opposition party members detained after
the AAU demonstrations; and the April beating of a group of mothers who
were attempting to visit their children detained at Sendafa.
No action was taken against members of the security forces
responsible for torturing, beating, or abusing the persons in the
following 2000 cases: The March injuring of students during a
demonstration; the beating of a man who was detained allegedly in
retaliation for election activities; and the December beating to death
of a man in detention.
No action was taken against the security forces responsible for
beating or abusing persons in the following 2001 preelection and
postelection cases: The April beating of Ayele Amore, an SEPDC
supporter, in Badoacho; the April injuring of four SEPDC members during
clashes between the army and the SEPDC in Badoacho in the Shone Woreda;
and the May beating of Selfamo Kintamo, an elderly supporter of the
SEPDC and the uncle of a SEPDC parliamentarian, in Soro.
Unlike in the previous year, there were no reports that security
forces raped or sexually abused persons during arrests, detentions, or
other government operations.
No action was taken against the security forces responsible for the
June 2001 rape of two girls who took food to family members detained in
Hosana or the July 2001 rape of a woman from Soro who was in temporary
detention for her husband's involvement with the SEPDC.
Security forces injured numerous persons during the year while
forcibly dispersing several demonstrations (see Section 2.b.).
There were more reports of injuries, and at least one reported
death, caused by landmines (see Section 1.a.).
During the year, ethnic clashes resulted in numerous injuries (see
Section 5).
Prison conditions were poor, and overcrowding remained a serious
problem. Prisoners often were allocated fewer than 21 \1/2\ square feet
of sleeping space in a room that could contain up to 200 persons. The
daily meal budget was approximately 25 cents per prisoner per day.
Prison food was inadequate, and many prisoners had family members
deliver food every day or used their own funds to purchase food from
local vendors. Prison conditions were unsanitary, and access to medical
care was not reliable. There was no budget for prison facility
maintenance. Prisoners typically were permitted daily access to prison
yards, which often included working farms, mechanical shops, and
rudimentary libraries. Prison letters must be written in Amharic, which
made outside contact difficult for non-Amharic speakers; however, this
restriction generally was not enforced.
Visitors generally were permitted; however, in September 50
detainees claimed that they were denied visits from relatives and
friends. The SNNPS ordered the Federal Police Commission to correct its
treatment of detainees involved in the May internecine clashes in
Awassa after the Court considered claims from the 50 detainees of
routine late night beatings by prison police. The detainees also
complained of deliberate delays into the investigation of their cases
and the suspension of their salaries.
There were some deaths in prison during the year due to illness and
disease; however, no statistics on the number of deaths in prison were
available at year's end.
Female prisoners were housed separately from men; however,
juveniles sometimes were incarcerated with adults (see Section 5).
Pretrial detainees often were detained separately from convicted
prisoners at local police stations or in the limited Central
Investigation Division (CID) detention facility in Addis Ababa until
they were charged. By year's end, there still were 75 detainees at CID.
The law requires that prisoners be transferred to federal prisons upon
conviction; however, this requirement sometimes was not enforced in
practice.
Approximately 2,000 Eritrean soldiers were captured as a result of
fighting in 2000. Under ICRC auspices, the Government released and
repatriated the last groups of POWs and civilian internees from the
Ethiopian-Eritrean conflict. A total of 1,188 Eritrean POWs and 774
civilians were repatriated during the year. All registered prisoners
from the conflict were released by year's end.
The Government permitted independent monitoring of prisons and
police stations by the ICRC and by diplomatic missions. The ICRC
generally had access to federal and regional prisons, civilian
detention facilities, and police stations throughout the country during
the year. The ICRC was allowed to meet regularly with prisoners without
third parties being present. In addition to visiting the CID detention
facility which held numerous persons whose cases were under
investigation at year's end, the ICRC was permitted to visit regularly
all of the 29 police stations in Addis Ababa during the year. During
the year, the ICRC received government permission to visit military
detention facilities where suspected OLF fighters were detained. The
Government generally gave the ICRC access to detention facilities that
held Eritrean POWs, including the main camp at Dedesa. The ICRC also
regularly visited civilian Eritrean nationals and Ethiopians of
Eritrean origin detained on national security grounds. The ICRC also
was permitted access to Zeway Prison, Showa Robit Prison, and other
detention facilities; however, diplomats were not permitted access to
these facilities.
Government authorities continued to permit diplomats to visit
prominent detainees held by the SPO for alleged involvement in war
crimes and terrorist activities, including former AAU President
Alemayehu Tefera. In May Ethiopian Teachers Association (ETA) President
Taye Woldesemayat was released (see Section 1.d.). Mamo Wolde, former
Dergue housing official and governor of Sidamo, who also was a 1968
Olympic marathon winner, was released in December 2001 after serving a
6-year sentence for murder but died a few months after his release (see
Section 1.d.).
d. Arbitrary Arrest, Detention, or Exile.--The Constitution and
both criminal and civil codes prohibit arbitrary arrest and detention;
however, the Government did not respect these rights in practice. Under
the criminal procedure code, any person detained must be informed of
the charges within 48 hours and, in most cases, be offered release on
bail. Suspects of serious offenses could be detained for 14 days while
police conducted an investigation, if a panel of judges ordered it, and
for additional 14-day periods while the investigation continued. In
practice and especially in the outlying regions, authorities regularly
detained persons without a warrant, did not charge them within 48
hours, and, if persons were released on bail, never recalled them to
court. The Government provided public defenders for detainees who were
unable to afford private legal counsel, but only when their cases came
before the court. While in detention, such detainees were not able to
confer with legal counsel.
The Constitution provides that arrested persons have the right to
be released on bail; however, bail was not available for some offenses,
such as murder, treason, and corruption. In most cases, bail was set
between $120 (1,000 birr) and $1,200 (10,000 birr).
There were reports that in small towns, persons were detained in
police stations for long periods without access to a judge and that
sometimes these persons' whereabouts were unknown for several months.
The Government continued its harassment of teachers during the
year, particularly in Oromiya. According to the ETA, approximately 142
teachers were detained and accused of being OLF sympathizers, many of
whom still were in prison at year's end. For example, in Wollega Zone,
28 teachers were arrested and held for varying lengths of time before
being released on bail. In the town of Ambo, West Shewa Zone, 4
teachers were imprisoned, and in Sendafa, North Shewa Zone, 7 teachers
were arrested and later released in cases related to the April student
unrest in Oromiya schools (see Section 2.b.). The ETA also claimed that
government authorities detained, threatened, and later released dozens
of teachers from West Shewa Zone, Harari Region, Hadia, Dersahe Special
Woreda, and Konso for their involvement in a February ETA conference in
Awassa.
Thousands of criminal suspects remained in detention without
charge; many of the detainees were accused of involvement in OLF
violent activities or were arrested after the April 2001 student
demonstrations. Some detainees were held for years without being
charged. Such cases were remanded at least 10 to 15 times, for 2 weeks
each time, and courts allowed police to conduct investigations that
continued for months. In addition, judges were shifted among cases,
judges failed to show up for hearings, or new judges were not
reassigned upon the death or incapacity of assigned judges in time for
hearing dates. Detention conditions remained poor.
Police detained journalists during the year (see Section 2.a.).
Police detained persons for holding illegal meetings and
demonstrations during the year, and several persons detained in
previous years for illegal meetings and demonstrations remained in
detention at year's end (see Section 2.b.).
In March security forces detained and tortured three Sudanese
refugees (see Section 1.c.).
In response to attacks by armed opposition groups operating out of
Somalia and Kenya (see Section 1.a.), the military again conducted
operations in and around border areas during the year. The Government
denied the presence of its military in those countries. These
operations resulted in the capture and detention of hundreds of
opposition fighters and their suspected supporters on both sides of
these borders. The vast majority of these incidents took place in the
Oromiya and Somali regional states. Several thousand persons allegedly
associated with armed opposition groups remained in detention at year's
end. 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. For example, on April 9, security forces
arrested at least 60 members of the OLF for conspiring to commit
terrorist acts in Oromia. Following the June bombing of the Dire Dawe
train station, police detained many young Oromo males without warrants
for questioning. Among those detained was Dinkinesh Deressa Kitila, an
employee of Total/Elf oil company, who was arrested on June 7, and held
at Karchale central prison on suspicion of being an OLF supporter.
After the September bombing of the Tigray Hotel in Addis Ababa, the
Government blamed the OLF and detained dozens of suspected OLF
sympathizers without warrants (see Section 1.a.). The Government
released some 600 OLF fighters during the year.
Parliamentary immunity protected members of the House from arrest
or prosecution except in the act of committing a crime (``flagrante
delicto''). The two representatives of the SEPDC in the Regional
Council, who were arrested in 2001 on charges of inciting violence
without having their parliamentary immunity formally revoked, were
released on bail during the year. A third parliamentarian who was
charged separately in connection with the killing of a police officer
and whose immunity was revoked, remained in hiding at year's end.
In April the court remanded until February 2003 the May 2001 case
of Berhanu Nega and Mesfin Woldemariam, two prominent academics and
human rights activists, and charged them with inciting the AAU students
to riot.
Moga Frissa, arrested in October 2001 on charges of subversion and
alignment with a terrorist organization, remained free on bail with
charges still pending at year's end. Aberra Aguma also remained free on
bail.
On May 14, President Dr. Taye Woldesemayat was released from prison
after 6 years in detention after the Supreme Court, under international
pressure, overturned the lower court's 1999 conviction for treason. The
charges for membership in an illegal organization were not overturned,
and Taye was sentenced to 5 years imprisonment. Charges against four
other co-defendants were dropped.
In the months immediately before the 2001 regional elections,
authorities harassed and detained supporters of parties belonging to
the SEPDC opposition coalition. Numerous SEPDC supporters who
authorities in the Southern Region detained in retaliation for voting
for the opposition in the 2000 national elections were released, and
nine SEPDC candidates for office remained in detention at year's end.
The 104 persons still in detention at the end of 2001 were split
between Hosana and Durame prisons. Since May when 15 detainees were
released on bail, another 16 detainees in Hosana were ordered released
upon payment of $1,200 each (10,000 birr); however, all 16 remained in
Hosana prison unable to post bail. In cases related to the elections,
38 SEPDC supporters were serving between 1-and 4-year sentences in
Durame prison; another 16 SEPDC members arrested in part for illegal
assembly in Durame remained in detention in Durame prison. The nine
other SEPDC members who were detained for 3 years in connection with a
murder in Siraro prison, Eastern Oromiya Zone, were released in
December from Addis Ababa Central Prison because no evidence was found
linking them to the crime (see Section 3).
During the year, approximately 50 elders, teachers, and civil
servants charged with subversion following the 1999 student
demonstrations were released.
The following detainees remained in custody at year's end: Alazar
Dessie, an American citizen working as a consultant to the Commercial
Bank of Ethiopia, who was arrested for abusing his power and has been
awaiting trial for more than 1 \1/2\ years while not ever having been
charged formally; 24 businessmen and government officials, including
Seye Abraha and Bitew Belay, who were arrested in 2001 under
allegations of corruption but never were charged formally; the official
driver of the Eritrean Embassy, who was arrested in August 2001 and
whose whereabouts remained unknown; 600 criminal detainees in the
Oromiya region who were not charged, pending ongoing investigations;
and 37 Oromos arrested in 1997 for their alleged involvement in OLF
terrorist acts.
Several detainees at the Gondar Prison complained to government
officials that they were detained without charge, some for years, while
the police investigated their cases. Muche Berihun, who was charged
with murder although the person whom he allegedly murdered was killed
after he was detained, had been held in solitary confinement for 3 \1/
2\ years. In June his hearing began, and the court adjourned it until
February 2003. He remained in detention at year's end. Wondante Mesfin
has been in detention in Nefas Mewcha Prison in South Gondar Zone since
1994 and never has appeared in court nor been charged formally.
In 1997 the SPO formally charged 128 defendants with politically
motivated genocide dating back to the 1976 ``Red Terror'' (see Section
1.e.). During the year, the Government acquitted 69 defendants and
released 392 prisoners for lack of evidence. In December 2001, former
Olympian Mamo Wolde, an official under the Derg regime, was released
after serving a 6-year sentence for the state-sponsored killing of
several teenage boys (see Section 1.c.). The trial of former AAU
president Alemeyehu Tefera, imprisoned since 1993, was pending at
year's end. At year's end, witnesses still were being heard and
evidence taken in the ongoing trials. Opposition groups alleged that
some of the persons detained by the SPO were held for political
reasons, and the Government denied that it held persons for political
reasons.
The last group of approximately 200 civilian detainees of Eritrean
origin who had been held at Dedesa internment camp were repatriated to
Eritrea in November under ICRC auspices, and the Dedesa camp was
closed. During the year, the Government transferred 219 Eritrean
military deserters who also had been held at the Dedesa detention
center to a refugee camp in northern Ethiopia (see Section 2.d.).
The ICRC participated in all repatriations to Eritrea, and under
ICRC auspices, 1,188 POWs and 774 civilians were repatriated to Eritrea
during the year (see Section 2.d.).
Exile was prohibited, and the Constitution provides that citizens
shall not be deprived of their nationality against their wills. There
were no reports of forced exile during the year. A number of persons
remained abroad in self-imposed exile, including 43 journalists (see
Section 2.a.). The Government stopped deporting forcibly Eritreans and
Ethiopians of Eritrean origin after it signed the cessation of
hostilities agreement with Eritrea in June 2000.
Approximately 317 Ethiopian students who arrived in Kenya in 2001
following the April riots at Addis Ababa University were granted
refugee status and remained at the Kakuma refugee camp in northwest
Kenya at year's end. There was no new information during the year about
students who reportedly fled to Djibouti after the April riots at AAU.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary remained 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 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 (woreda), zonal, and regional
levels. The federal High Court and federal Supreme Court heard and
adjudicated original and appeal cases involving federal law,
transregional issues, and national security. The regional judiciary
increasingly was autonomous, with district, zonal, high, and supreme
courts mirroring the structure of the federal judiciary. There were two
three-judge benches at the High Court level to handle criminal cases.
The SPO delegated some of the war crimes trials to the supreme courts
in the regions where the crimes allegedly were committed, which
increased the efficiency of the process.
Regional offices of the federal Ministry of Justice monitored local
judicial developments, and the regional courts had jurisdiction over
both local and federal matters, but the federal judicial presence in
the regions was limited nevertheless. Anecdotal evidence suggested that
some local officials believed they were not accountable to a higher
authority.
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 acknowledged that the pay
scale offered did not attract the required numbers of competent
professionals. Senior government officials charged with judicial
oversight estimated that the creation of a truly independent and
skilled judicial apparatus would take decades. The Government welcomed
foreign financial and technical assistance to accelerate this process.
Pending the passage by regional legislatures of laws particular to
their region, all judges will be guided 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, closed proceedings occurred, and at
times, detainees were allowed little or no contact with their legal
counsel (see Section 1.d.). Defendants did not enjoy a presumption of
innocence in practice, although the Constitution provides for it in
theory. The public defender's office provides legal counsel to indigent
defendants, although its scope remained severely limited, especially
with respect to trials of the SPO. The law does not allow the defense
access to prosecutorial evidence before the trial.
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 all
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, other traditional courts still
functioned. Although not sanctioned by law, these courts resolved
disputes for the majority of citizens who lived in rural areas and who
generally had little access to formal judicial systems.
The outbreak of hostilities with 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. This training need remained unmet by
year's end.
The SPO was established in 1992 to create an historical record of
the abuses committed during the Mengistu government and to bring to
justice those criminally responsible for human rights violations. The
SPO had the authority to arrest and interrogate anyone suspected of
involvement in the Red Terror Campaign under Mengistu. The federal High
Court considered the cases of 2,658 defendants accused of genocide, war
crimes, and aggravated homicide. Trials began in 1994 and continued
during the year; however, the process was subject to frequent and
lengthy adjournments. Court appointed attorneys, sometimes with
inadequate skills and experience, represented many of the defendants,
following claims that they could not afford an adequate defense. The
SPO reported that as of April 30, of the 6,426 defendants who were
awaiting trial, 2,952 were tried in absentia, including former dictator
Colonel Mengistu Haile Mariam, who remained in exile in Zimbabwe. A
total of 1,569 cases had decisions handed down; of these 1,017 persons
were convicted. During the year, the Government acquitted 69 defendants
and released 392 prisoners for lack of evidence. In October the Federal
High Court announced that all the cases of defendants indicted on
charges of genocide and crime against humanity would be completed by
September 2003. Cases were handled more quickly than in previous years;
however, most cases still were in progress at year's end (see Section
1.d.). In 2001 the SPO opened a new case against persons accused of
participating in the 1987 Hawzein Massacre; the majority of those named
in the file have been charged already with other offenses. There was no
further information on the status of this case by year's end.
f. Arbitrary Interference with Privacy, Family, Home or
Correspondence.--The law requires judicial search warrants to search
private property; however, in practice warrants seldom were obtained
outside of Addis Ababa.
There continued to be reports that police forcibly entered the
homes of civilians. There also were reports that security forces took
persons from their homes in the middle of the night without warrants.
Property and money belonging to the ETA that was seized following
the arrest of Dr. Taye had not yet been returned to the ETA (see
Section 1.d.). The next hearing regarding ETA property seized by the
Government was set for March 2003.
At year's end, police had not returned confiscated documents taken
during a May 2001 raid on EHRCO's offices in violation of a revised
court order.
The Government arbitrarily monitored private communication such as
Internet communications and cellular phone conversations. All
electronic communications facilities were state-owned.
There were credible reports during the year of the forced
displacement of families in rural areas. One displaced farmer said that
in April, in the Abe Dongero Woreda in East Wellega Zone of Oromiya,
the woreda administrator allegedly ordered the forced eviction of
approximately 250 Amhara persons from their land to make the land
available to a business investor. An Oromia Regional government
official acknowledged that a problem existed in the woreda and that the
Government was studying the issue.
In July there were credible reports from the EHRCO that the
Government, in an attempt to ``clean up'' Addis Ababa, forcibly
resettled approximately 200 homeless persons to an area nearly 30 miles
outside of the city. In September city bulldozers demolished
approximately 10,000 shacks.
There were more credible reports during the year from EHRCO and
opposition parties that in certain rural areas, local officials used
threats of land redistribution and withholding of food aid and
fertilizer to garner 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. According to the SEPDC, some SEPDC supporters
were suspended or dismissed from their jobs in retaliation for voting
for the opposition in the 2000 elections (see Section 3).
People from rural areas suffering from famine and drought who came
to Addis Ababa sometimes were returned forcibly to their villages. In
December approximately 300 famine victims from Western Hararghe Zone of
Oromia Region were ordered by security forces to return to their
villages. When they refused, security forces rounded them up and
forcefully transported them in buses back to their villages.
The Family Law Code imposes a 6-month waiting period on anyone
seeking to remarry following a divorce or the death of one's spouse
(see Section 5). The Government maintained that this waiting period was
necessary to determine whether a woman may still be carrying the child
of her former spouse.
Security forces detained family members of persons sought for
questioning by the Government.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and press; however, the Government used legal and
other mechanisms to restrict these rights in practice. For example, the
Government continued to prosecute journalists and editors for
publishing articles that violated the law. Some journalists practiced
self-censorship, calling their business a ``guessing game.'' However,
the private press remained active and often published articles that
were extremely critical of the Government.
According to the Constitution, citizens generally were free to
discuss publicly any topic they choose; however, on occasion the
Government restricted this right in practice. During the year, several
groups critical of the Government held press conferences and public
meetings without retribution, and several opposition parties held press
conferences that were covered by both the private and the Government
press. The Government continued to oppose activities and operations of
groups that were critical of it, such as the ETA (see Section 2.b.).
There were a total of 81 newspapers, 22 magazines, and 2 news
agencies. Out of the total number of newspapers, there were
approximately 34 private Amharic-language weekly newspapers, 7 English-
language weeklies, and 1 English-language daily. Circulation figures
ranged from 2,000 to 20,000 copies each. In addition to the private
press, there were 3 ruling party coalition papers, in Amharic, Oromifa,
and Tigrigna, which had a total circulation figure of approximately
70,000. There were 2 government dailies, the English-language Ethiopian
Herald (circulation 40,000) and the Amharic Addis Zemen (circulation
50,000), and a government Arabic-language weekly, Al-Alam (circulation
10,000).
The official media, including broadcast, wire service, and print
media received government subsidies; however, they legally were
autonomous and responsible for their own management and partial revenue
generation. The Government's press and information department acted as
an official spokesperson and managed contacts between the Government,
the press, and the public. The office of the Government spokesperson
and information sections of government ministries routinely refused to
respond to queries from the private press and limited their cooperation
with the press to the Government-run Ethiopian News Agency, the ruling
party-run Walta news agency, and correspondents of international news
organizations. Government reporters practiced self-censorship.
Generally the Government permitted private newspapers and news
organizations to attend government briefings and press conferences, and
some government officials provided information and granted interviews
to private journalists. However, there were instances when members of
the independent press were barred from attending press conferences
given by government agencies, such as one given by the Ethiopian
Tourism Commission in July where only the ruling-party Walta
Information Agency and the Government-owned Ethiopian News Agency were
allowed to cover the event. The Prime Minister's office continued to
deny all access to the independent press for coverage of official
events at the Prime Minister's office.
The Ministry of Information and Culture required that newspapers
show a bank balance of $1,200 (10,000 birr) at the time of their annual
registration for a license to publish. This substantial sum of money
effectively precluded some smaller publications from registering.
Although the requirement was not enforced strictly, the Ministry of
Information and Culture noted publicly that many papers were not in
compliance and could be closed down on short notice. Permanent
residency also was required to establish a newspaper. The Government
did not require this of other businesses, and some independent
journalists maintained that the residency requirement was used as a
form of intimidation.
The majority of private papers as well as government papers were
printed at government-owned presses. However, a few private papers
started using smaller private printing presses, one of which was owned
by the publisher of the Daily Monitor. All EPRDF publications were
printed at the party-run Mega Publishing Enterprise. Police had the
authority to shut down those printing presses without a court order.
Amare Aregawi, editor of The Reporter, an independent newspaper,
asserted that his paper's dependency on a government-owned printing
press was used against him when he wanted to publish an article
concerning the U.N. Boundary Commission's decision earlier in the year.
He alleged that the Government printing press technicians were
``conveniently absent'' on every occasion that he sought to have the
article published.
Despite the constant threat of legal action, the private press
remained active and continued to publish articles critical of the
Government and to report on human rights abuses. Many private
newspapers continued to publish inaccurate information, unsubstantiated
stories, and harsh antigovernment articles without any official
penalty.
While much of the private press continued to lack professionalism
in its reporting, some print media were developing into more
responsible publications. Others were opposition newsletters that often
purveyed unsubstantiated criticism of the Government. Several were tied
to distinct ethnic groups, especially the Amharas and Oromos, and
severely criticized the Government for being ethnocentric.
The Government used statutory provisions concerning publishing
false information, inciting ethnic hatred, libel, and publishing
articles offensive to public morality to justify the arrest and
detention of journalists.
Police beat journalists during the year (see Section 2.c.).
During the year, six journalists were detained. On April 3, the
First Criminal Bench of the Federal High Court arrested and sentenced
Lubaba Seid, former editor-in-chief of Tarik, to 1 year of
imprisonment, but granted her parole in late December. The court found
Lubaba guilty of violating the Press Law by disseminating ``fabricated
news that could have a negative psychological effect on members of the
Defense Army and disturb the minds of the persons.'' Lubaba was charged
for reports in the August 1996 issue of Tarik newspaper entitled ``An
OPDO cadre who replaced Samora Yenus in Eastern Oromiya has defected,''
and ``The President's personal security guards are said to have
defected.'' Tarik had been shut down for several years, but published
for a few months in 2000 before it was forced to shut down again.
On July 10, the Federal High Court arrested and sentenced Tewodros
Kassa, former editor of Ethop, to 2 years in prison. He was charged
with publishing ``false information that could incite people to
political violence,'' and for libel against a businessman. Tewodros
previously had served a 1-year sentence.
In July Zegeye Haile, editor-in-chief of Genanaw, was arrested
after his guarantor lifted his bail guarantee for previous press
charges. Zegeye was in detention at the Addis Ababa Central Prison
pending a new bail guarantor at year's end, and no other details were
available on his pending cases or the bail amount. Genanaw has been
closed for more than 2 years.
Three journalists were detained and released after paying bail
during the year: Gizaw Taye Wordofa, editor of Lamrot, who was detained
on charges of publishing articles offensive to public morality; Melese
Shine, editor of Ethop newspaper and magazine, who was detained on
March 20 in connection with a defamatory article on Prime Minister
Meles Zenawi and a published interview with a ``rebel'' colonel under
the previous regime; and Tsegaye Ayalew, editor-in-chief of Genanaw,
who was detained in November 2001 on unknown charges, but released on
September 15 after posting approximately $125 bail.
A number of journalists were summoned to the Central Criminal
Investigation Office during the year on various charges and released on
bail: Tsega Mogus, editor-in-chief of Zarenew, who was charged with
incitement to violence; Kidushabte Belachew, editor-in-chief of Mebrek,
who was charged with violating the Press Law and the Penal Code; and
Daniel Gezahegn, editor of Moged, who was accused of slandering Major-
General Bacha Debella, a government official.
Two journalists were fined for press charges. On March 1, the
Federal High Court fined Kifle Mulat, former editor-in-chief of Ethio-
Time and current president of the Ethiopian Free Press Journalists
Association (EFPJA), $1,300 (12,000 birr) on charges of disseminating
false information and violating the Press Law in a 1997 article in
Ethio-Time of in which he compared the current regime to the preceding
Derg regime. Kifle paid the fine the same day and was released.
On July 31, Tesfa Tegegn, publisher of Ethop, was charged with
parodying the name and dignity of government leaders and the head of
government. Two of the charges were dropped but Tesfa was fined $400
(4,000 birr) for his satire of Prime Minister Meles Zenawi, and he was
detained for 5 days at the Addis Ababa Central Prison until he paid the
fine.
Some journalists arrested in 2001 were released on bail during the
year. Tamrat Zuma, editor-in-chief of the defunct Amharic-language
weekly Atkurot, was released after he obtained bail money from
international press institutions and human rights groups through EFPJA.
The case against Temrat still was pending at year's end, and Atkurot
has been closed for more than 3 years. There was no further information
regarding Zemedkur Mogus at year's end.
Robel Mitiku, editor-in-chief of Goh, also was released early in
the year after posting bail of $1,200 (10,000 birr). No information was
available about the charges filed against him, and Goh has been closed
for over two years.
Approximately 30 journalists had trials pending at year's end.
At year's end, about 43 journalists remained in self-imposed exile,
including Dawit Kebede, editor-in-chief of the defunct Fiameta; Israel
Seboka, the editor-in-chief of Seife Nebelbal newspaper; Samson Seyoum
Kebede, the former editor of Goh; Yohannes Abebe, a journalist for Goh;
Berhan Hailu, editor of Wegahta; and three journalists of Urjii,
Tesfaye Deressa, Solomon Nemera, and Garoma Bekele, who left the
country for Canada during the year.
The Government did not ban or shut down any newspaper or
publication during the year. Newspapers critical of government leaders
and their policies were available widely in the capital but scarce
elsewhere, although circulation in the regional capitals increased
during the year.
On July 25, in discussions with a delegation of the Committee to
Protect Journalists (CPJ), Minister of Information Bereket Simon said
that a new draft press law had been prepared ``with the aim to
encourage constructive and responsible journalism.'' A number of
private newspapers reported that the new law would be even more
restrictive, and that the Ministry also was drafting a code of ethics
for journalists. During the year, there were two laws that governed the
press: The 1957 Penal Code and the 1992 Press Law. Independent
journalists accused the Government of selectively applying sections of
the Penal Code to levy charges against journalists and applying
sections of the 1992 press law for penalizing them.
Radio remained the most influential medium for reaching citizens,
especially those who live in rural areas. Although the law allows for
private radio stations, regulations were not implemented, and there
were no truly independent radio stations. Two nongovernmental stations,
Radio Fana, a station controlled by the ruling EPRDF coalition, and the
TPLF radio, which broadcast in the Tigrigna language from Mekele, had
close ties to the Government. Broadcasting time on the state-run Radio
Ethiopia was sold to private groups and to individuals who wanted to
buy spots for programs and commercials. The Government operated the
sole television station, and news was controlled tightly. The state-run
ETV continued to broadcast ``TV Africa,'' which was contracted from a
South African company. There were no restrictions on access to
international news broadcasts. Ownership of private satellite receiving
dishes and the importation of facsimile machines and modems were
permitted; however, access to this technology was limited by its cost.
In January the Ethiopian Broadcasting Agency, created in 1999 to
review applications for private radio and television licenses, started
recruiting staff and organizing the office, but did not start issuing
broadcast licenses. In January the Addis Broadcasting Company acquired
a business license from the Ministry of Trade and Industry, but it was
unable to start any radio or television broadcasting until licensed by
the Ethiopian Broadcasting Agency. Private entities that would like to
be broadcasters continued to claim that the delay in implementing the
broadcast law was deliberate.
The Government prohibited political parties and religious
organizations from owning stations; foreign ownership also was
prohibited.
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. Several foreign news organizations
maintained bureaus or offices in Addis Ababa; the majority of these
were staffed with local journalists, and they usually operated free of
government restriction.
The EFPJA continued to be active during the year organizing
journalism training workshops and issuing statements to press advocates
and human rights organizations inside and outside the country on the
arrests and harassment of journalists. The Ethiopian Journalists
Association (EJA), which included only government and party
journalists, was not active during the year.
The Ethiopian Women's Media Association (EWMA), which included both
government and private journalists, remained active during the year;
the EWMA organized training and workshops and printed a journal.
Internet access was provided through the Government-controlled
telecommunications company, which maintained a waiting list for new
accounts. In August subscription fees were reduced by 43 percent and
rates by 50 percent. The number of subscribers reached 8,000 after a
major technical upgrade was completed and more reliable service was
provided. The Government issued further regulations for licensing
private Internet service providers (ISP's); however, no private ISP's
were operating at year's end. Private satellite transmission uplinks
generally were not allowed. Outside the capital, Internet services were
installed in nine cities that also served the surrounding localities.
The Government did not respect academic freedom during the year.
The Government maintained that professors could research any field
within their discipline but that they could not espouse political
sentiments. In March all students, including those involved in the
April 2001 riots except for 14, were allowed to return to AAU. In July
Prime Minister Meles met with university professors in an effort to
inform them of government policies and to discuss democratization and
educational issues; however, participants claimed that the Prime
Minister did not address many of their concerns. The ETA claimed that
uniformed police officers were visible on campuses and that
plainclothes security officers tried to blend in with the student body.
Teachers were not permitted to deviate from official lesson plans.
Political activity was discouraged on university campuses. After the
April 2001 riots, students were forbidden to form associations on the
basis of their ethnicity. Many student leader activists fled the
country after the riots. While in theory student governments were
permitted, many students refrained from involvement in any on-campus
activity that could be considered political in nature by the
Government. According to a survey conducted by the ETA of 280 public
universities and secondary schools throughout the country, nearly 90
percent of the school directors and vice-directors of those schools
belonged to the ruling party or its affiliates.
Three top AAU administration officials resigned their posts in
December in view of growing government interference in internal
university matters. Government officials wanted AAU to change its
system of student evaluations to conform to a ``gemgema'' (self-
criticism) system favored by the ruling party. Government officials
also reportedly sought to influence the establishment of a pro-
government student union at AAU.
During the year, police killed and injured numerous persons while
forcibly dispersing student demonstrations (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, on several occasions the
Government restricted this right in practice. Organizers of large
public meetings or demonstrations must notify the Government in advance
and obtain a permit. There were no reports that any permits were
denied; however, there were long unexplained delays in issuing permits
and last minute revocations of permits, which hindered the ability of
groups to organize events.
The independent ETA continued to have problems organizing seminars
in certain regions. In January the ETA paid the equivalent of $105 (900
birr) to rent the meeting hall of the Sidama Zone Culture Department
for 3 days. After taking the money, the Culture Department refused to
allow the ETA use of the meeting hall and also refused to return ETA's
money (see Section 6.a.).
Police killed and injured numerous students while forcibly
dispersing demonstrations during the year. For example, on March 25,
security forces killed at least three students and arrested several
hundred others during a protest led by high school students in the West
Shoa and East and West Wellega Zones of the Oromiya Region over the
Government's new education policy and rising food prices. NGOs reported
that police killed eight students. The Government did not investigate
the killings and took no action against the responsible security
forces. Following the March student protests in East and West Wellega
Zones, at least 13 teachers reportedly were arrested and detained in
Ambo, and several other persons were taken from Guder, a small town
close to Ambo, western Shoa, Oromiya region. The Oromia Regional
government reported that the teachers were accused of inciting students
to riot and spreading OLF propaganda.
In April security forces used live ammunition to stop unarmed
student demonstrators in the zonal capitals of Nekempte, Ghimbi, and
Ambo. There were no reports of beatings or killings during the April
protests. Approximately 100 demonstrators were arrested for their
association with the OLF. None of the detained demonstrators were
charged officially; all except for nine subsequently were released
after posting bail. Those nine persons remained in detention in Meta
Robi at year's end.
On May 24, according to official government reports, police killed
15 protesters and injured 25 in Awassa, the capital of the Southern
Region. The opposition SEPDC alleged that security forces killed 51
persons (2 of whom were local police officers trying to convince the
crowd to disperse peacefully) and injured 44 persons. EHRCO reported
that police killed 5 student demonstrators and seriously injured at
least a dozen others with gunfire. The protesters were from the Sidama
ethnic group and were demonstrating their opposition to a plan to make
Awassa a chartered city, which would remove it from the Sidama Zone.
Government officials accused the protesters of demonstrating without a
permit and stated that security forces fired only after the protesters
threatened them. The Government has refused to allow an independent
investigation of the incident, and has appointed the Vice President of
the Southern Region, who himself reportedly was implicated in the
conflict, to head the Government's internal investigation. Since the
May violence in Awassa, police arrested some 40 demonstrators.
Approximately 30 of them were released on bail at different times after
appearing before the Southern Region's Supreme Court in October. The
remaining 10 still were in prison in Awassa. Seven other individuals
arrested in cases related to the Awassa demonstration and the killing
of the head of the Southern Region's education bureau were held
incommunicado in a military camp in Awassa (see Section 1.a.). EHRCO
reported that the Government fired approximately 180 zonal and regional
police officers for alleged complicity with demonstrators.
There was no investigation during the year of actions taken by
security forces following the April 2001 riots at AAU. The 14 Oromo
students who were expelled from the university for alleged subversive
activity remained suspended from attending classes because of their
involvement in the demonstration on campus (see Section 2.a.). There
were no new reports of expulsions on similar grounds during the year.
There were no reports of beatings or killings by police of any
demonstrators during the April protests.
Police also dispersed meetings during the year and arrested
numerous persons. For example, in February the police dispersed a
conference organized by the ETA in Awassa. There were 587 teachers in
attendance along with some officials from foreign embassies. After 3
hours, the police permitted the ETA to resume its meeting. Since that
meeting, the ETA reported that police detained 37 teachers from the
SNNPRS who attended the conference. All but one later were released on
bail. The police also called in 12 teachers from Oromiya and gave them
stern warnings never to participate again in such meetings. In October
the ETA received notification that at least one teacher who attended
the Awassa conference still was in detention in a prison in the town of
Bonga, Kaffa Zone.
On August 3, local police dispersed the biweekly meeting of the
Addis Ababa Teachers Association (AATA), an affiliate of the ETA,
because the AATA did not have municipal permission to hold that
meeting, even though the meeting was held in AATA offices. The AATA
tried to schedule another meeting on September 6, but that also was
broken up by local police on the same grounds.
On October 15, police fired into the air to disperse a crowd of
4,000 farmers gathered at a meeting of the Ethiopian Democratic Union
Party (EDUP) in Este Woreda in the village of Dankura Maryam, South
Gonder Zone. EDUP officials maintained they had a valid permit for
their meeting. Police beat many of the farmers, injuring 50 seriously,
and kept dozens in detention for a week.
Unlike in the previous year, persons were not arrested for holding
SEPDC meetings.
Of the 10 opposition candidates arrested in January 2001 and
charged with holding an illegal meeting organized by the CAFPDE,
Eastern Shoa Zone, Oromia regional state, 9 remained in custody. The
tenth was released on bail because he was not from that area. Those
candidates were arrested for campaigning illegally although the law
permits campaigning during that time. After the riots in which police
killed two CAFPDE supporters, the candidates were charged with
incitement to violence and the killings of the two CAFPDE supporters
(see Section 1.d.).
No action was taken against the security forces responsible for
killing or injuring persons while forcibly dispersing the following
2000 demonstrations: The March demonstration in Ambo, the April
demonstration in Dembi Dolo, and the December demonstration in Awassa.
During the year, approximately 50 elders, teachers, and civil
servants charged with subversion following the 1999 student
demonstrations were released.
The Constitution provides for freedom of association and the right
to engage in unrestricted peaceful political activity; however, the
Government limited this right in practice. Although the NGO
registration process improved significantly, a number of policy issues
regarding NGOs remained unresolved. The Ministry of Justice governed
primary registration. In 2000 an inter-ministerial committee convened
by the Ministry of Justice completed a draft of the revised NGO
registration legislation without consulting NGOs; the legislation still
was pending at year's end. The HRL, closed in 1998 for its alleged
connections to the OLF, continued to wait to get an operating license
(see Section 4).
The Government required political parties to register with the
National Election Board. Parties that did not participate in two
consecutive national elections were subject to deregistration.
Registered political parties also must receive permission from regional
governments to open local offices. There were 58 organized political
parties; 8 were national parties, and the remainder operated only in
limited areas. There were no reports during the year that any political
party had its registration revoked.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, on occasion local authorities infringed on this
right. The Ethiopian Orthodox Church (EOC) was the dominant religion.
The Government required that religious groups be registered.
Religious institutions register with the Ministry of Justice and must
renew their registration every year. Under the law, a religious
organization that undertakes development activities must register its
development wing separately as an NGO. Religious groups were given free
government land for churches, schools, hospitals, and cemeteries;
however, the title to the land remained with the Government, and the
land, other than that used for prayer houses or cemeteries, could be
taken back at any time. An interfaith effort was underway during the
year to promote revision of the law for religious organizations to
obtain duty-free status.
Minority religious groups complained of discrimination in the
allocation of government land for religious sites. Protestant groups
occasionally complained that local officials discriminated against them
when seeking land for churches and cemeteries. Evangelical leaders
complained that because they were perceived as ``newcomers'' they
remained at a disadvantage compared with the EOC and the Ethiopian
Islamic Affairs Supreme Council (EIASC) in the allocation of land. The
EIASC complained that it had more difficulty obtaining land from the
Government bureaucracy than the EOC while others believed that it was
favored for mosque locations. Many mosques were built by squatters
without city government approval and since have been targeted for
demolition.
The Government did not issue work visas to foreign religious
workers unless they were attached to the development wing of a
religious organization.
Muslim leaders complained that public school authorities
occasionally interfered with their free practice of Islam. Some public
school teachers in the SNNPR, Addis Ababa, and in the Amhara region
objected to Muslim schoolgirls covering their heads with scarves while
at school. Muslim leaders stated that in some schools, Muslim girls
went without head coverings to avoid similar problems.
Under the Press Law, it is a crime to incite one religion against
another. The Press Law also allows for defamation claims involving
religious leaders to be prosecuted as criminal cases. The charges
against Tilahun Bekele, publisher of Netsanet; Daniel Gezahegn, deputy
editor-in-chief of Mogedwere; and Samson Seyoum Kebede, the former
editor of Goh, were pending at year's end. Samson was convicted on five
counts of incitement to war and for spreading Islamic fundamentalism in
reports published in Agere. No information was available on how much of
his 4 \1/2\-year sentence he served before being released. According to
the EFPJA, Samson left the country and reported to the East African
Journalists' Association office, based in Nairobi.
There were more than 6,000 members of Jehovah's Witnesses in the
country. The Government continued its policy of not deporting members
of Jehovah's Witnesses of Eritrean origin, who might face religious
repression in Eritrea (see Section 2.d.).
Several inter-religious clashes resulted in deaths and injuries.
For example, on January 19, in Kemisse in the Amhara Region, one person
was killed during a clash between Muslims and Christians. According to
police reports, they arrested several persons for organizing the
disruption or throwing rocks at a procession; however, all of those
arrested subsequently were released. It remained unknown who was
responsible for the killing at year's end.
On July 17, a clash between Ethiopian Orthodox followers and
Protestants in Amhara Region resulted in the death of one person, and
eight others were seriously injured. The local police did not
intervene, and no action was taken against those responsible by year's
end.
On November 18 and December 27, confrontations between members of
Lideta Maryam Orthodox Parish in Addis Ababa and Ethiopian Orthodox
Church officials over alleged corruption by church officials appointed
by the Patriarch of the Ethiopian Orthodox Church turned violent when
police raided the church compound and forcibly dispersed members of the
congregation who were assembled in prayer. Police killed one man and
injured dozens. According to the EHRCO, police indiscriminately beat
many persons in the compound, including nuns, monks, elderly women, and
other bystanders. A Federal Police officer severely beat Voice of
America journalist Helen Mohammed when she tried to gain access to the
Lideta Church compound on December 27. Police also beat Tobia reporter
Yonas Wolde Senbet and confiscated his camera at the church. According
to EHRCO, after the raid, police detained approximately 700 persons at
Kolfe police training camp and subjected them to physical abuse. Many
complained they were doused with water, forced to crawl on gravel, and
denied food and water for most of the 5 days they were in detention.
Police required them to sign statements under duress admitting to their
roles in inciting riots at the church before they could be released.
On December 29, a riot broke out between Orthodox and Protestant
worshippers in Mekelle, Tigray Region, at Adventist prayer service
being conducted in a stadium. Some Orthodox followers, upset by the
display of public Adventist preaching, reportedly sparked the clashes
by first throwing stones at Adventist followers gathered in the
stadium, then by looting Adventist offices in the city. Police
intervened to break up the riots, which resulted in five dead and three
seriously injured. The police reported that 10 people were detained,
but independent sources placed the figure much higher.
Leaders of the Ethiopian Islamic Affairs Supreme Council (EIASC)
struggled during the year with Wahibbist fundamentalism within their
ranks. The growing influence of radical elements within Islamic
communities in the country, aided by funding from Saudi Arabia and
other Gulf states for mosque construction, continued to concern the
EIASC.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The Government modified its policy regarding the detention and
deportation of Eritreans and Ethiopians of Eritrean origin to Eritrea
after it signed a cessation of hostilities agreement with Eritrea in
2000. Detention and deportation was carried out only in conjunction
with the ICRC. The Government, together with the ICRC, monitored the
deportation or repatriation of 1,188 Eritrean POWs and 774 Eritrean
civilians during the year. In 2001 approximately 80,000 to 100,000
Eritreans and Ethiopians of Eritrean origin resided in the country;
there were no updated statistics by year's end. All Eritreans and
Ethiopians of Eritrean origin were registered with the Government and
held identity cards and 6-month residence permits to gain access to
hospitals and other public services.
During the year, the Government transferred some 219 Eritrean
military deserters who had been held at the Dedessa detention center to
a northern refugee camp. Given the improbability that any of the
deserters could be repatriated to Eritrea, UNHCR had processed most of
them for possible resettlement to third countries by year's end.
The law requires citizens and residents to obtain an exit visa
before departing the country. Eritreans and Ethiopians of Eritrean
origin were able to obtain exit visas but often were not permitted to
return to the country. Since the signing of the Algiers agreement in
December 2000, ICRC has facilitated the repatriation of approximately
997 Ethiopian and 1,388 Eritrean POWs (see Section 1.d.). On November
27, the Government released more than 1,200 Eritrean POWs, and at
year's end, there were no more registered prisoners from the conflict.
In Addis Ababa and western Gondar in the Amhara region, there were
very small concentrations of Ethiopian Jews (Falashas), most of whom
have emigrated to Israel, and those who claimed that their ancestors
were forced to convert from Judaism to Ethiopian Orthodoxy (Feles
Mora). Many Feles Mora immigrated to Israel; the Government did not
restrict their ability to do so. Israeli Embassy officials reported
that all eligible Feles Moras were processed for immigration to Israel.
Approximately 17,000 Feles Mora remained in the country awaiting
immigration at year's end.
Some codefendants from the All Amhara People's Organization (AAPO),
convicted in 1992 on charges of treason, completed their prison
sentences in 1998 and 1999 and were permitted to leave the country
during the year. Former members of AAPO were appealing to the court to
secure pension rights they lost when they were sentenced, but had not
been successful by year's end. A hearing was set for March 2003.
The number of Ethiopian students detained at the Kakuma refugee
camp in northwest Kenya following the April 2001 riots in Addis Ababa
declined from 317 to 247. The UNHCR reported that despite fears of
detention, many students voluntarily returned to Ethiopia during the
year. According to Human Rights Watch (HRW), security forces bribed
Kenyan police to harass, intimidate, and arbitrarily arrest Ethiopian
refugees in Nairobi.
As a result of the conflict with Eritrea, numerous persons were
displaced internally. The Government presented relief and
rehabilitation proposals for these IDPs to bilateral donors and NGOs.
The World Food Program reported that approximately 75,000 IDPs remained
in the country along the border with Eritrea. There originally were
approximately 300,000 IDPs following the border war; however,
approximately 225,000 IDPs were resettled.
Due to violent clashes between different ethnic groups during the
year, thousands of persons were killed, injured, and displaced
internally (see Section 5). For example, on November 27, ethnic clashes
within the Fugnido camp between Dinka and Nuer refugees left 39
refugees dead and 9 injured. The UNHCR reported that Ethiopian
authorities arrested and detained four officials of the Fugnido
municipal government and several Gambella regional officials in
connection with the massacre. UNHCR and officials of the Government's
refugee agency have pledged to create a committee comprised of regional
and federal agencies to investigate the causes of the Fugnido clashes
and massacre. There were reports that Anuak warriors abducted 32 Nuer
IDPs from a bus taking them to Fugnido; the Government made little
progress in its investigation of the disappearances, and the
whereabouts of the 32 IDPs were unknown at year's end.
The law provides for the granting of asylum and 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 generally
cooperated with UNHCR and other humanitarian organizations in assisting
refugees and returning citizens.
The country hosted approximately 138,816 refugees; most were from
Somalia and Sudan. The Government in cooperation with the UNHCR
continued to provide first asylum to refugees from Sudan and Somalia.
Along the border of northwest Somalia, approximately 49,000 Somali
refugees were resident in 3 camps at year's end, a decrease from 70,000
Somali refugees in 6 camps in 2001. Along the Sudanese border
approximately 85,000 Sudanese refugees were resident in 5 refugee camps
around Gambella and Asosa at year's end. The UNHCR reported that
approximately 120 of the 450 armed rebels from Sudan awaiting transfer
at the end of 2001 were admitted to one of the Sudanese refugee camps
inside Ethiopia. The UNHCR also noted that some of those held at the
end of 2001 returned voluntarily.
There were approximately 4,335 Eritrean Kunama refugees and a small
population of urban refugees from other countries at year's end. During
the year, government military forces took over a new refugee camp for
security reasons, forcing the refugees to remain in a nearby camp with
inadequate health, education, water, and sanitation facilities.
In January there were credible reports that in December 2001,
security forces tortured three Sudanese refugee leaders following
disturbances at Fugnido refugee camp in the western part of the
country. There also were reports that staff members of the
Administration for Refugee and Returnee Affairs (ARRA) physically
abused Sudanese refugees at the Sherkole Camp. For example, in June
ARRA staff members kicked and beat a refugee who was trying to collect
rations during a revalidation exercise. By year's end, there were no
indications that the Government had investigated these incidents (see
Section 1.c.).
Refugees at Sherkole also complained of conflict with local
residents over scarce resources. They claimed that local villagers had
attacked, and in some cases sexually assaulted, women who had gone to
collect firewood outside of designated collection points for camp
residents.
There were no reports during the year 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 allows for the right of secession. The
Constitution grants universal adult (18 years of age) suffrage,
establishes periodic elections by secret ballot, and allows citizens to
take part in the conduct of public affairs, directly and through freely
chosen representatives; however, in practice the EPRDF ruling party
dominated the Government. According to observers organized by EHRCO,
local U.N. staff, diplomatic missions, political parties, and domestic
NGOs, the 2000 national elections and the 2001 regional elections were
generally free and fair in most areas but were marred by serious
irregularities, including killings, disappearances, voter intimidation
and harassment, and unlawful detentions of opposition party supporters,
particularly in the SNNPRS region.
The EPRDF ruling party was dominated by the Tigrayan ethnic group.
Of 548 seats in the House of People's Representatives (HPR), 496 were
held by the EPRDF or its affiliate parties. The Tigray People's
Liberation Front (TPLF), one affiliate party, occupied 40 seats. The
EPRDF, its affiliates, and EPRDF sympathizers controlled all seats in
the 108 member House of Federation, whose members were appointed by
regional governments and by the federal government.
Membership in the EPRDF gave advantages to its members, and the
party owned many businesses and awarded jobs to loyal supporters. In
addition to the Government, only the EPRDF and the TPLF were allowed to
operate radio stations (see Section 2.a.).
Opposition parties continued to lack organization or direction.
Prime Minister Meles claimed to support ``constructive engagement''
with the opposition; however, Meles publicly criticized the opposition
for its disloyalty and its ``politics of hate.''
Citizens exercised the right to vote for a national government in
2000 during elections for the HPR, and during local elections held in
2001 in February, March, and December. In the 2000 national elections,
17 opposition political parties contested the election, including the
AAPO, the SEPDC, and the Oromo National Congress. The better funded and
better organized incumbent party, the EPRDF, generally dominated
candidates of the relatively weaker and less organized opposition
parties and independent candidates, except in the SNNPRS, where the
opposition made significant gains. EPRDF candidates won 481 seats in
the HPR, EPRDF affiliate candidates won 37 seats, opposition party
candidates won 16 seats, and independent candidates won 13 seats. The
Government established a donor supported fund for opposition party
candidates, provided opposition candidates access to state-owned
electronic media, and changed the law to permit civil servants to run
for office without first resigning their positions. The Government was
willing to engage opponents in open debate at candidate and party
forums. Many of these debates were broadcast live on national radio and
television and reported on in both government and private newspapers.
Free radio broadcast time was set aside for the elections, and 225
independent candidates and 33 political parties made use of it.
There were credible reports that local officials throughout the
country ignored NEB instructions on the acceptance of candidate
endorsement signatures from opposition party candidates. There were
instances in which the NEB had to force local authorities to accept
nominations. There were credible reports that during candidate
registration, many kebele (village or municipal unit) offices were
closed for holidays or were otherwise unstaffed, hindering the
registration process of opposition candidates. In the Somali region
prior to the August 2000 elections, thousands of ballots were reprinted
to rectify the fact that a female opposition candidate had not been
listed despite having met NEB requirements for candidate registration.
There were a number of killings as a result of preelection and
postelection violence; numerous persons also were arrested and
detained, some because they voted for the opposition (see Section
1.d.). Several SEPDC candidates for the national or municipal elections
were detained, and two SEPDC members elected to the regional council in
2000 were detained without having their parliamentary immunity formally
removed (see Section 1.d.).
There also were numerous reports from SEPDC that members of the
security forces harassed and intimidated persons who supported or voted
for the opposition during the 2000 elections. For example, there were
credible reports that ruling party personnel withheld fertilizer and
food aid in the SNNPRS region and suspended or dismissed SEPDC
supporters from their jobs in retaliation for voters electing
opposition candidates; they were not allowed to return to their
positions by year's end. Some teachers in the Southern Region who
served as SEPDC election observers were not able to collect their
salaries and were denied entry to summer update courses.
There were credible reports that during the 2000 national elections
citizens who tried to register to vote were told by government
personnel that they had to prove their citizenship; under the law only
citizens can vote. Reportedly Ethiopians of Eritrean origin were not
allowed to register or to vote.
There were allegations of irregularities, including incidents of
election officials instructing voters for whom to vote, candidates
campaigning at polling stations, and candidates being pressured into
quitting. There also were credible reports of ballot stuffing, vote
count fraud, voter intimidation or bribery, dismissals from work,
withholding of salaries, detentions, abductions, and killings. The NEB,
acting on its constitutional authority, investigated complaints of the
irregularities and determined that many of them had merit. The NEB
ordered new elections in some areas of SNNPRS that were held later in
2000; they were declared generally free and fair by international
observers. In 2000 the NEB agreed to bring charges against those
suspected of the worst election abuses in the SNNPRS; however, no
action had been taken by year's end.
In February, March, and December 2001, local elections at the
kebele and woreda (county) levels were conducted in all regions and
administrative zones except in the Somali regions. In February 2001,
after the EPDRF overwhelmingly won the woreda elections, opposition
groups reported intimidation of candidates and voters by the ruling
party cadres, including the killing of two supporters (see Section
1.a.); opposition groups also accused the NEB of failing to address
these problems during the period prior to the elections. Opposition
parties subsequently announced their withdrawal from the February 2001
elections, which was followed by the withdrawal of opposition party
members from seats in the Addis Ababa municipal council. In August
2001, the NEB made a statement indicating that the Government was aware
of election irregularities and that the harassment of persons in the
SNNPRS had impeded the organization of local elections. The NEB also
called for the unconditional release of those detained for their
affiliation with the SEPDC.
Elections for the Somali region that were scheduled for 2001 were
postponed indefinitely. The Government said that necessary preparations
for those elections were still not in place. A new date had not been
set by year's end.
The December 2001 elections in the Southern Region were affected by
the harassment of opposition parties in the region following the 2000
elections. There were few election observers on hand because the
elections were scheduled to coincide with Christmas and New Year's
weekends; however, in March EHRCO reported that these elections were
not free and fair. EHRCO also reported that 449 persons were arrested
in connection with the elections. Opposition participation in the
elections was hampered by difficulty in registering candidates and
limitations on time remaining to campaign. After claiming that election
fraud occurred during the zonal and woreda elections, most parties
belonging to the SEPDC coalition did not participate in the kebele
elections, citing the inability of the NEB to ensure free and fair
elections.
There were credible reports from SEPDC representatives that at
least 11 of their members were killed in the period leading up to the
December 2001 regional elections (see Section 1.a.).
There were credible reports that local authorities in the Oromiya,
Amhara, and Southern Region periodically arrested and detained
supporters of opposition parties in the period prior to and following
the regional elections in those areas.
Local government officials in Konso Special Woreda, in the Southern
Region, continued to deny representatives of the opposition Konso
People's Democratic Union (KPDU) the right to assume the offices to
which they were elected in 2001. After opening a branch office in the
town of Fasha on December 29, pro-government supporters severely beat
several KPDU members and seriously damaged the newly opened office.
According to the KPDU, local government officials also detained Kafta
Kayitre and held him incommunicado for leasing office space in Fasha to
the KPDU.
On November 20, the home of EDUP official Desalegn Yimer was burned
down by an arsonist in Ambasel Woreda, Kebele 2, in the town of Hayk,
South Wello Zone, which resulted in extensive property loss. The EDUP
blamed government forces for the incident. No government investigation
had been initiated by year's end.
In October Prime Minister Meles dissolved the Addis Ababa city
government and replaced it with a provisional administration to be led
by EPRDF/TPLF member Arkebe Oqubay until elections are held next year.
Political participation remained closed to a number of
organizations that have not renounced violence and did not accept the
Government as a legitimate authority. These groups included MEDHIN, the
Coalition of Ethiopian Democratic Forces, the Ethiopian People's
Revolutionary Party, the OLF, some elements of the ONLF, and several
smaller Somali groups.
Of the 19 members of the Council of Ministers, 1 was a woman, 2
other women held ministerial positions, and a number of other women
held senior positions. There were 42 women among the 548 members of the
HPR, and 9 of 113 members in the House of Federation were women. Of the
14 members of the Supreme Court, 3 were women.
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. Small ethnic groups were not represented in
the legislature. There were 23 nationality groups in 6 regional states
that did not have a sufficient population to qualify for constituency
seats; however, individuals from these nationality groups competed for
23 special seats in the 548-seat HPR in the 2000 elections.
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
with some government restriction, investigating and publishing their
findings on human rights cases. Government officials were somewhat
cooperative with them; however, the Government often was distrustful
and wary of such groups. Some of the most prominent domestic human
rights organizations included EHRCO, the Human Rights League (HRL), and
the Ethiopian Women's Lawyers Association (EWLA). These and numerous
other groups primarily engaged in civic and human rights education,
legal assistance, and trial monitoring. However, the Government neither
shared information about nor acknowledged the existence of human rights
abuses with members of the NGO community.
The HRL, founded by Oromo civic leaders in 1997, continued to be
investigated by the Government at year's end for its alleged ties to
the OLF. In 2001 the HRL sued the Government, and the court ordered the
Ministry of Justice to reply to the HRL petition for registration by
February. The lawsuit was pending at year's end (see Section 2.b.).
Unlike in the previous year, the EWLA did not experience harassment
from the Government. The EWLA's primary function was to represent women
legally, particularly in civil matters involving the new family law,
spousal abuse, divorce, child custody, and criminal matters.
Several international human rights groups visited the country
during the year. There were no reports that any member of such a group
had difficulty obtaining an entry visa. In July a group of researchers
from HRW visited to gather information on the violence in Awassa and
Tepi. In August the CPJ visited to meet with members of the independent
press and to criticize government intimidation of journalists.
Education International was able to visit without restriction during
the year. Prison Fellowship International has developed a good
relationship with prison officials throughout the country. In September
Transparency International sent a team to Addis Ababa to explore
conditions for establishing a local chapter.
During the year, the ICRC was allowed to visit most federal and
regional prisons, civilian detention facilities, and police stations
throughout the country, including the facilities where persons still
were in detention at year's end in connection with the student riots in
April 2001. The ICRC was granted access to the Tatek military detention
facilities but not to other military detention facilities where
suspected OLF fighters had been held (see Section 1.d.). The ICRC
generally was given access to detention facilities holding Eritrean
POWs, including the main camp at Dedesa (see Sections 1.c. and 1.d.).
In 2000 the Government and Eritrea agreed that the ICRC would be the
supervisory organization for the exchange of expellees or deportees and
would facilitate all POW exchanges.
Officials of the Federal Security Authority generally were
responsive to requests for information from the diplomatic community.
The Government is required under the Constitution to establish a
Human Rights Commission and Office of the Ombudsman. The Office of the
Ombudsman was expected to have the authority to receive and investigate
complaints with respect to misadministration by executive branch
offices. In 2000 Parliament completed legislative action to create both
entities, and in July 2001 the parliamentary committee was selected to
appoint members to the Ombudsman office; however, neither entity was
operational by year's end.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, color,
sex, language, national origin, political or other opinion, or social
status; however, the Government in practice did not effectively enforce
these protections.
Women.--Domestic violence, including wife beating and marital rape,
was a pervasive social problem. While women had recourse to the police
and the courts, societal norms and limited infrastructure prevented
many women from seeking legal redress, especially in rural areas.
Social practices obstructed investigations and prosecutions in rape
cases, and many women were not aware of their rights under the law. It
was estimated that there were more than 1,000 rapes a year in Addis
Ababa alone. Federal police reported 393 cases of rape committed during
the year; however, it was estimated that there were more than 1,000
rapes a year in Addis Ababa. The number of reports by rape victims to
police and the amount of press reporting of rape cases increased. In
cases of marriage by abduction, the perpetrator was not punished if the
victim agreed to marry him (unless the marriage was annulled); even
after a perpetrator was convicted, the sentence was commuted if the
victim married him. Rape sentences increased in practice from 10 to 13
years, in line with the 10 to 15 years prescribed by law; however,
rapists generally remained in prison for a period of between 7 and 10
years. There were credible reports that members of the military who
were redeployed from border areas to other regions sexually harassed
and raped some young women. During the year, the EWLA conducted
research on the number of rapes committed and the number of rape
convictions handed down; however, they had not released their results
by year's end.
Although illegal, the abduction of women and girls as a form of
marriage still was practiced widely in the Oromiya region and the
SNNPRS, despite the Government's attempts to combat this practice.
Forced sexual relationships often accompanied most marriages by
abduction, and women often were abused physically during the abduction.
Many of those girls married as early as the age of 7, despite the legal
marriage age of 18. Abductions led to conflicts among families,
communities, and ethnic groups.
The majority of girls underwent some form of FGM. 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 were performed 7 days after birth and consisted of an
excision of the labia. Infibulation, the most extreme and dangerous
form of FGM, was performed at any time between the age of 8 and the
onset of puberty.
The Constitution prohibits traditional harmful practices that
result in bodily or mental harm. The 1957 Penal Code provides that
anyone who caused bodily injury to another and impaired the victim's
health would be subject to punishment. However, these provisions did
not specifically outlaw FGM. The Government was updating the Penal Code
and in the draft version of the legislation, FGM was banned. The
Government also worked to discourage the practice of FGM through
education in public schools.
Thousands of women traveled to the Middle East as industrial and
domestic workers. There were credible reports from the EWLA that some
female workers were abused in these positions (see Section 6.f.).
The Constitution states that all persons are equal before the law;
however, the Government has not yet fully put into place mechanisms for
the effective enforcement of these protections. The Family Law sets the
legal marriage age for girls at 18, the same as for boys; elevates
civil law above customary and religious law; allows for the legal
sharing of property for unmarried couples who live together for at
least 5 years; eliminates family arbitrators as a means of settling
marital disputes in lieu of the court system; allows for the joint
administration of common marital property; requires the courts to take
into account the situation of children or the weakest member of the
family in the event of divorce or separation; and imposes a 6-month
waiting period on women seeking to remarry following divorce or the
death of a spouse.
Discrimination against women was most acute in rural areas, where
85 percent of the population lived. The Civil Code and the Penal Code,
both of which were under review by the Ministry of Justice, contained
discriminatory regulations, such as the recognition of the husband as
the legal head of the family and the sole guardian of children over 5
years old. Domestic violence was not considered a serious justification
to obtain a divorce. There was only limited juridical recognition of
common law marriage. Irrespective of the number of years the marriage
existed, the number of children raised, and joint property, the woman
was entitled to only 3 months' financial support should the
relationship end. A husband had no obligation to provide financial
assistance to his family and, as a result, women and children sometimes
were abandoned when there was a problem in the marriage.
All land belonged to the Government; however, women could obtain
government leases to land, and the Government had an explicit policy to
provide equal access to land for women. However, this policy rarely was
enforced in rural communities. In urban areas, women had fewer
employment opportunities than did men, and the jobs available did not
provide equal pay for equal work.
The Government endorsed a National Policy on Women to enhance the
status of women that sought to expand educational and work
opportunities, improve access to health care, and educate women
regarding unhealthy traditional practices such as early marriage. A
National Plan of Action, aimed at addressing various gender constraints
to development had been drafted under the leadership of the Women's
Affairs Office within the Prime Minister's Office. There were few
improvements in the status of women since the inception of the program.
According to a study by the National Committee on Traditional Practices
of Ethiopia in 1998, certain harmful practices such as early marriage
and marriage by abduction appeared to be declining. Neither the HRC nor
the Office of the Ombudsman was operational by year's end. Once
operational, both organizations were expected to have a representative
responsible for women's rights (see Section 4).
Children.--The Government supported efforts by domestic and
international NGOs that focused on children's social, health, and legal
issues. For example, local officials provided transportation and free
facilities to NGO activities. Neither the HRC nor the Office of the
Ombudsman was operational by year's end; however, once operational,
both organizations are expected to have a representative responsible
for the rights of children. However, the Government had limited their
ability to provide improved health care and basic education.
By law primary education was compulsory, free, and universal;
however, despite efforts by the Government to increase the number of
schools, there were not enough schools to accommodate the country's
youth. The Government used a three-shift system in all primary and
secondary schools to maximize the utilization of classrooms and to
provide an opportunity for working children to attend school. During
the year, approximately 40 percent of primary and 67 percent of
secondary schools operated in two shifts to maximize the utilization of
classrooms. Most urban schools operated evening classes to provide an
opportunity for working children to attend classes. Nationwide the
total enrollment of school-age children was 61.6 percent. Only 71.7
percent of male primary school-age children and 51.2 percent of female
primary school-age children attended school. Girls attended school in
lower numbers than boys, except in Addis Ababa, where girls' attendance
was slightly higher at 52.7 percent. Government reports showed that 31
percent of the children who attended school left the system before they
reached the second grade. Only 28 percent of children who began first
grade completed eighth grade. The literacy rate was approximately 20 to
30 percent, and only 17 percent of women were literate compared with 26
percent of men; however, it was difficult to estimate literacy rates
accurately due to a lack of government statistics. Only 20.4 percent of
boys and 13.7 percent of girls attended general secondary school
(grades 9-10). During the year, the Government widened the
implementation of its education policy that compressed 12 years into 10
years of general education for students not planning to attend college.
Students planning to attend university continued to study for 2
additional years in what was a pre-university program (grades 11-12).
Students in grade 12 continued to take the Ethiopian School Leaving
Certificate Exam (ESLCE). Students in grade 10 also were required to
take the ESLCE. There was space in institutions of higher learning for
only a small percentage of graduates.
In Addis Ababa's police stations, there were 10 Child Protection
Units that were staffed by members of an NGO and protected the rights
of juvenile delinquents and victims of crime. Some police officers
completed training on procedures for handling cases of child abuse and
juvenile delinquency; however, there was a clear need for reform of the
juvenile justice system. Three federal judges sat on one bench to hear
all cases of juvenile offenses. There was a large backlog of juvenile
cases and accused children often remained in detention with adults
until their cases were heard. There was only 1 juvenile remand home
with a capacity of 150 for children under age 15, and the juveniles who
could not be accommodated at the juvenile remand home were incarcerated
with adults.
Societal abuse of young girls continued to be a problem. FGM was
performed on the majority of girls (see Section 5, Women).
Other harmful traditional practices surveyed by the NCTPE included
uvulectomy, milk-teeth extraction, early marriage, marriage by
abduction, and food and work prohibitions (see Section 6.f.). The
Family Code defines the age of sexual consent as 18 for both females
and males; however, early childhood marriage was common in rural areas
where girls as young as age 7 were subjected to arranged marriages. In
the Afar region of the east, young girls continued to be married to
much older men, but this traditional practice came under greater
scrutiny and criticism during the year. The Tigray Women's Association
also impacted societal attitudes toward early marriage. Pregnancy at an
early age often led to obstetric fistulae and permanent incontinence.
Treatment was available at only 1 hospital in Addis Ababa that
performed more than 1,000 fistula operations a year. It estimated that
for every successful operation performed, 10 other young women needed
the treatment. The maternal mortality rate was extremely high partly
due to food taboos for pregnant women, poverty, early marriage, and
birth complications related to FGM, especially infibulation.
There were approximately 50,000 to 60,000 street children in Addis
Ababa; however, the figures were difficult to estimate, and observers
believed the problem was growing. These children begged, sometimes as
part of a gang, or worked in the informal sector (see Section 6.d.).
Government and privately run orphanages were unable to handle the
number of street children, and older children often abused younger
children. Due to severe resource constraints, abandoned infants often
were overlooked or neglected at hospitals and orphanages. Children
sometimes were maimed or blinded by their ``handlers'' to raise their
earnings from begging. EHRCO reported that during the year, security
forces relocated approximately 200 homeless persons, many of them
children, to areas outside Addis Ababa (see Section 1.f.).
Child prostitution continued to be a problem and was perceived
widely to be growing (see Section 6.f.).
Children reportedly were trafficked out of the country in adoption
schemes (see Section 6.f.).
The Ministry of Defense did not permit persons under the age of 18
to join the armed forces, and the Government made efforts to enforce
this policy. There were no reports that children under the age of 18
were recruited into the military during the year; however, in the past,
military officers admitted that underage applicants sometimes were
enlisted. Scarce birth certificates, poor educational opportunities,
patriotism, and pervasive poverty encouraged underage applicants to try
to circumvent restrictions on underage soldiers. If a unit commander
suspected but could not prove that a soldier was underage, he could
transfer the soldier from a front-line combat unit to a rear-area
command. There were no reports of children joining local militias
during the year.
Persons with Disabilities.--The law mandates equal rights for
persons with disabilities; however, the Government had no established
mechanisms to enforce these rights. Persons with minor disabilities
sometimes complained of job discrimination. The Government did not
mandate access to buildings or require government services for persons
with disabilities. The Constitution provides rehabilitation and
assistance to persons with physical and mental disabilities; however,
the Government devoted few resources for these purposes.
There were approximately six million persons with disabilities in
the country. The conflict with Eritrea resulted in numerous soldiers
losing limbs, many from landmine explosions. Wheelchairs were rare in
the country. Although there were approximately 800,000 mentally ill
persons, there was only 1 mental hospital and only 10 psychiatrists in
the country.
There were approximately 70 NGOs that worked with persons with
disabilities. For example, the Amhara Development Association provided
vocational training to war veterans with disabilities in Bahir Dar. The
Tigray Development Association operated a center in Mekele that
provided prostheses and seed money for business development, training,
and counseling for persons with disabilities. The international NGO
Landmine Survivors provided a number of services to victims of landmine
explosions including counseling and referrals to rehabilitation
services.
National/Racial/Ethnic Minorities.--There were more than 80 ethnic
groups. Although many of these groups influenced the political and
cultural life of the country, Amharas and Tigrayans from the northern
highlands played a dominant role. The largest single group was the
Oromos, who accounted for 40 percent of the population. There were
credible reports that teachers and other government workers had their
employment terminated if they were not of the dominant ethnic group in
the region.
In an attempt to address ethnic concerns, the Government
established a federal system with political boundaries drawn roughly
along major ethnic lines. With federalism, regional states had much
greater control over their affairs. Political parties were primarily
ethnically based.
Ethnic clashes during the year resulted in a number of deaths,
injuries, and the displacement of thousands of persons (see Section
2.d.). For example, in January 92 ethnic Somalis were killed during
regional clashes over grazing and water rights. Banditry and
lawlessness continued to prevail in the region at year's end.
In March between 600 and 800 persons were killed during clashes
between the Sheko-Mejjangar and Manja and the Sheka and Bench-Majjii in
and around the town of Tepi, capital of the Yeki District, in the
Southern Region. Government officials reported 128 deaths; however, the
SEPDC reported more than 1,700 deaths. More than 2,000 homes were
destroyed and 5,800 persons were displaced as a result of the violence.
The clashes involved local officials and members of each of these
communities, and resulted from the dissatisfaction of many Sheko-
Mejjangar who had wanted autonomy following an unsuccessful attempt in
1993 to move the Shekicho zone from the Southern Region to the Gambella
Region. The Government claimed to have arrested 41 policemen, 39
militia members, and 11 administrative officials for their involvement
in the clashes. However, the Government refused to allow an independent
investigation of the incident and put the Federal Police in charge of
the Government's internal investigation.
In April several persons were killed and numerous houses were
burned during fighting over a land dispute between the Deresha and the
Zaise. Local ruling party officials had incited the violence between
the previously peaceful groups.
On October 15, 8 Amhara men shot and killed at least 31 Afar women
in a village marketplace in North Shoa Zone, Amhara Region. Police
detained seven of the eight suspected killers for questioning. The
Chairman of the Kure Beret Farmers Association, who also was detained
for questioning in relation to this case, was killed while in prison.
There was no indication that the Government had opened an investigation
into his death by year's end.
During the year, there were numerous clashes between the Anuak and
Nuer clans. For example, on July 7, 60 persons were killed and 41 were
injured during ethnic conflict between Nuer and Anuak tribesmen in the
Gambella region over political power sharing. EHRCO reported that all
houses in eight kebeles were burned to the ground, and 8,760 persons
were displaced from their homes. The situation remained unstable at
year's end. There were no reports that the Government investigated the
conflict.
On September 25, a grenade was thrown into a student dormitory at
the Gambella Teachers College. One person died and five were injured in
the attack. The students were all members of the Nuer clan.
On October 7, four persons were injured when someone exploded a
grenade in the center of Gambella town. The apparent target of the
attack was the truck driver transporting ethnic Nuer to the area.
Unlike in the previous year, there were no reports of killings
during ethnic clashes between the Oromo Borena and the ethnic-Somali
Garre pastoralists, or between drought victims from Amhara and the
Oromos in the Gida Kiremv district.
The military remained an ethnically diverse organization; however,
diversity was less common in the higher ranks among officer personnel.
There were reports that soldiers redeployed from the war front to other
regions abused civilians, particularly in the Amhara, Oromia, and
SNNPRS regions. There were reports that soldiers targeted Oromos for
abuse during the year.
There were occasional reports of discrimination and exclusion of
Eritreans, particularly by kebele level officials. Reports indicated
that kebele officials sometimes denied indigent Eritreans access to
free medical supplies.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides most
workers with the right to form and join unions; however, the law
specifically excludes teachers and civil servants, including judges,
prosecutors, security services, air transport and railway services,
urban and inter-urban bus services, filling stations, banks and postal
service workers from organizing unions. Employer interference was not a
major problem; however, there was government interference. Many trade
union leaders have been removed from their elected office or forced to
leave the country. According to the Confederation of Ethiopian Trade
Unions (CETU), trade union leaders still were being sent to prison for
forming unions or seeking redress or their grievances. Many of the
trade union leader arrests took place in Oromiya region. The minimum
number of workers required to form a union was 20. All unions had to be
registered; however, the Government still retained the authority to
cancel union registration. The law stipulates that a trade organization
may not act in an overtly political manner.
Approximately 300,000 workers were unionized. The Ethiopian
Teachers' Association (ETA) has been a particular target for government
harassment. The ETA formerly had a membership of 120,000; however, that
number has decreased significantly due to government intimidation and
restrictions on ETA activities. During the year, the ETA estimated its
membership at 110,000. The Government, in an attempt to influence ETA
leadership, created a ``new'' ETA that drew its funding from mandatory
contributions from teachers. Teachers were coerced to make payments of
$0.23 (2 birr) a month to the ``new'' ETA, which counted them as its
members. The International Labor Organization (ILO) Committee of
Experts cited the Government's interference with the operation of the
original ETA and the Government-inspired formation of the ``New ETA''
as an abrogation of the basic right of association.
The ETA claimed that 205 unionized teachers had been dismissed,
detained, or transferred to remote areas since April 2001. In May the
Government, after significant international pressure, released Dr. Taye
Woldesemayat, president of the ETA, from prison after he had served 6
years of a 15-year sentence for inciting violence (see Section 1.d.).
Security forces continued to harass members of the ETA. Police again
arrested then-Acting Secretary-General of the ETA Abate Angori in
December for having written a press release that the Government deemed
inflammatory in the wake of the April 2001 riots at Addis Ababa
University. Officials at Maekelawi Criminal Investigation Bureau have
summoned him on several occasions. He last was summoned to court on
November 18, but the judges were not available. While awaiting
notification of his next hearing, the police arrested him and held him
incommunicado for more than a week.
Police also harassed the Addis Ababa Teachers Association, a
subgroup of the ETA, during the year by dispersing its meetings. The
ETA was denied access to a meeting hall in Sidama Zone even though a
government official took its money for the hall rental. Several
teachers were detained for participating in an ETA conference in Awassa
during the year (see Sections 1.d. and 2.b.).
Seasonal and part-time agricultural workers were not organized even
on state-owned plantations. Seasonal workers' compensation, benefits,
and working conditions were far below those of unionized permanent
plantation employees.
There was no requirement that unions belong to the CETU, which
included all nine federations organized by industrial and service
sectors rather than by region. Recently publicized allegations of
widespread corruption within CETU's leadership ranks and of CETU's
close ties to the Government have paralyzed the organization. A special
meeting of CETU's General Congress was scheduled for January 2003 to
try to resolve the impasse.
The law prohibits antiunion discrimination by employers against
union members and organizers; however, unions reported that union
activists frequently were fired. Unlawful dismissal suits often took
years to resolve because of case backlogs in the labor courts. There
were grievance procedures for hearings on allegations of discrimination
brought by individuals or unions. Employers found guilty of antiunion
discrimination were required to reinstate workers fired for union
activities. However, according to labor leaders, a number of court
cases in which workers were terminated for union activities still were
pending after 4 or 5 years.
No further information was available by year's end on the 2000 case
in which 586 workers, including union leaders, were expelled from a
private company following the dissolution of its labor union.
Independent unions and those belonging to CETU were free to
affiliate with and participate in international labor bodies. There
were no restrictions on individual trade unions applying for membership
in the International Confederation of Trade Unions (ICTU). Some unions
affiliated with international organizations; however, no Ethiopian
trade unions were members of the ICTU. CETU applied for membership in
the ICTU, but a response from the ICTU was pending at year's end. In
2000 the ILO Committee on Freedom of Association issued a strong
criticism of the Government for its restrictions on freedom of
association.
b. The Right to Organize and Bargain Collectively.--The
Constitution protects the right of collective bargaining for most
workers, and in practice the Government allowed citizens to exercise
this right freely. Labor experts estimated that more than 90 percent of
unionized workers were covered by collective bargaining agreements.
Wages were negotiated at the plant level. Some efforts to enforce labor
regulations were made within the formal industrial sector.
The 1993 government Labor Proclamation 42 explicitly gives workers
the right to strike to protect their interests; however, it also sets
out the need for aggrieved workers first to make efforts at
conciliation before striking. These applied equally to an employer's
right to lock out workers. Strikes must be supported by a majority of
the workers affected. If workers brought their dispute to the attention
of the Ministry of Labor, the Ministry would appoint a conciliator to
bring about a settlement. If the conciliator failed to settle a labor
dispute within 30 days, he was obliged to prepare a report for the
Ministry. Either party could submit the matter to a Labor Relations
Board (LRB) or submit to independent arbitration. The Government
established LRBs at the national level and in some regions. The
Minister of Labor and Social Affairs appointed each LRB chairman, and
the four board members included two each from trade unions and employer
groups. However, workers still retained the right to strike without
resorting to either of these options, provided they had given at least
10 days notice to the other party and to the Ministry, made efforts at
reconciliation, and provided at least a 30-day warning in cases already
before a court or LRB. The proclamation also forbid strikes by air
transport and railway service workers, electric power suppliers, bus
operators, gas station personnel, hospital and pharmacy personnel, bank
employees, firemen, postal and telecommunications personnel, and urban
sanitary workers.
In April truckers who demanded more security on the road through
Afar went on strike for 2 days. The strike followed the killing and
mutilation of a trucker by Afar bandits. The Government and CETU
considered strikes such as the truckers strike in Afar State and less
publicized strikes by road construction crews throughout the country
illegal because workers did not follow the procedures set forth by
Labor Proclamation 42.
The law prohibits retribution against strikers, but labor leaders
said that most workers were not convinced that the Government would
enforce this protection. Labor officials said that due to high
unemployment and long delays in the hearing of labor cases, some
workers were afraid to participate in strikes or other labor actions.
The law also prohibits workers who provide essential services from
striking.
There were no export processing zones (EPZs).
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports it
occurred. Forced labor could be used by court order as a punitive
measure. For example, there were credible reports that persons detained
after the April 2001 riots in Addis Ababa were subjected to forced
labor at Sendafa police facility, Showa Robit prison, and the Zeway
prison (see Section 1.c.). The Constitution prohibits slavery and
involuntary servitude, and there were no reports of slavery within the
country.
Young girls reportedly were forced into prostitution by family
members (see Sections 5 and 6.f.). There were several anecdotal
accounts from the EWLA of young persons, especially girls, traveling to
the Middle East to work as domestic laborers, some of whom were beaten
and sexually abused (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--Child labor remained a serious problem. Under the 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 hazardous or night work. The Government defined
hazardous work as work in factories or involving machinery with moving
parts, or any work that could jeopardize children's health.
Children between the ages of 14 and 18 years were not permitted to
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 made some effort to enforce these regulations
within the formal industrial sector, social welfare activists, civic
organizers, government officials, and employers agreed that child labor
was pervasive throughout the country, especially in the informal
sector. In urban areas, numerous children worked in a variety of jobs,
including shining shoes, hustling passengers into cabs, working as
porters, selling lottery tickets, and herding animals. Child labor
remained a serious problem in rural areas, where it occurred primarily
on plantations and was aggravated by a family tenancy (sharecropping)
system, and child domestic laborers were common.
Child laborers often were abused. An 1999 ILO-funded research
survey reported that the prevalence of child abuse among urban child
laborers was 70 percent, compared with 24 \1/2\ 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 domestic laborers. The
findings of a new ILO-funded survey on child labor abuse will not be
available before February 2003.
A second 1999 research study of child labor sponsored by the CETU's
National Federation of Farm, Plantation, Fishery, and Agro-industry
Trade Unions 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, who worked alongside parents hired by the
state, typically worked 6 days a week, received no benefits, and earned
less than $10 (80 birr) a month. At 1 plantation, 75 percent of the
children worked 12-hour days. There were no new reports regarding child
labor abuse on plantations. There also was evidence that children as
young as 14 years old were permitted to join local militias with the
consent of village leaders. This reportedly was part of an effort to
keep children in local areas despite limited educational or employment
opportunities (see Section 5). The Government maintained that most
economically active children were engaged in family-based, non-
exploitative child work that was part of the socialization process and
that there was not a child labor problem.
The Ministry of Labor and Social Affairs was designated to enforce
child labor laws. The Government's definition of worst forms of child
labor included prostitution and bonded labor; however, the Government
was not a signatory to ILO Convention 182 on the Worst Forms of Child
Labor.
The law prohibits forced and bonded labor by children; however,
there were reports that it occurs (see Sections 6.c. and 6.f.).
e. Acceptable Conditions of Work.--The law mandates 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 established its own minimum wage. For example, public sector
employees, the largest group of wage earners, earned a minimum wage of
approximately $22 (175 birr) per month; employees in the banking and
insurance sector had a minimum wage of $25 (200 birr) per month.
According to the Office of the Study of Wages and Other Remuneration,
these wages were insufficient to provide a decent standard of living
for a worker and family. Consequently most families needed to have at
least two wage earners to survive, which forced many children to leave
school early. In addition, only a small percentage of the population
was involved in wage labor employment, which was concentrated largely
in urban areas.
The Labor Law stipulates a 48-hour legal workweek, consisting of 6
days of 8 hours each, with a 24-hour rest period. However, it was not
enforced effectively, and in practice, most employees worked a 40-hour
workweek consisting of 5 8-hour days.
The Government, industry, and unions negotiated to set occupational
health and safety standards; however, the inspection department of the
Ministry of Labor and Social Affairs enforced these standards
ineffectively, due to a lack of human and financial resources.
Enforcement also was inhibited by a lack of detailed, sector-specific
health and safety guidelines. Workers had the right to remove
themselves from dangerous situations without jeopardizing their
employment; however, most workers feared losing their jobs if they were
to do so.
The law also protects foreign workers.
f. Trafficking in Persons.--The law and the Constitution prohibit
trafficking in persons; however, there were numerous reports that
persons were trafficked to, from, and within the country. Child
prostitution was a problem, especially in urban areas. The criminal
code applied only to women and children trafficked for the purposes of
prostitution; such trafficking was punishable by up to 5 years
imprisonment and a fine of $1166 (10,000 birr). Various laws prohibit
trafficking and provide for fines and prison sentences of up to 20
years. During the year, 80 to 100 persons were charged with
trafficking; however, there were no reported prosecutions or
investigations during the year, due in part to limited resources.
There were unconfirmed reports that children from the southern part
of the country were transported into Kenya by child traffickers
operating adoption rings, and adopted as other nationalities. The
Government closed down adoption agencies operating in the country that
failed to observe proper rules and regulations.
The National Steering Committee Against Sexual Exploitation of
Children was chaired by the Children, Youth, and Family Affairs
Department of the Ministry of Labor and Social Affairs. NGOs reported
that girls as young as age 11 were recruited to work in houses of
prostitution where they were kept uninformed of the risks of HIV/AIDS
infection and other sexually transmitted diseases. There were many
press reports of the large-scale employment of children, especially
underage girls, as hotel workers, barmaids, and prostitutes in resort
towns and rural truck stops. There were no reported cases that poor
rural families sold their young teenage daughters to hotel and bar
owners on the main truck routes; however, the practice was believed to
exist. Social workers noted that young girls were prized because their
clients believed that they were free of sexually transmitted diseases.
The unwanted infants of these young girls usually were abandoned at
hospitals, police stations, welfare clinics, and adoption agencies.
Pervasive poverty, migration to urban centers, early marriage, HIV/AIDS
and sexually transmitted diseases, and limited educational and job
opportunities aggravated the problem of children engaged in commercial
sexual exploitation. There were several NGOs that aided child victims,
including the Forum on Street Children-Ethiopia, which provided shelter
and protection for children forced into prostitution or commercial
sexual exploitation.
There was evidence that children were trafficked from rural areas
to Addis Ababa, lured by false promises of employment. Although
illegal, the abduction of women and girls as a form of marriage still
was practiced widely in Oromiya regions and the SNNPRS (see Section 5).
Private entities arranged for overseas work and, as a result, the
number of women sent to Middle Eastern countries, particularly Lebanon,
Saudi Arabia, Bahrain, and the United Arab Emirates, as domestic or
industrial workers increased significantly during the year. These
Ethiopian women typically were trafficked through Djibouti, Yemen, and
Syria. In 2001 there were reports that Syrian border police shot three
women, killing one and injuring two, as they attempted to cross the
border from Lebanon. The Chief of the Investigation and Detention
Center in Lebanon reported that 20,000 to 25,000 Ethiopian women worked
in Beirut, a majority of whom were trafficked. Approximately 50 percent
of these women were not able to return legally to their home country.
There reportedly was a network of persons based in the tourism and
trade sectors who were involved heavily in soliciting potential
clients, recruiting young girls, arranging travel, and fabricating
counterfeit work permits, travel documents, and birth certificates.
There were reports from the EWLA that some domestic workers abroad were
subjected to abusive conditions, including sexual exploitation. In
addition, the employers of domestic laborers sometimes seized
passports, failed to pay salaries, and overworked their employees. Some
domestics were forced to work for their employers' relatives without
additional pay. Domestics were forced to pay a monetary penalty for
leaving their employment early. Reports of abuse decreased after the
Ministry of Labor and Social Affairs began reviewing the contracts of
prospective domestic workers and denying exit visas if the contracts
did not appear satisfactory.
Training programs were implemented for police officers on the
criminal aspects of trafficking. These institutions have limited
resources and jurisdiction to protect or intervene in cases of
prosecution of offending employers.
There were some government initiatives during the year to combat
trafficking, including government consultation with IOM to try to
resolve the problem. The Ministry of Labor and Social Affairs had
limited success in regulating employment agencies that sent migrant
workers to Middle Eastern countries. Many illegal employment agencies
escaped government scrutiny and continued to operate freely. There was
a consulate in Beirut to assist women who were trafficked to Lebanon.
The federal police's Women's Affairs Bureau, in collaboration with the
media, created a public awareness program on the dangers of migrating
to Middle Eastern countries.
__________
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. PDG leader El Hadj Omar Bongo,
President since 1967, was reelected for another 7-year term in 1998.
The 1998 presidential election was marred by irregularities. Members of
the PDG and allied parties held large majorities of seats in both
chambers of the national legislature comprised of the directly elected
National Assembly and the Senate, members of which were chosen by
municipal and regional government officials. Following legislative
elections in December 2001 that were marred by numerous irregularities,
in April the Constitutional Court annulled the election results in 12
districts. In May legislative by-elections were held and resulted in
107 National Assembly seats for the PDG and allied parties and 13 for
the opposition. The PDG won approximately 85 percent of the seats in
nationwide municipal elections held, after several delays, in December.
The municipal elections were marked by extremely low voter turnout. The
judiciary was independent in principle but remained subject to
government influence.
The national police, subordinate to the Interior Ministry, and the
Gendarmerie, subordinate to the Defense Ministry, primarily were
responsible for domestic law enforcement and public security. Elements
of the armed forces and the ``Republican Guard,'' an elite, heavily
armed unit that protects the President, sometimes performed internal
security functions; both were subordinate to the Defense Ministry. The
anti-gang unit proposed in 2001 never became operational. During the
year, security forces continued to conduct ``sweep'' operations
intended to detain bandits. Members of the security forces occasionally
committed human rights abuses.
The country's economy lacked diversity and was heavily dependent on
foreign trade; its population was approximately 1.2 million. The
Government dominated much of the economy through oil refining,
telecommunications, and timber export parastatals; 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. The oil industry
generated nearly half of recorded gross national product that gave the
country's citizens a relatively high standard of living. A third of the
country's citizens live in the capital, Libreville, along with many
immigrants from poor African countries, who work chiefly in the
informal and service sectors. Income distribution remained heavily
skewed in favor of urban dwellers and a small economic elite, while the
rural population continued to receive relatively few social services.
The Government's human rights record remained poor; and it
continued to commit serious abuses. The Government continued to limit
the ability of its citizens to change their government. Outstanding
cases of extrajudicial killings by security forces remained unresolved.
The security forces beat and tortured prisoners and detainees, prison
conditions remained harsh and life threatening, arbitrary arrest and
detention were problems, the judiciary remained subject to government
influence, and authorities routinely infringed on citizens' privacy
rights. The Government continued to restrict freedom of the press and
movement. Violence and societal discrimination against women continued
to be problems. Forced labor remained a problem, and there were reports
of trafficking in children.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents during the year. Outstanding cases of
extrajudicial killings committed by the security forces in previous
years are unlikely to be resolved.
There was no action taken, nor is any likely to be, against a
police officer who shot and killed an unarmed 16-year-old youth after
an altercation between the boy and a taxi driver in April 2001.
Unlike in previous years, there were no reports that gendarmerie or
regular army troops killed persons.
A small number of ritualistic killings reportedly were committed
during the year. No official connection to the murders was established,
and the Government publicly criticized the practice (see Section 1.c.).
In February a 17-year-old boy was mutilated and killed by nine
acquaintances during a hunting trip in Tchibanga. The nine were
arrested and reportedly accused a deputy in the National Assembly of
having paid them to obtain the boy's body parts for ritualistic use to
aid him in the April legislative elections. The suspects later were
convicted and sent to prison. No charges were brought against the
deputy. No further action was expected in the case.
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,
security forces sometimes beat or tortured prisoners and detainees as
punishment and to extract confessions. There were unconfirmed reports
in the African immigrant community that police and soldiers
occasionally beat noncitizen Africans during operations to round up and
deport illegal immigrants (see Section 1.f.); however, there were no
reports of rapes during the year.
Unlike in the previous year, police did not injure demonstrators;
however, in December 2001, police injured strikers (see Section 6.b.).
Concerned organizations claimed that government officials employed
trafficked foreign children as domestic workers and also alleged that
government officials might be involved in facilitating trafficking in
children (see Section 6.f.).
There were occasional incidents of violence in which practitioners
of some traditional indigenous religions inflicted bodily harm on other
persons (see Section 1.a.). However, the details of these incidents
were uncertain. Such actions often appeared to occur in connection with
elections. The Ministry of the Interior maintained that violence and
bodily harm to others in the practice of a traditional religion was a
criminal offense and was prosecuted vigorously, although most reported
incidents did not result in arrests or prosecution.
Conditions in most prisons were harsh and life threatening.
Sanitation and ventilation were poor, and medical care was almost
nonexistent. Prisons provided inadequate food for inmates. Women were
held separately from men, juveniles were held separately from adults,
and pretrial detainees were held separately from convicted prisoners.
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 in past years.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, the Government did
not observe these prohibitions. The law provides for up to 48 hours of
initial detention, during which period police must charge a detainee
before a judge. However, in practice police rarely respected this
provision. Charges often were not filed expeditiously, and persons
often were 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 was not
restricted in practice. Detainees have the right to an expeditious
trial, as defined by the law. Pretrial detention was 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 was common. A local attorney estimated
that approximately 40 percent of persons in custody are pretrial
detainees.
Members of the security forces frequently detained individuals at
roadblocks under the guise of checking vehicle registration and
identity papers of occupants. The security forces generally used such
operations to extort money.
The law prohibits forced exile, and the Government did not use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, while the judiciary generally was
independent in principle, it remained subject to government influence.
The judicial system includes the regular courts, a military
tribunal, and a civilian High Court of Justice. 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. In
some areas, minor disputes may be taken to a local chief, but the
Government does not recognize such decisions. The High Court of
Justice, 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.). After striking for most of 2001, court clerks returned
to work in October 2001 and did not strike during the year.
The Constitution provides for the right to a public trial and the
right to legal counsel. These rights generally were respected in
criminal cases. Nevertheless, procedural safeguards were lacking,
particularly in state security trials, where a judge may deliver an
immediate verdict of guilty at the initial hearing if the Government
presents sufficient evidence.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government did not respect these prohibitions in practice. As part of
criminal investigations, police may request search warrants from
judges, which they obtained 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.
Police and security forces conducted warrantless searches (sweeps)
for illegal immigrants and criminals (see Section 1.c.). Soldiers
stopped and searched vehicles at roadblocks, and soldiers and police
conducted house-to-house searches in impoverished neighborhoods. Police
frequently stopped vehicles to extort bribes.
In July the Government destroyed makeshift houses in a fishing
village near Libreville and deported approximately 720 West Africans.
Although some occupants had a legal right to reside in the country, the
Government characterized its actions as a fight against insecurity and
increasing crime in the country. The village was targeted after
incidents in which small boats attacked and robbed merchant vessels
anchored in Libreville's port.
Government authorities routinely monitored 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; however, although citizens
generally continued to speak freely and criticize the Government, the
Government continued to restrict press freedom. Legislators in the
National Assembly openly criticized government policies, ministers, and
other officials.
The only daily newspaper published was the state-affiliated
L'Union. Approximately nine privately owned weekly or monthly
publications in newspaper format, which represented independent views
and those of various political parties, appeared during the year;
however, most appeared irregularly due to financial constraints and, in
two cases, to government suspension of their publication licenses. All
newspapers--including the state-affiliated L'Union--actively criticized
the Government and political leaders of all parties. Most also
criticized the President.
Journalists are subject to the Communications Code, a law that
specifies their rights and responsibilities. Libel can be either a
criminal offense or a civil matter. The law authorizes the Government
to initiate criminal libel prosecution against persons for libeling
elected government officials; it also authorizes the State to
criminalize civil libel suits. In previous years, the Government used
prosecutions for civil and criminal libel against journalists to
restrict freedom of expression, especially criticism of the Government;
however, there were no reports that the Government targeted individual
journalists during the year.
In December 2001, the Government promulgated a new Communications
Code proposed by the National Communications Council (CNC), a
government agency subordinate to the Communications Ministry. The Code
further restricts press freedom by expanding the scope of criminal
libel laws in the name of protecting ``dignity of the person.'' It
stipulates that penalties for libel and other offenses include a 1- to
3-month publishing suspension for a first offense and a 3- to 6-month
suspension for repeat offenses. Editors and authors of libelous
articles can be jailed for 2 to 6 months and fined $700 to $7,000
(500,000 to 5 million CFA francs). In September the CNC suspended
publication of two independent, satirical newspapers, Misamu and
Gabaon, for stories alleging the theft of $5 million (3 billion CFA
francs) from the public treasury and criticizing the Senate president,
respectively. Three other independent newspapers, La Lowe, Nganga, and
Le Scribouillard, were given official warnings by the CNC for the lack
of respect for citizens' privacy and attacks on the integrity of
members of the Government.
La Griffe, a Libreville-based satirical weekly newspaper remained
closed during the year, and Dorothee Ngouoni, an editor at La Griffe
who left the country in 1999 after she was convicted of defamation,
remained abroad. Raphael Ntoutoume Nkoghe and Michel Ongoundou Loundah
both were able to practice journalism.
In November 2001, Germain Ngoyo Moussavou, the editor-in-chief of
L'Union newspaper, was fired after he published editorials criticizing
the Minister of Interior's handling of preparations for the 2001
legislative elections; however, in February he was appointed as a
political adviser to the President.
The Government owned and operated two radio stations that broadcast
to all areas of the country. Much of their news coverage concerned the
activities of government officials; however, their editorials sometimes
were critical of specific government policies and of specific
government ministers.
Financial considerations and election preparations resulted in
fluctuations in the number of radio stations that operated. At year's
end, approximately six privately owned radio stations operated in the
country; most were apolitical. The Government owned and operated two
television stations, RTG-1 and RTG-2. There were three privately owned
television stations.
The Government did not interfere with domestic reception of
broadcasts of international radio stations, including Voice of America.
Radio France International broadcast locally. Foreign newspapers and
magazines were available widely.
The Government did not restrict access to or use of the Internet.
At year's end, there were three Internet service providers in the
country, one state-owned and the others privately owned. In urban
areas, there were public facilities that provided relatively affordable
access to the Internet.
The Government did not restrict academic freedom, including
research; however, the Government shut down the country's only State-
funded universities because of strikes. The universities officially
reopened in December (see Section 6.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. The law requires that
groups obtain permits for public gatherings in advance, and the
Government usually granted them.
Unlike in the previous year, police did not forcibly disperse
demonstrations.
c. Freedom of Religion.--The Constitution provides for religious
freedom, and the Government generally respected this right in practice.
Some Protestants alleged that the Government television station
accorded free air time to the Catholic Church but not to minority
religious groups. Others alleged that the armed forces favored Roman
Catholics and Muslims in hiring and promotions.
The Ministry of the Interior maintained an official registry of
religious groups; however, it did not register traditional religious
groups. The Government did not require religious groups to register but
recommended that they do so in order to assemble with full
constitutional protection. No financial or tax benefit was conferred by
registration. The Government has refused to register approximately 10
religious groups, including Jehovah's Witnesses. A 1983 decree banning
Jehovah's Witnesses, which the Government promulgated on the grounds
that Jehovah's Witnesses allegedly do not protect adequately
individuals who might dissent from the group's views, remained in
effect; however, in practice the Government allowed members of
Jehovah's Witnesses to meet and practice their religion. The Government
has made uncorroborated claims that it permits Jehovah's Witnesses to
proselytize.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government frequently restricted them in practice.
There were no legally mandated restrictions on internal movement.
Police and gendarmes continued to stop travelers frequently 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 (see
Section 1.f.). They extorted bribes and demanded services with the
threat of confiscation of residency documents or imprisonment.
Residency permits cost up to $150 (100,000 CFA francs), and first time
applicants also must provide the cost of a one-way air ticket to their
country of origin. In theory, but usually not in practice, the
Government refunds the cost of the air ticket when the individual
departs the country permanently.
The Government agency that controls immigration intermittently
enforced an internal regulation requiring married women to have their
husbands' permission to travel abroad. An exit visa was not required
for citizens to travel abroad; however, noncitizens resident in the
country must obtain a visa in order to leave and return. There were
reports by citizens that government authorities with no explanation
regularly refused to issue passports for travel abroad.
Individuals alleged that they encountered unreasonable delays in
obtaining passports.
Police and security forces conducted warrantless searches (sweeps)
for illegal immigrants and criminals (see Section 1.f.). There were
unconfirmed reports that police occasionally beat and raped noncitizen
Africans during operations to assemble and deport illegal immigrants.
In July the Government destroyed makeshift houses in a fishing
village near Libreville and deported approximately 720 West Africans
(see Section 1.f.).
Dozens of victims of child trafficking were repatriated with
assistance from nongovernmental organizations (NGOs) and the embassies
of their countries of origin (see Section 6.f.).
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 generally cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
also provided first asylum. The Government strictly controlled the
process of refugee adjudication. At year's end, approximately 12,000
refugees remained in the country. In September 2001, representatives of
the Government, the Government of the Republic of the Congo, and the
UNHCR signed a tripartite repatriation agreement providing for the
return of Congolese refugees from the country. By year's end, 180
Congolese refugees had been repatriated with UNHCR assistance. During
the year, some refugees from the Republic of the Congo voluntary
repatriated themselves.
There were no reports of the forced returned 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; however, mismanagement and serious
irregularities in both the 1998 presidential elections and the December
2001 legislative elections limited severely this right 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 in 1990.
The country is dominated by a strong Presidency. The President can
veto legislation, dissolve the national legislature, call new
elections, and issue decrees while the legislature is not in session
that have the force of law. The legislature generally has approved
legislation presented to it by the President but on occasion 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.
President Bongo, who has been President since 1967, was reelected
for another 7-year term in a December 1998 election marred by
irregularities that generally favored his incumbency, including
incomplete and inaccurate electoral lists and the use of false
documents to cast multiple votes.
Elections for the National Assembly, the lower house of the
bicameral legislature, are held every 5 years. The December 2001
National Assembly elections were marred by numerous irregularities,
including the boycotting of the first round by nine opposition parties.
International observers reported that the elections were marked by
organizational flaws and ``insufficient and dysfunctional'' application
of the electoral law. The Constitutional Court in April annulled the
election results in 12 districts, citing candidates or their
representatives for stuffing ballot boxes, falsifying results
documents, and bribing or threatening voters. In May legislative by-
elections were held to fill the affected seats, which resulted in the
PDG and allied parties holding 107 and the opposition holding 13 seats
in the National Assembly.
The ability of citizens to choose their subnational governments
remained 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
were elected; however, municipal governments have limited financial
autonomy and depend heavily on funding from the central government.
After three delays prompted primarily by the Government's lack of
funds, country-wide municipal elections were held in December. Though
the ruling PDG party won some 85 percent of all seats, the level of
voter abstention was extreme, reaching 100 percent in some precincts.
The Senate, the upper house of the bicameral national legislature,
was created in 1996, with first elections for Senators in 1997.
Municipal and regional government officials elect all 91 senators, who
serve 6-year terms. The next senatorial elections were scheduled for
February 2003.
Major opposition parties included the National Lumberjack Assembly-
Gabonese People's Assembly (RNB-RPG) and the Gabonese Progressive Party
(PGP). The RNB-RPG's political base was in the northern province of
Woleu-Ntem inhabited chiefly by members of the Fang ethnic group, and
in Libreville neighborhoods with many Fang residents, although the
party attracted some support from other regions and ethnic groups. The
PGP enjoyed strong support in Port Gentil, the center of the country's
petroleum industry, and among the Myene ethnic group. Ideological
splits and rivalries limited the effectiveness of the PGP.
There were no restrictions on the participation of women and
minorities in politics. At year's end, 11 of 120 members of the
National Assembly, 12 of 91 senators, and 5 of 43 government ministers
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 allowed the existence of independent
human rights groups, and the few that are active advocate mostly on
behalf of women, children, persons with disabilities, and the homeless.
In January the Government created a Ministry of Human Rights and
appointed an opposition leader as minister of state to head it.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution forbids discrimination based on national origin,
race, gender, or opinion; however, the Government did not enforce these
constitutional provisions uniformly, and there was considerable
discrimination against women, especially in domestic affairs. The
Government also has provided a lower level of health care and
educational services to children of families of other African
nationalities than it provided to citizens.
Women.--Domestic violence against women was believed to be common,
especially in rural areas; however, there were few reports during the
year. Although rape is not known to be a chronic problem, government
and NGO workers reported cases of minor female domestic workers (often
victims of trafficking) who were sexually molested by employers. Police
rarely intervened in such incidents, and women virtually never filed
complaints with civil authorities. Only limited medical and legal
assistance was available.
Female genital mutilation (FGM) occurred among the resident
population of expatriate Africans. There were no laws against FGM, but
according to local women's groups, it was not practiced on Gabonese
girls.
The law provides that women have rights to equal access in
education, business, and investment. Women owned businesses and
property, participated in politics, and worked throughout the
Government and the private sector. Nevertheless, women continued to
face considerable societal and legal discrimination, especially in
rural areas.
By law couples must stipulate at the time of marriage whether they
intend to adhere to a monogynous or a polygynous relationship;
polygynous marriages were more common. For monogynous married couples,
a common property law provides for the equal distribution of assets
after divorce. In a polygynous marriage, a husband is obligated to give
all wives the same level of financial support; however, he may marry
additional wives without permission from his existing wives. Wives who
leave polygynous husbands receive half of their existing support as a
one-time payment. In inheritance cases, the husband's family must issue
a written authorization before his widow can inherit property. Common
law marriage, which was accepted socially and practiced widely, affords
a woman no property rights.
A regulation requires that a woman obtain her husband's permission
to travel abroad; however, this requirement was not enforced
consistently.
Children.--The Government has used oil revenue to build schools,
pay teachers' salaries, and promote education, even in rural areas;
however, the upkeep of schools and payment of teachers has declined in
recent years. Education is compulsory until age 16 and generally is
available through sixth grade. However, fewer than half of secondary
school-age children attended school. Secondary school attendance rates
for immigrant children were likely to be lower, although public schools
accepted immigrant children, and the Government encouraged them to
attend. Education was free except for miscellaneous expenses such as
books and other school supplies. According to a U.N. agency, 64 percent
of women were literate in 1998, compared with 78 percent of men.
The country has a relatively high infant mortality rate, and only
approximately 16 percent of children have been vaccinated. Although
international donors worked to improve the situation, the Government
allocated few resources for vaccines and the logistical support
necessary to administer them. Children remained the responsibility of
the extended family--including aunts, grandmothers, and older siblings.
There was little evidence of physical abuse of children, although there
were some reports that girls were sexually abused by family members
after reaching puberty. The law provides for protection against child
labor and sexual and physical abuse.
FGM was performed on girls in the resident population of expatriate
Africans (see Section 5, Women).
There was concern about the problems facing the large community of
children of African noncitizens. Almost all enjoyed far less access to
education and health care than did children of citizens; some were
victims of child trafficking and abuses (see Sections 6.d. and 6.f.).
Persons with Disabilities.--There are no laws that prohibit
discrimination against persons with disabilities or that provide for
access to buildings or services; however, there were no reports of
official discrimination against persons with disabilities. There was no
known societal discrimination against persons with disabilities.
Indigenous Persons.--The Baka (Pygmies) are the earliest known
inhabitants of the country. Several thousand Pygmies live in the
country, most in large tracts of still-intact rain forest in the
northeast. The law grants them the same civil rights as other citizens.
Pygmies largely were independent of formal authority, keeping their own
traditions, independent communities, and local decision-making
structures. Pygmies did not participate in government-instituted
programs that integrated many small rural villages into larger ones
along major roads. Pygmies suffered societal discrimination, often
lived in extreme poverty, and did not have adequate access to public
services. There were no specific government programs or policies to
assist or hinder Pygmies.
In 2001 a local NGO conducted a study, funded by UNICEF, of the
Bukoya Pygmy population in the northeastern part of the country. NGO
workers visited more than a dozen villages and found that most Pygmies
there lived in conditions tantamount to slavery, working on plantations
for ``masters'' for one plate of rice and a few cents per day. The NGO
described the children born to Pygmy families in these situations as
the ``property'' of the master. A typical family lives on 13 cents per
day. Pygmies who complained about their situations often were beaten.
National/Racial/Ethnic Minorities.--The country's citizen
population included several ethnic groups, each of which generally
speaks a distinct primary language and is concentrated in an
identifiable area of the country. There was no majority ethnic group;
the largest ethnic group was the Fang, which makes up more than 30
percent of the population and is concentrated in the north. Other major
ethnic groups included the Myene, the Bapunu, the Bakwele, the Obamba,
and the Nzebi.
There was some correlation between ethnic and political divisions.
Support for the ruling party was 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 in 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 private
sector workforce was 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. There were many independent unions,
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).
The Gabonese Labor Confederation (COSYGA) continued to be affiliated
with the Government but has criticized publicly some government
policies it perceived as contrary to labor interests. The Labor Code
provides extensive protection of worker rights.
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.
Unions and confederations were free to affiliate with international
labor bodies and participate in their activities. COSYGA was affiliated
with the Organization of African Trade Union Unity, while the CGSL was
affiliated with the International Confederation of Free Trade Unions.
Both COSYGA and CGSL had 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.
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.
In November 2001, the Libreville city hall workers union,
Solidarity, went on strike to protest poor management, inadequate
working materials, and discriminatory pay. In December 2001, the police
attempted forcibly to disperse the strike and injured four workers. In
February the Government ended the strike through mediation, offering
compensation and agreeing to revisit other grievances at a later date.
In November 2001, the National Union of Teachers and Researchers
organized the union's first coordinated strike in Libreville and
Franceville to demand salary increases and improved working conditions
in the country's two universities. Approximately 12,000 university
students in both cities joined the union in protest. In January the
Government shut down both state-funded universities and placed union
members on paid suspension. The universities officially reopened in
December.
In March workers at the Cora Wood company in Port Gentil staged a
3-day strike to protest the non-payment of indemnities promised them
after the buyout of their former company, Gabon Forest. The strikers
erected barricades and blocked all other lumber companies from shipping
timber through the city harbor. The police monitored the strike but did
not intervene. The Prime Minister mediated an agreement between workers
and company that included payment of indemnities.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor; however, there were reports that such practices
occurred, including by children. Some Pygmies reportedly lived in
conditions tantamount to slavery (see Section 5).
Forced child labor was a problem. Children--in particular immigrant
children--were forced to work as domestic servants or in the informal
commercial sector (see Sections 6.d. and 6.f.).
The Government cooperated with UNICEF and the International Labor
Organization (ILO) to combat forced child labor and child trafficking
(see Section 6.f.).
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 enforced this law with respect to
citizen children, and there were few citizens under the age of 18
working in the modern wage sector. However, a significant number of
foreign children worked in marketplaces or performed domestic duties.
These children generally did not go to school, received only limited
medical attention, and often were the victims of exploitation by
employers or foster families. Laws forbidding child labor theoretically
extended protection to foreign children as well, but abuses often were
not reported. A 2001 ILO study estimated that the number of
economically active children between the ages of 10 and 14 years was
19,000 to 20,000, but the actual number was difficult to quantify since
most children worked in the informal sector.
The Legal Code stipulates fines and prison sentences for violations
of the minimum age for working. The Ministry of Justice was responsible
for implementing and enforcing child labor laws and regulations.
Inspectors from the Ministry of Labor were responsible for receiving,
investigating, and addressing child labor complaints; however, the
inspection force was inadequate, complaints were not investigated
routinely, and violations were not addressed adequately.
The Government prohibits forced and bonded child labor; however
forced child labor was a problem (see Section 6.f.).
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. 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
approximately $91 (60,000 CFA francs); government workers received an
additional monthly allowance of $30 (20,000 CFA francs). Government
workers also received transportation, housing, and family benefits;
however, the law does not mandate housing or family benefits for
private sector workers. In view of the high cost of living, the minimum
wage does not provide a decent standard of living for a worker and
family.
The code stipulated a 40-hour workweek with a minimum rest period
of 48 consecutive hours. Employers must compensate workers for overtime
work. All companies in the modern wage sector paid competitive wages
and granted generous fringe benefits required by law, including
maternity leave and 6 weeks of annual paid vacation.
The Ministry of Health established occupational health and safety
standards, but it did not enforce or regulate them effectively. The
application of labor standards varied greatly from company to company
and between industries. In the formal sector, workers may remove
themselves from dangerous work situations without fear of retribution.
The Government reportedly did not enforce Labor Code provisions in
sectors where the bulk of the labor force was foreign. Foreign workers,
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 required 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.
f. Trafficking in Persons.--No law specifically prohibits
trafficking in persons; however, trafficking in children was a serious
problem. The Government did not actively investigate cases of
trafficking and has not prosecuted any cases against traffickers. There
were reports that some trafficked women and children were sexually
abused.
In August 2001, the Council of Ministers proposed a law that would
prohibit the trafficking and exploitation of children. In April the
National Assembly refused to vote on the law for technical reasons and
returned it to the Government for correction and resubmission. At
year's end, it had not been resubmitted. Although the Government
maintained that existing laws provided adequate legal grounds, no one
was prosecuted for trafficking by year's end.
In January the Government used child labor laws to prosecute a
Malian woman for brutally and repeatedly beating a child-trafficking
victim who was working for her. The perpetrator was fined $200 (120,000
CFA francs), ordered to pay $600 to a trafficking victim's shelter, and
sentenced to 1 year in prison. The woman was believed to have fled the
country before the sentence could be enforced.
Children (especially girls) were trafficked into the country,
primarily from Benin and Togo, for use as domestic servants or in the
informal commercial sector. Some of the children suffered sexual abuse.
Nigerian children were trafficked to the country primarily to work in
the informal commercial sector.
Concerned organizations claimed that government officials employed
trafficked foreign children as domestic workers, and also alleged that
government officials might be involved in facilitating child
trafficking.
In March the Government, the European Union, and an Italian NGO
established a shelter for trafficking victims. Although in October
UNICEF offered to establish a nationwide help line for victims, the
Government had not provided employees to staff the telephones at year's
end. Trafficking victims were not detained or deported. The Government
had an informal cooperative relationship with NGOs providing services
to victims.
An interministerial committee comprised of representatives from the
Labor, Justice, Foreign Affairs, and Family Ministries was involved in
antitrafficking efforts. The Government cooperated with UNICEF programs
aimed at discouraging trafficking.
In March the Government, UNICEF, and the ILO hosted a second
regional crossborder trafficking conference at which attendees from 14
countries agreed to a list of ``General Principles'' as a basis for
future discussions and bilateral agreements. In May the Government and
the ILO launched a 3-year project on the prevention of child
trafficking and child labor in the country.
__________
THE GAMBIA
The Gambia is a republic under multiparty democratic rule.
President Alhaji Yahya A.J.J. Jammeh was reelected president for 5
years in October 2001, in an election the results of which the
opposition initially accepted and observers considered generally free
and fair, despite some shortcomings. Observers considered the January
legislative elections and the April local election generally free and
fair; however, the coalition of the largest opposition parties
boycotted both elections. President Jammeh's political party, the
Alliance for Patriotic Reorientation and Construction (APRC), won the
majority of the National Assembly and the majority of the local council
seats. The multiparty opposition remained weak and divided. Unlike in
the previous year, the Government did not rely on the security forces
to implement its policies. The Constitution provides for an independent
judiciary; although the courts have demonstrated their independence on
occasion, the judiciary, especially at lower levels, reportedly was
subject to executive branch pressure and corruption.
The Gambian Armed Forces reported to the Secretary of State for
Defense, a position that was held by the President. The police reported
to the Secretary of State for the Interior. The National Intelligence
Agency (NIA) reported directly to the President but otherwise was
autonomous. The NIA was charged with protecting state security by
conducting intelligence and covert investigations. These forces
generally were responsive to the Government; however, they occasionally
acted without direct orders. While civilian authorities generally
maintained effective control of security forces, there were a few
instances in which elements of the security forces, particularly the
NIA, acted independently of government authority. Some members of the
security forces committed human rights abuses.
The economy was market oriented with encouragement for private
enterprise, and a rapidly growing population of approximately 1.4
million. Much of the population was engaged in subsistence farming. The
country's farmers, a majority of whom were women, grow rice, millet,
corn, and groundnuts (peanuts), the country's primary export crop. The
high population growth rate has diluted the positive effects of modest
economic expansion. Late rains decreased crop yields, hampered economic
growth, and increased the country's burden of debt during the year. Per
capita gross domestic product was estimated to be $330.
The Government generally respected the human rights of its
citizens; however, there were serious problems in some areas. Citizens
exercised their right to change their government in the January
legislative elections and the March local government elections, which
most observers considered relatively free and fair. Unlike in the
previous year, security forces did not commit unlawful killings.
Security forces harassed or otherwise mistreated journalists,
detainees, prisoners, and opposition members. Prison conditions
remained good, and the Government took steps to improve conditions at
prisons during the year. Security forces arbitrarily arrested and
detained citizens on a few occasions, particularly opposition
politicians and journalists. There were reports of incommunicado
detention. There was one known political prisoner. The Government at
times infringed on citizens' privacy rights. The Indemnity law allows
the President to make someone immune from prosecution for acts
committed during any unlawful assembly, public disturbance, riotous
situation, or period of public emergency. The Government limited
freedom of the press, and security forces at times arrested and
detained persons who publicly criticized or who published embarrassing
or inaccurate stories about the Government. During the year, the
Parliament passed a National Media Commission Bill, which further
regulated and restricted freedom of speech and of the press.
Journalists practiced self-censorship. The Government at times
restricted freedom of assembly and association. The Government at times
enforced restrictions on freedom of movement. In January President
Jammeh invited former President Dawda Jawara to return to the country.
Jawara previously remained outside the country under threat of arrest
and detention on corruption charges. On June 1, President Jammeh
received former President Jawara at State House. During the year, the
country provided first asylum for several thousand refugees from
Senegal. Violence and discrimination against women persisted. The
practice of female genital mutilation (FGM) was widespread and
entrenched. Child labor was a problem, and there were some instances of
child prostitution.
RESPECT FOR HUMAN RIGHTTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
previous year, there were no reports that security forces committed
unlawful killings.
Unlike in the previous year, there were no reports that security
forces shot and killed persons at checkpoints. No action was taken, nor
is any likely, in the following 2001 cases: The January killing of
Bakary Cessay; or the October killing of Hussein Wasni; or the October
killing of Ousman Cessay.
No action was taken, nor is any likely, in the January 2000 killing
of two military personnel.
In 2001 the Government established a commission to examine the
findings of a coroner's inquest into the killings of 14 persons by
security forces in April 2000; however, the Government rejected the
commission's findings and decided that no one would be prosecuted (see
Section 1.c.). The 2001 Indemnity Law protected individuals from
prosecution or legal action by the families of the victims.
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 government officials employed them. There continued to
be reports that security forces mistreated detainees; however, there
were no reports that prisoners or opposition supporters were tortured
while in detention.
Police officers harassed journalists during the year (see Section
2.a.).
Unlike in the previous year, there were no reports that security
forces shot and injured several persons (see Section 1.a.) or that
police harassed and detained citizens and foreigners at gunpoint.
Unlike in the previous year, President Jammeh did not threaten
opposition members.
No action was taken against the responsible members of the security
forces who beat or otherwise abused persons in the following 2001
cases: The February beating of John Seneise; the April beating of 17-
year-old Sukuta Secondary student, Brian Secka; and the June beating of
three athletes from Kanifing after a volleyball match.
No action was taken against those responsible for election violence
in 2001.
No action was taken against the responsible members of the security
forces who beat or otherwise abused persons in the following 2000
cases: The January mistreatment of Ousman Ceesay or the May beating of
a journalist from the Democratic Republic of the Congo.
In January 2001, following the submission of the Government
commission's report on the killing of 14 students by security forces in
April 2000, the Government announced that it disagreed with the
recommendations of the commission and, in the spirit of reconciliation,
nobody would be prosecuted. In April 2001, after a heated debate, the
National Assembly approved a very controversial Indemnity Bill, which
was backdated to January 2000. The coalition of lawyers and some
National Assembly members who disagreed with the bill said that the
bill, which was passed to amend the Indemnity Act of 1982, would deny
persons their right of access to justice. The bill read: ``The
President may, for the purpose of promoting reconciliation in an
appropriate case, indemnify any person he may determine, for any act,
matter or omission to act, or things done or purported to have done
during any unlawful assembly, public disturbance, riotous situation or
period of public emergency.'' In May 2001, the President signed the
bill, despite a general outcry and petitions from human rights
organizations. The legislation prevents those affected, including
parents of children killed in April 2000, from seeking redress in any
court in the country.
There were no reports of violence related to the January
legislative elections.
Conditions at Mile 2, Janjanbureh, and Jeshwang prisons remained
spartan but adequate. The International Committee of the Red Cross
(ICRC) visited Mile 2 and Jeshwang prison during the year and found
that the conditions were good. Prisoners received three meals a day,
each prison had an infirmary, and outside doctors were brought in to
provide additional medical care when required. However, the ICRC also
noted that the psychological conditions of the prisons were ``hard'';
for example, maximum security prisoners were confined to small,
individual cells for 21 hours a day and were allowed few family visits.
The Prison Department organized a Prison Rehabilition Week (PRW), which
focused public attention on the prisoners and raised funds for skills
training for prisoners. The program also targeted female and juvenile
prisoners.
There were credible reports of beatings and malnourishment of
detainees; however, there were no reports of harsh treatment of long-
term prisoners. Local jails continued to experience overcrowding.
Inmates, including detainees awaiting charges and those who were
charged and awaiting trial, occasionally had to sleep on the floor;
they were provided with mats or blankets. Police were reluctant to
terminate fistfights between prisoners until the dispute was settled,
and many of the prisoners were injured. Women, juveniles, and pretrial
detainees were housed separately. There was no separate section or
facility for political prisoners; there was only one known political
prisoner.
Unlike in previous years, local nongovernmental organizations
(NGOs) generally were permitted to visit prisons upon request.
Representatives from the African Commission on Human and Peoples Rights
and the ICRC 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, police and security forces arbitrarily arrested and detained
citizens on a few occasions. Periods of detention ranged from a few
hours to 2 weeks. There were reports that some detainees were held
incommunicado.
The Government has not revoked formally military decrees enacted
prior to the 1997 Constitution that give the NIA and the Secretary of
State for the Interior broad power to detain individuals indefinitely
without charge ``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 been subject to
judicial challenge. The Government has stated that it no longer
enforced these decrees; however, in some instances, the Government did
not respect the constitutional requirement that detainees be brought
before a court within 72 hours. Detainees often were released after 72
hours and instructed to report to the police station or NIA
headquarters periodically until their case went to trial. During the
year, many local police stations and the NIA changed their procedures
and practices to satisfy the constitutional requirement that any
detainee be released or charged within 72 hours.
The law requires that authorities obtain a warrant before arresting
a person; however, persons were arrested without them. Detainees were
not always allowed prompt access to family members or a lawyer. There
was a functioning bail system.
Police arrested and detained opposition party supporters; however,
there were no reports of torture in detention. For example, on November
22, police arrested the leader of the UDP, Ousainou Darboe, and two
other UDP members, Shyngle Nyassi and Marong because a judge revoked
their bail in the murder case that has been pending since July 2000. On
November 29, the court again released Darboe on bail. On December 2,
Nyassi and Marong also were released on bail. At year's end, the trial
was scheduled to resume in February 2003.
Security forces detained persons who expressed views in
disagreement with the Government (see Section 2.a.). Security forces
detained journalists during the year (see Section 2.a.). Unlike in the
previous year, there were no reports that religious leaders were
detained.
On June 27, the court acquitted Omar Jallow and his four associates
of eight counts of conspiracy, assault, trespassing, and threatening
violence.
The trials of two UDP supporters charged with breach of peace for
allegedly playing a UDP political rally videocassette on the Bantanto
Community Television remained pending at year's end.
No action reportedly was in the 2001 case of UDP activist Kassa
Jatta; UDP militant Musa Fatty; Alanie Mybally, former vice president
of Gamsu; Dr. Momodou Lamin Manneh, an opposition supporter; Citizen FM
Radio director George Christensen; and Muhammed Lamin Sillah from
Amnesty International. The NIA released all without charge except for
Sillah. Sillah was held incommunicado and released after he was charged
with inciting genocide and confusion and attempting to overthrow the
Government; he was not tried.
There were no developments in the 2000 detention of Ebrima Yabo,
Ebrima Barrow, Momodou Marenah, Dumo Saho, Lalo Jaiteh, and Omar Darboe
on suspicion of attempting to violate state security.
Unlike in previous years, security forces did not detain persons
who expressed views in disagreement with the Government.
In previous years, security forces arrested persons for allegedly
plotting to overthrow the Government. At least one soldier, the alleged
coup leader, arrested in 2000 for plotting to overthrow the Government,
remained in detention at year's end.
The slow pace of the justice system resulted in remand prisoners
waiting long periods in pretrial detention. Approximately 40 of Mile
2's 230 inmates were in detention without a trial. There were no remand
prisoners at Jeshwang Prison, which housed 70 inmates. Most of the
detainees have been in the remand wings of the Mile 2 and Janjanbureh
prisons for more than 4 years without trial.
The Government did not use forced exile. Senior officials of the
former government, including Vice President Saihou Sabally and
Secretary General Abdou Sara Janha, remained outside the country for
fear of harassment or detention but did not face official charges.
Threats were used to prevent these politicians from returning home to
participate in the presidential election, despite the repeal of Decree
89 and the enforcement of the orders of the commissions of inquiries on
the assets of the affected politicians (see Section 3). Former
President Sir Dawda Jawara returned to the country during the year
following a December 2001 invitation from President Jammeh. Jawara
previously remained outside the country under threat of arrest and
detention on corruption charges. On June 1, President Jammeh received
former President Jawara at the state house.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary reportedly at
times was subject to executive branch pressure, especially at the lower
levels. Nevertheless the courts have demonstrated independence on
several occasions, at times in significant cases. For example, in June
the courts ruled that the Government must return the passport of
opposition politician Omar ``O.J.'' Jallow after the Immigration
Department seized it (see Section 2.d.).
The judicial system suffered from corruption, especially at the
lower levels, and from inefficiency at all levels. Many cases were not
heard for months or years because the court system was overburdened and
lacked the capacity to handle the high volume of cases. In an effort to
alleviate the backlog and reduce the possibility of undue influence and
corruption, the Government solicited judges and magistrates from other
Commonwealth countries who share a similar legal system. Despite these
steps, the problem of corruption in the legal system persisted. The
Constitution provides for the right to a fair trial; however, the lack
of resources and widespread corruption limited this right in practice.
The judicial system comprises the Supreme Court, the Court of
Appeal, high courts, and eight magistrate courts. Village chiefs
presided over local courts at the village level. Trials were public,
and defendants had the right to an attorney at their own expense.
Defendants received presumption of innocence; had the right to confront
witnesses and evidence against them; presented witnesses on their own
behalf; and could appeal judgement to a higher court.
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 was observed primarily in Muslim marriage
and divorce matters; and it favored men in its provisions. Christian
and civil marriage and divorce matters were settled by the appropriate
church and the Office of the Attorney General. General law, following
the English model, applied to felonies and misdemeanors in urban areas,
and to the formal business sector.
In 1997 the Court of Appeal overturned the treason convictions and
death sentences of four men accused of leading an abortive coup in
1996. The Government appealed this decision to the Supreme Court, and
the case remained before the Supreme Court at year's end.
Persons have been held for extended periods without trial (see
Section 1.d.).
There was one known political prisoner, a former AFPRC vice
chairman, Lieutenant Sana Sabally, who was serving 9 years at Mile 2
prison in Banjul for conspiring to assassinate the President in 1995.
International and domestic human rights organizations were not
permitted access to him.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such abuses; although the
Government generally respected these prohibitions, in practice there
were some exceptions. The Government has not repealed Decree 45, which
abrogates constitutional safeguards against arbitrary search and
permits search and seizure of property without due process. This decree
formally remained in effect, pending a judicial finding that the decree
is inconsistent with the Constitution. In practice the Government
appeared not to enforce it, but no court case has been brought to test
the decree's constitutionality. In some instances, security forces
forcibly entered homes to arrest citizens without warrants.
Opposition politician Omar ``O.J.'' Jallow alleged that security
forces entered his compound without permission at night to arrest him
when they confiscated his passport and detained him.
Observers believed the Government monitored citizens engaged in
activities that it deemed objectionable.
The Government restricted the right to transfer funds and in
previous years, confiscated the assets of most senior officials of the
former Jawara government.
In April 2000, the Tambakoto village head illegally seized the land
of five UDP activists; the lands had not been returned by year's end.
There were no investigating commissions formed during the year.
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
limited the full exercise of these freedoms by using intimidation and
restrictive media legislation. The Government also employed arrest,
detention, and interrogation to intimidate journalists and newspapers
that published articles that it considered inaccurate or sensitive. As
a result, journalists practiced a significant degree of self-
censorship.
Security forces arrested and detained persons who publicly
criticized the Government or who expressed views in disagreement with
the Government (see Section 1.d.). For example, on September 16, the
NIA detained Omar ``O.J.'' Jallow for critical remarks he made about
the Government (see Section 2.d.).
No subsequent action was taken in the case of Muhammed Lamin
Sillah, the coordinator of the Coalition of Human Rights Defenders and
Secretary General of the domestic chapter of Amnesty International.
Decrees 70 and 71 continued to inhibit free reporting. The decrees
require all newspapers to post a $4,500 (100,000 dalasi) bond or cease
publication. The bond was 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 were not subject to
these decrees. The possession and distribution of documents deemed to
be ``political literature'' was not barred by decree, and the ruling
APRC and opposition parties distributed leaflets and papers that could
be considered ``political literature'' during the year. Although still
independent, the nongovernment press practiced a degree of self-
censorship. Despite government harassment, strong criticism of the
Government was frequent, and opposition views appeared in the
independent press.
English, French, and other foreign newspapers and magazines were
available. The Government published a daily newspaper, the Gambia
Daily. The Daily Observer, though independent, favored the Government
in its coverage; however, during the year, there were a few occasions
that the newspaper featured an editorial that criticized the
Government's position on the Media Commission Bill. There were four
other independent newspapers, including one published by an opposition
political party, and one independent weekly magazine. All newspapers
that were not state-owned pay a $4,500 (100,000 dalasi) mandatory
registration fee. Independent publications continued to operate;
however, they complained that the fee places a serious financial burden
on them.
On August 5, President Jammeh signed the National Media Commission
Bill, which imposed restrictions on the press's ability to cover the
news. The legislation gave a state-appointed committee the right to
license and register journalists (and to impose subject heavy fines and
suspension for failure to do so), force reporters to reveal
confidential sources, issue arrest warrants to journalists, and
formulate a journalistic code of ethics. A high court judge, who would
be chosen by the Chief Justice, would chair the Media Commission. The
media and international press organizations criticized the media
commission as a potential infringement on press freedom. The commission
will include four government representatives: the Permanent Secretary
of the department responsible for information, the Director General of
Gambia Radio and Television Services (GRTS), the Executive Secretary of
the Commission, and a representative of the Women's Bureau. It also
will include representatives of the following 5 NGOs: The Gambia Press
Union (an independent press organization), the Gambia Teachers Union,
the Supreme Islamic Council, the Gambian Christian Council, and the
Gambia Bar Association.
Security forces and police harassed and detained journalists. The
Government detained, questioned, and otherwise harassed journalists and
editors of newspapers that published articles it considered inaccurate
or sensitive. For example, on July 19, the NIA arrested a Congolese
reporter from the Pan African News Agency (PANA), Guy Patrick
Massoloka, and detained him for approximately 2 weeks. Massoloka
claimed mistreatment in detention. The Government claimed Massoloka
published an unregistered weekly newspaper and deported him before
filing charges against him.
On August 2, the NIA arrested and detained Pa Ousman Darboe and
Alhaji Yoro Jallow, reporters at the Independent newspaper, in relation
to an article alleging that the Vice-President had remarried. Both were
released within 72 hours of detention.
There reportedly was no action taken against the members of the
police responsible for detaining, and in some cases beating, Alieu
Badara Mansaray; UDP activist Kassa Jatta; Momadou Thomas; Bakary
Manneh; and Namory Thawl in 2001.
Unlike in the previous year, there were no reports that security
forces forcibly entered the homes of journalists.
The Government generally did not restrict the publication,
importation, or distribution of written material; however, some
problems remained. On April 20, police arrested and detained until
April 24 without bail Musa Sanyang for printing and distributing
photographs of Omar Ceesay, an independent candidate in the election
for Basse council chair. On April 20, police in Basse arrested Musa
Sanyang and held him until April 24 without bail. The police released
him without charge and without stating a reason for the arrest,
although Sanyang believed it was related to his support for an
independent candidate in the April 25 local election.
Unlike in previous year, President Jammeh did not threaten Gambia
Radio.
One government controlled and four private radio stations broadcast
during the year. Occasionally there were public affairs broadcasts on
at least two independent radio stations. Local stations sometimes
rebroadcast the British Broadcasting Corporation (BBC), Radio France
Internationale, and other foreign news reports, and all were available
via shortwave radio. Senegalese television and radio were available in
many parts of the country. Wealthy residents also used television
satellite systems to receive independent news coverage.
During most of the year, government television and radio gave very
limited coverage to opposition activities, including statements by
opposition parliamentarians in the National Assembly. However, during
the January and April elections, opposition candidates had frequent and
fair access to state-owned radio and television. In most other
respects, the state media served as propaganda instruments for the
Government and its supporters.
Former producer Peter Gomez did not appeal his dismissal from
state-owned Radio Gambia.
Unlike in previous years, there were no reports that security
forces arrested journalists on the pretext of financial matters
regarding their stations. Citizen FM was known in the past for its
civic education and political programming and remained closed at year's
end. At year's end, Baboucarr Gaye, the owner of Citizen FM, had paid
the entire amount of an alleged tax owed to the Government; however, he
had not been allowed to appear in court or re-open the radio station.
There was convenient, inexpensive Internet access through Internet
cafes and private accounts. The Government did not restrict Internet
access or operation.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, at times the Government
limited this right in practice. The authorities interfered with efforts
by the principal opposition party, the UDP, to organize public
meetings. For example, in May the UDP had applied for and received a
permit to use a public address system during a tour of the North Bank.
After the tour began, the UDP received a letter from the Inspector
General of Police revoking the permit with no cause stated. The UDP and
other opposition parties held public rallies freely the rest of the
year, and there were no reports that security forces disrupted
demonstrations.
In May 2001, the President signed a bill that allows him to
indemnify, or grant amnesty to, any person he determines for any action
done during an unlawful assembly or other disturbance (see Section
1.c.).
The Constitution provides for freedom of association; however, the
Government restricted this right in practice. The AFPRC's Decree 81 of
1996 requires NGOs 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 NGOs. However, the
Government did not take action against any NGOs during the year.
Unlike in the previous year, the Government did not expel foreign
diplomats from the country.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
No subsequent action was taken in the 2001 case of Imam Baba Leigh.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights but allows for ``reasonable restrictions,'' which the Government
at times enforced. Unlike in previous years, police did not harass or
detained citizens and foreigners at gunpoint or shoot or kill anyone at
checkpoints.
The authorities prohibited those under investigation for corruption
or security matters from leaving the country. On March 24, when
People's Progressive Party (PPP) leader Omar ``O.J.'' Jallow returned
from observing a foreign election, government officials confiscated his
passport. Jallow claimed that the seizure was in retribution for
politically charged remarks he had made comparing the country's
presidential election to other African countries. The Government
claimed it had the right to hold Jallow's passport to prevent him from
traveling while he faced corruption charges; however, earlier in the
month, the judge in the case against Jallow had granted him permission
to leave the country. The Government also failed to return the passport
when ordered to do so by the court and continued to hold it after
Jallow was acquitted. On September 26, the Government returned Jallow's
passport.
Unlike in the previous year, there were no reports that security
forces harassed immigrants.
The law provides for the granting of asylum or refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol, and the Government granted first asylum
to refugees and generally cooperated with the office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations.
The Government worked with the UNHCR and local NGOs in processing
refugee claims. The country hosted approximately 3,500 Senegalese
refugees from the troubled Casamance region, as well as approximately
4,500 additional refugees from Guinea-Bissau, Liberia, and Sierra
Leone.
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 exercised this right in legislative
and local elections. The APRC continued to dominate the political
landscape during the year. In October 2001 presidential election, which
most observers considered to be relatively free and fair despite some
shortcomings, the President was reelected. The Constitution provides
for the democratic election of the President every 5 years.
In January National Assembly elections were held and the major
opposition coalition decided to boycott the elections. The opposition
coalition accused the Independent Electoral Commission (IEC) of
allowing fraudulent voter registrations and mismanaging both the
presidential and national elections. The boycott was criticized widely
as unjustified and as an inappropriate response to the alleged fraud
and left many of its own candidates unfunded and unsupported at the
time of the election. In January the APRC won the majority for the
National Assembly, in part because the UDP/PPP opposition coalition
boycotted the legislative election. The Democratic Organization for
Independence and Socialism (PDOIS) won two seats and the National
Reconciliation Party (NRP) won one seat. The President appointed four
members of his own party and one former opposition presidential
candidate to the 48-member assembly.
In April local elections were held that were considered generally
free, fair, and transparent; however, the UDP boycotted the local
elections, which allowed the APRC to run unopposed for many seats.
There were unsubstantiated reports of vote-buying by the APRC and
opposition parties.
In June 2001, the National Assembly passed several amendments that
reduced the power of the IEC to control many fundamental election
matters. The National Assembly gained the power to set the registration
requirements for political parties and change constituency boundaries;
local chieftaincies became presidential appointments instead of elected
positions; voter registration requirements were relaxed; and the IEC
lost the right to question voters about their citizenship during the
registration process. International observers described the October
2001 presidential electoral process as generally free and fair, despite
some shortcomings. Five opposition parties competed in the election and
won approximately 47 percent of the votes cast; President Jammeh won
approximately 53 percent of the vote. The opposition political parties
initially conceded but then accused the Government of bribing voters
and issuing threats, both explicit and veiled, against individuals and
communities that did not support the incumbent. They accused the IEC of
registering foreigners and issuing them voter cards, thereby permitting
them to vote in the elections. Observers agreed there probably were
some irregularities in the registration process, but on a much smaller
scale than the UDP/PPP/GPP coalition alleged. The post-election period
was marred when Jammeh fired more than 20 village heads and civil
servants, several of whom were APRC members, who had not expressed
public support for him during the campaign or who had been accused of
corruption or incompetence; security forces also arrested and detained
many opposition supporters throughout the country.
Approximately 55 percent of women registered to vote in the October
2001 presidential election. There were 7 women in the 48-seat National
Assembly; three were elected, four were appointed by the President.
There were 3 women in the 15-member Cabinet, including the Vice
President. The Secretary General of the Government (the president's
chief of staff and head of the civil service) was also a woman.
There were no statistics available on the percentage of minorities
who compose the legislature or the cabinet. President Jammeh and many
members of his administration were Jolas, an ethnic group that
previously was marginalized; however, it now actively participates in
government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. The Government
officials were somewhat cooperative and responsive to their views.
Unlike in the previous year, authorities did not arrest human
rights activists.
Unlike in previous years, there were no sensitive, public cases of
termination appealed to the ombudsman.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
disability, language, or social status, and the Government generally
respected these prohibitions.
Women.--Domestic violence, including abuse, was a problem. It was
reported occasionally, and its occurrence was believed to be common.
Police tended to consider these incidents to be domestic issues outside
of their ordinary jurisdiction. Rape, spousal rape, and assault are
crimes under the law; rape was not common. The law against spousal rape
is difficult to enforce effectively, as many people do not consider it
a crime and fail to report it. The law does not differentiate between
married and unmarried women in this regard.
The practice of FGM was widespread and entrenched. There is no law
against the practice. Reports placed the number of women who have
undergone FGM at between 60 and 90 percent. Approximately seven of the
nine major ethnic groups practiced FGM at ages varying from shortly
after birth until 16 years old. FGM was less frequent among the
educated and urban segments of those groups that practice FGM. There
were unconfirmed reports of incidences of health-related complications,
including deaths, relating to the practice of FGM; however, no accurate
statistics were available. In recent years, the Government publicly has
supported efforts to eradicate FGM and discouraged FGM through health
education; however, the Government has not passed legislation against
FGM, which is not considered a criminal act. President Jammeh publicly
has stated that the Government would not ban FGM; however, the
Government was working to convince traditional village leaders to
support the abandoning of the traditional practice of FGM.
In June the media reported that religiously-motivated kidnapers
abducted a 13 year-old-girl in Tanji village and forcibly circumcised
her. The kidnapers did not deny the charges; rather they asserted that
their action was justified because the girl voluntarily visited the
circumcision site during the appointed period. Tradition dictates that
an eligible girl who visits the circumcision site during the appointed
period must be circumcised. Police filed criminal charges under laws
prohibiting kidnaping and child endangerment. At least one women's
group publicly protested the judge's decision against the defendants.
As of this writing, the decision has been appealed, and the family is
considering civil charges. Practitioners of FGM and other types of
circumcision in the country firmly believe that Islam mandates it and
its surrounding rites; however, Imam Baba Lee of the Kanifing Mosque
declared that Islam forbids such harmful customs.
Prostitution is illegal but was a growing problem.
Sexual harassment is not prohibited by law and the Department of
Women's Affairs oversee programs to ensure the legal rights of women.
Sexual harassment is not believed to be widespread, although individual
instances have been noted. Traditional views of women's roles resulted
in extensive societal discrimination in education and employment.
Employment in the formal sector was open to women at the same salary
rates as men. No statutory discrimination existed in other kinds of
employment; however, women generally were employed in such places 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 received a lower proportion of assets distributed
through inheritance than did male relatives.
Marriages often were arranged and, depending on the ethnic group,
polygyny was 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.
The Department of Women's Affairs, under the direction of the Vice
President, oversees programs to ensure the legal rights of women.
Active women's rights groups exist (see Section 4).
Children.--The Government was committed to children's welfare. The
Department of Education and the Department of Health, Social Welfare,
and Women's Affairs were the two most generously funded departments;
however, lack of resources limited state provision of both education
and health services.
The Constitution mandates free compulsory primary education up to 8
years of age, but the state of the educational infrastructure prevented
effective compulsory education. The participation of girls in education
was very low. Girls constituted approximately 40 percent of primary
school students and roughly one-third of high school students. The
enrollment of girls was low particularly in rural areas where a
combination of poverty and sociocultural factors influenced parents'
decisions not to send girls to school.
In October the Government implemented a program to pay school fees
for all girls. The program covered only the highly populated area
around the capital city in the first year; however, the Government
hopes to expand the program to the entire country.
Authorities generally intervened when cases of child abuse or
mistreatment were brought to their attention; however, there was no
societal pattern of abuse against children. 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, which can be as early as 12 years of age).
Incest also is illegal. These laws generally were enforced. Serious
cases of abuse and violence against children were subjected to criminal
penalties.
FGM was performed primarily on young girls (see Section 5, Women).
Child prostitution was a problem (see Section 6.f.).
Persons with Disabilities.--There were no statutes or regulations
requiring accessibility for persons with disabilities. No legal
discrimination against persons with physical disabilities existed in
employment, education, or other state services. Persons with severe
disabilities subsisted primarily through private charity. Persons with
less severe disabilities were accepted fully in society, and they
encountered no discrimination in employment for which they physically
were capable.
Section 6. Worker Rights
a. The Right of Association.--The 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. Unions must register to be
recognized, and there were no cases where registration was denied to a
union that applied for it. The Labor Act specifically prohibits police
officers and military personnel, as well as other civil service
employees, from forming unions. Approximately 20 percent of the work
force was employed in the modern wage sector, where unions were most
active. Approximately 30,000 workers were union members, constituting
an estimated 10 percent of the work force.
The Gambian Worker's Confederation (GWC) and the Gambian Workers'
Union (GWU) were the two main independent and competing umbrella
organizations. The Government recognized both organizations.
Employers may not fire or discriminate against members of
registered unions for engaging in legal union activities; and the
Government has stepped in to assist workers who have been fired or
discriminated against by employers.
Unions and union confederations may affiliate internationally, and
there were no restrictions on union members' participation in
international labor activities. The Gambia Worker's Union (GWU) was a
member of the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The Labor Act
allows workers to organize and bargain collectively. Although trade
unions were small and fragmented, collective bargaining took place.
Each recognized union has guidelines for its activities determined by
the Joint Industrial Council Agreement (JIC), an arrangement among all
of the active trade unions and their employers, which was drafted and
signed by the unions. Unions were able to negotiate without government
interference; however, in practice the unions lacked experience,
organization, and professionalism, and often turned to the Government
for assistance in negotiations. Union members' wages exceeded legal
minimums and were determined by collective bargaining, arbitration, or
agreements reached between unions and management and considered to be
legal after insuring that the agreements are in compliance with the
JIC. No denial of registration was reported. The act also sets minimum
contract standards for hiring, training, terms of employment, and
provides that contracts may not prohibit union membership.
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). The Labor Act
specifically prohibits police officers and military personnel, as well
as other civil service employees, from striking. 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. There were no strikes during the year.
The Government established an export processing zone (EPZ) at the
port of Banjul and the adjacent bonded warehouses. The Labor Code
covers workers in the EPZs, and they were afforded the same rights as
workers elsewhere in the economy.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor and there were no reports that such
practices occurred. The law does not prohibit specifically forced and
bonded labor by children; however, it is not known to occur.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government does not have a comprehensive plan to
combat child labor. The statutory minimum age for employment is 18
years. There is no effective compulsory education, and because of
limited secondary school openings, most children completed formal
education by the age of 14 and then began work. Employee labor cards,
which include a person's age, were registered with the Labor
Commissioner, who was authorized to enforce child labor laws. However,
enforcement inspections rarely took 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 assisted their
families in farming and housework. In urban areas, many children worked
as street vendors or taxi and bus assistants. There were a few
instances of child street begging. The tourist industry has stimulated
a low level of child prostitution (see Section 5).
The Department of State for Labor was responsible for implementing
the terms of the ILO Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work.--Minimum wages and working hours
were established by law through six joint industrial councils and
labor, management, and the Government were represented on these
councils. The lowest minimum wage was approximately $0.66 (12 dalasi)
per day for unskilled labor. This minimum wage was not sufficient to
provide a decent standard of living for a worker and family. The
minimum wage law covers only 20 percent of the labor force, essentially
those workers in the formal economic sector. The majority of workers
were employed privately or were self-employed, often in agriculture.
Most citizens did not live on a single worker's earnings and shared
resources within extended families.
The basic legal workweek was 48 hours within a period not to exceed
6 consecutive days. Nationwide the workweek included 4 8-hour workdays
and 2 4-hour workdays (Friday and Saturday). A 30-minute lunch break
was mandated. Government employees were 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 was 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. The law provides that workers may refuse to work in
dangerous situations without risking loss of employment; however, in
practice workers who do so risk loss of employment.
The law protects foreign workers employed by the Government;
however, it only provides protection for privately employed foreigners
if they have a current valid work permit. Foreign workers may join
local unions.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, there were reports of trafficking in persons. The
tourist industry has stimulated a low level of child prostitution,
which was prosecuted vigorously.
__________
GHANA
Ghana is a constitutional republic with a strong presidency and a
unicameral 200-seat Parliament; multiparty elections have been held
every 4 years since the country returned to constitutional rule in
1992. In December 2000, six opposition parties and the ruling National
Democratic Congress (NDC) contested presidential and parliamentary
elections, which despite a few incidents of intimidation and election
fraud, domestic and international observers judged generally free and
fair. In January 2001, John Agyekum Kufuor of the opposition New
Patriotic Party (NPP) was inaugurated as president. President Kufuor
was elected in a run-off election with 56.7 percent of the vote against
then Vice-President John Atta Mills of the NDC. 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, including the Commission for Human
Rights and Administrative Justice (CHRAJ). In practice the system of
checks and balances was limited by a system-wide lack of resources that
affected all three branches. The Government generally respected the
constitutional provisions for an independent judiciary; however, in
practice the judiciary was subject to influence and corruption and
lacked adequate resources.
The police, under the jurisdiction of an eight-member Police
Council, were responsible for maintaining law and order. A separate
department, the Bureau of National Investigations (BNI), handled cases
considered critical to state security and answered directly to the
executive branch. While civilian authorities generally maintained
effective control over security forces, there were some instances in
which elements of the security forces acted independently of government
authorities. Some members of the police and other security forces
committed a number of serious human rights abuses.
The economy remained dependent on agriculture, with approximately
36 percent of gross domestic product (GDP) and 48 percent of employment
derived from this sector, according to government statistics. The
country's population was 19.9 million. Gold, cocoa, and timber were the
traditional sources of export earnings; gold revenues fell due to the
drop in the prices of this commodity on the world market while cocoa
prices rose substantially towards year's end. The economy grew at a
rate of 4.2 percent, up from 3.7 percent in 2001. Inflation fell from
21 percent to 13 percent. Per capita GDP in dollar terms fell to
approximately $300.
The Government generally respected the human rights of its
citizens; however, there were serious problems in some areas. Police
use of excessive force resulted in some unlawful killings and injuries.
There continued to be credible reports that members of the police beat
suspects in custody, and that police and some elements of the military
arbitrarily arrested and detained persons. Police corruption was a
problem. Although members of the security forces often were not
punished for abuses, nearly all of the 64th Infantry Unit, which was
believed to have committed many abuses under the previous government,
were transferred to other units during the year. Prison conditions
remained harsh and life-threatening. Prolonged pretrial detention
remained a problem. Juvenile detainees were housed in separate
facilities. Inadequate resources and a system vulnerable to political
and economic influence compromised the integrity of the overburdened
judicial system. At times the Government infringed on citizens' privacy
rights. The Government generally respected freedom of speech and of the
press; however, there were occasional reports that government officials
pressured government media outlets to cease or minimize coverage of
opposition politicians. Major government media outlets exercised some
restraint in their coverage. At times the Government restricted freedom
of assembly, and police forcibly dispersed some demonstrations. There
were some limits on freedom of religion. Although the Government
generally respected freedom of movement, police set up barriers to
demand bribes from motorists. A night-time curfew was imposed in the
north of the country where intraethnic violence occurred. Violence
against women was a serious problem; however, prosecution of sexual
abuse against underage girls increased and courts began to give
lengthier sentences for such abuse. Trokosi, a traditional form of
ritual servitude, was practiced on a limited scale in one region of the
country. Female genital mutilation (FGM) still was practiced, primarily
in the north. Unlike in previous years, no interreligious clashes
occurred. There were some incidents of ethnically motivated violence,
and some ethnic groups complained of discrimination. Child labor was a
problem in the informal sector, and forced child labor and trafficking
in women and children also were problems. Vigilante justice also was a
problem. Ghana was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
committed a number of unlawful killings of criminal suspects. The
number of deaths reportedly caused by members of the security forces
during the year was unavailable. There were seven in 2001 and five in
2000.
In recent years, the police service in particular has come under
severe criticism following incidents of police brutality, corruption,
and negligence. Public confidence in the police remained low, and mobs
attacked several police stations due to perceived police inaction, a
delay in prosecuting suspects, rumors of collaboration with criminals,
and the desire to deal with suspects through instant justice. The Ghana
Governance and Corruption Survey completed in 2001 found that the
police were among the ``least trusted, least effective, and most
corrupt'' government institutions in the country. The Inspector General
of Police (IGP) trained the police in human rights and riot control.
On May 22, security forces broke into a house in the Odorkor
neighborhood of Accra and dragged two suspected armed robbers outside.
They beat the men and hit them with the butts of guns, which resulted
in the death of one of the men. A police officer was charged formally
with murder; however, the trial had not begun by year's end.
On June 13, security forces responding to a robbery report killed
four persons who later were reported to be members of a local
neighborhood watch committee. The Government set up a three-member
inquiry committee to investigate the incident, and on September 13, the
committee submitted its report to the Government. The Attorney
General's office announced its intention to prosecute the officers, but
had not done so by year's end.
There were no developments in the following 2001 cases: The
February alleged killing of a suspect by a police sergeant; the March
death of three persons when police forcibly dispersed residents in
Nsoatre, Brong-Ahafo Region; the May police beating of a farmer in
Obuase, Ashanti Region who died from his injuries; the July death in
prison of a 90-year-old man in Sunyani, Brong-Ahafo Region; and the
October case in which an armed bank robbery suspect in Mampong, Ashanti
District died while in custody at the Kumasi Central Prison.
In May 2001, 126 persons were crushed and trampled to death when
police used tear gas to control a portion of the crowd who were
vandalizing the stadium during a soccer match at the Accra Sports
Stadium. An official Commission of Inquiry concluded that the police
overreacted to fan vandalism and bore primary responsibility for the
incident; the Commission also cited negligence by the National Sports
Council and the poor design of the stadium's stairwells. The Commission
concluded that the police who provided testimony conspired to subvert
the Commission's work through a conspiracy of silence. In December the
Attorney General's office began criminal proceedings against the six
senior police officers who gave the order to fire tear gas.
The trial in the case of a police officer charged with the August
2001 murder of a 27-year-old Accra Polytechnic student at Dansoman,
Greater Accra, began in March and was ongoing at year's end.
A police investigation into the September 2001 killing of two
persons by a police officer who shot his gun at a minibus and several
bystanders was concluded during the year and found the officer to be at
fault. No action was taken as the officer had been lynched by a mob
after the incident.
There were no developments in the following 2000 cases: The April
killing of a miner during a conflict in Bibiani; the July killing of a
young man in the Eastern Region who had a history of mental illness;
the October case of a driver who died of unexplained causes while
hospitalized after allegedly causing an accident in which four of
former President Rawlings' bodyguards were killed; the November case in
which police killed an alleged fuel smuggler in the Afedido in the
Volta Region; and the police shooting of a 23-year-old man in Madina,
Greater Accra Region.
Many persons died in prisons due to extremely harsh conditions and
lack of medical treatment (see Section 1.c.).
In January and March, public and private burial ceremonies for the
bodies of three former heads of state and five senior military officers
who were executed in 1979 took place.
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 (see
Section 5). In several instances, security forces intervened to save
the lives of suspected criminals (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 Constitution prohibits such practices; however, there
were continued credible reports that members of the police and customs
officials beat prisoners and other citizens. It generally was believed
that severe beatings of suspects in police custody occurred throughout
the country but largely went unreported.
Government officials stated that the use of armed forces personnel
in the maintenance of law and order would cease; however, the military
continued to participate regularly in law enforcement activities during
the year.
In April 2001, the IGP issued a directive against the use of
warning shots by the police, stating that it was not authorized by
police regulations; however, there were instances in which police used
warning shots. Police continued to use rubber bullets and water cannons
in crowd control situations (see Section 2.b.).
Police corruption was a serious problem (see Sections 1.d. and
2.d.). Government officials said publicly that the Government's ``zero
tolerance for corruption'' policy applied to the police and other
security officials; however, a survey conducted during 2001 by the
Center for Democratic Development showed that 67 percent of respondents
said they had paid bribes to the police.
During the year, nearly all members of the 64th regiment, which
previously guarded former President Rawlings and was the reported
source of many human rights abuses in the previous government, were
transferred to other units of the armed forces.
Unlike in the previous year, there were no reports of clashes
between supporters of the ruling and opposition parties. The commission
of inquiry into the January 2001 clash between a group of NPP activists
and NDC supporters in Asutuare, Greater Accra Region had not been
established by year's end. A police investigation determined that the
cause of the clash was a long-standing chieftancy dispute rather than
political tensions; however, residents of the town and opposition party
leaders, including the M.P. for the district, disagreed publicly with
the police's findings, describing the clash as a coordinated attack on
NDC supporters. The case had not been called to court by year's end.
On April 14, the CHRAJ wrote to the Minister of Defense seeking his
cooperation in investigating the 2000 case in which 25 off-duty
soldiers attacked and injured more than 20 civilians, including a taxi
driver who allegedly insulted a group of intoxicated soldiers the
previous evening in Accra. The Defense Ministry had not responded by
year's end.
Four persons accused of killing a police officer during a series of
disturbances in 2000 in Asankranguaaa, Western Region, were released on
bond at year's end as police continued to investigate the incident and
allegations of police misconduct during the incident.
There were no further developments in the March 2001 case in which
police injured several rioters after attempting to control a mob of
Liberian refugees from Budumburam Refugee Camp in the Greater Accra
Region and in the May 2001 case in which a police officer injured a
youth while attempting disperse a group of youths in Accra.
There were no developments in the following 2000 cases: The January
case in which a cocoa farmer from Dadieso in the Western Region alleged
that a police inspector detained him for 2 days without bail and beat
him; the January dispersals of student demonstrations; the March
dispute between 2 assemblymen in the Eastern Region town of Asutsuare
that resulted in the arrest of 68 civilians, some of whom claimed that
police brutalized them; the June dispersals of student demonstrations;
the July beating and shooting of a man who resisted arrest; the July
use of tear gas to disperse a group of civilians who attacked the
Navrongo police station; the July use of water cannons to disperse a
demonstration by trade union members; the July serious injuring of a
policeman by an assemblyman and other civilians who allegedly attacked
farms and residents in Asutsuare; the August case of the alleged
detention and beating of a businessman by members of the elite 64th
Infantry Regiment; the August use of tear gas and rubber bullets to
disperse students of Yendi Junior Secondary School; the December
assault of journalists from a private television station; the December
inquiry of a journalist and an M.P.; and the December use of rubber
bullets and tear gas to disperse a crowd at the Supreme Court.
``Machomen'' (party thugs) and land guards, private security
enforcers hired by citizens to settle private disputes and vendettas,
caused injury and property damage during the year. The machomen were
not constituted legally but were organized privately and operated
outside the law. The trial of a land guard in the Greater Accra Region
who was accused of involvement in a killing over a land dispute in 2001
was ongoing at year's end.
Unlike in the previous year, there were no incidents of violence
during this year's drumming ban (see Section 2.c.).
During the year, chieftancy disputes led to numerous 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 (see
Section 5). For example, on July 27, a mob in Accra severely beat three
suspected pickpockets. Police intervened and stopped the mob from
lynching the men.
Prisons in most cases were maintained very poorly and conditions
were harsh and life threatening. However, according to the CHRAJ Year
2000 Inspection Report, which was released publicly during the year,
prison conditions have improved over previous years. The Director
General of Prisons described the prisons as overcrowded and
underfinanced and publicly called for improved living conditions for
the prisoners. Three of the country's largest facilities, which were
intended to hold 1,600 inmates, held approximately 3,800. On July 26,
the Director General of the Prison Service called for the introduction
of legislation on non-custodial sentences to reduce congestion;
however, no steps were taken to implement these measures by year's end.
Prisoners' daily food allowance was approximately $.57 (4,000
cedis). Prisoners relied on families or outside organizations for
additional food, medicine, and other supplies. Bedding was available
for only 30 percent of the inmates, and there was no funding for
clothes. Medical facilities were inadequate, and the prisons supplied
only the most basic medicines. Overcrowding contributed to a high
prevalence of communicable diseases. Some suspects allegedly plead
guilty in order to be sent to prison and leave the unsanitary
conditions in the police remand cells.
In 2001 134 prisoners died in the country's prisons, 9 from
malnutrition, 21 from HIV/AIDS, 17 from tuberculosis, 13 from diarrhea
or dehydration, 8 from malaria, and the rest from other illnesses.
While the Government agreed that conditions in the prisons were not
acceptable, it stated that lack of funding prevented further
improvements.
On May 11, two suspects died in a police holding cell in Accra. At
the time of the incident, there were 45 inmates in the cell, and police
blamed the death on overcrowding. On May 13, acting Minister of the
Interior directed the Inspector General of Police to conduct an
investigation into the incident; however, the results of the
investigation were not made public by year's end.
Juvenile offenders were housed in a dedicated facility. In 2001 the
CHRAJ and the Prisons Service confirmed reports of some children as
young as 14 years old housed with the general prison population;
however, on July 14, the Interior Ministry reported that all of the
juveniles had been transferred to the Borstal Institute, a juvenile
correction center. Women were housed separately from men; pretrial
detainees were housed with convicted prisoners.
The Prisons Service had an assessment team to inspect facilities.
While the CHRAJ had access to the prisons, the Government generally did
not grant access to the press. The Government permitted foreign
diplomats to visit prisons during the year. Nongovernmental
organizations (NGOs) were not given access to prisons on a routine
basis. The International Committee of the Red Cross (ICRC) was allowed
access to prisons but did not request access during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides for protection against arbitrary arrest, detention, or exile;
however, arbitrary arrest and detention were problems. The Constitution
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. However, in practice many abuses occurred,
including detention without charge for longer than 48 hours and failure
to obtain a warrant for arrest. In addition, at times persons were
detained for trivial offenses or on unsubstantiated accusations.
Authorities routinely did not notify prisoners' families of their
incarceration; such information often was obtained only by chance.
Human rights activists criticized the common practice of arresting
persons on Friday and keeping them in detention over the weekend until
court was in session on Monday, which they described as a deliberate
circumvention of the 48-hour detention rule.
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. Police also demanded
money from suspects as a precondition of their release on bail.
The Constitution allows judicial authorities to hold citizens for
up to 48 hours without filing charges against them. However, in
practice it was 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 appear at a later date for court
proceedings. In October 2000, the acting Ashanti Regional Director of
CHRAJ stated that more than one-third of the inmates of Kumasi Central
Prison were remand prisoners. One-third remained in prison even after
the warrants committing them to prison had expired. He criticized the
judicial system for imposing prison sentences instead of levying fines,
which could prevent further overcrowding of the prisons.
On March 10, two police officers attempted to arrest the former
head of the Ghana National Petroleum Corporation while he was at church
for questioning on charges of causing financial loss to the state.
Fellow worshippers criticized the arrest, and the police desisted. The
man later reported to the police for questioning.
It was unknown if the 41 persons arrested in March 2001 in
Yameriga, Upper East Region, still were in detention at year's end.
A citizen of Belize remained in custody awaiting deportation after
a contingent of police and military personnel forcibly entered a house
adjacent to the compound of former president Rawlings and arrested him
in June 2001.
In August 2001, soldiers and police arrested the linguist of the
chief of the Sefwi Wiawso Traditional Area, Western Region, when they
searched the homes of both the linguist and the chief. During the year,
the Western Regional police commander apologized for the incident but
no inquiry was made by year's end.
There were no new developments in the 2000 case in which police
detained 70 persons during an investigation into violence related to a
chieftancy dispute in Asankranguaa.
The 1999 case in which police arrested more than 700 men after a
Muslim-Protestant conflict in the Central Region town of Agona Nyakrom
and brought them to Accra for investigation was dismissed during the
year.
In February six of the nine accused persons in the 1998 murder of
two policemen in Ablekuma were sentenced to death, and the other three
were released for lack of evidence.
Police arrested persons attempting to demonstrate (see Section
2.b.).
There were credible reports that police extorted money from local
businesses by acting as private debt collectors and arrested citizens
in exchange for bribes from detainees' disgruntled business associates.
Police and military used checkpoints and mass arrests while
searching for criminals (see Section 2.d.). For example, on April 28,
2,000 persons were detained in the Agbogboshie neighborhood of Accra.
Police checked records and identification and arrested those wanted for
crimes or in possession of weapons, stolen merchandise, illegal drugs,
and other prohibited items. Of the approximately 2,000 detained, 202
were identified as suspected criminals and charged with various crimes.
Media reports indicated that four individuals fleeing the roundup
drowned in a nearby lagoon.
In August 2001, law enforcement and military personnel arrested 200
persons in Kumasi. According to the police, the exercise was intended
to flush out suspected criminals. At year's end, 28 persons remained in
police custody and 30 persons had trials pending.
The opposition NDC claimed that the Government used anti-corruption
investigations to intimidate and harass its members. The Government
continued to question former officials during the year.
The Government has not implemented any meaningful policy to reduce
the number of pretrial detainees, although the independent press called
for reduction of harsh bail conditions for suspects who did not pose a
threat to society. The Attorney General drafted a bill that would
provide alternative dispute resolution methods to clear the court
backlog, including a time limit on pending cases and was scheduled to
forward it to the Cabinet in 2001; however, no legislation was
introduced to Parliament during the year. There was no further
information on the case of a farmer in the Volta Region who has been in
remand for 10 years without charge; he was suspected of poisoning and
killing another farmer.
Rural women can be punished with banishment by traditional village
authorities for being pregnant out-of-wedlock or for 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 (see Section 5). Foreign
diplomats and NGO representatives who visited them estimated that there
were between 550 and 1,150 accused witches, the vast majority of them
women, living in the camps; however, in 2000 CHRAJ estimated that more
than 5,000 women were residents in witches' camps in the Northern
Regions. An August 8 media report said 87 women between the ages of 40
and 80 remained in the Gambaga ``witches'' village.
The Government did not practice forced exile and encouraged
citizens, including dissidents living abroad, to return. Some former
government and Provisional National Defense Council (PNDC) officials
have returned and resumed careers and political activities.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision; however, in practice the judiciary appeared to be subject on
occasion to executive influence.
The Constitution mandates Superior Courts of Judicature consisting
of the High Court (of Judicature) and Regional Tribunals, the High
Court of Appeals, and the Supreme Court. The Constitution allows the
Government to nominate any number beyond a minimum of nine members to
the Supreme Court; confirmation was the responsibility of Parliament.
The Chief Justice was empowered to impanel the justices of his choice
to hear cases. These provisions, along with a lack of resources,
limited the court's role as a balance to the power of the executive
branch and contributed to the perception that the judiciary
occasionally was subject to executive influence. There were no official
charges of corruption on the part of judges; however, there were press
allegations of corruption within the judicial system. In August and
September, the Center for Democratic Development, a local think tank,
organized a program with the Parliamentary Select Committee on the
Judiciary to explore corruption within the judicial system.
The Constitution establishes two basic levels of courts: superior
and lower. The superior courts included the Supreme Court, the Appeals
Court, the High Court, and regional tribunals. In March 2001, the
Acting Chief Justice of the Supreme Court inaugurated two Fast Track
Courts, a division of the High Court of Judicature, intended to try
cases to conclusion within 6 months. The Fast Track Courts were
authorized to hear cases involving banks and investors, human rights,
electoral petitions, government revenue, prerogative writs, defamation,
specified commercial and industrial cases, and criminal cases involving
substantial public money or are a matter of extreme public importance.
A former government employee charged with causing financial loss to the
state challenged the Fast Track Courts' constitutional legitimacy;
however, the Supreme Court found that the Courts were constitutional.
As of February 1, 195 cases were filed before the Fast Track Court, 137
for Banking and Commercial matters, and 40 for Human Rights and
Defamation. The Government announced plans to establish Fast Track
Courts throughout the country. Parliament may establish lower courts or
tribunals by decree.
During the year, Parliament passed Act 620, designed to abolish
Community Tribunals run by appointed panels and police and replace them
with magistrate courts on the date the Act becomes effective. The Chief
Justice and Attorney General had not put the Act into effect by year's
end.
Legal safeguards were based on British legal procedures. Defendants
are presumed innocent, trials are public, and defendants have a right
to be present, to be represented by an attorney (at public expense if
necessary), and to cross-examine witnesses. In practice the authorities
generally respected these safeguards.
There were frequent reports that a large number of prisoners were
held in detention for extended periods, sometimes years, without going
to trial (see Section 1.d.). The Attorney General drafted a bill that
would provide alternative dispute resolution methods to reduce the
court backlog, including a time limit on pending cases.
During the year, prosecutors dropped the case against four
defendants for allegedly plotting to overthrow the Government in 1994
and released them.
There were no developments in the 2001 appeals of two men arrested
for murder in 1991 who were in prison in Wa, Upper West Region, for 10
years without trial. They remained in custody at year's end.
The CHRAJ's charter provides for it to investigate alleged
violations of human rights and take action to remedy proven violations.
It continued to hold workshops to educate the public, traditional
leaders, the police, and the military on human rights issues. It
mediated and settled cases brought by private individuals with
grievances against government agencies or private companies (see
Section 4).
The law 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.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, this
provision has yet to be tested in court, and in practice the Government
infringed on these rights at times. Although the law requires judicial
search warrants, police did not always obtain them in practice.
Opposition party activists claimed that the Government was engaged
in surveillance and harassment of those perceived to be opposed to the
ruling party; however, unlike in the previous year, security forces did
not conduct searches of the homes of opposition party members.
The Government authorized an investigation into the August 2001,
raid on the residence of Alhaji Sediu, the National Organizer of the
EGLE (Every Ghanaian Living Everywhere), and three cases in which
security forces allegedly raided the homes of civilians; however, no
results had been announced by year's end.
Opposition parties, and some persons in private business, continued
to allege that some government contracts were awarded on the basis of
ruling party membership and that government officials pressured
businesses to steer contracts toward favored companies and individuals.
The CHRAJ began an investigation into the February 2001 demolition
of Kyekywere village, Western Region by Abosso Goldfields Limited, a
local mining firm acting under the auspices of the local District
Security Council; however, it had not released its findings by year's
end.
A $5 million (34.5 billion cedis) lawsuit against the Accra
Metropolitan Assembly (AMA), the former Chief Executive, and the
Attorney General who without due process demolished a private hotel in
Accra that they claimed was blocking a drainage route, was ongoing at
year's end. The owner of the hotel contended that the demolition
constituted trespassing and unlawful interference in the owner's civil
rights.
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 occasional
reports that government officials pressured government media outlets to
cease or minimize coverage of opposition politicians. Opposition
political parties and others frequently criticized the Government, and
the Government allowed more control of print and electronic media to be
transferred to the private sector. Unlike in the previous year,
ministers did not file libel suits. Major government media outlets
exercised some restraint in their coverage.
In an August 10 speech, former president Jerry Rawlings criticized
the Government and asked the public to engage in ``positive defiance''
and ``unlawful order.'' On August 13 and 14, the BNI called Rawlings in
for several hours of questioning to investigate whether his statements
constituted an act of treason. On August 21, the Attorney General
issued a statement saying the former president could not be charged
with treason for his August 10 remarks.
There were more than a dozen newspapers including three government-
owned dailies, two government-owned weeklies, and several privately
owned newspapers published daily, weekly, biweekly, or triweekly.
Several of the privately owned newspapers increased to daily
circulation from weekly or biweekly. Two of the Government-owned
dailies had national circulation. However, most newspapers circulated
only in regional capitals, and many of the smaller private newspapers
were available only in Accra. The President could not appoint chief
executives to the state-owned media.
The Government-owned media reported extensively on charges of
corruption or mismanagement by government officials in the previous
administration; they increasingly criticized the Government's policies.
State-owned media reported some allegations of corruption or
mismanagement by officials in the Kufuor government. During the year,
there were occasional editorials in the state-owned media critical of
the Government. There were no reports that the Government disciplined
or dismissed journalists working in state-owned media for stories
deemed unacceptable. The Government ended its subsidy of one newspaper
in 2001 and no longer financed any newspaper. The opposition NDC
claimed that government media denied it equal access and coverage on
numerous occasions, and in practice the Government-controlled media did
give greater exposure to government officials.
Some privately owned newspapers were harshly critical of the
Government's policies and of President Kufuor and his ministers and
advisors. The Government at times alleged that some reporters and
editors failed to abide by professional ethical guidelines. On many
occasions, both the Government and National Media Commission (NMC), a
constitutionally mandated independent government body, publicly urged
the media to act responsibly.
In July 2001, Parliament repealed the Criminal Libel and Seditious
Laws through an amendment to the Criminal Code. The laws had provided
for 10 years' maximum imprisonment for reporting intended to injure the
reputation of the State. According to the Amendment, all prosecutions
instituted under the repealed laws pending before any court or tribunal
were discharged. At year's end, many civil libel cases still were
pending; however, the voluntary use of the NMC as an alternative
mediating body to the courts increased. The NMC was charged with
maintaining journalistic standards, including the investigation,
mediation, and settlement of complaints made against or by the media;
however, it did not have legally binding authority to implement its
recommendations. Resolutions recommended by the NMC included
retraction, apology, and the printing of rejoinders. Of the 79 cases
reviewed as of September 30, 13 cases were resolved, and the remaining
cases were pending; 50 cases were brought by private individuals, 4
cases by former government ministers, and 25 cases by organizations or
institutions. Seventeen cases were brought against state-owned media,
and 62 cases against the privately owned media. On March 14, the NMC
directed a privately owned newspaper to publish a retraction of an
article it published in July 2001 that alleged a former finance
minister was arrested at Accra's airport in possession of $1.5 million
cash. The newspaper acknowledged the allegations were inaccurate and
published a retraction and an apology. The NMC has published its
standards and guidelines.
Unlike in the previous year, there were no claims that independent
journalists occasionally blackmailed individuals and organizations by
threatening to print negative articles if they were not paid.
In 2000 military police acting under orders from the Deputy
Minister of Defense of the previous government detained the news editor
of an Accra newspaper who had attempted to contact the Deputy Minister
after receiving an allegation that he had threatened a guard at a local
security company. The editor was released later that day and filed a
complaint with the CHRAJ against the former Deputy Minister. The first
hearing before the CHRAJ was completed in 2001; however, during the
year, the complainant failed to appear for two consecutive CHRAJ
hearings, and the case was adjourned indefinitely.
According to the National Communications Authority, Accra had 1
government-owned and 12 private FM radio stations, and there were
approximately 40 private FM stations across the country. Most stations
were independent and aired a wide range of viewpoints. There was one
government owned television station that broadcast nationwide. There
were two semi-private television stations that broadcast in the Greater
Accra, Eastern, and Ashanti regions. There were three cable networks
broadcasting in the Greater Accra Region, two of which also broadcast
in Kumasi. There was one private television station broadcasting in
Kumasi.
The Minister of Communications continued to be the chairman of the
National Communications Authority (NCA), the body responsible for
allocating bandwidth and broadcast media licenses. According to media
organizations, the NCA should be independent of the Ministry of
Communications, and the Minister's appointment represented a conflict
of interest. The media also claimed that the new board members were
appointed without proper consultation with the Council of State, as
required by the NCA Act. There were some complaints regarding delays in
obtaining bandwidth and licenses for broadcast media.
The investigation that the Attorney General's office began in 2001
into the content of tapes publicized in 1999 that appeared to implicate
President Rawlings in several infamous extralegal actions of the
predemocratic era was ongoing at year's end.
The Government readily granted accreditation to foreign
journalists. The British Broadcasting Corporation (BBC) and Radio
France International had full-time FM rebroadcasting stations in Accra,
and several foreign radio broadcasts, including Voice of America (VOA),
had 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 obtained their news from the electronic
media, the VOA, and the BBC radio service. Several companies had cable
or satellite rebroadcasting stations that served the country's three
major cities.
There were more than 10 operating Internet Service providers (ISPs)
in the country at year's end.
The Government did not restrict academic freedom. Academics were
allowed to publish and pursue research. Student organizations organized
and met freely.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of peaceful assembly; however, at times the
Government restricted this right. The Government does not require
permits for demonstrations; however, police can deny use of the route.
The law requires 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.
The Government permitted several peaceful demonstrations and
rallies during the year; however, on at least one occasion, police used
force to disperse a demonstration.
On June 4, the anniversary of the date of his first coup, former
President Rawlings, and other opposition leaders, spoke at a rally in
Accra for the second year in a row, attended by hundreds of NDC
supporters. Rawlings accused the Government of harassing and
intimidating NDC activists. There were no reports of violence, and the
rally dispersed peacefully.
On August 3, police fired rubber bullets and water cannons into a
crowd to break up a gathering during a festival parade in Ada, Greater
Accra Region, which resulted in a number of injuries. Police reportedly
were unaware that the marchers had a parade permit. The Ada Traditional
Council demanded an investigation, but no investigation was conducted
by year's end.
On August 20, 11 persons were arrested and then released in Tamale,
Northern Region, as they attempted to demonstrate along the route U.N.
Secretary General Kofi Annan would be traveling. The group was arrested
for violating an existing ban on demonstrations in the Dagbon
Traditional area due to a state of emergency in effect in the area (see
Section 2.d.).
The ban on campus demonstrations remained in effect during the
year; however, it never has been enforced.
Political parties held rallies and national congresses without
hindrance during the year.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice; however, the
Government continued to prohibit the existence and formation of all
political groupings within the security services. In February 2001, it
banned the ``Association of Committees for the Defense of Revolution''
(ACDRs), which served as NDC support organizations within the security
services and in military and police barracks. It also prohibited the
formation of ``Danquah-Busia Clubs'' or other support organizations for
the ruling NPP. According to the Minister of Interior, members of the
military and security services were free to join political parties and
associations; however, such activities were prohibited within police
and military compounds.
NGOs were required to register with the Registrar General's office
and the Department of Social Welfare, but this registration was
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
evaluated whether the party showed evidence of a viable national
support base before granting accreditation and could annul the
registration of a party that failed to meet the criteria for being a
viable party.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, there were some limits to this right. In the past,
the Government did not always prosecute those responsible for
religiously motivated attacks; however, the Government increased its
prosecution of violent acts, including religious violence, and all
incidents of religious violence were prosecuted during the year.
Religious institutions that wish formal recognition were required
to register with the Registrar General's Department; however, this was
a formality only, and there were no reports that the Government denied
registration to any group. Most traditional religions, with the
exception of the Afrikania Mission, did not register.
The Government required that all students in public schools up to
the equivalent of senior secondary school level attend a daily
``assembly'' or devotional service; however, in practice this
regulation was not enforced always. The devotional service was a
Christian service and included the recital of The Lord's Prayer, a
Bible reading, and a blessing. Students at the senior secondary school
level were required to attend a similar assembly three times per week.
Students attending government-administered boarding school were
required to attend a nondenominational service on Sundays. The Director
General of the Ghana Education Service instituted new regulations for
all public educational institutions, including the stipulation that
students of minority ethnic groups should not be forced by school
authorities to worship with the majority religious groups in school;
however, the Minister still received isolated reports of disrespect for
the directive in some public schools. Afrikania also publicly urged the
Government to stop requiring Christian ``indoctrination'' of children
in all government-funded schools.
Although the law prohibits involuntary servitude, Trokosi, a form
of religious servitude usually lasting no more than a few months,
exists on a limited scale (see Section 5). Government agencies, like
CHRAJ, have campaigned actively against Trokosi for years. Supporters
of traditional African religions, such as the Afrikania Renaissance
Mission, have said that these activities constituted discrimination
against indigenous religious beliefs.
The Government made extensive efforts to mediate between
charismatic Christian churches and ethnic Ga traditionalists in the
period prior to the 2002 annual ban on drumming. Unlike in the previous
year, no incidents of violence were reported during the year's ban on
drumming. No police action was taken in regard to any attacks from
previous years.
There were occasional reports of interreligious and intrareligious
incidents but no violent incidents based on religious affiliation.
There were no further developments in the 2000 case where members
of the Christo Asafo Christian Church clashed with members of the Boade
Baaka traditional shrine at Taifa, Greater Accra Region.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 and foreigners were free to move throughout the country.
Police checkpoints existed nationwide to prevent smuggling, but most
were unmanned during daylight hours. Security officers manned
checkpoints nationwide to prevent smuggling, seize illegal weapons, and
catch criminals. In September 2001, the Ghana Police Administration
announced that police would erect security checkpoints throughout the
country in response to an upsurge in highway robberies; periodic
customs checkpoints and patrols continued during the year. The Regional
Police Commanders monitored the activities of police personnel working
at the checkpoints. There were numerous reports that police used
checkpoints to solicit bribes. Police roadblocks and car searches were
a normal part of nighttime travel in larger cities. The police
administration acknowledged that the force had a problem with some
members occasionally erecting illegal barriers to solicit bribes from
motorists. Citizens generally were free to travel internationally and
to emigrate or to be repatriated from other countries.
In response to a March 27 incident in which 30 persons were killed
in intratribal violence in Yendi, Northern Region, the Government
declared a 90-day state of emergency in the Dagbon traditional area
(see Section 5). The state of emergency included a dusk-to-dawn curfew.
The curfew has been renewed at 1 month intervals since July by
Parliament, and still was in effect at year's end. However, by year's
end, the curfew had been reduced from 10 p.m. until 2 a.m. There were
isolated reports of beatings of individuals caught after curfew;
however, by September the reports had ceased.
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 cooperated with the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. The country generally had a
liberal policy of accepting refugees from other West African nations.
The Government provided first asylum. UNHCR estimated that there were
approximately 35,000 Liberian refugees and asylum seekers, 6,000 Sierra
Leonean refugees and asylum seekers, 1,000 Togolese, and a small number
of other African refugees in the country.
Refugees from the crisis in Cote d'Ivoire passed through the
country without hindrance to third countries. There were no reports of
abuse during the year. The Government worked closely with the U.N. and
other international partners to identify sites for reception and
transit centers to assist refugees and others fleeing the crisis. While
only approximately 200 Liberian and Sierra Leonean refugees requested
assistance, many others passed through the country on their way to
neighboring countries.
The trials of 24 Liberian refugees who rioted in March 2001
following the alleged attack on a refugee by a Ghanaian continued 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 citizens with the right to change their
government, and citizens exercised this right through a democratic
process in presidential and parliamentary elections held in December
2000. Despite a few incidents of intimidation and election fraud,
domestic and international observers judged the election to be
generally free and fair. The country continued its transition from a
one-party state to a more established multiparty constitutional system.
The political system included recognized opposition parties, which
expressed their views freely within Parliament and won a near majority
of the parliamentary seats in the 2000 election.
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
CHRAJ. In practice the system of checks and balances was limited by a
system-wide lack of resources that affected all three branches. During
the year, opposition members continued to express frustration about
impediments that the executive branch imposed by its refusal to support
opposition amendments to proposed legislation; however, the former
ruling party, which was the opposition under the Kufuor government with
nearly half the seats in Parliament, closely scrutinized government
actions. Parliament still sought effective oversight of the workings of
the executive branch. Although all M.P.'s could introduce bills, no one
has ever done so; however, some have introduced motions.
In the first round of the 2000 presidential elections, neither
major candidate received a majority vote. In December 2000, a
presidential runoff was held in accordance with the constitutional
requirement that the president be elected with at least 50 percent plus
one of the votes. In the runoff John Agyekum Kufuor of the NPP beat
Vice President John Evans Atta Mills with 56.7 percent of the vote.
In August citizens elected representatives to the district
assemblies and the unit committees, which form the basis of the local
government structure. These elections were held on a nonpartisan basis,
as called for in the Constitution. The President appointed 30 percent
of each assembly, and the rest were elected positions. DCEs must be
confirmed by two-thirds of the district assembly members. Some district
elections were postponed for 1 or 2 weeks due to poor organization by
the Electoral Commission. District level elections were not held in the
Dagbon traditional area in the north of the country due to the existing
state of emergency (see Sections 2.d. and 5).
Unlike in the previous year, there were no political protests.
There were no legal obstacles to the participation of women in
government. There were 18 female M.P.'s in the 200-member Parliament,
and there were 13 female ministers and Council of State members out of
92.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
At least 20 domestic and international human rights NGOs generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials generally
were responsive to their views. However, the Government did not grant
ready access to prisons (see Section 1.c.). Prominent NGOs included the
International Committee of the Red Cross (ICRC), Amnesty International,
the International Federation of Woman Lawyers (FIDA), the African
Center for Human Development, and Ghanalert. The Government cooperated
with international humanitarian organizations, including the ICRC.
In 2001 the Government began an audit of the December 31st Women's
Movement (DWM), an NGO run by former First Lady Nana Konadu Rawlings
and closely associated with the former government, allegedly because
public money has gone to the DWM. The audit was ongoing at year's end.
No other NGOs have been the subject of such audits.
The CHRAJ was charged with investigating alleged violations of
human rights and taking action to remedy proven violations. The CHRAJ
continued to hold workshops to educate the public, traditional leaders,
the police, and the military on human rights issues. It mediated and
settled cases brought to it by individuals with grievances against
government agencies or private companies. On average the CHRAJ received
between 4,000 and 5,000 new petitions per year, with steady increases
each year. By the end of 2000, the CHRAJ had received a total of 41,901
petitions and completed action on 33,089; 40 percent of the cases were
resolved through mediation. Of the 9,265 cases submitted to CHRAJ in
2000, 7,321 were lodged against private companies, organizations, and
individuals. The remaining 1,944 cases were filed against government
organizations, public companies, and officials. Of the cases received
during the year, 1,022 (11 percent) involved complaints about human
rights, and 2,208 (23.8 percent) involved administrative justice,
including abuse of office by officials, labor disputes, and delays in
dispensing justice.
The CHRAJ continued to investigate corruption allegations filed
against public officials. The Serious Fraud Office also investigated
cases of fraud that lead to government financial loss.
The CHRAJ operated with no overt interference from the Government.
Its biggest obstacle was a lack of adequate funding. Low salaries and
poor working conditions resulted in the loss of many CHRAJ-trained
personnel to other government agencies that were able to pay their
employees more.
In December 2001, Parliament created a National Reconciliation
Commission to establish a historical record of human rights abuses for
the periods of ``unconstitutional government'' and make recommendations
for redress. The President appointed commissioners in February, and on
September 3, the Commission began receiving accounts of abuses. Public
hearings were scheduled to begin in January 2003. The commissioners
will have 12 months to complete their work, subject to a 6-month
extension for good cause.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race,
sex, disability, language, or social status. The courts were empowered
specifically to order enforcement of these prohibitions, although
enforcement by the authorities was generally inadequate, in part due to
limited financial resources.
Women.--Violence against women, including rape and domestic
violence, remained a significant problem. A 1998 study revealed that
particularly in low-income, high-density sections of greater Accra, at
least 54 percent of women had been assaulted in recent years. A total
of 95 percent of the victims of domestic violence were women, according
to data gathered by the FIDA. These abuses usually went unreported and
seldom came before the courts. The police tended not to intervene in
domestic disputes. The media increasingly reported cases of assault and
rape. The police administration's Women and Juvenile Unit (WAJU)
handled cases involving domestic violence, child abuse, and juvenile
offenses. With offices in nine cities around the country, the WAJU
worked closely with the Department of Social Welfare, FIDA, and the
Legal Aid Board. As of September 30, WAJU recorded a total of 3,155
cases, including 1,052 instances of assault, 380 cases of defilement,
113 rapes, and 53 abductions.
FIDA presented the draft of the country's first domestic violence
bill to the Director of Legislative Drafting of the Parliament, who was
responsible for converting proposed bills into proper legislative
format for eventual consideration by Parliament. On November 11, the
Attorney General's office held a public consultative forum on the draft
bill; however, the bill had not gone before Parliament by year's end.
In late 1998, a series of ``mysterious'' murders of women occurred
in the Mateheko area of Accra. There were more than 30 murders between
1993 and 2000, which were referred to as ``serial murders.'' In May
2001, a suspect who police had arrested confessed to eight of the
murders. On August 7, he was convicted of murder and sentenced to
death. The sentence had not been carried out by year's end.
The Criminal Code bans the practice of customary servitude (known
as Trokosi), protects women accused of witchcraft, makes the age of
criminal responsibility 12 years, criminalizes indecent assault and
forced marriages, and imposes punishments for defilement, incest, and
prostitution involving children.
Belief in witchcraft still was strong in many parts of the country.
Most accused witches were older women, often widows, who were
identified by fellow villagers as the cause of difficulties, such as
illness, crop failure, or financial misfortune. Many of these women
were banished by traditional village authorities or their families and
go to live in ``witchcamps,'' villages in the north populated by
suspected witches (see Section 1.d.). In the past, in addition to
banishment, suspected witches were subject to violence and lynching.
The women did not face formal legal sanction if they returned home;
however, most feared that they could be beaten or lynched if they
returned to their villages. The law provides protection to alleged
witches. There were no definitive statistics on the number of women
living in northern witchcamps, and international and domestic observers
estimated that there were between 550 and 1,150 women in the camps. The
CHRAJ and human rights NGOs mounted a campaign to end this traditional
practice but have met with little success. Various organizations
provided food, medical care, and other forms of support to the
residents of the camp.
There were no developments in the following 2001 cases: The January
case of two elderly women in Komenda, Central Region, who were accused
of being witches by their nephew and subsequently abducted and tortured
to obtain confessions (one of the women died 2 weeks later); the April
case in which a man living in Tongor in the Volta Region chopped off
the hands of an elderly aunt, claiming she was a witch; and the June
case of a woman in Abutia-Kloe, Volta Region, who was beaten to death
by persons who accused her of using witchcraft to mastermind the May
2001 stadium disaster in Accra (see Section 1.a.).
There were no developments in the 2000 case in which a local
teacher accused an 80-year-old woman in the Volta region of being a
witch.
There were several traditional discriminatory practices that were
injurious to the health and development of young girls. In particular
female genital mutilation (FGM) was a serious problem. A 1998 study
estimated that between 9 and 12 percent of women have undergone FGM,
but some estimates were as high as 30 percent. A Ministry of Health
survey conducted between 1995 and 1998 found that FGM was practiced
among nearly all the northern sector ethnic groups, up to 86 percent in
rural parts of the Upper West and Upper East Regions. Often it was
performed on girls under the age of 15. Officials at all levels have
spoken against the practice, and local NGOs made some inroads through
their educational campaigns to encourage abandonment of FGM and to
retrain practitioners. Traditional chiefs became more outspoken in
their opposition to the practice of FGM. The law prohibits FGM;
however, members of the legal community advocated legislation to close
loopholes in the law and extend culpability to those who aid in
carrying out FGM and to citizens who commit the crime outside the
country's borders. On September 6, two women were arrested in Kpatia,
Upper East District, for assisting another woman in the circumcision of
5 of their teenage grandchildren. The women cooperated with police;
however, the woman who performed the circumcision was not found by
year's end. In some cases in which FGM was performed, the victims
actively sought out practitioners, sometimes without their parents'
knowledge, in a quest to become ready for marriage.
There were no laws that specifically protect women from sexual
harassment.
There is a Ministry of Women and Children's Affairs to address
gender and children's issues; however, women continued to experience
societal discrimination. Women in urban centers and those with skills
and training encountered little overt bias, but resistance to women
entering nontraditional fields persisted. Women, especially in rural
areas, remained subject to burdensome labor conditions and traditional
male dominance. Traditional practices and social norms often denied
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 were active in educational campaigns and in
programs to provide vocational training, legal aid, and other support
to women. The Government was active in educational programs, and former
President Rawlings and his wife were among the most outspoken advocates
of women's rights.
Children.--Within the limits of its resources, the Government was
committed to protecting the rights and welfare of children. The
Government spent between 2.5 percent and 3 percent of GNP on education,
approximately 60 percent of which went toward basic education in 2001.
Education was compulsory through primary and junior secondary school
(the equivalent of grades 1 through 9); however, education was not
free. In practice schools imposed fees of up to $50 (400,000 cedis) per
term, and students also were required to purchase uniforms and books.
In addition, teachers often withheld material during their regular
lessons and asked students to pay additional fees for after-hours
``tutoring'' in those subjects as a way to supplement their incomes. In
September 2001, the Ghana Education Service (GES) froze all fees
charged by Senior Secondary Schools (SSS) items such as bedding and
cutlery, which were not approved by the GES. These items must be listed
in schools' prospectuses as items that parents must buy. All fees
approved by the Council were to be paid by the Government.
Some children were unable to attend school because they needed to
work to supplement their family's income (see Section 6.d.), they had
to travel long distances to reach the school, or there was a lack of
teachers, especially in more rural areas. Additionally children's
attendance at school was not enforced regularly by government
authorities, and parents rarely, if ever, were sanctioned for keeping
their children out of school. The Government has taken some concrete
steps to support education, including support of ``informal'' schools
(NGO-sponsored schools that were not regulated by the Government and
provide nontraditional education), and increased emphasis on assuring
that students progressed from one school grade to another. According to
UNICEF's ``Situation Analysis of Children and Women in Ghana 2001,''
using Ministry of Education (MOE) data, 77.6 percent of eligible
children were enrolled in primary school in 2000, with a ratio of 29
boys to 21 girls. According to MOE data for 1999-2000, 61.0 percent of
students in the 12 to 14 year age range were enrolled in junior
secondary school. The dropout rate was decreasing; however, the school
enrollment rate also has dropped slightly and overall enrollment
probably was even lower because of annual population growth. The 2000-
2001 advancement rate from junior secondary to senior secondary school
was 35 percent.
There was little or no discrimination against female children in
education, but girls and women frequently dropped out of school due to
societal or economic pressures. The Government actively campaigned for
girls' education. There was a girls' education unit within the basic
education division of the Ghana Educational Service. The Minister of
State for Primary, Secondary, and Girl-Child Education was responsible
for addressing gender-related issues in education. The percentage of
girls enrolled in school continued to decrease. In September the
Government estimated that girls' enrollment in primary school had
decreased from 75 percent in 1992 to 71 percent in 2001. According to
published estimates, at the primary and junior secondary level, male
enrollment was between 3 and 10 percent higher than female enrollment,
and the gap significantly was greater at the senior secondary school
level. Some officials attributed the lower female enrollment to the
fact that many girls marry early or become pregnant. Enrollment of
women at the university level in 2001 was 29 percent.
There were frequent reports of teachers sexually assaulting their
female students. The girls often were reluctant to report the attacks
to their parents, and social pressure often prevented parents from
going to the police and other authorities. In April 2001, a math tutor
at Aburi Girl's Secondary School, Eastern Region, fled after being
accused of assaulting at least 17 girls. Students reportedly told the
school administration, including the headmistress, about the assaults,
but they were rebuffed and no action was taken. During the year, the
headmistress resigned and the teacher was dismissed.
WAJU and regular police units increasingly investigated and
prosecuted sexual abuse of minors, and press reports of court cases
ending in lengthy prison sentences became routine.
The Ghana National Commission on Children (GNCC), a policymaking
and coordinating body established to improve the lives of children,
provided the WAJU with office equipment. The GNCC also has administered
training programs for law enforcement and judicial officials around the
country to familiarize them with the Children's Act and other pertinent
child labor legislation.
FGM was performed on girls primarily (see Section 5, Women).
Trokosi, also known as Fiashidi, was a religious practice involving
a period of servitude lasting up to 3 years. It is found primarily
among the ethnic Ewe group in the Volta Region. A virgin girl,
sometimes under the age of 10, but often in her teens, is given by her
family to work and be trained in traditional religion at a fetish
shrine for a period lasting between several weeks and 3 years as a
means of atonement for an allegedly heinous crime committed by a member
of the girl's family. In exceptional cases, when a girl of suitable age
or status is unavailable, a boy can be offered. The girl, who is known
as a Trokosi or a Fiashidi, then becomes the property of the shrine god
and the charge of the shrine priest for the duration of her stay. As a
charge of the priest, the girl works in the shrine and undergoes
instruction in the traditional indigenous religion. In the past, there
were reports that the girls were the sexual property of the priests;
however, while instances of abuse may occur on a case-by-case basis,
there was no evidence that sexual or physical abuse was an ingrained or
systematic part of the practice. Shrine priests generally were male,
but may be female as well. The practice explicitly forbids a Trokosi or
Fiashidi to engage in sexual activity or contact during her atonement
period. Trokosi may or may not attend school. During the atonement
period, most girls do not live in the shrines, which generally were
little more than fenced-in huts with small courtyards; many remained
with their families or stayed with members of the shrine living nearby.
The girl's family must provide for the girl's needs during her stay,
including food and clothing; however, in some cases families are unable
to do so. After she has completed her service to the shrine, the girl's
family completes their obligation by providing items, which may include
drinks, cloth, money, and sometimes livestock, to the shrine for a
final release ritual. After the release ritual, the girl returns to her
family and resumes her life, without, in the vast majority of cases,
any particular stigma attaching to her status as a former Trokosi
shrine participant. Generally the women continued to associate
themselves with the shrine, a voluntary association involving return
visits for ceremonies. In many instances, when a Trokosi woman dies,
years if not decades after she has completed her service and resumed
her life in the village, her family was expected to replace her with
another young girl, thus continuing the association of the family to
the shrine from generation to generation. In very occasional cases, the
family abandons the girl or cannot afford the cost of the final rites,
in which case she may remain at the shrine indefinitely. She also may
leave the shrine and return to her village; however, her family's
reputation with the shrine, and possibly with the community, may be
tarnished. Shrines rarely have more than 4 girls serving their
atonements at any one time, and there were no more than 100 girls
serving their atonement periods at Trokosi shrines throughout the Volta
Region at year's end.
Trokosi shrines all follow these general practices; however,
specific practices, such as the length of indoctrination, the exact
nature of the ritual instruction, and the requirements for the release
rites, varied from shrine to shrine and district to district.
The law bans ritual servitude in comprehensive legislation to
protect women and children's rights. NGOs, such as International Needs,
and government agencies, such as the CHRAJ, have been campaigning
against Trokosi, for years. The practice has decreased in recent years
because other belief systems have gained followers, and fetish priests
who died have not been replaced. According to one local NGO, there were
approximately 2,000 women or girls associated with Trokosi shrines,
with a fraction actually living in the shrines; however, according to
other international observers, there were no more than 100 girls
serving at Trokosi shrines throughout the Volta Region.
Another traditional practice that violates the rights of children
was forced childhood marriage, which is illegal. The GNCC was working
with the CHRAJ to effect the prosecution of the chief of Mpeasem-
Easuakyir, in the Central Region, who coerced a 14-year-old girl into
marrying him after he abused and impregnated her. FIDA supported the
efforts and emphasized that the marriage violated the Children's Act,
which sets the marriageable age at 18, as well as the Criminal Code,
which prohibits sex with a child under 16 years of age.
On August 11, WAJU arrested a couple in Akwatia, Ashanti Region,
for forcing their 15 year-old daughter to marry a 60 year-old man. WAJU
still was investigating the case at year's end.
On August 31, a 5-year-old girl was kidnaped from Assin Praso,
Central Region, and sold for $500 (4 million cedis), reportedly to be
used for ``ritual'' purposes. Four men were arrested. Investigations
still were ongoing at year's end.
Child prostitution, although illegal, also existed. The Eastern
regional branch of the Ghana Hairdressers and Beauticians Association
announced that it offered free apprenticeships to 150 street girls in
the Eastern Region to equip them with marketable skills.
There were reports that trafficking in children occurred, including
children being sold into slavery either for forced labor or sexual
exploitation (see Sections 6.c. and 6.f.).
Persons with Disabilities.--The Constitution specifically provides
for the rights of persons with disabilities, including protection
against exploitation and discrimination. In practice persons with
disabilities were not discriminated against in any systematic or overt
manner. The Constitution also states 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. In December the Deputy Minister of Manpower
Development and Employment announced that his Ministry submitted a bill
to cabinet that would compel public and corporate institutions to make
provisions for persons with disabilities.
National/Racial/Ethnic Minorities.--Although the Government played
down the importance of ethnic differences, its opponents have
complained that it is dominated by Ashantis and other Akans at the
expense of Ewes and northerners. The President and some of his
ministers and close advisors were Ashanti, but the Vice President and
many ministers were of other ethnic origins.
Efforts by NGOs to encourage reconciliation continued this year;
however, during the year, there were several violent confrontations
within ethnic groups related to chieftancy issues, particularly those
of succession and land. For example, on March 27, the Ya-Na, chief of
the Dagomba tribe in Yendi, Northern Region, and 29 of his followers
were killed in fighting with a rival faction of the royal family. The
two factions long have feuded over traditional ceremonies and the right
to hold the throne. Extensive police investigations, an independent
Commission of Inquiry, and traditional and international fact-finding
teams all were working toward establishing responsibility for the
deaths and resolution of the underlying conflict. In August the
Commission finished public hearings, and in November it submitted its
report to the executive branch. The Commission's report recommended the
prosecution of several dozen individuals involved in the violence,
including the Northern Regional Minister. The report exonerated two
other senior government officials who resigned as a result of the
violence. The Commission also recommended the official reprimand of
military officers in command over the area where the fighting took
place. In December the Government responded by accepting most of the
Commission recommendations; however, the Government declined to
prosecute the Northern Regional Minister. The state of emergency
continued in the Dagbon Traditional Area at year's end (see Section
2.d.).
In June a High Court dropped charges against the chief in
Acherensua, Brong-Ahafo Region who allegedly shot and killed one person
and injured five others in a dispute over demands that he abdicate. The
Attorney General's office indicated it would appeal the Court's
decision but had not done so by year's end.
In July charges were dropped against the chief involved in a
chieftancy dispute in Juaso in the Ashanti Region that resulted in the
death of a policeman, several injuries, the burning of the police
station, and the arrest of more than 60 persons and his followers.
In December 2001, violence between the Mamprusi and Kusasi ethnic
groups in Bawku resulted in widespread rioting, destruction of
property, and loss of life. During the year, displaced persons returned
to Bawku and rebuilt their homes; stores and schools reopened. Senior
government officials visited the town and pledged to assist the
reopening of peace negotiations between the Kusasi and Mamprusi
peoples. In October national and regional government officials
engineered a compromise in which the District Chief Executive and
assembly member positions were shared between the two ethnic groups. As
a result of this compromise, prospects for reconciliation improved.
There were no further developments in the 2000 clashes between the
Tamong and Puli clans in Bimbagu, West Mamprusi District in the
Northern Region that resulted in two deaths or in the 2000 incident in
which four persons were killed after a conflict over a chieftancy
dispute in Weija, Greater Accra Region.
Government officials, M.P.'s, and other prominent opinion leaders
regularly called for peaceful coexistence between ethnic groups. The
Permanent Peace Negotiating Team (PPNT) was a facilitative body whose
primary purpose is to mediate disputes. The Government has a ban on
firearms in the Northern Region and northern part of the Volta Region.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association. This right was restricted formally by the Trades Union
Ordinance, which conferred broad powers on the Government to refuse to
register a trade union, and by the Industrial Relations Act (IRA),
which governed trade union activities; however, the Government has not
interfered with the right of workers to associate in labor unions and
has encouraged pluralism in labor organizations. The IRA governed trade
unions and their activities. The percentage of workers belonging to
unions appeared to be decreasing as more of the workforce entered the
informal sector where there was no union activity. The Ministry of
Employment and Manpower Development estimated that 80 percent of the
work force was employed in the informal sector, and that number was
expected to increase.
The Trades Union Congress (TUC), the largest labor organization in
the country, consisted of 17 national unions. Led by experienced union
leaders, the TUC has been a vocal and constructive critic of the
Government's economic policies. Civil servants had their own union, the
Civil Servants Association, which operated outside of the TUC umbrella.
The Ghana Federation of Labor (GFL) was intended to serve as an
umbrella organization for several independent labor unions, which
either had ceased ties with or were never members of the TUC.
The law requires employers found guilty of antiunion discrimination
to reinstate workers fired for union activities.
Unions had the right to affiliate with international bodies. The
TUC was affiliated with the Organization of African Trade Union Unity
headquartered in Accra and also was a member of the International
Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
protects workers from employer interference and their right to organize
and administer their unions. The IRA provides a framework for
collective bargaining and some protection against antiunion
discrimination. Trade unions engaged in collective bargaining for wages
and benefits for both private and state-owned enterprises without
government interference. However, the Government, labor, and employers
negotiated together through a tripartite commission to set minimum
standards for wages and working conditions. No union leaders have been
detained in recent years for union or other activities.
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. Parties in a dispute may request compulsory arbitration. A
union may call a legal strike if the Government does not call for
formal arbitration. However, no union ever has 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 was enforced.
No further action was taken on the October 2001 appeal by workers
from DL Steel Limited to the Minister of Trade and Industry regarding a
worker-rejected severance package settlement by year's end.
In September 2001, the Minister of Manpower Development and
Employment stated that there were 22 industrial actions involving
12,830 workers in the first 8 months of 2001, costing the country
39,261 man-days of labor. Most actions involved demands for higher
wages and better benefits.
There was legislation that authorized export processing zones
(EPZs), and a few EPZs are in operation. Existing labor law applied in
any EPZ, including the right to organize.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however,
approximately 100 women and girls were bound to shrines in the Volta
Region through the localized Trokosi system and performed limited
servitude for limited periods (see Section 5). It was difficult to
determine the extent to which forced and bonded labor by children was
practiced.
There were newspaper reports of children being sold into slavery
for either sexual exploitation or labor, such as 10- to 12-year-old
boys working for fisherman in exchange for a yearly remittance to their
families. A 2002 report on child trafficking by the African Center for
Human Development counted 708 children under the age of 18 working in
fishing villages along the Volta Lake in the Afram plains (see Section
6.f.). However, there were no reports during the year that children
were sold into slavery; the practice appeared to involve informal
servitude, often with the consent of their parents (see Sections 6.d.
and 6.f.).
The ILO continued to urge the Government to revise various legal
provisions that permitted imprisonment with an obligation to perform
labor for offenses that were not allowed under ILO Convention 105.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law 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 2000 the Ministry of Employment and Social
Welfare estimated that 18,000 children were working in Accra and
800,000 countrywide. The ILO estimated that 12 percent of children
between the ages of 10 and 14 work. Children as young as 7 years worked
as domestic laborers, porters, hawkers, miners, quarry workers, fare-
collectors; they also worked in agriculture. The fishing industry on
Lake Volta has a particularly high number of child laborers engaged in
potentially hazardous work. According to an ILO representative, child
labor in the tourism industry also increased. Child laborers were
poorly paid and subjected to physical abuse; they received little or no
health care and generally did not attend school. According to
government labor officials, child labor problems did not exist in the
formal labor sector because ``exploitive child labor'' (defined as that
which deprives a child of health, education, or development) was
prohibited.
The migration of children from rural to urban areas increased, due
to economic hardship. Children were driven to the streets to fend for
themselves, increasing both the occurrence of child labor and the
school dropout rate. Observance of minimum age laws was eroded by local
custom and economic circumstances that encouraged children to work to
help support their families. Most economic activity of children between
ages 5 and 14 took place in the context of a family enterprise.
The African Center for Human Development, a local NGO, found that
child labor and child trafficking were widespread in the informal labor
sector, especially in larger cities and border areas (see Section
6.f.). In response to the study, the Government established a National
Steering Committee for the International Program for the Elimination of
Child Labor (IPEC), composed of representatives from the Government,
the Ghana Employer's Association, the TUC, the media, international
organizations, and NGOs to look into child labor issues. The Committee
developed the ``National Plan of Action for the Elimination of Child
Labor in Ghana 2001-2002,'' which was published by the Ministry of
Manpower Development and Employment and ILO/IPEC Ghana. Implementation
of the IPEC began in 2001; a national coordinator and steering
committee were established, and the Government's statistical service
was conducting a national survey of the child labor problem.
A Comprehensive Children's Act provided additional child labor
protection and strengthened the punishment for violators under the Act.
The Act incorporated the existing labor legislation's minimum age for
employment and prohibitions on night work and hazardous labor. In
addition, the legislation allows for children aged 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 were increased
considerably.
However, child labor laws were not enforced effectively or
consistently, and law enforcement officials, including judges, police,
and labor officials, often were unfamiliar with the provisions of the
law protecting children. District labor officers and the Social
Services sub-committees of District Assemblies were charged with seeing
that the relevant provisions of the law were observed. Inspectors from
the Ministry of Labor and Social Welfare were responsible for
enforcement of child labor regulations. They visited each workplace
annually and made spot checks whenever they received allegations of
violations. All law enforcement and judicial authorities in the country
were hampered by severe resource constraints and a lack of public
awareness about the problem.
The Ministry of Manpower Development and Employment had more than
100 labor inspectors throughout the country responsible for monitoring
companies' labor practices; however, the inspectors did not look
exclusively or specifically at child labor. When inspectors found
infractions of child labor laws, they generally informed the employers
about the provisions of the law and asked them to make changes;
however, there was no record of any prosecutions for child labor
resulting from these inspections. Officials only occasionally punished
violators of regulations that prohibited heavy labor and night work for
children. In addition, the inspectors' efforts were concentrated only
in the formal sector, which was not where the majority of child labor
was performed.
The law prohibits forced and bonded labor performed by children;
however, during the year, international observers reported that up to
100 girls and women were connected to Trokosi shrines (see Sections 5,
6.c., and 6.f.).
e. Acceptable Conditions of Work.--A tripartite commission composed
of representatives of the Government, labor, and employers set minimum
standards for wages and working conditions. On May 1, after lobbying by
trade unions, the Tripartite Commission raised the daily minimum wage
to $0.89 (7,150 cedis), which was insufficient to provide a decent
standard of living for a single wage earner and family. Furthermore,
there was widespread violation of the minimum wage law. In most cases,
households had multiple wage earners, and family members engaged in
some family farming or other family-based commercial activities. Trade
unions argued that an eventual minimum of a $1 (8,000 cedis) per day
would provide a living wage to workers.
The law sets the maximum workweek at 45 hours, with one break of at
least 36 consecutive hours every 7 days; however, through collective
bargaining the basic workweek for most unionized workers was 40 hours.
The Government compensated extra duty hours only for overtime actually
worked, in accordance with labor equity, rather than as an automatic
salary supplement.
Occupational safety and health regulations exist, and the Labor
Department of the Ministry of Health and Social Welfare occasionally
imposed sanctions on violators. However, safety inspectors were few and
poorly trained. They took action if matters were called to their
attention, but lacked the resources to seek out violations. Workers had
the right to withdraw themselves from dangerous work situations without
jeopardy to continued employment, although they rarely exercised this
right.
The law protects both legal and illegal foreign workers.
f. Trafficking in Persons.--No laws specifically addressed
trafficking in persons, and trafficking in persons was a problem;
however, the Government could prosecute traffickers under laws against
slavery, prostitution, and underage labor. The country was a source and
a destination country for trafficked persons. The Government
acknowledged that trafficking was a problem.
The law, which defines the rights of children and codifies the law
in areas such as child custody, health, and education, did not address
specifically trafficking. The country was a signatory of ILO Convention
182 and various ministries were working with the ILO and NGOs to
address trafficking. In March draft legislation criminalizing
trafficking in persons and establishing specific penalties for
convicted traffickers was completed; however, the legislation was not
submitted to Parliament by year's end. The Ministry of Manpower
Development and Employment, in conjunction with ILO/IPEC, implemented a
``National Plan of Action for the Elimination of Child Labor in Ghana
(see Section 6.d.).''
Law enforcement authorities were not trained or given sufficient
resources to deal with the problem and had a difficult time identifying
persons who were being trafficked because of the fluid nature of family
relations in the country. For example, a friend often was called a
``cousin,'' and an older woman an ``aunt,'' even if there was no blood
relation. The Government was attempting to train security forces,
immigration authorities, customs and border officials, and police on
issues of trafficking, and early in the year, immigration officials
were successful in stopping some child traffickers. There were no
developments in the April 2001 case in which a woman was arrested at
Paga, Upper East Region for trafficking to the Gambia eight boys and
three girls, between the ages of 6 and 14 or the 2000 case of two men
who had attempted to sell two young men into forced labor for $9,100
(50 million cedis) and were charged with ``slave dealings.''
Trafficking was both internal and international, with the majority
of trafficking in the country involving children from impoverished
rural backgrounds. The most common forms of internal trafficking
involved boys from the Northern Region going to work in the fishing
communities in the Volta Region or in small mines in the west and girls
from the north and east going to the cities of Accra and Kumasi to work
as domestic helpers, porters, and assistants to local traders. In 2000
more than 100 boys reportedly were contracted out to Lake Volta
fishermen (see Sections 6.c. and 6.d.). Local NGOs reported these
children were subjected to dangerous working conditions and sometimes
were injured or killed as a result of the labor they perform.
During the year, several persons were intercepted while trying to
take approximately 50 persons from the northern part of the country to
work in the southern part of the country. The 50 children were returned
to their homes and the traffickers were in police custody. The case was
pending in court at year's end.
Children between the ages of 7 and 17 also were trafficked to and
from the neighboring countries of Cote d'Ivoire, Togo, and Nigeria to
work as farm workers, laborers, or household help. On September 5, four
Ghanaian girls aged 14 to 18 were handed over to WAJU at the Ghana-Togo
border. The girls said they were taken from Ghana and forced to work as
prostitutes in Nigeria. On September 7, one woman was arrested, and the
investigation was ongoing at year's end.
Much of the recruitment of children was done with the consent of
the parents, who sometimes were given an advance payment or promised
regular stipends from the recruiter and were told the children would
receive food, shelter, and often some sort of training or education.
Some parents sent their children to work for extended family members in
urban areas; treatment of children sent to work in relatives' homes
varied. Many children were given to professional recruiters, usually
women, who placed the children with employers in cities. A child in
these circumstances usually was paid between $2.50 and $3.75 (20,000
and 30,000 cedis) per month. In many cases, the children never received
the education or vocational training the recruiters promised. Girls may
be forced into prostitution and often were sexually abused by their
employers.
Women also were trafficked to Western Europe, mostly Italy, Germany
and the Netherlands. International traffickers promised the women jobs;
however, the women often were forced into prostitution once they
reached their destination. The women were sent sometimes directly to
Europe, while others were trafficked through other countries. Some
young women were trafficked to the Middle East, particularly Lebanon,
where they worked in menial jobs or as domestic help. There also was a
growing trade in Nigerian women transiting Ghana on their way to
Western Europe and reportedly the Middle East to work in the sex
industry. Traffickers in person from other countries reportedly used
Accra as a transit point to Europe and reportedly the Middle East.
There reportedly was some trafficking in persons from Burkina Faso,
mostly transiting Ghana on the way to Cote d'Ivoire.
In March the Government announced its National Plan to Combat
Trafficking in Persons. The plan called for new legislation to
criminalize trafficking in persons, specific penalties for traffickers,
and specialized training for law enforcement agencies to detect and
prosecute traffickers. A National Commission to Combat Trafficking was
created, which coordinated antitrafficking efforts of governmental and
nongovernmental actors.
Several NGOs, both local and international, worked with trafficking
victims. These organizations, as well as the University of Ghana's
Center for Social Policy Studies, conducted studies into trafficking as
part of their broader agenda, performed some rescue operations for
street kids, provided training and education for victims of trafficking
and abuse, and in some cases, assisted with family reunification.
----------
GUINEA
Guinea is a constitutional republic in which effective power is
concentrated in a strong presidency. President Lansana Conte has ruled
since 1984 first as head of a military junta, and since 1994 as a
civilian president. Conte won a second 5-year term in a December 1998
election that was marred by violence and civil unrest, widespread
irregularities, and the arrest and detention of major opposition
candidates during vote counting. In November 2001, a nationwide
referendum, which some observers believe was flawed, amended the
Constitution to permit the President to run for an unlimited number of
terms, and to extend the presidential term from 5 to 7 years. The
country's second legislative election, originally scheduled for 1999,
was held June 30. President Conte's Party of Unity and Progress (PUP)
and associated parties won 91 of the 114 seats, with an officially
announced turnout of 72 per cent but a much lower actual participation
rate. The nonviolent election was boycotted by two of the three major
opposition parties. An increasingly disproportionate number of
appointed public sector positions, including senior military and
cabinet posts, were held by members of the President's own minority
ethnic Soussou group. The judiciary was subject to executive influence,
particularly in politically sensitive cases.
The Gendarmerie and the national police shared responsibility for
internal security and sometimes played an oppressive role in the daily
lives of citizens. Members of the Presidential Guard were accountable
to virtually no one except the President. There was no effective
civilian control of the security forces, whose members committed
serious human rights abuses; however, there were fewer reported abuses
than in previous years.
Approximately 85 percent of the country's population of 7.6 million
were engaged in subsistence agriculture. More than 80 percent of export
earnings came from mining, particularly bauxite, gold, and diamonds.
Economic growth lagged in recent years following a period of modest
growth between 1996 and 1999, which was attributable in part to
substantial assistance from international financial institutions and
bilateral donors. Since 1999 government collaboration with donors has
been complicated by additional defense spending, widespread corruption,
particularly at the port and customs offices, and limited transparency
in the Government, which has blocked efforts at economic and fiscal
reform.
The Government's human rights record remained poor; although there
were improvements in several areas, serious problems remained. The
Government's tight control of the electoral process, its refusal to
create an independent electoral oversight mechanism, and its
prohibition of nongovernmental broadcast media, effectively restricted
citizens' right to change their government. There were three unlawful
killings by security forces during the year, and there were no reports
of disappearances. Civilian and military security forces beat and
otherwise abused civilians. Members of the security forces committed
abuses, often with impunity. Prison conditions were inhumane and life
threatening. Arbitrary arrest and prolonged pretrial detention were
problems. The Government 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, although the private press criticized the Government
freely. The Government restricted freedom of assembly and association
and infringed on freedom of movement. Violence and societal
discrimination against women, prostitution of young girls, female
genital mutilation (FGM), ethnic discrimination and interethnic
violence, child labor, and reports of trafficking of women and children
continued.
Unlike in the previous year, there were no reports of crossborder
attacks by Revolutionary United Front (RUF) rebels from Sierra Leone
and armed attackers from Liberia.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--In past years,
security forces killed numerous persons, and there were reports of
deaths in custody due to torture and abuse. There were three confirmed
reports of security forces killing persons during the year. In July a
military patrol shot a young man following a dispute; there were no
reports of any arrests. In August a drunken gendarme shot and killed a
young man in Conakry. The gendarme was arrested and jailed the
following day, after the young man's family and neighbors protested.
Gendarme officials also paid compensation to the family. In November
army troops beat to death an individual in Kouroussa; there were no
reports of any arrests.
There were no reports of student killings during the year. No
action has been taken, nor is any likely to be, against the bodyguards
of the prefect of Koundara who killed and injured students during the
November 2001 protests.
Unlike in the previous year, there were no reported deaths in
custody due to inhumane prison conditions and inadequate medical
treatment (see Section 1.c.). No action was taken against prison
officials who mistreated refugees in 2001. Guinean prisoners, acting on
orders from prison officials, reportedly also killed a number of Sierra
Leonean refugees in 2001.
No action was taken, nor is any likely to be, against the security
forces in the following 2000 cases: The killing of six persons in
Conakry in November and the case of a prisoner allegedly tortured to
death. There was no investigation, nor is there likely to be, into the
clashes between security forces, ruling party militants, and opposition
party supporters during the 2000 municipal elections, which resulted in
the deaths of eight persons and injuries to several others.
Between January and April 2001, the army crossed into northern
Sierra Leone on a number of occasions in pursuit of RUF rebels and
other attackers from Sierra Leone and Liberia. During these actions,
security forces killed a number of civilians and destroyed numerous
houses and other structures in RUF-occupied villages; however, no
statistics were available. Since the May 2001 shelling of a group of
RUF rebels at a disarmament site, which killed at least one civilian,
there have been no reports of the Guinean military mounting crossborder
operations into Sierra Leone or Liberia.
Government authorities continued to block efforts by human rights
groups and nongovernmental organizations (NGOs) to investigate
political killings that took place in the 1970s under then-President
Sekou Toure. Following visits during 2001 to Camp Boiro, where
political prisoners were held during the Sekou Toure regime, human
rights groups and NGOs suggested that an intentional lack of
maintenance and upkeep was destroying evidence of the camp's former
use. During 2001 the Government did not permit survivors of Camp Boiro
to receive funds intended to transform the camp into a memorial; the
group did not apply for funds during the year.
There were no crossborder attacks by RUF rebels or other attackers
from Sierra Leone and Liberia during the year and no action was taken
against those responsible for attacks in previous years.
Many victims of crime feared that they might never receive justice
because of judicial corruption and at times resorted to exacting their
own form of retribution through vigilante violence. Some suspected
criminals, notably thieves and rapists, were beaten to death or burned
by their victims or others after being soaked with a flammable liquid.
In August 2001, two criminals reportedly were killed; there were no
reports of any punishment for those who killed criminals.
c. Disappearance.--Unlike in previous years, there were no reports
of politically motivated disappearances. There also were no reports
that refugees, Sierra Leonean citizens, or RUF rebels were abducted
during the year.
d. 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 beat and otherwise abused civilians. There
also were reports that security forces used torture and beatings to
extract confessions and employed other forms of brutality, including
holding prisoners incommunicado without charges under inhumane
conditions. There were no reported judicial proceedings against
officers suspected of committing abuses. Many citizens viewed the
security forces as corrupt, ineffective, and even dangerous. Police
ignored legal procedures and extorted money from citizens at roadblocks
(see Section 2.d.).
Human Rights Watch (HRW) reported that, during the screening of
Liberian refugees entering the country during July and August, young
male refugees were stripped and searched for tattoos, scarification, or
other signs of connection with dissident Guinean or RUF forces. Some of
these young men were reported to have been detained in local jails in
the Yomou area for up to 1 week, and there were unconfirmed reports
that some were beaten and tortured. In June 2001, an NGO reported that
army troops amputated the limbs of their RUF prisoners; however, there
were no witnesses to confirm these reports, which the Government
denied.
There continued to be reports of sexual assaults on refugees (see
Section 2.d.). HRW reported that over a period of 3 days in August,
soldiers gang raped three or four refugee women in the town of Yomou.
The soldiers subsequently were arrested and imprisoned by their
commanding officer. There also were reports that refugees were beaten,
stripped, and searched at roadblocks while in detention (see Section
1.d.).
The Organisation Guinienne de Defense des Droits de L'Homme et du
Cityoyen (OGDH) reported that in the spring in the town of Mandiana, a
gendarme acting on his own tortured a citizen to extract information
about a rifle stolen from the gendarme. The gendarme was arrested and
imprisoned.
No action was taken against trainees responsible for the November
2001 beating of students in Kissidougo or the security forces who in
November and December 2001 forcibly dispersed demonstrations and beat
students.
No action was taken, nor is any likely to be, in the following
cases from 2000: Security forces who shot, beat, and raped civilians,
and pillaged personal property during the June elections; the soldiers,
police, and civilian militia groups who detained, beat, and raped
refugees from Sierra Leone and Liberia in September; and the case of
defendants in the Alpha Conde trial who reported that they were
tortured, starved, and neglected during their detention.
Prison conditions were inhumane and life threatening. While
officials provide a basic diet for prisoners, most inmates relied on
supplemental assistance from families or friends to maintain their
health. Guards often demanded bribes in exchange for allowing delivery
of food to those incarcerated. Standards of sanitation remained poor,
which have resulted in several dozen deaths due to malnutrition and
disease in previous years; there were no confirmed reports of deaths
during the year (see Section 1.a.). Some prisoners have reported
sleeping on their knees because their cells were so small. Prisoners
reported threats, beatings, and harassment by guards, and some reported
being denied food and a place to lie down. The independent press, a
local human rights organization, and a former prisoner reported in
previous years that inmates routinely were beaten and subjected to
other forms of abuse at the prison in Koundara in the north.
The OGDH determined that prisoners in at least one major prison in
N'Zerekore had suffered more from neglect and lack of resources than
from mistreatment. According to the OGDH, the N'Zerekore prison was a
converted grain warehouse with no electricity or running water. Built
in 1932 for 70 prisoners, it housed 120 in 2001. Although the Minister
of Justice has criticized inhumane prison conditions during televised
visits to prison facilities in 2001, no concrete action was taken to
improve conditions by year's end.
There were credible reports from prisoners that female inmates were
subject to harassment and sexual assault by guards. Men and women were
housed separately, but juveniles generally were housed with adults.
Pretrial detainees were not separated from convicted prisoners, and the
prison system often was unable to track pretrial detainees after
arrest. At times detainees remained in prison for up to 2 years without
trial. Although the Government claimed that it did not have political
prisoners, prisoners of political importance usually were held in the
main prison in Conakry with the general prison population; however,
they were housed in separate cells.
The Government permitted prison visits by the International
Committee of the Red Cross (ICRC) and other local humanitarian and
religious organizations, which offered medical care and food for those
in severe need. A former prisoner reported that without this
assistance, those who did not have families or friends would have
starved to death.
The ICRC reported that it had been allowed regular access to all 33
official detention facilities in the country during the year due to a
signed agreement with the Government. According to the ICRC,
authorities were cooperative, and the ICRC has been encouraged by the
response of the prison and security authorities to ICRC initiatives in
improving prison facilities in Conakry and Kankan.
d. Arbitrary Arrest, Detention, or Exile.--Security forces
regularly used arbitrary arrest and detention, despite procedural
provisions in the Penal Code designed to safeguard detainees. In
practice administrative controls over the police were ineffective, and
security forces rarely followed the Penal Code. The Code of Penal
Procedure permits only the Gendarmerie to make arrests, but the army,
the Presidential Guard (Red Berets), and the state police often
detained persons as well.
The Penal Code requires that the Government issue a warrant before
an arrest can be made and that detainees be charged before a magistrate
within 72 hours; however, many detainees were 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.
The Constitution proscribes incommunicado detention; however, at times
it occurred in practice. The law provides for access by attorneys to
their clients, but authorities frequently did not respect this
provision. Release on bail was at the discretion of the magistrate who
had jurisdiction.
The Penal Code strictly forbids the detention of civilians at
military camps; however, this provision largely was ignored.
There were no reports of politically motivated arrests prior to the
June legislative elections; however, the OGDH reported that an
undetermined number of opposition members were arrested in Dalaba on
election day and later were released after paying a $50 fine (100,000
FG francs).
In September police detained three Union of Republican Forces (UFR)
officials at their headquarters on suspicion of conspiracy against the
Government. The three officials were released after a search of the
building.
Authorities arrested journalists (see Section 2.a.).
Security forces frequently detained persons at roadblocks and
extorted money from them (see Section 2.d.). The army and the
Gendarmerie continued to detain refugees during the year. In September
the U.N. High Commission for Refugees (UNHCR) reported that 89 of the
total refugee population of 180,000 were in detention throughout the
country. In June 2001, authorities arrested 52 persons reportedly after
refugees in the Telikoro camp attacked a group of gendarmes inside the
camp. The protection office of the UNHCR reported that 33 persons
remained in custody in the Kissidougou prison after being tried and
convicted on a variety of charges. HRW confirmed that refugees died
during the year while in detention because of poor prison conditions
and abuse (see Sections 1.a., 1.c., and 2.d.).
There was no further information, nor is there likely to be, on the
following incidents from 2000: The whereabouts of 3 of 5 refugees
detained at the Guekedou refugee camp and the detention by the police
of approximately 30 students who were protesting poor conditions in
schools.
Bar Association attorneys, the independent press, and government
sources described in past years a parallel and covert system of justice
run by unidentified uniformed personnel who conducted midnight arrests,
detained suspects, and used torture in secret prisons to obtain
confessions before transferring detainees to prosecutors (see Section
1.c.). Unlike in previous years, there were no reports of specific
incidents involving a parallel justice system. In previous years, a
variety of witnesses, including former prisoners and those accused in
the coup-plotting trial of Alpha Conde, had reported that the
Government imprisoned for political reasons persons considered a threat
to state security at the Kassa prison, allegedly located on an island
off Conakry. The Government denied the existence of the Kassa Island
prison and stated that prisoners identified as political detainees have
been incarcerated for criminal acts and were housed in other prisons.
There have been no new reports of the existence of the Kassa facility
since 2000.
The Government does not practice forced exile, although several
soldiers who fled the country in 1996 after a mutiny attempt remained
in self-imposed exile, according to their families. There were credible
reports that these soldiers were engaged in the armed attacks on the
country in conjunction with RUF rebels from Sierra Leone and Liberian
forces in 2001 and 2000 (see Section 1.a.).
e. Denial of Fair Public Trial.--The Constitution provides for the
judiciary's independence; however, judicial authorities routinely
deferred to executive authorities in politically sensitive cases.
Magistrates were civil servants with no assurance of tenure. Because of
corruption and nepotism in the judiciary, relatives of influential
members of the Government often were, in effect, above the law. Judges
often did not act independently, and their verdicts were subject to
outside interference. Influential persons often intervened on behalf of
their relatives to affect the disposition of a case.
The judiciary includes courts of first instance, the two Courts of
Appeal, and the Supreme Court, which is the court of final appeal. A
military tribunal prepares and adjudicates charges against accused
military personnel, to whom the Penal Code does not apply. Civilians
were not subject to military tribunals. The Government announced in
1996 the creation of a Discipline Council for dealing with civil
servants who abuse their positions as government employees; however,
the Council still had not prosecuted any cases by year's end.
The judicial system was 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 was responsible for funding legal defense costs in serious
criminal cases, in practice it rarely disbursed funds for this purpose.
The attorney for the defense frequently received no payment. In 2000
the Minister of Justice introduced a system for tracking cases of
pretrial detainees to follow up on those that did not reach the courts
in a timely manner; however, a lack of information technology and
training rendered the system ineffective. No improvements were made to
this system during the year.
In January the Minister of Justice attempted to dissolve the Bar
Association and arrest its president for not following the Ministry's
recommendations. Negative publicity and pressure from President Conte
forced the Minister to reverse his position.
The State Security Court is comprised of magistrates directly
appointed by the President, and the verdict is open only to an appeal
on a point of law, not for the reexamination of evidence. In 2000 the
State Security Court tried presidential candidate Alpha Conde and his
codefendants.
Alpha Conde was arrested with three others in 1998 and charged with
the following: Illegal use of military force; undermining the authority
of the state and the integrity of the national territory; use of
violence against a state security officer; wrongful possession and
transfer of foreign currency; and an illegal attempt to cross the
border. In September 2000, Conde was found guilty and was sentenced to
5 years in prison in a flawed trial. Most of Conde's codefendants were
found innocent and released, while all of the others were sentenced to
time served. In May 2001, President Conte pardoned Conde. Conte
previously was reported to have restored all of Conde's political and
civil rights; however, Conde's right to vote and run for political
office in the country have not been restored.
Many citizens wary of judicial corruption preferred to rely on
traditional systems of justice at the village or urban neighborhood
level. Litigants presented 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 was 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 discriminated against women in that evidence given
by women carries less weight, in accordance with Islamic precepts and
customary law (see Section 5).
There were no claims during the year that the Government held
political prisoners. According to the Rally of the Guinean People party
(RPG), approximately 20 party members were detained during 2001 by the
prefecture authorities in Beyla, Kerouane, and Macenta on unspecified
charges. All 20 were released in 2001.
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
and paramilitary police often ignored legal procedures in the pursuit
of criminals. Police and the military frequently detained persons at
nighttime roadblocks for purposes of security but also to extort money
or goods.
Security officials were believed widely to monitor the mail. Local
businesses, including foreign companies, often complained of
intimidation and harassment by public officials and authorities.
During the year, authorities relocated thousands of refugees from
border areas to camps in the country's interior; the relocation was
voluntary (see Section 2.d.).
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 broadly restricted these rights. The Government prohibited
talk or chants in public that it considered seditious, established
defamation and slander as criminal offenses, and prohibited
communications that insulted the President; incited violence,
discrimination, or hatred; or disturbed the public peace. Sanctions
included fines, revocation of press cards, imprisonment, and
banishment.
In December a journalist was arrested and tried in Conakry for the
defamation of a public official. The journalist was sentenced to 1-year
imprisonment but subsequently was pardoned by President Conte.
In July 2001, police in Conakry closed the offices of the UFR,
whose leader vocally opposed the Government's campaign to extend the
President's term in office. The office reopened during 2001 and the UFR
continued to function as an opponent of the administration.
The Government published an official newspaper, the daily Horoya,
and operated the official television and radio (ORTG) stations. The
state-owned media provided extensive and favorable coverage of the
Government and ruling party, while providing little coverage of
opposition party activities. For example, the Government and the PUP
used the state-owned media to campaign for constitutional changes to
allow a third term for President Conte (see Section 3). Journalists for
the official press practiced self-censorship and avoided reporting on
politically controversial issues. However, some younger broadcast
journalists for the official press reported critically about the
Government.
There was a vocal private press that criticized the President and
the Government. For example, the weekly satirical newspaper Le Lynx
published front-page cartoons lampooning the President and senior
government officials. Seven private newspapers (Le Lynx, La Lance,
L'Oeil, Le Democrat, L'Independant, La Nouvelle Tribune, and
L'Observateur) were published weekly in Conakry, and up to 10 other
publications appeared sporadically, although technical difficulties and
high operating impeded regular publication. Le Lynx and La Lance, under
the same management, had Internet web sites. One newspaper, L'Espoir,
was affiliated with the governing political party, and several other
newspapers were affiliated with opposition parties. Other newspapers
offered news and criticism of both the Government and the opposition.
However, because the literacy rate was only approximately 35 percent of
the total population and the price of newspapers was beyond the reach
of the average citizen, print media had a limited audience. Despite the
limited reach of the print media, the Government still occasionally
criticized and harassed print journalists.
In December the Government suspended three newspapers--Croisade,
Diplomate, and Defi--for unspecified reasons.
The Government-controlled press promoted ruling party candidates
during the June legislative elections. Opposition parties were allowed
5 minutes on government television and radio per party per night during
the final month leading up to the election.
Political tracts occasionally circulated in Conakry and other urban
areas. Some tracts supported the Government, while others specifically
criticized senior officials. Foreign publications, some of which
criticized the Government, often were available.
In July an army officer detained the editor of the newspaper
L'Aurore and then released him the following day.
The trial of the journalist arrested in July 2000 for publishing an
article about the electric company Sogel still was pending at year's
end, although he had been released.
The Government owned and operated all domestic broadcast media
including radio, which was the most important source of information for
the public. Although the law permits private electronic media, the
Government never has approved license requests for private radio and
television stations, on the grounds of national security and stability.
Many citizens listened regularly to foreign-origin shortwave radio. The
Government did not restrict access to or distribution of foreign
television programming via satellite or cable; although relatively few
citizens could afford these services.
The Government did not restrict access to the Internet. At year's
end, there were four domestic service providers, three private and one
affiliated with SOTELGUI, the joint venture telephone company (owned by
the Government and a Malaysian telecommunications firm), which held a
monopoly on international telephone lines. Storefront operations
offering Internet access were common throughout downtown Conakry;
however, a lack of reliable telephone lines restricted home access,
even for the few who could afford it.
The Ministry of National Education and Scientific Research
exercised limited control over academic freedom through its influence
on faculty hiring and control over the curriculum. In general teachers
were not subject to classroom censorship.
Police broke up student protests in Dubreka, Fria, Boke, Kamsar,
Kindia, and Kankan during the year. In all of these cases, students had
been protesting for better classroom conditions.
b. Freedom of Peaceful Assembly and Association.--The law restricts
freedom of assembly, and the Government exercises its power to restrict
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 72-hour advance notification
of public gatherings, otherwise the events are considered illegal.
The Government banned all street marches except funerals. The law
permits local authorities to cancel a demonstration or meeting if they
believed that it posed a threat to public order. They could hold event
organizers criminally liable if violence or destruction of property
ensued. In December 2000, the Governor of Conakry announced that
written permission from his office was required for all public meetings
of all associations, NGOs, groups, cooperatives, and political parties.
Police and gendarmes dispersed several unauthorized demonstrations
during the year, including several student protests and protests
against price increases in Kamsar and Conakry (see Section 2.a.).
No action was taken against security forces who forcibly dispersed
demonstrators in 2001.
No action was taken against security forces who killed six persons,
including a university professor, who were meeting to plan a
demonstration against the Government's policy in the forest region in
late 2000.
The law provides for freedom of association; however, the
Government restricted this right in practice. The Government imposed
cumbersome requirements to obtain official recognition for public
social, cultural, religious, or political associations. Most of the
restrictions focused on political associations as opposed to
nonpolitical associations. For example, political parties had to
provide information on their founding members and produce internal
statutes and political platforms consistent with the Constitution
before the Government recognized them.
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 respected these rights
in practice.
The Government-sponsored National Islamic League (NIL) represented
the country's Sunni Muslim majority, which comprised 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 exemptions and
energy subsidies. Missionary groups were required to make a declaration
of their aims and activities to the Ministry of Interior or to the NIL.
Government support of the powerful, semi-official NIL led some non-
Muslims to complain that the Government uses its influence to favor
Muslims over non-Muslims, although non-Muslims were represented in the
Cabinet, administrative bureaucracy, and the armed forces. The
Government refrained 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.
Relations among the various religions generally were amicable;
however, in some parts of the country, Islam's dominance was such that
there was strong social pressure that discouraged non-Muslims from
practicing their religion openly.
For a more detailed discussion see the 20002 International
Religious Freedom Report.
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 at times infringed on these
rights. The Government requires all citizens to carry national
identification cards, which they must present on demand at security
checkpoints. Police and security forces frequently detained persons,
particularly late at night, at military roadblocks and extorted money
from them. The private press and local NGOs reported that travelers
often were pressured to pay bribes to allow passage. Government
officials stated that a few rogue soldiers were corrupt; however, abuse
at official checkpoints was systemic. Unlike in the previous year, the
Government did not require armed escorts in the forest region due to
the presence of Liberian dissidents in the border area.
The border with Liberia remained closed officially during the year;
however, the Government continued to accept refugees. HRW reported that
at some border crossings security forces were turning away young
Liberian men who were suspected of being combatants in the conflict in
northern Liberia. There also were confirmed reports that government
soldiers at some border crossing points were cooperating with the
Liberian dissident movement Liberians United for Reconciliation and
Democracy (LURD) to screen refugees for forced recruitment (see Section
1.f.).
The border with Sierra Leone remained officially closed during the
year. Local commercial and personal travel between the countries was
permitted, and Sierra Leonean refugees residing in the country
officially were allowed to return to Sierra Leone both on their own and
under the auspices of UNHCR.
According to the Government, as of early in the year, there were
82,000 internally displaced persons (IDPs) remaining in the country as
a result of the 2000 and 2001 border attacks by RUF rebels from Sierra
Leone and by Liberian forces.
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 cooperated with the
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. The UNHCR stated that as of September more than 150,000
Liberian and Sierra Leonean refugees resided in the country. Of these
refugees, 92,546 (50,895 Liberians and 41,641 Sierra Leoneans) were
under UNHCR protection in camps, with the remainder living in Conakry
or villages and towns in the forest region. As of July 17, 56,390
Sierra Leoneans had repatriated voluntarily since 2001.
Operations to move Liberian refugees away from the border began in
August 2001 but were halted in July due to increasing arrivals of new
Liberian refugees.
In the past, the Government generally was hospitable toward
refugees; however, as crossborder raids by RUF rebels from Sierra Leone
and by Liberian forces intensified in 2000 and 2001, the Government
increasingly became less tolerant toward refugees. Unlike in the
previous year, there were neither border crossings by the army into
northern Sierra Leone nor by RUF rebels from Sierra Leone and Liberian
forces into the country during the year.
There were some reports that refugees were forced to pay bribes to
get past many of the checkpoints. Security forces continued to arrest
suspected rebels at the border as they tried to enter the country.
Security forces, searching for tattoos and other marks identifying
rebels, searched and stripped refugees in public during the year (see
Sections 1.c. and 1.d.).
While allegations surfaced during the year that U.N. employees
sexually abused or exploited refugees, a subsequent investigation
failed to corroborate any of the charges from the initial report.
Nonetheless, U.N. officials reportedly took steps to increase security
for refugees in the country.
There were reports from NGOs and UNHCR that the LURD forcibly
recruited refugees at camps in Guinea. For example, on August 26,
members of LURD entered Kouankan refugee camp and attempted to recruit
10 refugees to return to Liberia to fight against the Liberian
government. The LURD members eventually returned to Liberia with two
refugees who they claimed were former combatants. Government
authorities made no attempt to deny LURD combatants access to the
Kouanka refugee camp.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The 1990 Constitution provides for a popularly elected President
and National Assembly; however, the ability of citizens to exercise
this provision effectively was restricted. The Government's tight
control of the electoral process and lack of an independent electoral
oversight mechanism called into serious doubt the ability of citizens
to change their government peacefully.
From June through November 2001, the Government and ruling party
campaigned to amend the Constitution's mandated limit of two 5-year
presidential terms. This campaign included the use of government-
controlled media and official events in order to create the impression
that there was widespread popular support for the amendment. In
November 2001, a nationwide referendum was held on constitutional
changes to allow the President to run for an unlimited number of terms,
and to extend the presidential term from 5 to 7 years. The Government
reported 91 percent participation in the referendum, and more than 98
percent of the votes in favor of the changes; however, impartial
observers stated that turnout appeared to be no more than 25 percent.
The Government continued to dominate the electoral process. The
Government continued to refuse to establish an independent national
election commission. The Government retained exclusive control of all
registration and election procedures, including the casting and
counting of votes. The Government controlled both the 1993 and the 1998
multiparty presidential elections and the multiparty legislative
elections in 1995 and June, limiting the opposition to a subordinate
role. There were approximately 46 legally recognized political parties;
deputies of 5 different parties were represented in the National
Assembly elected in June.
According to the Government's tabulation of results, President
Conte was elected in 1998 to a second 5-year term, receiving 56 percent
of the 2.7 million votes cast. The election was marred by violence and
disruption of opposition campaigning before the polling, by civil
unrest after the polling, by widespread irregularities that tended to
favor the incumbent, and by the arrest and detention of major
opposition candidates during the vote-counting process.
Opposition party officials charged that security forces arrested
and detained more than 100 opposition pollwatchers on election day,
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 military
installations to which they were posted and were subject to strong
pressures to vote for President Conte.
Observers from various organizations, affiliated chiefly with
developing countries, issued a statement that found no fault with the
casting of ballots on election day; however, observers from European
and other credible foreign organizations did not endorse that
statement, which was issued before the election results were announced
and that did not address registration, campaigning, and the counting of
votes.
Legislative elections originally scheduled for 1999 were
rescheduled for December 2001; however, they were postponed again due
to logistical and timing problems and pressure from the international
community. Members of the National Assembly met in April 2001 and
conducted normal business; however, some observers have questioned the
legality of the session as the members' terms expired in 2000. In June
legislative elections were held, and observers judged the results to be
questionable due to a lack of transparency and neutrality in the
electoral process.
The President continued to hold the power to appoint the governors,
prefects, and their deputies to administer regions and subregions
respectively. Most of these officials were members of the PUP or of
parties allied with it. Local governments generally had limited
autonomy. Although they had some financial resources with which to fund
local programs, most of their funds were controlled by the central
government.
There were 19 female deputies in the 114-member National Assembly
elected on June 30. Three women held seats in the 26-member Cabinet:
The Minister of Commerce; the Minister of Tourism; and the Minister of
Social Affairs and Promotion of Women. There were few women at senior
levels below minister, and there were no women in the senior ranks of
the armed forces. Women played a minor role in the leadership of the
major political parties.
The Cabinet and armed forces leadership included representatives of
all major ethnic groups. However, a disproportionate number of senior
military officers were Soussou, the President's ethnic group.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were a number of local NGOs primarily interested in human
rights problems. Government officials generally were cooperative and
responsive to their views; however, some local organizations alleged
that government officials tried to intimidate them, and that they often
met resistance when trying to investigate abuses or engage in civil
education. Various government officials blocked private efforts to
memorialize victims of the Sekou Toure regime that ruled the country
from independence until 1984. Following a series of crossborder raids
by rebels in 2001 and 2000, several NGOs suspended activities due to
insecurity and instability in the border region. NGOs resumed operation
in the forest region during the year, although most took extra
precautions due to the ongoing conflict across the borders in both
Liberia and Cote d'Ivoire.
A human rights office within the Ministry of Defense, the Office of
International Humanitarian Rights, has conducted more than 100 human
rights seminars since 1994 to teach military personnel about human
rights recognized by international and regional agreements. Seminars
were conducted by military and civilian trainers from the ICRC during
the year under the auspices of this human rights office.
Section 5. Discrimination Based on Race, Sex, 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 did not enforce
these provisions uniformly.
Women.--Domestic violence against women was common, although
estimates differed as to the extent of the problem. Wife beating is a
criminal offense and constitutes grounds for divorce under civil law;
however, police rarely intervened in domestic disputes. The social
stigma attached to rape prevented most victims from reporting it.
Marital rape goes unreported, because most women and men view it as the
husband's right. Several local NGOs were working to increase public
awareness of the nature of these crimes and to promote increased
reporting. The Government did not pursue vigorously criminal
investigations of alleged sexual crimes.
FGM was practiced widely 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. FGM was
performed on girls and women between the ages of 4 and 70, but exact
figures on this procedure were difficult to establish. 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 women and girls
subjected to FGM. CPTAFE estimated the figure to be between 65 and 75
percent; however, expert estimates varied between 65 and 90 percent.
The lower figure, if accurate, would represent a decline over recent
years due to education of the population by women's rights groups about
the health risks associated with the practice. However, infibulation,
the most dangerous form of FGM, still was performed in the forest
region, but less frequently than in previous years. Despite diseases
resulting from crude and unsanitary surgical instruments and deaths
resulting from the practice, the tradition continued, seriously
affecting many women's lives. FGM also increased the risk of HIV
infection since unsterilized instruments were shared among
participants.
The Government made efforts to educate health workers on the
dangers of this procedure, and it supported the CPTAFE's efforts. The
CPTAFE reported high rates of infant mortality and maternal mortality
due to FGM. In 1997 the Government, in collaboration with the World
Health Organization, initiated a 20-year program to eradicate FGM. As a
result, government ministers, health officials, and the media have
discussed FGM more frequently; however, there were no statistics
evaluating the success of the program.
A growing number of men and women opposed FGM. Urban, educated
families were opting increasingly to perform only a slight symbolic
incision on a girl's genitals rather than the complete procedure.
During the year, CPTAFE held large public ceremonies 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 performed FGM opposed its eradication since the practice
was lucrative.
There were reports that women were trafficked for the sex trade and
illegal labor (see Section 6.f.).
Although the Government made regular statements in the media
against sexual harassment, women working in the formal sector in urban
areas complained of frequent sexual harassment.
The Constitution provides for equal treatment of men and women, and
the Ministry of Social Affairs and Women's Promotion worked to advance
such equality; however, women faced discrimination throughout society.
Women faced discrimination particularly in rural areas where
opportunities were limited by custom and the demands of childrearing
and subsistence farming. Women were not denied access to land, credit,
or businesses, but inheritance laws favored male heirs over females.
Government officials acknowledged that polygyny was a common practice.
Divorce laws generally tended to favor men in awarding custody and
dividing communal assets. Legal evidence given by women carried less
weight than testimony by men (see Section 1.e.). The Government
affirmed the principle of equal pay for equal work; however, in
practice women received lower pay than men.
Children.--The Constitution provides that the Government has a
particular obligation to protect and nurture the nation's youth, and
the Government allocated a significant percentage of the budget to
primary education; however, the Government did not spend the allocated
funds. A Minister of Youth was charged by the President with defending
women's and children's rights, and a permanent committee dedicated to
defending the rights of the child, with members chosen from different
ministries, NGOs, and other sectors, was established in 2000.
The Government provided free, compulsory primary school education
for 6 years; however, enrollment rates were low due to school fees and
lax enforcement of laws mandating school attendance. Approximately 51
percent of all eligible students were enrolled in primary school,
including 66 percent of eligible boys compared with 37 percent of
eligible girls. Girls often were taken out of school and sent to work
to help pay for their brothers' education.
FGM was performed commonly on girls (see Section 5, Women).
The legal age for marriage is 21 years for men and 17 years for
women; however, underage marriage was a problem. The CPTAFE, in
conjunction with the Government, local journalists, and international
NGOs, promoted 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.
There were reports that girls were trafficked for prostitution and
other labor (see Section 6.f.).
Persons with Disabilities.--The Constitution provides that all
persons are equal before the law. There are no special constitutional
provisions for persons with disabilities. The Government has not
mandated accessibility for persons with disabilities, and few persons
with disabilities worked, although some developed opportunities in the
informal sector in small family-run businesses.
National/Racial/Ethnic Minorities.--The country's population was
ethnically and regionally diverse. No single ethnic group constituted a
majority nationwide. The largest ethnic groups were the Puhlar, also
called Peuhl or Fulani (approximately 40 percent of the population),
the Malinke (approximately 30 percent), and the Soussou (approximately
20 percent). Each group spoke a distinct primary language and was
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 was strong. Mutual suspicion
affected relations across ethnic lines, in and out of the Government.
Widespread societal ethnic discrimination by members of all major
ethnic groups was evident in private sector hiring patterns, in the
ethnic segregation of urban neighborhoods, and in the relatively low
levels of interethnic marriage. The proportion of public sector
positions occupied by Soussous, particularly at senior levels, was
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 was the Puhlar, while the RPG's main base
was 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.
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. The Government generally
respected this right in practice. Approximately 160,000 workers were
reported as unionized, although inadequate labor statistics make it
difficult to estimate the exact percentage of workers in unions.
Approximately 52,000 were government workers and thus automatically
members of the Government union. The rest were engaged in private,
mixed, and informal sectors. The largest independent union, Union of
Workers of Guinea (USTG), claimed 64,000 members, 18,000 of which were
women.
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. The Labor Code requires elected worker
representatives for any enterprise employing 25 or more salaried
workers.
There were several trade unions and labor confederations; the
National Confederation of Guinean Workers (CNTG) remained the largest
confederation. CNTG was an umbrella organization for 16 individual
unions of government employees, each of which was affiliated with a
government ministry. The CNTG was funded indirectly by the Government,
although dissident members sought 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.
The Code also prohibits antiunion discrimination. Union delegates
represented individual and collective claims and grievances with
management. However, at regional and prefecture levels, unionized labor
faced strong opposition from government officials. Union officials were
selected on the basis of nepotism and patronage; these individuals were
not sensitized to the rights of workers, and often viewed unions as an
enemy of the Government. As a result, union activities in the interior
of the country faced harassment and interference from many governors
and prefects. Union activities in Conakry faced less harassment and
interference. Individual workers threatened with dismissal or other
sanctions had 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 convened weekly to hear such cases. In the
interior, civil courts heard labor cases.
The Government continued to pay the travel and lodging expenses of
CNTG representatives to International Labor Organization (ILO)
conferences. Other independent unions had to fund their own attendance
at ILO conferences.
Unions affiliated freely with international labor groups such as
the ILO.
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. Employers established rules
and hours of work in consultation with union delegates.
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,'' which includes
hospitals, radio and television, army, police, communications, and
transport services.
Strikes were sometimes met with intimidation from security forces
and, as a result, often did not take place. In September 2001, the
Government did not interfere with a weeklong strike called by the Bar
Association protesting the threatened arrest of one of its members. The
strike ended following negotiations with government officials. In
January the Independent Union of Guinean Teachers and Researchers and
the Federation of Professional Educators called a strike, which was
settled peacefully after the Government agreed to meet most of the
unions' demands.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Labor Code
specifically forbids forced or bonded labor, including by children;
however, there were reports that it occurred (see Section6.f.).
The law prohibits the exploitation of vulnerable persons for unpaid
or underpaid labor, which carries a penalty of 6 months to 5 years
imprisonment and a fine of approximately $25 to $150 (36,400 to 218,400
GF francs). Submitting a vulnerable or dependent person to inhumane
working or living conditions carries a sentence of 1 month to 5 years
imprisonment and a fine of approximately $25 to $250 (36,400 to 364,000
GF francs).
The Government did not enforce these provisions of the law in
practice.
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 were not permitted to
work at night, for more than 10 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 was limited to large firms in the modern sector of
the economy. Overall approximately 48 percent of children under age 15
were employed, accounting for approximately 20 percent of the total
working population and 26 percent of agricultural workers. Child labor
in factories was not prevalent because of the low level of
manufacturing. Working children were found mostly in the informal
sector areas of subsistence farming, and small-scale commerce and
mining. Girls as young as age 14 engaged in prostitution (see Section
6.f.).
The Government has spoken out against child labor, but lacked the
resources, enforcement mechanism, and the legislative will to combat
the problem. As a result, child laborers did not have access to
education or health care; they suffered from chronic malnutrition,
traumatic stress, and depression.
Many young Muslim children sent to live with a Koranic master for
instruction in Arabic, Islam, and the Koran worked for the teacher as
payment. Children often were sent from rural areas to Conakry to live
with family members while they attended school. However, if the host
family was unwilling or unable to pay school fees, the children sold
water or shined shoes on the streets, and the host family took the
money in exchange for their room and board (see Section 6.f.).
The Government signed and ratified the ILO Convention 182 during
the year. The worst forms of child labor were found in the artisanal
mining sector where children hauled granite and sand for little or no
money.
There were reports that forced and bonded child labor occurred (see
Section 6.f.).
e. Acceptable Conditions of Work.--The Labor Code allows the
Government to set a minimum hourly wage; however, the Government has
not exercised this provision nor does it promote a standard wage.
Prevailing wages often were inadequate to provide a decent standard of
living for a worker and family. There also were provisions in the code
for overtime and night wages, which were fixed percentages of the
regular wage.
The Labor Code mandates that regular work not to exceed 10-hour
days or 48-hour weeks, and a period of at least 24 consecutive hours of
rest each week, usually on 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 enforced 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 was responsible for enforcing labor standards, and its
inspectors were empowered to suspend work immediately in situations
hazardous to health; however, enforcement efforts were sporadic. Labor
inspectors acknowledged that they could not cover even 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 poor working conditions without result. There
were no reports of such protests during the year.
The law applies to all workers in the country, regardless of
nationality; however, the law does not define whether it applies to
persons working in the country illegally.
f. Trafficking in Persons.--The law prohibits trafficking in
persons and carries a penalty of 5 to 10 years imprisonment and
confiscation of any money or property received as a result of
trafficking activities; however, some NGOs in the past reported that
women and children were trafficked within the country, as well as
internationally, for the sex trade and illegal labor. Trafficking in
persons from rural areas to urban centers increasingly was recognized
as a problem (see Section 6.c.). Accurate statistics are difficult to
obtain, because victims do not report the crime for fear for their
personal safety.
Several government agencies, particularly the Ministry of Social
Affairs and the Promotion of Women and Children, were involved in
antitrafficking efforts.
In February 2001, the Children's Protection Division and UNICEF
reported that trafficking of children was a problem among the Sierra
Leonean and Liberian refugee populations in the prefectures of
Guekedou, Macenta, N'Zerekore, and Forecariah; girls were exploited for
domestic labor, and boys were exploited as street sellers and
agricultural workers. The International Rescue Committee and UNICEF
reported that children living in foster families often did not receive
adequate food, shelter and clothing, and were compelled to work in the
streets, sometimes as prostitutes, for their subsistence.
There were no specific reports of trafficking in persons in the
country this year. In July 2001, authorities arrested 51 Nigerians in
Conakry for trafficking in persons. The authorities released 33 young
girls, who were destined for Europe, to the Nigerian Embassy. The
remaining 17 were adult males extradited back to Nigeria to be
prosecuted for trafficking in persons.
Prostitution existed in the informal economic sector and employed
girls as young as 14 years of age. The Government did not take action
when prostitution of minors was brought to its attention, and it did
not monitor actively child or adult prostitution.
__________
GUINEA-BISSAU \1\
---------------------------------------------------------------------------
\1\ On June 14, 1998, the United States Embassy suspended
operations in the midst of heavy fighting in Guinea-Bissau and all
official personnel in the country were evacuated. This report is based
on information obtained by U.S. embassies in neighboring countries and
from other sources.
---------------------------------------------------------------------------
Guinea-Bissau's transition to a multiparty democracy was slowed by
the domination of President Koumba Yala of the Partido de Renovacao
Social (PRS), who was elected in January 2000 with a 72 percent
electoral majority in a runoff election. In the 1999 legislative
elections, the PRS won 38 of 102 National Assembly seats, and ended the
26-year domination of the African Party for the Independence of Guinea-
Bissau and Cape Verde (PAIGC). Local and international observers
considered both elections to be generally free and fair, although there
were reports of some irregularities in the 1999 election. During the
year, the country was characterized by continuing political and
economic instability. A new constitution, approved by the National
Assembly in April 2001, was neither vetoed nor promulgated by the
President, and the resulting ambiguity undermined the rule of law.
Impulsive presidential interventions in ministerial operations
continued to hamper effective governance. On November 14, the President
dismissed the Government of Prime Minister Alamara Nhasse, dissolved
the National Assembly, and called for legislative elections. On
November 16, the President appointed Prime Minister Mario Pires to lead
a caretaker government. The Government was controlled by presidential
decree at year's end. The Constitution provides for an independent
judiciary; however, it was subject to political influence and
corruption, and was undermined when the President replaced the
President of the Supreme Court on two occasions during the year.
The police, under the direction of the Ministry of the Interior,
have primary responsibility for the country's internal security;
however, a lack of resources and training continued to hamper their
effectiveness. The armed forces are responsible for external security
and can be called upon to assist the police in internal emergencies. In
August the Government, with funding from international donors, began a
comprehensive program designed to restructure the armed forces and
improve military living conditions with the demobilization of
approximately 4,000 active duty military personnel. The reinsertion and
reintegration phases of the program were not implemented by year's end.
The military remained loyal to the President and generally was under
his control and responsive to him. In September when tensions arose
between the President, Prime Minister Nhasse, and members of the ruling
party, the military publicly stated its commitment to defending the
Constitution. In December 2001, some members of the military allegedly
attempted a coup d'etat; 28 officers were arrested and detained. In May
a second coup attempt allegedly took place. All alleged coup plotters
were released following an amnesty announced by the President in June.
Members of the security forces committed serious human rights abuses.
The population of approximately 1.3 million relies largely upon
subsistence agriculture and the export of cashew nuts in a market
economy. In 2001 the country suffered a substantial slowdown in
economic activity, with real GDP growth estimated at 0.2 percent, as a
result of significantly lower levels of foreign assistance and a drop
in cashew prices in the international market of approximately 30
percent. The country remained burdened by heavy external debt and
pervasive underemployment.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Members of the security forces
continued to use beatings and physical mistreatment to abuse persons.
The Government did not punish members of the security forces
responsible for such abuses. Arbitrary arrest and detention, including
of journalists and human rights activists were problems. The Government
at times used incommunicado detention. Prison conditions remained poor.
The judiciary was subject to political influence, corruption, and
executive intimidation. The Government infringed on citizens' privacy
rights. The Government restricted freedom of speech and the press, and
journalists practiced self-censorship. The Government limited freedom
of movement. Violence and discrimination against women were problems.
Female genital mutilation (FGM) was practiced widely. Child labor,
including some forced child labor, was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, on July 15, police killed one
youth and injured others while resolving a hostage situation that
involved a policeman kidnaped by a group of youths performing
circumcision rites.
There was no action taken, nor is any likely, in the 2001 death in
custody of an officer allegedly connected to a December 2001 coup
attempt; and the death in custody of a soldier allegedly connected to
the 2000 coup attempt.
Unlike the previous year, there were no reported deaths from
landmine explosions during the year (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 Constitution prohibits such practices, and evidence
obtained through torture or coercion is invalid; however, the
Government often ignored these provisions, and security forces beat,
mistreated, and otherwise abused persons. Unlike in the previous year,
human rights observers did not note repeated instances of police and
members of the armed forces beating and abusing civilians for minor
social or legal infractions. Several journalists reported abuse while
in detention. Security and police authorities historically have
employed abusive interrogation methods, usually in the form of severe
beatings. The Government rarely enforced provisions for punishment of
members of security forces who committed abuses.
On September 24, Rui Ferreira, a National Assembly Deputy belonging
to the opposition Resistencia Guinea Bissau Party (RGB/MB) arrived late
at a National Day event where the President was giving a speech.
Presidential bodyguards severely beat Ferreira to prevent him from
entering the site. Ferreira was hospitalized and later released. There
were no reports of a government investigation into the incident by
year's end.
There were no further developments in the case of Fernando Gomes
who security forces beat on a number of occasions while he was in
incommunicado detention in May 2000.
No action was taken, nor is any likely, to investigate or prosecute
members of the security forces for abuses committed after the November
2000 coup attempt (see Section 1.d.).
On September 24, during his National Day speech to the National
Assembly, President Yala singled out Democratic Alliance M.P. Victor
Mandinga, an outspoken critic of the President, after Mandinga rose to
quit the chamber in protest of the President's speech. Using a racial
slur, Yala told Mandinga, whose father originally came from Sao Tome,
that he should ``go back where he came from.'' On October 1, Mandinga
claimed that two bullets struck his house, with one lodging in the
ceiling of his office. In an official statement following an October 1
press conference held by Mandinga, Prime Minister Nhasse asked the
Interior Ministry to investigate the incident, but accused the
opposition of trying to ``destabilize the Government and denigrate the
image of the President.''
In October 2001, the British Broadcasting Corporation (BBC) news
reported that President Yala had threatened to shoot any politician
trying to enter a military barracks in order to use the army against
him; however, there were no reports that this threat ever was carried
out.
Although reliable statistics were not available, during the year, a
landmine explosion injured at least one person in the city of Bissau.
Prison conditions remained poor, but generally they were not life
threatening. The country does not have formal prisons. Most prisoners
were detained in makeshift detention facilities on military bases in
Bissau and neighboring cities. Unlike in the previous year, beatings
were not used as a means of coercion. The Government at times used
incommunicado detention. Places of detention generally lacked running
water or adequate sanitation. Detainees' diets were poor and medical
care was virtually nonexistent. Men and women were held in separate
facilities, and juveniles were held separately from adults. Pretrial
detainees were not held separately from convicted prisoners.
The Human Rights League was given access to most prisoners and
detainees during the year. The office of the Representative of the U.N.
Secretary General (UNOGBIS) visited high profile prisoners during the
year, and was instrumental in assuring their well being and providing
them with food and medical care. During the year, the International
Committee of the Red Cross (ICRC) also was given access to prisoners.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, security forces
arbitrarily arrested and detained persons, including journalists and
human rights activists. Unlike in the previous year, security forces
did not arrest members of the Supreme Court.
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; however, in practice the judicial system
generally failed to provide these rights (see Section 1.e.).
Police detained suspects without judicial authority or warrants.
During the year, the Government arrested and detained numerous
journalists and other members of the media (see Section 2.a.).
On January 26 and February 2 respectively, the Vice-President and
former President of the Guinean Human Rights League (LGDH) were
arrested on charges of misappropriating funds donated to the LGDH by a
foreign NGO in 1999 (see Section 4).
On June 28, former Prime Minister Faustino Imbali was arrested on
charges of embezzling public funds during his tenure as Prime Minister,
which ended December 2001. After being held for 24 hours, Imbali was
released, and was recalled for questioning on July 4. A second attempt
to arrest him, ordered by Attorney General Caetano Intchama, reportedly
was countermanded by the Prime Minister and Imbali's release was
ordered. President Yala confirmed the order for his release, and on
August 16, the President dismissed Intchama.
On October 25, security forces summoned and questioned former
President Malam Bacai Sanha after he met with the Foreign Minister of
Mozambique during the latter's visit. Sanha was released without
charge.
During the week of December 2, several members of the military were
arrested following an alleged coup attempt that same week. At year's
end, they had not been visited by human rights officials.
In November 2001, President Yala ordered Emiliano Nosolini,
President of the Supreme Court, his deputy, and a senior accounting
official to be arrested and detained (see Section 1.e.). They were
charged with corruption following an audit of Supreme Court finances.
On February 14, the three were released and charges in all three cases
were pending at year's end.
In December 2001, authorities arrested and detained 28 members of
the military following an alleged coup attempt on December 3. The
Government did not release publicly any evidence linking the 28
detainees to the reported coup. Early in the year, U.N. officials and
representatives of the ICRC were permitted to visit these prisoners. On
June 11, all prisoners were released after President Kumba Yala
announced a general amnesty for those implicated in the alleged coup
attempt and in another coup attempt that allegedly took place in May.
In 2000 the Government arrested approximately 400 citizens and
soldiers immediately following an attempted coup by General Mane.
Inacio Tavares, the president of the LGDH, accused the military of
physical abuse, torture, and persecution of the families of suspects.
In February 2001, Amnesty International (AI) reported that 124 military
and security officers remained in detention without formal charges, in
``appalling conditions.'' One detainee already had died and others were
in serious condition. By October 2001, the remainder was released, with
some 30 among them released on bail. In June and July, a civil court
tried and convicted 13 of the 30 accused, handing down sentences
varying from 3 to 10 years. All were released pending the outcome of
their appeals to the Supreme Court. Trials were pending for the
remaining 17 accused.
At year's end, several opposition politicians arrested in 2000
remained under house arrest (see Section 2.d.).
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, judges were poorly trained and paid and
sometimes were subject to political pressure and corruption. The
Supreme Court was especially vulnerable to political pressure, because
its members were appointed by the President and often were replaced. In
previous years, there was some evidence that the judiciary retained a
degree of independence; however, the judiciary was subject to executive
influence and control. In 2000 the President of the Supreme Court was
elected democratically by his colleagues and officially installed in
December 2000; the President did not appoint him. When the Supreme
Court declared unconstitutional President Yala's ban on the Islamic
group Ahmadiya and the expulsion of its members from the country in
August 2001, President Yala dismissed the Supreme Court President,
Emiliano Nosolini, and four other justices on charges of corruption
(see Section 1.d.). The National Assembly strongly criticized the
dismissals and supported the Court's decision. The President replaced
Nosolini with his former political adviser, Mario Lopes. The failure of
the President to promulgate the amended constitution, which addressed
the question of presidential authority to choose Supreme Court
justices, heightened confusion surrounding the Supreme Court.
Civilian courts conduct trials involving state security. Under the
Code of Military Justice, military courts only try crimes committed by
armed forces personnel. In December 2001, President Yala appointed a
Supreme Military Tribunal to try the soldiers in detention for
involvement in the alleged December 3 coup attempt (see Section 1.d.);
however, in May and June, a civil court undertook the trials. The
Supreme Court was the final court of appeal for both military and
civilian cases. The President had the authority to grant pardons and
reduce sentences.
Citizens who could not afford an attorney had the right to a court-
appointed lawyer.
Traditional law still prevailed in most rural areas, and persons
who lived in urban areas often brought judicial disputes to traditional
counselors to avoid the costs and bureaucratic impediments of the
official system. The police often resolved disputes.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Home, or Correspondence.--
The Constitution prohibits such actions; however, the Government did
not always respect these prohibitions in practice. The police did not
always use judicial warrants. There were unconfirmed reports that
police searched the mail.
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, during the year, in many
instances the Government restricted these rights. Opposition
politicians had little or no access to government-controlled media. In
March 2001, the Vice-Procurator General advised the domestic media to
practice ``self-censorship''; journalists still practiced self-
censorship.
During the year, the Government harassed or arrested NGO members
who criticized the Government on radio programs (see Section 4). In
addition, during the year, the Government ordered all media
organizations to cease publication of information relating to the LGDH
(see Section 4).
The privately owned Correio Guinea-Bissau was published several
times a week during the year; other newspapers, including Gazeta de
Noticias, Fraskera, and the Government-owned No Pintcha, were weeklies.
All of the newspapers published only sporadically during the year due
to financial constraints and dependence on the state-owned printing
house. The national printing press, the only facility for publishing
newspapers in the country, often lacked the raw materials to publish
them.
The daily newspaper Diario de Bissau, closed in October 2001 by the
Attorney General for causing ``irreparable damage'' to the independence
of the nation and operating without a license, reopened during the
year. The Diario's publisher later ceased publishing the daily Diario
and commenced publication of the weekly paper Correio Guinea-Bissau.
The daily newspaper Gazeta de Noticias, also closed in October 2001,
did not open during the year due to high operating costs.
Journalists were arrested during the year for criticizing the
Government. For example, on June 17, Joao de Barros, publisher and
editor of the independent newspaper Correio de Bissau was arrested
following his appearance on a talk show on the independent Radio
Bombolom. During the talk show, Barros stated that recent rumors of a
coup plot against the Government were designed to divert attention away
from government corruption and described the President's military
threats against neighboring Gambia as ``pathetic.'' Barros was released
after 48 hours.
On June 20, a journalist, Nilson Mendonca, was arrested and
detained for 24 hours following a news report in which he claimed that
President Yala was to apologize to Gambian authorities for having
accused them of supporting insurgents in the country.
On August 7, Carlos Vamain, a prominent lawyer, was fined by a
court for allegedly ``threatening national unity'' with remarks made
during a radio broadcast. Vamain reportedly accused President Yala of
``tribalizing'' the administration by allegedly packing the Government
and military with members of his Balanta ethnic group.
The 2001 detention case against Adolfo Palma, a correspondent of
the Portuguese news agency Lusa, was pending at year's end.
Bacar Tcherno Dole, a journalist for the national radio and the
weekly newspaper No Pintcha, who was arrested and held without charge
in January 2001 for a report on an attack in the Sao Domingos area of
the country by Casamancais rebels no longer was in detention at year's
end.
The June 2001 case in which authorities arrested newspaper owner
Joao de Barros and journalist Athizar Mendes after they published an
article linking President Yala to corruption was dropped during the
year.
In 2000 the independent stations Radio Pidjiguiti and Radio Mavegro
resumed broadcasting. National television broadcasts from 7 p.m. to
midnight on weekdays and 5 p.m. to midnight on weekends. Reportedly the
Government-controlled stations practiced self-censorship. Opposition
politicians have little or no access to government-controlled media.
On December 2, the Ministry of Information summoned for questioning
the local representative of Radio/TV Portugal (RTP) following a
television broadcast in which Amnesty International urged authorities
to investigate the November 2000 death of military leader Ansumane
Mane. On December 4, the Government announced it had suspended RTP's
Africa license to broadcast in the country, and on December 6, the
Government declared the RTP delegate, Joao Pereira da Silva, persona
non grata and gave him 48 hours to leave the country. At year's end,
RTP broadcasts had resumed, and da Silva had not returned to the
country.
The Internet was available in the country, and the Government did
not restrict its use.
The Government did not restrict academic freedom.
c. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice. Permits were
required for all assemblies and demonstrations. There were reports that
at times the Government banned assemblies.
On October 11, the Government banned a Resistencia da Guine-Bissau
(RGB) party congress led by RGB Deputy Helder Vaz, citing a Supreme
Court ruling that declared Vaz was not the legitimate RGB leader. The
party congress later was held at a different location, where the
participants elected Vaz as the leader. Two senior RGB leaders
subsequently were charged with civil disobedience and required to
appear before authorities once a week; the cases were pending at year's
end. Authorities also requested the National Assembly to remove Vaz's
parliamentary immunity so that he could be charged. On December 13,
following a rival RGB congress at which Tchongo was elected RGB leader,
the Attorney General declared Tchongo the legitimate leader of the RGB.
All private associations were required to register with the
Government. There were no reports that any associations were denied
registration.
d. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the Government did not respect this right when in
August 2001 President Yala abruptly expelled the Ahmadiya, an Islamic
religious group, from the country (see Section 2.d.). The Supreme Court
declared the expulsion unconstitutional; however, the Ahmadiya was not
permitted to return by year's end.
Although the Government must license religious groups, there were
no reports that any applications were refused.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
e. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government limited them in practice.
Unlike in previous years, there were no checkpoints or police
harassment during the year. There were no travel restrictions in the
country during the year.
The Minister of the Interior issues passports. In 2000 President
Yala invalidated the passports of several politicians and placed them
under house arrest in Bissau. At year's end, some still were under
travel restrictions. Fernando Gomes and Agnello Regala (director of
Bombolon Radio) still were not issued passports and were required to
report to the Public Ministry twice a week.
Citizens have the right to return to the country and were not
subject to revocation of their citizenship.
In August 2001, the President banned the Islamic group Ahmadiya
(see Section 2.c.), and 11 members (all citizens of Pakistan) were
expelled to Senegal.
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 has provided asylum to
refugees from the conflicts in Liberia, Sierra Leone, and the Casamance
region of Senegal. The Government cooperated with the office of the
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. During the year, the UNHCR
reported that approximately 7,700 refugees, mostly Senegalese citizens,
were in the country. More than 6,000 of these refugees lived in
villages along the country's northern border where they were integrated
into the local economy and largely self-sufficient. Another 1,000
Senegalese refugees lived in camps and received assistance from UNHCR.
There also were approximately 500 Senegalese, Liberian, and Sierra
Leonean urban refugees. The UNHCR reported that the Government was
tolerant of these refugees and permitted them to engage in economic
activities to support themselves; however, on May 22, two Sierra
Leonean refugees reportedly were arrested on the premises of the
Adventist Mission in Bissau after having requested assistance.
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. However, on November 14, President Yala, citing
both the internal and external lack of confidence in the Government,
dissolved the National Assembly, dismissed the Government and called
for early legislative elections. On November 16, the President
appointed Prime Minister Mario Pires to lead a caretaker government
until the legislative elections, and the country remained under rule by
presidential decree at year's end.
In January 2000, voters elected President Koumba Yala with a 72
percent electoral majority in a runoff election following multiparty
elections in 1999. Yala defeated interim president Malam Bacai Sanha of
the PAIGC. International observers, foreign diplomats, and local NGOs
considered both elections, which included candidates from 13 parties as
well as several independents, to be generally free and fair. Yala's
party, the PRS, won 38 of 102 National Assembly seats. The victory of
the PRS ended the 26-year domination by the PAIGC. The PAIGC, the
country's only legal party from 1974 to 1991, and the majority party in
the National Assembly until the 1999 elections, won 24 of the 102 seats
in the National Assembly, while opposition parties gained a majority.
In addition to the 38 seats won by the PRS, the RGB won 29 seats, and 4
other parties split the remaining 11 seats.
Local elections have not yet been held in the country.
In April 2001, the National Assembly voted with the required
majority to amend the constitution and the draft, which limited certain
presidential powers, notably the authority to name and dismiss armed
forces service chiefs and ambassadors, and passed it to the President
for promulgation. At year's end, the President had neither promulgated
nor vetoed the Constitution, and the issue remained a point of
contention between the legislature and the executive. Controversy over
the President's authority to appoint and dismiss Supreme Court judges
was ongoing and had its basis in the ambiguity created by the stalemate
over the Constitution (see Section 1.e.).
The President reshuffled his cabinet several times during the year.
Following these changes, on August 25, Prime Minister Nhasse gave an
interview on Radio Bombolom during which he accused President Yala of
unilateralism, abuse of power, and causing instability in the country.
The tension between the President and Prime Minister (who also is the
President of the ruling PRS party) appeared to have been resolved in
September; however, on November 14, President Yala dissolved the
National Assembly, dismissed the Government, and called for legislative
elections. No date had been set for the elections by year's end.
Prior to the dissolution of the National Assembly, there were 10
women among the 102 members. There were two female ministers in the
caretaker government that was appointed in November.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views; however, the
Government harassed and arrested NGO members for criticizing the
Government in the media.
On January 4, following a January 3 radio broadcast in which
authorities were called on to present evidence of an alleged coup
attempt in December 2001, senior government officials accused
representatives of the LGDH of subversive and destabilizing behavior.
Later the same day, police officers visited the LGDH Vice President,
Joao Vaz Mane, at his home and demanded the recording of the radio
broadcast. On January 16, Mane received a letter from the Attorney
General's office instructing him to appear to answer questions relating
to the radio broadcast. On January 26, Mane was arrested and on
February 2, former LGDH president and opposition politician Fernando
Gomes was also arrested. Both were charged with misappropriation of
funds donated to the LGDH by a foreign NGO in 1999. AI and the
International Federation of Human Rights severely criticized the
arrests. On February 1, Mane was released and on February 10, Gomes was
released. Both were required to report weekly to the Attorney General's
office and Gomes' passport was confiscated. On December 3, the Regional
Tribunal of Bissau handed down a 2-month suspended sentence for Gomes
and fined Vaz approximately $450 (FCFA 290,000).
According to AI, on February 4, Carlos Schwarz, director of the
local NGO Aid and Development (AD) and Agnello Regala, owner and
director of Radio Bombolom, appeared before the Attorney General to
answer questions related, respectively, to the functioning and statutes
of a community radio, Voz de Quelele, sponsored by AD, and Radio
Bombolom.
On March 24, the LGDH council voted to suspend its President,
Inacio Tavares, accusing him of having fabricated charges against Mane
and Gomes. On March 29, police locked LGDH headquarters. Following
media coverage of the lockout, on April 6, the Attorney General ordered
all media organizations to cease publication of information relating to
the LGDH. The LGDH was denied access to its headquarters by authorities
until August 22.
AI recommended that the Government investigate various human rights
abuses committed since November 2000, including General Mane's death,
to further encourage reconciliation efforts.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution and law prohibit discrimination on the basis of
sex, and race; however, in practice the Government did not enforce
these provisions effectively.
Women.--Domestic violence, including wife beating, was an accepted
means of settling domestic disputes. Although police intervened in
domestic disputes if requested, the Government had not undertaken
specific measures to counter social pressure against reporting domestic
violence, rape, incest, and other mistreatment of women.
Female genital mutilation (FGM) was practiced widely within certain
ethnic groups, especially the Fulas and the Mandinkas. The practice was
increasing as the Muslim population has grown and was 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, a national
committee continued to conduct a nationwide education campaign to
discourage FGM. International NGOs, including the Swedish group Radda
Barnen and Plan International, as well as several domestic NGOs, such
as Friends of Children and Sinim Mira Nasseque, continued working
through the national committee to eliminate FGM.
The law prohibits prostitution, and there was no evidence that it
was a problem.
Traditional and Islamic law do not govern the status of women, and
men and women were treated equally under the law.
Official discrimination against women is prohibited by law;
however, it persists. Women are responsible for most work on
subsistence farms and have limited access to education, especially in
rural areas. Adult illiteracy is 66 percent for men and 82 percent for
women. Women do not have equal access to employment. Among certain
ethnic groups, women cannot own or manage land or inherit property.
Children.--The Government allocated only limited resources for
children's welfare and education. According to a November 2000 study by
an international agency, enrollment in basic education rose from 42
percent in 1993 to 62 percent in 2000 (enrollment of girls increased
from 32 percent to 45 percent, while the rate for boys increased from
55 percent to 79 percent). However, in 1998 10 percent of rural schools
offered only the first grade, and 23 percent offered only the first and
second grades.
FGM was performed commonly on young girls and sometimes even
infants (see Section 5, Women).
The law provides for compulsory military service for persons
between 18 and 25 years old; however, boys under the age of 16 could
volunteer for military service with the consent of their parents or
tutors. Children were used as soldiers during the civil war; however,
all remaining child soldiers were demobilized during the year.
Persons with Disabilities.--The law does not prohibit specifically
discrimination against persons with disabilities, and the Government
does not ensure equal access to employment and education; however,
there were no reports of overt societal discrimination. The Government
has made some efforts to assist veterans with disabilities through
pension programs, but these programs do not address adequately
veterans' health, housing, and food needs. There were no reports of
funds for special programs for persons with disabilities. There was no
law mandating accessibility.
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 worked in
subsistence agriculture. Most union members were government or
parastatal employees; only a small percentage of workers were in the
wage sector and were organized.
The Government registers all labor unions. There were 21 labor
unions registered and operating in the country. All unions officially
were independent of the Government, but 15 unions were affiliated with
the National Workers Union of Guinea-Bissau (UNTGB), which retained
close informal ties with the PAIGC. The law does not favor UNTGB-
affiliated unions over others. Six other unions were affiliated with
the General Confederation of Independent Unions (CGSI), established in
2000.
The Government's provisions for the protection of workers against
antiunion discrimination have very little effect due to low union
membership. Although there were no laws providing sanctions against
employers practicing such discrimination, no workers have alleged
antiunion discrimination, and the practice was not believed to be
widespread.
The International Labor Organization (ILO) Committee of Experts
made seven direct requests of the Government during the year, and the
Government responded to all seven requests.
All unions were able to affiliate freely with national
confederations and international labor organizations of their choice.
The UNTGB was affiliated with the International Confederation of Free
Trade Unions. Individual unions belonged to International Trade
Secretariats.
b. The Right to Organize and Bargain Collectively.--The
Constitution does not provide for or protect the right to bargain
collectively; however, in March 2001, a tripartite National Council for
Social Consultation (CNCS) including the Government, workers, and
employers was established legally and began functioning. The Council
conducts collective consultations on salary issues and draft
legislation concerning labor issues. Most wages were established in
bilateral negotiations between workers and employers, taking into
consideration the minimum salaries set annually by the Government's
Council of Ministers (see Section 6.e.).
The Constitution provides for the right to strike and protection
for workers from retribution for strike activities. The only legal
restriction on strike activity was the requirement for prior notice.
During the year, health workers, teachers, and television workers
organized strikes to protest poor working conditions and unpaid
salaries, with no government retribution against the strikers.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, children in cities
often worked in street trading, and those in rural communities did
domestic and fieldwork without pay. The Government did not take action
to combat such practices by year's end.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age was 14 years for general factory
labor and 18 years for heavy or dangerous labor, including all labor in
mines. These minimum age requirements generally were followed in the
small formal sector, but the Ministry of Justice and the Ministry of
Civil Service and Labor did not enforce these requirements in other
sectors.
The Government had not ratified ILO Convention 182 on the Worst
Forms of Child Labor by year's end.
The law prohibits forced and bonded child labor; however, forced
child labor was a problem (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; however, it does not enforce them. The lowest monthly wage was
approximately $20 (14,800 CFA francs) per month plus a bag of rice.
This wage was 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 1998, most of
the country returned to barter, and both the Government and private
sector lacked the funds to pay salaries. Since 2000 the Government has
failed to pay on a regular basis its teachers, civil servants, and
medical practitioners.
With the cooperation of the unions, the Ministry of Justice and
Labor establishes legal health and safety standards for workers, which
then are adopted into law by the National Assembly. However, these
standards were not enforced, and many persons worked 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 the high unemployment rate, a worker who left for such
reasons could be replaced easily.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, there were no reports that persons were trafficked
to, from, or within the country.
__________
KENYA
Kenya is a republic dominated by a strong presidency. On December
27, Mwai Kibaki of the opposition National Rainbow Coalition (NARC) was
elected as the country's third president winning 61 percent of the
vote, and was sworn in on December 30. Former President Daniel Arap
Moi, who led the former ruling Kenya African National Union (KANU) and
served as President since 1978, stepped down in December at the end of
his constitutionally mandated term. Five presidential candidates
contested the elections, but the main contestants were KANU candidate
Uhuru Kenyatta and Kibaki, a former Vice-President and Minister of
Finance in the Moi government. NARC is a coalition of more than a dozen
political parties, including former members of KANU who defected from
that party late in the year. There were incidents of violence in the
preelection period and on election day; however, the elections
generally were peaceful. Since independence in 1963, KANU had
controlled both the Presidency and the Parliament continuously; other
parties were illegal only from 1982 to 1991. During the December
general elections, KANU lost its majority in parliament to NARC, in
addition to losing the presidency. Observers concluded that the
elections broadly reflected the popular will and were free and fair. At
year's end, NARC held 133 parliamentary seats and KANU held 67 seats in
the 222-seat unicameral National Assembly. In addition to his role as
President, Kibaki is the commander-in-chief of the armed forces. The
judiciary suffered from corruption and was subject to executive branch
influence.
In addition to the armed forces, there was a large internal
security apparatus that included the police's Criminal Investigation
Department (CID), the National Security Intelligence Service (NSIS),
the National Police, the Administration Police, and the paramilitary
General Services Unit (GSU), which detailed members on a rotating basis
to staff the 700-person Presidential Escort. The CID investigated
criminal activity and the NSIS collected intelligence and monitored
persons who the State considered subversive. To improve the
accountability of investigative services, arrest authority was removed
from the NSIS and the organization was separated from the CID. While
civilian authorities generally maintained effective control of the
security forces, there were some instances in which the security forces
acted independent of government authority. Members of the security
forces, especially the police, continued to commit numerous, serious
human rights abuses.
The economy is market-based and the large agricultural sector
employed more than 70 percent of the country's population of
approximately 30 million. Estimates for the unemployment rate range
from the official 25 percent to more than 50 percent. Although many
sectors continued to be dominated by state-owned monopolies, the
nonagricultural economy includes large privately owned light
manufacturing, commercial, and financial sectors. Tea was the largest
source of foreign exchange earnings. Major international financial
institutions continued their suspension of financial assistance
following the cancellation of anticorruption measures. Annual per
capita gross domestic product for 2001 was officially reported as $300,
with approximately 57 percent of the population living at or below the
poverty level, on less than $1 per day. The spread of HIV/AIDS,
estimated to have infected approximately 13 percent of the population
between the ages of 14 and 49, had increasingly adverse effects on the
country's wage-earners, including teachers and other professionals. A
weakened infrastructure--unreliable power and telecommunication systems
and roads in disrepair--exacerbated economic problems and
disinvestment. Also fueling disinvestment were concerns over personal
security and uncertainty related to the outcome of the general
elections and the associated political transition.
The Government's human rights record remained poor, and it
continued to commit numerous, serious abuses. Citizens' ability to
change their government peacefully was demonstrated with the
inauguration of a new president following the December general
elections. Security forces, particularly the police, continued to
commit extrajudicial killings, torture and beat detainees, use
excessive force, rape, and otherwise abuse persons. Prison conditions
remained life threatening. Police harassed and arbitrarily arrested and
detained persons, including journalists, politicians, and political
activists. The Government arrested and prosecuted a number of police
officers for abuses; however, most police who committed abuses were
neither investigated nor punished. Lengthy pretrial detention was a
problem, and the judiciary was subject to executive branch influence.
The authorities infringed on citizens' privacy rights. The Government
limited freedom of speech and of the press, and harassed and
intimidated newspapers that often were critical of the Government. The
Government repeatedly restricted freedom of assembly, and the police
disrupted public meetings and forcibly dispersed demonstrators and
protesters. The Government restricted freedom of association. Political
intimidation and violence worsened prior to the December general
elections. The Government continued to limit the independence of its
Standing Committee on Human Rights (SCHR), and the President continued
to criticize nongovernmental human rights organizations (NGOs) for
their alleged involvement in partisan politics. Violence and
discrimination against women and abuse of children remained serious
problems. Female genital mutilation (FGM) remained widespread, child
prostitution remained a problem, and the spread of HIV/AIDS has
orphaned many children. There was some discrimination against persons
with disabilities. The Government continued to exacerbate ethnic
tensions by discriminating against many ethnic groups; interethnic
tensions, often spurred by political competition, continued and
resulted in numerous violent conflicts and some deaths. Unlike in
previous years, there were no reports of ritual murders associated with
aspects of traditional indigenous religious rites. The Government
continued to limit some worker rights, including summarily dismissing
striking public employees. Child labor remained a problem, and there
were instances of forced child labor. Violence by mobs and by
nongovernmental armed groups also resulted in many deaths.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces,
especially members of the police, the GSU, and the CID, continued to
use lethal force and committed a number of extrajudicial killings. The
SCHR, the Governmental body charged with addressing human rights
issues, noted the ``widespread use of lethal, excessive, and
unnecessary force on civilians by police'' in its April general report.
The Kenya Human Rights Commission (KHRC), a leading human rights NGO,
reported that it has documented more than a thousand cases of
extrajudicial killings in the last decade. According to government
figures, police killed 117 suspected criminals, and another 11 suspects
and detainees died while in police custody during the year. The KHRC
reported that police killed 85 persons between January and September.
Police often were not restrained in the use of lethal force, especially
when confronting armed criminal suspects, and the Government generally
failed to take appropriate action against members of the security
forces accused of unlawful or arbitrary killings.
Law enforcement officials maintained that security forces were
justified in their use of deadly force because of the heavily armed,
violent criminals they often encountered. According to the Government,
22 police officers were killed in the line of duty during the year.
Police claimed that the increased use of sophisticated weapons by
criminals had increased the risks faced by police in performing their
duties. In responding to continuing high levels of crime, some police
used excessive and deadly force, sometimes without apparent
provocation.
On March 12, the KHRC reported that Administration Police officers
shot and killed Jacob Odero Ogolla at a bar in Kayole when he was
approached by the security agents demanding to know the whereabouts of
two persons they said he was seen with at the bar. The officers
allegedly shot Ogolla four times in the chest and later dumped his body
along the road. No arrests or investigations have been made in this
case.
There were incidents in which police killed bystanders. On
September 22, police and suspected robbers in Bungoma engaged in a gun
battle that resulted in the death of six persons, including two
bystanders.
Persons died from torture while in custody (see Section 1.c.).
There were some internal police investigations into the many
killings of civilians by members of the security forces and some
prosecutions; however, few were effective. The authorities sometimes
attributed the absence of an investigation into an alleged
extrajudicial killing to the failure of citizens to file official
complaints. However, the form required for filing complaints was
available only at police stations, which often lacked the forms or were
not forthcoming in providing them. There also was considerable public
skepticism of a process that assigned the investigation of police abuse
to the police themselves. The Police Department reported that 49 police
officers were indicted during the year for various offenses, including
murder, assault causing bodily harm, and corruption; however, the
Government did not provide details on how many of these indicted police
officers were tried, acquitted, convicted, or imprisoned.
In January two police officers had their charges reduced to
manslaughter in the case of the February 2001 killing of University of
Nairobi student Allan Mbito by three police officers. The other officer
was sentenced in December 2001 to 10 years in prison. The case still
was pending at year's end.
The investigation into two Administration Police officers accused
of the March 2001 killing of Francis Kiraha Kibugi was completed and
they were charged with murder; however, it was unknown whether a trial
had begun by year's end.
An inquest determined that there was no one to charge for the
January 2001 alleged torture and killing of Abdillahi Mohamed
Mashuhuri. A police officer was charged for the March 2001 killing of
Geoffrey Ngoima Mbugua.
There was no action taken against members of the security forces in
the July 2001 killing of seven suspected bank robbers, and the July
2001 killing of a primary school teacher during a fight between Kisii
and Maasai youths.
The following cases were pending at year's end: The trial of a
police officer in the 1997 killing of Catholic lay brother Larry
Timmons; the trial of two police officers charged with manslaughter in
2001 for the May 2000 killings of two suspected carjackers; an inquest
into the March 2000 killings of eight suspected carjackers; and an
investigation into the January 2000 killing of 5-year-old Chesortich.
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 536 deaths in prisons during the
year, and the chief causes of death were attributed to pulmonary
tuberculosis, gastroenteritis, pneumonia, and malaria.
In March Mungiki clashed with a rival gang in Nairobi's Kariobangi
district where 23 persons were killed. The Mungiki is a small,
controversial, cultural, and political movement based in part on Kikuyu
ethnic traditions. Its origins may have been rooted in traditional
religious and cultural beliefs, but more recently they were perceived
widely to be a vigilante group. The Mungiki were involved in or
implicated in a number of violent attacks against political or ethnic
rivals during the year. On September 22, members of the Mungiki
attacked several individuals leaving a rally organized by dissident
KANU officials of the ``Rainbow Alliance'' in Nairobi; two persons
reportedly were killed.
Mob violence continued at high levels during the year, which
observers believe may have been associated with a continuing high crime
rate. According to the Government 95 persons were killed in mob
violence during the year. The KHRC reports that it has documented 719
deaths from mob violence in the last 6 years. Human rights observers
attributed 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. Most perpetrators of mob violence went unpunished. In
addition, the social acceptability of mob violence also provided cover
for apparent personal vengeance under the guise of ``mob justice.''
There were several occurrences of mob violence during the year. For
example, on January 5, two individuals suspected of stealing cows were
stoned and beaten to death in a village at Njoro in Nakuru. No one was
arrested for the crime.
On March 30, a mob killed three brothers for allegedly being
involved in multiple incidents of theft and robbery in Limuru, an area
on the outskirts of Nairobi. The KHRC reports that a mob-operated
court, convened earlier in the day at a shopping center, found the
brothers guilty of several crimes. The brothers, taken from their
sister's home, were beaten unconscious, doused with gasoline, and burnt
alive. No arrests were made in the case.
No known action was taken in the following mob violence cases: The
April 2001 deaths of nine persons in a Nairobi slum during clashes
between residents and gang members, and the May 2001 stoning death of a
person in Kericho District in the Rift Valley.
Occasionally mobs killed members of their communities on suspicion
that they practiced witchcraft (see Section 2.c.).
Interethnic violence continued to cause numerous deaths (see
Section 5). Some of these disputes spilled over into the country from
neighboring countries (see Section 2.d.).
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 ``no one shall be subject to
torture or degrading punishment or other treatment''; however, security
forces continued to use torture and physical violence during
interrogation and to punish both pretrial detainees and convicted
prisoners. Although authorities periodically issued directives against
the use of torture by police, the problem persisted. Human rights
organizations, churches, and the press highlighted and criticized
numerous 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. There were numerous allegations
of police use of excessive force and torture. The KHRC believed police
brutality was widespread and estimated that there were hundreds of
cases during the year. However, detainees routinely claimed that they
had been tortured, making it difficult to separate real from fabricated
incidents.
The KHRC reported 49 torture-related deaths in 2001, and People
against Torture (PAT) reported 70 cases of death by torture and 238
total cases of torture in 2001.
On February 9, Councilor Amos Korichir died from head injuries
allegedly inflicted during torture. According to reports from the KHRC,
Korichir was taken into police custody following an argument he had
with a local trader who reported the incident to the authorities. Two
police officers reportedly tortured him for several hours until he
became unconscious and then later dumped his body on the roadside where
he was discovered and taken to a hospital. The Eastern Provincial
Police Officer maintained that Korichir had been released from police
custody in good health and died from unknown causes. An inquest was
ordered into Korichir's death, and a hearing was pending at year's end.
On March 31, according to NGOs, Paul Kimani Wambiru died after
being tortured at the Nyeri Police Station. Wambiru was arrested on
March 25 on allegations of stealing approximately $384; he reportedly
was held until March 31, exceeding the 48-hour limit that a person can
be held without charge. Wambiru's death was discovered after his father
visited the police station on March 31 and was informed by attending
officers that his son had died earlier that day after being released
from custody for lack of evidence. A postmortem examination revealed
that Wambiru died from multiple internal and external injuries,
including a ruptured bladder and small intestines. According to the
Government, five police officers were charged with Wambiru's murder and
the case still was pending in court at year's end.
Police beat journalists during the year (see Section 2.a.).
Police repeatedly used excessive force and beat persons when
breaking up demonstrations, student protests, and opposition political
party rallies (see Section 2.b.).
In 2000 former President Moi was quoted widely in the press as
calling for action against the Mungiki; police forcibly disrupted
several of the group's meetings 2001, injuring a number of persons. The
Government arrested some Mungiki members during the year (see Section
1.d.).
Security forces continued to commit numerous human rights abuses,
often with impunity. According to the SCHR in its 2002 general report,
``. . . disciplinary sanction imposed on officers found guilty of
brutality were frequently inadequate. Officers were rarely prosecuted
for using excessive force. Investigations by SCHR of numerous cases
alleging torture revealed that there was a ``Code of Silence'' under
which officers failed to report brutality, destroyed evidence, or
threatened witnesses in an effort to cover-up abuses commanded
widespread loyalty, contributing to a climate of impunity.'' Public
officials at times made pronouncements calling on security forces to
discharge their duties responsibly and to use restraint; however, such
pronouncements had little effect on police behavior.
During the year, the Government investigated some allegations of
police use of excessive force and torture, and prosecuted several
police officers; some officers were charged, convicted, and sentenced
for killings (see Section 1.a.). The Government did not provide
information on the number of cases of torture that occurred during the
year.
An inquest was pending at year's end into the January injuring of
Arwings Odera.
There was no action taken in the 2001 report that prison wardens
from King'ong'o prison pulled a murder suspect from his hospital bed
and returned him to the prison, where they allegedly beat him
unconscious then returned him to the hospital. The Government denied
that such an incident occurred.
According to organizations that work with street children, police
also beat and abused street children (see Section 5). In June Mombasa
police officers Mwinge Chula and Peter Ndwiga, who were arrested for
raping a 13-year-old street girl in May 1999, were acquitted.
In February police officers Charles King'ori and Wilson Kinyanjui
from the Makueni Police Station were acquitted of assault in the case
of Charles Muteti Mulwa.
Margaret Njeri claimed that police tortured her to extract a
confession; police officers allegedly beat her until she bled and
sexually abused her. In 2000 Njeri filed a formal complaint to police
and said that she intended to sue police for damages; there was no
further information on the case at year's end.
In September 2000, a magistrate in Nakuru granted the request of
six army officers, Nahashoon Kili, Moses Kiprotich, John Masai, Joseph
Tanui, Henry Buienei, and Tito Rono, to pursue charges of torture
against members of the 66th Artillery Battalion; the six had been held
for 6 months in 2000 on suspicion of mutiny. On February 3 in Eldoret,
four of the six officers told journalists that while under military
detention, they had their testicles pricked with needles, were beaten,
were deprived of food for days, and were doused with cold water while
naked. The officers said they were tortured into falsely confessing to
having planned a mutiny. In 2001 the Chief Magistrate dismissed the
case against the members of the 66th Artillery Battalion for procedural
reasons. The army officers appealed the decision; however, there was no
further information on the case by year's end.
No known action was taken in the following 2000 cases: The January
case of William Tanui; the February beating of Mohammed Sheikh; and the
February case of police firing at suspected robbers who were fleeing
from police and seriously injuring a teenaged boy.
No known action was taken during the year against police who
reportedly used excessive force when breaking up demonstrations,
student riots or Mungiki meetings in 2000.
Caning continued to be used as punishment in cases such as rape
(see Section 5).
Acts of violence, including rape, banditry, and shootings, occurred
frequently near refugee camps (see Sections 2.d. and 5).
There were some violent incidents between progovernment supporters
and opposition supporters during the year, mostly during opposition
rallies (see Section 2.b.).
Prison conditions were harsh and life threatening, due both to a
lack of resources and to the Government's unwillingness to address
deficiencies in the penal system. Prisoners were subjected to severe
overcrowding, deficient health care, and received inadequate water,
diet, and bedding. Police and prison guards subjected prisoners to
torture and inhuman treatment (see Section 1.a.). Rape of both male and
female inmates, primarily by fellow inmates, was a serious problem, as
was the increasing incidence of HIV/AIDS. Prisoners were detained in
unsanitary conditions and have inadequate access to medical treatment.
As a result, disease was widespread in prisons, and the death rate was
high. Only one prison health facility had a resident doctor. The others
were staffed by clinical officers or nurses posted from the nearest
government hospital. Prisoners sometimes were kept in solitary
confinement far longer than the maximum 90 days allowed by law.
Prisoners and detainees frequently were denied the right to contact
relatives or lawyers. A 2001 Nation newspaper investigative report on
prisons nationwide highlighted the difficulty family members had in
visiting prisoners, including numerous bureaucratic and physical
obstacles, each requiring a bribe.
According to the Government, the country's prisons reportedly held
twice their estimated capacity of 16,886 inmates. The Government
reported that there were 35,157 prisoners during the year of which
nearly 33 percent--13,497 prisoners--were pretrial detainees. The SCHR,
the only domestic human rights body allowed such access, produced a
special report during the year on its comprehensive investigation into
the country's prison system. It asserted that while the prison
population has increased steadily over the last several years, prison
facilities had not. According to the Government, there were 89 prison
facilities. Overcrowding led to health-related problems arising from
the sharing of amenities, encouraged the spread of infectious diseases,
and resulted in food and water shortages. There was little access to
health care and medicine. According to the Government, 536 prisoners
died in jails during the year, compared with 464 in 2001. During the
year, deaths were due chiefly to tuberculosis, gastroenteritis,
pneumonia, and malaria; dysentery, anemia, malaria, heart attack,
typhoid fever, and HIV/AIDS were also common causes of death among
prisoners.
The SCHR concluded in its 2002 special report on prisons that
``Conditions of prison facilities do not meet the minimum accepted
standards for the treatment of prisoners. Inmates' human rights and
dignity was compromised and eroded in prisons. . . Torture, cruel,
inhuman, and degrading treatment was prevalent in prisons.'' The SCHR
documented numerous cases of human rights abuses alleged by inmates
during its investigations. This included reports of prisoners being
tortured through the application of electrical shocks to genitalia,
inhumane treatment such as subjecting inmates to artificial light from
a 150 watt bulb continuously for up to 24 hours, and female inmates
being stripped and placed in solitary confinement in a flooded cell for
up to a week. In March 2001, the KHRC hosted a public meeting at which
former prisoners discussed their experiences while in prison. The
former prisoners described prisons as filled with disease, death,
corruption, and brutality with guards demanding bribes for the most
basic amenities. Press reports continued to highlight the substandard
prison conditions.
By most accounts, prisoners received three meals per day; however,
the SCHR found that inmates sometimes were given half rations as
punishment and at times for the ``slightest offence.'' Most prisoners
it interviewed had expressed concerns about both the quantity and
quality of food they were given, that it was insufficient and
inadequate. According to the SCHR, prison diet consisted ``almost
entirely of ugali (maize meal), beans, and occasionally cabbages or
kale. . . portions of meat were served in some prisons once or twice a
week but in grossly inadequate rations.'' The SCHR also found water
shortages to be a problem in some prisons, particularly at the Kakemaga
prison where they have not had running water for the last 5 years.
There were no reports during the year of food shortages or that
prisoners died from hunger.
Men, women, and children officially were kept in separate cells,
and there were no reports that men and women were placed in the same
cells. Women sometimes lacked access to sanitary napkins and often had
only one change of clothes, leaving them naked during the washing of
their laundry. Young teenagers frequently were kept in cells with
adults in overcrowded prisons and detention centers. Youth detention
centers were understaffed, overcrowded, and inmates had minimal social
and exercise time. The SCHR reported in its 2002 special report on
juvenile detention centers that it encountered major overcrowding at
all of the centers it investigated and found that one in particular,
the Nairobi Juvenile Remand Home, held more than 4 times its capacity
of 100 detainees. Some young inmates remained in the centers for years,
as their cases awaited resolution. Juvenile detainees were subjected to
corporal punishment, which has been banned in the schools system.
According to the SCHR's 2002 special report on the state of juvenile
detention centers, a majority of juveniles in remand were actually
``children who have been arrested from the streets as victims of
neglect or children in need of care and discipline.'' The SCHR reported
that in 2001, 797 out of 1016 juveniles in detention fell into this
category and expressed concern about the cohabitation of such children
with juveniles held in detention for more serious offenses. Overall,
the SCHR found that the juvenile detention system did not meet the
minimum human rights standards for accommodation, facilities, food, or
the separation of juveniles based on the offenses they have committed
and that no adequate medical care existed in any of the institutions it
visited.
Nearly all prisoners serving more than 6 months in prison worked in
the prison industries and farms. Men worked in printing services, car
repair, tailoring, metal work, and leather and upholstery work. Women
were taught sewing, knitting, dressmaking, rug making, basket weaving,
jewelry making, and other crafts. The Government reported that
prisoners can earn $0.62 (approximately 48 Kenyan Shillings) per year.
Prisoners on good conduct can, with permission, work beyond the 8-hour
day to produce goods, from which they earn two-thirds of the profits.
Prisons were unable to invest these sizable profits in the prisons
because income generated from the sale of prison products was sent
directly into the Government Consolidated Fund. Some observers alleged
that prison officials used the free prison labor for personal profit
and prisoners have complained of being overworked; however, many
inmates leave prison with a valid trade certificate.
The courts partly were responsible for overcrowding, as the backlog
of cases in the judicial system continued to fill the prison detention
cells (see Sections 1.d. and 1.e.). Many detainees spend more than 3
years in prison before their trials were completed, often because they
cannot afford even the lowest bail. Very few can afford attorneys.
The Government did not permit consistent independent monitoring of
prison conditions. In general the Government did not permit domestic
NGOs to visit prisons; however, some independent NGOs worked with the
Government in evaluating torture cases and performing autopsies on
deceased prisoners. The SCHR had the authority to inspect prison
facilities on demand at any time and, during the year, published two
reports that examined the state of prisons and juvenile detention
centers.
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 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. Indicted suspects often were held for
months or years before being brought to court. The Government has
acknowledged cases in which persons have been held in pretrial
detention for several years. Police from the arresting location were
responsible for serving court summons and for picking up detainees from
the prison each time the courts heard their cases. Police often failed
to show up or lacked the means to transport the detainees, who then
must await the next hearing of their case.
The law provides that families and attorneys of persons arrested
and charged are allowed access to them, although this right often was
not honored (see Section 1.c.). Family members and attorneys may visit
prisoners only at the discretion of the authorities. This privilege
often was denied. For those who were charged, it often was possible to
be released on bail with a bond or other assurance of the suspect's
return.
Prison overcrowding was a problem, and the backlog of cases in the
judicial system continued to fill the detention sections of prisons
(see Section 1.c.).
In 2000 the Government instituted the Community Service Order
(CSO), a program whereby petty offenders perform community service
rather than serve a custodial sentence. According to the Home Affairs
Permanent Secretary, the Government spent $250,000 (20 million Kenyan
shillings) on the CSO in 2000 and $500,000 (40 million Kenyan
shillings) in 2001. According to a March press report, more than 67,000
prisoners were serving sentences under the program, engaged in such
activities as building bridges, schools, and hospitals. This was
significantly higher than in 2001 when there reportedly were 11,000
petty offenders participating in the program. In May the chairman of
the National Committee on Community Service Order, Justice Samuel Oguk,
said that magistrates were not fully utilizing CSO as an alternative to
custodial sentences for petty offenders, which led to the further
congestion of prisons. The program eventually could help alleviate
overcrowding; however, there was no indication of any relief by year's
end.
Citizens frequently accused police officers of soliciting bribes
during searches or falsely arresting individuals to extract bribes (see
Section 1.f.). The police continued conduct massive searches
(``sweeps'') for illegal immigrants and firearms (see Section 1.f.). In
June the Nairobi police engaged in several days of sweeps reportedly to
ensure that the ``city was free of criminals,'' according to Simeon
Kipkeu, the Officer Commanding of the Kasarani Police Division.
According to press reports, the operation was a joint General Service
Unit and Administration Police effort leading to the arrest of more
than 1,000 foreign nationals; however, the Government reported that 835
foreign nationals actually were arrested and that 511 were verified to
be in the country illegally and were arraigned in court. The remaining
324 persons were handed over to the U.N. High Commissioner for Refugees
(UNHCR). There was no information on whether those arraigned were
detained at year's end. The sweeps were conducted primarily in
Nairobi's Eastleigh area, home to a large Somali community; residents
accused the police of using excessive force and robbing them of cash
and other valuables.
On August 21, heavily armed police entered the home of the chairman
of the Kenya Employers Federation (KFE), Walter Mukuria, and took him
into custody for 4 hours. Mukuria's arrest reportedly was precipitated
by an inquiry he made into the ownership of a bank to which a
questionable transfer of a substantial amount of worker funds had been
made. The transfer was made without the approval of the National Social
Security Fund trustees, and Mukuria's inquiry implicated the
involvement of a prominent government official. The KFE alleged that
Mukuria was denied legal representation following his arrest and was
forced to sign a seven-page statement. There was no pending case
against Mukuria at year's end.
According to MUHURI, police allegedly detained five colleagues of
Abdillahi Mohamed Mashuhuri whom they arrested on narcotics charges
after raiding Mashuhuri's house in January 2001. The five were tried
and acquitted in March.
The Government at times arrested civil society leaders and
opposition politicians and charged them with participating in illegal
gatherings (see Sections 2.b. and 4).
In 2001 police beat and arrested James Orengo when he and others
went to a proposed rally site in Kisii to notify police of their intent
to hold an MWM rally, as required by law. Police prevented OreNGOs
lawyers from seeing him. Orengo was charged with taking part in an
illegal assembly and resisting arrest; he subsequently was released,
but his case remained pending before the court at year's end. Orengo
has been arrested on questionable charges more than eight times since
1997; many of these cases against Orengo, including one from January
2000, remained pending at year's end.
In February 2001, police forcibly prevented a MWM rally and
arrested numerous persons. Also in February 2001, police arrested
another opposition M.P., Peter Anyang' Nyong'o, and four opposition
supporters in Kisumu, where MWM also attempted to hold a rally. Anyang'
Nyong'o was released; however, it was not known whether the others were
released or whether there were any charges pending against Nyong'o and
the opposition supporters at year's end.
Unlike in the previous years, there were no reports of Muungano wa
Mageuzi (MWM) rallies. The movement since has ceased to exist.
Following an opposition rally in April 2001 that police earlier had
attempted to cancel for ``security concerns,'' police arrested two
Democratic Party (DP) M.P.s, Maina Kamanda and David Manyara (see
Section 2.a.). Kamanda was charged with treason for allegedly
threatening the life of President Moi during a speech at the meeting.
Kamanda later was released and the treason charge was dropped; however,
he was charged with the lesser offense of ``incitement,'' the same
charge on which Manyara was arrested a few days later for a speech he
gave at the same rally. The Attorney General dropped the prosecution
and ended the case against Kamanda by year's end.
In April 2001, police forcibly dispersed a march by Mungiki
members; six persons reportedly were arrested, and numerous persons
were injured. They were charged, found guilty, and sentenced to pay a
fine of $129 (approximately 10,000 Kenyan shillings) or serve 1 year in
prison.
In November 2001, more than 70 members of the Mungiki and Kamjesh
groups were arrested for extortion and for seizure of the routes used
by privately owned public transportation vehicles, known as matatus.
Also in November 2001, police arrested Mungiki leader Ibrahim Waruinge,
who previously had announced that Mungiki planned to take over the
management of the routes of privately owned transportation vehicles; he
was charged with promoting ``warlike'' activities during a July 2001
clash between Mungiki members and matatu drivers that resulted in five
deaths. Waruinge was released on bond. During the year, elements of his
group were considered to be in collaboration with the ruling party KANU
following the public demonstration some of its members held in Nairobi
on August 20 in support of presidential aspirant and Moi protege Uhuru
Kenyatta. A number of Mungiki members were arrested following their
involvement in the March massacre of residents in a Nairobi slum; 28
members were arrested in Kiambu in July for allegedly circulating
pamphlets threatening to circumcise forcibly women; 35 Mungiki suspects
were arrested in April following an attack by men believed to be
Mungiki at a Nakuru bus terminal that critically injured seven persons,
including two police officers; and four Mungiki members were arrested
in September for allegedly forcing residents in Laikipia District to
take oaths binding them to Mungiki and to support Uhuru Kenyatta, the
KANU presidential candidate.
Student protests and riots continued during the year; however,
unlike in the previous year, there were no reports that students were
arrested as a result.
During the year, police arrested some journalists (see Section
2.a.).
No updates were available in the following 2001 cases: The January
case of Arwings Odera, a freelance journalist, charged with publishing
false information (see Section 2.a.), and the April case against the
owner of Citizen Radio and Television (CITIZEN).
There was no information available in the following cases from
2000: The April arrests of Joseph Kirangathi Njoroge, Esther Wamucii,
John Gitonga, and Mwangi Gachie Kamau; the July arrests of 10 Mungiki
members; and the December arrest of several journalists during an MWM
rally.
Pretrial detention remained a problem. On February 14, after being
held in detention since March 2000, Margaret Wanjiku Mugo and her five
children were charged with the killing of their husband and father. The
family had been scheduled to stand trial in March 2001, but their file
went missing. They finally were charged on February 14; the case was
pending at year's end. In its 2002 report, the SCHR highlighted
numerous cases of lengthy delays in the prosecution of cases against
inmates held in remand and noted that ``there were unnecessary delays
in prosecution of cases,'' adding that ``remand inmates constitute a
large percentage of the prison population thereby overstretching the
limited resources available to prisons. . .''
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary often was
corrupt and subject to strong influence from the executive branch. The
President has extensive powers over appointments, including those of
the Attorney General, the Chief Justice, and Appeal and High Court
judges. The President also can dismiss judges and the Attorney General
upon the recommendation of a special tribunal appointed by the
President. Although judges have life tenure (except for the very few
foreign judges who were hired by contract), the President has extensive
authority over transfers.
In previous years, judges who ruled against the Government
sometimes were punished with transfer or nonrenewal of their contracts;
however, no known retaliatory action against judges was reported during
the year. Judges occasionally demonstrated independence.
The court system consisted of a Court of Appeals, a High Court, and
two levels of magistrate courts, where most criminal and civil cases
originated. The Chief Justice was a member of both the Court of Appeals
and the High Court, thus undercutting the principle of judicial review.
Military personnel were tried by military courts-martial, and verdicts
may be appealed through military court channels. The Chief Justice
appointed attorneys for military personnel on a case-by-case basis.
The country has Islamic courts that resolve disputes, adjudicate
inheritance questions and marital issues, and handle other civil
matters where all parties were Muslim and accept the court's
jurisdiction. The Constitution provides for these courts, and states
that ``jurisdiction of a Kadhi's court shall extend to the
determination of questions of Muslim law relating to personal status,
marriage, divorce, or inheritance in proceedings in which all the
parties profess the Muslim religion.'' The Islamic courts have
functioned in the country for many years. There were no other customary
or traditional courts in the country. However, the national courts used
the customary law of an ethnic group as a guide in civil matters so
long as it did not conflict with statutory law. This was done most
often in cases that involved marriage, death, and inheritance issues
and in which there was an original contract founded in customary law.
For example, if a couple married under national law, then their divorce
was adjudicated under national law, but if they married under customary
law, then their divorce was adjudicated under customary law. Citizens
may choose between national and customary law when they enter into
marriage or other contracts; however, thereafter the courts determine
which kind of law governs the enforcement of the contract. Some women's
organizations sought to eliminate customary law because they felt it
was biased in favor of men (see Section 5).
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 heard 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 were taken from all walks of
life and receive a sitting allowance for the case. Although the
assessors render a verdict, their judgment was 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
rarely was available, and then only in Nairobi and other major cities.
As a result, poor persons may be convicted for lack of an adequate
defense. Although defendants have access to an attorney in advance of
trial, defense lawyers do not always have access to government-held
evidence. The Government can plead the State Security Secrets Clause as
a basis for withholding evidence, and local officials sometimes
classified documents to hide the guilt of government officials. Court
fees for filing and hearing cases were high for ordinary citizens. The
daily rate of at least $25 (2,000 Kenyan shillings) for arguing a civil
case before a judge was beyond the reach of most citizens.
Critics of the Government--politicians, journalists, lawyers, and
students--have been harassed through abuse of the legal process.
Authorities continued to arrest opposition M.P.s and journalists during
the year (see Sections 1.d. and 2.a.), and a number of opposition
M.P.s, student leaders, and human rights activists still had one or
more court cases pending during the year.
Several cases involving opposition M.P.s have been pending 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.
The Attorney General's constitutional power to discontinue
proceedings in private prosecution cases was a problem. 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.
There were no reports of political prisoners. However, some NGOs
alleged that political and human rights activists were arrested and
jailed on spurious charges during the year to curb their activities.
The Kenya Human Rights Network (KHRN) reported that on May 19 two human
rights activists from Makueni District, Nicodemus Mutuku and Alois
Mwaiwa Muia, were arrested on murder charges following mob violence
that left one person dead. KHRN maintained that the two men, who
reportedly were engaged actively in land rights issues, were targeted
for their activism and wrongfully accused. The Network claimed that the
detention of Mutuku and Muia amounted to ``detention without trial,''
since a person accused of murder was not eligible for bond and can be
held in prison for up to 6 years while evidence was gathered against
them before being brought to trial. KHRN argued that if the Government
``is intent on putting someone away for political reasons, all they
need to do was to successfully frame him/her up for murder and take
years preparing the committal bundle (gathered evidence and other
documentation).'' Mutuku and Muia were acquitted during the year;
however, an appeal of the decision was filed by year's end.
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
obtained search warrants, they occasionally conducted searches without
warrants to apprehend suspected criminals or to seize property believed
to be stolen. Citizens frequently accused police officers of soliciting
bribes during searches or of falsely arresting individuals to extract
bribes. Unlike in previous years, there were no reports that Nairobi
police searched offices of the media without warrants.
On August 21, heavily armed police entered the home of the chairman
of the Kenya Employers Federation, Walter Mukuria, and took him into
custody for 4 hours (see Section 1.d.).
The police continued to conduct massive warrantless searches
(``sweeps'') for illegal immigrants and firearms in residential
neighborhoods of major cities (see Section 1.d.). Residents complained
that police who entered homes on the pretense of searching for weapons
often asked for radio, television, and video receipts and permits, then
demanded bribes to refrain from confiscating those items in the absence
of such documents. In January the police reportedly arrested more than
a 100 persons in a sweep of street families and children in Nairobi;
their status was unknown at year's end.
Security forces monitored closely the activities of dissidents,
following or otherwise harassing them. They employed 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 and telephone
wiretaps; however, there were no reports of interference with written
correspondence 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
these rights in practice. The Government broadly interpreted existing
laws to restrict free expression. The Government continued to harass,
beat, and arrest members of the media during the year (see Sections
1.d.). The print media has been relatively independent for decades;
there was further liberalization of the electronic media during the
year, including radio, television, and Internet communications. The
regulatory framework for broadcast media allowed abuse and manipulation
in the issuance, withholding, and revoking of broadcast permits and
frequencies. Police repeatedly dispersed demonstrators to prevent
criticism of the Government, and journalists covering such events often
were present during the dispersal (see Section 2.b.). In spite of these
pressures, the press, civic organizations, and opposition parties
continued to present their views to the public, particularly in the
print media. Government pressure led some journalists to practice self-
censorship.
In October three police officers were fired for reportedly holding
a private political discussion in which it was suggested that the KANU
presidential candidate would lose the December elections to the
opposition. The officers' comments reportedly were taped and given to
senior officers who brought the three before a police disciplinary
tribunal. They were found guilty of violating a provision of the Police
Act that prohibits affiliating with a political party or group and
compromising their political neutrality. The firings were criticized
widely as an infringement on the freedom of expression and as an unjust
application of the law. Many local officials and other public servants
openly affiliated with then ruling KANU and freely attended public
rallies and other political functions in support of the party without
fear of punishment. In response to negative public reaction following
the incident, Police Commissioner Philemon Abong'o told the media that
the officers could appeal their dismissal.
In April 2001, President Moi ordered the police to monitor and
record all public speeches by politicians at political rallies. The
order was regarded widely as an attempt to restrict political speech by
threatening to arrest those whose speech could be interpreted by the
Government as inflammatory. The order did not appear to be enforced
actively during the year.
The Constitution prohibits debates on issues under consideration by
the courts, and in conjunction with a ruling by the Speaker of the
Assembly that some aspects of the President's conduct were
inappropriate topics for parliamentary debate, has limited the scope of
deliberation on a number of political issues.
In April 2001, police arrested two DP M.P.s, Maina Kamanda and
David Manyara (see Section 1.d.). Kamanda was charged with treason for
allegedly threatening the life of President Moi during a speech at the
meeting. The Government-controlled Kenya Broadcasting Corporation (KBC)
broadcast a video that showed Kamanda saying that President Moi should
be shot if he did not leave office after his current term ended;
however, a Kenya Television Network (KTN) news video of the same event
indicated that the tape shown on KBC had excluded three words. Kamanda
actually had said that Kamanda himself should be shot if he (Kamanda)
were to agree to another term for Moi.
Public officials used libel laws to attack publications directly
critical of actions by government officials. In 2000 a ruling in a
libel case involving a government minister ordered that printers and
distributors were to be held equally responsible with publishers and
authors for libelous content in publications and books. Further
interpretation of libel laws and related legislation also has made
retail stores equally liable should the material in question be found
libelous.
On March 22, Minister for Trade and Industry Nicholas Biwott won a
libel suit against The People Daily in the amount of $250,000 (20
million Kenyan shillings) for implicating him in alleged corrupt
dealings involving a hydroelectric project. In June 2001, President Moi
and Biwott sued a former U.S. Ambassador accredited to the country and
a bookstore that carried the Ambassador's book for libel over
allegations in the publication that the President and Biwott were
involved in the 1991 murder of Foreign Minister Robert Ouko. In June
Biwott won a libel suit against a bookstore for selling the book. The
courts granted him $96,100 (7.5 million Kenyan shillings) in damages
and ordered the bookstore's apology printed on the back pages of two of
the country's most prominent newspapers. Moi's libel suit against the
former Ambassador still was pending in court.
In general the print media remained candid and independent. The
mainstream print media included four daily newspapers that reported on
national politics. The largest newspaper, the Nation, was independent
and often published articles critical of government policies. The
second largest newspaper, the East African Standard, was controlled by
an investment group with close ties to the Government and the ruling
KANU party. It generally, although not automatically, was supportive of
the Government. The third daily newspaper, the People Daily, formerly a
weekly, was owned by an opposition politician and was highly critical
of the Government. The fourth daily, the Kenya Times, which has a small
circulation, reflected KANU party views. There also were numerous
independent tabloid or ``gutter'' periodicals, which appeared
irregularly and were highly critical of the Government. Reporting in
these tabloids ranged from revealing insider reports to unsubstantiated
rumor mongering.
On May 8, Parliament passed a controversial bill regulating the
media. Under the act, commonly known as the ``Media Bill,'' publishers
were required to purchase a bond of $12,800 (1 million Kenyan
shillings) before printing any publication, then they must deposit
copies of their newspapers and books with a registrar within 2 weeks of
publication. The new bond amount was a 100-fold increase over the
previous bond amount of $128 (10,000 Kenyan shillings). The new law
makes it a crime to sell or distribute publications not deposited or
bonded, under penalty of a fine of $256 (20,000 Kenyan shillings) or 6
months imprisonment. Many observers viewed the law primarily as an
effort to rein in the tabloid or ``gutter'' press, which will
jeopardize the survival of many financially marginal publications.
However, some observers also considered it a measure to intimidate and
curb the legitimate press prior to the December 27 general elections.
While all newspapers suffered financially to varying degrees
because of the prolonged economic and business downturn, the Government
no longer openly pressured businesses against advertising with
opposition media during the year.
While there was no overt official government pressure on
journalists, individual journalists reported that they were pressured
by government officials and other influential persons to avoid
reporting on issues that could harm the interests of these persons or
expose their alleged wrongdoings. Some editors and journalists
reportedly practiced self-censorship because of government pressure or
bribes; there also were credible reports of journalists accepting
payments to report or withhold certain stories, some of which were
fabricated.
The Government attempted to intimidate the pro-opposition press
with arrests and pressure, and 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.
Journalists were arrested, harassed, and otherwise intimidated
during the year. For example, on March 15, supporters of the now
defunct National Development Party reportedly attacked Nation
journalist Odhiambo Orlale at the party's headquarters during a party
executive committee meeting. An Assistant Minister present reportedly
warned Orlale against writing stories about the party that he deemed
negative. Before the party leader Raila Odinga reportedly intervened to
rescue the journalist, Orlale was beaten with clubs. The police
reportedly took no action when the incident was reported nor have they
taken any by year's end.
On April 11, city council guards beat People Daily photographer
Collins Kweyu in Nairobi when he took pictures of city hawkers being
arrested by the guards and Administration Police. Four Administration
Police reportedly watched without intervening as the guards attacked
Kweyu for allegedly operating without a license. Kweyu's camera was
confiscated. The Inspectorate Department reportedly was investigating
this case at year's end.
On September 22, persons attending a political rally organized by
the opposition ``Rainbow Alliance'' beat a television crew with the
private news production company, Picasso Communications. The crew
reportedly was mistaken for a KBC news crew, which allegedly prompted
the attack. There were no reports of any arrests by year's end.
On September 23, journalists George Omonso of the Daily Nation and
John Wanddeto of the People Daily were arrested allegedly for inciting
striking teachers who were demonstrating in Kitale. The two journalists
later were released.
Arwings Odera, a freelance journalist who had published a series of
articles alleging corruption in government-backed projects, remained
outside the country for fear of his life at year's end.
The Government continued to loosen its control over electronic
broadcast media in and around Nairobi, while maintaining its dominance
of broadcast services to regional towns and rural areas, where the
majority of the country's population live.
KBC is the oldest broadcaster and the only one with a national
network of broadcast and cable television, AM and FM radio, and short-
wave broadcasts. KBC remained the only domestic source of current
information for most persons outside the Nairobi area; stations
operated by other media companies, including 12 radio stations,
operated primarily in Nairobi and its outlying areas.
The Government controlled KBC, and KBC's monopoly on national
broadcasting continued to limit severely the ability of opposition
leaders and other critics of the Government to communicate with the
electorate outside the capital. KBC stations did not criticize the
Government and give a large share of news time to government or KANU
party functions and little coverage to opposition activities. During
the year, KBC news coverage remained biased in favor of KANU and
President Moi. In addition, the KBC's limited coverage of the
opposition generally was negative, compared with uniformly positive
coverage of KANU. In September KBC granted the KANU presidential
aspirant unprecedented radio and television airtime, covering live his
political rally in Nakuru for several hours. No similar coverage was
given to any of the opposition candidates during the campaign period;
however, at the end of the campaign KBC provided small amounts of free
airtime to all parties.
KTN, a subsidiary of the East African Standard group of newspapers
that was owned by KANU supporters, aired news programs with more
balanced political coverage than KBC. KTN broadcasts in Nairobi and
Mombasa. During the year, KTN also began broadcasting in Nakuru as part
of an expansion program to reach the entire country. Stellavision also
was owned by KANU supporters and operates in collaboration with TV
Africa and SKY TV of London. Stellavision did not air local news,
relying instead on rebroadcasts of SKY TV and British Broadcasting
Corporation (BBC) world news; it broadcasts in Kisumu, Mombasa, and
Nairobi. Other TV stations in operation in Nairobi were Nation-TV,
associated with the Nation newspaper group, and Family, a Christian-
oriented broadcaster. Citizen TV and Citizen Radio, which broadcast
generally objective news programs, ceased operations for a time in
2001. However, Citizen Radio and Citizen TV resumed broadcasts by the
end of 2001. Family TV and Radio broadcasts in the Nairobi metropolitan
area; Nation Television also broadcasts in Mombasa, providing
independent media coverage.
The following radio stations also broadcast in Nairobi: Nation,
Kameme, BBC, Voice of America (VOA), Capital, Family, Kiss, Iqra, Metro
East, and Sounds Asia. In addition to KBC, Sauti ya Rehema, a
nondenominational religious radio station broadcasting in Kiswahili,
English, and other local languages in Eldoret, and the Mombasa-based
Christian-oriented Baraka FM radio broadcasting in Kiswahili and
English transmit outside of Nairobi. In August Sauti ya Rehema launched
a television station in Eldoret that broadcast, in English and
Kiswahili, local and international Christian programs reaching a large
segment of the Rift Valley and parts of Uganda. The Nation Media Group
broadcasts radio and television transmissions to Nairobi and received
authorization for radio broadcasts in Mombasa, Kisumu, and Nakuru.
Iqra, a radio station run by the Supreme Council of Kenyan Muslims
(SUPKEM) provided information, educational programming, and
entertainment for Muslim audiences in Nairobi. VOA programming was
broadcast on FM radio in Nairobi; however, a VOA request for similar
broadcast access to Mombasa was not approved.
The Government, through the Communication Commission of Kenya (CCK,
continued to delay action on a number of radio and television license
applications on the grounds that it was reorganizing and regularizing
its licensing procedures. The Ministry of Information, Transport, and
Communication continued to argue 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
1998; however, it still had 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
April 2001, the Government announced that a policy on broadcast
licensing would be issued to ensure transparency in licensing
procedures; however, no such policy was issued by year's end. The CCK
regulated frequency allocations, while the Ministry of Transport and
Communications issued licenses. The Ministry has licensed 33
organizations (6 of which were KBC companies) to broadcast, and the CCK
has allocated frequencies to a total of 9 television and 18 radio
stations, although some were not broadcasting at year's end. Nation
Media sued the Government for permission to broadcast radio and
television nationwide, but the case still was before the courts at
year's end. In June 2001, the Government announced that it would not
issue any more licenses to broadcast in Nairobi until new policies were
in place. According to the Ministry, there were 120 applications for
Radio/TV licenses pending at the end of 2001.
Private organizations that have been issued frequencies to
broadcast but had not yet done so included the Pentecostal Church, Pete
Aviation, and Maritime Media Services. During the year, Daystar
University was granted a broadcasting license and planned to serve
Nairobi, Machakos, and Kijiado once it was allocated frequencies.
Daystar intends to utilize the low-powered radio station to train
journalism students. The Catholic Church, which reportedly has been
allocated radio and television frequencies for Nairobi, had not begun
broadcasting by year's end. It reportedly wanted a nation-wide
frequency, while the Government insisted on region-by-region allocation
of locally based broadcasters. The Catholic Church reportedly also was
seeking frequencies in Mombasa, Nyeri, and Kisumu. The Government also
licensed and provided frequencies to the East African Television
Network (EATN), the only recipient of a national frequency other than
KBC; however, a dispute arose with the Government after EATN formed a
partnership with Nation Media. The Government blocked EATN from using
the frequencies and the case was pending in the courts at year's end.
In January 2001, the CCK ordered the shutdown of Citizen broadcasts
for unpaid licensing fees and improper use of communications equipment.
Citizen claimed that the shutdown, which only affected its operations
outside Nairobi, was motivated politically. Citizen, which began
broadcasting in 1999, appealed the order in the courts and continued
broadcasting in Nairobi; however, in 2001 the court upheld the CCK's
order and Citizen again appealed to the Court of Appeal. In April 2001,
after Citizen moved its broadcast equipment from borrowed space on
government-controlled towers to a new location on the outskirts of
Nairobi, the CCK sealed Citizen's offices, confiscated equipment, and
detained its owner, who later was released. Citizen appealed the
Government's action, and the court ruled that the CCK had acted
properly in seizing equipment. The CCK subsequently stripped Royal
Media, the parent company of Citizen, of its broadcast licenses.
Citizen's owner appealed that ruling. In February criminal charges
accusing him of illegally setting up a radio communication station in
Nairobi were dropped. However, Citizen's owner still was seeking the
return of confiscated broadcasting equipment at year's end.
Representatives of the international media remained free to
operate; 120 international correspondents worked in the country, and
approximately 100 media organizations reported out of Nairobi without
official interference.
Sedition was not grounds for censorship of publications; however,
the Prohibited Publications Review Board reviewed publication bans. A
number of publications remained banned, including such works as ``The
Quotations of Chairman Mao Zedong'' and Salman Rushdie's ``Satanic
Verses.''
In March police banned the staging of the play, Ngoma Cia Aka (the
Whirlwind) by playwright Wahome ``Whispers'' Mutahi in Nyeri. The
police claimed that the play was immoral and posed a security threat.
The Government did not restrict access to the Internet. There were
approximately 20 domestic Internet service providers (ISP's) that
generally were privately owned. Internet access was limited only by
economic and infrastructural factors, and was fairly widespread in
urban areas. Although liberalization of Internet communications
continued, Internet access in the country continued to be limited by
Telkom, the communications parastatal. All ISP's were required to use
the communications parastatal to connect to the Internet. There were no
reports of Telkom interfering with the content of Internet
transmissions. Telkom was slated for privatization in 2001; however, no
action was taken by year's end.
The Government and school administrators continued to limit
academic freedom. There were six private universities and six
universities owned, subsidized, and administered by the Government.
Most post-secondary students attended government-run institutions,
partly because of their lower fees. President Moi, as chancellor of all
state universities, appointed 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. Students claimed that the Government interfered in
student elections to ensure sympathetic student leaders.
Student protests and riots occurred sporadically during the year,
and police forcibly dispersed several protests after they became
violent, which resulted in injuries (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in practice. Organizers must notify the local police in
advance of planned public meetings; however, authorities continued to
disrupt public demonstrations and meetings about which the police had
been informed in advance, often characterizing them as ``illegal''
gatherings. In 2000 President Moi repeated his 1999 statements that
government officials should deny ``permits'' (for public
demonstrations) to politicians who use public rallies to abuse other
leaders; however, officials have legal authority to cancel planned
public gatherings only if there were simultaneous meetings previously
scheduled for the same venue, or if there were specific security
threats. The President's 2000 statement barring MWM from holding public
meetings was aggressively enforced in 2001, although there was no
apparent legal basis for this policy (see Section 1.d.). With the
exception of a controversial march through downtown Nairobi in support
of the KANU presidential candidate for the December general elections
(see Section 1.d.), the Mungiki did not hold rallies during the year.
Moi said that licenses would only be given to registered political
parties, and that the Government would ban events by any ``lobby
groups, some religious organizations, and nongovernmental organizations
whose aims and operations were sinister.'' government and opposition
politicians often warned political opponents not to attend or organize
gatherings in certain constituencies, and during the year such warnings
were more pronounced prior to the December 27 general elections. Also
during the year, a number of opposition rallies and meetings were
disrupted by organized youth and police, often violently.
Police forcibly disrupted public assemblies, including some
political rallies and meetings (see Section 1.d.). The Government at
times arrested civil society leaders and opposition politicians and
charged them with participating in illegal actions. For example, on
March 3, a chief in Bungoma reportedly cancelled a civic education
meeting organized by the Community Empowerment and Development Forum on
the grounds that the organizers were sympathetic to opposition parties.
On May 12, M.P. Kipruto Arap Kirwa and 13 others were arrested and
their vehicles confiscated for holding an ``unlawful'' meeting in Nandi
District after they attempted to hold a political meeting at Keteng
Primary School. Kirwa, who reportedly was beaten at the time of the
arrest, was held for 24 hours and released without charge while 13
others held with him were released on bond on May 16.
On August 15, police disrupted a meeting organized by the Coast
Civil Society Forum in Mombasa that they described as illegal. The
group of approximately 100 persons were meeting to elect officials to
the Forum. The Mombasa police chief Gerald Oluoch said that the meeting
was blocked because it had not been authorized.
On September 9, police disrupted a meeting to elect officials of
the Social Democratic Party (SDP). The SDP is a member of the umbrella
party the National Alliance Party of Kenya (NAK); a NAK official,
Kiraitu Murungi, accused the police of systematically harassing NAK
members.
On September 19, 15 councilors from Tharaka District were
reportedly arrested at a restaurant for holding an ``illegal'' meeting.
They later were released following the intervention of the area
District Commissioner. The civic leaders maintained that they were
meeting in order to plan for the nomination of delegates to the
constitutional review conference, which was canceled once Parliament
was dissolved in October prior to the December general elections. The
conference required the participation of M.P.s and could not proceed
without them.
During the year, several meetings and rallies organized by Ford
People, whose presidential candidate was former Finance Minister
Simeone Nyachae, were the targets of physical attacks and forced
cancellations.
In May Ford People was forced to cancel a meeting in Malindi under
pressure from the police. The Malindi police chief Charles Ontita
reportedly said that the meeting had been canceled because of ``the
high political temperature, which might lead to violence and
injuries.''
Following an opposition rally in April 2001, that police earlier
had attempted to cancel for ``security concerns,'' police arrested two
DP M.P.s, Maina Kamanda and David Manyara (see Section 1.d.).
Some civil society activities, including demonstrations, were
disrupted during the year. For example, on February 20, antiriot police
armed with teargas and batons disrupted a peaceful demonstration
organized by the Center for Human Rights and Civic Education in Mwingi
District to protest the alleged land grabbing by a cabinet minister.
Several demonstrators reportedly were injured and arrested. Four of the
arrested activists later were released, and the case still was under
investigation at year's end.
In March President Moi called for the Mungiki and a number of other
vigilante groups, to be ``banned'' following the group's involvement in
a clash in Kariobangi, a Nairobi neighborhood, in which 23 persons were
killed (see Section 1.a.). However, in August, members of Mungiki were
allowed to demonstrate through downtown Nairobi in support of KANU
presidential aspirant and Moi protege Uhuru Kenyatta without
interference from security forces, suggesting that the ban on this
group was enforced selectively. No action was taken against the police
who forcibly dispersed a march by Mungiki members and beat them in
April 2001. Some Mungiki members may have been in custody at year's
end; however, Mungiki leader Ibrahim Waruinge was released by year's
end.
University student protests occurred sporadically during the year,
and at times they became violent. On July 19, University of Nairobi
students protested the shooting death by a police officer of a fellow
student, who was part of a group assaulting a police station to free
another student. The protest lasted 2 days, and student threw stones,
blockaded roads, burned tires, and destroyed property in downtown
Nairobi. Police responded with tear gas and rubber bullets; however, no
injuries were reported. On September 16, students from the same
university engaged the police in running battles and threw stones in
downtown Nairobi after a police officer shot and killed a university
student who they suspected of using or selling drugs. After several
hours of trying to quell the riot, police officers responded with live
ammunition; however, no injuries or deaths were reported.
Violent incidents continued between progovernment supporters and
opposition supporters during the year; political parties reportedly
used gangs of young followers to harass other parties and to prevent
them from holding meetings or events. In April armed youth in Butere
constituency attacked Ford People officials, including the national
chairman Kimani wa Nyoike, as they attempted to open party offices. The
group was attacked with stones and other objects, shattering windows of
the vehicles carrying Nyoike and another official. The attacks followed
on MP Amukoa Anangwe's warning to Ford People officials not to tour his
constituency. The Ford People officials fled and were unable to address
their supporters. The armed youth announced that no opposition
politician would be welcome to campaign in the Butere constituency.
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.
Since 1997 the Government has acted on some long-pending applications
for political party registration, increasing the number of registered
political parties from 23 to 40. However, the Government continued to
refuse to reverse its 1994 denial of registration of the Islamic Party
of Kenya.
Unlike in the previous year, former President Moi did not attack
repeatedly NGOs in public speeches, saying they were in the pay of
foreigners intent on destabilizing the country; however, government
officials, including Moi, did accuse international NGOs and some
segments of the donor community of supporting the opposition in the
period prior to the December general elections but offered no evidence
to back these charges.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, while groups generally were allowed to worship
freely, the Government at times interfered with other activities by
religious groups.
The Government required religious organizations to register with
the Registrar of Societies, which reported to the Office of the
Attorney General. The Government allowed traditional indigenous
religious organizations to register, although many chose not to do so.
Once registered religious organizations enjoyed tax-free status, and
clergy were not subject to duty on purchased goods. Religious
organizations generally received 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; however, with the arrival of
a multiparty system in 1992, membership in the Tent of the Living God
has diminished greatly. Some members of the group were believed to have
joined the Mungiki. On April 30, police arrested 39 members of the Tent
of the Living God for holding an illegal meeting after the group led a
march through downtown Nairobi. On May 7, all 39 were released on
condition that they hold no illegal meetings or processions in the
future.
Following the discovery of ``cult'' killings in Uganda in 2000,
William Ruto, then Assistant Minister in the Office of the President,
said that the Government would crack down on religious groups that
endanger the safety of their adherents. In January M.P. Odeny Ngure
called on the Government and mainstream churches to cooperate in
formulating policies to eliminate cults from the country; however, no
action was taken by the end of the year. Also in January, district
officials in Gigil stopped a religious meeting at the Emmanuel Church
of God during a 2-week crusade after community residents complained of
continual wailing and screaming coming from the church. Residents
charged that the group was a cult and that its members had sold their
property to prepare for the return of Jesus Christ; the church denied
the allegations.
In June in Busia, a district officer, who was a Seventh-Day
Adventist, was suspended for refusing to perform his official duties on
Madaraka Day, which fell on a Saturday. Also in June in Nandi, the
Board of Governors suspended 10 high school students, who were Seventh-
Day Adventists, for refusing to take a test on a Saturday. Supporters
of the students challenged the Board's decision, arguing that the
school did not have the constitutional right to deny individuals the
right to observe their religious practices. There was no information on
the status of the case at year's end.
The Government historically has been unsympathetic to tribal
religious groups that have engendered protest movements. The Government
frequently harassed and periodically arrested and detained members of
the Mungiki, a small, controversial, cultural and political movement
based in part on Kikuyu ethnic traditions. Mungiki espoused political
views and cultural practices that were controversial to mainstream
society; however, many observers characterized the Mungiki as a
vigilante group or gang because of the criminal activities of some of
its members as well as their reported harassment and intimidation of
residents in areas where the group was active (see Sections 1.a. and
2.b.). While religion may have played a role in the formation of the
group, observers believed that it was not a key characteristic of the
group. The Mungiki did not adhere to any single religion and members
were free to choose their own religion; the group included Muslims and
Christians. The number of Mungiki members was unknown, but the group
has a significant following among the unemployed and other marginalized
segments of society. The debate over the rights of the Mungiki to
practice their cultural traditions and advance their political agenda
was ongoing; however, during the year, certain elements of this group
were supporting ruling party presidential aspirant Uhuru Kenyatta
(though he has repudiated them) and no longer were viewed to be targets
of government harassment. In addition, the Mungiki were involved in or
implicated in a number of violent attacks against political or ethnic
rivals during the year (see Section 1.a.).
Practicing witchcraft reportedly was a criminal offense under
colonial-era laws; however, persons generally were prosecuted for this
offense only in conjunction with some other offense, such as murder.
Witchcraft traditionally has been a common explanation for diseases for
which the causes were unknown. The practice of witchcraft was
understood widely to encompass attempts to harm others not only by
magic, but also by conventional means such as poisons. Although many
traditional indigenous religions included or accommodated belief in the
efficacy of witchcraft, they generally approved of harmful witchcraft
only for defensive or retaliatory purposes and purported to offer
protection against it.
In January in Nyamira, police arrested two persons for possession
of witchcraft supplies, including snake skin, tortoise shell, and
powders, and for practicing witchcraft. According to the police, a
pastor from Butere Mumias Deliverance Church claimed that the two
persons had caused the mysterious illness of a man.
Muslim leaders continued to charge that the Government was hostile
toward Muslims. Muslims complained that non-Muslims received better
treatment when requesting citizenship documents. According to Muslim
leaders, government authorities scrutinized more rigorously the
identification cards of persons with Muslim surnames and required 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 were required to carry an additional form of
identification to prove citizenship. Ethnic Somalis must produce upon
demand their Kenyan identification card and a second identification
card verifying screening; both cards were required to apply for a
passport. This heightened scrutiny appeared to be due to an attempt to
deter illegal immigration, rather than due to the religious affiliation
of ethnic Somalis. Since 2001 the immigration office in the
predominately Muslim city of Mombasa has required that applicants for
birth certificates or passports had to include their grandparents'
national documents with their applications. Sheikh Mohammed Dor, the
Secretary General of the Council of Imams and Preachers, criticized the
action as imposing ``outrageous restrictions'' on the country's
Muslims.
On March 28, government authorities charged Wanjiru Nduhiu, the
leader of an unregistered Kikuyu group, with urging her followers to
renounce Christianity and revert to traditional beliefs and practices,
such as FGM; she remained in detention at year's end.
In late August 2001, Marsden Madoka, former Minister for Internal
Security, reportedly stated that the Government intended to take more
than 341 schools, which were mainly under the control of the
Presbyterian, Anglican, and Catholic churches, and transfer control to
the African Independent Pentecostal Church of Africa (AIPCA). On
January 25, President Moi directed district education boards to return
those schools to the AIPCA that it had operated prior to the country's
independence; however, Moi ordered that AIPCA schools already sponsored
by other churches to remain under such sponsorship. The British
Colonial government seized the AIPCA schools because of the church's
support of the anticolonial Mau Mau movement. AIPCA began to repossess
its schools during the year.
There was no new information in the August 2000 case of Father John
Anthony Kaiser, a Catholic priest working in the country for more than
30 years, who was found dead near Naivasha town. A FBI report, released
in April 2001, concluded that the evidence collected was most
consistent with suicide, and that it was unlikely that Father Kaiser
had been murdered. The Attorney General has stated that he would reopen
the case only if new evidence were presented.
There generally was a great deal of tolerance among religious
groups; however, there were a few instances of violence between
Christian and Muslim groups, and Muslims continued to perceive
themselves treated as second-class citizens in a predominantly
Christian country.
There were several disputes over land ownership during the period
covered by this report; some resulted in violence. In January
approximately 500 squatters in Nyeri district forcibly dispersed
members of the Othaya Presbyterian Church of East Africa from the
church compound in which the worshippers had assembled for open-air
services; several persons were injured. Both the worshippers and the
squatters claimed ownership of the church property, which is located on
government land. An investigation into the incident was ongoing at
year's end. Also in January in Marakwet district, several persons,
including a Pentecostal Assemblies of God (PAG) minister, were injured
during a land dispute between members of a Catholic church and the PAG.
The dispute reportedly began when Catholic worshippers accused PAG
members of making too much noise while praying in a building adjacent
to the Catholic church.
On January 27, Egerton University officials barred approximately
300 worshippers from the African Inland Church (AIC) from conducting
services in the Lord Egerton Castle, which has been the subject of a
longstanding property dispute between the University and the AIC.
According to the AIC, President Moi allocated the castle and the 50
adjacent acres to the Church in 1995; according to records at the
Ministry of Lands, the property belongs to the chaplain of the
University and two other individuals. President Moi issued a statement
indicating that the castle and surrounding property belonged to the
University; however, AIC leaders urged their followers to ignore the
statement. The dispute was ongoing at year's end.
In March progovernment youths forcibly dispersed persons
worshipping at a church in Nairobi, scattered church property out of
the building, and locked worshippers outside the church. The youths
charged that the church was located on land belonging to KANU and that
the police had failed to assist them in reclaiming the land. No known
action was taken against the youths by year's end.
Occasionally mobs killed members of their communities on suspicion
that they practiced witchcraft; however, there were no statistics
available on the number of such deaths during the year. For example, on
January 14, 80-year-old Rosalina Owuode, suspected of being a sorcerer,
was stoned to death by a mob in Nyabiswa village in Migori district. On
February 9, a married couple, Nyakundi and Josephine Makori were beaten
and burnt to death by a mob in Kitutu Masaba in Nyamira district for
allegedly practicing witchcraft. In April villagers killed a man in
Gucha on suspicion of being a sorcerer and for allegedly bewitching a
neighbor who had recently died. No arrests were reported in any of
these cases by year's end.
For years Muslims and Christians have held an open debate over
their respective places in society. Each group claimed to have a larger
number of adherents than was plausible, and some Muslim groups believed
that the Government and business communities deliberately impeded
development in predominantly Muslim areas. Some Muslim leaders claimed
that discrimination against Muslims has resulted in a greater incidence
of poverty among Muslims than among other religious groups; however,
there was no statistical evidence to support this claim.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 stopped vehicles and checked vehicle safety
and driver documents on roads throughout the country. Police often
demanded bribes at such checkpoints. Ethnic Somalis must produce upon
demand their Kenyan identification card and a second identification
card verifying screening; both cards were required to apply for a
passport (see Section 2.c.).
The Government did not restrict foreign travel or emigration;
however, the law requires a woman to obtain her husband's or father's
permission to obtain a passport (see Section 5). In practice adult
women often were able to circumvent this restriction by claiming to be
unmarried. Civil servants and M.P.s must get government permission for
international travel, which generally was granted routinely. Unlike in
the previous year, the Government did not deny permission to some
government ministers to travel.
Unlike in the previous year, the Government did not close the
border with Somalia during the year.
The majority of the estimated 400,000 persons displaced or forced
to relocate during the early 1990's because of ethnic violence were
believed to have returned to their homes or moved elsewhere; however,
some still were waiting to return home at year's end. Many of the rural
residents displaced by the violent ethnic clashes in Rift Valley
between 1991 and 1993 still have not returned to their homes and remain
displaced in urban areas. Some of the several thousand persons
displaced by ethnic clashes since then also have not returned to their
homes due to fear of renewed violence (see Section 5).
The law does not provide for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol; however, in 1991 the
Government drafted legislation to establish a mechanism for granting
refugee or asylum status. The drafting committee submitted the
legislation to the Attorney General's office for review in 2000; and by
year's end, the Attorney General's office reported that the relevant
Ministry could forward the legislation to the Cabinet for discussion
and approval before its publication and enactment. The UNHCR granted
refugee status to Somali refugees at the Dadaab camps and to Sudanese
refugees arriving at the Kakuma camp. A UNHCR eligibility committee in
Nairobi performed a similar function for individuals of other
nationalities.
The Government offered first asylum and provided it to the
approximately 200,000 refugees registered by UNHCR who lived in
official UNHCR camps. An undetermined number of refugees lived outside
the camps in cities and rural areas. Somalis accounted for
approximately 64 percent of the total refugee population, followed by
large numbers of Sudanese and a scattered number of other nationalities
from across the region. In April an estimated 10,000 Somalis fled to
Mandera in the northeastern part of the country after fighting erupted
at Bula Hawa on the Somali side of the border. Three refugees were
killed by stray ammunition from warring factions. The Government
threatened to return the refugees to Somalia if UNHCR did not resettle
them. Under international pressure, the Government moved refugees to
relative safety, away from the border. By year's end, most of the
refugees either had returned to Somalia or were resettled in Daadab.
Police performed nighttime sweeps in urban areas to round up
illegal immigrants and refugees (see Sections 1.d. and 1.f.).
The Government required that all refugees reside at designated
camps, most of which were located near the Somali and Sudanese borders,
unless granted permission to live elsewhere in the country, primarily
to attend higher education institutions, undergo medical treatment, or
avoid security threats at the camps. However, many refugees lived
illegally outside the camps, especially in Nairobi.
Incidents of rape of women and girls in refugee camps continued to
occur (see Sections 1.c. and 5). Many rapes occurred when women and
girls collected firewood and building materials outside the camps;
however, reported rapes continued to decline during the year.
Acts of violence, including banditry and shootings, occurred
frequently near the camps. Refugees have been mistreated and abused by
citizens and by residents of different refugee camps because of ethnic
and religious differences. Interclan violence frequently erupted among
rival Somali clans at the camps (see Section 5); Somali refugees who
marry non-Muslims also may be subjected to abuse by family members.
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 through free and fair multiparty elections; however, this
right was realized fully only in December when citizens chose a new
president through an election for the first time since President Moi
came to power in 1978. The December 27 multi-party general elections
were the country's third for presidential, parliamentary, and civic
seats. Five presidential candidates contested the elections, but the
main contestants were KANU candidate Uhuru Kenyatta and NARC candidate
Mwai Kibaki, a former Vice-President and Minister of Finance in former
President Moi's government. NARC is a coalition of more than a dozen
political parties, including former members of KANU who defected from
that party during the year. This coalition formed a united front to
contest the December general elections. Since independence in 1963,
KANU had controlled continuously both the presidency and the national
legislature.
During the year, citizens prepared for the December presidential,
parliamentary, and civic elections. There were active political
campaigns throughout the year, some of which were marred by violence.
The Government continued to use physical beatings, arbitrary arrest,
and prosecution to harass and intimidate opposition M.P.s, and
political violence and intimidation, often with ethnic undertones,
increased during the run up to the elections; however, the level of
election-related violence was substantially less than in the previous
two general elections. The freedoms of assembly and of speech often
were restricted during the year as opposition leaders complained their
activities were being targeted and their views were not being covered
sufficiently by KBC. 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 (see Section 2.a.). Police or organized youth gangs disrupted
or forced the cancellation of a number of opposition meetings and
rallies (see Section 2.b.). Politicians and public servants routinely
warned political rivals against campaigning in their areas.
At the local level, the President exercised sweeping power over the
administrative structure. The President appointed both the powerful
provincial and district commissioners as well as numerous district and
village officials. In elections many local officials actively assisted
the ruling KANU.
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 some aspects of the
President's conduct were inappropriate topics for parliamentary debate,
has limited the scope of deliberation on a number of political issues.
M.P.s were entitled to introduce legislation, but in practice it
generally was the Attorney General who did so. The President
significantly influenced the legislative agenda. However, the National
Assembly had the power to hire its own staff and to vote its own
budget, despite President Moi's long-expressed opposition to it doing
so. In 2000 the National Assembly passed implementing legislation to
establish the Parliamentary Service Commission, which exercised fully
its power to hire staff and establish a budget by year's end. In August
2001, opposition M.P.s in the National Assembly successfully blocked a
constitutional amendment to establish an independent anticorruption
authority, which was backed by KANU and the President. The opposition
claimed that the legislation did not give the proposed authority
sufficient independence and objected to an amnesty provision in the
legislation.
During the year, the President Moi fired a number of government
officials, including the Vice President, after they became affiliated
with the ``Rainbow Alliance,'' a grouping of KANU dissidents and their
supporters who opposed what they considered to be preferential
treatment being given to presidential candidate Uhuru Kenyatta in
KANU's nomination process.
In 2000 President Moi, acting as chairman of KANU, suspended six
M.P.s for dissent, including Jimmy Angwenyi, Kipkalya Kones, Anthony
Kimeto, Cyrus Jirongo, and former Finance Minister Simeon Nyachae. The
suspension prevented the M.P.s from bringing any motions sponsored by
their party to Parliament; however, they still could submit motions on
their own and participate in all Parliament activities.
In 1998 a constitutional review commission was created under the
Constitution of Kenya Review Act to recommend changes in the
Constitution that would reduce the power of the Presidency. After the
process stalled in 1999, the National Assembly created a Parliamentary
Select Committee to revise the existing act and form a review
commission; the Ufungamano Initiative, a church-led group, formed the
next day, creating a parallel process. During 2001 the Constitution of
Kenya Review Commission (CKRC), created by Parliament in 2000, expanded
following months of political wrangling and stalled efforts; in May
2001, the Ufungamano process merged with the parliamentary process. In
June 2001, the newly created Constitutional Review Commission began
work. During the year, the new Commission faced a number of obstacles,
including efforts by the judiciary to block it from preparing a draft
constitution and several delays in the process leading to requests to
extend the Commission's mandate. However, the CKRC completed a draft
constitution in September, which was expected to be submitted to
Parliament for debate after a national convention. Some had called for
holding the December general elections under the new constitution, but
delays in the process made this impossible.
In July 2001, at the start of the CKRC hearings, the President
declared that NGOs and churches should not be involved in the review
process and should not engage in civic education. However, this
directive was ignored; the CKRC accredited several NGOs to conduct
civic education on the process and these groups were engaged in civic
education activities during the year.
Elected local councils existed, but the executive branch of the
central government had not granted them adequate funding and had
restricted their functions. Although rural and municipal councils were
authorized by law to provide a wide range of health, education, and
infrastructure services, in practice their functions were reduced to
partial oversight of schools, secondary and tertiary roads, markets,
and natural resources such as forests. Most councils lacked sufficient
financial autonomy and revenues to perform adequately even these
limited functions.
Although there were no legal restrictions, traditional attitudes
circumscribed the role of women in politics. There were only 9 female
M.P.s (4 elected and 5 nominated) in the 222-seat National Assembly
prior to the December general elections. There only was one female
member of the Cabinet. The December elections increased the number of
women in Parliament to nine elected and six nominated.
There was one nominated M.P. who was of Asian origin in the former
Parliament. Although the President Moi's Cabinet included persons from
many ethnic groups, approximately one-third of the ministers were
either Kalenjin or Luhya.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views; however, there were some
reports that less established NGOs, particularly those in rural areas,
were subjected to interference from provincial administrators and
security forces, and government officials intimidated and threatened to
disrupt the activities of human rights and other organizations and
NGOs.
The number of human rights organizations continued to grow. These
included NGOs such as the KHRC, the Kenya Anti-Rape Organization,
Coalition on Violence Against Women, The Center for Human Rights and
Democracy, Muslims For Human Rights, the Legal Advice Center, the
Catholic Justice and Peace Commission, the 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), the Law Society of
Kenya, and the Public Law Institute, advocated human rights.
Several NGOs maintained comprehensive files on human rights abuses.
A number of attorneys represented the indigent and human rights
advocates without compensation, although they could handle only a small
percentage of those who needed assistance, and were concentrated
chiefly in Nairobi and other large cities.
The Government continued to criticize publicly and to intimidate
NGOs, many of which it accused of being ``subversive'' and of working
with the opposition to replace the KANU government. The Government NGO
Coordination Board under the NGO Act registers NGOs. The Government
used this structure to put pressure on the nongovernmental National NGO
Council. Since 1999 the Office of the President instructed all district
governments to monitor NGOs within their districts with a view to
ensuring that NGOs either advance government-approved objectives or
cease to operate; however, NGOs did not report an increase in
government monitoring during the year.
Some civil society activities were disrupted during the year (see
Sections 2.a. and 2.b.). For example, on January 4, police disrupted a
civic education play performed by a theatre group in conjunction with
an NGO in Keiyo District. The police characterized the gathering as
``illegal.'' The previous day, a similar play being performed in the
same district, and launched by M.P. Tabitha Seii, also was disrupted.
Less than 2 weeks after the October 18 release of the Akiwumi
Report (see Section 5), police raided two local NGOs--Muslims for Human
Rights (MUHURI) and Human Resettlement and Disaster Care (HUREDICA)--
during which documents reportedly containing evidence against the
Government were seized. Both NGOs had done work related to the ethnic
and political violence surrounding the 1992 and 1997 general elections
that led to a number of deaths and displaced persons. Three of
HUREDICA's principal staff also were arrested during the raid and later
released after 6 hours of interrogation. The questioning reportedly
included inquires on who funded their organization and whether they had
plans to sue President Moi over the ethnic clashes.
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; however, some local human rights NGOs complained the
Attorney General's office and other government offices often were not
responsive to their inquiries.
The KHRC produces a ``Quarterly Human Rights Report'' (formerly the
``Quarterly Repression Report'') that cataloged the human rights
situation in the country, as well as special reports on pressing human
rights problems. The Institute for Education in Democracy and other
NGOs monitored elections in cooperation with the Electoral Commission
and diplomatic missions.
The 10-member SCHR established in 1996 was empowered to
``investigate alleged violations of constitutional freedoms,''
including abuse of power by public officials. It was tasked with
drafting recommendations on human rights problems and providing these
to the Government agencies under whose purview the problems fall.
However, it was subordinate to the Office of the President and it had
received sufficient funds to fill only 20 of its 27 authorized staff
positions; the positions were filled mostly with staff on secondment
from the Government. Although it had been accused of being relatively
inactive in the past, in June 2001, the SCHR produced a thorough report
on the death of six prisoners from King'ong'o prison in Nyeri (see
Section 1.a.). The SCHR also produced a frank report on the harsh
conditions faced by detainees in prisons and juvenile detention
centers. In June Parliament passed a bill creating a more autonomous
and independent national human rights commission--the Kenya National
Commission on Human Rights--that is expected to replace the SCHR.
President Moi assented to the bill in October. The legislation was
drafted by the Attorney General and the SCHR with the help of NGOs and
civil society. Since Parliament was dissolved in October, the
commission had not been established by year's end; it is the duty of
the Parliamentary Speaker to invite applications to the Commission.
Section 5. Discrimination Based on Race, Sex, 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
was credible evidence that the Government sponsored large-scale ethnic
violence during the early 1990's, and there were some indications that
some government officials at least have tolerated and in some instances
instigated ethnic violence on a smaller scale since that time. The SCHR
stated in its 2002 general report that ``many undisputed reports . . .
indicate that leaders and senior public servants have continued to
mismanage their freedom of expression by making inflammatory and
inciting statements with far reaching consequences.'' The report also
noted that ``The Committee believes . . . that incitement has played
and continues to play a very significant role in the genesis,
escalation and recurrence of ethnic conflicts . . . ''
Women.--Domestic violence against women was a serious and
widespread problem. Press accounts of such violence, sometimes
resulting in the death of a woman, were reported frequently. According
to the Government, 1,199 cases of rape were reported to the police in
Nairobi during 2001, compared with 1,148 in 2000. The available
statistics probably underreport the number of incidents, as social
mores discouraged women from going outside their families or ethnic
groups to report sexual abuse. According to a study by The Center for
Human Rights and Democracy in Eldoret, 60 percent of rape cases in the
North Rift region were not reported because women feared unfair
treatment by police. A 2001 study by Kangemi Women Empowerment Centre,
a small group based in one of Nairobi's largest low-income communities,
claimed that three out of five women in the community were victims of
domestic violence, and that one-third of the women had suffered sexual
abuse in 2001. The study noted that the abused women rarely reported
the violations, because they believed perpetrators would not be
punished, and no protective or remedial action would be taken. Although
the validity of these two studies was unproven, the basic figures
supported other published figures as well as numerous press accounts
and anecdotal evidence.
Since 1994 FIDA has collaborated with the police to stop domestic
violence. Police typically viewed violence against women as a family
matter, not a crime. FIDA has trained more than 500 police officers
about gender issues. The organization, as part of its ongoing police
sensitization project, also had developed a curriculum on dealing with
gender-based violence that was to be included in the training of new
police recruits.
The law carries penalties of up to life imprisonment for rape,
although actual sentences usually were no more than 10 years. The rate
of prosecution remained 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 was prevalent and largely condoned by much of
society. Traditional culture permitted a man to discipline his wife by
physical means and was ambivalent about the seriousness of spousal
rape. There was no law specifically prohibiting spousal rape. The media
continued to report extensively on the prevalence of spousal and
domestic abuse.
There continued to be incidents of rape of refugee Somali women at
the Dadaab refugee camps (see Section 2.d.). According to the UNHCR,
refugee women reported 70 rapes during the first 11 months of 2001,
compared with 82 rapes in 2000.
FGM, also referred to as ``female genital cutting,'' was practiced
by certain ethnic groups and remained widespread, particularly in rural
areas. The press reported severe injuries to several girls from the
practice of FGM. On June 7, the Daily Nation reported that a 28-year-
old woman was forcibly circumcised in Meru by her in-laws, leaving her
seriously injured. Two of her in-laws were arrested and charged, but
the woman who performed the excision escaped. According to a December
2001 report by the Government and UNICEF, 38 percent of women
nationwide have undergone FGM. According to the women's rights
organization Maendeleo Ya Wanawake (``Development of Women'' in
Swahili), the percentage of girls undergoing the procedure was as high
as 80 to 90 percent in some districts of Eastern, Nyanza, and Rift
Valley provinces. FGM usually was performed at an early age. President
Moi has issued two presidential decrees banning FGM, and the Government
prohibited government-controlled hospitals and clinics from practicing
it. In December 2001, the Children's Bill, which bans FGM on girls
under the age of 18, was passed and signed into law. Various
communities have instituted ``no cut'' initiation rites for girls as an
alternative to FGM. Family Planning Association of Kenya (FPAK)
established such a rite called Ntanira na Kithomo (initiate me through
education) in Nyambene in Meru and some Marakwet and Maasai communities
also have instituted similar rites of passage. According to the FPAK,
its program contributed to a 13 percent decline in the prevalence of
FGM in Meru North District. However, despite the December 2001 ban on
the practice and the emergence of alternative rites of passage, FGM
still was practiced widely across the country. In April 16 girls sought
refuge at the Centre for Human Rights and Democracy (CHRD) in Eldoret
to escape undergoing FGM. They were among a group of 350 girls who had
participated in an alternative rite of passage in December 2001 and now
were being threatened by family members with FGM. CHRD secured a court
injunction against the girls' parents preventing them from forcing the
girls to undergo FGM. The executive director of CHRD, Ken Wafula, said
that 1,300 girls underwent FGM in Marakwet in December 2001. This
statistic was in sharp contrast to those compiled in 1999, when only
169 girls were subjected to FGM in the same district.
Prostitution is illegal; however, it was a problem and was
perpetuated by poverty. Prostitution has contributed to the spread of
HIV/AIDS, which affected approximately 13 percent of the population. In
June the U.N. Program on HIV/AIDS (UNAIDS) reported that 30 percent of
pregnant women in Embu District in Eastern Province were HIV-positive,
making it the area with the highest rate of infection in the country.
Women experienced 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 to transmit automatically citizenship to their
children. The Government has not passed enabling legislation to
implement domestically international conventions on women's rights;
however, the Attorney General submitted to Parliament three bills
designed to protect women's rights--The Domestic Violence (Family
Protection) Bill; The National Commission on Gender and Development
Bill; and The Equality Bill--all were debated but were pending at
year's end. The Task Force on Laws Relating to Women, established by
the Attorney General in 1993, produced a draft report; however, it was
not published by year's end.
Women continued to face both legal and de facto discrimination in
other areas. For example, a married woman legally was required to
obtain the consent of her husband before obtaining a national identity
card or a passport (see Section 2.d.).
The Law of Succession, which governs inheritance rights, provides
for equal consideration of male and female children; however, in
practice most inheritance problems did not come before the courts.
Women often were excluded from inheritance settlements, particularly if
married, or given smaller shares than male claimants were given.
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 males who
were relatives by blood or marriage. Wife inheritance was practiced in
some communities, which restricted a woman's right to choose her mate
and placed her at risk of contracting a sexually transmitted disease
such as HIV/AIDS.
Women made up approximately 75 percent of the agricultural work
force and had become active in urban small businesses. Nonetheless, the
average monthly income of women was approximately two-thirds that of
men, and women held only an estimated 5 percent of land titles. Women
had difficulty moving into nontraditional fields, were promoted more
slowly than men, and were laid off more. Societal discrimination was
most apparent in rural areas.
Maendeleo Ya Wanawake, the nation's best-known women's rights and
welfare organization, was established as a nonpolitical NGO during the
colonial era, but was aligned closely with the ruling KANU party and
consequently suffered diminished credibility as an independent body. A
growing number of women's organizations were 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.
The Women's Political Caucus, formed in 1997, continued to lobby
over matters of concern to women and to increase the influence of women
on government policy. A bill was introduced in 2000 to create a number
of parliamentary seats reserved for women; however, no action was taken
on the legislation by year's end.
Children.--The system of free education in the early years of the
country's independence gave way to a ``cost-sharing'' education system
in which students paid both tuition and other costs. These were a heavy
burden on most families, and at year's end the newly elected government
promised to eliminate tuition fees for primary education. Although the
law mandates that schooling be available for all children up through
grade 12 and that it be compulsory, there was a very high dropout rate
in part because of large educational expenses. The East African
Standard newspaper reported in March 2001 that 8,000 girls dropped out
of school each year due to pregnancy. There were an estimated 4 million
children between 6 and 14 years of age who were out of school. On
September 25, while initiating the National Council for Children's
Services, Minister for Home Affairs William Ruto declared that ``Three
million children who should be in school were not and 8.6 million more
do not have access to basic needs.'' The legally mandated universal
schooling also did not occur in practice because of a shortage of
schools. Levels of education for boys and girls differed widely.
Although the number of boys and girls in school roughly was equal at
the primary level, boys substantially outnumbered girls in higher
education. Rural families were more reluctant to invest in educating
girls than in educating boys, especially at the higher levels. Seventy
percent of illiterate persons in the country were female.
Corporal punishment of students was banned formally in 2001;
however, it did not cease completely in practice. On February 25, a
teacher beat a 13-year-old student to death at Nyamarambe Primary
School, Kehancha Division for failing a math test. The teacher fled the
scene and was not located by year's end. In March a teacher at Tabaka
Boys Boarding School, in Gucha district, beat a student unconscious,
reportedly for not cutting his hair. The teacher was detained after
turning himself into police.
The health care system for school children, which once provided
periodic medical checkups and free milk, was defunct. In December 2001,
Parliament passed the Children's Bill, which has provisions to ensure
children's welfare and provide them with basic rights; however, these
provisions were not implemented by year's end.
FGM was practiced commonly on young girls by certain ethnic groups,
particularly in rural areas (see Section 5, Women).
Economic displacement and the spread of HIV/AIDS continued to
affect the problem of homeless street children. The number of Nairobi's
street children was more than 60,000 in 2000, an estimated 20 percent
increase from 1999. In January the East African Standard reported on
the growing problem of ``street families'' where entire nuclear
families were living on the street due to a failing economy. The
Standard also reported that there were an estimated 250,000 children
living on the streets of the country's urban areas--primarily Nairobi,
Mombasa, Kisumu and Nakuru--a figure that it said was a conservative
estimate. These children often were involved in theft, drug
trafficking, assault, trespassing, and property damage. Street children
faced harassment as well as physical and sexual abuse from the police
and within the juvenile justice system. They were held in extremely
harsh conditions in crowded police station cells, often without toilets
or bedding, with little food, and inadequate supplies. They often were
incarcerated with adults and frequently beaten by police (see Section
1.c.).
Child rape and molestation continued. There were frequent press
reports of rapes 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
defilement was up to 5 years' imprisonment. Men convicted of rape
normally received prison sentences of between 5 and 20 years, plus
several strokes of the cane. Child marriages were a problem, and the
issue frequently was highlighted in newspapers.
Child prostitution was a major problem (see Section 6.f.).
Persons with Disabilities.--Government policies do not discriminate
against persons with disabilities in employment, education, or in the
provision of other state services; however, persons with disabilities
frequently were denied drivers' licenses. There were no mandated
provisions of accessibility for persons with disabilities to public
buildings or transportation. KTN broadcast some news programs in sign
language. A bill to address problems faced by persons with disabilities
was pending before Parliament prior to its October dissolution; at
year's end, it was unclear whether it would be taken up by the new
Parliament. The bill aims to outlaw discrimination against persons with
disabilities and to assist them through new requirements such as
mandatory education for children with disabilities.
In August 2001, the African Medical Research Foundation of Kenya
(AMREF) released a study entitled ``Sexual Abuse of People with
Learning Disabilities.'' According to the study, there was a high
prevalence of rape of persons with disabilities.
National/Racial/Ethnic Minorities.--The country's population was
divided into more than 40 ethnic groups, among which there were
frequent and credible allegations of discrimination, as well as
frequent interethnic violence. In general each ethnic group has a
distinct primary language and was concentrated in a distinct region;
however, the languages of some groups were 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 has become fairly common in
urban areas. Political cleavages tended to correlate with ethnic
cleavages (see Section 3).
Unofficial results of the 1999 census indicated that the Kikuyu
constitute 21 percent of the population, and the Luhya were estimated
to constitute 16 percent, the Kalenjin 12 percent, the Luo 11 percent,
and the Kamba 10 percent of the population.
Ethnic-regional differences continued 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 were represented
disproportionately and held key positions in the Government, the ruling
KANU party, the GSU, and the Presidential Escort. Many members of these
groups appeared to believe that economic and political liberalization
would likely harm their groups, and to favor other groups. The Kikuyu
and the closely related Kamba, Meru, and Embu groups make up more than
one-third of the country's population; members of these groups also
dominated much of private commerce and industry and have tended to
support opposition parties since they 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.
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.
On October 18, under judicial pressure, the Government released the
``Akiwumi Report'' on ethnic clashes between 1991 and 1998. The report
indicted public officials from petty policemen to senior officials and
cite political factors as the primary cause of ethnic violence that
resulted in more than a 1,000 deaths during the 1990's, disrupted two
general elections, and displaced hundreds of thousands of persons. The
report detailed a pattern of local authorities failing to act on
warnings of impending violence, failing to intervene to stop violence
while it was occurring, and failing to pursue known perpetrators. It
also accused senior officials of giving inflammatory speeches in
volatile areas and in some cases, financing persons responsible for
violence. The Attorney General claimed that the report was biased, and
some opposition leaders claimed it had been changed to obscure the role
of the State House; however, the report largely was recognized as a
significant document.
Attacks and revenge counterattacks continued between ethnic groups
throughout the country, resulting in an average of 50 to 75 deaths per
month. Significant conflict occurred between ethnic Pokots and
Marakwets, between Pokots and Turkanas, between Turkanas and Samburus,
between Maasais and Kisiis, between Orma and Pokomos, between Boranas
and Somalis, and among various Somali clans. Many factors contributed
to interethnic conflicts, including the proliferation of guns, the
commercialization of traditional cattle rustling, the weakening of
state authority, the emergence of local militia leaders, the
development of a modern warrior/bandit culture (distinct from the
traditional culture), irresponsible local political leadership,
shrinking economic prospects for affected groups, a regional drought,
and the inability or unwillingness of security forces to stem the
violence.
A number of persons were killed during ethnic fighting between the
Kisii and Maasai communities in the southwestern part of the country.
In April five persons were killed a result of cattle rustling along the
Gucha/Tans Mara border. Government officials in the region reportedly
banned the carrying of weapons such as arrows and machetes following
the incident; however, on October 6, suspected Maasai youth raided
several homesteads for cattle in Gucha again near the Gucha/Trans Mara
border, killing three Kisii men in the process. They reportedly were
armed with homemade guns and other weapons. A number of other residents
were injured and several villagers fled their homes fearing renewed
attacks. It was not known whether the perpetrators of the attack were
apprehended by year's end.
There were also numerous violent clashes between other ethnic
groups in various regions of the country during the year. On February
16, armed cattle rustlers reportedly from Turkana district killed four
Pokot herdsmen in Nasolot village of West Pokot district. Two ethnic
Borana were killed by Samburu raiders who made off with 800 head of
cattle on April 18. The attackers reportedly raided four villages in
the Merti Division of Isiolo district. In September ethnic Turkanas and
Boranas clashed and more than 20 persons were killed. There were no
known arrests made in any of these cases by year's end.
There was no known action taken in the following 2001 cases: The
May raid in which Maasai raiders shot and killed four Kisii youths; the
May killing of six Kisii in attacks that some residents claimed were
instigated by the police; and the July killing by security officers of
a primary school teacher during a fight between Kisii and Maasai youths
(see Section 1.a.).
Clashes in 2001 between the Orma and Pokomo communities in Tana
River District in Coast Province also claimed many lives. In March
2001, 20 schools were closed after 13 persons were killed in 2 weeks of
fighting between the communities. The schools have resumed classes;
however, it was unknown whether any action had been taken against
perpetrators of the violence by year's end.
The Government has singled out the overwhelmingly Muslim ethnic
Somalis as the only group whose members were required to carry an
additional form of identification to prove that they were citizens. The
continued presence of and at times criminal activities by Somali
refugees have exacerbated the problems faced by citizens of Somali
ethnicity (see Sections 2.c. and 2.d.).
There was widespread resentment among citizens of African ethnicity
toward Asians living in the country. The Asian community constituted
between 0.5 and 1 percent of the total population and consisted of
second and third generation Asians with full citizenship and a smaller
body of recent immigrants. Many persons of African descent resented
those of Asian descent for their affluence, and for their reluctance to
assimilate African culture and to employ blacks, particularly in
management positions. They also saw Asians as taking jobs and
commercial opportunities away from Africans. The involvement of some
Asians in corrupt activities along with government officials further
fueled popular resentment. Politicians, both opposition and ruling
party, from time to time appealed to majority prejudices by attacking
Asian citizens, accusing them of exploiting and usurping the natural
inheritance of African citizens.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers are
free to join unions of their choice; however, the Police Act prohibits
members of the national police force from joining unions. Workers
employed in export processing zone (EPZ) firms had the right to
organize and bargain collectively; however, those who worked in many
small firms in the EPZs face dismissal if they joined unions. In
December 2001, the Labor Commissioner registered the Union of Kenya
Civil Servants (UKCS), which granted civil servants the right to join
unions for the first time since 1980; however, laid-off civil servants
did not receive the full severance package promised them by the
Government. 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 no union was 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 were 41 unions representing approximately 600,000 workers,
approximately one-third of the country's formal-sector work force. All
but 5 of these unions, representing approximately 250,000 workers, were
affiliated with the one approved national federation--the Central
Organization of Trade Unions (COTU). The largest non-COTU union was the
240,000-member Kenya National Union of Teachers (KNUT). The COTU
leadership generally did not pursue workers' rights vigorously;
however, most affiliates chose to remain rather than give up its even
minimal support. As a result, most union activity took place at the
shop steward level and not at the industrial level where most labor-
related decisions were made. This placed the average worker at a
disadvantage in disputes with management.
The Government created COTU in 1965 as the successor to the Kenya
Federation of Labor and the Kenya African Workers' Congress. COTU's
constitution gave 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 was composed of the leadership of affiliated unions, it was
common for political parties, especially KANU, to provide funding and
other support for the election of senior union officials.
In August 2001, Frances Atwoli, the leader of the Agriculture and
Plantation Workers Union, was elected Secretary General of COTU.
Atwoli, who replaced the incumbent of 15 years, pledged to end
corruption within the union and to remove the provisions in COTU's
constitution that grant seats on COTU's board to government and ruling
party officials.
Workers' rights groups continued to raise the general problem of
the Government's harshness towards labor with the International Labor
Organization's (ILO) Committee on Freedom of Association. In June 2001,
a tripartite Kenyan Task Force on Labor Law Reform was established and
was committed to revising the labor law. In August 2001, members agreed
that the legal loophole that allowed the practice of barring union
organizers from EPZ factory premises must be closed; however, it was
not submitted to Parliament for action by year's end.
The law prohibits employers from intimidating workers but antiunion
discrimination existed. Employees wrongfully dismissed for union
activities can take their cases to the Industrial Court, and many have
been awarded damages in the form of back pay--reinstatement was not a
common remedy. More often aggrieved workers have found alternative
employment in the lengthy period prior to the hearing of their cases.
The COTU was affiliated internationally with both the Organization
of African Trade Union Unity and the International Confederation of
Free Trade Unions. Many of its affiliates were linked to international
trade secretariats.
b. The Right to Organize and Bargain Collectively.--While not
having the force of law, the Industrial Relations Charter, executed by
the Government, COTU, and the Federation of Kenya Employers, gives
workers the right to engage in legitimate trade union organizational
activities. Both the Trade Disputes Act and the charter authorize
collective bargaining between unions and employers. Wages and
conditions of employment were established in negotiations between
unions and management. The Government permits wage increases of up to
100 percent and renegotiation of collective agreements; however, the
law allows employers in ailing industries to dismiss workers regardless
of the provisions of their collective bargaining agreements. Collective
bargaining agreements must be registered with the Industrial Court in
order to ensure adherence to these guidelines. In 2001 the UKCS, banned
in 1980, was reregistered, which resolved a longstanding International
Labor Organization (ILO) complaint against the country. In theory the
UKCS had the right to negotiate the terms and conditions of civil
service employment; however, it has not done so. It could be difficult
for the UKCS to renegotiate conditions of employment because the
interim national union officials were not civil servants.
The law permits workers to strike; however, this right was
restricted. For example, 21 days must elapse following the submission
of a letter to the Minister of Labor before a strike can occur. Members
of the military services, police, prison guards, and the National Youth
Service are prohibited from striking. Other civil servants, like their
private sector counterparts, can strike following the 21-day notice
period (28 days if it was 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, fact-finding, 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.
In past years, the Minister used this power to declare strikes by
bank workers and teachers illegal, although the required notice had
been given. During the year, the Ministry of Labor declared a number of
strikes illegal, including a strike by air traffic controllers, a
strike by the Kenya National Union of Teachers (KNUT), and a nurses
strike. In 1997 the KNUT called a nationwide strike, which the
Government quickly settled with pay increases of more than 200 percent
spread over more than 5 years, rather than risk antagonizing the
influential teachers before the election. The Government's failure to
implement the second of the promised pay hikes resulted in a 1998 KNUT
strike, which the Government declared illegal. The strike ended after
15 days when the Government refused to renegotiate. In 2000 Dr. Gitu,
the Ministry of Labor's Permanent Secretary, admitted that the
Government should not have agreed to pay the 1997 salary package for
teachers; he was subsequently fired. The Government and the KNUT
remained in sporadic negotiation regarding the implementation of the
agreed-upon salaries; however, by September the contracted pay hikes
were not paid, prompting KNUT to strike again. In response to the
strike, the Government took steps to rescind the 1997 pay increase,
withhold teacher salaries, and cancel union members' automatic
contributions to KNUT. The KNUT remained resolute in their demands, and
COTU threatened a nationwide general strike if the Government failed to
pay the teachers. The High Court temporarily blocked the Government's
reportedly illegal revocation of the 1997 salary agreement pending a
full hearing on the dispute. The strike ended on October 20, when KNUT
leaders and the Government agreed to postpone negotiations for the
benefit of students who were to sit for their national exams on October
22. A new agreement on the implementation or revision of the 1997
salary package was not expected until 2003. The agreement with KNUT
committed the Government to pay the remaining four phases of the salary
increase and arrears of 150 to 200 percent by July 1, 2003, but only
after a subcommittee was appointed to work out the payment schedule.
The committee finalized its report in November, and the Minister of
Education officially published it in December. The agreement also
committed the Government not to persecute teachers for taking part in
the strike and rescinded the cancellation of the check-off system for
payment of union dues.
In 2001, the last year for which statistics were available, there
were 21 strikes involving 4,640 workers and resulting in the loss of
12,828 cumulative days of work. Most strikes were due to unpaid wage
arrears and involved local government and manufacturing workers. Some
of these strikes involved violence on the part of the strikers, usually
in an attempt to keep other workers off the job. In some instances,
strikers also were dispersed forcibly by the Government. During the
year, there were a number of strikes in which the Government responded
forcibly against both associations and unions during threatened or
actual strikes. The Government fired and replaced striking air traffic
controllers, ordered striking nurses back to work, and skirmished with
the striking KNUT.
With the exception of the Factories Act, all labor laws, including
the right to organize and bargain collectively, apply in the EPZs (see
Section 6.e.). However, the EPZ Authority and the Government grant many
exemptions to applicable laws. 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 may face
dismissal if they join unions (see Section 6.a.). In August 2001, the
Textile and Tailors Union alleged widespread intimidation of workers
seeking to unionize at a foreign-owned EPZ firm. The employer stated
that the union had forged the signatures of workers supporting
unionization, and the leader of the union was arrested. More than 1
year later the case still was pending before the court and was not
expected to be heard until 2003.
c. Prohibition of Forced or Bonded Labor.--The Constitution
proscribes slavery, servitude, and forced and bonded labor, including
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. The law remains in effect; however, the Government
overruled attempts by chiefs to institute arbitrary community service
during the year. Some observers alleged that prison officials used free
prison labor for personal profit (see Section 1.c.). During the year,
there were reports, especially in rural areas, of children being loaned
out as workers to pay off family debts.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The employment in industry of children under the age of 16
is illegal; however, the law does not apply to the agricultural sector,
where approximately 70 percent of the labor force was employed, nor to
children serving as apprentices under the terms of the Industrial
Training Act. Ministry of Labor officers nominally enforced the minimum
age statute, and the Government was making efforts to eliminate child
labor, working closely with the COTU and the ILO's International
Program for the Elimination of Child Labor. According to a survey by
the Central Bureau of Statistics, there were 1.9 million children who
worked in the country (primarily in the agricultural sector) 1.3
million of whom were employed full time and 600,000 of whom worked
while attending school; however, the number of child laborers could be
as high as 5 million. The Central Bureau of Statistics also estimated
that 18 percent of working children had no formal education. The
problem has received considerable media attention for several years.
Children often worked as domestic servants in private homes. There
were many instances of children working in the informal sector, mostly
in family businesses. Children usually assisted parents on family plots
rather than seek employment on their own. However, deteriorating
economic conditions and the effects of the HIV/AIDS pandemic have given
rise to more child labor in the informal sector, which was difficult to
monitor and control. During the year, there were reports of abuse of
children serving as domestic employees. A significant number of workers
on tea, coffee, sugar, and rice plantations were children, who usually
worked in family units. In addition, a large number of underage
children were active in the sex industry (see Section 6.f.) and in the
salt harvesting industry along the coast. 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
was less common but not unknown.
The Government took several meaningful steps in 2001 to combat the
worst forms of child labor, including the establishment of a Child
Labor Division in the Ministry of Labor in September and the enactment
of the Children's Act in December. A draft strategic plan to implement
the Act was prepared and the focus has been on sensitization of
employers but not investigative and law enforcement. An ILO-sponsored
COTU program has facilitated the return of 562 child laborers to school
and trained 1,100 shop stewards on the prevention of child labor since
1997. Many NGOs also were active in this area; an NGO working with COTU
and the Agriculture and Plantation Workers Union has facilitated the
return of another 962 child laborers to school since 1999.
Forced labor by children occurred (see Section 6.c.).
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; however, in many industries the minimum
wage equaled the maximum wage. The lowest minimum wage was $42 (3,288
Kenyan shillings) per month in the largest urban areas and $25 (1,535
Kenyan shillings) in rural areas. Workers covered by a collective
bargaining agreement generally received a better wage and benefit
package than those not covered, including an average of $110 (8,646
Kenyan shillings) per month, a mandated housing allowance of
approximately $20 (1,595 Kenyan shillings), and traditional benefits
such as a transport allowance or a ``house owner occupier'' allowance.
The minimum wage was insufficient to provide a decent standard of
living for a worker and family. Most workers relied on second jobs,
subsistence farming, informal sector opportunities, or the extended
family for additional support.
The law 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 was the case with respect to
minimum wage limitations, the law specifically excludes agricultural
workers. An employee in the nonagricultural sector was entitled to 1
rest day per week. There also were provisions for 21 days of annual
leave and sick leave. The law also provides that the total hours worked
(regular time plus overtime) in any 2-week period for night workers not
exceed 144 hours; the limit was 120 hours for other workers. The
Ministry of Labor was responsible for enforcing these regulations, and
there were few reports of violations. Workers in some enterprises
claimed that employers forced them to work extra hours without overtime
pay.
The Factories Act sets forth detailed health and safety standards;
however, a 1990 decree by the Minister of Finance excludes EPZs from
the Act's provisions (see Section 6.b.). The Ministry of Labor's
Directorate of Occupational Health and Safety Services (DOHSS) has the
authority to inspect factories and work sites; however, the DOHSS
lacked statutory authority to inspect factories in the EPZs. The Kenyan
Task Force on Labor Law Reform noted in an August 2001 workshop that
the 1991 notice should be revoked, and the Permanent Secretaries for
Labor and Finance have begun the revocation process. Labor and NGOs
continued to criticize health and safety conditions in the EPZs. For
example, during the year, NGOs have highlighted problems in the cut
flower farming sector. The KHRC sponsored a national ``Flower Week'' to
call attention to problems on flower farms. They alleged serious
violations of worker rights, including use of hazardous pesticides and
fertilizers without adequate protection, low wages, and casualization
(hiring long term ``seasonal workers'' without providing any benefits
or job security.)
The 65 DOHSS health and safety inspectors may issue notices
enjoining employers from practices or activities that involved a risk
of serious personal injury. 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. The law 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 even the very largest factories had instituted health and
safety committees. Workers were 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.
Foreign workers were covered by the same legislation and work rules
as citizens. The law protects both legal and illegal foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports that persons were trafficked to,
from, or within the country.
Child prostitution was 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 increase in
the number of children orphaned because of the spread of HIV/AIDS.
During the year, the ILO reported that 30,000 girls under the age of 19
years were engaged in prostitution in the country.
In January 2001, authorities arrested and deported six Sudanese on
suspicion of running an operation to smuggle Kenyans to the Middle East
for work. In previous years, there were unverified reports 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. In 1999 the People newspaper published an
article about the experiences of several Kenyan women who had been
misled into accepting jobs in the Middle East, only to work in what
they described as ``modern slavery.''
The Government did not have any programs that specifically targeted
trafficking; however, several NGOs provided services that could benefit
persons who were victims of trafficking.
__________
LESOTHO
Lesotho is a constitutional monarchy with King Letsie III as Head
of State. Under the Constitution, the King filled a ceremonial role,
had no executive authority, and was proscribed from actively taking
part in political initiatives. In May Prime Minister Pakalitha
Mosisili, the leader of the Lesotho Congress for Democracy (LCD) party,
won reelection and was the Head of government. In the May elections,
the LCD won 77 of the 80 constituency based seats and the opposition
Lesotho People's Congress (LPC) won 1 constituency-based seat. The
remaining 2 constituency based seats were won by the LCD in by-
elections held in August. The 40 proportionally based seats were
divided among 9 opposition parties, including 21 seats for the main
opposition party, the Basotho National Party (BNP). The Government
welcomed international and independent domestic observers; all
observers were allowed to perform their work without hindrance. The
campaign and the elections were completely free from any violence or
intimidation. Domestic and international observers concluded that the
election was free, fair, peaceful, lawful, and transparent. In the
past, the judiciary at times was subject to government and
chieftainship influence; however, there were no reports of the use of
such influence during the year.
The security forces consisted of the Lesotho Defense Force (LDF),
the Lesotho Police Service (LPS), and the National Security Service
(NSS). The Prime Minister was the Minister of Defense, with direct
authority over the LDF and the NSS. The police force was under the
authority of the Minister of Home Affairs. The 1996 Lesotho Defense
Act, the 1997 Regulations for Military Justice, and the 1996 and 1997
amendments to the Royal Lesotho Mounted Police Force Act brought these
services under direct civilian control. The security forces had a
history of intervening in the country's politics and government;
however, they did not do so since an abortive army mutiny in 1998. The
LDF continued to be the subject of a national debate on the structure,
size, and role of the armed forces. The NSS and the LPS also were
undergoing comprehensive restructuring. Some members of the security
forces committed human rights abuses.
The country, which has a population of approximately 2.15 million,
is landlocked and surrounded by South Africa. It was almost entirely
dependent on its sole neighbor for access to the outside world.
Approximately 13 percent of the adult male work force worked in mines
in South Africa. Per capita GDP rose 0.9 percent in local currency
terms in 2000 to approximately $400 (3,785 maloti). State-owned
enterprises predominated in the agroindustrial and agribusiness
sectors, but private sector activity dominated in the small
manufacturing and construction sectors. Under the traditional
chieftainship structure, land use and tenure were controlled by the
traditional chiefs and formally owned by the Kingdom (i.e., ``crown
lands'').
The Government generally respected the human rights of its
citizens; however, there were 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 were poor, and lengthy pretrial detention
was a problem. There were long delays in trials. Domestic violence was
common, and women's rights continued to be restricted severely in some
areas. Societal discrimination against persons with disabilities was
common. Some worker rights were restricted. Child labor was a problem
in traditional agriculture and the informal sector. Lesotho was invited
by the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In 1999 the Government began investigating the 1994 palace coup and
the alleged involvement of military personnel in the killing of the
Deputy Prime Minister; 25 members of the LDF were arrested and charged
with involvement in the killing. Four of the soldiers were convicted in
courts-martial for their role in the 1998 army mutiny. The trials for
the killing of the Deputy Prime Minister were scheduled to resume in
February; however, they were postponed at the request of the defendants
and had not resumed 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 expressly prohibits such practices, and
the Government generally respected these provisions; however, there
were unconfirmed allegations of torture by security forces and credible
reports that the police at times used excessive force against
detainees.
Prison conditions were poor. Prison facilities were overcrowded and
in disrepair.
Women were housed separately from men, and juveniles were housed
separately from adults. Rape in prison reportedly was not a problem.
Pretrial detainees often were held with convicted prisoners.
Prison regulations provide for visiting committees that were made
up of principal chiefs, church ministers, representatives of the
business community, advocates of the High Court, and other citizens.
These committees may visit any prison without the prior knowledge of
the prison director, and generally were allowed to do so. The committee
reports its findings to the prison director after every inspection. The
International Committee of the Red Cross (ICRC), through its regional
office in Botswana, monitored prison conditions in the country during
visits in February, July, and September.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Pretrial detainees were a significant portion of the prison
population. Because of serious backlogs of the court caseloads, the
period of pretrial remand for some suspects could last months or even
years.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in the past, magistrates appeared at
times to be subject to government and chieftainship influence. There
were no reports of such influence during the year.
The judiciary consisted of the Court of Appeal (which meets semi-
annually), the High Court, magistrates courts, and customary or
traditional courts, which existed largely in rural areas to administer
customary law.
The High Court also provided procedural and substantive advice and
guidance on matters of law and procedure to military tribunals;
however, it did not participate in judgments. Military tribunals
operating under the 1996 Defense Act have jurisdiction over military
cases only. Decisions by military tribunals can be appealed only to a
special court-martial appeal court, which was composed of two judges
from the High Court, one retired military officer with a legal
background, and the registrar of the High Court.
Persons detained or arrested in criminal cases and defendants in
civil cases had the right to legal counsel; however, there was no
system to provide public defenders. The Ministry of Justice and the NGO
community maintained a few legal aid clinics. The authorities generally
respected court decisions and rulings. There was no trial by jury.
Criminal trials normally were adjudicated by a single High Court judge
who presided, with two assessors that served in an advisory capacity.
In civil cases, judges normally heard cases alone. The law provides for
granting bail, which the authorities granted regularly and generally
fairly. There was a large case backlog, which led to lengthy delays in
trials (see Section 1.d.).
In civil courts, women and men were accorded equal rights; however,
in traditional and customary courts certain rights and privileges
accorded to men were denied to women (see Section 5). When traditional
law and custom were invoked in a court case, a male plaintiff could opt
for customary judgments by a principal chief rather than a civil court,
and the judgment was binding legally. This system greatly disadvantaged
women.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law does not protect fully citizens' privacy
rights; however, there were no reports that authorities infringed on
citizens' privacy rights during the year. Although search warrants were
required under normal circumstances, the law provided police with wide
powers to stop and search persons and vehicles and to enter homes and
other places without a warrant. There are some prohibitions against
monitoring telephone conversations. Unlike in previous years, there
were no allegations that security forces monitored the telephone
conversations of citizens and foreigners 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, and the Government generally
respected these rights in practice. There were 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 criticized the Government. The official state-
owned or state-controlled media consisted of one radio station, a 1 \1/
2\ hour daily newscast on a local television channel, and two weekly
newspapers. All faithfully reflected official positions of the ruling
party. There were four private radio stations, but no private local
television station. South African and global satellite television and
radio broadcasts were available widely.
There was a lack of free access to government information, which
often was described as a limitation on the free press; however, there
were no other barriers that affect press coverage of government
activities.
Internet services were freely available from a number of private
Internet service providers.
The Government did not restrict academic freedom. Although the
Government owned and administered the country's only university, the
academic staff represented the full political spectrum and was free to
express its views.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly and association, and the
Government generally respected these rights in practice. A public
meeting, rally, or march did not require prior police permission, only
advance notification. Political party meetings and rallies were held
regularly and without hindrance from the Government. In addition to the
LCD, the Basotholand Congress Party (BCP), and the BNP, there were 16
smaller, registered political parties.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The majority of the members of the Government were
Christians, which reflected the religious composition of the country.
There generally was mutual understanding and cooperation between
Christians and Muslims. Unlike in previous years, there were no reports
of tensions between Christians and Muslims during the year.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The law provides for the granting asylum and refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. In 1994 the Government allowed
approximately 25 refugees from Somalia and Uganda 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 was no resident refugee population. The Government has
provided 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
The Constitution provides citizens with the right to change their
government peacefully, which was respected in the May elections. As in
1998, the Government freely allowed international observers into the
country and these observers concluded that the election was free, fair,
peaceful, and lawful. In the May elections, the LCD won 77 of the 80
constituency based seats and the opposition Lesotho People's Congress
(LPC) won 1 constituency-based seat. The remaining 2 constituency based
seats were won by the LCD in by-elections held in August. The 40
proportionally based seats were divided among 9 opposition parties,
including 21 seats for the main opposition party, the Basotho National
Party (BNP). The campaign and the election were completely free from
any violence or intimidation. Unlike the elections of 1998 and 1993,
the opposition has accepted the results and has refrained from any
violent and extraconstitutional attempts to overthrow the elected
government. Instead, the BNP initiated a legal action alleging fraud,
which was pending in the courts at year's end.
The Parliament was made up of 120 members, 80 constituency based
members, decided by plurality vote, and 40 proportionally selected
members. In the May elections, the LCD won 77 of the 80 constituency
based seats and the LPC won 1. The remaining two constituency-based
seats were won by the LCD in by-elections held in August to replace
candidates who died during the campaigning period. The 40
proportionally based seats were divided among 9 opposition parties,
including 21 seats for the main opposition party, the BNP.
Countrywide voter registration was held between August 13 and
September 30, 2001 to prepare updated voter rolls. The period was
extended by 2 weeks at the request of opposition parties, particularly
the BNP. The Government welcomed independent domestic and international
observers during this process, which, according to the observers, was
carried out in an orderly, peaceful, and lawful manner. The May 25
election and the process leading up to it were free from violence or
intimidation. Independent domestic and international delegations
concluded that the election was free, fair, peaceful, lawful, and
transparent.
There were 12 women in the 80-member National Assembly, and there
were 12 women in the 33-member Senate. Four women were government
ministers, and two women were assistant ministers. In June the
Parliament unanimously re-elected the first female Speaker of the
National Assembly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Language, Disability, or
Social Status
The Constitution prohibits discrimination based on race, color,
sex, language, 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 were restricted severely under the traditional
chieftainship system.
Women.--Domestic violence against women occurred frequently, and,
although dependable statistics were not available, it was 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 were brought to trial. Beatings and violence
against women perpetrated by husbands or other male relatives occurred
frequently; however, increasingly it was considered socially
unacceptable behavior. A 1998 national conference on the empowerment of
women noted that of 100 cases of human rights abuses, 90 involved women
who were victims of domestic violence, rape, or sexual harassment.
The law prohibits rape, which is punishable by a minimum sentence
of 5 years' imprisonment, with no option for a fine. The law also
prohibits sexual harassment; however, in most cases, it was difficult
to prove. Prostitution is illegal; however, it was difficult to police
or prosecute, and it was a problem.
Both law and custom under the traditional chieftainship system
severely limited 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 have criticized publicly this customary practice. The
tradition of paying a bride price (lobola) was common. Polygyny was
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 the Ministry of Gender and Youth Affairs.
The Ministry funded, with small financial grants and the use of
facilities, efforts by women's groups to sensitize women and society in
general to the status and rights of women.
Children.--The Government devoted substantial resources to primary
and secondary education. Education was not compulsory even at the
primary levels, and a substantial number of children did not attend
school, particularly in rural areas where there were few schools, where
children were involved in subsistence activities in support of their
family's welfare, or where families could not afford the costs
associated with school attendance, such as, fees for the purchase of
uniforms, books, and materials. The problem of school nonattendance
affected boys disproportionately more than girls. In traditional rural
Basotho society, livestock herding by young boys was a prerequisite to
manhood in the community, and this frequently interfered with their
school enrollment. The Government began implementation of a program
that provided free public education through the primary grades (1
through 6). The program commenced in all schools in the first grade
during 2000, and it covered the costs of school fees, books, and one
meal per day. Expansion of the program to the third grade occurred
during the year, and the program was scheduled to expand to the fourth
grade in 2003.
There was no pattern of societal abuse against children. However,
familial stress, poverty, the spread of HIV/AIDS, and divorce led to a
rise in child homelessness and abandonment, creating a growing number
of street children.
Child prostitution was a problem. Young girls reportedly move to
urban areas to work as prostitutes. The prevalence of commercialized
child prostitution was low; however, both the Government and UNICEF
agreed it was a growing problem, largely driven by poverty (see Section
6.f.).
Persons with Disabilities.--Discrimination against persons with
physical disabilities in employment, education, or provision of other
government services is unlawful; however, societal discrimination was
common. The Government has not legislated or mandated accessibility to
public buildings for persons with disabilities. The Minister of
Justice, Human Rights, Rehabilitation, Law, and Constitutional Affairs
is blind; he was appointed to this position in 2001.
National/Racial/Ethnic Minorities.--Most citizens spoke a common
language and shared common historical and cultural traditions. Small
numbers of Asians (primarily ethnic Chinese and Indians) and South
African whites were active in the country's commercial life. Economic
and racial tension between the Chinese business community and the
Basotho remained a problem. Unlike in previous years, there were no
reports that civil unrest or riots targeted persons of Asian descent
during the year.
Section 6. Worker Rights
a. The Right of Association.--Under the law, workers have the right
to join and form trade unions without prior government authorization.
The Labor Code prohibits civil servants from joining or forming unions.
The Government regarded all work by civil servants as essential. The
law prohibits public employees from becoming members of trade unions
established under the Labor Code; however, the law allows them to form
staff associations. In response to a 2001 request by the International
Labor Organization (ILO), the Government was reviewing the law in order
to address concerns related to freedom of association without
compromising its responsibility to provide essential services; however,
the were no developments by year's end.
Under the Labor Code, prepared with the assistance of the ILO, all
trade union federations must register with the Government. There were
43 trade unions and employee organizations registered with the
Registrar of Trade Unions. There were four small trade union
federations that rarely cooperated with one another: The Lesotho Trade
Union Congress; the Lesotho Federation of Democratic Unions; the
Worker's Congress of Trade Unions, and the Congress of Lesotho Trade
Unions. Unions were not affiliated formally with political parties;
however, the former head of the largest garment workers union was
elected to Parliament as a member of the Lesotho Workers Party with
substantial union support.
The labor and trade union movement was very weak and fragmented.
There were several small unions in the public and industrial sectors,
but there was no unified trade union congress. There were cases of
unions competitively organizing small numbers of workers in the same
sector.
Overall unionized workers represented approximately 10 percent of
the work force. Approximately 13 percent of the male labor force worked
in the coal and gold mines of South Africa, and the majority of those
who did not were engaged primarily in traditional agriculture. A
majority of Basotho mine workers were members of the South African
National Union of Mineworkers (NUM); however, as a foreign
organization, the NUM was not allowed to engage in union activities in
the country.
There was credible evidence that some employers prevented 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, intimidated members, and
frequently fired union activists. The Commission of Labor, which
operated as part of the Labor Ministry, was charged with investigating
allegations of labor law violations (see Section 6.e.).
There were no instances of governmental restrictions on
international affiliations or contacts by unions or their members.
There were no instances of governmental restrictions on the rights of
workers or union members to form political parties or associations. The
Lesotho Workers' Party was formed during the year and succeeded in
winning one of the 40 proportional seats in Parliament.
b. The Right to Organize and Bargain Collectively.--In principle
all legally recognized trade unions enjoy the right to organize and
bargain collectively, and the Government generally respected these
rights; however, some employers tried to restrict these rights in
practice. Employers usually were cooperative; however, some employees
were threatened with expulsion and loss of employment if they join
unions. There was credible evidence that most employers in the textile
and garment sector used 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.
Following the threat of strike action over the minimum wages
published by the Government in 2001, members of the Association of
Lesotho Employers met with the main textile union, Lesotho Clothing and
Allied Workers Union (LECAWU), and negotiated a 10 percent increase
instead of the 6 percent that had been set by the Government. LECAWU
and the Employers Association also agreed to meet annually to negotiate
wages independent of the minimum set by the Government. Employee
grievances reportedly were handled promptly by the Labor Commission,
and there were no significant backlogs of cases during the year.
The law provides for the right to strike; however, no legally
authorized strike has occurred since independence in 1966. Because
civil servants generally were not allowed to strike, all public sector
industrial actions were 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 wildcat strikes or spontaneous industrial actions without
following the procedures for dispute resolution; however, there were no
reported strikes during the year. Legal protection for strikers from
retribution has not been enforced always in cases of illegal strikes.
There were no violent strike-related incidents during the year.
The Labor Code was amended in 2000 to establish a Directorate of
Dispute Prevention and Resolution within the Ministry of Employment and
Labor. The Directorate started hearing cases in January and has won
praise from the union movement for prompt disposition of cases brought
before it.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age for employment in commercial or
industrial enterprises is 15 years, and legal minimum age for hazardous
employment is 18 years; however, children under 14 years of age
reportedly were employed in family-owned businesses. Many urban street
children work in the informal sector. Most of the jobs in which
children find themselves were gender-specific: Boys (as young as ages 4
and 5) were livestock herders; girls were domestic servants; boys carry
packages for shoppers, wash cars, and collect fares for minibus taxis;
teenage girls (and a few boys) were involved in prostitution; and both
boys and girls work as street vendors. Although there were allegations
of child labor in the textile and garment sector, investigations by
UNICEF, the ILO, and the Labor Commission found no evidence to support
the charges.
There are statutory prohibitions against the employment of minors
in commercial, industrial, or nonfamily enterprises involving hazardous
or dangerous working conditions, and although enforcement of
prohibitions was very lax in previous years, the Ministry of Labor and
Employment's Inspectorate was staffed adequately and conducted
quarterly inspections during the year. Children 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 were 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 emphasis on traditional socialization methods to the exclusion of
formal education continued the cycle of poverty for most youth. Child
labor laws covered all sectors except for the agricultural sector.
e. Acceptable Conditions of Work.--In general wages were low. A
national minimum wage is determined annually by the Wage Advisory
Board, a tripartite entity, consisting of government, trade unions, and
employers. The monthly minimum wage for unskilled laborers was $80 (648
maloti), and $140 (1,129 maloti) for heavy vehicle operators. Minimum
wages for workers in lower skilled jobs were insufficient to ensure a
decent standard of living for a worker and family. Most wage earners
supplemented their income through subsistence agriculture or
remittances from relatives employed in South Africa. Many private
employers paid more than minimum wages to attract and retain motivated
employees. However, there also was reason to believe that some
employers, especially in export sectors, treated the minimum wage as a
maximum wage.
The Labor Code provides for 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 sick and public holidays;
however, employers did not always respect these rights in practice.
Required overtime was legal so long as overtime wages were paid for
work in excess of the legally mandated 45-hour workweek. Inspections by
both buyer's representatives and the Labor Department have ensured that
workers were paid the proper overtime rate for any overtime hours
worked.
There were allegations in 2001 that some companies paid below
minimum wage, enforced long hours sometimes by locking in workers, and
deducted wages when employees were found talking or taking more than
one break a day. Some employers, particularly small businesses,
allegedly refused sick-pay leave and engaged in unfair dismissal
practices. The majority of complaints dealing with these issues were
brought to the Directorate of Dispute Prevention and Resolution, where
they were resolved within weeks. Only 10 percent of the complaints
filed with the Directorate concerned the textile sector.
A second judge has been appointed to the Labor Court, which
transferred its pending unfair dismissal cases to the Directorate of
Dispute Prevention and Resolution, thus eliminating the court's former
case backlog. The Labor Commission was staffed adequately and handled
most complaints within a 1-month period; it cooperated closely with the
ILO in establishing inspection regimes. Labor inspectors generally
conducted unannounced inspections in factories four times per year. The
Labor Commission was authorized to order the reinstatement of
wrongfully dismissed employees and the payment of back wages, but it
did not have the authority to impose criminal fines.
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,
and in practice employers generally follow these regulations. The law
provides for a compensation system for industrial injuries and diseases
arising out of and in the course of employment. The Labor Code also
empowers the Minister of Labor to make regulations pertaining to work
safety in specific areas. There are regulations in force concerning
welding and cutting, noise, and spray painting. Regulations on
construction and chemical safety were being promulgated. The Labor Code
does not protect explicitly 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 implied
that dismissal in such circumstances would be illegal. The Labor Code
protects both legal and illegal foreign workers, unless the workers
signed contracts that specified differently.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports of trafficking.
The Government and the local UNICEF office recognized that poverty
and the high incidence of HIV/AIDS has led to a growing problem of
transactional sex practiced by under aged girls who were in many cases
orphans. A recent UNICEF assessment concluded that child prostitution
in the country was a poverty-driven phenomenon rather than a commercial
enterprise and that the financial arrangements were casual and not the
product of organized criminal syndicates. However, UNICEF and the
Government agreed, that while the numbers remained small, the trend
toward commercial prostitution by children under age 18 was a growing
problem in the country. The Minister of Home Affairs asked UNICEF for
financial support and technical assistance to establish a child
protection unit within the police force, similar to programs that have
been established in South Africa and Namibia with UNICEF support. At
present, there is little capability within either the police force or
the Department of Social Welfare to address the needs of children
likely to engage in prostitution.
There was a report that illegal immigrant smugglers, primarily from
South and East Asia, continued to 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. There was no clear evidence that these movements
included women or children, or that these organizations were recruiting
or transporting persons illegally for involuntary servitude, slavery,
or forced or bonded labor. It was suspected that most of the persons
who were moved by these criminal organizations were primarily economic
immigrants seeking employment in other countries. There were no reports
or evidence of forced or bonded labor or servitude in the country
resulting from these activities.
The Government took no specific action to address trafficking in
persons during the year.
__________
LIBERIA
Liberia is a centralized republic dominated by a strong presidency.
The Constitution provides for three branches of government, but there
was no effective system of checks and balances, and presidents
traditionally have wielded extraordinary power. Charles G. Taylor, who
is of both indigenous and Americo-Liberian ancestry, has led the
Government since 1996, when forces under his command emerged dominant
after a 7-year civil war. President Taylor used intimidation,
patronage, and corruption to maintain power. In 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, because most voters believed that Taylor's
forces would have resumed fighting if he had lost. Other leaders of the
former warring factions subsequently left the country. From February 8
until September 14, the Government operated under a state of emergency
that suspended some civil liberties such as peaceful assembly in
response to the armed insurgency of a rebel group, Liberians United for
Reconciliation and Democracy (LURD). The Government used the provisions
of the state of emergency to stop all support for rebel goals, real or
imagined. The bicameral legislature exercised little independence from
the executive branch. The judiciary was subject to political influence,
economic pressure, and corruption.
The regular security forces include: 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 consisting predominately of
foreign nationals from Burkina Faso and The Gambia, as well as former
Revolutionary United Front (RUF) combatants from Sierra Leone; and the
Special Security Service (SSS), a large, heavily armed executive
protective force. The ATU absorbed Taylor's most experienced civil war
fighters, including undisciplined and untrained loyalists. There also
were numerous irregular security services attached to certain key
ministries and parastatal corporations, the responsibilities of which
appeared to be defined poorly. National Police Director Paul Mulbah
headed the police force; however, former National Patriotic Front of
Liberia (NPFL) officials within the police service wielded considerable
power. The national army, which fought against Taylor's faction during
the civil war, has yet to be downsized and restructured as required by
the 1996 Economic Community of West African States (ECOWAS)-brokered
Abuja Peace Accords. Several thousand troops deployed in northern
counties were fighting armed dissidents; however, there were few troops
deployed to maintain security in other rural areas of the country.
Fighting between the security forces and the LURD rebels intensified
and spread towards Monrovia during the first half of the year; however,
government forces regained lost territory by the year's end. The
Government offered a general amnesty to LURD fighters that several
dozen accepted. Security forces frequently acted independently of
government authority, particularly in rural areas. Members of the
security forces committed numerous, serious human rights abuses.
Liberia, with a population of approximately 3.1 million (UNDP
estimate), was a very poor country with a market-based economy that has
yet to recover from the ravages of the civil war. Few statistics were
available, but real growth probably was negative. Average per capita
income was estimated at less than $170. An estimated 80 percent of the
population lives on less than $1 per day. The country had an
unemployment rate of at least 70 percent and only a 30 percent literacy
rate. The internal displacement of civilians in Lofa, Bong, and Nimba
Counties and the absence of infrastructure throughout the country
continued to depress the economy, despite the country's rich natural
resources and potential self-sufficiency in food. Government officials
continued to exploit the country's natural resources for personal
profit. Extortion was widespread in all levels of society.
The Government's human rights record remained poor, and it
continued to commit numerous, serious abuses. The security forces
committed many unlawful killings, and they were accused of the
disappearances of numerous persons, especially ethnic Mandingos
suspected of antigovernment sympathies. Security forces frequently
tortured, beat, and otherwise abused or humiliated citizens. The
Government investigated some of the alleged abuses by the security
forces; however, abusers rarely were charged or disciplined. Prison
conditions remained harsh and sometimes life threatening. Security
forces continued 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; authorities tacitly
condoned this practice. Political prisoners held from previous years
were released; however, numerous persons during the state of emergency
were denied habeas corpus and held indefinitely as ``illegal
combatants,'' often without access to lawyers or international
humanitarian organizations. Security forces violated citizens' privacy
rights. The Government restricted freedom of speech and of the press;
it detained, threatened, and intimidated journalists. The Government
banned political gatherings during the state of emergency. Security
forces restricted freedom of movement. Security forces frequently
harassed human rights monitors. Violence and discrimination against
women remained problems. The welfare of children widely remained
neglected, and female genital mutilation (FGM) continued to be
practiced. Societal ethnic discrimination remained widespread, ethnic
differences continued to generate violence and political tensions, and
the Government continued to discriminate against groups that had
opposed Taylor in the civil war, especially the Mandingo and the Krahn
ethnic groups. Forced labor persisted in rural areas. Child labor
remained widespread, and there were reports of forced child labor.
Ritualistic killings also persisted.
Rebels fighting in the northwest also committed serious human
rights abuses. The absence of independent observers in rebel-controlled
areas made documentation of such abuses difficult.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
continued to commit extrajudicial killings. Human rights organizations
estimated that such killings increased during the year as hundreds of
civilians died in the fighting which occurred in Lofa and Gbarpolu
Counties. Fighting between government forces and LURD insurgents spread
from the border areas towards Monrovia during the first half of the
year and culminated in several pitched battles for key towns; however,
by October the Government reoccupied most of the country's territory.
No perpetrators were arrested or convicted for any killings connected
to the conflict.
There were many unlawful killings during the year. For example, on
June 19, an ATU officer and presidential guards opened fire on a
taxicab in Monrovia and killed a 6-year-old child and critically
injured his mother and the driver. President Taylor ordered an
investigation of the incident, which was ongoing at year's end.
On July 3, police shot, killed, and publicly displayed in Monrovia
the body of Kennedy Kessely, thought to be an armed robber. There was
no investigation, and no action was taken against the responsible
members of the police.
In September Lt. Issac Gono, a driver attached to ATU chief Charles
Taylor Jr.'s command, was beaten to death by his colleagues as a
disciplinary measure for denting a vehicle. Two soldiers were arrested
and held for court martial. The trial was opened; however, it later was
suspended for unknown reasons, and the case was pending at year's end.
On September 22, Special Operations Division (SOD) policemen killed
John B. Toe after he allegedly had been involved in an armed robbery.
There were no reports of an investigation, and none of the responsible
members of the security forces were disciplined or charged by year's
end.
There were no developments in the July 2001 case of three SOD
officers arrested and detained for killing an immigration officer in
Bong County; the July 2001 case of the commander of the Kakata town
police and another man arrested and detained for murder and armed
robbery; and the August 2001 case of the killing by unknown persons of
the Chief Financial Officer of the Police Training Academy outside of
Monrovia.
Former Deputy Minister of Labor Bedell Fahn and four members of the
ATU arrested for torturing two Nigerian men to death in October 2001
were tried during the year. Fahn was sentenced to 10 months in prison;
however, in September he was released. Two ATU members were acquitted
and the other two were sentenced to life imprisonment.
The police commander of Gbarnga who shot and killed a fourth grade
boy in December 2001 was dismissed from the police force. He remained
in detention pending trial at year's end.
In October the Catholic Church established a four-person commission
to investigate the five American nuns who allegedly were killed by NPFL
rebels in 1992 in Monrovia.
No action was known to have been taken, or is any likely to be,
against the police officers responsible for the killing of Nyanqui Luoh
in 2000.
In March unknown persons killed Henry Cooper, chairman of the Unity
Party Bong County Branch under unexplained circumstances. No one was
arrested for the crime by year's end; however, residents believed the
killing was politically motivated.
There continued to be reports that rival security personnel clashed
violently during the year. For example, in June four persons were
killed during a fight between AFL soldiers and progovernment militia in
Sanoyea, Bong County.
As fighting with the LURD rebels spread and moved south, there were
credible reports that government forces, especially the ATU, as well as
members of the Lorma ethnic group continued to harass, intimidate,
detain, and kill members of the Mandingo ethnic group and other
suspected LURD sympathizers (see Section 1.d.). During the year,
uncontrolled government security forces killed large numbers of
civilians who were suspected of being rebel sympathizers by shooting
them, burning them alive, or cutting their throats; some soldiers
killed civilians while looting their villages. Human rights monitors
reported that abuses included torture and rape (see Section 1.c.).
Minister of Information Reginald Goodridge denied that security forces
committed abuses.
In September several attacks on villages and customs posts along
the Guinea border resulted in approximately a dozen deaths. It was not
clear whether the perpetrators were government forces, Guinean
villagers, Guinean rebels, or LURD rebels.
Rebel forces fighting the Government in the northwest killed,
tortured, and raped civilians. For example, on June 17, LURD rebels
opened fire on civilians at a market in the town of Gbah and killed at
least four persons. LURD rebels also commandeered food, shelter, and
persons for forced labor.
On June 20, LURD rebels attacked Sinje, the site of a refugee camp
on the border of Sierra Leone, and killed one civilian and two
government soldiers; government soldiers killed one LURD rebel during
the attack (see Section 2.d.).
There were no reported developments in the 2000 case of 12 men
arrested for the burning of a mosque and other buildings and the death
of 4 persons in a property dispute in Nimba County; the 12 men
reportedly remained in detention pending a trial at year's end.
There were no further developments in the 2000 attacks reportedly
in northeastern Nimba that resulted in numerous deaths.
There were no developments in the January 2001 attack by a Guinean
helicopter gunship on Solumba that killed at least 10 persons.
Incidents of ritualistic killings, in which human body parts used
in traditional rituals were removed from the victim, continued to be
reported (see Section 2.c.). There were no reported developments, nor
were any likely, in the 2000 case of two suspects charged with killing
and mutilating a 10-year-old girl.
b. Disappearance.--Security forces were responsible for numerous
disappearances. For example, in May security forces allegedly abducted
several ethnic Mandingos during a LURD rebel attack near Monrovia. The
Mandingos remained missing at year's end.
There was no resolution or further information about the May 2001
case of 24 persons taken into custody by the ATU and transported to
Gbatala military base in Bong County. The whereabouts of seven refugees
who were arrested upon their return from Guinea in 2000 remained
unknown.
During the year, rebels were responsible for abductions. For
example, LURD rebels abducted 60 blind refugees, along with a British
priest. In July all of the refugees were released; however, one elderly
man was killed during fighting in June.
In June LURD rebels abducted five nurses from a refugee camp; in
September they were released (see Section 2.d.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however,
government police and security forces frequently tortured, beat, and
otherwise abused and humiliated citizens. Detainees continued to charge
that they were tortured while in detention, especially at a security-
training base in Gbatala. Victims and witnesses reported beatings,
torture, killings, and sexual abuse at the base. Despite calls by human
rights organizations for the closure of the base, the base remained
opened at year's end. The Government also resisted efforts by human
rights monitors to visit the detention facilities at Gbatala. The use
of torture reportedly was widespread in interrogating LURD captives in
conflict zones.
On April 24, lawyer and critic of the Government, Tiawan Gongole,
was arrested under the terms of the state of emergency after the
independent newspaper The Analyst published a speech in which Gongole
exhorted civil society to work for peace and criticized the Liberian
Marketing Association for being a ``cheerleader'' for the Government.
Police stripped naked and severely beat Gongole while he was in
detention at the Central Police Station; he had to be hospitalized
after his release. His request for habeas corpus was denied repeatedly,
past the 48 hour constitutional limit. On May 6, the Government dropped
the case against Gongole. Members of the security forces, David Moore
and James Kollie, were charged with assault in the case of Gongole, and
their trial was pending at year's end.
In July Dixon Gbalh, the director of the nongovernmental
organization (NGO) Liberia Prisons Watch, was arrested and beaten for
allegedly spreading false information. He fled from the country after
his release.
Law enforcement personnel, including the security forces, were
implicated in numerous reports of harassment, intimidation, and looting
(see Section 1.f.). For example, on March 10, six armed AFL soldiers
harassed and robbed civilians at an agricultural project in Clean Town,
Bomi County. The soldiers also captured the project's Agricultural
Manager, John Nizan, whom they forced into 3 weeks of menial labor.
Nizan escaped when LURD dissidents attacked the town. Clean Town
subsequently vacated and its residents became internally displaced
persons (IDPs).
On several occasions, government security personnel harassed,
assaulted, and arrested journalists (see Section 2.a.).
Security forces targeted and abused critics of the Government,
including students and human rights activists (see Sections 1.d. and
1.f.).
There were credible reports that government forces as well as
members of the Lorma ethnic group continued to harass, intimidate,
detain, and, on occasion, kill members of the Mandingo ethnic group in
Lofa County (see Sections 1.a. and 1.d.).
21There was no action taken against the responsible members of the
security forces who fired on vehicles at roadblocks in May and June
2001, or in the August 2001 beating of Congresswoman Ellen King and
Senator Armah Jalluh.
The six officials who in October 2001 tortured to death two
Nigerian men accused of theft were tried and convicted of the killings
(see Section 1.a.).
There was no known action taken, nor is any likely to be taken,
against the members of the security forces responsible for shooting,
harassing, injuring, assaulting, or otherwise abusing persons in the
following cases from 2000: The February assault on a foreign diplomat;
the February shooting of an LNP officer; the March beating of a local
embassy security guard; and the June assault on a local embassy
employee.
Despite official demands to improve training in 2001, the behavior
of ATU personnel at checkpoints did not improve substantially during
the year. There were many credible reports that security forces
harassed returning refugees and displaced persons, especially in border
areas. No police officers responsible for abuses were disciplined
during the year.
In August President Taylor announced that government soldiers
convicted of rape on the war front would be executed; however, there
were no reports this punishment was carried out. The SSS and the Forces
Operation Division also committed rapes.
In December 2001, soldiers reportedly attacked the northern town of
Kolahun and gang-raped six women and girls, one of whom was 12 years
old.
A panel appointed by University of Liberia (UL) officials completed
an investigation into the March 2001 beatings of students by police
when they forcibly dispersed a student demonstration. The panel
suspended or expelled several students for their part in the
confrontation; however, the panel recommended no actions against
members of the security forces.
Violent clashes among rival security personnel at times resulted in
civilian injuries (see Section 1.a.). For example, in September
security forces shot and injured civilians during a battle over control
of expropriated fuel near the port of Monrovia.
Clan chieftains continued to use the traditional practice of trial-
by-ordeal to resolve criminal cases in rural areas. 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; however, the
practice continued under an executive order. A domestic human rights
group urged that trial-by-ordeal be abolished throughout the country;
however, no action was taken by year's end.
Prison conditions remained harsh and in some cases life
threatening. There were credible reports of unofficial detention
facilities, including one at the Executive Mansion, in which detainees
were held without charge and in some cases tortured. The Government did
not provide detainees or prisoners with adequate food or medical care.
The National Human Rights Center reported on the ``de-humanizing and
deplorable conditions'' detainees experienced at the Central Police
Station. The Center reported that detainees sometimes were fed only a
spoonful of rice per day and that police permitted prisoners to
torture, humiliate, and flog detainees. Cells at Monrovia Central
Prison were overcrowded, mostly with detainees awaiting trial. Only
approximately 10 percent of the total prison population was convicted
of criminal offenses. Similar conditions existed 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. There also were
reports that local officials forced prisoners to work for them.
Women, who constituted approximately 5 percent of the prison
population, were held in separate cells. Their conditions were
comparable to those of the male prisoners and detainees. There were no
separate facilities for juvenile offenders. Women and particularly
juveniles were subject to abuse by guards or other inmates. Convicted
prisoners and detainees awaiting trial were not held in separate
facilities.
In September Minister of Justice Leveli Korbo Johnson identified
141 persons held in prisons, many for offenses that did not merit
incarceration, and ordered them released. In a number of cases, human
rights groups and interested persons obtained the release of detainees
and prisoners; however, for the most part, these cases tended to be
nonpolitical in nature.
The Government generally permitted the independent monitoring of
prison conditions by local human rights groups, the media, and the
International Committee of the Red Cross (ICRC). Although visits to
unofficial detention centers often were denied, in June 2001, the
Government allowed members of the U.N. Security Council Expert Panel on
Liberia to visit Gbatala base, where victims have been detained and
tortured. The Panel did not include any findings from Gbatala in its
report. The ICRC often was allowed to visit persons held in prison
facilities and police detention centers without third parties present
and to make regular repeat visits; however, despite repeated requests
the ICRC was not granted access to Gbatala Camp.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, security forces
continued to arrest and detain persons arbitrarily. In September
Justice Minister Koboi Johnson reported 141 persons unlawfully detained
in prisons. Persons were abused and sometimes tortured while in
detention (see Section 1.c.).
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 adhered 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. The Constitution
provides for the right of a person who is charged to receive an
expeditious trial; however, lengthy pretrial and prearraignment
detention remained serious problems. In some cases, the length of the
pretrial detention equaled or exceeded the length of sentence for the
crime.
Security forces at times refused to produce suspects being held in
detention without charge even after the courts issued writs of habeas
corpus on the application of human rights organizations. Their
disappearances often were the result of prolonged illegal detention at
the Gbatala base (see Section 1.c.). In some cases, persons were
detained secretly at unofficial detention centers, including one at the
Executive Mansion (see Section 1.c.). In April as a result of the
efforts of the NGO National Human Rights Center to file writs of habeas
corpus on their behalf, the Government released 24 persons--some were
detained as long as 4 years without charge.
In April police released 24 detainees who had been held without
charge since February, when they were arrested during security sweeps
against suspected ``dissident collaborators.''
On June 24, security officials detained and held incommunicado
Hassan Bility, the editor-in-chief of The Analyst, Abubakar Kamara,
Mohamed Kamara, and Asumana Kamara reportedly on suspicion of links to
LURD rebels. Although a civil court judge approved a writ of habeas
corpus for the four individuals, it was refused by the Government and
overturned by a higher court. The Government alleged that the four
detainees were not civil prisoners entitled to constitutional rights,
but rather ``illegal combatants.'' The Military Court Martial Board
filed a second writ of habeas corpus, requesting that Bility and the
others appear before a military court by August 7; however, the
Ministry of National Defense declared the writ void, arguing that it
had been filed ``improperly.'' Bility routinely was beaten in prison,
sometimes severely, and often held in poor locations, including
confinement for several weeks in an underground pit. He was denied
access to lawyers, family, and other outside visitors. The other
detainees were held at an undisclosed location without access to
lawyers, family, or the Red Cross. Family members, who often bribed
prison officers to communicate with the detainees, alleged the
detainees were abused badly by their captors. On December 7, Bility was
released and left the country.
On July 25, Sheikh K.M. Sackor also was detained as an ``illegal
combatant.'' A writ of habeas corpus in favor of Sheikh Sackor was
refused on the same grounds, citing the Bility case as precedent.
Sackor remained incarcerated and denied all outside contact at year's
end. By year's end, an unknown number of persons were detained during
the state of emergency as ``illegal combatants,'' frequently without
access to lawyers or international humanitarian organizations, and
denied habeas corpus.
In July and August, in connection with the Bility case, ATU forces
seized and arrested alleged LURD conspirators, most of them ethnic
Mandingos; they remained detained at unknown locations at year's end
(see Section 1.b.). Many ethnic Mangingos subsequently fled to
neighboring countries, primarily Guinea.
On September 14, Manasuah Kollison, a law student at UL, was
arrested and detained at National Bureau of Investigation (NBI)
headquarters without charge. The NBI did not respond to a writ of
habeas corpus filed on his behalf. The whereabouts of Kollison was
unknown at year's end.
Security forces arrested and detained a number of journalists, NGO
members, and human rights activists during the year (see Sections 2.a.,
2.c., and 4).
Government security forces and the LURD detained, tortured, and
killed hundreds of civilians during the year (see Sections 1.a. and
1.c.).
The police only have limited logistics and forensic capabilities
and cannot adequately investigate many crimes, including murder cases.
When the courts released known criminals for lack of evidence, police
officers often arrested them again on false charges.
On March 19, the Government released senior Ministry of Defense
intelligence officer Colonel Aloysius Zayzay, who had been arrested in
2000 on treason charges. Auditor General Raleigh Seekie, also arrested
in 2000 on treason charges, was released in December 2001.
The Government did not use forced exile; however, as a result of
frequent harassment and threats by the security forces, a number of
student activists, opposition figures, and human rights activists fled
the country due to fear for their personal safety or that of their
families. For example, Minister of Transportation Francis Carboh
resigned his post from overseas and stayed in self-imposed exile. In
August Mohamed Konneh, President of the Muslim Students Association at
UL, feared for his life and fled to another country in the region.
Journalist Hassan Bility left the country. Former Deputy Minister of
Information and Presidential Media Advisor J. Milton Teahjay; leader of
the UL Student Union Alphonse Nimene; prominent NGO Director Conmany
Wesseh; former president of the interim national government in the
1990s Amos Sawyer; human rights activist James Torh; and Muslim
organization leader Lartin Konneh all remained outside the country at
year's end.
The existence of the state of emergency deterred many opposition
figures who resided abroad from returning to the country. In May Ellen
Sirleaf-Johnson, runner-up in the 1997 presidential polls, spent
several days in Monrovia. Although invited back in August for the
Government-sponsored Reconciliation Conference, she and other overseas
citizens declined to attend, citing personal safety concerns.
e. Denial of Fair Public Trial.--Although the Constitution provides
for an independent judiciary, judges were subjected to political,
social, familial, and financial pressures, and the judiciary was
corrupt. Some judges and magistrates were not lawyers. The judiciary
has determined that it was not feasible to retire all judicial
personnel who were not legally trained but intended to replace those
currently sitting with lawyers as they retire. By statute members of
the bar must be graduates of a law school and pass the bar examination.
The executive branch continued to exert strong influence on the
judiciary. For example, the Government's assertion that persons
identified as ``illegal combatants'' have no recourse to the civil
courts appeared to have no basis in law; however, writs of habeas
corpus for Bility and Sackor were refused on such grounds (see Section
1.d.).
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 sporadically. The Government's efforts to
revitalize the court system outside of Monrovia continued to be
hindered by a lack of trained personnel, a lack of infrastructure, and
inadequate funding. Although judges were assigned throughout the
country, in some cases they were unable to hold court due to lack of
supplies and equipment. Traditional forms of justice administered by
clan chieftains remained prevalent in some localities (see Section
1.c.).
Under the Constitution, defendants have due process rights;
however, in practice these rights were not always observed. Defendants
have the right to a public trial and timely consultation with an
attorney; however, there was no effective system to provide public
defenders, especially in rural areas. Some NGOs provided legal services
to indigents and others who have no representation.
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. In 2000
the Chief Justice of the Supreme Court stated publicly that delays in
salary payments to judicial personnel contributed to corruption in the
judiciary.
There continued to be long delays in deciding cases involving
juveniles.
On March 12, President Taylor granted executive clemency to 24
ethnic Krahn political prisoners, including Armah Youlou, Professor
Charles Breeze, Brigadier Joseph Jarlee, and Major Alphonso Dubar, who
were released on the same day. The group included civilian prisoners
convicted of treason and military officers convicted of sedition. All
were detained following the 1998 fighting in Monrovia.
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.
Police also raided the offices of newspapers and NGOs during the year,
including The Analyst newspaper and the human rights group Liberia
Prison Watch (see Sections 2.a. and 4).
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. For example, on July 18, just
prior to the start of the National Reconciliation Conference, the ATU
searched the homes of opposition leaders Dr. Togba-Nah Tipoteh and
former telecommunications minister Roosevelt Jayjay. Several student
leaders remained under surveillance at year's end.
Some journalists and human rights activists resided in the homes of
friends or relatives at times due to fear that the security forces
might follow through with their threats against them. Incidents of
harassment and threats increased with the continuing violence in the
northwest.
In April police used so-called security sweeps to search for
dissidents in the Paynesville area after LURD rebels allegedly
distributed leaflets there, and several persons abandoned their homes
and moved in with relatives.
In rural areas, particularly in remote parts of Lofa and Gbarpolu
Counties, armed security forces illegally entered homes, most often to
steal food, money, or other property. Members of the security forces in
rural areas generally were paid and provisioned inadequately and often
extorted money and goods from citizens. Local communities were
compelled to provide food, shelter, and labor for members of the
security forces stationed in their villages. Human Rights Watch
reported that President Taylor's security services, the SSS and the
SOD, both mobilized to combat LURD rebels, consisted of former NPFL
rebels who were paid a one-time fee of $150 (8,200 ld) and were
expected to loot and pillage thereafter to support themselves.
On October 29, SOD police raided the home of human rights activist
Aloysius Toe after Toe announced a week of solidarity for Hassan Bility
and other detainees (see Section 4). Government officials said that e-
mail documents were found in Toe's home that linked him with LURD
rebels.
ATU members increasingly were involved in criminal activities such
as theft, looting, and murder in Monrovia. More than in the past, the
perpetrators were apprehended; however, cases against them remained
unresolved at year's end. Two ATU members arrested in November 2001
after looting a private residence in Monrovia were released during the
year.
Some persons believed that government security personnel monitored
e-mail (see Section 2.a.).
There were reports that security forces and rebels forcibly
conscripted men and boys to fight in the conflict in Lofa County (see
Section 5).
The Government continued the occasional practice of arresting
family members in order to persuade a suspect to turn himself in. For
example, on October 29, armed police officers entered the house of
human rights activist Aloysius Toe and abducted his wife, Vivian Toe.
She was released after she contacted her husband and asked him to turn
himself in for questioning.
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, particularly during the months when the state
of emergency was in force. Security agents threatened, detained, and
assaulted journalists and intimidated many journalists into practicing
self-censorship. Cabinet ministers periodically objected to critical
articles and forced stories to be dropped or modified.
The Government arrested critics of the state of emergency in
February, such as Councilor Morris (see Sections 1.d. and 4). In March
New Deal Movement Chairman Nigba Wiaplah was harassed and arrested on
charges of ``inciting insurrection'' for saying that conflict in the
northwest arose from the Government's refusal to restructure the
security forces. On April 2, Wiaplah filed a writ of habeas corpus and
was released on bail; his trial was pending at year's end.
In Monrovia there were eight newspapers that published during the
year; however, some published irregularly. Two were independent dailies
and five usually appeared at least once a week. Their political
orientation ranged between progovernment and critical of the
Government. The Public Affairs Bureau of the Ministry of Information,
Culture, and Tourism published one newspaper, and the communications
network owned by the President published a weekly newspaper. The ruling
party also published a newspaper.
With some notable exceptions, government officials reluctantly
tolerated the press; however, they frequently criticized the media
publicly for what they considered negative reporting. The Government's
media advisory committee created in 2001 to reduce tensions between the
Government and the press had little noticeable effect. Requirements for
foreign journalists, including a minimum 72-hour advance notice of the
intent to enter the country and a 24-hour waiting period for
accreditation after arrival remained in force. The Government order
that required local journalists to clear reporting on the insurgency
prior to publication, generally was obeyed out of fear of government
retribution.
Reporting that criticized the Government brought threats of
violence, closure, or directives from powerful government officials to
advertisers that they should discontinue business with that media
outlet.
Newspaper availability fluctuated during the year. Management of
the one printing facility capable of producing newspapers was subject
to pressure from the Government. To meet the costs of production, the
typical newspaper's eight pages included two or three pages of
advertisements or paid announcements. Some articles were the result of
gifts or money that supplemented reporters' meager salaries. The Press
Union of Liberia, an independent association of journalists, secured a
license to begin independent press operations, but internal problems
prevented the actual start of operations.
In general journalists were outspoken and even provocative. In
September the press printed stories alleging that the son of the
President, Charles Taylor Jr., was involved in the death of his driver
(see Section 1.a.). However, journalists also practiced self-
censorship, especially in regard to information about the President and
his immediate family members.
In March Jerome Dalieh and Bill Jarkloh, editor and news editor,
respectively, of The News newspaper were detained in connection with a
story that Police Director Mulbah deemed to be ``anti-reconciliation.''
The two were released the same day.
In May the ATU detained Emmanuel Mondaye, a reporter of The
Inquirer newspaper, for allegedly spying for a foreign embassy in the
Gbarnga area. Mondaye was released after 4 days.
On April 26, the Government harassed and shut down The Analyst
newspaper following its publication of a speech by human rights
attorney Tiawan Gongole (see Section 1.c.). On June 5, The Analyst
resumed publication. In June the editor-in-chief of The Analyst, Hassan
Bility, who the Government had harassed for years, was arrested and
accused of harboring LURD sympathies (see Section 1.d.). The Press
Union of Liberia issued several well-publicized calls that demanded
Bility be released or publicly charged and tried. Amnesty International
(AI) conducted a global letter writing campaign on his behalf during
the year.
On December 14, five armed ATU members severely beat Throble Suah,
a journalist for the independent newspaper, The Inquirer. After being
hospitalized for more 3 weeks, Suah was flown out of the country to
receive better medical attention.
Security personnel sometimes interpreted criticism as a license to
harass, threaten, arrest, and even assault targeted persons; the
Government often required arrested journalists to apologize in writing
prior to releasing them.
Due to the high price of newspapers, the high rate of illiteracy
(estimated at 75 percent), high transportation costs, and the poor
state of roads elsewhere in the country, newspaper distribution
generally was limited to the Monrovia area. As a result, radio was the
primary means of mass communication. There were several FM stations in
Monrovia: Two private commercial stations (DC-101); and Radio Veritas,
which operated under the Catholic Archdiocese. There also was the
state-run national station (ELBC), a FM station operated by President
Taylor's private Liberia Communications Network (LCN). ELBC, and Radio
Veritas also broadcast on short-wave frequencies strong enough to reach
all parts of the country. In 2001 President Taylor closed the short
wave frequency of Radio Veritas, citing ``illegal operation.'' In
February the Government restored the station's short-wave license, and
in April Radio Veritas resumed short-wave broadcasting. There was a
French broadcast through the national radio facility, a religious
station (with limited short-wave capacity), and a growing number of
small local stations in cities around the country. Media practitioners
believed that the ruling party funded many of these stations.
Call-in radio talk shows were popular and frequently a forum for
both government and opposition viewpoints. The number of objections and
threats from the Government, party leaders, and security agents aimed
at radio hosts and station managers regarding inappropriate commentary
diminished to some extent. Interviews with prominent persons were
broadcast frequently.
Due to the economic situation in the country and the dependence on
generators requiring expensive fuel, most stations limited broadcast
hours and in some cases ceased operation for short periods.
Television was limited to those who could purchase sets, the
generators, and fuel to provide electricity. For those persons and
businesses with satellite capability, the CNN was available. There were
two television stations: The LCN, owned by President Taylor, and the
Ducor Broadcasting Corporation, which was privately owned but assisted
by President Taylor's generator.
Several Internet cafes operated in Monrovia, although access was
limited by relatively high fees. The Government continued to charge
that opponents used the Internet to wage a propaganda war. However, the
Ministry of Information also maintained an unofficial website--
allaboutliberia.com--that promoted a progovernment view of the country.
Two Internet Service Providers (ISPs) operated in Monrovia and both
were linked to prominent persons. Some people believed that government
security personnel monitored the Internet, especially e-mail.
The Government did not restrict academic freedom. Unlike in the
previous year, there were no violent demonstrations that resulted in
suspensions and expulsions; however, UL did not open for the fall
session. Alphonse Nimene, president of the Student Union, 15 student
leaders, and numerous other students remained in self-imposed exile at
year's end.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of peaceful assembly; however, on April 26,
Minister of Justice Eddington Varmah announced that all ``public
gatherings'' were banned without prior approval of the Ministry.
Requests for exemptions were denied. President Taylor defended the ban
by arguing that dissidents might use mass rallies to incite
insurrection. The annual May parade by journalists to commemorate World
Press Freedom Day was not allowed; however, indoor sessions marking the
occasion did take place. On September 14, President Taylor lifted the
ban on political gatherings.
While announcing the state of emergency in February, President
Taylor warned that antigovernment views would not be tolerated during
the crisis.
On October 2, police forcibly dispersed high school students
demonstrating before the Ministry of Education in support of striking
teachers (see Section 6.b.). Dozens of students were flogged and beaten
in the confrontation and were taken to police headquarters; however,
they were released later that same day.
The Constitution provides for the right of association, and the
Government generally respected this right in practice. There were 18
political parties registered by year's end. On July 23, the Election
Commission certified the New Democratic Alternative for Liberia (New
Deal Movement) as a fully registered political party, which operated
freely during the year. Dozens of civil society organizations,
organized around themes such as human rights, women's issues,
development objectives, poverty alleviation, health concerns, and
worker's associations were active.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, there were some exceptions.
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 were not required to register, and generally did not
register. Registration was routine, and there have been no reports that
the registration process was burdensome or discriminatory in its
administration.
On December 28, security forces arrested David Kaizolu and
Christopher Toe, the Secretary General and Assistant Secretary-General
respectively, of the Inter-Religious Council of Liberia (IRC). The IRC
is a well-known organization that has tried to coordinate peace efforts
between the LURD and the Government. They faced treason charges as LURD
collaborators for possessing e-mails written by LURD leaders. After 2
weeks in prison, both were released.
The law prohibits religious discrimination; however, Islamic
leaders complained of discrimination against Muslims. Although there
were some Muslims in senior government positions, many Muslims believed
that they were bypassed for desirable jobs because of their religion.
Many Muslim business proprietors believed that the Government's
decision to enforce an old statute prohibiting business on Sunday
discriminated against them.
Lartin Konneh, a Muslim activist who fled the country in 2000,
remained outside the country at year's end.
Some tensions existed between the major religious communities. The
private sector in urban areas, particularly in the capital, gave
preference to Christianity in civic ceremonies and observances, and
discrimination against followers of other organized religions affected
areas of individual opportunity and employment. There was an interfaith
council that brought together leaders of the Christian and Islamic
faiths.
Tensions continued in Lofa County between the predominantly Muslim
Mandingo ethnic group and the Lorma ethnic group. There was no further
action regarding the investigation into the burning of five mosques in
Lofa County in 2000.
Little reliable information was readily available about traditions
associated with ritual killings. Ritual killings, in which body parts
used in traditional indigenous rituals were removed from the victim,
continued to occur. The number of such killings was difficult to
ascertain, since police often described deaths as accidents even when
body parts were removed. Deaths that appeared to be natural or
accidental sometimes were rumored to be the work of ritual killers. It
was believed that practitioners of traditional indigenous religions
among the Grebo and Krahn ethnic groups concentrated in the
southeastern counties most commonly engaged in ritual killings. The
victims were usually members of the religious group performing the
ritual. Body parts of a member whom the group believed to be powerful
were considered to be the most effective ritually. Body parts most
frequently removed include the heart, liver, and genitals. The rituals
involved have been reported in some cases to entail eating body parts,
and the underlying religious beliefs may be related to incidents during
the civil war in which faction leaders sometimes ate (and in which one
faction leader had himself filmed eating) body parts of former leaders
of rival factions. Removal of body parts for use in traditional rituals
is believed to be the motive for ritual killings, rather than an abuse
incidental to killings committed for other motives. Ritual murders for
the purpose of obtaining body parts traditionally were committed by
religious group members called ``heart men''; however, since the civil
war, common criminals inured to killing also may sell body parts. In
2001 the Government deployed units of the ATU to Maryland County to
help stem a wave of ritual killings, which reportedly reduced the
incidence of ritualistic killings in the region.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Security
forces maintained checkpoints where travelers routinely were subjected
to arbitrary searches and petty extortion. Security forces were also
accused of beating and robbing IDPs fleeing fighting in the northwest.
Security forces also extorted money from returning refugees. From July
to September units of the ATU, citing security concerns related to
foreign plotting and the National Reconciliation Conference, set up
roadblocks that rerouted traffic within the city and prevented visitors
to a foreign embassy in Monrovia.
Unlike in the previous year, the Government did not restrict the
issuance of passports or require an exit visa; however, in October
passport services were suspended due to fraud concerns and subsequent
investigations. Passport services remained partially suspended at
year's end.
In November relief agencies estimated there were nearly 130,000
IDPs in more than a dozen camps in 5 separate counties. The number of
IDPs increased by approximately 70,000 during the year due to conflicts
in Lofa, Bong, Bomi, Cape Mount, and Gbarpolu Counties. International
and local NGOs had limited funding and resources to assist these IDPs.
The U.N. High Commission for Refugees (UNHCR) reported from mid-year
estimates that there were approximately 107,000 Liberian refugees in
Guinea, 71,000 in Cote d'Ivoire, 38,000 in Sierra Leone, 11,000 in
Ghana, and 3,000 in other countries.
On December 14, security forces detained 12 ethnic Krahn refugees
on security grounds following their return from Cote d'Ivoire. On
December 27, all were released.
AI reported that government radio announcements of impending
attacks caused large-scale displacements; however, the places often
were not attacked following the announcement, and security forces
looted the abandoned homes (see Section 1.f.).
The law provides for the granting of asylum and 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 continued
to provide first asylum to nearly 20,000 refugees, the vast majority of
whom were from Sierra Leone. Approximately 55,000 refugees from Sierra
Leone repatriated during the year. The Government generally cooperated
with the UNHCR and other humanitarian organizations in assisting
refugees; however, AFL and ATU units and LURD rebels were responsible
for hundreds of cases of abuse against individual refugees (see
Sections 1.a., 1.b., and 1.c.). In June LURD rebels attacked the camp
at Sinje and abducted five Liberian nurses. In September the nurses
were released just across the Guinean border. The violence forced
11,000 to 12,000 Sierra Leoneans, 8,000 IDPs, and several thousand
Sinje residents to flee. Approximately 1,500 IDPs fled across the
border into Sierra Leone.
Government spokesmen said on several occasions that RUF leader Sam
Bockarie left the country in 2001. Spokesmen said the Government
complied with U.N. sanctions and had severed ties with the RUF;
however, it was believed widely that hundreds of RUF personnel remained
in the country and had become part of the security forces in the
conflicted northwest of the country.
There were allegations of sexual exploitation of refugee and IDP
children. The U.N. office in Monrovia said that the reports of sexual
exploitation largely were unsubstantiated; however, UNHCR and the
humanitarian NGO community made efforts to lessen the problem. One
UNHCR contracted worker was dismissed, and all other UNHCR employees
were exonerated.
The whereabouts of seven returning refugees arrested in 2000 by
security personnel remained unknown.
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 administratively free and transparent;
however, the elections were conducted in an atmosphere of intimidation,
because 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 NPP won control of the legislature by the same
75 percent majority that he 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.
On April 26, President Taylor suspended all political activity in
line with the February 8 declaration of a state of emergency (see
Section 2.b.). The suspension hindered party mobilization and awareness
in preparation for the October 2003 elections. The ban was lifted on
September 14.
The legislature did not exercise genuine independence from the
executive branch. There were 16 opposition parties, most of which had
little popular support outside of the capital, and opposition
legislators, who held only one-quarter of the seats in the House of
Representatives and in the Senate, generally were more passive than
members of the ruling NPP. Congressional committees failed to develop
expertise in their respective areas of responsibility. No major
legislation was enacted during the year. In late September, following
the death of the incumbent, the Senate elected NPP Senator Grace Minor
as President Pro-Tempore of that body. She was the first woman to hold
the position, which was fourth in succession to the presidency.
Constitutionally the Senate must approve presidential nominees;
however, the confirmation process lagged substantially behind the
appointments themselves and often appointees served months in their
positions prior to confirmation. Unlike in the previous year, the
executive branch did not confirm Ministers that the Senate had
rejected.
The State is highly centralized. The President appoints the
superintendents (governors) of the 15 counties. Municipalities and
chieftaincies were supposed to elect their own officials; however,
elections--postponed in 1998 due to lack of funds and disorganization--
were scheduled to be held in 2003. Local governments at all levels had
no independent revenue base and relied entirely on the central
government for funds. Education, health services, and public works were
provided by the central government. Local officials served mainly to
lobby the central government.
There were no restrictions on the participation of women in
politics, and several women held ranking positions in the Government.
There were 5 women in the 26-seat Senate and 5 women in the 64-member
House of Representatives. There were 3 women ministers in the 20-member
Cabinet, including the Minister for Gender and Development. A woman
served as Chief Justice of the Supreme Court, and another chaired the
National Reconciliation Commission. There were no woman's caucuses;
however, the ruling party has a woman's organization.
There were 2 Muslims in the 26-seat Senate, and there were 5
Muslims in the 64-seat House of Representatives. There was one Muslim
minister in the Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, members of
the security forces frequently harassed NGO members and democracy and
human rights activists.
Domestic human rights organizations were underfunded and
understaffed, and their personnel lacked adequate training. There are
three coalitions of human rights groups: The National Human Rights
Center of Liberia had nine member organizations; eight other groups
comprised the Network of Human Rights Chapters; and four belonged to
the Federation of Human Rights Organizations. All 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 (see Section
1.c.). Several domestic human rights organizations established branches
outside of the capital and perform similar monitoring functions there.
There was no pattern of government interference with these activities.
Members of the security forces frequently harassed members of NGOs
and democracy and human rights activists. For example, in February
Counselor Francis Johnson Morris, a former justice of the Supreme Court
and the head of the Catholic Church's Peace and Justice Commission
(JPC) was arrested and taken to Police Headquarters for objecting to
the imposition of the state of emergency. She was released the same
day.
In March five human rights activists--Tunny Zeogar, Peter
Nicholson, John Okai, Sam Nimely, and Aloysius Toe--were detained for
protesting the arrest of New Deal Movement leader Nigba Wiaplah. On
June 13, the charges against four were dropped and they were released.
Toe was held longer but too was released when charges against him were
dropped. However, following the October arrest of his wife (see Section
1.f.), Toe turned himself in to police and was rearrested and charged
with treason for having announced a week of solidarity for Hassan
Bility and other detainees. Toe was detained at Monrovia's Central
Prison and awaited trial at year's end.
In July two experts with the International Crisis Group were
detained briefly and harassed at the airport as they were preparing to
depart.
In October police arrested Blamoh Sieh, Director of the National
Human Rights Center, and three staff members from the Center for the
Protection of Human Rights. They were released after questioning.
Following the arrests, the National Human Rights Center closed and its
staff went into hiding for fear of being arrested by government
security forces.
There were no further developments, nor are any likely, in the
prosecution of eight former civil war combatants who were arrested
after the 2000 ransacking of the offices of the Center for Democratic
Empowerment (CEDE) and the beating of former interim president and
human rights defender Amos Sawyer and the organization's executive
director, Conmany Wesseh. Both Sawyer and Wessen now reside overseas.
The Government permitted international NGOs and human rights
organizations to operate in the country, and a few international
organizations did so during the year. Visiting observers and local
employees monitored the situation and reported their findings openly.
The Government strongly criticized AI's objections to the imposition of
the state of emergency in February. The Carter Center still had not
received a formal invitation to return to the country by year's end.
The National Human Rights Commission remained inactive during the
year. The Government did not fund it, and the Senate still did not act
on the appointments of three of its five commissioners.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on ethnic
background, race, sex, creed, place of origin, or political opinion;
however, discrimination existed. There were no laws against gender
discrimination, ethnic discrimination, or FGM. 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 was widespread; however, it
was not addressed seriously as a problem by the Government, the courts,
or the media. Several NGOs in Monrovia and Buchanan continued programs
to treat abused women and girls and increase awareness of their rights.
FGM traditionally was performed on young girls in 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. A local organization, Human Rights Watch Women and Children,
launched a campaign in 2001 to eradicate FGM, but no results were
reported. The Association of Female Lawyers in Liberia (AFELL) also
spoke out against FGM.
Social structures and traditional institutions, such as the secret
societies that often performed FGM as an initiation rite, were
undermined by the war. While many experts believed that the incidence
of FGM dropped to as low as 10 percent by the end of the war,
traditional societies were reestablishing themselves throughout the
country, and the practice of FGM continued. The most extreme form of
FGM, infibulation, was not practiced. The Government took no action
against FGM during the year.
The status of women varied 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 were prevented from carrying 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 laws were considered the
properties of their husbands and were not entitled to inherit from
their husbands or retain custody of their children if their husbands
die. The Government prohibits polygyny; however, traditional laws
permit men to have more than one wife. Women's organizations,
especially AFELL, continued to press for legislation on behalf of
inheritance rights in traditional marriages. 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.
The Liberian chapter of the Mano River Women's Peace Network visited
neighboring countries during the year to promote regional peace and
stability.
During the year, professional women's groups--including lawyers,
market women, and businesswomen--remained vocal about their concerns
regarding government corruption, the economy, security abuses, rape,
domestic violence, and children's rights. Government officials often
responded negatively to public criticism. Outspoken critics such as JPC
chief Morris were harassed (see Section 4). In 2001 the Government
created the Ministry for Gender and Development, whose mandate included
the promotion of the wellbeing of women and girls.
Children.--The Government generally was unable to provide for the
education and health of children; however, it intensified the
nationwide anti-polio vaccination campaign during the year. Due to the
poor condition of government schools, many children, who attended
school particularly in Monrovia, went to private institutions. Since
many private schools still needed to be refurbished due to wartime
damage, school fees remained relatively high, 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, paper, and even desks. In 2001 1.05 million out of an
estimated 1.7 million school-age children, less than half of whom were
girls, were enrolled in primary and secondary schools. Expenditures on
education were estimated at $2.4 million (167 million ld). In 1995 the
literacy rate was 53.9 percent for boys and 22.4 percent for girls.
Young persons were victimized during the civil war of the mid-
1990s. An estimated 50,000 children were killed; many more were
injured, orphaned, or abandoned. Approximately 100 underfunded
orphanages operated in and around Monrovia; however, many orphans lived
outside these institutions. The National Military Families Association
of Liberia (NAMFA) tried to provide for orphaned military children; it
registered hundreds of street children. These institutions did not
receive any government funding, but relied on private donations. Nearly
all youths witnessed terrible atrocities, and some committed atrocities
themselves. Approximately 21 percent (4,306) of the combatants who were
disarmed under the provisions of the Abuja Peace Accords were child
soldiers under the age of 17. Many youths remained traumatized, and
some still were addicted to drugs. The number of street children in
Monrovia and the number of abandoned infants increased significantly
following disarmament. Although pressured by the Government to cease
their programs, international NGOs and UNICEF continued retraining and
rehabilitation programs for a limited number of former child fighters.
These children were vulnerable to being recruited in subregional
conflicts, since most had no other means of support.
The various armed militias continued to recruit forcibly underage
soldiers. During the LURD offensive in May, government troops
forcefully conscripted several dozen young men from the streets of
Monrovia, took them to military camps where they were armed, and sent
them to the battle zone. Secondary school boys were targeted for such
operations in the Red Light and Duala neighborhoods of the capital.
Families in rural areas claimed that their missing sons also returned
after several months and reported that they had been seized and forced
to fight LURD rebels. There were credible reports that the LURD engaged
in similar forced recruitment tactics.
FGM was performed primarily on young girls (see Section 5, Women).
Persons with Disabilities.--As a result of the civil war, a large
number of persons had permanent disabilities, in addition to those
disabled by accident or illness. It is illegal to discriminate against
persons with disabilities; however, in practice they did not enjoy
equal access to public buildings or government services. No laws
mandate accessibility to public buildings or services. Persons with
disabilities faced discrimination, particularly in rural areas. Babies
with deformities often were abandoned. Some NGOs provided services to
persons with disabilities.
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 have lived most of their
lives in the country were denied full rights as a result of this racial
distinction.
The country was ethnically diverse. The population was made up of
16 indigenous ethnic groups. The indigenous ethnic groups generally
spoke distinct primary languages and were concentrated regionally. No
ethnic group constituted 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 Lorma, Gio, and Mano minorities
generally held all Mandingos responsible for atrocities committed by
the ULIMO-K 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. Mandingo citizens faced
growing discrimination, arbitrary arrests, and violence based on their
ethnicity (see Section 1.a.); many ethnic Mandingos sought refuge in
Guinea after the Government increased arrests following the detention
of journalist Hassan Bility (see Section 1.d.).
The LURD was a coalition of ethnic Mandingos and Krahns, although
many ethnic Lorma were members of the rebel group as well. The
continuing violence in Lofa County exacerbated ethnic tensions between
the Mandingos and the Lormas (see Section 1.a.).
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides workers,
except members of the military and police, the right to associate in
trade unions, and workers were allowed to join unions in practice. The
Constitution also provides that unions are prohibited from engaging in
partisan political activity. However, 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. There were approximately 30 functioning unions organized
loosely under two umbrella groups, the Liberian Federation of Labor
Unions (LFLU) and the Congress of Liberian Trade Unions (CLTU), 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 largely was
illiterate, economic activities beyond the subsistence level were very
limited, and the labor laws tended to favor management.
During the year, the Government strictly enforced the union
registration requirements that fell into disuse during the war.
Applicants needed to register at two different ministries, and
processing time was arbitrary, taking only a few days for some and
never being issued for others.
Labor unions traditionally have been affiliated with international
labor groups such as the International Confederation of Free Trade
Unions.
b. The Right to Organize and Bargain Collectively.--With the
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;
however, these rights largely were unused during the year because of
the lack of economic activity.
Labor laws provide for the right to strike. The laws were nullified
by a People's Redemption Council decree in 1984 that outlawed strikes,
but that decree has not been enforced for years. Due to the destruction
of the economy and the estimated 85 percent unemployment rate, strikes
were infrequent; however, in September teachers in the greater Monrovia
school system struck and refused to begin the fall term without some
salary payment, which was 9 months in arrears. In October the Minister
of Education announced that 1 month's salary and a bag of rice would be
paid to teachers so that classes could begin. The teachers accepted the
offer and returned to work after receiving the promise that all back
wages would be paid in January 2003.
On June 10, workers at the Oriental Timber Company (OTC) held the
company's legal and labor consultants hostage at a logging camp in
River Cess County. The workers complained that they had been fired
after they had refused to eat stale lunch food served by the company.
The OTC resolved the crisis when it reinstated the workers.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, this
prohibition was ignored widely in many parts of the country. In some
rural areas, farmers were pressured into providing free labor on
``community projects'' that often benefited only local leaders. There
were allegations that large logging companies in the southeast forcibly
recruited workers. There also were reports that local officials forced
convicts to work for them. There were reports during the year that
local government officials forced persons to work without compensation
on President Taylor's farm. During the year, AFL soldiers forced the
manager of an agricultural project to do menial labor for 3 weeks (see
Section 1.c.).
There were reports that commanders of security forces forced
persons to dig for diamonds and gold in the west and southeast part of
the country.
Some former combatants, including some in the security forces, were
accused of forcing children to work in the mining industry. Human
rights groups reported instances of forced child labor in some rural
areas, particularly in artesanal diamond mining. A child rights
advocacy group's report on child labor in the southeastern counties and
that of another prominent human rights group contradicted a government
report, which concluded that there was no 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.
There also were reports that LURD rebels forced civilians into
service as porters for LURD ammunition and supplies in Lofa and
Gbarpolu Counties.
LURD rebels also forcibly conscripted children to fight as child
soldiers (see Section 5).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under the age
of 16 during school hours in the wage sector, but enforcement was lax.
The Ministry of Labor frequently lacked the resources to carry out its
mandate. In May it dispatched a team to investigate reported abuses at
the OTC in Buchanan; however, the team did not report its findings
during the year. Throughout rural areas, 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.
On June 4, President Taylor ratified ILO Convention 182 on the
Worst Forms of Child Labor.
There were reports that forced and bonded labor by children
occurred (see Section 6.c.).
e. Acceptable Conditions of Work.--The 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 Ministry of Labor
claimed it lacked the resources to monitor compliance with labor laws.
The 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 be paid $1.00 (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 highly competitive 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 engaged in subsistence farming, small-scale
marketing, petty extortion, and begging. By October the Government owed
civil servants 10 months of salary arrears. Except for payment of 1
month's salary, no other provisions were undertaken to pay the arrears
during the year.
The 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.
There were government-established health and safety standards,
enforced theoretically by the Ministry of Labor. Even under the law,
workers did not have a specific right to remove themselves from
dangerous situations without risking loss of employment.
The law protects legal, but not illegal, foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports that persons were trafficked within
the country. There were reports of forced labor, including by children,
and the recruitment of child soldiers (see Sections 5 and 6.c.).
----------
MADAGASCAR
Madagascar is a multiparty democracy in which the President and a
bicameral legislature shared power. The country's Constitution was
amended in 1996 and 1998. These amendments significantly strengthened
the executive, weakened the National Assembly, and gave the President
the right to name one-third of the senators. Although 160 political
parties were active throughout the country, the ruling President and
his party dominated political life, as did former president Didier
Ratsiraka and his AREMA party in the previous quarter century. The new
President, Marc Ravalomanana, relied on a coalition of political
parties, Coalition of Marc Ravalomanana Supporters (KMMR), and his own
organization Tiako-i-Madagsikara (TIM), ``I love Madagascar'' (which
became a political party in July), to spearhead his challenge to former
President Ratsiraka. Presidential elections were held in December 2001,
and the results were disputed. Between January and June, both
Ravalomanana in Antananarivo and Ratsiraka in the port city of
Toamasina claimed to be the legitimate head of state. There was
widespread, politically motivated conflict that led to approximately
100 deaths. In May Ravalomanana was declared President, and by June the
Ravalomanana government gained control of the country. The December 15
legislative elections, which international observers judged as
generally free and fair, resulted in a substantial majority (124 of 156
deputies) for the TIM (102) and the pro-Ravalomanana National Alliance
(22) in the new National Assembly. At year's end, four district
elections were expected to be run again following the voiding of
results by the High Constitutional Court. The judiciary was subject to
executive influence and at times susceptible to corruption.
The Minister for Public Security (formerly a State Secretary at the
Ministry of the Interior) headed the national police and was
responsible for law and order in urban areas. The Gendarmerie
Nationale, part of the Ministry of National Defense, insured security
in all other areas of the island. Regular army units and reservists at
times assumed law enforcement roles in matters that make large-scale
logistical demands, such as cattle theft. Gendarmerie, regular army,
and reservist units committed serious human rights abuses.
The country was very poor with a population of 16 million. Although
the Government made the consolidation of a market-based economy a
priority, the economy remained mixed. Agriculture was the largest
sector of the economy, and shrimp and vanilla were the leading exports.
More than 70 percent of the population fall below the Government's own
poverty level of approximately 45 cents a day in income. In the first
half of the year, trade declined by 50 percent and textile exports
dropped 90 percent. Inflation was approximately 6 percent in 2001,
peaked at a 60 percent annual rate during the political crisis, and
fell to 12 percent by the end of the year.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Between January
and June, the human rights situation worsened as both Ravalomanana and
Ratsiraka fought for control of the Government, and both sides
committed serious human rights abuses. After Ravalomanana achieved
control of the country, the human rights situation improved; however,
problems remained in some areas. Conflict between supporters of both
sides was widespread and led to approximately 100 deaths. There were
reports of brutality and abuse by security forces, particularly by
armed irregulars (reservists) that the Government had recruited at the
height of the conflict. Groups affiliated with both sides of the crisis
abducted persons. Police or other security forces physically abused
prisoners or detainees. Prison conditions were harsh and life
threatening. In some prisons, women experienced physical abuse,
including rape. The Government allowed the International Committee of
the Red Cross (ICRC) to establish a permanent office in the country and
to conduct inspections of detention facilities throughout the island.
Arbitrary arrests and detentions of some supporters of the previous
government occurred and some high-profile arrests were made months
after the resolution of the political crisis. Suspects often were held
for periods that exceeded the maximum sentence for the alleged offenses
and lengthy pretrial detention remained a serious problem. Dina (local
traditional) authorities imposed summary justice in rural areas where
the Government's presence was weak. The Government limited freedom of
speech and of the press. Journalists practiced self-censorship. The
Government at times partially limited freedom of assembly. During the
political crisis, both sides restricted freedom of movement. Women
continued to face some societal discrimination. Child labor remained a
problem. Workers' rights were limited in the export processing zones
(EPZs). There were reports of trafficking in women and girls.
Madagascar was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--During the political
crisis of the first half of the year, supporters of both Ravalomanana
and Ratsiraka committed an estimated 100 politically motivated
killings. For example, on February 2, an armed group led by Lt. Col.
Assolant Coutiti killed the Director of the BTM-BAO bank, who was a
Ravalomanana supporter, in Nosy Be. Coutiti, the security coordinator
for the Governor of Antsiranana Province, Jean Robert Gara, and
Antsiranana Deputy Soaline were believed to have been responsible for
numerous other politically motivated killings in Antsiranana Province.
In September government authorities arrested Coutiti; his trial was
pending at year's end.
On March 19, a group of 10 men who allegedly were members of the
Gendarmerie associated with Ratsiraka killed the Regional Director of
the Office of Copyrights, who was a well-known KMMR member in his home
in Fianaranstoa Province. There was no investigation or action taken by
year's end.
On April 9, security officers assigned to Prime Minister Jacques
Sylla arrested Roland Ravalomasoa, a Ratsiraka supporter, in
Antananarivo. He died the same day of injuries sustained during
interrogations. There was no investigation or action taken by year's
end.
During the year, security forces used lethal force to disperse
demonstrations (see Section 2.b.).
On February 27, a number of Ravalomanana supporters attacked a
group of Ratsiraka supporters outside the Palais de la Justice in
Antananarivo. In the ensuing fight, one of the Ratsiraka supporters was
killed. There was no investigation or action taken by year's end.
In April a Canadian missionary watching a demonstration in
Fianarantsoa from his window was killed by gunfire. Circumstantial
evidence suggested that pro-Ratsiraka militias targeted the man
specifically. There reportedly was an investigation; however, there was
no findings released by year's end.
After the crisis ended, there were no reports of unlawful killings;
however, at least one prisoner detained on charges related to the
political crisis died while in custody due to his poor health and the
harsh prison conditions. The Government had not investigated or
explained this incident by year's end (see Section 1.c.).
During the year, there were several high-profile killings of
``Karana'' (persons of Indo-Pakistani origin living in the country);
however, these killings appeared to have criminal rather than political
motives (see Section 5). In September the authorities arrested three
individuals in connection with one of these killings; however, there
was no further action taken by year's end.
b. Disappearance.--There were widespread, credible reports of
abductions of persons for political reasons by groups affiliated with
both sides during the political crisis; in some cases persons allegedly
were tortured. These abductions generally were temporary in nature, the
victims were released, and the perpetrators were identified. Supporters
of the Ratsiraka government abducted numerous persons for political
reasons, particularly in Antsiranana and Toamasina provinces, including
several officials of the Church of Jesus Christ in Madagascar (FJKM),
the Presbyterian Church of which President Ravalomanana is a Vice
President and other known supporters of Ravalomanana (see Section
2.c.). Those abducted often were transferred to detention centers in
other regions, sometimes using aircraft that belonged to a company
owned by President Ratsiraka's son. Evidence provided by the
nongovernmental organization (NGO) SOS to Victims of Illegality
(SOSVND) indicated that the Pardes military camp in the middle of
Antsiranana was the destination for the abductees.
On April 17, in the northern part of the island, Ratsiraka militias
acting at the command of the local AREMA party Deputy Madame Soaline
abducted an FJKM pastor named Ndriamisaina at his home. At the time of
his arrest he was allegedly beaten with rifle butts. After spending 3
days in the Ambolimadinika military camp in the Sambava region of the
country, he was transferred by aircraft to the Pardes detention camp in
Antsiranana (see Section 2.c.).
In Fianarantsoa, Ravalomanana supporters abducted the state's
prosecutor to the Court of Appeals after vandalizing his home and
automobile. The Government made no effort to investigate or punish
those responsible for the abductions of Ratsiraka supporters by year's
end.
There were several kidnapings of members of the Karana community.
Despite reports of ethnic friction between Karana and Malagasy
citizens, these crimes were not considered to be ethnically motivated
but to be caused, in part, by intra-Karana rivalry (see Section 1.a.).
In September authorities arrested and charged 17 persons in connection
with these crimes.
There were no arrests or other action taken in the following 2001
cases: The kidnaping of a girl in Antananarivo; the February kidnaping
of a manager of a large automotive company in Antananarivo; and the
August attempted kidnaping and killing of the victim in the Ivandry
section of Antananarivo.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution provides for the inviolability of the
person; however, there were numerous, credible reports that both sides
in the political crisis engaged in torture. The most common form of
torture was the severe beating of detainees, usually with rifle butts.
Prisoners also were burned with lighted cigarettes. The Ravalomanana
government used reservists who operated outside the normal armed forces
chain of command and did not respect due process safeguards. Certain
NGOs, such as the Association of Families of Persons Detained in the
Context of the Political Crisis (OFPACPA), alleged that reservists
engaged in numerous acts of violence, theft, and vandalism. For
example, in June during their occupation of the city of Mahajanga on
the country's west coast, pro-Ravalomanana reservists arrested Doctor
Noel Randrianaivojaona, a prominent Ratsiraka supporter. He was
publicly forced to walk on his knees over pavement for long distances.
He then was incarcerated for several months before being tried on
charges of ``threatening the internal security of the state.'' He was
acquitted in November.
In March in Diego Suarez, 16 resident members of KMMR were
arbitrarily arrested, beaten, and tortured by pro-Ratsiraka militias
and security forces. On April 20, pro-Ratsiraka forces arrested at
least 10 persons and reportedly tortured some in Sambava. The detainees
later were transferred to a military camp in the city of Antsiranama.
The political crisis exacerbated already harsh and life-threatening
prison conditions. Prisoners' diets were considered inadequate, and
families had to supplement daily rations. Prisoners without relatives
went for days without food. Prison cells averaged less than one square
yard of space per inmate. Adequate medical care also was a serious
concern. These conditions caused a high incidence of malnutrition,
malaria, tuberculosis, pneumonia, and a host of infections that
resulted in an unknown number of deaths during the year. According to a
Catholic Relief Services' (CRS) report, many prison health problems
could be alleviated with adequate food. The Government maintained that
harsh prison conditions reflected the country's low level of economic
development, inadequate infrastructure, and a lack of resources. The
Government was candid about the condition of prisons and generally open
to requests for independent monitoring.
In the case of former Gendarmerie General Bory, the Ravalomanana
government temporarily denied family visitation and necessary medical
care.
Prisoners can be used as forced labor, and there were reports that
this occurred during the year. The Government was aware of the problem
and said it would address it.
Pretrial detainees were not always kept separate from the general
prison population. Women in prisons were abused, as were children who
sometimes were confined with them. Women were not always held
separately from men, and there were reports of rapes committed by other
prisoners. Due to severe overcrowding, juveniles were not always held
separately from the adult prison population. The 2002 CRS report
indicated that prison facilities for minors adequately accommodated
those detained.
In August Amnesty International (AI) visited the country for a
``fact-finding and familiarization tour.'' AI attributed human rights
abuses to both sides during and after the political crisis. AI alleged
that in the post-political crisis environment in the country that
nearly all of the proceedings for crimes stemming from the political
crisis implicated officials or supporters of the former regime and that
among those arrested and facing charges were persons arrested
``arbitrarily, solely for having expressed, in a nonviolent manner,
opinions critical of the current government.'' Amnesty also spoke of
quasi-systematic arrests of persons associated with the previous
regime. Amnesty concluded the Ravalomanana government record on human
rights was deficient. Among AI's recommendations were that all crimes
committed during the political crisis be impartially and independently
investigated and that those who committed them brought to justice.
There also were numerous recommendations touching on procedural issues
such as the rights of the accused to be informed of the charges, to the
assistance of counsel, and to the setting of reasonable bail. AI also
called for reforms and upgrades of the penitentiary system.
Also in August, the Ravalomanana government signed an agreement
with the International Committee of the Red Cross (ICRC) that provided
the ICRC with permanent offices and access to detention centers
throughout the country. It also permitted the ICRC to interview
detainees without a third party. The ICRC presented its findings
directly to the Government. The ICRC representatives indicated that the
Government was meeting its obligations under the agreement (see Section
4). In October the CRS presented to Justice Minister Alice Rajonah its
Analysis of the Penitentiary System in Madagascar. CRS representatives
noted that the Government expressed a desire to improve the conditions
in its 97 prisons countrywide.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides for due process for persons accused of crimes and prohibits
arbitrary arrest and detention; however, the Government frequently
ignored these provisions in practice. The law mandates that a criminal
suspect must be charged or released within 48 hours of arrest.
Ravalomanana government authorities admitted to detaining persons in
connection with the political crisis for whatever length of time
necessary for state prosecutors to develop a strong case. The
Ravalomanana government used reservists who operated outside the normal
armed forces chain of command to make many of the arrests. These forces
did not respect due process safeguards and were alleged by certain NGOs
to have committed numerous abuses (see Section 1.c.).
Arrest warrants may be obtained but are not mandated strictly by
law. Often a person was detained and jailed on no more than an
accusation by another person. The law provides defendants in criminal
cases the right to be informed of the charges against them and the
right to a counsel when the charges formally are brought. The State
provided counsel only in cases in which indigent defendants faced
charges with sentences, if convicted, of greater than 5 years.
Detainees, particularly those held in connection with the political
crisis, were not always allowed family visitation or access to counsel
(see Section 1.c.). A system of bail existed; however, in practice it
was not extended to defendants accused of crimes related to the
political crisis. Rather than grant bail, magistrates sometimes
resorted to an instrument known as a retaining writ (mandat de depot)
by which defendants were held in detention for the entire pretrial
period or for periods longer than the maximum sentence on the charges
faced.
Poor record keeping, lack of resources, and the difficulty of
access to more remote parts of the island made it difficult to monitor
pretrial detainees. According to CRS, 67 percent of the approximately
18,370 persons held in custody nationwide were in pretrial detention;
however, only a small percentage of these were incarcerated on
political crisis-related charges. Despite legal protections,
investigative detentions often exceed 1 year. Many detainees spend a
longer period in investigative detention than they would have spent
incarcerated following a maximum sentence on the charges faced. An
August amnesty declared by the Ravalomanana government was a
traditional, proforma gesture affecting 400 prisoners that did little
to alleviate the problem of overcrowding and harsh conditions in
prisons.
On June 24, pro-Ratsiraka militia in Antsiranana detained a group
of 73 persons, many of highland origin, and chained them to the gate
surrounding the governor's mansion apparently as a warning sign to
approaching Ravalomanana forces that these hostages would be used as
human shields in the event of an attack. No attack came, and the
hostages were unshackled within a few hours, but some remained in
detention until June 29.
The Ravalomanana government used house arrest only in the case of
former Prime Minister Tantely Andrianarivo. The former Prime Minister
spent more than 5 months under house arrest and in October was
relocated to Antanimora prison. He was charged with embezzling public
funds, harboring known criminals, compromising national security, and
abusing the public trust. The proceedings were mired in disputes over
jurisdictional issues. The former Prime Minister's lawyers claimed that
his appointment was never officially abrogated, and that he remained
Prime Minister and must be tried in a special venue (la Haute Cour de
Justice--the High Court of Justice) reserved for ministers, rather than
in the court of general jurisdiction. By year's end no trial date had
been set.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
autonomous judiciary; however, at all levels, the judiciary was
susceptible to the influence of the executive and at times susceptible
to corruption.
The judiciary had four levels. Courts of First Instance hear civil
cases and criminal cases carrying limited fines and sentences. The
Court of Appeals included a criminal court of first instance for more
serious cases--those carrying sentences greater than 5 years. The
Supreme Court of Appeals heard cases on appeal from the Court of
Appeals. The High Constitutional Court (HCC) reviewed the
constitutionality of laws, decrees, and ordinances and certified
election results. The judiciary also included specialized courts
designed to handle specific matters such as cattle theft.
The judiciary was under the control of the Ministry of Justice and,
as with many other branches of government, reports of corruption
persisted. In its public statements, the Ravalomanana government made
the fight against corruption a top priority; however, there were no
specific actions taken by year's end. The Constitution provides
defendants with the right to a full defense at every stage of the
proceedings, and trials were public. Defendants had a right to be
present at their trial, to confront witnesses, and to present evidence.
The law provides for a presumption of innocence; however, as CRS noted,
``there was a large gap between the laws that served to protect the
rights of the accused and the implementation of these laws in fact. The
human rights of a person accused of a crime were often transgressed.''
State prosecutors sought relatively lenient sentences for those
convicted of crimes committed during the political crisis; however,
some sentences provoked criticism from members of the public who were
seeking greater retribution.
The Mayor of Toamasina, Roland Ratsiraka, nephew of former
President Ratsiraka, was arrested on seven charges that included:
inciting ethnic violence; violation of the Constitution by not
accepting Ravalomanana as President of the Republic; firing of three
municipal police officers; aiding and abetting militias; ordering the
blockade of Toamasina Airport thereby preventing Prime Minister Sylla's
visit; neglecting municipal finances; and absconding with $5 million
(approximately 34 billion FMG). The local press widely criticized this
action as arbitrary, particularly given Ratsiraka's known opposition to
his uncle, his failure to sign the act of secession of Taomasina
Province, and his advocacy during the political crisis of dismantling
blockades erected throughout the country (see Section 2.d.). In
Toamasina Province, his arrest provoked widespread anger, the
circulation of petitions, and calls for a general strike. He was
released 4 days after his arrest pending a hearing on the charges;
however, there were no further developments by year's end.
The right of traditional village institutions to protect property
and public order was codified in the Constitution as well as in earlier
laws. Local traditional laws called Dina sometimes were used to resolve
civil disputes between villages, and on occasion were used in urban
areas. Because of the rise in crime, the uneven effectiveness of the
judiciary, and the corruption of law enforcement, Dina jurisdiction
sometimes was extended to criminal cases. Dina-based punishment could
be severe and in the past had included death sentences; however, there
were no reports of executions during the year. The less formal Dina
process did not ensure internationally recognized standards of due
process. Decisions based on Dina were not subject to codified
safeguards for the accused; however, in some instances they could be
challenged at the Appeals Court level. Cases also could be referred to
the Office of the Mediator, which investigated and sought redress
through formal judicial authorities.
Military courts were for the trial of military personnel only, were
integrated into the civil judicial system, and differed only in the
inclusion of military officers on jury panels. Defendants in military
cases, as in civil cases, had access to an appeals process that
reexamined points of law rather than questions of fact. A civilian
magistrate, usually joined on the bench by a panel of military
officers, presided over military trials.
The status of prisoners detained for their role in the political
crisis was a major concern in the post-crisis period. The Ravalomanana
government pursued those associated with the former government and in
particular those who were known to be behind the blockades placed on
the roads linking the rest of the country with Antananarivo (see
Section 2.d.). Those incarcerated, particularly those who served in the
Gendarmerie or the Armed Forces at the time, continued to request,
through their families, classification as political prisoners. Most
were charged with treason; however, the detainees claimed they could
not have committed treason because executive and governmental
legitimacy were in question during the period, and they maintained
their imprisonment was politically motivated. The NGO OFPACPA claimed
the reprisals disproportionately targeted citizens of non-Merina
ethnicity and thus added an ethnic factor to the political (see Section
5). Initially the Ravalomanana government did not allow access either
by counsel or by families to these prisoners; however, prisoners were
allowed visitors and counsel by year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the inviolability of the
individual, his abode, and for the confidentiality of his
correspondence; however, these provisions were not always respected.
For example, on April 8, Ravalomanana supporters sympathizers looted
and burned the homes of Jean Emile Tsaranazy and Gerard
Andriamileravoson, respectively, Minister of the Ratsiraka government
and Director General (Chief of Staff) in the office of the Presidency.
Militia members also arrested Dr. Roger Randriamihaja, another
Ravalomanana supporter, as he emerged from the forest where he sought
refuge after abandoning his home for fear of bands of pro-Ratsiraka
militias. In these, as in approximately 50 similar cases catalogued by
NGOs and foreign missionaries, forces on both sides disregarded
constitutional provisions protecting the inviolability of the home and
the person.
There were widespread reports that the Ravalomanana government
initiated a write-in informer system in Toamasina Province.
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, both the Ratsiraka and
Ravalomanana governments limited those rights. During the early stages
of the political crisis, the Ratsiraka government pressured private and
state-owned media to curb or alter coverage of certain political
developments. Journalists practiced self-censorship. At times the
Government pressured the media to curb its coverage of certain events
and topics, and there were reports that government personnel
intimidated journalists.
There were four privately owned national daily newspapers and many
other privately owned national and local news publications that
published less frequently; however, in a country with a literacy rate
of approximately 54 percent, the influence of print media was minimal.
After the post-crisis period, freedom of expression and critical
political expression were permitted. In October the leadership of
former president Ratsiraka's AREMA party took out a full-page
advertisement in one of the country's main daily newspapers that was
critical of President Ravalomanana's decision to dissolve the National
Assembly. In August critical opinions of President Ravalomanana's
decision to acquire an aircraft for presidential use was disseminated
widely in the media, which prompted the Government to provide an
official explanation on the decision through the Vice Prime Minister.
During the political crisis, there were widespread, credible
reports of intimidation of journalists and employees of media outlets,
especially by pro-Ratsiraka militias. For example, in May pro-Ratsiraka
militia in Sambava arrested and transferred to the Pardes camp in
Antsiranana, Tantelimalala Randriamanantsoa and Vola Julson Rafaralahy,
both employees of a radio station called Tiako-I-Andapa (see Section
1.b.). According to SOSVN, each suffered physical abuse. They were
charged with ``broadcasting false news reports.'' After detaining the
pair for 1 month, the Ratsiraka authorities dropped the charges.
The Government owned the only nationwide television and radio
networks. There were more than 175 privately owned radio and television
stations at the end of 2001; however, federal regulations restricted
them from providing nationwide coverage.
In February the former Minister of Information cut off all
transmissions from the state-owned Television Malagasy (TVM) and the
state-owned national radio (RNM) after some of their commentators
broadcast news of President Ravalomanana's first inauguration. The
state-owned media stayed off the air for several weeks and then
reopened. Some provincial affiliates preferred not to broadcast for
fear of local reprisals.
During the crisis period, a number of private radio stations were
ransacked, burned, or forced off the air. The Ravalomanana-owned
Madagascar Broadcasting System (MBS) and its regional affiliates were
the targets of attacks in Antsiranana Province and elsewhere. In
Antananarivo fires set by a mob forced the pro-Ratsiraka Tsiokavo radio
station off the air. It was not clear if the mob was composed of
Ravalomanana supporters or Ratsiraka supporters.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government at times
limited the right in practice. The Government routinely issued permits
for public meetings and demonstrations.
On January 25, a HCC decision calling for a second round of voting
led Ravalomanana supporters to call a general strike. Beginning January
28, large crowds (up to several hundred thousand) of peaceful
demonstrators gathered daily in Antananarivo for several months. The
municipal government that was headed by Marc Ravalomanana permitted
these demonstrations.
Despite being largely peaceful, some persons were killed when
police used forces to disperse demonstrations. For example, on January
7, police in Antananarivo killed a young child with a tear gas canister
they fired to disperse a peaceful pro-Ravalomanana demonstration.
In late February, President Ratsiraka declared a state of national
emergency and martial law, which forbade most public gatherings and
permitted government monitoring of suspicious individuals and groups;
however, the monitoring was not effective in practice.
On March 15, 2 persons were killed and more than 40 injured when a
group of Ravalomanana supporters, who accompanied Prime Minister-
designate Jacques Sylla's attempt to take over the prime minister's
offices in Antananarivo, clashed with elements of the military loyal to
President Ratsiraka. There was no investigation or action taken by
year's end.
The Constitution provides for the right of association and permits
citizens to organize political parties and associations; however, the
Constitution also explicitly forbids associations that ``call into
question the unity of the Nation, and those that advocate
totalitarianism or ethnic, tribal, or religious segregation.'' There
were 160 political parties throughout the island.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and both governments of the crisis period and the
Ravalomanana government generally respected this right in practice.
Religious groups must register and obtain authorization from the
Ministry of Interior; however, there were no reports that any group was
denied registration during the year.
President Ravalomanana is a Vice President of the FJKM. The church,
along with its Catholic, Anglican, and Lutheran counterparts
(collectively known as FFKM) actively supported his candidacy for
President and his policies during the political crisis. Members and
facilities of the FJKM were frequent targets of pro-Ratsiraka forces
(see Section 1.b.).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, during the political crisis both governments
restricted these rights. The fear of crime effectively restricted
travel in some areas, especially at night.
During the period of political crisis, militias and provincial
governors loyal to President Ratsiraka restricted freedom of movement.
In response to rising insecurity during the political crisis,
roadblocks were erected and curfews were imposed in the capital. In
Antananarivo security forces and citizen supporters of Ravalomanana
established nighttime roadblocks to control movement. Curfews and
restrictions of movement tied to the state of martial law declared by
Ratsiraka never were enforced.
In February student activists, militia, and security forces loyal
to President Ratsiraka erected a barricade at Brickaville, a key
junction leading to Toamasina, the country's principal port, and
effectively blocked the flow of goods and people to and from
Antananarivo until early August. Other national arteries similarly were
blocked with varying degrees of success. There were reports of
restrictions on the inter-provincial travel of vehicles and individuals
from certain provinces and ethnic groups.
The country was a signatory to the 1951 U.N. Convention Relating to
the Status of Refugees, although the Government has not signed the 1967
Protocol to the Convention. The law does not provide for the granting
of asylum or refugee status; however, the Government cooperated closely
with the U.N. High Commissioner for Refugees (UNHCR) in processing the
small number of refugees or asylum seekers in the country. The issue of
provision of first asylum never has arisen. There were no reports of
the forced return of persons to a country where they fear persecution.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens the right to change their
government peacefully; however, some degree of turmoil accompanied the
three changes of government that occurred over the last 12 years.
The country nominally was a multiparty democracy in which power was
divided between the executive, a bicameral assembly, an independent
judiciary, and six autonomous provinces. Political and business leaders
disproportionately influenced the administration of the country.
Political parties coalesced around the single most powerful person,
usually the President. ``Pensee Unique,'' a national belief in which
dissent was viewed as an attack on societal harmony, made a loyal
opposition difficult in practice. Representatives of the President's
political party usually controlled the National Assembly; however, that
was not the case from May to October, and on October 16, the President
decided to dissolve the National Assembly. The December 15 legislative
elections resulted in a substantial majority (124 of 156) deputies
declared elected for the President's TIM party and the pro-Ravalomanana
National Alliance. International observer teams from the European Union
and La Francophonie found the election process to be transparent and
the results credible, despite some organizational and local problems.
Elections are scheduled to be held in early 2003 in the four districts
in which the HCC voided the December 15 results.
The Constitution stipulates that in a presidential election only a
candidate who carries more than 50 percent of the popular vote in the
first round may be declared the winner. If no candidate receive a
majority, a second round is held between the two leading vote gainers.
The candidate receiving the majority of second round votes is declared
the winner.
Presidential elections were held in December 2001 amid widespread
allegations that voter list tampering prevented a significant number of
eligible voters from exercising their right to vote. Prior to the
elections former President Ratsiraka reorganized the HCC and packed it
with known supporters in a bid to control the outcome of the election.
According to the unofficial tally of the Ministry of the Interior,
President Ratsiraka received 40.69 percent of the vote, while his main
challenger, Mayor of Antananarivo Marc Ravalomanana received 46.49
percent. Rather than await a second round, the Ravalomanana camp
demanded a recount and, with the support of civil society groups,
performed a recount the results of which gave Ravalomanana slightly
more than the 50 percent required. Amid increasing tensions,
particularly in the capital, the HCC made an official recount, and in
January the HCC confirmed the unofficial first round results with very
slight variation.
Alleging fraud, Ravalomanana immediately disavowed the HCC's
official count and called for a general strike. During the following
month, the situation deteriorated amid growing demonstrations in the
capital and ineffective mediation efforts between the principals. On
February 22, Ravalomanana declared himself President and appointed
Jacques Sylla as his Prime Minister. Within a week, Sylla announced the
composition of his cabinet. In response President Ratsiraka declared
martial law in Antananarivo and appointed a military governor for the
province. On March 4, the five governors of the country's other
provinces announced that the national capital had been transferred to
Toamasina. On March 14, the symbolic occupation of the Prime Minister's
offices by Jacques Sylla led to an armed clash that left two dead and
many injured. Later in March, pro-Ratsiraka forces began a systematic
campaign targeting the infrastructure of Antananarivo by destroying a
bridge at Fatihita. Roadblocks were erected along all the arteries
supplying the city, severely reducing the flow of goods and persons
both in and out of the capital with severe economic and serious
humanitarian consequences for the entire country (see Section 2.d.).
On April 16, the Administrative Chamber of the Supreme Court
declared the reorganized HCC was established illegally by President
Ratsiraka and ordered its pre-November 2001 members reinstated. This
reconstituted HCC was charged with review of the returns from the
December 2001 elections.
On April 18, Ravalomanana and Ratsiraka met in Dakar, Senegal,
under the auspices of the African Union (AU) and signed the first of
two agreements (Dakar I) designed to end the deepening political
crisis. The agreement reflected the Administrative Chamber's ruling and
called for a recount of first-round ballots. It also outlined, in some
detail, a framework to be implemented should, in that recount, neither
of the two candidates received the required 50 percent of the popular
vote. On April 29, 11 days after Dakar I was signed, the HCC announced
the results of it recount, awarding Marc Ravalomanana 51.46 percent of
ballots cast and declared him the first-round winner of the
presidential election.
In response to that ruling, President Ratsiraka, with the support
of five provincial governors, tightened the blockade of Antananarivo
and increased attacks on the bridges leading to the capital and the
nation's electrical infrastructure. On May 6, President Ravalomanana
was sworn in a second time as President in Mahamasina Stadium in
Antananarivo. In June the armed forces and the Gendarmerie Nationale
pledged their support to the Ravalomanana government. After a second,
failed AU-brokered attempt to resolve the crisis (Dakar II), the
Ravalomanana government decided to use force to dismantle the blockades
and seize control of the whole country. Within 2 weeks the major
coastal cities of Tulear, Mahajanga, and Antsiranana were retaken with
only token resistance from President Ratsiraka's forces. On July 8,
government forces entered the Ratsiraka stronghold of Toamasina 1 day
after President Ratsiraka left the country for France.
There were 11 women in the 150-member National Assembly dissolved
in October and 9 women in the 90-member Senate at year's end. There
were 8 women in the 160-member National Assembly elected in December.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of local and international human rights groups, including
SOSVN, OFPACPA, the ICRC, and CRS operated without government
restrictions, and freely investigated, published, and otherwise
disseminated their findings on human rights issues. These organizations
reported that Ravalomanana government officials cooperated with their
requests and were responsive to their views.
The Constitution requires the Government to create organizations
that promote and protect human rights. The National Commission for
Human Rights (CNDH) undertook public awareness campaigns and workshops
with international NGOs that nevertheless were limited in their overall
impact. The CNDH was apolitical and in practice generally remained
separate from partisan politics. During the political crisis, the CNDH
suspended its work in part because its meetings had become forums for
political invective. The CNDH resumed work in the second half of the
year and tentatively planned to publish its report in early 2003.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits all forms of discrimination. No specific
government institutions were designated to enforce these
antidiscrimination provisions.
Women.--Domestic violence against women was not widespread. Police
and legal authorities generally intervened when physical abuse was
reported. The prohibition against rape was the only statute
specifically to address violence against women. Spouses can be tried
for nonrape abuses, generally under civil law. There were reports in
media and public acknowledgements of a domestic violence problem,
including reports of battered women. In December the Government
launched the first national campaign highlighting domestic violence.
Prostitution is not a crime; however, related activities, such as
pandering, are criminal. Incitement of minors to debauchery is a crime.
The Ratsiraka government acknowledged the existence of sexual tourism
and undertook an awareness campaign; however, the political crisis and
lack of resources precluded the Ravalomanana government from addressing
the problem.
Under the law, wives have an equal voice in selecting the location
of the 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''
occasionally was observed in some areas. Under this custom, the wife
had the right only to one third of a couple's joint holdings; however,
a widow received a government-provided pension, while a widower did
not.
There was relatively little societal discrimination against women
in urban areas, where many women owned or managed businesses and held
management positions in state-owned companies. The latest information
from the Ministry of Labor indicated that women owned 30 percent of
formal sector companies and 53 percent of informal sector companies. A
number of NGOs focused on the civic education of women and girls and
publicized and explained their specific legal protections; however, due
to cultural traditions, few women lodged official complaints or sought
redress when their legal rights were compromised.
Children.--The Ministry of Health, the Ministry of Education, and
the Ministry for Population and the Condition of Women and Children
were responsible for various aspects of child welfare. Lack of funds
insured that public services in this area remained inadequate. Lack of
funding also precluded the compilation of reliable statistics.
The Constitution provides for free public education for all citizen
children and makes primary education compulsory for all. According to
the Government's Interim Poverty Reduction Strategy Paper (IPRSP)
prepared in 2000, only 50 percent of primary school-age children were
enrolled (see Section 6.d.).
There were no reports of societal patterns of child abuse. There
were reports that in 2001 children charged with crimes were
incarcerated with the general prison population (see Section 1.c.).
Persons with Disabilities.--There was no official discrimination
against persons with disabilities in employment, education, or in
access to state services. The law broadly defines the rights of persons
with disabilities. Handicap International Madagascar, an NGO advocate
for persons with disabilities, led the fight for legislation mandating
equal access for persons with disabilities and the establishment of the
National Commission to Safeguard and Promote the Rights of Disabled
Persons.
National/Racial/Ethnic Minorities.--The Malagasy, of mixed Malay-
Polynesian, African, and Arab descent, were divided into 18 tribes, a
term without pejorative overtones in the country. The vast majority of
Malagasy spoke a single Malagasy language, albeit with certain regional
idiosyncrasies. None of the 18 tribes constituted a majority and there
were large minorities of Indo-Pakistani and Chinese heritage.
A long history of military conquest and political dominance raised
the status of highland ethnic groups of Asian origin, particularly the
Merina, above that of coastal groups of African ancestry. The imbalance
persisted to this day and fueled an undercurrent of tension between
Malagasy of highland and coastal descents. Ethnicity, caste, and
regional solidarity often were factors in hiring practices.
A significant Indo-Pakistani (Karana) community has been present
for over a century. Traditionally engaged in commerce, the Karana
numbered approximately 20,000 persons. Few of them held Malagasy
citizenship, which was acquired through a native-born Malagasy mother.
Indo-Pakistani merchants were mistrusted widely. During the political
crisis, Karana businesses were vandalized on numerous occasions, and
the authorities generally were slow to respond to these disturbances.
In October President Ravalomanana met with Karana business leaders and
expressed a willingness to look into citizenship issues raised by their
community.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the 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 were required to
register with the Government, and registration was granted routinely.
Ministry of Labor statistics indicate that less than 5 percent of
workers in export processing zone (EPZ) companies and less than 10
percent of all workers were unionized. There were a number of trade
union federations, many of which were affiliated formally with
political parties. During the political crisis, union participation was
evident in numerous mass demonstrations throughout the country,
particularly in those held in Antananarivo in support of President
Ravalomanana.
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 was
hampered by a lack of staff and financial resources.
In 2001 the International Labor Organization (ILO) noted a number
of instances in which the Government 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, safeguarding of machinery, hygiene in commerce and
offices, and weight limits. The political crisis prevented these issues
being addressed during the year.
Unions may join international labor organizations and may form
federations or confederations.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for the right of workers to bargain collectively.
The Labor Code states that either management or labor may initiate
collective bargaining. In practice the condition of the economy insured
that collective bargaining agreements remained rare. Despite the
existence of several public employees unions, few public employees were
union members; however, during the year, public employees demonstrated
a significant capacity to act in concert, particularly with respect to
political matters.
The Constitution provides for the right to strike, within
parameters fixed by law. This right extended to the EPZs, where several
politically motivated strikes occurred during the year, even in the
absence of organized unions. These strikes were primarily driven by
political considerations; however, work-related issues emerged, such as
demands for wage increases.
Workers in essential services have a recognized but restricted
right to strike and exercised this right in the past. The Labor Code
calls for workers to exhaust all options including conciliation,
mediation, and arbitration before resorting to strikes. These
provisions were not always observed. During the year, there was a
short, nondisruptive strike over compensation by teachers grading
middle school examinations. The strike ended with the examiners
receiving a 50 percent--approximately $7 to $11 (50,000 to 79,000
FMG)--increase in the compensation they received to grade the exams.
There were reports that union members working in EPZs were
mistreated and sometimes fired. Workers had recourse through the
Ministry of Civil Service, Labor, and Social Laws' Office of Work for
dismissals and the Office of Social Protection for mistreatment. There
were many EPZs that in practice were firms operating under special
import and export rules. Such firms were required to follow all
pertinent labor laws and regulations, including minimum wage laws;
however, the Government allegedly did not enforce its labor laws
adequately in the EPZs due to inadequate resources. The EPZs generally
used worker representation councils whose members were elected by the
employees but were not necessarily union representatives. These
representatives frequently were perceived to be subject to pressure
from management and to lack autonomy.
c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits
forced or bonded labor, including by children; however, at times the
Government did not respect this prohibition. For example, in the past
there were reports that prisoners were used in private industry or for
domestic functions; however, there were no reports that officials of
the Ravalomanana government engaged in these practices.
Some press reports indicated workers at times were compelled under
threat of loss of employment to work beyond the legal limits (see
Section 6.e.).
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 for employment was 15 years, and
work by persons under the age of 18 statutorily was prohibited at sites
where there was an apparent and imminent danger to health, safety, or
morals. Individuals under 18 years of age also were forbidden from
performing night work. The Government enforced child labor laws in the
formal economic sector by means of inspectors from the Ministry of
Civil Services. Enforcement in the much larger informal sector remained
a serious problem. Child labor was a problem. Nearly 20 percent of
urban children and 60 percent of rural children between the ages of 7
and 14 were employed. Children in rural areas generally dropped out of
school to help on family farms and urban children often worked as
domestic laborers and servants. In the agricultural sector, work for
children on the family subsistence farm may begin at an even younger
age. In cities many children worked in occupations such as transport of
goods by rickshaw and petty trading. Effective implementation of the
provisions of ILO Convention 182 on the worst forms of child labor was
hampered by a lack of financial resources and the political crisis.
e. Acceptable Conditions of Work.--The Labor Code and its
implementing legislation prescribe working conditions and wages, which
were enforced by the Ministry of Civil Service, Labor, and Social Laws.
The law makes separate provisions for agricultural and nonagricultural
work.
The Government set the minimum wage at approximately $25 (180,000
FMG) per month for the nonagricultural private sector. The national
minimum wage did not provide a decent standard of living for a worker
and family, particularly in urban areas. Although most employees know
what the legal minimum wages were, in practice those rates were not
always paid. High unemployment and widespread poverty led workers to
accept lower wages.
The standard workweek was 40 hours in nonagricultural and service
industries and 42 \1/2\ hours in the agricultural sector. Although
labor legislation limits workers to 20 hours of overtime per week,
employees often were required to stay on until production targets were
met. In some cases, this overtime was unrecorded and unpaid.
The Labor Code sets rules and standards for workers safety and
worksite conditions. Women and minors may not work in positions that
might endanger their health, safety, or morals. Inspectors from the
Ministry of Civil Service, Labor, and Social Laws monitored labor
conditions; however, they usually were able to cover only the capital
region effectively. In the past, the cost of protective clothing and
other safety devices often led firms to forego their use. If violators
do not remedy cited violations within the time allowed, they may be
sanctioned legally or assessed administrative penalties. CNAPS, the
country's equivalent of the Social Security Administration, published
reports on workplace conditions, occupational health hazards, and
workplace accident trends. Workers did not have an explicit right to
leave a dangerous workplace without jeopardizing their employment. The
Labor Code applies to all workers; however, foreign workers must have a
valid visa to be protected.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, in the past, there were reports of trafficking in
women and girls for prostitution between Madagascar and the neighboring
islands of Mauritius and Reunion. The number of persons involved was
difficult to determine. There were no reports of arrests for
trafficking. While the Government has expressed concern about
trafficking, it lacked the resources to address it effectively.
__________
MALAWI
President Bakili Muluzi of the United Democratic Front (UDF) party
led the Republic of Malawi, which in 1999 held its second democratic
multi-party presidential and parliamentary elections since independence
in 1964. Independent observers concluded that the elections were free
and substantially fair; however, there was limited opposition access to
media and problems in voter registration, and the opposition lost
appeals of the results in the courts. The 10 parliamentary by-elections
held since 1999 have been marred by increasing violence, allegations of
vote fraud, and contested results. Constitutional power was shared
between a popularly elected president and the 193-member National
Assembly. The UDF had 96 seats in the National Assembly; the Malawi
Congress Party (MCP) had 61 seats; Alliance for Democracy (AFORD) had
30 seats; and there were 6 independent members. There was no clear-cut
ideological difference among the three political parties. The
Government respected the constitutional provisions for an independent
judiciary; however, the judicial system was inefficient and lacked
resources.
The National Police, headed by the Inspector General of Police
under the Ministry of Home Affairs, were responsible for internal
security. The police occasionally called on the army for support. Some
members of the security forces committed serious human rights abuses.
The country was 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.
The country's population was estimated to be 10,386,000, and
agriculture dominated the economy, employing more than 80 percent of
the labor force. The Government continued to move forward with its
multisector privatization program and endorsed private sector
participation in infrastructure. Wealth remained highly concentrated in
the hands of a small elite. Annual per capita income was approximately
$178.
The Government generally respected the human rights of its
citizens; however, there were serious problems in some areas. Police
use of excessive force or negligence resulted in some unlawful
killings, including deaths of detainees while in, or shortly after
release from, police custody. The police continued 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 were common, and lengthy pretrial detention was a serious
problem. An inefficient, understaffed, and underfunded judicial system
limited the ability of defendants to receive a timely, and in some
cases, fair trial. Security forces at times infringed on some privacy
rights. The Government generally respected freedom of speech and the
press; however, there were some exceptions. Limited self-censorship
existed. At times police used force against demonstrators. Violence
against women was common, and women continued to experience severe
societal discrimination. Abuse of children remained a problem. Child
labor, including instances of forced child labor, also was a problem.
There were reports of trafficking in persons. Mob violence triggered by
anger over high levels of common crime resulted in mob executions of
alleged criminals. Malawi was invited by the Community of Democracies'
(CD) Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, there were unlawful killings,
including deaths of detainees while in, or shortly after release from,
police custody. These deaths involved possible use of excessive force
or possible negligence. A large number of prisoners died largely due to
harsh prison conditions (see Section 1.c.). Inquests into deaths in
custody were not routine.
In November 2001, Evison Matafale, a popular reggae star who was
arrested for allegedly distributing seditious documents, died while in
police custody. An investigation by the Human Rights Commission (HRC)
concluded that the police were not at fault and that he died of
illness; however, his time in prison may have hastened his death.
In December 2001, police forcibly dispersed a student demonstration
and shot and killed a student demonstrator in Zomba. The HRC determined
that indiscriminate shots fired by police officers led to the death of
the student and injury to a bystander. The HRC recommended that the
Inspector General of Police prosecute the officers responsible for the
shooting; however, it subsequently complained publicly of the lack of
cooperation from the Inspector General. In September the student's
family initiated a lawsuit against the Attorney General to seek
compensation for loss of his life.
In August violent clashes between supporters of the ruling United
Democratic Front (UDF) and National Democratic Alliance (NDA) pressure
group resulted in the death of a UDF party official (see Section 2.b.).
Frustrated by inadequate law enforcement and rising crime, angry
mobs sometimes resorted to vigilante justice in beating, stoning, or
burning suspected criminals to death. For example, on September 23, an
angry mob in Mulanje beat to death a boy for stealing a bicycle. No
arrests were made; however, the police were conducting investigations.
In March the Minister of Home Affairs acknowledged that reports of mob
justice were increasing with the rise in thefts due to the food
shortage. Between January and March, citizens in several communities
killed more than 80 suspected thieves caught stealing maize. There was
no action taken by authorities in these cases by year's end.
No action was likely to be taken against the members of a mob who
in March 2001 in the town of Mulanje beat to death a man charged with
armed robbery.
There was one person tried, convicted, and sentenced to death for
serial killings in 2000; however, the death penalty still had not been
carried out by year's end. The President stated publicly that the death
penalty would not be used while he was in office.
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, police
continued to beat and otherwise abuse detainees and to use excessive
force in handling criminal suspects. The Inspectorate of Prisons was an
investigative body mandated by the Constitution, and the findings of
its 2000 report were considered indicative of prison conditions by
domestic and international nongovernmental organizations (NGOs). The
report noted that techniques used by police included beatings, physical
assault, and the use of wire instead of handcuffs to restrain prisoners
and to force confessions. Police sometimes hid these abuses by keeping
prisoners in police custody until wounds healed before turning them
over to the prison system for remand. The mistreatment partly was due
to the mistaken belief of many police officers that the law required
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.
Police forcibly dispersed demonstrations during the year (see
Section 2.b.).
Police continued efforts to improve investigative skills and to
introduce the concept of victims' rights through workshops and other
training exercises, particularly in the areas of sexual abuse and
domestic violence (see Section 5). 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. The four pilot programs that
provided community service alternative for some offenders and were
initiated in 2000 had been introduced to all parts of the country by
year's end. A refresher course on community service was conducted for
lower ranking magistrates in October.
Prison conditions remained harsh and life threatening. The
overcrowding, inadequate nutrition, substandard sanitation, and poor
health facilities remained serious problems.
In October inmates at Zomba central prison rioted to protest
inadequate food supplies. One inmate was shot and killed and four
others were injured. During the year, a total of 29 inmates died in
prison, mostly due to HIV/AIDS.
Although women were not kept in separate facilities, they were
segregated within the prison compound and watched over by female
guards. Although four prisons were supposed to have separate facilities
for juveniles, the separation was inadequate in practice. In the other
prisons, juveniles were incarcerated with adults. The law requires
pretrial detainees to be held separately from convicted prisoners;
however, many prisons could not comply with this law due to lack of
space and inadequate facilities.
The Inspectorate of Prisons, domestic NGOs, and international NGOs
were permitted to make visits to monitor prison conditions without
government interference. NGOs reported good collaboration with prison
authorities. During the year, NGOs visited many of the prisons;
however, unlike in the previous year, there were no formal visits by
the Prison Reform Committee.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides the accused the rights to challenge the legality of detention,
to have access to legal counsel, and to be released on bail or informed
of charges by a court of law within 48 hours; however, these rights
seldom were respected in practice. The use of temporary remand warrants
was widespread and used to circumvent the 48-hour rule. Police often
resorted to beatings to obtain information deemed necessary to their
cases (see Section 1.c.). In cases where the court determined that a
defendant could not afford to supply his own counsel, legal services
were provided by the Government. With few persons able to afford legal
counsel, the country's seven public defenders could not represent all
indigent detainees in a timely manner. Bail frequently was granted to
reduce prison overcrowding. Its use often bore only a tenuous
relationship to the merits of an individual's situation.
The prison system was meant to accommodate 4,500 inmates; however,
during the year, there were 8,784 inmates, of whom 2,608 were pretrial
detainees. There were 396 juveniles among the inmates of whom 163 were
pretrial detainees. There were 89 women in prison and 39 were pretrial
detainees. In July President Muluzi pardoned a woman who gave birth in
prison after her story was highlighted in the press. Police were
accused of arbitrary arrests due to political motives.
During the year, a priest was arrested for possession of seditious
material (see Section 2.a.)
In September police arrested the regional governor for the Malawi
Forum for Unity and Development (MAFUNDE) opposition party for honking
his car horn in protest of a constitutional amendment to allow for
three consecutive presidential terms (see Section 2.b.).
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the judicial system was inefficient and
was handicapped by serious weaknesses, including poor record keeping, a
shortage of attorneys and trained personnel, a heavy caseload, and a
lack of resources. In August court operations were affected by a
judicial support staff strike demanding better working conditions (see
Section 6.b.). Human rights organizations widely criticized the strike
because it increased prison congestion and denied many persons access
to the courts.
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.
In November 2001, members of the UDF ruling party submitted motions
in the National Assembly to impeach three High Court justices on
allegations of judicial misconduct and incompetence. The National
Assembly curtailed the Judicial Service Commission investigation into
the cases and voted in favor of removal of the three justices. In
December 2001, the President dropped all charges against one justice
and ordered the Judicial Service Commission to reconvene to complete
its assessment of the allegations against the remaining two justices.
On May 7, President Muluzi pardoned the remaining two justices.
By law defendants have the right to a public trial but not to a
trial by jury; however, in murder cases, the High Court used juries of
12 persons from the defendant's home district. Defendants also were
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. During the year, the Department of Public
Prosecutions had 7 prosecuting attorneys and 11 paralegals. The
paralegals served as lay prosecutors and prosecuted minor cases in the
magistrate courts. Lack of funding and a shortage of attorneys created
a backlog mainly in murder cases. In September, with funding from
donors, the Director of Public Prosecution (DPP) stated that his office
would prosecute 200 murder cases by December, and a total of 103 cases
had been completed by year's end.
In April the High Court conducted a weeklong workshop for
magistrates on laws related to corrupt practices. In June another
training workshop was held on gender sensitization for magistrates and
led to the drafting and publication of a manual for use by magistrate
courts.
The 2000 amendment to the law provided for an expansion of the
civil jurisdiction of magistrates, simplified small claims procedures,
and gave magistrate courts jurisdiction over customary marriages. The
amended law permitted more cases to be handled by magistrate courts
that in the past had been referred to the High Court.
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
protections they are accorded in principle often were denied in
practice, and many juvenile offenders were incarcerated with adults
(see Section 1.c.).
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government at times infringed on these rights. 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 existed.
In September the President publicly criticized two opposition
newspapers during a political rally for ``irresponsible journalism.''
He criticized the Daily Times for reporting the comments of a local NGO
representative that contradicted statements made by the President. The
Chronicle was also criticized for attempting to incite civil unrest
after an article was published quoting a letter by a group in the
Malawi Muslim community that threatened ``jihad'' against Christians.
In October a ruling UDF parliamentarian assaulted a journalist on
the premises of the National Assembly. The Speaker of the National
Assembly announced his office would launch a formal inquiry on the
matter; however, there were no results reported by year's end.
There were no further developments since the completion in August
2001 of a 2-year review of the Censorship Act by the Law Commission.
In June a Catholic priest was arrested in Kasungu for possession of
seditious material. The priest had documents opposing the
constitutional amendment to eliminate presidential term limits that he
was translating into the local language. On June 17, he was released on
bail, and there was no new information regarding the case by year's
end.
In December 2001, a prominent businessman who is a member of
``Concerned Citizens of Malawi'' and the opposition pressure group NDA
was arrested on charges of sedition. He reportedly wrote more than 100
letters criticizing government policy, the President's alleged
shortcomings, and deteriorating democratic standards in the country. In
April the High Court acquitted the businessman.
A broad spectrum of political and ideological opinion was available
in the country's two dozen newspapers and usually without government
interference. However, the Government continued to threaten and harass
members of the media. For example, on May 20, the then Minister of
State Responsible for Presidential Affairs, Dr. Dumbo Lemani, led a
march by ruling UDF supporters to the Blantyre Newspapers Company,
publishers of the two independent newspapers, The Daily Times and
weekly Malawi News. The marchers threatened journalists who had written
articles that opposed a bill to amend the Constitution to abolish term
limits for the President.
The May 2001 case against a journalist, a printer, and four
newspaper vendors who were arrested for distributing an edition of The
Dispatch newspaper, which contained articles that the Government stated
would ``cause public fear and alarm,'' still was pending at year's end.
The Dispatch newspaper has not published since the arrests.
The state-owned Malawi Broadcasting Corporation (MBC) dominated the
radio market with its two stations, transmitting in major population
centers throughout the country. News coverage and editorial content
clearly were progovernment. In 2000 four employees of MBC allegedly
were suspended due to insufficient loyalty to the ruling party. The
Office of the Ombudsman began an investigation of the incident;
however, the High Court ruled that the Ombudsman had no jurisdiction on
labor related matters. The Ombudsman appealed to the Supreme Court, and
in April the Supreme Court ruled in favor of the Ombudsman to proceed
with the investigations. The investigation was ongoing at year's end.
There were 10 private radio stations; all broadcasting on FM
frequencies with limited coverage and only in urban areas. There were
two commercial stations broadcasting in Blantyre. There was a rural
community radio station run by local women with the help of the Malawi
Media Women's Association. In May 2001, the Malawi Institute of
Journalism opened a private training-commercial radio station. Six
religious stations broadcast in the capital and other major cities.
Government-owned Television Malawi (MBC-TV) was the country's sole
television broadcaster.
In violation of the law, the MBC consistently denied opposition
candidates equal access to the media during the 1999 presidential and
parliamentary election campaigns and the 2000 local government
campaigns. In contrast slogans and songs of the ruling UDF party
advertising upcoming political rallies were broadcast throughout the
year. The Government limited television broadcasting with editorial
control similar to that on MBC radio.
The Malawi Communication Regulatory Authority, an independent
regulatory body, issued broadcasting licenses for radio, television,
and Internet service providers (ISP). The Government split the state-
owned Malawi Posts and Telecommunication Corporation into the Malawi
Posts Corporation and the Malawi Telecommunications Limited in
preparation for the privatization of MTL. There were two cellular
telephone service providers and nine ISPs. On September 13, a third
cellular telephone license was awarded.
The Government did not restrict academic freedom. In November 2001,
police officers searched the home of a Chancellor College Professor on
suspicion that he was in possession of documents that were ``likely to
cause a breach of peace.'' No documents were found, and no action was
taken against the responsible police officers by year's end.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, there were instances in
which police limited this right.
Authorities routinely granted official permits, which are required
by law for large meetings; however, in August police reportedly refused
to grant opposition leaders permission to hold political rallies.
Police cancelled the opposition MAFUNDE rallies in the southern region
of the country citing potential violence between MAFUNDE and UDF party
supporters. There were reports that police also cancelled rallies by
the Malawi Congress Party.
In May President Muluzi issued a ban on all demonstrations related
to a constitutional amendment bill to abolish presidential term limits.
In June armed police in Blantyre stopped a public debate about the
bill. On September 15, President Muluzi renewed the ban; however, on
September 24, ruling UDF supporters demonstrated in the streets of
Blantyre in support of President Muluzi's third-term bid despite the
ban. No police action was taken against the demonstrators. On September
17, a member of MAFUNDE was arrested in Mzuzu for sounding his car horn
in opposition to the constitutional amendment bill. He was charged with
``conduct likely to cause breach of peace.'' On September 19, he was
granted bail; however, when his trial began on October 29, the charges
had been amended to a traffic violation for ``excessive use of a car
horn.'' He was acquitted of all charges on November 21. On October 22,
the High Court ruled the President's ban on demonstrations
unconstitutional.
In November police used tear gas to disperse forcibly a
demonstration in Blantyre organized by the Forum for the Defense of the
Constitution (FDC) to protest a constitutional amendment to allow for
three consecutive presidential terms. Violence erupted when members of
the ruling UDF party attacked the FDC demonstrators.
In August violent clashes between supporters of the UDF and NDA
resulted in the death of a UDF party official. On August 28, the
Government issued an ultimatum to the NDA to register as a political
party or risk an official government ban as an organization that
promotes violence and subversion under section 64 of the Penal Code.
The NDA contested the constitutionality of ultimatum in the High Court,
and on September 15, the President extended the deadline for complying
with the ultimatum to December. The High Court would not rule on the
case until the deadline for registration had been missed by the NDA,
and NDA representatives have publicly said that they plan to register
the NDA as a party in January 2003.
In December 2001, police forcibly dispersed a student demonstration
at Chancellor College in Zomba, which resulted in one death and one
injury. The Joint Commission established by police and college
representatives in December 2001 investigated the incident and in
January referred a report to the University of Malawi's central office
for review. No further actions were reported by year's end.
The Constitution provides for freedom of association, and the
Government respected this right in practice. The Government required
organizations, including political parties, to register with the
Registrar General in the Ministry of Justice. Although no political
party has been denied registration, the Government threatened to
deregister the Malawi Forum for Unity and Development for using Malawi
in its official name, which is a protected word under the law. However,
on September 2, the Government granted approval of the use of Malawi in
the party's name.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There were no separate requirements for the recognition of
religions, but religious groups must register with the Government.
There were no reports that the Government refused to register any
religious group during the year.
Some opposition politicians and clerics have raised Islam as a
political issue. Citing the President's adherence to Islam, his contact
with Islamic countries such as Libya, Iran, and Sudan, and the building
of new mosques, some opposition politicians and clerics have accused
the UDF of attempting to ``Islamicize'' the country.
Foreign Christian missionaries experienced occasional delays in
renewing employment permits; however, this appeared to be the result of
bureaucratic inefficiency rather than a deliberate government policy
against foreign missionaries. Missionaries and charitable workers pay
lower fees for employment permits than do other professionals.
There were generally amicable relations between the various
religious communities; however, there were a small number of reports of
clashes between Muslims and Christians.
In February the Muslim Association of Malawi (MAM) filed a
complaint with the Religious Affairs Coordinator for the Office of
President and Cabinet regarding the activities of a Christian
missionary group in Mangochi district. The MAM accused the Christian
group of entering mosques to convert Muslims to Christianity and of
disseminating inflammatory publications about Islam. On February 22,
the Religious Affairs Coordinator attempted to convene a forum with
MAM, the Malawi Council of Churches, and leaders of the missionary
group to discuss a peaceful resolution to the problem; however, the
meeting was cancelled due to a lack of funding. In April the same
missionary group contacted the Religious Affairs Coordinator, the
Deputy Inspector General of Police, and the local Mangochi district
police to report that they heard that the Muslim community in Mangochi
district planned to harm them; however, there were no reports that any
violence occurred.
On December 18, police arrested four members of the Seventh-Day
Apostolic Church in Blantyre for allegedly instigating a clash with
local Muslims. On December 15, a violent dispute occurred when church
members began comparing Christianity and Jesus with Islam and Mohammed
in a market square. Three persons were injured and property was damaged
in the clash; however, there was no further action taken by year's
end.''
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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; however, there were long delays in the
process. The Government cooperated with the office of the U.N. High
Commissioner for Refugees (UNHCR) in providing protection and
assistance to refugees. According to the UNHCR, the country hosted
9,674 refugees, primarily from the Democratic Republic of the Congo,
Rwanda, and Burundi, at the country's refugee center in Dowa. The
majority of refugees resided at the Dzaleka camp, and the UNHCR
estimated that approximately 200 new refugees arrived each month.
Although the Government granted refugee status, the law does not accept
refugees for permanent resettlement and does not permit them to work or
study; however, while no legal framework existed, the Government
allowed refugees to seek both employment and educational opportunities.
UNHCR, NGOs, and the Government collaborated to provide children in
refugee camps with access to education. A new school was completed at
the Dowa refugee camp in 2001.
The country has provided first asylum to numerous refugees and
continued to provide first asylum to new refugees as required. Asylum
applicants were granted hearings to make their case for asylum status.
The Government denied asylum to many of the Rwandans and Congolese who
either had requested asylum in another country or had the opportunity
to do so.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage for citizens 18 years of age and older.
International election observers found the 1999 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 voter registration problems in some areas
of the country; and the Electoral Commission at times displayed bias in
favor of the ruling party. President Muluzi was reelected to serve a
second 5-year term, defeating Gwanda Chakuamba, the joint presidential
candidate of the two leading opposition parties, the MCP and AFORD. The
opposition challenged the outcome of the presidential vote, and in May
2000, the High Court ruled in favor of the President. In October 2000,
the Supreme Court of Appeal upheld the High Court ruling in favor of
the President.
President Muluzi, First Vice President Justin Malewezi, and a 38-
member cabinet exercise executive authority. The second vice-presidency
remained vacant. The executive exerted considerable influence over the
legislature; the legislature followed a hybrid parliamentary system,
and consequently a number of Cabinet ministers also sit as Members of
Parliament (M.P.'s).
On August 27, senior UDF officials stated that a constitutional
amendment bill to allow the President to seek three consecutive terms
would be introduced in the October session of Parliament. On September
6, the Government announced officially that it would introduce the bill
in Parliament; however, the bill was neither introduced nor withdrawn
in its entirety, and there was no action taken on the bill by year's
end. President Muluzi banned all demonstrations relating to this
amendment (see Section 2.b.).
Local government elections to select councilors and mayors, as
mandated under the law, were held in November 2000, and were conducted
in an open and transparent manner according to local and international
observers; however, they were marked by low voter turnout, allegations
of voter and candidate intimidation, and unequal access to the media.
The ruling UDF won more than 70 percent of the seats; opposition
parties and some NGOs criticized the Government for manipulating the
process.
Although the Government did not prevent the operation of opposition
political parties, the parties continued to allege that the Government
used bribery and other inducements, including violence, to encourage
opposition party divisions and defections of key personnel to the
ruling party. In July the Anti-Corruption Bureau (ACB) began
investigations of some opposition M.P.'s who allegedly were bribed to
vote in favor of the constitutional amendment bill to abolish
presidential term limits. The investigations were ongoing, and no
indictments had been made against any political figures at year's end.
During the year, the authorities were accused of refusing to grant
opposition leaders permission to hold political rallies (see Section
2.b.).
There were no laws that restricted the participation of women or
ethnic minorities in the political process. There were 17 women in the
193-seat National Assembly, and there were 8 women in the 38-member
Cabinet. Women were approximately 25 percent of the civil service.
There were 2 women justices among the 22 Supreme and High Court
justices. During the 1999 presidential and parliamentary elections,
approximately 55 percent of registered voters were women.
A citizen of European origin, several citizens of mixed ethnicity,
and one citizen of Asian origin were members of 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 were cooperative and responsive to their
views.
The Ombudsman was 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
was circumscribed by legislation that requires a warrant and a 3-day
waiting period to gain access to certain government records. The
activities of the Ombudsman were subject to judicial review, and in a
2000 case involving MBC employees allegedly dismissed on political
grounds, the Supreme Court upheld a constitutional provision that
granted the Ombudsman discretionary authority to investigate any and
all cases where it was alleged that a person has suffered injustices,
except when there was a judicial remedy available (see Section 2.a.).
The Constitution provides for a National Compensation Tribunal
(NCT) to adjudicate claims of criminal and civil liability against the
former government. As of September, the NCT had registered more than
23,000 claims, of which 600 had been compensated fully and 7,000 had
been awarded interim compensation payments. The NCT's original
constitutional mandate did not permit the registration of new claimants
after December 31, 2001 deadline; however, during the year, the
registration deadline was extended until July 13, 2003. The extension
of the deadline for registration could impact seriously NCT's estimated
$300 million (MK 24 billion) budget to cover 16,000 claims for 10
years. The NCT's lack of funds limited its ability to settle claims.
The constitutionally mandated HRC was charged to monitor, audit,
and promote human rights provided for under the Constitution, and to
carry out investigations regarding violations of any human rights.
Despite limited resources, in September 2001, the HRC issued its 2000
Human Rights Report, which described 172 complaints of human rights
violations such as overcrowding and poor sanitation in prisons, lack of
proper medical attention to sick prisoners, political violence during
the Kasungu by-elections, long periods of pretrial detention, and the
lack of opposition access to the media during elections. The Government
has refuted publicly the report's findings. In August and September,
HRC conducted public hearings in major cities on political and
religious intolerance. Both human rights groups and political leaders
acknowledged that political violence had increased during the year. The
2001 HRC report was still in draft form at year's end.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution specifically provides for equal rights for women,
forbids discrimination based on language or culture, and provides for
equality and recognition before the law for every citizen; however, in
practice the capacity of government institutions to assure equal rights
for all citizens was limited.
Women.--Domestic violence, especially wife beating, was 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 was discussed openly by
women. In April 2001, an NGO in Lilongwe established the country's
first confidential shelter for women who were victims of physical or
sexual abuse. Between April and December 2001, 72 women sought
protection at the shelter. Police did not normally intervene in
domestic disputes.
Press coverage of domestic violence increased substantially
following a November 2001 conference called ``Sixteen Days of
Activism'' sponsored by NGOs in cooperation with the Ministry of Gender
and Community Service. NGOs sponsored subsequent workshops to inform
local tribal leaders and journalists of the importance of legislation
against domestic violence with a specific focus on spousal rape.
There was anecdotal evidence that a few small ethnic groups
practiced female genital mutilation (FGM).
Trafficking in women and girls was a problem (see Section 6.f.).
Under the Constitution, women have the right to full and equal
protection by law and may not be discriminated against on the basis of
gender or marital status; however, in practice discrimination against
women was pervasive, and women did not have opportunities equal to
those available to men. Women had significantly lower levels of
literacy, education, formal and nontraditional employment
opportunities, and access to resources to increase agricultural
productivity. The literacy rate among women between the ages of 15 and
45 was less than 37 percent. Male literacy in the same age group was
approximately 45 percent.
Women often had less access to legal and financial assistance, and
wives often were victims of discriminatory inheritance practices in
which the majority of the estate was taken unlawfully by the deceased
husband's family. Women usually were at a disadvantage in marriage,
family, and property rights, but they have begun to speak out against
abuse and discrimination. Households headed by women were represented
disproportionately in the lowest quarter of income distribution. In a
country where 85 percent of the population was rural, the majority of
farmers were women; 70 percent of the rural female population farm full
time. Typically women worked more hours than men to complete the same
farm tasks because they rarely had comparable tools and equipment, and
they remained responsible for all household tasks. Women had 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 was particularly constrained; they constituted less
than 5 percent of managerial and administrative staff.
The law provides for a minimum level of child support, widows'
rights, and the right to maternity leave; however, only individuals who
utilized the formal legal system benefited from these legal
protections.
In 2000 women joined the army for the first time in noncombatant
positions as a result of a 1994 revision in the Government directive
that previously had prohibited women from military service. The
Government commissioned a female officer in August 2001, and during the
year, there were new recruit classes of women, who were serving both as
officers and as enlisted personnel in the armed forces. Female soldiers
may only be deployed in combat as support personnel, such as in the
communications field.
The Government addressed women's concerns through the Ministry of
Gender and Community Services.
Children.--The Constitution provides for equal treatment of
children under the law, and during the year, the Government continued a
high level of spending on children's health and welfare. The Government
provided free primary education for all children, although education
was not compulsory. Girls dropped out of school more frequently than
boys did, and in the final year of primary school, 42 percent of
students were girls. Despite recent significant gains in girls' access
to education, large gaps remained between girls' and boys' achievement
levels. Girls, especially in rural areas, historically had been unable
to complete even a primary education and were therefore at a serious
disadvantage in finding employment. Accepted economic and social
practice hampered the ability of women and girls to gain an education.
However, there were signs of improvement in education for girls. The
2002 Malawi Demographic Household and Education Data Survey's
preliminary report indicated that there was not a large gender gap in
primary school attendance between boys and girls; however, in secondary
school the boys were more likely to attend than girls.
Well over half of the country's children live in poverty, mostly in
rural areas. Children in rural households headed by women were among
the poorest. Only one-third of children had easy access to safe
drinking water. Infant mortality was high, and child malnutrition was a
serious problem. 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. According to the National
Statistic Office's Demographic and Health Survey of 2000, only 60
percent of children under age 15 lived with both of their biological
parents; 23 percent of children under age 15 lived with only one
parent, while 16 percent were orphans. Extended family members normally
cared for such children and other orphans.
FGM was performed on girls (see Section 5, Women).
There were societal patterns of abuse of children. The media also
reported on the sexual abuse of children, especially in relation to
traditional practices of initiation. While rites to initiate girls into
their future adult roles still were secret, information suggested that
abusive practices were widespread and quite damaging.
Child prostitution occurred (see Section 6.f.).
Persons with Disabilities.--The Government has not mandated
accessibility to buildings and services for persons with disabilities,
but one of the national goals in the Constitution is to support persons
with disabilities through greater access to public places, fair
opportunities in employment, and full participation in all spheres of
society. There were both public and privately supported schools and
training centers, which assisted persons with disabilities. There also
were several self-supporting businesses run by and for persons with
disabilities. The Minister of State responsible for persons with
disabilities was a cabinet-level position, which was held by a person
with disabilities.
In December 2001, the Ministry responsible for persons with
disabilities held a consultative workshop with representatives from
NGOs and U.N. agencies to create a taskforce for the formulation of a
new National Disability Policy (NDP). The draft NDP incorporated the
views of interested parties and was awaiting review by various
government ministries. The taskforce was charged with the development
of a new NDP that addressed issues of equal opportunity and access for
persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--The law governs labor-management
relations. Workers have the legal right to form and join trade unions;
however, union membership was low due to the small percentage of the
work force in the formal sector, the lack of awareness of worker rights
and benefits, and a resistance on the part of many employees to join
unions. Army personnel and police could not belong to trade unions, but
other civil servants were allowed to form unions. Union leaders
estimated that 12 percent of the formal sector workforce belonged to
unions; however, accurate statistics on the numbers of union members
were not available. Trade union rights have existed for 9 years, and
labor relations still were evolving. Employers, labor unions, and the
Government lacked sufficient knowledge of their legitimate roles in
labor relations and disputes, which limited the effectiveness in the
implementation and enforcement of the law; however the International
Confederation of Free Trade Unions (ICFTU) charged that trade union
rights were also limited by the resistance of some employers, including
the Government, to respect these rights.
Unions must register with the Registrar of Trade Unions and
Employers' Organizations in the Ministry of Labor and Vocational
Training (MOLVT). At year's end, 22 unions were registered. There were
no unusually difficult registration procedures. Unions were independent
of the Government, parties, and other political forces.
The law prohibits antiunion discrimination by employers and
requires that employers reinstate workers dismissed because of union
activities. However, the ICFTU 2002 Annual Survey stated that District
Education Officers were fired for their membership in the Teachers'
Union of Malawi. The same survey said companies in the export
processing zones (EPZs) were also resistant to union activity and that
unions said they have little access to workers in the zones.
Enforcement of legislation protecting the freedom of association by the
Ministry of Labor was ineffective.
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. There were no restrictions on the number
of union federations. There were two federations in the country: The
Malawi Congress of Trade Unions (MCTU), with 19 affiliates; and the
Congress of Malawi Trade Unions (COMATU), with 3 affiliates.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to organize and bargain collectively. The law 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 law 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 included wage negotiation, dispute
resolution, and industry-specific labor policy development. The law was
not implemented effectively in practice due to the lack of sufficient
knowledge of the law by employers, trade unions, and government
officials (see Section 6.a.). In 2001 the National Bank of Malawi
unilaterally abrogated an agreement with the Commercial, Industrial and
Allied Workers' Union. Collective agreements were binding legally, and
both parties must deposit them with the Registrar of Trade Unions.
The law allows members of a registered union to strike or go
through a formal mediation process overseen by the MOLVT. A registered
union must attempt to resolve the issue through mediation. A strike can
only occur after all settlement procedures established in a collective
agreement (an understanding, not necessarily signed, reached by both
parties to attempt mediation) and conciliation efforts 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. Members of a
registered union in ``essential services'' only have a limited right to
strike. Essential services were specified as services whose
interruption would endanger the life, health, or personal safety of the
whole or part of the population; they were determined by the Industrial
Relations Court (IRC) upon application by the Minister of Labor. The
law provides similar procedures for lockouts. Laws do not prohibit
specifically retaliation against strikers. There was no prohibition on
actions against unions that were not registered legally. Arbitration
rulings were enforceable legally. However, due to the lack of funding
and 2-year case backlog, the IRC could not monitor cases and enforce
the laws in practice adequately. During the year, the IRC conducted
several sensitization workshops on labor laws. The IRC also established
complaint centers throughout the country to facilitate access to its
services.
In August judiciary support staff began a general strike that
lasted 5 weeks. The strikers called for salary and benefits increases
approved by Parliament in 2000. In September an interim agreement was
reached between the support staff and the judiciary to end the strike;
however, negotiations between the Judiciary and Treasury were ongoing
on how to fund the agreement at year's end.
In May 2001, workers at the Lilongwe Water Board went on strike
over pay and management corruption. Since water is an essential
service, the Government could legally requisition a core workforce to
maintain service; however, the Government declared the strike illegal
and instructed the Water Board to fire all 350 employees. To be
reinstated, workers were required to sign a statement saying they would
not strike again and to accept their existing pay and working
conditions. By August 2001, most of the employees had been reinstated;
however, all the elected officers of the Water Employees Trade Union of
Malawi remained suspended. The employer also stopped the allotment.
In September 2001, medical workers from Queen Elizabeth Central
Hospital in Blantyre went on strike after the hospital failed to grant
salary increases that it promised to begin in July 2001. The hospital
negotiated an initial settlement for a risk premium increase, and the
28 leaders of the strike were suspended and restricted from travel
outside the country pending prosecution for endangering the health and
welfare of patients. During the year, a total of 15 employees were
indicted for conducting an illegal strike. In May the Office of the
Ombudsman intervened in the case, and the case concluded in November
when 10 employees were terminated for an illegal strike while 5 were
permitted to return to their previous positions. All travel
restrictions were lifted.
In October 2001, teachers began a series of sporadic strikes and
work stoppages because of the differences between rural and urban
salaries and benefits. During the year, differences in allowances were
corrected. In January the Minister of Education threatened to punish
any teacher who instigated a strike since the Government implemented
the new allowances. There were reports that up to 50,000 teachers
participated in the 2001 strikes in the rural areas.
At year's end, 20 firms held licenses to operate under EPZ status,
and all were operational. The full range of labor regulations applied
to the EPZs; however union organizers said they had little access to
workers in the zones. According to the ICFTU, workers in EPZs were not
able to exercise their trade union rights.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, there
were allegations that some large agricultural estates engaged in the
practice, and one local NGO reported that in urban areas, it was common
to find young girls working outside of their family as domestic
servants, receiving little or no wages, and living in a state of
indentured servitude (see Section 6.d.). According to the ICFTU, bonded
labor involving entire families was widespread on tobacco plantations.
Tobacco tenants have exclusive arrangements, often unwritten with the
estate owners to sell their crop and to buy inputs such as fertilizer,
seed, and often food. These costs, in addition to rent charges, often
were greater the artificially low price received for the tobacco crop,
leading to a situation of debt and bonded labor to repay the input and
other costs.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution defines children as persons under 16
years of age, and the law prohibits the employment of persons less than
14 years of age. It also prohibits the employment of children less than
18 years of age in work that was hazardous, harmful, or interferes with
their education. Significant child labor in agricultural work and
domestic service occurred largely as a result of extreme poverty and
longstanding cultural traditions. Budgetary constraints largely
precluded minimum work age and child labor law enforcement by police
and MOLVT inspectors. There was significant child labor on tobacco and
tea farms, subsistence farms, and in domestic service. There was no
special legal restriction on children's work hours.
In 2000 the Ministry of Labor began a 12-month International Labor
Organization (ILO) funded study to establish the magnitude of child
labor and to use the results as a basis for drafting an action plan to
implement ILO Convention 182 on the worst forms of child labor. In 2001
MOLVT conducted a pilot study and trained evaluators for the full
study, which started in May. The study was expected to be finished by
the first quarter of 2003.
During the year, there was at least one report of forced child
labor.
e. Acceptable Conditions of Work.--The MOLVT set separate urban and
rural minimum wage rates based on recommendations of the Tripartite
Wage Advisory Board (TWAB) composed of representatives of labor,
government, and the private sector. However, the TWAB encountered
problems due to inefficient organizational structure and inadequate
funding, which hindered timely and accurate revision of the wage rate
recommendations. The urban minimum wage amounted to approximately $0.70
(MK 56) per day; in all other areas, it was approximately $0.50 (MK 40)
per day. Although minimum wage rates were raised in 2000, they did not
provide a worker and family with a decent standard of living. Wage
earners tended to supplement their incomes through farming activities.
The MOLVT lacked the resources to enforce the minimum wage effectively.
However, the minimum wage largely was irrelevant for the great majority
of citizens, who earned their livelihood outside the formal wage
sector.
The maximum legal workweek was 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 violated
statutory time restrictions.
The law includes extensive occupational health and safety
standards. Enforcement of these standards by the MOLVT was erratic.
Workers--particularly in industrial jobs--often worked 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 were
unlikely to exercise this right.
Mechanisms for protecting internationally recognized worker rights
were weak. There were serious manpower shortages at the Ministry of
Labor; as a result, there were almost no labor standards inspections.
The law protects foreign workers in correct legal status. Illegal
foreign workers were subject to deportation.
According to the Government ``policy statement and new guidelines''
for the issuance and renewal of employment permits (the temporary
employment permit or ``TEP''), foreign investors may employ foreign
personnel in areas where there was a shortage of ``suitable and
qualified'' citizens. The guidelines also mandated that processing
times for TEP applications shall not exceed 40 working days. Although
the TEP program appeared to function smoothly, the press reported
delays in application processing for at least one major company.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons specifically, and there were reports of trafficking. The
Penal Code contains several provisions relating to prostitution and
indecency that could be used to prosecute traffickers; however, there
were no arrests or prosecutions of suspected traffickers during the
year.
Although the age of sexual consent is 14, there was no age
specified for the protection of minors from sexual exploitation, child
prostitution, or child pornography. The belief that children were
unlikely to be HIV positive and the widespread belief that sexual
intercourse with virgins can cleanse an individual of sexually
transmitted diseases, including HIV/AIDS, contributed to the sexual
exploitation of minors. Child prostitution occurred, but it was not
considered a significant problem.
In October 2001, a bill was introduced in the National Assembly
that proposed 14-year sentences for anyone convicted of promoting,
managing, or transporting any person into or out of the country with
the purpose of engaging that person in prostitution. The National
Assembly deferred the bill during the October session for further
review.
It was believed that Malawian women were trafficked to South Africa
and Europe. For example, in 2001 the Ministry of Gender, Youth, and
Community Services, the lead ministry on trafficking issues, reported
seven cases of women being trafficked to South Africa and Netherlands
to engage in prostitution after being lured by false job offers.
Efforts to repatriate the seven women were unsuccessful due to a lack
of resources. There was no indication of any police investigation of
trafficking cases during the year.
The extent of the trafficking problem was undocumented, and neither
the Government nor NGOs viewed it as a significant problem. There was
scant media attention, and there was only one NGO focusing education
campaigns on the problem of trafficking during the year. The police and
the Ministry of Gender and Community Services handled any cases that
arose.
There was no government funding for NGO services to victims of
trafficking, and there was no training for government officials on how
to provide assistance to trafficking victims.
__________
MALI
Mali is a constitutional democracy that continued to implement a
decentralized form of government. In May General Amadou Toumani Toure,
former head of state during the 1991 to 1992 transition government, was
elected to a 5-year term as President. The presidential and legislative
elections were judged generally free and fair by international and
domestic observers; however, there were some administrative
irregularities. The former ruling party, Alliance for Democracy in Mali
(ADEMA), lost its majority in the National Assembly, and no party held
a clear majority. The Constitution provides for an independent
judiciary; however, in practice the executive branch continued to
influence the judiciary.
Security forces were composed of the army, air force, Gendarmerie,
the National Guard, and the police. While civilian authorities
generally maintained effective control of the security forces, there
were a few instances in which elements of the security forces acted
independently of government authority. The army and air force were
under the control of the civilian Minister of Defense, as were the
Gendarmerie and the National Guard. The police were under the Ministry
of Internal Security and Civil Protection. The police and gendarmes
shared responsibility for internal security; the police were in charge
of urban areas only. There were no reports that security forces
committed human rights abuses.
The country was very poor with a market-based economy, and its
population was approximately 11 million. Most of the work force was
employed in the agricultural sector, particularly farming and animal
husbandry. The gross national product was approximately $300 per
capita, which provided most of the population with a low standard of
living, although there was a sizable middle class. The economy depended
heavily upon foreign assistance. Desertification, deforestation, soil
degradation, and social limitations, including a current estimated
literacy rate of approximately 30 percent (48 percent for men and 12
percent for women) and a high population growth rate (2.4 percent),
contributed to poverty. The inflation rate remained low, and public
sector wages were adjusted to keep pace with inflation. Poor
infrastructure, minimal foreign investment, administrative
inefficiency, and corruption also were important factors in limiting
economic growth.
The Government generally respected its citizens' human rights;
however, there were problems in some areas. Prison conditions remained
poor. Occasionally police arbitrarily arrested and detained persons.
Prolonged pretrial detention was a problem. 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, and there were reports of corruption in the courts. Domestic
violence against women was widespread. Discrimination against women
persisted, and social and cultural factors continued to limit sharply
economic and educational opportunities for most women. Female genital
mutilation (FGM) was widespread, although educational campaigns against
FGM were ongoing. Hereditary servitude relationships continued to link
different ethnic groups. Child labor was common in the agricultural and
domestic help sectors. Children were trafficked into forced labor in
Cote d'Ivoire; the Government returned a number of these children to
their families during the year. Mali was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
No action was taken, nor was any likely to be taken, against the
soldiers accused of the torture and killing of two persons suspected in
the 2000 killing of three tourists. The three other suspects remained
in detention at year's end, and the investigation continued.
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 government officials employed them.
There were no new developments in the following 2001 incidents: The
January attack on the Gendarmerie Headquarters in Tarkint in which two
gendarmes were injured; and the June death of a bus driver, who fell or
jumped to his death from a bridge while being pursued by the police.
Prison conditions were poor. Prisons continued to be overcrowded,
medical facilities were inadequate, and food supplies were limited. In
2001 a new prison facility for women and juveniles was built in Bamako.
The new prison allowed for some separation of prison populations in
Bamako; however, the situation remained unchanged outside the capital,
where men and women were housed in the same building but in separate
cells. In Bamako juvenile offenders usually were held in the same
prison as adult offenders, but they were kept in separate cells. There
were no reports that women or juveniles were abused by other inmates or
by guards. Pretrial detainees were held with convicted prisoners.
The Government permitted prison visits by human rights monitors.
Several organizations, including the Malian Association of Human
Rights, the Malian Association of Women Lawyers, and other
nongovernmental organizations (NGOs) visited prisoners and worked with
women and juvenile prisoners to improve their conditions. The
International Committee of the Red Cross (ICRC) continued to visit
former President Traore and his wife Mariam until they were pardoned
and released in June (see Section 1.e.).
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, on occasion police arrested and
detained persons arbitrarily.
Judicial warrants were required for arrest. The normal procedure
was for the complainant to deliver the warrant, which stipulated when
the person was to appear at the police station. In some cases, the
police served the warrant. This normally was done at the request of a
relative or in the event of a bribe. Frequently in cases where money
was involved, the arrested person agreed to resolve the case at the
police precinct, and the police received a portion of the recovered
money.
The Constitution provides that suspects must be charged or released
within 48 hours and that they are entitled to counsel; however, in
practice detainees were not always charged within the 48-hour period.
Limited rights of bail or the granting of conditional liberty
existed, particularly for minor crimes and civil matters. On occasion
the authorities released defendants on their own recognizance.
One of the 36 Pakistani preachers who the police arrested and
detained in October 2001 for allegedly entering the country illegally
remained in custody at year's end. The Government did not release a
report on the Pakistani preachers by year's end.
Administrative backlogs and insufficient lawyers, judges, and
courts often caused lengthy delays in bringing persons to trial. In
extreme cases, individuals remained in prison for several years before
coming to trial. Local lawyers estimated that approximately half of
prison inmates were pretrial detainees.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the executive branch continued to exert
influence over the judicial system. The Ministry of Justice appointed
and had the power to suspend judges; it supervised both law enforcement
and judicial functions. The President headed the Superior Judicial
Council, which oversaw judicial activity. Domestic human rights groups
alleged that there were instances of bribery and influence peddling in
the courts. In 2000 the Government launched a campaign against
corruption that led to the detention of many senior civil servants,
businessmen, and political leaders from all parties. They subsequently
were released; however, they were not permitted to leave the country
and still were under investigation at year's end.
The Supreme Court has both judicial and administrative powers. The
Constitution provides for 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 were public, and defendants
had the right to be present and have an attorney of their choice.
Defendants and attorneys had access to government evidence relevant to
their cases. Defendants were presumed innocent and had the right to
confront witnesses and to appeal decisions to the Supreme Court. Court-
appointed attorneys were provided for the indigent without charge. The
village chief, in consultation with the elders, decided the majority of
disputes in rural areas. If these decisions were challenged in court,
only those found to have legal merit were upheld.
In June President Konare pardoned and released former President
Traore and his wife, Mariam, who were the last members of the Traore
regime still in prison. They remained in the country at year's end.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. Police
searches were infrequent and required judicial warrants. However,
security forces maintained 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 by a magistrate to be a threat to national security.
There were no reports of such government surveillance 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, and the Government generally
respected these rights in practice.
The Superior Council of Communication's (CSC) primary function was
to regulate the media, both protecting and controlling journalists. The
Committee of Equal Access to State Media was activated during election
campaigns. Mandated by the Constitution, it oversaw equal access to the
Government-controlled media for all political parties.
There were more than 30 private newspapers and journals in French,
Arabic, and local languages throughout the country, and there were as
many as 20 newspapers in Bamako. There were 10 or more daily newspapers
and many others were biweeklies; 6 were privately owned of which one,
Les Echos, was allied with the former ruling party and one was
government-controlled L'Essor. All newspapers were required to register
with the Ministry of Communications; however, registration was not
complicated and could be completed quickly.
The law regulates the press and provides 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 Government never has prosecuted journalists on criminal libel
charges. No journalists were arrested on libel charges during the year.
The Minister of Territorial Administration and Local Collectivities
could prohibit religious publications that he concluded defamed another
religion; however, there were no reports of instances in which
publications were prohibited.
The Government controlled the only television station and 1 of more
than 130 radio stations; however, all presented a wide range of views,
including those critical of the Government, the President, the Prime
Minister, and other politicians. The relative expense of newspapers and
television, coupled with a low literacy rate, made radio the most
prevalent medium of mass information and communication. There were as
many as 15 private radio stations in Bamako, and there were
approximately 117 additional stations throughout the country. In
addition to commercial radio stations, private or community radio
broadcasters included those run by associations and others directed
toward smaller villages (the latter two radio services enjoyed special
tax advantages).
A number of foreign broadcasters operated in Bamako through local
media. These included Radio France Internationale, Africa No. 1, and
the British Broadcasting Corporation; all had frequency modulation (FM)
frequencies. Voice of America had a local FM affiliate.
Domestic reception and distribution of foreign satellite and cable
television were permitted and fairly widespread, especially in Bamako.
There were no private television stations that broadcast domestically
produced programs.
There were 30 domestic servers providing access to the Internet.
Licenses to operate Internet servers were granted freely and were not
prohibitively expensive.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. The law requires groups
that wish to hold public meetings to obtain the mayor's permission;
however, such permission was granted routinely during the year.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Government required that all public associations, including
religious associations, register with the Government. However,
registration conferred no tax preference and no other legal benefits,
and failure to register was not penalized in practice. The registration
process was routine and was not burdensome. Traditional indigenous
religions were not required to register.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Police
routinely stopped and checked both citizens and foreigners to restrict
the movement of contraband and to verify vehicle registrations. Some
police and gendarmes used the occasion to extort bribes.
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. A national committee in charge of
refugees operated with institutional assistance from the office of the
U.N. High Commissioner for Refugees (UNHCR). The Government cooperated
with the UNHCR and other humanitarian organizations in assisting
refugees. The Government provided first asylum for refugees.
According to both UNHCR and government estimates, there were
approximately 11,000 Mauritanian refugees, mostly Fulani herders,
living in the Kayes region in the western part of the country at year's
end. However, the UNHCR, the Government of Mauritania, and the
Government of Mali never have agreed on recognition of the refugee
status of these persons, who have lived in the country for more than a
decade; members of these pastoralist border groups historically have
made cross-border migrations. Mauritanians could register for refugee
status, although few actually did.
At year's end, the country hosted approximately 1,900 urban
refugees: 80 percent were from Sierra Leone, and 90 percent were living
in Bamako. The Government had a transit center located 120 miles from
Bamako, where it hosted approximately 100 of the most vulnerable
refugee and asylum applicants. The center had a capacity of
approximately 300 persons and 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
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
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
promulgates laws within 15 days, following transmission to the Council
of Ministers 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 any question of national interest to a
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 the
President can declare a state of emergency and rule by decree, although
no president has ever done so since the fall of the Traore regime.
In May presidential elections were held, and General Amadou Toumani
Toure, former Head of State during the 1991 to 1992 transition, won
more than 60 percent of the vote even without the support of a
political party. Independent international and domestic observers
judged the elections to be generally free and fair and without evident
fraud; however, there were some administrative irregularities. There
were reports of abuses of the proxy voting system, problems in
verifying identification of some voters, and efforts to influence some
voters. Voter turnout reportedly was 30 to 35 percent. Unlike the 1997
elections, none of the opposition parties boycotted the election. The
Government and opposition parties reviewed and revised the electoral
lists during 2001, and new electoral lists were released early in the
year.
In July legislative elections were held that most independent
observers considered to be generally free and without evident fraud;
however, there were some administrative irregularities. Voter turnout
was 20 to 25 percent, lower than for the presidential elections. The
former majority party ADEMA and its allies held 56 of 147 seats in the
National Assembly; Rally for Mali (RPM) and its allies held 65; and the
remaining 26 seats were held by other smaller political parties and
independents. No one party or coalition held a majority.
Governing authority was shared between elected mayors in the 701
communes (including the 19 cities) and appointed officials
(``commissaires du gouvernement'') who were the representatives of the
central government in the District of Bamako, the regions, and the
cercles (districts roughly equivalent to counties). Local governments
benefited from central government subsidies, but they also were able to
collect local taxes to support their operations. Decentralization still
was a controversial issue. The process has changed traditional power
relationships between government and the governed and has relieved
formerly powerful civil servants of their authority. The new
administrators often were inexperienced and undereducated.
Administrators lacked adequate funding to govern effectively.
The process of amending the Constitution, the electoral law, and
other texts began during a National Political Forum in 2000 that
involved political parties, civil society, and the Government. In
August 2000, the National Assembly approved changes to the Constitution
and to the electoral law; however, the constitutional and electoral
revisions did not become law because they were not approved by
referendum. A referendum scheduled for December 2001 was postponed
indefinitely in November 2001, due to increasing criticism and
opposition from civil society and opposition parties and a failure to
achieve an acceptable consensus. The referendum was not rescheduled by
year's end.
There were no restrictions, legal or otherwise, on voting or
running for office by women or minorities. A total of 13 women held
seats in the 147-member National Assembly. There were 4 female cabinet
members of a total of 28. Five women served on the Supreme Court out of
33 justices, and 3 women served on the Constitutional Court out of 9
justices.
Members of historically marginalized pastoralist ethnic minorities,
including the Fulani and the Tuaregs, occupied seats in both the
Cabinet and National Assembly. The Prime Minister was Tuareg.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several independent domestic human rights organizations, such as
the Malian Association for Human Rights (AMDH), a smaller Malian League
of Human Rights, and a local chapter of Amnesty International,
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. The ICRC had
offices in Bamako, Tombouctou, and Gao.
From 1994 to 2001, the Government held an annual Democracy and
Human Rights Forum at which citizens voiced publicly their discontent
and grievances against the Government in the presence of the media and
international human rights observers. Each year before the Forum, the
Government published a report to assess implementation of the previous
year's Forum recommendations; the Forum then convened to review the
previous year's work and to make recommendations to the Government. The
topics for discussion during the 2001 Forum included women's rights,
access to government services, and judicial reform. The events were
well attended by local citizens, and discussion was free and open. The
2001 Forum called on the Government to make these issues a priority in
2002. The Government cancelled the 2002 Forum and replaced it with a
meeting intended to restructure the Forum in response to its decreasing
attendance over the years; there was no information available on the
outcome of the meeting.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on social origin,
color, language, sex, or race, and the Government generally respected
these provisions in practice; however, social and cultural factors gave
men a dominant role.
Women.--Domestic violence against women, including spousal abuse,
was tolerated and common; however, no statistics were available on the
extent of the problem. Assault in marriage was a crime; however, police
were reluctant to enforce laws against or intervene in cases of
domestic violence. Many women in turn were reluctant to file complaints
against their husbands because they were unable to support themselves
financially.
FGM was common, especially in rural areas, and was performed on
girls at an early age. According to domestic NGOs, approximately 95
percent of adult women had undergone FGM. The practice was widespread
among most regions and ethnic groups, was not subject to class
boundaries, and was not religiously based. There were no laws against
FGM, and the Government did not propose legislation prohibiting FGM.
The Government pursued a program of public awareness rather than legal
prosecution of women involved in the practice. It supported educational
efforts to eliminate the practice through seminars and conferences and
provided media access to proponents of its elimination. The National
Committee Against Violence Towards Women linked all the NGOs active in
preventing FGM. During the year, various NGOs campaigned against FGM.
In 1999 the Government instituted a two-phased plan to eliminate all
forms of FGM by 2008. The first phase, scheduled for 1999-2004, is
intended to be one of education and dissemination of information. There
was some public dissemination of information in urban areas, but the
program continued to develop slowly.
Women had very limited access to legal services due to their lack
of education and information, and because family law favored men. Women
particularly were vulnerable in cases of divorce, child custody, and
inheritance rights, as well as in the general protection of civil
rights.
Despite legislation giving women equal rights regarding property,
traditional practice and ignorance of the law prevented women from
taking full advantage of the law. Prospective spouses chose between
polygynous and monogamous marriages; a marriage could not take place
without both parties' consent. However, when no preference was
specified in the marriage certificate, judges assumed that the marriage
was polygynous. A community property marriage had to be specified in
the marriage contract. Traditional practice discriminated against women
in inheritance matters. For example, men inherited most of the family
wealth, and women received a much smaller portion of estates.
Women's access to employment in the professions and government, and
to economic and educational opportunities, was 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. A 1998 report indicated that the national
literacy rate was 12 percent for women more than 15 years of age. Women
constituted approximately 15 percent of the labor force. The
Government, the country's major employer, paid women the same as men
for similar work. Women often lived under harsh conditions, especially
in rural areas, where they performed difficult farm work and did most
of the childrearing.
The first 4-year national plan of action for the promotion of women
was completed in 2001; however, the results of the plan were not
available by year's end. The plan, financed by national, regional, and
local community budgets, sought to reduce inequalities between men and
women in six target areas, including education, health, and legal
rights. The Ministry for the Promotion of Women, Children, and the
Family started on a second 4-year action plan that was intended to
continue programs started during the first action plan.
There were numerous active women's groups that promoted the rights
of women and children.
Children.--Education was free and, in principle, open to all,
although the majority of students left school by the age of 12.
Students had to provide their own uniforms and school supplies to
attend public schools. While primary school was compulsory up to the
age of 12, only 56 percent of children (46 percent of girls) received a
basic education owing to a lack of primary schools, especially in rural
areas where 80 percent of the population lived; shortages of teachers
and materials; poverty; and cultural tendencies to place less emphasis
on education of girls. Literacy rates among girls remained
significantly lower than for boys.
On June 5, the Government enacted a new ordinance enumerating the
rights of children and establishing new government positions in each
region, that of child ``delegates,'' whose role would be to safeguard
the rights and interests of children. The new law also created special
courts for children and specified protections for children in the legal
system. There was no juvenile court system. The Social Services
Department investigated and intervened in cases of reported child abuse
or neglect. According to local human rights organizations, reported
cases were rare; however, statistics were unreliable.
FGM was performed commonly on young girls (see Section 5, Women).
There were credible reports that children were sold and trafficked
into forced labor in Cote d'Ivoire (see Section 6.f.).
Persons with Disabilities.--There was no specific legislation
protecting the rights of persons with physical or mental disabilities
or mandating accessibility. The Government did not discriminate against
persons with physical disabilities in regard to employment, education,
and other state services; however, the Government has not made
provision for persons with disabilities in these areas. There was no
societal discrimination against persons with disabilities; however, in
view of the high unemployment rate, persons with physical disabilities
often were unable to find work.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the Labor Code
specifically provide for the freedom of workers to form or join unions
and protect freedom of association. Only the military, the Gendarmerie,
and the National Guard were excluded from forming unions. Virtually all
salaried employees were organized. Workers have established independent
unions for teachers, magistrates, health workers, and senior civil
servants, and most were affiliated with the National Union of Malian
Workers (UNTM) federation. The UNTM has maintained its autonomy from
the Government. There were two major labor federations, the UNTM and
the Syndicated Confederation of Malian Workers.
Neither the Constitution nor the Labor Code prohibits antiunion
discrimination, but there were no reports or complaints of antiunion
behavior or activities during the year. If the parties could not come
to agreement, the dispute went to the Labor Court for decision.
Unions were free to associate with and participate in international
bodies. The union representing salaried employees regularly
participated in programs sponsored by French labor unions. Other unions
participated in training programs on worker's rights.
b. The Right to Organize and Bargain Collectively.--The growth of
independent unions led to more direct bargaining between these unions
and their employers. However, wages and salaries for workers belonging
to the UNTM unions were 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 applied. Civil service
salary levels were pegged nationally to an index established by the
Government. These negotiations usually set the pattern for unions
outside the UNTM. The Ministry of Labor acted as a mediator in labor
disputes.
The Constitution provides for the right to strike, although there
were restrictions in some areas. For example, civil servants and
workers in state-owned enterprises were required to give 2 weeks'
notice of a planned strike and enter into mediation and negotiations
with the employer and a third party, usually the Ministry of Labor. The
Labor Code prohibits retribution against strikers, and the Government
respected this requirement in practice.
During the year, two teachers' strikes occurred, one by university
teachers and another by elementary teachers. These strikes were settled
within a few days.
In 2001 the Government negotiated with all labor unions a social
pact intended to encourage more discussions between workers and
employers, thus lessening the risk of strikes.
In 2000 the International Labor Organization (ILO) requested that
the Government amend Section 229 of the 1992 Labor Code to restrict the
Minister of Labor's authority to impose arbitration to end strikes that
were liable to cause an acute national crisis. The Government noted in
its report to the ILO that it was undertaking an in-depth, tripartite
discussion on Section 229 to make the legislation fully consistent with
the principles of freedom of association; at year's end, the review was
ongoing.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, there
were reports that such practices occurred.
The law prohibits the contractual use of persons without their
consent; penalties included a fine and hard labor. The penalties
increased significantly if a minor, defined as someone under 15 years
of age, was involved.
There were some reports that the de facto slavery long reported to
have existed in northern salt mining communities has evolved to wage
labor in recent years; however, reliable current evidence about labor
conditions in those remote facilities remained unavailable. Hereditary
servitude relationships continued to link different ethnic groups,
particularly in the north. For example, there was a hereditary service
relationship between members of the Bellah ethnic group and other
Tuareg populations.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code has specific policies that pertain to child
labor; however, these regulations often were ignored in practice. 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, on
Sundays, or on holidays. Children between the ages of 16 and 18 could
work in jobs that physically were not demanding; boys could work up to
8 hours per day and girls up to 6 hours per day.
The Labor Code had no effect on the vast number of children who
worked in rural areas, helping with family farms and herds, and on
those who worked in the informal sector, for example, as street
vendors. These children were not protected by laws against unjust
compensation, excessive hours, or capricious discharge.
Child labor predominated in the agricultural and domestic help
sectors and, to a lesser degree, in craft and trade apprenticeships,
and cottage industries. Apprenticeship, often in a family member's or a
parent's vocation, began at an early age, especially for children
unable to attend school.
The authorities enforced the Labor Code provisions through the use
of labor inspectors from the Ministry of Employment and Civil Service,
who conducted surprise inspections and complaint-based inspections;
however, resource limitations restricted the frequency and
effectiveness of oversight by the Labor Inspection Service, and the
Service operated only in the modern sector.
The National Campaign against Child Labor in Mali (Programme
National de Lutte contre le Travail des Enfants au Mali), led by the
International Program for the Elimination of Child Labor (IPEC)-Mali,
was responsible for investigating abusive forms of child labor. IPEC
relied on labor inspectors appointed by the Government in Bamako and in
regional offices throughout the country. IPEC also was assisted by NGOs
combating child labor and by government regional offices in charge of
the promotion of women and children. Government resources included
inspectors, NGOs, and IPEC funding. There was no predetermined number
of inspections per year; however, investigations were held when
information was provided by NGOs or the media that there was an
instance of abusive child labor.
There were reports that children were kidnaped, sold into effective
slavery, and made to work on coffee and cocoa plantations in Cote
d'Ivoire. Some children were sold into forced labor by their parents;
reportedly the children were beaten if they tried to escape. In August
2001, the Government introduced travel passes for children to try to
prevent their being taken abroad to work illegally; however, the
measure was criticized for leading to interference with legitimate
travel.
e. Acceptable Conditions of Work.--The Labor Code specifies
conditions of employment, including hours, wages, and social security;
however, in practice many employers either ignored or did not comply
completely with the regulations. The national minimum wage rate, set in
1994, was approximately $42 (26,000 CFA francs) per month. Workers had
to be paid overtime for additional hours. The minimum wage did not
provide a decent standard of living for a worker and family. The
minimum wage was 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 supported large extended families and supplemented
their income by subsistence farming or employment in the informal
sector.
The normal legal workweek was 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 protections
against hazards in the workplace, and workers' groups brought pressure
on employers to respect parts of the regulations, particularly those
affecting personal hygiene. However, with high unemployment, workers
often were reluctant to report violations of occupational safety
regulations. The Labor Inspection Service of the Ministry of Labor
oversaw these standards but limited enforcement to the modern, formal
sector. It was not effective in investigating and enforcing workers'
safety and was funded insufficiently for its responsibilities. Workers
had the right to remove themselves from dangerous work situations and
request an investigation by the Social Security Department, which was
responsible for recommending remedial action where deemed necessary; it
was not known if any worker had done so.
The law protects legal and illegal foreign workers. Persons
illegally in the country were not allowed to work; however, if they
were given a job, they had the same protections as legal workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons but does specifically prohibit trafficking in children;
however, children were trafficked for forced labor in Cote d'Ivoire. In
August 2001, a new law was promulgated that made child trafficking
punishable by 5 to 20 years in prison. There also were laws that
prohibited the contractual use of persons without their consent.
Penalties for violations of the law prohibiting forced contractual
labor included a fine or hard labor. Penalties increased if a minor was
involved; however, these penalties were not imposed during the year.
The problem of trafficking was handled by both the Ministry for the
Promotion of Women, Children, and the Family and the Ministry of
Employment and Civil Service. Both ministries, in cooperation with the
Ministry of Foreign Affairs and the Ministry of Territorial
Administration, have developed a program to identify and rehabilitate
victims, educate the population, and strengthen the legal system with
regard to the movement and trafficking of minors. Welcome centers in
Mopti, Sikasso, and Bamako assisted child trafficking victims in
returning to their families. In 2001 the Ministry of Labor selected a
coordinator, Almoustapha Toure, specifically to handle child
trafficking issues, as opposed to general child labor issues; however,
there was no information available on his efforts by year's end.
An estimated 15,000 Malian children between the ages of 9 and 12
have been sold into forced labor on cotton, coffee, and cocoa farms in
northern Cote d'Ivoire over the past few years; an even greater number
were forced into domestic service. Organized networks of traffickers
deceived the children and their families into believing that they would
be given paid jobs outside of their villages. They then were sold to
plantation owners for sums ranging between $20 and $40 (14,500 and
29,000 CFA francs). The children reportedly were forced to work 12
hours per day without pay, and often they were abused physically.
The Government took some steps to halt child trafficking and
repatriate children to the country from Cote d'Ivoire; however, there
was no estimate of the number of children in Cote d'Ivoire. In 2001
more than 300 children were returned to their families from Cote
d'Ivoire. This figure represented the number of children who were
assisted at the Malian welcome centers; children who returned home
without first going through a welcome center were not counted. At
year's end, approximately 10 traffickers arrested in Sikasso in 2001
had been charged, but no information on trial dates was available.
__________
MAURITANIA
Mauritania is a highly centralized Islamic Republic dominated by a
strong presidency. The 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 1992 as head of an
elected civilian government. The President heads the ruling Republican
Social Democrat (PRDS) party. Taya was reelected President with more
than 90 percent of the vote in 1997 elections widely regarded as
fraudulent. The next presidential elections are scheduled for 2003. The
banning of two opposition parties during the year diminished the
opposition's gains in the 2001 municipal and National Assembly
elections, considered generally fair and transparent following the
introduction of hard-to-falsify voter identification cards and
published, revised voter lists. Under the Constitution's indirect
electoral process, one opposition candidate succeeded in the April
Senate elections. The Constitution provides for an independent
judiciary; however, the judiciary was subject to significant pressure
from the executive through its ability to influence judges.
The civilian authorities maintained effective control of the
security forces, which included the regular armed forces, the National
Guard, the Gendarmerie, and the police. The Ministry of Defense
directed the armed forces and Gendarmerie; the Ministry of Interior
directed the National Guard and police. The armed forces were
responsible for national defense. The National Guard performed police
functions throughout the country in areas in which city police were not
present. The Gendarmerie was a specialized paramilitary group
responsible for maintenance of civil order in and outside metropolitan
areas. Some members of the security forces committed human rights
abuses.
The country had an estimated population of 2.7 million and had a
market-oriented economy. Drought, desertification, and insect
infestation have contributed to rapid urbanization, extensive
unemployment, pervasive poverty, and a burdensome foreign debt. The
Government was slow in implementing social programs identified in a
2000 Poverty Reduction Strategy Paper, which set targets for using debt
relief proceeds to generate private sector development and improved
access to education and health care for all segments of society in all
parts of the country. 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, impeded economic growth.
The country received foreign assistance from bilateral and multilateral
sources.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained.
Democratic institutions remained rudimentary, and the Government
circumscribed citizens' ability to change their government. There were
fewer reports that police used undue force in controlling crowds or
demonstrations. Some members of the security forces used excessive
force, beat, or otherwise abused detainees, and used arbitrary arrest
and detention and illegal searches; however, there were no reports of
killing by security forces. The Government failed to bring to justice
officials who committed abuses, and impunity remained a problem. Prison
conditions were harsh. Pretrial detention continued; however, the
length of pretrial detentions was shorter due to improved organization
of the courts. The Government continued its program of judicial reform
and training; however, the right to a fair trial was not always
realized. At times the Government restricted freedom of speech and of
the press. The Government restricted freedom of assembly, and limited
the freedoms of association and religion. The Government banned two
political parties. The Government continued to refuse to recognize
officially some nongovernmental organizations (NGOs) and human rights
organizations. Discrimination against women continued, and female
genital mutilation (FGM) 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 or Peuhl), Soninke, and Wolof, remained underrepresented
in political life and some of their members felt excluded from
effective political representation. Child labor in the informal sector
was common. There continued to be reports that slavery in the form of
forced and involuntary servitude persisted in some isolated areas, that
unofficial, voluntary servitude persisted, and that former slaves
continued to work for former masters or others.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
There was no development in the case of the 2001 killing of a
Senegalese fisherman.
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, there were reports that police beat
criminal suspects in custody. There were fewer reports that police used
undue force in controlling public crowds or breaking up demonstrations
that took place (see Section 2.b.).
In April police detained for several days, but eventually released
uncharged Mohamed Baba Ould Said, Bechir Ould Moulaye El Hassen,
Mohamed Fall Ould Oumer, and Mohamed Salem Ould Ahlou Ould Sidi Yaaraf
primarily for conducting activities on behalf of the overseas-based
organization ``Conscience and Resistance'' that opposed the Government.
In June Ould Said filed a complaint in French courts alleging police
tortured him during his detention. Within days of release Ould Sidi
Yaaraf, in a conversation with leader of the NGO SOS Esclaves, Boubacar
Ould Messaoud, and others alleged that police had tortured him. Ould
Messaoud publicized the allegation and was arrested but released
unharmed (see Section 1.d.). The Government produced a document Yaaraf
signed denying the allegation; however, reliable reports indicated that
Yaaraf signed the document under duress. Based on the document and a
doctor's statement, the Government denied torturing Yaaraf; however, it
did not conduct an investigation by year's end.
There were no developments in the July 2001 beating of two persons
detained in Aioun.
In October a French court refused a motion to dismiss judicial
proceedings that continued in absentia against Captain Ely Ould Dah, a
Black Moor charged with torturing in Mauritania in 1990 and 1991 two
Halpulaar who later gained political refugee status in France.
Prison conditions remained harsh; however, serious overcrowding in
Nouakchott's prison no longer was a problem. In other prisons, serious
overcrowding persisted and sanitation facilities remained inadequate
and reportedly contributed to diseases such as tuberculosis, diarrhea,
and dermatological ailments. Medical supplies, mainly provided by an
international NGO, remained insufficient in all prisons. Prisoners with
high-level government connections and families to bring them food,
medicines, and reading material fared better than the less privileged
or citizens from other countries. Budget allocations to improve food
and nutrition, medical services and supplies, and new bedding and
cleaning supplies were not sufficient, and there were no improvements
to prison food, health, hygiene, and family contacts during the year.
New guard force management continued to enforce regulations against
beatings and torture; however, there were reports of beatings of
detainees at the Commissariat outside the Nouakchott prison. The
overall prison capacity was 700 and the prison population was 1,397 in
September. The prison population in Nouakchott was 584 persons. There
were 534 men, 26 women, and 24 minors; minors were held in separate
facilities.
Female prisoners have separate facilities with a communal garden.
Children of female prisoners remained with their mothers or the
Ministry of Justice gave temporary custody of the children to another
family member. The Noura Foundation, an NGO working in the prison,
continued to provide a program of education and microenterprise
projects to the female prisoners. UNICEF, in collaboration with the
French organization CARITAS, provided increased services, including
training and sports in the juvenile detention centers. The Government
cooperated with an NGO to provide training for female guards who worked
at the women's prison. A doctor and nurse assigned to the men's prison
also provided medical care for the women's and children's prison, but
the infirmary remained understaffed.
Pretrial detainees generally were held separately from convicted
prisoners; however, at times they were held with prisoners.
The Government permitted prison visits by NGOs, diplomats, and
international human rights observers. Foreign diplomats visited some
prisons during the year. The International Committee of the Red Cross
(ICRC) had access to prisons, but did not conduct prison visits during
the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, police arbitrarily
arrested and detained citizens. The 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 can detain persons for up to 30 days in national
security cases. Only after the prosecutor submitted charges did a
suspect have the right to contact an attorney. There was a provision
for granting bail, but it was used rarely.
Security forces continued to use arbitrary arrest, detention, and
intimidation against opposition parties and others. In May police
detained but released uncharged the leader of the unrecognized NGO SOS
Esclaves after he publicized the alleged torture of Mohamed Salem Ould
Ahlou Ould Sidi Yaaraf (see Section 1.c.).
In November security forces arbitrarily arrested, detained, and
released uncharged seven persons who refused to allow a local
businessman to drill a well on communal lands near Kaedi.
Unlike in the previous year there were no reports that police
arrested members of the banned opposition party Union of Democratic
Forces-New Era (UFD-A).
Human rights activists reported that police showed greater respect
for legally mandated procedures and that prison administration
continued to show improvement; however, pretrial detention after
arraignment often was prolonged. An estimated 15 to 20 percent of those
in prison had not yet been tried, or were awaiting sentencing following
their trials. Some indicted detainees were released before trial
without explanation; familial, tribal, or political connections could
explain some of these cases.
There is no provision in the law regarding exile; however, there
were no reports of forced exile during the year. The Government
continued to welcome the return of any citizens who had been expelled
or who had fled from 1989-91.
e. Denial of Fair Public Trial.--The Constitution provides for the
independence of the judiciary; however, in practice the executive
branch exercised significant influence over the judiciary through its
ability to appoint and pressure judges. In addition, poorly educated
and poorly trained judges who were susceptible to social, financial,
tribal, and personal pressures limited the judicial system's fairness.
There was a single system of courts with a modernized legal system
that conformed with the principles of Islamic law (Shari'a).
Departmental, regional, and labor tribunals were the courts of first
instance at the lower level. The 53 departmental tribunals, composed of
a president and magistrates with traditional Islamic legal training,
heard civil cases involving sums less than $39 (10,000 ouguiya) and
family issues, such as domestic, divorce, and inheritance cases. A
total of 13 regional tribunals accepted appeals in commercial and civil
matters from the departmental tribunals and heard misdemeanors. Three
labor tribunals, composed of a president and two assessors (one who
represented labor and one who represented employers), served 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,) heard appeals from the regional courts and had original
jurisdiction for felonies.
The Supreme Court nominally was independent and was headed by a
magistrate appointed to a 5-year term by the President. The Supreme
Court reviewed decisions and rulings made by the courts of appeal to
determine their compliance with the law and procedure. Constitutional
review was 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 was undertaken by the Supreme Council of
Magistrates, over which the President presided; the president and
senior vice president of the Supreme Court, the Minister of Justice,
three magistrates, and representatives from the Senate and National
Assembly were members of this Council. The annual review was intended
to determine whether courts applied the law correctly and followed
proper procedures. Reviews also served as a basis for evaluating the
reform process and reassigning judges based on their qualifications.
The minimum age for children to be tried was 12. Those between the
ages of 12 and 18 were tried and sentenced to the juvenile detention
center (see Section 1.c.). There was a special court to hear the cases
of children under the age of 18. Children appearing before the court
received more lenient sentences than did adults, and extenuating
circumstances received greater consideration in juvenile cases.
With international assistance, the Government continued a program
to improve judicial performance and independence, which consisted of
organizing all laws and statutes into a single reference text and
training officials throughout the justice system. Separate tribunals
for specific types of disputes held court sessions more frequently. The
Government continued to hold security officials accountable and
prosecuted officials for abuses, which has improved the public
perception of the judicial system.
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, had the
legal right to representation by counsel during the proceedings, which
were open to the public. If defendants lacked the ability to pay for
counsel, the court appointed an attorney from a list prepared by the
National Order of Lawyers, which provided a defense free of charge. The
law provides that defendants may confront witnesses, present evidence,
and appeal their sentences, and these rights generally were observed in
practice.
Shari'a provides the legal principles upon which the law and legal
procedure are based, and because of the manner in which Shari'a was
implemented in the country, courts did not treat women as the equals of
men in all cases (see Section 5).
Members of the opposition party FP claimed that party leader
Mohamed Lemine Ch'bih Ould Cheikh Malainine was a political prisoner
and that his June 2001 conviction for conspiracy was a charade (see
Section 1.d.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law requires judicial warrants in order to execute
home searches; however, the authorities reportedly often ignored this
requirement.
Government surveillance of dissidents and the political opposition
was believed to continue; however, the extent to which the Government
used informants was unknown.
There were a number of reports that some government officials
misappropriated land under the land reform system, confiscating the
land of southern ethnic groups or the land traditionally held by
Haratines and distributing it to their own friends and family (see
Section 6.c.). The land reform law was to provide land for rural
landless persons, including White and Black Moor victims of
desertification in the northern and central regions and for returning
southerners who had been expelled from 1989 to 1991. The reform aimed
to increase the amount of land under cultivation by leasing
uncultivated land to those with the means to cultivate it. However,
there may have been a net redistribution of land from southerners and
Haratines to White Moors under that program, since the south has been
affected less by desertification than the more northerly regions
historically inhabited by the Moors. Anecdotal evidence suggested that
no more than 20 percent have received land.
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 continued
to restrict these rights through prepublication press censorship by the
Interior Ministry. Two daily newspapers, Horizons and Chaab, and all
broadcast media (radio and television) were government-owned and
operated. NGOs and the privately owned press openly criticized the
Government and its leaders. Antigovernment tracts, newsletters, and
petitions circulated widely in Nouakchott and other towns.
All newspapers must register with the Ministry of the Interior.
There were more than 300 journals and newspapers registered with the
Ministry of the Interior, more than 200 of which did not publish
regularly, including some that never have published an edition. There
only were approximately 25 privately owned newspapers that published on
a regular basis. These journals were weeklies and reached limited
audiences, printing at most 3,000 copies of any 1 edition. The
Government issued press cards to journalists and required that they
show this identification for participation in official press events.
Publications were exempt from all taxes on materials used to produce
newspapers, journals, or books for the private press.
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 reviewed all newspaper copy prior to
publication and usually authorized 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. During the year, the authorities seized 11 issues of
different journals.
There were no developments in the 2000 cases of the banning of the
weekly newspaper Al Alam or the Government's suspension of the
accreditation of a Middle East Information Agency representative.
Radio was the most important medium in reaching the public, and the
official media strongly supported government policies. The Government
continued to deny private applications to establish domestic radio
stations. During the October 2001 legislative and municipal election
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, as well as in
the private press. Opposition parties' access to government radio
broadcast facilities at other times was limited.
Using satellite receivers and dish antennas, citizens could receive
worldwide television broadcasts.
There were three domestic Internet service providers, which
operated without governmental restrictions. Internet connections
existed in Nouadhibou, the major commercial center, and ten other
regional capitals. Some private newspapers also maintained websites,
which the Government did not censor.
The Government did not restrict academic freedom, and there were no
cases in which the Government prevented research or publication or
censored lectures. The country's one university was government-funded
and operated.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in practice. The law requires that all recognized political
parties and NGOs apply to the local prefect for permission for large
meetings or assemblies. In April the Government temporarily banned all
public demonstrations and refused to grant permits to demonstrators in
response to widespread demonstrations on the situation in the Middle
East.
There was no action taken against authorities who used force to
disperse demonstrations in April 2001, July 2001, April 2000, November
2000, and December 2000.
The Constitution provides for freedom of association; however, the
Government limited this right in practice and circumscribed 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 and labor unions remained the same. At least 15
political parties and a wide array of NGOs, many of them highly
critical of the Government, functioned openly, issued public
statements, and chose their own leadership; however, the Government has
banned or refused to authorize several parties. The Government did not
recognize any new NGOs or associations during the year; however, there
were more than 600 such organizations in the country. The Government
has not yet granted some NGOs official standing but did not prevent
them from functioning. Among these were the Mauritanian Association for
Human Rights (AMDH) and SOS-Esclaves (an antislavery NGO), which the
Government claimed potentially were divisive in that they appealed to
specific ethnic groups, namely the southern and Black Moor communities.
In January the Government banned the Action for Change (AC) party,
claiming it incited racism and violence and attempted to disrupt
national unity; however, the four AC deputies elected in October 2001
retained their seats as independents. In August the Government refused
to authorize the new Convention for Change (CC) party, citing
constitutional prohibitions against ethnic-based parties; CC organizers
asserted the party was not ethnic-based. The UFD-A, the major
opposition party remained banned at year's end.
The Taliaa (Vanguard) party also remained banned at year's end
because of ``cooperation with a foreign party, accepting foreign funds
for political propaganda, and carrying out illegal acts.''
In June the Government interfered in the election of the head of
the National Order of Lawyers by manipulating procedures, exerting
influence on certain members of the organization, and using police to
restrict access to the organization's meetings.
In October the Government pressured the management of a Nouakchott
hotel to deny accommodations for a meeting of opposition parties; the
meeting took place at a different location.
In December the Government prevented a lawyer opposed to the
Government's interference in these activities from holding a press
conference at a Nouakchott hotel.
c. Freedom of Religion.--The Constitution establishes the country
as an Islamic republic and decrees that Islam is the religion of its
citizens and the State; the Government limited freedom of religion.
However, Christians in the foreign community and the few Christian
citizens practiced their religion openly and freely.
The Government did not register religious groups; however, NGOs had
to register with the Ministry of the Interior (see Section 2.b.); this
included humanitarian and development NGOs affiliated with religious
groups.
Although there is no specific legal prohibition against
proselytizing by non-Muslims, in practice the Government prohibited
proselytizing by non-Muslims through the use of Article 11 of the Press
Act, which bans the publication of any material that is against Islam
or contradicts or otherwise threatens Islam. However, there were no
reports that the Government punished persons for violating Article 11
during the year. The Government views any attempts by Christians to
convert Muslims as undermining society; however, the Government also
restricted suspected Islamic extremists. In November and December, the
Government attempted to identify the authors of tracts warning possible
proselytizers to stop their activities, and halted the circulation of
the tracts. There were no known non-Muslim groups engaging in
proselytizing, and foreign Christian NGOs limited their activities to
humanitarian and development assistance.
Under Article 11, the Government may restrict the importation,
printing, or public distribution of Bibles or other non-Islamic
religious literature, and in practice Bibles neither were printed nor
publicly sold in the country. However, the possession of Bibles and
other Christian religious materials in private homes was not illegal,
and Bibles and other religious publications were available among the
small Christian community.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, in some regions, persons lacking identity cards could not
travel freely.
For several years, the Government set up roadblocks where
gendarmerie, police, or customs officials checked the papers of
travelers and often demanded bribes. During the year, the Government
generally maintained fewer roadblocks than in previous years, and
reduced the time taken in questioning and conducting vehicle searches.
There were fewer reports of more stringent searches in the southern
border areas. However, the number of roadblocks throughout the country
increased temporarily in December without explanation.
Of the approximately 70,000 members of largely southern-based
ethnic groups who were expelled by the Government or fled to Senegal
and Mali during the 1989-91 crisis, almost all have returned or
resettled in those countries. The Government has stated since 1993 that
any citizen outside the country may return; however, the Government,
the countries of asylum, and the U.N. High Commissioner for Refugees
(UNHCR) have signed no tripartite repatriation agreements. The UNHCR
estimated that there were between 15,000 and 20,000 refugees remaining
in Senegal, although refugees have continued to return independently in
small numbers and have benefited from small-scale agroforestry, health,
and sanitation projects continued by NGOs and humanitarian workers.
Cooperation by local authorities in addressing restitution and
citizenship matters varied greatly, depending on individual officials
and the returnee's region. Repatriation efforts 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
improved considerably. Many returnees received their original homes,
some property, and all or a portion of their land (see Section 1.f.).
Timely restoration of identity papers varied, and some of those who
returned in 1995 have not yet received identification cards. In some
regions, persons lacking identity cards could not travel freely.
The law does not provide for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol; however, in practice the
Government accepted the UNHCR recommendations on the granting of asylum
and refugee status. The Government cooperated with the UNHCR and other
humanitarian organizations in assisting refugees. In recent years, the
Government has provided first asylum to refugees from neighboring
countries including Liberia, Sierra Leone, Senegal, Cote d'Ivoire,
Mali, and Guinea-Bissau. The Government also has accepted the UNHCR's
registration of approximately 200 asylum seekers, mostly from Sierra
Leone and Liberia.
The country hosted more than 50,000 nationals of other West African
countries who sought refuge and employment, primarily in Nouakchott and
Nouadhibou. An estimated 60 percent of the country's small craft
fishermen were Senegalese. There was a population of approximately 300
Sierra Leoneans living in Nouakchott. Some arrived more than 10 years
ago and were employed fully. Approximately 225 of these have been
granted refugee status and received UNHCR assistance.
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; however, the Government restricted this right in practice.
Although civilians occupied 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.
President Taya won an overwhelming victory in the 1997 presidential
election, although his opponents did better in the cities than in the
rural areas. The official turnout of 75 percent and the winning
percentage of 90 percent were inflated, because 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 outcome of the election was marred by fraud on all
sides, including pervasive government intervention to support
candidates from the ruling party. The election was boycotted by a
coalition of four opposition parties that had demanded enhanced media
access, an opposition role in election preparation, creation of an
independent electoral commission, enlargement of the commission charged
with revision of the electoral list, and provision of official copies
of the voting report from each polling station to representatives of
each candidate. During the election campaign, the Government granted
the opposition access to the official media, but did not meet the other
demands. The next presidential elections are scheduled for 2003.
One-third of the Senate was elected by the indirect balloting of
municipal councils every 2 years; the latest elections were held in
April for 19 of the 56 seats. The elections generally were well
organized; however, international observers noted that government
manipulations weakened the chances for opposition candidates. In
contrast to the boycotts and limited participation in the 2000 Senate
elections, six opposition parties ran candidates, and no parties
boycotted the April elections. For the first time, an opposition (Rally
for Democracy-RFD) candidate was elected to the Senate. In addition,
two women also were elected to the Senate.
In October 2001 legislative and municipal elections, 15 opposition
parties presented candidates for election. The Government introduced a
hard-to-falsify voter identification card, revised and published all
voter registration lists, used transparent ballot boxes, and allowed
full access for a representative of each party to observe the entire
voting process, including ballot counting, in every precinct. However,
due to resource constraints, not all parties sent observers to all
polling stations. No visiting international groups observed the
elections, but foreign diplomats and local observers noted that the
elections generally were fair and transparent with some irregularities,
such as voters casting ballots at two different polling stations in a
small number of precincts. Security forces avoided involvement in
politics; by law members of the military must resign if they wish to
participate in partisan politics. Except during the election campaign,
the Government denied the political opposition full access to
government media or the ability to compete on an equal footing (see
Section 2.a.). The FP party, which opposes diplomatic relations between
the country and Israel, gained one seat in the legislative elections,
and eight municipal council seats either outright or in coalition with
other parties.
The country is divided into 13 provinces, including the capital
district of Nouakchott; each province is divided into prefectures. The
Government appointed the Walis (governors) and Hakems (prefects).
Municipal councils were elected by general ballot, and they elected
their mayors, usually the lead candidate of the majority party's list.
Most government services were provided by the central government. The
elected councils were responsible for some public services such as
sanitation and had fiscal autonomy and taxing authority. Their
administrative staff was independent of the Government. The councils
elected the national Senate.
Women have the right to vote and formed the majority of voters in
the October 2001 elections. Women occupied some senior government
positions: Four cabinet-level posts including the cabinet-level post in
charge of information, one secretary-general post, and two senior
presidential advisors (including a Haratine). In addition, for women
served as senior advisors to ministers. Women were well represented in
the Secretariat of Women's Affairs, including a number from minority
ethnic groups. There were 4 women in the 81-seat National Assembly and
3 women in the 56-seat Senate. A total of 3 of the 14 members of the
Executive Bureau of the ruling PRDS were women, and a woman headed the
UDP party, a part of the ruling coalition.
Minorities such as the Haratines, Halpulaars, Soninkes, and Wolofs
were underrepresented in senior government positions. Of the
Government's 20 ministerial posts, 2 incumbents were Haratine, 2 were
Halpulaar, and 1 was Soninke; the remaining 15 were of either White
Moor or mixed White Moor/Haratine ethnicity (see Section 5). The full
27-member Cabinet, including secretaries of state, had 3 Haratines, 3
Halpulaars, and 1 Soninke. The 56-member Senate had 3 Haratines, 4
Halpulaars, 3 Soninkes, and the remaining 46 were of either White Moor
or mixed White Moor/Haratine heritage. The 81-member National Assembly
had 9 Haratines, 8 Halpulaars, 2 Soninkes, and 2 Wolof.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were three human rights organizations concerned with overall
human rights issues. The oldest was the Mauritanian League for Human
Rights (LMDH), an independent, government-recognized body. A second
organization, the AMDH, still was unrecognized (see Section 2.b.).
While not affiliated with the opposition, the AMDH had many opposition
members. The AMDH was more critical of the Government than the LMDH,
particularly on the unresolved abuses of the 1989-91 period. The
International Study and Research Group on Democracy and Economic and
Social Development in Africa (GERDDES-Africa) has not been recognized
officially. The Government has not responded to the applications of
these organizations on the grounds that they were ethnically based
organizations that were divisive and in violation of the law; however,
the unrecognized organizations continued to carry out their activities
unimpeded. The Government was responsive to NGOs.
Other organizations, including 14 unregistered associations, also
addressed human rights issues. Two groups, SOS-Esclaves and the
National Committee for the Struggle Against the Vestiges of Slavery in
Mauritania, focussed their efforts on overcoming the country's vestiges
of slavery (see Section 6.c.). SOS-Esclaves particularly was active in
claiming that slavery remained pervasive and appealing to national and
international audiences to contribute to its eradication. SOS-Esclaves
leader Boubacar Ould Messaoud and other SOS-Esclaves members traveled
abroad freely during the year and made such claims during speaking
tours. In November Amnesty International published a report urging the
Government to implement more practical measures to counteract the
vestiges of slavery.
The Committee of Solidarity with the Victims of Repression in
Mauritania was 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 refugees in Senegal. The Collective
of Worker Victims of the 1989 Events sought redress for government
employees who lost their jobs in the events of 1989. The Committee of
the Widows and the Collective of Survivors focused on the sufferings of
the victims of the 1990-91 military purge and their families. The
Collective of Survivors of Political Detention and Torture sought
redress for abuses committed during the 1986-87 period. These groups
and other groups of individuals with common concerns functioned openly
and actively, but their efforts were circumscribed somewhat because
they were not recognized officially (see Section 2.b.). The Coalition
of Human Rights NGOs was an umbrella organization for 12 of these
organizations; it represented the group in various forums, including
representations to foreign embassies.
The only international association concerned with human rights to
visit the country during the year was the ICRC, which makes routine
annual visits. The Executive signed the legislation in July 2000
governing the procedures and conditions under which international NGOs
could conduct business in the country; however, regulations still were
not implemented by year's end. This legislation would facilitate the
legal right for NGOs to conduct their work by providing for duty free
imports, licensing of vehicles, and other provisions. Some
international development NGOs operated under direct agreements with
the Government, but most have been working without governing
regulations.
Section 5. Discrimination Based on Race, Sex, 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 favored individuals on the basis of ethnic and tribal
affiliation, social status, and political ties. Societal discrimination
against women, strongly rooted in traditional society, was endemic,
although the situation continued to improve.
Women.--Abuse and domestic violence is illegal, and, human rights
monitors and female lawyers reported that domestic violence was rare,
particularly among the Moor population. The police and judiciary
occasionally intervened in domestic abuse cases, but women in
traditional society rarely sought legal redress, relying instead upon
family and ethnic group members to resolve domestic disputes. Rape,
including spousal rape, is illegal, but there were no known arrests or
convictions under this law. The incidence of reported rape was low; it
occurred, but newspaper accounts of attacks were rare.
Traditional forms of mistreatment of women continued, mostly in
isolated rural communities, but these practices appeared to be on the
decline. One form of such mistreatment was the forced feeding of
adolescent girls (gavage), which was practiced only among the Moors.
While there was no law prohibiting gavage, the Government made it a
policy to end the practice. Experts previously estimated that between
60 and 70 percent of women experienced gavage but concluded that very
few Moor women continued to experience gavage.
FGM was practiced among all ethnic groups except the Wolof. It was
performed most often on young girls, often on the 7th day after birth
and almost always before the age of 6 months. Among Halpulaar women,
more than 95 percent underwent FGM. Results of a foreign-funded study
indicated that 66 percent of those who performed FGM recognized that
the practice was detrimental to women's health, and 54 percent of imams
agreed that the practice was dangerous. Local experts agreed that the
least severe form of excision was practiced, and not infibulation, the
most severe form of FGM. The practice of FGM has decreased in the
modern urban sector.
The Government continued intensive media and educational campaigns
against FGM during the year. It was a clear public policy of the
Government, through the Secretariat of Women's Affairs, that FGM should
be eliminated, and the Government barred hospitals from performing it.
Public health workers and NGOs educated women on the dangers of FGM,
emphasizing FGM was not a requirement of Islam. According to several
women's rights experts, the campaign against FGM appeared to be
changing attitudes towards the practice.
Women have legal rights to property and child custody, and, among
the more modern and urbanized population, these rights were recognized.
By local tradition, a woman's first marriage, but not subsequent
marriages, required parental consent. In accordance with Shari'a as
applied in the country (see Section 1.e.), marriage and divorce did not
require the woman's consent, polygyny was allowed, and a woman did not
have the right to refuse her husband's wish to marry additional wives.
In practice polygyny was very rare among Moors but was common among
other ethnic groups. Arranged marriages also increasingly were rare,
particularly among the Moor population. Women frequently initiated the
termination of a marriage, which most often was done by repudiation of
husband or wife rather than divorce. It also was common in Moor society
for a woman to obtain, at the time of marriage, a contractual agreement
that stipulated that her husband must agree to end their marriage if he
chose an additional wife. The rate of divorce among Moors was 37
percent, and the remarriage rate after divorce was 72.5 percent.
Women still faced legal discrimination (see Section 1.e.). The
testimony of two women was necessary to equal that of one man. In
addition to awarding an indemnity to the family of a woman who has been
killed, the courts would grant only half the amount that they would
award for a man's death. For commercial and other modern issues not
addressed specifically by Shari'a, the law and courts treated women and
men equally. The Personal Status code provides a framework to
regularize the prevailing Shari'a-based family law, which without
defining legislation had been applied unfairly. For example, formulas
applied to property distribution varied widely from case to case. In
addition, the validity of and right to establish prenuptial agreements
was not respected always. However, women did not face legal
discrimination in areas not addressed specifically by Shari'a. The law
provides that men and women receive equal pay for equal work. While not
applied universally in practice, the two largest employers, the civil
service and the state mining company, respected this law. In the modern
wage sector, women also received family benefits, including 3 months of
maternity leave.
The Government sought 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. In 2000 the first female Acting Police
Commissioner was appointed in the capital and also began serving as
Chief Investigator in the same police station. In 2000 approximately 70
jurists and female lawyers established an association of female
jurists.
The Secretariat for Women's Affairs worked with many NGOs and
cooperatives to improve the status of women. The Government, women's
groups, and national and international NGOs organized meetings,
seminars, and workshops throughout the year to publicize women's
rights.
Children.--The law makes special provision for the protection of
children's welfare, and the Government had programs to care for
abandoned children; however, these programs were hampered by inadequate
funding. The Government relied on foreign donors in such areas as child
immunization.
The Government required attendance at school for 6 years, but full
implementation of universal primary education was not scheduled to be
completed until at least 2007, primarily because the Government lacked
the financial resources to provide educational facilities and teachers
throughout the country, especially in remote areas. Education received
the largest share of the national budget at 13.5 percent. There only
was a slight increase in attendance from the previous year, in which
the school enrollment rate was 86.5 percent. There were no legal
restrictions on the education of girls. Girls constituted 48.8 percent
of all children enrolled in school in 1998. An estimated 84 percent of
school-age girls attended elementary school in 1998 and 1999 compared
with 88 percent for boys. At the secondary level, female students
constituted 37.4 percent of those enrolled. Despite these increases,
enrollment in the eastern part of the country, the Brakna, and along
the Senegal River remained at a lower level. Female students made up 17
percent of the university's 1998-99 enrollment. Female students also
constituted 30.5 percent of students enrolled in technical schools. The
literacy rate for women was 36 percent, compared with 50 percent for
men. Almost all children, regardless of sex or ethnic group, attended
Koranic school between the ages of 5 and 7 and gained at least
rudimentary skills in reading and writing Arabic (see Section 2.c.).
FGM was performed commonly on young girls (see Section 5, Women).
Local NGOs estimated that there were more than 250 street children;
however, the Government has implemented a program to assist families
with street children and to encourage their school attendance.
Persons with Disabilities.--The law does not provide specifically
for persons with disabilities, and the Government does not mandate
preference in employment or education or public accessibility for
persons with disabilities; however, it did provide some rehabilitation
and other assistance for persons with disabilities. NGOs increasingly
have become active in raising public awareness of issues affecting
persons with disabilities. The school for the deaf and the blind in
Nouakchott operated 6 classrooms and enrolled 31 students (18 girls and
13 boys) during the year; however, the school lacked sufficient trained
staff.
There was no societal discrimination against persons with
disabilities.
National/Racial/Ethnic Minorities.--Ethnic minorities and low-caste
individuals--such as members of the blacksmith and musician castes--
among all ethnic groups faced societal discrimination. Ethnic and
cultural tension and discrimination arose 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 were divided among numerous ethno-linguistic
clan groups and were distinguished racially as Beydane and Haratine, or
White Moors and Black Moors, although it often was difficult to
distinguish between the two groups by skin color. The majority of those
known as Black Moors were Haratine, literally meaning ``one who has
been freed,'' although some Black Moor families never were enslaved.
``White'' Moors, large numbers of whom were dark-skinned after
centuries of intermarriage with members of sub-Saharan African groups,
dominated positions in government and business. The Haratine have
remained politically weak and disorganized; poverty, migrations, and
isolation of their communities have prevented the Haratine from
realizing the political power inherent in their numbers. The Halpulaar
(the largest non-Moor group), the Wolof, and the Soninke ethnic groups
were concentrated in the south and were underrepresented in the
military and security sectors.
The Constitution designates Arabic, Pulaar, Soninke, and Wolof as
the country'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.
A number of accounts indicated 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 (see Section 1.f.). Ethnic tensions surfaced
dramatically in the mass expulsions of southern-based ethnic groups--
mostly Halpulaars--in 1989 and 1990 and the purge of Halpulaars from
the military in 1991. An upsurge of Arab nationalism among White Moors
during the 1980s contributed to 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 persisted, and continued to be
aggravated by climatic, land, and population pressures.
Ethnic rivalry significantly contributed to political divisions and
tensions. Some political parties tended to have readily identifiable
ethnic bases, although political coalitions among them increasingly
were important.
A number of accounts suggest that some members of the long-dominant
White Moor community, which traditionally enslaved darker skinned
groups, may continue to expect or desire servitude on the part of
members of the generally darker-skinned Black Moors and southern ethnic
groups, and that such attitudes may impede efforts to build a
nondiscriminatory society and to eliminate the vestiges of slavery and
consequences of slavery, goals to which both the Government and major
opposition parties were committed. There were indications that racism
on the part of some White Moors may have contributed both to the
persistence of such 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 servitude to the 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.
The legacy of caste distinctions continued to affect the status and
opportunities available to various groups. For example, in some groups,
individuals of a higher caste who sought to marry someone of a lower
caste could be barred by their families or by the community, and in
Soninke communities members of the slave caste could not be buried in
the same cemetery as other castes.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association and the right of citizens to join any labor
organization. All workers except members of the military and police
were free to associate in and establish unions at the local and
national levels. The majority of the labor force was in the informal
sector, with most workers engaged in subsistence agriculture and animal
husbandry; only 25 percent were employed in the wage sector. However,
nearly 90 percent of industrial and commercial workers were organized.
The Labor Code does not restrict trade union pluralism, and there
were four labor confederations: The Union of Mauritanian Workers (UTM),
the General Confederation of Mauritanian Workers (CGTM), the Free
Confederation of Mauritanian Workers (CLTM), and the General Union of
Mauritanian Workers (UGTM). The UGTM was the newest, founded in
September, and was the most closely allied with the ruling PRDS. Many
workers still viewed UTM, the oldest confederation, as also closely
allied with the Government and the ruling PRDS. It has lost ground to
the CGTM and the CLTM. The CGTM was not affiliated with any party,
although most of its members tend to favor the opposition. The CLTM was
associated with the AC opposition party. There also were four
unaffiliated professionally based labor unions.
The Government provides funds to the confederations in proportion
to their memberships. All 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.
International trade union activity continued. The Government
included CGTM, UTM, and CLTM representatives in its delegation to the
International Labor Organization (ILO) in June 2000. The national
federations continued to organize training workshops for their
memberships throughout the country. In November the CGTM organized ILO-
funded training to educate its members on the fundamental rights of
workers, and to reinforce dialog between the Government, trade unions,
and employers.
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.
Unions were free to affiliate internationally. The UTM participated
in regional labor organizations. The CGTM and UTM were both members of
the International Confederation of Free Trade Unions (ICFTU). The UTM
was a member of the Organization of African Trade Union Unity (OATUU),
but the CGTM's application was not accepted, as the OATUU only accepts
one member federation from each country.
b. The Right to Organize and Bargain Collectively.--The law
provides that unions may organize workers freely without government or
employer interference, although to be legally recognized a union was
required to have the authorization of the Public Prosecutor. General or
sector agreements on wages, working conditions, and social and medical
benefits were negotiated in tripartite discussion and formalized by
government decree. Wages and other benefits also could be negotiated
bilaterally between employer and union and the results of such
negotiations were filed with the Directorate of Labor. Although the
Directorate had the ability to change the negotiated settlement between
labor and business, there were no known cases of such action during the
year.
The law provides workers with the right to strike. Once all parties
agree to arbitration, the tripartite arbitration committee may impose
binding arbitration that automatically terminates any strike. Strikes
in the private sector had to be preceded by submission of a
nonconciliation or negotiation-breakdown report. Some trade union
representatives state that there was little social dialog except in
response to worker actions in a dispute. In October and November, the
CLTM and CGTM supported a strike by stevedores at ports and warehouses.
The strike ended after negotiations produced a 45 percent wage
increase.
The Government in theory can dissolve a union for what it
considered an ``illegal'' or ``politically motivated'' strike; however,
there were no instances in which the Government did this. No unions
were disbanded during the year.
The ILO Committee of Experts noted that compulsory arbitration
effectively prohibited strikes and asked the Government to bring its
legislation into compliance with the requirements of ILO Convention 87
on Freedom of Association and Protection of the Right to Organize;
however, there was no government action by year's end.
There are no export processing zones (EPZs); however, the
Investment Code approved by the National Assembly in December 2001
provides for the creation of EPZs.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, the law only applies
to the relations between employers and workers, and there were reports
that such practices occurred. Although not legal, the country had not
yet criminalized slavery, therefore there was no legal remedy to
prosecute its occurrence. The ILO Committee of Experts has requested
that the Government take measures to extend the prohibition to any form
of forced labor and vestiges of forced labor.
Citizens continued to suffer the effects and consequences of the
practice of slavery and of caste distinctions over generations
including the traditional existence of a slave caste in both Moor and
southern (black African) communities. Slavery has been abolished
officially; however, widespread slavery also was traditional among
ethnic groups of the largely nonpastoralist south, where it had no
racial origins or overtones; masters and slaves both were black. The
south has suffered less from desertification, and some reports identify
it as the region in which vestiges and consequences of slavery
persisted most strongly.
A system of officially sanctioned slavery in which government and
society joined to force individuals to serve masters did not exist.
There has been no open trading in slaves for many years; however, there
continued to be unconfirmed reports that slavery in the form of forced
and involuntary servitude persisted in some isolated areas. Unofficial
voluntary servitude persisted, 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 used the designation of
slave in referring to themselves or others. The reasons for the
persistence of such practices appeared to be economic, psychological,
and religious, although they varied widely between the different ethnic
groups. Poverty, persistent drought, and a weak economy provided few
economic alternatives for many and left some former slaves vulnerable
to exploitation by former masters. There were reports that some former
slaves in some sedentary communities have continued to work for their
former masters or others without renumeration in order to retain access
to the land they traditionally farmed, although the law provides for
distribution of land to the landless, including to former slaves, and
this law has been enforced in many cases (see Section 1.f.). Deeply
embedded psychological and tribal bonds also made it difficult for many
individuals who had generations of forebears who were slaves to break
their bonds with former masters or their tribes. Some persons continued
to link themselves to former masters because of the belief that their
slave status had been ordained religiously, and due to fear of
religious sanction if that bond was broken.
Adults may not be obliged by law to remain with former masters nor
could they be returned if they leave. However, adult females with
children faced greater difficulties and could be compelled to remain in
a condition of servitude. For example, in some cases, especially where
the former master claimed to be the father, former masters refused to
allow children to accompany their mothers when the mother left the
master. In other cases, the greater economic responsibility of
supporting a family may have been the principal impediment to a woman
seeking a new life.
Problems related to the vestiges and consequences of slavery
usually entered 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. In most cases involving custody
disputes between former masters and former female slaves, the courts
have been instructed by the Minister of Justice to rule in favor of the
women, and virtually all custody cases that have been tried were
decided in favor of the women; however, court adjudication of such
cases has been rare. The determination of such cases was problematic
because there was polygyny, ``secret'' marriages, no written records,
and divorce by repudiation (see Section 5). In some cases involving
land tenure, courts reportedly have not upheld the property rights of
former slaves.
NGO positions on the existence of slavery were not uniform. The
African Union's (AU) African Commission on Human and People's Rights
concluded that slavery did not exist as an institution and that the
persistence of vestiges of slavery was the more convincing explanation
of social relations. Anti-Slavery International has stated that there
was insufficient evidence to conclude whether or not slavery existed,
and that an in-depth, long-term study was required to determine whether
the practice continued; however, such a study has not been conducted or
planned.
Three NGOs--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--focused on issues
related to the history of slavery in the country. SOS-Esclaves
particularly was 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 NGOs also followed this issue
closely. The independent press, which included journals that were
published by Haratines and southern-based ethnic groups who emphasized
issues of importance to these ethnic groups, also was quick to report
any incident that came to its attention in which the rights of former
slaves were not respected.
The Commissariat for Human Rights, Poverty Alleviation, and
Integration's focus was to address the vestiges and consequences of
slavery. The Government focused on education, literacy, and agrarian
reform as the main means to eradicate the vestiges of slavery and
address its consequences. Classes were integrated fully, 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
affected adversely because of status as a former slave was poor. 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
pressure and the passage of time.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law provides that children cannot 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
had a functional labor inspectorate with the authority to refer
violations directly to the appropriate judicial authorities; however,
the Government lacked sufficient resources to enforce existing child
labor laws.
The 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. 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 were employed in
herding, cultivation, fishing, and other significant labor in support
of their families' activities. In keeping with longstanding tradition,
many children served apprenticeships in small industries and in the
informal sector. There was no child labor in the modern industrial
sector.
Children of slave families were allowed to attend school.
e. Acceptable Conditions of Work.--The minimum monthly wage for
adults was $38.71 (9,872 ouguiya). The national minimum monthly wage
did not provide a decent standard of living for a worker and family.
The standard, legal, nonagricultural workweek could not exceed
either 40 hours or 6 days without overtime compensation, which was paid
at rates that were graduated according to the number of supplemental
hours worked. Domestic workers and certain other categories worked 56
hours per week. The Labor Directorate of the Ministry of Labor was
responsible for enforcement of the labor laws, but in practice
inadequate funding limited the effectiveness of the Directorate's
enforcement.
The Ministry of Labor also was responsible for enforcing safety
standards but did so inconsistently, due to inadequate funding. In
principle workers could remove themselves from hazardous conditions
without risking loss of employment; however, in practice they could
not.
The law protects legal but not illegal foreign workers, and foreign
workers could join unions.
f. Trafficking in Persons.--The law prohibits trafficking in
persons, and there were no reports that persons were trafficked to,
from, or within the country.
__________
MAURITIUS
The Republic of Mauritius is a parliamentary democracy governed by
a prime minister, a council of ministers, and a national assembly. The
President, Karl Offman, who was nominated by the Prime Minister, Sir
Anerood Jugnauth, and confirmed by the National Assembly, served as
Head of State, with largely ceremonial powers. National and local
elections, supervised by an independent commission, take place at
regular intervals. According to international and local observers, the
national elections, held in September 2000, were free and fair and
resulted in a victory for an opposition coalition, the Mauritian
Socialist Movement/Militant Mauritian Movement (MSM/MMM). There were
numerous political parties, and partisan politics were open and robust.
The judiciary was independent.
A paramilitary Special Mobile Force under civilian control was
responsible for internal security. This force, commanded by the
Commissioner of Police, was backed by a general duty police force. Both
forces largely were apolitical, but were criticized for being
inadequately trained to prevent and control rioting. Some members of
the security forces committed serious human rights abuses.
The economy was based on labor-intensive, export-oriented
manufacturing (mainly textiles), as well as sugar and tourism. The
country's population was more than 1 million. The standard of living
was high, with a per capita gross domestic product of $3,900. The
Government was diversifying the economy by promoting investment in new
sectors such as information technology and financial services.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were
reports that police abused suspects and detainees and delayed suspects'
access to defense counsel. The Government's monopoly in broadcasting
local news and programming ended with the establishment of three
independent radio stations. The Government maintained control over the
nation's television stations. At times police restricted freedom of
assembly. Violence and discrimination against women and abuse of
children continued to be problems. There were some restrictions on the
rights of workers in the export processing zone (EPZ). Child labor,
forced child prostitution, and trafficking were problems. Mauritius was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--During the year,
there were two deaths in custody, one in April due to a reported
hanging and one in September due to a reported neck injury.
The results of the inquiries into the 2001 death in custody of
three persons were not released by year's end.
The investigation into the August 2001 beating to death of a man by
prisoners and a prison guard was ongoing at year's end.
The results of the August 2001 judicial inquiry into the 2000
police killing of Rajen Sabapathee had not been released by year's end.
Investigations continued into the 2000 cases of two persons who
died while in police custody, one from pneumonia and one from
poisoning.
The judicial inquiry continued into the 1999 death in police
custody of a popular Creole singer, Kaya, at year's end.
Trials of four Hizbullah suspects, particularly Hizbullah leader
Mohammad Fakemeeah (also known as Cehl Meeah), for the 1996 killings of
three rival Muslim political activists still were pending 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 law prohibits torture and inhuman punishment, and
authorities generally respected this prohibition; however, there
continued to be complaints of abuses by the police. The most frequent
form of alleged police abuse was the use of force to coerce a suspect
to sign a confession.
The investigation into the 2000 alleged police mistreatment of
arrested Hizbullah leader Cehl Meeah was pending at year's end.
In 2001 the National Human Rights Commission (NHRC), which
supervised the Complaints Investigation Bureau received 195 human
rights complaints, 71 of which were complaints of police brutality.
Prison conditions generally met international standards; however,
there were some deaths in prison. Food, water, and medical care were
available to all prisoners; sanitation was adequate. Women were held
separately from men, and juveniles were held separately from adults.
There were no reports of abuse of women or juveniles in prison.
Pretrial detainees were held separately from convicted prisoners.
There continued to be reports of deaths in police custody (see
Section 1.a.).
The Government permits prison visits by independent observers.
During the year, the press, the NHRC, and international organizations
made regular prison visits.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The Dangerous Drugs Act allows law
enforcement authorities to hold suspected drug traffickers for up to 36
hours without access to bail or legal counsel, and the law also permits
a 36-hour detention of suspects without legal counsel. In most cases,
suspects were provided prompt access to family and defense counsel;
however, police in some cases delayed suspects' access to defense
counsel. Minors and those who did not know their rights were more
likely not to be provided prompt access. In March the Government passed
the Prevention of Terrorism Act. Its passage generated a public outcry
in some quarters over the expanded powers that it gives the police to
combat terrorism. There were no arrests under the Prevention of
Terrorism Act during the year.
The Constitution prohibits forced exile, and the Government did not
use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system consisted 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.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. Defendants had the
right to private or court-appointed counsel.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights in practice.
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 were common.
In March and April, the Government's monopoly in broadcasting local
news and programming over the radio ended with the establishment of two
independent radio stations. A third station received its license and
began broadcasting in October.
A private news organization posted local news 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 News Network,
were available to the public by subscription.
The Government did not restrict 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 during the year. There is a right of judicial
appeal. While groups had the right to challenge denials, they
occasionally proceeded with their demonstrations without police
permission; in such cases, police usually dispersed the demonstrators.
The demonstration's leaders usually were warned verbally and sometimes
briefly detained.
In September supporters of Hizbullah leader Cehl Meeah (see Section
1.a.) demonstrated in front of a courthouse after a hearing. Seven
demonstrators subsequently were charged with threatening two of the
prosecutors trying the case as they attempted to depart the courthouse.
A trial began in November; there was no decision by year's end.
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 generally respected this right in
practice.
Religious organizations and faiths that were present in the country
prior to independence, such as the Roman Catholic Church, the Church of
England, the Presbyterian Church, the Seventh-Day Adventists, Hindus,
and Muslims, receive a lump-sum payment every year from the Ministry of
Finance based upon the number of adherents, as determined by a 10-year
census. Newer religious organizations (which must have a minimum of 7
members) were registered by the Registrar of Associations and were
recognized as legal entities with tax-free privileges. No groups have
been refused registration.
Tensions between the Hindu majority and Christian, Creole, and
Muslim minorities persisted; however, there were no violent
confrontations during the year. Some minorities, usually Creoles and
Muslims, alleged that a glass ceiling existed within the upper echelons
of the civil service that prevented them from reaching the highest
levels.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The Constitution does not provide for the 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 did not
grant asylum to refugees in general on the grounds that the country was
small, had limited resources, and did not wish to become a haven for
large numbers of refugees. However, the Government cooperated with the
office of the U.N. High Commissioner for Refugees (UNHCR), provided
first asylum on occasion, and allowed U.N. agencies to provide limited
assistance to 14 individuals whom the UNHCR recognized as 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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. According to international and local observers,
free and fair national elections were held in September 2000, and the
opposition MSM/MMM federation defeated the governing Labor Party/Parti
Mauricien Xavier Duval coalition. Suffrage was universal except for
approximately 100 fishermen on 6- to 12-month contracts who were
residents of the island of Saint Brandon. These fishermen may vote on
the main island provided they were registered and physically present on
election day.
In September the island of Rodrigues successfully held its first
elections for a regional elected assembly. The creation of the Assembly
was a first step towards a decentralized and autonomous island of
Rodrigues. The Assembly will work with the central government in
controlling funds for Rodrigues.
There were 4 women in the 70-seat National Assembly, and there was
one female minister in the 25-member Cabinet.
Candidates for the National Assembly were required to identify
themselves with one of four distinct ethnic groupings--Hindu, Muslim,
Sino-Mauritian, or general population. For these purposes, ``general
population'' was the category used to describe any citizen other than
Hindu, Muslim, or Sino-Mauritian persons, which were primarily the
Creole and Franco-Mauritian communities. Based on these four
categories, there were 37 Hindus, 21 members of the General population,
11 Muslims, and 1 Sino-Mauritian in the 70-seat National Assembly, and
there were 16 Hindus, 5 from the general population, 3 Muslims, and 1
Sino-Mauritian in the 25-member Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights organizations,
including Amnesty International, Transparency International, and SOS
Femmes, generally operated without government restriction,
investigating and publishing their findings on human rights cases.
Government officials were generally cooperative and responsive to their
views.
Prior to April 2001, the constitutionally mandated, autonomous
Ombudsman investigated complaints of human rights abuses. Since the
creation of the NHRC in April 2001, the Ombudsman no longer
investigated human rights problems. The NHRC was composed of a
president of the commission, who according to the law, must be a former
Supreme Court judge and 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 NHRC was authorized to
investigate abuses by any public servant, but it could not investigate
complaints that were 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 NHRC had
the authority to visit centers of detention or prisons and to assess
and make recommendations on conditions. The NHRC first tried to resolve
complaints through conciliation. If not successful, it 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. Between April and December 2001, the
NHRC received 195 complaints, 71 of which were complaints of police
brutality.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution specifically prohibits discrimination on the basis
of race, caste, place of origin, political opinion, color, or sex, and
the Government generally respected these provisions.
Women.--Domestic violence against women, particularly spousal
abuse, was a problem, according to the Ministry of Women's Rights,
Child Development, and Family Welfare; attorneys; and nongovernmental
organizations (NGOs). The Protection from Domestic Violence Act
criminalizes domestic violence and provides the judicial system with
greater powers to combat this problem. In March 2001, SOS Femmes, an
NGO, published a study on domestic violence in the country in which 84
percent of the women surveyed reported being victims of physical abuse.
Alcohol or drugs was a contributing factor in nearly 70 percent of
these cases. According to the Ministry of Women's Rights, Child
Development, and Family Welfare, between January and July, 865 cases of
domestic abuse were reported. According to officials, the number of
reported spousal abuse cases has risen primarily due to a greater
awareness of women's rights and the Government's readiness to enforce
them. Nevertheless, many victims still chose not to prosecute or report
their attacker, primarily due to cultural pressures. Although specific
laws make rape illegal, including spousal rape, it was a problem. In
August following a high profile case of an expatriate who was gang
raped by two different groups in one evening in Curepipe, several
hundred women held a demonstration to protest the proliferation of rape
cases, both reported and unreported.
Since women often depended on their spouses for financial security,
many remained 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 to avoid
payment. The law criminalizes the abandonment of one's family or
pregnant spouse for more than 2 months, the nonpayment of court-ordered
food support, and sexual harassment.
Traditionally women have played subordinate roles in society, and
societal discrimination continued; however, women had access to
education, employment, and government services.
Children.--The Government placed strong emphasis on the health and
welfare of children and displayed a commitment to expand educational
opportunities for children. Education was free and mandatory until the
age of 12; attendance at the primary level was 100 percent, but only 60
percent of children attended school at the secondary level. In May
2001, the Government announced an education reform plan that would
increase mandatory education to the age of 16 by 2003. The plan would
eliminate the ranking of primary students based on their scores in a
primary education certificate exam with the objective of making more
students eligible to attend secondary school. As part of the plan, the
Government announced that it would address the increase in secondary
students by building new schools and converting some schools, including
private schools, into a regional network of secondary schools. During
the year, the Government started converting schools and building
additional secondary schools, which were scheduled to be completed by
2003. The Government also started to build five new secondary schools
that it planned to open in January 2003. Four colleges also were being
extended, and four vocational colleges were being converted.
The Government provided full medical care for children.
Although incidents of child abuse were reported, private voluntary
organizations claimed that the problem was more widespread than was
acknowledged publicly. Most government programs were administered by
the state-funded National Children's Council and the Ministry of
Women's Rights, Family Welfare, and Child Development, which provided
counseling, investigated reports of child abuse, and took remedial
action to protect affected children.
Under the law, certain acts compromising the health, security, or
morality of a child were crimes.
Child prostitution is a criminal act, but only the adult was an
offender, while the child involved was given social assistance.
Trafficking of children for prostitution was a problem (see Section
6.f.). Child pornography also is a crime, and the child was offered
social aid while the adult offender was prosecuted.
Persons with Disabilities.--There was no discrimination in
employment, education, or in the provision of other state services
against persons with disabilities, including mental illness. The law
requires organizations that employed more than 10 persons to set aside
at least 3 percent of their positions for persons with disabilities.
There was no law mandating access to public buildings or facilities.
The law did not require that work sites be accessible to persons with
disabilities, making it difficult for persons with disabilities to fill
many jobs.
National/Racial/Ethnic Minorities.--Tensions among the Hindu,
Creole, Muslim, European, and Chinese communities persisted; however,
there were no violent confrontations during the year.
Section 6. Worker Rights
a. The Right of Association.--The Constitution explicitly protects
the right of workers to associate in trade unions, and there was an
active trade union movement. Approximately 335 unions represent 111,231
workers, or 21.5 percent of the work force. Many unions were small,
having fewer than 1,000 members. Ten major labor federations served 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 government services who were not
public officers such as contractors, workers were free to form and join
unions and to organize in all sectors, including in the export
processing zone (EPZ). Labor unions were independent of the Government,
and they had established ties to domestic political parties and
addressed political issues.
The Industrial Relations Act (IRA) prohibits antiunion
discrimination, and there were no reports of antiunion activity by
employers during the year. There was an arbitration tribunal that
handled any such complaints, and three such complaints were filed
during the year. The International Confederation of Free Trade Unions
(ICFTU) reported that the law did not protect trade unions adequately
against acts of interference by employers. The Mauritian Labor Congress
asserted that union membership was low in the EPZ in part because
employers in the EPZ intimidated employees and restricted access to
union organizers.
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. The International Labor Organization (ILO) reported that the
Government began a labor law reform project with ILO technical
assistance in 1997; however, new legislation still was pending at the
State Law Office level at year's end. Minimum wages for nonmanagerial
level workers were set by the National Remuneration Board (NRB), whose
chairman was appointed by the Minister of Labor; however, most unions
negotiated wages higher than those set by the NRB. Almost 13 percent of
the labor force worked for national or local government.
Under the IRA, unions have the legal right to strike; however, the
IRA requires a 21-day cooling-off period, followed by binding
arbitration, which has the effect of making most strikes illegal. The
Government has 21 days to respond to any labor dispute referred to the
Ministry of Labor. If the Government does not respond within 21 days by
referring the case either to the Permanent Arbitrary Tribunal (PAT) or
to the Industrial Relations Commission (IRC), then the workers have the
legal right to strike. 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 strikes during the year. The IRA grants the
Prime Minister the prerogative to declare any strike illegal if he
considers that it ``imperils the economy.''
In July 2001, the Government unveiled a plan for restructuring the
sugar sector that included provisions for the early retirement of 9,200
sugar workers. In July 2001, several of the unions representing the
sugar workers held demonstrations to protest the constitutionality of
the plan and the details of the retirement package, which was decided
without union input. Approximately 7,800 workers had been given early
retirement under this plan by year's end.
Reportedly 87,607 persons work in the EPZ. Although only 10 percent
of EPZ workers were unionized, these workers were covered by national
labor laws; however, there are some EPZ-specific labor laws, including
the provision for 10 hours per week of mandatory, paid overtime at a
higher wage than for ordinary working hours. The ICFTU alleged that
employers have established employer-controlled work councils for
workers in the EPZ effectively blocking union efforts to organize at
the enterprise level. The 2000 ICFTU report stated that there was very
little collective bargaining in the EPZ and that the National
Remuneration Board determined wages after representations by employers
and workers' representatives, effectively hindering the collective
bargaining process. The ILO has recommended that the Government utilize
tripartite committees to negotiate and resolve disputes.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor outside the EPZ, including by children, and there were
no reports that such practices occurred in the case of adults. Labor
laws that cover the EPZ allow for 10 hours of compulsory overtime a
week and compulsory work on public holidays, although at a higher
hourly wage (see Sections 6.b. and 6.e.).
According to the ILO Committee of Experts, the Merchant Shipping
Act contains provisions that were not compatible with international
standards regarding forced labor. Certain breaches of discipline by
seamen were punishable by imprisonment. The Government indicated that
it proposed to amend the Merchant Shipping Act to make it compatible
with ILO Convention 10; however, it took no action during the year.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under age 15
and limits the employment undertaken by youth between ages 15 and 18,
and the Government generally respected this law in practice; however,
child labor was a problem. According to Section 55 of the Labor Act,
the penalties for employing a child are a fine of no more than $66
(2,000 rupees) and a term of imprisonment not to exceed 1 year.
The legal minimum age for the employment of children was 15 years;
however, children unable to attend secondary school often sought
apprenticeships in the trades. Vocational schools trained students who
failed the primary education certificate exam at the end of the sixth
year of primary education.
The Ministry of Labor was responsible for the enforcement of child
labor laws and conducted frequent inspections. According to the
Ministry of Women's Rights, Child Development, and Family Welfare,
1,600 children between the ages of 12 and 14 were employed or looking
for work in 2000. Child labor in homes, on farms, and in shops was
common on the island of Rodrigues.
The Ministry of Labor was responsible for investigating reports of
child labor abuses; 30 inspectors were employed by the Ministry to
investigate all reports of labor abuses, including those of child
labor. During 2001, the inspectors reported at least 20 cases of
children labor.
e. Acceptable Conditions of Work.--The Government administratively
established minimum wages, which varied according to the sector of
employment, and it mandated minimum wage increases each year based on
inflation. The minimum wage for an unskilled worker in the EPZ was
$13.30 (390 rupees) per week, while the minimum wage for an unskilled
factory worker outside the EPZ was approximately $3.53 (106 rupees) per
week; these sums did not provide a decent standard of living for a
worker and family, but the actual market wage for most workers was much
higher due to a labor shortage and collective bargaining. The standard
legal workweek in the industrial sector was 45 hours. According to the
Mauritian Labor Congress, 10 hours of overtime a week is mandatory at
certain textile factories in the EPZ (see Section 6.b.).
The Government set health and safety standards, and Ministry of
Labor officials inspected working conditions and ensured compliance
with the law. Inspections were announced and unannounced. The small
number of inspectors limited the Government's enforcement ability;
however, through voluntary compliance by the employers, the number of
occupational accidents was reduced. Company human resource or personnel
managers reported on occupational health and safety matters;
approximately 4,000 accidents were reported in 2001. Workers had the
right to remove themselves from dangerous situations without
jeopardizing their continued employment, and they did so in practice.
In August 2001, an international NGO conducted a study commissioned
by the Ministry of Labor comparing working conditions between men and
women, particularly in the area of wages. During the year, the study
was released, and the Government reportedly planned to reform the labor
laws to encourage greater gender equality; however, there were no
reforms initiated by year's end.
Since foreign workers often did not speak English, French, or
Creole, it was difficult for them to demand their rights, which were
the same as those of citizen employees, including the right to belong
to a union. In June 2001, it was reported that a Ministry of Labor
investigation indicated that many foreign workers did not receive all
of the overtime wages to which they were entitled; the companies at
fault were instructed to remedy the situation or face legal action.
Most of the companies complied; however, those that did not comply were
prosecuted.
f. Trafficking in Persons.--The law prohibits trafficking in
children, but does not specifically mention trafficking in adults;
however, there were reports of trafficking in the country.
Child prostitution was a problem. A 1998 study reported that
children entered into prostitution as early as age 13; their clientele
included, industrialists, professionals, police officers,
parliamentarians, and government ministers. The Government targeted
child prostitution as a top law enforcement and prevention priority. In
February 2001, the Ministry of Women, Child Development, and Family
Welfare established a hotline for reporting cases of child
prostitution, and 135 cases were registered in 2001. In July 2001, a
task force on prostitution at the Ministry commissioned a quantitative
study on the magnitude of the child prostitution problem in the
country. In July 2001, police broke up a prostitution ring involving
adolescents in the north of the main island. During 2001 both the
Ministry and NGO's sponsored seminars on the dangers of prostitution
for the public and schoolchildren. Some NGO's also have formed regional
awareness networks and developed training materials for educators.
During the year, the Government implemented a 5-year action plan with a
series of recommendations to combat child prostitution. The plan was
published in December.
Unlike in previous years, there were no reports of the trafficking
of women and young girls from Madagascar to Reunion and Mauritius.
----------
MOZAMBIQUE
Mozambique's constitutional government, headed by President Joaquim
Chissano, held its second general multiparty elections in 1999.
President Chissano was reelected in generally free and fair elections
that were marred by some irregularities that did not impact the
results. His party, the Front for the Liberation of Mozambique
(FRELIMO), won 133 seats in the 250-seat Assembly of the Republic, and
the remaining 117 seats went to the opposition coalition of the
Mozambique National Resistance-Electoral Union (RENAMO-UE). Chissano
and the leadership of FRELIMO, which have ruled the country since
independence in 1975, dominate policymaking and implementation. The
Assembly is a multiparty parliament that provided useful debate on
national policy issues and generated some proposals independently.
During legislative sessions, the Assembly influenced the executive
branch on some policy issues, and RENAMO had some limited influence on
the executive. The Constitution provides for an independent judiciary;
however, the executive branch dominated the judiciary, which lacked
adequate resources, was chronically understaffed, was susceptible to
corruption, and largely was 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 Intervention Police
(PIR). The State Information and Security Service (SISE) reported
directly to the President. The military continued to suffer from lack
of funds and a long-term strategy. Many former military personnel of
various ranks worked in other government security forces. The PIC, PRM,
and PIR legally were under the control of the civilian government;
however, at times local police acted in contravention of the guidelines
established by the civilian authorities. The political opposition
claimed that the PIR operated in support of the ruling party. Members
of the security forces committed numerous serious human rights abuses.
The country is very poor; its population was an estimated 17
million according to the 1997 census. Approximately 80 percent of the
population were employed in agriculture, mostly on a subsistence level,
and approximately 75 percent of the population lived in poverty. The
gross domestic product (GDP) was approximately $4.84 billion in 2001,
an increase of 14.8 percent from 2000. The economy and the Government
budget remained heavily dependent on foreign aid. Annual per capita
income was $245. High unemployment and underemployment in the formal
and informal sectors continued. Corruption continued to be a problem in
the public and private sectors. Economic indicators for the second half
of 2001 and the first half of the year showed some strengthening of the
economy.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained.
Police continued to commit numerous abuses, including unlawful
killings, excessive use of force, and other abuses. Occasional mob
violence resulted in several deaths. Police officers beat persons in
custody, and abused prostitutes and street children. During the year,
the League of Human Rights (LDH), a local nongovernmental organization
(NGO), noted that the human rights situation in general had improved in
a few areas, such as unlawful killings; however, police corruption,
brutality, and intimidation; labor strife, and other societal concerns
continued. Prison conditions remained extremely harsh and life
threatening; several 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 problematic due
to an inefficient, understaffed, and underfunded judiciary, which was
dominated by the executive and subject to corruption. There were
reports of some infringements on the right to privacy. The Government
generally respected freedom of the press; however, news coverage by
media outlets owned by the Government and state enterprises was
influenced by members of the ruling party. An amended law provides for
freedom of assembly with some restrictions; the Government forcibly
dispersed at least one demonstration 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. 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, including child
prostitution, increased in urban areas. Discrimination against persons
with disabilities and child labor remained problems. Unlike in the
previous year, there were no confirmed reports that women or children
were trafficked to South Africa or Swaziland for prostitution.
Mozambique was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life.--There continued to
be reports of unlawful killings by security forces. For example, in
February police officer Bernardo Parafino shot and killed Gildo
Gerente, who was handcuffed, after attempting to flee from police.
Reportedly Gerente did not have a valid driver's license and was
driving his mother's vehicle without permission. The police force
expelled Parafino, and he was detained on charges of murder.
Also in February, police killed teenager A. Matusse while firing
their weapons at robbery suspects. Matusse was helping a couple that
was being attacked by robbers when police fired their weapons killing
her. The killing was attributed to the general poor training of the
police. No charges were filed against the responsible officer.
In September rioting broke out in Nova Sofala when a police officer
shot and killed a man over a small debt. The victim, Mr. Antonio
Maquiqui, allegedly owed his servant $9, and he reportedly evaded
police on numerous occasions and did not respond to their summons. When
confronted by police, Maquiqui reportedly resisted arrest and was shot
and killed by a policeman; however, local residents insisted that the
killing was intentional and that there was no attempt by the victim to
resist arrest. The policeman was beaten by the mob and was in a coma at
year's end.
On October 12, Policeman Jose Fumo shot and killed a 17-year-old
student, Mario Alfredo. Fumo had left his post at the Maputo City
Police Command to investigate a group of students who were having a
heated argument. He attempted to restore order by firing into the crowd
and killed Alfredo. Fumo was in custody at year's end and was charged
with manslaughter.
There was no developments, nor were any expected, in the following
2001 cases: The January police killing of Salomao Ubisse; the March
killings of Edmundo Jaime and Neto Luis Neves by prison guards; the
April death in custody of Caetano Joaquim Chapepa; and the October
death in custody of Fernando Santos.
No action was taken, nor was any likely, against the members of the
security forces responsible for the following 2000 cases: The police
killing of six persons in Aube; and the alleged pattern of execution-
style killings by police in Marracuene; RENAMO party officials Eduardo
Foao, Ricardo Moaine, and Geraldo Carvalho; Tomas Paulo Nhacumba and
Gildo Joaquim Bata; Emidio Raul Nhancume; and Eliseu Geraldo Muainga.
Extremely harsh prison conditions, often leading to serious
illness, continued to result in the deaths of several persons in
custody (see Section 1.c.). Unlike in the previous year, there were no
reports that torture led to deaths in custody.
The Government continued to cooperate with international
organizations in demining efforts during the year to remove the
hundreds of thousands of mines planted between 1960 and 1990. According
to the National Demining Institute (IND), 224 persons were killed in
landmine accidents between 1997 and the end of the year. According to
IND, landmine incidents continued to decline; eight persons were killed
and seven were injured in landmine accidents during the year.
A local human rights organization, Association for Human Rights and
Development (DHD), criticized the Government's failure to reveal
publicly the names of more than 100 detainees in Montepuez who
reportedly died of asphyxiation in their cells in 2000, which prevented
relatives of the victims from seeking compensation (see Section 1.c.).
According to DHD, this contravened Article 87 of the Constitution,
which states that the ``State shall be held accountable for the illegal
acts committed by its agents in the exercise of their duties.'' Two
jail officials were serving prison terms for homicide.
In 2000 as many as 54 persons were killed during violence related
to rallies and marches held throughout the country to protest the
outcome of the 1999 elections (see Sections 1.c., 1.d., 1.e., and
2.b.). The total number of persons killed remained in dispute among
human rights groups, the opposition, and the National Assembly. The
National Assembly established a bipartisan Parliamentary Commission of
Inquiry to investigate the violence surrounding the demonstrations and
the subsequent deaths in custody. The ad hoc parliamentary commission
investigating the incidents concluded its work in September 2001.
RENAMO raised a series of objections to the content of the report,
which it did not regard as the result of a truthful fact-finding
mission. The release of the report has been postponed indefinitely. An
appeal of the 2001 convictions of five RENAMO leaders of the Montepuez
demonstrations was pending at year's end.
No action was taken, nor is the Government likely to take any
action, against police in Nampula province or Balama District, Cabo
Delgado, who killed and injured unarmed demonstrators in 2000.
Occasional mob and vigilante killings continued in both urban and
rural areas due to general public frustration with the rising incidence
of crime. During the year, unconfirmed reports of mob violence
resulting in the deaths of suspected criminals were widespread
throughout the country.
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 such practices;
however, the police continued to commit serious abuses, and torture,
beatings, death threats, physical and mental abuse, and extortion
remained problems. During the year, the LDH reported complaints of
torture, including several instances involving the sexual abuse of
women, beating, illegal detention, and death threats. In September the
LDH reported that the number of reported abuses had declined again
during the year.
Unlike in the previous year, there were no reports that persons
were tortured to death in custody.
Corruption in the police forces extended 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 were widowed or divorced women, sometimes
beating the women, and often stealing their merchandise. There also
were reports that police abused 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. In 2000 a new 4-
year police service academy opened, which provides college-level
training to police officers in the mid-ranks and higher. Human rights
training was provided for security officers, with human rights groups
like the DHD teaching some of the courses; however, the training was
not mandatory.
There was no investigation, nor was any likely, into the reported
torture in custody of Tomas Paulo Nhacumba and Gildo Joaquim Bata in
2000 (see Section 1.a.).
The rapid intervention police used force to disperse demonstrations
by former East German workers on at least one occasion (see Section
2.b.).
Unlike in the previous year, there were no reports of political
violence between FRELIMO and RENAMO supporters.
In 2000 violence occurred in at least 15 of the more than 60
demonstrations held throughout the country by RENAMO to protest the
outcome of the 1999 elections; approximately 200 persons were injured
in the violence (see Section 1.a., 1.d., 1.e., and 2.b.).
The Government has not taken action, nor was it likely to take
action, against the responsible police officers who tortured detainees
in custody in previous years.
Prison conditions in most of the country were extremely harsh and
life threatening. Most prisoners received only one meal per day,
consisting of beans and flour. It has been customary for families to
bring food to prisoners; however, there were sporadic reports that
guards demanded bribes in return for allowing the delivery of food to
the prisoners.
Prison facilities remained severely overcrowded, generally housing
four to six times the number of prisoners that they were built to
accommodate. During the year, the National Association for the Support
and Protection of Prisoners (ANASCOPRI), a domestic NGO, stated that
Beira Central Prison held 705 inmates in a prison built to hold 400;
Manica held 608 in a prison built to hold 200; and Tete held 540 in a
prison built to hold 150. Inhambane Provincial Prison held 199 in a
prison built to hold 99; Nampula held 724 in a prison built for 100;
Cabo Delgado held 338 in a prison built for 100; Gaza held 222 in a
prison built for 100; Niassa held 356 in a prison built for 100; and
Zambezia held 446 in a prison built for 150. Maputo Central Prison,
built to hold 800 inmates, held 2,450 inmates. However, the Maputo
Machava Maximum Security Prison, with a capacity of 600, held
considerably less than that. Approximately 4,465 detainees were held in
jails and prisons administered by the Ministry of Justice during the
year, and approximately 2,681 sentenced prisoners were incarcerated.
The Ministry of Interior did not provide any data on the number of
prisoners held in their two facilities by year's end.
There continued to be many deaths in prison, the vast majority due
to illness and disease.
Two National Directorates of Prisons (DNPs), one under the Ministry
of Justice (MOJ) and the other under the Ministry of Interior (MOI),
operated prisons in all the provincial capitals. The DNPs also hold
prisoners at an agricultural penitentiary in Mabalane and industrial
penitentiaries in Nampula and Maputo.
In MOI facilities, detainees who have not yet been charged were
held with prisoners sentenced for serious offenses that specify maximum
security. Detainees who have not been charged usually were held for
longer periods than the 48 hours permitted under the law. In MOJ
facilities, detainees who have been charged but not yet tried are held
with prisoners who have been tried and sentenced to prison for
relatively minor cases where moderate security imprisonment was deemed
sufficient. Pretrial detainees usually were held for several months
before trial, and delays of more than 1 year were common. MOI and MOJ
facilities, while separate, often were connected physically. Military
and civilian prisoners were held in the same prisons.
Women were held in separate areas of prisons from men. At times
prisons house young children, usually infants, brought there by mothers
sentenced for long periods; the children were allowed to stay with
their mothers when no other caregivers were available.
Minors were incarcerated with adult inmates; however, there were
fewer reports of minors held in detention than in previous years.
According to a study by the MOJ and the U.N. Development Program (UNDP)
in 2001, approximately 3 percent of prisoners were between the ages of
13 and 15, and more than 39 percent of prisoners were between the ages
of 16 and 20.
International as well as domestic human rights groups may have
access to prisoners at the discretion of the MOJ and MOI; however,
officials sometimes cited unsanitary conditions or security risks as
reasons to delay or cancel visits. During the year, the LDH visited
several jails and prisons in the Maputo area and in the provinces.
ANASCOPRI also conducted several prison visits during the year, despite
a lack of funding to carry out such programs. The LDH stated that while
prison access and conditions had improved, the overall level of
treatment was poor. The access of priests and imams into the prisons
improved, and prisoners were able to practice their faith while
incarcerated. During the year, the Government invited the LDH to
conduct training for prison monitors who were expected to be in charge
of finding out the legal needs of detainees. Dr. Cauio of the Bar
Association stated that, during prison visits this year, there was an
unacceptable level of overcrowding and most prisoners received only one
meal per day.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides that the duration of investigative detention be set by law;
however, the police continued arbitrarily to arrest and detain citizens
in practice. Under the law, the maximum length of investigative
detention is 48 hours, during which time a detainee has the right to
have judicial authorities review his case, 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 investigative 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 were unaware of these
regulations or ignored them, often also ignoring a detainee's
constitutional right to counsel and to contact relatives or friends.
The media reported and many persons complained that security
officials often detained them for spurious reasons and demanded
identification documents; many officers also extorted bribes to permit
persons to continue their travel (see Section 2.d.). 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 were unaware of the rights provided by the
Constitution, the law, and the Penal Process Code. As a result,
detainees could spend many weeks, months, and even years in pretrial
status. The bail system remained poorly defined, and prisoners, their
families, and NGOs continued to complain that police and prison
officials demanded bribes to release prisoners.
Unlike in the previous year, there were no reports that police
detained journalists (see Section 2.a.)
On May 1, police detained Mario Vitorino after forcibly dispersing
a demonstration and held him for 4 months without charge (see Section
2.b.).
In 2000 police detained 457 RENAMO members and supporters during
more than 60 rallies and marches to protest the outcome of the 1999
elections; there were reports that police beat and tortured detainees
in custody (see Sections 1.a., 1.e., and 2.b.). FRELIMO and RENAMO
established a working group to examine, among other matters, the cases
of the detained demonstrators; the bipartisan working group on the
demonstrations was disbanded in April 2001 when RENAMO leader Dhlakama
withdrew from the RENAMO-Government dialog process (see Section 1.a.).
The parliamentary commission investigating the 2000 demonstrations
completed its work in September 2001; however, the release of the
report was postponed indefinitely.
Under the Penal Process Code, only persons caught in the act of
committing a crime can be held in detention. Justice Ministry officials
noted that some police lacked adequate training and did not know how to
charge a person properly. A detainee could be subjected to indefinite
detention. In 2000 the Government created an interministerial review
committee to continue the process of reviewing the cases of detainees
who had served their time or were in detention illegally, and the
committee periodically reviewed the status of detainees throughout the
country to prevent unnecessary detentions. During the year, ANASCOPRI
reported that one minor was released as a result of this review
committee.
Drug cases were subject to a special regime. The law specifies that
the legal period of investigative 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 prohibits exile, and the Government did not use
forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; 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 June 2001 and this year's
draft report specifically emphasized problems of the judiciary (see
Section 4).
The President appoints the president and vice president of the
highest tribunal, the Supreme Court. Supreme Court nominations
initially are prepared by the Higher Judicial Magistrate's Council
(CSMJ), the body responsible for overseeing professional behavior among
magistrates, then a list of qualified persons for the Supreme Court is
submitted to the President. CSMJ members are elected by their peers,
four are elected by the National Assembly and two are appointed by the
President; members tended to be either FRELIMO members or FRELIMO-
affiliated. No Assembly approval is needed for other judicial
appointments, which are also appointed by the President.
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. The law empowers the
Supreme Court to administer the civil/criminal system; the court also
hears appeals, including military cases, although the Ministry of
National 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 and customs court. Although the Constitution
permits the establishment of a fiscal court, maritime court, and labor
court, none have been established. The Constitution called for the
creation of a constitutional court, 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 1999 general elections. Persons 16 years 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 were ineffective due to a lack of
qualified professionals.
Outside the formal court system, a number of local customary courts
and traditional authorities adjudicated matters such as estate and
divorce cases. These courts were staffed by respected local arbiters
who had no formal training but who exercised a substantial judicial and
executive role, particularly in the area of arbitration.
Persons accused of crimes against the Government were tried
publicly 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.
A judge may order a closed trial because of national security
interests or to protect the privacy of the plaintiff in cases
concerning sexual assault.
In regular courts, all accused persons in principle are presumed
innocent and have the right to legal counsel and the right of appeal;
however, authorities did not always respect these rights. The great
majority of the population either was unaware of these rights or did
not possess the means to obtain any form of legal counsel. Although the
law specifically provides for public defenders, such assistance
generally was not available in practice, particularly in rural areas.
Some NGOs, such as the 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 exacerbated the judicial system's
weakness. There were an estimated 240 licensed attorneys in the
country; the vast majority worked in Maputo. The number of law school
programs at public and private universities continued to increase.
There continued to be a shortage of qualified judicial personnel, with
only 163 judges nationwide. There are appeals courts in all provinces,
but few of these courts were staffed by formally trained judges,
despite the fact that the law requires a law degree. Some districts had
no formal courts or judges at all.
DANIDA, a Danish NGO, worked with the Ministry of Justice and the
Supreme Court on judicial legislation, as well as funding physical
rehabilitation of courts throughout the provinces. During the year, the
UNDP worked with LDH on legal reform and the training of prison
personnel in proper procedures when handling prisoners.
Justice Mangaze presided over the CSMJ, which has expelled 27
judges for corruption since 1995. During the year, the CSMJ initiated
disciplinary actions, which may include expulsion, against eight
judges. A law allows for faster implementation of CSMJ decisions
affecting judges who appeal charges of misconduct, thus removing them
from the bench more swiftly. Bribe-taking, chronic absenteeism, unequal
treatment, and deliberate delays and omissions in handling cases
continued to be problems during the year.
The Penal Process Code contains legal guidelines for the judicial
treatment of minors and forbids the imprisonment of minors below the
age of 16; however, there were documented reports that some judges
ordered the incarceration of minors in common prisons without trial and
that minors under the age of 16 were housed with adults in the general
population (see Section 1.c.). In most areas of the country, it is
difficult to assess accurately age because the information was not well
documented and many persons do not have identification cards.
There were no confirmed reports of political prisoners; however,
RENAMO continued to claim that all persons held in connection with the
2000 nationwide demonstrations were political prisoners, and continued
to consider those convicted and sentenced also to be political
prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. By law
police need a warrant to enter homes and businesses.
The Government did not take any action and was unlikely to take any
action to discipline customs agents who allegedly conducted illegal
searches in Maputo in 2000.
Opposition political groups claimed that government intelligence
agencies monitored telephone calls, conducted surveillance of their
offices, followed the movements of opposition members, used informants,
and attempted to disrupt party activities. During the year, there were
reports that the Rapid Intervention Police were employed to disrupt
opposition gatherings in several provinces (see Section 2.b.).
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 generally respected these
rights in practice; however, limitations on these rights were permitted
if they related to the media's obligations to respect the Constitution,
human dignity, the imperatives of foreign policy, or national defense.
There were four independent weekly newspapers published in Maputo,
and six other independent weekly journals published in provincial
capitals. According to the Panos Institute, the 10 weekly newspapers
had a combined total circulation of 50,910. There were an additional 20
periodicals with a combined circulation of approximately 34,000. There
were 6 periodicals that transmitted daily editions electronically, with
a combined subscription of more than 1,500. The second oldest faxed
daily, Imparcial, was owned by RENAMO. Several independent media had
websites. Only a small minority of the population received news
directly through the print media.
Media ownership was diverse. The U.N. Educational, Scientific, and
Cultural Organization (UNESCO) Media Project estimated that 34 percent
of the country's media were public (government-controlled), 36 percent
were private commercial, and 28 percent were private nonprofit (church-
affiliated); however, the public category included 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 were owned by a single
corporation, Noticias Limited, in which state-owned enterprises and
FRELIMO members hold majority shares. Diario de Mocambique, published
in Beira, and Noticias, published in Maputo, were the only daily
newspapers. Diario de Mocambique is owned by the Commercial News
Society of Beira, in which FRELIMO officials owned majority shares.
FRELIMO officials also owned Noticias, and it often was accused of
being progovernment. All media evidenced consistent bias in favor of
their shareholders. The newspapers continued pushing for reform of the
justice system, for renewed efforts to fight corruption, and to reform
public service.
Noticias, Domingo, and Diario de Mocambique largely reflected the
views of individuals in the ruling party, but these media sources also
carried significant criticism of government actions. During the year,
several newspapers published articles that were critical of the
Government, including Domingo, a weekly newspaper closely aligned with
FRELIMO. In October Domingo openly criticized the Minister of the
Interior and called for his removal due to remarks that he made
regarding the prison escape of the prime suspect in the murder of
journalist Carlos Cardoso. The suspect, known as Anabalzinho, was
reported to have escaped from the Maximum Security Prison. The article
also suggested that the escape might have happened with the knowledge
of certain prison officials. Subsequent articles in several newspapers
reported on allegations made by the defendants at their trial that
President Chissano's son, Nhympine Chissano, was involved in the
planning of the crime.
While the Government no longer owned most radio and television
stations, government stations were the only broadcasters capable of
countrywide transmission; however, there were local and independent
broadcasts in most urban areas. Government media were showing greater
transparency in reporting and some independence of editorial content.
Radio Mozambique, the public's most important source of information,
was government-owned; however, its news coverage generally was
considered unbiased and fair. Radio Mozambique received the largest
single subsidy from the state budget of any public media company. It
broadcast in Portuguese and 18 indigenous languages; its external
service broadcast in English as well as in Portuguese for citizens in
neighboring South Africa. Radio Mozambique regularly broadcast public
debates that included a variety of participants with differing
opinions.
In addition to Radio Mozambique, there were 14 community-based
(supported by UNESCO and the Government), 4 religious, and 11
commercial private radio stations, most of which used local languages
in addition to Portuguese and which cover most of the country. One
station, Radio Terra Verde (RTV), was linked directly to RENAMO. RTV
was 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), reached all major population centers
and reported local news via Mozambican-based part-time reporters; the
BBC and the RFI carried news in Portuguese but broadcast most of the
day in English and French, respectively.
TV Mozambique (TVM) continued to demonstrate strong bias towards
the Government. Portuguese Television for Africa (RTP Africa), a
station owned by the Government of Portugal, offered 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.
International television news was available via cable in Maputo and via
satellite nationwide.
While criticism of the President was not prohibited, the law
provides that in cases of defamation against the President, truth is
not a sufficient defense against libel. This law was not tested in
court and the provision was not invoked, despite considerable verbal
and written criticism of the President during the year.
There were no developments in the 2001 case where Nhympine
Chissano, President Chissano's son, filed libel charges against the fax
newssheet Metical, effectively forcing its closure.
Unlike in the previous year, there were no reports that police
detained journalists.
Unlike in the previous year, there were no reports that journalists
were attacked.
Unknown persons continued to threaten journalists (see Section
2.a.).
There were no developments in the April 2001 beating of journalist
Rui de Carvalho or the November 2001 theft from Fabio Mondlane.
No action was taken, nor was any likely to be taken, against the
persons responsible for the April 2001 anonymous death threat against
Radio Mozambique journalist Jose Joao.
No action was taken against the persons responsible for the
following incidents in 2000: The attack on a radio journalist by
unknown assailants in Beira; the beating of a radio journalist by
unknown persons near Maputo; the anonymous bomb threat received by the
news fax agency Mediacoop; and the telephone death threat received by
the editor of the newspaper Savana. There was no significant
investigation, nor is any likely, into these cases.
In 2000 two unknown assailants killed Carlos Cardoso, an
investigative journalist who was the founder and editor of the news fax
agency Metical, in an execution-style shooting. In the early months of
the year, the Government detained 10 individuals in connection with the
case. One detainee was released without charge after being held for 10
months. Both the Government and the family agreed that he had nothing
to do with the crime. In September the judge presiding over the case
ordered six of the defendants to be brought to trial on charges of
homicide and accessories to homicide. In November five of the
defendants were brought to trial. Although the trial was being held on
the grounds of the maximum security prison, it was open to the public
and broadcast on television, and it was ongoing at year's end.
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 were tolerated.
Article 19, a British NGO, 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
newspapers Noticias, Diario de Mocambique, and Domingo demonstrated
progovernment partisanship. The National Election Commission was
criticized for categorizing these 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.
UNESCO has expressed concern about the strong concentration of
national and local media in Maputo city and province, mirroring
lopsided socioeconomic development nationwide. Furthermore a 1997
census revealed that 60 percent of citizens over the age of 15 were
illiterate in any language, and 70 percent of the population over 5
years of age did not speak Portuguese, which further limited the reach
of the media beyond Maputo.
The Prime Minister's ongoing weekly press conferences were
important opportunities for journalists to discuss politics and
government policies. The Prime Minister's Information Office sought to
facilitate international press access to key government officials and
to provide policy guidance on how news media should be regulated. The
Prime Minister's Information Office continued to monitor press content
informally.
The Government did not limit access to the Internet, and 10
Internet service providers operated during the year.
The Government did not restrict academic freedom. Private
educational institutions, both church-related and secular, were well
established and continued to expand in several cities.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the law was amended in April 2001
to remove restrictions on this right; however, authorities forcibly
dispersed at least one demonstration during the year. The law regulates
public demonstrations but does not apply to private gatherings held
indoors and by individual invitation, nor does it affect religious
gatherings or election campaigning.
In April 2001, the National Assembly amended the law on
demonstrations. The new law removed restrictions on the times during
which marches, parades, and processions were allowed, removed the
prohibition on demonstrations likely to offend the honor of the Head of
State or other government officials, and removed the right of local
authorities to disrupt demonstrations whose objectives they deemed to
be different from those initially stated. In addition, the new law
simplified the approval process for demonstrations. Organizers simply
were required to inform the district administrator of the planned
demonstration rather than seek approval in advance from police and
civil authorities. Local authorities may prohibit a demonstration from
taking place only if it was likely to involve the occupation of public
or private buildings. The new law prohibited the use of excessive force
by the police to control or disrupt demonstrations; however, the
Government used excessive force to disperse one demonstration during
the year.
On May 1, a group of citizens who had worked in the former East
Germany demonstrated at a rally held by President Chissano and
reportedly shouted insults at him. Several hours after the incident
with the President, the Rapid Intervention Police forcibly dispersed
these demonstrators. One of these workers, Mario Vitorino, was taken
into police custody and detained for 4 months. No charges were brought
against him, and he later was released on the condition that he not
leave Maputo.
In December 2001, riot police forcibly dispersed a demonstration
and injured two citizens who had worked in the former East Germany. The
demonstrators were protesting the Government's refusal to pay their
pensions. Funds for such payment had been deducted from their salaries
by the East German government that then provided them to a Mozambican
government representative, who then embezzled the money. The police
justified their actions on the basis that the demonstrators were
violating the law by protesting on a weekday, and that their request
for a permit for the demonstration had been denied; however, the law
was repealed in July 2001 to remove both the time restriction and the
requirement for prior authorization. The National Assembly discussed
the demonstrations and the demonstrators' complaints in March; however,
no action was taken. On September 20, the National Assembly decided
that the issue was too complex and that it was necessary to consult
with the German government; they suspended debate on the issue.
The Government continued to defend police actions in breaking up
nationwide RENAMO demonstrations in 2000 as legal, stating that RENAMO
had violated the time period allowed for such activities, a claim that
was supported by several provincial courts. RENAMO continued to argue
that it had filed for and received necessary permission.
The law provides for freedom of association; however, both the
Government and the law imposed some limits on this right. Legislation
sets forth the process for the registration of political parties. There
are 34 registered, active political parties. A political party is
required to demonstrate that it has no regional, racial, ethnic, or
religious exclusiveness and must secure at least 2,000 signatures of
citizens to be recognized (see Section 2.c.).
The Government required nonpolitical groups such as NGOs and
religious organizations to register. A government decree regulates the
registration and activities of foreign NGOs. Foreign NGOs must register
their presence and scope of work with the Ministry of Foreign Affairs
and Cooperation; the Ministry then issues permits to those NGOs whose
programs the Government decided complement its priorities. Observers
believed that the requirements worsened the already lengthy
bureaucratic process that NGOs must follow to work in the country.
Although the registration process was not always transparent and could
take many months, the authorities rarely rejected applications from new
associations.
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; the Government generally respected these rights in practice.
The law 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. The Christian Council reported that not all
religious groups register, but unregistered groups worshiped unhindered
by the Government.
The law governing political parties specifically forbids religious
parties from organizing, and any party from sponsoring religious
propaganda. The Independent Party of Mozambique (PIMO), a predominantly
Muslim group without representation in Parliament, has argued for the
right of political parties to base their activities on religious
principles. The Government has tolerated PIMO's activities, although it
has criticized the group. PIMO and some members of the legislature
argued that the Movimento Islamico, a parliamentary caucus of Muslims
from the ruling FRELIMO party, was tantamount to a religious party.
Most places of worship nationalized by the Government have been
returned to the respective religious organizations; however, the
Catholic Church and certain Muslim communities complained that some
other properties such as schools, health centers, and residences
unjustly remained in state hands and continued to press for their
return. The Directorate for Religious Affairs is mandated to address
the issue of the return of church properties. Government sources stated
that the majority of properties were returned, with a few cases still
being examined on an individual basis, including two cases in Maputo
that remained unresolved by year's end. Provincial governments have the
final responsibility for establishing a process for property
restoration. The return of church property is problematic when the
facility is in use as a public school, health clinic, or police
station, because funds for construction of new facilities are scarce.
After several decades of unsuccessful attempts to gain a building
permit, the Islamic community constructed the Grand Mosque in downtown
Maputo during the year. While services have started at the Mosque,
there was no official opening by year's end. Previously the Government
had refused to grant permission for mosques to be built in the center
of major cities.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, at times the Government infringed upon these rights.
Police traffic checkpoints sometimes established for safety or
security concerns occasionally affected freedom of movement. 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 stopped
foreign pedestrians and ordered them to present original passports or
resident papers, sometimes refused to accept notarized copies, and
fined or detained those who failed to show proper documents (most
persons do not carry the originals of documents due to the risk of
theft). Police also detained local citizens routinely for failure to
carry identity papers and extorted bribes (see Section 1.d.).
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. In cooperation with the U.N. High
Commissioner for Refugees (UNHCR), the Government offered shelter to
refugees, the vast majority of whom came from other African countries.
There was a reported increase in refugees in the country; between June
and November 2001, the number of refugees in the country increased from
3,000 to an estimated 4,500. There were approximately 1,450 refugees in
the Bobole camp near Maputo, 1,433 in the northern provincial capital
of Nampula, and 200 in Lichinga. The largest percentage of refugees was
from the Democratic Republic of the Congo (DRC), Burundi, and Rwanda,
and there were small numbers of refugees from Angola, Sudan, Somalia,
Ethiopia, Kenya, Zimbabwe, and Uganda. The UNHCR had planned to phase
out its operations in the country by the end of 2000; however, the
increasing number of refugees, especially from the Great Lakes region
of Africa, prevented this from happening. In June 2001, the Government
opened a new refugee center near the northern provincial capital of
Nampula and had planned to transfer refugees residing in Bobole to the
new center by the end of 2001; however, by mid-2001 the new camp
already was filled to capacity, which resulted in a delay in
transferring refugees from Bobole. The transfer of refugees from Bobole
began at the end of the year, and once the transfer is completed,
Bobole camp was expected to be closed. Refugee camp conditions met
minimal standards, although some refugees claimed to fear attack by
fellow refugees on the basis of ethnicity. The UNHCR occasionally made
alternative shelter available to those who felt threatened. The
Government offered first asylum and provided it to 1,788 refugees
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 citizens with the right to change their
government peacefully, and in 1999 citizens freely exercised their
right to vote in the country's second multiparty general elections,
which international observers considered to be generally free and fair.
The elections were marred by allegations of vote-counting
irregularities; however, international observers determined that this
did not impact the results. 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. In 2000 the
President appointed a new Cabinet, the new National Assembly took its
oath of office, and the President announced new provincial governors.
All ministers and governors, and most vice ministers, are FRELIMO
members.
According to international and domestic observers, the voting
process was transparent, peaceful, and orderly with approximately 75
percent of the registered voters 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. Due to a large number of illiterate
voters, there were a significant number of ballots on which preferences
were unclear and which required interpretation by the National
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, and in 2000 the Court unanimously rejected RENAMO-UE's
complaints; the Court acknowledged that there were some minor
irregularities but concluded that these did not change the results of
the elections.
The opposition coalition continued to refuse to accept the election
results or the Supreme Court's decision; however, the coalition
participated in Parliament and worked with FRELIMO on a number of ad
hoc and standing committees to draft and approve consensus legislation.
Direct dialog between President Chissano and RENAMO leader Dhlakama
took place in December 2000, January 2001, and March 2001. In March
2001, Dhlakama withdrew from the discussions, citing a lack of
progress, and canceled his party's participation in bipartisan working
groups on constitutional, judicial, defense, security, economic, civil
service, and local government matters, as well as on the 2000 RENAMO
demonstrations.
Article 19 and the LDH monitored media coverage of the national
electoral campaign. The National Election Commission was criticized for
categorizing newspapers in which state-owned enterprises and FRELIMO
party members hold majority shares 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 (see Section 2.a.).
There were 102 women in the 250-member National Assembly (two died
during the year), and there were 3 female ministers and 5 female vice
ministers in the Cabinet. FRELIMO's policy mandated that at least 30
percent of the party's two governing bodies must be women. During the
year, the Political Commission and Central Committee fulfilled this
mandate. Nevertheless cultural factors inhibited women's effectiveness
in public life (see Section 5).
Persons representing many ethnic groups participated in the
executive, judicial, and legislative branches of the Government.
Leadership positions within FRELIMO traditionally have been dominated
by the Shangaan ethnic group, while those in RENAMO traditionally have
been dominated by the Ndau ethnic group.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no legal obstacles to the formation of domestic human
rights groups, although registration procedures for NGOs were onerous
and expensive (see Section 2.b.). While the Government did cooperate
with NGOs, many NGOs believed that the Government was slow to respond
to their requests for information and prison visits (see Section 1.c.).
The Government responded to human rights-related inquiries from the LDH
and the DHD on a case-by-case basis. During the year, the Government
did not respond formally to the LDH and DHD reports on the 2000
nationwide demonstrations and Montepuez deaths in custody (see Sections
1.a., 1.c., 1.d., 1.e., and 2.b.).
In 2000 the DHD published a second report on human rights in the
country and planned to continue to report regularly on human rights.
The report's critical assessment gave particular emphasis to problems
in the judiciary, conditions in prisons, freedom of the press, and
arbitrary arrest and detention of citizens. Among the complaints were
alleged police killings, domestic violence, labor disputes, and land
title conflicts. The 2002 report had not been made public by year's
end. The DHD and the LDH conducted human rights education seminars and
workshops during the year for a wide range of audiences including
political parties, security agencies, businesses, and NGOs.
International NGOs and human rights groups were permitted to visit
and work in the country.
The Government permitted visits by U.N. representatives; however,
no human rights-oriented representatives visited the country during the
year.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution forbids discrimination based on race, sex, or
disability; however, in practice discrimination against women and
persons with disabilities persisted.
Women.--Although official statistics were not kept, according to
health officials, women's groups, and other sources, domestic violence
against women--particularly spousal rape and beating--was widespread.
Many women believed that their spouses had the right to beat them, and
cultural pressures discouraged women from taking legal action against
abusive spouses. There is no law that defines domestic violence as a
crime; however, laws prohibiting rape, battery, and assault can be used
to prosecute domestic violence. During the year, All Against Violence
(TCV), an NGO, registered 893 cases of domestic violence, and 16 of
these cases were prosecuted. A group of women's NGOs lobbied members of
the National Assembly during the year to criminalize domestic violence.
In addition, the Government worked within the Southern African
Development Community (SADC) to increase female participation in
legislatures. Hospitals usually did not attribute evidence of physical
abuse to domestic violence.
A group of women's NGOs, 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 TCV, which serves as a monitoring and educational group
for problems 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
NGOs actively opposing domestic violence worked to involve police in
education, enforcement, and identifying domestic violence as a criminal
problem.
Local NGOs reported that rape was a widespread and serious problem.
Sexual harassment was regarded as pervasive in business, government,
and education, although no formal data existed. Prostitution was
widespread in most cities and towns and especially was prevalent along
major transportation corridors and border towns where long-distance
truckers stayed overnight.
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 appeared that these legal restrictions on women's
freedom were not enforced, they left 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, father, 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 knew of
or demanded this right.
Customary law varied within the country. In some places, it
appeared 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. Women
were the primary cultivators of family land in the country. Under
customary law, they often have no rights to the disposition of the
land. The law specifically permits women to exercise rights over
community land held through customary rights. Anecdotal evidence
indicated that the land law had only a minimal effect on women's
rights; the law appeared to formalize existing practice. However,
domestic NGOs such as the Rural Women's Development Association and
Rural Mutual Assistance Association have cautioned that much 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 constituted slightly more than half the population but were
responsible for two-thirds of economic production. Women in the
workplace received lower pay than men for the same work. According to
parliamentarians who debated the proposed revision of the law, women
were 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
violated this right.
The Government continued to target maternal and child health
problems and focused on immunizations for women of childbearing age and
for young children. The estimated maternal mortality rate was 1,100 per
100,000, a significant improvement over 2001. Numerous development
organizations and health-oriented NGOs also emphasized programs to
improve women's health and increasingly focused resources on combating
the spread of HIV/AIDS and sexually transmitted diseases.
The law permits the entry of women into the military; however,
there were few women in the armed forces, and the highest ranking woman
in the army was a major. In 2000 the military began to recruit women
for the first time since the institution of the compulsory service law,
and of the 93 women registered, 20 to 30 were selected to undergo
military training. However, due to a lack of facilities to accommodate
male and female training, the female recruits did not receive military
training by year's end and are unlikely to do so in the near future.
Children.--The Government has made children's rights and welfare a
priority, but admitted that there were some significant problems.
Primary education was free; however, a matriculation fee was charged
for each child, which was a significant financial burden for many
families, and children were required to purchase books and school
supplies. Primary education was compulsory through the fifth year;
however, there were few educational facilities, which limited
enrollment. A few new primary schools opened during the year throughout
the country; however, schools were overcrowded, and there was much
corruption in the school system. Newspapers frequently reported that
the parents of school children had to bribe teachers or officials to
enroll their children in school, and that girls exchanged or were
forced to exchange sex with teachers for passing grades. The 1997
census estimated that approximately 50 percent of children ages 6
through 10 were in primary school; however, only a fraction of children
continued with secondary studies.
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 percent for grades 11 and 12. However,
there were only 105 public secondary schools nationwide, of which only
23 offered classes through grade 12. Approximately 76 percent of
females over 15 years of age were illiterate. Outside the main cities
where there were fewer secondary schools, and where boarding was
required for attendance, the number of female students dropped
significantly. Unlike in previous years, there were no reports that
girls were forcibly expelled from school dormitories.
An NGO, the Association to Support Mozambican Children (ASEM),
operated 2 alternative-learning centers in Beira 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 continued a vaccine initiative and
a program to manage childhood illnesses. It was estimated that 55
percent of child deaths in the country resulted from malnutrition or
related illnesses.
Due largely to the work of some 10 NGOs concerned with helping
street children in 2001, the number of street children was estimated to
be approximately 400 in the Maputo metropolitan area, compared with
3,000 in previous years. Street children sometimes were beaten by
police and frequently were victims of sexual abuse. Some remedial
government programs continued, including programs on education,
information dissemination, health care, and family reunification. The
mortality rate for infants was 126 per 1,000, and for children under
the age of 5 it was 201 per 1,000. The Maputo City Women and 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. ASEM, in Beira, also provided
counseling to parents who had expelled children from their homes, which
usually happened when a wife has children who were unacceptable to a
new husband.
Child prostitution remained a problem (see Section 6.f.).
There were reports that children in rural areas were used to settle
financial and other disputes (see Sections 6.c. and 6.f.). Families
delegated the children to work for limited periods of time to settle
debts.
Persons 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 injured veterans frequently
protested that societal discrimination continues against persons with
disabilities. Approximately 1.9 percent of citizens have physical or
mental disabilities.
The Government only provided four schools nationwide for the
hearing and vision impaired and for persons with physical and mental
disabilities. There were few job opportunities for persons with
disabilities in the formal sector, although the 1997 census reported
that 55 percent of such persons worked or held a job.
Social workers found that some parents of children with
disabilities in several districts, including the towns of Gorongosa and
Dondo, did not permit their children to leave their homes. Provincial
Ministry of Women and Coordination of Social Action officials continued
their educational campaign to reverse traditional attitudes toward
children with disabilities.
The Government continued to rely on NGOs to assist persons with
disabilities. The Association of Disabled Mozambicans (ADEMO) addressed
social and economic needs of persons with disabilities. ADEMO's
effectiveness during the year was hindered by internal conflicts.
Smaller NGOs also have formed, including the Association of Handicapped
Military and Paramilitary Mozambicans, the Association of Blind and
Visually Impaired Mozambicans (ACDVM), the Association of Mozambican
Disabled Soldiers (ADEMIMO), the Association of Deaf Mozambicans
(ASUMO), the Association of Demobilized War Veterans (AMODEC), and the
Association of Disabled Divorced Women (AMODD).
Concerns of persons with disabilities included access to
socioeconomic opportunities and employment, accessibility to buildings
and transportation, and a lack of wheelchairs. The only provisions that
the Government has enacted for accessibility to buildings and
transportation for persons with disabilities were in the electoral law
governing the country's first multiparty elections, which addressed the
needs of voters with disabilities in the polling booths. Special access
facilities were rare.
National/Racial/Ethnic Minorities.--There was no systematic
mistreatment 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 that the Government favored
economic development in the southern part of the country over other
areas. The Government has taken several steps to address such concerns;
the central and northern provinces have been included in the
Government's 5-year development plan, economic and social plan, poverty
alleviation strategy, and investment incentive program. In addition,
the President, Prime Minister, and Cabinet members continued to spend a
significant amount of time in the provinces during the year. The
executive, judicial, and legislative branches included officials from
central and northern parts of the country in senior positions.
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 enjoyed these rights in practice. The revised Labor Law
regulated labor relations. It expressly prohibits discrimination
against organized labor. Trade unions remained concerned that large-
scale layoffs due to privatization and free trade zones created under
the revised law would result in less favorable labor rights due to
government incentives offered to foreign investors. The percentage of
workers belonging to labor unions was very small; it was estimated to
be less than 1 percent. The majority of union members were in the
larger cities where industries were located.
There were two trade union federations in the country: The
Organization of Mozambican Workers (OTM), which formerly was affiliated
with the FRELIMO party, and the Confederation of Free and Independent
Unions of Mozambique (CONSILMO), which was formed by three unions that
broke away from the OTM. CONSILMO was 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 a working relationship
with the OTM, and includes the powerful 28,000-member Union of
Industrial Construction Workers of Mozambique (SINTICIM) construction
trades union, an early promoter of the rights of female workers. In
August 2001, civil servants formed a new union, the Public Servants
Union (SFP), which was recognized by the Ministry of Justice. However,
the union could not operate because the law did not yet provide for its
existence. The union formed an ad hoc committee, which worked with the
Government to produce the legislation governing its existence and
operation. There were an estimated 100,000 civil servants, making this
potentially the largest union in the country.
The OTM has declared itself free of commitments to any political
party, companies, or religious groups, and its regulations prohibited
persons holding high ranks within any political party from
simultaneously holding top positions in the trade union; however, other
labor unions maintained that the OTM is not independent of FRELIMO.
During the year, Soares Nhaca, a former OTM President, was named
Governor of Manica Province by the Government.
The Constitution and labor legislation give unions the right to
join and participate in international bodies. The OTM was 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 law
protects the right of workers to organize and engage in collective
bargaining. On February 5, the Center for Arbitration, Conciliation,
and Mediation officially opened, and its purpose is to help settle
business-to-business problems through arbitration. The Government did
not set private sector salaries; existing unions were responsible for
negotiating wage increases. The Consultative Commission on Labor met
periodically to negotiate changes in the minimum wage.
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 funeral services). The ILO has cited the
Government's definition of essential services as overly broad, noting
that only public servants engaged in the administration of the State
should be excluded. The law specifies that strikers must notify police,
the Government, union, and employers 48 hours in advance of intended
strikes.
During the year, there were number of work actions. One strike
occurred at MABOR, a company that exported agricultural tires. Company
executives indicated that this work action could result in the
permanent closure of the plant and the loss of 500 jobs. There appeared
to be a trend toward work actions and strikes in the country.
In October 2001, two-thirds of the operators and maintenance
workers at the MOZAL aluminum plant in Matola engaged in a walk-out,
seeking to reopen negotiations for wages and benefits for their
contract. After 3 weeks, the majority of workers returned to work;
however, 40 were fired and disciplinary actions were applied to those
who left work without permission. Those workers who were dismissed were
paid an indemnity during the year.
In 2000 the OTM and other unions threatened a general strike
following a lack of progress in resetting the minimum wage level in
tripartite negotiations involving the unions, the Government, and
employers' organizations (see Section 6.e.). After negotiations came to
a standstill, the Council of Ministers implemented a minimum wage
increase of 26 percent in 2000 and agreed to an additional 4 percent
increase, which was implemented in May 2001, as part of another 17
percent minimum wage increase. In May the minimum wage increase was 18
percent.
Provisions of the Labor Law forbid retribution against strikers,
the hiring of substitute workers, and lockouts by employers. Specific
labor disputes generally were arbitrated through special workers'
committees, formally recognized by the Government.
The law provides for the creation of export processing zones
(EPZs), and the Government was authorized to confer EPZ benefits to any
export-oriented company that met the criteria. There was an EPZ in
Maputo and one in Beira. Workers in EPZs were subject to the same labor
regulations as other workers, and worker rights were respected in
practice.
c. Prohibition of Forced or Bonded Labor.--The Government prohibits
forced or bonded labor, including by children, and there were no
reports that such practices occurred in the formal economy; however,
children in rural areas were used as labor to settle financial and
other disputes, with their families delegating the children to work for
limited periods of time to settle debts (see Section 5).
d. Status of Child Labor Practices and Minimum Age for
Employment.--Child labor is regulated by the labor law. In the wage
economy, the working age without restrictions is 18 years of age. The
labor law permits children between the ages of 15 and 18 to work
subject to certain restrictions. Children between the ages of 12 and 15
are permitted to work under special conditions authorized jointly by
the Ministries of Labor, Health, and Education. For children between 15
and 18 years of age, the employer is required to provide for their
education and professional training and to ensure conditions of work
that are not damaging to their physical and moral development. For
minors under 18 years, the maximum workweek is 38 hours, and the
maximum workday is 7 hours. Minors under 18 years of age are not
permitted to work in unhealthy or dangerous occupations or those
requiring significant physical effort. Children must undergo a medical
examination before beginning work. By law children must be paid at
least the minimum wage or a minimum of two-thirds of the adult salary,
whichever is higher. The Ministry of Labor is authorized to regulate
child labor in both the informal and formal sectors.
Child labor remained a problem in the country, especially in rural
areas where children sometimes worked alongside their parents or
independently in seasonal harvests or commercial plantations. Employers
normally paid children on a piecework basis for such work, which
principally involved picking cotton or tea leaves.
Because of high adult unemployment in the formal sector, estimated
at around 50 percent, few children were employed in regular wage
positions; however, children, including those under the age of 15,
commonly worked on family farms or in the urban informal sector, where
they performed such tasks as ``guarding'' cars, collecting scrap metal,
working as vendors, and selling trinkets and food in the streets.
Regulations on the informal labor sector were not enforced. Children
also were employed in domestic positions and the number appeared to be
rising.
Children orphaned by HIV/AIDS often were forced to work because
they were left without any adult family members or with only extended
family members who were unable to support them.
Violations of child labor provisions were punishable with fines.
Persons engaged in child prostitution, use of children for illicit
activities, child pornography, child trafficking, or forced or bonded
labor may be punished by prison sentences and fines; however,
perpetrators of these crimes rarely were identified and prosecuted.
Punishments for such crimes were not commensurate with that of a
serious crime. Labor inspectors were authorized to obtain court orders
and use police to enforce compliance with child labor provisions.
Enforcement remedies generally were adequate in the formal sectors
but remained inadequate in the regulation of informal child labor. The
Labor Inspectorate and police force lacked adequate staff, funds, and
training to investigate child labor cases, especially in areas outside
of the capital. The Government provided training for police on child
prostitution and abuse (including pornography); however, there was no
specialized child labor training for the Labor Inspectorate. The
Government has disseminated information and provided education about
the dangers of child labor.
The Government had not ratified the ILO Convention 182 on the worst
form of child labor by year's end. In July 2001, the Ministry of Labor
and UNICEF jointly held a conference on child labor and designed an
action plan to address the worst forms of child labor through
prevention, protection, and rehabilitation; however, no significant
actions were taken on the action plan by year's end.
Forced child labor was a problem (see Section 6.c.).
e. Acceptable Conditions of Work.--The industrial minimum wage of
approximately $34 (812,163 meticais) per month was set by ministerial
decree, although the level was recommended through an administrative
process that consisted of a tripartite commission composed of labor
unions, government representatives, and employer groups. There also was
an agricultural minimum wage of approximately $24 (560,310 meticais)
per month, which was established through the same tripartite process.
Neither minimum wage was considered sufficient to provide a decent
standard of living for an average worker and family, and many workers
turned to a second job, if available, maintained their own gardens, or
depended on the income of other family members to survive. Only a small
percentage of laborers worked at the minimum wage level. Less than 10
percent of workers were in salaried positions, and the majority of the
labor force was employed in subsistence farming and the informal
sector. Although the industrial sector frequently paid above minimum
wage, there was little industry outside of the Maputo area. In May the
Government increased both minimum wages by 18 percent following
tripartite negotiations between the Government, employers, and labor
unions.
The Ministry of Labor was responsible for enforcing the minimum
wage rates in the private sector, and the Ministry of Planning and
Finance in the public sector. Violations of minimum wage rates usually
were investigated only after workers registered a complaint. It was
customary for workers to receive benefits such as transportation and
food in addition to wages. There was 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
about employers deducting social security contributions from wages but
failing to pay them into accounts and lack of access to the Social
Security system increased during the year.
During the year, many workers were unable to claim unemployment
benefits. Workers who previously had worked in East Germany had
requested sums that were set aside from their wages to serve as
pensions at a later date. The East German government had provided these
funds to a Mozambican civil servant who later was accused of embezzling
the money. The Government promised to reimburse the workers, but
according to many of the workers, the amounts the Government offered
did not represent the amount of the funds stolen from their accounts.
Throughout the year, hundreds of persons who had worked in East Germany
held demonstrations in front of the Ministry of Labor and the
Parliament, and in May police forcibly dispersed demonstrators after
they attempted to hand the President a formal letter of complaint (see
Section 2.b.). The Ministry of Planning and Finance and the Ministry of
Labor paid the former workers and continued to discuss the situation
with those still unhappy with the amounts being offered.
The standard legal workweek is 40 hours.
In the small formal sector, the Government has enacted health and
environmental laws to protect workers; however, the Ministry of Labor
enforced these laws ineffectively, and the Government only occasionally
closed firms for noncompliance. The Labor Ministry estimated that there
were 97 industrial accidents during the year, with 8 causing permanent
incapacity and 3 resulting in death. Most of these accidents were
blamed on unsafe practices or the lack of safety equipment. 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, although this right was
restricted in practice by threats of dismissal and peer pressure.
Foreign workers are protected under the law.
f. Trafficking in Persons.--There are no specific laws that
prohibit trafficking in persons, and there were reports of trafficking
in persons. Trafficking can be addressed under labor, immigration, and
child welfare laws.
The law does not provide specifically an age of sexual consent;
however, offering or procuring of prostitution and pornography of any
form, including that of children, were illegal under the Penal Code.
Sexual abuse of a child under 16 also was illegal under the Penal Code.
Exploitation of children below the age of 15 continued, and child
prostitution remained a problem. However, authorities in several
provinces took steps to combat child prostitution. Child prostitution
appeared to be most prevalent in Maputo and Beira, and at border towns
and overnight stopping points along key transportation routes. There
was no evidence that it exists in other rural areas. Child prostitution
reportedly was growing in the Maputo, Beira, and Nacala areas, which
have highly mobile populations and a large number of transport workers.
According to the Child Network, a domestic NGO, some members of the
U.N. peacekeeping force that was in the country between 1992 and 1994
may have initiated child prostitution in Manica Province. In addition,
many child prostitutes have been infected with HIV/AIDS.
In Sofala province, where child prostitution existed along the
Beira development corridor (frequented by truck drivers and
businessmen), the Government operated information centers in affected
areas to provide information to families and friends of children who
were raped and exploited, and counseled them on how to deal with the
police, public prosecutors, and judges. To address child prostitution,
a 1999 law prohibits the access of minors to bars and clubs; however,
the Government did not have adequate resources to enforce the law
effectively. In 2000 the Ministry of Women and Coordination of Social
Action launched a campaign against the sexual exploitation of children
and was working to educate hotels about the problem of child
prostitution. The UNDP assisted the Government with training police to
aid child prostitutes; however, there was a lack of accommodation
centers, and the Government was unable to offer safe shelter to child
prostitutes when they were removed from danger.
Unlike in the previous year, there were no reports that children
were trafficked to South Africa and Swaziland for prostitution.
Many citizens working illegally in South Africa and Swaziland were
subject to abuses there. Children's advocates reported that there were
indications that a small number of children were trafficked to South
Africa and Swaziland for prostitution; however, there were no confirmed
cases during the year.
Unlike in previous years, there were no reports that women were
lured into South Africa by international organized crime syndicates
with the promise of jobs and decent wages, and then forced to work as
prostitutes.
The LDH investigated a case of a 17-year-old girl kidnaped by her
neighbors in late 2000 and taken to South Africa for unknown purposes.
She was held for 2 months in the Johannesburg area, and may have been
abused sexually. The girl was freed by police; the perpetrators were
held briefly then released due to lack of enough evidence to prosecute.
The Government has not devoted resources to combat trafficking, and
there was no specific protection offered by either the Government or
NGOs for trafficking victims. The Government did not take any specific
actions to combat trafficking during the year.
__________
NAMIBIA
Namibia is a multiparty, multiracial democracy. President Sam
Nujoma, leader of the South West Africa People's Organization (SWAPO),
was reelected in 1999 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. In the 1999 elections, SWAPO won
three-quarters of the seats in the National Assembly. In 2001 President
Nujoma announced that he planned to step down at the end of his term.
The judiciary was independent.
The police, including the paramilitary Special Field Force (SFF),
supervised by the Ministry of Home Affairs, and the Namibian Defense
Force (NDF), supervised by the Ministry of Defense, shared
responsibility for internal security. The Namibian Central Intelligence
Service (NCIS) has responsibility for national security-related
intelligence inside and outside the country. Abuses by security forces
in the Kavango and Caprivi regions decreased significantly when
crossborder fighting from and in Angola came to an end. All NDF
soldiers who were sent to the Democratic Republic of the Congo (DRC) in
1998 have been withdrawn. Members of the police force and the NDF were
under the full control of, and were responsive to, the civilian
government. Members of the security forces committed serious human
rights abuses during the year.
The country's modern private sector produced most of its wealth,
while a traditional subsistence agricultural sector (mainly in the
north) supported most of its labor force. The population was
approximately 1.8 million. Ranching still was controlled largely by
white citizens and foreign interests. In other industries, including
the important mining, fishing, and tourism sectors, the participation
of indigenous entrepreneurs has increased and provided growing
opportunities for black citizens. Although there was an extreme
disparity between the income levels of black citizens and white
citizens, the living standards of black citizens continued to improve,
and the major economic resources in the country no longer were
controlled exclusively by white citizens. 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. During
the year, members of both the Namibian and Angolan security forces
killed civilians in the country. There were deaths in custody. The
Government did not account for the whereabouts of several persons
detained by the security forces. Security forces mistreated and
reportedly tortured citizens during arrests and detentions. Unlike in
the previous year, there were no reports that refugees were denied
legal protections during detention. Some security force members who
committed abuses were arrested and tried; however, the Government did
not take action in other cases. Prison conditions and conditions in
military detention were Spartan. Problems with arbitrary arrest and
lengthy pretrial detention continued. A large court backlog, due
primarily to resource constraints, continued to lead to lengthy delays
of trials. High-level government officials continued to respond to
criticism of ruling party and government policies with verbal abuse.
There continued to be pressure on journalists who worked for
government-owned media outlets not to criticize the Government. Unlike
in the previous year, there were no reports that the Government
restricted freedom of movement. Violence against women and children,
including rape and child abuse, continued to be serious problems;
however, the Government took some steps during the year to address
these problems. Women continued to experience serious legal and
cultural discrimination. Racial and ethnic discrimination and serious
disparities in education, health, employment, and working conditions
continued. Discrimination against indigenous persons persisted,
especially in remote rural areas where indigenous people often were
unaware of their rights. There were reports of forced labor, including
by children. The Government took steps to end child labor, and the
problem of child labor declined. Trafficking in persons occurred.
Namibia was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
After the April cease-fire, crossborder fighting in the northern
part of the country ceased, and human rights abuses by Angolan Armed
Forces (FAA) and the National Union for the Total Independence of
Angola (UNITA) forces decreased significantly. Prior to the April
cease-fire, Angolan forces committed unlawful killings and assaulted
civilians.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
committed several unlawful killings during the year, including in the
Kavango and Caprivi regions. During the year, an Amnesty International
report named the police and the paramilitary SFF as the worst human
rights abusers in the country. For example, in February a member of the
SFF shot and killed Kangere Kanjenje in eastern Kavango. Reports
alleged that Kanjenje was wearing a South West Africa Territorial Force
(SWATF) T-shirt at the time of the shooting. The SWATF fought alongside
South African troops against the People's Liberation Army of Namibia,
the force from which most current SFF members were recruited. The SFF
members allegedly pulled Kanjenje aside at a gathering, told him they
had warned him about wearing the shirt, then one member shot and killed
him. A SFF member was in custody pending trial for murder at year's
end.
On February 18, a SFF member shot and killed Wilhelm Hafeni
Hamuteta at Ondajbayala village. Hamuteta reportedly was an escapee
from Oshakati police custody. The SFF member allegedly first shot
Hamuteta in the hand, then three times in the chest at close range when
Hamuteta stopped and surrendered. The case was under investigation at
year's end.
On November 4, NDF soldiers shot and killed five men on Situngu
Island in the Caprivi region. The NDF alleged that the men were
affiliated with the secessionist rebel group, the Caprivi Liberation
Army (CLA). Police began an investigation into the case, and three
homicide charges were filed against the responsible NDF officers by
year's end.
Unlike in the previous year, security forces did not kill Angolan
citizens.
There were no developments in the following 2001 cases: The June
killing of a woman in a Catholic Church by NDF soldiers; the June
killing of Heblonia Maliro Tjiti by an SFF soldier; and the September
killing of Marian Muyeghu and Poroto Kakuru by SFF soldiers.
The trial of an NDF soldier for the 2001 killing of Libwere
Shampapi was pending in the Regional Court of Rundu at year's end.
During the year, NDF officers were charged with the 2000 murder of
Felizberto Toto; police completed an investigation and the case was
with the Prosecutor General at year's end.
There was no further information available on any actions taken
against responsible members of the security forces in the following
2000 cases: The January killing of a 6-year-old girl by a SFF member
who was charged with murder; the January killing of Mpengu Haininga by
SFF members who were charged with murder; and the March case of a SFF
member who was arrested and charged with killing Mapeu Moroshi.
During the year, several persons died in custody. For example, on
August 7, Joseph Siboyili died at Grootfontein, and on September 26,
Walubita Erasmus Chika died at Grootfontein. According to press
reports, both men died of natural causes. On October 26, Cassisus
Pekelezo died of unknown causes at Katima Mulilo State Hospital after
SFF forces took him there under heavy guard. Human rights groups
alleged that Pekelezo was tortured in detention. Siboyili, Chika, and
Pekelezo all were detained as high treason suspects connected with the
1999 secessionist attacks in Caprivi (see Section 1.d.).
The 2001 death in custody of Ismael Mohamed remained under
investigation at year's end, and no further action was taken in the
2001 death in custody of Hans Dikua.
During the year, the Government completed an investigation of the
1999 case in which a police officer in Okahandja beat to death a
student who was arrested and in custody for disorderly conduct. The
police officer immediately was suspended, charged, and released on
bail; his case was with the Prosecutor General at year's end.
At times the Government took action against security forces
responsible for deaths; however, in other cases, the Government did not
take action against security force members responsible for killings.
Crossborder fighting related to the conflict in Angola ceased
during the year, which resulted in significantly fewer civilian deaths.
The media last reported crossborder fighting in January. Fighting
ceased completely after the February assassination of UNITA leader
Jonas Savimbi and the April signing of a ceasefire agreement between
the FAA and UNITA rebels. After the April ceasefire, Namibian security
forces helped to demobilize UNITA rebel forces. Human rights groups,
NGOs, and the U.N. noted that the Namibian police and security forces
provided assistance to refugees and civilians immediately after the
ceasefire. Unlike in previous years, there were no reports of Angolan
government soldiers killing Namibian civilians. On March 3, armed men
shot and killed Kavango villager Sakaria Haundjange Stephanus. Media
and human rights groups reported that the armed men were thought to be
UNITA soldiers. There was no further information about the report by
year's end.
There were no developments in the following cases: The April 2001
death of Nghihangwa Kandume after being in the company of FAA soldiers;
the 2000 case in which an FAA soldier killed Thaddeus Vili; or in the
2000 case of Thadeus Mubili who was killed by FAA soldiers.
After the April ceasefire in Angola, FAA and UNITA forces ceased
using landmines; however, landmines killed and injured several persons
during the year. For example, on May 10, the National Society of Human
Rights (NSHR) reported that an ordinance explosion killed Jonas
Musongo. During the year, residents in northern regions such as
Onamunama and Utomba continued to report landmines.
The Ministry of Defense, national police, and a team of
investigators from France determined that UNITA rebels were responsible
in the 2000 case of a family of foreign tourists who were killed by
unknown armed men.
b. Disappearance.--There were several reports of disappearances
perpetrated by the security forces during the year. The Government did
not account for the whereabouts of some persons detained by the
security forces. Human rights groups alleged that in February NDF
soldiers arrested and detained Fransisco Chivela on suspicion of being
a ``UNITA bandit.'' Chivela was held in the Katima Mulilo police
precinct; however, his whereabouts were unknown at year's end.
There was no new information in the April 2001 case of Corporal
Musenge Chipoya. The NDF considered Chipoya AWOL, and a NDF Board of
Inquiry formed to investigate the case has recommended his discharge in
conformity with the Military Discipline Code.
The NSHR reported that Joao Vinevale, arrested in June 2001 on
suspicion of weapons possession, was transported to the Angolan border
town of Calai; his whereabouts remained unknown at year's end.
There were no developments in the 2000 disappearance of Cesar
Domingos, an Angolan citizen, who reportedly has been missing since his
arrest in Mohopi village by NDF soldiers.
Unlike in previous years, there were no reports that UNITA or FAA
forces kidnaped Namibian citizens and took them to Angola during
crossborder attacks.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution provides that no persons shall be subject
to such practices; however, police, especially members of the SFF, beat
or otherwise mistreated prisoners in practice. The majority of serious
abuses took place in the Kavango and Caprivi regions along the northern
border, where fighting between FAA and UNITA forces spilled into the
country. With the end of hostilities in Angola, the reports of
mistreatment by security forces decreased markedly.
Security forces and police beat and reportedly tortured several
persons they held in custody. For example, in October officers at
Swakopmund police cells beat Joey Yon after he argued with and
assaulted a police officer. Assault charges were filed against Yon and
his case was awaiting trial at year's end. The officers' case was
pending with the Prosecutor General at year's end.
In 2001 SFF members beat five farm workers, and one of the five
workers, Kambinda Ndara, who was beaten severely and bayoneted, filed a
civil claim against the Government. The Government secretly deported
Ndara to Angola in February (see Section 2.d.); however, Angolan
authorities reportedly helped him return. There was no further
information on this case by year's end.
In the 2001 case of Masati Muyenga, who reportedly had been hung
upside down and beaten by NDF soldiers, a civil case against the
Minister of Defense and the President was pending before the High Court
at year's end.
There were no developments in the following 2001 cases of NDF
soldiers torturing of Johannes Sondaha Kampumburu, Peter Mukonda,
Paulus Shifure, Petrus Kalimbwe, and Joseph Simbinde Muvundu.
Unlike in the previous year, there were no reports that security
forces shot and injured persons during the year.
There were no developments in the 2001 case in which SFF soldiers
at the Daan Viljoen roadblock shot at and missed the vehicle of
Cornelius Grimbeeck and instead shot into Frederick Namaseb's vehicle,
hitting him in the back. There was no further information on the case
at year's end.
A NDF soldier was charged with ``negligent handling of a firearm''
in the 2001 case in which Ralph Nairenge, a 17-year-old student at the
Bunya Junior Secondary School was shot and injured. There was no
further information on the case at year's end.
No action reported was taken against the members of the security
forces responsible for beating, shooting, or otherwise abusing persons
in the following cases from 2000: The February beating of Kamungwe
Ngondo; the February shooting of Muyeva Thadeus Munango; the February
beating of Hompa Anton; the January beating of Erkki Fiderato; the
January shooting of Kandepwe Kapama; the January shooting of Kathumbi
Diyeve; the January beating of Lucas Kavura and his father, Daniel
Nyambe; and the January beatings of Kapindi Mpepo, Haupindi Hamuyera,
and Petrus Paulus.
There were reports that SFF members harassed persons who they
stopped for identification checks. For example, in July SFF members
reportedly searched and harassed an Angolan businessmen at Oshikango.
Unlike in previous years, and even though senior government
officials continued to criticize homosexuality, there were no reports
that security forces harassed homosexuals (see Section 5). The SFF
disciplined the two members who ripped earrings from the ears of
Katutura men in 2001, and the case was closed. There was no further
information about any action in the case of the SFF members who beat
two homosexual men in June 2001.
Unlike in previous years, there were no confirmed reports that
security forces targeted members of the Mafwe or Kxoe ethnic groups for
harassment; however, rumors persisted of tension between the groups and
security forces (see Section 5).
At times security force members who committed abuses were arrested
and tried in military courts or the civilian criminal justice system;
however, in other cases, the Government did not take any action against
those responsible for abuses.
During the year, media and human rights groups continued to report
on the ongoing court cases that resulted from security forces
responding with violence to secessionist attacks in 1999. The Legal
Assistance Centre (LAC) represented former parliamentarian Geoffrey
Mwilima in a civil suit against the Government for damages due to
mistreatment by police after the 1999 CLA attack at Katima Mulilo. The
SFF members involved in the incidents were charged with assault, and
the victims brought individual civil suits against the Government; both
the criminal and civil suits still were pending at year's end. The LAC
reported that 128 civil suits had been filed relating to the 1999 state
of emergency in Caprivi. The criminal cases were scheduled to begin in
February but were postponed because none of the defendants had legal
representation. Some of the defendants applied for legal aid; however,
the Government refused to provide it. The Supreme Court postponed the
hearing challenging the refusal twice during the year. In May the
Supreme Court ruled in favor of the defendants, requiring the
Government to provide legal aid. The criminal cases were postponed
further, as the state-provided counsel needed time to prepare the
cases. In November the Government announced that the cases would go to
trial in February 2003. The defendants remained in detention at year's
end (see Section 1.d.).
The police continued to make use of a human rights training course
and a human rights manual designed by the LAC. A directive that
prohibited the use of sjamboks (heavy leather whips) by police
continued to be in force during the year; however, police did not
always observe the directive in practice. Police officers who used
sjamboks were disciplined and some were charged with assault.
There were reports of intimidation and abuse of civilians by the
FAA soldiers, including rape, sexual harassment, threatening behavior
by drunken soldiers, and indiscriminate use of firearms (see Section
5). For example, on September 30, two FAA soldiers raped Bertha
Nankali, a citizen with disabilities. Senior FAA members reportedly
attempted to bribe Nankali's family to drop the charges against them.
The family did not drop the charges, and the case was pending at year's
end.
Unlike in the previous year, there were no reports that UNITA
forces raped female citizens.
Landmines continued to injure persons (see Section 1.a.).
Prison conditions and conditions in military detention facilities
were Spartan; however, the conditions generally met international
standards. Visits by international organizations, as well as by a
government-sponsored commission, found incidents of overcrowding, poor
maintenance, and some abuse of vulnerable groups such as women. Victims
of abuse were able to pursue legal remedies. The Ministry of Prisons
and Correctional Services administered the country's prisons and jails
and continued to work to improve conditions.
Female prisoners were held separately from male prisoners. The
Government also made efforts to separate youthful offenders from adult
criminals, although in many rural areas, juveniles continued to be held
with adults. Separate facilities for child offenders were established
in Windhoek and Mariental. There were several pilot programs that
provided alternatives to incarceration for juvenile offenders. Pretrial
detainees were not held separately from convicted prisoners.
The Government continued to grant nongovernmental organizations
(NGOs) regular access to prisons and prisoners. The ICRC requested and
received prison access, including access to the high security Dorbabis
detention facility.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution forbids
arbitrary arrest or detention except in situations of national
emergency; however, security forces at times used arbitrary arrest and
detention in practice. 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 were not represented by counsel,
primarily due to the lack of resources. Prisoners generally had access
to legal counsel and family during regular visiting hours. Detainees
had access to their lawyers prior to trial. There was a functioning
bail system in place, and the LAC reported that it generally was
observed except in rural areas, where persons often were unaware of
their legal rights.
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
extended beyond 1 year in some cases (see Section 1.e.). Under a state
of emergency, the Constitution permits detention without trial,
although the names of detainees must be published in the Government's
gazette within 14 days, and their cases must be reviewed within 1 month
by an advisory board appointed by the President.
Citizens who were arrested arbitrarily used civil suits as legal
recourse in many cases. For example, Matheus Dawid sued the Government
after police arrested and assaulted him twice in 2001. In both
instances, the police mistook Dawid for Bakondja Katijuongua, an
escapee from police custody. In October the Magistrate's Court ruled in
favor of Dawid and awarded him approximately $1,250 (N$12,500). Luiza
Lomba sued the Government, claiming she was arrested and detained as an
illegal immigrant in 2000. Immigration and police officers arrested
Lomba and detained her for several hours before allowing her to search
for and present her birth certificate. When she presented the document,
officers released her without charge. In July the Windhoek Magistrate's
Court awarded Lomba approximately $1,500 (N$15,000) in damages.
Security forces arrested and continued to detain persons suspected
of involvement in or collaboration with rebels. For example, in January
police arrested two brothers, Paulus Ndumba and Markus Vihemba, after
their relative accused them of being ``UNITA bandits.'' There was no
further information available on the case at year's end. In July SFF
members arrested three persons in Chinchimane village on suspicion that
they were members or supporters of the CLA. They were detained at the
Katima Mulilo police precinct, and their cases still were pending at
year's end.
In 2001 NDF soldiers arrested Andreas Munango for being a UNITA
collaborator. Munango was held secretly at Rundu Military Base for 2
months, and then was transferred to Oshakati police custody for 2
months. He eventually was transferred back to Rundu Military Base.
Human rights groups reported that Munango was released in May.
The 2001 cases of suspected rebel collaborators Rassen Lutambo and
Corporal Musenge Chipoya (see Section 1.b.) remained under
investigation, and no action was taken by year's end.
There were no new developments in the case of Frans Hamberera
Kanyeva, who was arrested on suspicion of UNITA involvement and
forcibly deported; however, in 2001 human rights groups reported that
Kanyeva had returned to the country.
There was no new information on the 2000 case in which security
forces reportedly arrested and detained 3 senior headmen from the Kxoe
minority group. In 2001 a court ruled against a LAC request for a writ
of habeas corpus in the continued detention of approximately 15 Kxoe
men during a 2000 security sweep in western Caprivi.
Unlike in previous years, there were no reports that security
forces arrested persons for the alleged possession of weapons; however,
the whereabouts of some persons arrested in previous years remained
unknown (see Section 1.b.).
Police sometimes arrested persons for not having identification
cards. These persons included illegal aliens and sometimes citizens,
especially with nontraditional names. Persons generally were released
after their families brought proof of identification to the police.
Unlike in the previous year, police did not arrest journalists (see
Section 2.a.).
There was no known action in the 2001 case of police arresting
members of the Hai/Om San ethnic group for not having national
identification cards, and it was unknown if they remained in detention
at year's end.
In December the Government, in cooperation with representatives of
the ICRC, repatriated 74 of the 82 alleged Angolan illegal immigrants
arrested in 2000. During 2 years at the Dordabis detention facility,
two of the aliens died of natural causes, two proved citizenship and
were released, and two were deported to Angola. Two persons remained in
detention with pending cases at year's end after they decided against
returning to Angola.
During the 1999 state of emergency declared in response to CLA
attacks in Katima Mulilo, the security forces detained several hundred
suspected CLA members and sympathizers. Most of the detained were held
incommunicado for 2 weeks, which the Constitution allows during states
of emergency, before the Government provided public notice of the
detentions. All of the detainees were arraigned on charges but were
denied bail, and 126 remained in detention at year's end; their trials
were postponed repeatedly (see Section 1.c.). In October two
defendants, Geoffrey Mwilima and Bernard Mucheka, filed a new bail
applications based on poor health; the Government approved the
applications, but in December ruled against granting bail. During the
year, three defendants in the case died in custody, reportedly of
natural causes (see Section 1.a.). Since 1999 eight defendants in the
case have died in detention.
In 2001 NDF soldiers arrested Liep Kamba and Riembi John in Bagani
near the border between the Kavango and Caprivi regions for allegedly
planting a landmine that killed three persons; they were released
without charge after 3 days. The LAC brought a civil suit against the
Government on their behalf; the suit was pending before the High Court
at year's end.
Some traditional leaders reportedly continued to detain and
imprison persons accused of minor offenses without recourse to police
or judicial review. For example, in January a traditional court
sentenced Anna Shingenge to pay a fine of approximately $350 (N$3500)
for allegedly poisoning a villager in 1999. When Shingenge could not
pay the fine, she was detained in the king's palace and forced to work
unpaid until her family raised funds to pay the fine. In August
Shingenge's daughter asked the LAC to represent her mother's case. The
LAC asked the court to declare unconstitutional the decision of the
traditional authority and challenged an old apartheid government law,
which gave authority to traditional leaders to have courts. The court
ordered Shingenge's immediate release, and the case challenging
traditional courts is expected to continue in May 2003. A related civil
suit, in which Shingenge asked for approximately $55,000 (N$550,000) in
damages for unlawful detention and being subjected to slavery, was
pending at year's end.
The Government generally did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The formal court system had three levels: 30 magistrates' courts;
the High Court; and the Supreme Court. The latter also served as a
court of appeals and as a constitutional review court.
Most rural citizens first encountered the legal system through the
traditional courts, which dealt with minor criminal offenses such as
petty theft and infractions of local customs among members of the same
ethnic group. The law delineates which offenses may be dealt with under
the traditional system. The law defines the role, duties, and powers of
traditional leaders and provides that customary law is invalid if it is
inconsistent with provisions of the Constitution.
The constitutional right to a fair trial with a presumption of
innocence until proven guilty generally was provided by the judiciary;
however, this right was limited somewhat 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 resulted in a serious backlog of criminal cases,
which often translated into delays of up to 1 year or more between
arrest and trial, contravening constitutional provisions for the right
to a speedy trial. Many of those awaiting trial were 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;
government authorities generally respected these rights in practice. In
general violations were subject to legal action.
Under the law, 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 required the consent of a judge.
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, at times high-level
government officials responded to criticism of the ruling party and
government policies with verbal abuse. There also were reports of
government pressure on reporters who worked for the Government-owned
media.
The Government owned one newspaper, the biweekly New Era, and one
magazine, Namibia Review, and the Government also ran the Namibia Press
Agency (NAMPA). The ruling SWAPO party owned one publication, Namibia
Today. There were six independent newspapers. Reporters for independent
newspapers continued to criticize the Government openly and did not
engage in self-censorship.
During the year, high-level government officials sharply and
publicly criticized journalists, human rights groups, and opposition
politicians in response to perceived criticism of the Government or
ruling party (see Section 4). Such verbal attacks did not appear to
have affected significantly the aggressive style of the independent
media or the work of human rights groups or opposition political
parties. The New Era sometimes covered opposition party activities and
views that were critical of the Government; however, NGOs involved in
media issues maintained that reporters working for the New Era
newspaper were subjected to direct and indirect pressure not to report
on certain controversial topics.
Government departments continued not buying The Namibian newspaper
with state funds due to its critical coverage of the President and the
Government. The Cabinet did not allow government advertising in The
Namibian, including public notices on the census and other government
activities; however, the Government continued to advertise in other
newspapers, particularly Namibia Today. Local and international press
freedom organizations criticized the Government's ban. During the year,
the SWAPO Youth League called for parastatals to stop advertising in
The Namibian without results.
Unlike in the previous year, the Government did not purchase the
majority of copies of Namibia Today.
Unlike in the previous year, there were no reports that journalists
were subjected to harassment or violence by police.
The Government owned and operated the Namibian Broadcasting
Corporation (NBC) Radio and Television. NBC television and nine radio
services that broadcast in English and indigenous languages were the
most widely heard and influential media in the country. During the
year, there were reports of government influence on and self-censorship
by the staff of the operations and editorial content of NBC. In August
President Nujoma shifted ministerial responsibility for information and
broadcasting from the Ministry of Foreign Affairs to State House, where
it nominally was under his direct control. The Director General of NBC,
appointed in 2001 and criticized for enforcing ideological compliance
with the Government, resigned in September. For a short time, the
President insisted that some foreign programming be removed from NBC
television; however, some foreign-produced shows were restored after
viewers complained.
There were eight private radio stations, two private television
stations, and a private cable and satellite television service that
broadcast the Cable News Network, the British Broadcasting Corporation,
and a range of South African and international news and entertainment
programs. The ruling SWAPO party owned 51 percent of this cable
service. There were no restrictions on the private ownership of
satellite dishes, and the use of satellite dishes and cable television
was growing.
Government regulations required foreign journalists who sought to
visit the country to apply for a temporary work permit from the
Ministry of Home Affairs. No prior notice of their intended visit was
necessary.
There were no restrictions on Internet access or use. There were
growing numbers of domestic web pages, and three of the independent
newspapers had popular websites.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, except in situations of national
emergency, and freedom of association, even in times of national
emergency, and the Government generally respected these rights in
practice. Organizers of public meetings were required to obtain prior
police approval, but many public gatherings took place without such
approval and without interference by the Government.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights, except in situations of national emergency; however, on
occasion the Government restricted these rights in practice.
Unlike in the previous year, there were no reports that SFF members
beat persons whom they stopped for identification checks; however,
there continued to be reports that they harassed persons (see Section
1.c.).
In June the Government lifted the dusk-to-dawn curfew in the
Kavango region and in the western Caprivi. The curfew was in response
to the war in Angola and the spillover effects in the country.
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 cooperated with the U.N.
High Commissioner for Refugees (UNHCR) on the granting of refugee
status to asylum seekers. The Government's eligibility committee
continued to meet on a regular basis to consider asylum requests, and
the UNHCR was permitted to intervene in those cases where immigrants
would qualify for refugee status. During the year, the Government
reportedly began to require individual status determination for asylum
cases; however, in practice the Government generally granted Angolans
refugee status based solely on their country of origin. Illegal
immigrants were detained for short periods prior to their deportation
proceedings. In cases where illegal immigrants posed a security threat,
they could be detained for longer periods.
The Government continued to permit asylum seekers to enter the
country. Asylum seekers received full UNHCR assistance at the Osire
Refugee Camp pending the outcome of their cases; however, because of a
lack of government resources, cases could go several years without
refugee status determination. At year's end, the UNHCR estimated the
population at the Osire Refugee Camp to be 18,500. Approximately 96
percent of this population was from Angola. The remaining refugees were
from DRC, Burundi, Rwanda, and other African countries. The Government
generally did not permit refugees and asylum seekers to work or live
outside the Osire refugee camp. Primary education was available to all
refugees at the camp. The Government facilitated the refugees'
secondary education at schools outside the camp. Unlike in previous
years, the Osire camp did not experience problems with overcrowding,
shelter, or water quality. Over the past several years, the camp
expanded from its initial capacity of 5,000 persons. During the year,
new shipments of tents and the construction of permanent shelters eased
overcrowding. Drinking water remained in ample supply, and a new
treatment system effectively improved water quality. Malnutrition
continued to be a problem with new arrivals at the camp. Some tension
with local farmers persisted; farmers accused some refugees of
poaching, and refugees claimed they were not paid for informal labor.
The Government continued to maintain strict control over civilian
access to the Osire refugee camp; however, the Namibian Red Cross
Society (NRCS) and the UNHCR had access to the camp. In 2001 the UNHCR
administered two feasibility studies on a government proposal to move
the Osire camp to Mkata. During the year, the Government took no
further action on the relocation of the camp.
A reported 1,010 Namibian refugees voluntarily returned home from
the Dukwe refugee camp in Botswana under a tripartite agreement between
Namibia, Botswana, and the UNHCR. UNHCR-Namibia monitored the return
closely and was satisfied with the Government's cooperation. There were
no reports of harassment of the returned refugees.
Unlike in previous year, there were no reports that Namibian and
Angolan security forces forcibly returned Angolan refugees entering the
Kavango region. Such deportations were a problem on several occasions
starting in 2000, but appeared to have ceased with the end of the
conflict in Angola. Also unlike previous years, there were no
allegations that young males were separated from their families,
arrested, returned to Angola, or forcibly conscripted into the Angolan
army. During the year, the UNHCR again requested and was granted access
to immigration tribunal proceedings.
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 1999 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 more than 60 percent, and the election proceeded
peacefully. Sam Nujoma, leader of the ruling party SWAPO, was reelected
for another 5-year term. Although the Constitution formerly limited the
President to two terms in office, in 1998 the National Assembly amended
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. In the National Assembly, 4 opposition
parties won a total of 17 seats, including the COD party, which won the
largest number of opposition votes; the Democratic Turnhalle Alliance
(DTA); the United Democratic Front; and the Monitor Action Group.
Presidential and legislative elections were expected to take place in
2004.
The Constitution establishes a bicameral Parliament and provides
for general elections every 5 years and regional elections every 6
years. Members of the National Assembly were elected on a party list
system on a proportional basis.
Opposition parties generally were able to undertake political
activities such as advertising and holding party conferences and public
rallies.
Women held 18 seats in the 78-seat National Assembly. There was a
Women's Caucus in parliament that reviewed legislation for gender
sensitivity. There were 3 female ministers and 4 female deputy
ministers among the 42 ministerial and deputy ministerial positions. In
addition, one women held a cabinet-level position as Director of the
National Planning Commission. Women served as the Ombudswoman and as
the Government Attorney.
Historic economic and educational disadvantages have served to
limit the participation of the indigenous San ethnic group in politics;
however, a member of the San community representing the SWAPO party was
elected to the National Assembly in the 1999 general elections.
Virtually all of the country's other ethnic minorities were represented
in parliament and in senior positions in the Cabinet. Members of
smaller ethnic groups hold the offices of Prime Minister, Deputy Prime
Minister, 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
harsh language in responding to criticisms of the ruling party and
government policies by NGOs. Government officials continued to attack
verbally the NSHR. Unlike in the previous year, the Government did not
attack verbally the Breaking the Wall of Silence (BWS) Movement, which
acted as an advocate for former detainees imprisoned by SWAPO prior to
independence. However, despite verbal attacks, local NGOs such as the
LAC, the NSHR, the BWS Movement, and those working with indigenous
groups continued to criticize government policies freely. Both the NSHR
and the Namibia Institute for Democracy (NID) maintained field offices
in the Kavango region. Human rights organizations generally were free
to investigate reports of abuses in the region and to release reports.
In addition, human rights organizations and academic organizations,
such as the Media Institute for Southern Africa (MISA), the Centre for
Applied Social Sciences, and the Human Rights Documentation Centre,
worked openly on a variety of human rights problems affecting the
press, women, ethnic minorities, and other groups. The MISA, which is
based in Windhoek, periodically issued reports criticizing the
Government.
There were no developments in the 2000 deportation of Moses
Nasileli, the Katima Mulilo-based head of NSHR's Caprivi office during
the year.
During the year, representatives of international human rights
organizations, including Amnesty International (AI), visited the
country to investigate allegations of human rights abuses. AI
representatives investigated the possibility of providing legal aid to
the alleged Caprivi secessionists in detention since 1999 (see Section
1.d.).
Section 5. Discrimination Based on Race, Sex, 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''; the Government generally respected these
provisions. During the year, there was continued improvement in the
attention paid to women's issues and the rights of persons with
disabilities. The country has a law protecting homosexuals from
employment discrimination; however, during the year, senior government
officials, including President Nujoma, continued to make disparaging
public remarks about homosexuals. For example, in an August address to
the Congress of the Namibia Public Workers Union (NAPWU), the President
called homosexuality a ``shameful thing,'' and told workers to denounce
the practice. Unlike in the previous year, there were no reports that
SFF members harassed and abused persons whom they suspected were
homosexual.
Women.--Domestic violence against women, including beating and
rape, was widespread. Traditional attitudes regarding the subordination
of women exacerbated 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 domestic violence, and the President, members
of his Cabinet, and parliamentarians continued to speak out against it.
In 2001 convicted rapists and abusers received longer prison sentences
in many cases than in previous years. NGOs continued to express concern
that the court system did not have mechanisms to protect vulnerable
witnesses from open testimony. During the year, the Government worked
on establishing judicial procedures to address the problem, including
the use of mechanisms such as one-way mirrors and closed-circuit
television, but the authorizing legislation for these procedures was
stalled in the Ministry of Justice. Police stated that more women came
forward to report cases of rape and domestic violence. The law defines
rape in broad terms and allows for the prosecution of spousal rape.
In 2001 the police had a special training course on gender
sensitivity. Centers for abused women and children in Oshakati,
Windhoek, Keetmanshoop, Walvis Bay, and Rehoboth were staffed with
specially trained female police officers to assist victims of sexual
assaults. There were sanctuaries for victims of sexual assaults in
Mariental, Swakopmund, and Tsumeb.
Unlike in previous years, there were no reports that women were
kidnaped by armed men along the border with Angola in the Kavango and
Caprivi regions; however, there were several reports that women in
those regions were raped or otherwise abused (see Section 1.c.). In
previous years, the Government claimed that UNITA rebels perpetrated
these abuses; however, human rights groups reported that some of the
incidents were perpetrated by FAA soldiers. Abuses lessened after the
April ceasefire in Angola; however, they did not cease entirely. For
example, on July 10, press and human rights groups reported that an NDF
soldier was arrested for raping a woman near Kongola. On September 30,
two FAA soldiers raped speech-impaired Bertha Nankali (see Section
1.c.).
The Constitution prohibits discrimination against women, including
employment discrimination. The law prohibits discriminatory practices
against women married under civil law. Women married under customary
(traditional) law continued to face legal and cultural discrimination.
Traditional practices that permitted family members to confiscate the
property of deceased men from their widows and children still existed;
however, the frequency of such cases lessened considerably during the
year.
Children.--The Constitution enumerates children's rights, including
those in the area of education and health. During the year, 24 percent
of government expenditures were designated for education and 15 percent
for health care, only a slight decrease from previous years; however,
in practice outmoded policies and laws and an untrained work force led
to inadequate attention to child welfare.
The Constitution provides children with the right to primary and
junior secondary education (grades 1 to 10); however, the numerous
fees, which included fees for uniforms, books, boarding costs, and
school improvement, placed a heavy burden on students' families. The
inability of poorer families to pay the fees, which varied greatly
between regions, precluded some children from attending school. In
general more girls were enrolled than boys in secondary schools. Many
San children did not attend school.
A decline in refugees due to the end of the Angola conflict and the
provision of additional tents, clinics, and schools improved conditions
at the Osire Refugee Camp. Primary education was available to all
refugee children in the camp; however, there was a shortage of
classrooms (see Section 2.d.). The UNHCR reported that it needed 72 new
classrooms at year's end.
Child abuse was a serious and increasingly acknowledged problem.
The authorities vigorously prosecuted crimes against children,
particularly rape and incest. The law protects children under 18 years
of age by criminalizing sexual exploitation, child pornography, and
child prostitution. The age of sexual consent was 16 years. During the
year, courts handed down longer sentences against child rapists than in
previous years, and the Government provided training for police
officials to improve the handling of child sex abuse cases. Centers for
abused women and children were working actively to reduce the trauma
suffered by abused children. Child prostitution existed (see Section
6.f.).
Unlike in the previous year, there were no reports that the Angolan
armed forces were recruiting persons under 18 years of age in the
northern part of the country to fight in southern Angola against UNITA.
Persons with Disabilities.--While discrimination on the basis of
disability is not addressed in the Constitution, the Labor Act
prohibits discrimination against persons with disabilities in
employment; however, enforcement in this area was ineffective. Although
there was no legal discrimination against persons with disabilities,
societal discrimination persisted. The Government legally does not
require special access to public buildings for persons with
disabilities, and many ministries remained inaccessible to them.
Although some municipal governments have installed ramps and special
curbing for persons with disabilities at street crossings, physical
access for those with disabilities remained a problem due to resource
constraints. Disability issues continued to receive greater public
attention than in previous years, with wider press coverage of the
human rights problems that confront persons with disabilities.
Indigenous Persons.--The San, the country's earliest known
inhabitants, historically have been exploited by other ethnic groups.
The Government has taken numerous 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, many San children did not attend
school. Unlike in the previous year, there were no reports from the
NSHR or in the press that claimed that civilians from the Mafwe and
Kxoe San ethnic groups were targeted by police for harassment, and
there were no substantiated reports of harassment.
By law all indigenous groups participate equally in decisions
affecting their lands, cultures, traditions, and allocations of natural
resources; however, San and other indigenous citizens have been unable
to exercise fully these rights as a result of minimal access to
education, limited economic opportunities under colonial rule, and
their relative isolation.
The Government's authority to confer recognition or withhold it
from traditional leaders, even in opposition to local preference,
especially was controversial because of the leaders' influence on local
events, including local police powers. In some cases, the Government
withheld recognition from genuine traditional leaders who agreed with
the political opposition. This has been especially true in the Khoe San
and Mafwe communities in the Caprivi and in the Herero community.
National/Racial/Ethnic Minorities.--The Constitution prohibits
discrimination based on race and other factors and specifically
prohibits ``the practice and ideology of apartheid.'' The law codifies
certain protections for those who cite racial discrimination in the
course of research (including academic and press reporting) 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 persisted. There were several reported cases of
black farm workers suffering discrimination in remote areas at the
hands of white farm owners. Many nonwhites continued to complain that
the Government was not moving quickly enough in education, health,
housing, employment, and access to land.
As in previous years, 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.
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 generally respected this right in practice. Public
servants, farm workers, and domestic employees also have this right;
however, farm workers and domestic servants working on rural and remote
farms often were ignorant of their rights, and unions experienced
obstacles in attempting to organize these workers; as a result, they
reportedly suffered abuse by employers. Trade unions had no difficulty
registering, and there were no government restrictions on who may serve
as a union official. The law provides a process for employer
recognition of trade unions and protection for members and organizers.
Less than 20 percent of full-time wage earners were organized.
Trade unions lacked resources.
Unions were independent of the Government and could form
federations. The two principal trade union organizations were the
National Union of Namibian Workers (NUNW) and the Trade Union Congress
of Namibia (TUCNA). The NUNW and SWAPO were affiliated. In May the
TUCNA formed when the Namibia Federation of Trade Unions (NAFTU) merged
with the Namibia People's Socialist Movement (NPSM). The Government
recognized the non-SWAPO aligned TUCNA, and treated it professionally;
however, the TUCNA did not appear to have the same level of access that
government officials accorded to the NUNW. In previous years, the Mine
Workers Union Investment Company, which consisted of several large
public service, teachers, mining, and maritime unions, was critical of
the Government.
Employers were required to give a registered union access to its
members and to recognize the exclusive collective bargaining power of
the union when a majority of the employer's workers were members of
that union. This provision of the law has been implemented effectively.
Laws specifically protect both union organizers and striking
workers from employer retaliation, and there appeared to be only
isolated cases of retaliation. However, the scarcity of judges and lack
of expertise in labor law caused lengthy and unnecessary delays. The
new labor act, which has not yet been promulgated, includes provisions
for binding arbitration to resolve most labor disputes. The labor law
does not prohibit labor by nonunion replacement workers, but most
companies sought negotiated settlements rather than employing nonunion
replacement workers.
The law empowers the Labor Court to remedy unfair labor practices
and explicitly forbids unfair dismissals. Unfair dismissals occurred
when employers terminated employment without following correct
procedures and a substantially fair process. Unfair dismissals may be
appealed to the Labor Court, and remedies include fines, compensation,
and reinstatement, as determined by a labor court judge; however, there
were not enough judges to address the backlog of cases.
Trade unions were free to exchange visits with foreign trade unions
and to affiliate with international trade union organizations. Unions
exercised this right without interference and were affiliated with the
Southern Africa Trade Union Coordination Council, the Organization of
African Trade Union Unity, and the International Congress Federation of
Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
provides employees with the right to bargain individually or
collectively. Collective bargaining was not practiced widely outside
the mining and construction industries, which had centralized,
industry-wide bargaining. Almost all collective bargaining was at the
workplace and company level. However, as unions became more active,
informal collective bargaining became more common. The Ministry of
Labor cited lack of information and basic negotiation skills as factors
hampering workers' ability to bargain with employers successfully.
Except for workers providing essential services such as jobs
related to public health and safety, workers had the right to strike
once conciliation procedures had been exhausted, and 48-hour notice had
been given to the employer and labor commissioner. During the year, a
5-year prohibition on strikes in the export processing zones (EPZs)
expired. Under the law, strike action could 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 (see Section 6.a.). The law protects workers engaged in
legal strikes from unfair dismissal. Strikes were rare in the country.
During the year, the Ministry of Labor worked proactively to resolve
wage disputes at a new Malaysian textile plant. In August there was an
unsanctioned strike over wages at the Skorpion Zinc Mine, owned by
Anglo-American. Police intervened when the striking workers became
violent and set a mine vehicle on fire. Skorpion management negotiated
a peaceful settlement with the workers, and most returned to their
jobs.
There were EPZs at the Walvis Bay and Oshikango industrial parks
and a number of single-factory EPZs outside of these parks. The law
applies to EPZs; however, in previous year, workers in EPZs were
prohibited from striking, and employers were prohibited from engaging
in lockouts; however, these prohibitions expired during the year.
Nevertheless, unions have been active in the EPZs since their
establishment.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, including by children; however, there continued to be
media reports during the year that farm workers (including some
children on family-owned commercial farms) and domestic workers often
received inadequate compensation for their labor and were subject to
strict control by employers. Given the country's vast distances and the
Ministry of Labor's resource constraints, labor inspectors sometimes
encountered problems in gaining access to the country's large, family-
owned, commercial farms in order to investigate possible labor code
violations. To address this problem, the Ministry of Labor added
inspectors to its payroll during the year.
Unlike in previous years, there were no reports that UNITA forces
kidnaped citizens and forced them to serve as combatants and porters in
Angola. In 2001 there was a report that the Angolan armed forces were
recruiting persons under 18 years of age in the northern part of the
country to fight in southern Angola against UNITA. With the February
end of the conflict in Angola and related crossborder raids, this
problem ceased.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under the law, the minimum age for employment is 14 years,
with higher age requirements for night work and in certain sectors such
as mining and construction. Children below the age of 14 often worked
on family-owned commercial farms and in the informal sector, and some
also worked in communal areas. In 1999 the Namibia Child Activities
Survey reported that of 444,751 children ages 6 to 18 in the country,
72,405 (16.3 percent) worked. The survey defined work as ``for pay,
profit, or family gain, even for 1 hour per day within the 7 days
preceding the survey.'' More than 95 percent of those children
classified as working lived in rural areas, which indicated that the
majority of child labor occurred on farms. The survey also documented
that of those children classified as working, 80 percent continued to
attend school.
The Government has taken steps to end child labor abuses. During
the year, the Ministry of Labor improved their capability to enforce
minimum age regulations; the Ministry hired additional inspectors and
revised inspection checklists to include specific inquiries on ILO
Convention 182 concerns. The Ministry also held a series of workshops
in several rural areas to raise awareness of child labor.
Criminal penalties and court orders were available to the
Government to enforce child labor laws; however, such action involved a
complicated procedure that must be initiated through a civil legal
process.
The Labor Advisory Council, a tripartite board which included
government, union, and private sector representatives, sponsored a
series of workshops during the year to sensitize and inform employers
about child labor regulations.
e. Acceptable Conditions of Work.--There was no statutory minimum
wage law; however, the mining and construction sectors had set basic
levels of pay. During the year, representatives of farm owners and
managers and the Ministry of Labor agreed upon a minimum wage for farm
workers. In Windhoek's historically disadvantaged high-population
density areas, minimum wages for workers did not provide a decent
standard of living for a worker and family. Wage levels for the less
educated majority remained largely unchanged since independence.
The standard legal workweek is 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 were
not observed or enforced rigorously by the Ministry of Labor.
The Government mandates occupational health and safety standards.
The Labor Act empowers the President to enforce these standards through
inspections and criminal penalties. Labor laws generally were
implemented efficiently, and during the year, the Ministry of Labor
added several inspectors to its payroll; however, it still lacked an
adequate number of trained inspectors to monitor adherence to such
labor regulations as providing overtime pay and social security by some
companies, especially small, family-owned operations. 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 did not have this
right in practice.
The law accords the same rights to legal foreign workers as it
accords to citizens.
f. Trafficking in Persons.--Although the law does not specifically
prohibit trafficking in persons, it does prohibit slavery, kidnaping,
forced labor, including forced prostitution, child labor, and alien
smuggling; however, there were reports of trafficking.
There were a few reports of child prostitution. In such cases,
police prosecuted parents as well as the perpetrators. In April the
Government signed and ratified the Optional Protocol to the Convention
on the Rights of the Child, On the Sale of Children, Child
Prostitution, and Child Pornography.
There also were reports that Namibia was a transit country for
persons trafficked to and from South Africa.
Unlike in previous years, there were no reports that UNITA forces
kidnaped citizens and forced them to serve as combatants and porters in
Angola.
During the year, there were no information campaigns specifically
devoted to antitrafficking themes. The Government encouraged its
embassies and consulates to maintain relations with NGOs that followed
trafficking issues. In 2001 police and immigration officials received
training in combating trafficking in persons.
__________
NIGER
Niger returned to democracy in 1999, following coups d'etat in 1996
and 1999, and continued efforts to consolidate a democratic system and
a constitutional government. Tandja Mamadou was elected president in
1999 with 60 percent of the vote in an election that international
observers called generally free and fair. The National Movement for the
Development of Society and the Democratic and Socialist Convention
(MNSD/CDS) coalition, which backed Tandja, won 55 of the 83 seats in
the National Assembly. In 2000 Tandja appointed MNSD member Hama Amadou
as Prime Minister. The Government continued to make some progress
toward democratization and political modernization, including
instituting a transparent budget process and auditing the military
budget. In August soldiers stationed in Diffa mutinied and took several
of their commanding officers hostage, and soldiers in Niamey mutinied
briefly, staging an unsuccessful raid on an armory. Both mutinies ended
after loyalist forces intervened and negotiations ensued. The judiciary
continued to show signs of independence; however, family and business
ties could influence lower court decisions.
Security forces consisted 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. Civilian authorities generally maintained effective control
of the security forces. In a 2000 statement, the armed forces publicly
pledged to abide by the rules of democracy and stay out of politics,
and during the year, the armed forces abided by their pledge. Some
members of the security forces committed human rights abuses.
The country's population was approximately 11.2 million. The
economy was based mainly on subsistence farming, herding, small
trading, and informal markets. Approximately 15 percent of the economy
was in the formal sector, primarily in light industry and government
services. Approximately 63 percent of the population lived on less than
a $1 a day and the country's per capita income was less than $200 a
year. Drought, deforestation, soil degradation, and exceedingly low
literacy were problems. The economy remained severely depressed.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained.
Security forces killed one person while forcibly dispersing a
demonstration. There were reports that members of the security forces
tortured, beat, and otherwise abused persons. Prison conditions
remained poor, and arbitrary arrest and detention remained problems.
Delays in trials resulted in long periods of pretrial confinement. The
judiciary also was subject to executive and other influence. The
Government limited at times the freedom of movement for security
reasons. Security forces infringed on citizens' privacy rights. The
Government limited freedom of the press. Security forces forcibly
dispersed several demonstrations during the year. The Government
generally respected the right to association; however, several Islamist
organizations that engaged in or threatened violence remained banned.
Domestic violence and societal discrimination against women continued
to be serious problems. Female genital mutilation (FGM) persisted,
despite government efforts to combat it. There was societal
discrimination against persons with disabilities and ethnic and
religious minorities. Worker rights generally were respected; however,
there were reports that a form of slavery or servitude was practiced.
Child labor occurred, including child prostitution. There were reports
of trafficking in persons. Niger was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, in early February, security
forces killed one person and injured several others when they shot into
a crowd of protesters (see Section 2.b.). During the military's
intervention in the August mutinies, two soldiers were killed (see
Section 3).
There were no developments, nor are any likely, in the March 2001
attempt to reopen an investigation of the 1999 assassination of
President Ibrahim Mainassara Bare.
The Lake Chad area continued to be patrolled by a Nigerian-
Nigerien-Chadian joint military force. During the year, with the
exception of the August mutinies (see Section 3) and two incidents in
N'Guigmi, the overall area became more secure, and intercommunal
conflict continued to decline. The integration of former combatants
continued, although some tensions remained. Security along the border
still was a concern due to the Toubou rebellion in Chad, highway crime
in northern Nigeria, the long history of clan rivalries, armed
robberies, and the trafficking of weapons and narcotics through the
area.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There were no developments, nor are any likely, in the 2000 case of
the disappearance of two army sergeants, who allegedly were involved in
the kidnaping of Major Djibrilla Hima.
The mutineers briefly held hostage officers assigned to their unit
in Diffa; however, during negotiations to resolve the mutinies, the
mutineers released their hostages unharmed (see Section 3).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, police
occasionally tortured, beat, and otherwise abused persons.
In February there were reports of police torture in N'Guigmi (see
Section 1.d.). By year's end, the Government had not investigated these
reports of torture; however, it reassigned several police officers from
this region to the Criminal Investigation Unit in Niamey during the
year.
Three gendarmes from Torodi were arrested for excessive use of
force during the investigation in late April of four persons suspected
of armed assault on a Dogona villager. During the interrogation, the
gendarmes tortured two of the detainees so badly that they were
evacuated to the Say District Hospital on May 7. Subsequently, the
Minister of Justice issued a statement that called for those in
positions of public authority to respect the rights and liberties of
citizens. The gendarmes were awaiting trial at year's end.
On several occasions during the year, police used tear gas and
water cannons to disperse student protests. There were reports of
several injuries (see Section 2.b.).
No action was taken against the police officers that allegedly beat
students in detention after forcibly dispersing a February 2001
demonstration.
Conditions in all 35 of the country's prisons were poor and life
threatening. Prisons were underfunded, understaffed, and overcrowded.
For example, in Niamey's Civil Prison, there were approximately 550
prisoners in a facility built for 350; 445 of these were awaiting trial
at year's end. Family visits were allowed, and prisoners could receive
supplemental food and other necessities from their families. Prisoners
were segregated by gender, and minors and adults were incarcerated
separately. Pretrial detainees were housed with convicted prisoners.
The Government did not put significant resources into guard training,
and prison conditions did not improve despite a promise from the
Minister of Justice to reform the prison system after a 1999 incident
in which 29 prisoners died in Niamey Central Prison. Nutrition and
health conditions improved slightly due to nongovernmental
organizations' (NGOs) access to prisons.
Corruption among prison staff was rampant. There were credible
reports that prisoners could bribe officials to leave prison for the
day and serve their sentences in the evenings. Prisoners also could
claim illness and serve their sentences in the national hospital.
Human rights observers, including the International Committee of
the Red Cross (ICRC), were granted unrestricted access to prisons and
detention centers and visited them during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the law prohibits
detention without charge in excess of 48 hours; however, police at
times violated these provisions, and arbitrary arrest and detention
were problems. If police failed to gather sufficient evidence within
the detention period, the prosecutor can give the case to another
officer, and a new 48-hour detention period began. The law provides for
a right to counsel, although there was only one defense attorney known
to have a private practice outside the capital. A defendant had the
right to a lawyer immediately upon detention. The Government provided a
defense attorney for all indigents in felony cases, including minors.
Bail was available for crimes carrying a penalty of less than 10 years'
imprisonment. Widespread ignorance of the law and lack of financial
means prevented the accused from taking full advantage of these rights.
Police, acting under authority given them by the Security Law,
occasionally conducted sweeps to detain suspected criminals.
In February police arrested and detained for investigation 21
persons in N'Guimgi for 27 days. By law temporary custody should not
exceed 48 hours. Police arrests for investigation were not uncommon in
this area of the country. Due to the unstable security situation in the
area, security forces at times abused civilians or committed other
violations (see Section 1.c.).
There were several reports that journalists were arrested during
the year (see Section 2.a.).
Following the August mutinies, gendarmes arrested 272 persons (see
Section 3). Three of the military officers arrested and later released
in connection with the 2000 kidnaping of a senior military officer,
Major Djibrilla Hima, were rearrested for alleged involvement in the
August mutiny (see Section 3). Of the 272 detainees, 124 were detained
in Zinder, the rest were in Niamey. At the year's end, most were
detained under the ``preventative detention'' provisions of the law.
The two students detained in February 2001 went on a hunger strike
and on July 24 were transferred to Niamey National Hospital; however,
after receiving care and ending their hunger strike, they were sent
back to prison in Tillaberi, and they remained in detention without
charge at year's end.
Following the 2000 Maradi riots, police arrested approximately 100
persons in Maradi and others in Niamey. In May 2001, the prisoners held
in Niamey were released, and the one person in Maradi charged with
unauthorized demonstration and threatening public order was released by
year's end.
The judicial system faced a serious problem of overload. There were
legal limits to the pretrial confinement period of indicted persons;
however, detention frequently lasted months or years; some persons have
been waiting as long as 6 years to be charged. The Justice Ministry has
made efforts to accelerate the trial process that included proposed
reforms of the justice system, which were expected to be debated in the
2003 National Assembly session. Of the 550 inmates in Niamey's Civil
Prison, approximately 445 were detainees awaiting trial or charges.
The Constitution prohibits forced exile, and there were no reports
of its use.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary occasionally was subject
to executive interference. Although the Supreme Court on occasion has
asserted its independence, human rights groups claimed that family and
business ties influenced lower courts. Judges sometimes feared
reassignment or having their financial benefits reduced if they
rendered a decision unfavorable to the Government. However, there was
evidence of increased judicial independence during the year, including
three cases in which the courts ruled against the Government: A libel
case in which the courts ruled against the Prime Minister; a
declaration that a presidential decree after the August mutinies was
unconstitutional (see Section 3); and a ruling that the Government did
not have the right to remove the Sultan of Zinder from his position and
that only a traditional council of sultans could make such a decision.
Although he won the court case, the former sultan was still being held
by the Government on various criminal charges and faced trial on those
charges at year's end.
Defendants and prosecutors could appeal a verdict, first to the
Court of Appeals, then to the Supreme Court. The Court of Appeals
reviewed questions of fact and law, while the Supreme Court reviewed
only the application of the law and constitutional questions. There
also were customary courts.
Traditional chiefs could act as mediators and counselors and had
authority in customary law cases as well as status under national law
where they were designated as auxiliaries to local officials. Chiefs
collected local taxes and received stipends from the Government, but
they had no police or judicial powers and could only mediate, not
arbitrate, customary law disputes. Customary courts, located only in
large towns and cities, tried cases involving divorce or inheritance.
They were headed by a legal practitioner with basic legal training who
was advised by an assessor knowledgeable in the society's traditions.
The judicial actions of chiefs and customary courts were not regulated
by law, and defendants could appeal a verdict to the formal court
system. Women did not have equal legal status with men and did not
enjoy the same access to legal redress (see Section 5).
Defendants had 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 complied with government requests to provide counsel,
the Government generally did not remunerate them. Widespread ignorance
of the law prevented the accused from taking full advantage of these
rights. There was only one defense attorney known to have a private
practice outside the capital.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law generally requires that police conducting a
search have a warrant, normally issued by a judge; however, human
rights organizations reported that police often conducted routine
searches without warrants. Police may conduct searches without warrants
when they have strong suspicion that a house shelters criminals or
stolen property. The State Security Law also provides for warrantless
searches.
Following the August mutinies and before the presidential decree,
gendarmes conducted searches of the houses of former military officers
without a warrant and arrested several persons (see Section 3). Five
officers and one civilian were arrested in connection with the August
mutinies. Three were the officers who had previously been arrested for
alleged involvement in Djibrilla's 2000 kidnaping (see Section 1.b.).
They were rearrested after the August mutinies and remained in
investigative detention at 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; however, on several occasions the
Government limited these rights in practice. On numerous occasions
during the year, government officials initiated lawsuits against
journalists for articles that either criticized them personally or
criticized the armed forces or for complicity in libelous comments.
The Government published a French-language daily newspaper, Le
Sahel, and its weekend edition. There were approximately 12 private
French-language weekly or monthly newspapers, some of which were
affiliated loosely with political parties. The private press remained
relatively assertive in criticizing government actions. Foreign
journals circulated and reported freely. Strict accreditation
requirements were imposed on domestic and foreign journalists; however,
there were no reports that any journalists have been denied
accreditation. In November 2001, the Government eliminated the
subsidies and preferential tax treatment on newsprint and other
supplies.
The Government continued to use existing law to criminalize slander
and libel and to prosecute, convict, and sentence to prison critics who
infringe those laws in the judgment of the courts. Following the August
mutinies, the Government issued a presidential decree banning press
comment on military and security issues related to the August mutinies.
Although the Government subsequently suspended the decree after the
Supreme Court ruled it unconstitutional, several reporters and one
human rights advocate were detained for statements that allegedly
violated the decree. The charges included ``disseminating false news''
and ``propagating information that could jeopardize national defense
operations.'' In September the 75-year-old human rights activist,
Bagnou Bonkoukou, was tried and sentenced to 1 year in prison for
issuing a press release that disputed the Government's version of the
August mutinies. The press release alleged that several persons were
killed during the August mutiny in Diffa and called for an independent
international investigation of the mutinies. After serving only 6 weeks
of his sentence, Bonkoukou was released under a Presidential Decree
that granted amnesty to pregnant women, the ill, and the elderly.
There were two cases pending for a Canard Libere journalist who was
charged with libel against the Minister of Agriculture and the Prime
Minister. The case by the Minister of Agriculture was dropped; however,
the journalist went to prison for 3 months for libel against the Prime
Minister and was fined approximately $143 (100,000 CFA). On August 12,
an appeal was heard; however, the court confirmed the conviction.
Since literacy and personal incomes were both very low, radio was
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 and several local languages. There were
several private radio stations, including Radio France International,
Africa Number One, Radio et Musique, Radio Souda, Radio Tenere, Radio
Anfani, and Radio Tambara; the last five were owned locally and feature
popular news programs in local languages, including Djerma and Hausa.
These private radio stations generally were less critical of government
actions than were the private newspapers. Radio Anfani and Radio et
Musique presented news coverage that included a variety of points of
view. The other private domestic radio stations were smaller and
offered little domestic news programming. The Government-operated
multilingual national radio service provided equitable broadcasting
time for all political parties during the year.
During the year, the Government's Superior Council on Communication
continued to allow domestic broadcasting services to rebroadcast
programs of foreign origin, such as Voice of America (VOA), British
Broadcasting Corporation (BBC), Deutsche Welle programs, and Radio
France International (RFI).
Television was a far less important medium than radio. The
Government-owned Tele-Sahel broadcast approximately 4 hours every
evening, with programming emphasizing news in French and other major
national languages. On weekends Tele-Sahel broadcast approximately 7
hours a day, with additional time devoted to sports and entertainment.
The Government-owned TAL-TV had a similar broadcast schedule. A private
television station, TV Tenere, broadcast approximately 7 hours a day on
weekdays and 12 hours a day on weekends. In addition to entertainment
programs, TV Tenere transmitted its own evening news program, which
included reports from French and Swiss sources, as well as other French
language European news programs in their entirety. The director of a
private radio station operated a wireless cable television service for
the capital, offering access to international channels.
The news coverage of the state-owned media reflected government
priorities. Presidential activities and conferences dealing with
development issues always were reported. Analysis or investigative
reporting on domestic topics was extremely rare.
SONITEL, the state-owned telephone company that was privatized
partially in 2001, was the country's only Internet service provider
(ISP). There were no private ISP's because telecommunications
regulations set rates at prohibitive levels. The Government does not
restrict access to the Internet through SONITEL, although service
frequently had technical difficulties.
The Government did not restrict academic freedom. As a result of
financial problems and student strikes, the 2001-2002 academic year was
interrupted and started several months late. During the 2002-2003
academic year, some faculties started on time; however, others still
were in the process of finishing the previous academic year and started
late again.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government retained the
authority to prohibit gatherings either under tense social conditions
or if advance notice (48 hours) was not provided. Political parties
legally were permitted to hold demonstrations within a defined area.
There were reports that the Government delayed approving the requests
to demonstrate by political parties; however, there were no reports of
political parties being denied permission for demonstrations during the
year.
During the year, police used tear gas and water cannons to forcibly
disperse several student protests against scholarship arrears and
education austerity measures.
In early February, security forces forcibly dispersed a
demonstration by truckers in N'Guigmi to protest against police
harassment at security checkpoints. One person was killed and several
others injured when security forces shot into the crowd of protesters.
The Minister of the Interior visited the area to meet with civil
society groups and representatives of the security forces and convey
the Government's condolences to the victim's family. He ordered an
investigation; however, there were no further developments by year's
end.
Two students arrested following a demonstration in February 2001
remained in custody (see Section 1.d.).
The Constitution provides for freedom of association; however,
citizens may not form political parties based on ethnicity, religion,
or region. In reaction to rioting led by militant Islamic groups that
engaged in or threatened violence in 2000, the Government banned six
such organizations, and in September 2001, the Government banned two
additional militant Islamic organizations; the eight organizations
remained banned at year's end (see Section 2.c.). In June two
representatives from one of these banned organizations were arrested
for having engaged in political activity inappropriate for a religious
organization by publishing pamphlets calling for Jihad against the
West, and they remained detained in prison at year's end. There were 26
political parties.
c. Freedom of Religion.--The Constitution provides for ``the right
of the free development of each individual in their--spiritual,
cultural, and religious dimensions,'' and the Government generally
respected the freedom to practice religious beliefs, as long as persons
respect public order, social peace, and national unity.
No religious group was subsidized, although the Islamic
Association, which acts as an official advisory committee on religious
matters to the Government, had biweekly broadcasts on the Government-
controlled television station.
Religious organizations must register with the Interior Ministry.
This registration was a formality, and there was no evidence that the
Government has ever refused to register a religious organization. The
Government must authorize construction of any place of worship;
however, there were no reports that the Government refused such
construction during the year. Foreign missionaries worked freely, but
their organizations must be registered officially as associations.
The Government has banned eight Islamic organizations on the
grounds that these organizations were responsible for ``disturbing the
peace'' (see Section 2.b.). No mainstream Islamic organizations or
human rights organizations have challenged the legality of the bans,
which still were in effect at year's end.
There generally were amicable relations between the various
religious communities; however, there have been instances when members
of the majority religion (Islam) were not tolerant of the rights of
members of minority religions to practice their faith. 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 was not as well tolerated as in other areas. Unlike in the
previous year, there were no reports of riots by Muslims against
Christians and no reports of arrests or beatings of Christians or
persons who had worked with Southern Baptists.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for freedom of movement
and restricts neither emigration nor repatriation; however, authorities
imposed some restrictions on these rights for security reasons.
Security forces at checkpoints monitored the travel of persons and the
circulation of goods, particularly near major population centers, and
sometimes demanded payments or bribes. Attacks by bandits on major
routes to the north have declined considerably since 1996, but there
have been regular reports of banditry, sometimes violent, over the past
year.
The law does not provide 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, although the country is a
signatory to the Convention; however, the Government cooperated with
the office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. The UNHCR office in
the country closed at the end of 2001; during the year, the UNHCR's
regional office in Benin was responsible for the refugee assistance and
protection in the country. The Government's interministerial National
Refugee Eligibility Committee took over the UNHCR's refugee
prescreening duties. The Government offers first asylum and has offered
asylum to several thousand persons primarily from Mali and Chad. A few
Chadian refugee families remained in the country.
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 were able to exercise that right during the
November 1999 election. However, this has not always been the case; the
January 1996 coup, the fraudulent 1996 presidential election, the
disruption of local elections in February 1999, and the April 1999 coup
effectively disenfranchised citizens in previous years. The 1999 coup
led to the installation of a military-led government, which instituted
a 9-month transition to a democracy. A 1999 referendum approved a new
Constitution that provided for a power-sharing presidential system and
granted amnesty to perpetrators of the 1996 and 1999 coups. The
Constitution also allowed governmental authorities to remain in place
until new elections were held. In late 1999, the first round of
presidential elections, a presidential runoff, and legislative
elections were held. In November 1999, 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 1999 National Assembly elections, the
National Movement for the Development of Society and the Democratic and
Social Convention (MNSD/CDS) coalition, which backed Tandja, won 55 of
the 83 seats in the assembly. Five of the country's 11 active political
parties are represented in the National Assembly.
Pursuant to the Constitution, the country has a power sharing
presidential 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 persons presented by the majority party
or coalition in the National Assembly. In 2000 Tandja appointed Hama
Amadou as Prime Minister.
The Constitution provides for 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.
In August soldiers stationed in Diffa, the remote eastern part of
the country, took several of their commanding officers hostage. The
dispute reportedly was over claims for increased pay and benefits.
Several days later, there also was an attempt by soldiers to raid an
armory in Niamey. Both mutinies ended after loyalist forces intervened
and negotiations ensued. The initial intervention by loyalist forces
led to a skirmish that resulted in the death of two soldiers in Diffa,
one mutineer and one loyalist. The Government arrested 272 persons in
connection with the mutinies (see Sections 1.d. and 2.a.).
Women traditionally play a subordinate role in politics. The
societal practice of husbands' voting their wives' proxy ballots
effectively disenfranchised many women. This practice was used widely
in the 1999 presidential and National Assembly elections. There was 1
woman in the 83-seat National Assembly; there were 4 female ministers
in the Cabinet. The mayor of the city of Agadez, the capital of a
district that included one-third of the country, is a woman. A 2000 law
mandates that women receive 25 percent of government positions;
however, by year's end, women still did not fill that percentage of
government positions.
All major ethnic groups are represented at all levels of
government. The Government supported greater minority representation in
the National Assembly. There were eight seats at the National Assembly
designated for representatives of ``special constituencies,''
specifically ethnic minorities and nomadic populations. President
Tandja, who reportedly is half Peul and half Kanouri, is the country's
first president who is not from either the Hausa or the Djerma ethnic
groups, which make up approximately 56 percent and 22 percent,
respectively, of the country's population (see Section 5).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several independent human rights groups and associations generally
operated without government restriction, investigating and publishing
their findings and conclusions that often were highly critical of the
Government in their own publications and in the small independent
press. Notable among the associations were the Nigerien 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 were several other women's rights groups. The ICRC was
active in the country.
In March 2001, the Government began funding the National Commission
on Human Rights and Fundamental Liberties, which it had created in
2000. The Commission's mandate included communication, advocacy, and
investigation of human rights abuses, and it has shown signs of
independence since its creation. During the year, it produced reports
on the 2000 kidnaping of a senior military officer, Major Djibrilla
Hima, and the removal of the Sultan of Zinder. Elements of civil
society successfully opposed a government attempt to alter the
composition of the Commission in 2001; however, following the mutinies
in August, the chairman of the Commission was removed from office. Some
members claimed he was dismissed for mismanagement. The Commission
promptly was restructured, and the Government added additional
personnel to the Commission. Civil society members feared that the
restructuring would influence any investigation into the mutinies;
however, the Commission decided not to investigate and instead planned
to carry out training of the military to increase its awareness of
basic human rights.
The Commission was made up of several subcommittees, including,
Women and Children; Racial, Ethnic, and Religious Discrimination;
Detention and Torture; and Protection of Human Rights. The Commission
worked with local human rights groups and international organizations
and was a member of the African Human Rights Commission as well as
Francophone organizations. Commission projects included the drafting of
legislation to ban discrimination against persons with HIV/AIDS,
community outreach and education across the nation, translation of the
Constitution into local languages, and the planning of a nationwide
celebration for International Human Rights Day in December.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on sex, social
origin, race, ethnicity, or religion. However, in practice there were
instances of discrimination against women, children, ethnic minorities,
and persons with disabilities, including, but not limited to, limited
economic and political opportunities.
Women.--Domestic violence against women was widespread, although
reliable statistics were not available. Wife beating reportedly was
common, even in upper social classes. Families often intervened to
prevent the worst abuses, and women may (and did) divorce because of
physical abuse. While women have the right to seek redress in the
customary or modern courts, few did so due to ignorance of the legal
system, fear of social stigma, or fear of repudiation. Women's rights
organizations reported that prostitution often was the only economic
alternative for a woman who wanted to leave her husband.
FGM was practiced by several ethnic groups in the western
department of Tillaberi (which includes Niamey and the towns of Say,
Torodi, and Ayorou) and the eastern department of Diffa. Health care
workers also have noted a high prevalence of cases in Agadez and
Maradi. In July 2001, the National Assembly passed a law to prohibit
FGM that would have carried a prison sentence of 3 to 20 years;
however, the law was rescinded and put under review to ensure that it
complied with international standards. It was expected to be considered
by the March to June 2003 session of the National Assembly as part of a
reform of the justice system.
A 1998 study by CARE International indicated that 5 percent of
women between 15 and 49 years of age had undergone FGM, and a 1998
national Demographic and Health Survey of 7,577 women cited the
incidence of FGM as 4.5 percent; however, a 1999 symposium cited a
World Health Organization global study of 20 percent. Clitoridectomy
was the most common form of FGM. The Government took an active role in
combating FGM and worked closely with a local NGO, UNICEF, and other
donors to develop and distribute educational materials at government
clinics and maternal health centers and participated in information
seminars and publicity.
Prostitution, which is illegal and hidden, was more prevalent near
major mining and military sites.
Despite the Constitution's provisions for women's rights, the deep-
seated traditional belief in the submission of women to men resulted in
discrimination in education, employment, and property rights.
Discrimination was worse in rural areas, where women did much of the
subsistence farming as well as childrearing, 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 remained underrepresented in these areas.
Women's inferior legal status was 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, were not considered
to be heads of households. Among the Hausa and Peul ethnic groups in
the east, some women were cloistered and could leave their homes only
if escorted by a male and usually only after dark.
National service was mandatory for all young women who have
completed university studies or professional training. National service
lasted from 18 months to 2 years, and women could serve as teachers,
health service workers, or technical specialists; however, military
service was not permitted.
Children.--Although the Constitution provides that the Government
should promote children's welfare, financial resources got this purpose
were extremely limited. The minimum period of compulsory education was
6 years; however, only approximately 32 percent of children of primary
school age attended school, and approximately 60 percent of those who
finished primary schools were boys. The majority of young girls were
kept at home to work and were married at a young age, rarely attending
school for more than a few years, resulting in a female literacy rate
of 7 percent compared with 21 percent for men. Literacy rates,
particularly for girls, were even lower in rural areas.
Some ethnic groups allowed families to enter into marriage
agreements under which young girls from rural areas were sent by the
age of 10 or 12 and sometimes younger to join their husband's family
under the tutelage of their mother-in-law. In 2000 the Minister of
Justice formed a commission to examine the problem of child brides; the
commission's work still was ongoing at year's end. In 2001 the National
Assembly considered changing the law to prohibit this practice and
establish a minimum age for marriage; however, no legislation was
passed by year's end.
FGM was performed on young girls in many parts of the country (see
Section 5, Women).
Child prostitution was a problem (see Section 6.f.).
Persons with Disabilities.--The Constitution mandates that the
State provide for persons with disabilities; however, the Government
had not implemented regulations to mandate accessibility to buildings
and education for those with special needs. Regulations do not mandate
accessibility to public transport, of which there was little. Societal
discrimination against persons with disabilities existed.
In August 2001, the mayor of Niamey reportedly established a
program to locate, register, and put in psychiatric care persons with
mental disabilities wandering the streets; however, by year's end,
there was no evidence that this program was made operational. Observers
reported that many persons with mental disabilities were rejected by
their families due to the stigma surrounding mental illness in the
country.
National/Racial/Ethnic Minorities.--The Hausa and Djerma ethnic
groups made up approximately 56 percent and 22 percent, respectively,
of the country's population. These two groups also dominated government
and business. Tandja Mamadou was the country's first president who is
neither Hausa nor Djerma; however, Tuaregs, Arabs, Peuls, Toubous, and
Kanouris had few representatives in the Government, and many of these
ethnic groups asserted that the Hausa and Djerma groups discriminated
against them. The Government increased education for ethnic minorities;
health care for minorities was at the same level as the rest of the
population. However, nomadic persons, such as Tuaregs and many Peul,
continued to have less access to government services and continued to
be dissatisfied with the Government. In July former Tuareg rebels
protested that the Government was not implementing the 1995 peace
accords. During the year, there was an increase in reports of banditry
in the north that may have involved former Tuareg rebels turned
criminals.
Limited security issues existed in the northern areas as a result
of continued conflict over land use between farming and herding ethnic
groups. In recent years, the Government undertook various educational
and conciliation activities in the region. Occasionally tensions
increased in limited areas, but no serious problems were reported
during the year.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides formal
recognition of workers' right to establish and join trade unions;
however, more than 95 percent of the work force was employed in the
nonunionized subsistence agricultural and small trading sectors.
The National Union of Nigerien Workers (USTN), a federation
consisting of 38 unions, represents the majority of salary earners;
most were government employees, such as civil servants, teachers, and
employees in state-owned corporations. The USTN and affiliated National
Union of Nigerien Teachers (SNEN) professed political autonomy, but
they had informal ties to political parties. There were several
breakaway union confederations and independent teachers' and
magistrates' unions, including the Confederation of Forces of
Democratic Workers (CFDT) and the Nigerien General Workers Union
(UGTN), a new confederation of unions founded during the year. In
January 2001, breakaway members of the USTN founded the Democratic
Confederation of Niger's Workers (CDTN). The police union remained
suspended.
The Labor code prohibited antiunion discrimination by employers,
and labor unions reported no such discrimination.
The USTN was a member of the Organization of African Trade Union
Unity and was affiliated with the International Confederation of Free
Trade Unions; it received assistance from some international unions.
Individual unions such as the teachers union were affiliated with
international trade union secretariats.
b. The Right to Organize and Bargain Collectively.--In addition to
the Constitution and the Labor Code, there is a basic framework
agreement between the USTN, employers, and the Government that defines
all classes and categories of work, establishes basic conditions of
work, and defines union activities. The Labor Code is based on
International Labor Organization (ILO) principles, and it protects the
right to organize. In private and state-owned enterprises, unions
widely used their right to bargain collectively with management without
government interference for wages greater than the statutory minimum as
well as for more favorable work conditions. Collective bargaining also
existed in the public sector. The USTN represented civil servants in
bargaining with the Government. Agreements between labor and management
applied uniformly to all employees.
The Constitution provides for the right to strike, except for
security forces and police. The law specifies that labor must give
notice and begin negotiations before work is stopped; public workers
must maintain a minimum level of service during a strike; the
Government can requisition workers to provide minimum service; and
striking public sector workers may not be paid for the time they are on
strike. The latter condition already prevailed in the private sector.
The ILO has criticized a 1996 legal order that says striking state
employees can be requisitioned in exceptional cases arising as a result
of the need to preserve the general interest.
During the year, there were several strikes by education and health
care workers, generally relating to fringe benefits and lack of good
working conditions.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits
forced or bonded labor, except by legally convicted prisoners; however,
although slavery is prohibited by the Constitution, a traditional form
of slavery or servitude still was practiced by the Tuareg and Arab
ethnic minorities, particularly in remote northern regions and along
the border with Nigeria. In July 2001, the National Assembly passed
revisions to the Penal Code to include new punishable offenses for
crimes related to the practice of slavery; however, because of a review
of the revisions for their compliance with international standards, a
presidential decree to implement the new revisions was not issued by
year's end. Persons were born into a traditionally subordinate caste
and were expected to work without pay for those above them in the
traditional social structure. None of these individuals appeared to
have been forced into slavery or servitude. Individuals can change
their situations and were not pursued if they left their positions;
however, most did not and accepted their circumstances as natural. A
local NGO, Timidria, worked actively against this practice.
The Labor Code does not prohibit specifically forced and bonded
labor by children, and there were credible reports of underage girls
being drawn into prostitution, sometimes with the complicity of the
family.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law permits child labor in nonindustrialized
enterprises under certain conditions; however, law and practice
prohibit child labor in industrial work. Children under the age of 14
must obtain special authorization to work, and those 14 to 18 years of
age were limited to a maximum of 4-and-a-half hours per day and certain
types of employment so schooling may continue.
The law requires employers to ensure minimum sanitary working
conditions for children. Ministry of Labor inspectors enforced child
labor laws.
Child labor practically was nonexistent in the formal (wage)
sector, and there were no known instances of the use of child labor in
factories; however, children worked in the unregulated agricultural,
commercial, and artisan sectors, and some--especially foreign--youths
were hired in homes as general helpers and baby sitters for very low
pay. The majority of rural children regularly worked 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 were kept out of school to guide a blind relative on
begging rounds. Others sometimes were employed by marabouts (Koranic
teachers) to beg in the streets (see Section 6.f.). There was no
official recognition of this labor.
The Ministry of Labor, which was responsible for implementing ILO
Convention 182 on the Worst Forms of Child Labor, was working with
UNICEF and the International Program on the Elimination of Child Labor
to determine the extent of the problem in the country. The Ministry of
Labor did not provide a report by year's end.
There were reports that forced and bonded labor by children
occurred (see Section 6.c.).
e. Acceptable Conditions of Work.--The Labor Code establishes a
minimum wage for salaried workers of each class and category within the
formal sector; however, minimum wages were not sufficient to provide a
decent standard of living for workers and their families. The lowest
minimum wage was $27 (18,898 CFA francs) per month. Additional salary
was granted at $1.43 (1,000 CFA francs) per month per child. Government
salaries substantially were in arrears. Most households had multiple
earners (largely in informal commerce) and relied on the extended
family for support.
The legal workweek was 40 hours with a minimum of one 24-hour rest
period; however, for certain occupations the Ministry of Labor
authorized longer workweeks of up to 72 hours. There were no reports of
violations at year's end.
The Labor Code also establishes occupational safety and health
standards; however, due to staff shortages, inspectors focused 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 in many
cases were 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; however, in most cases this did not occur in
practice.
The Labor Code protects both legal and illegal foreign workers and
entitles them to remuneration from the employer even in the case of a
labor dispute in the informal sector; however, claims by illegal
workers were rare.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports of trafficking. There also was
evidence that the country is a transit point and destination for a
small number of trafficked persons. Internal trafficking occurred, and
there was anecdotal evidence that clandestine networks victimized young
girls who come to work as household helpers.
Internal trafficking of young boys for labor and young girls for
prostitution was more common from rural to urban areas. There were
credible reports of underage girls being drawn into prostitution,
sometimes with the complicity of the family. Child prostitution is not
criminalized specifically, and there was no precise age of consent;
however, the law prohibits ``indecent'' acts towards minors. It was
left to a judge to determine what constituted an indecent act. Such
activity and a corollary statute against ``the incitement of minors to
wrongdoing'' were punishable by 3 to 5 years in prison.
Trafficking in persons generally was conducted by small-time
operators who promised well-paid employment in the country. Victims,
primarily from Benin, Togo, Nigeria, and Ghana, were escorted through
the formalities of entering the country, where they found that their
employment options were restricted to poorly paid domestic work or
prostitution. Victims also must use a substantial portion of their
income to reimburse the persons who brought them to the country for the
cost of the trip. Compliance was enforced by ``contracts,'' which were
signed by illiterate victims before they departed their countries of
origin; alternatively, the victim's travel document simply was seized.
A local NGO also reported that some rural citizen children were victims
of domestic trafficking in which the victim (or his/her family) was
promised a relatively decent job only to be placed in a home to work as
a servant. The victims must use their earnings to reimburse the persons
who brought them to the city.
Internal trafficking, which was rooted in the traditions and
poverty that underlie the country's largely informal economy, included
the child marriages of girls and the indenturing of boys to Koranic
teachers (see Section 6.d.). In response to economic hardship, some
parents arranged for their young daughters to marry older men,
presumably without their consent, and then sent them to join their
husband's families. Similarly some rural parents sent their sons to
learn the Koran in the cities where, in return for their education, the
boys supported their teachers by begging on the streets.
In August 2001, a Nigerian national was arrested for attempting to
escort eight young women from Nigeria through the country on their way
to Italy, allegedly for prostitution. There was no available
information on this case at year's end.
In September 2001, a 17-year-old former slave from Niger addressed
the U.N. Conference Against Racism in South Africa. She told the
conference she had been brought up in slavery, like her mother and
grandmother (see Section 6.c.). At the age of 15, the Tuareg clan sold
her for $300 (223,500 CFA francs) to a trader in Nigeria, from whom she
escaped. Although slavery and slave trading is illegal, there were
media reports that black slaves continued to be held and traded by some
Tuareg clans, particularly in remote areas of the north and along the
border with Nigeria.
In 2000 the Justice Minister stated that the Government intended to
study the issue of trafficking as part of the more comprehensive legal
modernization effort launched by a commission of legal experts (see
Section 1.e.). There still was no report by the commission by year's
end.
__________
NIGERIA
Nigeria is a federal republic composed of 36 states and a capital
territory, with an elected president and a bicameral legislature. In
May 1999, President Olusegun Obasanjo of the Peoples Democratic Party
(PDP) was inaugurated to a 4-year term after winning elections in
February 1999 that were marred by fraud and irregularities perpetrated
by all contesting parties. However, most observers agreed the elections
reflected the will of the majority of voters. These elections marked
the end of 16 years of military-led regimes. The Constitution provides
for an independent judiciary. Although the judicial branch remained
susceptible to executive and legislative branch pressures, the
performance of the Supreme Court and decisions at the federal appellate
level were indicative of growing independence. State and local
judiciary were influenced by political leaders and suffered from
corruption and inefficiency more so than the federal court system.
The Federal Nigeria Police Force (NPF) was tasked with law
enforcement. The Constitution prohibits local and state police forces.
Internal security was the duty of the State Security Service (SSS).
``Rapid Response Teams,'' staffed by police, remained intact in most
states, but these teams had a reduced role and a less menacing presence
than in previous years. In response to increased incidents of armed
robbery and other violent crime, the National Police instituted an
aggressive anti-crime campaign dubbed Operation Fire for Fire, which
was responsible for human rights abuses. The police were unable to
control ethno-religious violence on numerous occasions during the year,
and the Government continued its reliance on the army to quell many
instances of communal violence. The degree of government control over
the Rapid Response Teams and the national police force continued to
improve during the course of the year. The police and members of other
security forces, military, and anticrime squads committed serious human
rights abuses.
The economy, which had been in decline for much of the last three
decades, grew 3.9 percent in real terms in 2001, and most credible
estimates project a slight decline this year. Inadequate
infrastructure, endemic corruption, and general economic mismanagement
hindered economic growth. Most of the population of approximately 120
million was rural and engaged in small-scale agriculture. The
agricultural sector employed more than 65 percent of the population,
but accounted for only 42 percent of gross domestic product (GDP). The
agricultural sector deteriorated considerably during the oil boom
decades and years of military rule, which contributed significantly to
the country's urbanization and increased unemployment. The majority of
economic activity was outside the formal sector. Much of the country's
wealth remained concentrated in the hands of a small elite. Corruption,
nontransparent government contracting practices, and other systems
favored the wealthy and politically influential, including a banking
system that impeded small and medium investors and regulatory and tax
regimes that were not always enforced impartially. Infrastructure
remained a problem and negatively affected the economy. A significant
percentage of the country's population lived in poverty and were
subject to malnutrition and disease.
The Government's human rights record remained poor; although there
were improvements in several areas, serious problems remained. The
national police, military, and security forces committed extrajudicial
killings and used excessive force to apprehend criminal suspects and to
quell several incidents of ethno-religious violence. Police, military,
and security forces sometimes beat protesters, criminal suspects,
detainees, and convicted prisoners. The Government continued steps to
curb torture and beatings of detainees and prisoners. In most cases,
neither the state anticrime taskforces, the police, nor the military
were held accountable for excessive force or the death of persons in
custody. Shari'a courts sentenced persons to harsh punishments
including amputations and death by stoning; however, no amputation or
stoning sentences were carried out during the year. Prison conditions
were harsh and life threatening, and the lack of sufficient food and
adequate medical treatment contributed to the death of numerous
inmates. Police and security forces continued to use arbitrary arrest
and detention. Prolonged pretrial detention remained a serious problem.
The judicial system often was incapable of providing criminal suspects
with speedy and fair trials. Government authorities occasionally
infringed on citizen's privacy rights. The Government generally
respected freedom of speech and of the press; however, there were
problems in some areas. The Government placed some limits on freedom of
assembly and association, citing security concerns. There were
governmental restrictions placed on freedom of religion. The Government
occasionally restricted freedom of movement for security reasons in
areas of unrest and used lethal force at checkpoints. The Human Rights
Violations Investigation Panel (HRVIP) concluded its public hearings
and in 2001 presented its findings and recommendations to the
President, but the report has not been made public. In March the
Government convened the Commission of Inquiry into communal clashes in
Benue, Nassarawa, Plateau, and Taraba to investigate communal conflict
in these areas, including the massacre of civilians by the military in
Benue in 2001.
Domestic violence against women remained widespread, and some forms
were sanctioned by traditional, customary, or Shari'a law.
Discrimination against women remained a problem. Female genital
mutilation (FGM) remained widely practiced in some parts of the
country, and child abuse and child prostitution were common. Localized
discrimination and violence against religious minorities persisted.
Ethnic and regional discrimination remained widespread; however,
interethnic, religious, and regional tensions lessened during the year.
Some members of the Ijaw ethnic group in the oil-producing Niger Delta
region who sought greater local autonomy continued to commit serious
abuses, including kidnapings; however, unlike in the previous year,
there were no reports of unlawful killings by militant Ijaw groups.
Some restrictions on worker rights continued; however, there were
improvements during the year. Some persons, including children, were
subjected to forced labor. Child labor continued to increase.
Trafficking in persons for purposes of prostitution and forced labor
was a problem, and collusion of government officials in trafficking was
alleged. Vigilante violence continued throughout the country,
particularly in Lagos, Onitsha, and other parts of the South, where
suspected criminals were apprehended, beaten, and sometimes killed.
Nigeria was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--National police,
army, and security forces committed extrajudicial killings or used
excessive force to apprehend criminals and to quell several incidents
of ethno-religious violence during the year. The Government did not use
lethal force to repress nonviolent, purely political activities;
however, lethal force sometimes was used when protests or
demonstrations were perceived as becoming violent. Multinational oil
companies and domestic oil producing companies subcontracted police and
soldiers from area units particularly to protect the oil facilities in
the volatile Niger Delta region. Freelance security forces and former
security forces accounted for a significant portion of the violent
crime during the year. Police were instructed to use lethal force
against suspected criminals, suspected vandals near oil pipelines in
the Niger Delta Region, and the Oodua Peoples Congress (OPC) vigilante
group in Lagos State.
The Federal anticrime taskforce, also known as Operation Fire for
Fire, was among the most frequent human rights offenders. Operation
Fire for Fire was established in response to widespread public calls
for the Government and police to address violent crime more vigorously.
However, police and anticrime taskforce personnel committed
extrajudicial killings in the apprehension and detention of suspected
criminals. Police were instructed to use deadly force in order to
subdue violent criminals. According to Inspector General of Police Tafa
Balogun, more than 200 criminals were killed by police and more than
800 were arrested. He also admitted that 41 civilians were killed
either accidentally by police or by the criminals; 80 civilians were
injured. Complaints have come from all quarters that Operation Fire for
Fire has given a largely untrained police force broad latitude in using
deadly force. In most cases, police officers were not held accountable
for excessive or deadly force or the deaths of persons in custody. They
operated with impunity in the apprehension, illegal detention, and
sometimes execution of criminal suspects (see Section 1.d.).
During the year, police, military, and anticrime personnel
continued to use lethal force against suspected criminals. For example,
on February 18, police in Obiaruku, Delta State, reportedly killed 15
youths suspected of armed robbery. The National Senate ordered its
Police Affairs Committee to investigate the incident. Findings of the
Senate Police Affairs Committee were not published by year's end, and
no arrests were made.
On April 7, in Ondo State, police reportedly shot and killed Flight
Sergeant Augustine Ogbolu. In August family members filed a lawsuit
accusing the police of executing Ogbolu following an allegation that he
was an armed robber; the case was pending at year's end.
On June 10, while reportedly firing at robbery suspects, a Lagos
policeman shot and killed Ikenna Asikaburu, an 18-year-old student who
was waiting for a vehicle at a local motor park. Asikaburu's family
filed a petition with the police requesting compensation for wrongful
death. No compensation was paid and no charges were filed.
Security forces committed other unlawful killings during the year.
For example, in January military personnel raided the town of Liama in
Bayelsa, killing 3 persons and burning at least 60 houses, leaving
hundreds homeless. The attack was thought to be a reprisal against
local youths who earlier had kidnaped nine oil company employees and
stolen four boats.
In March unrest between police and residents of Danja Local
government, Katsina State, claimed up to 25 lives and resulted in the
destruction of many houses. According to the most credible reports, the
incident arose after police arrested, tortured, and killed a water
vendor. The death of the water vendor, combined with past incidents of
police brutality, incited residents to demonstrate, which in turn led
to the violent response by police. Police claimed that only six persons
were killed in this incident. No police officers were arrested as a
result of the incident.
In May in Lagos, police killed University of Lagos students Gbenga
Akinmogan and Shakirat Owolabi. One police officer has been charged in
the deaths, and charges were expected against seven other officers who
were at the scene; one police officer fled the scene and was declared
``wanted'' in July.
In August in Edo State, a police sergeant was arrested and detained
for the shooting death of John Osazuwa, a member of the State Committee
on Forestry. The policeman allegedly shot Osazuwa for refusing to pay a
$153 (20,000 naira) bribe. The case was pending at year's end.
Violence and lethal force at police roadblocks and checkpoints
continued during the year (see Section 2.d.). For example, in June in
Lagos, customs officers reportedly shot and killed Agene Akinrinde,
while attempting to extort money from motorists. A police investigation
was pending at year's end, but no charges were filed.
On June 14, a policeman shot and killed Oluwatosin Adelugba, a 16-
year-old student, at a Lagos checkpoint after the driver of a bus he
was a passenger on refused to pay a bribe. The policeman was dismissed,
arrested, and charged with the murder of the student; the case was
pending at year's end.
In June in Lagos, police at a checkpoint shot and killed Nnamdi
Francis Ekwuyasi and Akerele Marakinyo. Lagos State Police Commissioner
Young Arebamen apologized to the victims' families following the
incident. According to the Lagos State Police Command, the police
officer involved in the shooting was arrested, detained, and charged
with murder. The Center for Law Enforcement Education (CLEEN)
acknowledged the police force for the dismissal and arraignment of the
officer.
Police and military personnel used excessive force and sometimes
deadly force in the suppression of civil unrest, property
vandalization, and interethnic violence, primarily in the oil and gas
areas of the States of the Niger Delta and in Plateau State (see
Sections 2.b. and 5). Although less frequent than in previous years,
there were occurrences of summary executions, assaults, and other
abuses carried out by military personnel and paramilitary mobile police
across the Niger Delta. In August there were unconfirmed reports that
four women in Ondo were killed after they trespassed on oil production
platforms; oil company officials denied the reports. The Ondo
government set up a committee to investigate the allegations; by year's
end, the report still was pending and no one had been charged formally.
Confrontations between increasingly militant ``youths'' (generally
unemployed males between the ages of 16 and 40), oil companies, and
government authorities continued during the year.
The Government deployed the army numerous times during the year to
restore order when ethno-religious conflicts became violent (see
Section 5). There were no credible reports that soldiers used excessive
force while attempting to restore order, in part because troops already
were maintaining order in several areas of the country. In other
instances, it was reported that the deployment of the army stopped the
violence, saving lives and property. On October 13, a Joint Security
Taskforce of soldiers and the police killed 6 civilians during a
communal clash involving Fulani and the inhabitants of Kassa-Haipang,
Plateau.
President Obasanjo preferred to let the police deal with civil
disturbances, deploying military reinforcements only in situations
where the police were unable to restore order. In response to public
pressure or formal requests from state governments, the Federal
government deployed the army on occasion to restore order after civil
unrest, and units remained deployed in troubled areas for long periods
during the year. There were reports that soldiers from some units
committed serious abuses while performing this policing role, although
the number of such incidents had decreased markedly from the previous
year.
The Commission established in March to investigate the October 2001
killing of approximately 200 civilians in Benue State continued to
gather evidence and hold hearings during the year. The Commission
finished its public hearings by year's end but its report and findings
were not finalized. No action was taken against security forces that
used excessive and lethal force to restore order in October 2001 in
Kano.
No action was taken against security forces in the following 2001
cases: The February killing of 10 persons and destruction of the
headquarters of the Movement for the Actualization of the Sovereign
State of Biafra (MASSOB) in Okigwe; the June shooting of an Ogoni man;
the July killing of a local youth in Bayelsa State; the August killing
of four PDP members at a checkpoint in Ebonyi State; the September
killing of 22 detainees in Jos; and the death of four Igbo traders
during a police raid.
The death sentence of three policemen for crimes of theft and the
killings of five persons in Kogi State had been not carried out by
year's end.
There were no developments in the May 2000 alleged killing by
security forces of a young woman who obstructed the motorcade of Lagos
Deputy Governor. The case was still pending in court.
No action was taken against the members of the security forces in
the following cases from 2000: The police in Lagos who reportedly
killed 509 suspected armed robbers and injured 113 robbery suspects
during the course of making 3,166 arrests during that year; the
security forces responsible for the killing of 28 Delta youths in March
and April; the June killing of 2 persons in Abuja; the June killing of
5 persons for suspected vandalization; the July killing of 1 person
when a strike was dispersed forcibly; and the August killing of a
Nnamdi Azikiwe University student.
Criminal suspects died from unnatural causes while in official
custody, usually as the result of neglect and harsh treatment. Unlike
in the previous year, there were no reports that police killed persons
suspected of belonging to the OPC if they found ceremonial cuts or
marking on the detainees' backs. There were only a few cases in which
members of the police were held accountable for abuses. Harsh and life-
threatening prison conditions and denial of proper medical treatment
also contributed to the deaths of numerous inmates (see Section 1.c.).
Trials against Keniwer Imo Neweigha, Monday Diongoli, Timi
Epengele, Onoriode David, Ebi Clifford Saibu, Derioteidou Aganaba,
Timinepre Keren, Joshua Godspower, John Zitua, and Benson Odiowei for
the alleged murder of 12 policemen and 6 civilians that sparked the
1999 leveling of Odi by federal troops, were ongoing at year's end. On
May 6, a Lagos court determined that the prosecution had presented a
prima facie case; although the trial was to begin May 27, there were no
further developments during the year.
On July 11 charges against Mohammed Abacha, former President
Abacha's son, for the 1996 murder of Kudirat Abiola, a prominent
prodemocracy activist were dropped when the Supreme Court ruled that
prosecutors failed to establish a prima facie case. Critics asserted
that Supreme Court decision was erroneous and part of a deal between
the Abacha family and the Government pursuant to which Abacha was
released in exchange for the return of $1.2 billion in stolen funds. On
July 24, Abacha was granted bail while 111 lesser charges against him
were still pending. On September 23, Abacha was released and was
confined to Kano.
There were several killings by unknown persons that may have been
politically motivated. For example, on June 11, Maria Theresa Nsa, a
magistrate in Calabar, Cross River State, was found dead in her home
after she denied bail to a group of murder suspects. Police said she
had been hacked to death. There were no witnesses to the crime, but
police vowed to hunt diligently for those responsible.
On August 29, in Enugu, Victor Nwankwo, managing director of a
prominent publishing company, was killed near his home under
questionable circumstances. Police concluded that Nwankwo was killed
during an armed robbery, and on September 10, they arrested a man who
allegedly had confessed to the crime. Nwankwo's brother Arthur, an
outspoken author, activist, and political critic claimed Nwankwo was
killed for political reasons and that an official conspiracy was
underway to conceal the facts of the crime.
On October 15, in Enugu State, Professor Chimere Ikokwu, former
vice chancellor of the University of Nigeria Nsukka, was shot in his
home and died hours later in a hospital. The hospital staff reportedly
refused to treat Ikokwu without first receiving a police report about
the incident that caused his injuries. Police termed the killing an
armed robbery and arrested 10 suspects the following day; however,
civic groups alleged he may have been killed for political reasons.
There were no developments in the August 2001 incident in which
unknown assailants shot and killed Rivers State Assemblyman Monday Ndor
outside his residence.
In May 11 suspects were arraigned for the December 2001 killing of
Osun State Representative Odunayo Olagbaju; in August 7 additional
suspects were arrested but by year's end, the original 11 had been
freed on bail. The incident remained under investigation.
At least 27 suspects were detained during the year in connection
with the December 2001 killing of Justice Minister Bola Ige. In October
11 of the suspects were charged with the murder. No trial date had been
set at year's end.
Killings carried out by organized gangs of armed robbers remained
commonplace during the year. In most Southeastern states, state
governments supported vigilante groups, the most well-known of which
was the ``Bakassi Boys,'' officially known as the Anambra State
Vigilante Service. Like most vigilante groups, the Bakassi Boys killed
suspected criminals rather than turn them over to police; in some
cases, the Bakassi Boys mutilated alleged criminals, cutting off hands
or arms, rather than killing the suspects. They also were accused of
harassing and threatening political opponents of their sponsors.
CLEEN called on the Government to disband vigilante groups in a 45-
page report released in May. CLEEN documented hundreds of cases in
which the Bakassi Boys arbitrarily detained, tortured, and killed
suspected criminals, church leaders, and political leaders. Vigilante
groups reportedly set on fire and mutilated suspected criminals. The
report also criticized the actions of the OPC, the Egbesu Boys of
Africa, and MASSOB.
In April members of Amnesty International (AI) witnessed an
attempted summary execution in Anambra. According to the report,
members of the Bakassi Boys poured gasoline on the victim, who already
was bleeding and appeared badly beaten. When the vigilantes realized
they were being observed, they placed the victim in a van and drove
away.
On May 29, Bakassi Boys reportedly killed 20 persons in Onitsha,
Anambra State and, on May 30, they publicly executed 8 persons in the
same city. There were reports that the Bakassi Boys killed 23 persons
in other locations in Anambra between May 24 and May 26. Despite the
Bakassi Boys egregious misconduct, on June 10, the Governor of Ebonyi
State announced that he planned to enact a law officially recognizing
the Bakassi Boys.
In August in Abia State, police raided alleged ``torture chambers''
operated by the Bakassi Boys. A police spokesman reported 11 police
officers were injured during the raid, and 1 civilian was killed.
Other organized vigilante groups in large cities, particularly
Lagos and Kano committed numerous killings of suspected criminals.
These vigilante groups engaged in lengthy and well-organized attempts
to apprehend criminals after the commission of the alleged offenses. In
Lagos State, the vigilante group the OPC clashed repeatedly with the
police. On January 11, in Owo, Ondo, suspected supporters of the OPC
clashed with a group of rival local youths. Police officers also
reportedly were involved in the fighting. Credible estimates indicate
up to 35 persons were killed in the clashes. Police in Ondo State
declared Ganiyu Adams a wanted man following the incident. Police were
investigating the matter at year's end.
No action was taken against members of vigilante groups who killed
or injured persons during the year.
There continued to be numerous reports of street mobs apprehending
and killing suspected criminals during the year, but no developments in
cases from previous years. The practice of ``necklacing'' criminals
(placing a gasoline-soaked tire around a victim's neck or torso and
then igniting it, burning the victim to death) caught in the act
occurred in several cities.
Political primaries held in June and July by the ruling PDP to
determine candidates for 2003 local government elections turned violent
in several states. A number of states postponed the primaries in all or
large portions of their territory in anticipation of trouble. Other
states canceled primaries when clashes between party factions became
too difficult to control.
On June 30, two persons were killed in Delta during a local PDP
caucus. In July 4 to 8 persons were killed in primary-related violence
in Bayelsa State. There were unconfirmed reports that 50 persons were
killed in Nembe, Bayelsa, in violence between two rival gangs, the Tama
Boys and the Isoungufuro Youths. In Taraba two persons reportedly were
killed and 10 injured in election-related violence. In Kaduna State, 15
persons reportedly were killed during the PDP primaries.
In August unknown assailants fatally shot the Kwara PDP chairman.
No arrests were made in the case.
In September unknown assailants killed Barnabas Igwe, the Chairman
of the Anambra State branch of the Nigerian Bar Association and his
wife. Igwe was a leading lawyer and outspoken critic of the Anambra
State Governor.
There were no developments in the October 2000 incident in which 4
persons were killed and 19 were injured critically during violent
clashes between supporters of the All People's Party (APP) and PDP in
Gusau, Zamfara.
Lethal interethnic, intraethnic, and interreligious violence
occurred during the year at diminished levels (see Section 5). Sporadic
communal violence continued between Tivs, Jukuns, and other tribes in
Taraba, Benue, Nassarawa, and Plateau States during the year, killing
dozens of persons. Numerous persons were killed in frequent ethno-
religious and communal violence throughout the year in Plateau.
During the year, members of student affinity groups, commonly known
as cults, occasionally killed students from rival groups. Cultism in
schools gradually was becoming a national issue. Rivalry and fighting
between and among rival cultist groups in higher institutions has led
to the killing of persons and destruction of property. University of
Nigeria, Nsukka, in the east was closed when rival cultist groups
engaged each other in a fight and three students reportedly were killed
and property was destroyed. University of Calabar, University of
Ibadan, and University of Ife in the south have been closed for the
last 2 years due to violent cultist activities. At the Federal College
of Education in Zaria in late September and early October, violence
between Christian and Muslim students erupted over student elections. A
dozen students reportedly were killed and more injured.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year. There were no developments in the
charges made by the OPC in 2000 that the police were responsible for
the disappearance of at least two of its members.
Members of ethnic groups in the oil-producing areas kidnaped
foreign and local oil company employees to press their demands for more
redistribution of wealth generated by joint ventures with the state-
controlled petroleum corporation. In all instances, the victims were
released unharmed after negotiations between the captors and the oil
firms; the firms usually paid ransoms and promised improved conditions.
There also were numerous instances of strictly criminal kidnaping,
in which the perpetrators' objective was to obtain ransom payments for
the release of the victims. During the year, there were a greater
number of kidnapings by criminals to extort money than for
``political'' reasons. Some kidnapings, particularly in the Delta,
appear to have been part of longstanding ethnic disputes over
resources. Due to limited manpower and resources, the police and armed
forces rarely were able to confront the perpetrators of these acts,
especially in the volatile Delta region. A lack of resources prevented
judicial investigations from taking place so kidnapings routinely were
not investigated.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits cruel and degrading treatment
and punishment, and the law provides for punishment of such abuses;
however, during the year, police, military 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. The law prohibits the introduction into
trials of evidence and confessions obtained through torture.
Different versions of criminal Islamic Shari'a law were in place in
12 northern states (see Section 2.c.). Shari'a courts delivered
``hadd'' sentences such as amputation for theft, caning for fornication
and public drunkenness, and death by stoning for adultery. Because no
applicable case has reached the federal level, federal appellate courts
have yet to decide whether such punishments represent impermissible
``torture or. . . inhuman or degrading treatment'' as defined by the
Constitution. In both common law and Shari'a courts, indigent persons
without legal representation were more likely to have their sentences
carried out immediately upon being sentenced; all accused persons have
the right to appeal. The Government has instituted a panel of legal
scholars to draft a uniform Shari'a criminal statute for all northern
states to replace divergent Shari'a statutes adopted by the states;
however, states continued to apply their individual codes.
Convicted Muslim criminals in Shari'a law states were subjected to
public caning for various offenses, such as petty theft, public
consumption of alcohol, and engaging in prostitution. For example, in
January a Shari'a judge was flogged publicly after being convicted of
consuming alcohol. Caning as a punishment under common law, the
Northern Nigerian Penal Code, and Shari'a law has not been challenged
in the court system as a violation of the cruel and inhuman punishment
clause in the Constitution.
Stoning and amputation sentences have been overturned on procedural
or evidentiary grounds not on constitutional grounds. For example,
Safiya Hussaini was convicted of adultery and sentenced to death by
stoning by a Shari'a court in Sokoto in September 2001. She filed an
appeal challenging her conviction on numerous procedural, substantive,
and factual grounds. On March 25, accepting many of the defense team's
arguments, the Sokoto Shari'a Appeals Court overturned Hussaini's
conviction. However, the constitutionality of these sentences will most
likely not be determined until one of these cases reaches the federal
appellate court system.
The Constitution permits capital punishment. In January a Katsina
man was hanged in Kaduna State after being convicted in a Shari'a court
of fatally stabbing a woman and her two children. The defendant
requested to defend himself and did not have legal representation
during his trial. Although Shari'a courts sentenced other persons to
death, this was the only death sentence carried out under Shari'a law.
In April in Katsina, Amina Lawal was sentenced to death by stoning
for adultery. In August her first appeal was denied, but the sentence
was stayed pending further appeals. The case was before the Katsina
Shari'a Appeals court, but no new trial date had been set at year's
end.
In May a Jigawa man was convicted and sentenced to death by stoning
for raping a 9-year-old girl, who later died. The man pleaded guilty
and waived his right to appeal, but an appeal subsequently was filed on
his behalf by relatives. In October the man withdrew his confession,
claiming police tortured him into making the confession and, at the
time of the forced confession, he was unaware that rape was a capital
offense.
In June a Shari'a court in Bauchi convicted Yunusa Rafin Chiyawa of
adultery, sentencing him to death by stoning. He was the first man
convicted of adultery under Shari'a law. Aisha Haruna, his alleged
partner, was acquitted. It was unclear whether the defendant would
appeal his conviction.
In September a couple in Niger were convicted of adultery and
sentenced to be stoned to death. The Shari'a court initially denied
bail but later granted bail in October. Defense attorneys for the
couple planned to appeal.
In September in Port Harcourt, a nongovernmental organization (NGO)
charged that 20 MASSOB activists were detained unlawfully and tortured
in Owerri, Imo State.
During the year, security forces beat persons. For example, in May
in Lagos, four police officers and two soldiers reportedly beat five
commercial motorcycle operators.
In August in Warri, Delta State, security agents allegedly beat and
injured 800 women who were trespassing on the grounds of the
headquarters of Shell and Chevron-Texaco; the authorities denied the
allegations.
Security forces beat journalists during the year (see Section
2.a.).
Allegations of the involvement of government officials in
trafficking was widespread (see Section 6.f.).
Although there were numerous ethnic clashes during the year (see
Section 5), the number of persons who were beaten or injured severely
was lower than in previous years. Unlike in previous years, the
military was able to respond more quickly, due largely to the fact that
military units already were deployed in some areas when violence broke
out. The police generally lacked the resources to control communal
violence (see Section 1.a.).
In early March, a federal high court in Makurdi, Benue State,
ordered the withdrawal of troops sent to the state to end a conflict
between ethnic Tiv and Jukun in 2001. In April Human Rights Watch, with
support from the Kaduna-based NGO Human Rights Monitor, published a
report entitled ``Nigeria: Military Revenge in Benue.'' The report, in
addition to citing the October 2001 massacre of civilians by soldiers,
also claimed that military forces stationed in the region until March
were responsible for several cases of rape, extortion, and looting. The
Benue Panel of Inquiry, convened in March, continued taking testimony
and was investigating the incident at year's end.
Hamza Al Mustapha, Muhammed Rabo Lawal, Lateef Shofolahan, Mohammed
Aminu, Colonel Yakubu, Ishaya Bamaiyi, James Danbaba, and Barnabas
(``Rogers'') Msheilia remained in detention under the secular criminal
system as suspects in the 1996 attempted murder of Guardian newspaper
publisher Alex Ibru; however, the trial was adjourned pending
allegations by the defendants that the presiding judge demanded a bribe
in exchange for releasing the defendants. The judge was cleared by an
investigation panel, but the trial had not resumed by year's end.
There was no update in the June 2001 bombing in Bayelsa State.
Prison and detention conditions remained harsh and life
threatening. Most prisons were built 70 to 80 years ago and lacked
functioning basic facilities. Lack of potable water, inadequate sewage
facilities, and severe overcrowding resulted in unhealthy and dangerous
sanitary conditions. Some prisons held 200 to 300 percent more persons
than their designed capacity. The Government acknowledged overcrowding
as the main cause of the harsh conditions common in the prison system.
According to government sources, approximately 45,000 inmates were held
in a system of 148 prisons and 83 satellite prisons, with a maximum
designed capacity of 33,348 prisoners. Some human rights groups
estimated a higher number of inmates, perhaps as many as 47,000.
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 a blanket. 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 of numerous prisoners.
According to the NGO Prisoners Rehabilitation and Welfare Action
(PRAWA), dead inmates promptly were buried on the prison compounds,
usually without notifying their families. A nationwide estimate of the
number of inmates who die in the country's prisons was difficult to
obtain because of poor record keeping by prison officials. PRAWA and
other NGOs alleged that prison conditions were worse in rural areas
than in urban districts.
In practice women and juveniles were held with male prisoners,
especially in rural areas. The extent of abuse in these conditions was
unknown. In most cases, women accused of minor offenses were released
on bail; however, women accused of serious offenses were detained.
Although the law stipulates that ``no child shall be ordered to be
imprisoned,'' juvenile offenders were incarcerated routinely along with
adult criminals. There was no formalized procedure regarding the
separation of detainees and convicted prisoners, and the method of
confinement depended solely on the capacity of the facility; as a
result, detainees often were housed with convicted prisoners.
According to the NHRC, 70 to 80 percent of the entire prison
population was awaiting trial. Some had been waiting as long as 12
years, while many had approached the maximum length of their sentences.
Multiple adjournments in some cases had led to serious delays (see
Section 1.d.). In May in Lagos, hundreds of inmates awaiting trial
filed suit with a Federal High Court in Lagos to challenge the
constitutionality of the section of criminal procedure law invoked by
magistrates to remand them to prison without standing trial. In October
in Edo State, up to 100 prisoners reportedly were released
unconditionally from 4 prisons after charges still had not been filed
against them despite years in detention. Case files were missing for
many of those released. The NHRC also reported it was able to secure
the release of around 150 prisoners awaiting trial, most of whom had
already exceeded the maximum sentence they could have received, had the
case been tried. In December the Governor of Akwa Ibom State made a
similar release of 17 prisoners.
The Ministry of Justice worked to create a judicial administration
committee to address the questions of overcrowding, prison conditions,
and rehabilitation. The NHRC began working with the Ministry of Justice
and the Legal Resources Consortium in 2001 to draft a new prisons' bill
to conform with minimum standard rules of prisons practice and
provisions of the U.N. The NHRC also urged the Government and police
not to detain persons in civil cases.
The Government allowed international and domestic NGOs, including
PRAWA and the International Committee of the Red Cross (ICRC), regular
access to prisons; however, it did not allow them continuous access to
all prisons. PRAWA and the ICRC published newsletters on their work.
The Government admitted that there were problems with its incarceration
and rehabilitation programs and worked with groups such as these to
address those problems. However, groups such as Rotary International
have reported difficulties in the past at the local level in gaining
access to prisons and jails to do rehabilitation programs.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, security forces
generally did not observe these prohibitions. Police and security
forces continued to use arbitrary arrest and detention.
Police and security forces were empowered to make arrests without
warrants based on a reasonable suspicion that a person had committed an
offense; they often abused this power. Under the Fundamental Rights
Enforcement Procedures Rules of the 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
the time of arrest and to take the accused persons to a police 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 these procedures. 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. Detainees often were kept
incommunicado for long periods of time. The provision for bail often
was arbitrary or subject to extrajudicial influence. In many parts of
the country, there was no functioning system of bail, so many suspects
were held in investigative detention for sustained periods of time.
Numerous suspects alleged that police demanded payment before they were
taken to court to have their cases heard. If family members attended
court proceedings, police often demanded an additional payment.
Security forces detained journalists on a few occasions during the
year (see Section 2.a.). Students in general no longer were singled out
for arrest because of political activities; however, many students were
detained during the year for allegedly taking part in cult or criminal
activities on university campuses (see Section 1.a.).
During the year, police arrested labor leaders during strikes (see
Section 6.b.).
In February in Onitsha, attorney Olusoga Omotayo filed suit against
the Anambra State Police Commissioner, alleging illegal arrest and
detention. Omotayo charged that he was detained illegally in December
2001. The matter still was pending at year's end.
On March 2, the SSS detained and interrogated for 16 hours Pastor
Tunde Bakare after he returned to the country from Ghana. Bakare
allegedly prophesied the fall of the Obasanjo government. Media reports
claiming that his passport was confiscated could not be verified.
In June Ibrahim Onuomada, PDP youth leader in Enugu, filed charges
against five police officers and a traditional ruler, alleging unlawful
detention, threat to life, and extortion after he was detained during
the year.
In September mobile policemen reportedly raided MASSOB's
headquarters and made arrests following allegations that MASSOB and
Bakassi Boys were responsible for the murders of Barnabas and Abigail
Igwe in Anambra State. The Constitutional Rights Project (CRP), the
pan-Yoruba group Afenifere, and the Catholic Archbishop of Lagos
publicly criticized the police tactics used to deal with MASSOB. MASSOB
leader Ralph Uwazurike claimed that 1,000 MASSOB members remained in
detention without charge in Umuahia, Abia State.
OPC members continued to be arrested and detained without trial.
Others were charged as armed robbers and tried accordingly. In 2000 the
Committee for the Defense of Human Rights reported that 302 OPC members
were arrested following clashes with the police in Lagos. Of those
detainees, 95 were released in 2000. The remaining detainees were not
able to obtain legal representation and either could not make bail or
were not eligible for bail due to the charges brought against them.
There were no new reports that IMO State prison officials worked
with pretrial detainees to blackmail persons for bribes.
Lengthy pretrial detention remained a serious problem. According to
the Constitution, persons charged with offenses have the right to an
expeditious trial; however, in practice this right was not respected.
Serious backlogs, endemic corruption, and undue political influence
continued to hamper the judicial system (see Section 1.e.). The
Controller-General of prisons estimated that two-thirds of prisoners
were detainees awaiting trial who had not been charged, other sources
placed the number as high as 80 percent (see Section 1.c.). The NHRC
urged the courts, the Ministry of Justice, and the police to expedite
cases awaiting trial. Police cited their inability to transport
securely detainees to trial on their scheduled trial dates as one
reason why so many were denied a trial. The NHRC reported that some
detainees were held because their case files had been lost.
Persons who happened to be in the vicinity of a crime when it was
committed normally were held for interrogation for periods ranging from
a few hours to several months. After their release, those detained
frequently were asked to return repeatedly for further questioning.
Police continued the practice of placing relatives and friends of
wanted suspects in detention without criminal charge to induce suspects
to surrender.
In 2000 Ismaila Gwarzo, the national security advisor to former
Head of State General Sani Abacha, was placed under house arrest
without any charges being brought. He remained restricted to his
hometown in Kano State at year's end.
The Constitution prohibits the expulsion of citizens, and the
Government did not use forced exile. Many citizens who had lived abroad
due to fear of persecution under previous military regimes continued to
return to the country during the year.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary. Although the judicial branch remained
susceptible to executive and legislative branch pressure, decisions at
the federal level were indicative of greater independence. The
judiciary was influenced by political leaders particularly at the state
and local levels. Understaffing, underfunding, inefficiency, and
corruption continued to prevent the judiciary from functioning
adequately. Citizens encountered long delays and frequent requests from
judicial officials for small bribes in order to expedite cases. In
September President Obasanjo wrote to the Senate requesting that the
recommendations of the 1993 Esho Panel, whose purpose was to
investigate corruption in the judiciary, that called for the
``withdrawal'' of 47 judicial officials be implemented.
Under the Constitution, the regular court system was composed of
federal and state trial courts, state appeals courts, the Federal Court
of Appeal, and the Federal Supreme Court. There also were 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 Constitution also provides that the Government
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. The nature of the case usually determined which court had
jurisdiction. In principle customary and Shari'a courts had
jurisdiction only if both plaintiff and defendant agree. However, in
practice fear of legal costs, delays, distance to alternative venues,
and individual preference caused many litigants to choose the customary
and Shari'a courts over the regular venues (see Section 1.c.).
Criminal justice procedures call for trial within 3 months of
arraignment for most categories of crimes; however, there were
considerable delays, often stretching to several years, in bringing
suspects to trial (see Section 1.d.). Trials in the regular court
system were public and generally respected constitutionally protected
individual rights in criminal cases, including a presumption of
innocence, and the right to be present, to confront witnesses, to
present evidence, and to be represented by legal counsel. However,
there was a widespread perception that judges easily were bribed or
``settled,'' and that litigants could not rely on the courts to render
impartial judgments. Most detainees were poor and could not afford to
pay the costs associated with moving their trials forward, and as a
result they remained in prison. Wealthier defendants employed numerous
delaying tactics and in many cases used financial inducements to
persuade judges to grant numerous continuances. Such practices clogged
the court calendar and prevented trials from starting.
Many courts were understaffed, and personnel were paid poorly.
Judges frequently failed to appear for trials, often because they were
pursuing other means of income. In addition, court officials often
lacked the proper equipment, training, and motivation to perform their
duties, again primarily due to inadequate compensation.
There were no legal provisions barring women or other groups from
testifying in civil court or giving their testimony less weight;
however, the testimony of women and non-Muslims usually was accorded
less weight in Shari'a courts.
In response to ongoing petitions by the Movement for the Survival
of the Ogoni People (MOSOP) and the Saro-Wiwa family, the Oputa Human
Rights panel submitted its recommendations to the Presidency regarding
the possible reversal of the Auta Tribunal's conviction Saro-Wiwa and
the Ogoni-9 in October 1995. The appeal aimed to clear the names of
Saro-Wiwa and the Ogoni activists, who were executed by the regime of
Sani Abacha in November 1995. Final decisions on this and several other
petition cases had not been published by year's end. The nine MOSOP
members executed by the Abacha regime, who had been buried in unmarked
graves, reportedly were exhumed and reburied.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
authorities at times continued 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. Human rights groups
called for the police to end the practice.
Purdah, the Islamic practice of keeping girls and women in
seclusion from men outside the family, continued in parts of the
country, which restricted the freedom of movement of women.
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 problems in some areas.
The Government owned and controlled numerous publications; however,
there was a large and vibrant private domestic press that frequently
was critical of the Government. There were two national, government-
owned daily newspapers in English, the New Nigerian and the Daily
Times. The New Nigerian published an additional Hausa edition. Several
states owned daily or weekly newspapers that also were published in
English. They tended to be produced poorly, have limited circulation,
and required large state subsidies to continue operating. By year's
end, there were more than 10 major daily newspapers, two newsmagazines,
and several sensational evening newspapers and tabloid publications.
Decree 60 created the Press Council, which was charged with the
enforcement of professional ethics and the sanctioning of journalists
who violated these ethics. Decree 60 attempted to put control of
journalism in the hands of journalists who were appointed by and
received payment from the Government. Decree 60 gave the Press Council
the power to accredit, register, and suspend journalists; required that
publications be registered by the Council annually through a system
entitled ``Documentation of Newspapers''; and empowered the Council to
approve a code of professional and ethical conduct to guide the press
and to ensure compliance by journalists. The Press Council opened an
office and hired staff in Abuja; however, it did not take any official
action during the year. While the decree never has been used to
sanction any journalists, many journalists fear that the existence of
the decree and the Council could place significant limitations on
freedom of the press in the future. On January 30, Senator Jonathan
Zwingina, chairman of the Senate Committee on Information, told members
of the National Broadcast Commission (NBC) that the National Assembly
still was reviewing the Decree 60 press laws.
Editors reported that government security officers sometimes
visited or called to demand information about a story or source;
however, journalists and editors no longer feared suspension or
imprisonment for their editorial decisions. Local NGOs suggested that
actual human rights abuses and killings were underreported due in part
to self-censorship by newspaper editors and owners. State broadcasters
and journalists remained important tools for civilian governors; these
officials used the state-owned media to showcase the state's
accomplishments and to promote their own political goals.
During the year, there were few cases of threats against and
attacks on the press. On February 14, ten policemen in Lagos allegedly
beat journalist Adeyemi Adebanjo.
A High Court in Kogi State ordered the arrest of the Daily Times'
managing director and editor for contempt of court after the two
ignored an order prohibiting them from publishing any further stories
about Kogi State Governor Abubakar Audu. The arrest orders were not
enforced by year's end, and the newspaper has stopped publishing
similar stories.
The Deputy Governor of Zamfara State issued a ``fatwah'' death
sentence on Isioma Daniels, one of the journalists responsible for an
article about the Miss World Pageant that sparked violence in Kaduna
(see Section 2.c.). The Government and most Islamic leaders criticized
the Deputy Governor and declared the fatwah improper.
There were no further developments in the following 2001 cases: The
beating of a photographer by police; the May burning of publications on
MASSOB in Imo State; and the detention and charge of libel against
Nnamdi Onyeuma.
There were no further developments in the 2000 detention of
journalists Emmanuel Okike-ogah, Ogbonaya Okorie, and Ademola
Adegbamigbe and his photographer.
Because newspapers and television were relatively expensive and
literacy levels were low, radio remained the most important medium of
mass communication and information. There was a national radio
broadcaster, the Federal Radio Corporation of Nigeria, which broadcast
in English, Hausa, Yoruba, Igbo, and other languages; 51 state radio
stations broadcast in English and local languages. There were six
private radio stations operating during the year. In February the NBC,
the body responsible for the deregulation and monitoring of the
broadcast media, licensed 16 new private radio stations, including
Atlantic FM broadcasting in French, Spectrum FM mainly for news, Brilla
FM for sports, and a University of Lagos station specializing in
academic broadcasting.
International broadcasting, principally Voice of America and
British Broadcasting Corporation, as well as Deutsche Welle and others,
broadcast in English and Hausa and were an important source of news in
the country. Several international broadcasting organizations reported
that their accreditation renewals initially were denied but they later
were allowed to reapply.
In March the Director-General of the Federal Radio Corporation of
Nigeria (FRCN), Mr. Eddie Iroh, stopped the Kaduna branch of the FRCN
from airing the political advertising of Presidential aspirant Alhaji
Abubakar Rimi. FRCN reportedly refunded a portion of Rimi's payments.
The Independent National Electoral Commission (INEC) and the NBC
supported the decision, contending that it was too early to begin
campaigning since INEC had yet to issue guidelines. However, reporting
about events sponsored by persons and organizations supporting the re-
election campaign of President Obasanjo was carried by government-owned
broadcasters.
Igha Oghole, a journalist with Radio Benue, Makurdi, who was
detained in January 2001, was released during the year.
The National Television Station, NTA, was federally owned, and 30
states also operated television stations. There were nine privately
owned television stations that broadcast domestic news and political
commentary. There were two private satellite television services. The
law requires that local television stations limit programming from
other countries to 40 percent and restricted the foreign content of
satellite broadcasting to 20 percent; however, the Government did not
restrict access to, or reception of, international cable or satellite
television.
In 2001 the NBC threatened to take private television and radio
stations off the air when the stations refused to pay 2.5 percent of
their gross income to the NBC; the Independent Broadcasters Association
of Nigeria (IBAN) challenged the fees in court. In October 2001,
President Obasanjo set the annual fee for the broadcasters at $1,300
(150,000 naira). In 2001 the NBC also prevented the commissioning of
the Here and There television station in Oyo State, ruling that the
original license had expired. The NBC also challenged expansion plans
by African Independent Television (AIT), a part of Daar Communications,
claiming that AIT's global and terrestrial licenses do not allow them
to act as a network. AIT has been allowed to expand.
While private television and radio broadcasters remained
economically viable on advertising revenues alone, despite the
restrictions that the Government imposed on them, government-sponsored
broadcasting companies complained that government funding and
advertising were inadequate for their needs.
Foreign journalists who sought to enter the country to cover
political developments generally have been able to obtain visas. In
April the Government announced that Time (International) magazine
reporter Stephen Faris was subject to arrest for publishing a ``false''
report alleging a bribery scandal in the country. The magazine accused
Minister of Information and National Orientation, Professor Jerry Gana,
of offering bribes of $400 (50,000 naira) to foreign journalists to
write more positive reports on the country. President Obasanjo
established an investigative panel, which concluded that the magazine
report was false and was intended to damage the nation's international
image. At year's end, there had been no follow-up by the Government.
The Government did not restrict Internet access, although
unreliable and costly telephone service limited access and hindered
service providers. Government-owned NITEL operated an Internet Source
Provider (ISP) that competed with dozens of privately owned ISPs.
The Government continued to take concrete steps to address the
problems in the education sector and to restore academic freedom;
however, the quality of secondary education remained poor. The
Government identified a Coordinator for the U.N.'s Education for All
program and began collecting baseline education data to identify
deficiencies. Student groups alleged that numerous strikes, inadequate
facilities, and the rise of cultism (or gangs) on campuses,
particularly in the South, continued to hamper educational progress
(see Section 1.a.). On several occasions during the year, protests by
students resulted in harassment and arrest by police forces (see
Section 1.d.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected this right, although some limits remained. In areas that
experienced recent communal violence, police and security forces
permitted public meetings and demonstrations on a case-by-case basis.
The Government continued nominally to require 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
many states due to fears that they might heighten inter-religious
tensions. For example, various northern states, including Plateau,
Kano, Zamfara, and Kaduna, banned public gatherings immediately
following periods of ethno-religious violence, but they did so in
consultation with a number of religious and traditional groups, as well
as local governments, in order to prevent a recurrence of the violence.
The Ondo State ban on open-air religious events remained in effect
during the year. For most of the year, the September 2001 ban by the
Kaduna State government on processions, rallies, demonstrations, and
meetings in public places still was being enforced on a case-by-case
basis.
A security forces committee ban on all political, cultural, and
religious meetings in Plateau State following ethno-religious violence
in Jos, the state capital, continued to be implemented on an ad hoc
basis (see Section 5).
Police continued to disrupt meetings of the OPC and maintained a
ban on the organization. Police also reportedly harassed members of the
Bakassi Boys, Egbesu Boys, MASSOB, MOSOP, and other groups.
On March 7, in Enugu State, police raided a weekly religious
crusade led by Catholic priest Father Ejike Mbaka. In the resulting
melee, at least 14 persons were killed and several others seriously
injured. The police later detained Enugu Catholic Vicar General
Reverend Obiora Ike, allegedly for criticizing the State government's
role in the incident. Enugu State Assembly Representative Nwabueze Ugwu
filed a petition with the Human Rights Commission in Abuja accusing
Governor Chimaroke Nnamani of killing his brother and of having ordered
the raid on the crusade. There were other accusations from credible
sources implicating Governor Nnamani in the attack on the worshippers.
According to media reports, 2 persons were killed and 20 injured when
police disrupted a March 14 protest of the March 7 incident.
On August 8, one person reportedly was killed and several others
injured in Warri, Delta State when security forces disrupted a rally
against the neglect and degradation of the region's environment (see
Section 1.c.).
No action was taken against security forces who killed or injured
persons while forcibly dispersing protests in 2001.
The Constitution provides for the right to associate freely with
other persons in political parties, trade unions, or special interest
associations, and the Government generally respected this right in
practice; however, there were exceptions. The Constitution allows the
free formation of political parties, and the number of parties
registered with INEC doubled to six in June. INEC cited the
constitutional requirement that political parties demonstrate Federal
Character in order to determine which parties to register. Due to
INEC's stringent interpretation of this requirement, more than 20 other
parties were denied registration. The unsuccessful parties challenged
INEC's standards, and in November the Supreme Court ruled that the INEC
standards were too restrictive. In early December, INEC allowed the
previously unregistered bodies to register.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, including freedom to change one's religion or belief, and
freedom to manifest and propagate one's religion or belief in worship,
teaching, practice, and observance; however, the Government restricted
these rights in certain respects. The implementation of an expanded
version of Shari'a law in 12 northern states continued during the year.
The Constitution prohibits state and local governments from
adopting an official religion; however, some Christians alleged that
Islam had been adopted as the de facto state religion of several
northern states that have reintroduced Shari'a criminal law and
continued to use of state resources to fund the construction of
mosques, the teaching of Alkalis (Muslim judges), and pilgrimages to
Mecca (Hajj). However, government funds also were used by some states
to pay for Christian pilgrimages to Jerusalem. In general states with a
Christian or Muslim majority favored the majority faith. For example,
in January Governor Joshua Dariye declared that he would make Plateau
State a center for Christianity. Both the federal and state governments
were involved in religious matters, including the regulation of
mandatory religious instruction in public schools, subsidized
construction of churches and mosques, state-sponsored participation in
the Hajj, and pilgrimages to Jerusalem. Muslims in some predominately
Christian states complained about religious discrimination.
Approximately half of the population was Muslim, approximately 40
percent Christian, and roughly 10 percent practiced traditional
indigenous religions or no religion.
The Constitution provides that states may elect to use Islamic
(Shari'a) customary law and courts. The Constitution states that a
Shari'a court of appeal may exercise ``such other jurisdiction as may
be conferred upon it by the law of the State.'' States interpreted this
language as granting them the right to expand the jurisdiction of their
existing Shari'a courts to include criminal matters. After the adoption
of Shari'a in Zamfara in 2000, other northern states implemented forms
of expanded Shari'a. By the end of 2001, 12 northern states had adopted
variations of Shari'a law--Zamfara, Sokoto, Kebbi, Niger, Kano,
Katsina, Kaduna, Jigawa, Yobe, Bauchi, Borno, and Gombe. Adherence to
Shari'a provisions was compulsory for Muslims in some states and
optional in others and enforcement varied by locale.
In November 2001, Kaduna State established a modified version of
Shari'a law. The criminal and procedural codes did not come into effect
until July, and national human rights groups reported that the courts
in Kaduna issued several sentences for minor offenses in September.
These sentences did not include corporal punishment.
Christian and Islamic groups planning to build new churches or
mosques were required to register with the Corporate Affairs Commission
(CAC). The CAC did not deny registration to any religious group during
the year; however, some religious groups experienced delays in
obtaining permission from local zoning boards to build houses of
worship. Many nascent churches and Islamic congregations ignored the
registration requirement, and a small number had their places of
worship shut down because of enforcement of zoning laws. Some persons
claimed that enforcement of these laws was selective. In August the
Christian Association of Nigeria (CAN) issued a communique in which it
criticized the destruction of churches in the North.
Christians in the predominantly Muslim northern states alleged that
local government officials used zoning regulations to stop or slow the
establishment of new churches. Officials responded that many of these
new churches were being formed in residential neighborhoods not zoned
for religious purposes. The CAN offices in Zamfara and Sokoto States
alleged that local authorities delayed or denied to Christians
certificates of occupancy (CO's), which were required to show title to
land. Zamfara and Sokoto State officials denied that religious
discrimination influenced the cases cited by CAN. State officials said
the certification boards were dealing with a large backlog of cases for
all persons, regardless of religious faith. Muslims complained that
they were denied permission to build mosques in the predominantly
Christian southern states of Abia and Akwa Ibom.
Although the Government does not prohibit or discourage conversion
from or to a particular religion, there were media reports that in
April two men were brought to trial by Zamfara State for converting
from Islam to Christianity. Prosecutors sought the death penalty;
however, the judge found that the Zamfara State Shari'a code did not
explicitly criminalize apostasy and he determined there was no legal
basis for the case. Nevertheless, he gave the men 3 days to reconsider
their alleged conversion and for the Zamfara government to furnish a
legal basis why he should hear the case. The men were accused of
joining an evangelical church; however, they claimed they never were
Muslims but were ethnic Magazawa, a Hausa subgroup that long has
practiced Christianity. There was no further action in this case by
year's end.
The law prohibits religious discrimination; however, reports were
common that state and local government officials discriminated against
persons practicing a religion different from their own, notably in
hiring or awarding contracts, and private businesses frequently were
guilty of informal religious and ethnic discrimination in their hiring
practices and purchasing patterns.
Unlike in the previous year, there were no reports that political
party members were suspended because of religious belief or adherence.
According to media reports, in July 21 nurses in the Federal
Medical Center in Azare, Bauchi State were fired for not wearing
``Shari'a compliant dresses,'' and the Zamfara State government
required Muslim dress for secondary students.
As a result of ethno-religious violence related to the expansion of
Shari'a criminal law in 2000 (see Section 5), several northern state
governments continued to ban public proselytizing during the year,
although it is permitted by the Constitution. The Katsina and Plateau
State governments maintained a ban on public proselytizing for security
reasons during the year; however, some groups were allowed to carry out
activities despite these formal bans, which generally were enforced on
a case-by-case basis. Unlike in the previous year, there were no
reports that missionaries were harassed for proselytizing. Both
Christian and Muslim organizations alleged that the Ministry of Foreign
Affairs and the Immigration Department restricted the entry into the
country of certain religious practitioners, particularly persons
suspected of intending to proselytize. Proselytizing did not appear to
be restricted in the southern part of the country.
The Government continued to enforce a ban on the existence of
religious organizations on campuses of primary schools, although
individual students retained the right to practice their religion in
recognized places of worship. According to the Constitution, students
were not required to receive instruction relating to a religion other
than their own; however, public school students in parts of the country
were subjected to mandatory Islamic or Christian religious instruction.
State authorities claimed that students were permitted to decline to
attend these classes or to request a teacher of their own religion to
provide alternative instruction. However, there were no teachers of
``Christian Religious Knowledge'' in many northern schools. There were
reports that in Enugu and Edo States Muslim students could not access
``Islamic Religious Knowledge'' in the public schools.
Although distribution of religious publications generally remained
unrestricted, the Government periodically continued to enforce a ban on
published religious advertisements. There were reports by Christians in
Zamfara State that the state government restricted the distribution of
Christian religious literature.
The Government acknowledged the legal authority of states to
implement criminal Shari'a. Although expanded Shari'a laws technically
do not apply to non-Muslims, some non-Muslims, especially in Zamfara
State, have been affected by certain social provisions of the laws,
such as the separation of the sexes in health facilities; bans on the
sale of alcohol and alcohol consumption; and decisions by some
entrepreneurs not to engage in certain activities because of concern
for Shari'a restrictions. In some states, cases involving only Muslims
must be heard by a Shari'a court. Other states with Shari'a law still
permitted Muslims to choose common law courts for criminal cases;
however, societal pressure forced most Muslims to use the Shari'a court
system. There were no challenges to the constitutionality of Shari'a
during the year.
A number of states sanctioned private vigilante Shari'a enforcement
groups that formed in states with expanded Shari'a law. Zamfara State
vested the local vigilante group with full powers of arrest and
prosecution because the state believed police were not enforcing the
new Shari'a laws. Jigawa State also mobilized a statewide Shari'a
enforcement committee to arrest, detain, and prosecute Muslim
offenders. Informal Shari'a enforcement groups may have been used for
some law enforcement functions in other northern states as well.
On November 20, protesters destroyed the Kaduna office of ThisDay
newspaper after the paper published an article about the Miss World
Pageant that many Muslims felt insulted their religion. Fueled by
looters and persons with political motives, the demonstration spread.
More than 200 persons were killed and thousands fled their homes
seeking protection at government facilities, mainly military
installations. Two Christian clerics died and several churches
reportedly were burned. More than 100 persons were arrested, and
investigations into the violence were ongoing at year's end. Despite
widespread calls from elements of society, the responsible journalists
were not jailed nor was the newspaper shut down. In December the
Zamfara State Deputy Governor pronounced a ``fatwah'' death sentence
against Isioma Daniels, the journalist responsible for the November
ThisDay article. Most Muslim leaders and the Government strongly
criticized Deputy Governor Shinkafi's statement saying that the fatwah
was wrong and that Shinkafi did not have the legal or religious
authority to order it.
Religious differences often corresponded to regional and ethnic
differences. For example, the northern region was predominately Muslim.
Many southern ethnic groups were predominantly Christian, although the
Yoruba were approximately 50 percent Muslim. Both Muslims and
Christians were found in large numbers in the Middle Belt. In many
areas of the Middle Belt, Muslim Fulani tended to be herders, while the
Muslim Hausa and most Christian ethnic groups tended more toward
farming or urban living. It often was difficult to distinguish
religious discrimination and tension from ethnic, regional, economic,
and land use competition. Often religious tensions underscored what
were predominantly ethnic and economic confrontations during the year.
The Middle Belt experienced recurring ethno-religious violence during
the year but overall violence decreased markedly from the previous
year's levels.
In February between 60 and 100 persons were killed when Yoruba
youth clashed with Hausa residents in the Idi-Araba area of Lagos. The
incident was caused by interethnic tensions but had some religious
overtones.
There also were several incidents in which Muslim youths vandalized
Christian churches. For example, in June there were unconfirmed reports
that Muslim youths set fire to four churches in Dutse, Jigawa State.
Ethno-religious conflict continued in many parts of Plateau during
the year. There was no single incident that matched the violence and
destruction of the September 2001 fighting in and around Jos; however,
repeated outbreaks of violence caused dozens of deaths and resulted in
the destruction of places of worship, shops, and homes. According to
local leaders and other observers, because of this violence, Muslims
moved away from Langtang and Christians vacated the village of Wase by
year's end.
Existing tensions between Christians and Muslims caused minor
incidents, such as a traffic accident, to escalate into communal
violence. For example, a dispute apparently began after a Muslim man
proposed marriage to a Christian woman. The woman's brother beat her,
and when her fiancee intervened, a fight ensued. What began as a family
dispute quickly expanded to other parts of the community, assuming
ethnic and religious overtones as it spread. The Plateau State
government convened the Plateau State Peace Summit to address the
problem of communal and religious violence in the state. An NGO that
specialized in conflict resolution also was involved actively in the
state.
There were no developments in the 2001 and 2000 incidents of
interreligious violence.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights, and the Government generally respected them; however, police
occasionally restricted freedom of movement by enforcing curfews in
areas with ethno-religious violence. A curfew was imposed in Kaduna
after the late November rioting that resulted in more than 200 deaths.
Roadblocks and checkpoints routinely were used by law enforcement
agencies to search for criminals and to prevent persons traveling from
areas of conflict to other parts of the country where their presence
might instigate retaliatory violence. There were no reports of
government officials restricting mass movements of individuals fleeing
ethnic unrest.
Security and law enforcement officials continued to use excessive
force at checkpoints and roadblocks and engage in extortion and
violence. Police claimed to have arrested more than 500 officers on
charges of extortion between June and September (see Section 1.a.).
The Constitution prohibits the denial of exit or entry to any
citizen, and the Government generally respected this law. The law also
provides that women are required to obtain permission from a male
family member before having an application for a passport processed;
however, this provision was not enforced strictly. Some men take their
wives' and children's passports and other identification documents with
them while traveling abroad to prevent their family from leaving the
country.
There were no reports that the Government denied passports to
political figures or journalists or interrogated citizens who were
issued visas to foreign countries; however, there continued to be
sporadic but unconfirmed reports that persons were questioned upon
entry or exit to the country at Murtala Mohammed international airport.
These persons, all of whom had been opponents of the Abacha regime,
remained in immigration computer systems as individuals to be
questioned by immigration or security officers. The SSS arrested Dr.
Tajudeen Abdul Raheem, Chairperson of the International government
Council of the Centre for Democracy and Development (CDD), on December
3 at Murtala Mohammed Airport as he prepared to depart for England.
Although the SSS released Dr. Raheem the following day, his passport
was not returned. Authorities stated his name appeared on a watch list.
The Lagos office of the U.N. High Commissioner for Refugees (UNHCR)
estimated that 20,000 Nigerian refugees, mostly ethnic Fulani herders,
were in Cameroon at year's end. The refugees had fled eastern Benue and
Taraba States following ethno-religious clashes between the Tiv and
Jukun peoples in January. The organization also estimated up to 100
additional Ogoni refugees arrived in Benin, bringing the total number
of Ogoni refugees in that country to approximately 1,000.
During periods of ethno-religious violence, numerous persons were
displaced from their places of residence. For example, in September and
October 2001, several hundred thousand persons were displaced due to
the ethnic conflict in Benue, Taraba, and Nassarawa States (see Section
5). In April media reports stated that three persons were killed and an
undisclosed number injured when unknown gunmen assaulted displaced Tivs
attempting to return to Taraba State. No arrests were made during the
year. Hundreds of Tiv attempting to return to their homes in Taraba and
Nassarawa were forced to return to Benue after non-Tiv residents of
these states attacked them. Officials in Benue estimated that as many
as 6,000 Tiv internally displaced persons (IDPs) were unable to return
to their homes in other states. Other observers estimated that fewer
than 1,000 persons remained.
In October 2001, following ethno-religious violence in Kano, many
Igbo and Yoruba residents sent their families south. Many have
returned. After ethno-religious violence in Plateau and Bauchi States
in September and October 2001, thousands of Hausa residents fled the
city of Jos in Plateau and towns in Bauchi where they had been
attacked, and many of these Hausa have not returned. Many persons
fleeing ethno-religious violence first found refuge in military
barracks, police compounds, and other public places; some persons still
were living in such government buildings at year's end. In July
President Obasanjo directed the National Commission for Refugees (NCR)
to assist IDPs rendered homeless during communal crises; however, it
was not evident if aid was provided by year's end.
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 cooperated with the
UNHCR and other humanitarian agencies in assisting refugees through the
NCR and its Federal Commissioner. The Eligibility Committee, which
governed the granting of refugee status, asylum, and resettlement,
reviewed refugee and resettlement applications. A representative from
the UNHCR participated in this committee. The issue of the provision of
first asylum has not arisen since the establishment of the NCR.
There were an estimated 7,000 recognized refugees living in the
country. By October 299 refugees had been repatriated from Nigeria to
Sierra Leone through UNHCR. Remaining refugees included others from
Sierra Leone, Liberia, Chad, Rwanda, and the Democratic Republic of the
Congo. UNHCR's census of the refugees in the country had not been
published at year's end. The Government also provided residence in the
country to 3 Cameroonians, 3 Chadians, 5 Sudanese, 13 Liberians, and 17
persons from other countries. The NCR reported that it provided
education and health service programs to the refugees. The NCR
reportedly also set up micro-credit programs for refugees in the areas
of trading, poultry and fish farming, and cassava processing.
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 o Change
Their government
The Constitution provides citizens with the right to change their
government peacefully through periodic free and fair elections held on
the basis of universal suffrage. Citizens exercised this right in
national elections for president and the National Assembly in February
1999. Voter apathy and widespread fraud marred the legislative
elections; however, the turnout increased for the presidential race,
which proceeded peacefully with reports of only a few violent
incidents. Irregularities occurred at each stage of the electoral
process. International observers confirmed the results and stated that,
despite widespread fraud, Obasanjo's victory reflected the will of the
majority of voters. Obasanjo, 109 senators, 360 members of the House of
the National Assembly, and 36 governors and state assemblies assumed
office in May 1999.
The President, Vice President, and other national and state
officials serve 4-year terms. The next state and national elections are
scheduled for 2003. Local government elections were scheduled for May
but were postponed until the registration of new parties as well as
voter registration were completed. Voter registration, originally
scheduled for November 2001, was delayed until September. INEC claimed
the lack of government funding was the major reason for the delay;
however, INEC critics also strongly questioned INEC's expertise and
independence from the Government. When the exercise was carried out in
September, there was widespread dissatisfaction amid charges that
millions of eligible voters were unable to register due to an apparent
shortage of registration materials. In addition, there were allegations
of improper hoarding of registration materials by politicians. Local
elections were postponed twice during the year because of the delay in
voter registration. In November INEC announced that local elections
would take place in February 2003.
The Constitution 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. Several public officials were
scrutinized closely by the press, public, and legislative
investigators. During the year, there were several attempts to impeach
President Obasanjo, Senate President Anyim, and Speaker Na'Abba. In
August the House of Representatives issued a ``resign or be impeached
ultimatum'' to President Obasanjo. Most of the opposition to the
President came from legislators within his own party. In addition to
the impeachment threat, public criticism of the President has been
frequent and, at times, harsh; the President did not resort to force or
intimidation to stifle the impeachment threat or the public criticism
against him.
The political system remained in transition. The three branches of
the Government acted somewhat independently. 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 legislative
responsibilities such as budget review and oversight, the election
reform initiative, and resource allocation seriously, however,
legislative and executive ineffectiveness and inability to compromise
resulted in little substantive legislation. President Obasanjo created
several commissions to investigate official corruption and human rights
abuses, and these commissions received numerous petitions to present
evidence of wrongdoing (see Section 4).
The Constitution was promulgated in May 1999. The drafting of the
Constitution 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, power-sharing formulas, and minority
ethnic groups' rights. Complaints about the Constitution persisted, and
there were continued calls for a national conference to reexamine the
constitutional and political structure of the country.
In December 2001, the President signed an electoral law that
extended the tenures of local governments by rescheduling local
elections in 2003. State governors and state assemblies contested the
provision as an infringement on the states' constitutional power to
control local government. The President vetoed an amended bill that
mandated all state and national elections must take place on the same
day in 2003, but in September both houses overrode the President's
veto. INEC filed a lawsuit, claiming the provisions to hold local and
federal elections in one day was an unconstitutional interference with
its authority.
In early December, the Supreme Court ruled that INEC's
interpretation of an existing law was faulty, and new political parties
would be allowed to participate at all levels in 2003.
During the year, the judiciary issued several important
constitutional decisions that will help define federalism based on the
rule of law, including that the National Assembly lacked the authority
to extend the tenure of local governments and the decision that
delimited the distribution of oil revenues.
There were no legal impediments to political participation or
voting by women. Men continued to dominate the political arena, and
NGOs continued to protest the limited representation of women in the
political process. Although there were more than 500 ministerial and
National Assembly positions, there were only 6 female ministers, 3
female senators, and 12 female representatives. Women's rights groups
lobbied local and state governments, as well as the Government, to
adopt a 30 percent affirmative action program; however, these efforts
were unsuccessful. The PDP waived the party filing fees for women
seeking PDP nominations for various political offices to encourage more
female candidates.
There were 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,
there were more than 250 ethnic groups, and it was difficult to ensure
representation of every group in the Government (see Section 5). The
federal and state level ministers generally were selected to represent
the country's and state's regional, ethnic, and religious makeup.
President Obasanjo attempted to create an ethnically inclusive
government. Despite this effort, many groups complained of insufficient
representation. Middle Belt and Christian officers dominated the
military hierarchy. Some persons in the North believe that the northern
Hausa were underrepresented in the military.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. Criticism of
the Government's past human rights' record was abundant in various
media. However, in October CLEEN claimed that more than 2,000 copies of
the report ``Hope Betrayed? A Report on Impunity and State-Sponsored
Violence in Nigeria'' were impounded at the customs office in Lagos,
due to ``alleged political undertones of a subversive nature within the
report.'' CLEEN also claimed that security service agents harassed
three drafters of the report.
Human rights activists continued to complain that President
Obasanjo and members of his government did not meet with them as
frequently as they did during the early years of his administration.
The Catholic Secretariat continued to hold a monthly open forum in
Lagos on various subjects relating to past and present human rights
issues. Discussion panels included a number of NGOs, media, and
religious leaders. Each session ended with recommendations to the
Government on how best to resolve these issues. The Government had not
responded to any of these recommendations by year's end.
On May 27, the Gambia-based African Commission on Human and
People's Rights (ACHPR) ruled that the past military governments
violated the rights of Ogonis in the Delta region. The ACHPR found that
military regime security forces had terrorized and killed Ogonis with
impunity. In November the NCR visited Ogoniland with a UNHCR
representative on a fact-finding mission to assess Ogoni living
conditions. The Commissioner acknowledged the sacrifices made by the
Ogoni people for the development of democracy and began a dialog on
behalf of the Federal government. The mission's report was pending at
year's end.
The ICRC was 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 (see Section 1.c.).
A number of groups spoke out against the October 2001 killings of
civilians in Benue by soldiers and called for a full investigation. The
Commission of Inquiry into Communal Clashes in Benue, Nassarawa,
Plateau, and Taraba States began its investigation in March, and its
proceedings continued at year's end.
The NHRC, which was tasked with monitoring and protecting human
rights in the country, enjoyed greater recognition by and coordination
with NGOs, and worked to establish its credibility as an independent
monitoring body. The NHRC was chaired by retired Justice Uche Omo and
included 15 other members. The NHRC established zonal affiliates in
each of the country's six political regions during the year. Since its
inception, the NHRC has been denied adequate funding to do its job
properly. The NHRC created a strategic work plan for the year and
inaugurated steering and coordinating committees for the national
action plan to be deposited with the UNCHR on December 10. During the
year, it assisted in obtaining release for more than 100 prisoners
detained without charge.
The HRVIP, commonly known as the Oputa panel, was a one-time panel
established in 1999 by President Obasanjo to investigate human rights
abuses from 1966 to 1999. The Oputa Panel was authorized to recommend
courses of action to the justice system for perpetrators of past
abuses, something the NHRC did not do. According to Justice Oputa, the
chair, the panel's primary goal was to provide the country with a
systematic examination of past human rights abuses to develop a
national consensus on the boundaries of acceptable behavior by
government entities as well as individuals. The panel heard cases
throughout 2001, mostly involving allegations of unlawful arrest,
detention, and torture as far back as the 1966 Biafran War. The panel
also heard cases in which the rights of groups were violated. The Oputa
Panel held extensive hearings in Lagos, Abuja, Port Harcourt, and Kano
during 2001, and took evidence in the claims of more than 10,000
petitioners. The panel presented its findings to the President in late
May and recommended compensation for victims of the worst human rights
abuses; no one was compensated by year's end. President Obasanjo
appeared before the panel to explain his role in army actions during
his tenure as military head of state in the late 1970s. The family of
late musician Fela Kuti claimed that Obasanjo was involved in a 1979
army raid in which Kuti's mother was killed.
After he and other former Heads of State refused to appear before
the Oputa Panel in 2001 to answer questions, in June former Head of
State Ibrahim Babangida filed a lawsuit banning the implementation of
the panel's findings. In October Minister of Information and National
Orientation, Professor Jerry Gana, reported that the Government would
wait for all pending lawsuits to be decided before determining whether
to publish the panel's recommendations.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The 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, 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 citizens and the security forces and between groups of
citizens.
Women.--Domestic violence was a problem. Reports of spousal abuse
were common, especially those of wife beating. Police normally did not
intervene in domestic disputes, which seldom were 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 estimated that spousal abuse occurred in 20 percent of adult
relationships. In more traditional areas of the country, courts and
police were reluctant to intervene to protect women who accused their
husbands formally if the level of alleged abuse did not exceed
customary norms in the areas. Rape and sexual harassment continued to
be problems. In March the Legislative Advocacy Commission on Violence
Against Women submitted a bill on violence against women to the House
of Representatives.
The Federal government publicly opposed FGM; however, it took no
legal action to curb the practice. There were no federal laws banning
FGM. Because of the considerable problems that anti-FGM groups faced at
the federal level, most refocused their energies to combat FGM at the
state and local government area (LGA) level. In October Bayelsa State
enacted a law prohibiting FGM, and penalties for breaching the law were
a monetary fine or prison term. In 2000 Edo, Ogun, Cross River, Osun,
and Rivers States banned FGM. In Edo State, the punishment was a $8
(1,000 naira) fine and 6 months' imprisonment. However, once a state
legislature criminalized FGM, NGOs found that they had to convince the
LGA authorities that state laws were applicable in their districts.
The Women's Center for Peace and Development (WOPED) estimated that
at least 50 percent of women undergo FGM. 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 prevalence may be as high as
100 percent in some ethnic enclaves in the south. While practiced in
all parts of the country, FGM was more predominant in the southern and
eastern zones. Women from northern states were less likely to undergo
FGM; however, those affected were more likely to undergo the severe
type of FGM known as infibulation. The age at which women and girls
were subjected to the practice varied from the first week of life until
after a woman delivers her first child. WOPED believed that the
practice was perpetuated because of a cultural belief that
uncircumcised women were promiscuous, unclean, unsuitable for marriage,
physically undesirable, and were potential health risks to themselves
and their children, especially during childbirth. The Ministry of
Health, women's groups, and many NGOs sponsored public awareness
projects to educate communities about the health hazards of FGM. They
worked to eradicate the practice, and trained health care workers on
the medical effects of FGM; however, contact with health care workers
remained limited. Nevertheless most observers agreed that the number of
women and girls who underwent FGM declined each year.
Prostitution was a serious social problem, particularly in urban
areas. A number of states began to enforce existing laws or to
introduce new laws to combat prostitution. All states that have adopted
Shari'a have criminalized prostitution, and this ban was enforced with
varying degrees of success. Prostitution was not illegal in Lagos
State; however, authorities used statutes that outlaw pandering as a
justification to arrest prostitutes. Edo State outlawed prostitution in
2000.
There was an active market for trafficking in women (see Section
6.f.).
In some parts of the country, women continued to be harassed for
social and religious reasons. Purdah continued in parts of the far
north (see Section 1.f.).
Women also experienced considerable discrimination. There were no
laws barring women from particular fields of employment; however, women
often experienced discrimination because the Government tolerated
customary and religious practices that adversely affected them. The
Nigerian NGOs Coalition 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 were credible reports that several
businesses operated with a ``get pregnant, get fired'' policy. Women
remained underrepresented in the formal sector but played an active and
vital role in the country's informal economy. While the number of women
employed in the business sector increased every year, women did not
receive equal pay for equal work and often found it extremely difficult
to acquire commercial credit or to obtain tax deductions or rebates as
heads of households. Unmarried women in particular endured many forms
of discrimination.
While some women made considerable individual progress both in the
academic and business world, women remained underprivileged. Although
women were not barred legally from owning land, under some customary
land tenure systems only men could own land, and women could gain
access to land only through marriage or family. In addition, many
customary practices did 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
were subjected to unfavorable conditions as a result of discriminatory
traditional customs and economic deprivation. ``Confinement'' was the
most common rite of deprivation to which widows were subjected, and it
occurred predominately in the East. Confined widows were under
restrictions for as long as 1 year and usually were required to shave
their heads and dress in black. In other areas, a widow was considered
a part of her husband's property, to be ``inherited'' by his family.
Shari'a personal law protects widows' property rights. Polygyny
continued to be practiced widely among all ethnic and religious groups.
Women were required by law to obtain permission from a male family
member to get a passport (see Section 2.d.). In practice, the testimony
of women was not given the same weight as that of men in many criminal
courts (see Section 1.e.).
Women were affected to varying degrees by the adoption of various
forms of Shari'a law in 12 northern states. In Zamfara State, local
governments instituted laws requiring the separation of Muslim men and
women in transportation and health care. In violation of mainstream
Shari'a jurisprudence, some Alkali judges subjected women to harsh
sentences for fornication or adultery based solely upon the fact of
pregnancy, while men were not convicted without eyewitnesses unless
they confessed (see Section 1.c.).
Children.--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. Public schools continued to
be inadequate, and limited facilities precluded access to education for
many children. The Constitution calls 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. In many
parts of the country, girls were discriminated against in access to
education for social and economic reasons. The literacy rate for men
was 58 percent but only 41 percent for women. Rural girls were even
more disadvantaged than their urban counterparts. Only 42 percent of
rural girls were enrolled in school compared with 72 percent of urban
girls. Many families favored boys over girls in deciding which children
to enroll in secondary and elementary schools. When economic hardship
restricted many families' ability to send girls to school, many girls
were directed into activities such as domestic work, trading, and
street vending.
While most schools in the north traditionally have separated
children by gender, it was required by law in Zamfara, Sokoto, and
Kebbi State schools (see Section 2.c.).
Cases of child abuse, abandoned infants, child prostitution, and
physically harmful child labor practices remained common throughout the
country (see Sections 6.d. and 6.f.). The Government criticized child
abuse and neglect but did not undertake any significant measures to
stop customary practices harmful to children, such as the sale of young
girls into marriage (see Section 6.f.). There were credible reports
that poor families sold their daughters into marriage as a means of
supplementing their incomes. Young girls sometimes were forced into
marriage as soon as they reached puberty, regardless of age, in order
to prevent the ``indecency'' associated with premarital sex.
FGM was performed commonly on girls (see Section 5, Women).
Persons with Disabilities.--While the Government called for private
business to institute policies that ensured fair treatment for persons
with disabilities, it did not enact during the year any laws requiring
greater accessibility to buildings or public transportation, nor did it
formulate any policy specifically ensuring the right of persons with
disabilities to work. The Government established vocational training
centers in Abuja to provide training to beggars with disabilities.
National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse, and consisted of more than 250 groups, many of
which spoke distinct primary languages and were concentrated
geographically. There was no majority ethnic group. The four largest
ethnic groups, which comprised two-thirds of the country's population,
were the Hausa and Fulani of the north, the Yoruba of the southwest,
and the Igbos of the southeast. The Ijaw of the South Delta were the
fifth largest group, followed by Kanuri in the far northeast, and the
Tiv in the Middle Belt.
The 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. The
Government was an example of this diversity: President Obasanjo is a
Yoruba from the southwest, the Vice President is a northerner, and the
Senate President is an Igbo. The Government also attempted to balance
other key positions among the different regions and ethnic groups. 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 ethnic groups to ensure that each region was
given adequate representation. Nonetheless, claims of marginalization,
particularly by members of southern minority groups and Igbos,
continued; in particular, the ethnic groups of the Niger Delta
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 Government of
favoring Yorubas or Christians from the Middle Belt for those
positions. Traditional linkages continued to impose considerable
pressure on individual government officials to favor their own ethnic
groups for important positions and patronage.
Ethnic minorities, particularly in Delta, Rivers, Bayelsa, and Akwa
Ibom States, have claimed environmental degradation and government
indifference to their status in the Delta despite the fact that most of
oil wealth comes from the Niger Delta region. Groups such as the Ijaw,
Itsekiri, Urhobo, Isoko, and Ogoni continued to express their
unhappiness about their perceived economic exploitation and the
environmental destruction of their homelands, and incidents of ethnic
conflict and confrontation with government forces continued in the
delta area (see Sections 1.a. and 1.b.). Other ethnic groups saw the
Kaiama Declaration, which claimed 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.). Many oil companies
continued to employ local police and, in some cases, military troops to
protect their facilities and personnel. Local youths claimed that the
companies' security personnel engaged in unlawful killings and other
human rights abuses (see Section 1.a.). According to Human Rights
Watch, soldiers, naval personnel, and paramilitary Mobile Police
deployed across the Niger Delta carried out summary executions,
assaults, and other abuses on an ongoing basis.
In July approximately 150 Itsekiri women, protesting their
perceived marginalization, occupied Chevron's Escravos oil export
terminal. They vacated the facility 9 days later after negotiations
with Chevron.
In 2000 the Niger Delta Development Commission (NDDC) was created
to facilitate local development and to grant more local autonomy over
the expenditure of resources derived from the Delta; however, the NDDC
did very little during the year.
Competing economic aspirations among smaller ethnic groups related
to the control of state and local governments led to violent conflicts
during the year.
Societal discrimination on the basis of ethnicity was practiced
widely by members of all ethnic groups and was 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 was a long history of tension among
some ethnic groups (see Section 2.c.).
Conflict over land rights and ownership continued among members of
the Tiv, Kwalla, Jukun, and Azara ethnic groups; each of these groups
resided at or near the convergence of Nassarawa, Benue, and Taraba
States. The Tiv, who were thought to have migrated to the country later
than other inhabitants of the disputed area, were regarded as
interlopers by the ``indigenous'' ethnic groups despite the fact that
they predominate in much of Benue and parts of other states.
In January in Nassarawa State, approximately 100 persons died in
communal clashes. Also in January, clashes between Fulani herders and
local farming communities resulted in the deaths of 40 persons in
Taraba State.
In March in Cross River State, approximately 40 persons died in
fighting between the Apiapum and Ufatura communities.
Communal violence occurred throughout the year in Plateau State.
Dozens died as local communities continued to compete for scarce
resources. The State government reported that criminals and hired
mercenaries from other areas of Nigeria, Chad, and Niger added to the
violence after being hired and induced by some communities to attack
rival villages in the state. In October police reported that a team of
military and police killed six attackers.
In September and October 2001, ethno-religious unrest in Jos
resulted in the deaths of 2,300 persons and the internal displacement
of approximately 15,000 persons. Approximately 80 percent of the
victims in Jos were Hausa Muslims, who constituted a significant
minority in Jos. The military was able to restore order, but thousands
of Hausa fled Plateau for Kaduna, Kano, Jigawa, and Bauchi. This
conflict appeared to have been primarily ethnic and secondarily
religious. Christians of different ethnic groups reportedly attacked
each other, and Yoruba Muslims joined in targeting their Hausa co-
religionists. There were reports of some IDPs returning to Plateau, but
numbers cannot be confirmed and by most credible estimates the majority
of the IDPs have not returned.
The violent border dispute in the east between Cross River and Akwa
Ibom States diminished during the year. Communal violence also abated
between Jukun-Kuteb (Taraba State). There were no new reports of
communal clashes between Aguleri-Umuleri, Anambra State or Ife-
Modakeke, Osun State, by the year's end.
There were no developments in 2001 incidents of ethnoreligious
violence.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides all
citizens with the right to assemble freely and associate with other
persons, and to form or belong to any trade union or other association
for the protection of their interests; however, several statutory
restrictions on the right of association and on trade unions remained
in effect. Only a single central labor federation, the Nigerian Labor
Congress (NLC), was permitted by law, and the Government recognized
only 29 trade unions. Trade unions were required to be registered
formally by the Government, and a minimum of 50 workers was required to
form a trade union. Nonmanagement senior staff members were prevented
from joining trade unions, and senior staff associations were denied a
seat on the National Labor Advisory Council (NLAC). The International
Labor Organization (ILO) Committee of Experts repeatedly has cited
several of these restrictions. The Government has not amended the laws,
but it has conducted discussions with senior staff associations
concerning formal recognition and their accession to the NLAC.
Workers, except members of the armed forces and employees
designated as essential by the Government, may join trade unions.
Essential workers included members of the armed forces and government
employees in the police, customs, immigration, prisons, federal mint,
central bank, and telecommunications sectors. Employees working in a
designated export processing zone (EPZ) may not join a union until 10
years after the start-up of the enterprise (see Section 6.b.).
According to figures provided by the NLC, total union membership
was approximately 4 million. Less than 10 percent of the total work
force was organized. With the exception of a small number of workers
engaged in commercial food processing, the agricultural sector, which
employed the bulk of the work force, was not organized. The informal
sector, and small and medium enterprises, largely remained unorganized.
The Government has mandated a single trade union structure with
service and industrial unions grouped under the NLC. The trade union
movement was composed of two groups consisting of junior and senior
staff workers. The single trade union structure and segregation of
junior from senior staff were intended to dilute the bargaining
strength of workers. Junior staff workers, primarily blue-collar
workers, were organized into the 29 industrial unions that were
affiliated with the NLC; 21 associations make up the Trade Union
Congress (TUC). The TUC has a claimed membership of approximately
400,000 to 600,000. The TUC, which was composed primarily of white-
collar workers, has not been sanctioned officially by the Government,
and was prohibited by statute from affiliating with the NLC. The TUC
lacked a seat on the NLAC.
The Maritime Workers Union continued to challenge the Government's
decertification during the year.
The ILO cited a number of restrictions on freedom of association,
including requiring all registered labor unions to affiliate with a
single central labor federation (the NLC); establishing a minimum of 50
workers to form a trade union; providing for the possibility of
compulsory arbitration; giving the registrar broad powers to supervise
trade union accounts; and giving the Government discretionary power to
revoke the certification of a trade union due to overriding public
interests. However, in August the Government ratified several ILO
conventions.
Complaints of antiunion discrimination could be brought to the
Ministry of Labor for mediation, conciliation, and resolution.
The NLC and labor unions were free to affiliate with international
bodies; however, prior approval from the Minister was required. The NLC
had affiliated with the Organization of African Trade Unions.
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
occurred throughout the public sector and the organized private sector.
The Labor Minister could refer unresolved disputes to the Industrial
Arbitration Panel (IAP) and the Nigerian Industrial Court (NIC). Union
officials questioned the effectiveness and 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. The NIC was reconstituted in 2001 with
several new members, including a formerly imprisoned trade unionist,
Milton Dabibi. Union leaders criticized the arbitration system's
dependence on the Labor Minister's referrals. The Labor Minister made
several referrals to the IAP during the year. The IAP and NIC were
active following the Government's appointment of new members; however,
both suffered from a lack of resources.
A worker under a collective bargaining agreement could not
participate in a strike unless his union complied with the requirements
of the law, which included provisions for mandatory mediation and for
referral of the dispute to the Government. The law allows the
Government discretion to refer the matter to a labor conciliator,
arbitration panel, board of inquiry, or the National Industrial Court.
The law forbids any employer from granting a general wage increase to
its workers without prior government approval. However, in practice the
law does not appear to be enforced; strikes, including in the public
sector, were widespread and private sector wage increases generally
were not submitted to the Government for prior approval.
Workers had the right to strike; however, certain essential workers
were required to provide advance notice of a strike. On January 17, NLC
President Adams Oshiomhole was arrested during a general strike to
protest the Government's 15.3 percent fuel price hike. Oshiomhole and
several supporters were charged with ``unlawful assembly and inciting
the general public against the Government.'' The Government and an
Abuja court called the strike ``illegal.'' The NLC argued that it had
exercised a legitimate right to strike. Oshiomhole was released on
bail, and there was no further action in this case during the year.
On February 1, police in 14 states held a 1-day strike to demand
payment of one-year's wage arrears. The Government declared that
striking police officers would be prosecuted for mutiny. In August it
was reported that 64 officers had been dismissed in Akwa Ibom State for
their participation in the strike. On March 6, the Government dismissed
Police Inspector General Musiliu Smith, replacing him with Tafa
Balogun. The Government pledged to triple the size of the police force
and to speed promotions. There also were reports of a planned strike by
junior officers in the military. Military leadership denied that a
strike was being planned and also warned junior officers that to strike
was mutiny and punishable by death. No such strike ever occurred.
In May the Nigerian Union of Railwaymen (NUR) struck over the
nonpayment of 3 months' salary. In July strikes were held by the Lagos
State Truck Owners Association, Port Harcourt dockworkers, and Shell
(SPDC) contract workers. Members of the Medical and Health Workers
Union struck in August at teaching hospitals, including Lagos
University State Hospital.
During the year, there were smaller strikes over the increased use
of contract labor and the lack of indigenous workers in management
positions in the oil sector, particularly in the Niger Delta. The
National Union of Petroleum and Natural Gas Workers (NUPENG) and its
senior staff counterpart Petroleum and Natural Gas Senior Staff
Association of Nigeria (PENGASSAN) were particularly concerned about
the increasing use of contract labor and the number of indigenous
workers in management positions. NUPENG and PENGASSAN staged a 2-day
warning strike in September to protest the Government's plan to
privatize the four national refineries.
In Anambra State, teachers went on strike during the year to demand
a year's back pay. Despite several protests and labor disruptions, the
Anambra State government still owed workers 7 months' salaries by
year's end. The state civil service was nearly paralyzed as many
workers declined to work until salary arrears were paid.
There were no new developments in the 2000 dispute over Lagos State
government's reluctance to pay a higher minimum wage to public sector
workers. A compromise package offered by the state was accepted by the
workers in 2001; however, the local union leadership pressed for more
pay.
There were no laws prohibiting retribution against strikers and
strike leaders, but strikers who believed they were victims of unfair
retribution could submit their cases to IAP, with the approval of the
Labor Ministry. The IAP's decisions were binding on parties but could
be appealed to the NIC. In practice the decisions of these bodies
infrequently carried the force of law. Union representatives described
the arbitration process as cumbersome and time-consuming, and an
ineffective deterrent to retribution against strikers.
The Government retained broad legal authority over labor matters
and often intervened in disputes seen to challenge key political or
economic objectives. However, the labor movement increasingly was
active on issues affecting workers. During the year, the NLC spoke out
on economic reform, fuel price deregulation, privatization,
globalization, tariffs, corruption, contract workers, and political
issues.
EPZs in Calabar, Cross River State, and Onne Port, Rivers State,
operated during the year. Workers and employers in these zones were
subject to national labor laws, which provided for a 10-year amnesty on
trade unions, strikes, or lockouts for a period of 10 years following
the commencement of operations within a zone. In addition, the law
allows the Export Processing Zones Authority to handle the resolution
of disputes between employers and employees instead of workers'
organizations or unions. The Export Processing Zones Decree has been
criticized by the ILO for not allowing any unauthorized person to enter
any EPZ.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor; however, there were reports that it occurred (see
Section 6.f.), and enforcement of the law was not effective.
The Government does not prohibit specifically forced and bonded
labor by children; however, the prohibition on forced labor extends to
children. There were occasional reports of forced child labor,
including child slavery rings operating between Nigeria and neighboring
countries (see Sections 5 and 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law 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 states 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.
Economic hardship resulted in high numbers of children in
commercial activities aimed at enhancing meager family income. The ILO
estimated that approximately 12 million children between the ages of 10
and 14 (25 percent of all children) were employed in some capacity.
Children frequently were employed as beggars, hawkers, and bus
conductors in urban areas. The use of children as domestic servants was
common.
Private and government initiatives to stem the growing incidence of
child employment continued but were ineffective. UNICEF operated
programs that removed young girls from the street hawking trade and
relocated them to informal educational settings. UNICEF reported that
the program only began to address the problem during the year. In
conjunction with the ILO, the Government formulated a national program
of action in support of child rights, survival, protection,
development, and participation. In August 2001, the ILO and the Labor
Ministry signed a formal agreement establishing the program; however,
the program had not shown any results by year's end due to logistical
problems and changing personnel in the Ministry.
The Labor Ministry had an inspections department whose major
responsibilities included enforcement of legal provisions relating to
conditions of work and protection of workers. However, there were fewer
than 50 inspectors for the entire country, and the Ministry conducted
inspections only in the formal business sector, in which the incidence
of child labor was not significant.
There were reports of forced child labor (see Section 6.f.).
e. Acceptable Conditions of Work.--The law sets a minimum wage,
which was reviewed infrequently. Real private sector wages greatly
exceeded the minimum wage. After a lapse of several months, police
began receiving payment during the year. In September NLC president
Adams Oshiomole announced that he had reached a compromise with the
Government to implement a 25 percent pay raise over 2 years; however,
The Government never formally acknowledged the agreement.
In 2000 the minimum wage increased to $50 (7,500 naira) per month
for federal workers and from $40 to $48 (5,000 to 6,500 naira) per
month for state employees. Private employers in the formal sector
tracked the public sector wage scale. Along with the many allowances
that were paid, the increase appeared to be sufficient for a decent
standard of living. However, many government agencies were slow to pay
the new wage scale, and most federal salaries were frozen for 3 months,
pending a census of government employees. Ghost workers (who appeared
on the employment rolls but not on the job) remained a significant
problem that was not addressed fully during the year. The Government
directed each State administration to establish its own salary
structure based on its ability to pay and in accord with the national
minimum wage; however, the Government increased federal salaries in
2000 to $48 (6,500 naira) without adequate consultations with state
governments, whose employees demanded similar wages. As a result,
several state governments maintained that they could not afford to pay
this wage, without massive layoffs or the elimination of ghost workers.
The issue of the minimum wage caused several labor disruptions
throughout the year, and remained unresolved in several states (see
Section 6.b.).
The law mandates a 40-hour workweek, 2 to 4 weeks annual leave, and
overtime and holiday pay. There is no law prohibiting excessive
compulsory overtime. The law also establishes general health and safety
provisions, some of which were aimed specifically at young or female
workers. It required that the factory division of the Ministry of Labor
and Employment inspect factories for compliance with health and safety
standards; however, this agency was greatly underfunded, lacked basic
resources and training, and consequently neglected safety oversight of
many enterprises, particularly construction sites and other non-factory
work. The Ministry often failed to reimburse inspectors for expenses
incurred in traveling to inspection sites, and safety oversight of many
enterprises often were neglected. The law requires employers to
compensate injured workers and dependent survivors of those killed in
industrial accidents. The Labor Ministry, which was charged with
enforcement of these laws, has been ineffective in identifying
violators. The Government has failed to act on various ILO
recommendations to update its program on inspection and accident
reporting. The Labor Decree did not provide workers with the right to
remove themselves from dangerous work situations without loss of
employment.
f. Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, and trafficking in persons (TIP) was a problem.
Nigeria was a country of origin, transit, and destination for
trafficked persons, with an active, growing market for trafficking in
women and children within the region and to Europe.
Draft legislation was under review in the National Assembly that
would make trafficking a crime; however, the legislation had not been
passed by year's end.
The National police have an anti-trafficking unit, and anti-TIP
units have been created in 11 trafficking-prone states.
Many states that arrest traffickers are forced to release them when
victims and their families refuse to testify. The Government prosecuted
only a few persons for trafficking during the year. Bisi Dan Musa, a
prominent Lagos businesswoman and wife of a former presidential
candidate, was arrested and charged with 19 counts of child stealing
and slave dealing; 16 children between the ages of 1 and 4 reportedly
were found in her custody. The trial was discontinued after most of the
parents could not be found or were unwilling to testify, and she was
released on bail.
In April the SSS intercepted 10 teenage girls being trafficked
across the border and arrested the trafficker.
In Edo State, 30 trafficking cases were pending at year's end,
including one against a high chief who since has been stripped of his
title.
There were no developments in the trial of 15 Nigerian trafficking
suspects, including the former police commissioner of Edo State,
following their extradition in October 2001, or in the August 2001
detention of a Nigerian man in Sokoto State for the alleged trafficking
of 10 girls between the ages of 10 and 16.
The full nature and scope of the trade remained unknown, but
immigration and police officials throughout Europe continued to report
a steady flow of Nigerian women lured and sold into prostitution in
Europe, particularly Italy, the Netherlands, and Spain. In June 200
trafficking victims were deported to Nigeria; over the past 3 years,
1,098 persons were returned to the country from Europe and North
America. Nigerian Interpol claimed that some women entered the sex
trade independently, were not controlled by syndicates, and were
economically motivated. However, several women's rights organizations
reported that hundreds of women migrated to Europe in response to job
offers as domestic workers or waitresses. Upon arrival many were forced
into prostitution in order to pay off debts. In addition, there was
evidence that Nigerian crime syndicates may use indebtedness, secret
rituals, threats of beatings and rape, physical injury to the victim's
family, arrest, and deportation to persuade those forced into sex work
from attempting to escape or from contacting police and NGOs for
assistance.
There were no further reports during the year that Nigerian girls
were sold into sexual slavery and trafficked through England.
Incidents of child trafficking in Lagos and other major Nigerian
cities during the year were suspected to be commonplace. There was
evidence of trafficking of children to the U.S. and Europe, primarily
to reunite children with their undocumented parents abroad. Child
traffickers received a monthly payment from the employer, part of which
was to be remitted to the parents of the indentured child servant.
Traffickers took advantage of a cultural tradition of ``fostering,''
under which it was acceptable to send a child to live and work with a
more prosperous family in an urban center in return for educational and
vocational advancement. Often the children in these situations only
worked and did not receive any formal education; however, many families
who employed children as domestic servants also paid their school fees.
Other children were forced to serve as domestics or to become street
hawkers selling nuts, fruits, or other items. There were credible
reports that poor families sold their daughters into marriage as a
means of supplementing their income (see Section 5).
According to ILO reports, there was an active and extensive trade
in child laborers. Some were trafficked to Cameroon, Gabon, Benin, and
Equatorial Guinea to work in agricultural enterprises. Other children
were coerced into prostitution (see Section 5). 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 Nigeria and some southern states such as Cross Rivers and Akwa Ibom
were the points of trafficking of children for labor and, in some
cases, human sacrifice. The country remained a destination for the
trafficking of Togolese children.
Children from neighboring countries also were trafficked to Nigeria
for work as domestic servants.
The adoption of Shari'a-based legal systems by northern states
resulted in the stronger enforcement of laws against child prostitution
(see Section 2.c.).
The Government has conducted few investigations into the alleged
involvement of government officials in trafficking; however,
allegations of such involvement reportedly were widespread.
Some returnees have alleged that immigration officials actively
connived with syndicates; however, there were no arrests of immigration
officials for trafficking offenses during the year. The Assistant
Inspector General of Police was investigating allegations of the
collusion of customs officials in trafficking. In November the
Government announced it was investigating a former customs officer and
two others suspected of trafficking children in Abuja.
There was federal and state government acknowledgement of
trafficking and prevention efforts were underway at all levels.
Awareness campaigns, undertaken by NGOs, prominent politicians, state
governments, and members of the press were gaining widespread
attention. The issue of trafficking in persons for commercial sexual
exploitation to Europe initially raised the awareness of trafficking,
and the awareness of child trafficking for forced labor was growing.
For example, Imo State has a comprehensive anti-trafficking campaign.
Police attempts to stem the trafficking of persons were inadequate,
and frequently the victims of trafficking were subjected to lengthy
detention and public humiliation upon repatriation.
__________
RWANDA
The largely Tutsi Rwandan Patriotic Front (RPF) took power in 1994
and declared a government of National Unity that has functioned during
the transition period following the civil war and genocide. The RPF
remained the principal political force that controlled the Government.
President Paul Kagame was sworn in on April 22, 2000, in what was the
first nonviolent presidential change in the country's history. While
all political parties were represented within the Transitional National
Assembly, it was influenced greatly by President Kagame and the RPF.
Prime Minister Bernard Makuza, from the Democratic Republican Movement
(MDR), ran the Government on a daily basis and was responsible for
relations with the National Assembly. A new constitution was being
written and national elections were scheduled for 2003. The judiciary
was subject to presidential influence and suffered from a lack of
resources, inefficiency, and some corruption.
The Minister of Defense was responsible for external security and
national defense; the Minister of Internal Security was responsible for
civilian security matters as well as supervision of the prisons and the
national police. In October the Government announced a reorganization
of the military establishment, providing for a smaller, heavier force
more suitable for territorial defense than for expeditionary action
abroad. The name of the Rwandan Patriotic Army (RPA) has been changed
to the Rwandan Defense Forces (RDF). The RDF and the police comprised
the security apparatus. Government authorities did not always maintain
effective control of the security forces, and there were several
instances, particularly within the Democratic Republic of the Congo
(DRC), in which elements of the security forces acted independently of
government authority. Volunteer armed civilian units serving as Local
Defense Forces (LDF) with limited arrest powers also functioned
throughout the country. In October, in accordance with an agreement
with the DRC, government forces withdrew from DRC territory. Members of
the security forces committed serious human rights abuses in the DRC;
however, there were fewer reports of abuses committed within the
country than in the previous year.
The country was very poor, and 60 percent of the population of 8.1
million lived in poverty. More than 90 percent of the labor force was
engaged in subsistence agriculture. The 1994 genocide destroyed the
country's social fabric, human resource base, institutional capacity,
and economic and social infrastructure. Per capita annual income was
$230. Small-scale commercial activities increased, but the industrial
base remained limited.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained. The
majority of human rights abuses committed by security forces were in
the DRC. Citizens do not have the right to change their government.
Unlike in the previous year, there were no reports of unlawful killings
or disappearances within the country; however, there were credible
reports that RDF units operating in the DRC committed deliberate
unlawful killings and other serious abuses, and impunity remained a
problem. Security forces beat suspects; however, unlike in the previous
year, there were no reports that prisoners died of torture or abuse.
Prison conditions remained life threatening, and prisoners died of
disease and the cumulative effects of severe overcrowding. Arbitrary
arrest and detention, and prolonged pretrial detention, remained
serious problems. The judiciary was subject to executive influence and
did not always ensure due process or expeditious trials. The Government
continued to conduct genocide trials at a slow pace, and the first
``Gacaca'' courts began operation in July. The Government restricted
freedom of speech and of the press and limited freedom of association
and assembly. In some instances, local government officials restricted
the freedom of religion. The Government forcibly repatriated some
refugees to unsafe areas in the DRC, and harassed others who refused to
leave voluntarily. Societal violence and discrimination against women
and ethnic minorities were problems, and some street children were
forced into an inadequate and unsafe detention center. Child labor
persisted in the agricultural sector.
Unlike in the previous year, there were no reports of killings by
insurgents tied to those responsible for the 1994 genocide.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
previous year, there were no reports that the RDF committed
extrajudicial killings within the country, although RDF soldiers
continued to resist incursions in the northwest and southwest by the
Army for the Liberation of Rwanda (ALIR), a rebel Hutu group. Unlike in
the previous year, there were no reports of civilian deaths as a result
of this fighting. There also were no reports that some RDF forces
summarily executed rebel soldiers.
In February 2001, in Kigali, a soldier in uniform killed RDF
officer Alphonse Mbayire, a former military attache previously assigned
to the Rwandan Embassy in Nairobi. The Government claimed the killing
was the result of a personal dispute; however, there remained
speculation of government involvement in the killing because of
information Mbayire may have had concerning the 1999 murder of former
Minister of Internal Affairs Seth Sendashonga in Nairobi. The
Government reported that a warrant was out for the arrest of Private
Manirakiza, a suspect in the killing.
Harsh prison conditions contributed to the deaths of an
undetermined number of inmates during the year, mostly due to disease
(see Section 1.c.).
Since the start of the current war in the DRC in 1998, RDF troops
have participated on the side of the Congolese Rally for Democracy
(RCD) rebel movement against the DRC government. In 1999 all parties
involved in the war in the DRC signed the Lusaka Agreement, which
included a cease-fire; however, all parties, including RDF soldiers,
repeatedly participated in battles after the declaration. Following the
assassination of DRC President Laurent Kabila in January 2001, renewed
efforts were made to end the war; however, periodic fighting since that
time has resulted in credible allegations of human rights violations by
all forces, including the RDF; however, no reliable statistics were
available. All parties agreed to disengage their troops from the front
lines and began doing so in 2001; the RDF pulled back to its agreed
upon positions. In March 2001, a cease-fire began; however, fighting
continued between the RDF/RCD and pro-DRC forces, primarily in the Kivu
Provinces, DRC. In July in Pretoria, the Government and the DRC
government signed an agreement calling for the DRC to end its support
for Rwandan rebels and for the RDF to withdraw from DRC territory. In
September the Government began withdrawing troops and by October 5, all
RDF forces had left the DRC, according to the U.N.-South African third-
party verification mechanism.
There continued to be reports throughout the year of killings and
other human rights abuses committed with impunity in the DRC by both
pro-DRC and anti-DRC government forces, including, prior to October,
the RDF. Verification of these reports was extremely difficult,
particularly those originating from remote areas and those affected by
active combat in the eastern part of the DRC. Independent observers
often found access difficult due to hazardous conditions, as well as
frequent bureaucratic impediments imposed by authorities. There were
other reports of extrajudicial killings committed either by elements of
the RCD, which the RDF materially supported and in some respects often
directed, or in which direct involvement by RDF soldiers could not be
clearly established by persons who found it difficult to distinguish
between RCD and RDF forces. Some of these reports of RDF killings
surfaced in Congolese media directly or indirectly controlled by the
DRC government; however, other such reports emerged from international
religious or humanitarian organizations and were based on the accounts
of multiple witnesses. The reported extrajudicial killings of civilians
by RCD and Rwandan forces in the DRC often reportedly were committed in
reprisal for guerrilla attacks on RCD or RDF forces. The Government has
admitted that human rights abuses have occurred in territory under RDF/
RCD control, but claimed that these were acts committed by individuals,
not by the military as an institution.
There were numerous credible reports that RDF and RCD/Goma troops
burned and destroyed entire villages in the DRC, frequently killing,
torturing, or raping some of the inhabitants, especially in rural areas
of North and South Kivu and northern Maniema Province. In May RCD-Goma
troops killed more than 100 persons in retaliation for an attempted
mutiny by RCD-Goma dissidents in Kisangani, DRC. The U.N. investigation
did not find evidence of RDF involvement; however, there were numerous
unconfirmed reports that RDF forces participated in these killings.
Between January and July, RDF forces used excessive, indiscriminate
violence against civilians, particularly the ethnic Tutsi Banyamulenge,
to put down a popular revolt led by former RCD/G Commander Patrick
Masunzu in the High Plateau region of South Kivu. There were numerous
reports that RDF soldiers who arrived via the ground route burned,
destroyed, and pillaged numerous small non-Banyamulenge villages on
their way up to the High Plateau. On the High Plateau, the RDF forcibly
displaced as many as 30,000 Banyamulenge civilians and burned down more
than 90 Banyamulenge villages. RDF troops also reportedly killed,
abducted, and raped an undetermined number of Banyamulenge civilians.
At various periods, particularly from June 18 until July, the RDF
repeatedly used helicopters to attack the High Plateau region,
including areas populated by civilians. The RDF repeatedly denied
access to all international humanitarian organizations, making it
difficult to determine the number of civilians killed, injured, raped,
tortured, and displaced. The Government has not opened any inquiries
into the abuses by its troops.
The Government continued to assert that the casualties of the
December 2001 fighting between Mai Mai and RDF and RCD/Goma forces were
the result of a Mai Mai attack, rather than an RDF and RCD/Goma-staged
battle to discourage the deployment to the area of a U.N. Peace
Observation Mission in Congo (MONUC). The Government has taken no
action against any RPA soldier in connection with this incident.
There were reports that landmines continued to be used,
particularly in the eastern half of the DRC, despite agreement not to
do so in the Lusaka Accords. However, it was impossible to know which
groups laid landmines.
Unexploded ordinances that remained from the 1994 civil war caused
deaths during the year. For example, on June 4, a boy was killed and
several others were injured after the boy accidentally detonated a
grenade.
The Government provided to human rights organizations, and even
other governments, systematic replies and rebuttals to allegations of
human rights abuses. It also arrested alleged offenders from the
security services. According to the Government, soldiers continued to
be arrested and detained on charges of murder, manslaughter, or armed
robbery in the DRC prior to the October withdrawal. Others were
arrested on charges of offenses committed in the country. The Ministry
of Defense also has prosecuted alleged offenders during the year in
military trials. Despite these arrests and trials, impunity remained a
problem.
During the year, RDF Captain Peter Kabanda and other RDF soldiers
were tried and acquitted of charges of killing 67 unarmed civilians in
Masisi, North Kivu Province in 2000.
In June RDF Captain Alex Rugira, Lieutenant Stephan Gapfunsi, S/
Major Canisius Rutabana, Private Alphonse Tuyisenge, and Private Joseph
Rugiranginga were tried by military court for the 2000 killings of
Baligizu Mufungizi and other civilians near Burhinyi, South Kivu, in
the DRC. Captain Rugira and Lieutenant Gapfunsi were acquitted, while
S/Major Rutabana and Privates Tuyisenge and Rugiranginga each were
sentenced to 1 year's imprisonment.
The investigation into the 2000 killing of Assiel Kabera, an
advisor to former President Pasteur Bizimungu, by three men in military
uniform, still was ongoing at year's end. The Government denied any
involvement in the killing.
No action has been taken against the RDF officers responsible for
human rights violations in 2000 during fighting with Ugandan troops in
Kisangani. The fighting resulted in hundreds of civilian deaths, more
than 1,700 persons injured, and 60,000 displaced persons. The
Government denied that Rwandan troops committed any human rights
violations in Kisangani and claimed that civilian casualties occurred
inadvertently while the RDF was defending itself from an unprovoked
attack.
Action was taken in some of the 2000 cases involving rape and
killing by members of the RDF; however, most of the responsible parties
were neither arrested nor prosecuted.
The International Criminal Tribunal for Rwanda (ICTR), based in
Arusha, Tanzania, continued to prosecute genocide suspects (see Section
4). Seven trials were in progress at year's end: The media case against
Jean-Bosco Barayagwiza, Ferdinand Nahimana, and Hassan Ngeze; the
Butare case against former Minister of Family and Women's Affairs
Pauline Nyiramasuhuko, Arsene Shalom Ntahobali, Alphonse Nteziryayo,
Sylvain Nsabimana, Elie Ndayambaje, and Joseph Kanyabashi; the Cyangugu
case against Emmanuel Bagambiki, Samuel Imanishimwe, and Andre
Ntagerura; the Juvenal Kajelijeli case; the Jean de Dieu Kamuhanda
case, the Eliezer Niyitegaka case; and the military case against
Theoneste Bagasora, Gratien Kabiligi, Aloys Ntabakuze, and Anatole
Nsengiyumva. The trials in the Laurent Semanza case and the Kibuye case
against Elizaphan Ntakirutimana and Gerard Ntakirutimana were
completed, but verdicts have not yet been handed down. Major Francois-
Xavier Nzuwonemey, former Reconnaissance Battalion Commander; Lt.
Colonel Tharcisse Muvunyi; Bernard Ntyuahag; and Capt. Innocent
Sagahutu remained in detention. Two of the three ICTR investigators
arrested in 2001 on genocide charges were in custody awaiting trial at
year's end; the remaining investigator had been released from custody,
but was fired by the ICTR.
There were no developments in the investigation into the December
2001 shooting death of Gratien Munyarubuga, a taxi driver and member of
the outlawed Party for Democracy and Renewal (PDR), who was killed by
two of his passengers. The Government denied that the killing was
politically motivated.
There were no reports of any action taken against local defense
unit members responsible for killing civilians in 2000.
Unlike in the previous year, there were no reports that rebel
forces killed civilians in the country.
b. Disappearance.--Unlike in the previous year, there were no
reports of politically motivated disappearances within the country;
however, there were numerous credible reports that RDF forces in the
DRC seized and transferred to the country numerous Banyamulenge
prisoners following the revolt of Banyamulenge Commander Masunzu
against the RDF in late January. Several hundred RCD/Goma soldiers in
the DRC suspected of sympathizing with the revolt reportedly were
disarmed and sent to the country in May for forced ``retraining.''
There was no further information on the soldiers; many suspected they
were killed or remained in secret detention in military camps or
prisons. The Government denied that any abductions occurred.
In April and May, there were reports that the RDF arrested
Banyamulenge soldiers, including 9 senior commanders who refused to
fight against Masunzu and his followers and sent them to Kamembe
military camp in Cyangugu prefecture. The soldiers remained missing at
year's end. Government officials denied that any such arrests had
occurred.
There continued to be reports that until their withdrawal in
October, RDF troops abducted women and children from villages they
raided to perform labor, military services, and sexual services,
although it was unlikely that such abductions were sanctioned by the
Rwandan government. Many of the victims disappeared and have not been
heard from since.
Theobald Rwaka Gakwaya, a former Interior Minister and founder of
the Rwandan League for the Promotion and Defense of Human Rights
(LIPRODHOR) who disappeared in 2001, remained in self-imposed exile
abroad.
There were no developments in the 2001 disappearances of Jean de
Dieu Dufatanye or the 2000 disappearance of Ainakafota and Alexis
Ruzindara.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The fundamental law prohibits torture; however, beatings
at the time of arrest were common. There continued to be reports that
RDF troops abused civilians in the DRC. Unlike in the previous year,
detainees did not report torture.
There continued to be numerous reports that government security
forces harassed and threatened political dissidents, journalists, and
NGOs (see Sections 2.b. and 4); however, unlike in the previous year,
there were no reports that police prevented the meetings of some NGOs.
No action was taken against responsible security forces in the 2001
case of the Congolese art dealer who was arrested and tortured at
Military Intelligence Headquarters. The Government maintained that it
was unaware of the incident.
No action was taken against those responsible for attacking former
President Bizimungu in August 2001.
No action was taken against the three soldiers who harassed and
beat the wife of Vales Kwitegetse, a journalist with the Government-
controlled newspaper Imvaho, in 2000. The Government reported that it
had investigated the report and determined that it was false.
The RDF continued to dismiss soldiers for indiscipline and criminal
offenses. The RDF routinely tried military offenders in military
courts, which handed down sentences of fines, imprisonment, or both
during the year.
Unexploded ordinances that remained from the 1994 civil war caused
injuries during the year (see Section 1.a.).
During the year, there were numerous, credible reports from local
and international human rights groups that RDF forces and their RCD
allies engaged in the beating and torture of civilians in the DRC,
particularly in the High Plateau region (see Section 1.a.). There also
were numerous reports that RDF forces and their RCD allies raped women
and girls. For example, from January to March, RPA and RCD-Goma
soldiers reportedly frequently raped young girls in rural schools
throughout the territory of Fizi in South Kivu.
RDF and RCD/Goma forces reportedly imprisoned individuals in a
small metal freight container at Ndosho, outside Goma, the DRC, in
conditions that were cruel, inhuman, and degrading. According to
Amnesty International, Zelote Farini Leundo Shandwe and Elias Nguru
have been held in this container without communication with family
members or NGOs since August. Two prior detainees at Ndosho reportedly
disappeared; one was believed to have been executed and the other sent
to a detention center in the country.
No action has been taken against RDF soldiers responsible for human
rights violations in Kisangani during fighting with Ugandan troops in
2001, and the Government continued to deny that such events occurred
(see Section 1.a.). No action was taken during the year against RDF
soldiers involved in the following 2000 cases in the DRC: The rapes of
numerous women in Kisangani in May and June; and the February killings
and rapes of 30 persons in Kilambo, North Kivu Province.
Prison conditions were harsh and life threatening. The
International Committee of the Red Cross (ICRC) has registered
approximately 103,000 prisoners detained on genocide or security-
related charges and estimated that an additional 8,000 prisoners were
detained on charges unrelated to the genocide; however, the Ministry of
Justice routinely referred to the prison population as numbering
130,000. While the Government was committed to improving prison
conditions, chronic overcrowding remained a major problem. Sanitary
conditions were extremely poor, and despite continuing efforts, the
Government did not provide adequate food or medical treatment. The ICRC
provided 50 percent of the food in the 19 main prisons and also
provided additional expertise and medical, logistical, and material
support to improve conditions for inmates. Prison deaths largely were
the result of preventable diseases, suspected HIV/AIDS, or the
cumulative effects of severe overcrowding. There were an undetermined
number of deaths in prison reported during the year.
Women were detained separately from men, and more than 4,500 minors
between the ages of 14 and 18 years were incarcerated with adults
throughout the prison system. Children under 14 were not legally
responsible for their acts, and this led to the release of many
children and youths from prison, although the National Commission for
Human Rights (NCHR) reported that 108 infants and at least 15 children
were incarcerated with their mothers. Pretrial detainees generally were
separated from convicted prisoners; however, there were numerous
exceptions as a result of the large number of genocide detainees
awaiting trial. Prisoners may also be hired out to perform work at
private residences and business.
The ICRC, human rights organizations, diplomats, and journalists
had regular access to the prisons. The ICRC continued its visits to
communal jails and military-supervised jails.
Reports persisted that RCD/Goma and RDF forces used the private
residences of Rwandan or rebel military commanders for incarcerations.
Reports from former detainees indicated a pattern of beatings,
undernourishment, and deliberate killings in these houses.
d. Arbitrary Arrest, Detention, or Exile.--The fundamental law
provides legal safeguards against arbitrary arrest and detention;
however, authorities rarely observed them in practice, and security
forces continued to arrest and detain persons arbitrarily. The justice
system collapsed during the war and genocide of 1994. With help from
the international community, it was being rebuilt slowly and was
beginning to function more normally. The Government did not have the
capacity to ensure that provisions in the Constitution were enforced or
that due process protections were 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 were
disregarded widely. The law permits investigative 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 or become a threat to public safety and order.
Police arrested members of NGOs during the year (see Section 4).
In April security forces arrested former President Bizimungu and
former minister Charles Ntakarutinka and charged them with making
divisive statements against the Government, forming and recruiting for
an illegal organization, supporting armed groups against the
Government, embezzlement of public funds, circulating false documents,
and possession of an illegal firearm. Police subsequently arrested
approximately 30 other persons believed to be involved with Bizimungu's
banned PDR-Ubuyanja party. On July 12, Bizimungu, Ntakarutinka, and
others who were arrested in connection with them appeared before the
Supreme Court and appealed their detention; on July 30, the Court
rejected their appeal. On October 14, the group appeared before the
Nyamirambo Court of First Instance to appeal their charges of
``threatening national security by forming a criminal association.''
Their appeal was referred to the Court of Appeals for determination.
Many of those arrested eventually were released; however, Bizimungu,
Ntakarutinka, and several others remained in custody awaiting trial at
year's end.
The Government continued to detain members of ALIR who returned to
the country, either after being captured following armed incursions or
voluntarily turning themselves over to government authorities;
detainees were placed in a reintegration program. Ex-combatants also
returned to the country as part of the ongoing peace process between
Rwanda and the DRC. These returnees included some children. The
children generally were serving as porters for the ALIR units; few were
serving as combatants. Child soldiers were separated from the adult
combatants. Human rights groups reported that the detainees were
treated humanely. Detainees at the reeducation camp at Mutobo
frequently received visitors and sometimes were allowed to go home for
visits.
An estimated 95 percent of the approximately 111,000 individuals
presently incarcerated were awaiting trial on genocide charges. The law
permitted the continued detention of genocide suspects long enough to
allow them to face trial either in a conventional court or in the
Gacaca system (see Section 1.e.). Lengthy pretrial detention was a
serious problem. Some suspects have been in jail since 1994. The
Government does not have the capacity to process cases within a
reasonable time frame. Mobile groups, whose mandate was to establish or
complete files that indicated the basis for charges for all detainees,
continued to operate during the year. Approximately 90 percent of
prisoners in custody during the year have files; however, the vast
majority of those files were incomplete. The Government continued to
release prisoners who were elderly, ill, without files, or with
incomplete files. Rearrests because of community criticism were rare.
There were no developments in the case of Jean Mbanda, who was
arrested in 2000 allegedly for fraud and embezzlement. Mbanda, who
remained in detention, widely was regarded as a political detainee who
actually was being punished for his political views.
The Government did not use forced exile; however, some individuals
secretly left the country to live in self-imposed exile because they
believed their lives were in danger (see Section 1.b.). Unlike in the
previous year, the Government did not try anyone in absentia.
e. Denial of Fair Public Trial.--The fundamental law provides for
an independent judiciary; however, the Government did not always
respect this provision in practice. The judiciary was subject to
executive influence and also suffered from inefficiency, a lack of
resources, and some corruption. Security forces at times ignored court
decisions and have refused to release prisoners. There were occasional
reports of bribery of officials ranging from clerks to judges. The 12-
member Anti-Corruption Commission charged with fighting corruption in
the judiciary continued to make progress. It was 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. In April Commission action resulted in the
resignation of 6 Supreme Court and 4 First Instance Court judges over
charges of corruption, the dismissal of 8 district court judges, and
the transfer of 32 district court judges, mainly in Gisenyi Province.
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; however, the latter was not
known to ever have happened.
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 made it difficult for many defendants to obtain
legal representation. Unlike in the previous year, Avocats Sans
Frontieres redirected its efforts to training Gacaca judges and did not
provide defense or counsel those in need. New court officers continued
to be sworn in and assigned to courts across the country, but the
Government did not have sufficient prosecutors, judges, or courtrooms
to hold trials within a reasonable time.
Unlike in the previous year, there were no reports that the
Government tried and convicted persons in absentia.
The judiciary was focused on resolving the enormous genocide
caseload of more than 100,000 detainees (see Section 1.d.). The
Government continued with the program referred to as the Gisovu, or
pre-Gacaca, project, a release program in which detainees and prisoners
who were elderly, ill, or without files were taken to their former
villages to allow villagers to make complaints against them or to
confirm that there was no reason to detain them. Local human rights
organizations estimated that less than 10 percent of accused persons
undergoing this process during the year were released. Rearrests
because of community criticism were rare.
Gacaca courts, a grassroots participatory form of justice, were
scheduled to serve as the Government's primary judicial process for
adjudicating genocide cases. The sixth chamber of the Supreme Court and
its President, Aloysie Cyanzayire, oversaw the implementation of
Gacaca. These courts, which combined participatory justice and
reconciliation techniques exercised at the local level, began pilot
operations in designated cells during the year. The Gacaca law provides
for reduced sentences for cooperation and credit for time served;
lawyers were not permitted to participate officially in Gacaca.
Genocide-related cases were tried in the ICTR (see Section 4) and
by the Government in local courts. By year's end, approximately 7,331
persons had been judged on genocide-related charges, most following
group trials. Of the 877 cases judged this year, 33 resulted in death
sentences, 186 in life imprisonment, 381 in sentences less than life,
237 in acquittals, and 40 were fined for property crimes. The vast
majority of trials met international standards. LIPRODHOR also actively
monitored trials and interviewed released prisoners. No executions have
been carried out since 1998.
A section of the Organic Genocide Law is designed to encourage
confessions in exchange for reduced sentences for the vast majority of
those involved in the genocide. As a result of efforts by the
Government, international donors, and NGOs to advertise widely the
confession provisions, 33,000 prisoners have confessed since the law
was implemented in 1996. However, only a small number of confessions
were processed due to lengthy administrative review and hearing
proceedings 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; however, on April
19, police forcibly entered the home of former President Bizimungu,
searched the home of former Minister Ntakarutinka, and confiscated a
computer and files belonging to Ntakarutinka. Both Bizimungu and
Ntakarutinka, who were charged with spreading divisive ideas,
subsequently were arrested and remained in detention awaiting trial at
year's end.
Since 1997 more than 600,000 persons in the countryside have been
relocated to government-designated resettlement sites in compliance
with a ``villagization'' policy. Although the Government claimed that
the move to villages was voluntary, some observers believe that many
persons were compelled to move by government authorities; others may
have relocated out of fear of government security forces or insurgents.
Human Rights Watch reported that many of these individuals were forced
to move against their will to substandard housing, often with little
access to basic amenities such as water. The Government denied that
coercion occurred, but admitted it has encountered problems in the
implementation of the program. While villagization remained government
policy, the Government no longer compelled these persons to remain in
the villages; however, restrictions on where houses could be built
forced some to remain. Thousands of persons still lived in inadequate
housing not of their own choosing.
The RDF has practiced forced conscription, particularly after the
country entered the conflict in the DRC. Citizens who served in the
military could be recalled to compulsory duty at any time.
Unlike in the previous year, there were no reports that the
Government pressured prominent members of the PDR to leave the party
and renounce it publicly.
Police harassed and intimidated family members of former President
Bizimungu during the year. During April several individuals suspected
of association with Bizimungu's banned political party PDR-Ubuyanja
were arrested for privately expressing support for ex-President Pasteur
Bizimungu (see Section 1.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The fundamental law provides for
freedom of speech and of the press; however, the Government restricted
these rights in practice, and the Government harassed journalists whose
views were contrary to official views. Most journalists practiced self-
censorship due to fear of government reprisals.
Authorities arrested several individuals after they expressed
viewpoints unacceptable to the Government (see Section 1.d.).
Media sources were limited. There were several privately owned
newspapers, which publish weekly in English, French, or Kinyarwanda.
There was no daily newspaper.
In January Pierre Gakwandi, Secretary General of the Democratic
Republican Movement, was arrested on charges related to an interview
that appeared in the newspaper Le Partisan. His trial was scheduled for
March of 2003.
In May authorities arrested Ismail Mbonigaba, chief editor of the
newspaper Umuseso, for publishing an article that was disrespectful of
the President. Umuseso was detained for less than a week, and his
passport was confiscated for another 2 weeks.
On May 17, the Government arrested and subsequently deported Rwanda
Herald Chief Editor Asuman Bisiika. The Herald had been critical of the
Government on several occasions prior to Bisiika's arrest.
On July 19, Kigali security forces arrested three Umuseso
reporters, who were believed to have observed unprofessional conduct by
police responding to an altercation at a local bar. The reporters were
charged with assaulting police officers and were arrested and released;
however, all three were required to remain in their districts of
residence and to appear monthly in court. These restrictions were
lifted within a few months.
No action was taken against those responsible for harassing a
journalist working for Voice of America (VOA) in May 2001.
Journalist Vales Kwitegetse remained outside the country at year's
end.
The President refused to sign a law passed by the National Assembly
in 2001 that provided for a maximum sentence of death and a minimum
sentence of 20 years imprisonment for journalists who were convicted of
using the mass media to incite the population to commit genocide.
In November a new press law was passed that authorized private
radio and TV broadcasting, subject to the approval of the Government.
The Government owned the only national radio station and the only
television station, which in principle nominally were independent of
the Government. The television station broadcast 10 hours per day. The
Government-controlled radio station, Radio Rwanda, had a wide audience
and each Sunday broadcast a call-in program, which discussed and
debated controversial subjects; Radio Rwanda journalists were civil
servants of the National Office of Information. The British
Broadcasting Corporation broadcast on FM from Kigali in several
languages. The German broadcasting service Deutsche Welle also
broadcast from Kigali, as did the VOA.
Unlike in the previous year, no broadcast journalists were fired
for criticizing the Government.
The Government-owned telecommunication company, the Government-
supported Kigali Institute of Technology, and the National University
of Rwanda provided Internet service along with the privately owned
Media Post. In 2001 several licenses were granted to private companies
that planned to provide Internet services in the future.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The fundamental
law provides for freedom of assembly; however, authorities limited this
right in practice. They legally may require advance notice for outdoor
rallies, demonstrations, and meetings. Authorities generally prohibited
nighttime meetings, although they have relaxed this restriction for
religious groups. Unlike in the previous year, authorities did not
prevent any meetings of human rights NGOs, press conferences, or
meetings held in private homes. However, prior to former President
Bizimungu's arrest in April, government authorities restricted his
contacts with political figures and the press, and forbade him from
attending public church services.
RDF soldiers forcibly dispersed demonstrations in the DRC (see
Section 2.c.).
The Constitution provides for freedom of association; however, the
Government limited this right in practice. Private organizations were
required to register but, with few exceptions, the Government generally
granted licenses without undue delay. All unions must register with the
Government. In 2001 the Government also passed a new law making
registration of NGOs more difficult and giving the Government more
influence over the staff, budget, and committee membership of NGOs (see
Section 2.c.).
Individuals suspected of association with former President
Bizimungu's banned political party PDR-Ubuyanja were subject to arrest
in April (see Section 1.d.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, while the Government generally respected this right
in practice, it imposed some restrictions.
In 2001 the Government promulgated a law that increases government
influence over NGOs and requires all nonprofit organizations, including
churches and religious organizations, to register with the Ministry of
Justice to acquire the status of ``legal entity.'' All religious groups
reportedly met the April 1 deadline for filing registration
applications, and many groups were granted status as legal entities by
year's end. Other groups experienced delays because of government
security procedures, such as criminal background checks of group
leaders, or because they were unable to provide required documentation,
such as asset statements, financial reports, and constitutions.
Ministry of Justice officials worked to resolve these issues with
representatives of the religious groups. At year's end, no application
had been denied, and no group's religious activities had been curtailed
as a result of difficulties or delays in the registration process.
In February government authorities forbade former President
Bizimungu from attending public church services; authorities charged
that Bizimungu's presence would be ``divisive.''
In April the Prefect of Kibungo Province attempted to reimpose
restrictions on the rights of members of Jehovah's Witnesses to
assemble and worship and announced a ban on the construction of
``Kingdom Halls,'' the group's places of worship. The restrictions
subsequently were lifted after the group petitioned the national
government; however, in July the Prefect of Kibungo again announced
restrictions on the Jehovah's Witnesses' right of assembly and worship.
These restrictions had not been imposed by year's end.
During April and May, local officials detained members of Jehovah's
Witnesses, primarily for refusing to participate in nightly security
patrols. Delegations of Jehovah's Witnesses who intervened with local
or national authorities generally were able to secure the release of
those arrested, who typically were detained from 2 days to 2 weeks;
however, two persons remained in detention at year's end. Local school
authorities also suspended students for refusing to salute the flag or
to sing the national anthem.
The Government continued to watch closely for the development of
cult churches after the doomsday cult deaths in Uganda in 2000.
Approximately 12 members of the Mouvement Sacerdotal Marial, which
authorities charged was an ``unhealthy and antisocial cult'' with ties
to the cult in Uganda, remained in detention at year's end.
Prior to the Rwandan withdrawal from the DRC in October, reports
continued to surface that RDF troops joined RCD rebels in targeting
Catholic clergy for abuse. Abuses reportedly took the form of arbitrary
killings, arrests, and disappearances of pastors, priests, and
laypersons; public threats against the lives of religious leaders;
pillaging and destruction of church property; and the use of armed
soldiers to disperse forcibly religious services. For example, on April
12, in Bukavu, DRC, RDF and RCD-Goma soldiers surrounded the
congregations of several Catholic churches and forcibly dispersed and
beat parishioners.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government at times did not respect them in
practice. Citizens must show identification when requested. Citizens
must obtain a new national identity card when making a permanent move
to a new district, and these new cards were issued routinely.
In May government authorities confiscated the passport of Umuseso
chief editor Ismail Mbonigaba and prevented his travel to Bujumbura for
a meeting. The passport was returned after 2 weeks (see Section 2.a.).
The law does not provide for the 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 Constitution recognizes
the right to asylum ``under conditions determined by law''; however,
there is no law in place to recognize refugees. The Government
cooperated with the office of the U.N. High Commissioner for Refugees
(UNHCR) and provided first asylum to approximately 31,500 persons. The
vast majority were Congolese refugees who fled their country during the
unrest of 1996. There were reports of the forced return of persons to a
country where they feared persecution. From August to October, the
Government repatriated between approximately 10,000 refugees to the
DRC. While many left the country voluntarily, many others were forcibly
repatriated to inadequate camps and to unsafe areas within the DRC.
Since October more than 3,500 of such refugees returned to the refugee
camps in the country to escape the harsh conditions in the DRC. Even
after authorities discontinued the forced repatriations, the Government
continued to harass those who chose to stay and drastically reduced
services to the camps.
By year's end, more than 45,000 Rwandan refugees remained in the
DRC, Uganda, Burundi, Malawi, Zambia, Angola, Republic of the Congo,
Cameroon, Central African Republic, Togo, and Benin; however, many
refugees have returned to the country. According to the UNHCR, 13,837
Rwandan citizens returned to the country from the DRC during the first
9 months of the year. Another 24,000 Rwandan refugees were voluntarily
repatriated from Tanzania. The Government made a concerted effort
during the year to encourage repatriation of Rwandan refugees
throughout the region, particularly in Tanzania. Several thousand
Rwandan refugees in Tanzania, fearing forced return, fled to camps in
Uganda and Malawi during the year.
More than 750 Hutu former combatants and accompanying family
members were repatriated to the country as part of an effort to
demobilize, repatriate, and reintegrate Rwandan rebels in the DRC.
There were approximately 31,500 refugees in Rwanda, including
28,250 from the DRC, 500 from Burundi, and 2,750 from other countries.
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 RPF was 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
opposition parties into the Government after its military victory in
1994, but none of the officials was elected.
Political parties agreed to suspend political activities for a
period of 5 years, during which time the transition to elected
government was to have been completed. This 5-year period was scheduled
to end in 1999; however, the Government announced in June 1999 the
extension of the transition period by 4 additional years. The
announcement did not mention political party activities, but the
parties continued to observe the suspension. Some political parties
alleged that the RDF actively promoted itself regionally and at the
sector levels, while prohibiting other political parties from doing the
same. While there was no law specifically preventing the formation of
political parties, in 2001 the Government prevented former President
Bizimungu from forming the PDR-Ubuyanja party. Members of the party
were arrested, and several, including Bizimungu, remained in custody at
year's end (see Sections 1.d. and 2.b.).
A National Assembly was functioning, with nine political entities
represented, including the RDF. The political bureaus or executive
committees of their respective parties chose assembly members, known as
deputies. The ``Political Forum,'' an informal grouping of senior
members of each of the political parties represented in the National
Assembly, has dismissed deputies for misconduct, alleged corruption, or
incompetence. The parliamentary commissions of inquiry investigated
allegations of corruption and other alleged misdeeds of ministers and
deputies. Some of these inquiries have resulted in the sanctioning and
resignation of ministers.
In March 2001, the country held its first secret-ballot elections
to elect council members at the district level; more than 90 percent of
eligible voters participated in what international observers deemed to
be generally free and fair elections. However, a March report by Human
Rights Watch indicated that in 45 percent of the contests only 1
candidate ran for office, some potential candidates withdrew after
being threatened, and some voters cast their ballots out of fear of
reprisal. This fear was based on historical experience; however, there
were no reports of reprisals following the March elections. Political
parties did not participate in this election. The central government
continued to appoint officials at the regional and national levels.
The National Unity and Reconciliation Commission, charged with
educating the public on such issues as ethnic understanding, peace
building, history, and civics, was active. In November the Legal and
Constitutional Commission completed a draft constitution, which was
being modified at year's end. Once completed, the constitution will be
presented to the Presidential cabinet and submitted to the National
Assembly for debate. A constitutional referendum was scheduled for May
2003.
There were no laws that restrict the participation of women in the
political process. Women held 5 of the 26 ministerial positions in the
Government and 16 of the 74 seats in the National Assembly.
There were no laws that restricted the participation of minorities
in government and politics (see Section 5).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
operated in the country, investigating and publishing their findings,
but none of the domestic organizations had the resources to conduct
extensive human rights monitoring. In 2001 the Government passed a law
making registration of NGOs more difficult and giving the Government
more influence over the staff, budget, and committee membership of
NGOs.
Local NGO activities often were limited to receiving and compiling
reports from citizens about human rights abuses and conducting selected
investigations. Reports were published occasionally; statements
criticizing specific incidents are more common. Only one or two local
human rights NGOs were viewed as strictly impartial. Unlike in the
previous year, the Government did not threaten LIPRODHOR. There also
were no reports of the forcible dispersal or prevention of NGO meetings
during the year.
In January police in Butare arrested three members of a local NGO
for publishing a newsletter calling for national reconciliation;
authorities charged that the newsletter was an incitement to hatred.
One of the persons arrested was released within hours of the arrest;
the other two were detained for 1 month, after which they were released
when a court determined that the charges were unsubstantiated. All
three persons remained under government surveillance, and the NGO was
not allowed to operate.
The Government criticized the reports by some international human
rights NGOs and was particularly hostile towards those whose reporting
was perceived as biased and inaccurate. The Government provided to
human rights organizations, and even other governments, systematic
replies and rebuttals to allegations of human rights abuses. The ICRC
operated normally and was active in visiting prisons.
On December 9, the Government declared persona non grata the deputy
head of the local UNHCR office, who had criticized the Government's
refugee policy.
The ICTR continued to prosecute genocide suspects during the year,
but at a slow pace. No verdicts were handed down this year although two
trials were completed and were awaiting verdicts. Since 1994 the ICTR
has delivered verdicts on only nine persons. Credible reports indicated
that the ICTR continued to face serious problems, including poor
management, incompetence, and corruption. The authorities sporadically
prevented witnesses from attending and giving testimony at the ICTR,
which delayed the judicial process. Relations and cooperation between
the Government and the ICTR worsened considerably over the year,
particularly after it became known that the Tribunal was investigating
RDF crimes committed in 1994. In June survivor's organizations
suspended cooperation and advised their members not to testify in
Arusha. These actions were due to perceived mistreatment of witnesses
and continuing reports that the ICTR tolerated the presence of
suspected genocidaires within some of the defense teams.
The Governments of Mali, Benin, and Swaziland have agreements with
the ICTR to accept convicted prisoners. Six convicted genocidaires were
serving their sentences in Mali: former Prime Minister Jean Kambanda,
Jean Paul Akayesu, Alfred Musema, and Clement Kayishema, all of whom
were sentenced to life in prison; Obed Ruzindana, who was sentenced to
25 years; and Omar Serushago, who was sentenced to 15 years. The
Government of Italy has agreed to house Georges Riuggiu, the only non-
Rwandan in ICTR custody; however, the agreement was not implemented by
year's end.
The NCHR hosted several human rights seminars and training sessions
during the year. The Government generally allowed the Commission to
operate independently and without undue influence. The NCHR intervened
on behalf of several prisoners over the year.
Section 5. Discrimination Based on Race, Sex, 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 and the
Government generally enforced these provisions; however, problems
remained.
Women.--Domestic violence against women was common. Wife beating
and domestic violence occurred frequently. Cases normally were handled
within the context of the extended family and rarely came before the
courts. When the Government did become involved, such as in cases
involving serious injury, the courts took such incidents seriously.
Numerous suspects have been tried and convicted for crimes of violence
against women and girls. During the year, numerous rape trials resulted
in convictions with the maximum sentences for perpetrators.
Prosecutions for rape continued during the year; those convicted
generally received sentences of from 20 to 30 years' imprisonment.
Women continued to face societal discrimination. Women
traditionally performed most of the subsistence farming. Since the 1994
genocide, which left numerous women as heads of households, women have
assumed a larger role in the modern sector, and many run their own
businesses. Nevertheless, women continued to have limited opportunities
for education, employment, and promotion. Government efforts to expand
opportunities for women included the sponsorship of scholarships for
girls in primary and secondary school, the provision of loans to rural
women, and a Ministry of Gender program to train government officials
and NGOs in methods to increase the role of women in the workforce. The
1992 Family Code generally improved the legal position of women in
matters relating to marriage, divorce, and child custody. The law
allows women to inherit property from their fathers and husbands and
allows couples to choose the legal property arrangements they wish to
adopt.
The Ministry of Gender and Women in Development was charged with
handling problems of particular concern to women. The Minister was an
active advocate of women's rights. A number of women's groups were
extremely active in promoting women's concerns, particularly those
faced by widows, orphaned girls, and households headed by children.
Children.--The Government was committed to children's rights and
welfare, and it attempted to provide education and health care to every
child. Children headed at least 85,000 households. The Government
worked closely with international NGOs to secure assistance for
children who were heads of households, and sensitized local officials
to the needs of children in such situations. More than 98 percent of
the children who were separated from or lost their parents during the
1994 genocide and subsequent repatriations have been reunited with
family members or placed in foster homes. Approximately 30,000 children
live abroad, and the Government claims most were taken without the
consent of their parents during the genocide. Many of the children
abroad have been adopted. The Government did not reiterate its request
during the year that the 41 children adopted in Italy be repatriated.
All families must pay school fees to enroll a child; however,
school fees routinely are waived for orphans. Public schools lacked
essential and basic supplies and could not accommodate all children of
primary school age. A UNICEF study reported that 400,000 school-age
children were unable to go to school in 1999. Private schools often
were too distant or too expensive to serve as an alternative for many
children. Entry to secondary school was by examination. According to a
1996 study conducted by the Government and the U.N. Population Fund,
59.6 percent of the population age 6 and over had primary education,
but only 48 percent of the population as a whole was literate; 52
percent of men were literate compared to 45 percent of women. Only 3.9
percent of citizens had completed secondary school, and only 0.2
percent had a university education.
Although the Penal Code prohibits the imprisonment of children with
adults, the NCHR reported that at least 15 children, and 108 infants,
were incarcerated with their mothers (see Section 1.c.). In 1999 the
ICRC reported that approximately 570 children who were under the age of
14 at the time of their arrests were incarcerated on genocide-related
charges. Although the Government was making efforts to release them, an
undetermined number of children under the age of 14 still were
incarcerated on genocide-related charges at year's end.
There were approximately 7,000 street children in the country,
according to UNICEF. During the year, local authorities continued to
periodically round up street children and place them in foster homes.
Many children also have forcibly been placed in the Center run by the
Ministry of Local government at Gitagata. The Center, which has a
capacity of 400 to 500, has held up to 1,000 children. Police and local
defense forces provided security; however, escapes occurred regularly,
and an adolescent reportedly was shot in the leg while trying to
escape. The children were not effectively segregated by age or by
gender, and many were at risk of physical and sexual abuse. The 20 to
25 girls in the camp especially were vulnerable, and there were reports
of sexual abuse by peers, Center staff, and security forces. The
Government was working with local NGOs at year's end to provide an
alternative program for street children.
Unlike in the previous year, there were no reports that some street
children joined the RDF to perform nonmilitary duties.
Until the RDF withdrawal from the DRC in October, there continued
to be reports that Rwandan and RCD rebel troops abducted young women
from the villages they raided.
Persons with Disabilities.--Although there are no laws restricting
persons with disabilities from employment, education, or other state
services, in practice few persons with disabilities had access to
education or employment. There is no law mandating access to public
facilities.
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 were not clearly distinct
groups, since the two have intermarried for generations. The 1994 mass
killings and migrations probably affected the ethnic composition of the
population, but the extent and nature of the changes were unknown.
With the removal of ethnic labels from identification cards, the
Batwa no longer were designated officially as an ethnic group. Less
than 1 percent of the population is considered Batwa. The Batwa,
survivors of the Twa (pygmy) tribes of the mountainous forest areas
bordering the DRC, exist on the margins of society and continued to be
treated as inferior citizens by both the Hutu and Tutsi groups. There
were seven Batwa organizations focused on the protection of their
interests, access to land, housing, education, and eradication of
discrimination against them; however, they generally were unable to
protect their interests. Few Batwa have been educated formally,
resulting in minimal representation in government institutions. There
was one Batwa on the NCHR.
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
of a Hutu-dominated government and in large part implemented by Hutu-
dominated armed forces called the ex-FAR and Interahamwe militia. That
genocide ended later the same year when a predominately Tutsi militia,
operating out of Uganda and occupied Rwandan territory, overthrew that
government and established the current government. Since 1994 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. On February 1, a law prohibiting
racial and ethnic discrimination came into effect. The Government has
not addressed statutorily the problem of ethnic quotas in education,
training, and government employment, but discrimination against the
Tutsi minority in these areas effectively ceased with the change of
government in 1994. Some organizations and individuals accused the
Government of favoring Tutsis, particularly English-speaking Tutsis, in
government employment, admission to professional schooling, recruitment
into or promotion within the army, and other matters, a charge the
Government denied.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides the right
to create professional associations and labor unions, and the
Government generally respected this right in practice. The labor
movement was hampered in practice because of the massive disruptions
caused by the 1994 genocide. Unions continued to regroup and assert
themselves.
Union membership was voluntary and open to all salaried workers,
including public sector employees. Organized labor represented only a
small part of the work force. More than 90 percent of workers were
engaged in small scale subsistence farming. Approximately 7 percent of
the workforce worked in the modern (wage) sector, and approximately 75
percent of those active in the modern sector were union members.
There were no restrictions on the right of association, but all
unions must register with the Ministry of Justice for official
recognition. There were no known cases in which the Government has
denied recognition. The law prohibits unions from having political
affiliations, but in practice this was not always respected.
Participation in unauthorized demonstrations could result in employee
dismissal, nonpayment of wages, and civil action against the union;
however, authorization was not required for union meetings.
There were 27 registered unions under 2 umbrella groups: 17 were
under the Central Union of Rwandan Workers (CESTRAR), and 10 were under
the National Council of Free Unions in Rwanda (COSYLI).
The law prohibits antiunion discrimination, but no formal
mechanisms existed to resolve complaints involving discrimination
against unions. Union activists have complained that some employers
threatened to fire employees who attempted to join a union.
Labor organizations may affiliate with international labor bodies.
The CESTRAR was affiliated with the Organization of Africa Trade Union
Unity and the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
protects workers from employer interference in their right to organize
and administer unions; however, the law does not include agricultural
workers in this provision. The Constitution provides for collective
bargaining, although only the CESTRAR has an established collective
bargaining agreement with the Government. In practice the Government
was involved intimately in the collective bargaining process since most
union members were in the public sector (see Section 6.e.).
The Constitution provides for the right to strike, except for
public service workers and workers in essential services. A union's
executive committee must approve any strike, and the union must first
try to resolve its differences with management according to steps
prescribed by the Ministry of Public Service and Labor. There were no
demonstrations by union members during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor; however, prisoners were assigned to work details,
which generally involve rebuilding houses, clearing land, or other
public maintenance duties. Prisoners also may be hired out to perform
work at private residences and businesses. It was unclear how much pay
the prisoners were given in return for their work.
There continued to be reports that the Rwandan army forced Rwandan
prisoners and Congolese civilians, including children, to mine coltan
in the Provinces of South Kivu and Maniema, especially in the areas of
Kalemie and Kalima.
The law does not prohibit specifically forced and bonded labor by
children; however, there were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Except for subsistence agriculture, which occupies
approximately 90 percent of the workforce, the law prohibits children
under the age of 18 from working without their parents' or guardians'
permission, and they generally cannot work at night. The minimum age
for full-time employment was 18 years, and 14 years for
apprenticeships, provided that the child has completed primary school.
The Ministry of Public Service and Labor and the Ministry of Local
government did not enforce child labor laws effectively, in part due to
the large number of households headed by children. It was rare to see
child labor outside the agricultural sector.
e. Acceptable Conditions of Work.--The Ministry of Public Service
and Labor set minimum wages in the small modern sector. The Government,
the main employer, effectively set most other wage rates as well. There
is no single minimum wage; minimum wages varied according to the nature
of the job. The minimum wages paid were insufficient to meet the basic
needs of a worker and family, and in practice, workers accepted less
than the minimum wage. Often families supplemented their incomes by
working in small business or subsistence agriculture.
Officially, government offices and private sector entities have a
40-hour workweek; the maximum workweek was 45 hours. There was no
mandated rest period. The law controls hours of work and occupational
health and safety standards in the modern wage sector, but inspectors
from the Ministry of Public Service did not enforce these standards
aggressively. Workers do not have the right to remove themselves from
dangerous work situations without jeopardizing their jobs.
The law provides for equal protection of foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports of trafficking in persons. Women
reportedly were trafficked from Rwanda to South Africa during the year.
There were reports that the Rwandan army continued to force
prisoners and civilians to mine coltan in the DRC (see Section 6.c.).
There continued to be reports that RDF troops abducted women and
children from villages they raided to perform labor, military services,
and sexual services (see Section 1.b.).
----------
SAO TOME & 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. In December 2001, President Fradique de Menezes dissolved
the 55-member National Assembly and called for new elections. In a
March election deemed free and fair by international observers, the
Movement for the Liberation of Sao Tome and Principe-Social Democratic
Party (MLSTP) won 24 seats, the Movement for the Democratic Force of
Change (MDFM) coalition took 23 seats, and the Ue-Kedadji coalition won
8 seats. On March 26, the MDFM's Gabriel Arcanjo Ferreira da Costa was
named Prime Minister, and 2 days later he formed a 13-member coalition
government. On September 27, President Menezes dismissed Costa and his
government. On October 6, a new 13-member coalition government was
formed under Maria das Neves, the country's first female head of
government. The judiciary was generally independent; however, it was
subject at times to influence and manipulation.
The Minister of National Defense and Interior supervised and
effectively controlled the military services and the police. Many
members of the military were part-time farmers or fishermen. The
Government and international donors continued to dedicate resources to
improving soldiers' living conditions. No defense expenditures were
used for lethal weapons since the advent of multiparty democracy in
1990.
The mainstay of the economy was the export of a single product,
cocoa, produced on formerly state-run plantations. According to the
2002 census, the country had a population of 137,500. The Government
privatized all of the state-held land, but it had limited success in
privatizing state-owned enterprises. The Government was somewhat
successful in its efforts at structural adjustment. The country
remained highly dependent on foreign aid. Although difficult to
quantify, unemployment remained high.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. The principal
human rights problems continued to be harsh prison conditions, an
inefficient judicial system, violence and discrimination against women,
child labor, and outdated plantation labor practices that limit worker
rights. Sao Tome and Principe was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There was one report
of a possible arbitrary or unlawful deprivation of life by the
Government or its agents. On October 29, police arrested 24-year-old
Ineas Cravid for the alleged rape of a 13-year-old girl. After 2 hours
in custody, police took Cravid to the National Hospital where he was
declared dead. An autopsy determined that he died of poisoning. In
response to public pressure, the Government requested a Portuguese
physician to perform a second autopsy, which confirmed he had died of
poisoning. However, there were growing doubts about police conduct:
Reportedly a senior police official, who may have filed the original
complaint, was a close relative of the alleged rape victim; Cravid
reportedly told police that he intended to marry the girl; and after
his death, the girl told the media that he had not molested her. At
year's end, the Portuguese specialist was performing further tests to
determine what toxins were present in Cravid's body.
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 government officials employed them.
Prison conditions were harsh but not life threatening. Facilities
were overcrowded, and food was inadequate. Women and men were held
separately, and juveniles were separated from adults.
Human rights monitors were not known to have requested permission
to make prison visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Forced exile was not used.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the judicial system at times was
subject to political influence or manipulation. In previous years, the
judiciary returned verdicts against both the President and the
Government. The Government has important powers relating to the
judiciary, including setting salaries for judges and all ministerial
employees in accordance with standard government salary guidelines.
Government salaries were extremely low, and the authorities were
concerned that judges may be tempted to accept bribes (see Section
6.e.).
The legal system was based on a Portuguese model. The court system
had two levels: Circuit courts and the Supreme Court. The Supreme Court
was the appellate court of last resort.
The Constitution provides for the right to fair public trial, the
right of appeal, and the right to legal representation. However, in
practice the judicial infrastructure suffered from severe budgetary
constraints, inadequate facilities, and a shortage of trained judges
and lawyers, which caused delays from 3 to 9 months in bringing cases
to court and greatly hindered investigations in criminal cases.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. The
judicial police were 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 speech and of the press, and the Government generally
respected these rights in practice. Two government-run and six
independent newspapers and newsletters were published sporadically,
usually on a monthly or bimonthly basis.
Television and radio were state operated. While there were no
independent local stations, no laws forbade them. The Voice of America,
Radio International Portugal, and Radio France International were
rebroadcast locally. The law grants all opposition parties access to
the state-run media, including a minimum of 3 minutes per month on
television.
All parties freely distributed newsletters and press releases
stating their views and criticizing the Government, the President, and
one another.
The Government did not restrict access to or the use of e-mail, the
Internet, or satellite telephones. However, the only domestic Internet
service provider was a joint venture in which the Government's Post and
Telecommunications Office was a partner. The cost of Internet access
remained high; consequently, access remained limited in practice.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. The Government required
that requests for authorization for large-scale events be filed 48
hours in advance, but it generally granted the appropriate permits.
c. Freedom of Religion.--The Constitution provides for religious
freedom, and the Government generally respected this right in practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The law does not provide specifically for the granting of asylum or
refugee status in accordance with the 1951 U.N. Convention Regarding
the Status of Refugees and its 1967 Protocol. However, the authorities
traditionally welcomed those seeking refuge or asylum. 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 citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. 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. In December 2001,
President Fradique de Menezes dissolved the 55-member National Assembly
and called for new elections. In a March election deemed free and fair
by international observers, the Movement for the Liberation of Sao Tome
and Principe-Social Democratic Party (MLSTP) won 24 seats, the Movement
for the Democratic Force of Change (MDFM) coalition took 23 seats, and
the Ue-Kedadji coalition won eight. On March 26, the MDFM's Gabriel
Arcanjo Ferreira da Costa was named Prime Minister, and 2 days later he
formed a 13-member coalition government. On September 27, President
Menezes dismissed Costa and his government. A new 13-member coalition
government was formed on October 6 under Maria das Neves, the country's
first female head of government.
There were 5 women in the 55-seat National Assembly, and, at year's
end, women held 5 of 13 seats in the Cabinet. The Prime Minister and
the President of the 3-member Supreme Court were women.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A small number of domestic human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were generally
cooperative and responsive to their views. During the year, there were
no known requests by international human rights groups to visit the
country.
Section 5. Discrimination Based on Race, Sex, 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 enforced
actively these provisions.
Women.--While the extent of the problem was unknown, medical
professionals report that domestic violence against women occurred,
including rape. They also reported that although women have the right
to legal recourse--including against spouses--many were reluctant to
bring legal action or were ignorant of their rights under the law.
Traditional beliefs and practices also inhibited 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 left women with much of the hard work in agriculture, with most
child-rearing responsibilities, and with less access to education and
to professions.
Children.--A number of government- and donor-funded programs were
established to improve conditions for children, notably an ongoing
malaria control project and purchase of school and medical equipment.
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 was not widespread; however, there were few
social protections for orphans and abandoned children.
Education was free to the age of 14 and universal; there were no
differences between the treatment of girls and boys in regard to
education. Education was compulsory through the sixth grade; however,
education after the sixth grade or the age of 14, whichever came first,
was not free.
Persons with Disabilities.--The law does not mandate access to
buildings, transportation, or services for persons with disabilities.
There were no reports of discrimination against persons with
disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association. Few unions existed in the very small modern wage
sector. The two major unions were the General Union of Workers and the
National Organization of Workers of Sao Tome and Principe. Independent
cooperatives took advantage of the Government's land distribution
program to attract workers and in many cases to improve production and
incomes significantly. Public sector employees still made up the great
majority of wage earners.
There were no laws prohibiting antiunion discrimination; however,
there were no reports of antiunion discrimination.
There were no restrictions against trade unions joining federations
or affiliating with international bodies, but none have done so.
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 remained the key interlocutor for labor on
all matters, including wages.
The Constitution provides for the freedom to strike, even by
government employees and other essential workers. In July the State
Workers Union (STE) staged a 2-day public sector general strike to
demand a minimum salary increase. Although the STE publicly refused the
Government's proposal of a 30 percent ($8 or 70,000 dobras) minimum
wage increase, the strike ended peacefully after the Government and
union officials reached an undisclosed agreement. There were no laws or
regulations that prohibit employers from retaliating against strikers;
however, there were no reports of retaliation following strikes.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Employers in the modern wage sector generally respected
the legally mandated minimum employment age of 14 years or 18 years for
dangerous jobs or those requiring heavy manual labor. The law prohibits
minors from working more than 7 hours a day and 35 hours a week.
Children were engaged in labor in subsistence agriculture, on
plantations, and in informal commerce, sometimes from an early age.
Although no cases of child labor abuses have been prosecuted, the law
states that employers can be fined for employing underage workers.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--Working conditions on many of
the cocoa plantations--the largest wage employment sector--were
extremely hard. The legal minimum wage was $16.50 (150,000 dobras) per
month, with an additional stipend of $2.20 (20,000 dobras) for civil
servants. The average salary for plantation workers did not provide a
decent standard of living for a worker and family, and the real value
of their pay was eroded constantly by high rates of inflation. In
principle workers and their families were 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 were intended to subsidize
food and clothing. However, corruption was widespread, and
international lending institutions have criticized the Government for
ineffective administration of these subsidies. Workers often were
forced to pay higher prices on the open market to obtain the goods
theoretically provided at a discount as part of their compensation.
During the 1990s, the Government, with foreign donor assistance,
privatized or redistributed the land in many state-run plantations in
an effort to improve work, pay, and living conditions. While the
program redistributed some land, not all of the newly privatized
plantations were successful, particularly because the world price for
cocoa dropped.
As a result of a 1999 salary increase for some civil servants,
(such as those working in the court system, Finance Ministry, Customs,
Education Ministry, and Criminal Investigation Police) government
workers in these departments earned up to 400 percent more than their
counterparts in the rest of the public sector.
The legal workweek was 40 hours, with 48 consecutive hours mandated
for a rest period, a norm respected in the modern wage sector. The law
prescribes basic occupational health and safety standards. Inspectors
from the Ministry of Justice and Labor were responsible for enforcement
of these standards, but their efforts were ineffective. Employees had
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 to,
from, or within the country.
__________
SENEGAL
Senegal is a moderately decentralized republic dominated by a
strong presidency. In March 2000, opposition leader Abdoulaye Wade,
backed by a coalition of opposition parties, became president in an
election viewed as both free and fair, albeit marred by reports of
sporadic preelection violence and minor procedural irregularities. The
post-election transition period was free from violence and
characterized by good conduct on the part of all candidates. In a
January 2001 referendum, 94 percent of voters accepted the new
Constitution, which abolished the Senate, a body that had no directly
elected members. On April 29, 2001, President Wade's Sopi (Change)
coalition, composed of the Senegalese Democratic Party (PDS) and its
allies, won 49.6 percent of the votes cast and gained 89 of 120 seats
in the National Assembly elections, which also were unmarked by
violence and judged to be free and fair. In transparent and orderly
local elections held May 12, President Wade's coalition gained control
of the majority of rural, regional, and city councils. The Government
continued to implement decentralized regional and local
administrations. Occasional fighting continued in the Casamance area in
the southern part of the country between the Government and the
secessionist Movement of Democratic Forces of the Casamance (MFDC). In
March 2001, the Government and the MFDC signed two peace agreements
designed to end the 20-year insurgency; however, these agreements
proved ineffective and fighting continued. In August the Government
agreed to hold new peace talks with the two principal rival leaders of
the MFDC, and President Wade met with the two MFDC leaders that month.
The Constitution provides for an independent judiciary; however, it was
subject to government influence and pressure in practice.
The armed forces were professional and generally disciplined. They
traditionally remain aloof from politics and were under civilian
control. The paramilitary gendarmerie and the police were less
professional and less disciplined. Some members of the security forces
committed serious human rights abuses.
The country is predominantly agricultural with about 70 percent of
the labor force engaged in farming. In 2000 the population was
estimated at 9.5 million, 31 percent of which was urban and 69 percent
rural. Gross domestic product (GDP) per capita was estimated at about
$500, but this excluded the 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. GDP per capita grew at an average rate of
approximately 5 percent per year since 1995. Exports account for about
one-third of the GDP. The Government continued to receive external
assistance from international financial institutions and other sources,
and such assistance represents approximately 32 percent of the national
budget. Annual remittances from abroad represented between 3 and 4
percent of GDP.
The Government generally respected the rights of its citizens;
however, there were problems in some areas. Government forces
reportedly were responsible for extrajudicial killings in the troubled
Casamance region, including some civilian deaths. Several
disappearances from previous years remained unsolved. Police at times
tortured and beat suspects during questioning and arbitrarily arrested
and detained persons. Prison conditions were poor. The Government often
did not try or punish members of the military, gendarmerie, or police
for human rights abuses, and there was little public accountability.
Human rights advocates and nongovernmental organizations (NGOs)
continued to report a decrease in arbitrary arrests and disappearances
in connection with the Casamance insurgency. Lengthy pretrial detention
largely due to an overburdened judiciary was a problem. The judiciary
was subject to government influence and pressure, and it suffered from
low salaries and insufficient resources. On at least one occasion the
Government limited freedom of speech and of the press. Unlike in the
previous year, there were no reports that the Government limited
freedom of assembly. Domestic violence and discrimination against
women, female genital mutilation (FGM), and child labor remained
problems. There were reports of trafficking in persons. Unlike in
previous years, mob violence was not a problem. Senegal was invited by
the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
There were reports that rebel MFDC forces committed killings,
torture, and rape.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings by government officials;
however, government forces reportedly were responsible for
extrajudicial killings, including some civilian deaths.
Numerous rebel incursions and armed robberies occurred in the
Casamance region during the year, and the incidence of violence
increased between early May and mid-July when government security
forces initiated military sweeps against the rebel movement. On June
24, 20 civilians were caught in the line of fire and killed as they
tried to flee to The Gambia.
During the year, the press continued to report on frequent small
arms attacks, raids, ambushes, and clashes between suspected MFDC
gunmen and military forces. There were military and civilian
fatalities.
On October 23, near the village of Badioure a government soldier
shot and killed a civilian passenger in a vehicle whose driver
reportedly refused to stop at a roadblock. The soldier was relieved of
duty at that post, and an investigation was reportedly opened into the
incident. There was no further information by year's end.
On August 7, a government soldier was killed when the vehicle in
which he was driving set off a landmine. The incident occurred in the
village of Kandiadiou, near Ziguinchor.
In January 2001, police shot and killed one student while forcibly
dispersing a demonstration at the University of Dakar; the Government
appointed a commission to investigate, and a police officer
subsequently was arrested and was in detention awaiting trial at year's
end (see Section 2.b.).
There was no action, nor was any likely, in the following 2000
cases of alleged killings by government security forces: The January
killing of Momany Tendang and the March killing of Daniel Sambou and
Denis Sambou.
Throughout the year, MFDC gunmen or suspected MFDC gunmen committed
numerous killings. For example, in March suspected MFDC insurgents
attacked a group of civilian vehicles 4 kilometers from the town of
Diouloulou, near the Gambian border in the Bignona region of the
Casamance and killed seven civilians and wounded four. In a government
military sweep following this attack, the military killed several
suspected MFDC insurgents, although exact figures were not available.
In October suspected MFDC gunmen opened fire on a taxi in Diabang
killing three civilian passengers.
Unlike in previous years, vigilante groups and mobs did not lynch
suspected thieves.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year; however, there remained several
unsolved cases of disappearance from previous years.
According to Amnesty International, on April 2, 2000, Moise Diatta,
a hotel employee in the Cap Skirring area of Ziguinchor region, was
arrested at his house by government security forces and has not been
seen since. According to Amnesty, his wife was called in by a
Ziguinchor examining magistrate in June 2001 and interrogated about her
missing husband's activities during the tourism off-season. There were
no reports of further government action on this case.
Amnesty also reported that during the night of March 29, 2000
residents near the Ziguinchor military camp Joher heard cries from
Antoine Nyafouna, a resident of the town of Caleane, near Nyassia, who
was apparently being beaten by security forces. Nyafouna has not been
seen since. There have been no reports of progress in the Government
investigation.
Amnesty also reported that Ziguinchor resident Ephreme Diatta was
last seen in the custody of security forces at the Gendarmerie in
Cabrousse in April 2000, and has not been seen since. There were no
reports of a government investigation into this case.
According to Amnesty International, in March 2000, government
security forces in Kabrousee arrested Jean Dacougna, a 40-year-old man
with mental disabilities. The man remained unaccounted for and there
were no reports of a government investigation into this case.
In September 1999, a group of Casamance professionals helped family
members of two missing persons, Alexis Etienne Diatta and Jean Diandy,
file legal complaints against security forces for abduction. The
families of both Diatta and Diandy had reported the disappearances in
August 1998 to civilian authorities, who were unsuccessful in finding
either person. In response to inquiries by Amnesty, the Government
reportedly stated that the Diandy case was closed due to lack of
evidence in November 2000. According to Amnesty, Diandy's family had
not been informed of this decision. The Government reportedly delegated
the case to the criminal police in February 2000; however there were no
reports of progress in the case.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such treatment; however, there
were credible reports that police and gendarmes often beat suspects
during questioning and pretrial detention, and the problem remained a
serious public concern.
According to the domestic human rights organization, Rencontre
Africain des Droits de l'Homme (RADDHO), on May 2, police officers in
the Dakar suburban police station of Guediawaye, beat severely 41-year-
old Alioune Sow.
In December police reportedly beat a television cameraman during a
demonstration (see Section 2.b.).
Amnesty International reported that in December 2000, 26-year-old
Raoul Mendy was arrested by government security forces at the Breguede
border post in the Casamance region. According to Mendy, the soldiers
undressed him, bound his hands and feet, and placed him in a trench in
the ground. They then allegedly beat him while interrogating him
concerning a recent rebel attack, and accused him of being a spy. Mendy
said the soldiers set fire to empty plastic containers and poured the
melted plastic onto his body. Mendy was subsequently hospitalized for
two months. Amnesty International noted that in June 2001, military
authorities arrested the lieutenant in charge of the group in question.
His case was transferred to the Gendarmerie. No information was
available concerning the progress of the case at year's end.
Despite stronger legal provisions against torture, those cases that
are pursued often took years before a final judgment was reached.
Prison conditions were poor and prisons remained overcrowded. Food
and health care were inadequate; however, there were no reports of
deaths in prison as a result of these conditions.
Women were held separately from men. Juveniles were housed
separately from adults. Pretrial detainees usually were held separately
from convicted prisoners, as required by law; however, on occasion
pretrial detainees were detained with convicted prisoners due to
limited space.
The Government permits prison visits by independent human rights
monitors. During the year, local and international human rights groups
such as RADDHO, the National Organization for Human Rights (ONDH), the
International Committee of the Red Cross, the International Prison
Observatory, and Methodist missionaries visited prisons.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, the authorities, at
times, arbitrarily arrested and detained persons.
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 authorized 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. 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. The accused has the right to an attorney after this
initial period of detention. There is a system of bail, but it was used
rarely. 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. Judges have the right to order release pending trial without
the prosecutor's consent.
Police rarely were prosecuted for violations of arrest and
detention procedures, and the authorities could detain a prisoner for
long periods of time while they investigated and built a case against a
suspect. The authorities routinely held prisoners in custody unless and
until a court demanded their release. Despite the 6-month limitation on
detention, the time between the charging phase and trial averaged 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. In 1999 approximately 90 graduated
judges were assigned to courts nationwide, which allowed for the
opening of judicial districts in all 30 administrative districts and
access to the judicial system by citizens in the countryside. There
were reports that the initiative resulted in faster trials,
particularly outside the Dakar area; however, no statistics were
available.
On July 10, the Dakar Court of Assizes threw out murder charges
against Mame Demba Gueye, but sentenced him to 6 years in jail for
robbery and check forgery. Gueye had been in pretrial detention since
1996 after being arrested for stealing and forging checks belonging to
an 80-year-old female acquaintance who was found dead in her house.
On July 16, the same court acquitted a young woman who had been in
pretrial detention for 4 years on manslaughter charges. She was
arrested following the death by poisoning of her baby, which she
claimed was accidental.
On June 5, RADDHO issued a press statement protesting the detention
by police of 48 illegal immigrants from various African countries.
According to RADDHO, the detainees were held in extremely poor
conditions pending deportation, and the police injured five of them.
The detainees were all either released or deported following RADDHO's
protest.
Military authorities in the Casamance region made an effort during
the year to reduce the number of human rights abuses committed by
security forces under their command, and human rights NGOs confirmed
that there were significantly fewer complaints of arbitrary arrests,
lengthy detention, and abuse during detention; however, there were no
statistics available at year's end.
Human rights NGOs in Casamance reported a decrease in the number of
detentions of suspected MFDC rebels reported by local families;
however, in January 2001 Amnesty International reported that 30 alleged
MFDC sympathizers remained in detention in Dakar and Kolda without
trial. According to Amnesty International, the alleged sympathizers
were arrested in 2000 because of their Diola ethnic origin; they were
charged with compromising state security, but no evidence was provided
of their involvement in any acts of violence. Following the signing of
a peace accord with the MFDC on March 16, the Government released 16 of
these prisoners on March 19. During the early part of the year other
prisoners were released. Amnesty International reported in April that
at least two prisoners were still detained without trial in connection
with the Casamance conflict.
The Constitution prohibits forced exile, and it was 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, in practice it was subject to government influence and
pressure. Magistrates were vulnerable to outside pressures due to low
pay, poor working conditions, and family and political ties. Also, the
Minister of Justice and subordinate authorities had extensive authority
to influence judicial procedures by keeping an 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 Council of State, the Constitutional Council, and the Court of
Final Appeal. These courts remained understaffed, and many of the
special courts, including the one that deals with unlawful enrichment
and other courts that try government officials for treason and
malfeasance, were 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 were 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
the civilians were involved with military personnel who violate
military law.
In principle the accused was innocent until proven guilty. Trials
were public, and defendants had the right to be present in court, to
confront witnesses, to present evidence, and to have an attorney.
However, some defendants were 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 counsel 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.
The Minister of Justice has taken steps to eliminate the backlog of
cases in the judiciary system. In 2000 the Government adopted
legislation for the appointment of judges in charge of monitoring the
implementation of court decisions and for the establishment of
alternative justice mechanisms, including a ``maison de la justice'' to
be staffed by voluntary jurists--usually retired judges or attorneys.
However, by year's end, local governments reportedly did not have the
resources to implement the system mandated in the legislation.
There were no reports of political prisoners.
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. In past years, during high profile or politically charged
investigations, police often proceeded without the required search
warrants; however, there were no reports of this during the year.
MFDC rebels sought to extort supplies and money from civilians. On
several occasions during the year, MFDC rebels stopped passenger buses
and robbed passengers (see Section 1.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, and the Government generally
respected these rights in practice; however, at times it imposed some
limits on these rights.
A broad spectrum of thought and opinion was available to the public
through regularly published magazines and newspapers, including foreign
publications. Political and economic views expressed in the independent
press often were critical of the Government and its programs. While
publishers were required to register prior to starting a publication,
the Government routinely approved such registrations.
On December 9, the High Audiovisual Commission (HCA) the country's
media watchdog, criticized the biased coverage of the Government-run TV
station RTS of a scandal involving diplomatic passports. The HCA
claimed RTS blacked out a press conference by opposition leader
Moustapha Niasse, who was Foreign Minister during the time of the
passport scandal, to slant the news coverage against Niasse. HCA
claimed that by not broadcasting the press conference, RTS deprived
Niasse of a public response to the charges against him. HCA' charges
came after Niasse's political party, the Alliance of Forces of Progress
lodged an initial complaint.
Police reportedly beat a TV cameraman during a December 14
demonstration (see Section 2.b.).
In July 2001, police summoned to their headquarters Alioune Fall,
editor-in-chief of the Matin newspaper, on charges of reporting false
news. Following the escape of a well-known convict, Fall had reported
that there was discontent within the police force after the case was
assigned to the gendarmerie. In August 2001, he was charged formally
with disseminating false news and released. He trial was pending trial
at year's end.
In December 2000, the Government issued a general warning to the
national press that the dissemination of communications from the MFDC
would be considered attempts to derail the Casamance peace process and
would be prosecuted under the Penal Code.
In September journalists from the newspapers Walfadjiri and Sud
Quotidien reported that their correspondents in the Casamance region
had received death threats from the MFDC. The national union for
journalists, the Syndicat des Professionels de l'Information et de la
Communication Sociale du Senegal (SYNPICS), called upon the Government
to take measures to ensure security for journalists in the region.
Radio remained the most important medium of mass information and
the main source of news for citizens outside urban areas. There were 20
privately owned radio stations in the country. Of these, 15 were
regular commercial enterprises, and the other 5 were noncommercial
``community'' radio stations, set up by communities to broadcast
community information and provide news and information on a variety of
topics. There also were three international stations that rebroadcast
within the country. All of the locally owned stations broadcast
national news and political commentary. Some of them often were
critical of the Government; no government harassment was reported.
A government monopoly controlled local television, an important
source of news. While there were no privately owned domestic television
stations, French-owned pay television was available but offered no
local news.
In September 2001, the Minister of the Interior halted the
screening of Karmen Gei, a film version of the classic opera Carmen,
following a day long sit-in protest by members of the Mouride Islamic
brotherhood, who criticized the film as blasphemous. Members of the
brotherhood, some armed with clubs, gathered outside a cinema in Dakar
and demanded the withdrawal of the film. Police and gendarmes were
present at the cinema, and no acts of violence occurred. In response to
the Mouride protest, the Minister of Culture promised to review the
film and reconstitute the Censoring Commission; however, a decree to
reconstitute the Censoring Commission had not been promulgated by
year's end.
At least nine Internet service providers operated in the country at
year's end. The Government did not restrict access to the Internet. A
personal account with unlimited access time cost approximately $18
(10,000 CFA francs) per month. Several cybercafes in the capital city,
Dakar, provided access to many persons unable to afford personal
accounts.
The Government generally did not restrict academic freedom;
however, student meetings on part of the campus of the University of
Dakar were banned informally (see Section 2.b.), ostensibly to prevent
militant student groups from disrupting classes and studies.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of peaceful assembly, and the Government
generally respected this provision in practice. The Government's
required prior authorization for public demonstrations usually was
granted. Meetings by students on the academic campus of the University
of Dakar were prohibited by university authorities, but this
prohibition did not extend to the dormitory areas of the campus.
In past years, the Government frequently denied authorization or
forcibly dispersed peaceful marches by the opposition, and there were
two minor incidents during the year. On September 19, citing security
concerns, local authorities in the town of St. Louis denied a permit to
a group of citizens who wanted to protest the nonissuance by the French
consulate of a visa to a young citizen who had earned a scholarship for
study abroad. On October 18, citing security concerns, authorities
denied an application to march from a group of poultry producers
protesting importation of chicken parts from abroad.
On December 14, police used tear gas to disperse forcibly a
demonstration by bereaved family members who had lost relatives during
a major ferry disaster in September. The police reportedly used the
tear gas after demonstrators refused to change their planned itinerary
as the police instructed. During the clash, demonstrators threw stones
at police, and two demonstration leaders were detained for questioning;
however, they subsequently were released without being charged. Police
reportedly beat a TV cameraman during the incident. Three police
officers later were detained pending an investigation into the beating,
which was ongoing at year's end.
In January 2001, police forcibly dispersed a student demonstration
at the University after students began protesting university
conditions, such as the cost of meals and the number of government
scholarships. The MOI reported that the police officers were unarmed
and instructed only to use tear gas; however, reporters and students at
the scene stated that they heard shots fired. One student was shot and
killed. Following extensive media coverage, the Government appointed a
commission, whose members included human rights activists, to
investigate the incident. In October 2001, the commission completed its
report, and a police officer was arrested; he remained in detention
awaiting trial at year's end.
The Constitution provides for the right of association, and the
Government generally respected this provision in practice. Citizens who
wished to form associations must register with the Ministry of the
Interior (MOI). Business-related associations registered with the
Ministry of Commerce. By law and in practice, the MOI must register
such groups as long as the objectives of the association were stated
clearly and they did not violate the law.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Any group--religious or other--that wants to form an association
with legal status must register with the MOI in accordance with the
civil and commercial code. Registration, which generally was granted,
enabled an association to conduct business, including owning property,
establishing a bank account, and receiving financial contributions from
any private source. Registered religious groups, like all registered
nonprofit organizations, also were exempt from many forms of taxation.
The Minister must have a legal basis for refusing registration. There
were no reports of any applications for such registration being delayed
or denied during the year.
On May 26, a group of youngsters in the Dakar neighborhood of Yoff
attacked a house being used for Sunday service by members of the
Celestial Christian Church, which is composed of immigrants from other
African countries. The juveniles alleged that the service disturbed the
peace and disrupted the service but did not cause any injuries. The
group did not press charges and police made no arrests.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Some
public employees, including teachers, were required by law to obtain
government approval before departing the country, although this was
enforced sporadically.
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.
According to the U.N. High Commissioner for Refugees (UNHCR),
during the first 2 weeks of May, approximately 2,000 civilians fled the
country to the Gambia following clashes between government security
forces and MFDC rebels in the Bignona area of northwestern Casamance.
The UNHCR reported that 70 percent of these refugees returned to their
villages by early June. The numbers of refugees outside the country
fluctuated according to the level of violence in the Casamance region;
at year's end, it was estimated that several thousand refugees remained
outside the country, mostly in the Gambia and Guinea-Bissau. A UNHCR
census in January counted 7,000 Senegalese refugees living in the north
of Guinea-Bissau.
The law provides for the granting 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. The Government cooperated
with the UNHCR and other humanitarian organizations that provide
assistance for refugees. Since 1989 the country has hosted Mauritanian
refugees as a country of first asylum, and the UNHCR continued to
provide protection services for them. Mauritanian refugees generally
lived in dispersed locations along the length of the Senegal-Mauritania
border and were allowed free movement within the country. However, most
of these refugees were unable to obtain current refugee documents from
the authorities and sometimes encountered administrative difficulties
when using their expired refugee application receipts issued in 1989.
While no formal repatriation agreement existed among Mauritania,
Senegal, and the UNHCR, the two governments have cooperated to permit
repatriation for several years. Because the nature of this repatriation
was generally unsupervised and largely informal, the exact number of
remaining Mauritanian refugees was difficult to determine. Several
hundred Bissau-Guinean refugees chose to remain in the country, living
with relatives or on their own. The UNHCR estimated that, overall,
fewer than 30,000 refugees remained in the country.
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, and they exercised this right
during the February and March 2000 presidential election that ended the
Socialist Party's 40-year domination of political power. After 26 years
in opposition, Abdoulaye Wade, backed by a coalition of opposition
parties, defeated incumbent President Abdou Diouf in what was
considered to be a free and fair election, marred only by reports of
sporadic preelection violence and minor procedural irregularities. In
the January 2001 national referendum, 94 percent of those voting
accepted the new Constitution, which abolished the Senate. Created by
the previous government in 1998, this second legislative chamber, in
which no members were elected directly by the citizenry and one-fifth
of the members were appointed by the President, reduced the ability of
citizens to change their government and increased the presidency's
domination of the state.
In addition to eliminating the Senate, the new Constitution reduced
the number of National Assembly seats from 140 to 120. There were 65
legally registered parties.
In April 2001, President Wade's coalition won 49.6 percent of the
vote and 89 of 120 seats in the National Assembly elections.
International and national observers characterized the elections as
free and transparent. Voter participation in the election was 67.41
percent of registered voters.
The 2000 electoral process was marked by minor irregularities such
as the illegal issuance of birth certificates to Socialist Party
supporters in Keur Madiabel by a judge in the district court in
Kaolack. Following a complaint filed by the National Observatory of
Elections (ONEL), the documents were cancelled. ONEL also noted that
national identity card applications were processed illegally in some
instances. Access to personal identification cards was an important
issue in the election, since they were necessary to vote. No such
incidents were reported in the April 2001 legislative elections.
On May 12, President Wade's coalition won 52 percent of votes and
control of 281 of 441 rural, regional, and city councils in the
country's first local elections since 1996. Observers noted that the
election was orderly and transparent.
Elections were held by balloting that officially was described as
secret but permitted voters to leave the polling place with evidence of
how they voted. Nevertheless, despite apparent potential for abuse,
this balloting system has not been the subject of complaints or reports
of abuse in recent elections.
In 1997 the Government created the ONEL 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
MOI remains responsible for the actual organization and implementation
of the elections, which is done through a directorate of elections. The
ONEL significantly improved the level of transparency of the April
National Assembly elections, the 1998 National Assembly elections, and
the 2000 presidential election, despite persistent flaws in the
electoral system. ONEL also oversaw the May 12 local elections.
Although there were no legal impediments to the participation of
woman in government and politics, cultural and educational factors
hampered them. In addition political parties often ranked women low on
party lists, making it difficult for them to be elected to the National
Assembly or to be appointed ministers. There were 21 female deputies in
the 120-member National Assembly. In March 2000, for the first time in
the country's history, the President appointed a woman, Mame Madior
Boye, as Prime Minister. Nevertheless, only 5 of the 24 ministers in
the President's Cabinet were women. In 1999 a woman, Marieme Wane Ly,
formed and headed a political party for the first time.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials generally were cooperative and
responsive to their views.
The Government's National Committee on Human Rights included
members from the Government and civic organizations, including private
human rights groups. On its own initiative, it may investigate human
rights abuses, including torture; however, it did not investigate any
cases of abuse during the year.
In April 2000, the Government announced the establishment of a
Human Rights Office in the President's office to investigate complaints
filed by individuals regarding human rights violations. In September
2001, the Government named a Human Rights Commissioner to head the new
office, which was active. The Commissioner's human rights mandate
includes both national and multilateral issues. In September her office
undertook to coordinate the country's national strategy against
trafficking in persons (see Section 6.f.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution states that ``men and women shall be equal in
law'' and prohibits discrimination based on race, sex, class, or
language. However, discrimination against women was pervasive, and the
Government frequently did not enforce antidiscrimination laws.
Women.--There were credible reports that domestic violence against
women, usually wife beating, was common. According to a study funded by
the Canadian Center for International Research and Development (CECI)
focusing on the capital Dakar and on the city of Kaolack, 87 percent of
515 women interviewed had suffered from some form of domestic violence.
The study also showed that domestic violence was more widespread in
Dakar than in Kaolack. Police usually did not intervene in domestic
disputes, and most persons were 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 was a minor, her age was
considered an aggravating circumstance. Rape trials often result in
convictions. According to the criminal law, sexual harassment was a
crime punishable by imprisonment of up to 3 years and a fine of $700
(500,000 CFA francs). The potential fine for domestic violence to $700
(500,000 CFA francs), and the length of imprisonment for domestic
violence is 5 years. Several women's groups have formed to address
these problems.
In September 2001, supporters of women's rights marched through
Dakar to protest violence against women and the impunity with which
these acts were carried out. Vivian Wade, the wife of the President,
was among the demonstrators.
FGM was not practiced by the country's largest ethnic group, the
Wolofs (representing 43 percent of the population), but it was
performed on girls belonging to some other ethnic groups. Sealing, one
of the most extreme and dangerous forms of FGM, was sometimes practiced
by members of the Toucouleur and Mandinka ethnic groups, particularly
those in rural areas. Recent studies estimated that about 20 percent of
girls undergo FGM. In the regions of eastern Saint-Louis, Matam,
Tambacounda, and Kolda, where the practice was most prevalent, it was
estimated that 50 percent of girls undergo FGM, with the estimated rate
in Kolda as high as 88 percent.
The law stipulates that FGM is a criminal offense, carrying a jail
term ranging from 6 months to 5 years for persons directly practicing
FGM or ordering it to be carried out on a third person. Most human
rights organizations considered the law to be a positive step towards
greater protection of women. However, a few women's rights activists
criticized the law 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 law contended that these programs should have
been more widespread prior to implementation of the ban.
In October 2001, with funding from the World Health Organization,
the Government launched its National Plan of Action against FGM. Local
action plans have since been completed for the departments of Velingara
and Kolda in Kolda region. At year's end, the Government's focus was on
implementing these plans and developing local action plans for three
departments in the Tambacounda region. Several domestic NGOs and one
foreign NGO (TOSTAN) worked in coordination with the Government on the
FGM problem.
On June 5, inhabitants of 285 villages in the Kolda region publicly
announced their decision to ban the practice of FGM in their
communities. The decision was the result of an educational campaign
initiated in 1997 by TOSTAN in collaboration with the Government. Since
July 1997, approximately 708 villages nationwide have banned FGM among
their inhabitants. This represented about 12 percent of the
approximately 5,500 villages that practiced FGM.
On October 18, a judge in a Dakar regional court formally charged 6
women with performing excision on 5 girls, ages 9 through 15 years, in
the Dakar suburb of Malika. The six women included the FGM practitioner
and the mother and aunts of the victims. The six were released on bail
and were awaiting trial at year's end.
In October 2001, near the village of Dabo, Kolda region, 8 persons
were convicted and sentenced to 4-month prison terms for the excision
of 18 girls between the ages of 2 and 5. In November 2001, in
Velingara, Kolda region, a mother of two and an FGM practitioner were
arrested for the October excision of the mother's two daughters; trials
for the two women were pending at year's end.
Despite constitutional protections, women faced extensive societal
discrimination, especially in rural areas where Islamic and traditional
customs, including polygyny, and Islamic rules of inheritance were
strongest, and women generally were confined to traditional roles. By
law women have the right to choose when and whom they marry; however,
in some areas, traditional practice restricted a woman's choice. The
minimum age of consent to marry is 21 for males and 16 for females.
Under certain conditions, a judge may grant a special dispensation to a
person under age. The law was not enforced in some communities, where
marriages often were arranged. Under family law, the woman's consent is
required to polygynous unions when contracting a marriage; however,
once in polygynous unions women do not have the right of notification
or approval prior to a subsequent marriage. In the countryside, women
performed much of the subsistence farming and child rearing and had
limited educational opportunities. Although the Government has
committed itself to equalizing male and female primary school
enrollment, there still was much social discrimination against allowing
women educational opportunities. Only 23 percent of women over 15 years
of age were literate, while the rate for men over age 15 was 43
percent.
It was estimated that only 20 percent of women were engaged in paid
employment. Moreover traditional practices made it difficult for women
to obtain bank credit. Due to the fact that legally men were considered
heads of household, women paid higher taxes than men for equal wages,
and employers paid child allowances to men and not women. Women usually
married young (the majority by age 16 in rural areas) and averaged 5.7
live births (down from 7 in 1995). Approximately half of all women
lived in polygynous unions.
In urban areas, women encountered somewhat less discrimination and
were active in government, political life, the legal profession, and
business. Approximately 14 percent of lawyers were women. Urban women
were 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 received equal pay for equal work.
Children.--The Ministry of Family and Infancy was 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 continued to increase the number of classrooms
and encouraged more children, particularly females, to enter and stay
in school. The law requires that all children attend school until age
12, but this was not enforced due to a shortage of schools; 75 percent
of boys and 67 percent of girls were enrolled in primary school.
On May 31, a 12-year-old girl died of hemorrhage following sexual
injuries sustained on her wedding night. She had been married to her
cousin without the consent of her father, who lived in France. The
groom was arrested and on July 22, was sentenced to 2 months in jail by
a court in St. Louis. The domestic human rights organization RADDHO
denounced the court's decision as too lenient.
FGM was performed primarily on young girls (see Section 5, Women).
The law mandates jail terms of up to 10 years for convicted
pedophiles.
Persons with Disabilities.--There are no laws that mandate
accessibility for persons with disabilities, and in practice most
persons with disabilities generally were unable to participate in many
occupations due to physical barriers and a lack of equipment and
training opportunities.
In 2000 the Council of State (the country's highest administrative
court) ruled on an antidiscrimination lawsuit filed in 1999 by the
National Association of Disabled People against the regional
educational board in the eastern province of Tambacounda. The board had
refused to hire a candidate with physical disabilities who had passed a
recruitment test, on the grounds that persons with physical
disabilities were not qualified for the job of teaching. The court
overruled the board's decision on the grounds that a physical
disability did not represent a valid legal ground for barring a person
from teaching.
National/Racial/Ethnic Minorities.--The country was ethnically
diverse. The largest ethnic groups were 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, Mandingo, and Soninke. Each group has its own
primary language, although French and Wolof were used widely as
secondary languages. Wolof was the country's primary language. While
general regions of origin can be identified for most ethnic groups,
these regional separations no longer were distinct.
In most of the country, ethnic and regional tensions have not
contributed significantly to human rights abuses, and opposition to the
Government generally has taken the form of nonviolent political parties
that have not had readily identifiable ethnic or regional bases.
However, this has not been true in the Casamance region, the part of
the country to the south of The Gambia. Casamance was substantially
less arid, less Islamic, and less Wolof than the rest of the country.
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.).
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 were free
to form or join unions; however, the Labor Code requires the Minister
of the Interior to give prior authorization before a trade union can
exist legally, and the Government can dissolve trade unions by
administrative order. The International Labor Organization (ILO)
continued to oppose both of these governmental limitations on the
freedom of association.
Any group of workers in the same occupation, similar trades, or the
same professions could form a union. The Government could disband a
union if its activities deviated from its charter.
The Labor Code does not apply to the informal and agricultural
sectors. Approximately 60 percent of the population were engaged in
agricultural work, and 40 percent of urban youth officially were
unemployed.
There are legal prohibitions governing discrimination by employers
against union members and organizers. Employers found guilty of
antiunion discrimination were required to reinstate workers.
Although they represented a small percentage of the working
population, unions wielded 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 was almost
totally unionized. The only union in the agrarian sector was one
representing workers at a privately owned sugar company. Some farmers
were organized into the National Farming Association, an advocacy
organization.
The National Confederation of Senegalese Workers (CNTS), the
largest union organization, had close ties to the Socialist Party.
While ostensibly an independent organization, the umbrella CNTS
consistently supported government policies during the Diouf
administration. The 2002 International Confederation of Free Trade
Unions (ICFTU) Annual Survey charged that toward the end of 2001,
government actions clearly aimed at undermining the CNTS had resulted
in tensions within the union organization.
The rival to the CNTS was the National Union of Autonomous Labor
Unions of Senegal (UNSAS). The UNSAS was 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 third major labor federation was the
Confederation of Autonomous Workers (CSA).
The Labor Code permits unions to affiliate with international
bodies. The CNTS was active in regional and international labor
organizations and was 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 were protected in practice. The ICFTU 2002 survey
noted that the national trade union centers were able to bargain
successfully with the Government during the year, gaining agreement on
a long-standing demand concerning an increase in the retirement age,
and credited the Government with giving due respect to the bargaining
process. There were no known instances in which workers were prevented
from exercising the right to organize and bargain collectively. The
Ministry of Labor (MOL) can intervene in disputes between labor and
management if requested, and it plays a mediation role in the private
and state enterprise sectors.
The new Constitution, adopted January 2001, and the Labor Code
provide for the right to strike, but with significant 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 through mediation, which usually was provided
by the Ministry of Labor; however, the Government or employer cannot
stop the strike. Under the new Constitution, a strike action may
neither infringe upon the freedom to work nor imperil the enterprise
involved; however, this provision was not tested by year's end. The
Government has the power to requisition workers from private
enterprises and public services for the safety of persons and goods,
the maintenance of public order, and the continuity of public services,
or to meet the country's essential needs.
There were no illegal strikes during the year.
Labor laws apply to all industrial firms including those in the
Dakar Industrial Free Trade Zone.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or compulsory labor, including by children, and there were no reports
that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution bans child labor of all kinds, and the
Government enforced this ban in the formal sector, which was under the
purview of the labor law. However, children under the minimum age
frequently work in the much larger traditional or informal sectors,
such as family farms in rural areas or in small businesses, where the
Government does not enforce minimum age and other workplace
regulations. In addition, many children who were Koranic students were
involved in organized street begging.
Under the law, the minimum age for employment was 16 years for
apprenticeships and 18 years for all other types of work. Inspectors
from the MOL closely monitored and enforced minimum age restrictions
within the small formal wage sector, which included state-owned
corporations, large private enterprises, and cooperatives.
In 1998 the country began a 3-year program of action to eliminate
child labor, the International Program for the Elimination of Child
Labor (IPEC). The program was scheduled for termination in December
2001; however, it received additional funding, which allowed it to
continue to operate for 2 more years.
e. Acceptable Conditions of Work.--The law mandates a monthly
minimum wage, and the Ministries of Labor and Finance determined wage
rates after negotiating with the unions and management councils. The
minimum wage of $0.37 (223.7 CFA francs) per hour did not 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 were incorporated into the
Labor Code and were supervised by inspectors from the MOL; however,
enforcement was 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 did not enforce
them. In theory workers have the right to remove themselves from unsafe
working conditions, but in practice the right seldom was exercised
because of high unemployment and a slow legal system.
f. Trafficking in Persons.--The law prohibits the sale of persons,
abduction, and hostage-taking but does not specifically address
trafficking in persons. There were occasional reports of the
trafficking of women for labor or sexual purposes during the year. In
September the office of the Human Rights Commissioner undertook to
coordinate the country's national strategy against trafficking in
persons.
In August 2001, authorities stopped 100 young Senegalese women from
boarding a charter flight to Libya. One Senegalese and two French
nationals of Senegalese origin were arrested and charged with
organizing an international prostitution ring. In September 2001,
authorities questioned them concerning allegations that the young women
were being sent to Libya to work as prostitutes. In October 2001, the
Senegalese citizen was released on bail, and in November 2001, the two
French nationals were released on bail. On August 27, the investigating
judge dropped all charges against the defendants.
In 2000 police arrested a Nigerian citizen who had lured a Nigerian
woman to Dakar and confined her in a house with three other Nigerian
women. According to the police, the Nigerian man raped and beat the
women. No further information was available on the case at year's end.
__________
SEYCHELLES
President France Albert Rene and the Seychelles People's
Progressive Front (SPPF) have governed the country since a 1977
military coup. In the early 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. In September 2001, President Rene and the SPPF
again won reelection with 54 percent of the vote; Seychelles National
Party (SNP) candidate Wavel Ramkalawan received 45 percent and
independent candidate Dr. Philip Boulle 1 percent. Although the
opposition criticized the election for a number of irregularities, some
international observers concluded that overall result was decided
fairly; however, other international observers concluded that the
election was not entirely free and fair. In December elections for the
National Assembly were held and judged to be free and fair by
international observers. The ruling SPPF party prevailed in the
elections, winning 23 of the 34 seats. The opposition SNP party won 11
seats, a significant increase over the 4 seats that were secured by the
opposition in the 1998 elections. 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
was subject to executive interference.
The President has complete control over the security apparatus,
which included a national guard force, the army, the Presidential
Protection Unit, the coast guard, the marines, and the police. There
also was an armed paramilitary Police Mobile Unit. Members of the
security forces committed some human rights abuses.
The economy was market-based and provided the country's
approximately 82,000 residents with an average per capita income of
$8,000. The Government in recent years diversified the economy by
increasing the revenues received from fishing rights and investing in
the fish-processing sector with foreign joint-ownership partners in
order to move the economy away from its heavy reliance on tourism.
Manufacturing surpassed tourism as the most important economic
activity; however, no significant new investments were made during the
year. Overall growth continued to remain sluggish, largely due to
shortages of foreign exchange and the pervasive presence of inefficient
state enterprises. There continued to be no progress toward
privatization during the year. The country's application to join the
World Trade Organization obliged it to consider reforming its trade and
foreign exchange regimes; however, it made few substantive changes by
year's end.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. President Rene
and the SPPF 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 judiciary was inefficient, lacked resources, and was
subject to executive influence. There were some restrictions on freedom
of the press. Violence against women continued, and child abuse
remained a problem. Discrimination against foreign workers also was a
problem. Seychelles was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There was at least
one report of the arbitrary or unlawful deprivation of life by the
Government or its agents. In June a prisoner, who allegedly was killed
during an attempted escape, may have been the victim of an unlawful
killing. According to reports, the prisoner had more than 10 bullet
wounds on his body, and he was disfigured and maimed in ways that
contradicted a police report, which claimed that the prisoner's
physical injuries were the result of his resisting arrest. No action
was taken against the responsible officers 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 expressly forbids torture and there were
no reported instances of the use of torture by the security forces.
Unlike in previous years, there were no reports that police
officers forcibly dispersed crowds.
There was no action taken against the responsible police officers
who used tear gas to disperse forcibly a group of soccer players and
their fans in May 2001 on Praslin Island by year's end.
In March 2000 on the island of La Digue, police reportedly beat a
man while he was in police custody. The family of the detainee sued the
Commissioner of Police and the three police officers on duty at the
time for $4,386 (SR 25,000) in damages. Both a criminal and a civil
suit have been filed; the trial was still pending at year's end.
Conditions at the Long Island prison, the only such facility in the
country, remained Spartan. During the year, the number of inmates
dropped to 149 of which 4 were women, 2 were under the age of 23 years,
and 2 were noncitizens. Family members were allowed monthly visits, and
prisoners had access to reading but not writing materials. Men were
held separately from women, and juveniles were held separately from
adults. There were no reports of abuse of women or juveniles by guards
or other inmates.
There was no regular system of independent monitoring of prisons;
however, local and international nongovernmental organizations (NGOs)
were allowed to visit. There were no prison visits by NGOs or other
interested parties during the year.
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 asserted in previous
years that extended periods of detention under harsh conditions were
used to extort confessions from suspects; however, there were no such
incidents reported during the year. Police occasionally detained
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; however,
the practice appeared to be diminishing during the year. The police
released such persons on a Monday before the court could rule on a writ
of habeas corpus.
There was no official action taken against the responsible soldiers
who in the May 2001 on the island of Praslin arrested and detained for
1 day approximately 20 soccer players and fans at local police stations
(see Section 1.c.).
Detainees have the right of access to legal counsel, but security
forces, in hopes of eliciting a confession or other information,
sometimes withhold this right. Free counsel was provided to the
indigent. Bail was available for most offenses.
The law prohibits forced exile, and the Government did not employ
it. 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
that returned to the country were able to reacquire their property;
however, several claims remained in the court system at year's end.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, it was inefficient, lacked resources,
and was subject to executive interference.
The judicial system includes magistrates' courts, the Supreme
Court, the Constitutional Court, and the Court of 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.
All judges are appointed for 7 years and could be reappointed by
the President on the recommendation of the Constitutional Appointment
Committee. All sitting judges were hired from other Commonwealth
countries, including Mauritius, India, Sri Lanka, Nigeria, and Zambia;
none were citizens, with the exception of the Chief Justice, who was a
naturalized citizen. The Seychelles Bar Association criticized the
Government for not advertising domestically that judicial positions
were available, since 30 citizens practiced law either domestically or
abroad. Some observers criticized expatriate judges for a perceived
lack of sensitivity on issues such as human rights. Legal entities of
the Government, such as the Attorney General's Office and the
Ombudsman, were reluctant to pursue charges of wrongdoing or abuse of
power against senior officials.
Defendants had the right to a fair public trial. Depending on the
gravity of the offense, criminal cases were heard by magistrates' court
or the Supreme Court. A jury was used in cases involving murder or
treason. Trials were public, and the accused was considered innocent
until proven guilty. Defendants had the right to counsel, to be present
at their trial, to confront witnesses, and to appeal.
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; however, the Government sometimes
infringed on these rights. The law requires a warrant for police
searches and seizures; however, there were reports that members of the
police drug squad entered homes and detained persons without a warrant.
The law requires that all electronic surveillance be justified on the
grounds of preventing a serious crime and approved by a judge; however,
the Government maintained telephone surveillance of some political
figures.
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, 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,'' and as a result both freedom of speech and of the press were
constrained by the ease with which civil lawsuits could be filed to
penalize journalists for alleged libel. The law allows the Minister of
Information Technology to prohibit the broadcast of any material
believed to be against the ``national interest'' or ``objectionable'';
however, the law was not used against journalists or the media during
the year. The legislation also requires telecommunications companies to
submit subscriber information to the Government. In most instances,
citizens speak freely, including in Parliament.
In May 2001, government officials seized a shipment of copies of a
local singer's album on the grounds that the singer had not obtained an
import permit for the shipment. The singer claimed the album copies
were seized because they contained songs that were critical of the
Government and that called for political change. In June 2001, the
Government-controlled Seychelles Broadcasting Corporation (SBC) banned
the musician's songs from being broadcast on the grounds that they were
seditious. The musician's songs still were not permitted to be
broadcast at year's end. During the year, the SNP also was not
permitted to broadcast its theme song in advertisements on SBC.
The Government has a near monopoly of the media, owning the only
television and radio stations--the most important means for reaching
the public--and the only daily newspaper, the Nation. The official
media adhered closely to the Government's position on policy issues and
gave the opposition and news adverse to the Government only limited
attention. While both opposition parties published an assortment of
newsletters and magazines, only one significant opposition newspaper,
the weekly Regar, was published. Government officials have sued Regar
for libel 10 times in the last 6 years. In 2001 President Rene sued
Regar and the SNP for libel, demanding $1.5 million (SR 9 million) in
damages. In the lawsuits, Rene claimed Regar and the SNP libeled him
when they suggested that he had stolen money from the Government's
Children's Fund and when Regar criticized him for using expensive
imported marble in the construction of a private residence. The Supreme
Court had not heard the case by year's end.
The license fees for a private radio or television station were
$151,200 (SR 800,000) per year, while newspaper publishing licenses are
$760 (SR 4,000) plus a bank guarantee of $19,000 (SR 100,000). The high
fees still had not changed and were a deterrent to the establishment of
private radio and television stations.
The Internet was available in the country, and the Government did
not restrict access to it.
Academic freedom was limited due to the fact that one could not
reach senior positions in the academic bureaucracy without
demonstrating at least nominal loyalty to the SPPF. There are no
universities; secondary school teacher appointments largely were
apolitical. The Government controlled access to the Polytechnic, the
most advanced learning institution.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice; however, while generally
permitting SNP rallies, the police on occasion refused to grant
permission to the SNP to hold rallies citing dubious reasons.
Unlike in the previous year, there were no reports that police
forcibly dispersed crowds.
Some members of opposition parties claimed that they lost their
government jobs because of their political beliefs and were at a
disadvantage when applying for government licenses and loans.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, although it was not used during the year, the law 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 approximately $45 (SR 250) was payable in
local currency, government foreign exchange regulations and the foreign
exchange shortage hindered many citizens from being able to afford
foreign travel, although they might have sufficient means in local
currency. According to the law, citizens cannot possess any foreign
exchange unless in possession of a receipt from a licensed foreign
exchange vendor. In addition, banks provided only $95 (SR 500) to a
maximum $200 (SR 1,146) to those departing the country because of the
extreme foreign exchange shortage.
The law contains provisions for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol. As there have been no recent
refugee cases, there were no reports of government cooperation with the
office of the U.N. High Commissioner for Refugees; however, there are
no indications that the Government would not cooperate if such cases
arose.
The Immigration Act does not mention asylum. There were no known
requests for asylum, and there were no refugees in the country. 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.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens exercised the right to change their government in the
September 2001 presidential elections and in the 1998 National Assembly
elections, despite the fact that President Rene and the SPPF dominated
the elections. Suffrage was universal. In the December National
Assembly elections, judged to be free and fair by international
observers, the opposition SNP party won 11 of the 34 seats, an
improvement on the 4 seats the opposition held following the 1998
elections.
In the September 2001 presidential election, approximately 90
percent of eligible voters participated. President Rene was reelected
with 54 percent of the vote; SNP candidate Wavel Ramkalawan received 45
percent, and independent candidate Dr. Philip Boulle received 1
percent. Only the chief opposition party, the SNP, chose to contest the
election; the Democratic Party did not field a candidate. Many
Democratic Party supporters apparently voted for Ramkalawan. Ramkalawan
challenged the election results; he accused the SPPF of intimidation,
vote buying, and not respecting the election rules. His court challenge
remained pending at year's end. Observers from the Southern African
Development Community (SADC), the Commonwealth Organization, and the
Francophone Organization supervised the polling. SADC observers noted
``minor hitches'' but stated their satisfaction with the election and
in particular observed ``transparency'' during vote casting and
counting. However, in October 2001, the Commonwealth Organization
observers released their report, which concluded that the elections
were peaceful but not entirely free and fair. The report described
instances of intimidation during voting and the lack of open
competition during the campaign.
In August the leader of the opposition, Mr. Wavel Ramkalawan
declared that there was a plot to assassinate him, and the Speaker of
the Assembly made special provisions for him to be provided with
security personnel. A special Assembly allocation provided him with
$2,683 (SR 15,000) per month for unarmed bodyguards.
Prior to the 2001 presidential elections, the SNP protested to the
Electoral Commissioner that a parastatal company, whose chairman is
President Rene, required employees to attend a government-sponsored
political rally. The opposition party reported that employees who did
not attend the rally risked losing their year-end bonuses (see Section
6.a.).
The President's SPPF party continued to utilize its political
resources and those of the Government to develop a nationwide
organization that extended to the village level. The opposition parties
have been unable to match the SPPF's organization and patronage, in
part because of financial limitations. In the 2000 budget, the SPPF was
allocated $54,202 (SR 308,952), the SNP $22,889 (SR 130,470), and the
Democratic Party $10,628 (SR 60,578).
In 2000 the National Assembly amended the Constitution to allow the
President to call presidential elections separately from National
Assembly elections at any time after the first year of his 5-year term
in office, which allowed President Rene to call presidential elections
in 2001.
There were 8 women in the 34-seat National Assembly, 6 by direct
election and 2 by proportional representation, and there were 3 women
in the 12-minister Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups, including churches,
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
Two private human rights related organizations operated in the
country. The Friends for a Democratic Society pledged to focus on
raising awareness of individual rights in a democracy; however, it was
inactive. In 1999 the Center for Rights and Development (CEFRAD)
published a 5-year action plan that stressed respect for human rights,
participation in a civil society, and sensible approaches to
development. CEFRAD did not claim any results from its 5-year plan by
year's end. CEFRAD also established ties with other national and
international NGO's. In 2001 Simeon Ake, an African Union (AU)
representative from the Cote d'Ivoire, led a two-person delegation to
the country from the Commission on Human and People's Rights. Although
the AU has not released a report detailing any findings, the team urged
the Government to take unspecified steps to better promote respect for
human rights in the country. Possibly in response to AU encouragement,
the Government ratified the Constitutive Act of the African Union,
which promotes respect for human rights. The Government also
established a National Humanitarian Affairs Committee (NHAC), with a
diverse range of members from both civil society and the Government.
The International Committee of the Red Cross acts as a technical
adviser to the NHAC.
Section 5. Discrimination Based on Race, Sex, 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 was no overt
discrimination in housing, employment, education, or other social
services based on race, sex, ethnicity, nationality, or disabilities.
Women.--Domestic violence against women, particularly wife beating,
remained a problem and increased during the year. Police seldom
intervened in domestic disputes, unless the dispute involved a weapon
or major assault. The few cases that reached a prosecutor often were
dismissed, or, if a case reached court, the perpetrator usually was
given only a light sentence. Rape, spousal rape, and domestic abuse are
criminal offenses. Between May 2000 and September 2002, the Probation
Services recorded 510 domestic violence cases against women. There was
growing societal concern about domestic violence and increased
recognition of the need to address it. During the year, local NGOs
continued awareness campaigns and training programs regarding domestic
abuse for women and girls; however, the Government did not engage in
any public campaigns to dissuade domestic abuse.
The society largely was matriarchal, with 76 percent of births out-
of-wedlock during the year. There were no reports of societal
discrimination against unwed mothers, and fathers were required by law
to support their children. The age of consent was 14, and women under
20 years of age accounted for 14 percent of all births. Girls were not
allowed to attend school when they were pregnant, and many did not
return to school after the birth of a child. There was no officially
sanctioned discrimination in employment, and women were well
represented in business. Inheritance laws did not discriminate against
women.
Children.--The law prohibits physical abuse of children. The
Division of Social Affairs in the Ministry of Social Affairs and
Manpower Development worked to protect children's rights. Children were
required to attend school through the 10th grade. Free public education
was available through the secondary level until age 18. 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. According to government figures, all children between the ages
of 6 and 16 attended school, and the enrollment of boys and girls was
roughly equal. There was a noncompulsory fifth year of secondary
school. After completing secondary school, students can go to the
Polytechnic School for Vocational Training, go abroad for university
studies, or go to apprenticeship or short-term work programs. Children
in the apprenticeship or short-term work programs received a training
stipend, which was less than the minimum wage.
An 18-member Family Tribunal heard and decided all matters relating
to the care, custody, access, and maintenance of children, except
paternity cases, which remain under the courts. During the year, 367
cases came before the Tribunal. Approximately 14 percent of all cases
presented to the Family Tribunal were resolved during the first
hearing. The Family Tribunal also was responsible for collecting and
disbursing child support payments made by family members. In 2001 it
was reported that as much as $173,077 (SR 900,000) was missing from the
child support funds. The Ministry of Social Affairs opened an
investigation into the matter. There were no results released on the
investigation; however, social security funds were transferred to cover
the child support obligations.
Sexual abuse of children, usually in low-income families, was a
problem; however, there were only 41 cases of sexual abuse reported
during the year--generally by stepfathers and older brothers. Ministry
of Health data and press reports indicated that there were a
significant number of rapes committed against girls under the age of
15. Very few child abuse cases actually were prosecuted in court. The
strongest public advocate for young victims is a semiautonomous agency,
the National Council for Children. There was criticism that the police
failed to investigate vigorously charges of child abuse.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in housing, jobs, or education; however,
there was no legislation providing for access to public buildings,
transportation, or state services.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to form and join unions of their choosing; however, police,
military, prison, and fire-fighting personnel may not unionize. Between
15 and 20 percent of the workforce was unionized.
There were three trade union organizations: One dominated by the
SPPF, the Seychelles Federation of Workers Union (SFWU), one
independent federation, the Seychelles Workers Union (SWU), and a new
trade union created during the year, the Seychelles National Trade
Union (SNTU), that has close connections to the opposition SNP party.
The law prohibits antiunion discrimination by employers against
union members.
Unions may affiliate freely with international bodies; the SFWU is
a member of the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The law
provides workers with the right to engage in collective bargaining;
however, free collective bargaining did not take place. The Government
has the right to review and approve all collective bargaining
agreements in the public and private sectors. There was little
flexibility in setting wages. In the public sector, which employed 57
percent of the labor force, the Government set mandatory wage scales
for employees. Wages in the private sector generally were set by the
employer in individual agreements with the employee, but in the few
larger businesses, wage scales were subject to the Government's right
of review and approval. Private employers historically 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 law authorizes 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.
Strikes were illegal; however, a strike may be allowed if written
permission or approval from the Commissioner of Police was obtained.
The last recorded strike occurred in the early 1960's.
There were 26 companies that participated in an export processing
zone known as the Seychelles International Trade Zone (SITZ). The SITZ
was bound only by the Seychelles Trade Zone Act and was not obliged to
adhere to labor, property, tax, business, or immigration laws.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--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 (SR 6,000) to employ a child under the age of 15. The
Ministry of Employment and Social Services was responsible for
enforcing child labor laws and investigating abuses of child labor. The
Ministry handled such complaints within its general budget and
staffing; no cases that required investigation were reported by year's
end.
e. Acceptable Conditions of Work.--The complicated minimum wage
scale was regulated administratively by the Government; it covered the
public and state-owned sectors and differentiated among various job
classifications. The Ministry of Employment and Social Affairs enforced
minimum wage regulations. The ``recommended'' minimum wage was $405 (SR
2,025) per month. Trade unions contended that government entities paid
some workers less than the legal minimum wage. Even with the free
public services that were available, primarily health care and
education, independent labor unions disputed that a single salary at
the low end of the pay scale provided a decent standard of living for a
worker and family.
The legal maximum workweek varied from 45 to 52 hours, depending on
the economic sector; government employees worked fewer hours. Each
full-time worker was entitled to a 30-minute break per day and a
minimum of 21 days of paid annual leave. Workers were permitted to work
overtime up to 60 additional hours per month. The Government generally
enforced these regulations. Foreign workers did not enjoy the same
legal protections.
In recent years, there was a growing trend to admit foreign
workers, primarily from China, India, the Philippines, Thailand, and
Madagascar, to work in the construction and commercial fishing sectors,
because few citizens chose to work in these sectors. Although it was
difficult to determine the living and working conditions of these
workers, there was evidence that the labor laws were flouted routinely
with the Government's knowledge and acquiescence. These workers were
paid lower wages and forced to work longer hours than citizens.
The Ministry of Employment and Social Affairs has formal
responsibility for enforcing the Government's comprehensive
occupational health and safety regulations; however, the Ministry of
Health also sought a role in this area. An International Labor
Organization (ILO) team, which visited in 1995, found serious
deficiencies in the management and effectiveness of government
monitoring and enforcement efforts; however, there were never any
government actions in response to the ILO criticisms. Occupational
injuries were most common in the construction, marine, and port
industries. A worker who removed himself from a potentially dangerous
situation on the job was considered to have resigned. Safety and health
inspectors rarely visited job sites. There were no work-related deaths
during the year. Workers do not have the right to remove themselves
from dangerous or unhealthy work situations without risking their
continued employment.
f. Trafficking in Persons.--The law prohibits trafficking in
persons, and there were no reports that persons were trafficked to,
from, or within the country.
__________
SIERRA LEONE
Sierra Leone is a constitutional republic with a directly elected
President and a unicameral legislature. On January 18, the devastating
11-year civil conflict officially ended when all parties to the
conflict issued a Declaration of the End of the War. The Government
since asserted control over the whole country, backed by a large U.N.
peacekeeping force. Revolutionary United Front (RUF) insurgents, who
fought successive governments since 1991, completed disarmament and
demobilization. The Civil Defense Force (CDF), a government-allied
militia, also disarmed and demobilized, but many CDF members retained
informal links to act in concert as a veterans' lobbying group and in
their centuries-old role as members of traditional hunting societies.
In May peaceful presidential and parliamentary elections were held;
Ahmed Tejan Kabbah was re-elected President and his Sierra Leone
People's Party (SLPP) won a large majority in Parliament. Many
international monitors declared the elections free and fair; however,
there were numerous reports of election irregularities and abuses.
Since the resumption of the disarmament, demobilization, and
reintegration (DDR) process in May 2001, an estimated 72,500 former
combatants disarmed; on January 31, the disarmament and demobilization
sections of the program were completed. The process of reintegration
continued at year's end. The U.N. maintained a force of approximately
17,500 peacekeepers during most of the year. In September the U.N.
Security Council decided to begin a gradual withdrawal of U.N. Mission
to Sierra Leone (UNAMSIL) troops, to be completed by 2005. The official
independent judiciary began functioning in areas abandoned during the
war, but there still were sections of the country where the judiciary
had not yet returned. The judiciary demonstrated substantial
independence in practice but at times was subject to corruption.
Among the Government's security forces, the police officially had
primary responsibility for internal order; however, on occasion, the
Republic of Sierra Leone Armed Forces (RSLAF) and UNAMSIL shared
responsibility with the police in security matters. The RSLAF were
deployed to all vital locations and secured the country's borders with
guidance and leadership from the British-led International Military
Advisory and Training Team (IMATT). The Sierra Leone Police (SLP) were
present in all provincial and district capitals. The Government
maintained control of security forces throughout the year. During the
year, more than 55,000 ex-combatants were registered with the National
Commission for Disarmament, Demobilization, and Reintegration (NCDDR).
Approximately 31,000 of these ex-combatants were engaged in
reintegration program activities, ranging from formal education and
vocational skills training to small-scale trade, agriculture, and
community development. NCDDR projected that 7,000 more ex-combatants
would enter reintegrations programs every 6 months, until all
registered combatants had entered the programs. Some members of the
security forces committed human rights abuses.
The country had a market-based economy and remained extremely poor;
per capita earnings for the population of under 5 million have declined
approximately by two-thirds since 1970. The country was rich in natural
resources and minerals (particularly diamonds, gold, rutile, and
bauxite) and had large areas of fertile land suitable for farming.
Mineral extraction and agricultural production began after a virtual
standstill during the war; however, the illegal diamond industry
continued to operate. There was little manufacturing, and there were
few exports; approximately 60 percent of the Government's budget came
from foreign assistance. Years of fighting and decades of corruption
and mismanagement resulted in a devastated infrastructure.
The Government generally respected the rights of its citizens;
however, there were serious problems in several areas. With the end of
war and demobilization of the RUF and CDF, many systematic and serious
human rights abuses ended. During the year, there were no reports of
unlawful killings or other abuses by the CDF in support of the
Government. RSLAF soldiers at times beat former RUF rebels. Prison
conditions improved significantly during the year. The number of deaths
in custody declined considerably. On March 1, civil liberties suspended
under the Constitution were reinstated when the Government lifted the
state of emergency. Members of the SLP continued to arrest and detain
persons arbitrarily. There were reports of extortion by police.
Prolonged pretrial detention, due to a severe lack of resources in the
judicial system, remained a problem. The Government at times limited
freedom of speech and the press during the year. Violence in Liberia,
which produced an influx of more than 50,000 Liberian refugees,
contributed to border areas becoming more unstable. Violence,
discrimination against women, and prostitution remained problems.
Female genital mutilation (FGM) remained widespread. Abuse of children
was a problem; however, numerous children who fought as child soldiers
continued to be released and participated in reintegration programs
during the year. Residents of non-African descent faced
institutionalized political restrictions. Forced labor continued to be
a problem in rural areas. Child labor remained a problem. There were
reports of trafficking in persons. Sierra Leone was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as an
observer.
There were some reports of abuses committed by former RUF rebels.
International aid groups believed that many girls who were abducted by
the RUF remained sex slaves during the year. Some young ex-combatants
still were dependent on their former RUF commanders for support.
There was no cross-border conflict between rebel forces and the
Guinean military. During the year, there were incursions into the
country by Liberian combatants. At times the combatants looted villages
and abducted inhabitants, reportedly to use them as porters.
RESPECT FOR MAN RIGHTSts
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Unlike in the previous year, there were no reports that forces
operating in support of the Government committed unlawful killings.
No action was taken against the CDF members responsible for the
June 2001 killing of three civilians during an attack in Kono district
or the June and July 2001 retaliatory attack by the RUF that resulted
in three deaths.
No action was taken against the members of the security forces
responsible for the following incidents in 2000: The May and June
killings of 27 persons in the towns of Makeni, Magburaka, and Kambia;
the July killing of civilians in Bunumbu during a helicopter gunship
attack; and the July execution of an RUF fighter who allegedly was
trying to surrender.
Two persons were killed during a demonstration, and alleged
eyewitnesses claimed UNAMSIL troops were responsible for the killings
(see Section 2.b.).
There were a number of deaths in custody during the year (see
Section 1.c.). In September one RUF member who was indicted for murder
died in custody.
No action was taken against the members of the Economic
Organization of West African States (ECOWAS) Monitoring Group (ECOMOG)
responsible for the January 2000 stabbing death of a civilian in a
market and the April 2000 killing of an ex-Sierra Leone Army (SLA)
soldier.
Unlike in the previous year, there were no reports that RUF members
were responsible for killings during the year or killed ex-combatants
who had fled the group. There also were no reports of mutilations that
led to deaths by rebel groups.
In March RUF leader Foday Sankoh and 49 RUF co-defendants were
indicted with 16 counts of murder and 54 counts of shooting with intent
to commit murder in connection with the 2000 incident outside Sankoh's
residence in Freetown in which 20 persons were killed and 80 persons
were injured. Thirty-one members of an ex-SLA splinter group called the
West Side Boys were charged with 11 counts of murder and 11 counts of
robbery with aggravation in connection with incidents that took place
in Port Loko District in 1999 and 2000. Sankoh, the 49 former RUF
rebels, and the indicted West Side Boys remained in detention awaiting
trial at Pademba Road Prison at year's end.
No action was taken against the RUF for the following incidents in
2001: The July killing of 22 persons in an attack on the village of
Henekuma; the August killing of 2 persons in an attack on the village
of Seria, in Koinadugu district; and the death of four former RUF
members, allegedly under orders from RUF chairman Issa Sesay.
No action was taken against the RUF rebels responsible for the
following killings in 2000: The April and May killings of U.N.
peacekeepers; the May killings of journalists Kurt Schork and Miguel
Gil Moreno; the June killings in the attack on Port Loko; and the
August killing of nine civilians in the village of Folloh. Although the
Special Court for Sierra Leone was expected to examine these incidents,
no further action was taken by year's end.
An international forensic investigation team visited alleged mass
gravesites throughout the country, including several sites in the Port
Loko district. Local residents claimed that the victims were civilians
executed by ex-Armed Forces Revolutionary Council (AFRC)/RUF members in
1999. Human Rights Officers from UNAMSIL and representatives from the
Special Court for Sierra Leone also visited several suspected mass
gravesites. In February a former RUF member reported that he had
witnessed 75 CDF members killed in an ``execution house'' in Kailahun
in 1998.
Unlike in the previous year, the Guinean army did not attack any
part of the country. The Guinean army continued to occupy disputed
territory in Yenga, Kailahun District. There was no further
verification of reports that Guinean soldiers bombed and shelled
villages in the Kambia District in 2001, killing or injuring many
civilians, and no action was taken against Guinean soldiers who
allegedly carried out these attacks. One Guinean commanding officer was
relieved from command after leading an attack against a just-
demobilized column of RUF soldiers at a disarmament site at Rokupr,
Kambia District in May 2001.
There was no action taken against Guinean armed forces that
reportedly participated in the following killings in 2001: The January
helicopter gunship attack on the town of Kamakwie that reportedly
killed 12 civilians; the February incident of Guinean artillery fire
that allegedly killed 4 civilians in Sabuya; the February killing of a
3-year-old girl in the village of Rokel; and the May killing of a small
child in Rokupr.
b. Disappearance.--With the demobilization and disarmament of the
RUF, there were no reports that RUF rebels abducted children, women, or
men as slaves or soldiers; however, some women and children remained in
captivity during the year. The RUF did not exert significant control
over the civilian population in any area of the country. The U.N.
estimated that rebel forces abducted approximately 20,000 persons
throughout the country during the 1991-1999 period. More than 10,000
victims were released and went through a formal reintegration process;
most of those released were children. Many others escaped; however,
former RUF rebels continued to hold some persons, including women and
children as laborers or sex slaves at year's end. Some human rights
monitors said that some of the women remained with their captors during
the year due to a lack of viable options and intimidation by their
captors (see Section 5). According to child protection officers from
nongovernmental organizations (NGOs), the Government was hindered
severely by a lack of resources and has taken little action to secure
their release. The Ministry of Social Welfare, Children, and Gender
maintained a database, with the help from UNICEF, which attempted to
track children separated from their families during the war.
There were no developments in the following disappearances in 2000:
The February abduction of 11 passengers by the RUF from a bus near
Masiaka; the July disappearance of a foreign worker following an attack
by the West Side Boys; the July abduction of 18 persons by the West
Side Boys during an attack on a bus; and the August kidnaping of 15
persons by the RUF during an attack on the village of Folloh.
During the year, Liberian combatants abducted persons in the
country. For example, on July 16, armed Liberian combatants abducted 28
persons from the villages of Mandavalahun, Sange, and Kolu in Kailahun
District. The combatants captured 31 villagers in the raid, but 3
escaped. On July 25, an armed group from Liberia abducted 18 persons
during a raid of the village of Kokobu, Kailahun District. The Liberian
combatants were thought to be using the villagers primarily as porters
for looted goods. RSLAF performed frequent border patrols to deter such
attacks, and UNAMSIL maintained a heavy presence in Kailahun District;
however, the border with Liberia was very porous, and cross-border
raids were difficult to stop completely.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, there
was one unconfirmed report of soldiers beating a person. There also
were reports that police accepted bribes and extorted money from
motorists. Unlike in the previous year, there were no reports that the
CDF beat or otherwise abused persons on behalf of the Government. The
conduct of the RSLAF continued to improve following reorganization and
increased training.
On February 12, two uniformed RSLAF soldiers allegedly beat two
former RUF combatants in the presence of two police officers. The
police officers allegedly did not intervene and accepted bribes from
the soldiers. RSLAF officials said that the two soldiers were former
SLA members and no longer were in military service. An SLP official in
the Criminal Investigations Division said that the men were RSLAF
members and made a formal request to the RSLAF to identify the
perpetrators.
During the year, there were frequent reports that SLP officers took
bribes at checkpoints, stopped and falsely charged motorists with
violations, and impounded vehicles in order to extort money. Unlike in
the previous year, there were no reports that drivers were beaten if
they refused to pay.
Unlike in the previous year, there were no reports that the
military or the CDF manned roadblocks and bridges to extort money.
There was no further information on the disciplinary action taken
against an SLA soldier who in 2001 reportedly beat a driver who refused
to pay at a roadblock on the road from Kabala to the Guinean border.
There was no action taken against the CDF members responsible for
beating, raping, or otherwise abusing the persons in the following
cases from 2000: The May and June injuring of 50 persons during gunship
attacks on the towns of Makeni, Magburaka, and Kambia; the July raping
of 3 women who were accused of transporting goods to rebel-held areas;
the August beating of 2 truck drivers because they could not produce
the requested bribe; and the October beating of a journalist.
There was no action taken against the relatives of the Minister of
Transport and Communication who allegedly beat a journalist, Mustapha
Bai Attila, in 2000.
No one was injured by landmines during the year; very few landmines
were used in the 11-year conflict.
A policeman allegedly raped a minor girl at the Jembe refugee camp.
SLP personnel were removed from the camp during the investigation;
however, the alleged perpetrator died and the case was closed.
During the year, there were reports that UNAMSIL soldiers raped
persons. For example, on June 26, a UNAMSIL soldier allegedly raped a
14-year-old boy in Jui, Western Area. Although there was strong
circumstantial and physical evidence that the rape occurred, 10 days
after the alleged rape a UNAMSIL investigation did not find convincing
physical evidence to validate the boy's allegation. The UNAMSIL soldier
later was sent home, and UNAMSIL sent details of the allegations and
findings to the soldier's government.
In April two UNAMSIL soldiers allegedly raped a woman in Joru,
Kenema District. International human rights monitors talked to
eyewitnesses who supported the victim's claim. UNAMSIL representatives
said they carried out an investigation, although international human
rights monitors claimed that the investigation was insufficient.
UNAMSIL instituted a Personnel Conduct Committee to receive complaints
on conduct impropriety. The UNAMSIL Human Rights Section held training
sessions for peacekeepers on sexual abuse.
No action was taken against the ECOMOG employee who injured a
person during an argument over a stolen vehicle in 2000.
Unlike in the previous year, there were no beatings, rapes, or
abductions of women or refugees committed by organized groups of former
combatants; however, it was likely that such crimes were committed by
individual ex-combatants including former RUF rebels. In previous
years, the RUF committed numerous abuses, including abductions,
torture, beatings, and rapes, including gang rapes. There also were no
reports of deliberate mutilations during the year. UNAMSIL began
systematic investigations of amputees, tracking and monitoring
individual amputation cases and compiling statistics. U.N. officials
and humanitarian organizations estimated that hundreds if not thousands
of persons, including children, had one or both limbs amputated over
the decade-long conflict. There were no more reports of RUF rebels
carving the initials ``RUF'' into the skin of civilians. During the
year, a U.S.-based plastic surgeon removed the ``RUF'' scars from many
victims.
In September Foday Sankoh and 49 other RUF members appeared in High
Court. The trial was postponed throughout the year, and the cases of
Sankoh and his co-defendants had not been heard (see Section 1.a.).
No action was taken against RUF rebels who committed human rights
abuses in 2001, including extortion, beatings, and rapes. No action was
taken against RUF members who in April 2001 beat and killed a woman and
beat her stepson in Seidu, Kono District.
There was no reported action taken against the RUF rebels who beat,
raped, or otherwise abused the persons in the following cases from
2000: The February beating of 15 RUF combatants who tried to join the
disarmament process; the March abduction and injuring of Aaron Kargbo
and Aruna Sherrif, both Adventist Development and Relief Agency staff
members; the April and May abduction of U.N. peacekeepers; and the May
injuring of at least 1 civilian during a confrontation between British
paratroopers and RUF rebels at Lungi Lo.
There were no developments on the unconfirmed reports that Guinean
troops operating in the country amputated the limbs of suspected RUF
members in 2001.
Prison conditions improved significantly during the year.
International human rights monitors who visited Pademba Road maximum-
security prison reported that conditions there were good, with adequate
access to food, medical care, recreation, and vocational skills
training. In July human rights monitors reported that prisons in Bo and
Moyamba were generally good; however, a prison in Kenema suffered from
overcrowding, and access to medical facilities was limited. In October
a rebuilt detention facility opened in Kono District. Many of the
problems that remained in prisons were a result of the poor state of
the judicial system. A large backlog of cases led to problems with
overcrowding. The Pademba Road prison, which was designed for 325
prisoners, routinely housed hundreds more. There were no reports that
prisoners were held incommunicado, although it was government policy to
forbid family visits to prisoners at Pademba Prison except in
exceptional circumstances and on a case-by-case basis. According to
international monitors, the mortality rate in Pademba Prison was within
acceptable actuarial norms. Male and female prisoners were housed
separately. Adults and juveniles were incarcerated together. Conditions
in the holding cells in police offices were extremely poor. Pretrial
detainees were held with convicted prisoners. There were no reports
that prison guards tortured or beat former RUF members in prison. There
was no further investigation into the March 2001 killings at Pademba
Prison.
International monitors, including UNAMSIL and the International
Committee for the Red Cross (ICRC), had unrestricted access to visit
Pademba Prison and other detention facilities. The ICRC and UNAMSIL
doctors visited and monitored the health of former RUF leader Foday
Sankoh, who was said to be in poor health. At least one local human
rights group claimed that it could not get unrestricted access to the
prisons.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily. The law
requires warrants for searches and arrests in most cases. There were
adequate judicial protections against false charges, and detainees had
the right of access to family or counsel, although family visits were
restricted at maximum-security Pademba Prison (see Section 1.c.). On
March 1, the Government lifted the state of emergency, under which many
of these protections were suspended. Some detainees had not been
informed of their legal status, and had no access to legal advice.
There were provisions for bail and there was a functioning bail system.
Many criminal suspects were held for months before their cases were
examined or formal charges were filed. A number of prisoners in custody
had not seen a judge since 1999 and 2000 (see Section 1.e.).
Following the demobilization of the CDF, there were no reports that
CDF members arrested or detained persons during the year.
In July and August, four Liberian children were detained without
charge at Pademba Road Prison and then released.
Following the lifting of the state of emergency, a large number of
persons detained without charge were released or charged accordingly.
At year's end, there were 18 persons who were detained for more than 2
years without charge; 17 were former SLA members and 1 was a former SLP
officer.
On September 25, the Government expelled David Bropley, a Liberian
ex-combatant, to Denmark for conducting ``activities incompatible with
his refugee status.'' Bropley had been in detention for 1 month prior
to his expulsion.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the judiciary continued to function
only in part of the country. The judiciary began to reestablish
operations in areas that were abandoned during the war, although there
still were large parts of the country without judicial institutions.
The judiciary demonstrated substantial independence in practice but at
times was subject to corruption.
The judicial system consisted of the Supreme Court, appeals courts,
and a high court whose justices were chosen by the President. Local
courts administered traditional law with lay judges; appeals from these
lower courts moved to the superior courts.
Although the Constitution and the law provide for a speedy trial,
in practice the lack of judicial officers and facilities often produced
long delays in the judicial process. Trials were usually fair; however,
there was evidence that corruption influenced some cases. A majority of
cases on the magistrate level were prosecuted by police officers, many
of whom had little or no formal legal training. In 2000 the Armed
Forces of the Republic of Sierra Leone (Amendment) Act reinstated the
right of members of the armed forces to appeal a sentence handed down
by a court-martial to the Court of Appeal.
Traditional justice systems continued to supplement extensively the
central government judiciary in cases involving family law,
inheritance, and land tenure, especially in rural areas. In Kono
District there were reports that former CDF and Movement of Concerned
Kono Youth (MOCKY), held informal courts to settle disputes among area
residents, typically those who were not satisfied with the results of
the legal judicial system. MOCKY representatives denied these reports
and said that they catalogued disputes and brought them for referral to
the proper authorities.
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 in
practice.
In March the Government lifted the state of emergency, under which
the Government permitted searches without warrants and established a
nightly curfew.
In February former RUF commanders in Tongo Fields, Kenema District
reported that youths from the Lower Bambara chiefdom tried to drive
them out of the area. The ex-RUF commanders alleged that the youths
were former CDF members under the influence of the Acting Paramount
Chief. The youths allegedly harassed persons in Tongo Fields and
imposed fines and taxes.
On July 6, approximately 100 persons destroyed dozens of homes in
Kokwima, Kono District. Local chiefs and MOCKY allegedly carried out
the attacks in an effort to rid the Kono area of non-Kono persons.
MOCKY representatives claimed that individuals from Tankoro, Kono
District destroyed the homes because police had failed to respond to
reports that the dwellings were being used to traffick drugs. An
individual who owned land on which many of the homes were built said
that the only homes spared belonged to Konos.
Unlike in the previous year, there were no instances of rebel
forces invading, looting, or destroying private property.
Unlike in the previous year, there were no reports that rebel
forces kidnaped and forcibly conscripted children (see Section 5).
There was no action taken on unconfirmed reports that in March 2001
RUF fighters forcibly conscripted civilians in Makeni into the Poro
Society, one of several secret societies in the country tied to
indigenous beliefs and rituals, and forced them to join the RUF.
On July 21, five armed Liberians reportedly looted the villages of
Kokobu and Gbandoma.
Unlike in the previous year, there were no reports that Guinean
troops destroyed private property or burned 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; however, the Government at times
limited these rights in practice. During the year, there were no bans
on any newspapers, and no radio station was shut down for failure to
pay fees. Unlike in the previous year, security forces did not harass
journalists. The written press and radio generally reported on security
matters, corruption, and political affairs without interference.
More than 50 newspapers were published in Freetown during the year,
covering a wide spectrum of interests and editorial opinion. Most of
the newspapers were independent of the Government, and several were
associated with opposition political parties. The number of newspapers
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.
The Independent Media Commission (IMC) regulated independent media
outlets. Although it was an independent body, some media observers
alleged that the Government influenced it. In March the IMC ordered the
editor of the African Champion newspaper to stop publication and cease
editorial functions for 2 months in response to two articles printed on
February 6 and 11 that accused President Kabbah's son of using a
Consul's diplomatic status to escape import duties. The IMC said the
editor, Mohammed Koroma, had to cease publication until an
investigation was complete. Koroma ignored the demand on the grounds
that the IMC did not have the legal right to demand his suspension. The
IMC charged Mohamed Koroma to the High Court, but the case had not been
heard by year's end.
In November Paul Kamara, editor of the For Di People newspaper, was
sentenced to 6 months in prison for defaming a local judge. The court
sent a letter to the President recommending the banning of the paper
for 6 months, however, the ban was not implemented by year's end.
International press rights groups called for the repeal of the criminal
libel law under which Kamara was charged.
There was no action taken against police forces that detained and
interrogated the editor of the Democrat newspaper in February 2001.
There was no further development on the rumors of ``killing
squads'' that allegedly targeted a list of seven journalists in
September 2001.
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.
In February the IMC instituted a $2,000 (4 million Leones) annual
license fee for single channel radio stations. Radio journalists and
media monitors claimed that this fee was prohibitively expensive, and
if enforced would limit severely the number of independent radio
stations. The IMC threatened to close any radio station that did not
pay the fee. At year's end, no stations had been closed.
The parastatal Sierratel communications company exercised a
monopoly over Internet access in the country. The lack of competition
and the poor condition of telephone lines often made Internet
connectivity problematic.
The Government did not restrict academic freedom. All institutions
of higher learning were open during most of the year; however,
university infrastructure destroyed during the conflict was not yet
restored fully by year's end.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected this right in practice.
Several large demonstrations took place during the year, including
demonstrations involving thousands of persons before the May elections.
Although some demonstrations were marred by violence, most were
relatively peaceful. At times UNAMSIL forces backed up government
security forces in dealing with demonstrations.
The Government did not ban any demonstrations during the year.
On July 18, two persons were killed in demonstrations relating to
the death of a well-known Fullah moneychanger in Freetown. A large
crowd took the body of the moneychanger from the morgue and paraded it
in the streets. UNAMSIL troops were deployed to key areas in central
Freetown for security reasons. According to UNAMSIL, when the crowd
became aggressive, UNAMSIL troops employed a combination of persuasion,
crowd dispersal tactics, and firing of warning shots in the air. A
consortium of domestic human rights NGOs investigated the incident and
determined through alleged eyewitness accounts that UNAMSIL troops
directly fired into the crowd, killing two civilians. A UNAMSIL
investigation into the incident found no conclusive evidence as to how
the individuals were killed.
RUF members who opened fire on demonstrators in 2000, killing at
least 20 persons and injured 80 others, remained in detention at year's
end (see Section 1.a.).
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. There were
numerous civic, philanthropic, and social organizations, and the
registration system was routine and nonpolitical. No known restrictions
were applied to the formation or organization of the 16 opposition
political parties and the more than 60 registered civic action NGOs. In
2001 21 political parties were registered; during the year, 16
political parties were registered. Some parties were integrated into
other parties, such as the Grand Alliance Party. In 2001 the RUF
alleged that the Government prevented the establishment of an RUF
political party as called for in the Lome Accord. However, during the
year the RUF registered as a political party, changed their name to the
Revolutionary United Front Party (RUFP), and fielded presidential and
parliamentary candidates.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, there were frequent reports that SLP officers manned
roadblocks and stopped motorists to extort money from travelers (see
Section 1.c.). Unlike in the previous year, there were no reports of
RUF rebels or CDF members manning roadblocks.
Approximately 247,000 internally displaced persons (IDPs) remained
at year's end. Some IDPs were housed in camps, but many lived in
Freetown. Residents who feared that their homes would not be safe
strongly resisted government attempts to close IDP camps. The large
influx of IDPs and the lack of resources caused tension between local
residents and IDPs; however, there were no reported incidents of
violence. There were numerous reports that refugees and IDPs returned
to find their homes occupied.
Approximately 135,000 refugees repatriated during the year. An
estimated 70,000 persons remained in refugee camps in Guinea and
Liberia; smaller numbers remained in Cote d'Ivoire, the Gambia, Ghana,
and other countries and were likely to integrate locally in those
countries.
Unlike in the previous year, there were no cross-border actions by
the RUF in Guinea that contributed to the return of refugees from
Guinea. Unlike in the previous year, there were no reports that the RUF
raped, abducted, and killed refugees returning to the country from
camps in Guinea.
The law does not provide 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. However, in practice the Government
cooperated with the U.N. High Commissioner for Refugees (UNHCR) and
other organizations on repatriation matters and continued to provide
first asylum to an increasing number of Liberians who had fled the
conflict in their home country. UNHCR reported that more than 50,000
Liberian refugees entered the country by year's end. Some camps such as
Jendema Camp at times were not able to provide adequate food or shelter
for the influx of refugees, which caused border areas to become
unstable. However, at year's end, conditions in all camps were
described as adequate.
The U.N. conducted an investigation into reports in 2001 of
widespread sexual abuse of refugees in the Mano River Union, including
Sierra Leone. The U.N. investigation found no evidence to support
earlier claims of widespread abuse, but did confirm the report of the
rape of a 14-year old returnee in Jui (see Section 1.c.). Other
international aid workers reported that several cases of abuse and
exploitation of refugees by aid workers took place throughout the year.
The Liberian border officially closed at times during the year due
to the civil conflict in Liberia; however, authorities permitted
refugees, returnees, and other persons to move between the two
countries regularly. There were some unconfirmed reports of bribery or
coercion at border crossing points, although UNHCR reported that the
Government did not hinder or refoule those seeking asylum. At year's
end, the border was open for all travel.
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; however, the May elections were marred by some
irregularities.
In 2001 the Government extended the term of Parliament and the
President by 6 months in response to the ``state of war'' in the
country. In December 2001, Parliament voted to amend the Constitution
in order to modify the electoral system. The amendments also extended
President Kabbah's term of office until July. On March 29, Parliament
was dissolved until the May elections.
During the year, the Government facilitated the RUF's re-
registration as a political party, the RUFP. The Government did not
allow Foday Sankoh to run as the RUFP Presidential candidate, citing a
law that required candidates to be registered to vote and to file
personally their candidacy with the National Electoral Commission
(NEC). RUFP leadership said that Sankoh's registration was not possible
because he was in government custody. The RUF alleged that the
Government unfairly was trying to ward off a potential threat in the
elections, because Sankoh had considerable name recognition and support
in the country.
On January 24, the Government began voter registration for the May
elections; however, there were reports that the Government's voter
registration efforts were unbalanced, with more support going to areas
that were dominated by the SLPP. There were widespread reports of
underage voter registration.
On May 14, presidential and parliamentary elections were held.
Eleven political parties were represented in the elections. President
Kabbah of the SLPP was reelected with 70 percent of the popular vote.
The RUFP fielded presidential and parliamentary candidates but
performed poorly, winning only 1.7 percent of the vote. In Parliament
the SLPP won 83 seats; only 2 other parties won seats. Only the SLPP
was represented in the Cabinet after two cabinet members, who were
earlier considered to be independent, joined the SLPP following the
elections. Many international monitors declared the elections free and
fair; however, there were credible reports of significant abuse of
incumbency, manipulation of vote counting, and partisan action by the
NEC. There also were reports of voter coercion by party bosses and
traditional leaders. These abuses reportedly did not affect
substantially the overall outcome of the election.
There were reports of significant problems on election day. Voter
eligibility rules were changed during the course of election day. Early
in the day, voters whose names did not appear on registration lists but
who held voter cards were allowed to vote. Later in the day, the NEC
changed the rule, which led to confusion in some polling stations. One
district, Pujehun, reported a 104 percent voter turnout. In the
southern and eastern districts, results showed that opposition parties
received zero votes in some areas, which was not credible given the
observed participation in the election of opposition supporters in
those districts.
Locally elected councils and a traditional chieftain system
controlled local government. Local elections, which were to have taken
place in 1999, again were postponed.
It was estimated that approximately 40 percent of women in the
country voted and represented 13 percent of the candidates in the May
elections. Sixteen women won seats in the 112-seat Parliament. There
were three women in the Cabinet and one in the Supreme Court. A
significant number of women were employed as civil servants.
No statistics were available concerning the distribution of votes
among minorities. Only citizens could vote. The Constitution restricts
the acquisition of citizenship at birth to persons of ``patrilineal
Negro-African descent.'' Since legal requirements for naturalization
effectively denied citizenship to many long-term residents, a large
number of persons of Lebanese origin, who were born and resided in the
country, could not vote (see Section 5). There was a small percentage
of the Lebanese population who had been naturalized and did vote,
although the exact figure was unknown. There were no ethnic Lebanese
members of Parliament.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated with few government restrictions, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. National
Forum for Human Rights (NFHR) served as an umbrella organization for
human rights groups in the country. More than 30 human rights NGOs were
registered with NFHR, although only approximately 20 of these were said
to be active. The majority of domestic human rights NGOs focused on
human rights education, while only a few NGOs actively monitored and
reported human rights abuses. The Campaign for Good Governance (CGG)
oversaw widespread monitoring activities and has monitored human rights
abuses in every province since 2000. CGG also undertook a conflict-
mapping exercise that recorded more than 1,000 testimonies of victims
and perpetrators of abuses during the war. The final report of this
exercise was given to the Truth and Reconciliation Commission (TRC) and
Special Court for use in carrying out these two institutions'
respective mandates.
For the first time in years, human rights monitors were able to
travel freely in previously rebel-held areas. Intensive reporting, data
collection, and investigations started in these formerly inaccessible
areas. Representatives of various international NGOs, foreign
diplomats, the ICRC, and U.N. human rights officers were able to
monitor trials and to visit prisons and custodial facilities during
most of the year; however, the Government on occasion attempted to
restrict such visits (see Section 1.c.).
UNAMSIL continued to operate regional human rights offices in the
provincial capitals of Bo and Makeni in addition to the UNAMSIL Human
Rights section in Freetown.
In July the U.N. Special Court for Sierra Leone, whose role is to
try those who ``bear the greatest responsibility for the commission of
crimes against humanity, war crimes, and serious violations of
international humanitarian law,'' began operations and was given 3
years to complete its mandate. By year's end, investigations had begun
and construction had begun on court facilities in Freetown. It was not
known when the first indictments would be made.
The TRC provided a forum for publicly airing the grievances of
victims and the confessions of perpetrators from the civil war. The TRC
began with three interim secretariats who initiated preparations for
eventual public hearings. The TRC was delayed, partly by a lack of
funding, but was expected to begin public hearings in March 2003. In
the interim, commissioners and staff began an education campaign
throughout the country. The TRC suffered from management problems that
delayed the Commission's start date and resulted in the dismissal of
nearly the entire interim secretariat staff. OHCHR provided an interim
administer in December to oversee a renewed hiring process. On December
4, 70 statement takers began collecting narratives throughout the
country.
The U.N. and numerous NGOs, both domestic and international,
continued to educate and sensitize the population about the TRC and the
Special Court for Sierra Leone, and the Government supported these
efforts.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination against women and
provides for protection against discrimination on the basis of race and
ethnicity; however, residents of non-African descent, particularly the
Lebanese community, faced institutionalized political restrictions on
the acquisition of citizenship.
Women.--Domestic violence against women, especially wife beating,
was common. The police were unlikely to intervene in domestic disputes
except in cases involving severe injury or death. In rural areas,
polygyny was common. Women suspected of marital infidelity often were
subjected to physical abuse. Frequently women were beaten until they
divulged the names of their partners. Because husbands could claim
monetary indemnities from their wives' partners, the beatings often
continued until the woman named several men even if there were no such
relationships. There also were reports that women suspected of
infidelity were required to undergo animistic rituals to prove their
innocence.
Rape was recognized as a societal problem and was punishable by up
to 14 years imprisonment. Cases of rape were underreported and
indictments were rare, especially in rural areas. There were reports
that former rebel forces continued to force women and girls to act as
sex slaves. Medical or psychological services for rape victims were
very limited. There were reports of the sexual abuse of refugees in
refugee camps (see Section 2.d.).
FGM was practiced widely at all levels of society, although with
varying frequency. The less severe form of excision was practiced.
UNICEF and other groups estimated that 80 to 90 percent of women and
girls had undergone the practice; however, local groups believed that
this figure was overstated. FGM was practiced on girls as young as 5
years old. No law prohibits FGM. A number of NGOs worked to eradicate
FGM and to inform the public about its harmful health effects. However,
active resistance by women's secret societies, in which FGM commonly
occurred as part of initiation rites, countered the well-publicized
international efforts against FGM.
On July 31, SLP officers arrested 10 women in Freetown in
connection with the death of a 14-year-old girl following an FGM rite.
The girl reportedly was found lying on the ground, bleeding from her
genital area. All 10 women were suspected to be members of the Bundu
secret society.
Prostitution was widespread. Many women and girls, particularly
those displaced from their homes and with few resources, resorted to
prostitution as a means to support themselves and their children.
The Constitution provides for equal rights for women; however, in
practice women faced both legal and societal discrimination.
In particular their rights and status under traditional law varied
significantly depending upon the ethnic group to which they belonged.
The northern Temne and Limba tribes gave greater rights to women to
inherit property than did the southern Mende tribe, which gave
preference to male heirs and unmarried daughters. In the Temne tribe,
women could not become paramount chiefs; however, in the Mende tribe,
there were several female paramount chiefs. Women did not have equal
access to education, economic opportunities, health facilities, or
social freedoms. In rural areas, women performed much of the
subsistence farming and had little opportunity for formal education.
Women were active in civic and philanthropic organizations.
Domestic NGOs such as 50/50 and Women's Forum raised awareness of
gender equality and women's issues and encouraged women to enter
politics as candidates for Parliament.
Children.--The Government was committed to improving children's
education and welfare; however, it lacked the means to provide them
with basic education and health services. The Ministry of Social
Welfare, Gender, and Children's Affairs had primary responsibility for
children's issues.
The law requires school attendance through primary school. Schools,
clinics, and hospitals throughout the country were looted and destroyed
during the 11-year insurgency; most were not rebuilt by year's end. A
large number of children received little or no formal education.
Schools were financed largely by formal and informal fees, but many
families could not afford to pay them. The average educational level
for girls was markedly below that of boys, and only 6 percent of women
were literate. At the university level, male students predominated.
FGM was performed commonly on girls (see Section 5, Women).
More than 6,000 child soldiers served alongside adults on both
sides during the civil conflict, but in greater numbers on the rebel
side. Some observers estimated that there were almost twice that many
child soldiers. In 2001 the recruitment of children for military
service by the CDF and the kidnaping and forced conscription of
children into rebel forces ceased.
The National Commission for Disarmament, Demobilization, and
Reintegration listed 6,845 demobilized child combatants. Girls
represented 8 percent of demobilized child soldiers, and 30 percent of
reunified noncombatant separated children. Because U.N. and human
rights monitors estimated that girls represented 50 percent of those
abducted during the war and there were reports that the rebels released
disproportionate numbers of boys, these groups fear that many girls
continued to be held as sex slaves. UNICEF reported in August that
almost 7,000 children, including nearly 5,000 ex-combatants and nearly
2,000 noncombatant separated children, had been reunified with their
families. More than 3,500 children of both groups were engaged in
formal and informal education programs. Others were in special
transitional centers, which were designed to help provide for their
unique mental and emotional needs prior to reunification with their
families. There continued to be reports that some families and
communities rejected the returnees because of their perceived
involvement in rebel atrocities. Child protection agencies reported
that hundreds of boys and girls did not participate in the formal
demobilization process. Locating the families of released child
combatants often was difficult, and some did not want to assume
responsibility for their children, some of whom were mentally and
emotionally incapable of rejoining their families.
Persons with Disabilities.--There was no outright discrimination
against persons with disabilities in housing or education; however,
given the high rate of general unemployment, work opportunities for
persons with disabilities were few. Public facility access and
discrimination against persons with disabilities were not considered
public policy priorities. Although a few private agencies and
organizations attempted to train persons with disabilities in useful
work, there was no government policy or program directed particularly
at persons with disabilities. No law mandates accessibility to
buildings or provides assistance to persons with disabilities. In May
the Government made some effort to facilitate access to voting for
persons with disabilities, particularly for the blind.
Some of the numerous individuals maimed in the fighting, or had
their limbs amputated by rebel forces, received special assistance from
various local and international humanitarian organizations. Such
programs involved reconstructive surgery, prostheses, and vocational
training to help them acquire new work skills; however, amputees
complained that they did not receive sufficient assistance compared to
ex-combatants, who received assistance through the demobilization
process. Although the Lome Accord also called for the creation of a
special fund to implement a program for rehabilitation of war victims,
the fund had not yet been established by year's end. Attention to
amputees increased the access of other persons with disabilities to
health care and treatment.
National/Racial/Ethnic Minorities.--The ethnically diverse
population consisted of at least 13 ethnic groups. These groups all
spoke distinct primary languages and were concentrated outside urban
areas; however, all ethnic groups used Krio as a second language.
Little ethnic segregation was apparent in urban areas. Interethnic
marriage was common. The two largest ethnic groups were the Temne in
the north and the Mende in the south. Each of these groups was
estimated to make up approximately 30 percent of the population. There
were reports of interethnic tension (see Section 1.f.).
Ethnic loyalty remained an important factor in the Government, the
armed forces, and business. Complaints of ethnic discrimination in
government appointments, contracts, military commissions, and
promotions were common.
Residents of non-African descent faced institutionalized political
restrictions (see Section 3). Legal requirements for naturalization,
such as continuous residence in the country for 15 years or the past 12
months and 15 of the previous 20 years, effectively denied citizenship
to many long-term residents, notably members of 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. Approximately 60 percent of
the workers in urban areas, including government workers, were
unionized, but attempts to organize agricultural workers and
mineworkers have met with little success. All labor unions generally
joined the Sierra Leone Labor Congress (SLLC), but membership was
voluntary. There were no reliable statistics on union membership, but
membership numbers declined as a percentage of all workers because of
the virtual collapse of the small manufacturing sector. Police and
members of the armed services were prohibited from joining unions.
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 could 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 rejected an application, the decision could be appealed
in the ordinary courts, but applicants seldom took such action.
The law does not prohibit antiunion discrimination against workers
or employer interference in the establishment of unions; however, there
were no reports of such cases during the year. An employee fired for
union activities could file a complaint with a labor tribunal and seek
reinstatement. Complaints of discrimination against trade unions were
made to a tribunal.
Unions were free to form federations and to affiliate
internationally. The SLLC was a member of the International
Confederation of Free Trade Unions (ICFTU).
b. The Right to Organize and Bargain Collectively.--The 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 had an equal number of
employer and worker representatives. Most enterprises were covered by
collective rgaining agreements on wages and working conditions. The
SLLC provided assistance to unions in preparations for negotiations; in
the case of a deadlock, the Government could intervene. The Industrial
Court for Settlement of Industrial Disputes began hearing cases in
2000; although most cases involving industrial issues continued to go
through the normal court system, the Industrial Court heard more than
50 cases during the year.
Workers had the right to strike, although the Government could
require 21 days' notice. There were several significant strikes in the
public sector during the year. Most notably teachers and doctors went
on strike over wages and unpaid salaries in the form of work stoppages
and sick-outs. Teachers, doctors, and nurses went on strike during the
year. Teachers struck in January, and nurses and doctors struck in
February and March. According to the president of Sierra Leone Nurses'
association, the Government eventually accepted 80 percent of the
nurses' demands. Workers from Sierratel, a telecommunications
parastatal, went on strike over refunds of pension benefits.
No law prohibits retaliation against strikers, even for a lawful
strike; however, the Government did not take adverse action against the
employees and paid some of them back wages.
There were no export processing zones (EPZs).
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced and bonded labor, including by children; however,
forced labor remained a problem. Under the Chiefdom's Council Act,
individual chiefs could impose forced labor as punishment, and have
done so in the past. They also could require members of their villages
to contribute to the improvement of common areas. This practice
occurred only in rural areas. There was no penalty for noncompliance.
There were reports of some bonded labor, possibly including labor by
children, in rural areas.
Some women and girls, although in significantly less numbers than
before, allegedly remained as sex slaves with former RUF rebels (see
Section 5). There were reports that former RUF commanders continued to
force children to mine diamonds (see Section 6.f.).
Liberian forces abducted persons for forced labor (see Section
1.b.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The official minimum age for employment was 18 years;
however, children between the ages of 12 and 18 years could work in
certain non-hazardous occupations, provided that they had parental
consent. Due to a severe lack of resources, the Government was unable
to implement these laws.
Children routinely assisted in family businesses and worked as
petty vendors. Adults employed a large number of street kids to sell,
steal, and beg. In rural areas, children worked seasonally on family
subsistence farms. Hundreds of children, including those 10 years old
and younger, mined in alluvial diamond fields. A majority of these
children worked for relatives; however, some reportedly worked for
former RUF commanders.
Because the adult unemployment rate remained high, few children
were involved in the industrial sector. Foreign employers hired
children to work as domestic laborers overseas at extremely low wages
and in poor conditions. The Department of Foreign Affairs and
International Cooperation was responsible for reviewing overseas work
applications to see that no one under the age of 14 was employed for
this purpose; however, the reviews were not effective.
The Constitution prohibits forced and bonded labor by children;
however, such practices continued to exist (see Section 6.c.).
e. Acceptable Conditions of Work.--The minimum wage was
approximately $10.50 (21,000 Leones) per month; it had not been
adjusted since 1997. The minimum wage was not sufficient to provide a
decent standard of living for a worker and family. Most workers
supported an extended family, often including relatives who were
displaced by the insurgency in the countryside. It was common to pool
incomes and to supplement wages with subsistence farming and child
labor (see Section 6.d.).
The Government's suggested workweek was 38 hours, but most
workweeks exceeded that figure.
Although the Government set health and safety standards, it lacked
the funding to enforce them properly. Trade unions provided the only
protection for workers who filed complaints about working conditions.
Initially a union could make a formal complaint about a hazardous
working condition; if this complaint were rejected, the union could
issue a 21-day strike notice. If workers were to remove themselves from
dangerous work situations without making a formal complaint, they
risked being fired.
The law protects both foreign and domestic workers; however, there
were fewer protections for illegal foreign workers.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports that persons were trafficked from
and within the country. Child prostitution was a problem (see Section
5). With the end of the war and the demobilization of child soldiers,
trafficking in persons lessened significantly. The Government
acknowledged unconfirmed reports of limited trafficking withing and
from the country; however, it lacked resources to address the problem
adequately. There were no figures available on the extent of the
trafficking problem.
During the year, the Government compelled the RUF to disarm,
demobilize, and release its child soldiers; however, there were
concerns that a significant number of children remained with their
captors. It was likely that small groups of previously captured women
and girls continued to be forced to act as sex slaves (see Section 5).
Unlike in the previous year, there were no reports that rebels
abducted persons to work as servants or laborers in the diamond fields;
however, there were reports that former RUF commanders continued to use
children to mine diamonds. The Government had not yet asserted complete
control over the diamond fields by year's end.
In July Liberian soldiers abducted men, women, and children and
used them as porters and other unknown purposes (see Section 1.b.).
__________
SOMALIA \1\
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\1\ The United States does not have diplomatic representation in
Somalia. This report draws in part on non-U.S. Government sources.
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Somalia has been without a central government since its last
president, dictator Mohamed Siad Barre, fled the country in 1991. In
May 2000, in Arta, Djibouti, delegates representing all clans and a
wide spectrum of Somali society participated in a ``Conference for
National Peace and Reconciliation in Somalia.'' The Conference adopted
a charter for a 3-year Transitional National government (TNG) and
selected a 245-member Transitional National Assembly (TNA), which
included 24 members of Somali minority groups and 25 women. In August
2000, the Assembly elected Abdiqassim Salad Hassan as Transitional
President. Administrations in the northwest (Somaliland) and northeast
(Puntland) of the country do not recognize the results of the Djibouti
Conference, nor do several Mogadishu-based factional leaders. Serious
interclan and intraclan fighting continued to occur in parts of the
country, notably in Puntland, the central regions of Hiran and Middle
Shabelle, the southern regions of Bay, Bakol, Gedo, Lower Shabelle,
Middle Juba, Lower Juba, and in Mogadishu. In Baidoa, the Rahanweyn
Resistance Army (RRA) which controls Bay and Bakol splintered,
resulting in continued fighting by RRA leaders to assert control over
Baidoa. No group controlled more than a fraction of the country's
territory. The Inter-Governmental Authority for Development (IGAD)
sponsored a reconciliation conference led by Kenya, in association with
Ethiopia and Djibouti. All major political and military leaders
attended as well as elders, religious leaders, and members of civil
society. There was no national judicial system.
Leaders in the northeast proclaimed the formation of Puntland in
1998. Puntland's leader, Abdullahi Yusuf, publicly announced that he
did not plan to break away from the remainder of the country; however,
the Puntland Administration did not participate in the Djibouti
Conference or recognize the TNG that emerged from it. In July 2001,
Yusuf announced his refusal to abide by the Constitution and step down.
This led to a confrontation with Chief Justice Yusuf Haji Nur, who
claimed interim presidential powers pending elections. In November
2001, traditional elders elected Jama Ali Jama as the new Puntland
President. Yusuf refused to accept the elders' decision, and in
December 2001, he seized by force the town of Garowe, reportedly with
Ethiopian support. Jama fled to Bosasso. In early May, Yusuf seized
Bosasso and controlled Puntland in general. Forces loyal to Puntland
president Jama Ali Jama withdrew from Bosasso without a fight. Both
Yusuf and Jama continued to claim the presidency, and there were
continued efforts to resolve the conflict at year's end. A ban on
political parties in Puntland remained in place.
In the northwest, the Republic of Somaliland continued to proclaim
its independence within the borders of former British Somaliland.
Somaliland has sought international recognition since 1991 without
success. Somaliland's government included a parliament, a functioning
civil court system, executive departments organized as ministries, six
regional governors, and municipal authorities in major towns. During
the year, Somaliland continued to be stable. In January the House of
Elders extended the life of the Parliament for 1 year and postponed
elections. On December 15, municipal elections were held, and more than
440,000 voted out of a population believed to be 2.5 million. A total
of 379 local councilors were elected. Presidential and parliamentary
elections are expected to take place in mid-2003. In May President Egal
died, and his vice-president, Dahir, was sworn in as president within a
week.
Clan and factional militias, in some cases supplemented by local
police forces continued to function with varying degrees of
effectiveness in the country. In Somaliland more than 60 percent of the
budget was allocated to maintaining a militia and police force composed
of former troops. The TNG had a 3,500-officer police force and a
militia of approximately 5,000 persons. During the year, demobilization
ceased due to lack of funding. Police and militia members committed
numerous and serious human rights abuses throughout the country.
The country's population was estimated to be between 7 and 8
million. The country was very poor with a market-based economy in which
most of the work force was employed as subsistence farmers, agro-
pastoralists, or pastoralists. The principal exports were livestock and
charcoal; there was very little industry. Insecurity and bad weather
continued to affect the country's already extremely poor economic
situation. A livestock ban by Saudi Arabia continued and seriously
harmed an already devastated economy. The country's economic problems
continued to cause severe unemployment and led to pockets of
malnutrition in southern areas of the country.
The country's human rights record remained poor, and serious human
rights abuses continued. Citizens' did not have the right to change
their government because of the absence of an established central
authority. Numerous civilians were killed in factional fighting,
especially in Gedo, Bay, Bakol, Hiran, Lower Shabelle, Middle Shabell,
Middle Juba, Lower Juba, and in Mogadishu and Bosasso. Kidnaping
remained a problem, particularly in Mogadishu where a number of Somali
U.N. workers were kidnaped. Landmines resulted in several deaths.
Prison conditions remained harsh and life threatening. Arbitrary arrest
and detention remained problems. In most regions, the judicial system
relied on some combination of traditional and customary justice,
Shari'a (Islamic) law, and the pre-1991 Penal Code. Citizens' privacy
rights were limited. There were restrictions on the freedoms of speech,
press, assembly, association, religion, and movement. Violence and
discrimination against women, including the nearly universal practice
of female genital mutilation (FGM), continued. Abuse of children
remained a problem. Abuse and discrimination against ethnic and
religious minorities in the various clan regions persisted. There was
no effective system for the protection of workers' rights, and there
were isolated areas where local gunmen forced minority group members to
work for them. Child labor and trafficking remained problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Political violence
and banditry have been endemic since the 1991 revolt against Siad
Barre. Since that time, tens of thousands of persons, mostly
noncombatants, have died in interfactional and interclan fighting. The
vast majority of killings throughout the year resulted from clashes
between militias or unlawful militia activities; several occurred
during land disputes, and a small number involved common criminal
activity. The number of killings continued as a result of interclan and
intraclan fighting between the following groups: The RRA and TNG; the
TNG and warlord Muse Sudi in Mogadishu; warlord Hussein Aideed and the
TNG; Abdullahi Yusuf's forces and those of Jama Ali Jama in Puntland;
and the SRRC and Jubaland Alliance in Kismayu.
Security forces and police killed several persons; however, unlike
in the previous year, there were no reports that they used lethal force
to disperse demonstrators. For example, on June 22, TNG police killed
Abdi Adam Jabey after he refused to pay a tax levy at Bakara market in
Mogadishu. On September 22, TNG soldiers who were manning a checkpoint
on the outskirts of Merka opened fire on a minibus taxi after it
refused to stop and killed one person. No action was taken in either
case by the TNG authorities by year's end.
No action was taken against the responsible members of the security
forces in the following 2001 cases: The February forcible dispersal of
a demonstration in Bosasso by security forces and police who shot and
killed 1 woman and injured 11 other persons; the August killing of a
small child by Somaliland police; and the alleged August killing in
Mogadishu of 2 young brothers by TNG police.
No action was likely to be taken against the responsible members of
TNG forces, Somaliland and Puntland forces, warlord supporters, or
members of militias for numerous killings in 2000.
In August 2001, Tanzanian police arrested three individuals who
reportedly killed former Siad Barre army General Yusuf Tallan in 2000;
they remained in custody in Tanzania at year's end.
Numerous deaths resulted from conflicts between security and police
forces and militias during the year. For example, between May 24 and
May 28, more than 60 persons were killed and hundreds injured in
clashes between militia loyal to Mused Sudi and TNG forces. Hospital
sources said most of the casualties were civilian noncombatants,
including women and children, injured by indiscriminate fire.
There were no actions taken against those responsible for the
killings that resulted from conflicts between security and police
forces and militias in the following 2001 cases: The March killing in
Mogadishu of 4 persons, including a deputy police inspector, during a
gun battle between police and militia members; the May killing of more
than 50 persons and the injuring of more than 100 during fighting
between Somali National Alliance (SNA) militiamen and TNG security
forces; the May killing of 13 persons in Libahelh town during fighting
between RRA militiamen and TNG forces; the June killing of 2 persons
and the injuring of several others during fighting between TNG police
and militiamen; the July killing of 4 persons during clashes between
security forces belonging to Islamic Court Militia in Merka and clan
militiamen from the area; and the August killing of at least 18 persons
during fighting between a coalition of factions supported by the
Government of Ethiopia and the TNG-supported Jubaland Alliance militia
in the southern port city of Kismayu.
There was no action taken against the responsible members of
militias in the following 2001 cases of killing of members and
supporters of the TNG: The reported January attack by RRA militia
members on a convoy of TNG officials in the Bakol region in which at
least 9 persons were killed and a number of others were injured, and
the February attack by troops from the Somali National Front (SNF)
militia belonging to warlord Abdirizak Bihi on a TNG delegation in
Garbaharre town in Gedo region during which 10 persons were killed.
Attacks against humanitarian and nongovernmental organization (NGO)
workers resulted in at least one death during the year. In February
gunmen killed Veren Karer, a Swiss national funded by a Swiss NGO who
was running a primary school and clinic. TNG police arrested several
men who were suspects. The killing was apparently related to an
employment dispute and was not politically motivated. Police killed one
of the suspects, possibly while he was resisting arrest; the other
suspects were released for lack of evidence. On October 19, armed men
attacked a Medecines Sans Frontieres (MSF) clinic in Adan Yabal in
Middle Shabelle. One patient was killed and two persons were injured.
MSF suspended operations after the attack. No action was taken against
those responsible by year's end.
There were no actions taken by year's end against the militiamen
loyal to warlord Osman Atto who in July 2001 ambushed a World Food
Programme (WFP) relief convoy near Mogadishu that killed six persons.
Militia attacks resulted in deaths during the year. For example, on
January 11, Garah Mohammed Said Gom'ad, a prominent businessman,
reportedly was killed by forces of Abdullahi Yusuf in a deliberate
attack. Yusuf's militia reportedly stopped his car and shot him. On
August 17, Abdullai Yusuf's bodyguards killed Sultan Ahmed Mohamoud
Mohammed, a UK citizen, after respective convoys of Yusuf and Mohammed
passed each other on the road approximately 2 miles south of the
Puntland town of Garowe. Yusuf claimed the death was accidental and
that his men only were trying to stop Mohammed to question him and
fired to get the attention of the convoy. Witnesses claimed that the
killing was intentional. According the press reports, Mohammed was
targeted by Yusuf for arrest as a religious extremist. No action was
taken against those responsible by year's end.
No action was taken in the following 2001 cases of militia attacks
that resulted in deaths: The February killing of one person during
renewed border clan warfare between Somaliland and Puntland; the June
killing of at least three persons in Mogadishu by armed militiamen; the
June killing of five persons by unidentified heavily armed militiamen
who shot at a passenger bus in Mahadday area of Lower Shabelle region;
the June killing of seven persons by militiamen who fired into a
minibus in Mogadishu; and the August killing by Abdullahi Yusuf's
militia of four men who attempted to stop them at a roadblock while
retreating to Garowe from Bosasso.
Conflicts between rival militias resulted in deaths during the
year. For example, on May 30, four persons were killed and seven
injured in a clash between subclan militiamen loyal to Mohammed Dere
and those loyal to Dahir Dayah, TNG Interior Minister in Mir Tuug
village in Middle Shabelle; on June 18, 20 more persons were killed in
a clash between Dere and Dayah militiamen. On August 2, forces loyal to
Abdullahi Yusuf captured Gardo from Jama Ali Jama's forces, and more
than 120 persons were killed and 100 others injured. No action was
taken against those responsible by year's end.
No action was taken against the militia members responsible for any
2001 cases of killing.
Fighting within militia groups resulted in numerous deaths during
the year. For example, on June 1 and 2, more than 10 persons were
killed and 40 injured after fighting broke out between Marehan and
Haber Gedir Ayr clans that form most of the Juba Valley Alliance (JVA)
coalition. No action was taken against those responsible by year's end.
No action was taken against the militia members responsible for the
February 2001 killing at the Balligdogle airstrip of four persons when
they began to fight among themselves.
Mining of roads occurred primarily in Gedo region where Marehan
factions of the SNF fought during the year and in Middle Shabelle where
warlord Mohamed Dere was involved in intraclan warfare.
Landmine explosions caused several deaths and injuries during the
year (see Section 1.c.). On January 30, a vehicle hit a landmine about
90 miles from Mogadishu on the road to Baidoa killing two persons and
injuring three.
Unknown assailants killed persons during the year. For example, on
April 28, gunmen killed Dr. Dahir Sheikh Ahmed, a well-known
radiologist at Mogadishu's Mount Sinai Hospital. The apparent motive
was robbery. On May 3, near Johwar, unidentified gunmen attacked a
passenger bus, killing six persons and injuring six others. No action
was taken against those responsible by year's end.
No action was taken against the unknown assailants responsible for
the following 2001 cases: The February killing of a bystander during an
attack on the Mogadishu police chief in Mogadishu; the February killing
of three children in Mogadishu while returning from Koranic school; the
March killing of 10 men in Jowhar in retaliation for the killing of a
young girl; and the March killing of four persons at the police station
in Qardho after complaining about police harassment.
Interclan fighting resulted in numerous deaths during the year. For
example, on January 29, more than 40 persons were killed and 60 injured
in interclan fighting in Mudug region of central Somalia. In April
interclan fighting in Bula Hawa, across the border from Mandera, Kenya,
resulted in numerous deaths and injuries. Approximately 7,000 refugees
fled to Kenya; most returned after fighting subsided. In early October
in Galkacyo, an interclan clash between Majerten and Haber Gedir
resulted in 13 deaths and more than 20 injured. On December 25, at
least 4 students were killed and 15 injured--all between the ages of 16
and 19--when gunmen opened fire on a school bus in Mogadishu,
apparently because one clan thought the bus belonged to another clan.
No action was taken in any of these incidents by year's end.
There was no action taken against those responsible for the
following killings due to interclan fighting in 2001: The March killing
of 6 persons in Hawl Wadag; the March killing of 40 persons during
Marehan intraclan fighting; and the May killing of 7 persons in a clash
between the Galjecel and Rahanweyn clans over camel rustling in
Burhakaba.
There was no action taken against those responsible for the
February 2001 killing of 3 persons and the burning of 13 villages in
Jowhar during a land dispute.
Unlike in the previous year, there were no reports during the year
that Ethiopian troops participated in fighting and killed persons.
There no further developments in the January 2001 report that
Ethiopian soldiers killed 5 persons after they fired shots into a group
of demonstrators in the south-west or the September 2000 reported
killing of 2 persons by 30 Ethiopian soldiers during an alleged attack
on Haji Salah village in Somaliland.
b. Disappearance.--There were no known reports of unresolved
politically motivated disappearances, although cases easily might have
been concealed among the thousands of refugees and displaced persons.
There continued to be reports of kidnapings of NGO workers during
the year. For example, on February 28, a Somali UNICEF employee in
Mogadishu was kidnaped; he was released several days later after TNG,
U.N., and elders' pressure. On April 28, a Somali U.N. Development
Program (UNDP) employee in Mogadishu was kidnaped; he was released on
May 25. On August 5, a Somali Foreign Agricultural Organization
employee in Mogadishu was kidnaped; he was released on August 10.
There were numerous kidnapings by militia groups and armed
assailants who demanded ransom for hostages. For example, on February
9, gunmen in Mogadishu abducted a Djiboutian citizen serving as a
bodyguard to then TNG Foreign Minister Ismael Hurre. A ransom was
demanded; however, it was unclear whether this was an act of extortion
or an attempt to undermine the TNG. The hostage escaped 2 months later.
In early August off the coast of Puntland, militia members loyal to
Abdullahi Yusuf hijacked a Greek-owned North Korean-registered oil
tanker and asked for $600,000 in ransom. Yusuf intervened and the ship
was released. The amount of ransom paid, if any, was unknown.
Between Sept 20 and 24, approximately 10 ethnic Arabs were
kidnaped. The motive for the kidnapings and whether they have been
released were unknown by year's end.
In late September, approximately 100 Ethiopian soldiers abducted 12
elders who were negotiating a ceasefire between subclans in Galgudud
region. The reason for abduction was unknown; however, the elders
subsequently were released.
There were no investigations or action taken against the
perpetrators of kidnapings that occurred during the year, in 2001, or
in 2000.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transitional National Charter, adopted in 2000 but
still not implemented by year's end, prohibits torture, and the
Puntland Charter prohibits torture ``unless sentenced by Islamic
Shari'a courts in accordance with Islamic law''; however, there were
some reports of the use of torture by the Puntland and Somaliland
administrations and by warring militiamen against each other or against
civilians. Observers believed that many incidents of torture were not
reported.
Security forces, police, and militias also injured persons during
the year. Acts of violence, including several killings, continued
against supporters or members of the TNG (see Section 1.a.).
In July a regional court found a young man guilty in Mogadishu of
stealing more than $20. The court sentenced him to amputation of his
hand; however, the TNG Justice Minister and the domestic human rights
group Dr. Ismael Jumale Human Rights Centre (DIJHRC) protested, and the
sentence was under review at year's end.
In their annual report the DIJHRC reported that during the year
there were 32 rape cases in Mogadishu, largely committed by militia
members.
There were reports of numerous rapes of Somali women and girls in
refugee camps in Kenya during the year. The majority of the rapes were
perpetrated by Somali bandits who crossed over the border; a small
number of the rapes were committed by Kenyan security forces and
police. The U.N. High Commissioner for Refugees (UNHCR) documented more
than 100 reported cases between February and August but estimated that
the actual number was likely 10 times greater. The aid agency CARE
estimated that approximately 40 women were raped every month in 4
refugee camps; other reports indicated that 10 percent of Somali women
in the camps have been raped. The rapes usually followed looting
attacks by bandits and occurred when women and girls left the camps to
herd goats or collect firewood or at night when bandits enter the
refugee camps. The victims ranged in age from 4 to 50 years of age, and
many of the rapes reportedly resulted in pregnancies.
Unlike in the previous year, there were no reports that security
forces killed and injured persons while forcibly dispersing
demonstrations.
There were several attacks on humanitarian and NGO workers by
militia and other groups, which resulted in deaths and injuries (see
Section 1.a.).
There was at least one report of an attack with explosives during
the year. In February two persons were injured seriously when unknown
persons threw a grenade into the residence of TNG Prime Minister Hassan
Abshir Farah.
There were no investigations or action taken against the
perpetrators of numerous attacks with explosives in 2001.
No action reportedly was taken against TNG, Somaliland, and
Puntland forces, warlord supporters, or members of militias responsible
for torturing, beating, raping, or otherwise abusing persons in 2001 or
2000.
Landmine explosions killed and injured persons during the year (see
Section 1.a.).
Although reliable statistics were not available, a large number of
persons were killed and injured as a result of interfactional and
interclan fighting (see Section 1.a.).
Prison conditions remained harsh and life threatening. For example,
Hareryale, a prison established between north and south Mogadishu,
reportedly held hundreds of prisoners, including children. Conditions
at Hareryale were described as overcrowded and poor. Similar conditions
exist at Shirkhole prison, a prison in south Mogadishu, and at a north
Mogadishu prison for Abgel clan prisoners run by warlord Musa Sudi. In
September 2001, the U.N. Secretary General's Independent Expert on
Human Rights, Dr. Ghanim Alnajar, visited prisons in Hargeisa and
Mogadishu. Alnajar reported that conditions had not improved in the 3
years since his last visit.
Overcrowding, poor sanitary conditions, a lack of access to
adequate health care, and an absence of education and vocational
training characterized prisons throughout the country. Tuberculosis was
widespread. Abuse by guards reportedly was common in many prisons. The
detainees' clans generally paid the costs of detention. In many areas,
prisoners were able to receive food from family members or from relief
agencies. Ethnic minorities made up a disproportionately large
percentage of the prison population.
Pretrial detainees and political prisoners were held separately
from convicted prisoners. According to an international observer, men
and women were housed separately in the Puntland prison in Bosasso;
this was the case in other prisons as well. Juveniles frequently were
housed with adults in prisons. A major problem continued to be the
incarceration of juveniles at the request of families who wanted their
children disciplined. The juveniles were held without charge, and they
frequently spent long periods of incarceration with adults.
The Puntland Administration permitted prison visits by independent
monitors. Somaliland authorities permitted prison visits by independent
monitors, and such visits occurred during the year. The DIJHRC visited
prisons in Mogadishu during the year.
d. Arbitrary Arrest, Detention, or Exile.--In the absence of
constitutional or other legal protections, various factions continued
to engage in arbitrary detention.
On September 15, Abdillahi Yusuf's Puntland authorities arrested a
group of Muslim preachers, both foreign and local, who were on their
way to Hargeisa to attend a religious gathering. They were released
several days later.
In early August, Puntland authorities arrested several human rights
advocates who were planning to attend a conference in Hargeisa. They
were released several weeks later at the request of the visiting U.N.
Independent Expert on Human Rights.
On August 27, Puntland forces raided the office of Ocean Training
Promotion, a Bosasso NGO, removed equipment, and arrested seven
officials. The officials were released 1 day later.
There were reports that authorities in Somaliland, Puntland, and in
areas of the south detained local or foreign journalists (see Section
2.a.).
It was unknown whether persons detained in 2001 and 2000 were
released during the year.
None of the factions used forced exile.
e. Denial of Fair Public Trial.--There was no national judicial
system.
The Transitional Charter, adopted in 2000, provides for an
independent judiciary and for a High Commission of Justice, a Supreme
Court, a Court of Appeal, and courts of first reference; however, the
Charter still had not been implemented by year's end. Some regions
established local courts that depended on the predominant local clan
and associated factions for their authority. The judiciary in most
regions relied on some combination of traditional and customary law,
Shari'a, the Penal Code of the pre-1991 Siad Barre government, or some
elements of the three. For example, in Bosasso and Afmadow, criminals
were turned over to the families of their victims, who then exacted
blood compensation in keeping with local tradition. Under the system of
customary justice, clans often held entire opposing clans or subclans
responsible for alleged violations by individuals.
There were two functioning Shari'a-based entities--a new one in the
Daynile area and one in the Beledweyne area; however, both largely
acted as administrative units not courts.
In 2000 Somaliland adopted a new Constitution based on democratic
principles but continued to use the pre-1991 Penal Code. The
Constitution provides for an independent judiciary; however, the
judiciary was not independent in practice. There was a serious lack of
trained judges and of legal documentation in Somaliland, which caused
problems in the administration of justice. Untrained police and other
persons reportedly served as judges.
The Puntland Charter has been suspended since the infighting
between Abdullahi Yusuf and Jama Ali Jama. The Charter provides for an
independent judiciary; however, the judiciary was not independent in
practice. The Puntland Charter also provided for a Supreme Court,
courts of appeal, and courts of first reference. In Puntland clan
elders resolved the majority of cases using traditional methods;
however, those with no clan representation in Puntland were subject to
the Administration's judicial system.
The Transitional Charter provides for the right to be represented
by an attorney. The right to representation by an attorney and the
right to appeal did not exist in those areas that apply traditional and
customary judicial practices or Shari'a. These rights more often were
respected in regions that continued to apply the former government's
Penal Code, such as Somaliland and Puntland.
There was no investigation or action taken against the more than 50
gunmen responsible for the January 2001 attack on an Islamic court in
Mogadishu during which 48 prisoners were released and the premises
looted;.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Transitional Charter provides for the sanctity of
private property and privacy; however, looting and forced entry into
private property continued in Mogadishu, although on a smaller scale
than in previous years. The Puntland Charter and the Somaliland
Constitution recognize the right to private property; however, the
authorities generally did not respect this right.
Unlike in the previous year, there were no reports that militia
members confiscated persons' possessions as punishment during extortion
attempts.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Transitional Charter provides
for freedom of speech and the press; however, the charter still was not
implemented by year's end, and there were incidents of harassment,
arrest, and detention of journalists in all areas of the country,
including Puntland and Somaliland. The Puntland Charter provides for
freedom of the press ``as long as they respect the law''; however, this
right was not respected in practice. The Somaliland Constitution also
provides for freedom of the press; however, this right was restricted
in practice.
In September the Transitional National Assembly (TNA) passed a
Press Bill that requires all media to register with the Minister of
Information and imposes penalties for false reporting. Critics alleged
that if enforced the law would give the TNG powers of censorship;
however, there were no reports that the law was enforced by year's end.
Unlike in the previous year, journalists were not banned from
covering proceedings of the TNA.
In January TNG police arrested a newspaper reporter allegedly for
reporting inaccurately on parliamentary proceedings. He was released 2
days later.
The print media consisted largely of short, photocopied dailies,
published in the larger cities and often linked to one of the factions.
Several of these newspapers nominally were independent and were
critical of the faction leaders.
Somaliland has two daily newspapers, one government daily, and one
independent. There also was an English language weekly newspaper. The
Government tolerated criticism by journalists during the year.
On March 17 in Somaliland, the editor-in-chief of the local daily
Al-Jamhuriya newspaper was arrested for publishing an article that
claimed that members of the House of Elders were bribed to extend the
President's term for another year. He was released several days later.
In late August, a reporter for the Hargeisa-based Wartire newspaper
was arrested for writing an allegedly false article that Somaliland had
entered into a secret agreement to give land to Djibouti. He was
released 3 days later at the request of the visiting U.N. Independent
Expert on Human Rights.
The majority of the country's citizens obtained news from foreign
news broadcasts, primarily the British Broadcasting Corporation (BBC),
which transmitted a daily Somali-language program. The major faction
leaders in Mogadishu, as well as the authorities of the self-declared
Republic of Somaliland, operated small radio stations. The TNG recently
began operating an FM station. In April 2001, a new radio station,
funded by local businesses, began operating in the southern part of the
country.
On May 22, after retaking power in Puntland, Yusuf's administration
closed the privately owned Somali Broadcasting Corporation's (SBC)
radio and television facilities in Bosasso, probably because the SBC
had favored Yusuf's rival Jama Ali Jama.
In June Somaliland authorities banned all private radio stations;
however, it subsequently permitted a BBC-funded FM station to
broadcast. Government-run Hargeisa radio continued to broadcast.
On August 16, Puntland authorities prohibited two BBC
correspondents from filing reports with the BBC.
Unlike in the previous year, several telephone companies and
Internet providers operated and provided service throughout the country
during the year.
There were restrictions on academic freedom; academics operated
under restrictions similar to those imposed on members of the media.
There was no organized higher education system in most of the country.
There were two universities in Mogadishu and two in Somaliland.
b. Freedom of Peaceful Assembly and Association.--There is no
mention of freedom of peaceful assembly in the Transitional Charter,
nor is there legal protection for freedom of assembly, and although
citizens were free to assemble in public, the lack of security
effectively limited this right in many parts of the country. The ban on
demonstrations continued; however, demonstrations occurred throughout
the country during the year. On a number of occasions during the year,
women demonstrated for peace in Puntland despite the ongoing factional
fighting.
Unlike in the previous year, there were no reports that the
authorities in Somaliland, Puntland, and the south forcibly dispersed
demonstrations or used excessive force, which resulted in deaths.
The Puntland Charter provides for freedom of association; however,
the Puntland Administration banned all political parties. The
Somaliland Constitution provides for freedom of association. In a
referendum in May 2001, Somaliland voters approved legislation
governing the formation of political parties. The law limits the number
of political parties allowed to contest general elections to three. An
ad hoc commission, nominated by the President and approved by the House
of Representatives, was responsible for considering applications. The
law provides that approved parties that win 20 percent of the vote in
the next Somaliland elections would be allowed to operate.
Professional groups and local NGOs operated as security conditions
permit.
c. Freedom of Religion.--There was no national constitution and no
legal provision for the protection of religious freedom, and there were
some limits on religious freedom.
The Transitional Charter establishes Islam as the national
religion. Some local administrations, including the Republic of
Somaliland and Puntland, have made Islam the official religion in their
regions.
Local tradition and past law make it a crime to proselytize for any
religion except Islam. Proselytizing for any religion except Islam is
prohibited by law in Puntland and Somaliland and effectively blocked by
informal social consensus elsewhere in the country. Christian-based
international relief organizations generally operated without
interference, as long as they refrained from proselytizing. In early
March, three Christian Ethiopian nationals were arrested in Hargeisa
allegedly for proselytizing. A search of their home uncovered Bibles
and tapes on Christianity. They were deported to Ethiopia.
In Puntland Abdallahi Yusuf decreed that only Shafi'iyyah, a
moderate Islamic doctrine followed by most Somalis, would be allowed in
Puntland. Several days later, Puntland security forces entered several
mosques in Bosasso to compel compliance.
Under the regulations in Somaliland, religious schools and places
of worship were required to obtain the Ministry of Religion's
permission to operate. The Ministry must approve entry visas for
religious groups, and certain unspecified doctrines were prohibited. In
Puntland religious schools and places of worship must receive
permission from the Ministry of Justice and Religious Affairs to
operate.
Non-Sunni Muslims often were viewed with suspicion by members of
the Sunni majority. There was strong social pressure to respect Islamic
traditions. Organized Islamist groups whose goal was the establishment
of an Islamic state included Al-Islah, which openly operated primarily
in Mogadishu, and Al-Ittihaad, which during the mid-1990's organized
and operated training camps, continued to have adherents throughout the
country but did not appear to have a central structure during the year.
There was a continued influx of foreign Muslim teachers into the
country to teach in private Koranic schools; however, there were
reports that these schools required the veiling of small girls and
other conservative Islamic practices normally not found in the local
culture.
There was a small, low-profile Christian community. Christians, as
well as other non-Muslims who proclaimed their religion sometimes faced
societal harassment.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Transitional Charter and the
Puntland Charter provide for freedom of movement; however, this right
continued to be restricted in some parts of the country. Checkpoints
manned by militiamen loyal to one clan or faction inhibited passage by
other groups. In the absence of a recognized national government, most
citizens did not have the documents needed for international travel.
On April 2, a TNG minister was detained in Hargeisa and sent back
to Mogadishu. Somaliland authorities said he did not have permission to
be in Somaliland. TNG authorities said he was transiting Somaliland to
attend a conference in Cairo.
In 2001 in the Qoryoley district, militia members reportedly
created checkpoints along the river where residents obtained water and
charged them to take water from the river. The militia members also
reportedly charged money from persons who were going into or out of the
town. Persons who refused to comply with the extortion attempts
reportedly were punished by having their belongings taken or were
killed by militia members.
There are approximately 300,000 IDPs in the country, representing
approximately 4 percent of the population. The majority of IDPs in the
country reportedly lived in old schools and former government
buildings.
As security conditions continued to improve in many parts of the
country, refugees and IDPs returned to their homes. During the year,
50,216 Somali refugees returned to the country from Ethiopia under the
auspices of the UNHCR. Despite sporadic harassment, including the theft
of humanitarian provisions and convoys by militiamen, repatriation
generally took place without incident. The U.N. Independent Expert on
Human Right visited several IDP camps in Somaliland and found them
among the worst in the world. He reported that the camps were
overcrowded, had poor sanitation, and there was little or no access to
employment and education. No local, regional, or U.N. authorities have
taken responsibility for the camps.
Despite the relative stability in many parts of the country, many
citizens continued to flee to neighboring countries, often for economic
reasons. Most migrants left from the northeast and traveled via boat to
Yemen. There were reports that hundreds of such migrants drowned in
accidents at sea during the year.
The U.N. estimated that approximately 305,000 Somalis were living
as refugees in neighboring countries, including approximately 139,000
in Kenya at year's end, a decrease from more than 400,000 at the height
of the humanitarian crisis in 1992. There were approximately 60-70,000
Somali refugees in Ethiopia and 23,872 Somali refugees in Djibouti at
year's end.
As there was no functioning central government, there was no policy
of first asylum, nor were there any laws with provisions for the
granting of asylum or refugee 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.
In October 2001, approximately 106 Tanzanian refugees arrived in
Mogadishu from Kenya. Some of the refugees were living in an open yard
at the Hamar School at year's end, and some of the refugees returned to
Tanzania. Also in October 2001, a second group of approximately 93
Tanzanian refugees arrived in Mogadishu; the group moved to another
location until the TNG's National Refugee Agency was able to renovate
abandoned buildings in the city for their use.
There were numerous reports of rapes of Somali women and girls in
refugee camps in Kenya (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
In the absence of a fully functioning national government, citizens
cannot exercise the right to change their government. In most regions,
local clan leaders function as de facto rulers. Although many such
groups derived their authority from the traditional deference given
clan elders, most faced opposition of varying strength from clan groups
and political factions.
With the fall of the Barre regime in 1991, fighting among rival
faction leaders resulted in the killing, displacement, and starvation
of thousands of persons and led the U.N. to intervene militarily in
1992. Following the U.N. intervention, periodic attempts at national
reconciliation were made, but they did not succeed.
In 2000 in Arta, Djibouti, more than 900 delegates representing all
clans and a wide spectrum of Somali society were selected for a
``Conference for National Peace and Reconciliation in Somalia.'' The
Conference adopted a charter for a 3-year Transitional National
Administration and selected a 245-member Transitional Assembly, which
included 24 members of Somali minority groups and 25 women. The
assembly elected Abdiqassim Salad Hassan as Transitional President. Ali
Khalif Gallayr was named Prime Minister, and he appointed the 25-member
Cabinet. In October 2001, the TNA passed a vote of no confidence in the
TNG, and Gallayr was dismissed as Prime Minister. In November 2001,
Abdiqassim appointed Hassan Abshir Farah as the new Prime Minister.
The Transitional Charter, adopted in 2000, but still not
implemented by year's end, provides for universal suffrage. Both of the
Puntland and Somaliland administrations provided for universal
suffrage.
In the Republic of Somaliland, a clan conference led to a peace
accord in 1997 that 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 of the territory they
claim, which equaled the boundaries of the Somaliland state that
achieved international recognition in 1960. Nine new political parties
were formed in Somaliland during the year. In May 2001, a referendum
was held with 97 percent of voters supporting Somaliland independence;
voters also ratified the political party legislation approved in 2000
by Parliament. Parliamentary and presidential elections were scheduled
for January 2003. President Egal died in May; however, there was a
peaceful transition, and Vice-President Dahir was sworn in as
President.
In 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 Yusuf as President. Puntland
has a single chamber quasi-legislative branch known as the Council of
Elders, which played a largely consultative role. Political parties
were banned in Puntland. Regional elections in Puntland were held
during 2001; however, President Yusuf refused to step down, and Chief
Justice Nur assumed powers as interim president. In November 2001,
elders elected Jama Ali Jama as the new President of Puntland, and he
assumed power in Garowe. Yusuf refused to accept the decision, and, in
December 2001, he militarily seized Garowe, reportedly with Ethiopian
support, which forced Jama to flee to Bosasso. In May Abdullahi Yusuf,
who claimed that Jama was elected president illegally, occupied Bosasso
by force and declared himself President of Puntland.
The Somaliland and Puntland administrations do not recognize the
results of the Djibouti Conference, nor do several Mogadishu-based
factional leaders.
Somaliland and Puntland continued to contest the Sanaag and Sol
regions and the Buhodle district during the year. Both governments sent
administrators to the Sanaag and Sol regions, and both governments
exerted influence in various communities. In December the Somaliland
president traveled to Las Anod in Sool to assert Somaliland authority.
A battle with Puntland forces took place and several persons were
killed.
On October 15, a reconciliation conference in Eldoret, Kenya, that
brought together political and military leaders, as well as civil
society representatives, from throughout Somalia with the exception of
Somaliland, which refused to attend. The conference was ongoing at
year's end.
No women held prominent senior public positions; however, several
women were important behind-the-scenes figures in the various factions.
There were 5 female members of the 69-seat Puntland Council of Elders.
In the TNA there were 25 women in the 245-seat Assembly.
Minorities were allocated 25 seats in the TNA.
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,
including the Mogadishu-based DIJHRC, Isha Baidoa Human Rights
Organization in Bay and Bakol regions, and the Hargeisa-based Horn of
Africa Human Rights Watch Committee (Horn Watch). The DIJHRC
investigated the continuing causes of conflict in the Mogadishu area,
conducted effective human rights monitoring, protested the treatment of
prisoners before the Islamic Shari'a courts, and organized periodic
demonstrations for peace. The Horn of Africa Human Rights Watch
Committee monitored human rights in Somaliland. Women's NGOs also
played an important role in galvanizing support in the country for the
Djibouti process.
In August, with funding from foreign embassy in Kenya, the DIJHRC
and Horn Watch sponsored a human rights training workshop in Hargeisa
attended by more than 25 human rights activists from throughout the
country. A seven-member advocacy committee was established.
NGOs and aid agencies operated freely throughout the country,
except in Puntland. After resuming power in Puntland in May, Abdullahi
Yusuf refused access to the U.N., EU, and NGO agencies claiming many of
their employees had sided with his rival Jama Ali Jama.
Numerous international organizations operated in the country during
the year, including the Red Cross, CARE, Save the Children, and various
demining agencies such as the Halo Trust. The TNG and Somaliland
authorities permitted visits by U.N. human rights representatives
during the year. Sporadic security problems complicated the work of
some local and international organizations, especially in the south.
There were reported incidents of harassment against NGOs, resulting in
at least one death and some injuries (see Sections 1.a., 1.b., and
1.c.). Several attacks on NGOs disrupted flights and food distribution
during the year. For example, on September 2, local militia that were
hired to guard U.N. vehicles opened fire on the plane carrying U.N.
Resident and Humanitatian Coordinator while it was on the ground in
Garbaharrey in Gedo region. No one was injured and the plane was not
hit, but the U.N. temporarily closed Gedo to U.N. flights and
international staff.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Transitional Charter, adopted in 2000 but not implemented by
year's end, contains provisions that prohibit discrimination on the
basis of sex and national origin; however, societal discrimination and
violence against women and widespread abuse of children continued to be
serious problems. The Somaliland Constitution also contains provisions
that prohibit discrimination on the basis of sex and national origin;
however, these rights were not respected in practice.
Women.--Domestic violence against women existed. Women suffered
disproportionately in the civil war and in the strife that followed.
There was no information available on the prevalence of domestic
violence in the country. There were no laws that specifically address
domestic violence; however, both Shari'a and customary law address the
resolution of family disputes (see Section 1.e.). Rape commonly was
practiced in interclan conflicts. There was a reported marked increase
in the number of rapes in Mogadishu, most perpetrated by militia
members. Laws prohibiting rape exist; however, they generally were not
enforced. There were no laws against spousal rape. A few rapes were
prosecuted during the year. There were reports of numerous rapes of
Somali women and girls in refugee camps in Kenya during the year (see
Section 1.c.).
FGM was a near-universal practice. Estimates placed the percentage
of women who have undergone FGM at 98 percent. The majority of women
were subjected to infibulation, the most harmful form of FGM. In
Somaliland FGM remained illegal under the Penal Code; however, the law
was not enforced. In Puntland legislation banned FGM in northeastern
areas of the country; however, in practice the law was not enforced
strictly. U.N. agencies and NGOs have made intensive efforts to educate
persons about the danger of FGM; however, no reliable statistics were
available on the success of their programs.
Trafficking in women for the purposes of sexual exploitation
continued to be a problem (see Section 6.f.).
Women were subordinated systematically in the country's
overwhelmingly patriarchal culture. Polygyny was permitted, but
polyandry was not. Under laws issued by the former government, female
children could inherit property, but only half of the amount to which
their brothers were entitled. Similarly according to the Shari'a and
Somali tradition of blood compensation, those found guilty in the death
of a woman must pay only half as much to the aggrieved family than if
the victim were a man.
Several women's groups in Mogadishu, Hargeisa (Somaliland), Bosasso
(Puntland), and Merka (Lower Shabelle) actively promoted equal rights
for women and advocated the inclusion of women in responsible
government positions. During the year, the local NGO ``Save Somali
Women and Children'' held a workshop in Mogadishu to discuss human
rights and Shari'a.
Children.--Children remained 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 were members of the
marauding gangs known as ``morian,'' ``parasites,'' or ``maggots.''
Even in areas with relative security, the lack of resources has limited
the opportunity for children to attend school. Approximately 10 to 20
percent of the school-age population attended school; more boys than
girls were enrolled in school. There were three secondary schools in
Somaliland and more than three secondary schools in Mogadishu; however,
only 10 percent of those few children who entered primary school
graduated from secondary school. Parents generally paid fees for their
children's education. Schools at all levels lacked textbooks,
laboratory equipment, and running water. Teachers were trained poorly
and paid poorly. The literacy rate was estimated at 25 percent
throughout the country; however, reliable statistics did not exist.
There was a continued influx of foreign Muslim teachers into the
country to teach in private Koranic schools. These schools were
inexpensive and provide basic education; however, there were reports
that these schools required the veiling of small girls and other
conservative Islamic practices normally not found in the local culture.
During August and September, the U.N. Independent Expert on Human
Rights visited Bosasso, Puntland, and Hargeisa, Somaliland. He reported
that children were recruited as soldiers in Puntland and that many
juveniles were incarcerated with adults by their parents for
disciplinary problems (see Section 1.c.).
Medical care was rudimentary, and only a small percentage of
children had access to adequate medical facilities.
There was no information available on the prevalence of child abuse
in the country.
There were reports of numerous rapes of Somali girls in refugee
camps in Kenya during the year (see Section 1.c.).
FGM was performed on approximately 98 percent of girls (see Section
5, Women).
Trafficking in children for forced labor reportedly was a problem
(see Section 6.f.).
Persons with Disabilities.--In the absence of a functioning state,
the needs of persons with disabilities were not addressed. There were
several local NGOs in Somaliland that provided services for persons
with disabilities.
National/Racial/Ethnic Minorities.--More than 80 percent of
citizens shared a common ethnic heritage, religion, and nomadic-
influenced culture. In most areas, members of groups other than the
predominant clan were excluded from effective participation in
governing institutions and were subject to discrimination in
employment, judicial proceedings, and access to public services.
Minority groups and low-caste clans included the Bantu (the largest
minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal,
Yibir, Yaxar, Madhiban, Hawrarsame, and Faqayaqub. Intermarriage
between these groups and mainstream clans was restricted. These groups
had limited access to whatever social services were available,
including health and education. Members of minority groups continued to
be subjected to killings, 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 broke up 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 did not function freely.
The Transitional Charter, the Puntland Charter, and the Somaliland
Constitution established the right of freedom of association, but no
unions or employer organizations existed.
b. The Right to Organize and Bargain Collectively.--Wages and work
requirements in the traditional culture were established largely by ad
hoc bartering, based on supply, demand, and the influence of the
worker's clan.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The pre-1991 Penal Code
prohibited forced or bonded labor, including by children; however,
local clan militias generally forced members of minority groups to work
on banana plantations without compensation. There are reports that in
Middle and Lower Juba, including the port of Kismayu, Bantus were used
as forced labor.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The pre-1991 Labor Code prohibited child labor; however,
there were reports that child labor occurred, and that there were child
soldiers (see Section 5). Formal employment of children was rare, but
youths commonly were employed in herding, agriculture, and household
labor from an early age. Substantial numbers of children worked. In
1999 it was reported that 42 percent of children between the ages of 5
and 14 years worked; however, the percentage of children engaged in
labor was believed to be higher than 42 percent during the year. The
lack of educational opportunities and severely depressed economic
conditions contributed 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 prohibited
trafficking; however, there were reports of trafficking during the
year. In 2000 Djibouti law enforcement authorities arrested members of
a group that was smuggling Somali women to destinations such as Lebanon
and Syria to work in brothels. The number of women being trafficked
from the country appeared to be small.
Trafficking in children for forced labor was a serious problem.
There were reports of an increase in the smuggling of children out of
the country to relatives and friends in western countries where they
worked or collected welfare and sent money back to family members in
the country.
----------
SOUTH AFRICA
South Africa is a multiparty parliamentary democracy in which
constitutional power is shared between the President and the
Parliament. The Parliament consisted of the National Assembly and the
National Council of Provinces. President Thabo Mbeki led the African
National Congress (ANC) party, which held 266 seats in the 400-seat
National Assembly. The Parliament was elected in free and fair
elections in 1999; the Parliament, in turn, elected the President. The
country continued to consolidate the democratic transformation
initiated by the 1994 elections. The Government included ministers and
deputy ministers from the ANC, the Inkatha Freedom Party (IFP), a
predominantly Zulu-based party whose support is concentrated in
KwaZulu-Natal, the Azanian People's Organization (AZAPO), and the New
National Party (NPP), but was dominated by the ANC. In October 2001,
the New National Party (NNP) formed a coalition with the ANC. In 2001
the ANC and NNP took control the Western Cape Province and appointed
Marthinus van Schalkwyk as Premier of the Western Cape Province during
the year. The judiciary, including the Constitutional Court, was
independent but overburdened.
The South African Police Service (SAPS) has primary responsibility
for internal security, although the Government continued 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 ill-equipped, overworked, and undertrained. The
SANDF and the SAPS border control and policing unit shared
responsibility for external security. The Government continued to train
and organize the new Directorate of Special Operations (DSO), dubbed
the Scorpions, to coordinate efforts against organized crime and
corruption. The civilian authorities maintained effective control of
the security forces. Some members of the security forces committed
serious human rights abuses.
The country has a population of approximately 44,560,000. The
economy continued to undergo important fundamental changes as the
manufacturing, wholesale and retail trades, transportation and travel
services, and communication services continued to grow and the
contributions of agricultural and mining sectors to the economy
declined. The distribution of income and wealth remained highly skewed
along racial lines and between urban and rural citizens. Official
unemployment remained high at approximately 29 percent, with some
studies indicating that it was even higher. More than one-third of
employed persons worked outside the formal economy. The country
suffered from a significant shortage in skilled workers, and many black
citizens were poorly educated, ill housed, unemployed, and ill equipped
to function in a globalized economy.
The Government generally respected the human rights of its
citizens; however, there were serious problems in several areas. Some
members of the security forces committed unlawful killings due to use
of excessive force, and there also were deaths in police custody.
Although declining in number, politically motivated or extrajudicial
killings committed by nongovernment persons remained a problem. Some
members of the security forces were responsible for torture, excessive
use of force during arrest, and other physical abuse. Some members of
the police beat, raped, tortured, and otherwise abused suspects and
detainees. The Government took action to investigate and punish some of
those involved and committed itself to curbing future killings and
other abuses. Prisons were overcrowded, and prison employees and other
prisoners abused prisoners. The judiciary was overburdened, and lengthy
delays in trials and prolonged pretrial detention were problems. The
Government generally respected citizens' privacy; however, the law
provides for state monitoring of all telecommunications in criminal
investigations. Legislation posed a potential threat to the
independence of the media, and self-censorship existed. Police forcibly
dispersed a demonstration during the year. Xenophobia continued to be a
problem, and there were a number of violent attacks on foreigners,
including refugees and asylum seekers. Violence against women and
children remained serious problems, and discrimination against women
and persons with disabilities also remained problems. Child labor,
including forced child labor, was a problem. Child prostitution and
trafficking in persons were serious problems. Gang violence continued
to be a serious problem in the Western Cape, and vigilante violence and
mob justice continued throughout the country. South Africa was invited
by the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
The Truth and Reconciliation Commission (TRC), created to
investigate apartheid-era human rights abuses, made recommendations for
reparations for victims, and granted amnesty in return for full
disclosure of politically motivated crimes. The TRC concluded its
activities at the end of 2001; however, the final report was not
released by year's end.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From
a. Arbitrary or Unlawful Deprivation of Life.--Police use of lethal
force during apprehensions resulted in numerous deaths, and deaths in
police custody was a problem. The Government took action to investigate
and punish some of those involved and to prevent future abuses. The
Government's Independent Complaints Directorate (ICD) investigated
deaths in police custody and deaths as a result of police action.
During the period from April 2001 until March, there were 214 deaths in
police custody and 371 deaths as a result of police action. The ICD's
report listed subcategories under deaths in police custody, which
included natural causes, suicide, injuries in custody, injuries prior
to custody, and possible negligence. The Government's cooperation with
the ICD was poor.
According to the ICD, shootings accounted for 88 percent of all
deaths by police action. Of the killings committed by police, 90
occurred in KwaZulu-Natal, 82 in Gauteng, and 48 in the Eastern Cape.
The Free State had the fewest with five killings. During the year,
police in pursuit of fleeing suspects shot and killed 20 innocent
bystanders. There also were 18 cases in which SAPS vehicles struck
innocent bystanders or were involved in motor vehicle accidents that
resulted in death. The ICD reported three cases of death as a result of
Municipal Police Service (MPS) personnel shootings during the course of
an arrest. Two cases involved the Durban Metropolitan Police Department
and one case involved the Johannesburg Metro Police Department.
The ICD investigated a number of incidents during the year. For
example, on June 21, Inspector Leonard Hlagala died after three police
officers allegedly assaulted him. The police officers arrested him on
suspicion of being involved in the theft of a car and took him for
questioning to an office in Polokwane police station where he was
assaulted. He later died of injuries sustained in the assault. The
Directorate of Public Prosecutions (DPP) charged the three officers;
the next court appearance for the accused is in January 2003.
On June 24, five gas station attendants were shot and killed during
an armed robbery at a service station at Grassy Park on the Cape Flats.
A SAPS sergeant, Ishmael Hendricks, surrendered voluntarily to police
and confessed to the killings. Hendricks was referred to the Valkenberg
psychiatric hospital for 30 days of observation. Prior to the killings,
the SAPS authorities confiscated Hendericks' service pistol after
complaints by colleagues about his mental state; however, subsequently
he was issued a private gun license. The ICD completed its
investigation, and ICD officials were awaiting a psychological report,
which will determine whether Hendricks is competent to stand trial at
year's end. If he is found to be incompetent to stand trial, the case
will be dismissed.
In June the Cape High Court found the SAPS liable for millions of
dollars in damages for issuing a firearm license to Erna McArdell, a
diagnosed paranoid psychotic. She shot and paralyzed Ian Hamilton in
1994, during an argument about a parking spot. Hamilton then sued the
Minister of Safety and Security for nearly $1.9 million (19 million
Rands) for negligence and failure to take McArdell's character and
mental illness into consideration when issuing the permit.
Two police officers of a SAPS dog unit charged with the January
2001 killing of Thokozani Nhlapho in Newcastle, KwaZulu-Natal Province,
appeared in Dundee Circuit Court on September 2 and 4; they were found
not guilty.
A police captain, who allegedly shot and killed Makawe Makiti in
March 2001, was not suspended. During the year, the SAPS completed its
investigation of the case and forwarded it to authorities for a
decision. There was no decision whether to prosecute by year's end.
There were no developments in the March 2001 case of a woman who
died from injuries sustained during shooting between the police and
residents in Avilla Park.
The three police officers in the Eastern Cape Province charged with
the murder of a 14-year-old boy in April 2000 still were awaiting trial
at year's end.
On April 11, Dr. Wouter Basson, who was charged with murders of
hundreds of members of the Namibian Liberation Movement between 1980
and 1987 when he was head of the chemical weapons program of the former
government, was acquitted of all charges. State prosecutors stated they
would appeal the verdict; however, no appeal was filed by year's end.
Namibian authorities stated that they were considering an application
to extradite Basson to stand trial.
Racial tensions in the military between white commanding officers
and their black subordinates continued. There was one killing during
the year. In February a black corporal, serving on the peacekeeping
mission in Burundi, shot and seriously injured a white officer. Another
member of the defense forces attempted to intervene and also was shot
and injured by the corporal. He returned fire and killed the corporal;
he later was found to have acted in self-defense for shooting the
corporal. A 2001 Ministry of Defense report on the shootings and racism
within the SANDF in general still was not released by the Parliament by
year's end. However, the Defense Minister stated publicly that racism
was likely a motivating factor in the past killings.
The South Africa Institute for Race Relations (SAIRR), a
nongovernmental organization (NGO) concerned with political killings,
reported 46 politically motivated killings during the first 7 months of
the year, compared with 53 for the same period in 2001. Of the 46
killings, 29 took place in KwaZulu-Natal.
The 2001 kidnaping and killing of two members of the Zulu royal
family likely were robbery related. No arrests were made in the case 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. Although violence in KwaZulu-Natal remained higher than in other
provinces, resulting in dozens of deaths during the year, there was an
increased level of tolerance attributable to the IFP-ANC peace process,
as well as an increased police presence. Isolated rural areas in
KwaZulu-Natal that previously experienced violence remained tense at
times; however, the overall level of violence continued to decrease.
Factional and intraparty rivalry and violence in the Nongoma area
increased during the year. Violence was mainly taxi-related but had
political overtones. In March the IFP claimed that some of its top
officials were on an ANC assassination list, which the ANC denied. The
ANC reported several politically motivated deaths in KwaZulu-Natal
during the year. For example, in August a member of the ANC died in
political violence in the Abaqulusi area of KwaZulu-Natal. On October
24, a prominent municipal councilor and school principal, Bhekisisa
Buthelezi, was shot and killed while walking in King Dinizulu suburb.
No action was taken by year's end.
On August 16, two IFP supporters, Gcinokwakhe Lindinkosi and Victor
Khumalo, were sentenced at the Durban High Court to life in prison for
the 1999 murder of ANC leader Prince Zulu.
Unlike in the previous year, there were no reports of politically
motivated murders by the United Democratic Movement (UDM) and the ANC
in the Western Cape during the year.
There were no developments in September 2001 killings of a UDM
branch leader and an ANC member in Philippi, Western Cape. There also
were no developments in the investigation into the killings of UDM
members primarily in the Cape Flats areas of Nyanga and Philippi.
Since witnesses did not show up for court proceedings in the 2000
killing of five persons during local elections near Johannesburg, the
prosecutors dropped all charges and the accused were released.
Unlike in the previous year, there was a significant decrease in
reports of taxi-related violence; however, in KwaZulu-Natal, 13 members
of the Sundumbili Taxi Owners' Association were killed during the year.
There were no developments in the following 2001 cases of taxi-war
deaths in KwaZulu-Natal: The March killing of a prominent taxi boss,
Thula Maxwell Sithole, and his wife; the August killing of an 8-year-
old child, Lungile Zikalala; the August killing of taxi-driver Musa
Zondi; and the August killing of Mxwayiseli Ntuli and a passenger in
his taxi.
In March a Western Cape Taxi Council was established, among other
things, to work towards unity within the minibus taxi industry and
eradicate violence and conflict by introducing mechanisms for conflict
resolution.
There were no developments in the investigations of the 2001
killings of seven persons during a taxi-related violence near Cape Town
or in the 2001 cases of more than 30 deaths related to taxi violence in
the Eastern Cape.
Domestic terrorism resulted in deaths during the year. For example,
in October a series of bomb explosions in Soweto resulted in at least
one death and one injury. In November an extremist right-wing
Afrikaaner group, the Boeremag, claimed responsibility for the
bombings. The group threatened further attacks if 18 of its supporters
(see Section 5) on trial in connection with a plot to overthrow the
Government and reinstate apartheid were not released. In December five
men believed to be members of the Boeremag were arrested in connection
with the bombings; Brothers Wilhelm, Johan, and Kobus Pretorius, Herman
van Rooyen, and Rudi Gouws were charged with terrorism, high treason,
and sabotage, and remained in custody at year's end (see Section 1.c.).
Vigilante action and mob justice continued throughout the country
during the year. The Institute for Security Studies (ISS) reported a
continuation in vigilante action as a result of police inefficiency and
the perception that the courts failed to deliver justice. The ISS
reported that mob justice still was a major problem, although no
figures were available. Gang violence still was rampant in the Cape
Flats area of Cape Town and elsewhere in the Western Cape. In late
April and early May, police and soldiers were sent into Cape Flats to
quell unrest after 37 persons were killed in 4 weeks of intensive gang
violence. During the year, vigilantes lynched at least 14 alleged
gangsters in the Western Cape neighborhoods of Khayelitsha and Nyanga,
causing at least 10 deaths. In activity apparently unrelated to
organized vigilantism, in May three men hacked with axes and shot seven
men who were alleged to have been robbing Khayelitsha homes. Three of
the alleged robbers died of their injuries. The three men who
perpetrated the axing and shootings were arrested and faced charges of
murder and attempted murder at year's end.
A vigilante group called Mapogo A Mathamaga has grown in membership
and offices in at least nine cities, including Pretoria. Mapogo A
Mathamaga reportedly has more than 90 branches and 50,000 members
throughout the country. Mapogo members attacked and tortured suspected
criminals and beat persons with clubs and whips. Mapogo targeted
persons whom they suspected of property crimes against their members.
On December 10, Mapogo members reportedly beat two men, Adam
Potgeiter and Samuel Moletsane, for allegedly stealing construction
equipment from a site where they worked. On December 13, Bertrams
Pringle, the construction company owner, Willie Skhosana, and Mapogo A
Mathamaga member Robert Van der Colff, appeared at the Delmas
magistrate's court and were charged with murder. The case was postponed
to February 2003.
During the year, two Mapogo members, Ockert Werner and Marius van
Antwerp, were convicted on charges of attempted murder, assault with
the intention to do grievous harm, and kidnaping in the 2000 case of
the beating of two men and the death of one from injuries. Werner was
sentenced to 16 years in prison and van Antwerp was sentenced to 14
years.
There were no further developments in the 2001 cases of two Mapogo
members charged with murder in connection with the killing of a man in
Kruger National Park in 2000.
During the year, Jan Lourens Botha, the former head of Mapogo in
Bronkhorstspruit, was charged with the murder of Thulane Justice Nkosi
in 1998. In February the charges were changed to defeating the ends of
justice; however, in July prosecutors dropped all charges against Botha
relating to the death of Nkosi. Two other Mapogo members, James Masia
and Sipho Mkhatswa, admitted guilt on charges of culpable homicide and
defeating the ends of justice in the Nkosi case.
Unlike in the previous year, there were no reports that People
Against Drugs and Violence (PADAV), the Eastern Cape counterpart to
People Against Gangsterism and Drugs (PAGAD), killed or attacked
criminals in instances of vigilante violence. PAGAD is an Islamic-
oriented, community-based organization with a mandate calling for
stronger action against crime and drugs. In 2001 the Organized Crime
Unit arrested 12 PADAV members for a series of vigilante crimes
committed between September 2000 and July 2001, and a trial was
underway at the Port Elizabeth Regional Court at year's end.
Numerous court cases involving PAGAD continued throughout the year.
There were hundreds of cases under investigation against suspected
members of PAGAD and scores of trials pending based on charges, which
included murder, attempted murder, possession of explosives, possession
of an unlicensed firearm, armed robbery, and conspiracy to commit
murder. Reportedly no PAGAD members were arrested and one was released
on bail by year's end; there were no cases of bail denial during the
year. The Muslim community protested the infrequent availability of
bail and staged periodic small-scale protests, criticizing the
treatment as unfair compared with the judicial treatment of non-
Muslims. In May Anees Adams was convicted of murder and sentenced to 25
years in prison; however, his codefendant, Moegamat Zain Cornelison was
acquitted. On September 19, Moegamat Isaacs was convicted of three
counts of murder and was sentenced to life imprisonment. On December
20, Ebrahim Jeneker and Abdulla Maansdorp, alleged PAGAD members who
were charged with the 2000 killing of a police captain, were convicted
on numerous charges and sentenced to three concurrent life
imprisonments. The one PAGAD member who escaped October 4, 2001,
Abubakar Jacobs, was rearrested December 12. At year's end, he was in
police custody awaiting trial for his suspected role in a drive-by
shooting that killed four persons.
There were instances of murder and intimidation of witnesses who
were testifying against PAGAD members; a total of eight witnesses (five
named, three unnamed) were shot and killed during 2001. No action was
taken against those responsible by year's end.
On March 6, the chief coordinator of PAGAD, Abdus Salaam Ebrahim,
and his three fellow defendants in the Rashaad Staggie murder trial
were found not guilty by the Cape High Court. The judge said there was
not sufficient evidence to link them to the actual murder; however,
three of them were found guilty on the charge of public violence. Abdus
Salaam Ebrahim was sentenced to 5 years in prison, Abdur Razaaq Ebrahim
was sentenced to 3 years in prison, and Moegsien Mohammed received a 3-
year suspended sentence. On May 14, the three were refused permission
to appeal their convictions and sentences. Salie Abader was acquitted
on both charges.
Murders of farm families in rural parts of the country continued.
There was widespread concern among white farmers that they were
targeted for racial and political reasons; however, according to police
and academic studies of farm attacks, the perpetrators reportedly were
common criminals motivated by financial gain. It also was reported that
in the majority of cases, the perpetrators were not farm workers.
Official statistics were not available; however, according to
Agriculture South Africa (AgriSA), 1,000 farm attacks and 145 killings
took place during the year, and that there were 639 farm attacks and 91
killings during 2001 and 905 attacks and 144 killings in 2000. AgriSA
also reported that there were 5,972 attacks and 1,241 murders since
1991. In August 2001, HRW released a report titled, ``Unequal
Protection: The State Response to Violent Crime in South African
Farms.'' The report concluded that the Government failed to protect
adequately residents of commercial farms from attacks and that black
farm residents, especially black women, were most vulnerable to abuse.
The Government established Priority Committees, consisting of the South
African Police Service (SAPS), South African National Defense Forces
(SANDF), and farming communities to coordinate the activities of law
enforcement and other relevant actors to address violent crime on
farms. The committees were operational and attempted to prevent farm
attacks; however, security forces actions largely were viewed as
responding to attacks, not preventing them.
There were incidents of abuse and killings of black farm laborers
by their white employers. NGOs claimed that rural police and courts
refused to arrest or prosecute whites in many cases. In 2001 the South
African Human Rights Commission (SAHRC) launched an inquiry into the
human rights situation in farming communities, and a national
conference was expected to prepare an action program in March 2003 (see
Section 2.d.). AgriSA participated in the hearings; they alleged that
unsubstantiated claims were made at the hearings that wrongly
implicated farmers in human rights abuses.
In May the trial of nine white men accused of the March 2001 murder
of teenager Tshepo Matloha ended in the acquittal of six and the
conviction of two, Riaan Botha and Ben Korff, on charges of murder.
Both were sentenced to 18 years in jail. Botha and another accused,
Kobus Joubert, received 4-year sentences for attempting to defeat the
ends of justice by putting Matloha's body into a dam.
Foreigners were killed in violent attacks during the year (see
Section 2.d.). For example, in March a Nigerian man was beaten to death
after escaping from the Lindela Repatriation Center.
Occasional witchcraft-related incidents occurred during the year, a
number of which took place in KwaZulu-Natal (see Section 1.c.). For
example, on May 10, a 56-year-old woman died after a mob accused her of
witchcraft and set her on fire in Marianhill. On July 23, community
members accused a 66-year-old man, Mr. Ntimbane, of witchcraft and
allegedly assaulted him. He subsequently disappeared and was found
hanging from a tree on July 25.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution's Bill of Rights prohibits such practices
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
beat, raped, tortured, and otherwise abused suspects and detainees.
Some incidents of torture and ill-treatment by the police and SANDF
occurred during interrogation, arrest, detention, and searches of
persons' homes. The ICD reported 37 incidents of torture and 14 rapes
committed by police officers between April 2001 and March. During the
year, the Government investigated these allegations and prosecuted some
offenders. For example, in July Constable Mzamu Edward Mlomo was
convicted of murder and sentenced to life imprisonment for the October
2000 murder of Phinidiwe Majobela. On September 25, SAPS Reservist
Constable Ronald Mannie was convicted, and sentenced in November to 15
years imprisonment, for the April 2001 murder of Moses Makila.
The investigation was ongoing at year's end into the March 2001
injuring of six and the death of one civilian during a shooting between
residents and police in Vredendal, Western Cape Province.
Incidents of police harassment and attacks against foreigners
continued, particularly during coordinated police raids of areas where
foreign nationals resided. Some state hospitals reportedly routinely
refused treatment to indigent foreigners, despite regulations that
required such treatment.
The 2001 trials of two police officers from the Pretoria SAPS dog
unit, who pled not guilty to using their dogs to attack two Mozambican
immigrants, were pending at year's end.
There were reports of police abuse of detainees awaiting
deportation (see Section 2.d.). Problems remained at the Lindela
Repatriation Center, the largest detention facility for undocumented
immigrants in the country, particularly as a result of occasional
overcrowding after Home Affairs conducted sweeps of squatter camps and
sent illegal immigrants to Lindela to await repatriation. Some of the
refugees alleged that Home Affairs employees assaulted them and
requested bribes.
There were no new developments by year's end in the unresolved
cases of police attacks on illegal immigrants in 2000.
During the year, police injured persons while forcibly dispersing a
strike (see Section 2.b.).
The Government made efforts to address abuses with an official
antitorture policy and training programs for police and SANDF officers.
Broad efforts to reform police practices continued to reduce the number
of abuses, and the ICD investigated reports of police misconduct and
corruption (see Section.a.). During the year, the ICD reported 30 cases
of corruption and 2,253 incidents of misconduct, including negligent or
improper performance of duty and failure to perform duties and
responsibilities. During the year, new material on human rights was
introduced into the curriculum at the police basic training level, and
the training division provided classes to police officers whose basic
training took place prior to the introduction of the new material.
The SAPS continued to institute reforms designed to create
partnerships between local police forces and the communities they
served and establish metropolitan police forces in major cities with
local control. However, the SAPS continued to have deficiencies in
midlevel leadership and institutional memory that were harmful to its
overall performance. The SAPS continued to be ill-equipped, overworked,
and undertrained.
There was no action taken in the case of the September 2001
shooting and injuring of ANC councilor Wandile Nkwele in Philippi,
Western Cape.
Conflict between warring taxi companies led to gun battles and
other street violence and resulted in the deaths and injuries of
bystanders (see Section 1.a.).
There were incidents of bombings during the year. For example, in
October and November, a series of bombings attributed to the extremist
right-wing Afrikaaner group the Boeremag resulted in one death and one
injury (see Section 1.a.).
There were no developments in the numerous 2000 and 2001 bomb
attacks by year's end.
Vigilante action and mob justice resulted in attacks on suspected
criminals and drug dealers, some of whom were tortured (see Section
1.a.).
Xenophobia continued to worsen during the year. Xenophobia was
expressed in institutional and social interactions with foreigners,
particularly those from other African countries. There were a number of
violent attacks on foreigners, including refugees and asylum seekers
(see Sections 1.a. and 2.d.). Many of those attacked were hawkers and
street vendors.
There were incidents of abuse of black farm laborers by their white
employers, and NGOs claimed that rural police and courts refused to
arrest whites in many incidents (see Section 1.a.). According to
AgriSA, many of the claims of human rights abuses against farm workers
were unfounded and untrue.
There were a few illegal strikes that resulted in some worker
violence, in particular incidents of intimidation and threats of
violence by striking workers against nonstriking and replacement
workers (see Section 6.b.). No government action was likely to be taken
in the 2000 killing of two guards in Cape Town in what police believed
was a strike-related attack.
There was no action taken against students responsible for the
March 2001 attack and robbery of bystanders, motorists, and journalists
in central Johannesburg.
In Limpopo Province, where traditional beliefs regarding witchcraft
remained strong, there were occasional reports of attacks on persons
accused of witchcraft by their rural communities (see Section 1.a.).
The Ministry of Safety and Security, with the assistance of the quasi-
governmental Commission on Gender Equality, and traditional leaders
instituted programs to end violence against suspected practitioners of
witchcraft during 2001. Traditional leaders cooperated with the
programs and reported threats against persons suspected of witchcraft
to the police. In March an off-duty police sergeant at Paulpietersburg
in northern KwaZulu-Natal shot a 70-year-old women he accused of
killing his father, mother, and son by witchcraft. The woman was
seriously injured.
Prisons did not meet international standards, and prison conditions
did not always meet the country's minimum legal requirements. Severe
overcrowding in some prisons led to poor health; as many as 75 inmates
may occupy a cell designed to hold 40 inmates. The Department of
Correctional Services (DCS), which manages prisons, reported that in
January there were 176,588 prisoners in custody, with 5,576 awaiting
sentences, in facilities designed to hold only 105,000. In January it
was reported that 68 percent of prisons were overcrowded. Prisoners
often were required to sleep in shifts because of a lack of space.
Overcrowding was cited as the main reason for the high rate of HIV/AIDS
infection in prisons and a reported increase of more than 300 percent
in deaths among inmates.
Concerns have been raised over the potential health threat to
thousands of juvenile offenders. In the first 7 months of 2001, 1,101
inmates died of HIV/AIDS. Prison employees and other prisoners abused
and assaulted prisoners physically and sexually. Press reports
indicated that some detainees awaiting trial contracted HIV/AIDS
through rape. Food, especially for prisoners with HIV/AIDS and other
medical problems, frequently was of poor quality and insufficient
quantity. NGOs reported that prison employees stole food from
prisoners. Although prisoners generally had access to health care,
prison officials sometimes withheld prescribed treatment as punishment.
Male and female prisoners were held separately; however, female
prison wards often were on the same grounds as male wards, and Amnesty
International reported that male prisoners raped women prisoners. DCS
statistics from September 2001 documented that there were 29,873 youth
offenders (prisoners under age 21), 3,556 of whom were 17 years of age
or younger. Juveniles normally were not housed with adults; however, in
April 2001, 320 juveniles under 18 years of age awaiting trial were
transferred to secure care centers after it was discovered that they
were detained with adult prisoners at Pollsmoor Prison near Cape Town.
There were credible reports that youths from juvenile wards were sold
to adult prisoners for sexual exploitation, including rape. Juveniles
between the ages of 14 and 18 accused of serious crimes, including
murder or rape, sometimes were placed in pretrial detention in prisons
with adult offenders (see Section 5). Pretrial detainees were not held
separately from convicted prisoners.
Immigrant children detained in the Lindela Repatriation Center
received the same general treatment as adult detainees, were not
provided with separate sleeping facilities from adults, and were not
always provided with food and clothing by the facility (see Section
1.c.).
On June 18, a television news program aired footage from a hidden
video camera showing prison employees at the Grootvlei prison in
Bloemfontein selling a gun to a prisoner serving a sentence for double
murder, bringing a juvenile prisoner to another prisoner for sex,
selling illegal drugs to prison inmates, purchasing frozen chickens
stolen from the prison kitchen, and fraternizing and drinking alcohol
with prisoners. Authorities suspended 22 implicated prison employees.
After their hearings, four of the prison employees were dismissed, and
another resigned. The hearings for the other 17 employees continued at
year's end.
C-MAX prisons were 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. In May an additional C-MAX prison
was opened in Kokstad, KwaZulu-Natal.
The Government generally permitted independent monitoring of prison
conditions, including visits by human rights organizations; however,
only those organizations that were able to send lawyers were allowed to
visit prisons. Other prisoners' rights organizations routinely were
denied access. The Judicial Inspectorate visited prisons during the
year.
d. Arbitrary Arrest, Detention, or Exile.--The Bill of Rights
prohibits detention without trial; however, prolonged pre-trial
detention was a problem. The Bill of Rights 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 waiving that 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 continued to be a problem with
bringing detainees to trial expeditiously.
Legislation regulates 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.
Human rights groups, judges, and judicial scholars have expressed
concern about the Criminal Procedure Second Amendment Act of 1995,
which mandates minimum jail sentences and prohibits bail in certain
cases, thus raising concerns about judicial independence and civil
liberties. The laws have contributed to prison overcrowding by imposing
an increased number of long-term prison sentences.
According to the SAHRC, prisoners waited an average of 6 months to
be tried in the regional courts and 6 months to 1 year in the high
courts; however, in extreme cases detention may extend up to 2 years.
This problem primarily was the result of an understaffed, underfunded,
and overburdened judiciary (both magistrates and prosecutors), with
more cases than it can handle efficiently (see Section 1.e.). In June
2001, the Government initiated a pilot project called the Court Process
Project(CPP), which was designed to control criminal cases in a more
structured way, from the police stations where they originated through
the adjudication process until the convicted person was handed over to
the appropriate prison or welfare/health authorities. This process
included electronically storing the fingerprints and picture of the
accused, which assisted authorities in minimizing the incidence of
mistaken identity or deliberate identity switching by detainees,
thereby limiting the chances of escape. The system also was designed to
prevent docket thefts and to curtail the activities of corrupt police
and court officials. The CPP in Durban was effective in eliminating
lost dockets, prioritizing certain crimes such as violence against
women and children cases, and electronically managing dockets.
There were reports that authorities abused detainees awaiting
deportation. Under the provisions of the law, an illegal immigrant may
be detained for 48 hours pending the determination of his or her
status. A person declared illegally in the country may be detained for
an additional 30 days pending his or her removal from the country. In
practice persons may be held in detention for several days before being
declared as an illegal immigrant or released, and those declared as
illegal regularly were held for more than 30 days. In March an
investigation by the SAHRC found that conditions at the Lindela
Repatriation Center had improved and met every provision under the
Constitution; however, some problems remained (see Section 1.c.).
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 generally respected 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 were the courts of original jurisdiction in criminal cases.
Judges and magistrates hear criminal cases. There is a presumption
of innocence for criminal defendants. The presiding judge or magistrate
determines guilt or innocence. The law requires that 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 can use assessors in an advisory capacity in bail
applications and sentencing. The Office of the National Director of
Public Prosecutions exercised national control over prosecution policy
and applied a consistent national policy for the prosecution of
offenses. There were 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 after 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 functioned 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 were continuing problems.
The Government planned to open 60 justice centers in the country,
comprised of the Departments of Justice, Correctional Services, Welfare
and Health, along with the SAPS, to speed up the administration of
justice, free up the court rolls, and alleviate overcrowding in
prisons; 23 such centers were established during the year. There were
serious backlogs in the numbers of cases that have gone to trial. The
ISS reported that there were 2.58 million crimes recorded by the police
in 2000. Of 610,000 criminal cases, the prosecution service actually
prosecuted 271,000. The other cases were withdrawn or settled out of
court. Of the initial 2.58 million cases, slightly more than 210,000 or
10.5 percent ended in convictions. For serious crimes, the conviction
rates were lower: Carjacking 2.3 percent, aggravated robbery 2.8
percent, and rape 8 percent.
In February 2001, justice officials began a program called Saturday
Courts to address the huge backlog of cases in the courts. It was
estimated that it would take 2 years for this program to clear the
backlog completely. Officials also instituted privately contracted
Additional Courts, which operated in specific districts where there
were significant backlogs and where space was available in existing
court buildings. The Additional Courts used private sector employees or
retirees with judicial experience. In September the National Director
of Public Prosecutions reported that there were 3,027 Saturday and
Additional Courts that had 10,153 additional court days and had
completed 24,570 cases; however, there were 128,656 cases in district
courts and 42,758 in regional courts that remained backlogged at the
end of July.
In 2001 business managers from the private sector and the NGO
Business Against Crime were appointed by the Minister of Justice and
Constitutional Development to oversee the overall functioning of the
courts; however, there were no results reported by year's end.
There was public concern about the capacity of the criminal justice
system to deal with the high level of crime, and the increasing
incidence of vigilante justice reflected this concern (see Section
1.a.).
The Promotion of Equality and Prevention of Unfair Discrimination
Act provides for the establishment of Equality Courts within
magistrates' courts and High Courts to adjudicate complaints. All High
Courts were equality courts for their areas of jurisdiction. During the
year, Parliament passed legislation amending the Equality Act to
simplify the accreditation of magistrates as equality court judges.
The amnesty committee of the TRC finished the last two volumes of
the final report in September, and the Cape High Court was expected to
hear an IFP suit to remove or correct parts of the final report in
January 2003. At year's end, the National Directorate of Public
Prosecutions (NDPP) was reviewing all cases that were considered by the
TRC to determine which cases to prosecute. The NDPP considered for
prosecution only those cases in which amnesty was not granted or those
in which the individual did not apply for amnesty.
In May the Eastern Cape 33 prisoners, mostly ANC and PAC members,
who were refused amnesty by the TRC, received presidential pardons. The
pardoning of the Eastern Cape 33 generated criticism from many,
including the former chairperson of the TRC. The Justice Minister
stated that between April 2001 and March, 339 presidential pardons were
granted from 846 applications. According to opposition parties, these
pardons undermined the TRC amnesty process. On September 19, one of the
Eastern Cape 33 prisoners, Dumisani Ncamazana, was arrested on charges
of murder and illegal possession of a firearm and charged with the May
slaying of East London businessman Martin Whitaker. In December
Ncamazana and his brother were found guilty and sentenced to life
imprisonment.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such practices, and the
Government generally respected these prohibitions. Violations generally
were subject to effective legal sanction; however, there were reports
of police abuses during sweeps and home searches (see Section 1.c.).
On November 1, more than 10 police officers entered the house of
the Mchunu family in Soweto, looking for someone not known to the
family. The police officers entered without any warning and broke the
back and front doors. Sam Radebe, a visitor, was allegedly sprayed in
the face with a spray can and assaulted by the police officers. No
action was taken against the responsible officers by year's end.
The Transvaal Agricultural Union accused the SAPS of harassing and
intimidating citizens during November and December pre-dawn raids on
homes and farms without warrants. No action was taken against the
responsible officers by year's end.
In November the Parliament passed the Regulations of Interception
and Provision of Communication-Related Information Bill that provides
for state monitoring of all telecommunications systems for criminal
investigations, including cell phones, the Internet, and e-mail. The
Bill requires an order from a judge in most cases; however, in some
cases, high-ranking police or army officers were authorized to grant
permission. The President had not signed the legislation into law by
year's end.
The Promotion of Access to Information Act is to assist authorities
in obtaining personal information and is used solely in criminal
investigations; however, opposition parties and human rights NGOs
objected to its broadly defined provision that enabled the Government
to access an individual's personal information.
During the year, the Department of Home Affairs conducted sweeps of
squatter camps and sent illegal immigrants to Lindela Repatriation
Center to await repatriation (see Section 1.c.).
The Land Claims Court settled cases previously screened and
evaluated by the Commission on Restitution of Land Rights. Claims only
could be filed for land dispossessions that occurred after the
promulgation of the Natives Land Act of 1913, although this does not
include dispossessions that occurred in 1913, the year of the former
government's most significant land redistribution. The various forms of
compensation offered to claimants were the return of the original land,
a deed to another piece of land, financial remuneration, or
preferential access to government housing. The Commission ceased
accepting applications after 1998, but the cases have moved slowly,
which has caused increasing tension and frustration and has resulted in
some land occupations by squatters. In March 2001, the Commission began
a process to determine which claims were valid, and the process was 92
percent complete by year's end. The Ministry of Land Affairs was
authorized to offer settlements without first going to court, which has
expedited the resolution process. At year's end, 36,279 restitution
claims, involving 85,005 households and 437,145 beneficiaries had been
settled. There was no action taken, nor was any likely to be taken,
against those responsible for the 2001 illegal selling of land to
squatters in the East Rand.
There were reports that farm residents were evicted illegally by
farmers; however, the Department of Land Affairs could not substantiate
some alleged illegal evictions and many such evictions apparently were
not reported.
There were reports that persons accused of witchcraft were driven
from their villages in rural communities (see Sections 1.c. and 5).
Some survivors of attacks and their families were driven from their
villages and were living in ``witch villages'' for safety in Limpopo
Province. The villages have no running water or electricity. Although
some persons accused of witchcraft returned to their homes, many
persons remained in the villages and requested government assistance
for schools and basic infrastructure. During the year, in KwaZulu-
Natal, individuals or mobs attacked and, in some cases, killed persons
who they accused of witchcraft-related activities.
On June 16, three members of a family in Ezibeleni in northern
KwaZulu-Natal were arrested after they allegedly set fire to a house of
a women they believed to be practicing witchcraft. The owner of the
house was unharmed, and the three were charged with arson.
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, these rights can be
limited by law in some circumstances. Several apartheid-era laws that
remained in force posed a potential threat to media independence; the
South African National Editors' Forum (SANEF) recommended that between
13 and 15 laws should be reviewed for possible revocation. The Justice
Department agreed to establish a committee with SANEF to review the
legislation in question; however, the review had not occurred by year's
end. The Constitution bans the advocacy of hatred based on race,
ethnicity, gender, or religion that constitutes incitement to cause
harm. The press criticized both the Government and the opposition
during the year.
In May songwriter Mbongeni Ngema released a song called Ama-Ndiya
(Indians). The song immediately was viewed as racist and anti-Indian.
The Broadcasting Complaints Commission said the lyrics were
``inflammatory'' and ``promoted hate in sweeping, emotive language
against Indians as a race.'' On June 11, a Durban scriptwriter won an
interim injunction against the distribution or sale of the song. In
July the South African Human Rights Commission and the Broadcasting
Complaints Commission criticism led to the banning of the song from the
airwaves.
All newspapers were owned by conglomerates. One of the prominent
companies, New Africa Media, was a black-owned consortium that
controlled the country's largest circulated daily newspaper, The
Sowetan, as well as a larger publishing business, Times Media Limited.
Print media reached approximately 20 percent of the population.
This was due to high levels of illiteracy, the lack of newspapers in
rural areas, and the cost of newspapers. The majority of the population
received the news through radio broadcasts from the national
broadcaster (SABC) and community radio stations.
The Government used both legislative and structural means to
encourage greater diversity in the media. The media offered a broad
range of news, opinion, and analysis. Coverage of news and expression
of opinion were vigorous. High-ranking government officials on occasion
reacted sharply to media criticism of government programs and problems
and at times accused journalists, particularly black journalists and
editors, of disloyalty and white journalists and editors of racism.
Several laws remained in effect that permitted the Government to
restrict the publication of information about the police, the national
defense forces, prisons, and mental institutions. While these laws were
not used often, journalists perceived them to be a threat to
constitutional free press rights. The Criminal Procedure Act may be
used to compel reporters to reveal their sources. The Western Cape
Provincial Director of Public Prosecutions invoked a section of the
Criminal Procedure Act and subpoenaed two photographers and an editor
of Die Burger newspaper because of their film footage of the events on
the night drug lord Rashaad Staggie was killed. The photographers and
the editor contested their subpoenas in court under the clauses related
to media freedom and freedom of speech in the Bill of Rights. In 2001
the Government first withdrew then reissued the subpoenas. In February
the Cape High Court decided that the photographers could submit
affidavits confirming they had taken certain published photographs
rather than providing direct testimony in the trial.
Some journalists expressed concern that the Government wanted to
control the media. A larger number of journalists believed that the
Government's sensitivity to criticism caused self-censorship in the
media. SANEF and the Freedom of Expression Institute (FXI) were
concerned that the Government's alleged attempts to silence expressions
of dissent eventually could be codified into law.
The Government-owned SABC, a limited liability company, continued
to own and control the majority of the television and radio outlets.
The SABC was scheduled to be split into two operational units--a public
broadcasting company and a commercial entity; however, the
restructuring had not occurred by year's end. The SABC was managed by
black executives, provided broadcasting in the country's main African
languages, and offered news coverage of the Government and the leading
opposition parties. The SABC maintained editorial independence from the
Government, although the balance between editorial independence and
national interest remained a delicate topic with governmental
officials. Critics alleged that top officials were chosen for political
reasons without regard for media expertise or relevant experience.
The only commercial television station, e-TV, reaches 75 percent of
the population; however, its share of the viewership was only
approximately 10 percent. Most of e-TV's schedule consisted of
newscasts and foreign-produced programs; the Government urged e-TV to
meet its licensing conditions, which required programming to include at
least 30 percent local content. Majority ownership of e-TV was held by
Midi Television, a black-owned consortium composed of a number of
associations and syndicates representing workers, women, and persons
with disabilities.
In addition to e-TV, the SABC competes with two pay-per-view
broadcasters, M-NET (encoded UHF transmissions) and MultiChoice
(satellite broadcasts); several commercial radio broadcasters; and a
large number of low-power, not-for-profit community radio stations.
Government broadcast regulators regularly issued community radio
licenses; many of the more than 80 stations operating continued to
experience financing and personnel problems. Nevertheless, community
radio provided special event information and news tailored for specific
interest groups. In March 2001, Radio Islam, the Muslim community radio
station, applied for and was granted a 12-month temporary license.
During the year, it received an additional 12-month extension and
applied for a 4-year license, which was pending at year's end.
There were several government agencies with media-related
responsibilities such as the Independent Communications Authority of
South Africa (ICASA). The ICASA has less independence from the Ministry
of Telecommunications than previously was granted to the Independent
Broadcast Authority. In September 2001, the Department of
Telecommunications introduced a bill to Parliament that included
further limits to the power of ICASA and gave greater authority to the
Minister of Communications. This bill was the subject of a great deal
of domestic and foreign media scrutiny and criticism. SANEF regarded it
as a regressive step by the Government that could result in very little
independence for the regulator of the broadcasting and
telecommunications media. The bill was passed by the Parliament in
November 2001; however, the President had not signed it into law by
year's end.
The Minister of Communications has a direct role in the awarding of
telecommunication-service licenses.
The Foreign Publication Board, formerly the Government Board of
Censors, reviewed and judged written and graphic materials published in
or imported into the country. The Board had the power to edit or ban
books, magazines, movies, and videos, and it regularly exercised that
power, mostly regarding pornographic material. The Government
Communications and Information Service (GCIS) coordinated and
facilitated communications with the citizenry through its Directorate
for Media Diversity and Development.
Internet access was unrestricted for persons with the ability to
pay for the service. The number of Internet users continued to expand
quickly. All major newspapers maintained Internet sites, most of which
were updated daily with the latest news and features. In November the
Parliament passed a bill that provides for state monitoring of
telecommunications, including the Internet and e-mail (see Section
1.f.).
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice. However, on July 11,
police used tear gas and rubber bullets to disperse forcibly a crowd of
approximately 100 persons during a South African Municipal Workers'
Union strike in Cradock; 10 persons were injured.
There was no action taken against the responsible police officers
who forcibly dispersed approximately 100 persons in February 2001,
injuring 2 of them, and who forcibly dispersed striking postal workers
in March 2001.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Bill of Rights prohibits the State from unfairly discriminating
directly or indirectly against anyone on religious grounds, and it
states that persons belonging to a religious community may not be
denied the right, with other members of that community, to practice
their religion and to form, join, and maintain religious associations.
Cases of discrimination against a person on the grounds of religious
freedom can be taken to the Constitutional Court.
Relations between the various religious communities generally were
amicable.
For a more detailed discussion, see the 2002 International
Religious Freedom Report.
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.
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 Refugees Act provides that no
person shall be expelled, extradited, or returned to any other country
if he or she faced persecution due to race, religion, or political
affiliation, or when ``his or her life, physical safety, or freedom
would be threatened.'' The act also stipulated 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 changed; however,
the act stipulated that in order to renew their temporary residency
permits, asylum seekers must return to the town in which they
originally submitted their applications to be recognized as refugees.
Permits that were lost, stolen, or destroyed were not renewed. If found
without a valid permit, asylum seekers were subject to arrest,
detention, and deportation. The act was supported by the new
Immigration Bill that was passed by the Parliament and signed into law
in May.
The U.N. High Commission for Refugees (UNHCR) assisted the
Government in processing asylum applications. The Department of Home
Affairs was required to interview asylum seekers within 14 days of
entry and to determine their status within 180 days of the interview;
however, asylum applications were not processed efficiently due to poor
management and insufficient resources. There were interview delays of
up to 3 months, followed by a 6-month adjudication period; under new
procedures, applicants were prohibited from working or attending school
until asylum was granted. NGOs continued to encourage the Government to
give equal access to health, education, and legal protection to
foreigners. Human rights groups criticized the Department of Home
Affairs for not following the provisions of the act. New applicants for
asylum and NGOs assisting refugees reported abuse and assaults by
immigration authorities and requests for bribes to process applications
for permits to remain in the country. Human rights groups also reported
asylum seekers being turned away at borders or repatriated immediately
upon arrival at airports without benefit of formal asylum processing.
The SAHRC lawsuit against the Department of Home Affairs to compel it
to process all applications by asylum seekers as required by the
Refugees Act still was pending at year's end. The UNHCR, the National
Consortium on Refugee Affairs, and the SAHRC continued their ``Roll
Back Xenophobia'' campaign to raise public awareness of the situation
and rights of refugees and the difference between refugees and economic
migrants. The campaign produced publications, organized several public
relations events, and instituted a Police Training Initiative in
cooperation with the SAPS to sensitize police officers on the need to
protect refugees and to deal properly with foreign nationals.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees. The Government provided first
asylum. The Department of Home Affairs reported that as of August,
65,798 persons had applied for asylum since 1994. Of this number,
58,721 applications had been finalized, including 19,106 granted asylum
and refugee status, 35,268 refused, and others falling into various
other categories such as applications withdrawn, cancelled, or
manifestly unfounded; 7,077 were awaiting a decision at year's end. At
year's end, there were approximately 89,000 asylum seekers in the
country; 23,000 had been granted refugee status. The majority of
recognized refugees came from Somalia, the Democratic Republic of the
Congo (DRC), and Angola; there also were refugees from Rwanda, Burundi,
and the Republic of the Congo.
The majority of illegal immigrants came from Mozambique and
Zimbabwe. Illegal immigrants were processed for deportation at a
central facility and sent back to Mozambique and Zimbabwe by weekly
trains. Inadequate security on the trains allowed many deportees to
jump from the train en route, perpetuating the illegal immigration
problem. Despite numerous procedural safeguards, efforts to combat a
growing illegal immigration problem occasionally resulted in the
wrongful deportation of aliens who legally were in the country;
however, there were no reports of the forced return of persons to
countries where they feared persecution.
There 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 (see Section 1.c.).
Unlike in the previous year, there were no reports that police used
their dogs to attack immigrants (see Section 1.c.).
Xenophobia led to a number of violent attacks on foreigners (see
Section 1.a.). In January three Angolans and one citizen were killed
and a house burned in clashes between locals and refugees in the Joe
Slovo area in Milnerton, a Cape Town suburb. Detectives were
investigating the case at year's end; however, they were hampered
seriously by the lack of witnesses willing to testify.
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 exercised this right in practice
through periodic free and fair elections held on the basis of universal
suffrage. In June 1999, national elections were held that observers
deemed to be free and fair. There was an improved level of overall
tolerance during the campaigning and voting period compared with the
1994 elections, attributable to IFP-ANC talks, as well as to an
increased police presence. Complaints primarily concerned posters being
removed or defaced, individuals being threatened because of political
affiliation, and other incidents of intimidation. In May a commission
led by Dr. Frederik van Zyl Slabbert was appointed by the Minister of
Home Affairs to study possible alternatives for the electoral system
which would become effective in the 2004 general elections. A
consultative process was completed and final recommendations were
pending at year's end.
The country has a bicameral parliament, an executive state
presidency, and an independent judiciary, including a constitutional
court.
The two houses of Parliament are the National Assembly, with 400
members, and the National Council of Provinces (NCOP), consisting of 6
permanent and 4 rotating delegates from each of the 9 provinces. The
NCOP, created to give a greater voice to provincial interests, was
mandated to approve legislation that involved shared national and
provincial concerns according to a schedule in the Constitution and to
concur on other legislation. There was an 18-member Council of
Traditional Leaders, which the Constitution accords an advisory role in
matters of traditional law and authority.
Four parties--the ANC, the IFP, AZAPO, and the NNP--shared
executive power. The ANC dominated the Government and gained in
parliamentary strength in the 1999 elections. ANC members occupied 24
of the 27 ministerial positions. In 1999 the ANC leader, Thabo Mbeki,
succeeded Nelson Mandela as President and Head of State. As a result of
the 1999 national elections, the official opposition party in the
National Assembly was the Democratic Party (DP), which joined with the
smaller Federal Alliance (FA) to constitute the Democratic Alliance
(DA). In November 2001, the NNP left the DA and reached an agreement to
cooperate in government with the ANC at national, provincial, and local
levels. The National Assembly also included the UDM, the African
Christian Democratic Party, the Pan-Africanist Congress, the United
Christian Democratic Party, the Freedom Front, the Afrikaner Unity
Movement, the AZAPO, and the Minority Front.
The UDM challenged in the Constitutional Court legislation that
allows elected officials to change political parties without losing
their seat in the legislature. On October 4, the Constitutional Court
ruled that it was constitutional for elected officials at the municipal
and local levels of government to defect (``cross the floor'') to
another party without losing their seats on city or municipal councils.
As a result, power could change hands on many local councils. The court
also ruled that defections at provincial and national levels satisfied
constitutional requirements; however, the court held that a procedural
flaw in the legislation necessitated a constitutional amendment.
The questions surrounding traditional leaders and their authority
at the local level and participation in local councils were not
resolved by year's end. The traditional leaders claimed that municipal
demarcations split and diminished their hereditary status and power
bases. They also complained that new municipal structures and
legislatures denied them voting rights in local councils, which
controlled development funds for local communities. In February
President Mbeki implied that the Government would address this issue;
however, it had not done so by year's end. There were reports that
leaders in some areas actively hindered government activities where
they infringed upon areas under traditional rule.
There were very few reports of violence or irregularities during
the 2000 local elections; however, in the East Rand area of
Johannesburg, there were reports that five persons were killed in acts
that may have been politically motivated. On March 28, the case came
before the Germiston Regional Court and was withdrawn since all the
witnesses failed to appear in court. The witnesses allegedly were
intimidated into not testifying.
There were no legal impediments to women's participation in
government or politics. There were 117 women in the 400-seat National
Assembly, and there were 18 women among the 54 permanent delegates of
the NCOP. Women occupied three of four parliamentary presiding officer
positions (speaker and deputy speaker of the National Assembly, and
chair of the NCOP). Women held 9 of 27 ministerial positions, as well
as 8 of 16 deputy ministerial slots.
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 generally were
cooperative and responsive to their views. Many organizations
participated in governmental bodies that sought to gather public input
and to fashion policies related to human rights.
The Government-created SAHRC was tasked with promoting the
observance of fundamental human rights at all levels of government and
throughout the general population. The SAHRC also has the power to
conduct investigations, issue subpoenas, and hear testimony under oath.
In 2001 the SAHRC began research into allegations of abuse of black
farm workers, local justice system prejudice against farm workers, and
violence against white farm owners (see Section 1.a.). In July and
August, there were public hearings in the nine provinces concerning the
human rights situation in farming communities. National hearings were
conducted in Johannesburg in October. The SAHRC undertook a number of
other activities during the year, including a national action plan and
strategy to combat racism, the ``Roll Back Xenophobia'' campaign, a
study of socio-economic rights, and an inquiry into sexual offenses
against children (see Section 5).
The Office of the Public Protector investigated abuse and
mismanagement by the Government, and acted as an office of last resort
to which citizens reported unfair treatment by government entities.
Such complaints generally took the form of concerns over lost pension
checks or unfair hiring practices. The office handled an increasing
number of complaints but was hampered by severe resource constraints.
The TRC was empowered by legislation to investigate 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. The amnesty committee concluded its proceedings in June 2001,
but a committee of the TRC still was compiling the last two volumes of
the seven-volume TRC report. The two volumes--one by the amnesty
committee and the other a comprehensive victims list--will end formally
the TRC's work and activate the state's obligation to consider the
recommendations of the commission. The final report was scheduled for
submission to the President in September; however, it was delayed,
pending a court decision on IFP leader Mangosuthu Buthelezi's suit to
prevent publication of the report. An estimated 80 to 90 percent of the
7,112 applications for amnesty were from persons already incarcerated.
A total of 1,146 applicants were granted amnesty.
The Department of Justice was tasked with making a final decision
on the reparations issue and implementing the decisions. The TRC
officially expressed concern regarding delays in implementing
reparation measures and doubt about the level of government support for
reparation funding. Final decisions could only be made after the final
report has been given to the President. The more than 21,000 victims
identified by the TRC have received some interim reparations but have
been waiting 5 years longer than expected for final reparations.
On June 26, the Khulumani support group filed a suit in the Cape
High Court, demanding access to information held by the TRC. Archbishop
Tutu, Justice Minister Maduna, and President Thabo Mbeki were named as
correspondents. Khulumani claimed that attempts to get access to the
state's draft reparation policy have been blocked repeatedly. The goal
of the Khulumani Victims Support Group was to become involved in the
discussions on reparations and to speed up the process.
The Human Rights Investigative Unit has authority to prosecute
those persons who failed to ask for amnesty or to whom amnesty had been
denied. All human rights abuses addressed by the TRC's amnesty
committee were scrutinized by the unit. In October 2001, the TRC's
amnesty committee submitted its final report; it was estimated that no
more than 20 cases potentially could be prosecuted, which could take up
to 5 years. The case against Dr. Basson was the first case pursued by
this unit to go to trial; in April Dr. Basson was acquitted of all 46
charges (see Section 1.a.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the grounds of race,
disability, ethnic or social origin, color, age, culture, language,
sex, pregnancy, or marital status. The Promotion of Equality and
Prevention of Unfair Discrimination Act places a responsibility on the
State and any person in the public domain to promote equality. The act
addresses discrimination in a broad context in the workplace, health
care, education, services, pensions, and other socio-economic areas.
Legal recourse was available to those who believed that they have been
discriminated against; however, entrenched attitudes and practices, as
well as limited resources, restricted the practical effect of these
protections.
Women.--There was a high rate of domestic violence, including
physical, sexual, emotional, and verbal abuse, as well as harassment
and stalking of former partners. Entrenched patriarchal attitudes
towards women were a significant factor in underreporting. It was
difficult for abused women's cases to be prosecuted effectively, and
abused women often were treated poorly by doctors, police officers, and
judges.
A study conducted in 1999 in three provinces by the Medical
Research Council (MRC), a statutory body, found that 27 percent of
women in the Eastern Cape, 28 percent of women in Mpumalanga, and 19
percent of women in the Northern Province had been abused physically in
their lifetimes by a current or ex-partner. In a 1999 study by the MRC
of 1,394 men working for 3 Cape Town-area municipalities, approximately
44 percent admitted to abusing their female partners. In a MRC study of
1,800 working men in the Western Cape Province over a 10-year period,
22 percent reported forcing their wives or girlfriends to have sexual
intercourse.
The law defines victims of domestic violence, facilitates the
serving of protection orders on abusers, requires the police to take
victims to a place of safety, and allows police to seize firearms at
the scene and arrest abusers without a warrant. The law defines marital
rape as a criminal offense and permitted women to obtain injunctions
against abusive husbands in a simple, less expensive, and more
effective manner. The law extends legal protection from domestic abuse
to persons who are not in legal or common-law marriages. Violating a
protection order is punishable by a prison sentence of up to 5 years,
or 20 years if additional criminal charges, including indecent assault,
rape, incest, attempted murder, malicious damage to property, or
pointing a firearm, are made.
The implementation of domestic violence legislation was hampered by
societal attitudes and a lack of infrastructure, resources, and
training for law enforcement officials. Researchers at the University
of Cape Town's Institute of Criminology reported that while many police
and other judicial system officials were committed to complying with
the law, it was not implemented adequately. It was believed that the
number of women who filed complaints represented only a fraction of
those who suffered abuse. Statistics on prosecution and conviction of
domestic abusers were not available at year's end. In August 2001, the
Constitutional Court ruled that a woman could be awarded damages on the
basis that the Government failed to protect her security.
Domestic violence was the subject of extensive media coverage, much
of which was focused on the need to improve implementation of domestic
violence legislation and to impose longer sentences on convicted
abusers. The parliamentary monitoring committee on women's affairs
completed consultations with NGOs and local and national government
officials regarding defects in the domestic violence laws. During the
year, the Parliament's Joint Monitoring Committee on the Quality of
Life and Status of Women approved a report on defects in the domestic
violence laws, and the National Assembly adopted the report. The
committee followed up the report with an active monitoring program and
remained concerned about problems in this area.
The Government financed 25 shelters for abused women. This number
was inadequate, particularly in the rural areas. The SAPS operated 12
Family Violence, Child Protection, and Sexual Offenses (FCS) Units,
which dealt specifically with these issues and which were intended to
increase victims' confidence in the police and lead to increased
reporting of such crimes. Six training courses for FCS Investigating
Officers were held annually, and there were numerous additional
workshops and seminars for other members of the police force, including
gender sensitivity training. The Government conducted domestic violence
awareness campaigns such as the 16 Days of Activism of No Violence
Against Women and Children campaign in December and counseling services
in partnership with the Network of Violence Against Women, an NGO
consortium.
Rape, including spousal rape, was illegal. There was an extremely
high incidence of rape for reasons that included a poor general
security climate and societal attitudes condoning sexual violence
against women. In the large majority of rape cases, the perpetrator
went unpunished.
The SAPS reported that between January and March 2001, there were
144.2 rapes reported per day or 29.5 rapes per 100,000 persons;
however, according to a 1998 SAPS survey cited in the Statistics South
Africa (StatsSA) report, only half of all respondents who were raped
reported the incident to the police. Of the cases reported, 47.6
percent were referred to court after an investigation. The Rape Crisis
Organization of South Africa reported that only 8.9 percent of reported
rapes resulted in a conviction (see Section 1.e.).
Rape, sexual assault, and sexual harassment of black female farm
workers by farm owners, managers, and by other farm workers was common.
The Office on the Status of the Women, located in the Presidency,
reported in the 2000 National Policy Framework for Women's Empowerment
and Gender Equality that ``there are few support structures for victims
of rape. At police stations, rape victims face a lack of facilities
coupled with the unsympathetic treatment women frequently receive from
both the police and the justice system.'' Although judges in rape cases
generally followed statutory sentencing guidelines, judges occasionally
were criticized by women's advocacy groups for using questionable
criteria, such as the victim's behavior or relationship to the rapist,
as a basis for imposing lighter sentences.
The Government established 22 sexual offense courts throughout the
country, designated waiting rooms for victims, established counseling,
installed more than 2,000 intermediary facilities at courts, and
trained judicial officers.
The issue of rape was covered widely in the media during the year.
There were a number of demonstrations against rape, such as the October
massive protest against child abuse and child rape, which culminated
with the presentation of a petition to Minister of Home Affairs
Mangosuthu Buthelezi.
Unlike in the previous report, there were no reports that female
immigrants and asylum seekers were abused sexually during detention.
Female genital mutilation (FGM) was practiced in some areas of the
Eastern Cape and KwaZulu-Natal; however, it was not considered to be
widespread and was confined to isolated cases. The law specifically
prohibits FGM as unfair discrimination.
Prostitution was illegal, but it was widespread and practiced
rather openly. In August 2001, the Pretoria High Court ruled that
sections that prohibited prostitution in the Sexual Offences Act were
unconstitutional. There were incidents of harassment by policemen
demanding sexual favors of prostitutes under threat of penalizing them
for lewd conduct or public loitering. There was no law that
specifically prohibited sex tourism, although it was covered under the
general prohibition against prostitution. The Government was not
involved in sex tourism.
There were reports that women were trafficked into the country for
prostitution (see Section 6.f.).
Although no official statistics were available, there was anecdotal
evidence that sexual harassment was a widespread problem. An attorney
from the Women's Legal Center, an NGO, estimated in July 2001 that 76
percent of women had experienced some form of sexual harassment; 40
percent of these women had left their jobs or changed jobs as a result
of the harassment. Perpetrators of sexual harassment can be prosecuted
under a number of laws; however, there were few successful
prosecutions.
Discrimination against women remained a serious problem despite
equal rights under family law and property law with regard to
inheritance, divorce, and custody of children, and equal legal rights
under the judicial system.
Polygyny continued to be practiced by several ethnic groups.
Exacting a bride price (``lobola'') also was a traditional practice of
some ethnic groups. The Recognition of Customary Marriages Act of 2000
recognizes customary marriages, both monogamous and polygynous;
however, it did not address religious marriages, which were not
recognized by the law.
Discrimination against women in the workplace was prohibited under
the law, which included both antidiscrimination and affirmative action
provisions; however, in practice women experienced economic
discrimination in areas such as wages, extension of credit, and access
to land. For example, township housing transfer schemes favored
existing titleholders who tended to be men, and women in rural areas
found it hard to obtain security of tenure, which was a precondition
for accessing housing subsidies. Women, especially black women,
typically had lower incomes and less job security than men. Most women
were engaged in poorly paid domestic labor and micro-enterprises, which
did not provide job security or benefits. Domestic workers usually did
not have contracts with their employers and had little recourse for
unfair treatment or abuse. Female farm workers often experienced
discrimination. Female farm workers' access to housing often was
dependent on their relationship to male farm workers. Women generally
occupied the less well-paid farming jobs or received lower wages than
men who performed the same type of work. Many female farm workers were
denied maternity leave in violation of the law or were allowed only the
minimum time to give birth and return to work.
According to data supplied in 2000 by employers with 50 or more
employees, women held 13 percent of all top management positions, 20
percent of all senior management positions, and 43 percent of
professional and middle management positions. This last figure was high
because of the disproportionate representation of women within the
nursing and teaching professions, which were included in those
categories. Approximately 17 percent of women who worked were domestic
laborers; the majority of these workers were black women with little or
no education.
The Department of Trade and Industry ran a program to provide
incentive grants to promote the development of small and medium
businesses and microenterprises for women, young persons, and persons
with disabilities in the areas of manufacturing, tourism, arts and
crafts, and imports and exports.
A number of governmental and nongovernmental organizations
monitored and promoted women's human rights. The Office on the Status
of Women, located in the Office of the President, coordinated
departmental gender desks, which developed strategies to ensure
integration of gender concerns into governmental policy and planning.
The Commission on Gender Equality (CGE), a constitutionally mandated
body, was authorized to investigate allegations of gender
discrimination and make recommendations to Parliament on any
legislation affecting women; however, the CGE was hampered by a lack of
funding during the year. Parliament's Joint Committee on Improvement of
Quality of Life and Status of Women was mandated to monitor the effects
of government programs and policies on women. In 2001 the committee
devoted special attention to monitoring gender equity in the Government
budget process. In October the Parliament approved a 2000 report by the
committee on the impact of HIV/AIDS on women, which included a
recommendation that the Government provide pregnant women who are HIV-
positive with antiretroviral medication.
There were numerous active women's rights groups that focus on such
areas as violence against women and the economic advancement of women.
Children.--The Constitution stipulates that children have the right
``to security, education, basic nutrition, and basic health and social
services.'' The Government remained 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 exceeded the resources available. The Government was
unable to provide for the rapidly growing number of children who were
affected by HIV/AIDS, including both infected children and AIDS
orphans.
The law provides greater educational opportunities for
disadvantaged children--traditionally black children--through a uniform
system for the organization, governance, and funding of schools. It
mandated compulsory education from ages 7 to 15 and ensured that
children cannot be refused admission to public schools due to a lack of
funds. According to the Department of Education, approximately 90
percent of 7- to 15-year-olds and 83 percent of 16- to 19-year-olds
were enrolled in school. In its 2001 South Africa Statistics report,
StatsSA reported that 50.3 percent of all students in public and
independent schools were girls, and women comprised 55 percent of all
university students and 43 percent of all technicon (technical
colleges) students; however, the Office of the Status of Women reported
in the 2000 National Policy Framework for Women's Empowerment and
Gender Equality that a number of factors, including unplanned
pregnancies, domestic responsibilities (particularly in rural areas),
and gender stereotypes contributed to high drop-out rates and lower
secondary school pass rates for girls. Although girls comprised 55
percent of those taking senior certificate exams, they only represented
52 percent of those passing, according to the StatsSA report.
The school funding formula, based on norms and standards tied to
physical resources and performance, devoted 60 percent of nonpersonnel
resources toward the 40 percent that were the most needy schools. Each
of the nine provincial departments of education had responsibility for
the schools in their provinces, which resulted in the uneven
distribution of educational facilities. The disparity affected the
areas of Eastern Cape, the Northern Province, and KwaZulu-Natal most
severely. The availability and quality of primary schooling still was a
problem, especially in rural areas where schools may not be easily
accessible or where children worked (see Section 6.d.). Most schools in
rural and urban KwaZulu-Natal reportedly faced many problems of
inadequate learner support materials, long-vacant teaching posts,
overcrowding, late pupil registration, and vacation time vandalism;
however, despite the setbacks and poor matriculation pass rate, school
principals said there was a promise of improved support and delivery
from provincial officials, greater community involvement, and better
inter-school cooperation. To address this problem, the Government
continued to build new schools and introduced basic skills development
and prevocational training into the curriculum.
Student populations on university campuses were becoming more
representative of the general population, with the most prestigious
government-administered universities making an active effort to recruit
students from disadvantaged communities.
There were a number of governmental social welfare programs for
children, known as ``Presidential Initiatives,'' including free health
care for pregnant women and children under 6 years of age and school
meal programs for primary school children. In practice it sometimes was
difficult for persons in rural areas to obtain access to health care
facilities and other social welfare programs. NGOs called for reforms
of social security programs, including programs targeted at children,
particularly in response to the increasing number of HIV/AIDS orphans.
The Government was criticized widely by HIV/AIDS activists for failing
to protect adequately young children from HIV/AIDS transmission through
the provision of antiretroviral medication to pregnant and breast-
feeding women. The Cabinet continued to withhold approval for programs
to reduce the rate of mother-to-child transmission of HIV/AIDS during
the year; however, the director of AIDS programs allowed provincial
governments to implement the programs without cabinet approval. The
Constitutional Court has ruled that the National government has a
constitutional responsibility to provide an effective HIV/AIDS
prevention program to reduce mother to child HIV transmission.
Violence against children, including domestic violence, remained
widespread. The law prohibits domestic violence against children and
requires medical, educational, and other practitioners working with
children to report such abuse immediately. While the Government, the
public, and the media paid increased attention to the problem, a lack
of coordinated and comprehensive strategies to deal with violent crimes
continued to impede the delivery of needed services to young victims.
In July 2001, a senior police officer reported to a parliamentary
committee that there was a significant increase in reports of child
abuse. Although corporal punishment in schools was prohibited by law,
there were reports that teachers used physical violence to discipline
their students. In addition, there continued to be racially motivated
violence among students in schools.
Reports of child rape increased significantly, as have reports that
men were committing rape due to a growing myth that having sexual
intercourse with a virgin can cure HIV/AIDS. Between January 2000 and
June 2001, the police reported 31,780 cases of rape and attempted rape
of children; however, observers believed that these figures represented
a small percentage of the actual incidents of child rape, because most
cases involved family members and were not reported. The country had a
low conviction rate for rape and child abuse. The conviction rate in
cases of child abuse in Johannesburg reportedly was 2.6 percent. The
minimum sentence for rape of a child was life in prison, but judges
have the discretion to grant more lenient sentences. In November 2001,
a 9-month-old girl was raped in Upington; six men were arrested for the
crime, but later released when DNA tests showed no link between the men
and the rape. The incident was part of a series of rapes of baby girls
that continued during the year.
In March 2001, HRW released a report entitled ``Scared at School:
Sexual Violence Against Girls in South African Schools,'' which
documented widespread rape, sexual abuse, sexual harassment, and
assaults of girls at school by teachers, students, and other persons in
the school community. According to the report, girls ``are confronted
with levels of sexual violence and sexual harassment in schools that
impede their access to education on equal terms with male students.''
The report stated that the Government was working to improve its
responses to domestic and sexual violence, but recommended ``a more
proactive, coordinated, and system-wide response.'' In July the
Minister of Education requested that schools establish hot lines to the
local police stations and that trauma centers be set up wherever
possible to support the Department of Education's commitment to a
national toll free line that would deal with all aspects of violence in
schools. The law requires schools to disclose sexual abuse to the
authorities; however, administrators often disregarded the obligation
by concealing sexual violence or delaying disciplinary action. The
report further noted that ``sexual violence and harassment in South
African schools erect a discriminatory barrier for young women and
girls seeking an education.''
A 2000 survey documented that 39 percent of sexually active teenage
girls reported being raped. According to HRW, girls who experienced
sexual violence often left school temporarily, changed schools, or quit
attending school to escape continuing abuse; those who remained in
school had difficulty completing their studies. The level of sexual
violence in schools also increased the risk for girls of contracting
HIV/AIDS or other sexually transmitted diseases, as well as unwanted
pregnancies.
The Government introduced initiatives to address school violence;
however, it does not have a national policy to address sexual violence
and harassment in schools. HRW reported an absence of standard
procedural guidelines governing how schools should treat persons
accused of sexual violence or harassment.
Virginity testing on young girls and traditional male circumcision
still were prevalent in various parts of the country. Virginity testing
was a violation of the law. In 2001 HRW reported that virginity tests
were conducted at some schools in KwaZulu-Natal. Several teenage boys
died or were mutilated and hospitalized as a result of unsafe practices
during traditional circumcision rituals in Eastern Cape and KwaZulu-
Natal. In June five boys died of wounds and exposure during a
traditional initiation process near Heidelberg, and another 18 boys
were admitted to a hospital after suffering from complications. The
initiation school was closed. In June a 30-year-old traditional surgeon
in the Eastern Cape was arrested for performing 90 unlawful
circumcisions without parental consent. The Eastern Cape Provincial
government introduced legislation to regulate traditional male
circumcision and improve health standards during the ritual; however,
at least 8 initiates died in the Eastern Cape alone during the winter
circumcision season, and at least 49 initiates were hospitalized.
FGM still was performed on young girls in some rural areas of the
Eastern Cape and KwaZulu-Natal (see Section 5, Women).
Child prostitution was a problem (see Section 6.f.).
Persons with Disabilities.--The Constitution prohibits
discrimination on the basis of disability; however, in practice
government and private sector discrimination against persons with
disabilities in employment existed. Society increasingly was open to
the concept of persons with disabilities as a minority whose civil
rights must be protected. The Government attempted to ensure that all
government-funded projects take account of the needs of citizens with
disabilities. The law mandates access to buildings for persons with
disabilities; however, such regulations rarely were enforced, and
public awareness of them remained minimal. The law requires employers
with more than 50 workers to create an affirmative action plan with
provisions for achieving employment equity for persons with
disabilities. The National Environmental Accessibility Program, an NGO
comprising consumers with disabilities as well as service providers,
established a presence in all nine provinces to lobby for compliance
with the regulations and to sue offending property owners when
necessary. In August the Ministry of Labor introduced a new code to
protect persons with disabilities from any kind of harassment. The
code, which works in conjunction with the Employment Equity Act, also
provides guidelines on the recruitment and selection of persons with
disabilities, reasonable accommodation for persons with disabilities,
and guidelines on proper handling of employee medical information. In
August 2001, the Public Service Commission reported to a parliamentary
committee that persons with disabilities constituted only 0.02 percent
of the public service workforce, compared with 5.9 percent of the
general population.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination on 19 grounds and requires employers with 50 or more
employees to ensure that previously disadvantaged groups--defined as
blacks, women, and persons with disabilities--are represented
adequately at all levels of the workforce. However, these previously
disadvantaged groups remained underrepresented in the workforce,
particularly at the professional and managerial levels. 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. A comprehensive analysis of workforce profiles by
an NGO based on 2000 and 2001 Department of Labor data indicated that
blacks held 9 percent of top management positions, 59 percent of the
skilled position, and 83 percent of semi-skilled and unskilled
positions. The employers cited a lack of training and development, poor
recruitment processes, and an antagonistic corporate culture as the
main impediments to affirmative action. The armed forces have struggled
with the process of integrating blacks into the predominantly white
officer corps (see Section 1.a.).
Xenophobia led to a number of attacks on foreigners (see Section
2.d.). Foreigners faced harsh reactions from anti-immigrant groups such
as the Unemployed Masses of South Africa, which criticized immigrants
for job losses.
The continued killings of mostly white farm owners by black
assailants created concern among white farmers that they 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.).
During the year, police arrested 18 right-wing conspirators who
allegedly planned to overthrow the Government and reinstate apartheid.
At year's end, they were being held on charges of high treason,
contravening the Internal Security Act, and a variety of weapons
charges. The 18 men allegedly were members of the Boeremag, an
extremist right-wing Afrikaaner group.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association, and this right was given statutory effect in the Labor
Relations Act (LRA). All workers in the private sector were entitled to
join a union. Workers in the public sector, with the exception of
members of the National Intelligence Agency (NIA) and the Secret
Service, also were entitled to join a union. Members of the SANDF were
allowed to join a union, but they were prohibited from striking. Union
membership in the private sector continued to decline steadily, as a
result of job layoffs and declining formal sector employment, including
in industries that were heavily unionized, such as mining and
manufacturing. The largest trade union federation, the Congress of
South African Trade Unions (COSATU), lost approximately 200,000 members
in the past 5 years, bringing its membership down to 1.8 million.
However, some public sector unions experienced growth. Total union
membership was approximately 3.3 million persons, which constituted 26
percent of the economically active population.
COSATU was aligned formally with the ANC and the South African
Communist Party (SACP). Several ANC members of Parliament and the
Cabinet had a COSATU leadership background, and the premier of Gauteng,
the country's richest province, was a former COSATU general secretary.
COSATU's largest rival, the Federation of Unions of South Africa
(FEDUSA), was a nonpartisan labor federation. A relatively minor labor
federation, the National Council of Trade Unions (NACTU), was
independent of any political grouping. Some unions did not belong to
any federation.
Although labor laws protected farm workers, the COSATU-affiliated
South African Agricultural, Plantation and Allied Workers, Union
(SAAPAWU), and the NACTU-affiliated National Union of Farmworkers have
encountered difficulties trying to organize farm workers, because union
organizers were considered trespassers on private property. In
addition, farm workers or farm residents who attempted to organize were
harassed and evicted. The Department of Labor (DOL) and unions have
enlisted the cooperation of the national farmers' organization to
educate farmers about worker rights. The DOL reported that 4.5 percent
of the agricultural labor force was unionized. In 2000 the DOL
conducted a survey on the prevailing conditions in the agricultural
sector; however, the results were not yet available. According to DOL
statements and media reports, the survey found that the majority of
farm workers were not unionized and were exploited by employers. In
December the Minister of Labor announced minimum wage standards for
farm workers that were expected to take effect in March 2003.
The Government did not restrict union affiliation with regional or
international labor organizations. COSATU, FEDUSA, and NACTU were
affiliated with the International Confederation of Free Trade Unions
(ICFTU).
b. The Right to Organize and Bargain Collectively.--The law defines
and protects the rights of workers to organize and bargain
collectively. The Government did not interfere with union organizing
and generally has not interfered in the collective bargaining process;
however, some COSATU unions claimed that NIA agents have infiltrated
their ranks. 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
strengthened the ability of trade unions to organize workers.
The LRA was designed to create an industrial relations regime that
is stable and recognizes that basic worker rights need to be protected.
The law, which applies to both the public and private sectors, 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 was required
was that a dispute be referred for conciliation. There was no time
limit on conciliation efforts; however, if conciliation failed to
resolve the dispute or lasted more than 30 days, a trade union was
entitled to advise an employer of intent to strike as long as it gave
48-hours notice to a private sector employer or 7-days notice to a
state employer. Organized labor also had the right to engage in
``socioeconomic protest,'' whereby workers may demonstrate, without
fear of losing their jobs, in furtherance of broader social objectives.
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 were met. Public sector employees, with the exception of
essential services and the three components of the security services,
also had the right to strike. Strikes by workers in essential services,
such as police and hospital workers, were prohibited. If disputes
between workers in essential services and their employers cannot be
resolved through collective bargaining or conciliation, they were
referred to arbitration.
There were several strikes over wage disputes throughout the year,
including a 1-day strike of the Communication Workers' Union in May and
a 2-day strike of brick makers in Grahamstown in August. In July the
South African Clothing and Textiles Workers' Union (SACTWU) members at
the Team Puma factory in Cape Town went on strike for 15 weeks. In a
landmark decision, the Labor Court ruled in September that a solidarity
strike by non-Puma workers was legal and protected.
In July one man was killed and another injured during a 3-week
municipal strike when a senior municipal official allegedly opened fire
on demonstrators in the Louis Trichardt municipality in Limpopo
province. Another man was injured during the same strike when fireworks
exploded in a crowd of strikers in Cape Town.
In October there was an antiprivatization strike, which was
organized by COSATU. Both the Government and businesses adopted a ``no
work, no pay'' policy. Most workers did not heed COSATU's call for a
mass stay-away action.
During a wage-related strike at the East Rand Proprietary Mines
(ERPM), which was organized by members of the National Union of
Mineworkers, two security guards allegedly opened fire on the ERPM
employees after they attempted to enter the mine, killing two and
injuring 14. A court injunction was in place restricting miners from
gaining access. The security guards were terminated and the security
company lost its contract with the mine. The 5-day ERPM strike
coincided with COSATU's October antiprivatization stay-away action and
involved casual employees who were contracted by the private recruiting
company ``Circle Labour.'' The illegal strike culminated in the firing
of the striking workers, 2,300 of whom were rehired by ERPM after being
interviewed. ERPM terminated its contract with ``Circle Labour.
A November taxi strike in Durban was in response to ``Operation
Shanela,'' a government crackdown on unlicensed or unroadworthy taxis.
The KwaZulu-Natal Taxi Council members struck for a week at the end of
November and early December, protesting ``Operation Shanela.'' The
strike reportedly turned violent when strikers stoned private and
municipal buses and their passengers.
Union participation as an equal partner with business and
government in the National Economic Development and Labor Council
(NEDLAC), a tripartite negotiating forum, ensured a direct voice for
labor in the formulation of economic, social, and labor policy. Through
NEDLAC, organized labor has been able to participate in the formation
of the country's labor legislation as well as initiatives such as the
1998 Presidential Job Summit.
To further reduce the adversarial nature of labor relations, the
LRA also created a Commission for Conciliation, Mediation, and
Arbitration (CCMA). The CCMA has resolved successfully many disputes
referred to it and remained critical to the emergence of a less
confrontational business climate. The CCMA also gradually was beginning
to play an interventionist role by becoming involved in disputes before
they deteriorated into full-fledged strikes or lockouts. Other
important mechanisms created by the LRA included a labor court and a
labor appeals court. The labor court has jurisdiction to resolve
disputes that the CCMA was unable to mediate to the satisfaction of
both parties. Notwithstanding the existence of the CCMA and specialist
courts for labor disputes, the aim of industrial relations was to
minimize the need for judicial intervention in labor relations, leaving
it to the contending parties to resolve disputes whenever possible. No
employee may be fired or discriminated against because of membership in
or advocacy of a trade union.
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, could be established by trade unions only in
businesses with more than 100 employees. Although trade unions in only
a few factories reportedly have established workplace forums, the
intent of the law was to build wide support within the trade union
movement and business for such cooperative workplace relationships.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, there
were reports that children were forced into prostitution or exploited
by their parents to earn money for their families (see Section 5).
According to a survey conducted by StatsSA, up to 2,000 children worked
to pay off outstanding debts to employers or obligations to their
landlords (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of a child under 15 years
of age. It was a criminal offense to employ a child between 15 and 18
years of age if such employment ``places at risk the child's well-
being, education, physical or mental health, or spiritual, moral, or
social development.'' This policy was enforced effectively in the
formal nonagricultural sector and less effectively in other sectors by
DOL inspectors. The DOL was required to ensure that all of its
inspections addressed child labor problems; however, many inspectors
were so poorly trained that investigations of cases involving child
labor often were dismissed by courts. The inspectors attempted to
resolve most problems by counseling employers, child workers, and
parents, and by cooperating with the Departments of Welfare and
Education. The violation of the laws regulating child employment was a
criminal offense, punishable by a maximum prison sentence of 3 years;
however, criminal prosecution frequently was reserved for ``extreme
circumstances,'' and there were no prosecutions by year's end.
Inspectors often had difficulty gaining access to farms where children
may have been employed.
Many children, especially in the rural areas of the country, were
expected to help with household chores and school maintenance.
According to a survey conducted by StatsSA, 45 percent of children
between the ages of 5 and 17 worked for 1 hour or more per week in an
economic activity, 5 hours or more per week in school labor, or 7 hours
or more in household chores. The most common economic activity for
children was gathering wood and water for domestic use, which occupied
4.5 million of the 13.4 million children between the ages of 5 and 17
years for 1 hour or more per week. Of the 2 million children who spent
at least 1 hour per week in activities for pay, profit, or family
economic gain, 59 percent were involved in agriculture and 33 percent
in trade.
Child laborers from Zimbabwe and Mozambique worked in the country
on commercial farms, for the taxi industry, or as domestic servants.
The Government was preparing an action program for coordinating
interdepartmental action on child labor; however, the program had not
been announced by year's end. The Government has prepared training
manuals and conducted a number of courses on enforcing child labor
laws. The Child Labor Intersectoral Group (CLIG) was composed of
representatives of trade unions, employers, organizations, NGOs, and
officials of the Departments of Labor, Welfare, and Education. The CLIG
debates policy options and ensures coordination of initiatives between
these different groups.
The DOL began provincial consultations in order to develop and
complete a comprehensive program of action to implement the
International Labor Organization's Convention 182. The DOL released its
survey of child labor at year's end.
There were reports that children were forced into prostitution and
that some children work in conditions that amount to bondage (see
Sections 5 and 6.c.).
e. Acceptable Conditions of Work.--There was no legally mandated
national minimum wage. Unionized workers in the formal sector of the
economy set wage rates on an industry-by-industry or plant-by-plant
basis through annual negotiations with employers or employer
organizations. Such wages generally were sufficient to provide a decent
standard of living for a worker and family. In those sectors in which
workers were not organized sufficiently to engage in the collective
bargaining process, the law gives the Minister of Labor the authority
to set wages, including for farm laborers and domestic workers;
however, income disparities between skilled and unskilled workers and
the income distribution gap between rural and urban workers meant that
many unskilled or rural workers were unable to provide a decent
standard of living for themselves and their families. On September 1,
new regulations outlining conditions of employment and minimum wage for
domestic workers took effect.
The law standardizes time-and-a-half pay for overtime, establishes
a 45-hour workweek, and authorizes 4 months of maternity leave for
women. 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 were a top priority of trade
unions, especially in the mining and heavy manufacturing industries.
Although attention to these issues increased significantly, the
country's industrial and mining processes were dangerous and sometimes
deadly. The law provides for the right of mine employees to remove
themselves from work deemed dangerous to health or safety. In addition,
a tripartite mine health and safety council and an inspectorate of mine
health and safety, were tasked with enforcing the act and monitoring
compliance with its provisions. The law specifically made it an offense
for a company to discriminate against an employee who asserted a right
granted by the law (for example, to leave a hazardous work site) and
required mine owners to file annual reports that provided statistics on
health and safety incidents for each mine being worked. During the
year, 288 persons were killed in mine accidents.
Working conditions on farms generally were poor. There were many
incidents of physical abuse of farm workers, nonpayment of wages, and
other forms of arbitrary treatment generally by white farm owners (see
Section 1.a.). In September 2001, the DOL published a report on
employment conditions in the agricultural sector which found that
``most South African farm workers live in circumstances of absolute and
relative poverty'' and recommended minimum farm wages ranging from $40
to $75 (400 to 750 Rands), depending on the farm's location. Many
farmers did not measure accurately working hours, and they often
required their laborers to work 11 hours per day and 6 days per week.
In addition, 12-hour days were common during harvest time, and few
farmers provided overtime benefits. HRW reported low wages and the
absence of basic services in farm workers' housing. There were reports
that farmers ignored laws relating to health and safety and other labor
rights for their workers. Health and safety regulations often were not
observed during the use of chemicals in agricultural work.
There were no laws or regulations in other industries that
permitted workers to remove themselves from work situations deemed
dangerous to their health or safety without risking loss of employment;
however, the law protects employees from retaliation who with
``reasonable belief that the health or safety of an individual has
been, is being, or is likely to be endangered,'' disclosed dangerous
workplace conditions to the appropriate authorities.
Illegal foreign workers had no protection under the law. They often
were underpaid and forced to work long hours in very poor, unsanitary,
and unsafe conditions. Several ``sweatshop'' type locations were
uncovered, and their owners were fined during the year. In May the
owner of a Newcastle factory was ordered by the DOL to pay his 87
workers $50,129 (501,287 Rands) in backpay. At the same factory, an
investigation found workers locked in the building overnight. There
were no accurate numbers on Zimbabweans entering the country and
working on farms; however, it was reported that the Government deported
approximately 40,000 illegal Zimbabweans during the year.
f. Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, and the country was a transit and destination
point for the trafficking of persons from other countries in Africa,
Asia, Eastern Europe, and the states of the former Soviet Union for
prostitution and forced labor. Women and children were trafficked into
the country by domestic and international organized crime syndicates
for the sex industry.
Child prostitution increased, primarily in Cape Town, Durban, and
Johannesburg. NGOs estimated that there were 10,000 children working as
prostitutes in Johannesburg and at least 1,000 in Cape Town. Along
trucking routes, child prostitutes were sought after because of the
belief that they were more likely to be disease-free or that, if they
were virgins, sex with them cured diseases such as HIV/AIDS. The child
sex industry increasingly has become organized, with children either
forced into prostitution by gangs or exploited by their parents to earn
money for the family. The law prohibits the commercial sexual
exploitation of children, sexual intercourse with children under 16,
and permitting a female under 16 to stay in a brothel for the purpose
of prostitution. The Government established a task force to develop a
plan of action to combat the sexual exploitation of children and
created training courses for the police force and the judiciary
regarding the problem; however, the 33 SAPS Child Protection Units
lacked the capacity to deal adequately with the problem of child
prostitution.
The country has laws that can be applied to prosecute offenses
related to trafficking, including laws dealing with illegal aliens,
employment, occupational health and safety, sexual offenses, domestic
violence, and organized crime. Various entities of the Government
investigated trafficking cases on an ad hoc basis. The Government made
efforts to address the trafficking problem with investigations and
arrests by the police. These efforts were hampered by police
corruption, lack of training, and understaffing. The 2001 criminal case
against the owner of brothel in Johannesburg in which prostitutes from
Thailand, Bulgaria, Russia, the Czech Republic, Romania, and Zambia
were found and various civil cases were pending at year's end. The
courts generally dealt with trafficking through deportations and fines,
rather than exacting criminal penalties.
The extent of trafficking operations was not known; however, it was
estimated that an average of 1,000 women were trafficked across the
country's borders every month. In 2000 Molo Songololo, an NGO in Cape
Town, conducted a study of 44 women working in the sex industry in the
country and found that women who were trafficked to the country were 18
to 25 years of age with limited English skills, limited job
opportunities, and dependent families. Ten of the 44 women surveyed
were trafficked from Thailand, Eastern Europe, and the states of the
former Soviet Union; the remaining women were South African.
Women and children were lured by traffickers with the promise of
jobs and decent wages and then forced to work as prostitutes, in some
cases to pay off debts to those who smuggled them into the country.
While many women came willingly, some claimed 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. The Eastern
European syndicates contacted women through acquaintances and offered
employment opportunities in the South African hospitality industry,
usually offering to pay airfare and obtain travel documents; the women
usually entered the country with a holiday visa or claimed political
asylum. The women generally traveled alone; upon arrival they were met
by an agent at the airport and taken to a house in Gauteng Province,
Eastern or Western Cape, or KwaZulu-Natal. Trafficked women usually
were threatened if they did not comply, and their documents were
confiscated.
In Asia employment agencies, female agents, and newspaper
advertisements were used to recruit women with promises of employment
in the hospitality, catering, teaching, or service industries. These
agencies created ``books'' with photographs and personal information on
the women, which were circulated among prospective buyers who were
either agents or brothels and escort service owners. The women were
``ordered'' and brought to South Africa, where they resided in the same
house and were monitored closely. The women usually were debt-bonded to
the agent who recruited them and were required to make a profit for
both their trafficker and employer.
African women were trafficked from neighboring countries including
Angola, Zimbabwe, Lesotho, Swaziland, Zambia, Cameroon, Malawi, and
Rwanda. Namibia and Botswana reportedly were transit countries. The
trafficking operations were run by Nigerian, Angolan, and Congolese
networks; South Africans also were involved in trafficking syndicates.
The method of recruiting in Africa reportedly was with promises of
employment in the hospitality industry, and women were transported via
roads into the country; the trafficked victims were indebted to the
recruiting organizations.
The country also was a transit point for trafficking operations
between developing countries and Europe, the United States, and Canada.
Migrants from foreign countries, particularly China, India, the Middle
East, Eastern European countries, and other African countries, were
lured to the country with accounts or promises of money and jobs in the
West. Once in the country they were provided with documentation and
accommodation before being moved to final destinations, where they were
forced into prostitution, drug dealing, or other criminal activity
until they paid off the debt of their travel expenses. Traffickers
apparently had identified the country as one in which temporary entry
permission often was granted without difficulty, fraudulent documents
were easy to obtain, and direct flight and shipping routes were
available to most countries in the developed world.
There were four major criminal syndicates in the country that
trafficked women: The Chinese Mafia, Bulgarian syndicates from Eastern
Europe, the Russian Mafia, and African criminal groups, mainly from
Angola, Nigeria, and the DRC. The African syndicates appeared to be the
managers and owners of specific establishments within the sex industry.
Individual criminals from South Africa and neighboring countries also
engaged in trafficking. It was reported that women from Eastern Europe
were trafficked by a well-organized syndicate that was run by ex-
military personnel of senior rank.
Trafficked women who worked in the sex industry lived with other
trafficked victims in segregated areas; were under constant
surveillance; had no money or identifying documents; were indebted to
the agents who arranged their travel; worked up to 18 hours each day;
worked double shifts, on weekends, and when ill; were fined for
infractions of strict rules; and had little communication with other
workers.
The Government did not focus on trafficking, and allocated few
resources to combat it. There was no plan or program in place to assist
trafficking victims. There was no specialized training for dealing with
trafficking victims; however, during the year, the border police set up
a special Trafficking Unit at the Johannesburg International Airport,
the major entry point for trafficked women and children from outside
the Southern Africa region.
There were no reported government antitrafficking awareness
campaigns or other programs to prevent trafficking. Terre D'Homme, an
NGO working in the trafficking field, conducted a media campaign to
promote awareness of trafficking in persons in the Southern African
region. In addition, magazines and local newspapers published several
articles on the subject during the year.
__________
SUDAN
Sudan has an authoritarian government in which all effective
political power was in the hands of President Omar Hassan al-Bashir.
Bashir has controlled the Government since he led a 1989 military coup,
with the instigation and support of the fundamentalist National Islamic
front (NIF), which overthrew the country's democratically elected
government. In 1999 Bashir broke with the ideological leader of the
NIF, Dr. Hassan al-Turabi, disbanded Parliament, suspended the 1998
presidentially decreed Constitution, and declared a state of national
emergency that suspended basic liberties. In 2000 Bashir was reelected
and his political party, the National Congress/National Islamic Front
(NC/NIF), won 340 out of 360 seats in the Parliament in deeply flawed
presidential and parliamentary elections that all major opposition
parties boycotted. Parliament resumed 14 months later in February 2001,
and in December 2001, the state of emergency was extended for another
year. Turabi's popular National Congress Party (PNC) was disestablished
and continued to be a proscribed political organization. NC/NIF members
and supporters continued to hold key positions in the Government,
security forces, judiciary, academic institutions, trade unions,
professional associations, and the media. The major opposition
political parties for the most part remained marginalized from the
political process. The judiciary was not independent and was subject to
government influence.
In 1993 the leaders of Eritrea, Ethiopia, Uganda, and Kenya
launched a peace initiative under the auspices of the Intergovernmental
Authority on Development (IGAD) to end the country's civil war. The
peace initiative stalled several times, and the emergence of an
alternative peace initiative launched in July 2000 by Libya and Egypt
also complicated the IGAD effort. In July negotiations between the
Government and the Sudan People's Liberation Movement (SPLM)--the
political wing of the Sudan People's Liberation Army (SPLA)--resumed in
Machakos, Kenya. The parties reached fundamental agreement on self-
determination for the south and on the question of religion and the
state. On October 15, the parties signed a memorandum of understanding
(MOU) that called for a cessation of hostilities and unimpeded
humanitarian access to all areas of the country, and which both parties
largely have respected. The ensuing talks at Machakos focused on power
and wealth sharing, and on November 18, the two sides agreed to extend
the ceasefire and humanitarian access agreements until March 2003. They
also signed an additional MOU outlining 15 areas of consensus on power
sharing. The next round of talks was set to begin in January 2003.
In addition to the regular police and the Sudan People's Armed
Forces, the Government maintained 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), a law enforcement entity that enforced Islamic law (Shari'a).
The POP's mission included enforcing proper social behavior such as
restrictions on alcohol and ``immodest dress.'' The security forces
were under the effective control of the Government. Members of the
security forces committed numerous, serious human rights abuses.
Civil war, destruction of infrastructure, economic mismanagement,
and the existence of more than 4 million internally displaced persons
and refugees in a country of an estimated 30 million persons continued
to cripple the country's mostly agricultural economy. The infusion of
Islamic banking and financial assets as well as increased revenue from
oil production injected new capital into some sectors of the economy;
however, corruption, mismanagement and increasing military expenditures
limited the impact. The country took some steps towards transitioning
from a socialist to a market-based economy; however, the Government and
NC supporters remained heavily involved in the economy. Approximately
86 percent of the labor force was engaged in agriculture.
The Government's human rights record remained extremely poor, and
although there were some improvements in a few areas, it continued to
commit numerous, serious abuses. Citizens did not have the ability to
change their government peacefully. Government security forces were
responsible for extrajudicial killings, and there were reports of
government responsibility for disappearances. Government security
forces regularly beat, harassed, arbitrarily arrested, and detained
incommunicado opponents or suspected opponents of the Government, and
there were reports of torture. Government security forces and
associated militias beat refugees, reportedly raped women abducted
during raids, and reportedly harassed and detained persons on the basis
of their religion. Government security forces and progovernment
militias acted with impunity. Prison conditions remained harsh and life
threatening, prolonged detention was a problem, and the judiciary
continued to be subservient to the Government. The authorities did not
ensure due process and the military courts summarily tried and punished
civilians. The Government continued to infringe on citizens' privacy
rights. The Government continued to conscript forcibly men and boys.
The Government still did not fully apply the laws of war to the
southern insurgency, has taken few prisoners of war (POWs), and did not
cooperate with the International Committee of the Red Cross (ICRC)
regarding access to or treatment of POWs. Cooperation with U.N.-
sponsored relief operations generally was poor, although there was some
improvement. Government forces continued to obstruct the flow of
humanitarian assistance. Problems with relief flights in the south were
caused by the Government's frequent denials of visas or work permits to
foreign humanitarian workers as well as aircraft clearances to the
U.N.'s Operation Lifeline Sudan (OLS).
During the year, restrictions on press freedom under the National
Security Emergency decree continued as the Government frequently
arrested editors and journalists and suspended publications that
criticized or disagreed with government policy; however, there were a
few media articles critical of the Government. The Government continued
to restrict severely the freedoms of speech, assembly, association,
religion, and movement. The Government continued the Islamization and
Arabization of the country, and there were credible allegations of
forced Islamization of non-Muslims. Fears of Arabization and
Islamization and the imposition of Islamic law (Shari'a) increased
support for the armed opposition throughout the country. Local human
rights NGOs were harassed routinely. Violence and discrimination
against women and abuse of children remained problems. Female genital
mutilation (FGM) remained widespread. Discrimination and violence
against religious and ethnic minorities and government restrictions on
worker rights persisted. Child labor was widespread. Slavery and
trafficking in persons remained significant problems. Government
security forces and associated militias were responsible for forced
labor (including forced child labor), the abduction of women and
children, and the forced military conscription of underage young men.
Antigovernment insurgent groups and associated militia forces also
continued to commit numerous, serious abuses. There were reports of
SPLM/SPLA violations to citizens' rights, despite its claim that it was
implementing a 1994 decision to assert civil authority in areas that it
controlled. During the year, the SPLM/A was responsible for
extrajudicial killings, beatings, rape, arbitrary detention, and forced
military conscription of underage young men. In addition, SPLM/A
officials were involved in the theft and destruction of property of
nongovernmental organizations (NGOs) and U.N. agencies operating in the
south. Both the Government and the SPLM/A continued to manipulate
humanitarian assistance for military advantage. The SPLM/A observed
some of the basic laws of war; it took prisoners on the battlefield and
permitted ICRC visits to some of them.
The participation of the Government and the SPLM in the IGAD peace
process during the year produced some improvement in the overall human
rights situation in the south by lessening (but not eliminating)
military and militia attacks against civilians and by expanding the
delivery of relief assistance to people affected by the war and
continuing drought. The parties' agreement to an internationally
monitored ceasefire also led to some improvement in the human rights
situation in the Nuba Mountains' region.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--During the year,
there were numerous reports of extrajudicial killings. Government
forces and allied militia still pursued a scorched earth policy aimed
at removing populations from the areas of the oil pipeline and oil
production. On numerous occasions, the Government attacked civilian
facilities and housing, which resulted in numerous civilian deaths,
including of children (see Section 1.g.). Deaths resulted from
landmines during the year.
There were reports of government-supported killings (see Section
1.g.). For example, In July and August, government-allied militia
launched a series of attacks in the oil regions to the southwest of
Bentiu, Western Upper Nile, which displaced thousands of persons and
reportedly killed many of them. During the year, government planes
repeatedly bombed civilian targets in the south (see Section 1.g.).
Government-allied militias also continued to raid Dinka villages in
Bahr el-Ghazal, killing men, abducting women and children, and
destroying and looting property (see Section 1.g.).
There was no known action taken in the following 2001 cases: The
March death in custody of Hassan Omar Bul Reish; the April killing of
three persons during a demonstration at All Saints Cathedral; and the
August killing of two students by police during a demonstration at
Gezira University.
There was no known action taken, nor was any likely to be taken, in
the following 2000 cases: The February reported PDF attack on several
villages in northern Bahr el-Ghazal, during which 156 civilians were
killed; the June attack in the vicinity of a Catholic mission, which
reportedly resulted in the deaths of 32 persons; the September
incidents in which security forces in several cities forcibly dispersed
some demonstrations and killed several persons; and the unconfirmed
November PDF attacks on the village of Guong Nowh in which several
persons were killed.
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 reportedly were held as
POWs in government-controlled areas. The Government did not admit that
it held POWs. It has not responded to ICRC inquiries about POWs and has
refused the ICRC access to POWs.
During the year, attacks by progovernment Arab militias on the Fuur
tribe of Darfour left 23 persons dead, 26 injured, and more than 150
houses destroyed. On November 13, 300 progovernment Arab militia
members attacked villages in the northern Kass area killing 15 persons,
including a pregnant woman. There was no known action taken against the
responsible militia members by year's end.
There were no reports that the Government prosecuted or otherwise
penalized the attacking militia or made efforts to protect civilian
victims from attacks; government forces provided logistic and
transportation support, and weapons and ammunition, to progovernment
militias.
In August government- and rebel-laid landmines resulted in some
deaths in and around Torit and the oil fields of Western Upper Nile.
Rebel forces reportedly committed political and other extrajudicial
killings, particularly in areas of active conflict such as the Nuba
Mountains and northern Bahr el-Ghazal; however, details generally were
unavailable.
Rebel forces killed a large number of civilians during their
attacks on government forces (see Section 1.g.). There were reports
that SPLA forces and allied militias summarily executed persons in the
southern part of the country. Rebel forces laid landmines
indiscriminately on roads and paths that killed and maimed both
soldiers and civilians (see Section 1.g.).
In March an attack, allegedly by a SPLM/A commander on the village
of Tuhubak, resulted in the deaths of at least 25 persons and the
burning of 173 homes. Estimates of the damage to the village by a
consortium of NGOs concluded that all the homes had been destroyed,
along with 400 granaries.
In August after the SPLA captured the town of Torit, there were
credible reports that SPLA commanders summarily executed captured
government soldiers and PDF prisoners.
In late April and early May, Human Rights Watch (HRW) reported that
the Lord's Resistance Army (LRA), a Ugandan armed opposition group in
the south, killed more than 470 civilians in Imatong villages.
There was no known action taken, nor was any likely to be taken, in
the following 2001 and 2000 cases of rebel killings: The January 2001
killing of two relief workers in an attack by unidentified assailants;
the January 2001 attack by rebels believed to be from the LRA on a
humanitarian vehicle that killed eight aid workers; the November 2000
National Democratic Alliance (NDA) attack on Kassala in which 52
civilians and soldiers were killed during fighting between government
and rebel troops.
Unlike in the previous year, there were no reports of interethnic
and intraethnic violence that resulted in deaths.
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 lawyers or family members.
There were reports that during raids on civilian settlements,
government forces abducted persons, including women and children (see
Sections 1.g. and 6.c.). In the last 15 years, approximately 15,000
Dinka women and children have been abducted and between 10,000 and
12,000 mostly Dinka persons remained abducted or unaccounted for at
year's end. Observers believed that some of those abducted were sold
into slavery, while others were used as forced labor or drafted into
the military. In some cases, the abductees escaped or eventually were
released or ransomed; however, in other cases, they were killed.
Unlike in the previous year, there were no reports government
forces or progovernment militias abducted NGO workers during the year.
There was no known action taken in the following 2001 cases: The
September disappearance of Aladin Omer Agabani Mohammed who converted
from Islam to Christianity and was last seen telling friends that he
was going to report to the Government security office, and the October
disappearance of Wilson Wani, an employee of OLS. Their whereabouts
remained unknown at year's end.
There was no action taken, nor was any likely to be taken, on the
alleged February 2000 PDF abduction of more than 300 women and children
from northern Bahr el-Ghazal or the November 2000 unconfirmed PDF
abduction of 24 persons from the village of Guong Nowh.
There was no action taken, nor was any likely to be taken, in the
February 2000 case in which a progovernment militia detained two
pilots, a U.N. worker, and a Sudanese relief worker for 1 week.
In January the Government reorganized the Committee to Eradicate
the Abduction of Women and Children (CEAWAC) with supposedly broader
powers and greater support. In the past CEAWAC lacked the necessary
funding to document, rescue, and transport abductees back to their
families, and there was no significant change after the reorganization.
During the year, CEAWAC formed 22 joint-tribal committees and has
conducted two field missions resulting in the documentation of more
than 150 cases of abduction. In November CEAWAC documented 55
abductees, reunified 29 with their families, and transported 26 to a
facility in Fulla until their families could be located. Refusal to
provide flight clearances prevented additional reunifications of
abductees with their families.
In May the International Eminent Persons Group completed its
investigation into the extent of slavery, abductions, and associated
abuses by both sides in the conflict. The Group concluded that armed
progovernment militias were responsible for committing these crimes and
operated with virtual impunity. The Group also concluded that
abductions did fall under prescribed definitions of slavery; however,
the Group was unable to determine the scale of abduction and
enslavement.
There also were reports of periodic intertribal abductions of women
and children in the Eastern Upper Nile (see Section 5).
There continued to be reports of abduction by SPLA forces and
allied militias. For example, during the summer, an SPLA commander
reportedly captured, robbed, and then released several local health
workers involved in a polio vaccination program. In September HRW
reported SPLA forces looted the village of Todaj (north of Abyei),
abducting 45 civilians, including children under the age of 15. The
civilians were released after 2 weeks to return home by dangerous
routes through SPLA and government contested territory.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits torture; however, government
security forces continued to beat, torture, and harass suspected
opponents and others. Members of the security forces were not held
accountable for such abuses.
In accordance with Shari'a, the Criminal Act provides for physical
punishments including flogging, amputation, stonings, and crucifixion--
the public display of a body after execution. The Government officially
exempted the 10 southern states, in which the population was mostly
non-Muslim, from parts of the law that permits physical punishments
based on Shari'a. There were no reports of court-ordered Shari'a
punishments, other than lashings, in government-controlled areas of the
south. The law legally can be applied in the south, if the state
assemblies approve it.
On January 24, after being charged and tried, a sentence of
amputation was carried out on a 46-year-old man imprisoned in Khartoum.
He was accused of theft, and held in Kober prison in Khartoum from May
2000 until the date of his amputation.
In February an appeals court in Nyala sentenced a southern
Christian woman accused of adultery to 75 lashes, instead of an initial
December 2001 lower court sentence of execution by stoning.
On May 8, there were 14 prisoners charged with armed robbery who
were sentenced to death by hanging; however, they were not executed by
year's end.
In November 17 women from the village of Munwashi, Darfour, were
convicted of adultery and received 100 lashes. None of the women had
legal representation.
Amnesty International (AI) reported the case of five men sentenced
to cross amputation and execution were executed in 2000. These men were
accused of a 1998 bank robbery in Nyala. The Supreme Court heard and
rejected their appeal.
Credible reports suggested the number of student victims of torture
increased during the year. Security forces beat and otherwise abused
youths and student leaders and others deemed to be opponents of the
Government. For example, in October security officers arrested 11
students during demonstrations at Khartoum and Bahr el-Ghazal
Universities who reportedly were tortured while in custody.
In November a progovernment Islamic student militia beat students
at Khartoum University, injuring several students and requiring the
admission of 14 to a local hospital. The student militia also was
responsible for an attack on student hostels at Shambat, which
seriously injured at least 11 students. Reports indicated that many of
the students attacked by the militia were arrested and tortured while
in police custody.
Refugees were subjected to beatings and mistreatment by security
forces (see Section 2.d.).
Soldiers, PDF members, and progovernment militia forces raped women
(see Section 1.g.).
During the year, security forces injured persons while forcibly
dispersing demonstrations (see Section 2.b.).
There was no information at year's end in the 2001 cases of Sebit
Hassan Ramadan or Osman Robon and no action was taken against security
forces who tortured, beat, raped, or otherwise abused persons in 2001
or 2000.
Government forces and allied militias were responsible for injuring
many civilians during attacks on rebel forces, during raids on civilian
settlements, and during bombing attacks on civilian targets (see
Section 1.g.). There were reports that persons abducted during raids
were subjected to torture, rape, and forced servitude (see Section
6.c.).
Insurgent forces were responsible for a number of civilian injuries
and for raping women. For example, early in the year, SPLA-affiliated
forces attacked a camp that contained approximately 18,000 internally
displaced persons (IDPs) at Mbiya, killing a tribal leader and raping
numerous women. According the HRW, there were instances of rape and
other abuses in Raga, Western Bahr el-Ghazal. HRW inquiries with the
SPLM/A regarding these attacks, including the alleged killings in
Tuhubak (see Section 1.a.), went unanswered.
During the year, both sides laid landmines indiscriminately on
roads and paths, killing and maiming both soldiers and civilians.
Conditions in government prisons remained harsh, overcrowded, and
life threatening. Most prisons were old and maintained poorly, and many
lacked basic facilities such as toilets or showers. Health care was
primitive, and food was inadequate. Prison officials arbitrarily denied
family visits to prisoners. High-ranking political prisoners reportedly
often enjoyed better conditions than did other prisoners.
The Government routinely mistreated persons in custody. In June 88
members of the Rizeigat tribe in Nyala, including 2 14-year-old
children, were beaten badly while in custody. The tribal members were
arrested following armed clashes with the Ma'aliya tribe. In July the
88 persons were charged and tried for the crimes of murder, armed
robbery, and public disturbance and were sentenced to death.
Female prisoners were housed separately from men and rape in prison
reportedly was rare.
Minors often were held with adults. In order to care for their
children, many women prisoners were forced to take their children with
them into the prison. Inside the prison, the children were unable to
receive an education. In December it was reported that 652 women and
161 children were incarcerated at Omdurman prison with 12 of the women
awaiting trial.
The Government did not permit regular visits to prisons by human
rights observers. No independent domestic human rights organizations
monitored prison conditions.
In previous years, prisoners reportedly have died while in SPLM/A
custody due to poor prison conditions. The SPLM/A gave the ICRC access
to approximately 550 POWs in 12 camps in southern Sudan but denied ICRC
access to POWs in Kapoeta and Torit following battles there. The ICRC
reported that living conditions in SPLM/A prisons were similar to
living conditions for the general southern population. Some prisoners
were released due to poor health.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention without charge; however, in
practice the Government continued to use arbitrary arrest and detention
under the state of emergency provisions. Under the Constitution and the
Criminal Code, an individual may be detained for 3 days without charge,
which can be extended for 30 days by order of the Director of Security
and another 30 days by the Director of Security with the approval of
the prosecuting attorney. Under the amended National Security Act,
which supercedes the Criminal Code when an individual is accused of
violating national security, that individual may be detained for 3
months without charge, and the detention is renewable by the Director
of Security for another 3 months. Under the state of emergency, the
Government was not constrained by the National Security Act and could
detain individuals indefinitely without judicial review, which
reportedly it did. Persons arrested by government security forces often
were held incommunicado for long periods of time in unknown locations
without access to their lawyers or family members.
The law allows for bail, except for those accused of crimes
punishable by death or life imprisonment.
In general the Government detained persons for a few days before
releasing them without charge or trial; however, detentions of PNC and
NDA members generally were much longer. There were unconfirmed reports
that security forces tortured, detained without charge, and held
incommunicado members of the PNC. In addition to detentions, government
security forces frequently harassed political opponents by summoning
them for questioning, forcing them to remain during the day without
questioning, and then ordering them to return the following day. This
process sometimes continued for days.
Authorities continued to detain political opponents of the
Government during the year. Dr. Hassan Al-Turabi, former Speaker of the
National Assembly and head of the PNC, was arrested in February 2001
and charged with posing a threat to national security and the
constitutional order because he signed a MOU with the SPLM/A calling
for citizens to rise against President Bashir. Al-Turabi subsequently
was placed under house arrest. In August a presidential decree renewed
Al-Turabi's detention for another year, and he was moved from house
arrest to a maximum-security prison then to a house owned by the
Government. He remained in detention at year's end.
A number of journalists were arrested and detained during the year
(see Section 2.a.). In July security forces arbitrarily arrested 11
leaders of the Fuur tribe for reporting recent attacks by members of
Arab militia.
Security forces continued to detain persons because of their
religious beliefs and activities (see Section 2.c.). Generally
detentions based nominally on religion were of limited duration;
however, the Government routinely accused persons arrested for
religious reasons of common crimes and national security crimes, which
resulted in prolonged detention.
Security forces often targeted southern women in IDP camps because
they produced and sold a traditional home-brewed alcohol. Such women
were arrested and imprisoned for up to 6 months under Shari'a (see
Section 1.c.).
There were reports that detainees were abused and tortured while in
custody (see Section 1.c.).
There was no information on whether 10 to 12 civilians, including
Ishmael Mohammad Ibrahim and Dr. Najib Nigom El Din, remained in
custody at year's end, and there was no information on persons who
remained in detention from 2000.
During the October battle to recapture the southern garrison town
of Torit, the Government imprisoned 24 SPLM/A as POWs. They were under
indefinite detention at year's end.
In September and October, SPLM/A officials detained local staff
members of international humanitarian organizations on suspicion of
espionage and holding sensitive information. Each of these persons was
held without charge for approximately 2 weeks before being released. In
response to these organizations' concerns about the arbitrary arrest of
their staff, the SPLM/A has responded that the security forces have the
right to take whatever action was necessary to assure SPLM/A security.
The law prohibits forced exile, and the Government did not use it;
however, opposition leaders remained in self-imposed exile at year's
end.
e. Denial of Fair Public Trial.--The judiciary was not independent
and largely was subservient to the Government or the President. The
Chief Justice of the Supreme Court was nominated by a Judiciary
Committee and appointed by the President. As the senior judge in the
judicial service, the Chief Justice also controlled the judiciary. On
occasion some courts displayed a degree of independence. For example,
appeals courts on several occasions overturned decisions of lower
courts in political cases, particularly decisions from public order
courts.
The President appoints the Constitutional Court's seven members.
Within the regular court system, there were civil and criminal courts,
appeals courts, and the Supreme Court.
The judicial system included 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. The 1991 Criminal Act governs
criminal cases, and the 1983 Civil Transactions Act applies in most
civil cases. Shari'a was applied in the north. There continued to be
reports that non-Muslims were prosecuted and convicted under Shari'a
``hudud'' laws. Courts did not apply formally Shari'a in the south.
Public order cases were heard in criminal courts.
The Constitution provides for fair and prompt trials; however, this
was not respected in practice in many cases. Trials in regular courts
nominally met international standards of legal protections. The accused
normally had the right to an attorney, and the courts were required to
provide free legal counsel for indigent defendants accused of crimes
punishable by death or life imprisonment; however, there were reports
that defendants frequently did not receive this right and that counsel
in some cases could only advise the defendant and not address the
court. In some cases, courts refused to allow certain lawyers to
represent defendants.
Military trials, which sometimes were secret and brief, did not
provide procedural safeguards. Military trials sometimes have taken
place with no attorney permitted and did not provide an effective
appeal from a death sentence. Witnesses may be permitted to appear at
military trials.
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 offenses. Special courts, on
which both military and civilian judges sat, handled most security-
related cases. Attorneys could advise defendants as ``friends of the
court'' but normally could not address the court. Lawyers complained
that they sometimes were granted access to court documents too late to
prepare an effective defense. Sentences usually were severe and
implemented at once; however, death sentences were referred to the
Chief Justice and the Head of State. Defendants could file appellate
briefs with the Chief Justice. The special civilian tribunals, which
were supposed to operate in the border regions that separated the north
and south, were not operational during the year.
In 2001 the Government established emergency tribunals in the
western part of the country to try banditry cases. The emergency
tribunals were composed of civil and military judges. Defendants were
not permitted access to legal representation. The emergency tribunals
ordered sentences such as death by stoning and amputations during the
year. Sentences ordered by emergency tribunals were carried out quickly
with only 1 week allowed for appeal to the district chief justice;
there were reports that persons were executed the day after sentencing.
Emergency tribunals ordered executions during the year. For example,
according to AI, on May 14, numerous men in the Darfur region were
hanged after being convicted of robbery by emergency tribunals. While
executions by stoning were ordered, none were carried out. Executions
were by hanging.
Lawyers who wished to practice must maintain membership in the
Government-controlled Bar Association. The Government continued to
harass and detain members of the legal profession who it viewed as
political opponents.
Civil authorities and institutions did not operate in parts of the
rebel-held south and the Nuba Mountains. 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/A-held areas followed a penal code roughly
based on the 1925 Penal Code. The SPLM had 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
recognized traditional courts or ``Courts of Elders,'' which usually
heard matters of personal affairs such as marriages and dowries, and
based their decisions on traditional and customary law. Local chiefs
usually presided over traditional courts. Traditional courts
particularly were active in Bahr el-Ghazal. The SPLM process of
conducting a needs assessment for the courts continued during the year.
In rural areas outside effective SPLM control, tribal chiefs applied
customary laws.
There was an unknown number political prisoners in the country,
although the Government maintained that it held none. The Government
usually charged political prisoners with a crime, which allowed the
Government to deny their status as political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the inviolability of
communication and privacy; however, the Government routinely interfered
with its citizens' privacy. Security forces frequently conducted night
searches without warrants, and they targeted persons suspected of
political crimes. Government forces occupied PNC offices during the
year. In the north, security forces also searched the residences of
persons suspected of making alcoholic beverages, which were illegal
under Islamic law (see Section 1.d.).
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 wide network of government informants conducted
pervasive surveillance in schools, universities, markets, workplaces,
and neighborhoods.
The Government razed some squatter dwellings; however, the practice
continued to decrease in frequency.
Government forces pursued a scorched earth policy aimed at removing
populations from around the oil pipeline and other oil production
facilities, which resulted in deaths and serious injuries (see Section
1.g.). Government armed forces burned and looted villages and stole
cattle (see Section 1.g.).
The Government continued to conscript citizens forcibly for
military service, including high school age children (see Section 5).
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 was 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.
The insurgent SPLM/A generally was not known to interfere with
privacy, family, home, or correspondence in areas that it controlled;
however, rebel factions continued to conscript citizens forcibly,
including high school age children.
During the year, there were 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, more than 2
million persons have been killed and more than 4 million persons
displaced as a result of fighting between government and insurgents in
the south, interethnic conflict, and famine. The principal
antigovernment faction was the SPLM, the political wing of the SPLA. In
1995 a coalition of internal and exiled opposition parties in the north
and the south created the NDA as an antigovernment umbrella group. This
broadened the scope of the civil war, making it a center-periphery
rather than just a north-south conflict.
In 1994 the IGAD peace initiative promulgated the Declaration of
Principles, which aimed to identify the essential elements necessary to
achieve a just and comprehensive peace settlement: The relationship
between religion and the state, power sharing, wealth sharing, and the
right of self-determination for the south. After several unsuccessful
peace efforts, the Government and the SPLM/A again met for peace
negotiations in Machakos, Kenya, under the auspices of the IGAD. On
July 20, the two sides signed the historic Machakos Protocol that
resolved two of the most contentious issues in the civil war: The role
of religion and the state during an interim period and the right of
self-determination for the south. The terms of the Protocol called for
a 6 \1/2\-year interim period and a referendum for southerners in which
they could vote to remain unified with the north or vote for secession.
Talks continued through July and August, were suspended in September,
and resumed in October. The next round of talks was scheduled for
January 2003.
In the southern war zone, the SPLA controlled large areas of the
states of Equatoria, Bahr el-Ghazal, and Upper Nile and also operated
in the southern portions of the states of Darfur, Kordofan, and Blue
Nile. The Government controlled a number of the major southern towns
and cities, including Juba, Wau, and Malakal. During the year, military
activity intensified throughout the south. All sides in the fighting
were responsible for violations of humanitarian law. In the second half
of the year, the SPLM attacked and captured the Government garrison
towns of Kapoeta and Torit. In late September, the Government
recaptured Torit; however, the SPLM/A and its northern allies launched
a military offensive along the border with Eritrea that led to the
capture of the symbolically important town of Hamesh Khoreb and the
displacement of several thousand local inhabitants. The Government
continued efforts to strengthen its control of the oil producing areas
in Western Upper Nile. Government forces routinely killed, injured, and
displaced civilians, and destroyed clinics and dwellings intentionally
during offensive operations. There were confirmed reports of
government-allied militia intentionally attacking noncombatant
civilians, looting their possessions, and destroying their villages.
Despite having signed a Cessation of Hostilities Agreement with the
SPLM in October, the Government and allied militia launched a series of
military actions on December 31.
As part of the Agreement on the Protection of Civilians from
intentional military attack, the Government and the SPLA agreed to
allow the international community to form a Civilian Protection
Monitoring Team (CPMT). Located in Rumbek and Khartoum, the team was
staffed with expert personnel experienced in investigating allegations
of military attacks against civilians. On December 15, the CPMT
released the report of its first investigation, the bombing at Lui/
Mundri. The details of the report included recommendations on what both
sides could do to prevent future unintentional attacks on civilians.
The CPMT also initiated an investigation into the military attacks that
took place in Western Upper Nile at year's end.
The Government and government-associated forces implemented a
scorched earth policy along parts of the oil pipeline and around some
key oil facilities. These forces have injured persons seriously,
destroyed villages, and driven out inhabitants in order to create an
uninhabited security zone. There was a significant increase in
indiscriminate government bombing of civilian locations in September
and October. The bombings often were associated with military actions
by both sides or continuing government efforts to clear the population
from near the oil producing areas in Western Upper Nile and adjacent
areas.
During the year, the Government's PDF militia reportedly attacked
several villages in northern Bahr el-Ghazal, killing civilians,
abducting women and children, stealing cattle, looting and burning
villages, raping women, and displacing persons. For example, on
February 9, a government helicopter gunship attacked the village of
Akuem in Western Bahr el-Ghazal killing 2 children and injuring 10
others. There was no known action taken against the responsible PDF
members by year's end. At year's end, government-allied militias
attacked villages in Western Upper Nile, abducting the inhabitants and
looting their possessions.
In his August report the U.N. Special Rapporteur for Human Rights
in Sudan reported aerial bombings by government forces. On May 22,
government planes reportedly dropped 16 bombs between Mayam and Manken,
killing 15 persons and seriously injuring 35 others. On the same day,
government planes reportedly dropped 16 additional bombs on Rier,
killing 11 persons and injuring 95 others. In June government
airstrikes killed 34 civilians.
The Government also conducted bombing raids that targeted NGOs and
impeded the flow of humanitarian assistance to the south. For example,
on February 20, a government helicopter gunship attacked a World Food
Program (WFP) distribution compound in Bieh, Western Upper Nile,
killing 17 civilians and injuring dozens of other persons. The
Government later announced that an investigation would be held;
however, the results of the investigation were not made public and it
was not known if any disciplinary action was taken by year's end.
There was no known action taken in the 2001 cases of government
aerial bombings.
In addition to bombings that have made humanitarian assistance
difficult, the Government routinely denied flight clearances during the
year. In September the Government banned all relief flights to Eastern
and Western Equatoria. It prohibited flights over these provinces,
effectively halting OLS operations for more than 2 weeks. The
Government frequently denied visas and work permits to foreign
humanitarian workers and aircraft clearances to the U.N.'s OLS. A
subsequent agreement between the Government and OLS resulted in greater
humanitarian access; however, complete unrestricted access,
particularly in the areas of Southern Blue Nile and the east, was not
granted.
Government forces, antigovernment insurgents, and military militias
loyal to both sides raped women and forcibly conscripted men and boys.
Despite an agreement to stop using antipersonnel mines, during the
year both sides continued to lay mines. A government militia raided a
relief center at Mading and placed landmines in an NGO compound,
forcing the permanent evacuation of the center. Reportedly the SPLA
continued to lay landmines in Eastern Equatoria for defense purposes.
Injuries continued to occur during the year from landmines previously
laid by the Government to protect garrison towns and from landmines
left by the SPLM/A and its allies during the war.
Insurgent forces routinely displaced, killed, and injured civilians
and destroyed clinics and dwellings intentionally.
The SPLM/A has taken a number of POWs over the years. The SPLM/A
often cooperated with the ICRC and allowed regular visits to the POWs
(see Section 1.c.). The SPLM/A released a limited number of POWs for
health reasons during the year. The Government did not permit access to
POWs for any reason and did not return any POWs during the year.
The ICRC cooperated with UNICEF to remove child soldiers during the
year.
There were credible reports of SPLM/A taxation and occasional
diversion of relief supplies. The SPLM/A leadership repeatedly
committed itself to eliminating these problems; however, in practice it
appeared unable to impose consistently those commitments on its forces
in the field. During the year, there were reports that SPLA-allied
forces attacked international relief organizations, which jeopardized
relief operations. In addition, there were reports that the Sudan
Relief and Rehabilitation Association diverted humanitarian food to the
SPLA or its allied forces and that humanitarian food was diverted in
general.
During the year, a joint-monitoring commission was established in
the Nuba Mountains to monitor a ceasefire. Conditions in the Nuba
Mountains region had improved dramatically by year's end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedoms of thought, expression, and of the press ``as regulated by
law''; however, the Government severely restricted these rights in
practice. Government detentions, intimidation, and surveillance of
journalists as well as suspensions of newspapers continued to inhibit
open, public discussion of political issues. There was self-censorship
by journalists, and the Government confiscated entire issues of
newspapers if it objected to an article.
There were a large number of independent daily newspapers, mainly
in urban areas, and differing political views publicly were reflected
to some extent. Several newspapers also reprinted articles from the
international press, some of which were critical of government
policies. There was coverage of debates in the National Assembly, which
allowed the press to report much that was previously ignored. There was
one government-controlled newspaper. Four publications remained under
intensive scrutiny and experienced intimidation, interruption, and
arrest of their editors.
The Government exercised control of news reporting, particularly of
political topics, the war, and criticism of the Government, through the
National Press Council and security forces. Newspapers were prohibited
from publishing articles about the war with the exception of
information provided by the Ministry of Defense or official government
statements. Nevertheless, the local press did report the findings of
the CPMT investigations. The National Press Council applied the Press
law and was directly responsible to the President. It was charged with
licensing newspapers, setting press policy, and responding to
complaints. In the event of a complaint, it can give a newspaper a
warning or suspend it for up to 15 days. It also can suspend a
newspaper indefinitely and suspend journalists for up to 2 weeks. The
National Press Council consisted 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. Observers believed the Journalist's
Union was government-controlled. The National Press Council was active
in suspending journalists and newspapers in 2001. The National Press
Council operated during the year.
During the year, the National Security Offices imposed restrictions
on press freedom by suspending publications, detaining journalists and
editors, confiscating already printed editions, conducting
prepublication censorship, and restricting government advertising to
progovernment media only. For example, on January 9, police
interrogated a journalist for political views expressed in a newspaper
column that was critical of the Government.
On March 7, two journalists were arrested in Khartoum for
publishing caricatures of government officials and released after a few
days. Security forces seized 3,000 copies of the newspaper.
On November 9, security forces arrested the editor of a Khartoum
daily newspaper for criticizing the actions of the Government during
October clashes between students and police at several universities
(see Section 2.b.) and released him after a week. At the same time, two
daily newspapers were seized for failing to obey government
instructions on how to report the student protests at Khartoum
University.
The PNC newspaper Rai-al-Sh'ab (People's View) remained banned at
year's end.
Radio and television were controlled directly by the Government and
were required to reflect government policies. During the year, there
was a marked expansion of government-controlled regional radio and
television. Television has a permanent military censor to ensure that
the news reflected official views. There were no privately owned
television or radio stations, although the Government and private
investors jointly owned one television cable company. The Government
often charged that the international, and particularly the Western,
media had an anti-Sudan and anti-Islam bias.
In spite of the restrictions on ownership of satellite dishes (see
Section 1.f.), citizens had access to foreign electronic media; the
Government did not jam foreign radio signals. In addition to domestic
and satellite television services, there was a pay cable network, which
directly rebroadcast uncensored Cable News Network, the British
Broadcasting Company, the London-based, Saudi-owned Middle East
Broadcasting Corporation, Dubai-TV, Kuwait-TV, and a variety of other
foreign programs.
Internet access, which was potentially monitored, was available
through two Internet service providers.
The Government restricted academic freedom. In public universities,
the Government appointed the vice-chancellors who were responsible for
running the institutions. While many professors lectured and wrote in
opposition to the Government, they exercised self-censorship. Private
universities were not subject to direct government control; however,
professors also exercised self-censorship. The Government continued to
determine the curriculum.
In January the Government introduced Student Discipline and Code of
Conduct Acts in many universities. The new code required strict Islamic
standards of dress and association, applied to Muslim and non-Muslim
students alike (see Section 2.c.). A progovernment Islamic student
militia attacked students during the year (see Section 1.c.).
On February 2, a student human rights activist was suspended for 12
months from Omdurman College of Technological Science for carrying out
human rights activities. On March 2, security forces arrested a male
student member of the SDF in Khartoum and severely beat him with water
hoses and empty bottles.
In November the University of Khartoum was closed after
progovernment administration officials banned student protests that
called for student union elections. The administration refused new
elections on the grounds that the students were not prepared for such
elections, and that a large segment of the student body was fighting
with the military forces in the south.
The Government officially required that young men between the ages
of 17 and 19 enter military or national service to be able to receive a
certificate upon leaving secondary school; the certificate was a
requirement for entry into a university.
The SPLM/A and the NDA provided few opportunities for journalists
to report on their activities. The SPLM/A restricted the freedom of
speech among populations under its control.
b. Freedom of Peaceful Assembly and Association.--The continuing
National Security Emergency decree and the Criminal Procedure Act,
which requires government approval for gatherings involving more than
five persons, effectively circumscribed the right of assembly, and the
Government continued to severely restrict this freedom. The authorities
permitted only government-authorized gatherings and routinely denied
permission for or disrupted gatherings they view as politically
oriented. Islamic orders associated with opposition political parties,
particularly the Ansar and Khatimia, continued to be denied permission
to hold large public gatherings during the year. In June 2001, the
Government declared a ban on all rallies and public demonstrations in
the country, and announced that no permits would be authorized or
issued; the ban remained in effect at year's end.
Security forces used excessive force, including beatings, tear gas,
and firing of live ammunition to disperse unapproved demonstrations.
For example, in October police used tear gas and rubber bullets to
disperse a crowd of protesting university students. The students had
gathered to mark the anniversary of the October 1964 protests against
the military government of General Abboud. Also in October, security
forces in Khartoum used tear gas and live ammunition to disperse
forcibly demonstrations by students at Khartoum University; two persons
were killed and several were injured.
No action was taken against security forces who forcibly dispersed
demonstrations or meetings in 2001 or 2000.
The Government severely restricted freedom of association. There
were 20 officially registered political parties; however, the law
includes restrictions that effectively prohibit traditional political
parties if they were linked to armed opposition to the Government.
During the year, the Government amended the Political Parties Act to
allow some former banned political parties to resume their activities;
however, the parties still were unable to participate in elections
unless the registrar was notified in writing. In November a loyalist of
Hassan al-Turabi was jailed for hosting an ``Iftar'' dinner, an act the
Government stated was a ruse for a political party meeting. Observers
believed that the Government controlled professional associations.
The Government restricted diplomatic, international, and regional
organizations' contact with any Sudanese political organizations,
including the NDA, that the Government considered to be waging war
against it.
In 2000 the SPLA implemented a 1999 MOU that was negotiated between
the SPLM, NGOs, and donors and discussed increased SPLA control over
NGO interaction with local communities, SPLA control over the planning
and distribution of humanitarian assistance, a requirement to work ``in
accordance with SPLA objectives'' rather than solely humanitarian
principles, the payment of ``security fees,'' and additional fees for
services, including charges for the landing of aircraft carrying
humanitarian aid and for NGO movement within SPLA-held areas. The MOU
was in effect; however, it did not affect substantially NGO operations.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the Government severely restricted this right in
practice. The Constitution states that ``Shari'a and custom are the
sources of legislation,'' and in practice the Government treated Islam
as the state religion and declared that Islam must inspire the
country's laws, institutions, and policies. Ten southern states, whose
population was mostly non-Muslim were exempted from Shari'a.
There were reports that security forces harassed and at times
threatened use of violence against persons on the basis of religious
beliefs and activities. There continued to be reports that Christian
secondary school students in Khartoum were not allowed to continue
their compulsory military service because they attended church. New
codes of dress and association based on strict Islamic standards were
introduced by universities during the year, which reflected an effort
by the Government to force religious observance on male and female
members of opposition and non-Muslim student groups. During the year,
Islamic students harassed, beat, and otherwise abused non-Sudanese
African students; part of the motivation for such acts appeared to be
religious (see Section 1.c.).
The Government placed the same restrictions on churches as it did
on nonreligious corporations. Religious groups must register in order
to be recognized or worship legally. Government approval was required
for the use and construction of houses of worship. The Government
permitted non-Muslims to participate in services in existing and
otherwise authorized places of worship only. Registered religious
groups were exempt from most taxes. Nonregistered religious groups
found it impossible to construct a place of worship and were harassed
by the Government. Registration reportedly was very difficult to obtain
in practice, and the Government did not treat all groups equally in the
approval of such registrations and licenses.
Authorities continued to restrict the activities of Christians,
followers of traditional indigenous beliefs, and other non-Muslims, as
well as certain Islamic groups. The Government generally was least
restrictive of Christian groups that historically had a presence in the
country, including Coptic, Roman Catholics, and Greek Orthodox and was
more restrictive of newer Christian groups. Although the Government
considered itself an Islamic government, restrictions often were placed
on the religious freedoms of Muslims, particularly on those orders
linked to opposition to the Government.
Applications to build mosques generally were granted in practice;
however, the process for applications for non-Muslim churches was more
difficult. The Government did not authorize the construction of any
churches in the Khartoum area or in the district capitals; the
Government often claimed that local Islamic community objections
restricted the issuance of permits. While the Government permitted non-
Muslims to participate in services in existing, authorized places of
worship, the Government continued to deny permission for the
construction of any Roman Catholic churches, although some other
Christian groups have received permission. However, the Government
permitted some makeshift structures in displaced persons camps to be
used for Roman Catholic services.
Under the 1991 Criminal Act, non-Muslims may convert to Islam;
however, conversion by a Muslim was punishable by death. In practice
converts usually were subjected to intense scrutiny, ostracization,
intimidation, torture by authorities and encouraged to leave the
country.
PDF trainees, including non-Muslims, were indoctrinated in the
Islamic faith. In prisons and juvenile detention facilities, government
officials and government-supported Islamic NGOs pressured and offered
inducements to non-Muslim inmates to convert. Some persons in the
Government-controlled camps for IDPs reportedly at times were pressured
to convert to Islam. Children, including non-Muslim children, in camps
for vagrant minors were required to study the Koran, and there was
pressure on non-Muslims children to convert to Islam. Unlike in the
previous year, there were no credible reports of forced circumcision
during the year. There were credible reports that some children from
Christian and other non-Muslim families, captured and sold into
slavery, were converted forcibly to Islam.
In late October, there was a case involving the alleged abduction
and forced conversion to Islam of a Coptic Christian woman in Omdurman.
The lack of transparency in the case and ongoing allegations by the
woman's parents that their daughter was forced into marriage and
conversion against her will brought into question the fairness of the
judicial system and its ability to ensure due process for all citizens.
Nevertheless, the allegations of forced conversion were not confirmed.
Muslims could proselytize freely in the Government-controlled
areas, but non-Muslims were forbidden to proselytize.
Authorities sometimes harassed foreign missionaries and other
religiously oriented organizations; and delayed their requests for work
permits and residence visas. For example, Catholic priests in the north
continued to have problems obtaining visas and occasionally were
subjected to interrogations by internal security agents.
The Government required instruction in Islam in public schools in
the north. In public schools in areas where Muslims were a minority,
students had a choice of studying Islam or Christianity. Christian
courses were not offered in the majority of public schools, ostensibly
due to a lack of teachers or Christian students, which meant that many
Christian students attended Islamic courses.
Children who have been abandoned or whose parentage was unknown--
regardless of presumed religious origin--were considered Muslims and
citizens and could be adopted only by Muslims (see Section 1.f.).
Minority religious rights were not protected. 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. Reports continued
that Muslims (particularly supporters of the NIF) received preferential
treatment for the limited services provided by the Government,
including access to medical care.
Aerial bombings by the Government in southern rebel-held areas at
times have struck hospitals, schools, mosques, Christian churches, and
interrupted religious services (see Section 1.g.). For example, in
June, four bombs dropped in Ikotos struck the residence of the
Christian bishop.
In SPLA-controlled areas, Christians, Muslims, and followers of
traditional indigenous beliefs generally worshiped freely, however,
many of the region's Muslim residents have departed voluntarily over
the years. The SPLM officially favored secular government; however,
Christians dominated the SPLM and local SPLM authorities often had a
very close relationship with local Christian religious authorities.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for freedom of
movement and residence, including exit from and entry into the country;
however, the Government severely restricted these rights in practice.
Movement generally was unhindered for citizens outside the war
zones; however, travelers who failed to produce an identity card at
checkpoints risked arrest. Foreigners needed permits for domestic
travel outside of Khartoum, which often were difficult to obtain and
sometimes refused; however, foreign diplomats could travel to many
locations with a government escort. Foreigners must register with the
police on entering the country, obtain permission to move from one
location to another, and re-register at each new location within 3 days
of arrival. Foreign NGO staffs at times had problems obtaining entry
visas as well as work or travel permits once they had entered the
country. In December 2000, the Government announced restrictions on
travel by diplomatic, international, and regional organizations, and
others into rebel-controlled areas without prior written permission
from the Ministry of External Affairs. These restrictions remained in
force at year's end.
The Government denied exit visas to some categories of persons,
including policemen and physicians, and maintained lists of political
figures and other citizens who were not permitted to travel abroad. For
example, the Government has banned all travel to several outspoken
human rights activists in Khartoum. Some former political detainees
have been forbidden to travel outside Khartoum. The Government also
restricted the external travel of Joseph Okel and other southern
political leaders who were arrested in 2000 after meeting with a
foreign diplomat. During the year, the Government claimed it had
canceled the exit visa requirement for its citizens; however, in
practice the Government still denied travel privileges to certain
individuals when they arrived at exit ports (such as airports). The
Government denied exit visas to NDA representatives during the year.
Women cannot travel abroad without permission of their husbands or male
guardians.
The SPLM/A restricted freedom of movement among populations under
its control. Citizens from the north or from government-controlled
areas reportedly were denied permission to enter SPLM areas and were
treated as foreigners. Insurgent movements also required foreign NGO
personnel to obtain permission before traveling to areas that they
controlled; however, they generally granted such permission. NGO
workers who have worked in government-held areas encountered problems
receiving permission to work or travel in insurgent-held areas. There
were reports in June 2001 that SPLM/A commanders were ordered not to
permit persons to attend a reconciliation conference in Kisumu, Kenya.
In addition, a conference held by Justice Africa in Kampala on Nuba and
Blue Nile civil society was attended poorly because the SPLM/A did not
permit the participants to obtain transportation clearance.
There were estimates that up to 4 million persons were displaced
internally due to the civil war. 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 planned 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 state government was in contact
with foreign NGOs and U.N. agencies concerning this effort. During the
year, displaced persons were included in a government housing
development plan and were granted land in a new planned settlement
area.
Nearly 500,000 Sudanese were refugees in neighboring countries.
Refugees have fled to Uganda, Ethiopia, Eritrea, Kenya, the Democratic
Republic of the Congo, and the Central African Republic.
The law includes provisions 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 cooperated
with the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian assistance organizations and accorded refugees generally
good treatment. The UNHCR reported that there were 349,209 refugees,
primarily from Eritrea, Ethiopia, Chad, Uganda, the Democratic Republic
of the Congo, and Somalia. Approximately 150,000 refugees were in
camps, and the rest were scattered in urban areas throughout the
country. The Government provided first asylum; however, no statistics
were available for the year.
In 2000 the Government signed an agreement with the Government of
Eritrea to repatriate longtime Eritrean refugees in the country.
Although fighting between the Government and the NDA along the eastern
border with Eritrea delayed the process, most Eritrean refugees that
lived near the border voluntarily returned to Eritrea during the year.
Security authorities also arrested, fined, imprisoned, and deported
many Eritreans in Khartoum during October and November for alleged
conspiracy with the Government of Eritrea to pass information on the
mobilization of government forces.
In 2000 the UNHCR signed an agreement with the Government of Sudan
and the Government of Ethiopia to repatriate pre-1991 Ethiopian
refugees to their homeland by the end of the year. In 2001 and during
the year, more than 12,000 Ethiopians chose to return with UNHCR
assistance. The UNHCR also signed an agreement with the Governments of
Sudan and Eritrea in 2001 to encourage the repatriation of some 300,000
Eritrean refugees. Although fighting along the Eritrea-Sudan border
slowed the repatriation process, almost 100,000 refugees returned to
Eritrea with UNHCR assistance by year's end.
There were some reports of the mistreatment of refugees, including
beatings and arbitrary arrests by government officials. Refugees could
not become resident aliens or citizens, regardless of their length of
stay. The Government allowed a large number of refugees to work.
There were no reports that the Government forcibly returned persons
to a country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens had no genuine opportunity to change their government
peacefully. Presidential and parliamentary elections were held in
December 2000, and there were allegations of serious irregularities,
including official interference, electoral fraud, inadequate
opportunities for all voters to register, and inadequate election
monitoring. All major opposition parties boycotted the election. Bashir
was elected to another 5-year term, and the NC/NIF won 340 out of 360
seats in Parliament in the deeply flawed process.
The Constitution, which provides in theory for a wide range of
rights, was passed by referendum in June 1998, and implemented in early
1999. There was widespread skepticism about the Government's claims
that the constitutional referendum passed with 96.7 percent approval
and 91.9 percent participation. Critics of the 1998 Constitution
charged that it neither was drafted nor passed with truly national
participation. Some critics also objected to the statement that Shari'a
would be among ``the prevalent sources of law'' in regard to amending
the Constitution. Despite the adoption of the Constitution promulgated
by presidential decree in 1998, the Government continued to restrict
most civil liberties.
In 1999 President Bashir disbanded the Parliament, suspended the
Constitution, and decreed a state of national emergency, which
suspended basic civil liberties. Parliament resumed 14 months later in
February 2001. The state of emergency remained in effect at year's end.
The law allows the existence of political parties (see Section
2.b.). The Government continued routinely to deny permission for and
disrupt gatherings that it viewed as politically oriented (see Section
2.b.). Security forces arrested, detained, and on occasion, beat
political opponents during the year (see Sections 1.c. and 1.d.).
During the year, authorities seized and occupied PNC offices.
The federal system of government slowly was developing a structure
of 26 states, with governors and senior state officials appointed by
the President from Khartoum. The Government considered this strategy as
a possible inducement to the rebels for accommodation through a
principle of regional autonomy; however, southerners were
underrepresented in the central government, and local appointees were
not viewed universally as representative of their constituencies. This
underrepresentation remained a key obstacle to ending the rebellion.
Women had the right to vote. There was 12 women members in the 360-
seat Parliament. There were two female ministers, the Minister of
Social Welfare and a member of the Council of Ministers. There also
were two female State Ministers.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Due to government restrictions, there were only two independent
domestic human rights group--the Sudan Human Rights Group and the Sudan
Human Rights Organization (SHRO). The SHRO operated out of Cairo until
2000 when the Egyptian government asked them to close their offices.
There also were two local NGOs that addressed health concerns related
to the practice of FGM and other ``traditional'' practices (see Section
5).
During the year, there was at least one report a government
helicopter gunship attacked an NGO in Bieh (see Section 1.g.).
The Human Rights Advisory Council, a government body whose
rapporteur was the Solicitor General for Public Law, continued its role
in addressing human rights problems within the Government. The Council
was composed of representatives of human rights offices in 22
government ministries and agencies. While the council was charged with
investigating human rights complaints, its effectiveness was hampered
by lack of cooperation on the part of some ministry and agency offices.
In January the Government reactivated the CEAWAC, which in turn formed
mechanisms to identify and return abductees (see Section 1.b.).
Dr. Gerhart Baum served as Special Rapporteur for Human Rights in
Sudan. In November Dr. Baum presented his report to the U.N. Human
Rights Commission, which highlighted ongoing human rights abuses during
the year and noted the continuation of the state of emergency and the
virtual impunity enjoyed by the security services. The Commission has
assigned a representative to work with the U.N. Development Program in
Khartoum who was active in organizing human rights courses for security
and police forces; however, he had no human rights monitoring
responsibilities.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex, or
religious creed; however, discrimination against women and ethnic
minorities continued. Mechanisms for social redress, especially with
respect to violence against women and children, were ineffective.
Women.--Violence against women was a problem; however, since
reliable statistics did not exist, its prevalence was unknown. Many
women were reluctant to file formal complaints against such abuse,
although it was a legal ground for divorce. The police normally did not
intervene in domestic disputes.
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 varied from 100 lashes to 10 years
imprisonment to death. In most cases, convictions were not publicized;
however, observers believed that sentences often were less than the
maximum provided for by law.
FGM was widespread, especially in the north. An estimated 90
percent or more of girls and women in the north have undergone FGM,
with consequences that have included severe urinary problems,
infections, and even death. Infibulation, the most severe type of FGM,
was the most common type. Usually it was performed on girls between the
ages of 4 and 7 by traditional practitioners in improvised, unsanitary
conditions, which caused severe pain, trauma, and risk of infection to
the child. No form of FGM was illegal under the Criminal Code; however,
the health law forbade doctors and midwives from performing
infibulation. Unlike in the previous year, there was no evidence that
women displaced from the south to the north reportedly were imposing
FGM increasingly on their daughters, even if they themselves have not
been subjected to it. A small but growing number of urban, educated
families were abandoning the practice completely. A larger number of
families, in a compromise with tradition, have adopted the least severe
form of FGM, ``sunna,'' as an alternative to infibulation. The
Government neither arrested nor prosecuted any persons for violating
the health law against infibulation. The Government does not support
FGM, and it has introduced information about FGM in some public
education curriculums. One local NGO was working to eradicate FGM.
Prostitution is illegal but was a growing problem. Trafficking in
women was a problem (see Section 6.f.).
The law prohibits sexual harassment; however, it occurred.
Some aspects of the law discriminated against women; including
certain provisions of Shari'a interpreted and applied by the
Government, and many traditional law practices. Gender segregation was
common in social settings. In accordance with Shari'a, a Muslim woman
has the right to hold and dispose of her own property without
interference. Women were assured an inheritance from their parents;
however, a daughter inherited half the share of a son, and a widow
inherited a smaller percent than did her children. It was much easier
for men to initiate legal divorce proceedings than for women. These
rules only applied to Muslims and not to those of other faiths for whom
religious or tribal laws applied. Although a Muslim man may marry a
non-Muslim, a Muslim woman cannot marry a non-Muslim unless he
converted to Islam; however, this prohibition was not observed or
enforced in areas of the south not controlled by the Government or
among Nubans. Unofficial, nonregistered marriages, known as ``orfy'' or
traditional weddings, are valid legally but do not guarantee the wife's
legal rights. For example, in an orfy customary marriage, a woman is
not entitled to alimony or pension, has no judicial protection without
official recognition by her spouse, and must file a legal petition to
establish her children's parentage. Women cannot travel abroad without
the permission of their husbands or male guardians; however, this
prohibition was not enforced strictly for women affiliated with the
PNC.
A number of government directives required that women in public
places and government offices and female students and teachers conform
to what the Government deemed an Islamic dress code (see Section 2.a.).
At the least, this necessitated wearing a head covering; however,
enforcement of the dress code regulations was inconsistent.
In February there were a number of incidents in which young women
were detained at police stations and sometimes beaten for alleged
improprieties of appearance or behavior. There were reports that police
demanded bribes in exchange for releasing the women. In addition, a
Khartoum-based NGO received an increasing number of reports of female
students threatened with rape while detained at police stations.
Women generally were not discriminated against in the pursuit of
employment; however, in July 21 women arbitrarily were dismissed from
their jobs at the Customs and Excise forces (CEF) headquarters in
Khartoum. No reason was given.
Children.--Education was compulsory through grade eight; however,
attendance reportedly was declining and was less than the 1990 level of
61 percent. There were wide disparities among states and some gender
disparity especially in the eastern and western regions; for example,
enrollment was 78 percent in Khartoum State and only 26 percent in
South Darfur State. In the northern part of the country, boys and girls
generally had equal access to education (50 percent and 47 percent
respectively), although many families with restricted income choose to
send sons and not daughters to school. Although there was little data
on enrollment rates, it was estimated that the vast majority of the
school age children of IDPs were not receiving an education. Nomadic
groups also were disadvantaged. Although the gender gap in enrollment
between boys and girls was only 3 to 5 percent in favor of the boys,
girls were more affected by early withdrawal due to family obligations
or early marriage. In the urban areas of the south, primary school age
children in basic education were estimated at 68 percent of all boys
and 67 percent of all girls. More than 50 percent of university
students were women, in part because men were conscripted for war.
The Government operated camps for vagrant children. Police
typically send homeless children who have committed crimes to these
camps, where they were detained for indefinite periods. Health care and
schooling at the camps generally were poor, and basic living conditions
often were primitive. All of the children in the camps, including non-
Muslims, must study the Koran, and there was pressure on non-Muslims to
convert to Islam (see Section 2.c.). There were reports that boys in
these camps and in homes for delinquent youths were forced to undergo
circumcision. Male teenagers in the camps often were conscripted into
the PDF, including some girls in the south (see Section 1.f.). There
were reports that abducted homeless and displaced children were
discouraged from speaking languages other than Arabic or practicing
religions other than Islam.
FGM was performed frequently on girls (see Section 5, Women).
A large number of children suffered abuse, including abduction,
enslavement, and forced conscription (see Sections 6.c. and 6.f.).
The Government forcibly conscripted young men and boys into the
military forces to fight in the civil war (see Section 2.a.). There
were reports of at least 50 cases this year of children taken from the
markets of Khartoum and conscripted into the PDF. Government
authorities frequently carried out conscription by raiding buses and
other public places to seize young men. No one was jailed during the
year for evading compulsory military service.
Rebel factions have conscripted citizens forcibly, including high
school age children. During the year, the SPLM/A actively engaged in
efforts to demobilize child soldiers; however, there were reports that
child soldiers were involved in military incidents during December,
which raised concerns that the SPLM/A again was using forced
recruitment of children.
Persons with Disabilities.--The Government did not discriminate
against persons with disabilities, but has not enacted any special
legislation for persons with disabilities, such as mandating
accessibility to public buildings and transportation. The law requires
equal educational opportunities for persons with disabilities.
National/Racial/Ethnic Minorities.--The estimated population of
27.5 million was a multiethnic mix of more than 500 Arab and African
tribes with numerous languages and dialects. Northern Muslims, who
formed a majority of approximately 16 million persons, 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 sought independence, or
some form of regional self-determination or autonomy from the north.
The Muslim majority and the Government continued to discriminate
against ethnic minorities in almost every aspect of society. Citizens
in Arabic-speaking areas who did not speak Arabic experienced
discrimination in education, employment, and other areas. For
university admission, students completing high school were 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.
There were periodic reports of intertribal abductions of women and
children in the south, primarily in the Eastern Upper Nile. The
abductions were part of traditional warfare in which the victor took
women and children as a bounty and frequently tried to absorb them into
their own tribe. There were traditional methods of negotiating and
returning the women who were taken in these raids. During the year,
there was at least one serious incident near Pibor in which members of
the Murle tribe abducted women and children from other tribes.
There were deaths in conflicts between ethnic groups, such as
continued fighting between Dinka and Nuer or between Nuer tribes.
Intertribal fighting among Nuer tribesmen increased during the
year. In November battles, which took place near Bentiu, resulted in
numerous deaths.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of association for economic and trade union purposes; however,
the Government restricted this right in practice. The Government
prescribed severe punishments, including the death penalty, for
violations of its labor decrees. The Trade Union Act established a
trade union monopoly. There were no independent trade unions. Only the
Government-controlled Sudan Workers Trade Union Federation (SWTUF) can
function legally, and all other unions were banned.
Former workers' union leaders were arrested during the year.
The law does not prohibit antiunion discrimination by employers.
SWTUF, the official government union, affiliated with international
bodies, such as the African Workers' Union and the Arab Workers' Union.
b. The Right to Organize and Bargain Collectively.--The emergency
decree passed in December 2001 still was in effect. Labor organizing
committees have the right to organize and bargain collectively;
however, government control of the steering committees meant that in
practice the Government dominated 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. Local union officials
have raised some grievances with employers, although few raised them
with the Government. There were credible reports that the Government
intervened routinely to manipulate professional, trade union, and
student union elections (see Section 2.a.).
A tripartite committee comprising representatives of the
Government, the SWTUF, and business set wages. Specialized labor courts
adjudicated standard labor disputes; however, the Ministry of Labor has
the authority to refer a dispute to compulsory arbitration. A labor
code has been in effect since December 2000, which strengthened
government control over trade unions and continues to deny trade unions
autonomy to exercise their basic right to organize or to bargain
collectively. The code provides that unions should be democratic,
national, and neutral, defend the welfare of their members, and should
raise productivity. There was nothing in the code regarding
organizational structure, strikes, or term limits. Union funds were
subject to control by the auditor general. A 30 percent salary increase
was scheduled to take place in January 2003 but only in Khartoum.
The Government continued to dismiss summarily military personnel as
well as civilian government employees whose loyalty it considered
suspect.
Strikes were banned and were considered illegal unless the labor
office granted approval, which never has been given. In most cases,
employees who tried to strike were subject to employment termination.
No action was taken against members of the security forces who forcibly
dispersed strikes in previous years.
There was one export processing zone.
c. Prohibition of Forced or Bonded Labor.--The 1998 Constitution
prohibits forced or bonded labor, including by children; however,
slavery and forced labor persisted, affecting women and children in
particular. The enslavement of women and children, particularly in the
war zones, and their transport to the central and northern parts of the
country continued.
Some NGOs reported that victims of government bombings and of the
civil war in general who fled to government-controlled peace camps were
subject to forced labor.
There were frequent and credible reports that militia raiders,
``murahileen'', with the support of forces directly under the control
of government authorities, systematically raided villages and captured
women and children as remuneration for their services in Bahr el-Ghazal
and Upper Nile. The Government took no action to halt these practices
and continued to support tribal militias. Abductees frequently were
forced to herd cattle, work in the fields, fetch water, dig wells, or
do housework. They also were subjected to arbitrary punishment,
torture, and rape, and at times, killed. These practices had a
pronounced racial aspect, as the victims exclusively were black
southerners and members of indigenous tribes of the Nuba Mountains.
There were reports of the sale and purchase of children, some in
alleged slave markets; however, the Government continued to deny
slavery and forced labor existed but acknowledged that abductions
occurred (see Section 1.b.).
Both the Government and rebel factions continued to conscript men
and boys forcibly into the fighting forces (see Section 5). There were
reports that the Government's PDF seized underage recruits from the
streets of Khartoum. Conscripts faced significant hardship and abuse in
military service, often serving on the frontline.
The ILO Conference Committee urged the Government to punish the
perpetrators of these abductions and to enforce ILO Convention 29 on
forced labor. The ILO also has recommended an ILO ``direct contact''
mission to investigate the situation. The Government rejected this
suggestion.
The rebel factions continued to force southern men to work as
laborers or porters.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution provides that the Government protect
children from exploitation; however, the Government did not enforce the
provisions. The legal minimum age for workers was 18 years; however,
the law was not enforced in practice. 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 produced edible
oils. In addition, severe poverty has produced widespread child labor
in the informal economy. In rural areas, children traditionally
assisted their families with agricultural work from a very young age.
The Government did not adhere to ILO Convention 182 on the worst
forms of child labor and has not taken any action to investigate abuses
or protect child workers.
There were credible reports that children were taken as slaves (see
Section 6.c.).
Child labor existed in SPLM/SPLA-held areas, particularly in the
agricultural sectors. Child labor in such areas was exacerbated by lack
of schools, extreme poverty, and the lack of an effective legal minimum
age for workers.
e. Acceptable Conditions of Work.--The legislated minimum wage was
enforced by the Ministry of Labor, which maintained field offices in
most major cities. Employers generally respected the minimum wage.
Workers who were denied the minimum wage could file a grievance with
the local Ministry of Labor field office, which then was required to
investigate and take appropriate action if there was a violation of the
law. The Ministry of Finance approved a 30 percent increase in the
minimum wage effective January 2003 for all workers only in Khartoum.
The minimum wage was $26 (6,881 SD), an insufficient amount to provide
a decent standard of living for an average worker and family. There
were reports during the year that some workers were not paid their
regular wages.
The workweek was limited by law to an 8-hour day, with a day of
rest on Friday, which generally was respected. Legal foreign workers
had the same labor rights as domestic workers.
Although the laws prescribe health and safety standards, working
conditions generally were poor, and enforcement by the Ministry of
Labor was minimal. The law does not address the right of workers to
remove themselves from dangerous work situations without loss of
employment.
Legal foreign workers had the same labor rights as domestic
workers. Illegal workers had no such protections and, as a result,
typically worked for lower wages in worse conditions than legal
workers. Southern IDPs generally occupied the lowest paying occupations
and were subject to economic exploitation in rural and urban industries
and activities.
f. Trafficking in Persons.--Although the law does not prohibit
specifically trafficking in persons, the Constitution specifically
prohibits slavery and forced labor; however, slavery, forced labor, and
trafficking in persons persisted, particularly affecting women and
children (see Sections 1.b. and 6.c.). The capturing and abduction of
women and children as slaves and their transport to other parts of the
country continued; the majority of abductees were taken to the
Government-controlled part of the country. During the year, there were
credible reports of abductions of women and children by government and
government-associated militia and their use as domestic servants,
forced labor, or sex slaves.
The Government has pledged to end abduction and slavery, and the
CEAWAC has resulted in the return of approximately 300 abducted
individuals (see Section 1.b.); however, an estimated 10,000 to 12,000
women and children remained in captivity and subject to forced
servitude at year's end. The Government did not identify publicly the
abductors or forced labor owners and chose not to prosecute them.
During the year, the Government's refusal to approve flight
clearances for the transfers of the abductees prevented additional
reunifications.
In November 2001, the Government announced the establishment of
special civilian tribunals in the border regions separating the south
and the north of the country to prosecute persons involved in the
abduction, transport, holding, and selling or exchanging of women and
children from war zones. The tribunals were not set up nor were
administrative procedures promulgated by year's end.
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 intertribal abductions of women and
children continued in the southern part of the country; abductees were
absorbed into tribes or kept as domestic servants or sex slaves (see
Section 5).
There were continuing reports that the SPLA forcibly recruited
Sudanese refugees in northern Uganda for service in their forces.
During the past 10 years, between 3,000 and 10,000 Ugandan children
were kidnaped by the LRA, taken to the southern part of the country,
and forced to become sex slaves or soldiers. There also were reports in
previous years that the LRA had sold and traded some children, mostly
girls, or provided them as gifts, to arms dealers in Sudan. In March
the Government signed an agreement to stop supporting the LRA and
permit Ugandan army access in the south to pursue the LRA. The LRA
continued to operate in the south and to hold a large number of child
abductees during the year.
__________
SWAZILAND
Swaziland is a modified traditional monarchy with executive,
legislative, and limited judicial powers ultimately vested in the King
(Mswati III). The King ruled according to unwritten law and custom, in
conjunction with a partially elected parliament and an accompanying
structure of published laws and implementing agencies. The 2001
municipal elections and 1998 parliamentary elections increased
representative government; however, political power continued to rest
largely with the King and his circle of traditional advisors, including
the Queen Mother. The judiciary was generally independent; however, the
King exerted certain judicial powers, and High Court judges struggled
to resist pressure to yield any powers to those outside the judiciary.
Both the Umbutfo Swaziland Defense Force (USDF) and the Royal
Swaziland Police (RSP) operated under civilian control and were
responsible for external and internal security. Some communities
questioned the ability of the National Police to operate effectively at
the community level and have formed community police. Members of both
the National Police and the community police committed human rights
abuses.
The country had a free market economy, with relatively little
government intervention; its population was approximately 1.1 million.
The majority of citizens were engaged in subsistence agriculture and
the informal marketing of agricultural goods, although a relatively
diversified industrial sector accounted for the largest component of
the formal economy. The country depended heavily on South Africa, from
which it received almost all of its imports and to which it sent the
majority of its exports. A quasi-parastatal organization established by
royal charter, and responsible to the King, maintained large
investments in major sectors of the economy, including industry,
agriculture, and services. This parastatal required partnership with
foreign investors and international development agencies.
The Government's human rights record was poor, and it continued to
commit serious abuses. Citizens were not able to change their
government peacefully. Police used excessive force on some occasions,
and there were reports that police tortured and beat some suspects. The
Government generally failed to prosecute or otherwise discipline
officers who committed abuses. The Government interfered with the
judiciary and infringed on citizen's privacy rights. The Government
continued to limit freedom of speech and of the press. The Government
restricted freedom of assembly and association and prohibited political
activity, although numerous political groupings operated openly and
voiced opinions critical of the Government. The police on several
occasions harassed political activists. There were 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. Trafficking in persons occurred.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life by the
Government or its agents.
Unlike in the previous year, there were no reports of deaths in
police custody.
There were no developments in the February 2001 police killing of a
20-year-old man who they claimed was trying to escape from police
custody in the village of Sithobelwini, or the March 2001 death by
poisoning in police custody of two 20-year-olds.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law does not prohibit specifically such practices,
although under the 1963 Prison's Act correctional facility officers may
be prosecuted if they engage in such practices; however, there were
reports that government officials employed them. There were credible
reports by criminal defendants that the security forces used torture
during interrogation and abused their authority by assaulting citizens
and using excessive force in carrying out their duties. For example, in
January a woman accused of theft complained that she was beaten,
slammed against the wall, and slapped with a knife by police attempting
to elicit a confession.
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. According
to unofficial reports, police still used the Kentucky method of
interrogation in which the arms and legs of suspects are bent and tied
together with rope or chain, then the person is beaten. The Government
generally failed to prosecute or otherwise discipline police officers
for such abuses. An internal complaints and discipline unit
investigated reports of human rights abuses by the police, but no
independent body had the authority to investigate police abuses. Courts
have invalidated confessions induced through physical abuse and have
ruled in favor of citizens assaulted by police.
Police also banned and forcibly dispersed prayer meetings that
unions and members of banned political parties attempted to attend (see
Section 2.b.).
Prison conditions generally met international standards; however,
government detention centers remained overcrowded, and conditions were
generally poor. The use of nonbailable provisions resulted in the
continued overcrowding and other unfavorable conditions in government
detention centers where suspects were held during pretrial detention.
Suspects often were released for time served after being sentenced (see
Section 1.d.).
Women and juveniles are held in separate prison facilities.
The Government routinely permitted prison visits by diplomats,
journalists, human rights monitors, and representatives of
international organizations. During the year, a foreign diplomat and
the Assistant Secretary General for the U.N. International War Crimes
Tribunal for Rwanda conducted visits to prison facilities (see Section
4).
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally respected
these prohibitions. The law requires warrants for arrests, except when
police observed a crime being committed or believed that a suspect
might 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 appeared.
The Government continued to limit the provisions for bail for
crimes appearing in the Non-Bailable Offenses Order, which listed 11
offenses. The Minister of Justice may amend the list by his own
executive act. The mere charge of the underlying offense, without any
evidentiary showing that the suspect was involved, was sufficient to
employ the nonbailable provision. In May 2001, the Court of Appeals
ruled that the nonbailable order was unconstitutional; however, in June
2001, the King overruled the Court's decision by decree. The
nonbailable offense provision exacerbated ongoing judicial problems
such as lengthy pretrial detention, the backlog of pending cases, and
prison overcrowding. In November the Court of Appeals ruled that the
King could not rule by decree, which invalidated the nonbailable
offense order (see Section 1.e.).
During the year, the cases against the remaining 9 of 15 union
representatives who were arrested in January 2001 were dismissed (see
Section 2.b.).
In September the High Court acquitted Mario Masuku, the president
of the banned political party People's United Democratic Movement
(PUDEMO), of sedition.
Also during the year, the 1999 case of an editor of an independent
newspaper who was arrested for criminal defamation was dismissed
without explanation.
The Government did not use forced exile.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the King has certain judicial powers,
and government officials, including the King, the Prime Minister, the
Minister of Justice and Constitutional Affairs, and the traditional
governor of the royal family, challenged the judiciary's independence
on several occasions by attempting to influence and also to reverse
court decisions. High Court judges resisted pressure to yield any
powers to those outside the judiciary; however, the Government ignored
judgements that did not favor them. For example, the Government ignored
a September 2000 ruling by the Chief Justice that prohibited the
eviction of two traditional chiefs. In October 2000, the Chief Justice
rescinded the injunction against the eviction after the Attorney
General (AG) gave him an affidavit stating that the King had decreed
the evictions and that the High Court had no jurisdiction over the
case. The case was appealed to the Court of Appeals, which ruled in
December 2000 that the Chief Justice's original ruling was correct. In
2001 the King succeeded in overruling a subsequent decision made by the
Court of Appeals ordering the Government to compensate citizens who
also were expelled forcibly from their homes when the chiefs were
evicted in October 2000. During the year, when the Commissioner of
Police refused to enforce a court order permitting the evicted
residents to return to their homes, one of the residents sought relief
from the High Court. The AG, acting on behalf of the Police
Commissioner, urged the High Court judge hearing the case to be
``executive minded'' when ruling on the matter. The judge refused to
yield to pressure and held the Commissioner in contempt of court.
In October the AG, allegedly acting on orders from King Mswati III,
accompanied by the Police Commissioner, the Prison Commissioner, and
the Commander of the USDF, advised the Chief Justice of the High Court
and two other High Court judges to dismiss a case, which the mother of
a young woman taken by the King's emissaries to become his 10th wife
alleged was an abduction (see Section 5). The AG told the judges that
if they proceeded to hear the case they should resign immediately upon
rendering judgment or the AG would arrange for their removal. The
judges refused to yield to the pressure; however, the mother asked for
the matter to be postponed.
On November 8, the Director of Public Prosecutions (DPP) brought
obstruction of justice and sedition charges against the AG based on his
attempted coercion of the High Court judges. On November 12, the Prime
Minister, the AG, and a member of the National Council ordered the DPP
to withdraw the charges or resign his post. If the DPP did neither he
was threatened with removal and possible bodily harm. On November 20,
he was locked out of his office; however, he was eventually let back
into his office. The Government has blocked the DPP's efforts to
prosecute the AG by refusing to serve process in the case. The DPP
advised the Government that he would resign if he received full payment
of his salary through the term of contract, which expires in 2005. The
Government stalled negotiations on this and threatened to arrest the
DPP on unrelated matters pertaining to a car accident that the DPP was
involved in several years ago.
In February the Prime Minister, acting in defiance of a court
order, ordered the Commissioner of Police to prevent the Clerk of
Parliament from resuming his position after the court determined that
the Prime Minister had improperly transferred him to the Ministry of
Agriculture. After the court ruled that the Prime Minister was in
contempt of court for his conduct, he withdrew his instructions to the
Commissioner of Police. In November the Prime Minister again ordered
the Clerk of Parliament transferred to the Ministry of Agriculture,
stripped him of his administrative powers, and transferred those powers
to the Principal Secretary in the Prime Minister's office. The Clerk
challenged his transfer and has requested the intervention of the Labor
Commissioner.
On November 22, the Court of Appeals ruled that King Mswati has no
authority to rule by decree until a new constitution was put in place,
which invalidated the Non-Bailable Offenses Order. On November 28, the
Government declared it would disregard the court's ruling because it
challenged the ``legitimate authority of the King.'' As a result of
this statement, the judges on the Court of Appeal all resigned. On
December 19, the High Court ruled that the Government could not seek
relief in court until the Prime Minister withdrew his statement the
Government would not abide by the judgements; however, the Prime
Minister did not withdraw his statement and the Court did not reverse
its position by year's end.
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 followed 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 has
not been used since 1987.
The Western judiciary consisted of the Court of Appeals (composed
entirely of expatriate, usually South African, judges), the High Court,
and magistrate courts, all of which were independent of executive and
military control. The expatriate judges, frequently distinguished
members of their respective bars, served on the basis of 2-year
renewable contracts. Local judges served indefinitely with good
behavior. In magistrate courts, defendants were entitled to counsel at
their own expense. Court-appointed counsel was provided in capital
cases or when difficult points of law were at issue. There were well-
defined appeal procedures up to the Court of Appeals, the highest
judicial body. A lack of an independent court budget, lack of trained
manpower, inadequate levels of salary remuneration, and casework
management remained problems for the judiciary.
Most citizens who encountered the legal system did so through the
traditional courts. The authorities may bring ethnic Swazis to these
courts for minor offenses and violations of traditional law and custom.
In traditional courts, defendants were not permitted formal legal
counsel but could speak on their own behalf and were assisted by
informal advisers. Sentences were subject to review by traditional
authorities and could 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 made
the determination. Accused persons had the right to transfer their
cases from the traditional courts. Delays in trials were common.
In 1998 the King issued an administrative order that strengthened
the judicial powers of traditional chiefs appointed by the King. The
order provided for chiefs' courts with limited civil and criminal
jurisdiction and authorized the imposition of fines up to approximately
$30 (300 emalangeni), and prison sentences of up to 3 months. Accused
persons were required to appear in person without representation by a
legal practitioner or advocate. However, chiefs' courts only were
empowered to administer customary law ``insofar as it is not repugnant
to natural justice or morality,'' or 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 was the
court of last resort for civil matters. Human rights organizations and
the press expressed serious concern over issuance of the 1998
Administrative 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; however, at times police did
not respect this requirement in practice. Police officers with the rank
of subinspector or higher had the right to conduct a search without a
warrant if they believed that evidence might be lost through the delay
in obtaining a warrant. Searches without warrants occurred (see Section
2.b.).
On February 26, police searched the house of a member of the banned
political party Ngwame National Liberatory Congress without a warrant
after threatening the homeowner with guns to gain access.
In October police searched and harassed a member of a banned
political party for more than 1 hour on the roadside before letting her
proceed.
There were no developments in the February 2001 case in which
police officers raided the home of a citizen and his foreign wife and
reportedly were abusive.
There were instances of physical surveillance by the police on
members of labor unions and banned political groups. On February 7,
police harassed and searched a car transporting leaders of a banned
political party who were on their way to South Africa. Police also used
video cameras to record meetings of union members.
In 2000 the Operation Support Service Unit (OSSU) of the RSP and
the USDF evicted and relocated from their residences two Swazi chiefs
representing the areas of KaMkwheli and Macetjani, members of their
families, and others who opposed the appointment of Prince Maguga
Dlamini to replace the chiefs. In June 2001, the Court of Appeals
ordered the Government to assist and compensate the evicted residents,
allow them to return to their homes, and allow them to remain in their
homes until final judgement was decided by the High Court; however,
King's Decree No. 2 overturned the Court of Appeals' ruling. In July
2001, police again evicted the chiefs and approximately 23 persons who
had returned to their residences.
On March 2, approximately 50 residents of kaMkhweli marched to the
Siphophaneni police station to deliver a petition calling for the
return of chiefs Mtfuso and Mliba, the departure of police from
kaMkhweli and Macetjeni, the removal of Prince Maguga from the area,
and a time to conduct burial rites for the deceased son of chief
Mtfuso. Some of the women in the crowd of 50 tore off their mourning
strings and threw them to the ground as an act of protest. Viewing this
action as an insult, the officer-in-charge ordered police to detain the
women and police subsequently rushed the crowd and beat those women who
threw down their mourning strings. Many of the residents then fled to
the Siphophaneni clinic for shelter. After the initial attack, police
raided and ransacked approximately 60 nearby huts in an attempt to
apprehend some of the residents. Police eventually detained a young
woman and the grandfather of evicted chief Mtfuso.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law does not provide for
freedom of speech and of the press, and the Government limited these
rights through a continuing formal ban on political parties and
occasional harassment of journalists. The Government also discouraged
critical news coverage of the royal family, and journalists practiced
self-censorship in regard to the immediate royal family and national
security policy.
There was one daily independent newspaper and a daily government-
financed newspaper. In general both the Government-owned and
independent newspapers covered a wide variety of sensitive topics and
criticized government corruption, inefficiency, and waste, frequently
using harsh invective. However, the Government used the same media to
rebut such allegations. With some exceptions, the Government continued
to withhold its advertising from the independently owned daily
newspaper. The Prime Minister's office distributed a free weekly
circular reporting on government policy and activities.
During the year, the Government did not make any progress in
drafting a media policy to replace the proposed media council bill.
There were no developments in the 2001 appeal by the Government of
High Court ruling against the Government's 2001 proscription of a
weekly newspaper.
During the year, the 1999 case against an editor of an independent
newspaper charged with criminal defamation was dismissed.
Police beat a journalist attempting to attend a prayer service (see
Section 2.b.).
The Government had a monopoly over television and radio
programming. There were two government-owned radio stations. There was
one independent radio station, which only broadcast religious programs.
The Government-owned television and radio stations--the most
influential media in reaching the public--generally followed official
policy positions. Government broadcast facilities retransmitted Voice
of America (VOA) and British Broadcasting Corporation (BBC) news
programs in their entirety.
Private companies and church groups owned several newsletters,
magazines, and one radio station that broadcast throughout the region
but generally avoided political controversy. The Christian Broadcasting
Company radio station was allowed to operate despite the fact that it
was government policy not to permit private broadcasters to operate.
The Government did not restrict use of the Internet.
The practice of self-censorship and the prohibition of political
gatherings limited academic freedom. On December 3, police evacuated
the University of Swaziland and suspended classes following 2 days of
protests of the Government's proposal to buy a jet for King Mswati and
recent attacks on the independence of the judiciary and the rule of
law.
b. Freedom of Peaceful Assembly and Association.--The law does not
provide for freedoms of assembly and association, and the Government
restricted these rights in practice. 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 routinely withheld permission
to hold such meetings.
During the year, the police forcibly dispersed several
demonstrations and meetings (see Sections 1.f. and 2.a.). For example,
in October and November, police dispersed forcibly persons attempting
to attend community prayer services in connection with the evictions of
the two chiefs and their supporters from KaMkwaheli and Macetjani.
During the year, police harassed, arrested, and disrupted the
meetings of prodemocracy activists and members of banned political
parties (see Section 1.f.). For example, on November 19, police
prevented PUDEMO leader Masuku from holding a press conference at a
privately owned conference center.
Police also banned and dispersed meetings held by workers' unions.
Police generally took such actions when they believed that political
discussions were occurring, or were likely to occur, at these meetings.
On November 2, police searched Swaziland Federation of Trade Union
(SFTU) representatives and their vehicles without warrants and then
forbade them from proceeding to the site of the prayer service on the
grounds that the group had dispersed. Police beat a journalist
attempting to attend the same service.
There was no action taken against the responsible police officers
who in October 2001 used tear gas and beat several persons while
dispersing forcibly a demonstration in the KaMkwheli and Macetjani
areas, or the police who forcibly disrupted a press conference also in
October 2001 and reportedly injured 18 students.
No action was taken against police officers in the following 2001
incidents: The police officers who dispersed forcibly a Swaziland
National Association of Teachers (SNAT) union meeting in January, or
the police banning of an impromptu meeting called by the Swaziland
Agricultural Plantation and Allied Workers Union (SAPAW) in August.
There were no developments in the January 2001 case of nine persons
who were charged with misconduct for compromising their political
impartiality and for violating a government order that prohibited them
from attending a November 2000 political meeting in South Africa.
Several traditional forums existed for the expression of opinion,
including community meetings, national councils, and direct dialog with
area chiefs; however, these local channels were not meant as a vehicle
for political change. They often depended on the interests of leaders
and were not consistently effective channels for expressing political
dissent.
King Sobhuza's 1973 decree prohibits political parties. In January
2001, police arrested 15 labor union and political group members for
organizing protest actions and for political association. In September
2001, the Magistrate court acquitted six of these union members, and
during the year, the cases of the remaining nine union representatives
were dismissed.
c. Freedom of Religion.--There is no formal legal provision for
freedom of religion; however, the Government generally respected
freedom of religion in practice, although there were a few
restrictions. Followers of all religious faiths generally were free to
worship without government interference or restriction.
New religious groups or churches were expected to register with the
Government upon organizing in the country. In order to be considered
organized, a religious group or church must demonstrate either
possession of substantial cash reserves or financial support from
outside religious groups with established ties to western or eastern
religions. For indigenous religious groups or churches, authorities
considered demonstration of a proper building, a pastor or religious
leader, and a congregation as sufficient to grant organized status.
However, there is no law describing the organizational requirements of
a religious group or church. All religions were recognized
unofficially.
Government permission was required for the construction of new
religious buildings. Non-Christian groups sometimes experienced minor
delays in obtaining permits from the Government.
In October and on November 2, police banned and dispersed people
attempting to attend community prayer services (see Section 2.b.).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law does not provide for these
rights, and the Government placed some limits on them in practice.
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 an unmarried woman requires the permission of
a close male relative. Citizenship law nominally permits 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 persons were not real Swazis (see Section 5). Political
dissenters often had their citizenship questioned and could experience
difficulty in obtaining travel documents. The Constitutional Review
Commission (CRC) made a recommendation that effectively could render a
child stateless should it be born to a Swazi mother and a foreign
father.
The Government treated several thousand ethnic Swazis living across
the border in South Africa as virtually indistinguishable from Swazi
citizens and routinely granted them travel and citizenship documents.
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 cooperated fully with
the office of the U.N. High Commissioner for Refugees (UNHCR), as well
as the various nongovernmental organizations (NGOs) involved in the
care of refugees. According to the UNHCR, there were an estimated 1,000
refugees in the country, the majority coming from the Great Lakes
region of Africa and Angola. 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 feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens were not able to change their government peacefully. The
King retained ultimate executive and legislative authority, and
political parties were prohibited. Passage of legislation by Parliament
required the King's assent to become law, which he was not obliged to
give. When Parliament was not in session, the King could 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 elected most members of the lower house of Parliament.
According to law, 55 seats in the 65-seat House of Assembly are
popularly contested. Parliamentary elections were held by secret ballot
in October 1998 for 53 of the 55 elected seats (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 1999.
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 included only three elected Members of Parliament, with the
balance drawn from appointed members of the House and Senate.
King Sobhuza, the King's father who died in 1982, suspended the
1968 Constitution in 1973 with a decree that bans political parties,
meetings, and processions; these meetings can be held only in local
``Tinkhundla'' administrative centers or as authorized by the police.
The King had the authority to issue decrees that carry the force of law
and exercised this authority in June 2001, when he issued Decree No. 2.
Decree No. 2 reasserted and strengthened his absolute authority,
provided further restrictions on freedom of speech and the press,
reinstated a nonbailable offense provision, and provided a mechanism to
neutralize the powers of the judiciary and Parliament. On July 24, the
King repealed the decree after the Government received strong criticism
from foreign governments and domestic and international groups;
however, the King retained the nonbailable offense provision(see
Section 1.d.).
Pressure has been building for several years to modernize the
political system, and both the King and the Government recognized that
there was a need for political reform, including the drafting of a new
constitution and, specifically, a bill of rights. 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, and in August 2001, after 5 years of
deliberation, the CRC publicly released its findings. In general the
report concluded that most citizens want a continuation of the status
quo, a strengthening of the King's powers, a continued ban against
political parties, greater emphasis on traditional law and custom, and
stiffer penalties for those who speak against the state. The CRC was
disbanded after submitting its report.
Domestic and international groups criticized the CRC report as
flawed. These groups specifically cited the commission's composition
that consisted predominantly of traditionalists, the internal disputes
that led to the resignation of four members, and the commission's
controversial terms of reference. These controversial terms of
reference included prohibition of media coverage, prohibition of group
submissions, and possible fines and imprisonment of those persons
interfering in the commission's activities. During the constitutional
review process, human rights organizations, church groups, labor
unions, and other NGOs conducted their own active programs of
constitutional and human rights civic education.
In January the King appointed a Constitutional Drafting Committee
and instructed the committee to prepare a constitution within 8 months.
The release of the draft Constitution was delayed until 2003.
Chiefs were custodians of Swazi law and custom and were responsible
for the day-to-day running of their chiefdom. Although law and customs
were not codified, chiefs essentially were responsible for maintaining
law and order in their respective chiefdoms. For example, chiefs had
their own community police who may arrest a suspect and bring the
suspect before an inner council within the chiefdom for a trial.
Besides the Swazi Administration Act of 1998, chiefs traditionally were
empowered by virtue of unwritten customary laws to impose fines and
some form of punishment to their subjects. Chiefs were an integral part
of society and acted as overseers or guardians of families within the
communities and traditionally reported directly to the King. Local
custom mandates that chieftaincy was hereditary.
The continuing ban on political parties and restrictions on
political activity prompted some political groupings and trade unions
to call for a boycott of the 1998 elections by their members. Members
of the SFTU 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 during the 1998
elections, 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 September 2001, elections were held by secret ballot without
major difficulties to select new municipal councils in 11 cities and
towns across the country. Voter turnout was low, with percentages
ranging from 12 percent to 40 percent across all cities and towns.
There were no reports of intimidation or violence.
Women generally had full legal rights to participate in the
political process; 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. There were 4 women in the 65-member House of Assembly, 4
women in the 30-seat Senate, and 2 women among the 16 ministers in the
Cabinet. A woman served as Secretary to the Cabinet and the head of the
civil service. Three women served as principal secretaries, the most
senior civil service rank in the ministries.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials were generally cooperative and
responsive to their views. Human rights groups have spoken out on a
number of occasions, criticizing the lack of accountability and
transparency in government circles. In May 2001, Amnesty International
visited the country to conduct investigative work on the state of human
rights in the country, and issued a press release condemning the
Government's interference with the independence of the judiciary and
failure to respect the rule of law.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law forbids employers to discriminate on the basis of race,
sex, or political affiliation. Under the law, employees may bring suit
against employers for discrimination, and there also were provisions
for criminal prosecutions. The law reportedly has been used on occasion
to bring moral suasion to bear against employers. Mixed race citizens
sometimes experienced governmental and societal discrimination.
Women.--Domestic violence against women, particularly wife beating,
was common, despite traditional restrictions 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 did so, usually in extreme cases when intervention by
extended family members failed to end such violence. Rural women often
had no relief if family intervention did not succeed, because the
traditional courts could be unsympathetic to ``unruly'' or
``disobedient'' women and were less likely than the modern courts to
convict men for wife beating. Rape also was common and regarded by many
men as a minor offense, while women often were inhibited from reporting
such crimes by a sense of shame and helplessness, especially when
incest was involved. In the modern courts, sentences frequently
resulted in several months in jail, a fine, or both. The law provides
some protection from sexual harassment, but its provisions were vague
and largely ineffective. Several NGOs provided support for victims of
abuse or discrimination.
Women occupied a subordinate role in society. In both civil and
traditional marriages, wives were treated as minors legally, although
those who married under civil law may be accorded the legal status of
adults, if stipulated in a signed prenuptial agreement. A woman
generally required 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. An unmarried woman required a
close male relative's permission to obtain a passport (see Section
2.d.). Despite the law's requirement for equal pay for equal work,
men's average wage rates by skill category usually exceeded those of
women.
The dualistic nature of the legal system complicated the issue of
women's rights. Since uncodified law and custom govern traditional
marriage, women's rights often were unclear and change according to
where and by whom they were interpreted. Couples often married in both
civil and traditional ceremonies, creating problems in determining
which set of rules applied 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. For example,
in October King Mswati III, who has nine wives, allegedly instructed
his agents to take three additional young women into royal custody
while he considered whether or not to take them as wives. In November
the King announced that he would take one of the three women, the
mother of whom sued in court alleging that her daughter's taking was an
abduction (see Section 1.e.). The status of the two other women
remained unknown at year's end. A man who marries a woman under civil
law legally may not have more than one wife, although in practice this
restriction sometimes was ignored. Traditional marriages considered
children to belong to the father and to his family if the couple
divorced. Children born out of wedlock were viewed as belonging to the
mother. Under the law, a woman did not pass citizenship automatically
to her children. Inheritances were passed through male children only.
Changing socioeconomic conditions, urbanization, and the increasing
prominence of female leaders in government and civic organizations were
breaking down barriers to equality. Women routinely executed contracts
and entered 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 coordinated women's issues. Although gender
sensitization was not part of the formal school curriculum, some
schools have organized debates and other mechanisms to address gender
issues. The University Senate also has a subcommittee that encouraged
students and faculty to hold seminars and workshops on gender issues.
Children.--The Government has passed a number of laws directly
addressed children's issues. The Government did not provide free,
compulsory education for children. The Government paid teachers'
salaries while student paid fees for books and into the building fund.
Supplemental money sometimes must be raised for building upkeep,
including teachers' housing; however, the country had a 99 percent
primary school enrollment rate. The public school system ends at grade
12. Children were required to start attending school at the age of 6
years. Most students reach grade 7, which was the last year in primary
school, and a large percentage of students finish grade 10. A
government task force educated the public on children's issues.
In general medical care for children was inadequate. The wait for
medical care was long, nursing care in public hospitals was poor, and
hospitals were overcrowded and understaffed. Most prescription drugs
were available in urban facilities, but rural clinics had inadequate
supplies of certain drugs.
Child abuse was a problem, and the Government has not made specific
efforts to end such abuse. Children convicted of crimes sometimes were
caned as punishment. There were a growing number of street children in
Mbabane and Manzini. The law prohibits prostitution and child
pornography and provides protection to children under 16 years of age
from sexual exploitation and sets the age of sexual consent at 16 years
of age; however, female children sometimes suffered sexual abuse,
including by family members. There were reports that Mozambican girls
worked as prostitutes in the country (see Section 6.f.).
Persons with Disabilities.--The Ministry of Home Affairs has called
for equal treatment of persons with disabilities; however, there were
no laws that protect the rights of those with disabilities or that
mandate accessibility for persons with disabilities to buildings,
transportation, or government services. There has been no progress on
legislation that would give preferential treatment to persons with
disabilities for building access and other needs; however, all new
government buildings under construction included improvements for those
with disabilities, including accessibility ramps.
National/Racial/Ethnic Minorities.--Governmental and societal
discrimination was practiced widely against nonethnic Swazis, namely
white persons and persons of mixed race. Although there were no
official statistics, an estimated 2 percent of the population were
nonethnic Swazis. Nonethnic Swazis have experienced difficulty in
obtaining official documents, including passports (see Section 2.d.).
Nonethnic Swazis also suffered from minor forms of governmental and
societal discrimination such as needing special permits or stamps to
buy a car or house, delays in receiving building permits for houses,
and difficulties in applying for a bank loan.
Section 6. Worker Rights
a. The Right of Association.--The 2000 Industrial Relations Act
(IRA) provides that employees who are not engaged in essential services
have the right to participate in peaceful protest action to promote
their socioeconomic interests. However, during the year, the Government
continued to ignore certain foreign direct investors who violated
international labor standards and domestic labor laws with impunity.
The main trade union federation was the SFTU. A second trade union
federation was the Swaziland Federation of Labor (SFL).
Unions were free to draw up their own constitutions within the
framework of the IRA. The IRA specifies a number of provisions that
must be addressed in a constitution, including the election of officers
by secret ballot. There was no collusion between the Government and
business in relation to worker rights. The Labor Commissioner may
reinstate unions quickly, once they have met all the legal requirements
of the IRA.
The law requires employers to recognize a union when it achieves
more than 50 percent membership among employees. Employers must allow
representatives of legally recognized unions to conduct union
activities on company time. Although many employers resisted union
recognition and forced the issue to the Industrial Court, the Court
generally ruled in favor of the unions in these cases.
The law forbids antiunion discrimination; however, antiunion
discrimination continued to be prevalent and manufacturers continued to
refuse to recognize duly elected unions. In the case of unfair
dismissal, the court can order reinstatement and compensation for the
employee, as well as fine the employer. Union leaders have made
credible charges that management in various industries dismissed
workers for union activity.
Unions were free to associate with international labor bodies and
maintained regular contact.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively. The IRA,
with the 2001 amendments, is a comprehensive law providing for the
collective negotiation of the terms and conditions for employment and
dispute resolution mechanisms. In addition to these provisions, the law
provides for the administration of a court devoted to the adjudication
of labor related issues and establishes a tripartite labor advisory
board. Collective bargaining was widespread; approximately 80 percent
of the formal private sector were unionized, and a number of collective
bargaining agreements were reached during the year. The Industrial
Court may refuse to register collective bargaining agreements in the
event of nonobservance of any requirement of the IRA. The IRA permits
workers councils, which were to be established in factories with 25 or
more employees in the absence of a trade union, to negotiate terms and
conditions of work, wages, and welfare.
Disputes were referred to the Labor Commissioner and the Industrial
Court, if necessary. The IRA also provides for disputes to be referred
to the Conciliation, Mediation, and Arbitration Committee (CMAC). The
Chief Executive Officer chaired the CMAC. By year's end, the CMAC had
adjudicated approximately 2,200 cases.
The IRA details the steps to be followed when disputes arise,
including the definition of a legal or illegal strike. The IRA
shortened the notice that an organization or federation was required to
give before it commenced a protest action. The IRA empowers the
Government to mediate employment disputes and grievances through the
Labor Advisory Board. When disputes arose, the Government often
intervened 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 IRA
prohibits strikes in ``essential'' services, which included police and
security forces, correctional services, fire fighting, health, and 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.
In March the Industrial Court ordered the Government to pay back
wages to 32 state television employees who were dismissed in 1999;
however, the Government had not done so by year's end.
During the year, the Government maintained that all outstanding
labor issues have been addressed; however, 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.
There were widespread allegations that some garment manufacturers
did not comply with the labor laws and that the Government did not
enforce the law effectively within this sector. It was reported that
the AG did not bring any cases against garment manufacturers for labor
law violations, despite government inspectors having identified several
manufacturers that were in violation of the law.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and the Government generally
enforced this prohibition effectively; however, the SFTU cited the 1998
Administrative Order as a form of forced labor, because it reinforced
the tradition of residents doing traditional tasks without receiving
compensation for chiefs and allowed the chiefs to fine their subjects
for failing to carry out the manual labor.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the hiring of a child below the age of
15 in an industrial undertaking, except in cases where only family
members were employed in the firm, or in technical schools where
children were 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 and 33 per week. Employment of children in the formal
sector was not usual; however, children below the minimum age
frequently were employed in the agricultural sector, particularly in
the eastern cotton-growing region. Children also were employed as
domestic workers, and as herd boys in rural areas. The Ministry of
Labor was responsible for enforcement, but its effectiveness was
limited by personnel shortages.
A fact finding mission from the International Labor Organization
(ILO) visited the country in August and encouraged the Government to
participate in the ILO's International Program for the Elimination of
Child Labor program; however, the Government had not yet decided to
participate by year's end.
e. Acceptable Conditions of Work.--There was a legally mandated
sliding scale of minimum wages depending on the type of work performed.
These minimum wages generally did not provide a worker and family with
a decent standard of living. The minimum monthly wage for a domestic
worker was approximately $30 (300 emalangeni), for an unskilled worker
$42 (420 emalangeni), and for a skilled worker $60 (600 emalangeni).
Labor, management, and government representatives have negotiated a
maximum 48-hour workweek in the industrial sector except for security
guards, who worked up to six 12-hour shifts per week. The law permits
all workers 1 day of rest per week. Most workers received a minimum of
12 days annual leave. The Labor Commissioner enforced standards in the
formal sector; however, enforcement was lax or nonexistent especially
in the textile and apparel sector. There were extensive provisions
allowing workers to seek redress for alleged wrongful dismissal; these
provisions frequently were invoked. There also were penalties for
employers who conduct unauthorized lockouts; however, penalties were
not imposed during the year.
The law protects worker health and safety. The Government set
safety standards for industrial operations, and it encouraged private
companies to develop accident prevention programs. Recent growth in
industrial production necessitated more government action on safety
issues; however, the Labor Commissioner's office conducted few safety
inspections in recent years because of staffing deficiencies and an
alleged desire not to ``scare off foreign investors.'' Workers had no
formal statutory rights to remove themselves from dangerous work places
without jeopardizing their continued employment; nor did any collective
bargaining agreements address the matter.
There were allegations that working conditions within some garment
factories were substandard. In particular, there were allegations that
women who tried to take maternity leave were dismissed, that employers
paid employees at casual or probationary wage scales regardless of
their position or length of service, and that some supervisors were
abusive to employees. The Government has indicated a willingness to
increase labor inspections in order to address these allegations.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were reports of trafficking. Underage Mozambican
girls reportedly worked as prostitutes in the country. There also were
reports than Swazi women were trafficked to South Africa for
prostitution.
__________
TANZANIA
The United Republic of Tanzania is a multiparty democracy led by
the President of the mainland, Benjamin Mkapa. The islands of Zanzibar
were integrated into the United Republic's governmental and party
structure; however, the Zanzibar government, which has its own
President and Parliament, exercised considerable autonomy. When the
country held its second multiparty national elections for President and
Parliament in 2000, Mkapa was reelected, and the ruling Chama Cha
Mapinduzi (CCM) party made significant gains in its majority in
Parliament. On the mainland, international observers concluded that the
October 2000 elections were free and fair and conducted peacefully.
However, the presidential and parliamentary elections that took place
in Zanzibar, were marred by irregularities, voter intimidation, and
politically motivated violence. Votes were cancelled in 16
constituencies, and new votes were held in November 2000. The
opposition Civic United Front (CUF) boycotted the new vote in protest.
The ruling CCM and the CUF parties engaged in a dialog throughout 2001
in an attempt to resolve outstanding issues concerning the 2000
elections and the subsequent violence. In October 2001, the parties
reached an agreement, which was designed to lay the foundation for a
multiparty democracy in Zanzibar. During the year, both sides made
efforts to follow through on the agreement, and several steps were
taken to improve the electoral process. The national judiciary was
formally independent but was corrupt, inefficient, and subject to
executive interference, although there were jurists who were working to
improve the judicial function.
The police force had primary responsibility for maintaining law and
order. It formerly was supported by citizens' patrols known as
``Sungusungu,'' which remained active in rural areas, but virtually
disappeared from urban areas. There also were Sungusungu groups
composed of refugees in most refugee camps that acted as quasi-official
security forces. The military was composed of the Tanzanian People's
Defense Force (TPDF). The People's Militia Field Force (FFU) was a
division of, and directly controlled by, the national police force. The
security forces were under the full control of, and responsive to, the
Government. The security forces regularly committed human rights
abuses.
Agriculture provided 82 percent of employment for the population of
approximately 35 million. The Government continued macroeconomic
reforms that liberalized agricultural policy; privatized over 300
parastatals; rescheduled foreign debt payments; freed the currency
exchange rate; stimulated economic growth; and reduced the rate of
inflation. The GDP growth rate was 5.6 percent. While the Government
attempted to improve its fiscal management, pervasive corruption
constrained economic progress.
The Government's human rights record remained poor; while there
were improvements in a few areas, serious problems remained. The right
of citizens to change their government in Zanzibar was circumscribed
severely by abuses of and limitations on civil liberties in 2000. On
November 4, the joint commission to investigate reported abuses
committed in January 2001 in Zanzibar released its final report. Police
were more disciplined during the year; however, members of the police
and security forces committed unlawful killings. Police officers
mistreated suspected criminals. Unlike in the previous year, there were
no reports that police used torture in Zanzibar. Prison conditions
throughout the country remained harsh and life threatening. Arbitrary
arrest and prolonged detention remained problems. The inefficient and
corrupt judicial system often did not provide expeditious and fair
trials. Pervasive corruption continued. The Government limited freedom
of speech, the press, assembly, and association, particularly for
Muslim demonstrators in Zanzibar. In the western part of the country,
anti-refugee resentment and hostility continued. The Government
pressured Burundian and Rwandan refugees to voluntarily repatriate;
however, no forced repatriations occurred. The National Human Rights
Commission heard several cases during the year and worked to heighten
public awareness of human rights problems. Sexual and gender-based
violence and discrimination against women and girls remained problems
throughout the country, including in refugee camps. Female genital
mutilation (FGM) remained a serious problem. Trafficking of children
and child prostitution were problems. The Government continued to
infringe on workers' rights, and child labor persisted. Mob justice
remained widespread. Tanzania was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings during the year; however, there were
reports of unlawful killings.
On January 24, two soldiers killed a man after catching him viewing
military aircraft through binoculars. No further information was
available about punitive measures taken within the military at year's
end.
In a February 4 account, a soldier shot and killed a policeman who
attempted to arrest suspects carrying an illegal local beverage. The
soldier allegedly joined a group of onlookers who threw rocks at the
policeman to stop him from arresting the suspects. The soldier killed
one policeman and injured two others, allowing the suspects to escape.
On May 15, a police officer in Pemba shot and killed a mentally
disabled man for ignoring an order to stop throwing stones. Witnesses
indicated that the police were aware of the man's condition.
During the year, police used excessive force to disperse
demonstrations, which resulted in the deaths of demonstrators (see
Section 2.b.).
On November 4, the independent commission to investigate police
responsibility in the January 2001 violent dispersal of demonstrators
on Pemba released its final report. The report stated that police
lacked proper riot gear and resorted to live bullets. The report also
stated that police used batons, canes, and electric wires to torture
suspects in custody and recommended providing police with modern riot
gear and civic training. No action was taken during the year against
individual police officers responsible for the killings (see Section
2.b.).
No action was taken during the year against police officers that
shot and killed one CUF member and injured another in Stonetown,
Zanzibar, in January 2001.
There were deaths in custody during the year (see Section 1.c.).
There were no reports of any investigation or action taken in the
May 2000 case in which FFU officers in Iringa were accused of beating a
man to death for not paying a ``development levy''; the July 2000 case
in which police killed a prisoner while he was in remand; or the case
of a prisoner who died in Moshi Prison in 2000.
There were some reports of violent clashes between clans. For
example, in January four persons were killed during a conflict between
pastoralists and Asian farmers.
Mob justice against suspected criminals persisted, despite
government warnings against it. 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. The Government took some measures to prosecute those who
participated in mob justice. On June 7, three persons were sentenced to
death after the High Court convicted them of murder in a mob justice
prosecution; however, the sentence had not been carried out by year's
end. The crime occurred in 1997, when the innocent victim was killed
before a local businessman arrived on the scene and attested to his
innocence.
The widespread belief in witchcraft in some instances led to the
killing of alleged witches by their ``victims,'' aggrieved relatives,
or mobs. Government officials criticized these practices, and some
arrests were made; however, most perpetrators of witch killing or mob
justice eluded arrest, and the Government did not take preventive
measures during the year.
b. Disappearance.--There were no reports of politically motivated
disappearances.
Unlike in the previous year, there were no reports during the year
of children being abducted from refugee camps in the western part of
the country.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, there
were reports that police officers threatened, mistreated, or
occasionally beat suspected criminals during and after their
apprehension and interrogation. The Government seldom prosecuted police
for abuses in practice. During the year, police used force to disperse
one large gathering (see Section 2.b.). There continued to be numerous
reports that police officers used torture, including beatings and
floggings, during the year.
Unlike in the previous year, there were no reports of police
officers threatening, mistreating, beating, or arresting relatives of
criminal suspects.
The police and the judicial system continued to use corporal
punishment. On June 4, a high court in Dodoma ordered six cane strokes
for a juvenile convicted of manslaughter. In July Justice Minister
Mwapachu said that the issue of whether to continue the practice of
caning offenders would be suspended until the Government carried out
thorough investigations.
No action was taken against the members of the security forces
responsible for torturing, beating, or otherwise abusing persons in the
following cases from 2000: The April beatings and police brutality in
Stone Town in Zanzibar; the October beating of persons who violated the
7 p.m. curfew imposed in Wete, Pemba; the October beating of a man in
custody; the October shooting of six CUF supporters; the October
beating of a man during a CUF meeting; the October beating of
Fortunatus Masha, an opposition candidate who was vice-chairman of his
party; the October injuring of several arrested persons in Pemba; the
November beating of several CUF officials in Stone Town in Zanzibar;
the November case in which police reportedly broke the jaw of a
detainee; and the November beating and reported torture of opposition
officials in Zanzibar.
Sexual abuse and rape of detainees was a problem; however, the
Government took some steps during the year to discourage and punish
such abuses. On March 25, following public protest, the Minister of
Home Affairs ordered the Inspector General of Police to investigate a
policeman who allegedly raped a 16-year-old girl in November 2001 while
she was at a police station. The action was ordered after complaints
that the suspect had not yet been charged or summoned to court. The
investigation was pending at year's end.
In previous years, security forces regularly used beatings, tear
gas, and other forms of physical abuse to disperse large gatherings.
During the year, police forces were more disciplined in their handling
of demonstrations; however, in February they used tear gas to disperse
one large gathering, which resulted in deaths and injuries (see Section
2.b.).
The Government promoted police training during the year in an
effort to reduce police impunity. On December 2, the first Civil
Disorder Management training session was held; 35 police officers
attended from throughout the country, including Zanzibar.
In response to police corruption and impunity, the Inspector
General of Police transferred 74 police officers from the Arusha
Central Police Station following allegations that they were complicit
in a series of thefts. In June 2001, the Inspector General of Police
reorganized the police force. The action included transfers of police
officials throughout the country, some for suspected misconduct, in
order to improve police performance and fight corruption in the police
force. The internal investigation of a police officer accused of
harassing and attempting to bribe a local businessman was ongoing at
year's end. Despite these actions and those of the Prevention of
Corruption Bureau (a separate and ineffectual arm of the police force
tasked with combating police corruption), there were numerous
complaints from civil society groups about police corruption during the
year.
The People's Militia Laws grant quasi-legal status to the
traditional Sungusungu neighborhood and village anticrime groups. The
Sungusungu still exist, particularly in rural areas such as the Tabora,
Shinyanga, and Mwanza regions, and in refugee camps. Members of
Sungusungu have additional benefits similar to those given to police
officials, including the right to arrest persons. In return members of
Sungusungu were expected to be held accountable for any abuses.
In January radical Muslims bombed popular bars in Zanzibar Town
because they served alcohol and employed prostitutes.
By year's end, no group had claimed responsibility for the 2000
bomb explosion at a school in Stone Town, Zanzibar that was used as a
polling office for the November 2000 re-run elections or for the
December 2001 bomb explosions in Zanzibar Town.
A general lack of trust in the police force and in the court system
resulted in a high incidence of mob justice during the year.
There was significant hostility and resentment against Burundian
refugees during the year and continuing concern regarding 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. Sexual and gender-based violence remained a problem in refugee
camps (see Sections 2.d. and 5). There also were credible reports that
some refugees engaged in vigilante justice within camps, occasionally
beating other refugees.
Prison conditions remained harsh and life threatening. In April the
Minister of Justice stated that the Government had failed to implement
the U.N. standard rules for treatment of prisoners, due to massive
overcrowding at prisons nationwide, which prevented the Government from
housing serious offenders separately. The prisons were designed to hold
21,000 persons, but the actual prison population was estimated at more
than twice that number. The Government expanded prisons, but its
efforts have not kept pace with the growing number of prisoners. The
Government did not release statistics on the prison expansion program
or on the extent of overcrowding during the year. Some prisoners were
paroled or received suspended sentences as a means of relieving
overcrowding.
Prisoners were subjected to poor living conditions, and the daily
amount of food allotted to prisoners was insufficient to meet their
nutritional needs. Convicted prisoners were not allowed to receive food
from outside sources and often were moved to different prisons without
notifying their families.
Prison dispensaries offered only limited treatment, and friends and
family members of prisoners generally had to provide medication or the
funds with which to purchase it. Serious diseases, such as dysentery,
malaria, and cholera, were common and resulted in numerous deaths.
There were reports that guards abused prisoners during the year.
Pretrial detainees were held with convicted prisoners but were allowed
to receive food from the outside.
On November 2, one man died in custody; post-mortem evidence
indicated that he died from a head injury.
On November 17, 17 prisoners suffocated to death in a jail cell in
Mbeya. The cell, which was built to hold 30 prisoners housed 112
prisoners when the deaths occurred. Another 17 prisoners received
medical treatment at a hospital. Five police officers, including the
Officer Commanding District (OCD), were arrested and charged with
murder; no trial date was set by year's end.
The Prisons Act requires prisoners to be separated based on age and
gender, and female prisoners were held separately from male prisoners
in practice. Women sent to remand prison reported that they were forced
to sleep naked and subjected to sexual abuse by wardens. Juveniles were
protected under both the Prisons Act and the Young Persons Ordinance
Act, which also requires separation according to age. However, there
were limited resources to provide for juveniles and only two juvenile
detention facilities existed in the country. As a result juveniles were
not always separated from adults in practice.
Local nongovernmental organizations (NGOs) were permitted to
monitor prison conditions; however, the Government did not grant
permission to international NGOs to monitor prison conditions. The ICRC
visited prisoners on Zanzibar and Pemba as well as combatants
imprisoned in the western part of the country, provided surgical
supplies, financial support, and trained to the region's medical
facilities, which treated war-wounded from Burundi and the Democratic
Republic of the Congo (DRC). The U.N. High Commissioner for Refugees
(UNHCR) monitored conditions in the small prison that held special
categories of refugees. The Government permitted UNHCR visits to
prisons holding refugees in Dar es Salaam.
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention were problems. The law requires that a person arrested for a
crime, other than a national security detainee under the Preventive
Detention Act, be charged before a magistrate within 24 hours; however,
in practice the police often failed to comply. In some cases, accused
persons were denied the right to contact a lawyer or talk with family
members.
The law restricts the right to bail and imposes strict conditions
on freedom of movement and association when bail is granted. Bail was
set on a discretionary basis by judges based on the merits of each
case; however, there was no bail in murder or armed robbery cases.
Bribes often determined whether bail was granted or whether a case
was judged as a civil or criminal matter. There were reports of
prisoners waiting several years for trial because they could not bribe
police and court officials. Because of backlogs, an average case took 2
to 3 years or longer to come to trial. Observers estimate that
approximately 5 percent of persons held in remand ultimately were
convicted, and often those convicted already had served their full
sentences before their trials were held. The authorities acknowledged
that some cases had 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 requires
that the Government release detainees within 15 days of detention or
inform them of the reason for their detention. A detainee also was
allowed to challenge the grounds for detention at 90-day intervals. The
Preventive Detention Act has not been used for many years nor was it
used during the year. The Court of Appeals ruled that the act cannot be
used to deny bail to persons not considered dangerous to society;
however, the Government still has not introduced corrective
legislation. The Government has additional broad detention powers under
the law, which permit regional and district commissioners to arrest and
detain for 48 hours persons who may ``disturb public tranquility.''
During the year, the May 2001 hunger strike by 12 inmates in Keko
was resolved when court officials met with the strikers. The inmates
had been imprisoned for as many as 10 years without trials. Their cases
reportedly continued to progress through the courts, and at least one
case was in the appeals process.
In October 2001, 18 CUF defendants accused of treason, who were
released in 2000 after spending more than 2 years in prison without
being convicted, introduced a civil suit against the Government seeking
compensation for time in prison. The case remained pending at year's
end.
The Government used arbitrary arrest on a few occasions. For
example, on August 4, opposition leader Christopher Mtikila of the
Democratic Party was arrested and charged with making seditious remarks
after alleging that President Mkapa was a national of Mozambique. These
statements prompted the Registrar of Political Parties to threaten to
deregister the Democratic Party if Mtikila was convicted of sedition.
There was no further information on the case by year's end.
During the year, persons were arrested following the forcible
dispersion of demonstrations (see Section 2.b.).
Police continued to make arbitrary arrests to extort money. For
example, on June 5, two police detectives were arrested after they
solicited and obtained $100 (100,000 shillings) from persons who they
accused of possessing stolen property.
There were reports that the police arrested and detained refugees
(see Section 2.d.).
In October 2001, all charges against persons arrested in connection
with the January 2001 demonstrations were dropped, and all detainees
were released as part of the October 10 reconciliation agreement
between the CCM and the CUF, which called for the release of all
persons in custody who were associated with the January 2001 events
(see Section 2.b.).
In 2001 police arrested Tanzania Labor Party (TLP) chairman
Augustine Mrerna and Lawyers' Environment Action Team (LEAT) President
Nshala Rugemeleza and charged them with seditious intent for LEAT's
role in investigating claims that miners were killed at Bulyanhulu in
1996; the case was still pending at year's end.
Unlike in previous years, police in Zanzibar did not detain,
arrest, or harass CUF members and suspected supporters.
There were reports that nongovernment militiamen detained persons.
In October local militiamen in Tarime town detained 20 suspected
criminals in a small room in a warehouse for more than 2 weeks without
delivering them to the police for legal action.
The Constitution does not permit the forced exile of its citizens,
and the Government did not use forced exile in practice.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary was corrupt, inefficient,
and subject to executive influence.
The higher courts increasingly demonstrated independence from the
Government. Senior police or government officials no longer pressured
or reassigned judges who made unpopular rulings. However, independent
observers continued to criticize the judiciary, especially at the lower
levels, as corrupt and inefficient and questioned the system's ability
to provide a defendant with an expeditious and fair trial. Clerks took
bribes to decide whether or not to open cases and to hide or misdirect
the files of those accused of crimes. Magistrates occasionally accepted
bribes to determine guilt or innocence, pass sentences, withdraw
charges, or decide appeals. In 2000 the Minister of Justice
acknowledged in public statements that problems within the judiciary
included unwarranted delays in the hearing of cases, falsified
recording of evidence in court records, bribery, improper use or
failure to use bail, and unethical behavior on the part of magistrates.
For example, on September 4, 12 persons detained for operating a ``sex
parlor'' were denied bail because police failed to transport the
detainees from the prison to the court in order to plead bail.
The Government made little progress in addressing judicial
corruption. Judicial ethics committees failed to offer recommendations
to improve the credibility and conduct of the judiciary. The Prevention
of Corruption Bureau (PCB) received 16 reports of judicial bribery
during the year. For example, on November 22, a Primary Court
magistrate was arrested after she received $50 (50,000 shillings) of a
$150 (150,000 shillings) bribe that she demanded from the accused in a
case about grazing rights. The magistrate previously had been
reprimanded on numerous occasions for soliciting bribes.
Of the magistrates and court clerks arrested in 2000 and 2001 for
corruption, three remained in prison at year's end. The others were
acquitted; however, they received administrative penalties, including
suspension from work, dismissal, and forced retirement.
The legal system was based on the British model, with modifications
to accommodate customary and Islamic law in civil cases. Christians
were governed by customary or statutory law in both civil and criminal
matters. Muslims could 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 Appeals. Advocates defended
clients in all courts, except in primary courts. There was no trial by
jury. In addition to judges, there were district (or resident)
magistrates. The law also provides for commercial courts, land
tribunals, housing tribunals, and military tribunals. However, military
tribunals have not been used in the country since its independence.
Military courts did not try civilians, and there were no security
courts. Defendants in civil and military courts could appeal decisions
to the High Court and Court of Appeal. In refugee camps, Burundian
mediation councils, comprised of male refugee elders, often handled
domestic abuse cases of Burundian refugees even though the law does not
allow these councils to hear criminal matters.
Zanzibar's court system generally parallels that of the mainland
but retained Islamic courts to adjudicate Muslim family cases such as
divorce, child custody, and inheritance. Islamic courts only
adjudicated cases involving Muslims. Cases concerning Zanzibar
constitutional issues were heard only in Zanzibar's courts. All other
cases could be appealed to the national Court of Appeal.
Criminal trials were open to the public and to the press; courts
were required to give reasons on record for holding secret proceedings.
In November Parliament passed the Prevention of Terrorism Act, which
excludes everyone except the interested parties from trials of
terrorist suspects and suppresses information to protect the identity
of witnesses in those trials. The law had not been implemented by
year's end. Criminal defendants had the right of appeal.
The law 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 were only a few
hundred practicing lawyers in the country, and most indigent defendants
charged with lesser crimes did not have legal counsel.
There was a separate facility for young offenders; however, the
court was underutilized and many juvenile offenders still were tried in
adult courts. Some cases continued to be sent through the traditional
court system where they were processed faster due to a less significant
backlog than in the regular civil court system.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution generally prohibits such actions
without a search warrant; however, the Government did not respect
consistently the prohibitions in practice. The Prevention of Terrorism
Act permits the police to conduct searches without a warrant in certain
urgent cases.
The law 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 monitored telephones and
correspondence of some citizens and foreign residents.
Unlike in the previous year, there were no reports that police
officers broke into homes and businesses in Zanzibar, or that police
officers in Pemba conducted house-to-house searches for opposition
supporters. There also were no reports that telephone communications
from Pemba were monitored or that connections were cut off during
telephone calls.
The CCM remained influential. While in the past CCM membership was
necessary for advancement in political and other areas, CCM membership
was voluntary.
Unlike in the previous year, there were no reports of police
officers threatening, mistreating, beating, or arresting relatives of
criminal suspects.
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. The law limits the media's ability to
function effectively. Government ministries and the Registrar of
Newspapers pressured journalists to practice self-censorship. The
Government allowed political opponents unrestricted access to the
media.
Citizens on both the mainland and in Zanzibar generally enjoyed the
right to discuss political alternatives freely; however, there were
instances in which freedom of speech was restricted severely. Political
parties were required by law to support the continuation of the Union.
Opposition political party members and others openly criticized 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 (see Section 1.d.).
The press on the mainland was outspoken and unrestricted. Even the
Government-owned newspaper regularly reported events that portrayed the
Government unfavorably. There were 10 daily newspapers and 22 other
newspapers in English and Kiswahili, along with another dozen
periodicals, some of which political parties, both the CCM and the CUF,
owned or influenced. There was no official censorship, but throughout
the year the Government continued to pressure newspapers to suppress or
change articles unfavorable to it. In 2001 two newspapers were forced
to close reportedly because of lewd content, and they remained closed
at year's end.
In Zanzibar the Government implemented a restrictive policy with
regard to print media. The Zanzibar News Act circumscribed journalists'
freedom of action by giving the authorities greater protection to
harass, detain, and interrogate journalists. Private mainland
newspapers were available widely in Zanzibar, and many residents could
receive mainland television.
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 did not censor news reports,
but it attempted to influence their content. In Zanzibar the Government
controlled radio and television. Some journalists, such as those in
Zanzibar, exercised self-censorship on sensitive problems. Journalists
who reported arrests could be charged with obstructing police activity
under the Police Act. The law authorizes the Government to prevent
television cameramen from filming the swearing-in of an opposition M.P.
The Media Council operated with limited effectiveness during the
year. The Council served as an adjudicating body when journalists
infringe upon the voluntary code of ethics and has the power to impose
fines. The Council resolved 12 cases during the year: In 6 cases, the
newspapers were ordered to print a public apology and a corrected
story; in 4 cases, they were fined; and in 2 cases, they were absolved.
There were 21 pending cases at year's end.
In 2000 the Government banned the book, ``The Mwembechai Killings
and the Political Future of Tanzania'' for being ``incendiary.''
The Government did not restrict academic freedom. Academics,
increasingly outspoken in their criticism of the Government, continued
their calls for reform during the year.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government limited this
right in practice. To hold rallies, political parties were required to
obtain police permission in advance. Police had the authority to deny
permission on public safety or security grounds or if the permit seeker
belonged to an unregistered organization or political party. The
authorities arrested citizens for assembling without the appropriate
permit.
Security officials interfered with citizens' rights to assemble
peacefully on a few occasions. On February 13, police intervened and
fired tear gas at a Muslim prayer meeting to commemorate the 1998
Mwembechai mosque riots. Security forces shot and killed one resident
who allegedly resisted arrest. A group of youths severely beat a police
officer, who later died from his injuries. The organizers claimed that
the event had been peaceful until the police intervened; the police
used tear gas to disperse demonstrators and prevent a clash between
rival Muslim groups. The Government subsequently convinced Muslim
groups to cancel a series of demonstrations planned for March 29 to
protest the February events. Following the violence, the police
arrested eight Muslims, including two leaders, charged them with
murder, and denied them bail. In August all charges were dropped, and
they were released from prison.
Opposition parties at times were unable to hold rallies. CUF
meetings were banned periodically. On October 25, the CHADEMA Member of
Parliament was arrested for holding a mass rally for which the police
had denied a permit. The police claimed they had banned the open-air
rally to prevent the spread of meningitis. Security officials
interfered with citizens' rights to assemble peacefully on a few
occasions.
During the year, Amnesty International (AI) and Human Rights Watch
(HRW) published reports detailing violations of peaceful assembly on
Zanzibar and Pemba in January 2001. The Government released its own
independent commission's report, which made recommendations to prevent
the recurrence of violence; however, no action was taken against
individual officers who were responsible for killings, torture, rape,
beatings, and looting during the forcible dispersal of the
demonstrations (see Section 1.a.).
The cases against 41 Muslims arrested during a demonstration in
August 2001 remained pending at year's end.
No action was taken against the police who used excessive force to
disperse the August 2001 Muslim demonstrations.
No action was taken against the police who used excessive force to
disperse the following rallies and demonstrations in Zanzibar in 2000:
The January use of tear gas to disperse riots that began when hundreds
of CUF supporters were not allowed to observe the trial of 18 CUF
supporters accused of treason; the October beatings and use of tear
gas, rubber bullets, and live ammunition against CUF opposition
activists in Zanzibar; and the October beatings and use of excessive
force against both demonstrators and bystanders during rallies and
demonstrations in the Darajani district of Stone Town in Zanzibar.
The Constitution provides for freedom of association; however, the
Government limited 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 parties. During the year, the Registrar deregistered two
political parties, the Tanzanian People's Party (TPP) and the Popular
National Party (PONA), for a lack of compliance with their respective
constitutions. The Democratic Party of Christopher Mtikila, which in
the past was not allowed to register due to a lack of representation on
Zanzibar, officially was registered, bringing the total to 14 political
parties.
Under the amended Constitution and various laws, citizens may not
form new political parties independently, but must comply with certain
requirements to register a new party with the Office of the Registrar.
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, to
secure full registration and to be eligible to field candidates for
election. Unregistered parties were prohibited from holding meetings,
recruiting members, or fielding candidates. In November 2001, two
political parties, Chama Cha Demokrasia Makini and CHAUSTA, obtained
registration.
Under the Societies Ordinance, the Ministry of Home Affairs must
approve any new association. There were 2,700 registered NGOs. During
the year, the Government continued a general suspension of registration
of religious NGOs on the grounds that many were being formed for the
purpose of evading taxes.
A number of professional, business, legal, and medical associations
addressed political topics.
Zanzibar has the same NGO registration policy as the mainland, and
NGOs conducted activities in Zanzibar during the year.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice, subject to measures that it claimed were necessary to ensure
public order and safety; however, there were some limits on freedom of
religion.
Government policy forbids discrimination against any individual on
the basis of religious beliefs or practices; however, individual
government officials allegedly favored persons who shared the same
religion in the conduct of business.
The Government required that religious organizations register with
the Registrar of Societies at the Home Affairs Ministry. To register,
religious organizations must have at least 10 followers and provide a
constitution, the resumes of their leaders, and a letter of
recommendation from their district commissioner. Groups no longer were
required to provide three letters of recommendation from the leaders of
registered Christian churches or from registered mosques; however, some
Muslim groups claimed that they still were required to submit a letter
of recommendation from BAKWATA, the National Muslim Council of
Tanzania. There were no reports during the year that the Government
refused the registration of any group.
The Government banned religious organizations from involvement in
politics, and banned politicians from using language designed to incite
one religious group against another or to encourage religious groups to
vote for certain political parties. The law imposes fines and jail time
on political parties that campaign in houses of worship or educational
facilities.
In October 2001, the Zanzibar government passed a bill to establish
an Islamic leader (mufti) office on the island, similar to that which
exists on the mainland. Government officials claimed that a mufti
office was needed to coordinate Islamic activities and improve
religious understanding; however, several Muslim organizations
criticized the proposal as an effort by the union government to
institutionalize government oversight of Islamic organizations.
The law prohibits preaching or distribution of materials that are
considered inflammatory and represent a threat to the public order. In
2000 the Government banned as inflammatory the publication and
distribution of a book by a Muslim academic. Unlike in the previous
year, urban Muslims did not distribute videotapes of the Mwembechai
riots to document perceived human rights abuses; the Government
outlawed these videotapes for being incendiary.
The Muslim community claimed to be disadvantaged in terms of its
representation in the civil service, government, and parastatal
institutions, in part because both colonial and early post-independence
administrations refused to recognize the credentials of traditional
Muslim schools. As a result, there was broad Muslim resentment of
certain advantages that Christians were perceived to enjoy in
employment and educational opportunities. Muslim leaders complained
that the number of Muslim students invited to enroll in government-run
schools still was not equal to the number of Christian students. In
turn Christians criticized what they perceived as lingering effects of
undue favoritism toward Muslims in appointments, jobs, and scholarships
by former President Ali Hassan Mwinyi, a Muslim. Christian leaders
agreed that the Muslim student population in institutions of higher
learning was disproportionately low; however, they blamed this
condition on historical circumstances rather than discrimination.
The Government failed to respond to growing tensions between the
Muslim and Christian communities. The Government recognized that a
problem existed, but it did not take action. Senior Muslim officials in
the Government appeared unwilling to address the problem beyond general
criticism of those who fomented religious conflict.
During the year, police forcibly disrupted a Muslim prayer meeting
(see Section 2.b.).
Unlike in the previous year, there were no reports of violence or
harassment on Pemba.
In December 2001, police in Zanzibar arrested more than 20 leaders
of the Answar Sunna sect for conducting Eid el Fitr prayers on a day
other than that designated by the Government of Zanzibar. No further
information was available at year's end.
Generally there were stable relations between the various religious
communities; however, there was some tension between Muslims and
Christians, and some tension between moderate and fundamentalist
Muslims. It was estimated that the mainland was 60 percent Christian
and 40 percent Muslim, while Zanzibar was 97 percent Muslim. Some urban
Muslim groups claimed there was discrimination in government hiring and
law enforcement practices. Rural Muslim groups did not appear to share
urban Muslims' concerns to the same extent.
Some observers reported signs of increasing tension between secular
and fundamentalist Muslims, as the latter felt that the former had
joined with the Government for monetary and other benefits. The
fundamentalist Muslims accused the Government of being a Christian
institution, and Muslims in power as being interested only in
safeguarding their positions. Fundamentalist Muslims severely
criticized secular Muslims who drank alcohol or married Christian
women. Muslim fundamentalists attempted, unsuccessfully, to introduce
Muslim traditional dress into the national school system.
Fundamentalist groups also exhorted their followers to vote only for
Muslim candidates.
In January radical Muslims detonated a petrol bomb in a hotel/
guesthouse in Zanzibar, where alcohol and prostitutes were available.
For a more detailed discussion, see the 2002 International
Religious Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights, and the Government generally respected them; however,
bureaucratic inefficiency and corruption delayed implementation in
practice. Passports for foreign travel at times were difficult to
obtain, mostly due to bureaucratic inefficiency and officials' demands
for bribes. Citizens could return to the country without difficulty.
Unlike in the previous year, no curfews were imposed during the
year.
During the year, there were no reports of roadblocks in Pemba.
Mainlanders were required to show identification to travel to
Zanzibar, although the requirement largely was ignored in practice.
Zanzibaris needed no special identification to travel to the mainland.
Mainlanders were not allowed to own land in the islands, except in
partnership with foreign investors. There was no prohibition against
mainlanders working in the islands; however, in practice few
mainlanders were hired.
In February 2001, the Government declared that four government and
party officials were noncitizens and therefore no longer could retain
their positions. Those persons designated by the Government as
noncitizens included a well-known journalist, the High Commissioner to
Nigeria, a regional CCM chairman, and the Zanzibar CCM publicity
secretary. The four were instructed to apply for resident permits.
During the year, the Government restored the citizenship in three of
the four cases, but the case of the journalist was still pending at
year's end.
Following the outbreak of violence in Pemba in January 2001,
several hundred refugees fled to Kenya. In May 2001, refugees began to
return to Pemba, and most of the refugees had returned to the country
by year's end.
In July 2001, following violent clashes that broke out in Tarime
District in the northwest between members of the Walyanchoka and
Waanchari clans, numerous persons fled across the border into Kenya
(see Section 5). Most of those who fled had returned by year's end.
The law includes provisions for the granting of refugee and asylum
status in accordance with the provisions of the 1951 U.N. Convention
Relating to the Status of Refugees and its 1967 Protocol, and these
provisions generally were respected in practice with a few exceptions.
The Government generally cooperated with the UNHCR; however, relations
were strained following the pressuring of Burundian and Rwandan
refugees to repatriate. The Government maintained an open border policy
both with regard to neighboring countries' refugees and to persons
seeking political asylum. The UNHCR estimated that there were
approximately 987,000 refugees in the country during the year. The
country continued to provide first asylum to refugees, particularly
those fleeing conflict in the region. During the year, the country
hosted 517,000 refugees living in 12 UNHCR assisted camps in the
northwest, as well as 470,000 ``old caseload'' Burundian refugees who
have lived in the country since the 1970s and largely have integrated
into local communities. Of the 517,000 refugees living in UNHCR camps,
approximately 70 percent were Burundian. The country also hosted
139,000 Congolese, 15,000 Rwandans, and 3,000 Somalis in the camps.
Refugees continued to arrive in the country during the year, most of
them fleeing instability and conflict in Burundi and the DRC. A smaller
number returned to their homes, mostly in Rwanda and some parts of
Burundi.
Unlike in previous years, there were no reports that local
authorities forcibly expelled refugees; however, following the
establishment of Burundi's transitional government in November 2001,
the Government promoted the ``facilitated return'' of Burundian
refugees. Between March and August, approximately 20,000 Burundians
voluntarily repatriated, and 80,000 more registered to return. UNHCR
officials stated during the year that they did not believe conditions
in Burundi were conducive for safe and sustainable return, and some
returnees expressed fears that the Government would force them out of
the country if they did not leave voluntarily. Many Burundian refugees
reportedly repatriated under the perceived threat of refoulement or
diminished food supplies. However, the UNHCR, with strong encouragement
from the Government, continued to facilitate limited returns to
designated areas in Burundi that were considered secure. From April to
July, more than 220 Burundian children were imprisoned at Mwisa
separation facility in violation of agreed procedures for detaining
refugees.
In October the Minister of Home Affairs announced plans for the
remaining Rwandan refugees in the country to return home by year's end.
On November 28, the Minister of Home Affairs said that the Government
would revoke refugee status to all Rwandans who remained in the country
at year's end. The Government of Rwanda agreed to receive the refugees.
The Government joined with UNHCR and the Rwandan government to issue a
communique describing plans to intensify UNHCR's voluntary repatriation
program.
Antirefugee sentiment among local citizens was high due to the
provision of goods and services for refugees that were not available to
the local population; however, the UNHCR, NGOs, and international
organizations made many of these services available to the local
population to alleviate some tension.
There were 12 refugee camps in the country. It was illegal for
refugees to live outside of the camps or settlements or to travel
outside a 2.5-mile radius of their respective camps without permission.
However, refugees in the Kasulu region often had to travel more than 5
miles to collect firewood because local supplies were inadequate; these
refugees, usually women and children, were subject to theft, physical
abuse, or rape. Food and water shortages and outbreaks of disease
(including meningitis) plagued refugee camps in the west during the
year. The authorities restricted employment opportunities outside the
camps. There were reports that some refugees engaged in vigilante
justice within camps, occasionally beating other refugees.
Sexual and gender-based violence continued to be a problem in the
refugee camps. The Government did not adequately investigate,
prosecute, or punish perpetrators of abuses in refugee camps. There was
no mechanism within refugee camps to punish abusers, and most cases
were not referred to local authorities. Police officials lacked special
training in the area of domestic abuse, and local and traditional
courts, which both handled domestic violence cases, lacked necessary
resources (see Section 5). Among Burundian refugees, mediation councils
comprised of male refugee elders often handled domestic abuse cases
(see Section 1.e.).
There was continuing concern over violence allegedly perpetrated by
some armed refugees. Local officials reported incidents of killings,
banditry, armed robbery, and violent crime perpetrated by refugees in
the areas surrounding refugee camps. There were several reports that
Burundian rebels conducted training and recruitment in the camps;
however, unlike in the previous year, there were no reports that
Burundian rebels abducted children from refugee camps.
The UNHCR conducted an investigation into a report that 24
Burundian refugees were burned alive, but it found no evidence to
substantiate the allegation.
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; however, this right was circumscribed severely
in 2000. The Government engaged in a dialog with the opposition
throughout 2001 and during the year to ensure a more open and
transparent process for the next elections. The Government of Zanzibar
announced that it would schedule by-elections for March 2003, to fill
the parliamentary seats declared vacant as a result of disputes
originating in the 2000 elections. In preparation for those by-
elections, the Government worked during the year to reform the Zanzibar
Electoral Commission (ZEC) as required by the October 2001
reconciliation agreement.
In October 2000, the country held its second multiparty elections
on the mainland and Zanzibar. On the mainland, international observers
concluded that the elections were free and fair and conducted
peacefully; however, in Zanzibar four separate international observer
teams concluded that the vote was marred by irregularities, voter
intimidation, and politically motivated violence. The incumbent
President of the mainland, Benjamin Mkapa, was reelected with 71
percent of the vote. Thirteen parties participated in the election; six
won seats in Parliament. The ruling CCM party increased its majority in
Parliament, winning 167 out of 181 seats. Opposition candidates gained
11 seats in 6 of the 19 mainland regions for a total of 14 seats on the
mainland; the CUF won 16 seats in Zanzibar. The CUF refused to
recognize the election results in Zanzibar, demanded new elections, and
boycotted the union and Zanzibar elections. In April 2001, the National
Assembly passed a law that allows by-elections to fill seats that
remain vacant for 2 years, and the Speaker announced that the 15
boycotted CUF seats from Pemba were vacant.
During the year, the Government arrested an opposition member for
sedition (see Section 1.d.).
In 2000 local authorities in Mwanza forced persons attempting to
register to vote to provide documentary proof that they had paid local
government taxes before they allowed them to register, even though
there was no legal requirement for voters to prove payment of taxes to
register. In Zanzibar there were credible reports of irregularities
during the voter registration process conducted in preparation for the
2000 elections.
Voting irregularities during the 2000 elections included the late
arrival and absence of ballots and the late opening of polling
stations. Four groups of international election observers criticized
the Zanzibar vote and called for a re-run election in all of the
Zanzibar constituencies; however, new elections were held in only 16 of
the 50 constituencies in November 2000.
Voter turnout for the November 2000 elections was low. The
opposition boycotted the re-run election, claiming that the elections
already had been compromised. After the re-run, the ruling party
announced that it had won all of the constituencies in Zanzibar and
four constituencies in Pemba (where they previously did not hold any
seats). The final results of the re-run election gave the ruling CCM
party 34 seats in the 50-seat House of Representatives and 35 seats in
the 50-seat National Assembly. CCM candidate Amani Karume was declared
the new Zanzibari President.
Government security forces and CCM gangs increased harassment and
intimidation of CUF members on the Zanzibar islands of Pemba and Ugunja
in the 3 months before the 2000 elections. Security forces forcibly
dispersed gatherings and intimidated, harassed, arrested, and beat
persons (see Section 1.c.). During the re-run elections, police beat
and reportedly tortured opposition officials.
Following the January 2001 demonstrations in Zanzibar and the
ensuing violence, domestic political pressure and international donor
pressure encouraged the CCM and CUF to engage in a dialog on the future
of electoral politics in Zanzibar. The dialog concluded with a
reconciliation agreement signed in October 2001. The CCM and CUF agreed
to implement fully an earlier accord that the Commonwealth had brokered
in 1999 to resolve conflicts stemming from the 1995 elections on
Zanzibar. Provisions of the 1999 accord that never fully were
implemented were incorporated into the 2001 agreement, which included
provisions to: Appoint an independent and impartial ZEC and judiciary;
create a Joint Presidential Supervisory Commission, comprised of 5
members from each party, to implement the accord; eliminate
discrimination in government hiring; and eventually organize by-
elections for 16 parliamentary seats; appoint an independent commission
to investigate the extent and cause of the January 2001 violence, with
all pending police charges against demonstrators dropped and
humanitarian assistance provided to families of the victims; and allow
for the safe return of all remaining Pemban refugees in Kenya, with
immunity from prosecution for any crimes that may have been committed
during the January 2001 violence. Several of the provisions were
implemented, including the return of all refugees in Kenya and the
dropping of police charges against demonstrators.
There were no legal restrictions on the participation of women in
politics and government. Women occupied 60 seats in Parliament: 12
female M.P.'s were elected members of the CCM; 47 female M.P.'s occupy
``Special Women'' seats, which were appointed by political parties
based on the elected percentages of the constituent seats; and 1 M.P.
was nominated by President Mkapa. Women occupied seven seats in the
Zanzibar House of Representatives. The 13th Amendment to the union
Constitution, ratified in February 2001, requires that women occupy 20
percent of seats in Parliament. Four of the Cabinet's 27 ministers were
women.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic human rights groups generally operated without
government interference, investigating and publishing their findings on
human rights cases. The Government generally was responsive to their
views. In August the Legal and Human Rights Center, a local NGO, held
its second annual general meeting, which was attended by a number of
prominent domestic human rights activists as well as representatives of
grassroots organizations. However, corruption at the grassroots level
hampered NGO access and efforts to monitor violations of human rights.
In the past, the Government delayed by 6 months to 1 year the
registration of NGOs, including human rights groups. The Government
continued to refuse registration of the African Human Rights and
Justice Protection Network on the grounds that it was politically
oriented. In November Parliament passed the NGO Act, which requires the
registration of all NGOs, including human rights NGOs. It also requires
all currently registered NGOs to reregister and makes failure to
register a legal offense. However, the NGO Act had not been implemented
by year's end.
In 2001 the Government appealed a High Court decision ordering the
reinstatement of the National Women's Council, an NGO that the
Government had deregistered in 1997; the Court had not heard the case
by year's end, and the National Women's Council continued to operate
throughout the year.
Representatives from HRW and AI visited in 2001 and during the year
to conduct followup investigations on the January 2001 violence (see
Section 2.b.). In its report, issued in January, AI welcomed the
formation of the independent commission of inquiry that the Government
established after the October 2001 reconciliation agreement. In April
HRW released a report on the January 2001 violence, also based on
investigations that were carried out in 2001. HRW concluded that
``security forces committed gross abuses, killing at least 35 people
and wounding more than 600 others, when they ruthlessly suppressed
opposition demonstrations in Zanzibar.''
The ICRC was accredited as a legal entity in December 2001.
In 2001 after more than 2 years of debate and intense pressure from
AI and other NGOs, the Government passed a law to establish the
Commission for Human Rights and Good Governance. On March 15, the
Commission's seven commissioners officially assumed their duties in a
ceremony attended by President Mkapa. The Commission has the power to
investigate human rights abuses on its own initiative upon receipt of a
complaint or allegation; however, it does not have jurisdiction over
any matter that is pending before a court or other tribunal or any
dispute that involves relations between the Government and a foreign
state or international organization. Critics of the Commission's
mandate and structure criticized the organization's lack of
independence from the Government, arguing that it would render the
entity ineffective. Critics specifically pointed to the selection
process to choose commissioners, in which five commissioners are
appointed by the President based on the recommendation of a government
selection committee. During the year, the Commission received 2,765 new
complaints in addition to the 1,000 complaints filed prior to its
inception. The Commission had investigated 517 complaints by year's
end.
Section 5. Discrimination Based on Race, Sex, 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 was not prohibited
specifically by law but was discouraged publicly in official
statements. Discrimination against women and ethnic minorities
persisted. Ethnic tensions in society continued. In 2001 Parliament
created the Tanzania Parliamentarians AIDS Coalition (TAPAC) to address
discrimination against persons infected with HIV/AIDS in the country.
Women.--Domestic violence against women remained widespread. Legal
remedies exist in the form of assault provisions under the Criminal
Code; however, in practice these provisions were difficult to enforce.
The Marriage Act includes a declaration against spousal battery, but
does not prohibit it nor provide for any punishment. Traditional
customs that subordinate women remained 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 occurred at
all levels of society. Cultural, family, and social pressures prevented
many women from reporting abuses to the authorities. The Tanzania Media
Women's Association (TAMWA), a local NGO, reported that as many as 6
out of 10 women were beaten by their husbands. According to TAMWA,
between October 2000 and September 2001, there were a total of 346
cases of domestic violence reported at the TAMWA crisis center. No
updated statistics were available at year's end. Government officials
frequently made public statements criticizing such abuses, but action
rarely was taken against perpetrators. Police often had biases against
pursuing domestic abuse cases and demanded bribes to investigate
allegations.
The law provides for life imprisonment for persons convicted of
rape and child molestation. Several persons were prosecuted and
convicted for rape and battery under this law during the year. There
were reports that members of the police raped women in Zanzibar and
Pemba in the period following the 2000 elections and following the
January 2001 demonstrations. Sexual and gender-based violence continued
to be a problem in the refugee camps (see Section 2.d.). In 2001
Norwegian People's Aid (NPA) reported 76 rape cases committed by both
citizens and refugees; however, in only 5 cases were the perpetrators
jailed and sentenced.
Although the Government officially discouraged FGM, it still was
performed at an early age by approximately 20 of the country's 130 main
ethnic groups.
On July 16, a 10-year-old girl died following an FGM procedure in
Singida; police arrested three women who were responsible. The women
were prosecuted; however, the outcome still was pending at year's end.
On October 18, there was a report that a young girl died following
an FGM procedure in Dodoma.
According to a 1996 health survey conducted by the Bureau of
Statistics (the most recent study), FGM affected 18 percent of the
female population. There were no updated statistics available by year's
end. In some ethnic groups, FGM was compulsory, and in others, a woman
who had not undergone the ritual may not be able to marry. Government
data showed this to be a problem that varied 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
was almost nonexistent in the rest of the country.
There was no law that specifically prohibited FGM. The country's
educational curriculum did not include instruction on FGM, although the
problem was covered occasionally in secondary schools. Government
officials called for changes in practices that adversely affected
women, and the Sexual Offenses Special Provisions Act, which prohibits
cruelty against children, was used as the basis for campaigns against
FGM performed on girls; however, there was no legal protection for
adult women. In addition, police did not have adequate resources to
protect victims. Some local government officials began to combat the
practice. They convicted and imprisoned some persons who performed FGM
on young girls, and there were prosecutions during the year. Seminars
sponsored by various governmental organizations and NGOs were held
regularly in an attempt to educate the public on the dangers of FGM and
other traditional practices. These practices included the tradition of
inherited wives, which critics contended contributed to the spread of
HIV/AIDS, and child marriages, which are sanctioned with parental
consent under the law for girls 12 years of age or older. Local
authorities and NGOs believed that the incidence of FGM had declined;
however, no new study of the practice had been made since 1996, when
the Government reported an increasing trend. The Ministry of Health
continued an educational campaign on FGM as part of its Safe Motherhood
Initiative. The enforcement of policies to stop FGM remained difficult
because some regional government officials were in favor of the
practice or feared speaking out against it because of the power of
traditional leaders.
Sex tourism, particularly in Zanzibar, remained a problem (see
Section 6.f.).
In 2000 Parliament amended the Constitution to prohibit sexual
harassment against women in the workplace by a person in authority. In
2000 several persons were arrested under the new law. Male colleagues
sometimes harassed women seeking higher education, and the authorities
largely ignored the practice.
Although the Government advocated equal rights for women in the
workplace, it did not ensure these rights in practice. In the public
sector, which employed 80 percent of the salaried labor force, certain
statutes restricted 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., although this restriction usually was ignored in practice (see
Section 6.e.). While progress on women's rights was more noticeable in
urban areas, strong traditional norms still divided labor along gender
lines and placed women in a subordinate position. Discrimination
against women was most acute in rural areas, where women were relegated
to farming and raising children and had almost no opportunity for wage
employment. Custom and tradition often hindered women from owning
property and could override laws that provide for equal treatment.
The overall situation for women was less favorable in Zanzibar.
Although women generally were not discouraged from seeking employment
outside the home, women there and on many parts of the mainland faced
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 law provide for certain
inheritance and property rights for women, the application of
customary, Islamic, or statutory law depended on the lifestyle and
stated intentions of the male head of household. The courts have upheld
discriminatory inheritance claims, primarily in rural areas. Under
Zanzibari law, unmarried women under the age of 21 who become pregnant
were subject to 2 years' imprisonment.
Several NGOs provided counseling and education programs on women's
rights problems, particularly sexual harassment, sexual and gender-
based violence, and molestation.
Children.--The law provides for 7 years of compulsory education
through the age of 15; however, education was not free on the mainland
or in Zanzibar. Fees were charged for books, enrollment, and uniforms,
with the result that some children were denied an education. In 2001
Parliament voted to provide free primary school education for all
children under the age of 12. The legislation went into effect in
January; however, there were inadequate numbers of schools, teachers,
books, and other educational materials to meet the demand. In some
cases, children were unable to attend school because poorly paid
teachers demanded money to enroll them. The primary school dropout rate
was between 30 and 40 percent. The literacy rate was approximately 70
percent; for girls it was 57 percent compared with 80 percent for boys.
There were overall increases in the rate of girls' participation in
school since 1990; however, the rate of girls' enrollment in school was
lower than that of boys and generally declined with each additional
year of schooling. In some districts, the attendance of girls continued
to decline as the result of the need to care for younger siblings,
household work, and early marriage, often at the behest of parents.
Despite a law to permit pregnant girls to continue their education
following maternity absences, the practice of forcing pregnant girls
out of school continued.
Government funding of programs for children's welfare remained low.
The Government made some constructive efforts to address children's
welfare, including working closely with UNICEF and other international
and local organizations to improve the well-being of orphans and
neglected children. A WHO program for children under 1 year of age
reportedly decreased the number of severe cases of malaria in the
country, and the Government cooperated with the WHO in administering
this program.
FGM was performed on girls, primarily in the central region (see
Section 5, Women).
The law criminalizes child prostitution and child pornography. The
minimum age for protection from sexual exploitation is 18 years. Under
the law, sexual intercourse with a child under 18 years is considered
rape regardless of consent; however, the law was not effective in
practice because it is customary for girls as young as 14 years of age
to be considered adults for the purposes of sexual intercourse and
marriage. There were reports of child prostitution and other forms of
trafficking in children (see Section 6.f.).
Unlike in the previous year, there were no reports that Burundian
rebels abducted children from refugee camps in the country.
Persons with Disabilities.--Although there was no official
discrimination against persons with disabilities, in practice persons
with physical disabilities effectively were restricted in their access
to education, employment, and other state services due to physical
barriers. The Government did not mandate access to public buildings,
transportation, or government services for persons with disabilities
and provided only limited funding for special facilities and programs.
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 seek compensation for past
government discrimination seeking to make them adopt a more modern
lifestyle and to restrict their access to pastoral lands that were
turned into large government wheat farms. By year's end, there was no
further information on the 1994 Barabaig class action suit against the
Government and its appeals in 2001.
The Asian population, which was viewed unfavorably by many African
citizens, declined by 50 percent in the past decade to approximately
50,000 persons. There were no laws or official policies that
discriminated against Asians; however, as the Government placed great
emphasis on market-oriented policies and privatization, public concern
regarding the Asian minority's economic role increased. This led to
demands by small, populist opposition parties for policies of
``indigenization'' to ensure that privatization did 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 Trade
Union Ordinance provide for freedom of association for workers, and the
Government respected this right in practice. Worker rights were handled
separately by the Union and Zanzibar governments. The Union government
enforced labor laws for the mainland and the Zanzibar government
enforced legislation specific to Zanzibar and Pemba islands. The labor
law that applies to the mainland applies to both public and private
sector workers, but restricts the right of association for those
workers broadly defined as ``essential.'' The labor law in Zanzibar
applies only to private sector workers.
Only approximately 5 to 7 percent of the country's 2 million wage
earners were organized. Registered trade unions nominally represented
50 percent of workers in industry and government. According to the ILO,
the number of workers who were unionized declined because workers no
longer believed that unions could be agents for change. Union
membership continued to decline during the year primarily due to the
growth in the informal sector and the general feeling that unions
remained ineffective. Seeking to bolster unions' effectiveness, the
Trade Union Congress of Tanzania was established in 2000. All workers,
including those classified broadly as essential service workers, were
permitted to join unions, but essential workers were not permitted to
strike.
The Trade Union Act permits workers to form unions voluntarily
without requiring membership in an umbrella organization. There were a
total of 12 unions operating in the country by year's end, including
the teacher's union, which was the largest and most active union, as
well as health workers' unions, and other job-specific groups.
The Registrar of Trade Unions has the power to interfere with union
activities. The law permits the imposition of large fines,
imprisonment, or both for failing to register a trade union. The
Registrar also was permitted to deregister the smaller of two trade
unions when more than one exists in an industry and to order the
smaller union to rescind memberships. The Registrar can suspend a trade
union for contravening the law or the union's own rules, suspend a
union for 6 months on grounds of public order or security, and
invalidate the union's international trade union affiliation if certain
internal union procedures are not followed. The Registrar did not use
these powers during the year.
The Security of Employment Act prohibits discriminatory activities
by an employer against union members. Employers found guilty of
antiunion activities were required under the law to reinstate workers.
The Warioba Commission, in its White Paper Report, found that bribes
often determined whether a worker dismissed from his job actually was
reinstated. The labor law in Zanzibar does not protect trade union
members from antiunion discrimination.
Unions were permitted to affiliate with international bodies. The
local transport union was affiliated with the International Federation
of Transport Unions, and the teacher's union was affiliated with
Educators International.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining was protected by law but did 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 reduced such employees to
approximately 5 percent of the work force.
Unions directly negotiated with the Association of Tanzanian
Employers on behalf of private sector members. Collective agreements
must be submitted to the Industrial Court for approval and may be
refused registration if they do not conform with the Government's
economic policy. The ILO observed that these provisions were not in
conformity with ILO Convention 98 on Collective Bargaining and the
Right to Organize. By year's end, 11 of the 12 unions had collective
bargaining agreements.
There were no laws prohibiting retribution against legal strikers;
however, workers had the legal right to strike only after complicated
and protracted mediation and conciliation procedures leading ultimately
to the Industrial Court, which received direction from the Ministry of
Labor and Youth Development. If a union was not satisfied with the
decision of the Industrial Court, it then could conduct a legal strike.
The mediation and conciliation procedures can prolong a dispute for
months without resolving it. Frustrated workers staged illegal wildcat
strikes and walkouts pending a resolution of their cases in the
Industrial Court. The regional ILO office continued to call upon the
Government to ratify the other core conventions. In October 2001, the
Government created a task force for labor reform that underwent
training in ILO standards and regional trends. In July the task force
began gathering input from stakeholders and the public. A final report
was scheduled for release in January 2003.
During the year, Parliament passed the Export Processing Zone (EPZ)
Act to establish EPZs on the mainland; three EPZ's already were
established in Zanzibar. Working conditions were comparable to those in
other areas. Labor law protections applied to EPZ workers.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, there
were reports that such practices occurred. In some rural areas,
villagers still were obligated to work in the village community gardens
or on small construction projects such as repairing roads.
There continued to be reports that forced and bonded labor by
children occurred. The ILO and UNICEF reported that children who left
home to work as domestic laborers in other towns or villages often were
subjected to commercial sexual exploitation. Children worked in mines,
commercial agriculture, or as domestic laborers, child soldiers, or
prostitutes (see Sections 5 and 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government prohibits children under the age of 14 from
working in the formal wage sector in both urban and rural areas, and
the Government enforced this prohibition; however, the provision did
not apply to children working on family farms or herding domestic
livestock. Child labor continued to be a problem. The ILO estimated
that 3.4 million out of 12.1 million children in the country under the
age of 18 worked on a regular basis, and that 1 of every 3 children in
rural areas was economically active, as compared to 1 in 10 in urban
areas. The minimum age for work of a contractual nature in approved
occupations is set at 15 years. 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.
The law prohibits young persons 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 was responsible for enforcement; however, the number
of inspectors was inadequate to monitor conditions. The effectiveness
of government enforcement reportedly declined further with increased
privatization.
Approximately 3,000 to 5,000 children engaged in seasonal
employment on sisal, tea, tobacco, and coffee plantations. Children
working on plantations generally received lower wages than their adult
counterparts, even if in comparable jobs. Work on sisal and tobacco
plantations was particularly hazardous to children. Between 1,500 and
3,000 children worked in unregulated gemstone mines. Small children,
so-called snake boys, worked in dangerous tanzanite mines where deaths
were known to occur. The Mererani Good Hope Program for Youth, a member
of the ILO's International Program to Eliminate Child Labor (IPEC),
reported 12 deaths of snake boys under the age of 16 during the year.
Girls often were employed as domestic servants, mostly in urban
households and sometimes under abusive and exploitative conditions. In
the informal sector, children assisted their parents in unregulated
piecework manufacturing. Children were engaged in labor in the areas of
mining, domestic service, fishing, commercial agriculture, and
prostitution.
Several government ministries, including the Ministry of Labor and
Youth Development, the Bureau of Statistics, and the Department of
Information Services, have special child labor units. The Government
worked with NGOs to establish a specific prohibition against child
labor. The Government worked with the ILO's IPEC plan of action to
address the problem of child labor, and during the year implemented a
program for the elimination of child labor. The Government also worked
with the ILO to make significant progress toward launching the ``Time
Bound Program to Eliminate the Worst Forms of Child Labor.'' The
Government began the program in September, as one of three pilot
projects worldwide to collaborate with the ILO in this effort.
The Constitution does not specifically prohibit forced or bonded
child labor, and there continued to be reports that it occurred (see
Section 6.c.).
e. Acceptable Conditions of Work.--The a legal minimum wage for
employment in the formal sector ws raised in July from approximately
$33 (30,000 shillings) per month to $53 (48,000 shillings) per month.
Even when supplemented with various benefits such as housing, transport
allowances, and food subsidies, the minimum rate was not always
sufficient to provide a decent standard of living for a worker and
family, and workers had to 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, were paid less.
There was no standard legal work week; however, a 5-day, 40-hour
work week was in effect for government workers. Most private employers
retained a 6-day, 44- to 48-hour work week. In general women could not
be employed between 10 p.m. and 6 a.m. Several laws regulate safety in
the workplace. The Ministry of Labor and Social Welfare and Youth
Development managed an Occupational Health and Safety Factory
Inspection System, which was set up with the assistance of the ILO;
however, its effectiveness was limited. Labor standards were not
enforced in the informal sector.
The Employment Services Promotion Act provides for a facility to
promote job creation through self-employment opportunities, allows the
Government to collect reliable data and information on vacancies for
the unemployed, and facilitates employment with other agencies and
private sector. The facility, the Labor Exchange Center, opened in
August 2001 to match the skills, experience, education, and other
qualifications of job seekers in Dar es Salaam with job qualification
requirements of employers.
Union officials claimed that enforcement of labor standards was
effective in the formal sector; however, no verification studies were
performed. A large percentage of the workforce was employed in the
informal sector, which was unregulated by labor standards.
Workers could sue an employer through their union if their working
conditions did not comply with the Ministry of Labor's health and
environmental standards. Workers who lodged and won such complaints did
not face retribution; however, workers did 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 continued to be reports that children were trafficked away
from their families to work in mines, commercial agriculture, and as
domestic laborers (see Section 5). The Sexual Offenses Special
Provision Act of 1998 prohibits trafficking of persons for sexual
purposes. It sets punishment for procurating at 10 to 20 years of
imprisonment, or a fine of $100 (100,000 shillings) to $300 (300,000
shillings). The ILO and UNICEF reported that children who left home to
work as domestic laborers (``housegirls'') in other towns or villages
often were subjected to commercial sexual exploitation. Some girls were
trafficked to Zanzibar from different parts of the mainland and Mombasa
to work as prostitutes for Zanzibaris and in the tourist industry.
Unlike in the previous year, there were no reports that rebels
abducted children from refugee camps.
The Government participated in the ILO's ``Time Bound Program to
Eliminate the Worst Forms of Child Labor'' to help end child
prostitution.
__________
TOGO
Togo is a republic dominated by President Gnassingbe Eyadema, who
came to power in 1967 following a military coup. Eyadema and his Rally
of the Togolese People party (RPT), strongly backed by the armed
forces, have continued to dominate political power and maintained firm
control over all levels of the country's highly centralized government.
Despite the Government's professed intention to move from authoritarian
rule to democracy, institutions established to accomplish this
transition did not do so in practice. Procedural problems and
significant fraud, particularly in the misrepresentation of voter
turnout, marred the 1998 presidential elections. In February the
Government made unilateral changes to the electoral code and in May
replaced the national independent electoral commission (CENI) with a
committee of seven magistrates to manage the legislative elections. In
response to these changes, the traditional opposition boycotted the
legislative races, held October 27. The RPT won 72 of 81 seats in the
National Assembly; the remaining nine seats, eight went to newly formed
opposition parties and one to an independent candidate. On December 30,
the newly elected National Assembly modified the 1992 Constitution,
which limited the president to two terms to allow President Eyadema to
run again. These 34 constitutional changes also helped to consolidate
presidential power. Eyadema and his supporters maintained firm control
over all facets and levels of the country's highly centralized
government. The executive branch continued to influence the judiciary.
The security forces consisted of the army (including the elite
Presidential guard), navy, air force, the Surete Nationale (including
the national police), and the Gendarmerie. The police and Gendarmerie
performed domestic intelligence functions. Approximately 90 percent of
the army's officers and 70 percent of its soldiers were from the Kabye
ethnic minority. Although the Minister of the Interior nominally was in
charge of the national police and the Defense Minister had nominal
authority over most other security forces, President Eyadema
effectively controlled all security forces. Members of the security
forces effectively curtailed civil liberties of regime opponents,
especially in the northern part of the country. Members of the security
forces committed serious human rights abuses.
Approximately 80 percent of the country's estimated population of 5
million was engaged in subsistence agriculture, but there also was an
active commercial sector. Economic growth continued to lag behind
population growth. The Government privatized several companies during
the year. Anti-corruption efforts continued, but the Government's
budgetary and fiscal discipline eroded. International and bilateral
donors continued to suspend foreign aid because of the Government's
weak democratization efforts and poor human rights record, as well as
repayment arrears.
The Government's human rights record remained poor, and it
continued to commit numerous abuses. Citizens' right to change their
government was restricted. As in the past, human rights abuses
increased as the country neared elections; however, because of the
mainline opposition boycott, there were few confrontations during the
October 27 legislative elections. Nevertheless, the Government forcibly
dispersed political rallies and protests, seized independent
newspapers, and jailed political opponents and critics of the
Government. Although there were no confirmed reports of extrajudicial
killings, security forces beat civilians. The Government in general did
not investigate or punish effectively those who committed abuses, nor
did it prosecute persons responsible in previous years for
extrajudicial killings and disappearances. Prison conditions remained
very harsh. Arbitrary arrest and detention was a problem, and prolonged
pretrial detention was common. The Government continued to influence
the understaffed and overburdened judiciary and did not ensure fair and
expeditious trials. Security forces often infringed on citizens'
privacy rights. The Government and the security forces restricted
freedom of speech and of the press, often using investigative detention
and criminal libel prosecutions to harass journalists and political
opponents. The Government restricted academic freedom and 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
remained a problem. Female genital mutilation (FGM) persisted among
some ethnic groups. Discrimination against ethnic minorities remained a
problem. The Government limited workers' rights to collective
bargaining. Child labor was a problem. Trafficking in women and
children remained problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of the arbitrary or unlawful deprivation of life
committed by the Government or its agents during the year, and no
extrajudicial killings from previous years were discovered during the
year. However, one person died during the year when police and
demonstrators clashed (see Section 2.b.).
There were no developments in the investigation of the March 2000
killing of an alleged government-paid agitator at the University of
Benin (now known as the University of Lome).
In April at the annual meeting of the U.N. Human Rights Commission,
the U.N./Organization of African Unity (OAU) Commission of Inquiry into
allegations of extrajudicial killings disbanded without further
investigations. In February 2001, the Commission released the results
of its investigation into reports that the Government threw hundreds of
bodies into the sea during the 1998 presidential elections (see
Sections 1.b. and 4), including what it called credible evidence of
some extrajudicial killings that merited further investigation. The
Commission's report also alleged that security forces or militias
linked to government authorities were responsible for the following
previously unreported extrajudicial killings or disappearances during
the 1998 elections: Kodjo Ahadji; Anani Teko Allyn; Koffi Amouzou;
Koffi Roger Ahiakpo; Kossi Kossi; Koffie Tenou; Germain Palanga
N'Gamnouwe; Pele Keleou; and Hoffia Messan Pomeavor. In March 2001, the
Government established a National Commission of Inquiry to investigate
the Commission's allegations, which concluded that these allegations
were unfounded and took no further action in any of the cases.
Following the September 1998 killing of Koffi Mathieu Kegbe, an
activist in the opposition Action for Renewal Committee (CAR) party,
police arrested Kodjovi Akomabu in 2001. He was found to be the leader
of a criminal gang and was sentenced to 6 years in prison. He appealed
the sentence, and it was raised to 10 years. Akomabu began serving his
time in August 2001. He was transferred to the prison in Kara in the
north during the year.
There still was no investigation into the April 2001 lynchings in
Akodessewa of Anani Adable and Apelete Koffi Klutse, two alleged
thieves; there was no suspicion of government involvement.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In a final report released in February 2001, the U.N./OAU
Commission of Inquiry reported the disappearance of the following six
persons, previously unreported, last seen under arrest by security
forces in 1998: Koffi ``Hitler'' Akakpossa; Nicolas Assiongbon; Adrisse
``Ringo'' Djiewone; Yao Homawoo; Kokou Akakpo; and Eugene Senyo. The
Government denied it had anything to do with their disappearances.
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 after
arresting them. Some suspects claimed credibly to have been beaten,
burned, or denied access to food and medical attention. Impunity
remained a problem, and the Government did not prosecute publicly any
officials for these abuses.
On June 26, security forces detained two opposition CAR Party
members who claimed they were beaten at the Para-Commando military camp
in Kara. They were released June 30. They were accused of distributing
political tracts, reportedly endorsing a proposed presidential bid by
RPT figure Dahuku Pere.
In November 2001, Union of Forces for Change (UFC) members Andre
Kuevi and Atanai Aboubakar were attacked and beaten in the northern
city of Kara. Kuevi was beaten on the head with iron bars and required
a blood transfusion. Atanai reportedly slipped into a coma for 3 days.
The Government vowed to investigate; however, there were no
developments during the year.
Security forces harassed, intimidated, and beat journalists (see
Section 2.a.).
Security forces dispersed demonstrators forcibly (see Section
2.b.).
On February 5, the Government forcibly retired former Army Chief of
Staff LTC Kouma Bitenewe. Following his April 2001 arrest, Bitenewe
accused troops of holding him incommunicado and torturing him. He was
under house arrest for much of 2001.
There was no investigation into the April 2001 incident in which
the UFC claimed that RPT militants doused UFC Secretary General Jean-
Pierre Fabre with gasoline and threatened to set him on fire.
Prison conditions reportedly remained very harsh, with serious
overcrowding, poor sanitation, and unhealthy food. According to the
First Instance Court, a bureau of the Appellate Court in the Ministry
of Justice, Lome's central prison, built for 350 prisoners, housed
1,100 inmates at its peak during the year. In December the total prison
population for Lome was 1,146, including 35 women awaiting trial and 3
judged guilty as well as 871 men awaiting trial and 275 judged guilty.
Medical facilities were inadequate, and disease and drug abuse were
widespread. Prison guards in the overcrowded civil prison of Lome
charged prisoners a small fee to shower, use the toilet, or have a
place to sleep. Sick prisoners reportedly had to pay $2 (1,500 CFA
francs) to guards before being allowed to visit the infirmary.
The children of convicted adults often were incarcerated with the
female inmates, who were housed separately from the male prisoners.
Juvenile prisoners were held separately from adults. Political
prisoners and pretrial detainees were not held separately from
convicted prisoners.
Although some international and local private organizations had
access to prisons for monitoring purposes, the International Committee
of the Red Cross (ICRC) did not request a visit during the year.
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention remained problems. Judges or senior police officials may
issue warrants. Although detainees have the right to be informed of the
charges against them, police sometimes ignored this right. 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. Family members and attorneys officially had
access to a detainee after 48 or 96 hours of detention; however,
authorities often delayed, and sometimes denied, access. The law
stipulates that a special judge conduct a pretrial investigation to
examine the adequacy of evidence and decide on bail; however, in
practice detainees could be, and often were, held without bail for
lengthy periods with or without the approval of a judge.
A shortage of judges and other qualified personnel, as well as
official inaction, resulted in lengthy pretrial detention--in some
cases several years--and confinement of prisoners for periods exceeding
the time they would have served if tried and convicted. For example,
Kokou Alowou and Dela Atidepe were arrested in 1993, charged with armed
robbery and manslaughter, and still were awaiting trial at year's end.
In December an estimated 70 percent of the prison population was
pretrial detainees (see Section 1.c.).
The Government continued to use brief investigative detentions of
less than 48 hours to harass and intimidate opposition activists and
journalists (see Section 2.a.). The Government at times has resorted to
false charges of common crimes to arrest, detain, and intimidate
opponents. On August 17, three members of the UFC opposition party were
arrested and briefly detained for urging people to attend a political
rally scheduled for August 24. Five persons were arrested, detained,
and ultimately convicted of crimes for political reasons during the
year (see Section 1.e.).
On September 24, a member of the opposition CAR party, Kokou
Avigan, was arrested and charged with distributing political tracts to
Alabi Sofiou, another CAR member. At year's end, both men remained in
jail without being formally charged or given a trial.
After forcibly dispersing demonstrations during the year, members
of the security forces arrested and detained participants, sometimes
without charges (see Section 2.b.).
Unlike in the previous year, there were no records that members of
the security forces detained human rights monitors and activists during
the year. The Constitution prohibits exile, and the Government
generally respected this prohibition; however, several opposition and
human rights workers remained in self-imposed exile because they feared
arrest. For example, some students who fled in 2000 remained in Ghana
due to fear of arrest if they returned to the country.
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 were supporters of
President Eyadema. Judges who belonged to the pro-Eyadema Professional
Association of Togo Magistrates (APMT) reportedly received the most
prestigious assignments, while judges who advocated an independent
judiciary and belonged to the National Association of Magistrates (ANM)
were marginalized.
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. General
Seyi Memene served as Justice Minister. The court system remained
overburdened and understaffed. Magistrates, like most government
employees, were 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 were open to the public, and judicial
procedures generally were 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 was the starting point for cases in urban areas.
Opposition figures were imprisoned for expressing political
opinions and frequently were denied a fair trial. On January 10, an
appeals court ruled in favor of opposition CAR Party President Yawovi
Agboyibo, but only after President Eyadema issued instructions for his
release from prison after 7 months. Agboyibo had been convicted in
August 2001 of defaming then Prime Minister Agbeyome Kodjo. The trial
was flawed; there were serious irregularities, including a disregard
for proper judicial procedure. In September former Prime Minister Kodjo
blamed President Eyadema for Agboyibo's imprisonment, saying that
Eyadema forced him to bring the suit against the opposition party
leader.
In June Yawovi Jules Kpizia, an opposition CAR political party
official, was released from prison after serving 1 year for defamation
of the President's son, LTC Ernest Gnassingbe.
In September the Government tried Claude Ameganvi, leader of an
opposition labor party and union activist, for defamation of the
President. The prosecutor allegedly changed Ameganvi's statement; the
prosecutor insisted the text included typographical errors. The
presiding judge rejected demands to withdraw the document. Ameganvi was
sentenced to 4 months for defamation of the president's image and an
additional 2 months after the public prosecutor raised the sentence.
In June 2001, Harry Olympio, former Human Rights Minister and
opposition Rally for the Support of Democracy and Development (RSDD)
president, was arrested and convicted in a seriously flawed trial for
the production and possession of explosives. He was sentenced to 18
months in prison and fined $500 (360,000 CFA francs); however,
President Eyadema pardoned him in 2001.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the sanctity of
residences, the confidentiality 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, and in political and national security
cases, the security forces need no prior authorization. Police
conducted searches without warrants, searching for arms caches as well
as for criminals, often under the guise of searching for identity
cards. Armed security checkpoints existed throughout the country, and
security forces regularly searched vehicles, baggage, and individuals
in the name of security (see Section 2.d.).
Security forces entered private residences, particularly in the
north, for the purpose of disrupting meetings among opposition
political figures. On July 3, gendarmes and other security officials
reportedly searched the home of Dany Ayida, a journalist and director
of a human rights center in Lome who was exiled in France and
mistreated his wife. He remained in Benin at year's end.
Citizens believed that the Government monitored telephones and
correspondence, although this surveillance was not confirmed. The
Government maintained 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 restricted
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 and confiscated issues of some opposition newspapers.
Advertisers reportedly often were intimidated. Few opposition
newspapers were allowed distribution outside the Lome area,
particularly in areas not known to be ruling party strongholds.
On September 3, the National Assembly approved another revision of
the 1998 Press and Communication Code, further restricting freedom of
expression in the country. The revision focused on Article 91, enacting
a 5-year term of imprisonment (up from 3 years in the previous code)
and a $7,600 (up from $2,500) fine for any journalist found guilty of
defamation of military or of government officials. The severest
penalties were reserved for offenses to the ``honor, dignity . . . and
the public functions'' of ``the president, prime minister, national
assembly president, parliamentarians, members of government and public
institutions.'' In addition, the new code requires independent
newspapers to constitute their reporting staffs with at least one-third
``professional journalists,'' a status accorded only by the Government-
appointed authority.
During the year, persons were charged with defamation (see Section
1.e.).
Despite government interference, there was a lively press, most of
which was heavily politicized, and some of which was highly critical of
President Eyadema. More than 15 privately owned newspapers published
with some regularity. The only daily newspaper, Togo-Presse, was
government-owned and controlled. There were several independent
newspapers that published on weekly and biweekly schedules.
There was no pre-publication censorship of print media in law or
practice; however, journalists practiced varying degrees of self-
censorship, and security forces frequently threatened or detained print
media journalists and interfered with the distribution of newspapers.
During the year, authorities seized copies of newspapers that
criticized the Government. For example, on April 4, security agents
seized all copies of La Tribune du Peuple, apparently for publishing an
article entitled ``Togo State of Terror: FAT (Armed Forces of Togo)
Members Mistreated Agbekodo.''
On April 9, agents confiscated copies of the newspaper Le Regard
for commenting on a Human Rights Commission meeting in Geneva in which
the Amnesty International (AI) report entitled ``Togo: A State of
Terror'' was discussed. A former minister threatened to put the
director of Le Regard in jail for life.
On April 16, security forces unsuccessfully sought to confiscate
all copies of Le Regard that contained a letter written by Member of
Parliament (M.P.) Dahuku Pere, a member of the ruling RPT Party's
Central Committee, that called on the RPT to convene a party congress
to discuss the party's performance and image (see Section 3). On April
22, security agents seized copies of two newspapers, Le Combat du
Peuple and Motion d'Information, for publishing Pere's letter.
Members of the security forces arrested and detained journalists,
sometimes without charging them with any offense.
For example, in June Basile Agboh, publisher of the weekly
newspaper Akekle, was jailed for publishing a story claiming that the
President's eldest son, LTC Ernest Gnassingbe, had made death threats
against then-Prime Minister Agbeyome Kodjo. He was released after 70
days of detention.
On August 5, Julien Ayi, editor of Agoo Nami, and Alphonse Klu,
director of Nouvel Echo, were arrested for publishing unsubstantiated
information allegedly given to them by Claude Ameganvi that Forbes
Magazine had named President Eyadema one of the world's wealthiest
people. Ameganvi was arrested the next day (see Section 1.e.). On
September 13, Ameganvi and Ayi were sentenced to 4 months in jail and
each fined $150 (100,000 CFA francs). Klu, still in hiding, was
sentenced to 6 months in prison and fined the same amount. At the time
of sentencing, the Government had not enacted the new press code.
In October 2001, the Gendarmerie arrested journalist Komi Nemvame
Klu for publishing false information about a public figure. He was
released on October 30, 2001.
Unlike in the previous year, no press offices were closed due to
government threats.
Radio remained the most important medium of mass communication. Two
government-owned and 53 private radio stations were officially licensed
in December in response to the first government-enacted licensing
operation. Two of these, Radio Avenir and Galaxy FM, were associated
with the ruling RPT Party. Some private radio stations broadcast
domestic news; however, they offered little of the political commentary
and criticism of the Government that was widespread in the print media.
A private station, Kanal FM, was a foreign affiliate and carried
several hours of news, music, and commentary daily.
Beginning on September 17, the Government blocked transmission of
Radio France International to prevent the broadcast of an interview
with former Prime Minister Kodjo. In the interview, Kodjo criticized
President Eyadema for controlling the judicial and legislative as well
as the executive branches of the Government. He said that Eyadema's
stepping down was the only way for the country to complete its
democratic transition.
The Government-owned and controlled Television Togo, and the
independent TV-2 were the only major television stations in the
country. TV-2 carried France-based TV-5's international news
programming. Three smaller television stations operated during the year
but their broadcasts were limited to certain localities, and their
content primarily was of a religious or entertainment nature.
The Constitution mandates equal access to state media; however, the
official media heavily slanted their contents in favor of the President
and the Government. The High Authority for Audio-Visual and
Communications (HAAC) was charged with providing equal access to state
media, as mandated by the Constitution. Although nominally independent,
in practice HAAC operated as an arm of the Government. It was dominated
by Eyadema supporters and had not increased opposition access to the
Government controlled media. Two opposition representatives were
appointed in 2001 to improve the HAAC's balance. In February HAAC sent
a letter to Radio Victoire telling it to stop all programming until it
signed the convention that authorized all broadcasting.
The Togolese Media Observatory (OTM), a nongovernmental
organization (NGO), was established to protect press freedom and to
improve the professionalism of journalists. OTM's board and membership
included both government and private journalists. During the year, it
met regularly to discuss journalistic ethics and professional
standards.
There were no reports that the Government restricted access to the
approximately 15 Internet service providers in the country. Most
Internet users were businesses rather than households. Access to the
Internet and fax machines also was available in many small stores and
cafes in Lome and other cities.
At the country's sole university, the University of Lome,
previously known as the University of Benin, academic freedom was
constrained by potential harassment by the Government and anti-
opposition militants, or both, and the lack of a Rector elected by the
faculty. Teachers' salaries and students' stipends rarely were paid on
time. Drastic increases in tuition and cuts in scholarships reduced the
total number of students, and as a result, there were fewer
interruptions to university classes during the year. A government
informer system reportedly continued to intimidate students. The only
officially tolerated student groups; the High Council of the Student's
Movement (Haut Conseil des Mouvements Etudiants) and the General Union
of Students and Interns of Togo (Union General des Etudiants et
Stagiares du Togo), were pro-Eyadema. The independent student
organization CEUL has had longstanding unofficial recognition, and its
elected representatives have participated on university committees.
Unlike in the previous year, security forces did not forcibly
disperse student protests at the University of Lome.
Thomas Gnandi and Kodjo Gbodzisi, the President and Vice President
of the CEUL, remained expelled at year's end, and no action was taken
against security forces who allegedly tortured them following protests
by students and professors over their May 2001 expulsion.
There were no developments in the 2000 case of former CEUL leader
Lorempo Lamboni.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in practice. Opposition political parties rarely were
permitted to hold public meetings in Lome, and 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. For example, on
August 3, Claude Ameganvi, coordinator of a group called ``What
Solution for Togo,'' organized a demonstration commemorating the 10th
anniversary of the murder of opposition political leader Tavio Amorin.
In response to a request by the UFC party to hold a rally August 3, the
Minister of Interior organized a ``Clean the City'' day, forcing the
UFC party members to postpone the rally until the following day. Police
dispersed the participants using batons, injuring several marchers,
including one who required medical treatment.
On August 17, UFC members were arrested for inviting people to
attend another rally scheduled for August 24. The Minister of Interior
convoked UFC leaders to his office and complained about the statements
made in the August 4 rally and the blocked August 24 rally.
On September 28, security forces used tear gas and batons to break
up a public opposition UFC Party meeting, and at least one UFC member
was injured slightly. Police arrested Secretary General Jean-Pierre
Fabre but released him a few hours later.
On November 9, security forces broke up a march organized by a
coalition of opposition parties. Police and opposition members clashed
when the group attempted to change from the pre-approved route.
Numerous persons from both sides were injured, and one protestor, Alex
Hedeka, a member of the opposition UFC party, died a few days later
from his injuries.
Opposition groups continued to accuse Northern Military Zone
Commander LTC Ernest Gnassingbe, the President's son, of blocking or
breaking up public and private political demonstrations and meetings.
There were no official reports of student demonstrations during the
year. However, security forces remained present on the University of
Lome campus (see Section 2.a.).
No known action was taken against security forces that used
excessive force when dispersing demonstrations in 2001 and 2000.
Unlike in the previous year, the Government did not ban opposition
gatherings.
Under the Constitution, citizens have the right to organize
associations and political parties; however, the Government restricted
this right in practice. While political parties were able to elect
officers and register, few opposition party offices and no pro-
opposition newspapers operated in most towns in the central and
northern regions.
There were many NGOs; they were required to register with the
Government.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Government has established requirements for recognition of
religious organizations outside the three main faiths--Roman
Catholicism, Protestantism, and Islam--which were recognized
officially. Applications for recognition must be submitted to the
Interior Ministry's Division of Civil Security. The Interior Ministry
issues official recognition. The Civil Security Division also has
enforcement responsibilities when there are problems or complaints
associated with a religious organization. The Government recognized 109
religious groups, of which most were smaller Protestant groups and some
new Muslim groups as well as new traditional religious groups. Members
of those religions not officially recognized were permitted to practice
their religion, but had no legal standing. During the year, 12
religious groups submitted applications to the Government requesting
official recognition. Since 1991, 329 groups have applied for
recognition. There was no information available regarding the criteria
for recognition, the number of rejections, or details about the groups
that had been rejected. If an application provided insufficient
information for recognition to be granted, the application often
remained open indefinitely.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Armed
security checkpoints and arbitrary searches of vehicles and individuals
were common, and government security forces searched cars throughout
the country. Undisciplined acts of some soldiers manning roadblocks,
such as frequent demands for bribes before allowing citizens to pass,
impeded free movement within the country. The Government prevented
opposition political parties from traveling and campaigning in the
north of the country and from traveling or entering certain towns.
In June the Government placed former Prime Minister Agbeyome
Kodjo's French-citizen wife under house arrest, blocked her attempts to
leave her house, and prevented others from visiting her. After 1 month,
and appeals from the French Embassy and international groups, the
Government removed the security forces. The Government insisted the
troops had been placed there for her protection.
In August the Government refused to act on the passport application
by the son of Dahuku Pere, a prominent critic of the Government from
within the ruling RPT, apparently in retaliation for his father's
views. By year's end, Pere's son still had not been issued a passport.
The Government permitted citizens to use a national identity card
instead of a passport for travel to other member countries of the
Economic Community of West African States. The Government required that
a married woman have her husband's permission to apply for a passport.
There was no law that provided for the granting 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, the Government provided first asylum. The Government
cooperated with the office of the U.N. High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees.
During the year, a National Refugee Assistance Coordination (CNAR)
group was established.
In December UNHCR estimated there were 11,000 refugees from Ghana
living in the northern areas of the country, near the cities of Bassar,
Sotouboua, and Dankpen. A total of 508 Ghanaian refugees were in the
process of being repatriated at year's end. According to the
Government, there were approximately 800 refugees (mostly from Rwanda
and the Democratic Republic of the Congo) registered in Lome and an
approximate 1,200 additional refugees living in rural villages.
According to UNHCR estimates, approximately 1,600 Togolese refugees
lived in Benin and another 800 in Ghana.
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 peacefully; however, the Government restricted this right in
practice. In the 1998 presidential election, 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 Eyadema and appear to have affected the outcome
materially.
Although the Government generally did not obstruct the actions of
political opponents openly, the President used the military and his
government allies to intimidate and harass citizens and opposition
groups (see Sections 1.d., 1.e., and 2.b.). LTC Ernest Gnassingbe, the
President's son, threatened the leading legislative candidate for the
opposition party CAR, Palakizima Aweli, telling him to leave the city.
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. The National Assembly has little authority or
influence on President Eyadema and has limited influence on the
Government. Aside from controlling its own programs and activities and
writing amendments to the Constitution, the National Assembly largely
approved the proposals of the President and the Government.
After the 1999 legislative elections, boycotted by the opposition
and marred by procedural problems and significant fraud, the Government
announced that it would pursue dialog with the opposition. In July
1999, all sides signed the ``Lome Framework Agreement,'' which included
a pledge by President Eyadema that he would respect the Constitution
and not seek another term as president after his term expires in 2003.
In 2000 the Government established the CENI, composed of 10 members of
the President's RPT party and 10 members of the opposition, and adopted
a new Electoral Code largely drafted by the opposition.
On February 1, in what it called a bid to speed up election
preparations, the Government amended the electoral code to include: A
requirement that legislative and presidential candidates must be
citizens; a reduction of the composition of the CENI to 10 members (5
from the RPT and 5 representing the opposition); and that all CENI
decisions could be made by a simple majority vote. On April 25, the
Constitutional Court replaced the CENI with a seven-magistrate
commission (C7), which proceeded to organize elections for October 27.
In April longtime RPT Party official and former president of the
National Assembly, Dahuku Pere, publicly criticized the party's failure
to break with its authoritarian one-party past. Noting that excesses
from 1991 to 1993 had included murders and repression committed by the
both the RPT and its opponents, Pere called for a renewal of party
values and recommitment to success in a fairly fought democratic
contest. Gendarmes questioned and then released Pere. A nearly
unanimous RPT Central Committee vote rejected Pere's treatise, and
President Eyadema stripped him of his party position and decorations.
On June 27, Prime Minister Agbeyome Kodjo left his post and fled to
France. He was the only member of the RPT Central Committee who did not
sign the letter rejecting Pere's declaration. Upon his departure, he
released a 14-page letter criticizing President Eyadema for his
``monarchic-despotic'' regime and accusing him of looting public
coffers to sustain a life of luxury. As with Pere, the Government
immediately stripped Kodjo of his party membership and decorations and
accused him of treason.
In August four leading opposition parties united their agendas to
demonstrate solidarity against the Government. Opposition parties that
did not join the unified ``Front'' included the UFC party of Gilchrist
Olympio, the son of the former president who was assassinated in 1963,
and the Opposition Pan-African Patriotic Convergence party of former
Prime Minister Edem Kodjo. In September several other minor opposition
parties also united their agendas, calling themselves the Republican
Opposition Front (FOR). Following the June 2001 presidential pardon of
Harry Olympio on coup-plotting charges, the former Human Rights
Minister and RSDD president stated that he intended to participate in
the October legislative elections.
Long-delayed legislative elections were held on October 27, and the
opposition parties who were members of the Lome Framework Agreement
boycotted the races. President Eyadema's RPT party won 72 out of the
total 81 seats in the National Assembly. Three newly formed opposition
parties and one independent candidate shared the remaining nine seats.
The Government said voter turnout was 67 percent, a figure contested by
the main opposition parties as well as some of the Government-sponsored
international election observers. There were reports of incidents of
intimidation and fraud.
On December 30, the newly elected National Assembly passed 34
modifications to the 1992 Constitution. President Eyadema promulgated
the law on December 31. Chief among the changes was a rewrite of
Article 59 erasing the two-term limit for the presidency. In addition,
the new Constitution lowered the age of presidential candidates from 45
to 35; stipulated only one-round of voting for all future elections;
and created a new legislative body, the Senate, making the National
Assembly a bicameral legislature, the Parliament. Many of the changes
restored powers to the presidency taken away by the 1992 Constitution,
including new language strengthening the president's authority over
national policy, the power to dismiss the prime minister, and appoint a
greater number of judges, especially to the country's highest bench,
the Constitutional Court. The Constitutional Court now also was tasked
as final arbiter in resolving future election disputes.
There were no legal restrictions on the participation of women and
ethnic minorities in the Government. There were 5 female members in the
81-member National Assembly and there were 3 female ministers in the
President's 20-member Cabinet. Members of southern ethnic groups were
underrepresented.
Section 4. Government Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were several domestic private human rights groups, including
the LTDH, the Center of Observation and Promotion of the Rule of Law
(COPED), the CADEPROD, and the Togolese Association for the Defense and
Protection of Human Rights (ATDPDH). In general the Government allowed
groups to investigate alleged violations of human rights; however, the
Government occasionally threatened or hindered the activities of human
rights activists and was inconsistent in 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.
Former officials of the domestic chapter of AI remained in exile,
although it resumed its activities in the country in 2000.
The National Commission for Human Rights (CNDH) continued to be
dominated by supporters of the President, individual human rights
groups, and activists. Although there were no records of arrest and
mistreatment, the CNDH found it difficult to accomplish its agenda of
making people more aware of their rights.
Section 5. Discrimination Based on Race, Sex, 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 did not provide effective redress for discrimination
complaints. Discrimination against women and ethnic minorities remained
a problem. Members of President Eyadema's Kabye ethnic group and other
northern ethnic groups dominated much of the public sector, especially
the military.
Women.--Domestic violence against women continued to be a problem.
Although mechanisms for redress existed within formal judicial
structures, police were not given any authority to protect women in
abusive situations, and women were not made aware of the formal
judicial mechanisms that would give them protection. As a result, the
police rarely intervene in domestic violence incidents. Wife beating
was estimated to affect approximately 10 percent of married women.
FGM continued to be practiced. The most commonly practiced form of
FGM was excision, which usually was performed on girls a few months
after birth. Most of the larger ethnic groups did not practice FGM;
however, among the practicing groups rates ranged from 40 to 98
percent. FGM is illegal and penalties for practitioners ranged from 2
months to 5 years imprisonment as well as substantial fines. The law
rarely was applied because most FGM cases occurred in rural areas where
neither the victims nor the police knew the law. Traditional customs
often superseded the legal system among certain ethnic groups. The
Government continued to sponsor seminars to educate and campaign
against FGM. Several NGOs, with international assistance, organized
educational campaigns to inform women of their rights and how to care
for victims of FGM.
There was some trafficking of young women (see Section 6.f.).
The Constitution declares women equal under the law; however, women
continued to experience discrimination, especially in education,
pension benefits, and inheritance as a consequence of traditional law.
A husband legally could restrict his wife's freedom to work or control
her earnings. In urban areas, women and girls dominated market
activities and commerce; however, harsh economic conditions in rural
areas, where most of the population lived, left women with little time
for activities other than domestic tasks and agricultural fieldwork.
Under traditional law, which applied to the vast majority of women, a
wife has no maintenance or child support rights in the event of divorce
or separation and no inheritance rights upon the death of her husband.
Polygyny was practiced.
The Ministry of Health, Social Affairs, Promotion of Women, and
Protection of Children, along with independent women's groups and
related NGOs, continued to campaign actively during the year 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 suffered from a lack of money, materials, and
enforcement. Although the law protected children, there were many
practices that discriminated against children, especially girls. The
Government provided free education in state schools. School attendance
was compulsory for both boys and girls until the age of 15.
Approximately 61 percent of children aged 6 to 15 years attended
school, mostly boys. In the age group of 6 to 15 years, approximately
89 percent of boys and 66 percent of girls started primary school;
however, only an estimated 39 percent of boys and 13 percent of girls
reached secondary school. Approximately 3 percent of boys and 0.6
percent of girls reached the university level. Literacy rates were 57
percent for adult men and 31 percent for adult women. In its June 2001
General Direction of Education Planning (Direction Generale de la
Planification de l'Education), the Ministry of Education estimated one-
third of the national budget was spent on education.
Orphans and other needy children received some aid from extended
families or private organizations but less from the State. There were
social programs to provide free health care for poor children. In rural
areas, traditionally the best food was reserved for adults, principally
the father.
In November 2001, traditional chiefs met and agreed to set up
watchdog committees and conduct awareness campaigns against the abuse
of children, especially trafficking, confinement in voodoo shrines,
FGM, torture, forced marriages, and other forms of sexual harassment.
Without financial or legal support, success of the committees was
sporadic, and they continued to function on a minimal level during the
year. FGM was performed on approximately 12 percent of girls (see
Section 5, Women).
There were reports of trafficking in children (see Section 6.f.).
Persons with Disabilities.--The Government did not mandate
accessibility to public or private facilities for persons with
disabilities. Although the Constitution nominally obliged the
Government to aid persons with disabilities and shelter them from
social injustice, the Government provided only limited assistance in
practice. There was no overt state discrimination against persons with
disabilities and some held government positions. However, persons with
disabilities had no meaningful recourse against private sector or
societal discrimination, and in practice there was discrimination
against persons with disabilities.
National/Racial/Ethnic Minorities.--The country's population
included members of approximately 40 ethnic groups that generally spoke
distinct primary languages and were concentrated regionally in rural
areas. Major ethnic groups included 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 (approximately 5 percent). The Ewe and Mina were the largest
ethnic groups in the southern region and the Kabye was the largest
group in the less prosperous northern region.
Although prohibited by law, societal discrimination on the basis of
ethnicity was practiced routinely by members of all ethnic groups. In
particular discrimination against southerners by northerners and
against northerners by southerners was evident in private sector hiring
and buying patterns, in patterns of de facto ethnic segregation in
urban neighborhoods, and in the relative rarity of marriages across the
north-south ethnic divide. Discrimination extended into the public
sector, where the centralization of the State allowed little scope for
regional or ethnic autonomy, except through the circumscribed authority
of traditional rulers and the use of dispute resolution systems.
The relative predominance in private sector commerce and
professions by members of southern ethnic groups, and the relative
predominance in the public sector and especially the security forces by
members of President Eyadema's Kabye group and other northern groups,
were sources of political tension. Political parties tended to have
readily identifiable ethnic and regional bases: The RPT party was more
represented among northern ethnic groups than among southern groups;
the reverse was true of the UFC and CAR opposition parties.
In each region, members of majority ethnic groups harassed and
attacked members of ethnic groups originating from the other region,
forcing them back to their home region. In addition, due to the
congruence of political divisions and ethnic and regional divisions,
human rights abuses motivated by politics at times had ethnic and
regional overtones.
There were reports of violence involving ethnic Ibos from Nigeria.
In October in the northern city of Dapaong, an Ibo was accused of
killing a taxi driver and a vigilante mob gathered and demanded the
police turn over the suspect for punishment.
Following an investigation that revealed the taxi driver had stolen
from the Ibo, the Ibo accused of killing him was not turned over to the
crowd but was detained by authorities. No trial had been set at year's
end. Some believe that Nigerian Ibos kill young women, drain their
blood, and steal their sex organs to perform voodoo to accumulate
wealth, health, or protection.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides most
workers with the right to join unions; however, security forces,
including firefighters and police, did not have these rights. The
Constitution also prohibits discrimination against workers for reasons
of sex, origin, beliefs, or opinions. The World Bank estimates that the
country's total workforce was approximately 2 million persons. The work
force in the formal sector was approximately 20 percent of the total,
of whom from 60 to 70 percent were union members or supporters.
The 1974 Labor Code prohibits foreign nationals from performing
administrative or management functions in trade unions.
There were several major trade union federations, including the the
National Confederation of Togolese Workers (CNTT), which was 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.
The Labor Code prohibits antiunion discrimination. The Ministry of
Labor was charged with resolving labor-related complaints, but it did
not always do so effectively.
Federations and unions were free to associate with international
labor groups. The CNTT and the UNSIT were affiliates of the
International Confederation of Free Trade Unions, and the CSTT was an
affiliate of the World Confederation of Labor.
b. The Right to Organize and Bargain Collectively.--The Labor Code
nominally provides workers with the right to organize and bargain
collectively; however, the Government limited collective bargaining to
producing a single nationwide agreement that must be negotiated and
endorsed by representatives of the Government, labor unions, and
employers. All formal sector employees were covered by the collective
bargaining agreement that set nationwide wage standards for all formal
sector employees. The Government participated 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
could attempt to negotiate agreements more favorable to labor through
sector-specific or firm-specific collective bargaining, but this option
rarely was used.
The Constitution provides most workers with the right to strike;
however, security forces and government health workers do not have this
right. Government health care workers may join unions.
There is no specific law prohibiting retribution against strikers
by employers. Air Afrique workers held a strike at Lome's airport
during the year.
The law allows the establishment of export processing zones (EPZs).
Many companies had EPZ status, and more than 30 were 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
did not enjoy the same protection against antiunion discrimination as
did other workers. In practice unions did not have free access to EPZs
or the freedom to organize workers.
c. Prohibition of Forced or Bonded Labor.--The law does not
specifically prohibit forced or bonded labor, including by children,
and children sometimes were subjected to forced labor, primarily as
domestic servants. In rural areas, parents sometimes placed young
children into domestic work in other households in exchange for one-
time fees as low as $25 to $35 (15,000 to 20,000 CFA francs).
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 set a minimum age of 18. Inspectors from the Ministry of
Labor enforced these age requirements but only in the formal sector in
urban areas. In both urban and rural areas, particularly in farming and
small scale trading, very young children traditionally assisted in
their families' work.
The Ministry of Health, Social Affairs, Promotion of Women, and
Protection of Children was responsible for enforcing the prohibition of
the worst forms of child labor; however, few resources were allotted
for its implementation and enforcement was weak. Forced and bonded
labor by children was a problem (see Section 6.f.).
e. Acceptable Conditions of Work.--The Government sets minimum
wages for different categories, ranging from unskilled labor through
professional positions. In practice less than the official minimum wage
often was paid, mostly to unskilled workers. Official monthly minimum
wages ranged from approximately $20 to $33 (14,700 to 23,100 CFA
francs) and did not provide workers a decent standard of living for
themselves and their families. Many workers supplemented their incomes
through second jobs or subsistence farming. The Ministry of Labor was
responsible for enforcement of the minimum wage system but did not
enforce the law in practice. The Labor Code, which regulated labor
practices, required equal pay for equal work, regardless of sex;
however, this provision generally was 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 was compulsory, and workers
must receive 30 days of paid leave each year. The law requires overtime
compensation, and there were restrictions on excessive overtime work.
However, the Ministry of Labor's enforcement was weak, and employers
often ignored these provisions.
A technical consulting committee in the Ministry of Labor set
workplace health and safety standards. It may levy penalties on
employers who do not meet the standards, and employees have the right
to complain to labor inspectors of unhealthy or unsafe conditions
without penalty. In practice the Ministry's enforcement of the various
provisions of the Labor Code was limited. Large enterprises were
obliged by law to provide medical services for their employees and
usually attempted to respect occupational health and safety rules, but
smaller firms often did not.
Workers have the legal right to remove themselves from unsafe
conditions without fear of losing their jobs; however, in practice some
could not do so.
f. Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, although other statutes against kidnaping,
procuring, and other crimes linked to trafficking were used to
prosecute traffickers, and trafficking was a problem. Local committees
were set up in every region, and while they were voluntary without
financial or legal support, these committees investigated reports of
trafficking. The country remained a country of origin and a transit
point for trafficking in persons, primarily children. Trafficking in
women for the purpose of prostitution or nonconsensual labor as
domestic servants existed.
The Government had little or no funding to investigate traffickers
or trafficking rings. The police had limited success in intercepting
victims of trafficking, but prosecution of traffickers was rare. In
2001 the Government reported that it detained 10 traffickers as well as
55 parents of the children stranded in Cameroon in a boat-capsizing
incident. Most persons arrested or detained by security forces for
alleged trafficking ultimately were released for lack of evidence. No
records were available of the number of individual traffickers who were
prosecuted during the year.
Government agencies involved in antitrafficking efforts included
the Ministry of Social Affairs and Protection and Promotion for Family
and Children, the Ministry of the Interior and Security, the Ministry
of Justice, and security forces (especially police, army, and customs
units). The Government cooperated with the Governments of Ghana, Benin,
and Nigeria under a Quadripartite Law allowing for expedited
extradition among those countries.
The majority of the country's trafficking victims were children
from the poorest rural areas, particularly those of Cotocoli, Tchamba,
Ewe, Kabye, and Akposso ethnicities and mainly from the Maritime,
Plateau, and Central Regions. Adult victims usually were lured with
phony lucrative jobs. Children usually were approached by friends or
family friends. Sometimes parents sold their children to traffickers
for bicycles, radios, or clothing.
Children were trafficked to indentured and exploitative servitude,
which amounted at times to slavery. Victims were trafficked to West and
Central Africa, particularly Cote d'Ivoire, Gabon, Nigeria; Europe,
primarily France and Germany; the Middle East, including Saudi Arabia
and Kuwait; and Asia. Children were trafficked to Benin for indentured
servitude and to Cote d'Ivoire and Ghana for domestic servitude. Boys
were trafficked for agricultural work in Cote d'Ivoire and domestic
servitude and street labor in Gabon. They were fed poorly, clothed
crudely, and cared for inadequately, and neither were educated nor
permitted to learn a trade. Children sometimes were trafficked abroad
by parents misled into allowing them to depart under false pretenses.
There were reports that young girls were trafficked from the country to
Nigeria for prostitution.
The country was a transit point for children trafficked from
Burkina Faso, Ghana, Cote d'Ivoire, and Nigeria. There were credible
reports of Nigerian women and children who trafficked through the
country to Europe (particularly Italy and the Netherlands) for the
purpose of prostitution.
From February 2001 until February, the Government reported that
authorities intercepted 351 children ages 10 to 17 in the process of
being trafficked.
Traffickers were believed to be men and women of Togolese,
Beninese, and Nigerian nationalities.
The Government provided limited assistance for victims. Terre des
Hommes, an NGO, assisted recovered children until their parents or
next-of-kin could be notified. There also was a government-funded
Social Center for Abandoned Children. During the year, the ILO-
sponsored International Program for the Elimination of Child Labor
(IPEC) program conducted a study of trafficking in persons in the
country and in West Africa. During the year, ILO/IPEC worked with other
NGOs to increase awareness of the trafficking problem and to encourage
the Government to develop a law (which has been drafted but not passed
and enacted) setting fines and penalties for anyone caught in the
process of trafficking children. A World Bank program, started in 2001
to educate domestic servants and others at risk of being trafficked,
was stopped when the country fell into arrears to the Bank on December
31, 2001.
During the year, the Government continued to conduct public
awareness campaigns, with the help of UNICEF and NGOs such as WAO-
Afrique and CARE.
__________
UGANDA
President Yoweri Museveni continued to dominate the Government
after he was reelected to a second 5-year term in March 2001. He has
ruled since 1986 through the dominant political party, The Movement.
The Constitution provides for an autonomous, independently elected
President and a 295-member unicameral Parliament whose members were
elected to 5-year terms. The Parliament was weak compared to the
Executive, although it occasionally displayed independence and
assertiveness. In the June 2001 parliamentary elections, more than 50
percent of those elected were new legislators; however, Movement
supporters remained in control of the legislative branch. Observers
believed that the 2001 presidential and parliamentary elections
generally reflected the will of the population; however, both were
marred by serious irregularities, particularly in the period leading up
to the elections, such as restrictions on political party activities,
incidents of violence, voter intimidation, and fraud. A 2000 national
referendum on the role of political parties formally extended the
Movement form of government indefinitely and severely restricted
political activities. The Constitutional Review Commission (CRC)
continued to work to amend the 1995 Constitution during the year. The
judiciary generally was independent but was understaffed and weak; the
President had extensive legal powers.
The Uganda People's Defense Force (UPDF) was the key security
force. The Constitution provides for civilian control of the UPDF, with
the President designated as Commander in Chief; a civilian served as
Minister of Defense. The Government withdrew a significant portion of
the UPDF from the Democratic Republic of the Congo (DRC) during the
year; however, security forces remained active in Bunia and border
areas. The UPDF also increased its activities in the north in
``Operation Iron Fist'' against the Lord's Resistance Army (LRA) rebels
and conducted operations destroying LRA sanctuaries in southern Sudan
with the permission of the Sudanese government. UPDF soldiers and
members of Local Defense Units (LDU's), assigned to the Reserved
Forces, assisted the police in rural areas. LDU's operated under the
authority of the Ministry of Internal Affairs but lacked a legal
mandate. The Internal Security Organization (ISO) remained under the
direct authority of the President. Although the ISO primarily was an
intelligence-gathering body, its operatives occasionally detained
civilians. The Chief of Military Intelligence (CMI), under UPDF
control, detained civilians suspected of rebel and terrorist activity.
The police were organized as a national force under the authority of
the Ministry of Internal Affairs. All security forces were under
government control and were responsive to the Government. Members of
the security forces committed numerous serious human rights abuses.
The country's population was approximately 24.6 million. The
economy grew at a rate of approximately 5.6 percent during the year.
Approximately 40 percent of total GDP was in agriculture, and foreign
economic assistance accounted for approximately 48 percent of the total
government expenditure. Foreign investment fell slightly during the
year but remained close to 4 percent of GDP. Corruption was a major
problem but indicators showed positive changes during the year. For
example, Parliament created a Local government Account Committee, which
pursued local officials over financial issues raised in government
audits. Parliament also passed the Ethics Bill, which requires the
declaration of wealth by government officials and their family members.
The privatization of state-owned enterprises continued.
The Government's human rights record remained poor, and there
continued to be numerous, serious problems. 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, and committed or failed to prevent extrajudicial killings of
suspected rebels and civilians. The Government enacted measures to
improve the discipline and training of security forces and punished
some security force officials who were guilty of abuses; however,
abuses by the security forces remained a problem. Security forces were
responsible for some disappearances. UPDF forces committed fewer abuses
in the DRC, where they significantly had reduced their presence during
the year. Security forces regularly beat suspects in order to force
confessions and at times tortured detainees. Prison conditions remained
harsh and life threatening. Members of the security forces arbitrarily
arrested and detained civilians, including opposition politicians and
their supporters. Authorities used incommunicado detention. Prolonged
pretrial detention remained a problem. Poor judicial administration,
lack of resources, a large case backlog, and lengthy trial delays
limited due process rights, including the right to a fair trial;
however, some detainees received amnesty and were released. Security
forces at times infringed on citizens' privacy rights. The Government
at times did not respect freedom of speech and of the press, and
restricted freedom of assembly and association. There were some limits
on freedom of religion and movement. Domestic violence against women,
rape, and abuse of children remained serious problems. Discrimination
against women and persons with disabilities remained problems. The
Government worked with nongovernmental organizations (NGOs) to combat
the practice of female genital mutilation (FGM), which occurred on a
limited basis. There continued to be limits on worker rights. Forced
labor, including by children, occurred and child labor was common,
mostly in the informal sector. There were reports of trafficking in
persons. Vigilante justice remained a problem.
Insurgent forces committed numerous, serious abuses and atrocities.
The LRA, a rebel organization led by Joseph Kony, increased attacks in
the north and killed and abducted civilians, including children.
Remnants of the Allied Democratic Forces (ADF) on one occasion abducted
civilians.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were
unconfirmed reports of politically motivated killings by government
forces, and members of the security forces and the police committed
unlawful killings. Security forces sometimes used excessive force that
resulted in deaths.
Security forces killed several persons during the year. For
example, on March 21, two UPDF soldiers in Kotido killed Father Declan
O'Toole, his driver, and his cook. On March 25, the soldiers received a
court martial and subsequently were executed.
On April 1, a bodyguard of Presidential Advisor for Military
Affairs, Lt. General David Tinyefuza, killed two farm workers in Nakoma
Village, Sembabule District. The bodyguard was arrested but was not
charged.
On April 19, the High Court in Kampala acquitted former Minister of
State and Member of Parliament (M.P.) Vincent Nyanzi of the July 2001
murder of Vincent Mwebesa, a supporter of his opponent.
In May the Director of Public Prosecutions (DPP) dropped murder
charges against Edward Kamana Wesonga, M.P. of Bubulo West, Mbale
District, for lack of evidence. Wesonga had been charged in September
2001 for the murder of Sergeant Maxwell Wasswa during the 2001
parliamentary campaign.
There was no action taken against persons responsible for the
following killings prior to the March 2001 presidential election: The
January killing of a Museveni campaign task force member; the January
killing of two men who were putting up posters of opposition leader
Kizza Besigye in Tororo District; the February killing of four Besigye
supporters during a campaign rally; and the March killing of one person
during clashes between supporters of Museveni and Besigye in Rukungiri
District.
There were no developments in the following 2001 cases: The April
shooting by LDU members of two persons and the injuring of another in
Kabarole District; the June killing of a woman and injuring of 14
persons by UPDF soldiers in an internally displaced persons (IDP) camp
in Kilak County, Gulu District; the June killing of a political
opponent by the bodyguard of Hoima Resident District Commissioner (RDC)
Simon Mulongo in Bubulo East; the June killing of one person by
parliamentary candidate Otieno Akika; the July killing of Makerere
University student George Babigumira by police in Kampala; and the
August killing of Annet Nakimuli by a police constable during an
eviction in Kampala.
On August 16, a Special Police Constable in Nakasongola District
was found guilty and sentenced to death for the murder of a fish dealer
in 2000.
There was no action taken, nor was any likely, against the members
of the security forces responsible for the following killings in 2000:
The January killing of two LRA rebels by UPDF soldiers during an attack
on Paloga trading center, Gulu; the January killing of six persons by
the UPDF and the police in the Kampala suburb of Kabalagala; and the
killing of nine persons by UPDF soldiers at a wedding party in the
village of Kikere, DRC.
During the year, violent crime increased considerably nationwide,
including car-jackings, armed robberies, and murders. In June the
Government began an anti-crime operation code named ``Operation
Wembley.'' Under the campaign, security forces fought aggressively
against crime; however, the campaign resulted in many deaths, some in
gunfire exchanges with criminals, some while criminals were trying to
resist arrest or escape from detention. For example, on May 27, an LDU
officer was arrested and charged with the murder of a 5-year-old child
who was killed in crossfire when security personnel pursued thieves in
Poloto Village in Mukono District. Human rights organizations
questioned the legality and severity of the police actions.
On June 29, police operating under Operation Wembley killed three
armed robbers, allegedly while they tried to escape from custody in
Masaka Town.
Security forces used unwarranted lethal force during arrests. For
example, on September 9, security forces killed a pedestrian while
trying to arrest armed thieves in the Kampala industrial area.
Police at times used excessive force while dispersing gatherings
that resulted in killings (see Section 2.b.).
There were reports of deaths in custody that resulted from alleged
torture or other abuse. For example, on June 6, a juvenile trying to
escape from Nyabahukye Farm Prison in Mbarara District, died after the
prison warden allegedly ordered other inmates to beat him. There were
no reports of action taken against responsible prison officials.
On July 23, Patrick Owomugisha Mamenero died in CMI custody in
Kampala, allegedly of internal bleeding due to blunt injury. He was
arrested on July 20 in Kabale District for alleged subversion. The CMI
Director initially denied CMI responsibility, but later promised to
conduct an investigation. There were no reports of an investigation at
year's end.
On September 16, during the process of transferring 21 detainees
from the central prison to the military barracks in Gulu District,
soldiers killed Peter Oloya allegedly after he tried to disarm a
soldier The Gulu branch of UHRC said the transfer was illegal. There
were no reports of investigation into the incident or action taken
against the responsible military officials; two Gulu M.P.'s filed
petitions in the Constitutional and municipal Courts for Oloya's
wrongful death. Oloya's body never was released to his family.
During the year, harsh conditions and lack of adequate medical
treatment caused some deaths in prison (see Section 1.c.).
Government forces also killed civilians they mistook to be rebels.
For example, on August 25, a UPDF helicopter gunship killed two
civilians and injured eight others in Anara Parish, Lira District. Army
spokesperson Major Shaban Bantariza confirmed the incident and said
that the civilians were mistaken for rebels.
On September 7, a UPDF soldier in Kitgum reportedly killed Emmanuel
Onencan, a student of Panyadwong Primary School, whom he mistook to be
a rebel, near the Kitgum town council offices. Major Shaban Bantariza
confirmed the incident.
On October 25, a village council Secretary for Security and three
surrendering LRA rebels were killed in crossfire in Omoro County, Gulu
District; Major Bantariza attributed the killings to the mistaken
belief that the men were rebels. There were no reports of action taken
in any of the cases.
There was no investigation into the April 2001 killing of five
persons and injuring of two others during a confrontation between the
UPDF and the LRA in Gulu District.
UPDF forces killed numerous persons during clashes with Karamojong
raiders during the year. For example, in February soldiers allegedly
tortured and killed two Karamojong warriors for refusing to surrender
their guns in a disarmament exercise in Kapedo sub-county, Kotido
District.
On April 10, the UPDF killed 10 Karamojong warriors during a gun
battle to recover illegal guns in Kotido District. The UPDF Commanding
Officer of Karamoja, Col. Sula Ssemakula, confirmed the killings;
however, Ssemakula did not indicate whether any action would be taken
against the responsible soldiers.
In May the UPDF killed 39 Karamojong warriors during a battle in
Kotido, Panyangara sub-county.
There was no action taken against the UPDF soldiers responsible for
the following 2001 killings: The January killing of 29 Karamojong
warriors involved in cattle raids and ensuing clashes in Moroto and
Katakwi districts; the April killing of 6 Karamojong warriors during
encounters with the UPDF in the Katakwi District; and the September
killing of 18 Karamojong warriors when a UPDF helicopter gunship fired
upon villagers in Nakapiripirit District.
In August the UPDF submitted to the International Committee of the
Red Cross (ICRC) a report of investigations into the April 2001
killings of six relief workers in the Ituri District, DRC; however, the
report was not conclusive. ICRC field operations remained suspended,
and ICRC offices maintained only a liaison presence at year's end.
Unlike in the previous year, there were no confirmed reports of
UPDF abuses in the DRC. Independent observers often found access
difficult due to hazardous security conditions and frequent impediments
imposed by authorities. Both pro- and anti-DRC government forces
extensively used propaganda disseminated via local media, including
accusations of abuse by opposing forces, further complicating efforts
to obtain accurate information regarding such events. In September the
Government and the DRC agreed to set up a joint ``pacification
mission'' to promote peace in Ituri region.
There were reports that violence between the Hema and Lendu tribes
in northeastern DRC that was under UPDF influence resulted in the
deaths of thousands of Congolese civilians.
Private Otim Okello's death sentence for killing six Congolese
civilians had not been carried out by year's end.
There was no action taken against members of the UPDF for abuses
committed during the 2000 fighting in Kisangani, DRC.
LRA attacks increased during the year. There were numerous LRA
attacks on villages, IDP camps, and refugee camps in which persons were
killed, injured, raped, or abducted (see Sections 1.b. and 2.d.).
During the year, LRA attacks resulted in the deaths of approximately
750 persons, including children, numerous injuries, and the destruction
of homes and property. While new incidents of mutilation were not
reported, the LRA committed numerous atrocities. For example, on
February 23, LRA rebels killed eight persons during an attack on Agoro
Market in Kitgum District. Eyewitnesses reported that the rebels forced
parents to kill their own children by beating their heads against
trees.
In March LRA rebels reportedly killed an estimated 50 children
captives in the Imatong and Acholi Mountains in Sudan on the orders of
Joseph Kony. A significant number reportedly died of hunger.
On October 13, LRA rebels burned to death 52 civilians during an
attack in Mucwini Trading Center.
Protected villages, IDP camps, and refugee camps also were the
targets of large-scale rebel attacks during the year (see Section.c.).
On July 8, LRA rebels killed five refugees and a UPDF soldier during an
attack on the Maaji Refugee Resettlement Camp in Adjumani, West Nile.
On August 5, LRA rebels killed 60 persons and injured several
others during an attack on Achol-pii Refugee Camp in Aruu County, Pader
District.
In September LRA rebels attacked a World Food Program (WFP) convoy
and killed one of the drivers.
No action was taken against LRA rebels responsible for the
following 2001 killings: The March killing of 9 persons in Pader
District; the March killing of 12 persons and injuring of several
others in the Murchison Falls National Park; the June killing of 3
Sudanese refugees and injuring of 7 others at the Maaji Refugee Camp;
and the September killing of 1 relief worker and 4 civilians in Gulu.
There were no developments in the case of the LRA rebels who killed
Father Raffale Di Bari of the Comboni Missionary Fathers, Kitgum RDC
J.B. Ochaya, and seven others in 2000.
During the year, there were at least two reports of landmine use by
the LRA. There continued to be deaths and injuries resulting from
previously laid landmines. In March one person was killed and another
seriously injured by a landmine allegedly laid by LRA rebels in Pawele,
along the Gulu-Juba highway.
During the year, one person was killed during crossfire with ADF
rebels (see Section 1.b.).
No action was taken against the alleged ADF members who in March
2001 killed 10 persons, injured several others, and burned 54 vehicles
during an attack on Kasese.
Raids by armed Karamojong raiders continued during the year in
Katakwi, Kotido and Kapchorwa districts in the northeast and resulted
in more than 50 deaths and more than 80,000 IDPs (see Section 2.d.).
Unlike in the previous year, there were no reports that the
Karamojong raiders killed relief workers in road ambushes. The
Government continued its disarmament program for the Karamojong to stop
the raids and killings.
There were no developments in the November 2001 case in which
unidentified rebels killed a Catholic priest and two other foreign
persons.
Unlike in the previous year, there were no reports of Rwandan Hutu
rebel attacks in the country. There were no developments in the case of
the Rwandan Hutus who killed two civilians in 2001 in Kisoro District.
Unlike in the previous year, there were no reports of urban
bombings in Kampala and other cities; however, on August 12, one person
was killed, and five others were injured when a bomb exploded in a
house in Iganga District. No one claimed responsibility for the
incident.
There were no developments in the cases against persons allegedly
responsible for the 2001 series of bombings in the Kampala and Jinja
urban centers and Sironko District that resulted in several deaths.
There were no developments in the 2000 grenade attacks in Kampala
and Gulu that resulted in the deaths of nine persons.
Incidents of vigilante justice increased and were reported almost
daily during the year (see Section 1.c.). In April the Inspector
General of Police Major General Edward Katumba Wamala estimated that
more than 1,000 persons had been killed by mob violence since 1991 and
called for an end to the practice. Mobs often targeted and attacked
criminals or alleged witches. There were numerous instances in which
mobs beat or burned to death petty theft suspects. For example, on July
6, a mob cut with machetes, doused with petrol, and burned to death a
suspected thief in Nyendo, Masaka District.
Unlike in the previous year, authorities prosecuted persons who
engaged in mob violence. For example, on June 24, the High Court in
Jinja convicted six persons of the mob murder of four persons in Kamuli
District in 2000 and sentenced them to death. On September 30, the High
Court in Kampala charged four men with the mob murder of a taxi driver
who allegedly had killed a neighbor's child in Rubaga. However, there
was no action taken against persons responsible for the October 2001
mob killing of a suspected thief near Kampala.
There were increased reports of ritual killings of children during
the year (see Section 5).
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances due to action by government forces; however,
there were numerous disappearances during the year. For example, on
September 1, security officials who claimed to be ``Operation Wembley''
operatives reportedly abducted Steven Mukama, Vincent Kasozi, and Henry
Subi from their homes in Kampala. On September 12, the Uganda High
Court ordered the police and other security agencies to produce in
court the three missing persons. On September 16, the three appeared in
court and were charged with terrorism, aggravated robbery, and illegal
possession of arms. The case still was pending at year's end.
There were no developments in the February 2001 disappearance of
Ahmed Mugere and Richard Mutebi, two supporters of opposition leader
Besigye.
UNICEF reported that as many as 30,839 children and adults have
been abducted since 1986 by rebel groups. Approximately one-third of
the abductees were children, and 20 percent of the adults taken were
female. UNICEF also stated that of these, 28,903 abductees were from
the north, while 2,036 were from the southwest. Approximately 13,611
persons remained missing and presumed dead at year's end, more than
5,000 of which were children.
UNICEF estimates that 4,500 children were abducted (including long-
term and short-term abductions) in the north during the year; some of
the children were released and returned home. There were an estimated
7,800 abductions overall from the north during the year. On September
14, LRA rebels abducted two elderly Italian priests and several
citizens. The priests were released the next day, and some of the
citizens were released by the end of September. The fate of the others
was unknown.
During the year, the LRA significantly increased its abductions of
civilians for training as guerrillas and as sex slaves, cooks, and
porters; most victims were children and young adults. The LRA abducted
an estimated 1,086 persons, including children and young girls (see
Section 1.c.).
For example, on August 6, LRA rebels abducted four workers of the
International Rescue Committee (IRC) following an attack on the Achol-
pii Refugee Camp (see Section 1.a.). On August 11, the aid workers were
released in Kazi Kazi.
The ADF abducted civilians on one occasion. On May 13, five ADF
rebels abducted two girls during an attack on Bujonjo Trading Center in
Nyamiramira Parish, Kagadi sub-county. The UPDF rescued one of the
girls; the other girl was killed during the crossfire.
Under the 2000 Amnesty Act, government assistance was provided to
former rebels to assist their return to the country. On May 9, UNRF-II
Chairman, Major General Ali Bamuze, returned from Sudan to discuss
amnesty and released more than 135 child soldiers to UNICEF for
rehabilitation. On December 24, Bamuze signed a peace agreement with
the Government.
Unlike in the previous year, there were no reports that Karamojong
warriors abducted women as part of their traditional practice in which
they claim unmarried women as wives by raping them.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however,
security forces commonly beat criminal suspects, often to force
confessions. There were a few reports that security forces tortured
suspects, primarily during the period prior to and after the March
local council elections.
For example, on March 18, UPDF soldiers and members of the LDU from
Moroto District allegedly beat and robbed civilians in Achowa sub-
county; the authorities in Katakwi District were investigating the
allegations at year's end.
In May UPDF soldiers allegedly forced Esther Angela to swallow
beads she was wearing and assaulted her co-wife Grace Aleper, whom they
accused of violating a new, military-imposed dress code intended to
apply only to men, during the ongoing disarmament exercise in Karamoja.
In September the UPDF 3rd Division Commander ordered the detention of
the nine soldiers, including his aide, who had been acquitted of a
court martial for assaulting the two women on August 29. The case was
pending at year's end.
On August 23, Lt. Julius Mwali, a UPDF Intelligence Officer
attached to the 21st Battalion in the southern district of Kabale,
allegedly tortured a student; Mwali later was arrested.
Police arrested several persons who claimed to have been tortured
or beaten while in custody. There were fewer reports during the year
that members of the LDUs, who frequently lacked training, mistreated
prisoners and detainees.
Police and security forces at times harassed and detained
opposition activists and journalists (see Sections 1.d. and 2.a.).
There were allegations that UPDF soldiers raped and tortured
persons in protected villages, IDP camps, and refugee camps that were
the targets of large-scale rebel attacks during the year (see Section
1.a.).
On January 10, the police Human Rights Desk released a report on
the 317 complaints received in 2001, including allegations of excessive
force, torture, assault, rape, and murder. According to the report, of
the 317 complaints received, 250 were resolved and 67 were pending
investigations. During the year, the desk received 386 new complaints;
however, details of the new police report were not released by year's
end.
Police processed 101 cases of election-related violence in 2001.
During the year, the NGO Election Monitoring Group-Uganda (NEMGROUP)
recorded numerous incidents of election-related violence, including
murder, attempted murder, harassment, intimidation, riots, and attacks
against property.
In conjunction with the UHRC, the police continued a training
program for police officials to foster respect for internationally
recognized human rights standards. The UHRC and NGOs conducted similar
programs with UPDF officials during the year.
The Government investigated some cases of abuse, and tried and
punished some offenders (see Sections 1.a. and 3). In May 2001, the
Ministry of Internal Affairs released the 1999 Judicial Commission of
Inquiry report into corruption in the police force. The Commission
recommended reform of the police force, including the removal of senior
police officers found to be incompetent or who had acquired wealth
fraudulently. Five high-ranking police officers subsequently were
fired. During the year, four police officers interdicted in 2001 were
reinstated; however, three others retired, and one was dismissed
following investigations by the disciplinary committee of the police
force.
The UHRC Tribunal awarded compensation to several persons who had
been abused by police. For example, on April 16, the UHRC Tribunal
awarded approximately $18,000 (33 million shillings) to James Kamengo
as compensation for torture and inhuman degrading treatment by Lugazi
Police, Mukono District in 1999.
On May 22, the UHRC Tribunal awarded approximately $16,000 (30
million shillings) to Private Godfrey Birungi as compensation for
having been detained for 3 years, tortured, and deprived of his
property by the UPDF in 1997.
On August 29, the UHRC tribunal awarded approximately $2,222 (4
million shillings) as compensation to Yitzach Ocircan, whom police
arrested, detained, and tortured for 12 days in 1998.
However, the Government failed to prosecute some persons who had
committed abuses. For example, on April 26, the DPP dropped the charges
of inciting violence against Ken Lukyamuzi, M.P. Rubaga Division,
Kampala District, who in February 2001 urged the public to injure or
kill any foreigner who attempted to vote in the presidential election
at a rally in Kampala. No reason was given for the withdrawal of
charges. Nasser Sebaggala, who faced similar charges, was convicted of
inciting violence in 2001 but was released with a warning.
There were no developments in the April 2001 incident in which LDU
members killed two persons and injured another in Rwenkuba sub-county,
Burahya, Kabarole District.
There were no further developments or action taken in the following
2001 election abuses: The January intimidation of opposition candidates
in Rukungiri by members of the Presidential Protection Unit (PPU); the
January case in which seven supporters of opposition leader Besigye
were shot; the January beating of supporters of President Museveni; the
January attacking of former candidate Chapaa Karuhanga's campaign team
by armed gunmen; the February beating of supporters of opposition
leader Besigye by Museveni supporters in Luwero; and the July 2001
harassment of Lydia Kamanyi, deputy campaign manager to presidential
candidate Aggrey Awori.
There was no action taken against the UPDF soldiers in the
following 2001 cases: The March case in which PPU members opened fire
and injured several persons in Rukungiri; the March intimidation of
voters by the UPDF soldiers in Gulu; the June injuring of 14 persons at
the Pabbo IDP camp during violent clashes between supporters of
parliamentary candidates; and the June allegation that UPDF soldiers
beat voters in Mbarara, Lira, Kyoga, and Otuke.
There were no new developments in the following 2000 cases: The
case in which Major Kakooza Mutale allegedly detained and tortured
businessman Charles Mpunga at Mbuya Military Barracks; the case in
which a police constable in Kayunga, Mukono District, allegedly
tortured two civilians; the case in which the UPDF reserve force
commander for Tororo district was arrested for torturing and beating of
civilians and two police officers; and the case in which Major Dick
Bugingo, a commanding officer in the PPU, was summoned by the UHRC
tribunal on charges that he tortured Sergeant Godfrey Mubiru.
There were no reports of any action taken against the responsible
members of the police who beat or otherwise abused persons in the
following cases from 2000: The March forcible dispersal of an
unauthorized rally in Mbarara; the April beating of Ahmed Washaki, an
official of the Uganda People's Congress (UPC); the June beating and
arrest of 11 Makerere University students; and the September forcible
dispersal of a Uganda Young Democrats (UYD) meeting in Gulu.
In accordance with the Lusaka Accords, the Government withdrew most
of its troops from the DRC during the year; however, approximately
1,500 soldiers remained in Bunia and on the western slopes of the
Rwenzori Mountains.
In 2001 the U.N. released a report that accused various foreign
armies in the DRC, including the UPDF, of exploiting the DRC's minerals
and other resources, as well as committing human rights abuses. In May
2001, the Government set up the ``Judicial Commission into Illegal
Exploitation of DRC's Natural Resources and Other Forms of Wealth by
Uganda'' to investigate the allegations. The report was completed in
December but had not been released by year's end.
No action was taken during the year against members of the UPDF
responsible for abuses committed in Kisangani in 2000.
There were no developments in the 2000 case in which two senior
UPDF Officers were arrested for their involvement in violence between
the Hema and Lendu in the DRC.
Reports of violations of humanitarian law decreased in the west,
but remained a problem in the north due to the upsurge in LRA activity
and the disarmament of the Karamojong in the northeast. The number of
reported violations by the Government increased during the year in
response to increased activities and abductions by the LRA. There were
reports that civilians were injured during fights between UPDF forces
and rebels (see Section 1.a.).
There were reports that the LRA committed numerous atrocities,
including the use of landmines. The LRA increased attacks and the
looting and burning of private homes, schools, and IDP and refugee
camps. The LRA continued to abduct children and, at clandestine bases,
forced them into virtual slavery as guards, concubines, and soldiers
(see Section 1.b.). 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. There also were
numerous LRA attacks in which persons were killed and injured and homes
and property were destroyed (see Section 1.a.).
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 or
misunderstanding of the justice system, these mobs engaged in stonings,
beatings, and other forms of mistreatment. Such mistreatment included
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.
Prison conditions remained harsh and life threatening for the
estimated 17,500 inmates in the various prisons and police cells
primarily as a result of the Government's seriously inadequate funding
of prison facilities. Prison conditions came closest to meeting
international standards in Kampala, where prisons provided medical
care, running water, and sanitation; however, these prisons also were
among the most overcrowded. By one estimate, the country's prisons held
approximately three times their planned capacity. The central prison
system continued to work with NGOs and the donor community to improve
prison buildings, water and sanitation systems, food, and uniforms;
however, progress was minimal during the year. Although the law
provides for access to prisoners by their families, ignorance of this
right and fear of prison authorities often limited family visits. The
UHRC reported that it received allegations that officers in charge of
police cells sometimes demanded bribes to allow visits.
In March the UHRC reported overcrowding, torture by wardens,
severely inadequate medical services, unhygienic conditions, and
``semi-starvation'' among prisoners in many prisons. The investigator
also received complaints from female prisoners that prison authorities
tortured them. In March the UHRC branch in Gulu investigated the 2000
torture allegations of four inmates and wrote to the Officer in Charge
of Lira government Prisons, who demoted Alfred Obura and transferred
others who were responsible to different departments. Long remand
periods also were a problem. For example, Gorretti Kabananuka, an
elderly female inmate, had been on remand for 6 years in Kakiika prison
in Mbarara.
Prisoners at most of the prisons grew maize, millet, and
vegetables; however, the UHRC accused prison farms of overworking
inmates (see Section 6.c.). Skilled prisoners earned approximately
$0.14 (500 shillings), and unskilled prisoners earned approximately
$0.06 (100 shillings) per day.
The Community Service Act reduces prison congestion by allowing
minor offenders to do community service instead of being imprisoned.
Since the act was implemented in November 2001, 301 offenders have been
sentenced to community service in the pilot districts of Mukono, Mpigi,
Masaka, and Masindi.
There were a number of deaths in custody, some due to torture (see
Section 1.a.).
Authority over the local prison system remained with the Ministry
of Local government. Both civilian and military prisons were believed
to have high mortality rates from overcrowding, malnutrition, diseases
spread by unsanitary conditions, HIV/AIDS, and lack of medical care;
however, accurate estimates were unavailable. In October Assistant
Commissioner of the Uganda Prisons Department Mary Kaddu reported the
deaths in custody of 37 inmates due to health reasons in Kampala's
Luzira Prison during the year; 30 of the 37 died of HIV/AIDS-related
diseases. Government agencies 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 during the year.
Female prisoners were held in segregated wings with female staff in
most prisons. According to human rights advocates, rape generally was
not a problem, although female prisoners also suffered from severely
substandard conditions. Due to lack of space in juvenile facilities,
juveniles often were kept in prisons with adults. The central prison
system maintained one juvenile prison and four lower security remand
homes. School facilities and health clinics in all five institutions
were defunct; prisoners as young as age 12 performed manual labor from
dawn until dusk. Severe overcrowding also was a problem at juvenile
detention facilities and in women's wings. The remand home in Kampala,
designed for 45 inmates, held approximately 140 children. In Kampala
penal institutions, pretrial detainees were kept separate from
convicted prisoners; however, in the rest of the country, due to
financial constraints, pretrial detainees and convicted prisoners
sometimes were held together.
The Government permitted full access to prisons by the ICRC and
local NGOs, principally the Foundation for Human Rights Initiative
(FHRI) and the Uganda Prisoners' Aid Foundation. The UHRC visited
numerous prisons and reported on its findings publicly. Prison
authorities required advance notification of visits, a process that
often was subject to administrative delays.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits such practices; however, members of the security forces
arrested and detained citizens arbitrarily. Under the Constitution,
search warrants issued by competent Judges or prosecutors are required
to make an arrest; however, in practice suspects often were taken into
custody without them. 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). The
Constitution also provides that suspects must have access to a lawyer;
however, there was no provision for family visitation. The Constitution
provides for bail in all but capital cases and cases of treason. If the
case is presented to the court before the expiration of this period,
the Constitution does not limit pretrial detention. The Constitution
also provides that detainees be informed immediately of the reasons for
their detention; however, in practice the authorities did not enforce
these procedural protections. In March Parliament passed the Anti-
Terrorism Act, which permits suspects to be held for not more than 48
hours without charge, repeals section 28 of the Penal Code that limits
the definition of terrorism to illegal possession of firearms, and
requires the death penalty for all convicted terrorists. On October 4,
the General Court Martial in Kampala remanded UPDF Deputy Director for
Sports Captain Moses Kabusenene under this act, after he was charged
with terrorism, aggravated robbery, and illegal possession of a
firearm.
Legal and human rights groups, including the UHRC, strongly
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 substantially contributed to prison overcrowding (see Section
1.c.). Pretrial detainees comprised 70 percent of the prison
population. The average time in pretrial detention was between 2 and 3
years. An estimated 11,300 of the approximately 17,500 persons being
held in the central prisons and in the local government-run prisons
were pretrial detainees. During the year, the UHRC heard several cases
brought by prisoners challenging the length of their detention (see
Section 1.c.).
During the year, there were reported detentions of civilians in
military barracks and unregistered places of remand. There were
credible allegations that the CMI ordered detainees held incommunicado
in police stations or so-called safe houses.
Arbitrary arrest was a problem, and police at times harassed and
detained opposition activists (see Section 2.b.). During the local
council election campaigns, there were many reports of arbitrary
detention; however, few were reported to human rights groups or were
verified independently.
For example, on February 13, five persons, including Abdelatif
Sebaggala, M.P. of Kawempe North, were arrested, taken to CMI cells,
and later released without charges. The men who arrested them allegedly
belonged to the extrajudicial group, Kalangala Action Plan, which was
under the direction of Presidential Advisor on Political Affairs Major
Kakooza Mutale and most often was used during elections to sway votes
and harass citizens.
On March 31, CMI Officers in Rukungiri District, southwestern
region, arrested James Musinguzi, former campaign manager of opposition
leader Besigye for allegedly mobilizing youth for subversive purposes.
He was released after a few hours.
On June 14, Alice Nakyanzi Katooda, a former Besigye campaign
manager, and her husband were arrested for alleged subversion. On
August 23, the ISO released them after 2 months in detention in the
southwestern district of Ntungamo.
On September 7, security forces arrested and charged 14 opposition
youths with treason in Gulu. The case was pending at year's end.
On September 17, police arrested and released after 4 hours Francis
Malinga Egosot, a former Besigye Presidential Task Force Secretary, in
Entebbe. On October 4, Egosot wrote to the Inspector General of Police
asking him to investigate the alleged harassment. The case was pending
at year's end.
Police at times detained journalists (see Section 2.a.).
Arbitrary mass arrests, known as ``panda gari,'' remained a
problem. On February 11, security forces arrested more than 150
suspected criminals, including 20 suspected sex workers, in Lira Town.
The operation was prompted by a wave of robberies and murders. There
were no reports of any court action.
On February 18, security forces arrested 128 suspected criminals in
Jinja. The suspects reportedly were screened and released, and those
without proper documents were sent to court.
On March 22, security forces arrested 38 persons at Lambu Landing
Site, Mukono District. Those arrested were suspected prostitutes, drug
addicts, and petty thieves. There were no reports of further judicial
action.
The UPDF routinely detained for debriefing LRA fighters and their
abductees, including adults and children, at the Gulu military barracks
(see Section 5). There were several reports during the year that
abductees, mostly children, escaped from the LRA or were freed and
returned to their families.
There were fewer reports during the year that LDU members arrested
citizens.
On January 16, Kampala Police released Bob Kabushenga, a former
campaign manager of opposition leader Besigye, who was arrested from
his home in Kampala in December 2001, on allegations that he was
involved in the murder of Lt. Godfrey Ngabirano. On April 17, he filed
a case against the Attorney General for illegal detention.
On July 24, a court sentenced five members of the Ndawula Religious
Group, who had been charged in 2001 with unlawful assembly, to a fine
of $111 (200,000 shillings) or 6 months imprisonment.
On September 2, the court adjourned until October 31 the hearing of
the February 2001 case in which Hajji Ramathan Muwonge, former campaign
manager of opposition leader Besigye, sued the Government for wrongful
detention and assault and demanded $14,500 (250 million shillings) in
compensation. No action had been taken on this case by year's end.
On September 3, the hearing of the September 2001 case in which
Winnie Byanyima, M.P. for Mbarara Municipality and Besigye's wife, had
been charged with unlawful possession of a firearm and seven bullets,
was adjourned until October 31, when Byanyima's defense witness failed
to appear. The case was ongoing at year's end.
The UHRC reported that Frank Byaruhanga, who was arrested and
remanded to Kigo Prison on treason charges in November 2001, was in
good health. His case still was pending at year's end.
There were no developments in the following 2001 cases of arbitrary
arrest and detention: The February case in which PPU members reportedly
arrested and detained for 2 days Lieutenant Bariba Kafara, Besigye's
chief campaigner in Rukungiri; the February case in which Presidential
Advisor on Political Affairs Mutale allegedly commanded UPDF soldiers
to arrest several Besigye supporters in Tororo; the June detention of
Hajji Muhammad Kimbugwe by the DMI; and the July mass arrests of
persons in Kampala, Kasese, and Masaka.
There were no developments in the following 2000 cases: The case in
which police arrested and later released Sam Lyomoki, Worker's M.P. and
General Secretary of the Uganda Medical Union, after he protested in
front of State House (the President's residence); the case in which
authorities arrested several religious leaders and church members for
incidents including killings, defilement, rape, abduction, theft, and
unlawful assembly; and the case of 30 youths arrested in Gulu after
they were found without identification papers.
The Constitution does not prohibit forced exile; however, the
Government did not use exile as a means of political control. During
the year, several UPDF officers and Besigye supporters left the
country. For example, on February 1, Sabiiti Mutegesa, UPDF's former
Director of Records, left the country following an investigation
against him over alleged corruption. In February Lt. Muhire Mugire,
former ISO Director of Personnel also went into exile. In May Dennis
Murindwa, Besigye's cousin who was charged with treason for the alleged
recruitment of youths into rebel activity, was released when the court
found he had been held beyond the mandatory 48 hours and then
reportedly left the country. In September the independent Monitor
newspaper reported that Mbareeba Kifaka, a Reform Agenda member, left
the country following alleged harassment by security personnel. Kifaka
was arrested for alleged subversion and later released in August in
Rukungiri.
Former presidential candidate Kizza Besigye and a number of persons
on his National Task force, including Rabwoni Okwir, Deus Bainomugisha,
and Ann Mugisha, remained in self-imposed exile during the year. James
Opoka reportedly was collaborating with the LRA in the north during the
year.
Some former rebels returned to the country during the year under
the 2000 amnesty (see Section 1.e.).
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the President had extensive legal
powers that influenced the exercise of this independence. The President
nominated, for the approval of Parliament, members of the Judicial
Service Commission, which made recommendations on appointments to the
High Court, the Court of Appeal, and the Supreme Court. The lower
courts remained understaffed and weak.
The highest court was the Supreme Court, followed by the Court of
Appeal (which also functioned as the Constitutional Court for cases of
first instance involving constitutional issues), the High Court, the
Chief Magistrate's Court, local council (LC) level 3 (sub-county)
courts, LC level 2 (parish) courts, and LC level 1 (village) courts. A
minimum of six justices could sit on the Supreme Court and the Court of
Appeal. In addition, there were a few specialized courts that dealt
with industrial and other matters. The Industrial Court (IC), which
arbitrated labor disputes, structurally was parallel to the chief
magistrate's court. A system of commercial courts resolved commercial
disputes, improved commercial justice, and reduced case backlogs. There
also was a military court system.
The LC courts often were marred by bribery and male dominance in
rural areas. The LC courts had the 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 exceeded their authority by hearing criminal
cases, including murder and rape. LC court decisions could be appealed
to magistrate's courts; however, often there were no records made at
the village level, and defendants were not aware of their right to
appeal.
The civilian judicial system contained procedural safeguards,
including bail and the right of appeal; however, an inadequate system
of judicial administration and a lack of resources, resulting in a
serious backlog of cases, circumscribed the right to a fair trial. The
case backlog in the High Court continued to diminish; the number of
criminal cases pending decreased from 149 in 2001 to 87 by year's end.
Most courts rarely observed the constitutionally prescribed limits on
pretrial detention. All nonmilitary trials were public.
Many defendants could not afford legal representation. The
Constitution requires that the Government provide an attorney for
indigent defendants accused of capital offenses, but there rarely was
enough money to retain adequate counsel. The Uganda Law Society
operated legal aid clinics in four regional offices, although its
services remained limited due to funding constraints. It assisted
military defendants as well as civilians. The local chapter of
Federation International de Abogadas/Uganda Women Lawyers Association
(FIDA-U) and the FHRI also practiced public interest law from offices
in Kampala. The Law Development Center operated a legal aid clinic to
address cases involving children and those accused of petty crimes. A
public defense service also operated; however, it lacked government
funding and relied solely on donor support.
The military court system did not assure the right to a fair trial.
Although the accused had the right to legal counsel, some military
defense attorneys were untrained and could be assigned by the military
command, which also appointed the prosecutor and the adjudicating
officer. The law establishes a court-martial appeals process; however,
the sentence passed by a military court, which could include the death
penalty, could be appealed only to the High Command. Under exigent
circumstances, a field court martial could be convened at the scene of
the crime; however, the law does not permit an appeal under this
provision.
On August 23, the Government utilized a National Resistance Army
(NRA) statute granting jurisdiction over civilians found in possession
of military property (including weapons and uniforms) and instituted an
extraordinary court martial tribunal to try some suspects detained
under Operation Wembley (see Section 1.a.). At least 450 suspects were
arrested and detained on various counts including terrorism, aggravated
robbery, murder, illegal possession of firearms and desertion, and on
September 16, the tribunal began hearing some cases. On October 17,
detainees challenged the legality of the extraordinary court martial.
However, the Directorate of Public Prosecution, however, ruled that the
tribunals were legal under the 1992 NRA statute.
The Government continued to arrest and charge persons for treason,
especially captured rebel fighters and opposition supporters (see
Section 1.d.). During the year, numerous human rights abuses continued
to be committed in connection with treason cases, including political
detention, detention without charge, detention in unregistered and
unofficial places of remand, and mistreatment, including torture. At
year's end, prison officials reported that there more than 120 persons
detained on charges of treason. Detainees included members of the
Islamic Tabliq group, some of whom were released and then rearrested
(see Section 2.c.).
In 2000 the President signed an amnesty law, which applies to all
persons involved in insurgencies since the Movement came into power in
1986. In July the amnesty law was extended for a 6-month period. Since
the establishment of the amnesty Commission, 4,714 former rebels or
collaborators accepted amnesty, of which 141 were already in prison in
2001 on charges of treason. During the year, no former rebels in prison
on treason charges were pardoned, but there were pending applications.
On April 19, approximately 1,350 UNRF-II rebels based in Southern Sudan
returned to the country with their families to negotiate resettlement
terms under the Amnesty Program, which increased the number of persons
at a camp in Yumbe supported by the UPDF under a de-facto ceasefire to
2,500. The Government also released some persons convicted of treason
and other suspects; however, by year's end, the Government had made
limited progress in implementing provisions in the amnesty act related
to the repatriation and resettlement of former rebels because of
funding constraints.
There was one political prisoner. Bright Gabula Africa, whose death
sentence for treason (plotting an armed coup) was upheld by the Supreme
Court in 1995, remained imprisoned pending the outcome of his appeal to
the Advisory Committee on the Prerogative of Mercy, a largely
autonomous constitutional body.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice; however,
there were some exceptions. The law requires that police obtain search
warrants before entering private homes or offices; however, at times
police did not obtain warrants prior to searches.
During the presidential, parliamentary, and local council election
campaigns, there were credible reports that security officials searched
homes and applied routine traffic roadblocks without warrants. The
police also sometimes searched vehicles without prior warrants. During
the year, police searched a newspaper office without a warrant (see
Section 2.a.).
On March 20, Parliament passed the Anti-Terrorism Act, which
authorizes certain law enforcement officials to intercept communication
in order to detect and prevent terrorist activities. Prison officials
routinely censored prisoners' mail.
The Government required that employees in the President's office
register their political affiliation in writing.
The Government at times punished family members of suspected
criminals. On July 13, John Bagashasha, a relative of Lt. Col. Anthony
Kyakabale, an alleged UPDF deserter believed to be organizing a rebel
force against the Government, was arrested for alleged subversion. In
August the DMI released him.
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
did not respect these rights in practice.
On occasion persons were arrested for criticizing the Government.
For example, on February 8, police in Kampala questioned M.P. Michael
Mabikke over seditious statements he allegedly made about President
Museveni on January 31, in Kampala. He was released after 6 hours and
issued a warning.
Most public media generally were free and outspoken. There were
many privately-owned publications and broadcasters. The New Vision, a
government-owned daily newspaper with a circulation of 35,000, was of
fairly high quality and sometimes included reporting that was critical
of the Government. The independent Monitor newspaper, with a daily
circulation of approximately 30,000, consistently was critical of the
Government. The East African, a Kenya-based weekly publication that
provided extensive reporting on the country, continued to circulate
without government hindrance.
In October the police raided the independent Monitor newspaper and
shut down its publication for 1 week. The police, who did not obtain a
search warrant, confiscated computers, mobile phones, diskettes, and
print materials. Two editors and a journalist were charged with
publication of false information that was considered a threat to
national security. The Monitor subsequently was closed down and
reopened 1 week later.
A print media law and a broadcast media law require journalists to
be licensed and to meet certain standards, such as holding a university
degree in journalism or the equivalent. The law also provides for a
Media Council that can suspend newspapers and deny access to state
information; the Media Council was staffed but not operational during
the year. Government officials began to enforce the law at year's end.
In November President Museveni ordered stations to stop interviewing
``exiled political dissidents'' who failed to renounce terrorist and
subversive activity, specifically opposition leader Kizza Besigye.
Police at times harassed journalists by detaining them for several
hours of questioning. In July an editor and a reporter from the Monitor
were summoned by the police for questioning about a news story titled
``Uganda Training Rwandan Rebels, Kigali tells UK,'' in which the
journalists allegedly published false information. No formal charges
were made.
Government ministers continued to speak out publicly against
obscenity and for ``press responsibility'' in terms of moral content of
media. On February 26, police investigators summoned the editor of
Bukedde, the Luganda-language sister newspaper of the state-owned New
Vision, for the publication of pornographic material; however, Bukedde
was not charged.
The charges against the editor of the Red Pepper tabloid, who in
October 2001 published obscene photographs, were dropped or suspended.
Unlike in the previous year, there were no reports that security
forces forcibly removed journalists from open meetings and press
conferences.
The Government continued to operate Radio Uganda, the only national
radio station, and one television station (UTV), whose reporting was
not considered to be independent. At year's end, there were at least 50
radio stations, mostly private, operating throughout the country.
Monitor FM radio, belonging to the Monitor publications group,
continued to operate throughout the raid and closure of the Monitor
newspaper. There were four local private 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 in Kampala broadcast daily or
weekly political talk shows, including live off-site radio public
debates called ``bimeeza'' (``peoples' parliament''), which often were
very critical of the Government. In August some government and police
officials raised security concerns about the programs; however, other
officials championed bimeeza as a forum to promote government policies.
In late December, the Secretary of the National Broadcasting Council, a
governmental body, informed three radio stations that they must stop
broadcasting from off-site locations. Under protest the stations
modified their bimeeza programs in subsequent weeks by moving them to
station premises or taping them in advance. On December 19, the
Minister of Information said the Government would begin enforcing media
laws and restricting bimeeza, citing legal and security concerns.
Uncensored Internet access was available widely in major cities
through several commercial service providers; however, it continued to
be beyond the reach of most noninstitutional users, despite declining
costs as competition increased. There were more than a dozen cyber
cafes in Kampala and a few other cities, and several NGOs offered
Internet access.
The Government did not restrict academic freedom. There were two
public and more than nine private universities. Students and faculty
sponsored wide-ranging political debates in open forums. On October 14,
Makerere University students organized a demonstration to protest the
police raid on the Monitor newspaper; however, the students cancelled
it. One newspaper article said the demonstration was cancelled because
of police threats to stop it, while others believed that the Monitor
management asked students to let the newspaper resolve their problems
quietly with the Government. Unlike in the previous year, police did
not forcibly disperse student demonstrations.
Political education and military science courses known as ``Chaka
Mchaka'' continued during the year on a national level; however, the
courses were not mandatory. These courses were criticized as
indoctrination in Movement political philosophy.
b. Freedom of Peaceful Assembly and Association.--The Constitution
restricts freedom of assembly, particularly for political groups.
Permits were not required for public meetings; however, groups were
required to notify the police prior to such gatherings. Police denied
permission to hold public rallies to several non-Movement groups during
the year; however, in practice many groups held rallies and large
gatherings, only some of which were declared illegal or disrupted by
authorities. For example, on February 1, opposition members Paul
Ssemogerere of the Democratic Party (DP), Karuhanga Chapaa of the
National Democrats Forum, Muhammed Kibirige Mayanja of the Justice
Forum, and James Rwanyarare of the UPC, held a meeting in Kampala to
discuss President Museveni's remarks on political parties, and
authorities did not interfere.
On May 14, Karamojong locals demonstrated in Moroto against UPDF
soldiers whom they accused of looting property, beating and molesting
civilians, and assaulting women and girls following a May 13 operation
in which Karamojong men and women were detained and undressed by
soldiers after the 3rd Division Commander's aide de camp gave erroneous
orders. The UPDF rearrested the soldiers and scheduled to retry them.
The Constitution also forbids any activities that interfere with
the Movement system; the Government interpreted this provision to
undermine political groups' interests. The Constitution bans political
parties from holding national conventions, issuing platforms, endorsing
candidates, or opening branch offices outside the capital, and on
several occasions, police disrupted or intervened and dispersed
opposition demonstrations and other events. On June 6, the President
approved the Political Organizations Act (POA), which regulates
political party activities. The POA permits political parties to
establish their headquarters and operate in Kampala; however, the law
does not allow parties to operate or campaign at the district level or
below. Furthermore, it requires parties to submit a list of names and
addresses of at least 50 members from each of at least one third of all
districts in the country. On July 2, the opposition DP and lobbying
group Reform Agenda filed a petition in the Constitutional Court to
challenge the constitutionality of the POA.
During the year, there continued to be credible reports that
security personnel, including UPDF soldiers, intimidated members of the
opposition and disrupted their rallies and political events. For
example, On January 1, police arrested Rubaga South M.P. Ken Lukyamuzi
on charges of trying to convene an illegal assembly at the
Constitutional Square in Kampala. On January 18, police in Kampala
lifted a police bond on the M.P.
On January 12, one person was killed and several others injured
when police opened fire to disperse a crowd gathered for a planned UPC
rally at the UPC headquarters in Kampala. The police also arrested
several members of the UPC, including the Chairman of the Presidential
Policy Commission, Dr. James Rwanyarare, and charged them with unlawful
assembly. On January 22, the charges were withdrawn for lack of
evidence. Three policemen were detained after the Inspector General of
Police stated that he had ordered the police not to carry ammunition
during the demonstration. They were released on bond pending
investigations, and there was no court action by year's end.
During the February LC 5 elections, security agents fired into a
crowd of celebrating supporters of the winning LC 5 candidate, killing
one man and injuring others in Kiboga District.
On March 21, anti-riot police in Rukungiri District stopped a
planned demonstration by supporters of former Rukungiri M.P., Winnie
Babihuga, who had mobilized to celebrate her victory in an election
petition filed in the High Court on March 20.
There were reports that local government officials dispersed
meetings of religious groups and sometimes denied groups the right to
assemble for security reasons (see Section 2.c.).
No action was taken against the members of the police who forcibly
dispersed demonstrations in 2001 or 2000.
The September 2001 ban on all meetings and elections within the
labor movement still was in effect during the year.
The Constitution provides for freedom of association; however, the
Government restricted this right in practice. NGOs were required to
register with the NGO Board, which included representation from the
Ministry of Internal Affairs as well as other ministries. The
Government approved most NGO registrations; however, in September the
Minister of State for Internal Affairs stated that the Government had
deregistered 25 NGOs in the public interest, none of which were human
rights groups. At least one of the groups, Caring for Orphans, Widows,
and Elderly Association (COWE) challenged its deregistration; on
October 14, COWE was reinstated.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, at times the Government limited this right in
practice.
Religious groups and foreign missionaries, like other NGOs, had to
register with the Government. The Government continued to refuse
registration to the World Last Message Warning Church, due to
continuing suspicions following the 2000 cult killings of more than
1,000 citizens in Kanungu. The Government appointed a Commission of
Inquiry to investigate the killings; however, the Commission's
investigation was delayed due to lack of funds. There were no reports
that the Government refused registration to any other religious
organizations.
The backlash from the 2000 cult killings resulted in negative
public attitudes toward fringe Christian groups. Some local governments
restricted the hours of operations and the practices of religious
organizations that were viewed as cults. Several churches, including
the Revival Pentecostal Church in Nseko, a church group based in Hima
public school in Busongone, and the Church of the Servants of the
Eucharistic Hearts of Jesus and Mary, remained closed during the year.
Muslims occupied positions of authority in local and central
government; however, some Muslim leaders claimed that the number of
positions did not reflect their percentage of the population.
In August the District Security Committee of Ntungamo banned night
prayers in all Evangelical churches. On August 19, the Resident
District Commissioner (RDC) John Kigyagi told the Government sponsored
New Vision newspaper that night prayers had become a security threat.
Night prayers in Masaka also remained banned at year's end.
There were several reports that security forces denied the right of
assembly to some religious groups, largely due to reasons of national
security. In April security authorities rejected a Muslim request to
march in Kampala to protest against Israel. The Muslims agreed to hold
a prayer meeting instead in downtown Kampala.
There were some reports that security officials harassed and or
detained Muslims. On July 12, 15 Tabliq Muslims who were acquitted of
treason by the High Court were rearrested by the Joint Anti-Terrorism
Task Force on allegations that they had made contact with ADF rebels.
The suspects were remanded for further questioning.
Police arrested suspected cult leaders during the year for
questioning. In May police arrested Aloysius Ndyabawe, a suspected cult
leader who allegedly confined and overworked his followers in Kamwenge
District. Ndyabawe was released after a few hours.
On July 16, Prophet Wilson Bushara, leader of the World Last
Message Warning Church, was arrested and detained on suspicion that he
was reorganizing his followers in Bukoto in Nakaseke County, Luwero
District. Bushara later was released from Luwero Central Prison.
Bushara had been released in January for lack of evidence in the 2000
case in which he was charged with defilement, rape, abduction, and
theft.
On July 24, a court in Kampala sentenced the five leaders of the
Ndawula religious group, who had been charged in 2001 with managing an
unlawful assembly in Wakiso, to a fine of $111 (200,000 shillings) or 6
months imprisonment.
In July 2001, the court dismissed for lack of prosecution the 2000
case in which Innocent Bitungwabariho was charged with participating in
an unlawful assembly.
Nabi Besweri Kiswabuli, leader of the Issa Massiya religious group
in Iganga district, was released from prison during the year after he
was cleared of any wrongdoing.
There were no developments in the following 2000 cases: The March
case in which Rukungiri Assistant Resident District Commissioner (ARDC)
Reverend Francis Mutazindwa was arrested and released on bail for
failing to act on information about the activities of the Kanungu cult;
the May case of five members of the Kisaaba Redeemed Church in Kayunga,
Mukono district; and the May case of five members of the Mulungimu Full
Gospel Church in Luweero.
There also were reports of societal violence against traditional
African religious institutions. For example, on September 16, a group
of foreign pastors and evangelical members attacked a traditional
healer's shrine in Masaka District; local residents stopped the attack.
Local police initiated an investigation into the incident.
For a more detailed discussion, see the 2002 International
Religious Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government at times limited them in practice. 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.
The decision of Kizza Besigye's 2001 petition to the UHRC Tribunal
against the Government for wrongful restriction of movement remained
pending at year's end, and he remained in self-imposed exile during the
year.
Attacks by LRA terrorists and armed Karamojong raiders caused many
Acholis and Iteso to leave their homes for urban centers, IDP camps,
and villages guarded by the UPDF and LDU's. Although the armed
Karamojong raiders did not attack the Acholi during the year, increased
incursions by the Karamojong raiders led to the displacement of
approximately 79,600 persons, particularly in Katakwi, Kotido and
Kapchorwa Districts. It was estimated that approximately half of
Katakwi, Kotido, Gulu, Kitgum and Pader district populations were in
IDP camps or protected villages due to attacks by LRA or Karimojong
warriors. At year's end, there were 814,199 IDPs as a result of
violence in the north and northeast, according to the U.N. Office of
the Coordinator for Humanitarian Affairs.
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.
Despite substantial NGO and donor community assistance, conditions
worsened due to increased LRA activity in the north. The Government
failed to provide adequate security to the protected villages or IDP
camps, which were the targets of large-scale rebel attacks (see Section
1.a.).
Approximately 27,700 persons were refugees in the DRC, Sudan, and
Kenya during the year.
There were no laws that provide for the granting 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, the Government granted such status in practice. The Government
cooperated with the Office of the U.N. High Commissioner for Refugees
(UNHCR) and with other humanitarian organizations in assisting
refugees. The Government continued to provide first asylum as well as
land for temporary resettlement to citizens from neighboring countries
and extended this practice to significant numbers of refugees during
the year. More than 85 percent of the approximately 200,000 refugees in
the country were from southern Sudan; there also were refugees from the
DRC, Rwanda, and Somalia as well as a small number from Burundi.
In November Human Rights Watch issued a detailed report entitled
``Hidden in Plain View: Refugees Living Without Protection in Nairobi
and Kampala'' describing the difficult living conditions of Kampala's
urban refugees, including arbitrary arrests and detentions.
During the year, there were reports of the forced return of persons
to a country where they feared persecution. In March the Government
handed over for repatriation three Rwandan Patriotic Army (RPA)
Officers, Michael Kanyamahanga, Joseph Akayezu, and Jean Baptiste
Habimana.
In November 2001, the Government signed a Memorandum of
Understanding on the Formation of a Joint Verification and
Investigation Committee with Rwanda, which gave each country free
access to inspect and investigate allegations of military and
subversive activities that occurred in the other country.
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; however, Movement domination of the Government and some
restrictive constitutional and statutory provisions limited citizens'
effective exercise of this right. There was universal suffrage for
adults who were 18 years of age and older. The Constitution does not
provide the right to vote to prisoners.
The President dominated the Government and Movement supporters
remained in control of the Parliament. The independence and
assertiveness of the legislature decreased significantly prior to the
June 2001 parliamentary elections; however, the Seventh Parliament
showed occasional signs of independence.
In 2001 the Constitutional Review Commission (CRC) began soliciting
the public's opinion and holding public hearings on amending the 1995
Constitution. The CRC was set up to examine the constitutional
provisions relating to sovereignty, political systems, democracy, and
good governance; its report was scheduled for release in June 2003.
The Government maintained, at government expense, the Movement
Secretariat, an organization that roughly paralleled government
institutions and was limited to those who supported the Movement. The
Government prohibited some non-Movement political gatherings, required
employees in the President's office to register their political
affiliation in writing, and dispersed numerous political meetings not
sanctioned by the Movement (see Section 2.b.). The 2000 referendum on
the role of political parties resulted in the indefinite extension of
the Movement form of government and the indefinite continuation of
restrictions on political parties (see Section 2.b.). The referendum
process was flawed by restrictions on political party activities and
unequal funding. In May the President signed the Political Parties and
Organizations law, which permits political parties to establish their
headquarters and operate in Kampala; however, the law does not allow
parties to operate or campaign at the district level or below.
The law sets educational requirements for candidates for public
office. Election candidates were required to prove that they met the
requirements. Several candidates were disqualified because of false
papers, and Asraf Olega, M.P. Aringa County, was disqualified over
academic qualifications. The cases of four others were pending at
year's end.
The Presidential Elections Law permits election campaigns to
commence after the Electoral Commission (EC) has approved a candidate's
nomination. Under the Local government Act and the Electoral law,
Parliament must approve funding for each electoral exercise. The
Government's failure to provide timely legislation for the
presidential, parliamentary, and LC elections caused EC funding for
electoral materials to be delayed considerably.
On January 4 and 5, the LC 3 and 4 elections were held in some
districts. They were marred by insufficient procurement, incorrect and
faulty ballot papers, and poor and incorrect packaging for
distribution. Defective voter rolls also prevented many persons from
voting. In some cases, there were no dispatches of materials to
districts before election day, causing some LC 3 elections to be
delayed. Many of the election flaws were attributed to insufficient
funds and corruption in the EC.
On February 14, LC 5 elections were held and generally were
peaceful; however, there was some violence, intimidation, and voter
fraud in some districts during the campaign period and on election day
(see Section 2.b.). For example, Kampala District and Kabale District
had multiple allegations of beatings on election day. In Kasese
District, a man was shot and killed in an election scuffle in Kitholhu.
Voter turnout was low.
On February 26, Parliament formed a 15-member select committee to
probe violence and irregularities in the 2001 presidential and
parliamentary elections and LC elections that took place during the
year. On September 10, its findings were made public and revealed that
Movement supporters accounted for 29 percent of all cases of violence
during the elections. The UPDF accounted for 17 percent, closely
followed by EC officials with 16.5 percent. The committee recommended
that the Government desist from using the army and other security
organs to advance partisan interests during elections and that the army
should register at civilian polling stations to avoid the appearance of
malfeasance. It also recommended that acting Army Commander Major
General James Kazini, Presidential Advisor on Political Affairs Major
Kakooza Mutale, Brigadier Julius Oketa, and other security personnel be
investigated further and prosecuted for alleged crimes related to
election violence.
On July 31, President Museveni dismissed EC Chairman Hajji Aziz
Kasujja, together with several other EC commissioners. The dismissals
followed recommendations from the Inspector General of government (IGG)
that the EC officials be terminated for misuse of public funds and
incompetence. Six former EC staff members were on remand in prison on
fraud charges. On November 5, President Museveni appointed Baddru
Kiggundu the new EC Chairman and Sister Margaret Magoba, a Catholic
nun, Deputy Chairman, along with four other commissioners.
In March 2001, six candidates competed in the presidential
elections, including President Museveni and Kizza Besigye. President
Museveni was reelected with 69.3 percent of the total votes cast;
Besigye received 27.3 percent of the vote. The presidential election
generally reflected the will of the population; however, there were
many complaints of irregularities prior to and on election day, which
led to a flawed election process. These irregularities included:
Insufficient time for voter registration; vote-buying; unauthorized
persons tampering with voter rolls; double voting; persons' names being
crossed off the voter list before they voted; and votes being given to
President Museveni before the votes were cast. There also were reports
that soldiers intimidated voters (see Section 1.c.). Although there
were allegations that the voter list rolls contained many illegal
names, the percentage of all registered voters accounted for only 70.3
percent of the eligible voter poll.
Army Commander Major General Jeje Odongo was appointed head of the
country's internal security during the election period. There were
numerous reports of election-related violence and intimidation by both
the Government and the opposition prior to and on election day (see
Section 1.c.). Police and UPDF forces also harassed and detained
opposition politicians and supporters (see Section 1.d.).
Several civil and religious organizations prohibited their members
from campaigning for candidates during the presidential elections.
There were reports that UPDF officers campaigned, and a UPDF officer
reportedly was arrested and another went into hiding to avoid arrest
for violating army rules against campaigning. The Inspector General of
Police restricted presidential candidates and their agents from
conducting campaigns in police barracks and cautioned police against
wearing T-shirts of candidates, carrying out campaigns, and putting up
posters. The Anglican Church directed its clergy to stop campaigning in
churches and not to display candidates' posters.
In March 2001, Besigye filed a petition with the Supreme Court
challenging the results of the election, and in April 2001, the Court
ruled 3-2 against Besigye, stating that he had failed to prove that the
election was so flawed that a new election was needed. The Court found
that the EC was at fault for its handling of the election. Opposition
leader Besigye was detained or called in for questioning at least three
times following the presidential and June parliamentary elections; he
left the country in August 2001.
In June 2001, elections were held for the 214 directly elected
parliamentary seats. There was an increase in the number of M.P.'s
following the implementation of a law that increased by 12 the number
of districts. Observers stated that the elections generally reflected
the will of the population; however, there were numerous instances of
election-related intimidation and violence. Despite active campaigning
by President Museveni and influential members of the Movement, many
important Movement M.P.'s lost their seats in the elections; however, a
number of them lost to other Movement candidates, which suggested that
their defeats were due to local concerns rather than political
affiliation. The number of opposition M.P.'s increased to 35 from 12,
including 9 UPC (former President Milton Obote's party) M.P.'s and at
least 6 M.P.'s from the DP. Others were affiliated loosely with the DP;
however, the affiliation of several other M.P.'s was unclear. There
were 230 M.P.'s from the Movement party, giving it a clear majority;
however, a number of moderate Movement M.P.'s, kept their seats in
spite of Museveni's active campaigning for their opponents.
Prior to both sets of June 2001 parliamentary elections, the
President campaigned against opposition candidates, including
Movementists, and such threats increased immediately prior to the
election days. Museveni appeared at rallies supporting his favored
candidates and used the occasion to criticize their opponents. For
example, in June 2001, during an FM radio broadcast, Museveni accused
Winnie Babihuga, incumbent Rukungiri Women's M.P. and Besigye
supporter, of engaging in election malfeasance, suggesting that she and
others could be arrested; Babihuga was not reelected. However, in March
Winnie Babihuga filed a petition challenging the June 2001 election of
Winifred Maskio as Women's M.P. of Rukungiri District. On March 20, the
High Court nullified the election, citing massive electoral fraud, and
requested Masiko to vacate her seat. Masiko appealed the decision and
the High Court ruling was overturned on November 4. Masiko was
reinstated as M.P. and Babihuga ordered to pay court costs.
Election results in several districts were challenged and resulted
in recounts. The most notable occurred in Mbarara Municipality, where
M.P. Winnie Byanyima defeated her opponent Mbarara RDC Ngoma Ngime
despite strong support for Ngime by President Museveni and other
Movement officials. Ngime challenged the results in the Mbarara Chief
Magistrate's court, and the Chief Magistrate ordered a recount of
Byanyima's votes; however, the recount was stayed. The High Court ruled
in favor of Byanyima and ordered the recount stayed indefinitely. In
November 2001, Ngime filed an appeal and on September 23, the Court
began hearing the appeal, which was pending at year's end.
On May 17, the High Court ruled in favor of James Musinguzi against
Minister of Defense Amama Mbabazi and the EC in the Kinkizi West
parliamentary race and ordered a by-election. The Court found that
Mbabazi bribed voters, failed to comply with the electoral law, and
wrongfully used public resources. The Court also found that the UPDF
interfered with the electoral process. Mbabazi appealed to the Court of
Appeal and on December 18, the Court upheld the lower court findings.
The Constitution requires elections through electoral colleges for
the 81 special interest group seats in Parliament reserved for women
(56), organized labor (5), persons with disabilities (5), youth (5),
and the army (10); however, the UPDF High Command, chaired by President
Museveni, selected the 10 army representatives. In June 2001, the
elections were held for these seats; there were allegations of vote
rigging and vote buying in some of the elections.
Newspaper, radio, and television coverage, in particular coverage
by state-owned media of the presidential, parliamentary, and LC
elections, favored Movement activities. Efforts to promote activities
by opposition candidates received less coverage in the media than the
activities of the President.
The Government used quotas in an aggressive effort to place women
in positions of authority. Women won 12 non-reserved seats for the 295-
member Parliament in the June 2001 election, and the number of reserved
seats for women increased from 38 to 56 in the 2001 elections. In total
there were 73 female M.P.'s in the Seventh Parliament. The Vice
President was a woman, as were 4 ministers and 12 junior ministers in
the President's 66-member Cabinet. One woman served as Deputy Chief
Justice of the Supreme Court, and another woman headed the CID. In 2001
four female members were elected to represent the country on the East
African Community (EAC) legislative Assembly. Elections for special
interest group seats reserved for women in Parliament were held in the
12 new districts created during the year.
The first M.P. of Asian ethnicity was elected for one of the
reserved youth seats in Parliament in 2001; however, he resigned after
it was discovered that he had forged his secondary school diploma.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were responsive to their views. Active domestic groups
included the FHRI; FIDA-U; Human Rights Focus; the National Association
of Women's Organizations of Uganda (NAWOU); the International
Federation of Human Rights; and the Human Rights and Peace Center of
Makerere University. The Prisoners' Aid Foundation monitored prison
conditions. The National Organization for Civic Education and Election
Monitoring dealt with problems related to civil society and political
rights. HURINET, a Human Rights Network and an umbrella organization
for nine human rights organizations in the country, also continued to
be active. The local NGO Uganda Debt Network addressed corruption.
Government officials frequently attended conferences and seminars
hosted by NGOs on social problems and continued to cooperate with NGOs
on legal and prison reforms.
The Uganda National NGO Forum was a consortium of local and
international NGOs involved in advocacy. On August 8, the organization
launched the NGO Code of Conduct that provides for the self-discipline,
regulation, and mechanism of restraint for NGOs.
The Government allowed visits by international human rights NGOs,
including Amnesty International (AI), the ICRC, and the UNHCR. The ICRC
suspended all field activities in the country and in northeastern DRC
following the killings of six ICRC workers in 2001 (see Section 1.a.).
The ICRC maintained only local staff at branches in Kasese, Bundibugyo,
Fort-Portal, Gulu, Kitgum, and eastern DRC during the year. The ICRC
also suspended visits to military detention facilities (see Section
1.a.).
The Constitution establishes the UHRC as a permanent independent
body with quasi-judicial powers. The President appointed the UHRC's
eight-member board. Under the Constitution, the UHRC may subpoena
information and order the release of detainees and the payment of
compensation for abuses. The UHRC continued to pursue suspected human
rights abusers, including high-level officials in the Government and
military, and expanded its operations by opening three more branches
countrywide, in Mbarara, Fort Portal, and Jinja. The UHRC Human Rights
Tribunal headquarters received 409 new complaints during the year,
including some against senior government leaders and military and
police officials; the Soroti office received 405 complaints and the
Gulu office received 372. Of the 409 complaints received at
headquarters, 335 were pending investigations, 25 were referred to
other bodies, 1 was waiting for judgement before the tribunal, 7 cases
were ruled as no violation, 21 were resolved through mediation, 6 were
determined not to be human rights cases, 9 complainants lost interest,
2 were time barred, 2 were dismissed for lack of evidence, and 1 case
was dropped when the respondent died. Of the 405 complaints received at
the Soroti office, 31 were pending investigation, 4 were referred to
other bodies, 8 were waiting for judgement before the tribunal, 30 were
resolved through mediation, 1 was time barred, 10 were dismissed for
lack of evidence and 321 were pending resolution through mediation. Of
the 372 complaints received at the Gulu office, only 13 complaints were
investigated due to the insecurity in the region, of which 6 are
pending judgement and 8 are awaiting a hearing before the tribunal. A
total of 51 cases were referred to other bodies. The UNRC did not have
the power to intervene in cases pending before a court. The UHRC
inspected numerous detention facilities and publicly reported on its
findings; however, it complained of lack of access to military
facilities during the year. In March the UHRC released its 2001 report
that cited abuses by security organs, criticized police corruption and
inefficiency, noted instances of denial of the right to assembly, and
criticized involvement in the DRC.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on these factors;
however, the Government did not enforce the law effectively in matters
of locally or culturally accepted discrimination against women,
children, persons 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.--Domestic violence against women, including rape, remained
common. According to the 2001 Law and Advocacy for Women Projects
Report on Domestic Violence, wife beating ranked highest among the
Acholi people at an estimated 80 percent. The Bakiga in the south
ranked second with 75 percent. There were no laws that specifically
protect women from battery or spousal rape, although there was a
general law concerning assault. 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 continued to receive increasing public attention.
Numerous women's rights NGOs sponsored conferences, empowerment
sessions, and training programs throughout the country. The revised
1964 bride-price by-law, which was passed by a referendum in Tororo in
December 2001, made the bride price a nonrefundable gift to the parents
of the bride and was expected to lessen domestic violence when either
party sought divorce. During the 2001 presidential elections, the
Government set up a hotline for women to call the UPDF to seek redress
if their husbands threatened violence against them for exercising their
right to choose a candidate.
The Karamojong ethnic group in the northeast has a cultural
practice of claiming unmarried women as wives by raping them; however,
no cases of this practice were reported during the year. An
undetermined number of women were victims of abduction and rape by
rebel forces. There were allegations of rape by the UPDF (see Section
1.c.).
FGM was practiced by the Sabiny tribe, located in the rural
Kapchorwa District, and the Pokot tribe (also known as the Upe), which
inhabited the northeastern border with Kenya. There were approximately
10,000 Sabiny and approximately 20,000 Upe who lived in the country.
Among the Sabiny, initiation ceremonies involving FGM were carried out
every 2 years. During the year, initiation ceremonies took place in
Kapchorwa. The NGO REACH recorded a total of 586 women who underwent
FGM. These figures were down from the 621 reported in 2000.
There was no law against the practice, but the Government and
women's groups working with the U.N. Population Fund continued to carry
out programs to combat the practice through education. These programs
received strong government support and some support from local leaders.
The programs emphasized close cooperation with traditional authority
figures and peer counseling. Significant press attention to these
ongoing efforts brought public attention to the problem during the
year.
Prostitution was illegal; however, it was common. There were no
credible statistics available on the occurrence of prostitution during
the year.
There were reports of trafficking in persons during the year (see
Section 6.f.).
Sexual harassment also was common. On May 9, the Board of the
Faculty of Law at Makerere University approved a sexual harassment
policy intended to combat sexual abuse and harassment at the
University. The July International Women's Congress held in Kampala
heard from female police officers who were pressured into giving sexual
favors and denied promotions.
Traditional and widespread societal discrimination against women
continued, especially in rural areas. Many customary laws discriminate
against women in the areas of adoption, marriage, divorce, and
inheritance. In most areas, women could not own or inherit property,
nor retain custody of their children under local customary law. Divorce
law requires women to meet stricter evidentiary standards than were
required for men in order to prove adultery. Polygyny was legal under
both customary and Islamic law, and a wife had no legal status to
prevent her husband from marrying another woman. In some ethnic groups,
men also could ``inherit'' the widows of their deceased brothers. Women
did most of the agricultural work but owned only 7 percent of the
agricultural land. There were limits on a married woman's ability to
travel abroad with her children (see Section 2.d.).
There were 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
promoted greater awareness of the rights of women and children. Women
as Partners for Peace sponsored a forum to discuss democracy and
conflict resolution. FIDA continued with its program on proposed
reforms of outdated and discriminatory laws.
Children.--The Government demonstrated a commitment to improving
children's welfare. Education received the largest percentage of the
budget. During the year, the Government did not enforce effectively the
1996 Children's Statute, which outlines broad protections for children.
Government efforts to enforce the statute's provisions were hampered by
the large proportion of the population that was below 18 years of age
(50 percent of the country's population was under 15), staffing 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
provisions on the rights of the child. For example, the law prohibits
children from taking part in any activity that was likely to injure the
child's health, education, mental, physical, or moral development;
however, the Government often did not enforce these prohibitions. The
Children's Statute also requires children with disabilities to be
treated and given necessary special facilities; however, inadequate
funding often hampered the enforcement of this provision. In August the
Ministry of Gender reported that knowledge on the rights of children of
the 1996 Children's Statute was poor in most parts of the country,
particularly in rural communities.
The Government continued the Universal Primary Education (UPE)
program, which provided free education through the seventh grade;
however, education was not compulsory. According to official
statistics, there was a 95 percent enrollment rate; however, this
figure widely was believed to be inflated as a result of both school
dropouts and a tendency of some schools to inflate attendance figures
for funding purposes. Since the implementation of UPE, primary school
enrollment increased from 2.9 million in 1996 to 7.2 million during the
year.
During the year, the Government eliminated the previous restriction
to four children per family and opened UPE to all primary age children
without limits. Key components of the UPE program included eliminating
compulsory uniform requirements, providing free textbooks, and
eliminating school and Private Learning Examination (PLE) fees. The UPE
increased funding for education, provided additional skills training
for teachers, and reduced the textbook to student ratio; however, some
provisions had not yet been implemented fully by year's end. Strained
finances, internal corruption, instability in some areas,
infrastructure problems, and inadequate teacher training prevented full
implementation. The UPE program made education more accessible
financially; however, parents still had to pay for school supplies and
some school costs.
Girls and boys theoretically had equal access to education in the
lower grades; however, the proportion of girls in higher school grades
remained low because families traditionally favored boys when making
financially related educational decisions. Boys also were more likely
to finish primary school and perform better on the PLE. The Government
continued several programs to promote a national plan for the education
of girls; only 54 percent of adult women were literate compared with 74
percent of adult men.
Child abuse remained a serious problem, particularly the rape of
young girls or defilement. Defilement applied to all cases of sexual
contact outside of marriage involving girls younger than 18 years of
age, regardless of consent or the age of the perpetrator. The
perpetrators of rape often were family members, neighbors, or teachers;
however, only a small fraction of these cases was reported. In August
the district of Mbarara's Department of Education established a hotline
for the public to report defilement cases by teachers. Many cases
frequently were reported in newspapers; a payment to the girl's parents
often settled such cases. During the year, there were 5,554 reported
cases of defilement, of which 3,178 were investigated. Increasing
numbers of accusations reached the courts and an increasing number of
cases were prosecuted during the year; however, neither conviction nor
punishment was common. Defilement carried a maximum sentence of death;
however, no court sentenced rapists to death during the year.
The marriage of young girls by parental arrangements was common,
especially in rural areas.
Most schools used corporal punishment; however, the beating of
secondary school students was prohibited. On August 9, a court
sentenced a primary school teacher to 3 weeks imprisonment in Luzira
Prison for caning student Elizabeth Uwimeza and causing bodily injury.
The teacher also was ordered to pay $111.00 (200,000 shillings) to the
victim after serving the sentence.
There were increased allegations and some confirmed reports of
ritual killings of children during the year. On June 17, police in
Luwero arrested four persons in connection with a ritual murder of a
girl whose body was discovered in a shallow grave near a shrine in
Nakikoota Village. Investigations in the case were pending at year's
end.
On June 28, Salim Hussein of Kasusu, Kabarole District, beheaded
the 2-year-old son of the Fort Portal Municipal Council Treasurer.
Hussein later was killed by an angry mob.
In September police in Mukono arrested a man named ``Davis,'' who
allegedly tried to sell his 6-year-old son for approximately $1,666 (3
million shillings). Davis reportedly was arrested following the
delivery of the child to a traditional healer.
There were no reports of developments in the April 2001 case in
which police arrested three traditional healers for allegedly kidnaping
and trying to sacrifice a 13-year-old boy in Mukono, or in the December
2001 case in which police arrested Sheikh Hamdan Madanga, a witch
doctor, for possession of a human head in his shrine in Mbale.
There were an estimated 2 million orphaned children (children
missing either or both parents). This large number of orphans resulted
from previous civil wars, the internal displacement of persons, and
HIV/AIDS.
FGM was performed on girls in the Sabiny and Pokot tribes (see
Section 5, Women).
Child prostitution was a problem (see Section 6.f.).
Trafficking in children remained a problem (see Section 6.f.).
The legal recruitment age for military service was 18 years;
however, in practice some recruiters allowed 17 year-olds to enlist.
LDU's could recruit children under the age of 18 with parental consent.
There were reports that the military detained and used child
soldiers to help find LRA landmines, camps, and arms caches (see
Section 1.d.).
The LRA abducted many children and used them as guards, laborers,
soldiers, or as sex slaves (see Section 1.b.). Most LRA fighters were
abducted children coerced into becoming rebels.
Persons with Disabilities.--The Constitution provides persons with
disabilities with ``a right to respect and human dignity''; however,
widespread discrimination by society and employers limited job and
educational opportunities for such persons. There was no statutory
requirement for the accessibility of buildings for persons with
disabilities. Most buildings had one floor; however, taller buildings
in larger cities rarely had elevators and those that operated seldom
were reliable. There was a Minister of State for Disabled Persons and a
Department for Disabled Persons within the Ministry of Gender, Labor,
and Social Development; however, these institutions lacked sufficient
funding to undertake or support any initiatives.
The Children's Statute also requires children with disabilities to
be treated and given necessary special facilities; however, in practice
inadequate funding hampered its enforcement.
National/Racial/Ethnic Minorities.--Civil strife in the north led
to the violation of the rights of members of the Acholi tribe, who
primarily resided in the northern districts of Gulu and Kitgum. Both
government forces and the LRA terrorists, who themselves largely were
Acholi, committed abuses. LRA fighters in particular were implicated in
the killing and kidnaping of Acholi tribe members (see Section 1.a.);
the UPDF record in the north worsened with the increased activity of
the LRA during the year. Unlike in the previous year, there were no
reports that ADF rebels committed abuses against members of the Bakonjo
and Bamba tribes.
During the year, raids by armed Karamojong raiders in Katakwi,
Kotido, and Kapchorwa districts in the northeast resulted in more than
50 deaths. The raids reportedly exacerbated ethnic tensions in the
northeast (see Section 1.a.). In December 2001, the Government began a
disarmament program for the Karamojong raiders, which caused
confrontations between the Karamojong and the UPDF in its efforts to
enforce the program.
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;
however, the Government at times did not respect this right in
practice. The Government continued to refuse registration to the Uganda
Allied Teachers' Union. Employers often did not observe the requirement
to recognize a union. The right to form unions extended to civil
servants; however, many ``essential'' government employees were not
permitted to form unions, including police, army, permanent secretaries
in the ministries, heads of departments and state-owned enterprises,
school principals, and other management-level officials. The Government
failed to enforce the rights of some employees to join unions in newly
privatized industries and factories.
The law allows unionization if 51 percent or more of the work force
supported it and if the proposed union represented at least 1,000
employees. These requirements effectively prevented the right of
workers in the private sector to form unions, especially in the
textile, hotel, and construction sectors. The International Labor
Organization (ILO) noted that this dual requirement could deprive
workers in smaller bargaining units or who were dispersed over wide
geographical areas of the ability to form unions or exercise collective
bargaining rights, especially when no trade union represented an
absolute majority of the workers concerned (see Section 6.b.). Both the
ILO's Committee of Experts (COE) and Committee on Freedom of
Association (CFA) requested that this dual requirement be amended, and
at year's end, there was a draft bill pending before Parliament that
would reduce to 20 the number of workers required to form a union.
The National Organization of Trade Unions (NOTU), the largest labor
federation, included 19 unions with a membership of 80,000, or
approximately 5 percent of the workforce. The NOTU was independent of
the Government and political parties. Among its members were medical
workers, including doctors, and the civil service union. The NOTU's
influence on the overall economy remained minimal, since approximately
90 percent of the labor force worked as peasant farmers. Even in areas
in which cash crops were significant, unionization remained practically
nonexistent.
The Ministry of Gender, Labor, and Social Affairs did not lift the
2001 ban on meetings and elections within the labor movement during the
year.
The law does not prohibit antiunion discrimination by employers,
and union activists were not protected sufficiently from retribution
for union activities; however, there were no reported incidents of
government harassment of union officials during the year.
Labor unions freely exercised the right to affiliate with and
participate in regional and international labor organizations. The NOTU
was a member of the International Confederation of Free Trade Unions
(ICFTU).
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively; however,
the right to organize was rarely defended by the Government and true
collective bargaining occurred only in the small private sector of the
modern economy. The International Textile, Garment, and Leather Workers
Federation (ITGLWF) formally complained to the ILO about the denial of
the right to organize to members in all but one of 16 factories. The
local affiliate, the Uganda Textile, Garment, Leather, and Allied
Workers Union, has more 2,000 members. The case was pending at year's
end.
There were examples of collective bargaining in the private sector
during the year. For example, on March 15, the management of the
Kampala Sheraton Hotel agreed to increase wages by 7 percent under the
negotiated union agreement with management. In the modern sector, the
Government by far was the largest employer (civil service and state-
owned enterprises) and it dominated the bargaining process. The
Government adopted a tripartite (Government-employers-labor)
cooperative approach to setting wages and resolving labor disputes.
Both the Government and employers could refer disputes to the
Industrial Court (IC); however, the IC lacked funds and rarely sat.
The Constitution provides the right to strike; however, the
Government seldom defended this right and government policy required
labor and management to make ``every effort'' to reconcile labor
disputes before resorting to strike action. This directive presented
unions with a complicated set of restrictions. If reconciliation did
not appear to be possible, labor had to submit its grievances and
notice to strike to the Minister of Labor, who usually delegated the
dispute to the IC. In principle IC rulings were final; however, its
decisions often were appealed by employers who claimed that they
doubted the impartiality of the Court. The Minister of Labor generally
did not permit strikes in the absence of verdicts from the IC on the
basis that ``every effort'' had not been exhausted. The Government only
took limited action on organized labor complaints. Frustrated laborers
often went on strike anyway.
There were several strikes during the year. For example, between
July and August, there were nine strikes staged by primary school
teachers protesting poor working conditions and delays in salary
payments in different parts of the country. The teachers resumed work
after the Government intervened and agreed to investigate the delays.
On August 5, more than 100 workers went on strike demanding higher
wages at Lutembe Quarry in Mpigi District. The workers also complained
of poor working conditions, including the lack of sanitation
facilities. They returned to work after the management agreed to
address their concerns.
On August 9, casual laborers, mostly cane cutters, went on strike
at a sugar plantation in Masindi District at Kinyara to protest high
taxes withheld by the company and the failure of the Masindi District
Administration to produce tax receipts. The strike lasted 1 week and
resulted in the death of one worker, who was shot when police fired
into the crowd to stop strikers from setting sugar cane fields on fire.
On August 15, the Government ended the strike and agreed to resolve the
grievance.
There were no developments in the 2000 case of Sam Lyomoki, General
Secretary of the Uganda Medical Union, or the 2000 case in which 21
workers were dismissed at the Nytil Picfare textile factory.
There were no export processing zones (EPZs); however, the Ministry
of Finance and the Uganda Investment Authority prepared legal
documentation for Parliament to create such zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, a lack of resources
prevented the Government from enforcing this prohibition effectively in
practice. There was strong evidence that prison officials hired out
prisoners to work on private farms and construction sites, where often
they were overworked. Throughout the country, prison officials
routinely supplemented their meager wages with crops grown by prisoners
on the prison grounds (see Section 1.c.). Male prisoners performed
arduous physical labor while female prisoners produced marketable
handicrafts such as woven basketry. Juvenile prisoners performed manual
labor, often 12 hours per day. Compensation, when paid, generally was
very low; however, the law requires that pretrial detainees receive
back pay for all work that they performed once they are released.
There were reports that the UPDF used children to help find LRA
landmines, camps, and arms caches (see Section 1.d.).
The LRA often forced abducted children into virtual slavery as
guards, laborers, soldiers, and sex slaves (see Section 1.b.).
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 was common, especially in the informal
sector. The Ministry of Gender, Labor, and Social Development enforced
the law on child labor; however, financial constraints limited its
enforcement. Demographics contributed to the problem of child labor;
half of the population was under 15 years of age. Many children left
school and went into agricultural or domestic work in order to help
meet expenses or perform the work of absent or infirm parents, a
situation common throughout the country (see Section 5). The problem
was acute particularly among the large orphan population.
In urban areas, children sold small items on the streets, were
involved in the commercial sex industry (particularly in border towns
and in Kampala), or begged for money. Adults did most tea harvesting;
however, some children were employed in this sector as well.
It was estimated that 60 percent of all land-based trade in the
country was informal. Smuggling was one of the larger informal
industries and employed large numbers of child laborers at the borders
with Kenya and Tanzania. Children walked back and forth across the
unguarded borders, transporting small amounts of fuel, sugar, coffee,
or other commodities.
The Government made efforts to decrease the incidence of child
labor during the year. On August 13, the Government signed an agreement
with the ILO to continue the 1998 International Program for the
Elimination of Child Labor (IPEC). Under the program, approximately
2,600 children were identified and withdrawn from hazardous work and
were provided with alternatives, such as returning to school or taking
vocational training. Government officials acknowledged that for the
IPEC to be implemented, continued judicial and law enforcement reforms
were needed and held several awareness-training workshops for officials
charged with enforcing child labor laws during the year. In September
there was a nationwide program to educate the public regarding child
labor practices. Several human rights NGOs also continued programs
during the year aimed at removing children from hazardous work.
In 2001 the Government ratified ILO Convention 182 on the Worst
Forms of Child Labor and incorporated its provisions into the draft
Employment Bill 2000 to comply with international standards; however,
the law was not passed by year's end.
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.).
e. Acceptable Conditions of Work.--The minimum legal wage was $3.50
(6,000 shillings) per month, a rate set in 1984; however, this wage was
not enforced effectively in practice. The Government and the private
sector negotiated a new rate during the year. The minimum wage was
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.
Other benefits such as housing and transport allowances, which often
were equal to base wages, often supplemented salaries. The Ministry of
Public Service's salary scale for civil servants started support staff
at approximately $38 (69,000 shillings) per month, up to supervisors at
$666 (1,200,000 shillings) per month, plus modest increases for years
worked. All included provisions for paid overtime. The higher end of
this wage scale provided minimal standards of living for a worker and
family; however, most civil servants had great difficulty earning
enough money to pay their children's school costs. Many civil servants
and their dependents worked second jobs, grew their own food, or sought
other ways to supplement their incomes.
In industries that employed workers on an hourly basis, the normal
workweek was 40 hours. There was no legal maximum workweek; however,
employers were supposed to pay a time-and-a-half rate for each
additional hour worked beyond a 48-hour work week. Many industries paid
workers incrementally in order to avoid overtime and circumvent the
prohibition on child labor. Many companies employed 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 within military and police
barracks, was substandard. Sanitation and water facilities often were
inadequate.
Building codes often were not enforced. Some structures tripled in
height above the original foundations, which often compromised the
structural integrity of these workplaces. Factories generally were
safe; however, machinery almost always lacked safeguards.
The law establishes some occupational health and safety standards.
The Workers' Compensation Act provides compensation, based on monthly
salaries, for workers injured or killed at work. The Ministry of
Labor's Department of Occupational Health was responsible for
enforcement of occupational safety regulations; however, in practice
inspections were rare, primarily due to the lack of vehicles and
funding for inspection trips. There were fatal accidents at several
construction projects at a rate of approximately one per month. The
limited occupational safety regulations under the law did not protect
workers who refused to perform dangerous work from being fired;
however, strong unions in certain dangerous industries protected such
workers.
Foreign workers were protected under the Occupational Health and
Safety Law. The law does not exclude illegal workers; however, any
illegal worker filing a claim may find it difficult to prove that they
genuinely were employed and would face penalties if in the country
illegally.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, there were reports that persons were trafficked to,
from, or within the country. The Criminal Code prohibits slavery with
penalties of up to 10 years' imprisonment and requires the CID to
combat trafficking. The CID did not keep records on the magnitude of
the trafficking problem and it was unknown if its efforts were
effective.
There was strong evidence that prison officials hired out prisoners
to work on private farms and construction sites, where they often were
overworked (see Section 6.c.).
In urban areas, some children were involved in the commercial sex
industry, particularly in border towns and in Kampala.
There were no reports that government officials were complicit in
the trafficking during the year.
Unlike in the previous year, there were no reports that the country
acted as a transit point for trafficking in persons.
There were continued reports that the SPLA forcibly recruited
Sudanese refugees in the north for service in Sudan.
The LRA abducted civilians for training as guerrillas; most victims
were children and young adults whom the LRA forced into virtual slavery
as guards, laborers, soldiers, and sex slaves (see Section 1.b.). On
March 5, the Government and Sudan signed an agreement in Khartoum for
the Government of Sudan to stop supporting the LRA and permit the UPDF
access in southern Sudan to pursue the LRA. The protocol was extended
several times, including in December.
The Government, through the military, continued efforts to combat
trafficking in persons by the LRA despite severe resource constraints.
The Government began Operation Iron Fist to eradicate the LRA threat.
It continued to offer amnesty to ex-rebels, providing resettlement
packages that provided educational benefits and vocational training.
The Government also established protected camps garrisoned by the UPDF
that have helped to prevent abductions (see Sections 1.a. and 2.d.).
The UPDF escorted rescued abductees to NGO facilities, which provided
physical assistance and counseling to the children and their families
so that the children could be reintegrated into society.
__________
ZAMBIA
Zambia is a republic governed by a president and a unicameral
national assembly. Since 1991 generally free and fair multiparty
elections have resulted in the victory of the Movement for Multi-Party
Democracy (MMD). In December 2001, Levy Mwanawasa of the MMD was
elected president, and his party won 69 out of 150 elected seats in the
National Assembly. The MMD's use of government resources during the
campaign raised questions over the fairness of the elections. Although
noting general transparency during the voting, domestic and
international observer groups cited irregularities in the registration
process and problems in the tabulation of the election results.
Opposition parties challenged the election result in court, and court
proceedings remained ongoing at year's end. The Constitution mandates
an independent judiciary, and the Government generally respected this
provision; however, the judicial system was hampered by lack of
resources, inefficiency, and reports of possible corruption.
The police, divided into regular and paramilitary units operated
under the Ministry of Home Affairs, had primary responsibility for
maintaining law and order. The Zambia Security and Intelligence Service
(ZSIS), under the Office of the President, was responsible for
intelligence and internal security. Members of the security forces
committed numerous, and at times serious, human rights abuses.
Approximately 60 percent of the labor force worked in agriculture,
although agriculture contributed only 22 percent to the gross domestic
product. Economic growth slowed to 3 percent for the year, partly as a
result of drought in some agricultural areas. Pledged assistance from
foreign donors increased substantially as a result of the peaceful
change of administration, greater official attention to governance
issues, the privatization of the mines, and the completion of a Poverty
Reduction Strategy Paper. Approximately 73 percent of the country's
estimated 10 million population live below the poverty line.
The Government's human rights record remained poor; although, there
were some improvements in a few areas, serious problems remained.
Police officers committed several unlawful killings and frequently beat
and otherwise abused criminal suspects and detainees. Some police
officers who committed these abuses were disciplined or remained in
detention pending trial; however, most officers who committed such
abuses did so with impunity. The lack of professionalism, investigatory
skill, and discipline in the police force remained serious problems.
Prison conditions were harsh and life threatening. Arbitrary arrests,
prolonged detention, and long delays in trials were problems. The
courts issued a number of rulings against the Government, senior
officials, and the ruling MMD party during the year. The National
Assembly rescinded former President Chiluba's constitutional immunity
from prosecution, an action he challenged in court. The police
infringed on citizens' privacy rights. The private media generally were
free; however, there were reports that the Government at times sought
to restrict press freedom. Violence against women remained widespread,
and women continued to experience discrimination in both law and fact,
including the denial of widows' inheritance rights. Child abuse was a
problem. Discrimination against persons with disabilities was a
problem. Child labor was a problem in rural subsistence occupations and
some urban occupations. There were reports of trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Police committed
several unlawful killings during the year. The Legal Resources
Foundation (LRF), an independent human rights organization that
counseled victims' families and represented them in action against the
state, consistently investigated and publicized such incidents.
On February 11, a police officer in Chalimbana killed Joe Mpambeni,
a 28-year-old man, allegedly for failing to settle a beer debt. The
Director of Public Prosecutions (DPP) determined that sufficient
evidence did not exist for criminal prosecution. The LRF brought a
civil action against the officers involved, and a trial was pending at
year's end.
On March 28, Fackson Kafumukache, a chief's retainer allegedly in
possession of poached game meat, died in Solwezi after a police officer
beat him to discipline him at the request of Chief Kapijimpanga. The
officer turned himself in when he learned Kafumukache had died. No
further action was taken by year's end.
On May 7, the LRF reported that five armed police officers from the
Shibuyunji police post went on a rampage, stealing, burning houses, and
severely beating Henry Simwinga, who subsequently died of his injuries.
Two of five officers allegedly involved have been arrested and charged
with aggravated robbery, arson, and assault; however, there was no
trial by year's end.
On August 17, the LRF reported that a police officer beat Mukata
Sifu, reported by his family to be mentally ill, for stealing two
packages of cookies. Sifu died September 4; an autopsy found that Sifu
died from blows to the head and chest. The LRF was considering legal
action on behalf of Sifu's family at year's end.
On February 14, former State House Comptroller Gibson Zimba
appeared in court to answer charges of murdering three teachers in 2001
near Zimba's home; a police officer was also charged. The Inter-Africa
Network for Human Rights and Development (AFRONET), a local human
rights nongovernmental organization (NGO), demanded an investigation
into the killings. A trial was ongoing at year's end.
Police forcibly dispersed a demonstration in which at least one
person was killed (see Section 2.b.).
Several persons died in custody during the year. A large number of
prison inmates died due to illness and harsh conditions (see Section
1.c.).
Alison Phiri, a 25-year-old man, died in police custody
approximately 7 days after being detained on January 27 as a suspect in
a house breaking and theft case; according to the LRF, he had been
beaten severely with batons and slammed against the wall and floor. In
August the LRF asked the court to order an inquest into the
circumstances of Phiri's death. There was an inquest; however, no
results were released by year's end.
On March 8, David Nkwambwa died in the Livingstone Airport police
cells. A preliminary police investigation found that the victim had
committed suicide; however, relatives repeatedly told the LRF that
Nkwambwa died of injuries sustained from being assaulted in police
custody. The victim's mother reportedly found her son in a kneeling
position with an undershirt tied around his neck. There was an inquest;
however, no results were released by year's end.
The father of Eddie Muonga sought the assistance of the LRF to
press for prosecution of the responsible police officers following the
death of his son in police custody at Chawama in late 2001 after being
severely beaten. A police officer was suspended but not charged with
any criminal offense. The LRF initiated a civil action against the
Government that was pending at year's end.
In July the LRF initiated a civil action against the Government in
the 2001 death in custody of Lameck Siamapande, and the officers
remained in detention at year's end pending a trial. In addition, the
Government agreed to pay compensation to the victim's family, though an
amount was not determined by year's end.
After the Government declined to present a defense, the LRF won a
civil suit in the deaths in custody of Kelvin Mushabati and Geoffrey
Michelo in 2000. A decision on the amount of damages was pending at
year's end.
By year's end, there was no court ruling had been issued nor a date
set for a decision in 1999 case of two suspects charged with murdering
Wezi Kaunda, the son of former President Kenneth Kaunda. In August a
public exhibit was opened in Lusaka by AFRONET to generate pressure on
the Government to investigate deaths occurring under mysterious
circumstances, such as that of Wezi Kaunda.
There were no confirmed deaths caused by landmines during the year.
In 2001 unknown persons killed Paul Tembo, a former senior MMD
official, the night before he was to testify before a tribunal convened
to investigate charges of financial fraud--testimony that was expected
to be highly damaging to the Government ministers being investigated.
On March 13, Tembo's wife was charged with murdering her husband but on
October 29, the Lusaka High Court discharged her after the Prosecution
dropped the charges following the deaths in a traffic accident of two
key prosecution witnesses.
Unlike in the previous year, there were no armed attacks within the
country's territory as a result of the conflict in Angola.
b. Disappearance.--There were no reports of politically motivated
disappearances. However, there were reports that Angolan government
forces or National Union for the Total Independence of Angola (UNITA)
rebels abducted persons, particularly young persons, for forced labor
in Angola. On July 23, then Home Affairs Minister Lackson Mapushi told
Parliament that Angolan soldiers abducted 261 Zambians from January
1999 until March. In December Angolan government forces detained eight
Zambians who crossed the border into Angola. A detained woman was
released quickly; however, there was no further information on the
whereabouts of the seven detained men at year's end.
On July 1, the remaining citizens abducted from the Western
Province by UNITA rebels early in the year returned to the country (see
Section 6.f.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, police
frequently used excessive force when apprehending, interrogating, and
detaining criminal suspects or illegal immigrants. In most instances,
officers who beat suspects generally were not disciplined or arrested
for such acts, although local human rights organizations were active in
pressing for such action. The LRF systematically investigated and
publicized such incidents and represented victims in court proceedings.
For example, on January 9 and 10, police and neighborhood watch
officers beat Joe Shapi Mulenga while being detained without charges at
Chipata police post. In February the LRF filed a lawsuit against the
responsible police officers for false imprisonment and assault; there
were no further developments by year's end.
On March 13, according to the LRF, a drunken Matero police officer
beat and injured Leonard Zimba with a heavy leather whip while
questioning him during a theft investigation. There was no known
disciplinary action taken against the responsible officer.
Police Officer Wilbroad Chewe reportedly was ordered to pay $333
(1.5 million kwacha) in compensation after being accused of the
February 9 rape at Chawama police post of a woman who had sought police
assistance in recovering a missing radio. By year's end, Chewe had not
paid the woman, and criminal charges had not been filed against him.
In April the police reportedly launched investigations into reports
implicating five police officers in alleged rape cases and harassment
of prostitutes. The results of the investigation were not known by
year's end.
On April 18, President Mwanawasa dismissed Teddy Nondo as Deputy
Commissioner of the Drug Enforcement Commission. Dean Mung'omba, leader
of the opposition Zambia Alliance for Progress (ZAP), reactivated a
legal suit against the Government, which alleged that he was tortured
by Nondo while incarcerated in 1997 on false treason charges. The LRF
also obtained signatures of other victims of alleged abuse by Nondo;
however, the DPP refused to grant authority for civil prosecution.
Other 1997 coup suspects also accused Emmanuel Lukonde of being one
of the senior police officers who had tortured them or who had given
instructions to subordinates to carry out the torture. The 2000 report
of the official Torture Commission recommended that both Lukonde and
Nonde be retired from police service in the national interest. At the
time, the Government rejected most of the Commission's recommendations;
however, on June 19, President Mwanawasa ordered the retirement of
Lukonde from his post as Commissioner of Police. On October 6, Legal
Affairs Minister George Kunda stated that the Government was
reconsidering a number of recommendations from the Commission,
including those that recommended victim compensation; however, no
further action had been taken by year's end.
Police forcibly dispersed a demonstration in which at least one
person was injured (see Section 2.b.).
There was no known action during the year, nor was any action
likely to be taken, against the police officers responsible for
torturing, beating, or abusing the persons in the following cases from
2001: The January case in which police and a neighborhood watch group
beat, detained, and subsequently released with a charge of immoral
behavior 11 men who were suspected of killing a man; the January case
in which 8 officers of the Kabwe flying squad tortured Adess Ngulube in
her home and at a police station; the March beating and detention of
Godfrey Mulundano; and the May case in which police used tear gas to
disperse persons from the site of a banned rally, resulting in the
death of an elderly man who was struck by a car while fleeing the
scene.
There was no known action taken during the year, nor was any action
likely to be taken, against the police responsible for torturing,
beating, or abusing the persons in the following cases from 2000: The
January case of Shadreck Selemani; the August case at the University of
Zambia that followed demonstrations the day prior; and the August case
of Hendrix Mbumwai.
During the year, the court referred a civil action against police
accused of abusing Cedrick Phiri in 1999 to mediation after the
Government requested another postponement. The results of the mediation
were pending at year's end.
The amended Police Act provides for a police complaints authority
to which members of the public could direct complaints of police
harassment and abuse. In June then Minister of Home Affairs Lackson
Mapushi announced the establishment of the Police Complaints Authority
and appointed the first authority members.
On July 25, the new Inspector General of Police announced that a
Police Professional Standard Unit would be established to investigate
corruption, arbitrary arrests and detention, and other unprofessional
behavior in the police force. He also stated that the unit would have
the power to recommend action against any implicated officers and that
it would be under the direct authority of the senior police
prosecutions officer, who is a lawyer. Human rights groups welcomed the
announcement; however, they also expressed skepticism about the
effectiveness of such a unit without the authority of a statute. The
Police Professional Standards Unit was established and operational by
year's end.
Corruption in the security forces also was a problem. On July 5,
Xavier Chungu, the Director of ZSIS, was arrested and charged with
abuse of authority in making irregular payments from a secret
government account. There were reports that police released prisoners
in exchange for bribes. Police often detained citizens in private debt
disputes in exchange for a portion of the payment owed (see Section
l.d.). Police sometimes committed extortion at roadblocks or required
document processing ``fees'' or ``gas money'' in order to commence
investigations (see Section 2.d.).
The police investigated instances of police use of excessive force
and disciplined officers found to have committed human rights abuses.
Officers who committed serious abuses sometimes were prosecuted; some
were convicted and sentenced to prison. Other cases of abuse in
detention frequently went unpunished unless an NGO took up the case on
behalf of the victim. Punishment, if any, usually came years after the
abuse was committed, and the accused officers often remained on duty in
the interim.
During the year, human rights groups reported a change in the
Government attitude toward allegations of police misconduct. In some
cases, the Government decided not to present a defense and agreed to
mediate settlements out of court. The LRF agreed to settle 30
outstanding cases by mediation; at year's end, 19 cases were settled,
and the remaining 11 were awaiting decisions on the amount of damages
to be awarded. The Solicitor General indicated that the Government
intended to recover some portion of awarded monetary damages from the
responsible police personnel.
Senior government officials acknowledged the problem of police
abuse and requested foreign donor assistance for training of the
police. A national forensic laboratory was founded in 2001 to provide
the police with resources for professional investigations, and some
laboratory equipment was acquired during the year.
Human rights training for new recruits, middle ranks, and long-
serving officers continued at the police academy. The training has
raised police awareness of human rights; however, there was no decrease
in police use of physical force to gather information from suspects.
Despite a High Court ban on corporal punishment in the country,
some chiefs in Northern Province continued to use corporal punishment
as a disciplinary measure in local court cases. During the year, the
police told Chief Chiundaponde in Mpika, Northern Province, that they
could not enforce the decree he issued on February 1 under which anyone
who killed or assaulted someone would be killed or assaulted with the
same weapon.
On July 24, three citizens were injured when approximately 100
suspected bandits from the Democratic Republic of Congo (DRC) raided
their village in Nchelenge before looting their homes and granaries.
Prison conditions were harsh and life threatening. According to
official statistics, prisons designed to hold 5,330 prisoners held more
than 13,160 prisoners as of August. 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. According to the
Ministry of Home Affairs, 91 inmates died of tuberculosis or dysentery
between January and September. The Government attempted to address
water and sanitation problems with funds from donors, and water systems
were rehabilitated at two prisons.
In April the Minister of Home Affairs reported that starvation was
occurring in prisons throughout the country because the Prison Service
had not received enough funds for food. He indicated that long-term
measures to produce sufficient maize for prisoners had been worked out
to avoid food shortages in the future. Efforts were underway to expand
agricultural production in prisons so that they would be self-
sufficient.
On June 2, the Minister of Home Affairs announced that more than
100 terminally ill and aged prisoners that had not committed
unpardonable offenses would be released within 2 weeks as a
humanitarian gesture and to relieve overcrowding. On October 18, the
Minister announced that another 170 terminally ill and aged prisoners
would be released within 48 hours again to relieve overcrowding. Both
of these prisoner releases took place.
Women and men were held separately. Juveniles often were not held
separately from adults. Pretrial detainees were not held separately
from convicted prisoners.
The Government permitted prison visits by both domestic and
international NGOs and by resident foreign diplomats during the year.
Provincial human rights committees periodically inspected prison
conditions. The LRF maintained a prison visitation program under which
it participated in the deportation of prohibited immigrants to their
countries of origin to help relieve prison overcrowding (see Section
2.d.). The LRF reported some improvement in its working relationship
with prison authorities in arranging prison visits.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention; however, the Government did not respect
these prohibitions. Criminal suspects often were arrested on the basis
of insubstantial evidence or uncorroborated accusations. Unlike in the
previous year, there were no reports that family members or associates
of criminal suspects sometimes were detained, interrogated, and
physically abused by the authorities in attempts to identify or locate
suspects. Attorneys and family members were permitted access to
pretrial detainees.
Although there was a functioning bail system, overcrowded prisons
reflected in part the large number of detainees charged with offenses
for which bail was not granted. These included treason, murder,
aggravated robbery, and violations of narcotics laws, as well as lesser
offenses such as motor vehicle theft. The Oasis Forum, a local NGO,
called for abolition of the nonbailable provision in laws regarding
motor vehicle theft, which was applied in the August arrests and
detention of Xavier Chungu, former chief of the ZSIS, and Richard
Sakala, who was former President Chiluba's press aide. Chungu also was
charged with abuse of authority in making irregular payments from a
secret government account. There were no cases of ``constitutional
bail,'' which may be granted in cases in which a judge determined that
the accused has been detained for an excessive period without evidence
being presented against him or her.
Indigent detainees and defendants rarely had the means to post
bail. The Government's legal aid office was responsible for providing
representation for indigent detainees and defendants in criminal or
civil cases; however, in practice few received assistance. The office
had nine attorneys and a budget of $128,000 (576 million kwacha) during
the year.
Police stations frequently became ``debt collection centers,''
where police officers acting upon unofficial complaints indefinitely
detained debtors without charge, until they paid the complainants. In
return the police received a percentage of the payments.
Pretrial detention often was prolonged. On December 6, the Chief
Judge of the High Court said that over 1,000 detainees were awaiting
trial in Lusaka in facilities intended to hold only 260 detainees. In
some cases, defendants were awaiting trial for as long as 2 to 3 years.
In past years, some defendants had waited as long as 10 years for
completion of appeals processes that reached the Supreme Court. 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
(see Section 1.e.).
In March a 29-year-old mother, Alice Munachilengala, and her 3-
year-old baby were forced to spend a night at Kamanga police post after
being accused of disobeying police orders. The woman was released
without being charged; however, she was required to pay $2.22 (10,000
kwacha) for sleeping in police cells. There were no further
developments by year's end.
In April Lukas Zulu, a 34-year-old farmer, was detained for 4 days
on suspicion of stock theft, then released without explanation. When he
asked why he was not being taken to court, the officers ordered him not
to ask any questions concerning his detention. No action was taken by
year's end.
Authorities arrested four journalists on charges of defamation
during the year (see Section 2.a.).
Two Members of Parliament (M.P.s) and two journalists charged in
2001 with defamation of former President Chiluba were acquitted in July
(see Section 2.a.).
There was no action taken in the following 2001 cases of arbitrary
arrest and detention: The January detentions of a mother, father, and
their 1-year-old daughter; the March detention of Kennedy Kangwa for 2
months; and the March beating and detention of Godfrey Mulundano.
There were no developments in the following court cases: The 1999
murder case against Donald Phiri; the 2000 case against four opposition
cadres; and the 2000 case against Imasiku Mutangelwa.
The law prohibits government use of exile for political purposes,
and the Government did not use it. In May the Government revoked
earlier deportations of William Banda, former Lusaka Urban District
Governor and a leader of the United National Independence Party, and
Majid Ticklay, who was deported by the Government in 2000 after he
wrote a letter publicly urging the Asian community to unite behind one
political party. Banda and Ticklay returned to the country without
incident.
During the year, the Government sought to assure citizens who
remained in self-imposed political exile in foreign countries that they
could return. In May the press reported that Liberal Progressive Front
President Dr. Roger Chongwe, living in Australia, was invited home and
assured of his safety in the country; however, he did not return during
the year.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the judicial system was hampered by
lack of resources and inefficiency. The President nominates and the
National Assembly confirms the Chief Justice and other members of the
Supreme Court. On July 31, Chief Justice Matthew Ngulube resigned after
being named as a beneficiary of a secret government account. On August
9, President Mwanawasa announced increases in salaries and benefits for
judges when he swore in Ernest Sakala as the country's new Chief
Justice. One opposition newspaper alleged that the increments were
awarded in an attempt to influence the court's decision on petitions
alleging rigging in last year's presidential elections (see Section 3).
During the year, the courts issued a number of rulings against the
Government, senior officials, and the ruling MMD party. In addition,
the courts acquitted or discharged journalists and M.P.s charged in two
defamation suits (see Section 2.a.).
The Supreme Court had appellate jurisdiction for all legal and
constitutional disputes. The High Court, which held regular sessions in
all nine provincial capitals, had authority to hear criminal and civil
cases and appeals from lower courts. Magistrate courts had original
jurisdiction in some criminal and civil cases; local, or customary,
courts handled most civil and petty criminal cases in rural areas.
Local courts employed the principles of customary law, which varied
widely throughout the country. Lawyers were barred from participating
in proceedings in such courts, and there were few formal rules of
procedure. Presiding judges, who usually were prominent local citizens,
had substantial power to invoke customary law, render judgments
regarding marriages, divorces, inheritances, other civil proceedings,
and rule on minor criminal matters. Judgments often were not in
accordance with the Penal Code; for example, they tended to
discriminate against women in matters of inheritance (see Section 5).
Trials in magistrate courts were public, and defendants had the
opportunity to confront their accusers and present witnesses; however,
many defendants lacked the resources to retain a lawyer, and the
limited resources of the Government's legal aid department meant that
legal aid was unavailable for many citizens. Courts were congested, and
there were significant delays in trials while the accused remained in
custody. In criminal cases, the law requires that a detainee be charged
and brought before a magistrate within 24 hours; in practice the
authorities held most detainees for more than 1 month from commission
of an offense to the first appearance before a magistrate. In many
cases, an additional 6 months elapsed before a magistrate committed the
defendant to the High Court for trial. Following committal, preparation
of the magistrate court record for transmittal to the High Court took
months, or in some cases as long as a year. Once a case reached the
High Court for trial, court proceedings lasted an average of 6 months.
Approximately 30 of 72 magistrate positions were filled by fully
qualified individuals, the rest were filled by lay magistrates. Unlike
in the previous year, there was no strike action during the year by
magistrates or judges.
In 2000 the Magistrates and Judges' Association tried to expedite
the process of court appearances by setting up a fast-track court that
could quickly hear minor, uncomplicated cases. During a 2001 strike by
the Magistrates and Judges' Association, this mechanism was suspended
and has not been reinstated. During the year, courts began hearing
cases on Saturdays on a voluntary basis to reduce backlogs.
Courts continued to act independently and at times made judgments
and rulings critical of the Government (see Section 3). For example, in
both July and September, the courts stayed implementation, pending
judicial review, of Parliament's unanimous decision to revoke former
President Chiluba's immunity from prosecution.
Appeals in the cases of 59 military personnel detained during a
1997-98 state of emergency and later sentenced to death for involvement
in an attempted coup were ongoing. On September 30, the Supreme Court
held a hearing on the appeals, but the case was adjourned. The appeals
again were heard in December; however, a ruling was not issued by
year's end.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government frequently did not respect these prohibitions in practice.
The law requires a search or arrest warrant before police may enter a
home, except during a state of emergency. Police routinely ignored this
requirement and often arrested alleged criminals at their homes without
an arrest warrant.
Roundups of suspected illegal aliens in the home or workplace
continued (see Section 2.d.). According to the Government's
Commissioner for Refugees, immigration officials were empowered under
the law to conduct these roundups without a warrant.
The Constitution grants the Drug Enforcement Commission and the
ZSIS authority to wiretap telephones for probable cause. There were no
confirmed reports of wiretaps during the year.
Unlike in the previous year, police did not detain or abuse
relatives and associate of suspects.
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 these rights in practice. The Penal Code prohibits various
activities that may be interpreted broadly to restrict these freedoms
such as regulations requiring prior notification of rallies and libel
legislation.
In response to headlines and stories of alleged corrupt practices
on the part of government officials, the accused government officials
and other individuals have brought numerous libel suits against the
independent Post newspaper. During the year, nearly 80 cases filed over
a period of 6 years were waiting to be adjudicated. The private print
media routinely criticized the Government.
On October 8, police issued a warning to M.P. Vitalis Mooya for
alarming the nation by stating publicly that three persons in his
constituency died of hunger. The Government had declared a crisis due
to drought in some areas but repeatedly told the public that relief
supplies were adequate. On October 21, the DPP announced that Mooya
would not be prosecuted.
The Government exercised considerable influence over the
Government-owned media, including reviewing articles prior to
publication and censuring individuals responsible for published
articles or programs deemed offensive by the Government. As a result,
workers in the Government media generally practiced self-censorship.
The Government-owned media continued to be supportive of the
Government. In August the Government-owned Zambia National Broadcasting
Corporation (ZNBC) excluded experts who regarded grain containing
genetically modified organisms (GMO) as safe for human consumption from
a program debating whether the country should accept food relief
assistance that could not be certified as GMO-free.
A number of privately owned newspapers questioned government
actions and policies, and these circulated without government
interference. For the last 5 years, the leading private daily, the
Post, had an Internet website that attracted more than 15,000 readers
per month. The Government-controlled Times of Zambia and Zambia Daily
Mail, two of the most widely circulated newspapers, also had websites.
The law provides that investigative tribunals can call as witnesses
journalists and media managers who print allegations of parliamentary
misconduct. Failure to cooperate with a tribunal could result in
charges of contempt punishable by up to 6 months in jail. The media
criticized these provisions as clear infringements of freedom of the
press and as a means for parliamentarians to bypass the court system.
Although the Post continued to run articles containing explicit
information on government corruption cases during the year, Post staff
was not targeted for legal action over any of these stories.
On June 5, authorities arrested four journalists, Emmanuel
Chilekwa, Shaderick Banda, Kinsley Lwendo, and Jean Chirwa, for
defamation for reporting that President Mwanawasa suffered from
Parkinson's disease. On June 6, a Lusaka court refused to grant bail,
which the court reaffirmed on June 25. The International Secretariat of
Reporters without Borders took up their cause. On July 30, the Lusaka
Magistrate's Court discharged them after President Mwanawasa agreed to
accept their apology for the article. The journalists told the court
that the article was based on information obtained from Richard Sakala,
who served as former President Chiluba's press secretary.
On July 12, the Lusaka Magistrate's Court acquitted Post editor
Frederick M'membe, reporter Bivan Saluseki, and M.P.s Edith Nawakwi and
Dipak Patel on charges filed in 2001 of defaming former President
Chiluba. Nawakwi had called President Chiluba a ``thief'' in public
remarks, which Saluseki subsequently reported in the Post. All four had
been free on bail since their arrest in August 2001.
In addition to the Government-controlled radio station, there were
several church-related radio stations, two private commercial radio
stations, and three community radio stations in the country. Radio
Phoenix rebroadcast Voice of America (VOA), British Broadcasting
Corporation (BBC), and South African Broadcasting Corporation (SABC)
items. A Catholic radio network, Radio Yatsani continued broadcast
operations; however, the Government has not approved an application to
add an associated television station. The radio license limited Radio
Yatsani to three newscasts of 3 minutes each per day. Yatsani
officially had permission to rebroadcast VOA and BBC transmissions;
however, it first must have excerpts approved by the Ministry of
Information, a censorship process that effectively eliminated timely
rebroadcasts.
Unlike in the previous year, there were no reports of direct
government intervention in private broadcast operations.
The Government-owned ZNBC was the sole local-content television
station. Multichoice, a telecommunications company based in South
Africa, provided satellite and analog wireless subscribers with
television services. These services included broadcasts of Cable News
Network (CNN), BBC World, Sky Television, and the SABC's Africa News.
They also provided three BBC, one Radio France International, and VOA
radio news broadcasts. None of the services included local news
coverage. There was a second wireless television service, CASAT.
Trinity Broadcasting Network, a foreign-based, church-related
television network, broadcast a 24-hour transmission of prerecorded
religious programming from a rented studio at the former ZNBC complex.
Opposition political parties complained that government control of
the ZNBC and two major newspapers limited their access to the chief
means of mass communication in the country. Opposition politicians and
the Government submitted bills to Parliament that would revise media
legislation. At year's end, negotiations were underway to resolve
differences between the competing bills.
The Government did not restrict access to the Internet.
The Government did not restrict academic freedom. Although the law
gives the University Council a mandate to address faculty concerns, the
Minister of Education was empowered to appoint the members of the
Council; some academics criticized this provision as an infringement of
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. 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 unacceptable. In practice the
police did not interfere with most peaceful rallies whose leaders
followed the prior notification rule, especially when such events could
be described as politically neutral or favorable to the Government or
MMD. Unlike in the previous year, the authorities did not deny
permission to proceed with, ban, or block rallies planned by the
political opposition.
In July university students staged an unauthorized demonstration on
roads leading to Parliament buildings in order to demand revocation of
the former President's immunity from prosecution. Some members of the
National Assembly expressed concern that their personal safety might be
put at risk if they departed from the Parliament buildings without
acting on the immunity question, and the National Assembly passed the
Government-supported revocation before departing. To maintain order
police lined the roadways where the students were demonstrating;
however, they did not attempt to break up the gathering, and there was
no violence.
On November 26, a 14-year-old boy was killed and a 30-year-old
woman injured when police in a Lusaka neighborhood fired their weapons
to disperse a crowd protesting the demolition of squatters' dwellings.
This was a spontaneous demonstration, and there had been no prior
notification. The Government subsequently ordered local authorities to
suspend demolition of squatters' quarters.
There was no known action taken against police responsible for
injuring students during a demonstration in 2000.
The Constitution provides for freedom of association; however, the
Government placed some limits on this right in practice. All
organizations must apply formally for registration to the Registrar of
Societies. In most cases, authorities routinely approved these
applications. There were 45 political parties and dozens of NGOs
registered. The Government threatened to take action against those
organizations that did not submit annual reports to the Registrar of
Societies; however, no action has ever been taken.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Although the Constitution declared the country a Christian
nation, the Government in practice generally respected the right of all
faiths to worship freely.
The Government required the registration of religious groups, and
the Government approved all applications for registration from
religious groups without discrimination.
Religious leaders spoke out forcefully during the year in
supporting calls for investigation into, and prosecution of, corruption
and other abuse of public office during the administration of former
President Chiluba.
The Oasis Forum, composed of the Zambia Episcopal Conference, the
Christian Council of Zambia, and the Evangelical Fellowship of Zambia,
convened numerous public events to promote discussion of comprehensive
constitutional reform. Although disagreeing with the Oasis Forum's
position, the Government did not dispute the Forum's right to express
its views.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, at times the Government limited them in practice.
Police continued to man numerous roadblocks around the country to
control criminal activity, enforce customs and immigration regulations,
check drivers licenses, and inspect vehicles for safety compliance.
Police at times extorted money and goods from motorists at these
roadblocks. In an effort to reduce opportunities for corruption, signs
were erected at some roadblocks serving notice that payment of fees was
prohibited. These signs were not notably effective.
Unlike in the previous year, there were no raids by Angolan
government or UNITA forces in the country.
The law does not provide for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol; however, in practice the
Government complied with the provisions of these agreements. The
Government offered first asylum to refugees fleeing conflict in
neighboring countries. The U.N. High Commissioner for Refugees (UNHCR)
estimated that there were approximately 275,000 refugees, mainly
Angolans and Congolese, in the country at year's end, 135,000 of whom
were in formal camps. The Government cooperated with the office of the
UNHCR and other humanitarian organizations in assisting refugees.
Following the death in February of UNITA leader Jonas Savimbi and
the April ceasefire in Angola, the influx of refugees arriving from
Angola ceased. New arrivals from the DRC declined significantly during
the year. An estimated 10,000 Angolans spontaneously returned home,
4,000 of them from formal camps and settlements. In June, with UNHCR
and the Government's cooperation, the Angolan government carried out a
repatriation airlift of 149 refugees, mostly relatives of UNITA leaders
and families. The Government continued to cooperate closely with UNHCR,
and cautioned refugees against returning to Angola before facilities
were in place to receive them.
At year's end, the authorities held in detention pending
deportation approximately 200 illegal immigrants, principally from
neighboring countries. Because the immigration authorities lacked funds
for deportation, illegal immigrants sometimes were kept in prison for
extended periods, sometimes for more than 5 years. It was reported in
February that the Immigration Department had deported 103 illegal
immigrants to their respective countries, with travel funding from the
Permanent Human Rights Commission (PHRC). The Department planned to
deport 80 additional illegal immigrants, both as a humanitarian measure
and in order to alleviate prison congestion.
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 in practice through
periodic elections held on the basis of universal suffrage.
Under the Constitution, the President exercises broad authority.
The National Assembly ratifies major appointments and theoretically has
broad powers. The ruling MMD emerged from the December 2001 elections
lacking sufficient seats to hold an outright majority, thus
confirmation of some presidential appointees was delayed or blocked.
President Mwanawasa's anticorruption campaign had the broad support of
all parties, and on July 16, Parliament voted unanimously to revoke
former President Chiluba's immunity from prosecution. The MMD gained
majority control of the National Assembly by winning three by-elections
in August and September. Even with an MMD majority, the Government was
forced to withdraw several bills in November and December because of
opposition in Parliament. The anticorruption campaign resulted in many
arrests and suspensions of former and current government officials. No
prosecutions had been completed by year's end.
In December 2001, 11 political parties contested the presidential
elections. Levy Mwanawasa, the MMD presidential candidate, was elected
with 29 percent of the vote; runner-up Anderson Mazoka, the United
Party for National Development (UPND) candidate, won 27 percent of the
vote. The remaining 44 percent of the vote was divided among the other
nine opposition candidates. The MMD won 69 out of 150 elected
parliamentary seats, leaving it slightly short of a majority; the
remaining 81 elected seats were divided among several opposition
parties and 1 independent member. Approximately 55 percent of eligible
voters registered, and approximately 70 percent of registered voters
cast ballots. President Mwanawasa was sworn in on January 2.
Although noting general transparency during the voting, domestic
and international observer groups cited irregularities in the
registration process and problems in the tabulation of the election
results. There were no reports of violence or overt intimidation during
the elections. The MMD's use of government resources during campaigns,
including the Government-owned media, called into question the fairness
of the elections. Opposition parties further alleged that significant
rigging took place during the elections. Mazoka, Christon Tembo of the
Forum for Democracy and Development, and Godfrey Miyanda of the
Heritage Party challenged the election results in court on those
grounds. On July 23, the court banned public comments on this matter,
after the three petitioners claimed that they were intimidated by
President Mwanawasa's warning in a media interview that his accusers
should ``also be prepared to accept as a reward for their evidence that
they should be prosecuted and possibly convicted of theft or corrupt
practices.'' President Mwanawasa also indicated that he was unaware of
any election rigging and expressed publicly his willingness to step
down if the court nullified his election. The decision was pending at
year's end.
On July 29, when Mazoka and another party official were summoned to
police headquarters for questioning, the UPND complained that the
Government was attempting to ``vilify and scandalize'' the former
presidential candidate.
On July 29, following a second recount, the Lusaka High Court
declared incumbent Kabwata M.P. Given Lubinda of the UPND duly elected
M.P. in his constituency. The losing candidate, who had alleged
irregularities in ballot paper security, had challenged the December
result. In separate actions, the court also upheld elections in the
Itezhi-tezhi, Lukulu West, and Chiengi parliamentary constituencies.
On August 2, in response to suits brought by losing candidates, the
Lusaka High Court nullified the December 2001 parliamentary election
results in the Isoka East and Isoka West constituencies, which had been
won by Foreign Affairs Deputy Minister Catherine Namugala and Harry
Sinkala, respectively, both of the ruling MMD party. The court cited
contradictory maps, which created confusion over the constituency
boundaries. The courts also overturned election results in Lukulu East,
Msanzala, and Mulobezi. In all cases, M.P.s applied for a stay of
judgment, pending rulings on their appeals to the Supreme Court.
Parliamentary by-elections were held in the Bwacha, Lufwanyama,
Mwandi, and Kabwe Central constituencies. Local and international
monitors and observers formally were accredited upon payment of $2.22
(10,000 kwacha) and $33.33 (150,000 kwacha) fees, respectively. The
ruling MMD party candidates won all four seats in what observers judged
as free and fair elections, and it now has a slim majority in
Parliament.
Parties and NGOs generally were satisfied that the new system of
voter registration adopted in advance of the 2001 elections was not
subject to manipulation by the ruling party. However, the overall
process of voter registration remained inefficient and difficult for
eligible citizens to use.
There were 18 women in the 158-seat Parliament (150 members were
elected, while 8 others were appointed by the President). Former
ambassador Gwendoline Konie and Dr. Inonge Mbikusita-Lewanika were the
first women to run for president in the 2001 elections.
There were 2 elected ethnic Asians in the 158-seat Parliament.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. Unlike in the
previous year, there were no known complaints by human rights or civic
education NGOs of harassment by the Government or organizations
supported by the Government.
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,
continued to press for a more transparent democratic electoral system.
Human rights, development, and election NGOs monitored the by-elections
during the year and organized civic education activities focused on
improving voter participation and information. Several of these
organizations worked to organize voter awareness campaigns and create
conflict resolution bodies to address violations of the electoral code
of conduct.
Government representatives cooperated with the international NGO
Transparency International that mounted a campaign to encourage
adoption of a national strategy against corruption.
Human rights training that the LRF offered to arrange for police
officers in Livingstone did not materialize; however, the LRF reported
that senior police commanders have adopted a more responsive attitude
toward human rights organizations. A local NGO conducted human rights
training during the year for police personnel in the Southern Province.
The Government did not interfere with inquiries or visits by human
rights organizations or other international representatives. The LRF
had access to imprisoned clients.
A Supreme Court justice chairs the PHRC; other members were drawn
from throughout society and included 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 and spoke out on behalf of
detainees and prisoners. The Commission oversaw human rights committees
in all provincial capitals. Independent human rights groups complained
that the PHRC was understaffed, underfinanced, and lacked sufficient
authority to enforce its recommendations.
Section 5. Discrimination Based on Race, Sex, 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 citizens of partial or full
foreign ancestry from the presidency violated the prohibition on
discrimination based on place of origin. These amendments also prohibit
traditional chiefs, who were accorded authority and privileges as
chiefs, from running for political office unless they resigned their
chieftainships.
Women.--Domestic violence against women was a serious problem. Wife
beating and rape were widespread. Domestic assault is a criminal
offense. The police had a Victim Support Unit (VSU) to handle the
problems of domestic assault, wife beating, mistreatment of widows by
the deceased husband's relatives, and ``property grabbing''; however,
the police in practice often were reluctant to pursue reports of
domestic violence, preferring instead to encourage a reconciliation.
The Government and NGOs expressed continued concern about violence
against women, and the media continued to devote considerable publicity
to it during the year. Recent statistics were not available; however,
more than 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 of the cases either were dismissed
or remain unresolved. The courts normally sentenced defendants
convicted of rape to hard labor. Since many rape cases were not
reported to the police, the actual number was considered to be much
higher. In 2001 at its ``Drop In'' Center in Lusaka, the Young Women's
Christian Association reported 12 cases of sexual abuse, 22 cases of
domestic violence, and 257 cases of marriage problems.
Prostitution was considered prevalent, but no statistics were
available. In April a police investigation was begun into allegations
that five police officers had engaged in sexual harassment of
prostitutes. The case was dropped after the prostitutes failed to
identify positively the police officers who allegedly had harassed
them.
Seven women who returned to the country from Angola reported sexual
abuse there (see Sections 6.c. and 6.f.).
Both the Constitution and the law entitle women to equality with
men in most areas; however, in practice women were disadvantaged
severely in formal employment and education compared with men. Married
women who were employed often suffered from discriminatory conditions
of service. Women had little independent access to credit facilities;
in most cases, they remained dependent on their husbands, who were
required to cosign for loans. As a result, few women owned their own
homes. Some small financial institutions allowed women to sign
independently for loans.
Customary law and practice also placed women in a subordinate
status with respect to property, inheritance, and marriage, despite
constitutional and legal protections. Polygyny was permitted if the
first wife agreed to it at the time of her wedding. During the year,
the NGO Women and Law in Southern Africa campaigned against the common
traditional practice of ``sexual cleansing,'' under which a widow had
sex with her late husband's relatives as part of a cleansing ritual.
Under the law, the children of the deceased man equally shared 50
percent of an estate; the widow received 20 percent; the man's parents
received 20 percent; and other relatives received 10 percent. The
widow's share must 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. However,
under the traditional customs prevalent in most ethnic groups, all
rights to inherit property rested with the deceased man's family. In
practice property grabbing by the relatives of the deceased man
remained widespread, although increased training of local court
officials may have brought about a slight decrease in the number of
incidents. Ignorance of the law on the part of victims was a problem.
As a result, many widows received little or nothing from the estate.
The fines that the law mandated for property grabbing were extremely
low. During the year, the Law Development Commission, a semiautonomous
body linked to the Ministry of Legal Affairs, began a review of the
Intestate Succession Act. In response to the President's criticism of
property grabbing, the police, through its VSU, handled instances of
property grabbing as criminal offenses.
NGOs that predominantly represented women's interests were
particularly active as lobbying organizations. The Non-Governmental
Organizations Coordinating Committee, an umbrella organization for
women's NGOs, was influential in the Oasis Forum, which continued to
conduct civic education programs on the issue of constitutional reform.
Women for Change conducted a series of high profile human rights
awareness programs with traditional leaders.
Children.--The Government sought to improve the welfare of
children, but scarce resources and ineffective implementation of social
programs continued to affect adversely the welfare of children. The
Ministry of Sport, Youth, and Child Development, the Ministry of
Education, the Ministry of Labor, and the Ministry of Community
Development and Social Services had the responsibility for improving
child welfare.
Government policy provided for compulsory basic education for the
first 9 years of elementary school; however, this policy was not
enforced, and many children did not attend school. In March the
Government announced the elimination of school fees and mandatory
uniforms for primary education students, in an effort to increase
school attendance by children of impoverished families. This initiative
was commended widely and has reversed the decline in primary school
attendance; the net enrollment ratio for children of primary school age
increased from 66 percent in 1999 to 68 percent by year's end.
Inadequate educational facilities and a scarcity of educational
materials were problems. Some areas have established community schools;
however, these schools had fewer resources than public schools and
required contributions from parents. The number of girls and boys in
primary school was approximately equal; however, fewer girls attended
secondary school.
The number of street children in Lusaka increased from
approximately 35,000 in 1991 to approximately 95,000 in 2001, partly
because of the growing number of orphans whose parents have died from
HIV/AIDS. Approximately 75 percent of all households were caring for at
least one orphan; these children faced greater risks of child abuse,
sexual abuse, and child labor. Approximately 7 percent of households
were headed by children due to the death of both parents. The
Government instituted programs to increase public awareness of HIV/
AIDS.
Child abuse was believed to be fairly common, but few statistics
were available. On July 30, the Deputy Minister of Home Affairs told
Parliament that 925 child defilement cases were recorded over the last
2 years, of which 753 had been prosecuted. Of those numbers, 260 cases
involved allegations of incest by parents. In August the National
Initiative for Citizen's Awareness called on the Government to
institute more severe penalties and step up prosecution of such
offenses.
Child prostitution occurred (see Section 6.f.).
Laws against child prostitution were not enforced effectively;
however, cases of child pornography and sexual exploitation generally
were enforced effectively.
Persons with Disabilities.--Persons with disabilities faced
significant societal discrimination in employment and education. The
Government took steps to ameliorate their hardships, including
establishing a national trust fund to provide loans to persons with
disabilities to help them start businesses, but its efforts were
limited by scarce resources. The Government did not legislate or
otherwise mandate accessibility to public buildings and services for
persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution recognizes the right
of workers to form and belong to trade unions, and these rights were
exercised and protected in practice. The procedures for registration
set forth in the Industrial and Labor Relations Act (IRA) were somewhat
burdensome. For example, no organization can be registered unless it
had at least 100 members; however, with some exceptions, no trade union
may be registered if it claims to represent a class or classes of
employees already represented by an existing trade union or eligible
for membership in an existing trade union. Unions may be deregistered
under certain circumstances; however, the IRA provides for notice,
reconsideration, and right of appeal to an Industrial Relations Court.
In practice antiunion activities were not permitted prior to
registration of a new union; however, the IRA provides for a 90-day
period during which objections to registration may be lodged in
writing.
The law provides the right of unions and their leaders to conduct
their union activities without outside interference, and adequate
enforcement mechanisms existed to protect this right. Unions acted
independently of government, political parties, and other institutions
in practice.
Approximately 60 percent of the 300,000 formal sector workers were
unionized. Of the country's 19 large national unions, organized by
industry or profession, 17 were affiliated with the Zambian Congress of
Trade Unions (ZCTU). The ZCTU was operated democratically and, like its
constituent unions, was independent of any political party and the
Government. The Zambia Union of Financial and Allied Workers and the
Primary Teachers Union of Zambia were independent of the ZCTU.
The law codifies the ``one union, one industry'' principle, but
allows for a multiplicity of trade unions as well as federations of
trade unions. The Bankers Union of Zambia, although registered with the
Government in 1993, was unable to operate because the employers
recognized the existing Zambia Union of Financial and Allied Workers.
The Secondary School Teachers Union of Zambia (SSTUZ) and the Zambia
National Teachers Union (ZNUT) continued to operate; however, most
teachers still belonged to the ZNUT. The ZNUT lost bargaining power
when some members switched to separate unions for primary and secondary
school teachers; these unions experienced difficulty gaining the
attention of the Government. Unions continued to experience increasing
fragmentation due to a shrinking formal sector and changes in labor
laws that decreased union leverage. Only 11 percent of the eligible
workforce was employed in the formal sector; approximately 60 percent
of the country's labor force was engaged in agriculture.
In a May 5 interview, Minister of Labor and Social Security Mutale
Nalumango expressed an intention to crack down on organizations that
violated labor laws such as by deliberately hiring casual workers for 5
months and then terminating their contracts in order to avoid employing
them on a full-time basis after 6 months as required by law. In
response to complaints that foreign investors were exploiting workers,
the Minister announced plans to go from company to company to determine
whether their employment policies met legal requirements; however, no
known action was taken by year's end.
The law prohibits discrimination by employers against union members
and organizers. Workers have access to an Industrial Relations Court
(IRC) established by the IRA, which functions independently of
government. Employers may not refuse to engage, dismiss, penalize, or
discriminate against an employee for union membership or for holding
union office. An employee who believed that he has been penalized for
union activities may, after exhausting any existing administrative
channels for relief, file a complaint with the IRC. This court had the
authority to order the appropriate redress for the aggrieved worker.
The complainant may appeal a judgment of the IRC to the Supreme Court.
The IRC often ordered employers to reinstate workers found to have been
victims of discrimination. The IRC had inadequate resources to handle
the majority of the cases before it in a timely manner.
Under the IRA, a trade union is authorized to affiliate with a
trade union organization or federation outside the country by a simple
majority decision of members present and voting at a general conference
of the union, provided that the Commissioner of Labor is notified
within 21 days. The ZCTU was a member of the International
Confederation of Free Trade Unions (ICFTU), and ZCTU President Fackson
Shamenda served as President of the ICFTU during the year. In October
Shamenda retired from the presidency of the ZCTU but remained President
of the ICFTU at year's end. Labor leaders traveled without restrictions
to international conferences and visited counterparts abroad.
b. The Right to Organize and Bargain Collectively.--The right to
collective bargaining, without government interference, is protected in
law and freely practiced. Employers and unions in each industry
negotiated collective bargaining agreements through joint councils in
which there was no government involvement. Civil servants and teachers,
as public officials, negotiated directly with the Government.
Collective disputes were referred first to conciliation. If
conciliation failed to resolve the dispute, the parties may refer the
case to the IRC or, in the case of employees, vote to strike. In
practice the industry joint councils functioned effectively as
collective bargaining units.
All workers have the legal 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 Security and
Intelligence Service, the law defines as essential services any
activity relating to the generation, supply, or distribution of
electricity, to the supply and distribution of water, to sewerage, to
fire departments, and to the maintenance of safe and sound conditions
in underground working environments such as shafts and machinery in the
mining sector. It permits strikes only after all other legal recourse
has been exhausted. Those procedures were sufficiently cumbersome that
there has not been a legal strike since 1993. The law prohibits
employers from retribution against employees engaged in legal union
activities. Workers engaged in illegal strikes did not enjoy this
protection.
In protest over nonpayment of accrued salary arrears and delayed
payment of their July salaries, Copperbelt University lecturers
initiated a ``go slow'' action, and the University of Zambia Lecturers
and Researchers' Union (UNZALARU) organized a strike from July 31 to
August 12. Government released a sum of $66,667 (3 billion kwacha) to
cover those payments. Health workers and the Resident Doctors
Association of Zambia (RDAZ) also carried out a ``go-slow'' over late
payment of their July salaries. In August lecturers at Evelyn Hone
College in Lusaka boycotted classes for a week, after a registrar was
suspended for allegedly leading efforts to bring about improved
employment conditions. After student demonstrators clashed with police,
the institution was closed on August 18, and police in riot gear
compelled students to vacate the campus. No action was taken against
the workers engaged in these strikes.
In November 2001, the country adopted an Export Processing Zones
(EPZ) Act, providing for the designation of areas or premises where
business enterprises will be entitled to relief from numerous taxes and
duties. The listed incentives did not extend to exemption from
applicable labor laws, and no such zones were established by year's
end.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and the law
was enforced effectively; however, it authorizes the Government to call
upon citizens to perform labor in specific instances, for example,
during national emergencies or disasters. The Government also may
require citizens to perform labor that was associated with traditional
civil or communal obligations, as when all members of a village were
called upon to assist in preparing for a visit by a traditional leader
or other dignitary.
There were reports that Angolan government soldiers and UNITA
rebels abducted persons for forced labor; however, there were no such
reports following the Angolan cease-fire in April.
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 enforced this law in the
industrial sector, where there was little demand for child labor
because of high adult unemployment. Child labor was most concentrated
in the hotel and catering industries, construction, farming,
transportation, prostitution, and household work. The law was not
enforced for those who work in subsistence agriculture, domestic
service, and informal sectors, where children under the age of 16 often
were employed. Acute family poverty levels and economic factors
contributed to child labor, and the problem was compounded by the HIV/
AIDS epidemic, which has produced a growing number of orphans.
In urban areas, children commonly engaged in street vending. The
International Labor Organization estimated that approximately 564,000
children were in the work force during the year. A Child Labor Survey
conducted by the Central Statistical Office placed the number at
595,000. While approximately 87 percent of working children worked in
the agricultural sector, the number of children migrating to urban
areas and living as street children increased rapidly, due to growing
numbers of orphans resulting from the death of both parents due to HIV/
AIDS.
As of September, an estimated 600 children were prevented from
entering the labor market and 1,400 children withdrawn from hazardous
work and provided with educational opportunities by direct action
programs carried out by NGOs under the National Program on the
Elimination of Child Labor.
The National Steering Committee of the National Country Program on
Child Labor coordinated efforts at addressing the root causes of child
labor.
e. Acceptable Conditions of Work.--The minimum wage for
nongovernment workers whose wages and conditions of employment, which
were not regulated through collective bargaining, was determined by
category of employment. Based on a 48-hour workweek, the legal maximum
for nonunionized workers, a general worker earning the minimum wage
would receive $17.28 (76,800 kwacha) per month. The minimum wage was
insufficient to provide a worker and family with a decent standard of
living, and most minimum wage earners supplemented their incomes
through second jobs, subsistence farming, or reliance on the extended
family.
With respect to unionized workers, wage scales and maximum workweek
limits were established through collective bargaining. In practice
almost all unionized workers received salaries considerably higher than
the nonunionized minimum wage. The minimum workweek for full-time
employment was 40 hours, which was the normal workweek. The law
requires 2 days of annual leave per month of service. The Government
effectively enforced these standards.
The law also regulates minimum health standards in industry, and
the Department of Mines was responsible for enforcement. The Inspector
of Factories under the Minister of Labor handled factory safety;
however, staffing shortages limited enforcement effectiveness. There
were provisions in the law to protect the right of workers to remove
themselves from work situations that endanger health or safety without
jeopardy to their continued employment. The Government has acted when
well-known occupational health problems existed, for example, by
requiring underground mine workers to receive annual medical
examinations. The LRF reported three cases during the year of employers
assaulting their workers, represented workers seeking compensation for
on-the-job injuries, and urged the Government to enact stiffer
penalties governing violent employer-employee incidents. Foreign
workers were protected under the law and were not treated by specific
legislation.
f. Trafficking in Persons.--The Constitution prohibits trafficking
of children under the age of 18, as well as trafficking in women for
immoral activities; however, there were reports of trafficking in
persons.
There are laws that criminalize child prostitution, pornography,
and sexual exploitation of children under the age of 21; however, the
presence of an estimated 95,000 street children in Lusaka contributed
to the proliferation of street begging and prostitution. Anecdotal
reports indicated that the food crisis resulted in an increase in
prostitution, including child prostitution, in severely affected rural
areas near transit routes. Statistics on child prostitution were not
available, but it was considered widespread.
There were reports of small-scale trafficking of Zambian women to
South Africa for prostitution and the use of the country as a transit
point for regional trafficking of women to South Africa for
prostitution.
Early in the year, Angolan government forces or UNITA deserters
abducted 59 citizens and forced them to accompany them back to Angola,
where the abductees were forced to herd cattle, carry logistical
supplies, and engage in prostitution. They were returned to the country
by July 1 (see Sections 1.b. and 5).
__________
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
since independence in 1980. Although the Constitution allows for
multiple parties, opposition parties and their supporters were
subjected to significant intimidation and violence by the ruling party
and government security forces, and financial restrictions continued to
be imposed on the opposition. In 1999 the country's first viable
opposition party emerged, the Movement for Democratic Change (MDC),
which won 57 out of 120 seats in the 2000 parliamentary elections. The
March presidential election was preceded and followed by a government-
sanctioned campaign of violence directed towards supporters and
potential supporters of the opposition. Although the voting process
itself generally was peaceful, most election observers agreed that
there were widespread and serious irregularities and that the election
process was not free and fair. The Constitution provides for an
independent judiciary; however, the Government eroded its independence
by installing judges sympathetic to government policies, sanctioning
intimidation against sitting judges, and ignoring or overturning
judgments with which it did not agree.
The Zimbabwe Republic Police (ZRP) was responsible for maintaining
law and order. Although the ZRP officially was under the authority of
the Ministry of Home Affairs, in practice it was controlled by the
President's Office. The Zimbabwe National Army and Air Force under the
Defense Ministry were responsible for external security; however, they
frequently were called upon for domestic operations during the year.
The Central Intelligence Organization (CIO), under the Minister of
State for National Security in the President's Office, was responsible
for internal and external security and had powers of arrest. Senior
government and ruling party members tightly controlled the security
forces. Members of the security forces committed numerous, serious
human rights abuses.
An estimated 60 percent of the population of approximately 12
million survived on subsistence agriculture and approximately 75
percent relied directly or indirectly on agriculture for their
livelihood; however, there were significant mining, manufacturing, and
service sectors. The political crisis, a drought, excessive government
spending, manipulation of interest rates, money supply growth in excess
of 100 percent, and the Government-sanctioned land occupations led to
inflation, diminished agricultural harvests, reduced foreign investment
and tourism, acute foreign exchange and fuel shortages, accelerating
unemployment, and shrinking real incomes. The country's gross domestic
product (GDP) dropped to an estimated $4.1 billion (Z$6,560 billion).
During the year, per capita GDP fell to $344 and, according to
authoritative estimates, more than 70 percent of the population lived
below the poverty line. International experts estimated that half the
population faced starvation by year's end.
The Government's human rights record remained very poor, and it
continued to commit numerous, serious abuses. The Constitution provides
citizens the right to change their government through free and fair
election; however, in practice President Mugabe and his ZANU-PF party
used intimidation and violence to maintain political power. A
government-sanctioned, systematic campaign of violence targeting
supporters and potential supporters of the opposition began in late
2001 and intensified during the year. Security forces committed
extrajudicial killings. Ruling party supporters and war veterans (an
extralegal militia), with material support from the Government,
expanded their occupation of commercial farms, and in some cases
killed, abducted, tortured, beat, abused, raped, and threatened farm
owners, their workers, opposition party members, and other persons
believed to be sympathetic to the opposition. There were reports of
politically motivated disappearances. Security forces and government
youth militias tortured, beat, raped, and otherwise abused persons.
Prison conditions remained harsh and life threatening. The Government
frequently did not take steps to prosecute human rights abusers and
official impunity was a problem. Arbitrary arrest and detention and
lengthy pretrial detention remained problems. The Government undermined
the independence of the judiciary by manipulating the composition of
the courts and repeatedly refusing to abide by judicial decisions.
Infringements on citizens' privacy continued. The Government expanded
its far-reaching ``fast-track'' resettlement program under which nearly
all large-scale commercial farms, of which most were white-owned, were
designated for seizure without fair compensation.
The Government continued to restrict freedom of speech and of the
press, passed new legislation that imposed stringent controls on the
independent media, enforced restrictive laws against journalists,
intimidated, arrested, and prosecuted journalists who published
antigovernment articles, and monopolized radio and television
broadcasting. Journalists also practiced self-censorship, and the
Government continued to restrict academic freedom. The Government
restricted freedom of assembly and used force on numerous occasions to
disperse nonviolent public meetings and demonstrations. The Government
at times restricted freedom of movement. Hundreds of thousands of farm
workers were displaced internally due to the ongoing land resettlement
policies, and tens of thousands of opposition supporters were displaced
by threats of violence. The Government manipulated the electoral
process effectively to disenfranchise thousands of voters. The
Government's Grain Marketing Board (GMB) routinely and publicly denied
handouts of maize meal to suspected MDC supporters and provided it only
to ruling party supporters. The Government attacked and arrested
members of civil society and human rights nongovernmental organizations
(NGOs) and accused the NGOs of sponsoring opposition political
activity. Domestic violence against women remained widespread, and
discrimination against women and persons with disabilities remained
problems. Abuse of children and child prostitution were problems. The
President and his government encouraged widespread resentment of the
white minority. The Government violated worker rights. Child labor was
a problem. There were anecdotal reports of trafficking in persons.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces
committed several extrajudicial killings, and in numerous other cases,
army and police units participated or provided transportation and other
logistical support to perpetrators of political violence and knowingly
permitted their activities.
The Zimbabwe Human Rights NGO Forum, an umbrella group of 9
prominent domestic human rights organizations, reported that 58 persons
were confirmed killed as a result of political violence during the
year, mostly perpetrated by supporters of the ruling party. ZANU-PF
supporters committed almost all of the killings during the year. The
majority of those killed in political violence were MDC activists or
supporters. A number of farm workers reportedly were killed in
political violence; however, exact figures were not known.
For example, on January 28, a group of men in a car accosted
Tichaona Katsamudangu in Harare and demanded to know where MDC meetings
were held and who occupied MDC party structures. The men then grabbed
Katsamudangu and attached cables from the car's revving engine to his
thighs and fingernails. Katsamudangu later was forced to swallow an
herbal substance, which induced severe diarrhea. He died 4 days after
the attacks as a result of his injuries and dehydration. No official
action was taken by year's end.
In February war veterans and a suspected CIO officer abducted and
tortured for a month three MDC activists from Nkayi, Tembendi Ndebele,
Venny Dube, and Newman Bhebhe in an underground military-style bunker.
Ndebele died of his injuries shortly after being released. No official
action was taken by year's end.
On March 8, unknown assailants killed Amos Museva, a war veteran,
on his plot of land in Masvingo. Prior to his death Museva was
embroiled in a dispute over ownership of his plot with the daughter of
the Deputy Minister of Youth, Gender, Development, and Employment
Creation. Police arrested suspects in connection with Museva's death;
however, a trial date was not set by year's end.
On September 22, ZANU-PF supporters hacked to death MDC supporter
Nikoniari Chibvamudeve in Hurungwe West prior to the rural district
council elections. Faston Chipurupuru, another MDC supporter who was
with Chibyamudeve at the time, sustained cranial axe wounds and barbed
wire lacerations on his back. Twelve arrests were made; however, there
was no further official action by year's end.
At least one commercial farmer was killed during the year. Security
guards of the Government official who was to receive the property
ambushed and shot him.
There were no new developments in the following 2001 cases of
killings: The March killing of a soldier in police custody; the April
beating death by police of a University of Zimbabwe (UZ) student; the
August death of Vusumuzi Mukweli while in custody; and the October
beating death by two army soldiers of a man in a Guruve police station.
There was no legal action taken against members of the security
forces who in August 2001 killed 3 striking members of the Steel
Workers' Union and injured 10 others.
In November 2001, six ZDF soldiers beat and threw Lameck Chemvura,
a UZ student who they suspected of supporting the MDC, from a moving
train; he subsequently died from his injuries. The soldiers also beat
and harassed other passengers. Six soldiers were arrested; however,
only one was charged with murder. The police denied that the case was
politically motivated. The Rusape magistrate court postponed the case
several times and appeared unwilling to try it by year's end.
Lawyers from the Zimbabwe Human Rights NGO forum filed a lawsuit
against the police on behalf of the families of the 12 victims of a
stampede at a soccer match in 2000. The police failed to respond to the
lawyers' allegations that they behaved negligently in firing tear gas
into the crowd. The lawyers obtained an order from the court compelling
the police to respond to the specific allegation of negligence;
however, the police refused to comply. By year's end, the lawyers
planned to file an application for a default judgment on behalf of the
victims' families with the court.
No further action was taken, nor was any likely to be taken, in the
following 2001 cases: The March killing in Muzarabani and Hoya wards,
Mashonaland Central province of two MDC members by ZANU-PF supporters;
the May assault by four suspected ZANU-PF supporters of Misheck Mwanza
that led to his subsequent death in June; and the December abduction
and killing of Augustus Chacha, an MDC activist, by suspected ZANU-PF
supporters.
The six MDC suspects charged with the 2001 murder of Bernard Gara,
a ZANU-PF supporter, during clashes between ruling party and opposition
supporters at Baradzanwa Business Centre in Bikita West were acquitted
and subsequently released.
The case of Tawanda Mutinzwe, a ZANU-PF supporter, charged with
murder and held without bail for allegedly torturing two men to death
with a hot iron in 2001 remained pending at year's end.
Despite a May 29 High Court ruling ordering the Government to
release three of the nine MDC members implicated in the 2001 killing of
Cain Nkala, Bulawayo War Veterans Chairman, on bail until a trial date
has been set, they remained in custody. In 2001 the Attorney General's
office charged Remember Moyo, Khethani Sibanda, and Sazini Mpofu with
murder. The trial date was postponed from November to early 2003 and
the accused remained in detention awaiting trial at year's end.
Police arrested several government youth brigade members for the
2001 killing of Trymore Midzi, the MDC vice-chairman for the Bindura
district. The youth brigade members appeared in court, were released on
bail, and no trial date was set by year's end. Following Midzi's death,
local ZANU-PF supporters forced the Midzi family out of their home. No
one had been arrested in connection with the deaths of three other MDC
activists, including Titus Nheya, an MDC candidate who ran for office
but was defeated in the 2000 parliamentary election.
The MDC members implicated in the 2001 killing of war veteran and
ZANU-PF supporter Willis Dhliwayo were released without being charged;
an investigation was ongoing at year's end.
During the year, police failed to comply with a High Court Order to
arrest two known suspects, one of whom serves as the head of the CIO
branch in Chimanimani, in the 2000 beating death of the MDC leader
Morgan Tsvangirai's campaign manager and another person. There were no
arrests or court actions in the case by year's end.
There was no known investigation or action taken, nor is any likely
to be taken, against the ZANU-PF supporters responsible for the
following killings in 2000: The March killings in Mberengwa district;
the April killing of Luckson Kanyurira and another MDC supporter; the
May beating to death of Alex Chisasa; the May beating to death of
Mationa and Onias Mashaya; and the June killing of Mandishona Mutyanda,
MDC ward chairman for Kwekwe district.
There was no action taken, nor was any likely to be taken, against
a group of war veterans, including active duty defense force personnel
in civilian clothing, for the April 2000 killing of MDC organizer and
commercial farmer David Stevens, or the three men armed with rifles who
killed commercial farmer Henry Elsworth in December 2000.
Unlike in the previous year, there were no reports that the use of
excessive force to disperse demonstrations resulted in deaths (see
Section 2.b.).
Harsh prison conditions and a high incidence of HIV/AIDS were
acknowledged widely to have contributed to a large number of deaths in
prison; the Zimbabwe Prison Service documented that 1,051 prisoners
have died of HIV/AIDS-related causes since 1998 (see Section 1.c.).
However, some deaths in custody and prison may have been due to abuse.
There were no reports of landmine deaths during the year.
On May 2, the body of MDC polling agent Tipason Madhobha was found
in a stream near the Ganye Dam in Gokwe. Madhobha went missing on April
10 after he left his home with a group of neighbors to search for
missing cattle. Although the family demanded a postmortem, there was no
further inquiry into the cause of Madhobha's death or the circumstances
surrounding his disappearance by year's end.
There were no substantial developments in the 2001 killing of 72-
year-old Gloria Olds, a commercial farmer. Police arrested one suspect
shortly after the murder and claimed that the investigation into Olds'
death was ongoing; however, no further action was taken by year's end.
ZANU-PF supporters allegedly killed her son, Martin Olds, in 2000.
The police investigation into the 2001 killing of Kwekwe farmer
Ralph Fenwick Corbett was ongoing; however, they reportedly had no
leads on the case and no one was arrested by year's end.
Unlike in the previous year, there were no reports of ritual
murders and killings of children for body parts that were associated
with traditional religious practices. On July 22, the High Court
acquitted Faber Chidarikire on a ritual murder charge.
b. Disappearance.--During the year, there were 35 reports of
politically motivated disappearances mostly committed by ZANU-PF
supporters, especially in the rural areas where most organized groups
were loyal to the Government and few opposition organizations. Domestic
human rights organizations believed that there were disappearances in
rural areas that were not reported due to fear of retribution by
progovernment factions. Many abductees were beaten or tortured, others
later were found killed (see Sections 1.a. and 1.c.).
On March 6, suspected ZANU-PF supporters in Mabvuku abducted Thomas
Manyika, the MDC polling agent for Mt. Darwin. Manyika was carrying a
package of MDC T-shirts when he boarded a local commuter bus. When
Manyika disembarked, six men followed him. No suspects were arrested in
connection with Manyika's disappearance, nor had the police made any
inquiries into the circumstances surrounding his abduction.
In July Musande Matsveta, the MDC treasurer for Buhera South,
reportedly was abducted from a funeral service in Masasa by suspected
ZANU-PF supporters. On the same day and in the same town, a second MDC
member, Kudzai Magama, was abducted from his home by suspected ZANU-PF
supporters. Magama's and Matsveta's whereabouts remained unknown. It is
unclear whether police were conducting an investigation into their
disappearances.
In the pre-election period prior to the September 28 and 29 rural
district council elections, at least three MDC candidates were kidnaped
and beaten, and several others assaulted (see Section 1.c.). For
example, on July 21, ZANU-PF youth allegedly abducted Meynard Mashapa,
a potential MDC candidate in the September election in Tanganda,
Manicaland, from the Tanganda shopping center, held him for 3 days, and
assaulted him. MDC members later rescued him from the home of a ZANU-PF
member in Chipinge. The MDC identified those responsible; however, the
police took no action on the case by year's end.
There were no further developments or action taken in the following
2001 cases of disappearance: The January abduction, beating, and
interrogation for 2 nights of Eide Javachava, a messenger of former MDC
parliamentary candidate Elliot Pfebve, by four CIO agents in Harare;
the April and May abductions and attempted extortion of managers of
urban NGOs and private companies by war veterans; the reported May
abduction and detention for several hours of Joel Sithole, the MDC
candidate for a local election in Plumtree, by masked men suspected of
being ZANU-PF supporters; the July reported abduction of Chipo Ruzive
and 27 MDC supporters--the whereabouts of 5 of the supporters remained
unknown at year's end--in Bindura by armed police officers claiming to
be war veterans; the July reported kidnaping and torture of 13 MDC
supporters by war veterans in Bindura; and the September abduction at
knifepoint and detention for 4 hours of the wife and daughter of Elliot
Pfebve.
In 2000 suspected ZANU-PF supporters abducted Patrick Nabanyama, a
local MDC official and polling agent for Bulawayo South Member of
Parliament (M.P.) David Coltart, from his home. Seven war veterans,
including Cain Nkala, the chairman of the National Liberation War
Veterans Association in Bulawayo, reportedly were arrested and detained
for the kidnaping. In 2001, a day after the war veterans' release on
bail, Nkala was kidnaped and killed (see Section 1.a.). Unable to
charge the remaining six with kidnaping because of President Mugabe's
2000 blanket amnesty for political crimes, the Attorney General charged
them with murder. Court records reportedly included admissions by some
of the accused to kidnaping and torturing Nabanyama; however, in June
the judge, noting the absence of a body, acquitted the accused.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however,
security forces tortured, beat, and otherwise abused persons. The ZRP
showed poor training in criminal apprehension and interrogation, and
there were unconfirmed reports of human rights abuses by the CIO. There
continued to be reports of police using excessive force in apprehending
and detaining criminal suspects. Government supporters continued to
beat and torture suspected opposition members, commercial farmers, and
farm laborers, and some persons died from torture during the year (see
Section 1.a.).
Security forces were involved in incidents of political violence,
including instances of soldiers beating civilians nationwide,
particularly in areas where persons voted for the opposition.
Government supporters continued to beat and torture suspected
opposition members, commercial farmers, farm laborers, and trade union
members (see Section 6.a.). An international team of experts from the
International Center for Rehabilitation of Torture Victims, led by Dr.
Inge Gefencke, visited the country in 2001 and concluded that there was
systematic mass physical and psychological torture perpetrated by
government supporters throughout the country. Human rights groups have
reported that war veterans and other ruling party supporters set up
torture chambers in government-funded offices, police stations, and
schools to brutalize opposition supporters. National youth training
camps were the source of government youth militia forces, which were
deployed widely to harass, abduct, and torture suspected MDC supporters
during the presidential elections. There were reports that the camps
were used to teach paramilitary skills and expertise in political
oppressions and torture (see Section 6.c.). The Zimbabwe Human Rights
NGO Forum reported 1,061 cases of torture during the year as part of a
campaign of political violence.
On February 28, riot police attacked the MDC provincial office in
Harare where MDC polling agents were training Philip Jani and others.
The police beat Jani and the other agents, took them to the Harare
Central Police station, and detained them for 4 days before releasing
them without charge at year's end.
On April 6, suspected CIO officers abducted MDC provincial
secretary for information and publicity for Midlands, Robbie Siyanai,
from the Gweru Central Police station, where he was visiting detained
MDC members and took him to an undisclosed location in Gweru where they
beat him with their fists, booted feet, and whips. They demanded
Siyanai renounce his MDC membership. Siyanai was severely injured in
the attack. There were no arrests or investigations by year's end.
In August four MDC members were arrested and detained in connection
with the killing of senior ZANU-PF activist Ali Khan Manjengwa in the
Mbare area of Harare, including Mbare East M.P. Tichaona Jefter
Munyanyi, who was held for 2 days. MDC intelligence officer Solomon
Chikowero and Harare councilor Linos Mushonga were held in police
custody and subjected to beatings and electric shock torture for 4
days. Joshua Rusere still was detained without charge.
On September 27, police arrested MDC youth activists Tom Spicer,
Cosmos Ndira, Barabas Ndira, Reuben Tichareva, and Tendai Maluzi in the
Mabvuku area of Harare. The five were held incommunicado for 4 days at
Harare Central Police Station and then released. During his detention,
Spicer, an 18-year-old college student, was separated from the others,
handcuffed, repeatedly beaten on the soles of his feet, and subjected
to electric shock torture lasting 4 hours at a time. No official action
was taken against the responsible policemen by year's end.
On December 10, police arrested then beat and tortured the
Secretary General of the Zimbabwe Confederation of Trade Unions (ZCTU),
Wellington Chibebe.
Persons perceived as supporting the opposition, including judges,
teachers, civil servants, health workers, and laborers in the
manufacturing sector, were singled out for assault or intimidation by
ruling party supporters (see Sections 1.e. and 6.a.). From interviews
with victims the Zimbabwe Human Rights NGO Forum reported 75 cases of
assault and 34 cases of torture against teachers. In most cases, the
national police did not halt acts of political intimidation or
violence, arrest the perpetrators, or investigate political crimes. For
example, on March 11, ZANU-PF youths attacked 50 polling agents at a
Mt. Darwin counting center where they were guarding ballot boxes
overnight. Although the agents reported the attack to the local police,
by year's end, no arrests were made. Some victims who were tortured or
beaten died as a result of their injuries (see Section 1.a.).
On August 1, suspected ZANU-PF youths assaulted Tapera Dzingai, the
opposition Chairman for Mbare East in his home. The youths allegedly
broke down the door of his house and beat him with broken bottles and
sticks. Dzingai filed a report with the police; however, they refused
to arrest any suspects. The Police Commissioner Wayne Bvudzijena later
said he was unaware of the allegations.
In the months preceding the September nationwide rural council
elections, ruling party supporters beat and threatened opposition party
candidates in an organized campaign of intimidation that resulted in
hundreds of MDC candidates withdrawing from the election (see Section
1.b.). There also were reports of beatings, rapes, and arrests of MDC
officials and supporters following the election.
Prior to the September elections, government militia abducted more
than 100 MDC supporters and took them to Gunduza School in Gunduza, one
of the three sites ZANU-PF set up in Mashonaland Province to detain and
beat MDC supporters. Known or suspected MDC supporters were taken to
these three sites, pressured to defect to ZANU-PF, and beaten or raped
if they refused. In 2001 war veterans set up camps at Kitsiyatota,
Chiveso, Murembe, Mupandira, and Maizeland Farms in Bindura district
where they tortured captured opposition supporters. The Zimbabwe Human
Rights NGO Forum reported that war veterans also established torture
camps at Foothill Farm and Nyawa in Bindura in 2001 and at schools in
other parts of the country during the year.
On November 15, war veterans detained a foreign diplomat, a local
embassy employee, a U.N. employee, and a local citizen for 45 minutes
and beat the citizen and the embassy employee. No arrests were made by
year's end.
During the year, ruling party supporters increased their attacks on
teachers who they suspected of supporting the opposition.
War veterans and ZANU-PF supporters continued to harass,
intimidate, and abuse journalists considered to be sympathetic to the
opposition during the year (see Section 2.a.).
In a number of rural areas, war veterans and other ZANU-PF
supporters conducted ``pungwes'' (forced nightly political gatherings).
Hundreds of villagers were rounded up, driven to remote areas, and
forced to chant ZANU-PF slogans or denounce the opposition until the
next morning.
Unlike in the previous year, there were no reports that managers of
urban NGOs and private companies were abducted or beaten by ZANU-PF
members.
Unlike in the previous year, there were no reports that war
veterans targeted for abuse ZANU-PF members who were not carrying the
new party identification cards.
There was no action taken, nor was any likely, against the
responsible officials in the following 2001 cases: The January
detention and torture of MDC supporter Ishmael Kauzani by police
officers and CIO agents; the May reported beating of the occupants of
local nightclubs and other establishments by 50 army recruits; and the
July beating of residents in Harare's suburbs during a strike by
police; the July beating with batons by police officers in Harare's
Budiriro township of Richard Jachi and his wife; and the September
detention by police officers and beating by young ZANU-PF members of
Tinaapi Diura, a local MDC official in Chikomba.
No action was taken in the following 2001 cases: The June abduction
and severe beating of Fani Javangwe in the Harare township of Epworth
by ZANU-PF supporters who accused him of being pro-MDC; the June attack
on MDC M.P. Willias Madzimure in his home during which his maid and two
residential guards sustained serious injuries; the July ambush and
stoning of a motorcade carrying MDC President Tsvangirai and several
MDC M.P.s by several hundred ZANU-PF supporters in which five persons
were injured seriously; the September beating and stabbing of MDC-
supporter Mutandera; the October abduction and torture of 10 MDC
supporters, including a local MDC official, in Gokwe district by ZANU-
PF supporters; the November beating and whipping of numerous farm
workers and their families, including a 5-year-old boy, near the town
of Marondera by ZANU-PF supporters; the November assault by hundreds of
war veterans and ZANU-PF supporters on shoppers, schoolchildren, and
other persons in Bulawayo that caused numerous injuries; and the
November reported raid by 300 war veterans on a farm near Chegutu
during which they beat farm workers, causing 20 persons to be
hospitalized, and burned 42 houses.
There was no known action taken against the ZANU-PF supporters or
war veterans responsible for torturing, beating, or otherwise abusing
the persons in the following cases from 2000: The April beating and
killing of several MDC supporters; the April beating and killing of a
commercial farmer; the May beating of Eomonn Oliver; the May beating to
death of an army sergeant; the May beating to death of an opposition
supporter and his son; the June beating of several journalists; the
June beating of an MDC ward chairman; the June reported attacks on 200
schools; the July beating of The Standard journalist Cengetayi Zvanya;
and the August sexual abuse of 10 school children.
No action was taken, nor was any likely to be taken, against the
army soldiers who allegedly beat an MDC M.P. and MDC members at a
political rally in 2000 or against the police and security forces who
used excessive force to disperse demonstrations or soccer matches in
July and October 2000.
The Amani Trust and Musasa Project reported that at least 14
politically motivated rapes were committed during the year but noted
that the figure likely was grossly underreported due to cultural
taboos. The attacks targeted MDC supporters, their daughters, and their
wives (see Section 5).
There were reports that young girls were raped at national youth
service training camps (see Section 5).
Security forces repeatedly used force, including tear gas, to
disperse nonviolent demonstrations; security forces also beat
demonstrators, which resulted in injuries (see Section 2.b.).
Unlike in the previous year, there were no reports that the
Government used excessive force to disperse strikes during the year.
The Government generally has not pursued actively past allegations
of torture and has not prosecuted CIO or ZRP officers for such abuses.
The 2000 amnesty protects nearly all the agents of the political
violence campaign and effectively prevents any criminal prosecutions
against them (see Section 1.e.).
No further action was taken by year's end against two suspects who
reportedly shot a farmer three times at close range in the Macheke area
in November 2001.
There were no reports of landmine injuries during the year.
Prison conditions remained harsh and life threatening. The
Government's 42 prisons were designed for a capacity of 16,000
prisoners; they held more than 25,000 at year's end. Overcrowding
became worse, and shortages of clothing and poor sanitary conditions
persisted, which aggravated outbreaks of cholera, diarrhea, and HIV/
AIDS-related illnesses. Government prison service authorities have
determined that exposure to HIV/AIDS was a major cause of a large
number of deaths in detention, and prison authorities called for more
research to address this growing problem; some authorities argued for
the early release of such terminally ill prisoners. Fletcher Dulini-
Ncube, an MDC M.P. who was arrested in 2001 for the killing of Cain
Nkala and held in Khami Maximum Security Prison for more than 1 month,
reportedly was denied regular access to medications for diabetes and
hypertension.
In 2001 the Government established a successful community service
sentencing program to try to alleviate prison overcrowding. The Legal
Resources Foundation, in cooperation with the prison service, had
established a human rights training program for prison officials.
Officials who mistreated prisoners were punished routinely.
There was a significant increase in the number of women
incarcerated during the year. Female prisoners were held in separate
cellblocks from male prisoners. There were an estimated 2,000 women in
prison, increasingly for crimes of prostitution, embezzlement, fraud,
petty theft, and abandonment of infants. Many incarcerated women were
obliged to raise their very young children in prison if they had no one
to care for them while they were detained. Juveniles generally were
held separately from adults; however, a local NGO reported that
occasionally juveniles, particularly juveniles between the ages of 16
and 18 years, were held with adult prisoners for brief periods of time.
Pretrial detainees generally were held in group cells until their
bail hearings. If detainees were charged and held in custody, they
routinely were held with the general prison population until trial.
The Government permitted international human rights monitors to
visit prisons; however, government procedures and requirements made it
very difficult to do so. Permission was required from the Commissioner
of Prisons and the Minister of Justice, which sometimes took a month or
longer to obtain or may not be granted. A local NGO that deals with
prisoners' issues was granted access on a number of occasions during
the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, some laws
effectively weakened 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 were required except in cases of serious crimes or
where there was the risk of evidence disappearing. There was a growing
problem, especially in rural areas, in which victims or witnesses of
crimes who report to the police were charged themselves with the crimes
of the perpetrators. Although a preliminary hearing before a magistrate
is required within 48 hours of an arrest (or 96 hours over a weekend),
the law often was disregarded if a person did not have legal
representation. Police typically arrested individuals accused of
political crimes on Fridays, so that they could detain them legally
until Monday. In several cases, police claimed not to know where they
were holding a detained individual, which delayed a hearing on bail
release.
Detainees generally were not allowed prompt or regular access to
their lawyers. Authorities often informed lawyers who attempted to
visit their clients that detainees were ``not available.'' Family
members generally were denied access unless accompanied by an attorney.
Detainees, especially those from rural areas without legal
representation, routinely were held incommunicado. Family members and
attorneys often were not able to verify that a person had been detained
until the detainee appeared in court.
The Criminal Procedures and Evidence Act substantially reduced the
power of magistrates to grant 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 lessened the
negative effect of the rule. High Court judges granted bail
independently.
The Official Secrets Act and the Public Order and Security Act
(POSA), which replaced the colonial era Law and Order Maintenance Act
(LOMA), grant the Government a wide range of legal powers. The POSA,
which gives extensive powers to the police, the Minister of Home
Affairs, and the President to prosecute persons for political and
security crimes that are not defined clearly, was passed by Parliament
in January.
Prolonged pretrial detention remained a problem. Detainees spend an
average of 6 months incarcerated before their trials because of a
critical shortage of magistrates and court interpreters.
On June 3, Law Society of Zimbabwe President Sternford Moyo and
Executive Secretary Wilbert Mapombere were arrested and held by police
for 48 hours. During their detention they were denied food, access to a
toilet, and were given a lice-infested blanket. On June 4, police
arrested and interrogated the entire staff of the Law Society for
approximately 4 hours. The arrests stemmed from allegations that Moyo
was involved in planning mass action to overthrow the Government with
the opposition MDC and British High Commission. Due to a lack of
evidence the Attorney General had not made a decision on whether to
take the case to trial, but was scheduled to do so by the next hearing
scheduled for February 2003.
On August 3, plainclothes police officers arrested M.P. and MDC
treasurer Fletcher Dulini-Ncube for the second time in connection with
Nkala's death. Dulini-Ncube, a severe diabetic, was taken from a
Bulawayo hospital where he was recuperating from having an eye
surgically removed, and detained at a police station for 6 hours.
Although Dulini-Ncube was allowed to return to the hospital later that
day, the police accompanied him to the hospital and posted guards both
inside and outside his room. On August 5, Dulini-Ncube was to be
formally indicted in the Nkala murder case; however, the judge
postponed the indictment hearing indefinitely for lack of evidence.
Following the August 8 deadline for commercial farmers to vacate
their properties, police arrested and detained hundreds of farmers, or
in their absence, their family members, most for a few days, for
refusing to vacate their properties. After posting bail, all of them
reportedly were released (see Section 1.f.).
On September 13, retired Judge Fergus Blackie was arrested on
trivial charges, detained largely incommunicado, and not permitted his
required medication for 4 days. Before he was pressured into retiring
in July, Blackie sentenced Justice Minister Patrick Chinamasa to a 3-
month jail sentence for contempt of court. The U.N. Special Rapporteur
on the Judiciary criticized publicly the Government's treatment of
Blackie. At year's end, Blackie's son William was organizing an
international effort to get the charges against his father dropped.
On September 29, the MDC M.P. for Chimanimani, Roy Bennett was
arrested and detained for 2 days without access to his attorney along
with bodyguard Menson Magwaza and business partner Stuart Girvin. They
were charged with violating the Electoral Act for video taping food
distribution to ZANU-PF supporters at a polling station during the
rural district council elections. Magwaza reportedly was tortured and
Girven beaten while in police custody. Bennett and Magwaza were
released on bail of $6.25(Z10,000). Girvin, who is South African, was
released on bail of $12.50 (Z$20,000).
Police arrested several journalists during the year (see Section
2.a.).
Police arrested persons holding meetings and during the forcible
dispersal of gatherings (see Section 2.b.).
Police arrested religious leaders during the year (see Section
2.c.).
No action was taken, nor was any likely to be taken, in the
following 2001 cases: The July arrest and beating of Richard Jachi and
his wife by police officers in Harare's Budiriro township; the July
police raid of an MDC office and their arrest of 33 youths who police
claimed were responsible for attacks on ZANU-PF supporters in Bindura;
the July arrest and release by police of three journalists for
reportedly photographing the police beating of workers who were
participating in a 2-day national strike; the July arrest, questioning,
then release of Wellington Chibebe, the Zimbabwe Confederation of Trade
Unions' (ZCTU) Secretary General; and the August arrest then release on
bail of a number of white farmers and their relatives.
No action was taken, nor was any likely to be taken, in the 2001
cases of protesters arrested and charged with violence under the LOMA.
No action was taken, nor was any likely to be taken, in the 2000
cases of police detaining 70 persons during food riots, and police
arresting 20 MDC supporters preparing for an MDC rally.
The Constitution prohibits forced exile, and the Government did not
use forced exile; however, a number of persons left the country to
escape repression and remained in self-imposed exile at year's end. For
example, Nkosana Moyo, former Minister of Industry and International
Trade and his family remained outside the country at year's end.
On March 12, Captain Ernest Chuma disappeared from army
headquarters in Harare after an interrogation by members of the army's
counter-intelligence branch. He was accused of being an MDC supporter.
Fearing for his safety, Chuma fled the facility and went into hiding.
He had retained a lawyer to contest the army's allegations; however,
legal proceedings could not proceed because his whereabouts were
unknown. At year's end, he was being detained without charge at the
Francistown State Prison in Botswana.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and since independence the country's judiciary
generally had been independent. However, beginning in 2001 the
judiciary came under intense pressure to conform to government
policies, and the Government repeatedly refused to abide by judicial
decisions. In a July 25 speech, President Mugabe said, ``if judges are
not objective, don't blame us when we defy them.'' In addition numerous
government officials, including the Justice Minister and the Minister
for Information and Publicity, repeatedly called for the resignation of
justices whose rulings were not consistent with the policies of the
executive branch, and officials criticized the judiciary for these
rulings. In 2001 the Chief Justice was coerced into retiring early, and
during the year, a number of High Court judges resigned or retired
early after being subjected to intensive government pressure and
intimidation. In 2001 the International Bar Association conducted an
investigative visit to the country and criticized the intimidation of
judges and the forced retirement of the Chief Justice in its report.
The law provides for a unitary court system, consisting of
headmen's courts, chiefs' courts, magistrates' courts, the High Court,
and the Supreme Court. Civil and customary law cases may be heard at
all levels of the judiciary, including the Supreme Court.
Judges are appointed to serve until the age of 65 and may extend
their terms until the age of 70 if they remain in good physical and
mental health. The Constitution provides that they may be removed from
the bench only for gross misconduct, and that they cannot be discharged
or transferred for political reasons; however, during the year, judges
were coerced by the Government into resigning. For example, in July
High Court Judge Fergus Blackie retired early (see Section 1.d.).
In 2001 President Mugabe appointed three additional Supreme Court
judges, bringing the total number to eight. The Government stated that
the additional appointments were necessary to handle an increase in
workload; however, some members of the legal community criticized the
action as an attempt by Mugabe to pack the court. Magistrates, who are
part of the civil service rather than the judiciary, hear the vast
majority of cases and came under increasing political pressure during
the year after some of their decisions were interpreted as running
counter to government interests.
For example, on August 16, a mob of 150 to 200 ZANU-PF militants
and war veterans dragged Walter Chikwanha, a presiding magistrate, out
of his Chipinge courtroom and beat him. They then paraded him around
Chipinge forcing him to chant ZANU-PF slogans. This happened after
Chikwanha granted bail to five MDC officials accused of burning two
government tractors in Chipinge.
On August 28, the Zaka district resident magistrate, Godfrey Gwaka,
was stabbed in the chest and back while in the company of another court
official. The court official identified one of the two assailants, whom
police arrested. During and after the March election period, Gwaka had
heard cases involving political violence and five deaths in Zaka.
Observers intimated that Gwaka was attacked for his remarks and
judgments in favor of MDC supporters in those cases.
Military courts dealt with disciplinary or court-martial
proceedings. Police courts, which can sentence a police officer to
confinement in a camp or demotion, handle disciplinary and misconduct
cases. Trials in both these latter courts generally met internationally
accepted standards for fair trials. Defendants in these courts have the
right to appeal to the Supreme Court.
The Constitution provides for the right to a fair trial, but the
judiciary had difficulty enforcing this right due to political
pressures. Every defendant has the right to a lawyer of his choosing;
however, well over 90 percent of defendants in magistrates' courts did
not have legal representation. In criminal cases, an indigent defendant
may apply to have the Government provide an attorney, but this was done
rarely and granted rarely. However, in capital cases, the Government
provided an attorney for all defendants unable to afford one. Litigants
in civil cases can request legal assistance from the NGO Legal
Resources Foundation. All litigants were represented in the High Court.
The Supreme Court has instructed magistrates to ensure that
unrepresented defendants fully understood their rights and to weigh any
mitigating circumstances in criminal cases, whether or not the accused
presented 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 were open to the public
except in certain security cases. Defendants enjoyed a presumption of
innocence, the right to present witnesses, and the right to question
witnesses against them. Defendants and their attorneys generally had
access to government-held evidence relevant to their cases. The legal
system generally did 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.
Members of the ruling party and the Government increasingly were
dissatisfied with the judiciary when judgments were not to their
liking. In 2001 the Supreme Court overturned as unconstitutional
President Mugabe's decree prohibiting the nullification of the election
of any M.P. The ruling allowed the High Court to hear challenges to the
results in 38 constituencies--all but 2 of them submitted by the MDC--
in the 2000 parliamentary elections (see Section 3).
The Government and police routinely failed to abide by court
decisions ordering the removal of war veterans and other squatters
residing on commercial farms, and the Government routinely continued to
delay payment of court costs or judgments awarded against it.
Prior to 2000, the Government repeatedly amended the Constitution
in response to judicial decisions that were protective of human rights.
Amendments to the Constitution were not ratified by the public but were
subject only to the ZANU-PF-dominated Parliament's approval.
Constitutional amendments require a two-thirds majority vote, a margin
ZANU-PF has been unable to muster since the MDC won 57 of 150
Parliamentary seats in 2000.
In October 2000, President Mugabe issued a presidential decree
granting a general amnesty for politically motivated crimes that
occurred between January 1 and July 31, 2000. The pardon excluded the
offenses of murder, robbery, rape, sexual assault, theft, and
possession of arms, but did not exclude the charges of common assault
and assault with the intent to commit grievous bodily harm. The pardon
permitted the immediate release of prisoners convicted of the latter
two offenses. The amnesty protected nearly all the agents of the
political violence campaign that preceded the 2000 parliamentary
elections and effectively prevented any criminal prosecutions against
them. Domestic and international human rights groups criticized widely
the amnesty. Amnesty International expressed concern that it would
encourage further violence in the run-up to the March presidential
elections.
There were a few reports of MDC political prisoners held for
sustained periods of a month or more by CIO agents or war veterans in
unofficial locations. Police frequently detained opposition leaders and
supporters for several days at a time (see Sections 1.a., 1.c., and
1.d.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
security forces searched homes and offices without warrants, and the
Government was believed to monitor some private correspondence and
telephones, particularly international communications. The law permits
the Government to monitor and intercept e-mails entering and leaving
the country, and security services reportedly have used this authority
to monitor e-mail communication, although the extent of this monitoring
was unknown.
On August 4, approximately 10 armed policemen raided MDC President
Morgan Tsvangirai's home searching for ``arms of war, illegal
immigrants, and subversive materials.'' Although the police did not
find any of the items listed on the search warrant, they did confiscate
a car that belonged to Tsvangirai's assistant. Police claimed the car
was being used in illegal activities.
Police periodically conducted house-to-house searches in the
suburbs of Harare and Bulawayo during the year.
ZANU-PF supporters and war veterans attacked and destroyed the
homes of hundreds of opposition supporters and commercial farmers. For
example, on January 5, government militia stoned several houses in
Chitungwiza and Ruwa, including those of MDC legislators Fidelis Mhashu
and B. Tumbare-Mutasa, destroying property worth approximately $560
(Z$400,000). On January 20, police used tear gas in the Mpopoma home of
MDC M.P., Milton Gwetu.
On April 22, approximately 50 ZANU-PF youth set fire to MDC ward
chairman for Redcliff George Hungwe's house, destroying $7,092 (Z$5
million) worth of property. Prior to setting the fire, the perpetrators
forced Hungwe and his family into one bedroom. The Hungwes then fled
through a window as flames engulfed their house. The police claimed
that an investigation was ongoing, and no one was charged in connection
with the arson attack by year's end.
No action was taken against hundreds of ZANU-PF supporters who in
2001 embarked on a campaign of looting and burning farmhouses,
destroying crops, livestock, and farming equipment, and forced 60
farmers and their families--approximately 300 persons--to flee the
area. Many farm workers who refused to assist the looters were beaten.
There were credible reports of police involvement in the looting.
The Government continued to claim that white farmers occupied more
than 70 percent of the country's most productive land. The Commercial
Farmers Union disputed that figure, contending that members of the
white minority owned only 20 percent of the country's farmland, while
the remainder comprised communal land (government-owned), small-scale
farms, national parks, forest lands, and urban lands.
Shortly after a 2000 referendum defeated a proposed constitution
that would have permitted land seizures, Parliament passed a
constitutional amendment permitting the seizure of land without
compensation. In 2000 President Mugabe, using extraordinary
presidential powers, amended the 1992 Land Act to bring it into
conformity with this amendment. After the 2000 elections, the
Government began a ``fast-track'' resettlement program in an ostensible
effort to settle historical inequities in land ownership quickly. All
or portions of 1,250 commercial farms were occupied by war veterans,
ZANU-PF supporters, and other squatters who built homes and planted
crops on the land. Intimidation and work stoppages occurred daily for
commercial farmers and farm workers. In 2001 a newly-reconstituted
Supreme Court reversed a 2000 decision that the land occupations
violated constitutional private property rights and protection from
arbitrary search and entry, ruling that the fast-track program was
being conducted consistent with the law (see Section 1.e.).
In 2001 President Mugabe amended the Land Act by decree to permit
the immediate government seizure of all commercial farming land, and
the ZANU-PF dominated Parliament formalized this decree. The law
requires all farm owners who have received a Section 8, final
compulsory acquisition, notice to halt farming activities within 45
days of receipt of the order and leave their homes within 90 days. By
August approximately 97 percent of the 4,500 remaining commercial
farmers had received Section 8 notices.
In June the Government ordered all white commercial farmers who had
received Section 8 notices to cease farming operations, despite
widespread food shortages. In August the Government began arresting
farmers en masse after the time period expired for the first batch of
Section 8 notices. Most farmers who were arrested were detained for a
few days and released on bail; some were allowed to return to their
farms, and some ordered to abandon their standing crops and livestock.
Many farmers filed legal challenges, arguing that the acquisition
orders were not legitimate since they did not follow the Government's
own procedural laws. In many cases, the Government had not followed the
procedural step of having the Administrative Court sign an eviction
order; in others the Government had failed to notify banks or other
bondholders who had an interest in the properties. Some farmers had
limited success arguing in court that eviction notices were invalid
because they were not served on all interested parties of a property,
i.e. the bank or mortgage holder, the bondholder, and the farmer. In
practice they were often served on the farmer alone. In September
Parliament legislated that procedurally irregular Section 8 orders
could be reissued without starting a new 90-day evacuation period. In
addition, Section 8 orders that expired due to technical irregularities
or failure of the Government to acquire the property within its own
statutory time limit could be reissued with only a 7-day evacuation
period. In that legislation, the fine for farmers who failed to vacate
their property within the 90-day (or new 7-day) period increased 5-
fold.
By November war veterans had intimidated thousands of ex-commercial
farm workers into moving off of their original farms and into other
areas of the country. Hundreds had relocated themselves and their
families to the soil-poor Dande area in northern Zimbabwe and even
across the border into the neighboring Tete Province of Mozambique.
Even on farms that did not receive Section 8 orders or those that
received reprieves from the High Court, farmers were evicted with as
little as 2 hours notice. ``Settlers,'' war veterans, or government
youth militia members enforced evictions often in full view of police
who declined to intervene stating that it was a ``political matter.''
Estimates were that more than 500,000 farm laborers, and their families
were left destitute.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of expression but legislation limits 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. Police and ZANU-PF supporters
harassed, intimidated, and beat journalists. Security forces
arbitrarily detained journalists and refused to investigate or punish
security force members who tortured journalists and opposition members.
Journalists practiced self-censorship.
The Government continued to restrict freedom of speech,
particularly by opposition members and supporters and those making
public comments critical of President Mugabe. For example, on July 25,
MDC President Morgan Tsvangirai was asked to present himself at the
Harare Central Police station on allegations of plotting to overthrow
President Mugabe. Tsvangirai, who at the time was on bail for allegedly
plotting to assassinate Mugabe, was asked to sign a warned and
cautioned statement. He was alleged to have contravened Section 5 of
POSA, which refers to planning the overthrow of government, by
allegedly telling persons at a rally in Gwanda that ``what the MDC had
planned for Mugabe shall remain a secret.'' Tsvangirai was not charged
formally.
In a number of rural areas, war veterans and other ZANU-PF
supporters conducted pungwes, in which they forced villagers to chant
ZANU-PF slogans or denounce the opposition (see Sections 1.c. and
6.a.).
Several major daily newspapers and one local-language tabloid
belonged to the Mass Media Trust (MMT), a holding company heavily
influenced by the ZANU-PF. The Government, through the MMT, controlled
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 downplayed events or information that reflected
adversely on the Government. The Government-controlled media always
portrayed favorably President Mugabe and the Government. In 2001
Jonathan Moyo, Minister for Information and Publicity in the
President's Office, announced the dissolution of the MMT board and its
replacement by a new board, which reportedly was more sympathetic to
ZANU-PF. The Minister also controlled the Zimbabwe Inter-Africa News
Agency wire service.
The independent press continued to operate despite frequent attacks
and intense pressure from the Government. In addition to the Daily
News, an independent newspaper that had the nation's largest
circulation, there were three major weeklies (The Financial Gazette,
The Independent, and The Standard), and three monthlies. The major
independent newspapers continued to monitor government policies and
open their pages to opposition critics, but most of them also continued
to exercise self-censorship in reporting due to growing government
intimidation of the press and the continuing prospect of prosecution
under criminal libel and security laws.
The Government increasingly was intolerant, especially of reports
perceived to be critical of the security forces. The Government
tolerated private media criticism of official corruption; however,
corruption was not a major focus of the private media during the year.
The Government arrested and prosecuted editors and journalists who
contributed to published stories critical of government policies or
security force operations; however, the Government did not censor
directly the independent media.
Stricter measures, including the passage of two restrictive new
laws, were introduced to prevent negative coverage of the Government
and its policies. On January 22, the POSA was enacted to replace the
colonial-era LOMA. Clause 15 of POSA, intended to replace section 50 of
LOMA, makes it an offense to publish or communicate false statements
prejudicial to the state. Legal experts have criticized this section
saying that it imposes limits on freedom of expression beyond those
permitted by the Constitution. Clause 16 of POSA also makes it an
offense to make statements that will engender feelings of hostility
towards the President. 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.
In March the Parliament enacted the Access to Information and
Protection of Privacy Act (AIPPA), which was criticized strongly by
journalists, media analysts, and human rights organizations. Section 80
of AIPPA requires journalists to apply for accreditation from the Media
and Information Commission, the members of which were appointed by the
highly partisan Minister of Information and Publicity. Section 81 of
this Act also makes it an offense for journalists to submit a story
that already was published by another mass media service without the
permission of the owner of that service. Journalists also were
prohibited from falsifying or fabricating information, publishing
rumors or falsehoods, and collecting and disseminating information for
another person without the permission of their employer. On November
21, a trial challenging provisions of the AIPPA began and was pending
at year's end.
During the year, the Government used these acts to harass and
intimidate many persons, including journalists, human rights activists,
and opposition members. For example, on March 27, members of the CIO
arrested and detained overnight Peta Thornycroft, the Zimbabwean
correspondent for Britain's Daily Telegraph and for South Africa's Mail
and Guardian, in Chimanimani while she was investigating reports of
post-election violence and of a campaign of retribution against the
MDC. Her legal counsel was denied access to her and only was allowed to
see her after she was transferred to a Mutare police station. She was
detained in Mutare for 3 more nights and was released on March 31 only
after a High Court ordered her release. The police seized her
documents, her camera, and her automobile during the detention. Her
attorney described her charges as a ``fishing expedition'' by the
state. Thornycroft initially was charged under POSA for ``publishing a
false statement likely to be prejudicial to the state'' but later was
charged under section 83 of the newly enacted AIPPA, for ``posing as a
journalist'' since she had not registered with the Media Commission.
The Attorney General's office declined to prosecute, and Thornycroft
was challenging the constitutionality of the charges against her at
year's end.
On April 30, police arrested and detained two Daily News reporters,
Lloyd Mudiwa and Collin Chiwanza, for publishing a story alleging that
suspected ZANU-PF supporters had beheaded a woman in Magunje. The story
turned out to be false. Chiwanza and Mudiwa were detained for 2 nights
at Harare Central Police station. On May 1, the correspondent for the
British Guardian, Andrew Meldrum, was arrested and detained overnight
at his home in Harare for duplicating the story, and on May 20, the
editor-in-chief of the Daily News, Geoff Nyarota was arrested in
connection with the same story. All four journalists were charged under
Section 80 of the AIPPA for abusing journalistic privilege. Meldrum
became the first journalist to be tried under the AIPPA. On July 15, he
was acquitted by a Harare magistrate, but was served with deportation
papers, which required that he leave the country within 24 hours.
Meldrum was given an extension by the High Court, and Meldrum was
challenging the constitutionality in the Supreme Court of the
deportation order since he has been a resident in the country for 22
years. At year's end, Meldrum remained in the country pending the
hearing of his case. Nyarota and Mudiwa were challenging the
constitutionality of their charges, and their cases were pending before
the Supreme Court at year's end.
During the year, particularly in the presidential election period,
war veterans and other ZANU-PF supporters harassed, intimidated, and
abused journalists considered to be sympathetic to the opposition. For
example, in February war veterans and government youth brigades
regularly threatened the Daily News Masvingo bureau chief and
reporters, and at least once burned a Daily News delivery truck. In
March ZANU-PF youth and war veterans frequently intimidated and
assaulted the vendors of independent newspapers in Bindura, Masvingo,
Kariba, and Karoi, and on numerous occasions, destroyed their sale
copies of The Daily News, Financial Gazette, Zimbabwe Independent, and
The Standard.
There were no developments during the year in the trials under the
LOMA of MDC M.P. Peter Nyoni or Dirk Wouter du Ploy.
In January 2001, an explosion destroyed the printing press facility
of the Daily News. The Daily News continued to operate using a
combination of private and government-owned printers before replacing
its presses in September. There was a police investigation, but no
arrests were made by year's end, despite the fact that police were
given the registration number of the vehicle seen at the sight. Most
observers believe that the Government or ruling party was responsible
due to the professional nature of the operation.
There were no new developments in the following 2001 cases: The
July police arrest of three journalists reportedly for photographing
the police beating of workers who were participating in a 2-day
national strike; the August police arrest in the Chinoyi area of two
journalists from the weekly newspaper The Sunday Mirror who they
charged with ``publishing subversive statements''; the August arrest of
three editors, including Geoff Nyarota, the editor-in-chief of the
Daily news for criminal defamation; the September police arrest and
detention of two journalists during a mayoral election in Bulawayo; and
the December police arrest of two Daily News reporters in Bulawayo in
connection with the killing of Cain Nkala.
There were no new developments in the following 2001 cases: The
January raid on the Harare offices of the Daily News by war veterans
and other ZANU-PF supporters during which they harassed and assaulted
Daily News reporters, staff, and passers-by; the May beating by ZANU-PF
supporters of a Daily News reporter after he attempted to report on a
political meeting in Gweru; the August beating with wooden clubs by
ruling party supporters of Daily News reporter Mduduzi Mathuthu
(Mathuthu resigned from the Daily News and since has left the country);
the September severe beating with chains and other weapons by war
veterans and land occupiers of three journalists and one driver from
the Daily News; and the December attack on the Daily News office in
Harare by ZANU-PF supporters during which they beat a photographer who
was trying to film the attack.
There were no developments in the following 2000 cases: The
detention and harassment of a Daily News Journalist; the detention and
assault of Chengetai Zvauya; the attack on journalists during a peace
march; and the beating and abduction of a journalist for the
Independent, a foreign journalist, and her cameraman in Mutoko
district.
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 Minister for Information and Publicity in the
President's Office. There were credible reports that the Minister
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. It
was unclear how many Zimbabweans could actually listen to short wave
broadcasts, however, by January there were three independent radio
stations--two of which broadcast only on short wave for a few hours
daily--Radio Dialogue-FM, Short Wave Radio-Africa, and Voice of the
People (VOP) Radio. Short Wave Radio-Africa broadcast from the United
Kingdom; Voice of the People broadcast from the Netherlands via
transmitter in Madagascar. Radio Dialogue-FM produced prerecorded tapes
for distribution in the community, but did not transmit over the
airwaves.
On July 4, the police raided the offices of the VOP and searched
for a transmitter and other broadcasting equipment. They confiscated
133 tapes and files, and the VOP trust deed also disappeared in the
search. After questioning Trustees of the VOP, the police returned the
trust document and all other tapes seized. On August 4, three armed men
bombed the VOP offices shortly after midnight, completely destroying
the premises and all equipment and documents. No arrests were made by
year's end.
In 2001 the Broadcasting Services Bill became law, despite the fact
that Parliament's legal committee found the bill to be
unconstitutional. Section 47 of the Act gives the Act retroactive
effect to October 4, 2000, the day police shut down the private radio
station Capital Radio. The Broadcasting Services Act allows for one
independent radio broadcaster and one independent television
broadcaster but requires them to broadcast with a government-controlled
signal carrier. Under the Act, the Minister of Information remains the
final authority in issuing and revoking broadcasting licenses. Legal
rights groups criticized the Act for restricting broadcasting employees
to citizens who are resident in country; requiring 80 percent locally
produced content; setting aside free airtime for the Government to
``explain its policies''; and establishing a journalistic code of
conduct that potentially limits free speech.
On June 19, Capitol Radio challenged the legality of the
Broadcasting Services Act in the Supreme Court and argued that it was
unconstitutional to place broadcasting authority under the control of
the Minister of Information and Publicity. It also argued that the
Broadcasting Services Act was developed in such a way that it ensured
``the greatest difficulties were put in the way of anyone wishing to
obtain a broadcasting license.'' The Supreme Court reserved judgment in
the case, and there was no decision by year's end.
The Government controlled all domestic television broadcasting
stations. The ZBC owned and operated television broadcasting
facilities. During the year, ZBC appeared to lose its credibility and
audience, as fewer international programs were carried and regular
broadcasts of CNN were discontinued. Call-in talk shows, which carried
phone calls from viewers critical of the Government, were cancelled.
Prior to the presidential elections and continuing to year's end,
ruling party music videos were aired throughout the day promoting the
fast-track land redistribution program. The Government's key slogan
highlighted in these videos, ``Chave Chimurenga'' or ``the liberation
war has begun'' hinted at violence. Due to financial constraints, 60
percent of the ZBC staff members were fired, and some new employees,
loyal to the ruling party, were appointed to senior positions.
Joy Television (Joy TV) was the only privately licensed television
station; however, President Mugabe's nephew, Leo Mugabe, reportedly had
financial ties to it, and the ZBC reportedly exercised some editorial
control over Joy TV's programming. Joy TV was restricted to
broadcasting on an available channel that was leased from the ZBC
because the Broadcasting Act restricts the creation of an independent
transmission facility. Joy TV reportedly came under pressure to cease
regular, unedited BBC broadcasts, and the principal shareholder, James
Makamba, lost favor with the Government when he launched a political
talk show that included prominent opposition politicians such as MDC
President Morgan Tsvangirai. After May 31, Joy TV was not allowed to
broadcast. Despite public appeals and pressure from war veterans who
were reported to hold shares in the company, the Government refused to
continue leasing broadcast time to Joy TV.
International television broadcasts were available freely through
private satellite firms, although the requirement that payment must be
made exclusively in foreign currency made it unavailable for most
citizens.
The Media and Information Commission imposed more stringent
restrictions on both local and foreign journalists. One of the clauses
of the new media law prohibited foreign correspondents from applying
for greater then 30-day accreditation. The Commission declared October
31 as the deadline for the submission of applications for the
registration of media companies and accreditation of journalists. The
Chairperson for the Commission, Dr Tafataona Mahoso, announced that the
Commission intended to have all journalists registered before December
31. Many journalists applied for accreditation. Some received letters
from the Commission requiring them to pay the application fees in U.S.
dollars, and provide proof of their qualifications and examples of
their work. With the advice of their attorneys, the journalists refused
both requests. The Government had not made final decisions about whom
to register by year's end. In accordance with AIPPA, mass media
companies must pay an application fee of approximately $625
(Z$500,000). Journalists must pay $1.25 (Z$1,000) for application and
accreditation respectively. Freelance journalists must pay $0.63
(Z$500) and $3.13 (Z$2,500). Foreign journalists were supposed to pay
$50 (Z$40,000) and $100 (Z$80,000) for application and registration.
Foreign media companies have to pay $2,000 (Z$1,600,600) and $10,000
(Z$8,000,000).
The Government denied entry to journalists, including journalists
who were citizens, who it perceived to be portraying the country
negatively. On June 12, Florence Machio, a Kenyan journalist, was
detained at the Harare International Airport for failing to receive
advance clearance from the Minister of State for Information and
Publicity and was given until June 14 to leave the country. On
September 14, Griffin Shea, correspondent for Agence France Presse, was
forced to leave the country after the Government refused to renew his
work permit. Shea had been working in the country for 2 years.
Information Minister Moyo later said that no foreigner should be
resident in the country as a journalist.
Books and films were subject to review by the Zimbabwe Board of
Censors. The Board banned at least 10 films in recent years.
The Government did not restrict access to the Internet. During the
year, there were many privately owned domestic Internet service
providers (ISP's). However, the law permits the Government to monitor
all international e-mail messages entering and leaving the country (see
Section 1.f.). The arrests of journalist Andrew Meldrum and human
rights activist Frances Lovemore were because of articles published on
the Internet.
The Government restricted academic freedom. The University of
Zimbabwe (UZ) Amendment Act and the National Council for Higher
Education Act restricted the independence of universities, making them
subject to government influence, and extends the disciplinary powers of
the university authorities against staff and students. The Ministry of
Higher Education and Technology controlled the UZ and appointed its
Chancellor and Vice Chancellors; the Ministry also appoints the Dean of
Faculty, and most members of the University Council. During the year, a
number of students were brought before a disciplinary committee for
allegedly being MDC members, and faculty members reportedly were denied
promotions allegedly for supporting the MDC.
Unlike in the previous year, police did not disperse forcibly
students during protests at the UZ.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the right of assembly; however, the Government restricted
this right in practice through laws such as the new POSA. Legal experts
believed that the restrictions imposed by POSA on an individual's right
to freedom of assembly were unconstitutional. The police repeatedly
used force to break up nonviolent demonstrations by its critics and
erect roadblocks in urban areas to prevent public gatherings from
taking place. Although permits were not required for meetings or
processions, the POSA requires organizers to notify the police of their
intentions to hold a public gathering 7 days in advance. Failure to do
so would result in criminal prosecution as well as civil liability.
Although most groups that conducted marches did not seek permits, some
groups informed the police of their planned demonstrations. Police
insisted that their permission was required to hold public gatherings,
and they disrupted many events for which permission had not been
sought.
Under the POSA, the Government asserted the right to have police
members present at certain labor union meetings, claiming that they
were ``public meetings'' banned under the Act. During the year, this
was challenged and police no longer were required to attend (see
Section 6.a.).
Police refused to permit numerous campaign rallies and meetings by
the MDC in the period preceding the March presidential election and
September rural council elections.
On February 15, police arrested 14 members of the National
Constitutional Assembly (NCA) together with the MDC M.P. for Highfield
Munyaradzi Gwisai who had marched in support of a new constitution and
to demand a free and fair presidential election. The 15 men claimed
that the police assaulted them and mistreated them, and Gwisai
challenged the constitutionality of his arrest in the Supreme Court.
The case had not been heard at year's end.
On April 3, police arrested 344 members of the Young Women's
Christian Association in Harare during a planned meeting for a peaceful
march to protest the results of the presidential election. Some women
were detained for 3 nights with their babies, before being released on
$0.63 (Z$500) bail.
On June 16, police assaulted and arrested approximately 70 MDC
supporters and 3 independent journalists at the MDC's International
Youth Day rally in Harare. Although the MDC obtained permission to hold
the gathering in their Harare Provincial office, on the day of the
event riot police dispersed the gathering and charged the participants
with violation of the POSA. The MDC supporters claimed that the police
assaulted them both prior to their arrest, and after they were detained
at the Harare Central Police Station.
On July 25, MDC M.P. Austin Mupandawana and other senior members of
the Kadoma branch of the MDC, were arrested following clashes between
ZANU-PF youth and MDC supporters at an MDC campaign rally in advance of
the Kadoma mayoral election. Several persons were injured when the
ZANU-PF youths, armed with stones and iron bars, attempted to
forcefully disperse the gathering. Although riot police intervened to
stop the fighting, they accused the MDC members of inciting violence
and arrested Mupandawana and other top MDC members who attended the
rally. At year's end, the MDC officials still were in detention pending
trial.
There was no action taken against police who used excessive force
to disperse a number of demonstrations or rallies in 2001.
No action was taken, nor is any likely to be taken, against the
members of the security forces who used excessive force to disperse
demonstrations or rallies on the following dates in 2000: May 7; May
13; June 28; in July; October 9; October 12; and October 16 to 18.
No action reportedly was taken against the war veterans and riot
police who violently disrupted a peace march in central Harare
organized by the NCA in 2000.
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 respected
this right in practice. However, ZANU-PF supporters, supplied with
government vehicles and money, killed, tortured, beat, and otherwise
abused persons perceived to be political opponents (see Sections 1.a.,
1.c., 1.d., and 1.f.).
The formation of unions and political parties was not restricted.
Organizations generally were free of governmental interference as
long as their activities were viewed as nonpolitical.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, a law that criminalizes both purporting to practice
witchcraft and accusing persons of practicing witchcraft reportedly was
viewed as restrictive by some practitioners of indigenous religions.
The Government and government supporters targeted some clergymen
because they strongly criticized the state-sanctioned, politically
motivated crimes and violence during the period prior to the 2000
parliamentary elections and the March presidential election and urged
the Government to restore peace in the country. Church leaders and
members who criticized the Government faced arrest and deportation. On
February 16, police arrested Father Kevin O'Doherty and eight others
participating in a prayer processional to police headquarters in
Bulawayo. They were charged with contravening the POSA, but the charges
later were dropped.
In February ZANU-PF supporters beat three Catholic priests, two
Catholic nuns, and a Catholic brother in Zaka after they met with
foreign officials. The perpetrators said the fact that the religious
figures had met with foreign diplomats suggested they were opposition
supporters. Local ruling party officials later apologized to the
victims; however, the perpetrators were not charged with any crime.
The Government does not require religious institutions to be
registered; however, religious organizations that run schools or
medical facilities must register those specific institutions with the
appropriate ministry involved in regulating those areas.
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 included or accommodated belief in the efficacy of
witchcraft, they generally approved of harmful witchcraft only for
defensive or retaliatory purposes and purported to offer protection
against it.
The Witchcraft Suppression Act (WSA) criminalizes purporting to
practice witchcraft, accusing persons of practicing witchcraft, hunting
witches, and soliciting persons to name witches; penalties include
imprisonment for up to 7 years. The law defines witchcraft as ``the use
of charms and any other means or devices adopted in the practice of
sorcery,'' and provides punishments for intending to cause disease or
injury to any person or animal through the use of witchcraft. Human
rights groups also generally supported the existing WSA, which has been
used particularly to protect persons, primarily women, who have been
accused falsely of causing harm to persons or crops in rural areas
where traditional religious practices were strong.
There was some tension between the Government and some of the
indigenous African churches, and between mainstream Christian churches
and practitioners of traditional indigenous religions, because of the
latters' preference for prayer over medical practices that resulted in
the reduction of avoidable childhood diseases and deaths. Some members
of the indigenous churches believed in healing through prayer only and
refused to have their children vaccinated or treated. The Ministry of
Health has had limited success in vaccinating children in these
religious communities against communicable childhood diseases. Human
rights activists also criticized these indigenous churches for their
sanctioning of marriages for underage girls.
President Mugabe has expressed skepticism about the increasing
membership in evangelical and indigenous churches and has indicated
that he believed they could be subversive.
There were generally amicable relations among the various religious
communities. Catholic Church officials said they welcome interfaith
dialog with Muslims but believed some of the evangelical churches were
hostile to Islam.
Muslims complained of discrimination by private employers who
refuse to allow them sufficient time to worship at their mosques on
Fridays.
Unlike in the previous year, there were no reports of ritual
murders associated with traditional religious practices, and the
Government actively enforced the law against ritual murders. However,
Gordon Chavanduka, chairman of ZINATHA, the national association of
traditional healers, reportedly stated in 2001 that black-market demand
for human body parts used in making potions has increased greatly in
recent years. Some observers suggested that this development might be
associated with the spread of HIV/AIDS in the country and the lack of
affordable science-based medicines for treating infected persons.
Unlike in previous years, there were no reports that persons killed
children for body parts for use in healing rituals associated with
traditional religions.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government at times restricted them in practice.
During the year, police routinely erected armed roadblocks in and
around cities and rural districts during the post- and pre-election
periods. Police claimed that they were looking for criminals and
illegal weapons, but legal rights groups asserted that it was a measure
designed to discourage or limit opposition campaigning in the electoral
areas. Police used the POSA to erect roadblocks in urban areas to
prevent public gatherings from taking place.
On November 8, government-owned media reported that the Government
imposed travel bans and visa requirements on a variety of persons.
Among those affected were British government officials, members of the
British Parliament, an American human rights activist, and journalists.
Several of the journalists reportedly banned from entering the country
were Zimbabwean citizens. The Government expelled foreign journalists
it perceived to be portraying the country negatively (see Section
2.a.). Foreign correspondents were denied visas during the year.
In 2001 the Minister of Information and Publicity threatened that
the Government would revoke the passports of citizens who it viewed as
traveling overseas to promote sanctions or other interests allegedly
harmful to the country. During the year, the Government seized the
passports of four of the MDC's top leaders: President Morgan
Tsvangirai, Secretary-General Welshman Ncube, Treasurer Fletcher
Dulini-Ncube, and shadow agricultural minister and M.P. Renson Gasela.
The Zimbabwe Citizenship Act, amended in 2001, requires all
citizens with a claim to dual citizenship to renounce their claim to
foreign citizenship under the laws of the foreign country in order to
retain their citizenship. According to the act, citizens who failed to
abide by the regulations by January 7 would cease to be citizens, would
be removed from the voter rolls, and would be unable to vote. The
revised act also revokes the citizenship of persons who fail to return
to the country in any 5-year period. Legal rights groups described the
legislation and regulations as a government attempt to disenfranchise
citizens, because of their perceived opposition leanings, as well as
the country's more than 500,000 commercial farm workers, many of whom
have origins in neighboring countries, and the approximately 30,000
mostly white dual nationals. Many persons with dual citizenship
experienced difficulty complying with the regulations because many
other countries do not provide procedures for repudiating citizenship.
On May 10, the High Court affirmed the Zimbabwean citizenship of
Judith Todd, the daughter of Sir Reginald Garfield Todd, the former
Prime Minister of Rhodesia. Registrar General Tobaiwa Mudede had
refused to renew Todd's passport, declaring that her failure to
renounce her claim to New Zealand citizenship had resulted in her
losing her citizenship. The High Court Judge ruled that the Citizenship
Act was not concerned with those persons who merely had entitlement to
foreign citizenship and ordered that Todd's passport be renewed.
According to the local U.N Development Program chapter and other
NGOs, up to 500,000 farm workers were internally displaced at year's
end. The majority of internally displaced persons (IDPs) were women and
children. Many IDPs were farmers and farm workers who were forced to
flee with their families because of threats and assaults by war
veterans and other ZANU-PF supporters (see Section 1.f.). Displaced
farm workers reportedly were living by the roadside, in the bush, or on
other farms, and some were arrested. In most cases, the ZANU-PF
supporters were farm squatters who ordered the farm workers to leave so
that they could plant their own crops on the property. Other IDPs were
persons, often teachers and civil servants, suspected by local
officials of supporting the opposition who government supporters forced
to leave their homes.
According to the Amani Trust, approximately 70,000 MDC supporters
were displaced internally during the year, an increase from the 10,000
who were displaced in 2000; however, the number of unreported cases
likely was higher. Often war veterans in local government positions
applied pressure on local chiefs to order the expulsions of certain
individuals. Some IDPs relocated to live with relatives or friends in
urban areas; however, many remained in rural areas without shelter or
reliable sources of food. Since early 2000, the Government has condoned
and even encouraged an environment of lawlessness that permits war
veterans and other ruling party supporters to force opposition members
and supporters from their homes without consequences for the
perpetrators (see Section 1.f.). In most cases, police were not
permitted to intervene expeditiously. The Government harassed IDPs
living in NGO safe houses in the capital, and arrested workers and
staff of humanitarian organizations attempting to house them at camps.
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 generally has cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. The Government
generally provided first asylum. According to UNHCR, about 100 asylum-
seekers arrived each month and there were almost 11,000 refugees and
594 asylum seekers in the country at year's end. During the year, the
Government denied first asylum to 38 persons. Asylum seekers from more
than 20 countries were granted refugee status; the largest groups of
refugees consisted of 4,525 Congolese (DRC), 2,819 Rwandans, and 880
Burundians.
The Director of operations of the Geneva-based International
Catholic Migration Commission investigated allegations of rampant
sexual abuse of female refugees at a camp it supervised. He interviewed
26 refugees and met with the UNHCR during his visit and found the
allegations to be substantiated. The two perpetrators were suspended,
and the police were notified.
Some employers reportedly took advantage of illegal refugees for
inexpensive labor (see Section 6.e.).
There were no reports during the year 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
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
Government amended laws, passed new legislation, and manipulated the
electoral process effectively to disenfranchise voters during the year.
On March 13, President Mugabe was declared the winner of a presidential
election after a campaign in which violence and intimidation were used
nationwide against MDC supporters, and in which the electoral rules
were manipulated to favor overwhelmingly the ruling party.
International observer missions from the Commonwealth, and the South
African Development Community (SADC) parliamentary forum described the
electoral process as fundamentally flawed while a large mission from
the European Union (EU) withdrew before the election when the
Government refused to accredit the delegation leader.
On April 8, James Majwabu-Moyo, a member of the 5-person Electoral
Supervisory Commission (ESC), which was responsible for overseeing
elections, resigned from the ESC citing differences with the ESC's
Presidential Election Report, which described the election as ``free
and fair.''
In April the MDC filed a lawsuit with the High Court calling for
the nullification of the election results and a repeat of the election,
claiming widespread violence against its supporters and numerous
serious irregularities. In response, ZANU-PF claimed MDC President
Tsvangirai lost because of an ineffective campaign and declining
popularity. The case was scheduled to be heard in November but was
postponed until February 2003.
During the year, the Government's GMB routinely and publicly denied
handouts of maize meal to suspected MDC supporters and provided it only
to ruling party supporters. In advance of the September rural council
elections, ZANU-PF candidates were given maize meal to use in their
campaign efforts. A common ZANU-PF tactic was to announce the
distribution of food in the vicinity of, and at the precise time of, an
MDC rally. Persons chose to attend the food distribution event but
often were turned away empty-handed once the nearby MDC rally ended. In
addition, GMB would only sell food to those who produced ZANU-PF
membership cards, making it very difficult for known MDC supporters to
purchase it.
In January Parliament passed the General Laws Amendment Act, which
substantially amended the Electoral Act governing elections. The Act
places new restrictions on local and international monitors and
observers, gives the progovernment Registrar General the authority to
amend the voters roll at will and issue absentee ballot papers, and
effectively prohibits placing political posters in public areas. The
Act also mandates that only the ESC can conduct voter education or
delegate that responsibility to organizations that were registered with
it (see Section 4). Media and civil society groups criticized the Act
widely.
The 16 constitutional amendments enacted since 1980 have increased
greatly Mugabe's power relative to the legislature. Originally a Prime
Minister elected by the Parliament, he has become a President directly
elected by the population. 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 allows the President
to appoint 20 of the 150 M.P.s, including 12 nonconstituency M.P.s and
8 provincial governors 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 been consistent ZANU-PF members.
The legislature, which traditionally has been subordinate to the
executive branch, has a viable opposition that called on the Government
to be accountable and transparent. Parliamentary question time was used
to force debate and disclosure. In October 2000, the MDC brought a
motion to Parliament to impeach President Mugabe for violating the
Constitution and for gross misconduct. In November 2000, the Speaker of
Parliament appointed a special committee composed of eight ZANU-PF
members and four MDC members to consider the charges outlined in the
motion. Legal rights activists accused the Speaker of preventing the
committee from meeting or holding hearings; the committee essentially
was defunct by year's end.
General parliamentary elections were held in June 2000 amid
widespread voter intimidation and violence by the Government and ZANU-
PF supporters with reports of vote-rigging and other irregularities.
Although the election day generally was peaceful, the process leading
up to it was neither free nor fair. The MDC won 57 out of the 120
popularly elected seats. Thirty additional seats were reserved for
presidential and tribal chief appointees, who were ZANU-PF supporters,
which gave ZANU-PF a total of 92 seats; this total increased to 93 in
2001 after the ruling party won a parliamentary by-election for a seat
previously held by the MDC.
In the period before the March presidential election and the 2000
parliamentary elections, the Government, backed by security forces,
implemented a systematic campaign of intimidation and physical violence
against opposition supporters (see Sections 1.a., 1.b., and 1.c.). In
many districts, the campaign reportedly backfired, both during the year
and in 2000, resulting in additional votes for the opposition, but in
others voters stayed away from the polls due to fear of retribution.
For example, there were reports that farm workers of non-Zimbabwean
heritage were threatened with deportation if they voted against the
ruling party.
In 2000 President Mugabe amended the Electoral Act to prohibit the
nullification of the election of any M.P. after the MDC and ZANU-Ndonga
opposition parties filed petitions with the High Court challenging the
electoral results in 37 parliamentary constituencies. In 2001 the
Supreme Court declared the President's decree unconstitutional, which
allowed the High Court to hear parliamentary election challenges (see
Section 1.e.). During the year, the High Court nullified the results in
four constituencies, but upheld the results in four others. The
respective parties appealed all eight cases to the Supreme Court, which
had not heard the cases by year's end. Witnesses who testified in the
cases were threatened or beaten. Police also frequently harassed
individual MDC members after the both the elections during the year and
in 2000 (see Sections 1.c. and 2.d.).
In 2000 Vice-President Msika announced that civil servants would
not be permitted to act as election monitors in the parliamentary
elections because they sympathized with the opposition. The civil
service has been the Government's traditional source for domestic
election monitors. The MDC accused the Government of replacing the
civil servants with its own supporters. In 2000 the ESC challenged in
the High Court sections of the amended Electoral Act that reduced ESC
authority to accredit international electoral monitors; it was unlikely
at year's end that the court would take any further action.
International election observers repeatedly were denied
accreditation by the Government, and most were not accredited until the
last few days before the 2000 election as a result of frequent changes
in the accreditation rules by the Government. The Government continued
to erect obstacles to international observers during the year.
Government and ruling party supporters used tactics of intimidation
and violence, with the aid of security forces, to manipulate the
electoral process in four districts holding parliamentary by-elections
and three cities holding mayoral elections in 2001. ZANU-PF won four
by-elections in 2001, a mayoral election, and virtually all the rural
district council seats in the September election. The opposition MDC
won two mayoral elections during the year and three in 2001. War
veterans and security forces established base camps in Bikita West,
Bindura, Makoni West, and Chikomba from which they reportedly beat and
intimidated opposition supporters (see Section 1.c.). The ZANU-PF
issued new party identification cards in 2001, however, unlike in the
previous year, there were no reports that war veterans targeted for
abuse ZANU-PF members who were not carrying the new cards. Observers
also expressed general concern about a number of weaknesses and
irregularities in the electoral process, including the lack of an
independent electoral commission to oversee elections; the absence of a
monitoring mechanism for the voter registration process; the consistent
failure of election authorities to make the voters roll and
supplementary rolls available for public inspection far enough in
advance of the election; and the lack of voter education.
There were institutional problems with the management and
supervision of elections, and the ESC, the Elections Directorate, the
Ministry of Justice, Legal and Parliamentary Affairs, and the
Registrar-General's Office had overlapping mandates. Although the
Ministry of Justice technically administered the Electoral Act, the
Registrar General's Office fell under the Ministry of Home Affairs.
With an insufficient budget and an overburdened staff seconded from the
Ministry of Justice, the ESC lacked the independence, institutional
capacity, and resources to oversee all of the country's polling
stations. Commissioners also lacked authority to order the correction
of irregularities. The voters' roll was computerized, but it contained
a large number of redundancies and errors, including misspellings,
multiple entries, and names of deceased persons. These irregularities
were highlighted during the 2000 parliamentary elections when deceased
persons were recorded as casting votes for the ruling party.
International observers cited the need to establish an independent
electoral commission. The Government invested immense powers in the
presidency through the Electoral Act, which institutionalized
gerrymandering and fraudulent voters' rolls. The Government invoked the
act shortly before the 2000 elections to redraw constituent boundaries
in its favor and raise bureaucratic barriers to voter registration.
Although most election observers agreed that the voting process itself
generally was peaceful, 15 percent of voters were prevented from voting
on election day on technical grounds or due to incomplete or inaccurate
voters' rolls. Electoral officers did not operate in a fully open and
transparent manner.
In 2001 the MDC unsuccessfully challenged in the High Court the
Government's requirement that all voters cast ballots in the March
presidential election in the constituency where they were registered.
In previous presidential elections, voters were allowed to vote
anywhere in the country; however, in the March elections they could
only vote in their registered constituency. Legal rights groups argued
that the new requirement would disenfranchise voters who were unable to
travel to their home constituencies. In December 2001, the High Court
ordered the Registrar General to supply a copy of the entire voters'
roll to the opposition for inspection. The list was delivered in
January, but the MDC complained it was outdated by the time of the
election. The Government continued registering voters in its areas of
strongest support until just before the March election, even though the
registration deadline had passed in late January. Although the
Registrar General was required by law to provide a copy of the voters
rolls used in the March presidential election, the MDC still was unable
to obtain one by year's end.
During the year, the NCA, an umbrella organization comprising most
of the country's important civil society groups, continued to press for
consideration of a new constitution that would reduce the power of the
presidency and offer greater protection for civil liberties. In a
nationwide referendum in 2000, voters defeated the draft constitution
prepared by the Constitutional Commission that would have maintained a
strong presidency.
The ruling party's candidates continued to benefit from the ZANU-
PF's 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 control over state funds granted to
political parties. Under the Political Parties Finance Act (PPFA), the
Government is required to allocate $125,000 (Z$100 million) among
political parties in proportion to the parties' seats in the
Parliament, provided the party has at least 15 seats. In 2001 the
Government amended the PPFA to prohibit foreign funding for political
parties. Political rights groups declared that the amended act was
designed to cut off funding for the opposition, although ZANU-PF
routinely ignored the PPFA's prohibitions without consequences.
Many persons who were perceived as opposition supporters by the
Government, were removed from the civil service and the military.
There were 17 women in the 150-seat Parliament, including the
Deputy Speaker of Parliament, and there were 4 female ministers and 1
female deputy minister in the Cabinet. In addition, there was one woman
governor. Women participated in politics without legal restriction;
however, according to local women's groups, husbands, particularly in
rural areas, commonly directed their wives to vote for the husband's
preferred candidates. The ZANU-PF congress allotted women one out of
every three party positions and reserved 50 new positions for women on
the party's 180-member Central Committee, which was one of the party's
most powerful organs.
All major ethnic groups were represented in Parliament and in the
Government; however, most members of the Government and the Parliament,
as well as most ZANU-PF officials, belong to the Shona ethnic group,
which composed 82 percent of the population (see Section 5).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government permitted local civic and human rights groups to
operate, but it monitored their activities closely. The Government
usually was unresponsive to the concerns of NGOs and rarely consulted
with them during the year. National groups that promoted human rights
included: The Amani Trust; the Bulawayo Legal Projects Centre; the
Catholic Commission for Justice and Peace (CCJP); the Child and the Law
Project; the Legal Resources Foundation; the Media Institute of
Southern Africa; the Musasa Project; National Alliance of
Nongovernmental Organizations; the NCA; the Southern African Foundation
of the Disabled; Transparency International-Zimbabwe; the Women's
Action Group; Women and AIDS Support Network; Women and Law in Southern
Africa; Women in Law and Development in Africa; the Zimbabwe Elections
Support Network; the Zimbabwe Human Rights NGO Forum; Zimbabwe Lawyers
for Human Rights; the Zimbabwe Liberators Platform; the Zimbabwe Union
of Journalists; the Zimbabwe Women Lawyers Association; Zimbabwe
Women's Resource Centre and Network; Zimcet; and ZimRights.
Domestic NGOs worked on human rights and democracy issues,
including lobbying for revision of the POSA and AIPPA, increasing poor
women's access to the courts, raising awareness of the abuse of
children, eliminating irregularities in voter rolls, conducting voter
education, preserving the independence of the judiciary, and
eliminating torture, arbitrary detention, and restrictions on freedom
of the press and assembly. The Zimbabwe Human Rights NGO Forum has
taken the lead in coordinating reports on human rights violations and
abuses in the period prior to and following the 2000 elections.
During the March presidential election campaign only the
Government-sponsored ESC and government-approved NGOs were permitted to
carry out voter education.
On September 13, the Government signaled its intention to step up
its oversight of NGOs, many of which they accused of supporting
opposition political activity. It published a notice saying it would
begin enforcing the 1995 Private Voluntary Organizations (PVO) Act
requiring all PVOs to apply for registration with the Ministry of
Social Welfare. Most PVOs had ignored the 1995 Act and expressed
concern that enforcement of it would give the Government excessive
control over their activities. Government ordered all nonregistered
PVOs to cease operations until they registered, a process that
generally takes approximately 8 months. On November 16, Welfare
Minister July Moyo declared in Parliament that the Amani Trust was in
breach of the country's PVO registration laws. This coupled with
ongoing government pressure and surveillance caused Amani Trust to
cease operations indefinitely.
In a 2001 case brought by a women's NGO, the Supreme Court ruled
unconstitutional those sections of the PVO Act that had authorized 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 NGOs set up their organizations as ``associations''
connected with established NGOs so that their executive bodies would
not be subject to government interference.
In May local government minister Ignatius Chombo prompted war
veterans in Binga district, Matabeleland North province, to close down
the food distribution efforts of the CCJP, which was the only source of
food for many rural residents in the Binga district. Chombo criticized
the CCJP for establishing local structures parallel to the Government's
structures. Beleaguered, the CCJP gave up their Binga operation to Save
the Children UK which resumed food deliveries to Binga in November.
On August 29, police arrested and detained incommunicado overnight
Frances Lovemore, acting director of a leading human rights
organization, Amani Trust, after searching the organization's offices.
She was denied access to food and a blanket. Lovemore was arrested for
violating the POSA after she reportedly said the Government youth
brigades were ``raping [women] on a mass scale.'' She was charged
formally under POSA with publishing falsehoods prejudicial to the
state; however, all charges against her were dropped due to
insufficient evidence.
Unlike in the previous year, there were no reports that war
veterans abducted NGO directors.
Amnesty International, Transparency International, and the
International Committee of the Red Cross operated in the country. The
Government hindered representatives of international human rights
groups from visiting the country before, during, and immediately after
the presidential elections. For example, on April 18, the Government
denied entry at Harare International Airport to the co-director of the
Africa Program of the International Crisis Group. He was not given
reasons why he was denied entry, but his organization had published a
number of reports strongly critical of the Government. Norwegian
parliamentarians and a prospective contractor for foreign government
project were also denied entry at the airport, and the Government
announced that citizen employees of Short Wave Radio-Africa would not
be permitted to return to the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides that ``every person in Zimbabwe'' cannot
be deprived of fundamental rights, such as right to life, liberty, and
security of person, based on 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 persons with disabilities were problems. The Government and
ruling party discriminated against the white minority in areas of due
process, foreign travel, and property ownership.
Women.--Domestic violence against women, especially wife beating,
was common and crossed all racial and economic lines. It occurred
throughout the country and sometimes resulted in death. The Musasa
Project, a leading women's rights organization, reported that the
number of incidents of domestic violence increased during the year due
to the deteriorating economy and higher unemployment among men. In one
high-profile case, MDC M.P. and spokesperson for the party, Learnmore
Jongwe, admitted to fatally stabbing his wife and subsequently died in
police custody of chloroquine poisoning. The organization addressed
approximately 1,669 cases during the year. Musasa reported that 54
percent of the women counseled for domestic violence had sexually
transmitted diseases, and 29 percent had HIV/AIDS.
There continued to be reports of rape, incest, and sexual abuse of
women. Musasa handled 22 cases of rape in the first 8 months of the
year; many cases were not reported because of the social stigma
attached to the crime and wives' fear that husbands may disown them.
Approximately 1,200 rapes were reported in Harare in 2001. Although the
Government refused to supply figures for the year, the rate reportedly
was higher than in 2001. Musasa and Amani Trust reported 14 cases of
politically motivated rape during the year; human rights groups
estimated that the actual number of politically motivated rapes may
number in the hundreds (see Section 1.c.). Women faced many obstacles
in filing reports of rape; for example, many police stations were not
prepared to handle properly the investigation of such cases. When cases
go to court, lengthy sentences for rape and wife beating generally were
imposed. However, a ``binding over'' order (an order to appear in court
to respond to an accusation of violent behavior) was issued based only
on actual physical abuse and not on threats of violence. Courts also
did not have the power to oust an abusive spouse from a couple's home.
Systemic problems and lack of education often meant that police did not
respond to women's reports or requests for assistance.
There were reports of sexual abuse of female refugees (see Section
2.d.).
In 2001 the Sexual Offenses Act was enacted, which improved the
legal recourses available to women. The Act enhances the protection of
women by making nonconsensual sex among married partners a crime. The
Act provides penalties for up to 10 years in prison for sexual crimes.
It also expanded the definition of sexual offenses to include rape,
sodomy, incest, indecent assault, or an immoral or indecent act with a
child or person with mental disabilities.
Female genital mutilation (FGM) rarely was performed in the
country. 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.
There were anecdotal reports of the trafficking of women (see
Section 6.f.).
Since independence the Government has enacted laws aimed at
enhancing women's rights and countering certain traditional practices
that discriminate against women; however, women remained disadvantaged
in society. Illiteracy, economic dependency, and prevailing social
norms prevented rural women in particular from combating societal
discrimination. Despite legal prohibitions, women still were vulnerable
to entrenched customary practices, including the practice of pledging a
young woman to marriage with a partner not of her choosing and the
custom of forcing a widow to marry her late husband's brother.
The law recognizes women's right to own property independently of
their husbands or fathers. Although unmarried women may own property in
their own names, women married under customary law were not allowed to
own property jointly with their husbands. The Administration of Estates
Amendment Act makes inheritance laws more favorable to widows; however,
in 2000 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 were favorable to women, but women generally lacked
awareness of their rights under the law.
Although labor legislation prohibits discrimination in employment
on the basis of gender, women were concentrated in the lower echelons
of the work force and commonly faced sexual harassment in the
workplace. One in three working women at all levels was subjected to
sexual harassment in the workplace.
In 2000 the Government promised to grant a quota of 20 percent of
resettled land to women, although they comprised nearly 80 percent of
the rural population. During the year, very little land was granted to
women under the fast-track resettlement scheme. The women who were
allocated land were asked to register the land in their husband's
names. In contrast there were reports that the wives of senior
government officials were allocated some well-established commercial
farms in their own right (see Section 1.f.).
There is a Ministry of Youth Development, Gender, and Employment,
but it did little to advance the cause of women. The Government gave
qualified women access to training in the military and national
service. Although there have been advances for women, they continued to
occupy mainly administrative positions.
Several active women's rights groups, including Women in Law and
Development in Africa, the Musasa Project, the Zimbabwe Women Lawyers'
Association, the Women's Action Group, and the Zimbabwe Women's
Resource Center and Network concentrated on improving women's knowledge
of their legal rights, increasing their economic power, and combating
domestic violence. Groups that focused on the problems of protection of
women against domestic violence and sexual transmission of HIV/AIDS
included the Women and AIDS Support Network and the Musasa Project.
Children.--The Government's commitment to children's rights and
welfare deteriorated during the year. The Government focused primarily
on political issues, to the detriment of pressing social needs.
Consequently, children, especially those in the rural areas, suffered
greatly. Although legislation was in place to protect children's
rights, it was difficult to administer. The Children's Protection and
Adoption Act, the Guardianship of Minors Act, the Deceased Person's
Maintenance Act, and Sexual Offenses Act supposedly protect the legal
rights of minor children, but they were not enforced effectively.
While there was no compulsory education and schooling was not free,
in the past the country had made considerable progress in providing
education for children. However, because of increased school fees in
urban schools and rural secondary schools, enrollment has declined.
School fees have risen sharply due to high inflation, resulting in the
inability of many families to afford to send all of their children to
school. The Government established a program of social welfare grants
for needy children; however, it was underfunded and corruption
undermined the beneficiary selection process. The members of selection
committees in some communities gave grants to their relatives and
friends and denied them to the children of opposition supporters.
In most regions of the country, fewer girls than boys attend
secondary schools. If a family was unable to pay tuition costs, it most
often was female children who left school. The literacy rate for women
and girls over the age of 15 was estimated to be 80 percent, while the
male rate was approximately 90 percent. However, budget cuts and the
lack of adequate attention to HIV/AIDS prevention eroded the
Government's capacity to address children's needs in these areas.
The Government ordered that students entering college, teacher
training schools, or the civil service must present a diploma from one
of the newly established training camps (see Sections 1.c. and 6.c.).
Graduates of the latest ``class,'' which numbered in the several
hundreds, were placed in police and military units. Reportedly the GMB
hired 1,250 of the graduates for unspecified duties.
Several schools were shut down as teachers who supported the MDC
were tortured and told they were not allowed to work as long as they
did not support ZANU-PF and the President. There were reports that some
schools were used as torture centers (see Section 1.c.).
International experts estimated that HIV/AIDS infected one-third of
the adult population and killed approximately 2,000 persons every week.
Deaths from HIV/AIDS created hundreds of thousands of orphans, a number
expected to rise to 1 million by 2005. Government-funded and private
orphanages were filled to capacity, and the number of street children
or those living in adoptive homes rose dramatically and visibly during
the year. This rapidly growing problem was expected to put a tremendous
strain on both formal and traditional social systems. At the household
level, there was an increased burden on the extended family, which had
traditional responsibility for caring for orphans. Many grandparents
were left to care for the young, and in some cases, children or
adolescents were heading families. Many orphans were sent to foster
homes, where they often become victims of sexual abuse. At the
provincial and national levels, the Governments faced increasing
demands for community orphan projects, orphanages, health care, and
school fees.
The number of street children, and the related problems of theft,
street violence, drug use, and violent death, increased significantly.
There were an estimated 12,000 homeless street children in the country
in 1999, and an estimated 5 to 6 children joined those ranks daily
during the year. The number of incidents of child abuse, including
incest (long a taboo), infanticide, child abandonment, and rape
increased during the year. It was not known whether the statistics
reflected the fact that more cases were occurring or only that more
were being reported. The Parents and Family Support Network, a local
NGO, reported that one in three children in the country was at risk of
physical or emotional abuse. There was a large volume of rape cases in
the Harare victim-friendly courts (VFC), which consisted of individual
magistrates designated to try family cases. These courts were
understaffed because many magistrates sought more lucrative employment
outside the country. The large volume led to calls by children's
rights' advocates to establish additional courts in surrounding areas.
Children were at increasing risk of HIV/AIDS infection as a result
of the rising rate of sexual abuse cases. The Sexual Offenses Act (SOA)
makes it a crime to infect anyone knowingly, including children, with
HIV/AIDS. The SOA provides for a maximum fine of $115 (Z$35,000) or
imprisonment of up to 7 years for those convicted of prostituting
children under 12 years of age. It also provides for a maximum fine of
$167 (Z$50,000) and a maximum prison sentence of 10 years for
``procuring another person to become a prostitute and have sex whether
inside or outside Zimbabwe.'' Although this Act was passed in 2001, it
had little impact on the status of children. The Zimbabwe Women's
Lawyers Association (ZWLA) claimed that most magistrates in the country
were not aware of some of its contents or that the law was in effect.
ZWLA's research illustrated that many magistrates continued to make
judgments based on old laws. ZWLA was in the process of conducting
training courses for local magistrates. The criminal justice system has
special provisions for dealing with juvenile offenders.
A local NGO, Musasa Project, worked closely with the Ministry of
Youth Development, Gender, and Employment Creation to investigate
allegations of young girls being raped at the Government's national
youth service training camps, established by the late Minister Border
Gezi (see Section 6.c.). Musasa believed that the girls who were
subjected to abuse remained silent out of fear of retribution. Many
young girls came to the camps because of the economic suffering in the
country. In addition, members of government militias gang raped
adolescent girls some as young as 12.
There were several cases of child rape within the country during
the year, but no reports of trafficking associated with these cases.
There were some reports of arranged marriages involving young girls,
but no reports of sexual exploitation or forced labor associated with
those.
No action was taken against the gardener who sodomized his
employer's son and reportedly infected him with HIV/AIDS in 2001.
The 2000 case in which war veterans abducted and sexually abused 10
schoolchildren reportedly was under investigation; however, there was
no further information available at year's end.
FGM was performed rarely on young girls (see Section 5, Women).
There were some reports that girls under 17 years of age were
engaged in prostitution, and there were anecdotal reports of
trafficking in children (see Section 6.f.). The Sexual Offenses Act,
provides fines and imprisonment for those convicted of prostituting
children or procuring prostitutes inside or outside the country.
The traditional practice of offering a young girl as compensatory
payment in interfamily disputes continued during the year.
Indigenous African churches that combine elements of established
Christian beliefs with some beliefs based on traditional African
culture and religion generally accepted polygyny and the marriage of
girls at young ages; they also generally approved of healing only
through prayer and opposed science-based medicine including the
vaccination of children.
Child rights advocates criticized the failure of government to
provide children with birth certificates, which they blamed on overly
stringent requirements and a shortage of staff at the relevant
ministry. There also was concern that children displaced as a result of
the land redistribution program would not be able to obtain birth
certificates because they would be unable to obtain letters from
evicted farmers to prove that they were born on the farms.
Unlike in the previous year, there were no reports of ritual
murders and killings of children for body parts that were associated
with traditional religious practices.
Persons with Disabilities.--The law specifically prohibits
discrimination against persons with disabilities in employment,
admission to public places, or provision of services and was viewed by
advocates of persons with disabilities as model legislation; however,
in practice the lack of resources for training and education severely
hampered the ability of persons with disabilities to compete for scarce
jobs. The law stipulates that government buildings should be accessible
to persons with disabilities; however, implementation of this policy
has been slow. A local NGO was working on auditing and implementing the
law during the year. NGOs continued to lobby to include albinos in the
definition of ``disabled'' under the law. Persons with disabilities
face particularly harsh customary discrimination. According to
traditional belief, persons with disabilities were considered
bewitched, and reports of children with disabilities being hidden when
visitors arrive were common.
The SOA expanded the definition of sexual offenses to include an
immoral or indecent act with a person with mental disabilities.
National/Racial/Ethnic Minorities.--According to government
statistics, the Shona ethnic group makes up 82 percent of the
population, Ndebele 15 percent, whites less than 1 percent, and other
ethnic groups 2 percent. There were tensions between the African
majority and the white minority, between the Shona majority and the
Ndebele minority, and among the various Shona subgroups.
During the 1960s and 1970s, elements of the white minority rebelled
against British rule and established and maintained a racially
discriminatory apartheid regime, which was dismantled in 1980 only
after insurgencies by the armed wings of ZANU and the Zimbabwe African
People's Union (ZAPU), and economic sanctions by the international
community. The white community remained economically privileged despite
government efforts to confiscate most of their land (see Section 1.f.).
Government services generally were 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 were
integrated legally. However, social interaction between Africans and
whites remained uncommon. Racial tensions have subsided since
independence and remained low despite the Government's ongoing attempts
to blame whites for the country's economic and political problems. On
many occasions, President Mugabe, members of his government, and the
state-controlled media attempted to reignite resentment of the white
minority. President Mugabe accused the white minority of having too
close ties to their ancestral countries and criticized other
governments for trying to interfere with the ``continuing liberation
struggle.'' The Government's far-reaching fast-track resettlement
program designated 97 percent of large-scale, white-owned commercial
farms for seizure with no clear means for providing compensation, and
government supporters and war veterans assaulted commercial farmers in
their homes and forced hundreds from their property (see Sections 1.a.,
1.c., and 1.f.). Ruling party supporters seldom were arrested or
charged for infringing upon minority rights.
Although relations between the Shona and the Ndebele have improved
since the Shona-dominated government suppressed an alleged insurgency
by Ndebele civilians in the 1980s that killed an estimated 10,000 to
20,000 Ndebele civilians in Matabeleland, 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 Labor Relations Act (LRA)
provides private sector workers with freedom of association and the
right to elect their own representatives, publish newsletters, set
programs and policies that reflect the political and economic interests
of labor, and form or join unions without prior authorization, and
workers exercised these rights. 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 can deregister individual unions, the High Court has
ruled that the LRA does not give the Minister the power to suspend or
deregister the national umbrella labor confederation, the ZCTU. In 2001
ZANU-PF brought the Labor Relations Amendment Bill before Parliament
that proposed enhanced dispute settlement mechanisms and increased
procedural barriers required before unions can call a strike, and the
parliamentary legal committee issued an adverse report on the bill,
calling many of its provisions unconstitutional. The Zimbabwe
Tripartite Task Team-composed of representatives from the Government,
employers, and workers--met in August to consider the proposed
amendments to the LRA. There were serious objections to some of the
bill's language from labor unions, and there was little consensus as to
the final form of the proposed amendments. The bill remained under
consideration at year's end.
At the end of 2001, approximately 25 percent of the formal sector
work force (approximately 400,000 workers) belonged to the 31 unions
that form the ZCTU; however, labor unions suffered dramatic losses in
membership due to the contraction of the economy over the past 2 years.
In 2001 more than 80 percent of all industries were unionized; however,
during the year, the percentage was between 65 and 70 percent.
Approximately 160,000 workers belong to unions (roughly 17 percent of
the workforce), although not all were dues paying members. Although the
Government encouraged the ZCTU's formation, anticipating that it would
form the labor arm of ZANU-PF, it no longer controlled the ZCTU; many
of the leaders of the MDC began their public careers with the ZCTU.
ZCTU officers were elected by delegates of affiliated trade unions at
congresses held every 5 years; the ZCTU elected a new leadership at its
congress in February 2001. ZANU-PF reportedly tried to influence the
election of its preferred candidates at the congress by paying the back
dues of affiliated unions and bribing congress delegates; however, the
majority of candidates elected were independent of ZANU-PF. The
Government and the ZCTU regularly clashed sharply over economic policy.
The Government often did not consult either the ZCTU or employers
before implementing policy decisions that affected the workplace. This
lack of consultation often resulted in disrupted labor relations.
Public servants and their associations, the Public Service
Association (PSA), and its branch associations, the Zimbabwe Teachers
Association (ZIMTA), the Zimbabwe Nurses Association, and the Civil
Service Employees Association, were not covered by provisions of the
LRA. Instead, their conditions of employment were provided for under
the Constitution. Although civil servants constitutionally were barred
from forming unions, the PSA, and its affiliated associations, were
members of the ZCTU.
The Labor Relations Amendment Act (LRAA) specifies that workers may
establish independent worker committees, which existed side by side
with unions in each plant. Worker committees also had to be registered
with the MPSLSW, which was free to refuse registration. ZCTU officials
believed that the formation of worker committees was an attempt to
dilute union authority, because the worker committees comprised both
union and nonunion workers; however, the ineffectiveness of worker
committees demonstrated the need for the experienced worker
representation of the established trade unions.
The LRA allows for the formation of multiple national labor
federations. The ZCTU is the oldest and most powerful labor federation;
however, the Government openly targeted the ZCTU by announcing that the
ZCTU was a political organization and declaring it aligned with the
opposition MDC. Under the restrictive POSA, the Government claimed the
right to have police members present during ZCTU's meetings--even those
at the executive level--by claiming these private meetings to be
``public meetings'' banned under the Act. During the year, ZCTU
successfully challenged this interpretation in court and no longer was
required to inform the police of its meetings and allow plainclothes
police to attend.
On February 16, government youth militia members abducted ZCTU
council member Ephraim Tapa and his 5-month pregnant wife Faith from a
roadside canteen approximately 100 miles north of Harare. The Tapas
were accused of supporting the opposition and held for almost 1 month
in different locations, during which time Mr. Tapa was beaten
frequently, at least once to the point of unconsciousness. They
overheard their captors plotting their killing; however, police rescued
them in the Mushimbo area near the border with Mozambique.
The ZCTU continued to criticize violence directed at agricultural
workers who live and work on commercial farms. Many of these
agricultural workers were members of GAPWUZ, which was affiliated with
the ZCTU.
The Zimbabwe Federation of Trade Unions (ZFTU) was led by its vice
president Joseph Chinotimba, the ``war veteran'' and self-styled leader
of the 2000 farm invasions and 2001 factory invasions, who continued to
disrupt relations between workers and their union leadership. In
addition to arbitrarily guaranteeing wage increases and new benefits
absent any agreement by employers, the ZFTU used a variety of coercive
methods to convince workers to join its ranks. There were credible
reports that ZFTU activists threatened to physically attack workers or
publicly mark them as opposition supporters. In order to ``persuade''
them to change their labor union allegiance, the ZFTU at times sent
armed gangs to force workers out of bed during the night to chant ZANU-
PF slogans and prove their allegiance to the party.
The ZFTU increased its presence on several fronts during the year,
and worked closely with ZANU-PF to undermine the ZCTU. ZANU-PF/ZFTU
sponsored a second set of May Day commemorations intended to overshadow
the traditional ZCTU workers' day celebrations. In many cities
throughout the country, including Harare, the public venues normally
rented by the ZCTU were coopted by the ZFTU. The politically charged
alternative ZFTU gatherings decreased attendance at ZCTU celebrations;
however, attendance at most ZFTU events was low as well. The ZCTU's
Harare commemoration occurred without incident, despite a heavy police
presence and subsequent ZANU-PF denunciations that it was a ``political
rally.''
The ZFTU also was responsible for confrontations involving the
agricultural sector. During the year, the Government passed Statutory
Instrument 6 (SI6), which was perceived widely as an attempt to
bankrupt and dispossess white commercial farmers. Under SI6 commercial
farmers whose farms were acquired compulsorily were required to pay all
of their farm laborers terminal benefits or ``retrenchment packages,''
including severance benefits, payment for accrued leave, bonuses, and a
``gratuity.'' These packages were fixed by law in a formula that
depended on the number of years worked by each employee, with some
packages reaching in excess of $724 (Z$500,000). According to SI6, if
the farmer did not have funds to finance the retrenchment packages, he
could pay half immediately and postpone the remainder until, or if, he
received compensation for the improvements on the land from the
Government, but only with the consent of their labor force. However,
the agricultural workers, who were left impoverished by the land
redistribution program, virtually never gave permission to delay
payment of the retrenchment package. The ZFTU, under the personal
leadership of Chinotimba, successfully capitalized on the fears of the
labor force by instigating hostile confrontations with farmers, in some
instances barricading farmers inside their homes and demanding
liquidation of any available asset to fund immediate payout of the
retrenchment package. This also happened on farms that had not received
final acquisition orders. In most cases, the ZFTU officials who
orchestrated these confrontations collected between 30 and 40 percent
from each retrenchment package as their ``fee.''
The LRA prohibits antiunion discrimination by employers against
union members. Complaints of such discrimination were referred to labor
relations officers and subsequently adjudicated by the Government's
Labor Relations Tribunal (LRT). Such complaints were 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 was not utilized in
practice.
The ZCTU and its officials ostensibly were free to associate with
international labor organizations, and they do so as actively as
possible. The ZCTU was affiliated formally with the International Labor
Organization (ILO), the International Confederation of Free Trade
Unions (ICFTU), and the Southern African Trade Union Coordinating
Council. The ZFTU had no known international affiliations.
Before the annual ILO conference in Geneva, there was a great deal
of tension regarding the Government's intentions towards the ZCTU. The
Government accredits a labor organization, traditionally the ZCTU, to
attend the convention as the workers' representative alongside the
employers' representative and a government representative. During the
year, the Government postponed its declaration as to which workers'
organization would receive accreditation until the last minute, which
raised concern that the Government might accredit the rival ZFTU. The
ZCTU planned to raise an objection with the Accreditation Committee if
the ZFTU was accredited as the official delegate; however, the
Government backed down in the face of overwhelming international
support for the ZCTU. The ZCTU was formally accredited as the official
delegate representing the country's workers, with the ZFTU leaders
being given an official role as ``advisors.'' The Government paid for
the attendance of the ZFTU representatives.
During the conference, after ZCTU officials had presented detailed
and documented evidence of interference by ZFTU members and ZANU-PF
operatives against its membership, ZCTU president Lovemore Matombo
stated that the country ``was no longer subject to democratic
processes,'' and called for a ``direct contacts mission'' from the ILO
to ``bring his country back to a more democratic industrial relations
system.'' Labor Minister July Moyo stated that the Government was
negotiating amendments to the LRA and that the legislation would be
sent to the ILO's Committee of Experts (COE) for its examination. The
ILO requested follow-up information regarding the proposed amendments,
and stated that if the Government did not accept an ILO mission, the
COE would ``take the appropriate measure in this respect next year.''
No further action was reported on pending ILO cases during the
year, although the ILO continued to request information from the
Government regarding alleged interference with the right to organize
and bargain collectively.
b. The Right to Organize and Bargain Collectively.--The LRA
provides workers with the right to organize. As originally written, the
act did not address the right to bargain collectively; however, the
LRAA permits unions to bargain collectively over wages. Worker
committees, which by law were not organizationally part of the unions
or the ZCTU, were 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 LRT for
final adjudication. Despite the additional appointment of four new
judges, the LRT continued to maintain a 2-year backlog of cases. While
the ZCTU claimed that any labor grievance should be resolved with 21
days, many cases took years to resolve.
Collective bargaining and wage negotiations take place on an
industry-wide basis between the relevant union and employer
organizations sitting on joint employment boards or councils.
Collective bargaining agreements applied to all workers in an industry,
not just union members. Between April and July each year, workers and
employees negotiated salary increases and other benefits in their
respective National Employment Councils. These bodies submit their
agreements to the Registrar in the MPSLSW for approval. The Government
retained the power to veto agreements that it believed would harm the
economy; however, it did not involve itself directly in labor
negotiations unless requested to do so by one of the parties. When no
trade union represented 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. Companies offered wage increases that did not keep up with
inflation during the year, and most workers and unions accepted the
increases offered because of the economic crisis, but some continued to
press for higher wages. The Government called for a wage freeze to last
for 18 months to counter inflation; however, this was not accepted by
the labor unions nor enacted into law.
Employees in positions designated as managerial were excluded from
union membership and thus from the collective bargaining process. The
ZCTU stated that the definition of manager in the LRAA was overly broad
and criticized the Government and private sector for using it to
exclude managers from the collective bargaining process.
The Salary Service Department of the MPSLSW determined public
sector wages, subject to the approval of an independent Public Service
Commission (PSC) (see Section 6.e.). 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 and usually proposed a
wages and benefits package that was less than the recommendation,
resulting in yearly industrial protest actions by civil servants.
The Government is a signatory to various ILO conventions, including
Convention 98, which provides for the right to organize and the right
to bargain collectively. The ILO's COE stated that several pieces of
the country's legislation restricted workers' rights provided for by
Convention 98. Under cover of the LRA, the Minister of Labor allegedly
interfered with the internal affairs of both workers' and employers'
organizations. The Government also could impose compulsory arbitration
whenever it considered that it was appropriate. Moreover, the Minister
of Labor was authorized to set minimum wages and maximum benefits that
limited the right to bargain collectively. In addition, collective
bargaining agreements reached between employers and workers were
subject to approval by the Minister of Labor. The COE also raised other
questionable legislation, including the Public Service Act of 1996,
which denies the right of public servants to join unions.
It was very difficult to conduct a legal collective job action.
There is no right to strike in the Constitution, and the LRA and the
LRAA do not mention this issue. The law prohibits essential employees
from striking, and the Government defined all public sector workers as
essential. The Government also considered some private sector workers,
such as those in the health sector, as essential workers. The ZCTU was
apprehensive about the Minister of Labor's power to declare which
sectors constituted ``essential services,'' which precluded such
sectors from engaging in strikes. The ZCTU noted that proposed
amendments to the LRA, as well as other pieces of legislation such as
the POSA, gave the Government enhanced power to declare a service
essential or otherwise penalize workers who engaged in collective
action.
The 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.'' Unlike in the previous year, the authority to reclassify a
previously nonessential service as essential was not used. Government
officials stressed that the Government reserved the right to impose
these bans at its discretion.
Managers also were prohibited from striking, and in some
industries, the Government defined most employees as managers. For the
remaining nonessential employees legally to conduct a strike more than
50 percent of the company's employees must vote in favor of the action.
Many employees were afraid of management reprisals. If a majority voted
to strike, the dispute was referred to the concerned government agency
for resolution. Only if the Government-appointed arbitrator determined
that a resolution was not possible was the right to strike granted.
These government-imposed delays prevented most employees and their
unions from ever declaring legal strikes; however, during the year,
illegal strikes or work stoppages have occurred within individual
companies and in entire industries occasionally. There were a number of
labor actions, including strikes and stayaways, during the year;
however, due to the political uncertainty in the country, no mass
stayaway was successful.
For example, in March immediately after the presidential election,
the ZCTU called for a mass stayaway protesting the outcome of the
election. Due to a variety of factors, including a lack of publicity by
the Government-controlled television station and newspapers as well as
fears about the likely government reaction, the strike was not
supported fully by constituent unions. The ZCTU was reluctant to call
for another mass stayaway and believed that the failed effort was
counterproductive and worse than no effort at all; however, strikes
occurred within individual industries throughout the year, primarily
protesting the erosion of income and the increased cost of living.
A 1-day stayaway was called by the NCA for December 9. The ZCTU
neither endorsed the call for mass action nor discouraged their members
from participating. The night before the stayaway, the Government
arrested 11 members of the ZCTU--9 senior elected officials and 2
functionaries--and incarcerated them for 48 hours. The Secretary-
General was held incommunicado with no food or water, was beaten on the
head and body with the heels of his captors' open hands (resulting in a
burst eardrum and bruised ribs), was beaten on the soles of his feet
with a broomstick, and was threatened with death. Prosecutors asked
that the trade unionists be charged with attempting to overthrow the
constitutionally elected government; however, the judge released all 11
without charge.
Stagnating wages, increasing inflation, and eroding value of income
were the major concerns for all sectors of the labor force. Some
sectors addressed this by implementing a biannual wage adjustment,
others have adjusted wages quarterly. Still other sectors--particularly
those that were subject to price controls on their finished products--
were unable to increase wages due to pressures from increases in the
cost of their inputs and decreases in profitability. Other sectors have
resorted to strikes in order to pressure their employers into raising
wages. Striking workers have received increases averaging 45 percent.
In late July, despite being categorized as providers of ``essential
services,'' junior and mid-level doctors went on a 3-week strike
protesting their low wages, a newly implemented doctor grading system,
and poor working conditions. The healthcare sector particularly has
been hit hard by a number of factors: Lack of foreign exchange to buy
drugs, significant professional attrition due to physicians and nurses
seeking better salaries in other countries, high inflation combined
with the rapidly eroding exchange rate, and the increasing impact of
the HIV/AIDS pandemic. The doctors returned to work with an increase in
wages; however, the healthcare system remained unstable.
In early October, the Progressive Teachers' Union of Zimbabwe
(PTUZ), one of the two major teachers' unions, called a strike. Despite
common grievances regarding pay scale, conditions of work, and other
benefits, the more mainstream ZIMTA did not support the strike.
Teachers, particularly members of the PTUZ, often were suspected to be
MDC supporters and were subjected to harassment by ZANU-PF supporters,
war veterans, and government youth militia members. A recent government
decree indicated that all headmasters, including private school
headmasters, would become civil servants so that persons of the ``right
sort'' would be leading the country's schools. The Government also
announced a policy under which teachers' colleges must give first
preference to students who have completed youth service training, such
as that provided at the Government's Border Gezi Youth Training Center.
In one teacher training school in Masvingo, there were 750 youth
training graduates, overwhelming facilities intended for 325 students.
A combination of extremely low salaries and increased pressure from the
Government threatened to widen the strike. Despite press reports, no
teachers were fired for striking.
Prior to the teachers' strike, a new graduate teacher earned
approximately $12.46 (Z$20,000 dollars) per month. Although the PTUZ
teachers returned to work in November after the Government offered a
salary increase to all teachers, both unions continued actively to
negotiate the amount of the increase and other benefits. Government
sources claimed that the pay scale will be adjusted to give experienced
teachers--defined to include those teachers who have undergone
``national service'' training such as the Youth Service training--a
commensurately higher salary. While one group of established teachers
and headmasters has already completed such a course of national service
training, an agreement regarding salary increases had not yet been
reached at year's end.
Unlike in the previous year, there were no reports that war
veterans forced striking civil servants to work.
In May the ZFTU made a concerted effort to discredit the ZCTU and
to coopt the membership of the ZCTU-affiliated Zimbabwe Sugar Milling
Workers union in the Chiredzi sugarcane region. After promising a
raise, which was not negotiated with the employers, ZFTU called for a
strike. During the strike, anyone perceived as not supporting the
strike or as a ZCTU supporter was harassed and physically attacked.
Many workers were beaten severely and hospitalized. ZCTU leaders were
not able to intervene because they feared for their lives. After
several weeks, the employers granted the wage increase. During the
year, the ZFTU was active in fomenting unrest and urging spot strikes
by agricultural workers against individual farmers to win retrenchment
packages (see Section 6.a.).
In 2001 members of the security forces attempted to disperse
forcibly a strike at the Zimbabwe Iron and Steel Company (ZISCO) plant
in Redcliff, which resulted in the deaths of 3 strikers and injuries to
10 others. The Government claimed that the police shot the three
accidentally; however, labor activists stated that the security forces
fired at the workers deliberately to break up the strike. Although
police conducted an investigation, the results were not announced by
year's end. The Steel Workers' Union sued the police and army for using
excessive force; the case still was pending at year's end. During the
year, representatives from the Iron and Steel Workers Union were called
to Parliament to give evidence about the strikers' deaths to the
Committee on Foreign Affairs, International Trade, and Indigenisation.
At year's end, Parliament had taken no action on the representatives'
testimony.
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. However, cases from as early as 1997 remained pending
with the LRT at year's end.
There were few reported incidents of ``factory invasions'' such as
those that occurred in 2001; however, coercion continued to be an
issue, particularly regarding the ZFTU's actions.
The Export Processing Zones Act states the LRA shall not apply to
workers in export processing zones (EPZs). The ZCTU has negotiated
directly with EPZ employers to allow some unions in the EPZ, although
their number and level of activity remained low.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports
that such practices occurred (see Section 6.f.). The traditional
practice of offering a young girl as compensatory payment in
interfamily disputes continued in rural areas (see Section 5).
The Government, war veterans, and the ZFTU have the power to force
workers to perform labor, which they might not otherwise choose. In
addition, during the year, the Government announced a compulsory youth
service requirement under which young citizens were forced to undertake
training at government-sponsored training camps such as the Border Gezi
Youth Training Camp (see Section 5). This camp was the source of the
youth militia forces, or ``Green Bombers,'' who were deployed widely to
harass, abduct, and torture suspected MDC supporters during the March
presidential elections. The stated purpose of the training camps was to
instill a sense of pride in the youths, highlight the history of the
struggle for independence, and develop employment skills; however, they
were reported to be training camps to instill ZANU-PF allegiance,
paramilitary skills, and expertise in political oppression and torture.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law sets the minimum age for general employment of
children at 12 years 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. Light work was 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 was banned for those under the age of 18; however,
there was little to no enforcement of these laws.
Child labor was common. According to the 2000 National Child Labor
Survey, approximately 25 percent of children between the ages of 5 and
17 were involved in some form of child labor. Children worked in the
agricultural sector, and there were reports that children worked as
domestics and as car-watchers. Some form of child labor on large
commercial farms formerly was widespread; however, the land
resettlement program, which has expropriated almost 95 percent of
commercial farms, has dispossessed child workers along with many
thousands of adults.
The unemployment rate continued to grow, with some estimates as
high as 75 percent, decreasing the number of children employed in the
formal sector. However, the incidence of children working in the
informal sector increased as families, often headed by children, needed
a source of income. Approximately 35 percent of the adult population
were infected with HIV/AIDS. As a result, more children worked in the
informal sector to fill the income gap left by ill or deceased
relatives. Many children sold simple wares on the streets; others
worked in the booming illegal gold panning industry. In addition, there
were reports of an increasing number of girls under 17 years of age
engaged in prostitution. The deteriorating economy, accelerating social
breakdown, and increasing impact of HIV/AIDS were forcing more children
to work. Although child labor in the agricultural, domestic, and
informal sectors increasingly was discussed, the Government and NGOs
have been unable to gather concrete data on the number of cases.
In 2001 Parliament passed the Child Adoption and Protection
Amendment Act, which incorporates ILO Convention 182 on the Worst Forms
of Child Labor; however, the law was not implemented by year's end.
Forced child labor and child prostitution occurred (see Sections
6.c. and 6.f.)
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. The Government regulated working conditions on an industry-
specific basis. The Constitution provides the PSC with the authority to
set conditions of employment in the public sector. The Government
eliminated a national minimum wage as part of the Economic Structural
Adjustment Program of 1990, with the exception of agricultural and
domestic workers. Government regulations for each of the 22 industrial
sectors continued to specify minimum wages, hours, holidays, and
required safety measures. In recent years, in an effort to remove
itself from the wage bargaining system, the Government mandated wage
parameters for industries. Due to an ineffective monitoring system,
many agricultural and domestic workers were remunerated below the
minimum wage. In October 2001, the Government implemented new monthly
wages of $5.36 (Z$4,181) for agricultural workers, $10.13 (Z$7,903) for
agro-industrial workers, and $11.44 (Z$8,926) for industrial workers.
While agreements to increase the minimum wage were reached in principle
at the tripartite meetings in July and August, no national increase was
instituted. Representatives from labor, employers, and the Government
remained in consultation through year's end. Although the Government
called for a wage freeze intended to last up to 18 months in support of
its efforts to control inflation after the new minimum wage increases
were determined, labor appeared unwilling to support this without major
concessions in other areas.
Minimum wages in the formal sector changed continuously as a result
of multiple increases in salaries to offset the high inflation rate.
Some industries implemented wage increases every 6 months in an attempt
to keep pace with inflation, the spiraling exchange rate, and the
increases in the prices of basic food staples. However, in almost all
cases, wage increases did not keep pace with these factors. The minimum
wage did not provide a decent standard of living for a worker and
family, and at least 70 to 80 percent of the population lived below the
Government's poverty line.
Many of the basic legal protections do not apply to the vast
majority of farm, mine, and domestic workers. Health and safety
standards were determined on an industry-specific basis. Despite the
lack of general standards, the National Social Security Authority's
(NSSA) statistics from 1999 showed a decrease in the number of
occupational injuries and deaths. There were 78 fatal job accidents
reported, and 87 persons were killed in industrial accidents during the
year. The NSSA reported an increase in the number of fatal accidents in
the construction, electrical, and telecommunications industries and
cited unskilled contract personnel performing jobs formerly done by
professionals. In theory labor relations officers from the MPSLSW were
assigned to monitor developments in each plant to ensure that
government minimum wage policy and occupational health and safety
regulations were observed; however, in practice these offices were
understaffed, could not afford to inspect routinely workplaces, and
relied on voluntary compliance and reporting by employers.
The Government designated the Zimbabwe Occupational Safety Council
(ZOSHC) to regulate safe work conditions. The ZOSHC was a quasi-
governmental, advisory body comprised of six representatives each from
the Government, employers, and trade unions. The National Director of
the ZOSHC was responsible for enforcing worker safety regulations. The
director reported weekly to the MPSLSW on actions taken. Budgetary
constraints and staffing shortages, as well as its status as an
advisory council, made the council ineffective. The NSSA continued to
experience difficulty monitoring the thousands of work sites across the
country; however, it began to enforce safety standards more vigorously
by closing down shops and factories in noncompliance. Although workers
have a legal right to remove themselves from dangerous work situations
without jeopardy to continued employment, in practice they risked the
loss of their livelihood if they did so, and this situation worsened
during the year.
Foreign workers were covered by ZOSHC's safety standards, but
domestic workers were excluded because of the ``impracticality'' of
enforcing standards in private homes. Government workers also were
excluded.
According to the ZCTU, some employers took advantage of illegal
refugees for inexpensive labor. Because the job market traditionally
was worse in neighboring countries such as Malawi and Mozambique, the
refugees were willing to risk arrest and work for wages below the legal
minimums; however, there was an increasing tendency for economic
refugees to flee the country and seek work in countries such as South
Africa and Botswana.
f. Trafficking in Persons.--While no laws specifically address
trafficking in persons, common law prohibits abduction and forced
labor, and the Sexual Offenses Act makes it a crime to transport
persons across the border for sex. There continued to be infrequent and
anecdotal reports that persons were trafficked, particularly women and
children, from and through the country to South Africa for prostitution
and forced labor. Unlike in the previous year, there were no reports
that Zimbabwe was a destination country.
In 2001 Parliament passed and signed into law the SOA, which makes
it a crime to transport persons across the country's borders for the
sex industry (see Section 5). Traffickers also can be prosecuted under
other legislation, such as immigration and abduction laws. The primary
government authority that would combat trafficking was the ZRP.
No NGO or law enforcement agency had any direct evidence of or
statistics on either trafficking or child prostitution by year's end. A
few NGOs, including South Africa-based Molo Songololo, Harare-based
Save the Children Norway, and Connect had some anecdotal reports of
both trafficking and child prostitution. Connect was compiling a
qualitative report on the subject; however, the report was not expected
to indicate the scope of the problem.
The approximately 20 anecdotal reports that Connect was compiling
were mostly of Zimbabwean female teenagers whose families, in the
economic decline, had accepted some form of payment in exchange for
allowing them to work in brothels, notably in the border town of
Beitbridge. Molo Songololo claimed that Zimbabwe was a transit point
for children being trafficked from countries such as those in Asia and
Malawi to South Africa; however, they could provide no specific
examples or numbers of cases.
While it commonly was known that many Zimbabwean women worked in
the hotel industry in South Africa, sometimes a euphemism for
commercial sex work, and many Zimbabweans were low-wage agricultural
workers in South Africa, there was no evidence of coercion or force in
these areas.
There were no reports of organized trafficking groups. Unlike in
the previous year, there were no reports that Taiwanese crime
syndicates were involved in trafficking Chinese through the country.
The Government generally did not acknowledge the problem of
trafficking in persons; however, a trafficked person had the option to
take his or her case before the VFC. No cases were filed during the
year.
The regional governments had not taken action on recommendations
made at the 2001 conference on trafficking by year's end.
EAST ASIA AND THE PACIFIC
----------
AUSTRALIA
Australia is a longstanding constitutional democracy with a federal
parliamentary form of government in which citizens periodically choose
their representatives in free and fair multiparty elections. The
judiciary is independent.
Federal and state police are under the firm control of the civilian
authorities and carried out their functions in accordance with the law.
There were occasional reports that police committed abuses.
The country has a population of approximately 19,500,000. Its
highly developed market-based economy, which includes manufacturing,
mining, agriculture, and services, provided citizens with an average
per capita income of approximately $18,700. A wide range of government
programs offered assistance for disadvantaged citizens.
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. There were occasional reports that
police beat or otherwise abused persons. Several inquiries during the
year, including one prepared by the United Nations Human Rights
Commission, expressed concern over the impact of prolonged mandatory
detention on the health and psychological wellbeing of asylum seekers.
Some leaders in the ethnic and immigrant communities and opposition
political party members expressed continued concern at conditions in
immigration detention centers and instances of vilification of
immigrants and minorities. The Government administered many programs to
improve the socioeconomic conditions of Aboriginals 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 were problems that were being addressed
actively. There were some instances of forced labor in the past, but
none were identified during the year. There was some trafficking in
women, which the Government was taking steps to address. There was
ongoing criticism of the 1996 Federal Workplace Relations Act by
domestic labor unions and the International Labor Organization (ILO),
particularly in regard to the law's restrictions on multi-enterprise
agency bargaining and its emphasis on individual employment contracts.
The ILO asserted that these provisions are in violation of
international labor covenants. Australia was invited by the Community
of Democracies' (CD) Convening Group to attend the November 2002 second
CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents. However, a report by the Australian
Institute of Criminology, an agency of the Attorney General's
Department, revealed that in 2001, 87 persons had died in prison, in
police custody, or in the course of arrest, a slight decrease from the
91 deaths in 2000. Police fatally shot four persons and the cause of
death was not identified in two cases. Of the remainder, 25 deaths were
attributed to suicide by hanging, 31 to natural causes, 20 to multiple
injuries sustained during high-speed car chases, 3 to unspecified
injuries, 1 to a drug overdose, and 1 to self-inflicted gunshot wounds.
The police were cleared in all cases in which they were involved (see
Section 1.c.).
On January 8, a woman died in the Villawood immigrant detention
center near Sydney, the only known death in an immigration detention
facility. A coroner's inquest found that death resulted from injuries
sustained in a fall; no determination could be made as to the cause of
the fall.
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, there were
occasional reports that police mistreated suspects in custody. Some
indigenous groups charged that police harassment of indigenous people
was pervasive and that racial discrimination among police and prison
custodians persisted. Amnesty International (AI) 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 the 12 months prior to
June 30, 73 New South Wales police officers were charged with criminal
offenses ranging from assault to inappropriate access to information.
Seven Queensland police officers were charged with criminal offenses
during the same period.
In 2001, the most recent year for which statistics were available,
there were 87 deaths in custody or during arrest (see Section 1.a.). In
past cases where deadly force was used, the circumstances of the case
were reviewed and police were sanctioned in cases where abuses were
found to occur. There were no cases during the year in which police
were disciplined for the unjustified use of force.
According to the 2001 census, Aboriginal adults represented 2.2
percent of the adult population but approximately 20 percent of the
total prison population, with incarceration rates approximately 15
times that of nonindigenous citizens. Aboriginals accounted for 22
percent of the deaths in custody that year; five died in police custody
or during attempts by police to detain them, and fourteen in prison. Of
the five deaths in custody, three resulted from injuries and two were
found to be justifiable homicides. Of the 14 prison deaths, 8 were
suicides by hanging and 6 resulted from natural causes.
Prison conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
Within the country, each state and territory is responsible for
managing its own prisons. After a 2001 death in custody, the Tasmanian
government implemented extensive reforms in prison operations.
The Federal government oversaw six immigration detention facilities
located in the country and several offshore facilities in the
Australian territory of Christmas Island and in the countries of Nauru
and Papua New Guinea. These facilities were used to detain individuals
who attempted to enter the country unlawfully, pending determinations
on their applications for refugee status. In May the 6 onshore centers
held 1,258 detainees. By the end of November, the two offshore
facilities on Nauru and on Manus Island in Papua New Guinea held 812
asylum seekers. These included 137 on Nauru and 87 on Manus Island
whose applications for refugee status had been approved, but who had
not been resettled yet. At that point, of the 1,497 asylum seekers who
had received determinations of status, 736 claims were upheld and 761
rejected; only 5 persons still had not received an asylum review
decision (see Section 2.d.).
Media reports, confirmed by the Government, indicated that at least
one person died while in immigration detention during the year. This
followed the deaths of three persons in 2001 and one in December 2000
(see Section 1.a.). Hunger strikes, protests, and arson occurred during
the year at immigration detention facilities over allegedly poor
sanitary conditions, inadequate access to telephones, limited
recreational opportunities, decisions to deny refugee status, and
delays in processing final appeals of asylum claims. In March
approximately 50 detainees escaped from the Woomera detention center
after a group of refugee activists broke into the facility. Most of the
fugitives were captured within a few days, but a few remained at large
at year's end.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions in practice. The law provides that law enforcement
officials may arrest persons without a warrant if there are reasonable
grounds to believe a person has committed an offense. Law enforcement
officials can seek an arrest warrant from a magistrate when a suspect
cannot be located or fails to appear. Once individuals are arrested,
they must be informed immediately of the grounds of arrest and of their
rights under the law. Once taken into custody, a detainee must be
brought before a magistrate for a bail hearing at the next sitting of
the court. Persons charged with criminal offenses were generally
released on bail unless considered a flight risk or charged with an
offense carrying a penalty of 12 months' imprisonment or more.
Attorneys and families were granted prompt access to detainees.
Detainees held without bail pending trial generally were segregated
from the rest of the prison population.
In June the Australian Council of Civil Liberties urged a review of
the mandatory detention procedures for unauthorized immigrants in
effect since 1994, citing a lack of international precedent for
detaining asylum seekers and a need for independent oversight of the
facilities. The Government responded by noting that immigration
detention facilities were monitored by the Department of Immigration
and Multicultural and Indigenous Affairs (DIMIA), using standards
developed in consultation with the Commonwealth Ombudsman's office, and
were open to inspection by the Ombudsman's office and the independent
federal Human Rights and Equal Opportunity Commission (HREOC).
During the year, the Government granted the U.N. High Commission on
Refugees (UNHCR) access to these facilities. In May the U. N. Working
Group on Arbitrary Detention conducted an investigation into the
detention centers and reported on its findings; the U.N. High
Commissioner for Human Rights' Special Envoy released another report on
the facilities in July. Both reports were critical of the facilities
and the Government's policy of detaining children, unaccompanied
minors, the elderly, and asylum seekers with disabilities. The
Government rejected both reports, asserting they misrepresented
government policy, contained many inaccuracies, and commented on issues
well beyond the scope of their mandate.
In November 2000, HREOC asserted that in detaining a number of
permanent resident convicts indefinitely pending deportation, the
Government was in breach of the U.N. International Covenant on Civil
and Political Rights. HREOC's March 2001 report asserted that as many
as 70 permanent residents, most with Vietnamese nationality, had
completed their prison terms but were still in custody pending
deportation. A bilateral agreement later that year allowed the return
of 35 Vietnamese nationals, and, at year's end, 10 remained in custody
pending deportation.
Neither the Constitution nor the law address exile; however, the
Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
There is a well-developed system of federal and state courts, with
the High Court at its apex. The Federal Court and the High Court have
very limited roles, with most criminal and civil trials conducted by
state and territorial courts.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. A magistrate conducts local
court trials. In higher courts such as the state district or county
courts and the state or territorial supreme courts, there is generally
a judge and jury. The judge conducts the trial, and the jury decides on
the facts and on a verdict.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such practices, and the Government
generally respected these prohibitions in practice. There were two
reported incidents during the year of telephone interceptions of trade
union communications, one by the Defense Signals Directorate and the
other by the Cole Royal Commission in connection with criminal activity
in the building industry. The Government investigated both incidents
and concluded that there was insufficient evidence to substantiate
allegations that the security forces covertly monitored labor unions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution does not provide
for freedom of speech and of the press; however, in two decisions the
High Court has indicated that freedom of political discourse is implied
in the Constitution. The High Court also has supported implied
constitutional freedom of speech and of the press involving public
political discourse. Citizens and the media freely criticized the
Government without reprisal. Government officials have occasionally won
libel suits against the independent media; however, such judgments have
not impeded vigorous media criticism. An independent press, an
effective judiciary, and a functioning democratic political system
combine to support freedom of speech and of the press, including
academic freedom.
b. Freedom of Peaceful Assembly and Association.--While the right
to peaceful assembly is not codified in law, citizens exercised it
without government restriction. There is no explicit right to freedom
of association; however, the Government generally respected this right
in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The Government encourages immigration by skilled migrants, family
members, and refugees who enter through legal channels.
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, subject to certain geographic and time
constraints on claims by those who previously sought asylum in a safe
third country. The Government cooperated with the office of the UNHCR
and other humanitarian organizations in assisting refugees. There is no
provision for first asylum. Federal immigration officials adjudicate
refugee status claims based on UNHCR standards. Legal assistance is
provided upon request to detainees making an initial asylum claim or
application for lawful residence.
In September 2001, Parliament passed legislation that retroactively
removed the right of any noncitizen to apply for a permanent protection
visa (i.e., the right to live and work permanently in the country as a
refugee) if that person's entry was unlawful and occurred in one of
several ``excised'' territories along the country's northern arc:
Christmas Island; Ashmore and Cartier Islands; the Cocos Islands; and
any sea or resource installation designated by the Government.
Under the law, foreign nationals arriving at a national border
without prior entry authorization are automatically detained.
Individuals may be released pending full adjudication of their asylum
claim only if they meet certain criteria such as age, ill health, or
experience of torture or other trauma. However, most asylum seekers
were undocumented, with claims that could not be immediately verified,
and did not meet release criteria; they were detained for the length of
the asylum adjudication process. Upon approval of an asylum claim, a
temporary protection visa valid for 3 years is granted. This status,
first established in 1999, grants full access to medical and social
services but does not authorize family reunification or allow travel
abroad with reentry rights. Prior to 1999, asylum claimants were either
granted or denied permanent protection visas. This status still exists,
and a full protection visa may be issued at any stage of the asylum
adjudication process, but those entering unlawfully through an
``excised'' or designated territory are excluded. In September the
Government began the process of reviewing protection claims for the
first group granted temporary protection status in 1999. It was not
clear what action would be taken with those whose claim to continued
protection was not upheld; however, denials of asylum claims may be
appealed successively to the Minister for Immigration and Multicultural
and Indigenous Affairs, an independent Refugee Review Tribunal, and a
Federal court.
In 2001-02 the Government recorded 1,645 unlawful arrivals in the
country on 22 boats. A significant rise in asylum claims since 1999,
coupled with insufficient staff and resources, has slowed processing of
protection claims by DIMIA. The average detention period for those
arriving unlawfully by boat during the year was 155 days; however,
appealed cases took approximately 15 weeks to process. Previously, the
average processing time for a primary decision on a refugee application
had been only 6 weeks. However, a small number of asylum seekers have
been detained for years pending review and appeal of their claims. In
2001 the Government decided that detention of asylum seekers would not
generally be funded for longer than 14 weeks, giving DIMIA a financial
incentive to expedite case handling.
The Government's detention policy has led to extensive litigation
by human rights and refugee advocacy groups, which charged that the
sometimes-lengthy detentions violated the human rights of asylum
seekers. In September 2001, HREOC criticized the new Border Protection
Act and related legislation, charging that they failed to apply human
rights protections equally within all territories. Citing the U.N.
International Covenant on Civil and Political Rights (ICCPR) to which
the country is a party, HREOC asserted that the country did not ensure
that all individuals within its sovereign territory received the basic
human rights protections recognized in the ICCPR.
In 2001 HREOC asserted that the Migration Amendment Bill improperly
abridged asylum seekers' right to pursue legal proceedings against the
Federal government for breaches of human rights obligations. Other
nongovernmental organizations (NGOs) such as Human Rights Watch voiced
similar criticism.
During the year, there were hunger strikes and protests in centers
over lengthy processing of final status determinations. In January and
again in June, approximately 150 detainees at the Woomera Detention
Center went on a hunger strike; up to 40 detainees sewed their lips
together in protest. In March and again in June, a group of refugee
advocates broke into the Woomera Detention Center, facilitating the
escape of approximately 50 detainees on the first occasion and 35 on
the second. Most of the fugitives in both incidents were captured
within a few days, but more than 10 remained at large at year's end. In
April about 100 detainees rioted at the Curtin Detention Center in
Western Australia, injuring 28 staff and setting several buildings on
fire (see Section 1.c.). At the end of December, detainees at five
detention centers set fire to buildings, with damages estimated at
$4.35 million (A$8 million). Five detainees were charged with arson.
In May the U. N. Working Group on Arbitrary Detention conducted an
investigation into the detention centers. After visiting five
facilities, the U.N. group reported that ``collective depression'' was
driving asylum seekers to acts of self-harm and attempted suicide. The
investigation expressed deep concern about the policy of detaining
children, infants, unaccompanied minors, pregnant women, the elderly,
and asylum seekers with disabilities. The Government rejected this
criticism, saying that it considered its detention policy successful
and saw no reason to modify it.
During the year, the HREOC examined whether the Government's policy
of detaining all unauthorized arrivals, including children, breached
the Convention on the Rights of the Child to which the country is a
party. Their report had not been made public at year's end. Public
submissions presented to the HREOC expressed serious concerns over the
effects of prolonged mandatory detention on children.
In July the U.N. High Commissioner for Human Rights' Special Envoy
released a report on Human Rights and Immigration Detention in
Australia. The report called the Government's policy on asylum seekers
a ``great human tragedy.'' The envoy charged that the conditions inside
the Woomera Detention Centre breached the Convention on the Rights of
Child and an international covenant relating to torture and other cruel
and degrading treatment. The envoy cited prolonged detention periods as
a major concern, alleging these sometimes resulted from lengthy and
cumbersome appeal procedures and unnecessary delays. The Government
dismissed the report as fundamentally and factually flawed, unbalanced,
and emotive, charging it misrepresented government policy and ignored
the fact that people in immigration detention had arrived in the
country illegally.
However, the Government did act to resolve problems at the centers
identified during a yearlong inquiry concluded in early 2001. The
inquiry cited infrastructure and management shortcomings at the Woomera
Detention Center and inadequate government oversight of the private
security firm hired to manage the facility. It concluded that poor
supervision at Woomera had allowed humiliating or verbally abusive
treatment of detainees by some guards, and also cited improper handling
of a child abuse complaint at the facility. The report recommended 16
changes to procedures at the centers, including improvements related to
child welfare. The Government publicly supported the report's
recommendations and implemented improvements to facilities and services
during the year. This included construction of new recreational
facilities and extensive landscaping as well as improvements to the
educational courses offered at detention centers, including new life
skills classes.
During 2001 ships carrying would-be asylum seekers attempting to
enter the country illegally were denied permission to enter the
country's ports or territorial waters. Some of the ships were rerouted
to the country's offshore immigration detention facilities on Christmas
Island and in Nauru and Papua New Guinea. In some cases, the would-be
asylum seekers reportedly took actions designed to force the Government
to allow them to enter the country's territorial waters and to land,
such as setting fire to their ships. In these cases, naval vessels
effected rescues but did not allow landings or entry to territorial
waters. In 2001-02 the Government recorded 1,628 attempted
interceptions of intending immigrants on 11 boats that were diverted to
offshore processing centers on Manus Island in Papua New Guinea and to
Nauru. New Zealand accepted 133 asylum seekers for evaluation and
possible resettlement. Immigration officials processed applications for
asylum presented at the offshore processing centers. In November DIMIA
confirmed that they had made a primary determination of all but 5 of
their allocated caseload of 1,502 asylum-seeker claims. Of these, the
applications of 141 Afghans, 551 Iraqis, and 44 nationals of other
countries were approved. Claims made by the remaining 761 had been
rejected, but were eligible for review. As of November, the country had
accepted 110 refugees from Manus Island and 192 refugees from Nauru for
resettlement. In August departmental officials confirmed that an Afghan
man had died at the offshore immigration center on Nauru. A post-mortem
examination by Nauruan authorities concluded that the man had died of
natural causes.
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 November 2001, citizens
elected the Liberal-National Party Coalition to a third 3-year term of
office. There also were elections in four of the country's eight states
and territories during 2001. The Australian Labor Party (ALP) won all
four elections and controlled all state and territorial legislatures at
year's end. In February in South Australia voters elected a Labor Party
government and in July citizens in Tasmania reelected the Labor Party
to a second 4-year term. In November Victoria voters reelected the
Labor Party to a second 4-year term.
There are no legal impediments to public office for women and
indigenous people. Both the Government and the opposition have declared
their intent to increase the numbers of women elected to public office.
There are 61 female members in the 226-seat Parliament. There are 4
female Ministers in the 30-member Federal government Cabinet. There is
one female Premier of Chief of State and/or Territories, the Chief
Minister of the Northern Territory.
Aboriginals were underrepresented among the political leadership
(see Section 5, Indigenous People). One Aboriginal was elected to the
Federal Senate in the October 1998 elections. During 2001 an Aboriginal
woman was elected to the West Australian state parliament (the first
indigenous woman to be elected to a state legislature) and four
Aboriginals, including a woman, were elected to the Northern Territory
legislative 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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. The Government in
general has cooperated with human rights groups; however, on occasion
it has made it clear that it did not agree with conclusions in reports
by some organizations.
The most significant of the country's human rights groups is the
federally funded but independent HREOC. During the year, the HREOC
examined the Government policy of detaining all unauthorized arrivals,
including children, and whether this policy breached the Convention on
the Rights of the Child (see Section 2.d.).
Overall, the number of complaints of discrimination received by the
HREOC rose slightly, from 1,263 in 2000-2001 to 1,271 in 2001-02.
Approximately 55 percent of all cases were not accepted, either because
they did not fall within HREOC's mandate or because no discrimination
was shown. Another 30 percent were resolved through conciliation, and
14 percent were withdrawn before action could be taken.
In March, after an April and May 2001 visit, the U.N. Special
Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and All Forms of Discrimination released his report on the
human rights situation in the country. His report indicated that
despite efforts by the authorities, much remained to be done to
eradicate the legacy of racial discrimination and reduce the social
inequalities and extreme poverty that affected the majority of
Aboriginals. His recommendations to the Government included: Provide
fresh impetus for reconciliation; enter into negotiations with
Aboriginal representatives to rectify the ``discriminatory nature'' of
1998 amendments to the Native Title Act; find a humane solution to the
question of the ``Stolen Generation'' (see Section 5); and intensify
efforts to combat racism and poverty experienced by Aboriginals. He
further recommended that the Government accede to the Convention on the
Elimination of All Forms of Discrimination against Women.
In May the U. N. Working Group on Arbitrary Detention conducted an
investigation into the country's detention centers and issued a report
criticizing the Government's detention policy (see Section 2.d.).
In 2000 the U.N. Human Rights Commission (UNHRC) urged the
Government to do more to secure a stronger, decisionmaking role for
indigenous citizens in regard to their traditional lands and natural
resources. The UNHRC also urged the Government to do more to provide
remedies to members of the Stolen Generation (see Section 5). In
addition, the UNHRC recommended review of mandatory sentencing policies
(see Section 5) and mandatory detention of illegal arrivals (see
Section 2.d.). The Government responded that many of the
recommendations were neither necessary nor desirable and reiterated its
belief that mandatory detention of illegal arrivals was consistent with
its treaty obligations. However, in October the newly elected
government of the Northern Territory repealed the territory's mandatory
sentencing laws (see Section 5).
In 2000 the ILO's Commission on Freedom of Association made a
series of recommendations regarding the country's labor laws,
especially the Workplace Relations Act and the Trade Practices Act (see
Sections 6.a. and 6.b.). The Government responded by stating that the
ILO's comments ``reflect an inadequate understanding of the nation's
law,'' and that the ILO failed to understand the domestic role of
certain labor laws. The Government rejected all of the ILO's
recommendations.
In 2000 the Government announced the results of a review of its
cooperation with U.N. human rights treaty committees. While maintaining
its commitment to involvement with the committees, the Government
decided to limit visits by such committees to cases where a
``compelling reason'' existed for the visit. In addition, the
Government stated that it would not delay removal of unsuccessful
asylum seekers on the basis of an appeal to one of the U.N. human
rights mechanisms; previously, such persons had been allowed to remain
pending the resolution of that appeal.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination based on these factors, and the
Government and an independent judiciary vigorously enforced the
prohibition.
According to a study in 2000 by the Australian Institute of
Criminology, 37 murders of homosexual men in New South Wales between
1989 and 1999 were hate crimes. A followup study by the institute found
that the perpetrators in these cases were young, exceptionally brutal,
and believed society approved of their actions. In its 2000-2001
report, the HREOC stated that it received complaints about
discrimination based on sexual orientation; its 2001-02 report did not
specifically identify complaints about discrimination based on sexual
orientation.
Women.--Violence against women was a problem, but there was no
consensus on its extent. Some observers estimated that domestic
violence might affect as many as one family in three or four. Domestic
violence was believed to be particularly prevalent in certain
Aboriginal communities, but only the states of Western Australia and
Queensland undertook comprehensive studies into domestic violence in
the Aboriginal community. It was widely agreed that responses to the
problem have been ineffectual.
The Government recognized that domestic violence and economic
discrimination were serious problems, and the statutorily independent
Sex Discrimination Commissioner actively addressed these and other
areas of discrimination. A 1996 Australian Bureau of Statistics (ABS)
study (the latest year for which statistics are available) found that
2.6 percent of 6,333 women surveyed who were married or in a common-law
relationship had experienced an incident of violence by their partner
in the previous 12-month period, and that almost one in four of these
women experienced violence by a partner at some time during the
relationship.
Prostitution is legal or decriminalized in several states and
territories. In some locations, state and local governments inspected
brothels to prevent mistreatment of the workers and to assure
compliance with health regulations. Child sex tourism is prohibited
within the country and for citizens overseas.
There were 14,074 victims of sexual assault recorded by the police
in 1999 (the latest figures publicly available; they do not distinguish
by gender), a decrease of 1.8 percent from 1998. This amounted to
approximately 74 victims of sexual assault per 100,000 persons. Spousal
rape is illegal under the state criminal codes.
Past occurrence of female genital mutilation (FGM) was
insignificant. However, in the last few years, small numbers of girls
from immigrant communities in which FGM is traditionally practiced were
mutilated. The Government implemented a national educational program on
FGM, in a community health context, to combat the practice. The program
was designed to prevent FGM, to assist women and girls who already have
been subjected to it, and to promote a consistent approach to the issue
nationwide. The Government also allocated funds for the development of
state and territory legislation to combat FGM. All states and
territories except Queensland and Western Australia have enacted
legislation against FGM. In all states and territories where FGM
legislation existed, it was a crime either to perform FGM or to remove
a child from the jurisdiction for the purpose of having FGM performed.
Punishment for these crimes could include up to 7 years in prison.
Trafficking in women from Asia and the former Soviet Union for the
sex trade was a limited problem (see Section 6.f.).
Sexual harassment is prohibited by the Sex Discrimination Act. The
HREOC 2001-02 report detailed several cases of sexual harassment; HREOC
received 195 harassment complaints during this period.
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. A
federally funded Office of the Status of Women monitored women's
rights. The federal Sex Discrimination Commissioner receives complaints
and attempts to resolve those that are deemed valid. According to the
HREOC 2001-02 report, sex discrimination complaints rose by 18 percent
during this reporting period, and 399 new cases were filed during the
year. Of these, women filed 88 percent and 85 percent were employment
related. Through June the ABS estimated that women's full-time average
ordinary weekly earnings were 80.15 percent of men's. However, a study
released by the Australian Institute of Management in May 2000 found
that women were paid only 66 percent of their male counterparts' wages.
This study also found that there were fewer female board members in
both large and small companies than in the previous year. Some members
of opposition political parties attributed the difference to changes in
workplace laws, such as the 1996 Workplace Relations Act, which relies
on the use of individual employment contracts that are negotiated
privately and thus do not necessarily foster equal pay outcomes. Other
commentators suggested that an ``old boy's network'' could make it
difficult for women to negotiate salaries equal to those of their male
counterparts.
Children.--The Government demonstrated its strong commitment to
children's rights and welfare through its publicly funded systems of
education and medical care. The Government provides a minimum benefit
of 16.8 percent of the cost of a first child's childcare to all parents
(with a smaller benefit for additional children), which increases to as
much as 100 percent for the lowest income families.
According to the Productivity Commission's Report on government
Services, which was released in 2001, the structure of school education
varied among states and territories. Formal schooling begins with 6 to
7 years of primary school followed by 5 to 6 years of secondary school,
depending upon the state or territory. Education was compulsory, free,
and universal in all states and territories for children between 6 and
15 years of age (and to 16 years of age in Tasmania). Most children in
urban areas attended school regularly, and children in rural areas
participated in school through radio programs or received government
subsidies for boarding school. The report stated that 67 percent of all
children completed 12 years of schooling (normally through the final
year of secondary education).
The Government provided universal health insurance to all citizens
from birth on a copayment basis. There was no discrimination between
children and adults or between males and females in the provision of
health care.
The HREOC receives complaints regarding children and attempts to
resolve those that 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; it allows suspected pedophiles to be tried in the country
regardless of where the crime was committed. There was no societal
pattern of abuse.
The Government and domestic NGOs responded promptly to the problem
of a small number of children who had been smuggled into the country,
some for the sex trade (see Section 6.f.). The NGO Childwise, formerly
End Child Prostitution, Pornography and Trafficking, conducted an
aggressive public education campaign to raise awareness of the issue
and offer strategies to combat trafficking in children. Childwise
successfully lobbied the Government 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.). In 2000 the
Department of Family and Community Services released its plan of action
against the commercial sexual exploitation of children; however, no
information regarding activities resulting from this plan was
available.
In 1992 the High Court ruled that the right to consent to the
sterilization of a minor was not within the ordinary scope of a
parental or guardianship powers, except in limited circumstances. The
High Court ruled that the decision to undertake sterilization
procedures should be made by an independent body. The Government made
the federal Family Courts the arbiters in such cases; since 1998, it
has been illegal for a physician to conduct sterilization of a minor
without authorization from the Family Court. Physicians who performed
such procedures without court authorization were subject to both
criminal and civil action. In April a report into the sterilization of
girls and young women with disabilities, commissioned by the federal
Sex Discrimination Commissioner, found that the official data were
unreliable and that anecdotal evidence suggested that girls continued
to be sterilized in numbers that far exceeded the number of lawful
authorizations.
During 2001 HREOC asserted that under the Convention on the Rights
of the Child, the country's mandatory immigration detention policy
violated a child's right not to be deprived of his or her liberty
unlawfully or arbitrarily (see Section 2.d.).
Persons with Disabilities.--Legislation prohibits discrimination
against persons with disabilities in employment, education, or other
state services. The Disability Discrimination Commissioner promotes
compliance with federal laws that prohibit discrimination against
persons with disabilities. The Commissioner also promotes
implementation and enforcement of state laws that require equal access
and otherwise protect the rights of persons with disabilities.
The law makes it illegal to discriminate against a person on the
grounds of disability in employment, education, provision of goods,
services, and facilities, access to premises, and other areas. The law
also provides for investigation of discrimination complaints by the
HREOC, authorizes fines against violators, and awards damages to
victims of discrimination.
The 2001-02 HREOC report stated that 478 disability complaints were
filed during the 2001-02 reporting year, including 17 complaints of
discrimination based on mental disability and 17 complaints based on
learning disabilities. Of these 52 percent were employment related and
27 percent concerned the provision of goods and services. The
complaints covered a 12-month period.
Indigenous Persons.--The law prohibits discrimination on grounds of
race, color, descent, or national or ethnic origin. DIMIA, in
conjunction with the elected Aboriginal and Torres Straits Islander
Commission (ATSIC), has the main responsibility for initiating,
coordinating, and monitoring all government 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 2001-02 the Government planned to
spend approximately $1.27 billion (A$2.34 billion) on indigenous-
specific programs in areas such as health, housing, education, and
employment. In real terms, the Government increased funding for
Aboriginal benefits by 5 percent over the previous fiscal year.
However, indigenous citizens 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. Poverty and low average
educational achievement levels contributed significantly to Aboriginal
underrepresentation in national, territorial, and state political
leadership (see Section 3).
However, Aboriginals and Torres Strait Islanders can participate in
government decisionmaking that affects them through the ATSIC. Every 3
years, indigenous people elect representatives to 35 regional councils
and the Torres Strait Regional Authority, who in turn choose the 17
commissioners who make up the ATSIC Board. The ATSIC Board advocates
for indigenous people on all issues affecting indigenous people and at
all levels of government. ATSIC triennial elections for 380 regional
councilors were conducted in October. By the end of November, all the
regional councils had met and elected the 16 Commissioners who,
together with an elected representative from the Torres Strait, form
the new ATSIC Board. In December the ATSIC Board re-elected the current
Chairman and Vice-Chairman of ATSIC to another term. Voter
participation in the elections was higher than in the 1999 elections,
and there was a greater than 50 percent turnover in representatives at
both the Regional Council and Commission level. Female membership on
the 16-member Commission fell from 5 to only 1 member.
Government programs, including a $427 million (A$785 million)
indigenous land fund and a ``Federal Social Justice Package,'' are
aimed at reducing the challenges faced by indigenous citizens. The
indigenous land fund is a trust fund and enables indigenous people to
purchase land for their use. It is separate from the Native Title
Tribunal and is not for payment of compensation to indigenous people
for loss of land or to titleholders for return of land to indigenous
people.
The 1993 Native Title Act, which was amended in 1998, established a
National Native Title Tribunal to resolve native title applications
through mediation. The Tribunal also acts as an arbitrator in cases
where the parties cannot reach agreement about proposed mining or other
development of land. During the year, the ATSIC noted that the amended
act provided gains for Aboriginal people but still contained
``substantial pain'' for native title claimants. Aboriginal leaders
were pleased by the removal of a 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 continued to express
concern that the amended act limited the future ability of Aboriginal
people to protect their property rights.
In August the High Court ruled that native title rights did not
extend to mineral or petroleum resources, and that in cases where
leasehold rights and native title rights were in conflict, leaseholder
rights prevailed. In December the High Court rejected the Yorta Yorta
people's land claim, ending the country's longest-running native title
case. The Yorta Yorta claim covered more than 1000 square miles along
the Murray River, which flows through New South Wales, Victoria, and
South Australia. The court required that the Yorta Yorta people, in
order to claim ownership, demonstrate that they had, without
interruption and throughout the period of white settlement, practiced a
system of native law and tradition on the land in question. Aboriginal
leaders voiced concern that this decision would make future claims
untenable by establishing too great a burden of proof.
A 1993 survey indicated that 14.25 percent of the country's land is
owned or controlled by Aboriginal people, according to the Australian
Surveying and Land Information Group. In 2000 the UNHRC stated that the
country should do more to secure for indigenous citizens a stronger
role in decisionmaking over their traditional lands and natural
resources. Also in 2000, the U.N. Committee on the Elimination of
Racial Discrimination (CERD) expressed concern that the Government's
Native Title amendments would allow the states and territories to pass
legislation containing provisions ``reducing further the protection of
native title claimants.'' The CERD declared ``unsatisfactory'' the
Government's response to concerns about the Native Title regime
expressed in 1999. The Government responded later that year that the
laws were passed after full debate in a democratically elected
legislature and that the states have a sovereign right to determine
land use policy.
According to an ABS report released in March, in 2001 indigenous
people throughout the country were imprisoned at 15 times the rate of
nonindigenous people. The indigenous incarceration rate was 1,829 per
100,000 adult population, in contrast to a nonindigenous rate of 121
per 100,000. The AIC reported in June 2001 that the incarceration rate
among indigenous youth in 2000 was 17.4 times that of nonindigenous
youth. Over 45 percent of Aboriginal men between the ages of 20 and 30
years had been arrested at some time in their lives. In 2001 Aboriginal
juveniles accounted for 55 percent of those between the ages of 10 to
17 in juvenile corrective institutions. Human rights observers noted
that socioeconomic conditions gave rise to the common precursors of
indigenous crime, such as unemployment, homelessness, and boredom.
In the past, there was controversy over state mandatory sentencing
laws. These laws set automatic prison terms for those with multiple
convictions for certain crimes. Human rights groups criticized
mandatory sentencing laws, which allegedly resulted in prison terms for
relatively minor crimes and disproportionately affected Aboriginals. In
2000 the U.N. Human Rights Commission issued an assessment of the
country's human rights record that was highly critical of mandatory
sentencing (see Section 4). The Federal government responded that
democratically elected governments passed such laws after full
political debate, making it inappropriate for the Federal government to
intervene. The Government of the Northern Territory repealed the
territory's mandatory sentencing laws in 2001. The ATSIC welcomed this
repeal and called upon Western Australia, whose legislation was less
sweeping and had been less controversial than that of the Northern
Territory, to follow suit. Western Australia continued to retain its
mandatory sentencing laws, which made any person (adult or juvenile)
committing the crime of home burglary three or more times subject to a
mandatory minimum prison sentence.
Indigenous groups charged that police harassment of indigenous
people, including juveniles, was pervasive and that racial
discrimination among police and prison custodians persisted. Human
rights groups and indigenous people alleged a pattern of mistreatment
and arbitrary arrests occurring against a backdrop of systematic
discrimination; these statements were based on anecdotal information
and lacked statistical confirmation.
The ABS report Australia's Health 2000 concluded that the average
life expectancy of an indigenous person remained 20 years less than
that of a nonindigenous person. The indigenous infant mortality rate
was 2.8 times and the maternal mortality rate was 4 times the rates
found in nonindigenous populations. According to the Australian
Institute of Health and Welfare, between 1998 and 2000, tuberculosis
and hepatitis A and B rates among indigenous people were, respectively,
3.9 times greater, 5.2 times greater, and 6 times greater than rates
among the nonindigenous.
According to the Department of Family and Community Services,
indigenous youth were 2.5 times more likely than nonindigenous youth to
leave school before completing high school. The ATSIC 2000-2001 report
estimated that the indigenous unemployment rate was 23 percent, 3 times
that of the general population, and that employment was concentrated
mainly in government and the indigenous service industry sectors, or in
low-skilled jobs. Indigenous citizens were nearly 3 times more likely
to be working as laborers and related workers and only half as likely
to be employed as managers and administrators or in professional
occupations, according to the latest available (1998) figures from the
ABS.
In August 1999, 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 Aboriginals 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 continued to oppose an
official apology for the ``Stolen Generation'' of Aboriginal children,
who were taken from their parents by the Government from 1910 until the
early 1970s and raised by foster parents and orphanages. The
Government's position remained that the present generation had no
responsibility to apologize for the wrongs of a previous generation.
In 2000 a federal court ruled against two claims for government
compensation by members of the ``Stolen Generation,'' stating that they
did not provide sufficient proof that they had been taken without
parental consent. However, the presiding judge stressed that the ruling
did not settle the question of compensation for ``stolen'' children as
a whole. Also in 2000, the UNHRC urged the Government to do more to
provide a remedy for members of the ``Stolen Generation'' (see Section
4). During this year, the High Court dismissed a hearing request by
claimants in the 2000 case. There were new calls for a reparations
commission for the ``Stolen Generation,'' including an ATSIC proposal
that the Government establish a Reparations Tribunal to avoid costly
future legal battles.
Following the 1997 publication of HREOC's landmark report on the
``Stolen Generation'' entitled ``Bringing Them Home,'' the Federal
government allocated $34.27 million (A$63 million) over 4 years to a
comprehensive package of initiatives to facilitate family reunification
and assist victims in coping with separation trauma. At the end of the
fiscal year, all $34.27 million had been disbursed. In addition, the
2001-02 federal budget allocated a further $29.32 million (A$53.9
million) over a 4-year period for programs under this initiative.
The Government's approach toward Aboriginals emphasized a
``practical reconciliation'' aimed at raising the health, education,
and living standards of indigenous people. Following the 2001
parliamentary elections, the Prime Minister designated a minister to
serve as both Minister Assisting the Prime Minister for Reconciliation
and Minister of Immigration and Multicultural and Indigenous Affairs.
The latter portfolio includes oversight of the Department of
Reconciliation and Aboriginal and Torres Strait Islander Affairs,
previously its own department. The mandate of the Council for
Aboriginal Reconciliation (CAR), created by Parliament in 1991, expired
in 2000. The CAR's final report was released in December 2000 and
included recommendations for a constitutional amendment to make racial
discrimination unlawful, as well as federal and state performance
benchmarks and timelines to overcome Aboriginal disadvantage and
enactment of legislation furthering reconciliation principles. It also
called for preparation of parliamentary legislation providing for a
referendum on deleting Section 25 of the Constitution, which denies
voting rights in Federal elections to any person previously denied the
franchise on racial grounds under State laws. (In practice, this
section has no impact, as there are no race-based exclusions in state
voting laws.) The report also recommended that appropriate recognition
be given to the Aboriginal people and Torres Strait Islanders as the
original inhabitants of the land.
In 2000 federal and state government leaders agreed to promote the
economic welfare of indigenous people and reduce economic disparity.
Under the agreement, a Federal-State leadership group, the Council of
Australian governments (CAR), would monitor progress toward these
goals. At year's end, the Government had not acted on the CAR
recommendations for a referendum, a Constitutional amendment, or
recognition of the Aboriginal and Torres Strait Islanders as original
inhabitants of the land.
Reconciliation Australia, Ltd., a private foundation with
government funding, replaced CAR in 2000. Chairman Geoff Clark called
on the foundation to strive for a true reconciliation guaranteed by
both formal recognition of indigenous rights and a treaty. However, the
Government remained opposed to a treaty on the principle that treaties
could exist only between nations. There was some discussion of
reconciliation treaties between Aboriginals and individual states; at
year's end, no legislative action had been taken.
On July 22, the Federal government commemorated the opening of a
government-funded ``reconciliation park'' in Canberra.
The NGO Aboriginal Tent Embassy in Canberra set up a small
structure on public land opposite the Old Parliament building and
worked to publicize Aboriginal grievances. Other Aboriginal NGOs
included groups working on native title issues, reconciliation, deaths
in custody, and Aboriginal rights in general. International NGOs, such
as Amnesty International, also monitored and reported on indigenous
issues and rights.
National/Racial/Ethnic Minorities.--Although Asians are less than 5
percent of the population, they make up 40 percent of new immigrants.
Public opinion surveys had indicated concern with the number of new
immigrants, and in 1996 the Government reduced the annual nonrefugee
immigration quota by 10 percent to a maximum of 74,000. It was
subsequently raised to approximately 80,000 and expanded to 93,000
during the year. The annual quota for humanitarian resettlement of
refugees remained constant at approximately 12,000. However, a marked
increase in unauthorized boat arrivals from the Middle East during the
period from 1998-2001 heightened public concern that ``queue jumpers''
and alien smugglers were abusing the country's refugee program. Leaders
in the ethnic and immigrant communities expressed concern that
increased numbers of illegal arrivals and violence at migrant detention
centers had contributed to incidents of vilification of immigrants and
minorities. Following the September 11, 2001, terrorist attacks, there
were allegations of verbal harassment and threats against Muslim
residents, and a mosque in Brisbane was attacked by an arsonist. In
December a former security officer convicted of the arson was sentenced
to 6 years in prison.
In March 116 NGOs, churches, unions, and government agencies joined
the Acting Race Discrimination Commissioner at a 2-day national
conference on tackling racism in the country. According to the 2001-02
HREOC report, the number of racial discrimination complaints fell by 30
percent during the year. Of 186 reported cases, 35 percent involved
employment; 29 percent involved provision of goods, services, and
facilities; and 19 percent alleged ``racial hatred.'' Non-English
speakers filed 31 percent of the complaints and Aboriginals and Torres
Strait Islanders only 13 percent. However, following the deaths of 88
citizens in an October terrorist bombing in Bali, the press reported an
increase in racially motivated incidents.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers, including
public servants, freedom of association domestically and
internationally, and workers exercised this right in practice. The law
also provides for employer associations. In August 2001, an ABS survey
indicated that union membership had declined slightly, to 24.5 percent
of the workforce.
Unions carry out their functions free from government or political
control, but most local affiliates belonged to state branches of the
ALP. Union members made up at least 50 percent of the delegates to ALP
State and Territory conferences, but unions did not participate or vote
as a bloc.
The 1996 Federal Workplace Relations Act contained curbs on union
power, restrictions on strikes (see Sectionb.), and an unfair-dismissal
system which limited redress and compensation claims by employees.
Several unions have objected to the law, alleging it violated the right
to assembly provided for in several ILO conventions that the Government
has signed. The primary curb on union power is the abolition of closed
shops and union demarcations. This provision could create many small
and competing unions at the enterprise level, but thus far there have
been few changes in existing union structures. The only enterprise
union to be registered under the provisions of the act, the Ansett
Pilots Association, disappeared following the decision of company
administrators to close down Ansett Airlines at the beginning of the
year.
Unions may form and join federations or confederations freely, and
they actively participated in international bodies. However, in March
2000, the ILO's Committee on Freedom of Association also recommended
that the Government take measures, including amending legislation, to
ensure that in the future trade union organizations are entitled to
maintain contacts with international trade union organizations and to
participate in their legitimate activities. The Government rejected
this recommendation.
b. The Right to Organize and Bargain Collectively.--The law at all
levels (federal, state, and territories) provides workers with the
right to organize and bargain collectively, and the law protects them
from antiunion discrimination; the Government respected these rights in
practice. In August the Western Australian Labor government enacted the
Labor Relations Reform Act of 2002. The act repealed laws that
permitted individual contracts to override collective agreements,
reversed many of the discriminatory measures against trade unions
contained in 1997 legislation, and removed requirements that unions
undertake complicated pre-strike ballots.
At a federal level, the negotiation of contracts covering wages and
working conditions shifted from the centralized awards system of the
past to enterprise-level agreements certified by the Australian
Industrial Relations Commission (AIRC). In 2001-02, the AIRC certified
6,738 enterprise agreements, which was an increase of 8 percent from
the number certified in 1997-98. The federal, state, and territorial
governments administered centralized minimum-wage awards and provided
quasi-judicial arbitration of disputes, supplemented by industry-wide
or company-by-company collective bargaining. The Workplace Relations
Act provided for the negotiation of Australian Workplace Agreements
(AWAs) between employers and individual workers. These agreements were
subject to far fewer government regulations than the awards; however,
AWAs must meet comparable standards for basic working conditions as an
award in the same sector. The Office of the Employment Advocate
reported that the OAE and AIRC had approved 290,029 AWAs since March
1997. This year 8,338 AWAs were approved, covering 5,074 employers. In
2000 the ILO recommended that the Government amend legislation so that
workplace agreements did not undermine the right to bargain
collectively; the Government rejected this recommendation. Ending a
long-running dispute, in 2001 a federal court ruled that a mining
company could offer individual employment contracts with superior
conditions (as compared to workers covered by collective bargaining
agreements) to iron ore miners in the Pilbara region of Western
Australia. However, workers could not be compelled to accept the
individual work agreements, and unions retained the right not only to
represent employees who supported collective bargaining but also those
who elected to accept an individual work agreement.
An implicit right to strike was legalized in 1994 legislation. The
1996 Workplace Relations Act significantly restricted the right of
workers to take industrial action, including heavy fines for labor
unrest during the life of an agreement and tougher secondary-boycott
provisions, and confined it to the period of bargaining, where it
remains a protected action. Protected action provides employers,
employees, and unions with legal immunity from claims of losses
incurred by industrial action during the formal period of bargaining
over a new enterprise agreement. In April 1999, a union successfully
challenged this provision in federal court; 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. Parliament has rejected on four occasions the
Government's proposed associated legislative changes to the Federal
Trade Practices law, which would have provided companies with resort to
legal action if they were subject to secondary boycott action. There
has been no significant increase in industrial actions taken outside
the bargaining period, and the decision has not been appealed to date.
During the year, the most notable national industrial actions were
against the airline industry and component parts manufacturers
associated with the motor vehicle industry. There were also short
localized strikes by nurses, teachers, and construction workers. The
Bureau of Statistics reported 684 industrial disputes for 2001-02, down
2 percent from the previous year; over the same period, workdays lost
due to strikes fell by 6 percent to 329,300. During the year, the
national union federation, the Australian Council of Trade Unions
(ACTU), also campaigned to increase the minimum wage, to establish a
new benchmark for weekly working hours (especially as related to
mandatory overtime), and to protect employee entitlements in the face
of numerous company collapses. In one important case, the Industrial
Relations Commission refused the ACTU's request to set a standard for
``reasonable working hours'' but allowed workers to refuse without
penalty to work unreasonable overtime. Laws and regulations prohibit
retribution against strikers and labor leaders, and they were
effectively enforced. In practice employers avoided available legal
remedies such as secondary boycott injunctions in order to preserve
amicable long-term relationships with their unions.
In 2000 the ILO's Committee on Freedom of Association recommended
substantial changes to the Workplace Relations Act and the Trade
Practices Act after examining complaints of antiunion discrimination
raised by both domestic and international trade unions over the
Government's role in a 1998 labor dispute involving stevedores.
Specifically, the ILO recommended that the Government amend the
Workplace Relations Act to eliminate the linkage between restrictions
on strike action and legal provisions on interference with trade and
commerce. The ILO also criticized the Government's use of serving
defense force personnel as replacement workers in the 1998 strike. The
Government stated, in response to the recommendations, that the ILO's
comments ``reflect an inadequate understanding of Australian law.'' The
Government rejected all of the ILO's recommendations.
There are no export processing zones. The Darwin Trade Development
Zone, Northern Territory, attempted to increase exports via a
geographically defined free trade zone. In practice the Darwin
initiative was focused almost exclusively on Asian trading partners to
the north and west.
c. Prohibition of Forced or Bonded Labor.--Although there are no
federal laws prohibiting it, forced labor, including forced and bonded
labor by children, generally is not practiced. While there were
instances of such practices in the past, there were no reports of this
activity during the year.
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, which were
enforced by state educational authorities, effectively prevented most
children from joining the work force until they were 15 or 16 years of
age. Federal and state governments monitored and enforced a network of
laws, which varied 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 country has not ratified ILO Convention 182 on the worst forms
of child labor.
Federal law does not explicitly prohibit forced and bonded labor by
children, but such practices generally were not known to occur,
although there have been instances of such abuses in past years (see
Section 6.f.). As a result of the April 1999 discovery of children
working in several clothing sweatshops in Sydney and Melbourne, the
Attorney General's Department stated that it would study existing laws
and consider whether new legislation would strengthen the Government's
ability to combat the problem. The Federal government took no action on
this problem during the year; however, the state governments of
Victoria and New South Wales enacted legislation to strengthen
protections for children in the workplace in 2001. In November 2001,
the Victoria state government substantially raised fines for child
labor abuses within the state.
Most cases of abuse in the last several years have involved members
of ethnic communities from nations where child labor is not uncommon.
e. Acceptable Conditions of Work.--Although a formal minimum wage
exists, it has not been relevant in wage agreements since the 1960s.
Instead, differing minimum wage rates for individual trades and
professions covered 80 percent of all workers; all rates were enough to
provide a decent standard of living for a worker and family.
Most workers were employees of incorporated organizations. A
complex body of applicable government regulations, as well as decisions
of applicable federal or state industrial relations commissions,
prescribed a 40-hour or shorter workweek, paid vacations, sick leave,
and other benefits. The minimum standards for wages, working hours, and
conditions were set by a series of ``awards'' (basic contracts for
individual industries). Some awards specified that workers must have a
24- or 48-hour rest break each week while others specified only the
number of days off per number of days worked.
Over the past 2 decades, there has been a substantial increase in
the percentage of the workforce regarded as temporary workers. In 2001
there were 2.1 million persons (27 percent of the workforce) employed
as casual or temporary workers, even though government statistics
indicated that over 50 percent had been employed in the same job for
over 12 months, and 67 percent worked regular hours. Such employees
were not entitled to certain employment benefits such as sick leave or
annual leave, but were paid at a higher hourly wage rate.
Federal or state occupational health and safety laws apply to every
workplace.
The law provides federal employees with the right to cease work
without endangering their future employment 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
investigate complaints and demand remedial action.
Labor law protects citizens, permanent residents, and migrant
workers alike. Migrant worker visas required that employers respect
these protections and provide bonds to cover health insurance, worker
compensation insurance, unemployment insurance, and other benefits.
Reports of abuse of foreign workers generally referred to permanent
residents who performed work in their homes in the clothing and
construction industries.
f. Trafficking in Persons.--Legislation enacted in late 1999
targets criminal practices associated with trafficking, and other laws
address smuggling of migrants. Trafficking in persons from Asia,
particularly women, was a limited problem that the Government took
steps to address as part of a broader effort against ``people
smuggling,'' defined as ``illegally bringing noncitizens into the
country.'' Smuggling of persons in all forms, including trafficking, is
prohibited by the Migration Act, with penalties of up to 20 years'
imprisonment. In 2001 Parliament also enacted the Border Protection
Act, which authorized the boarding and searching of vessels in
international waters, if suspected of smuggling of or trafficking in
persons.
In February Indonesia and Australia co-chaired a 38-country
Regional Ministerial Conference on People Smuggling, Trafficking in
Persons and Related Transnational Crime. The conference participants
established a series of expert working groups to develop ways to combat
people smuggling and trafficking.
Also in February, the Government established a new position of
Ambassador for People Smuggling Issues, with responsibility for
promoting a coherent and effective international approach to combating
people smuggling (particularly in the Asia-Pacific region), assisting
as appropriate in the negotiation of international agreements for
return, readmission, and resettlement of persons brought into
Australia, and working for the prosecution of smugglers and traffickers
in persons. The Ambassador also was tasked with following up on the
results of the Regional Ministerial conferences on People Smuggling,
Trafficking in Persons and Related Transnational Crime.
The country is a destination for trafficked women. In 2001 the
Australian Institute of Criminology issued a report entitled Organized
Crime in People Smuggling and Trafficking to Australia, which observed
that the incidence of trafficking appeared to be low. However, the
Government, NGOs, and journalists agreed that an unknown number of
women were being trafficked into the country each year. DIMIA and the
Australian Federal Police reported that women from Thailand, the
Philippines, Malaysia, China, Indonesia, South Korea, Vietnam, and
parts of the former Soviet Union were brought into the country for the
purpose of prostitution, entering with fraudulently obtained tourist or
student visas. There were also reports of women trafficked into the
country from Afghanistan and Iraq. In the past, there were reports of
trafficking in women to work in sweatshops in the textile, clothing,
and footwear industries as well as in service industries, sometimes as
bonded labor. However, there were no such reports during the year.
There have been some instances of organized crime groups forcing
foreign women to work as sex workers. Some reports indicated that women
working in the sex industry became mired in debt or were physically
forced to keep working, and that women in irregular immigration status
were pressured to accept hazardous working conditions. Some women were
subjected to indentured sexual servitude to pay debts to their
traffickers. In the past, women were found locked in safe houses with
barred windows or under 24-hour escort, with limited access to medical
care or the outside world. Some women were lured by offers of
employment as waitresses, maids, or dancers and were not aware that
they would be employed as prostitutes after entering the country. In
some cases, women were coerced by criminal elements operating in their
home countries. There were also reports of young women, primarily from
Asia, sold into the sex industry by impoverished families. However,
available evidence indicated that such cases were not widespread, and
that most women working in the sex industry were not coerced.
Prostitution is legal or decriminalized in many areas of the states
and territories, but health and safety standards varied widely and were
not well enforced. In 1999 the Criminal Code Amendment (Slavery and
Sexual Servitude) Act came into force. The act modernized the country's
slavery laws, and contained new provisions directed at slavery, sexual
servitude, and deceptive recruiting to address the growing and
lucrative trade in persons for the purposes of sexual exploitation.
Under the act, conduct that amounts to slavery, or exercising a power
of ownership over another person, carries a maximum penalty of 25
years' imprisonment. Where a person engaged to provide sexual services
is not free to cease or to leave because of force or threats, those
responsible face penalties of up to 15 years' imprisonment, or 19 years
if the victim is under age 18. A person who deceptively induces another
person to provide sexual services faces a penalty of up to 7 years'
imprisonment, or 9 years if the victim is under age 18. The act
provides for penalties of up to 25 years' imprisonment and was part of
a federal, state, and territory package of legislation. However,
prosecution has been hampered by the difficulty of identifying victims
or traffickers and the unwillingness or inability of witnesses to
testify. No prosecutions have been brought under this federal law to
date.
In 1994 the Government amended the Federal Crimes Act to provide
for offences such as child sex tourism and related matters. (Under the
laws of various states, it already was illegal for an adult to have
sexual relations with a child.) These provisions allowed for the
investigation and prosecution of citizens who traveled overseas and
engaged in illegal sexual conduct with children. Under the act, there
have been 16 investigations to date, resulting in 10 convictions and
two dismissals. Four cases were pending at year's end.
In 2001 the Government amended the criminal code provisions
relating to child sex tourism and sexual slavery and servitude better
to protect the interests of child complainants and child witnesses.
These amendments recognized that child complainants and child witnesses
were particularly vulnerable because of their age and nature of the
crime involved. The provisions protect the children's privacy and
protect the children from intrusive cross-examination while giving
evidence, allowing them to give evidence by means of closed circuit
television.
During the year, the Customs Service increased monitoring of all
travelers suspected of involvement in the sex trade, either as
employees or employers.
In 2001 DIMIA created an antitrafficking unit in New South Wales to
assess the extent of trafficking in the Sydney area; at year's end, the
assessment was ongoing. Also in 2001, Australian Aid (AUSAID) began a
development project to build the capacity of local agencies working to
prevent trafficking in Southeast Asia. Through AUSAID, the country also
sponsored training courses for travel agents and others to help prevent
child sex tourism. It also contributed $3.48 million (A$6.4 million) to
a three-year multidonor U.N. Development Program project to combat
trafficking in women and children and an International Organization for
Migration project to assist in the return and reintegration of
trafficked and vulnerable women in Southeast Asian countries.
There were no NGOs devoted specifically to trafficking victims;
however, assistance was available through NGOs that ran shelters for
women and youth; sex worker organizations; and Project Respect, a
consortium of organizations that combat exploitation or trafficking of
adults and children for pornography. Some of these NGOs received
government funding; others were funded privately.
__________
BRUNEI
Brunei Darussalam is a small, wealthy Islamic country ruled by the
same family for over 600 years. It was a British Protectorate from 1888
until 1959 when a self-governing constitutional monarchy was created,
with the British retaining responsibility for foreign affairs and
defense until 1984, when the sultanate became a fully independent and
sovereign nation. The 1959 Constitution provided for the first
delegation of political power by the late Sultan Omar Ali Saifuddin to
a council of state with popular representation. After a failed
rebellion in 1962, the Sultan invoked an article of the Constitution
that allowed him to assume emergency powers for 2 years. These powers
were renewed regularly, most recently in June under the present ruler,
Sultan Haji Hassanal Bolkiah. In 2000 the Foreign Minister confirmed
that a review of the Constitution was submitted to the Sultan for
approval, and that ``an element of an election'' was in this report.
However, to date there has been no word on when the revised
Constitution might be forthcoming. Although not all the articles of the
Constitution were 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 Head of the Islamic faith. The Constitution does not specifically
provide for an independent judiciary and all higher court judges are
appointed by the Sultan; however, in general the courts appear to act
independently.
The police force, which has responsibility for internal security,
and which includes an Internal Security Department, reports to the
Sultan, who maintains firm control over it.
The country's large oil and natural gas reserves, coupled with its
population of 345,000, give it a high per capita gross domestic product
of over $14,000. The worldwide recovery in oil prices that began in
1998 helped to restore the country's cash flow; however, the economy
still continued to feel the effects of the Amedeo Development
Corporation's 1997-98 collapse. The Government accused the
corporation's head, the Sultan's brother Prince Jefri, of
misappropriating $16 billion of the country's foreign reserves. In
October 2001, the Government set up Global Evergreen Pte Ltd., which by
mid-2002 had reached a satisfactory settlement with all of Amedeo's
creditors.
The Government generally respected its citizens' human rights in
several areas; however, its record was poor in other areas,
particularly with regard to civil liberties, and problems remained.
Citizens did not have the right to change the Government, and they
generally avoided political activity of any kind because of the
official atmosphere of disapproval concerning such activities. Citizens
do not exercise freedom of speech, freedom of press, freedom of
assembly, or freedom of association. Labor rights were circumscribed
and foreign workers sometimes were subjected to exploitation. Other
human rights problems continued, including restrictions on religious
freedom. Occasional spousal violence against women remained a problem,
although the Government addressed the issue at many levels.
Discrimination against women was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of prisoners, and there
were no reports of such mistreatment. Caning is mandatory punishment
for 42 drug related and other criminal offenses. Sentences of caning
are carried out in the presence of a doctor who monitors implementation
and who has the authority to interrupt and postpone the punishment for
medical reasons. Caning was included as part of the sentencing in 80
percent of criminal convictions. Many convicted persons reportedly
preferred caning to lengthy incarceration.
Prison conditions generally met international standards. There was
no overcrowding and a new facility was opened in Tutong to accommodate
a growing prison population. By year's end, there was still a need for
a separate juvenile detention facility as juveniles typically served
their sentences in adult detention centers. Male and female prisoners
were housed separately. Prisoners received regular medical checkups.
Remand cells at police stations were Spartan.
Human rights monitors were not reported to have requested prison
visits; however, foreign diplomats had consular access to detained
nationals. Family members were permitted to visit prisoners and bring
food.
d. Arbitrary Arrest, Detention, or Exile.--The law provides for a
prompt judicial determination regarding 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 used the ISA to detain persons
suspected of antigovernment activity; however, information on the
detainees was published only after they were released.
There were no known arrests for publishing or distributing
antigovernment literature during the year. However, in the past, the
Government has not hesitated to arrest and intern citizens for such
activities.
There were no arrests for religious missionary activities during
the year. In late 2000 and early 2001, the Government used the ISA to
detain at least seven Christian citizens, several of whom had converted
from Islam, for alleged subversive activities. All were released in
2001. Government officials maintained that the detentions were for
security rather than religious reasons (see Section 2.c.). Three of the
Muslim converts to Christianity were believed to have reverted to their
original faith after undergoing ``rehabilitation.'' Rehabilitation may
entail pressure, ceremonial renunciations, or schooling.
Normally a magistrate must endorse a warrant for arrest. Warrants
were issued without this endorsement on rare occasions, such as when
police were 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.
Several detainees, who played a pivotal role in the abortive 1962
rebellion and were detained without trial for 12 years from 1962 to
1973, subsequently escaped to live in self imposed exile in Malaysia.
They began to return to Brunei in the mid-nineties and were rearrested.
The detainees were released from detention after swearing an oath of
loyalty to the Sultan and admitting to political ``crimes.'' Several
were given government positions. The leader of the 1962 rebellion,
Sheikh Azahari bin Sheikh Mahmud, died in exile in Indonesia during the
year.
Under a colonial-era law, the Sultan may forcibly exile, either
permanently or temporarily, any person deemed to be a threat to the
safety, peace, or welfare of the country. Since independence there have
been no cases of banishment of citizens.
e. Denial of Fair Public Trial.--The Constitution does not provide
specifically for an independent judiciary. However, in 1996 the
appellate level High Court ruled that the court had powers independent
of the prosecution. The Government has not challenged yet the High
Court's finding that magistrates have the legal power to discharge and
acquit a defendant, even when the prosecution does not request the
discharge. In general the courts appeared to act independently during
the year.
The judicial system consists of five levels of courts, with final
recourse in civil cases available through the Privy Council in London.
Procedural safeguards include the right to defense counsel, the right
to an interpreter, the right to a speedy trial, and the right to
confront accusers. There were no known instances of government
interference with the judiciary and there were no trials of political
opponents during the year.
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. In September
the first group of lawyers trained in both civil and Shari'a law
graduated and were expected to assist in the proposed alignment of the
two legal systems into a comprehensive legal code. The country does not
have a ``Law Society'' (bar association) to promote lawyers' public
accountability. The law lacks provisions to allow companies or
individuals to sue the Government, which traditionally resolves
disputes with generous, non-negotiable settlements, or, in some cases,
simply refuses to settle. There is no legal provision to provide
affordable legal counsel for poor defendants, except in capital cases.
Such defendants may act as their own lawyers in court.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law permits government intrusion into the privacy
of individual persons, families, and homes. However, such intrusion
rarely occurred, except in cases of enforcement of ``khalwat'', an
Islamic prohibition on the close proximity of a Muslim and a member of
the opposite sex other than a spouse. On these occasions, religious
enforcement officers may use appropriate force to enter a home,
building or vehicle to detain suspects.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Under the emergency powers that
have been in effect since 1962, the Government restricts significantly
freedom of speech and freedom of the press.
On October 1, 2001, legislation that could further reduce press
freedom took effect. Among other restrictions, it requires that the
local newspapers obtain operating licenses, as well as prior government
approval of foreign editorial staff, journalists, and printers. The law
also gives the Government the right to bar distribution of foreign
publications and requires distributors of foreign publications to
obtain a government permit. The new law allows the Government to close
a newspaper without prior notice and without showing cause. Journalists
deemed to have published or written ``false and malicious'' reports
were subjected to fines or prison sentences.
Prior to the promulgation of this new law, there were no laws
specifically restricting freedom of speech and freedom of the press;
however, 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 were
found to be objectionable, embarrassing, or critical of the Sultan, the
royal family, or the Government were not allowed into the country at
times. Magazine articles with a Christian theme reportedly were
censored (see Section 2.c.). However, the growing use of fax machines,
the Internet, and access to satellite transmissions made it
increasingly difficult to keep such material from entering the country.
The country's largest circulation daily newspaper, the Borneo
Bulletin, appeared to practice self censorship in its choice of topics
to avoid angering the Government. However, letters to the editor often
included comments critical of the Government's handling of certain
social, economic, and environmental issues. The Government on occasion
responded to public opinion on some issues concerning social or
environmental problems. There was one Malay language press, the Media
Permata, which circulates approximately 5,000 newspapers. There was
also one Chinese language newspaper.
A second daily English-language newspaper, the News Express,
featured a letters page where citizens and residents expressed their
views and complaints, often about government services and,
increasingly, about government policy. The newspapers' willingness to
publish these expressions of opinion represented a modest extension of
press freedom. During the year, the newspaper was raided on several
occasions by the Immigration Department and subsequently charged with a
number of offenses. In September the News Express and three journalists
were sued successfully for slander and defamation by a private legal
firm, which was awarded substantial damages. The company that owned the
newspaper declared bankruptcy and closed.
Although the only television station was government owned, three
Malaysian television channels were received locally. Two satellite
television networks were available, offering a total of 28 different
channels, including the Cable News Network, the British Broadcasting
Corporation World News, and several entertainment and sports channels.
The Government's tolerance of political criticism was not tested
because there was no organized opposition. However, the English
language newspaper, the Borneo Bulletin was advised by police not to
publish any stories about the activities of the Consumers' Association
of Borneo's (CAB), a quasi-human rights organization (see Section 4).
During the year, citizens generally made almost no criticism of the
Government for fear of official disapproval and risk of surveillance.
In the past, the Government did not hesitate to arrest those who
attempted to propagate unwelcome political views. The Government placed
no apparent restrictions on Internet use, which was widespread. Two
popular electronic bulletin boards contained postings that sometimes
were critical of government actions. The country's primary Internet
service provider was state owned.
The Government generally respected academic freedom; however, some
researchers chose to publish from overseas and under a pseudonym when
they perceived that subject matter pertaining to the country would not
be well received.
b. Freedom of Peaceful Assembly and Association.--Under the
emergency powers in effect since 1962, the Government significantly
restricts the right to assemble. Freedom to assemble for political
purposes was not tested seriously during the year.
Political parties are allowed, but may not engage in ``activities
that endanger people.'' Civil servants and security force personnel,
who together make up 60 percent of all employed citizens, are not
permitted to join political parties. There are two registered parties
in the country: The Brunei Solidarity National Party (PPKB) and the
Brunei People's Awareness Party (PAKAR). Both parties pledged their
support to the Sultan and the system of government, although they
criticized administrative deficiencies. During the year, the parties
largely were inactive, their few activities often went unpublicized,
their organizations were marred by internal strife, and they were
hindered by membership restrictions.
The country had few nongovernmental organizations (NGOs), all of
which were based locally and focused on a specific mission. There were
no international NGOs active in the country. Most domestic NGOs were
business or social associations; none dealt with political or human
rights issues. Any NGO seeking to operate in the country is required to
apply for permission under the Companies Act. The activities of
international service organizations such as Rotary, Kiwanis, and the
Lions, which developed out of the established business community,
continued to be restricted by the Government. Muslims were not allowed
by the Government to be members of these organizations.
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 routinely
restricted the practice of non-Islamic religions.
The Government voiced alarm about ``outsiders'' preaching radical
Islamic fundamentalist or unorthodox beliefs. For example, the Islamist
Al-Arqam movement remained banned. Citizens deemed to have been
influenced by such preaching (usually students returning from overseas
study) were assigned to study seminars organized by mainstream Islamic
religious leaders. The Government seemed at least as concerned with
these so-called Islamic ``opportunists'' as with unwelcome political
views. The Government investigated and used its Internal Security
Apparatus against persons whom it considered to be purveyors of radical
Islam or non-Muslims who attempted to proselytize.
The Government reinforces the legitimacy of the hereditary monarchy
and the observance of traditional and Islamic values through a national
ideology known as the Melayu Islam Beraja or ``Malay Muslim Monarchy.''
In 1993 the Government 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 restricted 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 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 in general there was no broad trend toward
increased religious freedom during the year.
Non-Muslims who proselytize may be arrested or detained, and
possibly held without charges for an extended period of time. In late
2000 and early 2001, the Government used the ISA to detain at least
seven Christians, three of whom were converts from Islam, for allegedly
subversive activities. The remaining three detainees, Malai Taufick bin
Haji Mashor, Awang Yunis bin Marang, and Awang Haji bin Abdullah were
released in October 2001, after spending 9 months in detention. There
were credible reports that one of the Christian detainees, Taufick, was
tortured and beaten during his first month of detention but that his
treatment improved when he was transferred to another prison. When
released, Taufick was placed under 1-year house arrest. A second
detainee, Yunis, reportedly returned to work and was allowed to attend
church services, but was not permitted to speak in public or travel
outside of the country. Government officials maintained that the
detentions were security-related (see Section 1.d.).
The Government routinely censored magazine articles on other
faiths, blacking out or removing photographs of crucifixes and other
Christian religious symbols during the year. In addition, government
officials guarded against the distribution and sale of items featuring
undesirable photographs of religious symbols.
The authorities conducted raids sporadically on 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). The
majority of citizens regarded these actions as upholding Islam. In July
2000, the Government briefly detained local members of a small Islamic
group for questioning after reports that group members in Malaysia were
involved in an arms theft. No new information was available at year's
end.
The Ministry of Education requires courses on Islam or the national
ideology, the Malay Muslim monarchy, and prohibits the teaching of
other religions. The Ministry requires that all students, including
non-Muslims, follow a course of study on the Islamic faith and learn
Arabic script. The International School of Brunei and the Jerudong
International School are exempt from these requirements. Private
Christian mission schools were not allowed to give Christian
instruction and were required to give instruction on Islam. However,
the Government did not prohibit or restrict parents from giving
religious instruction to children in their own homes. In January 2000,
the Government responded to objections from parents and religious
leaders and set aside tentative plans to require more Islamic courses
in private, non-Islamic parochial schools.
The Government requires residents to carry an identity card that
states the bearer's religion. Visitors to the country must identify
their religion on their landing cards.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
Generally the Government 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 which is granted routinely.
In May immigration officials prohibited 13 foreign financial
accountants working for Global Evergreen (a quasi-government company
established to settle claims against the AMEDEO Development
Corporation) from leaving the country based on allegations that the
employees held invalid work visas. The group was allowed to leave the
country shortly after media reports on their plight appeared in the
international press. The Home Affairs Ministry and Immigration
Department denied any wrongdoing in the case and indicated that it was
routine practice to ensure that all foreign employees used the correct
work visa.
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 may not change the Government; the country 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 entirely with the Sultan. 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 (see Section 2.a.).
The country attempted to institutionalize a form of popular
representation based on a traditional system of village chiefs who are
elected by secret ballot by all adults. Candidates must be approved by
the Government and must generally be Malay. These leaders communicate
constituents' wishes through a variety of channels, including periodic
meetings chaired by the Home Affairs Minister, with several officials
appointed by the Sultan. In 1996 the Sultan presided at the first, and
thus far the only, 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 of the council's advisors. Meetings between senior
government officials and Mukim representatives allowed for airing of
local grievances and concerns.
Members of the Sultan's appointed Cabinet serve as his principal
advisors.
The lack of a representative, democratic government seriously
limited the role of both men and women in government and politics,
although women were limited to a greater extent. The Sultan's sister,
Princess Masna, was the second ranking official in the Ministry of
Foreign Affairs, and a woman was appointed the country's Ambassador to
France during the year. In 1999 the first female High Court judge was
appointed. The director of the Anticorruption Bureau, the Solicitor
General, and the Assistant Solicitor General were women.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Consumers' Association of Brunei (CAB), established in March,
addresses human rights but is primarily focused on consumer rights.
However, after the CAB publicized poor working and living conditions
and alleged abuses (including torture) by factory management of
Bangladeshi workers involved in protest work stoppages, the
organization received a letter from the Commissioner of Police
requesting CAB to show reason why it should not be deregistered for
exceeding its mandate (see Section 6.e.). No new information was
available at year's end. However, senior CAB members reportedly were
subjected to surveillance during the year.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution does not contain specific provisions prohibiting
discrimination based on race, sex, disability, language, and social
status.
Women.--The extent of spousal abuse is unknown. During the year,
cases of abuse occurred, although specific figures were not available.
As of 2001, there were 86 reported cases of domestic abuse, 4 reported
cases on attacks on ex-wives, and 3 reported cases of child abuse. The
criminal penalty for a minor domestic assault is 1 to 2 weeks in jail
and a fine. An assault resulting in serious injury is punishable by
caning and a longer jail sentence.
A special unit exists within the police department to investigate
domestic abuse and child abuse complaints. Female officers staff the
unit. A hotline was in service for abused spouses and the public to
report domestic violence. The Ministry of Culture's Social Affairs
Services (SAS) Unit provided counseling for women and their spouses.
During the year, approximately 10 women and at least 7 young female
rape victims aged between 9 and 15, stayed at the Taman Noor Hidayah, a
women's shelter run by the SAS Unit. The local press reported that
female victims were restricted to the shelter while waiting for their
cases to be brought to court, resulting in considerable pressure from
the victims' families to leave the shelter and drop charges to avoid
social stigma.
Islamic courts staffed by both male and female officials offered
counseling to married couples in domestic violence cases. However,
there appeared to be a movement away from the practice of encouraging
wives to reconcile with flagrantly abusive spouses. In November the
Government sponsored a seminar entitled the ``Loving Nation'' in which
a number of social problems, such as domestic violence, were discussed.
Islamic religious authorities recognize wife beating as grounds for
divorce.
In 2000 two members of the Royal Brunei Armed Forces were sentenced
to 4 years' imprisonment and three strokes of the cane for the
attempted molestation and sodomy of a 20-year-old deaf girl.
Another area of apparent abuse involved female domestic servants,
most of whom were foreign workers (see Sections 6.c., 6.e., and 6.f.).
While the level of violence in society was low, the beating of
servants--or refusing them the right to leave the house on days off,
sometimes on grounds that they ``might encounter the wrong company"--
was less socially unacceptable behavior. Since most female domestics
were foreign workers who were highly dependent on their employers,
those subject to abuse were more likely to be unwilling or unable to
bring complaints, either to the authorities or to their governments'
embassies. However, when such complaints were brought, the Government
generally was quick to investigate allegations of abuse and impose
fines and punishment as warranted.
Prostitution is illegal. Women entering the country for purposes of
prostitution generally were deported swiftly (see Section 6.f.).
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 law, citizenship is transmitted
through the father. This has resulted in a number of ``stateless''
residents, who are entitled to live in the country and to be documented
for travel by the Government, but who do not enjoy the full privileges
of citizenship, including the right to own land. Recent legislation
allows female citizens who are married to foreigners or bear children
by foreign fathers to transmit citizenship to their children.
Although men are eligible for permanent positions in government
service whether or not they hold university degrees, women without
university degrees are eligible to hold government positions only on a
month-to-month basis. While some previous inequities have been
eliminated, women in month-to-month positions continued to receive
slightly less annual leave and fewer allowances than their male and
female counterparts in permanent positions.
There were 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
served in a wide variety of capacities in the armed forces. The number
of female university graduates increased, and nearly two-thirds of the
country's university's entering class was female.
Religious authorities strongly encouraged Muslim women to wear the
tudong, a traditional head covering, and most women did so. The custom
was practiced in most government departments, all female students in
government-operated schools were required to wear the tudong, and
female students in nongovernment schools also were encouraged to wear
it. However, there was no official pressure on non-Muslim women to wear
the tudong.
The 1999 Married Women's Law significantly improved the rights of
non-Muslim married women with respect to maintenance, property, and
domestic violence. The 1999 changes to the Islamic Family Law
(particularly in regard to Women's Position in Marriage and Divorce)
were expected to improve the marital rights of Muslim women. Recent
changes to the family law facilitated divorce proceedings for women and
permitted women to retain the family home after their divorce.
Children.--No statistics were 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 the first nine years; after
which, it is still free but no longer compulsory. With a few
exceptions, involving small villages in extremely remote areas,
nutritional standards were high, and poverty was almost unknown.
Medical care for all citizens, including children, was subsidized
heavily and widely available. During the year, at least 7 young female
victims aged between 9 and 15 years were raped (see Section 5).
Persons with Disabilities.--The law does not mandate accessibility
or other assistance for persons with disabilities. The Government
attempted to provide educational services for children with
disabilities, although these efforts were not adequate yet.
Indigenous Persons.--Indigenous people comprised 6 percent of the
population; they were integrated into society, and enjoyed 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, were not automatically accorded citizenship and its
attendant rights and had to travel abroad as stateless persons.
Section 6. Worker Rights
a. The Right of Association.--Trade unions are legal but must be
registered with the Government. The Government did not prevent the
legal registration of trade unions, nor did it dissolve any. While
unions are legal and easy to register, conditions were not conducive to
the development of trade unions. There was no encouragement of workers
to form trade unions, and existing unions were not active. The three
registered trade unions were all in the oil sector and had a total
membership of less than 5 percent of that industry's work force. All
workers including civil servants other than those serving in the
military, working as prison guards, or police officers, may form or
join trade unions. Unions are independent of the Government.
The law permits the formation of trade union federations but
forbids affiliation with international labor organizations.
b. The Right to Organize and Bargain Collectively.--The Government
did not interfere with lawful union activity during the year. It is
illegal to refuse employment or discriminate against an employee on the
basis of membership or nonmembership in a trade union. The law is
silent on collective bargaining, and it occurs in only a few
industries. Wage and benefit packages were based on market conditions
and tend to be generous. An individual contract is required between an
employer and each employee, but legal trade union activities may not be
deemed to violate employee contracts. Some local legal experts have
interpreted this provision as conferring the right to strike. However,
under the law, strikes are illegal.
There is a free trade zone in Muara Port, known as the Muara Export
Zone (MEZ).
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
There were reports that foreign domestic workers worked extremely
long hours and were not permitted rest days during the year. Their
passports allegedly were held by employers to prevent their departure,
there were anecdotal reports of such workers not being paid. During the
year, foreign and domestic employment agents reportedly brought workers
to the country from Indonesia, Malaysia, the Philippines, Pakistan, and
other countries under false pretenses of well-paying jobs as teachers
or shop assistants, only to force them later to accept jobs as
laborers. Other workers, most notably in the garment industry, upon
their arrival often were obliged to sign new employment contracts in
the country that reduced their promised salaries through substantial
monthly payments to their employment sponsors or agents. Living and
working conditions for these persons generally were poor.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Various laws prohibit the employment of children under the
age of 16. Parental consent and approval by the Labor Commission is
required for those under the age of 18. Females 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
enforced laws on the employment of children. There were no reports of
violations of the child labor laws.
The Government adheres to the standards of ILO Convention 182 on
the worst forms of child labor.
e. Acceptable Conditions of Work.--Due to the ongoing economic
downturn, unemployment has grown in recent years. However, most
citizens still commanded 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 per week, and double
time is paid for work performed on legal holidays. Occupational health
and safety standards are established by government regulations. The DOL
inspected 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 was lax, especially
for foreign laborers. The DOL may close any workplace where health,
safety, or working conditions are unsatisfactory, and it has done so.
The law permits a worker to leave a hazardous job site without
jeopardizing his employment, but generally this did not occur.
Approximately 80,000 foreign nationals worked in the country. There
were reports of cases of domestic bondage of foreign domestic workers
(see Section 6.c.). There also were isolated reports of employers
physically beating domestic employees or not providing them with
adequate food. The Government prosecuted some such cases. In May 2001
there were 10 reported cases of maid abuse. In one case, an Indonesian
maid collapsed at the International Airport while her employer, a
captain with the Royal Brunei Armed Forces, was attempting to
repatriate her. After being hospitalized, the maid claimed she was
subjected to persistent assaults and ill treatment by both her employer
and his spouse who allegedly used a hammer to fracture her teeth,
ironed her hand with a hot iron for working too slowly, and fractured
her ribs by kicking her. The captain also had incarcerated her at a
guard ``lock-up'' room for allegedly stealing. No new information was
available at year's end.
About 20,000 foreigners work in the garment industry. Workers and
observers protested conditions in some factories in that industry,
including inadequate accommodations, unsanitary facilities, and
relatively large deductions from pay for the employers, broker agents
and sponsors. The CAB highlighted in the press poor working and living
conditions and alleged abuses (including torture) by factory management
of Bangladeshi workers who had been involved in protest work stoppages
(see Section 4). During the year, approximately 1,000 factory workers
were repatriated, factory owners cited the world economic downturn and
subsequent decreased demand as reasons.
f. Trafficking in Persons.--The Law for the Protection of Women and
Girls prohibits trafficking in women and girls. Although there are no
laws that specifically refer to trafficking in men and boys, there are
laws that criminalize aspects of trafficking. Penalties for traffickers
range from 3 years' imprisonment and a fine to 30 years' imprisonment
and caning of not less than 12 strokes. No official trafficking
statistics were available, nor were there any NGOs present in the
country to track trafficking. The Government did not provide any
specialized training to government officials for the provision of
assistance to trafficking victims.
Employment agents in Brunei and in other countries reportedly
brought workers to the country from Indonesia, Malaysia, the
Philippines, Pakistan, and other countries under false promises of
well-paying jobs and later forced them to accept jobs as laborers or
agricultural workers. There also were reports of employers confiscating
the passports of domestic workers in order to prevent them from leaving
the country.
__________
BURMA
Burma is ruled by a highly authoritarian military regime. In 1962
General Ne Win overthrew the elected civilian government and replaced
it with a repressive military government dominated by the majority
ethnic group. In 1988 the armed forces brutally suppressed prodemocracy
demonstrations, and a junta composed of military officers, called the
State Peace and Development Council (SPDC), led by Senior General Than
Shwe, took control. Since then the SPDC has ruled by decree. The
judiciary was not independent, and there was no effective rule of law.
The regime reinforced its firm military rule with a pervasive
security apparatus, the Office of Chief Military Intelligence (OCMI).
Control was implemented through surveillance of government employees
and private citizens, harassment of political activists, intimidation,
arrest, detention, physical abuse, and restrictions on citizens'
contacts with foreigners. The SPDC justified its security measures as
necessary to maintain order and national unity. Members of the security
forces committed numerous, serious human rights abuses.
The country had a population of approximately 50 million. The
country was extremely poor; the estimated annual per capita income was
approximately $300. Four decades of military rule and mismanagement
resulted in widespread poverty, poor health care, and declining
educational levels. Primarily an agricultural economy, the country also
had substantial mineral, fishing, and timber resources. Extensive state
influence over the economy, widespread corruption, and poor
infrastructure has led to rapidly deteriorating economic conditions.
The regime's human rights record remained extremely poor, and it
continued to commit numerous serious abuses. Citizens did not have the
right to change their government. In ethnic minority areas, security
forces continued to commit extrajudicial killings and rape, forcibly
relocated persons, used forced labor, and conscripted child soldiers.
Disappearances continued, and members of the security forces tortured,
beat, and otherwise abused prisoners and detainees. Citizens were
subjected to arbitrary arrest without appeal. Arrests and detention for
expression of dissenting political views occurred on numerous
occasions. The SPDC arrested approximately 45 persons, including some
NLD members, for political activities during the year; most were
released within days. The Government also released approximately 550
political prisoners since talks began with the NLD in 2000. By year's
end, an estimated 1,300 political prisoners (including members and
supporters of ethnic armed groups) remained in prison. Prison
conditions remained harsh and life threatening, although conditions
improved in some prisons since the International Committee of the Red
Cross (ICRC) was allowed access. The judiciary was not independent.
The SPDC continued to restrict severely freedom of speech, press,
assembly, association, and travel. During the year, persons suspected
of or charged with prodemocratic political activity were subjected to
regular surveillance and occasional harassment. The junta restricted
freedom of religion, coercively promoted Buddhism over other religions,
and imposed restrictions on religious minorities. The regime's control
over the country's Muslim minority continued, although acts of violence
against Muslims decreased from last year. The regime regularly
infringed on citizens' privacy; security forces continued to monitor
citizens' movements and communications systematically, search homes
without warrants, and relocate persons forcibly without just
compensation or legal recourse. The SPDC also continued to forcibly
relocate large ethnic minority populations in order to deprive armed
ethnic groups of civilian bases of support. The regime continued to
restrict freedom of movement and, in particular, foreign travel by
female citizens. On May 6, the regime released opposition leader and
National League for Democracy (NLD) General Secretary Aung San Suu Kyi
from almost 20 months of house detention and has allowed her to travel
within the country since that time. The regime also loosened
restrictions on NLD activities and generally allowed Aung San Suu Kyi
to meet representatives of foreign governments and international
organizations. The regime closely monitored NLD activities at NLD
offices as well as the activities of other political parties throughout
the country. The junta recognized the NLD as a legal entity; however,
it restricted their activities severely through security measures,
harassment, and threats. The NLD was permitted to reopen approximately
90 out of 300 offices countrywide. The SPDC did not allow domestic
human rights organizations to function independently and remained
generally hostile to outside scrutiny of its human rights record.
However, in 2001 and during the year, it allowed the U.N. Special
Rapporteur on Human Rights in Burma to conduct missions to the country.
It also allowed the International Labor Organization (ILO) to establish
a liaison office in Rangoon. Violence and societal discrimination
against women remained problems, as did discrimination against
religious and ethnic minorities. There were no policies that
discriminated against persons with disabilities. The regime continued
to restrict worker rights, ban unions, and used forced labor for public
works and for the support of military garrisons. Other forced labor,
including forced child labor remained a serious problem, despite recent
ordinances outlawing the practice. The forced use of citizens as
porters by SPDC troops--with attendant mistreatment, illness, and
sometimes death--remained a common practice as did recruitment of child
soldiers by the SPDC. Trafficking in persons, particularly in women and
girls mostly for the purposes of prostitution, remained widespread,
despite increased regime efforts to publicize dangers to potential
victims.
Ethnic armed groups including the Karen National Union (KNU), the
Karenni National Progressive Party (KNPP), and the Shan State Army-
South (SSA) reportedly also committed human rights abuses, although on
a lesser scale; abuses included killings, rapes, forced labor, and
conscripted child soldiers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Amnesty
International (AI), and groups like the Shan Human Rights Foundation
(SHRF) and the Karen Human Rights Group (KHRG), which have been
associated with armed ethnic resistance groups, reported numerous cases
throughout the year of military troops killing civilians in border
areas and areas of ethnic resistance, often after confiscating property
or torturing the individuals (see Sections 1.g. and 5). Interviews by
foreign observers documented similar abuses.
In a July report entitled ``Myanmar: Lack of Security in Counter-
Insurgency Areas,'' AI cited a January 30 killing of six Shan State
civilians near the Thai border. The six villagers, who had been
relocated forcibly from their original homes by SPDC troops in 1996-97,
were attempting to cross into Thailand illegally when reportedly they
were robbed and killed by SPDC troops. According to the report, the
killings did not appear to be related to counter-insurgency activities.
On April 28, the KHRG reported that villagers who recently had been
forced from their homes in Karen State were attacked by SPDC troops
while sleeping. Ten persons were shot and killed, six of whom were
children; and nine others were injured, including a pregnant woman. On
May 10, one of the injured died. The regime contended that the
casualties were caught in a crossfire during a fight with armed ethnic
groups. The SHRF reported that on September 21, a SPDC unit raided a
village in Kholam, Shan State, killing 10 villagers in retaliation for
an earlier attack by the Shan State Army (SSA) against SPDC troops,
which killed one soldier. These reports were not confirmed by
independent sources.
Brutal treatment by soldiers also caused deaths among those
conscripted as military porters and laborers. There were unconfirmed
reports by various groups indicating that porters and laborers who no
longer physically were able to work sometimes were abandoned without
medical care or were killed (see Section 6.c.).
In 2001 according to one report from the KNU, at least 200
prisoners from the Tavoy prison in Tenasserim division were conscripted
by SPDC troops as laborers to construct a front line camp. The
prisoners were tied together in groups of 5 and were guarded by 40
soldiers. As prisoners weakened and no longer could work, 11 of them
were shot and killed. During the year, there were similar credible
reports of the military taking over 300 prisoners from jails in Shan
State for use as porters. There were no reports that soldiers involved
in past killings or other abuses were investigated or punished during
the year.
Inmates died in prisons and labor camps, or shortly after being
released from them, due to harsh treatment and lack of adequate medical
care (see Section 1.c.). On July 31, Aik Paung, Secretary of the
Palaung Liberation Front, died in Moulmein prison. Although his stomach
reportedly was bloated and swollen for 3 days, he was not hospitalized
or provided with any type of medical attention. In September political
prisoner Aung May Thu died from a bleeding ulcer while in custody (see
Section 1.c.). In October an NLD Shan State Vice Chairman, U Sai Hpa,
died in custody, reportedly from cerebral malaria (see Section 1.d.).
Some armed ethnic groups also reportedly committed killings. On
April 15, according to the SPDC, the KNU blew up a trishaw in Myawady,
Karen State, killing 5 persons and injuring 31 persons. The KNU denied
responsibility for the killings.
b. Disappearance.--Private citizens and political activists
continued to ``disappear'' for periods ranging from several hours to
several weeks or more, and many persons never reappeared. Such
disappearances generally were attributed to government authorities
detaining individuals for questioning without the knowledge of their
family members, or the SPDC troops' practice of seizing private
citizens for porterage or related duties, often without the knowledge
of their family members (see Section 6.c.). In many cases, the
individuals who were detained for questioning were released soon
afterward and returned to their families. However, the whereabouts of
persons seized by SPDC units to serve as porters, as well as of
prisoners transferred for labor or porterage duties, often remained
unknown. There also were reports of private citizens who were killed
while serving as porters (see Section 1.a.). Family members generally
learned of their relatives' fates only if fellow prisoners survived and
later reported information to the families. According to the SHRF, in
August a villager returning from gathering wild vegetables allegedly
disappeared after being taken by three SPDC troops to the military camp
at Naa Kawng Mu village in Mung-Ton township.
During an interview with the Democractic Voice of Burma, Ko Tait
Naing, the Secretary of the Association for Assistance to Political
Prisoners (AAPP), alleged that several political prisoners were
executed secretly by the junta. Naing stated that in July 2001, seven
prisoners were taken away from the prison in Beik and that there were
unconfirmed reports they were executed. Naing also alleged that in
April six prisoners who were taken away from the prison in Kawthaung,
were executed at Ngapyawjoaw village tract to the east of Zatekyi naval
base.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--There are laws that prohibit torture; however, members of
the security forces reportedly tortured, beat, and otherwise abused
prisoners, detainees, and other citizens. They routinely subjected
detainees to harsh interrogation techniques designed to intimidate and
disorient. There were reports in past years that prisoners were forced
to squat or assume stressful, uncomfortable, or painful positions for
lengthy periods. There continued to be many credible reports that
security forces subjected 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.
Persons forced into porterage or other labor faced extremely difficult
conditions, beatings, and mistreatment that at times resulted in death.
From June 7 to June 20, SPDC troops forced more than 130 civilians to
serve as porters near Keng Tung, Shan State. According to the SHRF at
least seven persons died due to mistreatment (see Section 6.c.). SPDC
soldiers beat, raped, and killed persons who resisted relocation or
forced conscription and forced labor. There were numerous reports that
SPDC troops looted and confiscated property and possessions from
forcibly relocated persons, or persons who were away from their homes;
these materials often were used for military construction. There were
reports of SPDC troops who confiscated privately owned vehicles for
military transport without compensating the vehicle owners.
During the year, there were complaints of government mistreatment
and exploitation of farmers. In the past, numerous farmers were held in
custody for failing to meet local production requirements, although
there were no such reports during the year.
In early March, in downtown Rangoon, residents of 25 homes in Weggi
quarter were ordered by the regional military commander to vacate their
houses by the end of the month. These persons, many of whom were long
time residents, appealed the order to senior SPDC officials to no
avail. Under military threats, many accepted relocation to apartments
estimated to be worth approximately 10 percent the value of their
vacated homes. On April 5, armed military authorities forced remaining
tenants to leave their houses, arresting those who refused. The homes
were destroyed, reportedly to make way for construction of new
residences for families or companies connected to the regime.
In May according to the KHRG, SPDC troops attempted to extort money
from villagers in Karen State prior to a forced relocation. The troops
reportedly burned homes, tortured a village headman by shooting him in
the thighs and cutting tendons in his legs, and beat other villagers
(see Sections 1.f. and 2.d.).
The KHRG reported that on July 11, soldiers opened fire on Saw Poe
Tot, a villager looking for his elephant, in Kameik village in
Tenasserim division. He was taken to a hospital by relatives and
survived.
On August 17, Captain Zaw Min Oo reportedly entered Yusomoso, a
mainly Catholic village in Timoso township in Kaya State (east of Karen
State) where, according to a reliable source, the Captain raped a 4-
year-old child. Military authorities reportedly offered the villagers
approximately $20 (20,000 kyat) to drop the case. In October the SHRF
reported that two SPDC soldiers used their rifle butts to beat and rape
a woman who was doing her laundry by the river in Kaen-Tung township.
They allegedly threw her into the river while she was still
unconscious. The woman survived and she and her husband complained to
their village headman and the community leader. No action was taken due
to fear of the police and SPDC township authorities. Also in October, a
group of six or seven SPDC troops reportedly raped two women in Murng-
Khark township.
SPDC troops raped women who were members of ethnic minorities,
especially in Shan, Karenni, and Karen States (see Section 1.g.).
Corruption among local government officials was widespread and
included complicity in the trafficking of persons (see Section 6.f.).
During the year, both men and women were conscripted to serve as
forced laborers and some of the women subsequently were raped at
gunpoint by military personnel (see Section 1.g.).
Prison and labor camp conditions generally remained harsh and life
threatening. The regime's Department of Prisons operated approximately
35 prisons and approximately 70 labor camps throughout the country (see
Section 6.c.). In the prisons, food, clothing, and medical supplies
reportedly were in very short supply. Bedding consisted of a single mat
on the floor. Prisoners were forced to rely on their families, who were
allowed to visit once every 2 weeks for 15 minutes per visit, for basic
necessities. HIV/AIDS infection rates in prison reportedly were high
due to communal use of single syringes for injections. During the year,
the health of several political prisoners deteriorated, and at least
three political prisoners died in custody (see Section 1.a.).
During the year, some prisoners were denied adequate medical care
while in prison. In one case, authorities did not provide a prisoner
with proper medical attention, and the prisoner subsequently died (see
Section 1.a.). There were reports during the year that the health of U
Win Tin, a 72-year-old journalist who has been in prison since 1989 for
his political activities, continued to decline. Similarly, there were
serious concerns about the health of Min Ko Naing, a student leader
also arrested in 1989 and subjected to years of isolation and torture.
The AAPP reported that on May 17 and 18, prison authorities severely
beat two political prisoners in Bassein prison because they submitted a
complaint to the prison superintendent. AAPP also reported that 22
political prisoners were moved from Kalay prison to Kathar prison,
because they smuggled out letters documenting conditions in the prison.
According to the regime, political detainees were separated from
common criminals, juveniles from adults, and men from women. According
to the ICRC, the regime stated that political prisoners should not be
subjected to hard labor.
During the year, the ICRC conducted periodic visits to all prisons
in the country, attempting to visit each one a minimum of once a year.
ICRC visits to labor camps began in March 2000 and continued during the
year. There reportedly were approximately 70 of these camps, but many
were temporary, existing only long enough to complete a specific work
project. The regime allowed the ICRC to perform its traditional
services, such as providing medications, delivering letters to and from
prisoners, and providing support for family visits to 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 used arbitrary arrest and incommunicado detention.
The Penal Code allows authorities to extend sentences arbitrarily after
prisoners have completed their original sentence.
From September 2000 until May, Aung San Suu Kyi was held under
house detention without charge. Although the regime allowed visitors to
meet with her, the visits were controlled.
The regime has released an estimated 550 political prisoners, as
well as another 380 political prisoners on humanitarian grounds, since
talks began with the NLD in October 2000. However, it also arrested
some political activists. In August approximately 20 activists were
arrested for distributing pamphlets. There were reports that at least
some of the 20 students were beaten during interrogation before being
released approximately 10 days after their arrests. Two students
arrested for a protest at Rangoon's city hall were held incommunicado
for several weeks and then sentenced to 14 years in prison for
subversive acts against the state. Family members and the NLD continued
to make inquiries to the SPDC regarding their status but to no avail.
On August 22, two NLD student members were arrested in Rangoon for
possessing an illegal publication. They reportedly were not allowed
adequate legal representation at their trial and were sentenced to 3
years in prison. On September 13, two NLD executive members, U Sai Hpa
and U Saw Nan Ti, were arrested in Kengtung, Shan State, apparently for
discussing the regime's rice quota increase with local citizens. On
October 10, they were scheduled to stand trial but one, Shan State NLD
Vice Chairman U Sai Hpa, died in custody on October 9, reportedly of
cerebral malaria. Tu Saw Nan Ti was sentenced to 7 years in prison. In
September the regime arrested at least 30 political activists in
Rangoon. Among those arrested was, U Hla Tun, an NLD Member of
Parliament (M.P.) elect from the 1990 elections who had not been active
in the NLD since he was released from prison in 1999. As with other
arrests, there was incomplete information on these cases. There was no
official announcement of the arrests and information was only available
from those who witnessed the arrests or from family members who were
notified by authorities of relatives who were arrested.
Prior to being charged, detainees rarely had access to legal
counsel or their families. Even after being charged, detainees rarely
had the benefit of counsel. Political detainees were not released on
bail. Some political detainees were held incommunicado for long
periods.
In September Aung May Thu died in custody while serving the sixth
consecutive extension of his sentence, as permitted under the Penal
Code (see Section 1.a.). At year's end, there were approximately 50
political prisoners serving extended sentences, including Min Ko Naing,
a former political activist and student leader who reportedly was in
deteriorating health (see Section 1.e.). In Mandalay 11 prisoners
sentenced for political reasons, including Zaw Min, Ne Win, U Tin Aye
Yu, U Tin Myint, U Tin Aye, U Khin Maung Thant, U Zarni Aung, U Thein
Than Oo, U Kyaw Sein Maung, U Naing Myint, U Htay Nyunt, and Soe Myint
completed their terms, but were not released.
Since October 2000 when confidence-building talks between Aung San
Suu Kyi and the SPDC began, the SPDC has reduced its campaign of
detention and intimidation against the NLD. In June 2001, the regime
began releasing NLD political prisoners from ``guest houses'' and
prisons. By year's end, the releases totaled approximately 550,
including most NLD detainees and all members of the NLD's Central
Executive Committee (CEC). However, at year's end, according to ICRC,
there were more than 1,300 ``security detainees,'' including
approximately 170 NLD members, still incarcerated, 17 of whom were
elected (NLD) M.P.s. Included among the 1,300 political prisoners were
ethnic leaders, supporters of ethnic opposition groups (some of which
were armed), non-NLD politicians, lawyers, journalists, and students
(see Section 1.e.).
Authorities continued to detain private citizens and political
activists, some of whom disappeared, at times temporarily, at the hands
of security forces (see Section 1.b.).
During the year, the authorities did not detain or deport any
foreign journalists.
The Constitution does not provide for forced exile, and the regime
did not use forced exile.
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, appoints lower court judges with the approval of the
junta. These courts then adjudicate cases under decrees promulgated by
the junta that effectively have the force of law. The court system
includes courts at the township, district, state, and national levels.
During the year, the regime 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
formally were in place, the court system and its operation remained
seriously flawed, particularly in regard to the handling of political
cases. The misuse of overly broad laws--including the Emergency
Provisions Act, 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. Pervasive
corruption further served to undermine the impartiality of the justice
system.
Some basic due process rights, including the right to be
represented by a defense attorney, generally were respected in criminal
cases, but not in political cases that the regime deemed especially
sensitive. In criminal cases, defense attorneys generally were
permitted to call and cross-examine witnesses; however, their primary
purpose was to bargain with the judge to obtain the shortest possible
sentence for their clients. Reliable reports indicated that senior
military authorities dictated verdicts, regardless of the evidence or
the law. In addition, in political cases, trials were not open to the
public. However, during the year, two high profile cases, one involving
Ne Win's grandchildren and the other involving Aung San Oo and Aung San
Su Kyi, were opened to the public. The press attended and reported on
both trials.
In March Professor Salai Tun Than, a 74-year-old academic was
sentenced to 7 years' imprisonment for staging a peaceful protest in
November 2001; the details of his trial, or if he even had a trial,
were not public.
During 2000 the regime initiated an extensive campaign to remove
independent lawyers who were capable of providing advice and counsel to
the NLD. The regime arrested and sentenced under fabricated charges
nearly every lawyer with a perceived connection to the NLD. Cases
included those of U Soe Han, a 77-year-old highly respected and
nonpolitical lawyer, who was arrested with several others and sentenced
to 21 years in prison for sending a letter to Senior General Than Shwe
and Secretary One Khin Nyunt, urging the regime to release political
prisoners and begin a dialog with the NLD. In 2001 the regime
discontinued its campaign against independent lawyers. During the year,
there were no new arrests of lawyers perceived to have NLD connections,
and NLD members appeared to be able to retain the counsel of lawyers
without fear of the lawyers being imprisoned. However, approximately 20
of the more than 40 lawyers jailed in 2000 remained imprisoned at
year's end.
During the year, the regime slowly continued to release NLD members
from prison and also began releasing a small number of student
activists, many of whom had been in prison since 1989-90. The majority
of the releases were of prisoners who had completed or almost completed
their sentences or who were in poor health. Several political
prisoners, who were convicted of crimes against the regime, were
required to sign an agreement accepting to serve the remainder of their
current sentences if they were rearrested for any reason. Prisoners who
were being held in detention, but who had not been convicted of a
crime, were not required to sign an agreement. In addition, political
prisoners who were released shortly after the October 2000 talks
between the regime and Aung San Suu Kyi began, were not required to
sign any pre-condition agreement.
The ICRC reported that as of October there were 1,300 ``security
detainees'' in the country. The AAPP estimated that there were
approximately 1,400 political prisoners. It also found that some
political prisoners remained in custody despite having completed their
sentences (see Section 1.d.). Of the estimated 1,300 political
prisoners, 17 were NLD M.P.s elect from the 1990 elections. Among
prisoners released this year was U Aye Tha Aung, who represented four
large ethnic groups in the Committee Representing the People's
Parliament (CRPP). In August the regime released U Aye Tha Aung, who
was arrested in 2000 and whose health was deteriorating rapidly while
serving three 7-year sentences. He immediately underwent an operation
for a lung tumor. Another prominent political prisoner, U Win Tin, a
noted journalist and writer, arrested in 1989, still was in prison at
year's end. He was 72-years-old and also reportedly was in poor health.
Another high-profile political prisoner was Min Ko Naing, a student
leader whose sentence was extended under the penal law and who
reportedly was in Sittwe Prison and in deteriorating health. Three
political prisoners, Aung May Thu, U Sai Hpa, and Mai Aik Pan, a leader
of the Palaung ethnic group, died while in prison during the year (see
Sections 1.a., 1.c., and 1.d.).
Opposition political parties have attempted to use the courts to
enforce their political rights, thus far without success. In April
2000, the Supreme Court dismissed an appeal by the NLD against the
regime for illegally detaining and libeling M.P.s elect. The Supreme
Court ruled that a case could not proceed against a government
official--in this case the head of military intelligence--if the Head
of State did not grant permission. In September 2000, lawyers for the
NLD began a suit against General Than Shwe and the Chairman of the
Election Commission for failing to fulfill commitments made in regard
to the transition to democracy. In 2001 the suit was dismissed without
a hearing.
In November 2000, the regime allowed Aung San Suu Kyi's brother, a
foreign citizen, to file a suit against her seeking half ownership of
the family compound in which she resided. The case widely was believed
to be motivated politically, because the regime generally did not allow
foreigners to file claims for property against citizens. In fact the
regime had to grant a special authority to the brother for the case to
be filed at all. The trial was public and lasted for several months.
The case eventually was dismissed for having been filed improperly,
however, the regime granted the brother authority to file a second
suit, and in October the judge presiding over the case ruled that Aung
San Suu Kyi's brother had the right to inheritance of the property
under Buddhist customary law. The case continued at year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution does not provide for these rights,
and authorities infringed on citizens' privacy rights. The military
regime interfered extensively and arbitrarily in the lives of citizens.
Through its pervasive intelligence network and administrative
procedures, the regime 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 to maintain
and submit to the police a guest list. There were reports that this
restriction, which appeared to be relaxed somewhat last year, was
enforced strictly this year. At least 30 arrests reportedly occurred
following house-to-house searches.
Telephone service also was controlled tightly. Security personnel
regularly screened private correspondence and telephone calls. The
authorities generally continued to discourage citizens from subscribing
directly to foreign publications (see Section 2.a.). However, in 2001
the regime loosened controls over the use of satellite television that
allowed the general population to register satellite receivers for a
small fee. Previously only a few businesses and individuals with
special connections to the regime were allowed licenses for satellite
receivers.
The regime continued to control closely the licensing and rationing
of all electronic communication devices, which were monitored closely.
Possession of an unregistered telephone, facsimile machine, or computer
modem was punishable by imprisonment (see Section 2.a.). In April 2000,
an Indonesian citizen, Irawan Sidaria, and two local technicians were
arrested under the statute for having installed an Inmarsat satellite
telephone unit at the Asia Plaza Hotel in Rangoon. In August 2000,
Irawan Sidaria was deported to Indonesia. In June 2000, according to
the SHRF, SPDC troops confiscated approximately 30 mobile phones in
Murng-Ton. Although no arrests were reported, troops threatened to
punish citizens severely if they refused to turn over their mobile
phones. In June 2000, Myanmar Posts and Telecommunications also
announced that users of nonregistered cordless telephones in the
country would face up to 3 years' imprisonment, and/or a fine of
approximately $75 (30,000 kyat).
Weak private property rights and poor land ownership records
facilitated involuntary relocations of persons by the regime. 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 also have revived the precolonial
tradition that private rights to land were contingent upon the land
being put to productive use.
For decades successive military regimes have applied a strategy of
forced relocation against ethnic minority groups seeking autonomy in an
effort to deny support to the armed ethnic groups; such forced
relocations continued during the year, particularly along the Thai
border. The forced relocations often were accompanied by alleged rapes,
executions, and demands for forced labor to build infrastructure for
villagers and SPDC units. To make way for commercial or public
construction and, in some cases, for reasons of internal security and
political control, the SPDC forcibly relocated citizens to ``new
towns.'' This practice has become somewhat less common in recent years.
Persons relocated to new towns generally suffered from greatly reduced
infrastructure support. Residents targeted for displacement generally
were given no option but to move, usually on short notice (see Sections
1.c. and 2.d.).
A September report by a highly respected private citizen in
Thailand estimated more than 2,500 villages have been destroyed or
forcibly relocated by SPDC troops since 1996, displacing more than
600,000 citizens. The report estimated that more than 350,000 of these
citizens were moved to SPDC-controlled ``relocation centers,'' while
the remainder lived in hiding. This practice was particularly
widespread in the Shan, Kayah, and Karen States and in areas of Mon
State, and Pegu Division. In these areas, thousands of civilian
villagers were displaced from their traditional villages, which often
were burned to the ground and moved into settlements tightly controlled
by SPDC troops in strategic areas. In other cases, villagers who fled
or were driven from their homes, found shelter in the forest,
frequently in heavily mined areas without adequate food, security, or
basic medical care.
The forced relocations often generated large refugee flows to
neighboring countries or to parts of the country not controlled by the
regime. In some areas, the junta replaced the original ethnic
settlements with settlements of ethnic Burmans. In 2000 in Rakhine
State, the regime forcibly relocated several largely Muslim villages
and resettled the area with Buddhist Burmans, who were forced to move
from Dagon township in Rangoon division. In other areas, army units
forced or attempted to force ethnic Karen to relocate to areas
controlled by the proregime Democratic Karen Buddhist Army (DKBA).
Military units also routinely confiscated livestock, fuel, food
supplies, fishponds, alcoholic drinks, vehicles, or money. Such abuses
have become widespread since 1997, when the junta ordered its regional
commanders to meet their logistical needs locally, rather than rely on
the central authorities. As a result, regional commanders increased
their use of forced contributions of money, food, labor, and building
materials throughout the country (see Sections 1.c. and 6.c.).
In violation of humanitarian law, both army and insurgent units
used forced conscription, including conscription of children (see
Sections 1.g. and 6.c.).
Government employees generally were prohibited from joining or
supporting political parties; however, this proscription was applied
selectively. In the case of the regime's mass mobilization
organization, the Union Solidarity and Development Association (USDA),
the regime used coercion and intimidation to induce many persons,
including nearly all public sector employees, both to join the union
and to attend meetings in support of the regime (see Section 2.a.).
In the past, government officials, including senior officials,
repeatedly made statements warning parents that authorities could hold
them responsible for any political offenses committed by their
children; however, there were no reports of this practice during the
year.
The regime's intelligence services also monitored the movements of
foreigners and questioned citizens about conversations with foreigners.
Government employees generally were required to obtain advance
permission before meeting with foreigners. During the year,
international NGOs officially were required to ensure that a
representative from a government ministry accompanied them on all field
visits (at the NGOs' expense). However, the requirement appeared
impractical and was not enforced fully (see Section 4).
Marriages between female citizens and foreigners officially were
banned; however, the ban was not enforced.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--Since independence in 1948, SPDC troops have
battled a variety of ethnic insurgencies. Ethnic insurgent groups have
sought to gain greater autonomy or, in some cases, independence from
the ethnic Burman-dominated State. Since 1989, 17 groups have concluded
cease-fire agreements with the regime. Under the agreements, the groups
have retained their own armed forces and performed some administrative
functions within specified territories inhabited chiefly by members of
their ethnic groups. However, a few groups remained in active revolt.
The KNU continued to conduct insurgent operations in areas with
significant Karen populations in the eastern and southern regions of
the country. In Kayah State, the KNPP resumed fighting against the
regime since the breakdown of a cease-fire negotiated in 1995.
In May the SHRF and Shan Women's Action Network (SWAN) alleged the
military used rape as a systematic weapon of war against the ethnic
populations in Shan State. The report described 173 incidents of rape
or sexual violence against 625 women and girls committed by soldiers
from 52 military battalions between 1992 and 2001. Given the brutality
of the rapes, (the report stated that 25 percent of the rapes resulted
in death), the incidence of rapes by officers (83 percent), and the
impunity with which they were carried out, the report concluded that
the rapes were condoned by the military regime in order to terrorize
and subjugate the Shan. There were corroborating reports on rapes and
sexual violence, by the military in Shan State and elsewhere, including
first hand accounts from rape victims documented by credible foreign
observers. According to a report by Refugees International, rape of
ethnic women by the SPDC troops similarly was prevalent in Karen, Mon,
and Karenni regions.
The SPDC denied the report and ordered three internal reviews. In
August the junta claimed that no soldiers were involved in the rapes.
In October the regime stated it continued to investigate the
allegations and had found evidence of five cases of rape similar to
those described in the SHRF/SWAN report. The regime stated it provided
copies of its report on the investigations to the international
community and to the U.N. Special Rapporteur, Paulo Sergio Pinheiro.
However, according to Pinheiro, the investigations were undertaken by
military and other SPDC personnel with no special skills or experience
in investigating human rights allegations. The investigations
reportedly consisted of prearranged, large, collective, and public
meetings with local officials, organized by military personnel. There
has been continued international pressure on the regime to allow an
independent assessment of the allegations and to take appropriate
actions to prevent rape and sexual abuses by the military.
In central and southern Shan State, government forces continued to
engage the SSA. The military maintained a program of forced relocation
of villagers in that region to SPDC-controlled sites, that reportedly
was accompanied by killings, rapes, and other abuses of civilian
villagers. According to AI, 90 percent of the civilians from Shan State
whom it interviewed in Thailand in February said they had been
subjected to unpaid forced labor by the military within the last 18
months.
Border disputes with Thailand during the year exacerbated the
plight of civilian populations along the Thailand border (see Sections
2.d and 6.c.).
In January 2001, according to a credible but not independently
confirmed report, in Murng-Nai, military troops beat to death a Palaung
villager, raped his wife, and stole his property. In March 2001,
according to the SHRF, SPDC troops gang-raped a woman in Murng-Ton
township after troops had tortured and killed her uncle. Also according
to the SHRF, in April 2001, SPDC soldiers encountered four villagers
near Naa Ing, Shan State. The soldiers found packets of rice, which
they claimed the villagers were going to give to the SSA. The soldiers
tied up the men and took the woman to a different location, where they
reportedly raped her. They then reportedly required the villagers in
the area to pay a substantial fine for the release of the four persons.
According to Human Rights Watch (HRW), SPDC troops conscripted
children as young as the age of 11, especially orphans and street
children (see Section 5).
Active insurgent groups included the Chin National Front, the Naga
National Council, the Arakan-Rohingya Solidarity Organization (ARNO),
the SSA-South, and the KNU (including its affiliate the Karen National
Liberation Army). Some members of the insurgent groups committed
serious abuses. For example, according to the regime, in December 2001,
the KNPP killed seven villagers who refused to join their ranks in
Loikaw township. The regime also accused the KNU and the SSA of
killings and bombings throughout Shan and Karen States and of
recruiting and using child soldiers. UNICEF, AI, and HRW reported that
both SPDC troops and insurgent groups recruited child soldiers (see
Section 5).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law allows the regime to
restrict freedom of speech and freedom of the press and, in practice
the junta continued to restrict these freedoms severely and
systematically during the year. The regime continued to arrest, detain,
convict, and imprison citizens for expressing political opinions
critical of the junta, and for distributing or possessing publications
in which opposition opinions were expressed (see Sections 1.d. and
1.e.). Security services also monitored and harassed persons believed
to hold such political opinions.
Legal restrictions on freedom of speech have intensified since
1996, when the junta issued a decree prohibiting speeches or statements
that ``undermine national stability.'' In all regions of the country,
the regime 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. The regime has
pursued this policy consistently since 1990, with few exceptions.
There was an unconfirmed report from the Democratic Voice of Burma
that in August 2001, military security personnel arrested a monk for
delivering a sermon criticizing the economic and political conditions
in the country during a ceremony at the Mahamyatmunni Payagyi Pagoda in
Mandalay. The monk, Ashin Pandita, reportedly was derobed and detained
at the police station. No additional information was available at
year's end.
The regime permitted the NLD to resume some public meetings during
the year. In keeping with the confidence-building that has surrounded
the talks between the regime and Aung San Suu Kyi, the NLD moderated
its criticism of the regime in these meetings. The NLD continued to
press for substantive dialog with the regime as quickly as possible,
and has refrained from any direct attacks on the policies or actions of
the regime.
Many prominent writers and journalists remained in prison for
expressing their political views. The Paris-based organization
Reporters Sans Frontieres reported that at least 18 journalists
remained in prison at year's end, including Ohn Kyaing, better known by
his pen name Aung Wint, who wrote articles in favor of democracy and
also was a NLD M.P, elect from Mandalay. He has been in prison since
1990. Government censorship boards prohibited publication or
distribution of works authored by those in prison, although in 2000 the
regime allowed former political prisoners Ma Thida and U Sein Myint
(also known as U Moe Thu), to write several magazine articles following
their release from prison. In 2001 at least one well-known publisher,
Tin Maung Than, departed the country for fear that his activities would
lead to imprisonment.
Between April and June 2000, the junta arrested 11 persons for
distributing antijunta leaflets and allegedly planning attacks on
government buildings. In September 2000, the junta sentenced Chein Poh,
a highly respected, 77-year-old lawyer in Rangoon, for allegedly
distributing foreign publications with antiregime annotations written
on the back. Although the regime presented no credible evidence to
prove the charge, Chein Poh was sentenced to 14 years in prison. Chein
Poh was released from prison early in the year and died approximately 6
months later.
The regime owned and controlled all daily newspapers and 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. The only partial exception was
the Myanmar Times, an expensive English-language weekly newspaper,
targeted at the foreign community in Rangoon, which occasionally
reported on criticisms of regime policies by the U.N. and other
organizations.
All privately owned publications, including the Myanmar Times,
remained subject 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.
However, since 1996 the regime has given transferable waivers of
prepublication censorship for weekly periodicals. As a result, weekly
tabloids proliferated. Regime controls encouraged self-censorship, and
publications generally did not report 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. Cases involving prodemocracy literature, including two
such cases during the year, were punished by imprisonment. The regime
also restricted the legal importation of foreign news periodicals and
discouraged subscriptions to foreign periodicals. However, foreign
newspapers may be purchased in Rangoon. Prior to August 2000, such
foreign newspapers and magazines were censored regularly at the airport
on arrival, but starting in 2001 they were distributed uncensored.
Since 1997 the regime issued few visas to foreign journalists and
has held only a handful of press conferences on political subjects.
Journalists occasionally were blacklisted. In previous years, several
journalists who entered the country as tourists were detained and
deported by the regime. During the year, the regime began holding more
frequent press conferences and invited foreign journalists to the
country, including some who previously were blacklisted. Cable News
Network, the British Broadcasting Corporation (BBC), and other foreign
news organizations filed reports from the country during the year.
However, the regime refused visas to Australian reporters seeking to
cover Australian Foreign Minister Downer's visit to the country in
October.
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.
The junta continued to monopolize and control the content of the two
domestic radio stations. Foreign radio broadcasts, such as those of the
BBC, Voice of America, Radio Free Asia, and the Democratic Voice of
Burma, remained the principal sources of uncensored information.
The regime continued to monopolize and to control tightly all
domestic television broadcasting, offering only a government channel
and an armed forces channel. However, in 2001 the regime loosened
restrictions on the reception of foreign satellite television
broadcasts by allowing new licenses to be purchased. Previously, new
licenses were not available and the operation of an unlicensed
satellite television receiver was a crime punishable by up to 3 years
in prison and or a fine. The Television and Video Law makes it a
criminal offense to publish, distribute, or possess a videotape not
approved by a state censorship board.
The junta systematically restricted access to electronic media. All
computers, software, and associated telecommunications devices were
subject to government registration, and possession of unregistered
equipment was punishable by imprisonment (see Section 1.f.).
The Ministry of Defense operated the country's only known Internet
server and offered expensive, limited Internet services to a small
number of customers. During the year, a cafe that was billed as a
cybercafe opened, but it did not have access to the Internet, only CD-
ROM and other such games.
The regime 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 routinely warned teachers against criticizing the regime. It
also instructed them not to discuss politics while at work; prohibited
them from joining or supporting political parties or from engaging in
political activity; and required them to obtain advance ministerial
approval for meetings with foreigners. Like all government employees,
professors and teachers have been coerced into joining the USDA, the
regime's mass mobilization organization. Teachers at all levels also
continued to be held responsible for the political activities of their
students.
In June and July 2000, the regime reopened the remainder of the
institutions of higher education that were closed in 1996 following
widespread student demonstrations. However, the regime took a number of
special measures to limit the possibility of student unrest. Campuses
were moved to relatively remote areas, teachers and students were
warned that disturbances would be dealt with severely, and on-campus
dormitories were closed, which disrupted university life. There was
evidence that many students chose to continue with self-study because
the quality of education deteriorated to such an extent that many
students opted to stay with self-study or tutoring. The regime tightly
controlled the limited number of private academic institutions in the
country as well as what they were allowed to teach.
b. Freedom of Peaceful Assembly and Association.--The law limits
the freedom of assembly, and the regime restricted it in practice. An
ordinance officially prohibits unauthorized outdoor assemblies of more
than five persons, although the ordinance was not enforced
consistently. The 10 existing political parties also are required to
request permission from the regime to hold meetings of their members;
nevertheless, meetings occurred without regime permission.
The military junta continued its decade-long policy of preventing
the Parliament elected in 1990 from convening. During the year, the
regime loosened its restrictions on the activities of the main
opposition party, the NLD, and allowed 90 of NLD's 300 offices to
reopen (see Section 3).
In May and September 2001, the regime forced the closure of three
Shan National League for Democracy (SNLD) offices in townships near the
capital of Shan State. In September 2001, the regime reportedly told
the SNLD Chairman to disregard the regional authority's directive and
to continue with normal operations.
In previous years, authorities used force to prevent prodemocracy
demonstrations, punish participants and organizers in prodemocracy
demonstrations and meetings, and detained or imprisoned persons
suspected of planning and organizing such demonstrations. During the
year, there were no reports of such practices (see Section 1.c.).
However, authorities did attempt to prevent the public from coming out
to see Aung San Suu Kyi when she traveled to Rakhine State, ostensibly
on the grounds that outdoor political gatherings of any type were
illegal. Organizations affiliated with the SPDC handed out leaflets
that questioned Aung San Suu Kyi's patriotism and discouraged citizens
from showing any support for her. The authorities blocked off streets
and told citizens to stay home. Her party experienced similar, though
less pronounced, harassment on visits to Mon and Shan States during the
year (see Section 2.d.).
The regime at times interfered with the assembly of religious group
members (see Section 2.c.).
The Government restricted freedom of association, particularly in
regard to members of the main opposition political party, the NLD. The
law prohibits more than 5 persons from meeting outdoors without prior
government approval. In the past, while the regime allowed the NLD to
celebrate certain key party events with public gatherings, it
restricted the size of the gatherings and the individuals who were
allowed to attend. For example, in September 2001, the NLD held a
ceremony to commemorate the third anniversary of the CRPP and the
regime responded with Military Intelligence (MI) personnel surrounding
NLD headquarters. In 2000 the regime prevented Aung San Suu Kyi from
traveling to Rangoon to attend party meetings. During the year, the
regime lifted most of these restrictions on NLD activities but, through
mutual agreement, the NLD attempted to avoid large gatherings in order
not to alarm the regime.
Since the initiation of talks between Aung San Suu Kyi and the
junta in October 2000, there have been no reports of coerced
resignations or recall motions. The regime-controlled media ceased its
campaign against the NLD, and the regime loosened some restrictions on
NLD party activity.
In general the right of association existed only for government-
approved organizations, including trade associations and professional
bodies, such as the Forest Reserve Environment Development and
Conservation Association. Few secular, nonprofit organizations existed,
and those that did took special care to act in accordance with
government policy. There were 10 legal political parties but most were
moribund.
c. Freedom of Religion.--The 1974 Constitution permits 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.''
Most religious adherents duly registered with the authorities generally
were free to worship as they chose; however, the regime imposed
restrictions on certain religious activities. In practice the regime
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 regime's pervasive internal security apparatus sought to
infiltrate or monitor meetings and activities of virtually all
organizations, including religious organizations. Religious activities
and organizations also were subject to restrictions on freedom of
expression and association. In addition, the regime controlled and
censored all publications, including religious publications (see
Section 2.a.).
Although a government directive exempts ``genuine'' religious
organizations from registration, in practice only registered
organizations were allowed to buy or sell property or open bank
accounts. In addition, the regime provided some utilities at
preferential rates to recognized religions. There was no official state
religion; however, the regime continued to show preference for
Theravada Buddhism, the majority religion. For example, the regime
funded the construction of the International Theravada Buddhist
Missionary University in Rangoon. State-controlled news media
frequently depicted 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. Buddhist doctrine remained part of the state-mandated
curriculum in all elementary schools; however, individual children
generally were permitted to choose not to receive instruction in
Buddhism. There continued to be widespread reports that regime
officials compelled both Buddhists and non-Buddhists to contribute
money, food, or uncompensated labor to state-sponsored projects to
build, renovate, or maintain Buddhist religious shrines or monuments.
However, there were no known reports of forcing persons to build
pagodas during the year.
The regime has attempted to control the Buddhist clergy
(``sangha''). The regime authorized military commanders to try members
of the sangha before military tribunals for ``activities inconsistent
with and detrimental to Buddhism,'' and imposed on the sangha a code of
conduct that was enforced by criminal penalties. The junta also
subjected the sangha to special restrictions on freedom of expression
and freedom of association (see Section 2.a.). The military junta
prohibited any organization of the sangha other than nine state-
recognized monastic orders under the authority of the State Clergy
Coordination Committee (``Sangha Maha Nayaka Committee,'' SMNC). The
regime prohibited all religious clergy from being members of any
political party.
The regime continued to restrict the building activities,
education, and proselytizing of minority religious groups.
Christian groups continued to have difficulties in obtaining
permission to build new churches. The regime reportedly denied
permission for churches to be built along main roads in cities such as
Myitkina, the capital of Kachin State. In 2001 in Rangoon, authorities
closed more than 80 home-churches because their operators did not have
proper authorizations to hold religious meetings. There were no reports
of authorities closing home-churches this year.
Muslims reported that they essentially were banned from
constructing any new mosques during the year. Early in 2001, local
authorities in Rakhine State scheduled approximately 40 mosques for
destruction because reportedly they were built without permission.
Thirteen mosques were destroyed before the authorities intervened at
the request of the UNHCR. To ensure mosques were not rebuilt, they were
replaced with government owned buildings, monasteries, and Buddhist
temples.
In most regions of the country, Christian and Muslim groups that
sought to build small churches or mosques on side streets or other
inconspicuous locations at times usually were able to proceed, but only
based on informal approval from local authorities. These groups
reported that formal requests encountered long delays and generally
were denied.
The Government discriminated against non-Buddhists at upper levels
of the public sector. Only one non-Buddhist served in the Government at
the ministerial level, and the same person, a Brigadier General, was
the only non-Buddhist known to have held flag rank in the armed forces
since the 1990s. The regime actively discouraged Muslims from entering
military service, and Christian or Muslim military officers who aspired
to promotion beyond the middle ranks were encouraged by their superiors
to convert to Buddhism. In some ethnic minority areas, such as Chin
State, there were reports that SPDC troops offered financial and career
incentives for Burman soldiers to marry Chin women, teach them Burmese,
and convert them to Buddhism.
The regime discourages proselytizing by all clergy. Evangelizing
religions, like Christianity and Islam, are most affected by these
restrictions. In general the regime has not allowed permanent foreign
religious missions to operate in the country since the mid-1960s, when
it expelled nearly all foreign missionaries and nationalized all
private schools and hospitals.
Religious publications, like secular ones, remained subject to
control and censorship (see Section 2.a.). Translations of the Bible
and Koran into indigenous languages could not be imported legally; with
the regime's permission, Bibles in indigenous languages were allowed to
be printed locally.
In the past, there were credible reports that in Karen State's
Pa'an township, SPDC units repeatedly conscripted young men as porters
who were leaving Sunday worship services at some Christian churches,
which caused them to avoid church attendance. Soldiers led by officers
repeatedly disrupted Christian worship services and celebrations. In
2000 local government officials reportedly ordered Christian Chins to
attend sermons by newly arrived Buddhist monks who disparaged
Christianity. In addition, there were reports that Christian Chins were
pressured to attend Buddhist seminaries and monasteries and were
encouraged to convert to Buddhism. Local government officials
reportedly separated the children of Chin Christians from their parents
under the pretense of providing them free secular education, and lodged
the children in Buddhist monasteries in which they were instructed in
and converted to Buddhism without their parents' knowledge or consent.
Reports suggested that the regime sought to induce members of the Naga
ethnic group to convert to Buddhism by means similar to those it used
to convert members of the Chin to Buddhism.
Religious affiliation at times was indicated on government-issued
identification cards that citizens and permanent residents of the
country are required to carry. There appeared to be no consistent
criteria governing whether a person's religion is indicated on his or
her identification card. Citizens also are required to indicate their
religions on some official application forms, such as passports.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The regime restricted freedom of
movement. Most citizens were able to travel within the country,
although their movements were monitored and they were required to
notify local officials of their whereabouts (see Section 1.f.).
Movement was limited in areas of armed conflict. Urban and rural
residents were subjected to relocation.
In past years, the freedom of movement of opposition political
leaders also was curtailed rigorously. Between 1995 and 2000, the junta
allowed NLD general secretary Aung San Suu Kyi to travel outside the
capital only once, on a visit to a monastery, and until May 6, she
remained under house detention. While the Government has relaxed
restrictions on Aung San Suu Kyi, generally allowing her freedom of
movement and association, some restrictions remained. Since her release
from house detention in May, Aung San Suu Kyi has traveled to Mon,
Shan, and Rakhine States, as well as to Mandalay, Magwe, and Irrawaddy
divisions. Although she generally was allowed to meet with
international visitors, including the foreign ministers of Japan and
Australia, the Government did not allow either Malaysia's Prime
Minister Mahathir or the Malaysian Foreign Minister to call on her when
they visited in August. Aung San Suu Kyi and her party also were
harassed by government-affiliated groups on some of her visits to
various regions of the country (see Section 2.b.). During the year, the
regime loosened travel restrictions on all NLD members including the
most senior members. NLD M.P.'s elect who were released from prison
were able to travel between their electoral districts and Rangoon to
coordinate with NLD leaders.
During the year, the regime reportedly implemented policies to
consolidate the border with Bangladesh and to further control the
movement of Muslim Rohingyas in Rakhine State (see Section 6.c).
The regime refused to accept Burmese deportees from other
countries, but accepted the return of approximately 4,000 illegal
migrants from Thailand. The regime allegedly refused to document
Burmese seafarers who were stranded abroad due to the sinking of their
ship or bankruptcy of the ship owners.
The regime also carefully scrutinized prospective travel abroad.
Such control facilitated rampant corruption, as many applicants were
forced to pay large bribes. Bribes for passports were sometimes as high
as $3,000 (approximately 3.6 million kyat), the equivalent of more than
10 years' salary for the average citizen. The official board that
reviews passport applications has denied passports on political
grounds. All college graduates who obtained a passport (except for
certain government employees) were required to pay a special fee to
reimburse the regime for the cost of their education. Citizens who
emigrated legally generally were allowed to return to visit relatives,
and some who lived abroad illegally and acquired foreign citizenship
also were able to return.
Residents unable to meet the provisions of the citizenship law,
such as ethnic Chinese, Arakanese, Muslims, and others, must obtain
prior permission to travel internally. Since the mid-1990s, the
Government also has restricted the issuance of passports to female
citizens (see Sections 5 and 6.f.).
The regime prohibited foreign diplomats and foreign employees of
U.N. agencies based in Rangoon from traveling outside the capital
without advance permission. All residents, foreign and local, were
required to apply for authorization to leave the country.
Restrictions on foreign travelers to the country were eased as part
of an effort to promote tourism. Burmese embassies now generally issue
tourist visas, valid for 1 month, within 24 hours of application.
However, certain categories of applicants, such as foreign human rights
advocates, journalists, and political figures were denied entry visas
regularly unless traveling under the aegis of a sponsor acceptable to
the regime and for purposes approved by the Government.
There was a large number of internally displaced persons (IDPs) in
the country. NGOs based in Thailand estimated that the regime moved
forcibly more than 250,000 citizens from their villages and districts
to live near or along the Thai border (see Section 5). These NGO
estimated that more than 350,000 IDPs resided in SPDC relocation sites.
During the year, the military continued to abuse thousands of
villagers and drove them from their homes, including during the course
of military campaigns in Karen, Kayah, and Shan States (see Section
1.f.). In January AI reported that a 75-year-old Shan man said that he
and his family fled to Thailand after SPDC troops and United Wa State
Army (UWSA) troops confiscated all their land, arrested villagers,
looted homes, raped numerous women, and drove them out of their
village. He reported that between 500 to 600 UWSA troops occupied the
area, and that he received no compensation for the loss of his
woodlands, orchards, or fields.
Ethnic minority areas previously affected by conflict, 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. ``Informal taxes'', or bribes, were extracted from all
nationalities at checkpoints in border areas. In Rakhine State, many
controls and checkpoints applied only to the Muslim population (see
Section 5).
Harassment, fear of repression, and deteriorating socio-economic
conditions continued to force many citizens into neighboring countries
and beyond. In the border regions populated by minority ethnic groups,
the regime continued its policies of forced labor, confiscation of
lands, compulsory contributions of food, and forced relocations. These
policies produced thousands of refugees in neighboring countries such
as Thailand, China, and India. One report from Kachin State alleged
that in May 2001, 3,000 Naga villagers fled the country into
northeastern India when SPDC troops launched an offensive against Naga
separatists. The security forces reportedly burned villages and laid
landmines to discourage villagers from returning. Harsh conditions in
Shan State compelled an exodus to Thailand, with unconfirmed estimates
that approximately 10,000 Shan citizens may have relocated there during
the year (see Section 1.f.). There were approximately 150,000 persons
in refugee camps on the country's borders. Of these at least 135,000
Karen, Mon, and Karenni resided in refugee camps in Thailand. In
addition, there were tens of thousands of Shan refugees in Thailand not
living in camps. On the country's western border, 22,000 Rohingya
Muslims remained in refugee camps in Bangladesh (see Section 5). More
than 100,000 Rohingyas lived outside the refugee camps in Rakhine State
with no formal documentation as refugees. In addition, Rohingyas who
have returned to Rakhine State claimed that they faced government
restrictions on their ability to travel and to engage in economic
activity.
The regime did not allow refugees or displaced persons from abroad
to resettle or seek safe haven in the country and has not formulated a
policy regarding refugees, asylum, or first asylum. There were no
reports that persons formally sought asylum in the country during the
year. There were no reports of forced repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens did not have the right to change their government. The
junta continued to prevent the Parliament elected in 1990 from
convening.
Since 1962 active duty military officers have occupied most
important positions in both the central government and in local
governments. Since 1988 a military junta has held all state power. All
members of the regime have been military officers on active duty, and
the junta has placed military or retired military officers in most key
senior-level positions in all ministries. At year's end, active duty or
retired military officers occupied 37 of the 39 ministerial-level
positions.
Following the NLD's victory in the 1990 elections, the military
junta refused to implement the election results and disqualified,
detained, or imprisoned many successful candidates (see Sections 1.d.
and 1.e.). Many other M.P.s elect fled the country. Following an
aborted effort from 1993-96 to draft a new constitution assigning the
military the dominant role in the country political structure, the
military junta continued its systematic use of coercion and
intimidation to deny citizens the right to change their government.
In September 1998, the NLD leadership organized a CRPP on the basis
of written delegations of authority from a majority of the surviving
members elect of the 1990 Parliament, in view of the junta's refusal to
allow the entire Parliament to convene. The committee was empowered to
act on behalf of the Parliament until the Parliament was convened. In
retaliation the junta launched a sustained and systematic campaign to
destroy the NLD without formally banning it; the authorities pressured
many thousands of NLD members and local officials to resign and closed
party offices throughout the country. Military intelligence officials
also detained more than 200 members elect of Parliament in 1998. At
year's end, a total of 19 M.P.s elect remained in prison. According to
AAPP, two of these M.P.s elect have been in prison since 1990 (see
Section 1.d.).
In October 1999, the Multiparty Democracy General Election
Commission announced, that of 392 NLD members elected to Parliament in
1990, only 92 remained both NLD members and M.P.s elect. It claimed
that 105 had resigned their parliamentary status, 139 had been
disqualified by the commission, 27 had resigned from the NLD, and 31
had died. In contrast, in September 2000, the CRPP claimed to enjoy the
support of 433 of the 485 members elect of Parliament.
Late in 2000, with encouragement from the U.N. Special Envoy Razali
Ismail, the regime initiated talks with Aung San Suu Kyi that produced
some relaxation in the restrictions on the NLD. In subsequent years,
the NLD was able to resume some normal party activities. Press attacks
on the NLD and Aung San Suu Kyi also ceased. However, since 2000, the
regime has not opened a substantive dialog with the NLD and still held
more than a 1,000 political prisoners at year's end.
Women were excluded from military leadership. There were no female
members of the regime, ministers, or Supreme Court judges.
Members of certain minority groups also were 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 did not allow domestic human rights organizations to
function independently, and it remained generally hostile to outside
scrutiny of its human rights record.
The regime's restriction on travel by foreign journalists, NGO
staff, U.N. agency staff, and diplomats; its monitoring of the
movements of such foreigners; its frequent interrogation of citizens
concerning 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
regarding human rights abuses. 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.
There were approximately 25 nonpolitical, international
humanitarian NGOs working in the country. A few others have established
a provisional presence while undertaking the protracted negotiations
necessary to establish permanent operations in the country. Beginning
in 2001, international NGOs sometimes were required to have a
government ministry representative accompany them on all field visits,
at the NGOs expense (see Section 1.f.).
The regime permitted the U.N. Special Rapporteur, Paulo Sergio
Pinheiro, to visit the country three times during the year. In his
reports, Pinheiro cited instances of positive change and pledged to
work with the regime, the opposition, members of civil society, and the
international community to promote human rights in the country. He also
cited problems, including the denial of fundamental freedoms of
assembly, association, expression, and movement, and encouraged the
regime to correct these deficiencies. He also called for the release of
all political detainees. In addition, he cited ``the gross violations
of human rights of civilians'' living in areas of conflict in eastern
Karen and Kayah States, southern Shan State, northern Sagaing division,
Rakhine, and Chin States.
In 2001 the regime announced the creation of a Human Rights
Committee, chaired by the Minister of Home Affairs and including the
Chief of Police as one of the members. Several human rights workshops
that targeted abuses and were sponsored by the Australian government
were held in Rangoon.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
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,
appeared to be relatively infrequent, although there was little data
available. The regime did not release statistics regarding spousal
abuse or domestic violence. Married couples often lived in households
with extended families, where social pressure tended to protect the
wife from abuse.
Rape is illegal; however, spousal rape is not a crime unless the
wife is under 12 years of age. The regime stated that rape was not
common in populous urban areas but occurred more often in remote areas.
The Government did not release statistics regarding rape.
Prostitution is prohibited by law and punishable by 3 years in
prison; however, it was becoming an increasing problem, particularly in
some of Rangoon's ``border towns'' and ``new towns,'' which were
populated chiefly by poor families that were relocated forcibly from
older areas of the capital. There were credible reports that a large
number of female prostitutes were imprisoned and often subjected to
abuse while incarcerated. One estimate put the number of women detained
for prostitution at 400 at any given time in Mandalay prison alone.
There were no laws against sexual harassment.
In general women traditionally enjoyed a high social and economic
status and exercised most of the same basic rights as men. Consistent
with traditional culture, women kept their names after marriage and
often controlled family finances. 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. Poverty, which was widespread in rural
areas, affected women disproportionately. Women did not receive equal
pay for equal work on a consistent basis. Women legally were entitled
to receive up to 26 weeks of maternity benefits; however, in practice
these benefits often were not accorded them.
There were no independent women's rights organizations. The
National Committee for Women's Affairs in the Ministry of Social
Welfare was responsible for safeguarding women's interests. The
Government and at least one international NGO operated schools and
other rehabilitation programs for former prostitutes. 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, provided
loans to women starting new businesses.
Children.--The regime continued to allocate minimal resources to
public education. According to the latest available statistics,
government expenditures for all civilian education were equivalent to
less than 1 percent of gross domestic product (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, 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 year, largely due to rising
formal and informal school fees as the junta diverted expenditures from
health and education to the armed forces. On average teacher's pay was
equal only to approximately $7.00 (10,000 kyats) a month, far below
subsistence wages and has forced many teachers to quit teaching out of
economic necessity. Only relatively prosperous families were able to
afford to send their children to school, even at the primary level. In
ethnic minority areas, the regime often banned teaching in local
languages. In some areas where few families were able to afford
unofficial payments to teachers, teachers generally no longer came to
work and schools no longer functioned. In response to government
neglect, private institutions began to provide assistance in education,
despite an official monopoly on education.
Children also suffered greatly from the junta's severe and
worsening neglect of health care. The junta cut government expenditures
on public health care even more sharply than it cut spending for
education. Government expenditures for civilian health care in 1998-99
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 only 1 out
of 20 births in rural areas was attended by a doctor. Those same
studies indicated that, among children under 3 years of age, 37 percent
were malnourished, and 13 percent were malnourished severely. The World
Health Organization considered the country's health care system to be
extremely poor.
Child abuse is prohibited by law. The Government stated that child
abuse was not a significant problem; however, the regime did not
release supporting statistics.
Child prostitution and trafficking in girls for the purpose of
prostitution--especially Shan girls who were sent or lured to
Thailand--continued to be a major problem (see Section 6.f.).
The official age of enlistment in the ostensibly all-volunteer army
is 18 years. However, the authorities reportedly rounded up orphans and
street children in Rangoon and other cities and forced them into
military service. An October HRW report entitled My Gun Was As Tall As
Me, alleged widespread forced conscription of children into the SPDC
army, and, to a lesser extent, into armed groups fighting against the
regime (see Section 6.c.).
Several international NGOs and agencies promoted the rights of
children in the country, including World Vision, Save the Children UK,
CARE, UNICEF, UNDP, and foreign governments.
Persons with Disabilities.--In principle official assistance to
persons with disabilities 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 was limited severely. There
was no law mandating accessibility to buildings, public transportation,
or government facilities. While there were several small-scale
organizations to assist persons with disabilities, most must rely on
their families to provide for their welfare. Military veterans with
disabilities received available benefits on a priority basis. Because
of landmine detonations, there were a large number of amputees in the
country.
National/Racial/Ethnic Minorities.--Wide-ranging governmental and
societal discrimination against minorities persisted. 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 active conflict that resulted in
serious abuses during the year. These abuses included reported
killings, beatings, torture, forced labor, forced relocations, and
rapes of Chin, Karen, Karenni, and Shan by SPDC soldiers and the armed
ethnic groups (see Sections 1.a., 1.c., 1.f., and 1.g.).
The Government continued to discriminate systematically against
non-Burmans. Because the regime reserved secondary state schools for
citizens, Rohingya Muslims did not have access to state run schools
beyond primary education and were ineligible for most civil service
positions.
There were reports that forced labor of Muslims occurred in Rakhine
State (see Section 6.c.)
Since only persons who were able to prove long familial links to
the country were accorded full citizenship, nonindigenous ethnic
populations (such as Chinese, Indians, and Rohingya Muslims) were
denied full citizenship and were excluded from government positions.
Members of the Rohingya Muslim minority in Rakhine State, on the
country's western coast, continued to experience severe legal,
economic, and social discrimination. The Government denied citizenship
status to most Rohingyas on the grounds that their ancestors did not
reside in the country at the start of British colonial rule in 1824, as
required by the country's highly restrictive citizenship law. Persons
without full citizenship faced restrictions in domestic travel (see
Section 2.d.). They also were barred from certain advanced university
programs in medicine and technological fields.
Ethnic minority groups generally used their own languages. However,
throughout all parts of the country controlled by the regime, including
ethnic minority areas, Burmese remained the language of instruction in
state schools. Even in ethnic minority areas, most primary and
secondary state schools did not offer instruction in the local ethnic
minority language. There were very few domestic publications in
indigenous minority languages.
There were reports that the junta resettled groups of Burmans in
various ethnic minority areas (see Section 1.f.). There were ethnic
tensions between Burmans and nonindigenous ethnic populations,
including Indians, many of whom were Muslims, and a rapidly growing
population of Chinese, most of whom immigrated from Yunnan Province and
increasingly dominated the economy of the northern part of the country.
Both groups tended to be more commercially oriented and hence more
prosperous and economically powerful than Burmans.
Section 6. Worker Rights
a. The Right of Association.--The 1926 Trade Unions Act, which
remained in effect, permits workers to form trade unions only with the
prior consent of the Government; however, no free trade unions existed
in the country, and the junta dissolved even the Government-controlled
union that existed before 1988.
In June 2001, the Committee on the Application of Convention and
Recommendations of the International Labor Conference once again
expressed profound regret regarding the persistence of serious
discrepancies between the law and practice with respect to freedom of
association. The committee criticized the regime for not implementing
the provisions of the ILO Convention 87 on Freedom of Association and
Protection of the Right to Organize, which the Government ratified in
1955. In 2001 a government representative testified to the committee
that the Trade Unions Law was being revised, but that he could not
provide the draft text at that time.
The International Confederation of Free Trade Unions (ICFTU)
reported that in August, army troops killed an official of the Free
Trade Union of Burma (the Kawthoolei Education Workers Union). U Saw
Mya Than, a village headman who was widely known for his trade union
activities, forcibly was recruited as a porter by the army and then
killed in retaliation for an attack by opposition forces.
No unions in the country were affiliated internationally. The
Government forbade seafarers who found work on foreign vessels through
the Seafarers Employment Control Division from contacts with the
International Transport Workers' Federation and the regime often
refused to document seafarers who were stranded abroad (see Section
2.d.).
b. The Right to Organize and Bargain Collectively.--Workers did not
have the right to organize and bargain collectively. The Government's
Central Arbitration Board, which once provided a means for settling
major labor disputes, has been dormant since 1988. Township-level labor
supervisory committees existed to address minor labor concerns.
The regime unilaterally set wages in the public sector. In the
private sector, market forces generally set wages. However, the regime
has pressured joint ventures not to pay salaries greater than those of
ministers or other senior government employees. Some joint ventures
circumvented this with supplemental pay or special incentive systems.
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.
According to the law, workers generally are prohibited from
striking, although a small number of workers purportedly are accorded
the right to strike. The last reported strike was in 2000, when an
employer retracted a promise to pay piece rates. Subsequently 30
employees were detained, many for up to 3 months. All employees lost
their jobs.
There were no export processing zones (EPZs). However, there were
special military-owned industrial parks, such as Pyin-Ma-Bin, near
Rangoon, which attracted foreign investors. Another example was the
2,000-acre Hlaingthaya Industrial Zone in Rangoon; at least four
companies were known to operate on its premises (see Section 6.c.).
c. Prohibition of Forced or Bonded Labor.--Forced or bonded labor
remained a widespread and serious problem. Although the Penal Code
provides for the punishment of persons who imposed forced labor on
others, there were no known cases of the application of this provision.
Throughout the country, international observers verified that the
regime routinely forced citizens to work on construction and
maintenance projects. The law does not specifically prohibit forced and
bonded labor by children, and forced labor by children was also a
serious problem.
In 2000 the ILO determined that the regime had not taken effective
action to deal with the ``widespread and systematic'' use of forced
labor in the country and, for the first time in its history, called on
all ILO members to review their relations with the regime and to take
appropriate measures to ensure that the regime would not be able to
take advantage of such relations to perpetuate or extend the system of
forced labor. Initially the regime rejected the ILO's actions and
statements; however, during the year, it began to work with the ILO by
allowing visits and a liaison office to be opened in the country. In
February an ILO team visited the country and an agreement was reached
to establish a permanent ILO office in Rangoon to assist in dealing
with continued problems of forced labor. In August the ILO began field
visits to sites along the Thai border which were identified by AI and
other organizations as ``hot spots'' for forced labor and SPDC abuse of
ethnic populations. In 2001 when the regime allowed an ILO high-level
team to visit the country to assess the situation, the team concluded
that the regime had made ``an obvious, but uneven'' effort to curtail
the use of forced labor, and that forced labor persisted, particularly
in areas where the regime was waging active military campaigns.
Human rights groups and the ILO continued to receive allegations of
forced labor from around the country, including Rangoon division,
Rakhine State, and areas along the Thai border. In an October report,
the ICFTU reported that the military continued to use forced labor on a
massive scale. The ICFTU report echoed allegations contained in a July
report by AI, Myanmar: Lack of security in counter-insurgency areas,
which contained a number of specific allegations of human rights abuses
by the armed forces, including forced labor. The AI allegations related
primarily to areas of Shan, Karen, and Mon States, and Tenassarim
division.
The ICFTU reported that women, children (including orphans and
street children), and elderly persons were required to perform forced
labor; that porters often were sent into dangerous military situations,
rarely received medical treatment, and almost never were compensated;
that forced laborers frequently were beaten; and that some women
performing forced labor were raped or otherwise abused sexually by
soldiers. The ICFTU reported several cases of the military pressuring
civilians to conceal the incidence and extent of forced labor from the
ILO investigation team during the year. Government authorities often
allowed households or persons to substitute money or food for labor for
infrastructure projects, but widespread rural poverty forced most
households to contribute labor. Parents routinely called upon children
to help fulfill their households' forced labor obligations (see Section
6.d.). According to SHRF, in June 2001, SPDC troops forcibly
conscripted 250 civilian porters, including 108 women and children,
many of whom were between the ages of 8 and 16 years. Some children
were forced to carry 6 cans of milk and some were forced to carry 10
mortar rounds each. Many of the children were kicked and beaten when
they could not move fast enough.
According to an HRW report, Crackdown on Burmese Muslims, there was
increased repression of Muslims and increased use of forced labor in
Rakhine State. According to Forum Asia, the establishment of new
``Model Villages'' resulted in a higher demand for forced labor and
land confiscation. However, other credible reports suggested that
forced labor in Rakhine State had declined overall; however, army
demands for forced labor reportedly continued to occur in selected
townships, as did demands for porterage and other army services. There
also were reports of further control on the activities and movements of
Rohingyas in Rakhine State (see Section 2.d.).
There were no accurate estimates of the number of citizens forced
to provide labor each year but the practice was common. The regime has
taken some limited measures toward eliminating the practice; however,
the measures did not appear to have reduced significantly the use of
forced labor, especially by the military. The regime has established a
committee to implement measures against forced labor and has allowed
the ILO to open an office in Rangoon and to travel throughout the
country. The implementation committee, however, has not identified or
prosecuted any instances of forced labor and did not appear to have the
authority to intervene in allegations of military use of forced labor.
The committee has not implemented adequate mechanisms for the
reporting, investigation, and prosecution of incidents of forced labor.
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 was not enforced. Child
labor has become increasingly prevalent and visible. Working children
were highly visible in cities, mostly working for small or family
enterprises. In the countryside, children worked in family agricultural
activities. Children working in the urban informal sector in Rangoon
and Mandalay often began work at young ages. In the urban informal
sector, child workers were found mostly in food processing, street
vending, refuse collecting, light manufacturing, and as tea shop
attendants. According to government statistics, 6 percent of urban
children worked, but only 4 percent of working children earned wages;
many were employed in family enterprises.
The law does not specifically prohibit bonded labor by children;
while bonded labor was not practiced, forced labor by children occurred
(see Section 6.c.). The authorities reportedly rounded up orphans and
street children in Rangoon and other cities and forced them into
military service. Children also were forced to serve as porters in
combat areas, during which beatings and other mistreatment reportedly
occurred (see Section 6.f.).
The Department of Social Welfare provides support and schooling for
a small number of children (approximately 3,000) who were orphaned or
in some other way estranged from their families.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
The military regime reportedly used children as porters, in
infrastructure development, and in providing other services to military
forces. Children often built or repaired roads and irrigation
facilities. Households reportedly satisfied forced labor quotas by
sending their least productive workers (usually children). In recent
years, there have been reports that military units in various ethnic
minority areas either forced children to perform support services, such
as fetching water, cleaning, cutting bamboo, or cultivating food crops,
or allowed households or villages to use children to satisfy SPDC
orders to perform such services (see Sections 5 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 daily wage for salaried public employees was
$0.10 (100 kyats) for what was in effect a 6 hour workday. Various
subsidies and allowances supplemented this sum. Neither the minimum
wage nor the higher wages earned even by senior government officials
provided 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 approximately
$0.20 (200 kyat) per day, while rural agricultural workers earned
approximately half that rate. Some private sector workers earned
substantially more; a skilled factory worker earned approximately $4.00
(4,800 kyat) per day.
Surplus labor conditions, a poor economy, and lack of protection by
the regime continued to dictate substandard conditions for workers. The
1964 Law on Fundamental Workers Rights and the 1951 Factories Act
regulate working conditions. There are legally prescribed 5 day, 35-
hour workweek for employees in the public sector and a 6 day, 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 were permitted 21 paid holidays per year. However, in
practice such provisions benefited 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 existed, but in practice the
regime did not make the necessary resources available to enforce the
regulations. Although workers may in principle remove themselves from
hazardous conditions, in practice many workers could not expect to
retain their jobs if they did so.
f. Trafficking in Persons.--Trafficking in women and children was a
serious problem during the year. There reportedly was widespread
complicity among local regime officials in trafficking in persons.
The law does not prohibit trafficking in persons and there were
reports that persons were trafficked from and within the country. There
are laws which are used against traffickers such as the Penal Code
which prohibits kidnaping; the Suppression of Prostitution Act; and the
Child Law, which includes provisions against the sale, abuse, or
exploitation of children. According to the regime, traffickers have
received sentences of between 3 and 14 years for trafficking in
persons. According to the regime's figures, investigations have
resulted in jail sentences being handed out in approximately 90 cases.
Between 1999 and June, the Myanmar National Committee on Women's
Affairs and other NGOs held more than 10,000 village-level seminars to
educate families regarding the dangers of trafficking. In Mon State,
eastern Shan State, and Kayin State, these seminars were carried out in
cooperation with the U.N. Inter-Agency Project on Trafficking in Women
and Children in the Mekong Sub-region (UN-IAP). In two reports during
the year, the regime highlighted the prevention, repatriation, and
prosecution actions taken under a newly formed Working Committee for
the Prevention of Trafficking in Persons, chaired by the Minister of
Home Affairs. While there were still many weaknesses in the program,
the regime has made progress, particularly in the area of prevention
and prosecution, and to a lesser extent, repatriation. Regime officials
recognized the need for continuing engagement on preventing trafficking
and the prosecution of traffickers. Although the regime was active on
these fronts, its effectiveness still was unclear by year's end. In
addition, the regime reported that it was in the process of gathering
data on the incidence of trafficking and expanding cooperation with
international and local NGOs. However, during the year, the regime did
not cooperate with neighboring countries, most significantly Thailand,
on trafficking in persons.
Trafficking of women and girls to Thailand and other countries,
including China, India, Bangladesh, Taiwan, Pakistan, Malaysia,
Singapore, Japan, and countries in the Middle East, for sexual
exploitation, factory labor, and as household servants was a problem.
Shan women and girls were trafficked across the border from the north;
Karen and Mon women and girls were trafficked from the south. There was
evidence that internal trafficking generally occurred from poor
agricultural and urban groups to areas where commercial sex work
flourished (trucking routes, mining areas, and military bases) as well
as along the borders with Thailand, China, and India. Men and boys also
reportedly were trafficked to other countries for sexual exploitation
and labor, but this appeared to be a small percentage of overall
trafficking. While most observers believed that the number of these
victims was at least several thousand per year, there were no reliable
estimates of the total number.
While laws exist against child prostitution and child pornography,
they were not enforced well. Reports from Thailand indicated that the
rising incidence of HIV infection there increased the demand for
supposedly ``safer,'' younger prostitutes, many of whom came from
Burma. Trafficking in persons within the country appeared to be a
growing problem; however there were no reliable statistics regarding
its extent. The regime has begun to help locate families of freed child
trafficking victims and to assist in their repatriation from Thailand.
In recent years, the regime 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 (see Sections 1.f. and 2.d.). In
addition, there are regulations forbidding girls under the age of 25
from crossing the border unless accompanied by a guardian. However,
most citizens who were forced or lured into prostitution crossed the
border into Thailand without passports.
Corruption among local government officials was widespread and
included complicity in the trafficking of persons. The regime's efforts
to stop international and internal sex and exploitative trafficking
were limited given the magnitude of the problem.
A number of NGOs offered poverty alleviation and education programs
designed to counter trafficking. Reportedly these programs have been
moderately successful.
While the Government has made limited progress on trafficking in
persons during the year, baseline information on the extent to which
trafficking occurs and the success of the Government's activities is
not available. The Government's pervasive security controls,
restrictions on the free flow of information, and lack of transparency
prevent a meaningful assessment of trafficking in persons activities in
the country. For example, while experts agree that human trafficking
from the country was substantial, no organization, including the
Government, was able or willing to estimate the number of trafficking
victims.
__________
CAMBODIA
Cambodia is a constitutional monarchy. 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 is President of the Senate. King Norodom
Sihanouk is the constitutional monarch and Head of State. Most power
lies within the executive branch and, although its influence continues
to grow within the coalition structure, the National Assembly does not
provide a significant check to executive power. The Khmer Rouge no
longer is a political or military threat. The judiciary was not
independent; it frequently was subject to legislative and executive
influence, and suffered from corruption.
The National Police, an agency of the Ministry of Interior, has
primary responsibility for internal security, but the Royal Cambodian
Armed Forces (RCAF), including the military police, also have domestic
security responsibilities. Security forces nominally are under the
control of civilian authorities, but in practice answer to persons
within the CPP. The responsiveness of local police and military
commanders to civilian authorities varies by location. Members of the
security forces committed many documented human rights abuses.
The country has a market economy in which approximately 80 percent
of the population of 12.5 million persons engage in subsistence
farming, with rice as the principal crop. Economic deprivation and poor
health characterized life for most citizens. Annual per capita gross
domestic product (GDP) was $257. Average life expectancy is
approximately 50 years. Foreign aid was an important component of
national income. The economy grew at an estimated real rate of 6.3
percent during the year. The country has a thriving garment export
industry, but has difficulty attracting foreign investment and
mobilizing domestic savings to support economic development.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained. The
military forces and police were responsible for both political and
nonpolitical killings. There were politically motivated killings by
nonsecurity force persons as well. Police participated in or failed to
stop lethal mob violence by citizens against criminal suspects. The
Government rarely investigated or prosecuted suspects in such killings,
and impunity remained a problem. 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. National and local government
officials often lacked the political will and financial resources to
act effectively against members of the security forces suspected of
human rights abuses. Through September 20, landmines killed 102 persons
and injured 521 persons. Democratic institutions, especially the
judiciary, remained weak. The judiciary was subject to influence and
interference by the executive branch and was marred by inefficiency and
corruption. Politically related crimes rarely were prosecuted. Citizens
often appeared without defense counsel and thereby effectively were
denied the right to a fair trial. During the year, the Supreme Council
of Magistracy disciplined judicial officials for misconduct but did not
impose harsh penalties. In August 2001, a law was passed that
established a special tribunal to bring Khmer Rouge leaders to justice
for genocide and war crimes committed from 1975 through 1979. The
Government largely controlled and influenced the content of the
electronic broadcast media, especially television. The authorities
sometimes attempted to interfere with freedom of assembly. Levels of
campaign related violence and intimidation during the February local
elections were similar to those in the 1998 national election. The
Government inconsistently took action against some perpetrators of
campaign violence. Societal discrimination against women remained a
problem. Domestic violence against women and abuse of children were
common. Discrimination against persons with disabilities was a problem.
The ethnic Vietnamese minority continued to face widespread
discrimination. There were frequent land disputes, and the Government
and courts did not consistently resolve them in a just manner. Although
the number of trade unions grew and became more active, antiunion
activity also continued. The Government continued to express support
for freedom of association, but in practice it did not enforce freedom
of association provisions of the Labor Law. Other provisions of the
Labor Law also were not enforced effectively. Bonded and forced child
labor continued to be a problem in the informal sector of the economy,
especially in the commercial sex industry. Domestic and cross-border
trafficking in women and children, including for the purpose of
prostitution, was a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Allegations of
politically motivated killings continued before and after the February
8 commune level elections. The U.N. High Commission for Human Rights
(UNHCHR) reported that prior to the election, 22 political activists (5
in 2000, 12 in 2001, and 5 this year), including candidates and family
members, were killed in 20 separate incidents under suspicious
circumstances. Human rights monitoring groups agreed that at least
seven of these cases were motivated politically. All of those killed,
with the exception of one CPP candidate, were members of the FUNCINPEC
Party or the opposition Sam Rainsy Party (SRP). Of these 20 cases prior
to the election, the Government made arrests in 14 cases and
convictions in 11 cases. UNHCHR reported that following the election,
nine additional FUNCINPEC and SRP political activists were killed under
suspicious circumstances in eight separate cases. Arrests were made in
four of these cases and the accused remained in pretrial detention at
year's end. UNHCHR reported that there were serious shortcomings in the
police investigations.
In some cases, the authorities failed to execute summonses or
search warrants against suspects believed to be protected by the
military. Government officials also declared the crimes were not
motivated politically before investigations were completed. The
investigation of some cases proceeded very slowly. On February 1, a
Battambang provincial court sentenced seven persons, including one in
absentia, to 15-year prison terms for the November 2001 killing of a
SRP candidate. On May 2, a Kampong Cham provincial court sentenced a
former militia chief to an 8 year prison term and 2 members of the
military, in absentia, to 18 year terms for the November 14 killings of
an SRP activist and a FUNCINPEC activist. On July 15, a Svay Rieng
provincial court sentenced one policeman and two civilians to 18 years'
and 5 years' imprisonment respectively for the January 5 killing of an
SRP candidate. On September 7, the press reported three uniformed men
shot and killed a SRP activist in Kompong Cham Province. There was no
consensus on whether the killing was motivated politically. At year's
end, no one had been held accountable. There were numerous allegations
of beatings of prisoners in police custody, including one case in Prey
Veng Province in July 2001 in which a prisoner died. The Government has
not arrested or prosecuted anyone in connection with the killing of
three persons by soldiers in Kratie Province in May 2000. Human rights
organizations continued to investigate these killings.
On June 6, the UNHCHR issued a report that documented 65 cases of
mob assaults and killings from mid-1999 through May of this year. Mob
attacks rose to an average of two per month through May, compared to
one per month for the second half of 2001. The UNHCHR reported that for
the first time police showed a willingness to intervene in such cases.
In March a crowd dragged two men away from police custody and beat them
to death. At year's end, no one had been held accountable. Also in
March, police intervened to save the life of a Phnom Penh student who
was beaten severely by a crowd that had been told he was a thief. On
May 6, police intervention saved two men from a mob attack who had been
accused of stealing a motorbike. On September 16, a Phnom Penh
Municipal Court convicted seven persons, including five in absentia,
for the December 2001 beating to death of two teenagers wrongly accused
of theft. The five who were sentenced in absentia have appealed the
verdict but still had not been arrested by year's end. Government
prosecutions of those responsible for mob violence were rare.
According to the Cambodian Red Cross, through September 20, 102
persons were killed and 521 persons were injured by landmines deployed
by the Khmer Rouge or various government forces during previous
conflicts. The number of casualties was similar to those in 2001, but
substantially lower than in previous years.
Former Khmer Rouge officials Ta Mok and Kang Kek Iev (``Duch''),
who were accused of mass killings and other crimes between 1975 and
1979, remained in jail. Government efforts to bring senior Khmer Rouge
officials to justice continued. In August 2001, a law was passed to
establish a special tribunal to prosecute Khmer Rouge leaders who
committed human rights abuses between 1975 and 1979 (see Section 1.e.).
On September 4, the Supreme Court upheld a 1999 Appeals Court
conviction of former Khmer Rouge Commander Nuon Paet who was sentenced
to life in prison for his role in a 1994 train ambush that resulted in
the deaths of 3 foreigners and at least 13 citizens. On September 6, an
Appeals Court reversed the July 2000 acquittal of Chhouk Rin, a former
Khmer Rouge Commander who allegedly was involved in the same ambush,
and sentenced him to life in prison. On December 23, a Municipal Court
sentenced Sam Bith, a third Khmer Rouge Commander implicated in the
attack, to life in prison.
On February 18, a municipal court tried and convicted 19 persons to
5 to 20 years on charges of terrorism or conspiracy and membership in
the armed group the Cambodian Freedom Fighters (CFF). In March a
Battambang court tried and convicted 18 members to sentences of 7 to 17
years for their roles in the November 2000 CFF attack in Phnom Penh in
which 8 persons were killed and 14 other persons were injured. In April
a Siem Reap provincial court tried 12 alleged CFF members for their
roles in the attack; 8 were convicted to sentences of between 1 and 10
years and 2 were acquitted and released. In June 2001, a municipal
court tried 30 alleged CFF members, including 2 in absentia, and
convicted them to sentences of 3 years to life. In November 2001, a
municipal court tried and convicted 26 alleged CFF members to 3 to 15
years in prison and acquitted 2 others in connection with the November
2000 incident. Human rights groups and other observers criticized the
Government and the courts for the way they conducted their
investigations and trials (see Section 1.d.). Some of those convicted
have appealed but there were no developments in their cases by year's
end.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances, but local NGOs investigated cases in several
provinces in which individuals allegedly disappeared after having been
held in police detention. The UNHCHR and a local NGO also continued to
investigate the May 2000 disappearance of five persons from various
parts of Kratie Province after they were detained by security
officials. These disappearances were unrelated to the May 2000
disappearance of 23 persons. All five remained missing, and government
and NGO efforts to establish their whereabouts continued at year's end.
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 throughout the country. There were credible
reports that both military police and police officials used physical
and psychological torture and severely beat criminal detainees,
particularly during interrogation. Police and security force
perpetrators of torture and abuse frequently were 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.
During the year, the Ministry of Interior was slow to investigate
allegations by the UNHCHR of torture and severe abuse of individuals in
detention in various parts of the country. During the year, three
police officers were charged with voluntary manslaughter for the July
2001 beating to death of a prisoner in Prey Veng Province. In August a
Kamong Cham provincial court acquitted five prison guards who were
charged for alleged mistreatment of prisoners following a 1999
attempted escape. However, the judge, in an apparent acknowledgement of
the guards' wrongdoing, recommended that the Ministry of Interior
impose an administrative sanction against the guards. Also in August, a
local NGO reported that of 2,324 inmates surveyed, 11.7 percent claimed
they were tortured in police custody while another 1.2 percent claimed
they were tortured in prison.
Government officials and security officials were complicit in
trafficking in both women and children (see Sections 5 and 6.f).
The Ministry of Interior's Prisons Department is responsible for
both pretrial detainees and convicted prisoners held inside prisons.
During the year, prison conditions remained harsh, and government
efforts to improve them and to implement new regulations were hampered
by lack of funds and weak enforcement. Human rights organizations cited
a number of serious problems, including overcrowding, health problems,
food and water shortages, malnutrition, and poor security. A local NGO,
which monitors 20 of the country's 25 prisons, noted that the
population of those prisons decreased by 10 percent during the year.
However, an August report by the same NGO noted that at one prison in
Kampong Cham prisoners were allotted 0.93 square meters of space. In
most prisons, there was no separation of adult prisoners and juveniles,
or of persons convicted of serious crimes and persons detained for
minor offenses. There was inadequate separation of male and female
prisoners. In some prisons, after escape attempts, use of shackles and
the practice of holding prisoners in small, dark cells continued.
Government ration allowances for purchasing prisoners' food routinely
were misappropriated and remained inadequate, which exacerbated
malnutrition. Regulations permitted families to provide prisoners with
food and other necessities, and prisoners depended on such outside
assistance; however, families often were compelled to bribe prison
officials in order to be allowed to provide assistance.
The Government continued to allow international and domestic human
rights groups to visit prisons and prisoners and to provide human
rights training to prison guards. However, NGOs reported that on
occasion cooperation from local authorities was limited (see Section
4). The Ministry of Interior continued to require lawyers, human rights
monitors, and other visitors to obtain letters of permission from the
Ministry prior to visiting prisoners. The Ministry withheld such
permission in some cases, particularly for individuals in detention in
connection with the crackdown on the CFF (see Section 1.d.).
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, the Government
generally did not respect these prohibitions. A Penal Code drafted by
the U.N. Transitional Authority in Cambodia (UNTAC) in 1992 remained in
effect, as does the 1993 Criminal Procedure Law. The Criminal Procedure
Law provides protection for criminal suspects; however, in practice the
Government sometimes ignored its provisions.
A number of the defendants were arrested without warrants and were
held longer than the 6 month maximum period of detention permitted by
the law. Starting in September 2001, the Government initiated a
crackdown on the CFF and arrested over 100 suspects, including dozens
without arrest warrants. The Government held some suspects
incommunicado and denied them appropriate access to lawyers.
Subsequently, many were tried and convicted on the basis of flimsy
evidence such as the appearance of their name on a CFF membership list.
Although lengthy detention without charge is illegal, suspects
often were held by authorities for long periods before being charged or
brought to trial or released. According to the UNHCHR, such prolonged
detention largely was a result of a growing prison population and the
limited capacity of the court system. Accused persons legally are
entitled to a lawyer; however, in practice they often had limited
access to legal representation. Prisoners routinely were held for
several days before gaining access to a lawyer or family members,
although the legal limit is 48 hours. Although there is a bail system,
many prisoners, particularly those without legal representation, often
had no opportunity to seek release on bail. During the year, one NGO
reported that there were 140 complaints of pre-trial detention that
lasted longer than the prescribed 6 months.
The Constitution prohibits forced exile, and in practice the
Government did not use it. In August one FUNCINPEC member resigned his
seat in Parliament and claimed to be in self-imposed exile after
certain government officials threatened to arrest him for his
involvement in an association that advocated the creation, by force if
necessary, of an autonomous ethnic Khmer State in Vietnam.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the Government did not respect this
provision in practice. The courts were subject to influence and
interference by the executive, and there was widespread corruption
among judges, virtually none of whom received a living wage.
A lack of resources, low salaries, and poor training contributed to
a high level of corruption and inefficiency in the judicial branch, and
in practice the Government did not ensure due process. UNHCHR has on a
number of occasions printed and provided copies of all of the country's
laws to all judges. Judges and prosecutors, however, often have no
legal training. Citizens often effectively were denied a fair trial in
jurisdictions without regular access to defense lawyers or
international judicial assistance programs. The Judicial Reform Council
established in 2000 has made no significant progress in fulfilling its
mandate to develop and implement judicial reform measures. On June 19,
the Government established a second legal and judicial reform council
amid criticisms that its co-chairs, a Cabinet Minister and the Supreme
Court President, lacked sufficient independence. The Supreme Council of
the Magistracy continued to discipline judicial officials for
misconduct but did not impose harsh penalties. In June 2001, the
Supreme Council of the Magistracy nominated to the Appeals Court a
former court president and a former prosecutor who had been suspended
from their positions and investigated for accepting bribes in 1999. No
information about the investigation was released. Legal observers
charged that the Supreme Council of the Magistracy was subject to
political influence, and did not protect effectively the independence
of the judiciary.
Court delays or corrupt practices often allowed those accused of
crimes to escape prosecution, leading to impunity for some government
officials or members of their families who committed crimes. Although
the courts prosecuted some members of the security forces for human
rights abuses, impunity for those who committed human rights abuses
remained a problem. With some exceptions, national and local government
officials continued to lack the political will and financial resources
to act effectively against military or security officials suspected of
human rights abuses.
Human rights groups continued to report that the Government
demonstrated its control of the courts by ordering the rearrest of
suspects released by the courts or through extrajudicial processes. In
June the Prime Minister allegedly ordered a government official with
key responsibilities in ongoing judicial reform efforts to drop
inappropriate criminal charges against his former foreign business
partner in a civil dispute involving allegations of breach of contract
(see Section 1.f.).
In March a Ratanakiri provincial court ruled in favor of a general
who claimed to hold the titles to 1,250 hectares of land that members
of the ethnic hill tribes apparently had been tricked into giving away
(see Sections 1.f. and 5).
In January the National Election Commission (NEC) reaffirmed its
requirement that commune election committees resolve local election-
related disputes (see Section 3). As a consequence, many violations of
the Election Law, some very serious, were not punished sufficiently.
The courts and police often pressured crime victims to accept small
cash settlements from the accused instead of seeking prosecution. When
a case was tried, a judge sometimes determined the verdict before the
case was heard, often on the basis of a bribe. On February 18, a
Ratanakiri provincial court sentenced four men to 4 months in prison in
spite of finding them guilty of three counts of premeditated killing.
Sworn, written statements from witnesses and the accused usually were
the extent of evidence presented in trials. Statements by the accused
sometimes were coerced through beatings or threats from investigation
officials, and illiterate defendants often were not informed of the
content of written confessions that they were forced to sign (see
Section 1.c.). In cases involving military personnel, military officers
often exerted pressure on judges to have the defendant released without
trial.
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 the Magistracy, which appoints, oversees, and
disciplines judges. The composition of both of these bodies was viewed
widely as biased in favor of the CPP.
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 typically were perfunctory, and extensive cross-
examination usually did not take place. In 1998 the introduction of
newly trained lawyers, many of whom received supplemental training by
NGOs, resulted in significant improvements for those defendants
provided with counsel, including a reduced pretrial detention period
and improved access to bail; however, there remained a critical
shortage of trained lawyers in all parts of the country. Persons
without the means to secure defense counsel often effectively were
denied the right to a fair trial.
Defendants are entitled by law to the presumption of innocence and
to the right of appeal. However, because of pervasive corruption,
defendants often were expected to bribe the judge for a favorable
verdict, thereby effectively eliminating the presumption of innocence.
Citizens' rights to appeal sometimes were limited by the lack of
transportation and other logistical difficulties in transferring
prisoners from provincial prisons to the appeals court in Phnom Penh.
Many appeals thus were heard in the absence of the defendant. Lawyers
also noted that in 2001 and throughout the year, police and prison
officials, with apparent support from government officials, began to
deny them the right to meet prisoners in private or for adequate
lengths of time, in violation of the law (see Section 1.c.). In
December 2001, an executive decree appointed a single individual as the
country's sole notary public, and, by extension, legal arbitrator of
everything from documents to land disputes.
There is a separate military court system. The military court
system suffered from deficiencies similar to those of the civilian
court system. Moreover, the legal distinction between the military and
civil courts often was ignored in practice; several civilian persons
arrested for crimes that appeared to have no connection with military
offenses were detained for trial by the military court.
In August 2001, a law was promulgated to establish Extraordinary
Chambers to bring Khmer Rouge leaders to justice for genocide, crimes
against humanity, and war crimes committed from 1975 through to 1979.
The Government had sought assistance and cooperation from the United
Nations (U.N.) since 1997, as well as financial assistance from foreign
donors, to make the tribunal operational. In February the U.N.
announced that it would no longer participate in negotiations with the
country to establish a ``mixed'' tribunal, because the U.N. was not
confident it could reach an agreement to establish a court that was
independent, impartial, and objective. In early July, the Government
announced that it had sought to revive negotiations. On August 20, the
U.N. spokesman announced that the U.N. Secretariat would resume
negotiations on a Khmer Rouge Tribunal if it were to receive a ``clear
mandate'' from either the U.N. Security Council or the U.N. General
Assembly. On December 19, the U.N. General Assembly approved a
resolution calling upon the Secretary General to resume negotiations to
conclude an agreement with the Government to establish Extraordinary
Chambers to try Khmer Rouge leaders. On December 24, the Government
announced that it had accepted an invitation from the U.N. Secretary
General to conduct exploratory talks to prepare for resumption of
negotiations on the court.
In March and April, human rights groups criticized the convictions
of 29 alleged members of the CFF (see Section 1.a.). Although some of
the defendants freely admitted involvement in an armed attempt to
overthrow the Government, observers raised valid criticisms about the
lack of thorough investigation or meaningful cross-examination, and the
judge's broad use of discretion in accepting or rejecting evidence.
There was cooperation among the Government, foreign government
donors, and NGOs to improve the legal system, but progress remained
slow.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the privacy of
residences and correspondence and prohibits illegal searches; however,
the police routinely conducted searches and seizures without warrants.
There were no reports that the Government monitored private electronic
communications. The Government continued to work on improving the land
titling system and to prepare implementing regulations for a July 2001
law clarifying ownership and recognizing various forms of communal
property arrangements, including for indigenous minorities.
Citizens were free to live where they wished; however, there were
continued frequent reports of land disputes between residents, local
authorities, businesspersons, and military officials. Since the forced
collectivization during Khmer Rouge rule and the return of thousands of
refugees, land ownership often has been unclear, and most landowners
lacked adequate formal documentation of ownership. Following the end of
the Khmer Rouge insurgency, a rush to gain possession of lands near
potentially lucrative cross-border trade routes exacerbated the
ownership problem. Several provinces created land dispute settlement
committees; representatives of local NGOs and of the military forces
frequently attended committee meetings. Members of the committees often
had apparent conflicts of interest, and observers criticized dispute
resolution as inconsistent and not transparent.
One domestic NGO investigated 63 land disputes involving government
officials that affected 2,746 families during the year. On March 27,
after a Ratanakiri provincial court ruled in March 2001 in favor of a
general who claimed to hold the titles to 1,250 hectares of land that
members of ethnic hill tribes said belonged to them, King Sihanouk and
Prime Minister Hun Sen effectively overruled the court and settled the
land dispute. The settlement awarded the land title to the hill tribes
members and $35,000 (136,500,000 riel) to the General for the amount he
claimed he paid local Ratanakiri officials to arrange transactions
giving him ownership of the land (see Sections 1.e. and 5).
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 respected these rights in practice; however, there continued
to be some problems. The Constitution implicitly limits free speech by
requiring that it does not affect adversely 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 opinions. However, the Press Law also
includes a vaguely worded prohibition on publishing articles that
affect national security and political stability. There were no reports
that print journalists practiced self-censorship. There were a large
number of news items critical of the Government, which included
frequent, highly personal criticism of the Prime Minister, the
President of the National Assembly, and other senior officials.
In November 2000, the Ministry of Information produced a draft
regulation that specified professional requirements for new newspaper
and magazine publishers, and introduced a mandatory licensing system
requiring that newspapers renew their licenses annually and that
magazines renew their licenses every 2 years. Some journalists'
organizations viewed the draft regulation as an attempt to increase
government control over the media. The Ministry was engaged in
consultations with these organizations, and had not implemented the
regulation by year's end.
Although limited in circulation, newspapers were a primary source
of news and expression of political opinion. All major political
parties had reasonable and regular access to the print media. In
general newspapers were aligned politically. The law permits newspapers
to receive financial support from political parties, and some
newspapers did receive such support from FUNCINPEC and the SRP. There
were an estimated 16 Khmer language newspapers published regularly,
approximately the same number as in 2001. Of these, 11 were considered
to be progovernment, 4 were considered to support the opposition Sam
Rainsy Party (SRP), 1 was considered to support the FUNCINPEC Party,
and 1 was considered to be antimonarchy. In addition, there was one
French-language daily, one English-language daily, and two other
English newspapers published regularly. Many of the Khmer-language
newspapers frequently published articles translated from the English
language newspapers.
Although the two largest circulation newspapers were considered
progovernment, most newspapers criticized the Government frequently,
particularly with respect to corruption. Prime Minister Hun Sen and
National Assembly President Prince Norodom Ranariddh frequently came
under strong attack by opposition newspapers. There was some government
intimidation or retribution against local Khmer-language newspapers for
reports that were critical of the Government. In April a municipal
court ordered a newspaper to pay fines for an article allegedly
defaming the National Assembly President. Journalist associations and
NGOs publicly criticized these actions. In July the publisher of a
newspaper was detained by the Ministry of Interior for 10 hours and
questioned about his news sources. In August a newspaper was closed for
30 days after publishing a story critical of the President of the
National Assembly. In September a newspaper editor and reporter were
detained 2 days for publishing articles critical of the national
police.
In August 2001, a municipal judge filed a libel case against an
opposition-affiliated newspaper for publishing an article alleging that
the judge accepted kickbacks in a property dispute case. The case was
settled out of court. In September 2001, the Minister of Foreign
Affairs and International Cooperation won a defamation suit against
three journalists from an English-language newspaper for an article
containing a quote suggesting that during the 1975-1979 Khmer Rouge
regime the Minister played a role in sending prisoners to be
interrogated and executed from the prison and reeducation camp where he
was the head inmate. The court proceedings were marred by
irregularities. The judge did not consider relevant evidence offered by
the defendants, and collected evidence of her own in violation of her
mandate. The judged denied the defendants' request to be tried under
the 1995 Press Law rather than the 1991 transitional UNTAC Code, but
then ordered them to pay damages to the Foreign Minister and the state
under both laws. In November 2001, the journalists appealed the
decision. By year's end, there had been no further developments in the
case.
The Government, the military forces, and the political parties
continued to dominate the broadcast media and to influence their
content. According to a 2001 report by the UNHCHR, the procedures for
licensing and allocation of radio and television frequencies to the
media were not impartial. The opposition party in past years was unable
to obtain a broadcast license and, during 2001, briefly broadcasted
radio programs from a site in a neighboring country, but subsequently
suspended broadcasts for technical reasons. Voice of America and Radio
Free Asia made daily broadcasts through lease arrangements with the
country's only independent radio station. Broadcast journalists
reportedly practiced self-censorship to enhance prospects for keeping
their broadcast license. Television stations largely ignored a May
government order to broadcast only national language programs during
peak viewing hours.
There were six television stations, all controlled or strongly
influenced by the Government. Government control severely limited the
content of television broadcasting. At the initiative of the President
of the National Assembly, the Ministry of Information's television
station did broadcast live telecasts of the National Assembly's
sessions; in several instances, these broadcasts were censored. An
April UNHCHR report asserted that the Government failed to ensure that
all political parties and candidates enjoyed freedom of expression and
equal access to the media in the campaign leading up to the commune
elections (see Section 3). National radio and television stations
regularly broadcasted some human rights, social action, public health,
and civil society programming produced by domestic NGOs.
In August 2001, the Government issued an order banning the sale of
and threatening to confiscate a book published by the SRP entitled
Light of Justice. A government spokesman described it as ``promoting
instability'' but never specified what law the publication violated.
The Government never implemented its confiscation threat. The SRP
removed the book from circulation and filed a lawsuit against the
Government, which was not settled by year's end.
Internet service, which was available widely in larger towns, was
unregulated.
Academic freedom was respected.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of peaceful assembly, but the Government did not
fully respect this right in practice. The Government requires that a
permit 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; however, these actions had no practical effect
because demonstrations proceeded anyway.
During the year, numerous groups assembled peacefully, including
workers and teachers who protested working conditions or wages,
political opposition activists who supported various causes, students
who protested border encroachments and the visit of Vietnamese,
Chinese, and Thai leaders to the country, and various groups which
protested land seizures. On occasion counter-demonstrations by other
citizens who supported the Government disrupted the protests, which
sometimes resulted in clashes that caused minor injuries to
participants. Supporters of both the ruling and opposition parties took
part in rallies and street parades throughout the country during the
commune election campaigning period. However, the opposition party
alleged that local authorities obstructed its campaigning in several
locations (see Section 3).
On December 5, a crowd of approximately 150 villagers visiting
Phnom Penh gathered in front of the offices of the Department of
Forestry and Wildlife (DFW) and demanded information about proposed
forestry concession management plans. At dusk a group of police
aggressively drove the crowd away from the DFW. There were credible
reports that the police used electrified batons to disperse the crowd
and that several villagers sustained injuries. One protester died later
in the evening of a heart attack, but no link between the incident and
his death was established. The independent monitor of the country's
forestry sector, Global Witness, filmed the incident, but was not
involved directly. The Government subsequently decided to terminate
Global Witness' role as the official forestry monitor. In the past
Global Witness drew criticism from the Government for allegedly
overstepping its mandate of monitoring forest crimes to advocating
general reform of the forestry sector.
Throughout the year, there were complaints from various
organizations that local authorities demanded that they apply for
permission to hold meetings and other events, despite the fact that
there was no legal basis for such requirements. For example, in June
2001, the Government forbade a private conference on border issues
planned by a student group in conjunction with an organization of
expatriate Cambodians at a Phnom Penh hotel. The Government never
explained the legal basis for its action, but conference organizers
canceled the event after the hotel refused to allow the conference on
its premises.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. However, the
Government did not enforce effectively the freedom of association
provisions of the Labor Law (see Section 6.a.). In October 2001, the
Government adopted a standard Memorandum of Understanding for NGOs,
which eliminated provisions from an earlier draft NGO law that the NGO
community opposed.
The Government did not coerce or forbid membership in political
organizations. Political parties normally were able to conduct their
activities freely and without government interference. However, there
were several documented cases of harassment of FUNCINPEC and SRP
activists and candidates in connection with preparations for the
scheduled commune level elections (see Section 3).
Membership in the Khmer Rouge, which previously conducted an armed
insurgency against the Government, is illegal, as is membership in any
armed group.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution also prohibits discrimination based on religion,
and minority religions experienced little or no official
discrimination. Buddhism is the state religion and over 95 percent of
the population is Buddhist. Most of the remaining population is made up
of ethnic Cham Muslims, who were well integrated into society.
The law requires all religious groups to submit applications to the
Ministry of Cults and Religious Affairs in order to construct places of
worship and to conduct religious activities. Religious groups did not
encounter significant difficulties in obtaining approvals for
construction of places of worship, but some Muslim and Christian groups
reported delays by some local officials in acknowledging that official
permission had been granted to conduct religious meetings in homes.
Such religious meetings took place unimpeded despite delay or inaction
at the local level, and no significant constraints on religious
assembly were reported. In August the Government deported two Falun
Gong members listed as United Nations High Commissioner for Refugees
(UNHCR) persons of concern to China (see Section 2.d.). Also in August,
the Government announced that it would not permit the Dalai Lama to
attend an upcoming Third World Buddhism Conference in the country.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and law provide for
these rights and the Government generally respected them in practice.
The Government does not restrict domestic or international travel,
although the presence of land mines and bandits made travel in some
areas of the country dangerous (see Section 1.a.).
There were no reports of persecution or discrimination against
refugees who returned from abroad. On December 31, 2001, the UNHCR
program which assisted in the resettlement of refugees who returned
from Thailand, formally was terminated. There was no new resettlement
of internally displaced persons (IDPs) during the year. IDPs who
resettled in previous years were able to return to their original
places of origin, except where land mines were a problem.
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; however, in practice there were cases
where persons were deported. During the year, the country granted
asylum to persons of various nationalities. The Government also allowed
noncitizens to apply to the UNHCR for refugee status and for third
country resettlement. On November 23, police tried several times to
detain a group of 20 Montagnards in Phnom Penh who were under UNHCR
protection. An all night negotiation took place to keep the group from
being arrested. In late December, they moved to the site where other
Montagnards were awaiting resettlement. There were no further instances
of police harassment though the end of the year, and 20 were accepted
for resettlement to a third country. The Government authorized
resettlement processing for approximately 900 Montagnards who were
living in 2 UNHCHR camps in Ratanakiri and Modolkiri Provinces. To
ensure their safety, these refugees were moved by UNHCR from the border
provinces down to Phnom Penh. During the year, all 583 cases (905
persons) were interviewed and provided refugee status. By the end of
the year, approximately 800 Montagnards departed Phnom Penh for third
county repatriation.
In March 2001, the Government provided asylum in Ratanakiri and
Mondolkiri Provinces for arriving Montagnards. However, in May
authorities pushed back approximately 300 asylum seeking Montagnards,
in apparent violation of the 1951 U.N. Convention, claiming that they
were illegal aliens. In December 2001, authorities intercepted and
returned 167 newly arrived Montagnard asylum seekers to Vietnam. NGOs
and other organizations continued to claim that groups of Montagnards
remained in hiding along the border of Vietnam waiting for an
opportunity to seek asylum in the country.
The UNHCR was given permission to establish and monitor camps in
both provinces. Although the UNHCR reached an agreement with the
Government and with the Government of Vietnam to facilitate voluntary
repatriation, the program quickly collapsed. In March the Government
deported 98 new Montagnard arrivals back to Vietnam. In July a
Vietnamese monk, who was registered with the UNHCR as a person of
concern, disappeared from Phnom Penh. Credible reports suggested that
either he was kidnaped by Vietnamese agents or that he was deported by
government authorities. In August the Government deported to China two
practitioners of Falun Gong (see Section 2.c.). The couple had been
living and working in the country since 1998 and were accorded ``person
of concern'' (refugee) status by the UNHCR in May. The UNHCR was not
notified of the deportation until after the fact, in violation of the
country's agreement with the U.N.
After opposing repatriation of deportable Cambodian nationals for
many years, the Government signed an MOU with the United States in
March to facilitate their return. The 36 persons who subsequently were
repatriated in four separate groups were detained up to several weeks
upon their arrival and there were reports that some were forced to pay
bribes during this detention. By year's end, these 36 deportees all
were released, and the Government subsequently has respected the rights
of these individuals and their efforts to integrate themselves into
society.
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. The coalition government formed in late 1998
between the CPP and the FUNCINPEC, the two parties that won the largest
number of votes and National Assembly seats in the 1998 election,
established relative political stability. The coalition agreement
provided for approximately equal power sharing between the parties,
with Hun Sen of the CPP as Prime Minister and Prince Norodom Ranariddh
of FUNCINPEC as President of the National Assembly. However, in
practice the CPP has been the dominant partner. The coalition agreement
also provided for the creation of a Senate, which was formed in March
1999 with Chea Sim of the CPP as President. The Senate's function is to
review and to provide advice on the laws passed by the National
Assembly; the National Assembly retains final authority over whether to
modify legislation based on the Senate's recommendations. In practice
the Senate's role largely was perfunctory, while the National Assembly
was a more credible forum for national debate.
Although growing in influence, the legislature remained weak in
comparison to the executive branch. The coalition government appointed
the 24 provincial and municipal governors and their deputies, as well
as district officials, all of whom were divided between the CPP and
FUNCINPEC parties. Suffrage is universal and voluntary for all citizens
over the age of 18. Most citizens participated in national elections in
1993 and 1998.
In February the first ever national commune level elections were
held. Over 83 percent of eligible voters registered to vote. More than
76,000 candidates from 8 parties competed and more than 1 candidate was
registered in 1,608 of the country's 1,621 communes. The election
results broke the CPP's 23 year monopoly control of local governance.
The CPP won 7,703 council members seats nationwide, FUNCINPEC won 2,211
member seats and the SRP won 1,346 member seats. The CPP commune chiefs
remained in place in 99 percent of the 1,621 communes; however, power
was shared with other parties in all but 148 communes. At year's end,
an interministerial body supervised by the Ministry of Interior had not
developed regulations to implement the Commune Administration Law to
describe the power, duties, and functions of the councils.
The levels of election-related violence and intimidation associated
with the February local elections were similar to those in the 1998
national election (see Section 2.b.). During the campaign period and
throughout the year, a total of 25 FUNCINPEC and SRP activists and
candidates were killed under suspicious circumstances, including 7
killings that human rights monitoring organizations agreed were
motivated politically (see Section 1.a). The Government took action
against many alleged perpetrators of killings, but addressed other
misconduct inconsistently.
There were more than 200 reported cases of intimidation (vandalism,
forced oath taking to the CPP, collection of voter registration cards
by local authorities, and death threats), against activists and
candidates running against the CPP. The NEC did not use its powers to
sanction those involved in voter intimidation and vote buying.
According to electoral monitoring organizations, each of the three main
parties allegedly was involved in vote buying, although the CPP was
cited in the majority of cases. On preelection night, there were
reports of illegal gift giving in every province by all major parties,
and voter coercion by local CPP officials.
The UNHCHR uncovered no evidence of a centrally organized campaign
of violence or intimidation; most cases appeared to be the work of
local officials. However, UNHCHR also reported that police
investigations of such incidents and subsequent judicial processes were
slow and showed serious shortcomings. The NEC did not carry out
effectively its legal mandate to investigate election violations and to
punish the perpetrators, nor did it permit equal access to the media
(see Sections 1.e. and 2.a.). These were the first elections the
country organized without substantial foreign assistance, and
preparations were marked by poor dissemination of information and other
logistical and administrative problems. Some political parties and
election observers claimed that the authorities did not do enough to
ensure that all voters who wished to vote could register.
Media access for opposition parties was more restricted than in the
1998 national elections (see Section 2.a). The NEC did not allow six
local level candidate debates to be broadcasted on national television,
although one debate was broadcasted on a national radio station. In
addition, the NEC reversed its decision to allow broadcasts of 15
prescreened, national-level, election roundtable debates organized by
nongovernmental organizations during the campaign period. Voters'
choices on election day were limited by their lack of access to
broadcast political discussion. The Committee for Free and Fair
Elections (COMFREL) reported that the activities of the Government and
the CPP dominated news coverage both before and during the campaign
period, while negligible exposure was given to opposition parties.
Traditional cultural practices inhibited the role of women in
government. However, women took an active part in the 1998 national
election and registered for the February elections at approximately the
same rate as men. There were 13 women among the 122 members of the
National Assembly, 8 women among the 61 members of the Senate, and 2
female Ministers and 3 female State Secretaries in the Cabinet. After
February's local elections, women held 933 (8.3 percent) of the 11,261
commune council seats. The country's central bank was headed by a
woman.
There were 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. The UNHCHR and
numerous other human rights organizations 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,
investigating and publicizing their findings on human rights cases.
There were approximately 40 NGOs involved in human rights activities,
although only a small portion of them actively were involved in
organizing training programs or investigating abuses. The Government
generally cooperated with human rights workers in performing their
investigations; however, during the year, there were several reports of
poor cooperation or intimidation by local authorities throughout the
country.
In March the Government and the UNHCHR agreed to a Memorandum of
Understanding which extended the UNHCHR's activities in the country for
2 more years. The UNHCHR maintained its headquarters in Phnom Penh and
had 2 regional offices in Battambang and Kampong Cham. The UNHCHR
visited the country in August, and the U.N. Special Representative for
Human Rights visited two times during the year. Both Representatives
met with government officials at all levels, as well as with
representatives of political parties and NGOs.
During the year, the Government continued to deny lawyers and human
rights groups permission to see prisoners, thus inhibiting the ability
of lawyers to defend clients and the ability of human rights groups to
monitor prison conditions (see Section 1.c.).
The Cambodian Human Rights Committee, which the Government
established in 1998, largely was inactive throughout the year, and its
activities were not credible.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
color, language, religious beliefs, or political views. Although the
Government did not engage actively in discrimination, it sometimes
failed to protect these rights in practice.
Women.--Domestic and international NGOs reported that violence
against women, including domestic violence and rape, was common.
Although comprehensive statistics were not available, one local NGO
reported 244 cases of domestic violence, 174 cases of rape, and 74
cases of trafficking in persons during the year. Authorities normally
declined to become involved in domestic disputes, and the victims
frequently were reluctant to issue formal complaints.
The law prohibits rape and assault. Spousal rape and domestic abuse
are not recognized as separate crimes. A case of spousal rape could be
prosecuted as ``rape'', ``causing injury'' or ``indecent assault,'' but
women's groups reported that such charges were rare.
Prostitution is prohibited constitutionally; however, there is no
specific legislation against working as a prostitute. Trafficking in
women for the purpose of prostitution was a serious problem (see
Section 6.f.). Although the Government devoted greater attention to the
problem of trafficking during the year and initiated several
prosecutions, it has not enforced effectively a 1996 law against the
exploitation and sale of human beings. Despite sporadic crackdowns on
brothel operators in Phnom Penh, prostitution and trafficking related
to it continued to flourish. A survey by a local human rights NGO
reported there were approximately 50,000 prostitutes in the country and
that an estimated 60 percent of women and girls either were forced to
work as prostitutes or were deceived into prostitution. Sex tourism was
also a problem.
The Labor Law has provisions against sexual harassment in the
workplace, and the International Labor Organization (ILO) reports that
in the industrial sector it was rare. Sexual harassment was not known
to be a problem in other sectors of the economy.
The Constitution contains explicit language providing for equal
rights for women, equal pay for equal work, and equal status in
marriage. In practice women had equal property rights with men, the
same status to bring divorce proceedings, and equal access to education
and some jobs. However, cultural traditions continued to limit the
ability of women to reach senior positions in business and other areas.
According to NGO reports, women make up 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 were concentrated in
low-paying jobs in these sectors and largely were excluded from
management positions. There were a large number of women's NGOs that
provided training for poor women and widows and addressed social
problems such as spousal abuse, prostitution, and trafficking. A media
center produced and broadcasted programming on women's issues. NGOs
provided shelters for women in crisis.
Children.--The Constitution provides for children's rights, and
ensures that the welfare of children is a specific goal of the
Government. The Government relied on international aid to fund most
social welfare programs targeted at children, resulting in only modest
funds for problems that affect children.
Children were affected adversely by an inadequate education system.
Education was free but not compulsory through grade nine; many children
either left school to help their families in subsistence agriculture,
began school at a late age, or did not attend school at all. Despite an
extensive government school construction program, schools were
overcrowded, lacked sufficient equipment, and often provided only a few
years of education, especially in rural areas. Less than 5 percent of
primary school teachers completed high school, and teachers' salaries
were irregular and inadequate to support a decent standard of living,
leading to demands for unofficial payments directly from parents, which
the poorest families could not afford. The Government did not deny
girls equal access to education; however, in practice, families with
limited resources often gave priority to educating boys. In many areas,
schools were remote, and transportation was a major problem. This
particularly affected girls because of fears for their safety in
traveling between their homes and schools.
Children frequently suffered from malnutrition and the inadequacy
of the health care system. Infant mortality was reported most recently
at 95 per thousand, and 12.5 percent of children did not live to the
age of 5 years. Child mortality from preventable diseases was high.
Child abuse was believed to be common, although there were no
statistics available. Poverty and domestic violence often drove
children to live on the streets; domestic NGOs estimated there were
more than 10,000 street children in Phnom Penh alone, who were easy
targets for sexual abuse and exploitation. Although sexual intercourse
with a person under the age of 15 is illegal, child prostitution and
trafficking in children were common (see Section 6.f.). In March 2000,
the Government adopted a 5-year plan against child sexual exploitation
that emphasized prevention through information dissemination and
protection by law enforcement (see Section 6.f.). During the year, the
Government prosecuted at least six cases in which foreigners were
charged with pornography violations or pedophilia.
The illegal purchase and sale of infants and children for
prostitution and adoption was a serious problem. During the year, raids
on brothels rescued several underage girls who were trafficked to the
country for prostitution (see Section 6.f). In 2001 and during the
year, there were several documented cases in which individuals or
organizations purchased infants or children from their natural parents,
created fraudulent paper trails to document the children as orphans,
and then earned substantial profits from fees or donations from
unwitting adoptive families, including foreign families. Some of these
children ended up being exploited. In some of these cases, the
perpetrators encouraged women to give up their children under false
pretenses, for example, by promising to care for the children
temporarily but then refusing to return them. During 2001 a court
charged at least seven persons in two separate cases involving orphans
for adoption. The court subsequently dropped the charges against all
seven individuals, following what human rights workers believed were
inadequate court investigations. In one of the cases, the court's
decision to drop charges was appealed.
Child labor was a problem in the informal sector of the economy
(see Sections 6.c. and 6.d.).
Persons with Disabilities.--The Government does not require that
buildings or government services be accessible to persons with
disabilities. According to the Government, approximately 1 in 219
citizens was missing at least one limb. This statistic reflects the
continuing effects of landmines. Programs administered by various NGOs
have brought about substantial improvements in the treatment and
rehabilitation of persons who have lost limbs. However, persons who
have lost limbs face considerable societal discrimination, particularly
in obtaining skilled employment.
National/Racial/Ethnic Minorities.--Citizens of Chinese and
Vietnamese ethnicity constitute the largest ethnic minorities. Ethnic
Chinese citizens were accepted in society. However, animosity toward
ethnic Vietnamese, who were seen as a threat to the nation and culture,
continued. The rights of minorities under the 1996 nationality law are
not explicit; constitutional protections are extended only to ``Khmer
people.'' During the year, student groups continued to make strong
anti-Vietnamese statements; they complained of political control,
border encroachments, and other problems for which they held ethnic
Vietnamese persons within the country at least partially responsible.
In several parts of the country, the opposition party exploited anti-
Vietnamese sentiment and effectively disenfranchised thousands of
ethnic Vietnamese citizens by successfully challenging their voter
registration rights during local elections.
In March 2001, a provincial judge ruled against ethnic hill tribe
villagers in a land dispute. Ethnic bias did not appear to be a factor
in the judgment, but political influence was seen as important in this
affair (see Sections 1.e and 1.f.).
Section 6. Worker Rights
a. The Right of Association.--The 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 inconsistent. Membership in trade unions or employee
associations is not compulsory, and workers are free to withdraw from
such organizations; however, the Ministry of Social Affairs, Labor,
Vocational Training and Youth Rehabilitation (MOSALVY) has accepted the
charter of at least one union that requires workers to obtain
permission before they may withdraw. The Labor Law does not apply to
civil servants, including teachers, judges, and military personnel, or
to household servants. Personnel in the air and maritime transportation
industries are not subject fully to the law, but are free to form
unions.
Most workers were subsistence rice farmers. Only a small fraction
(estimated at less than 1 percent) of the labor force were unionized,
and the trade union movement was still in its infancy and was very
weak. Unions were concentrated in the garment and footwear industries,
where approximately 25 to 30 percent of the 160,000 to 170,000 workers
were union members. Although there was an expanding service sector,
most urban workers were engaged in small-scale commerce, self-employed
skilled labor, or unskilled day labor. The Labor Law requires unions
and employer organizations to file a charter and list of officers with
the MOLSAVY. The MOSALVY registered 322 factory unions and 10 national
labor federations since the Labor Law went into effect, including 77
unions and 1 federation during the year. Labor unions continued to
expand outside the garment sector as well. In July the Ministry of
Interior recognized the country's first public-sector union, the
Cambodia Independent Teachers Association, which registered as an
``association.'' Regulations issued in 2000 to simplify union
registration procedures were effective. Unlike in previous years, there
were no complaints that the Government failed to register unions or
labor federations, although some unions and federations complained of
unnecessary delays and costs. 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 equals.
Five registered labor federations have historical ties to the
Government or CPP-affiliated individuals within the Government. Two
major labor federations and several unaffiliated factory unions were
independent. There was credible evidence of employer involvement in
some labor unions. In some factories management appeared to have
established their own unions, supported pro-management unions, or had
bought off other union leaders. The Cambodian Labor Solidarity
Organization (CLSO), a local NGO headed by an advisor to the Minister
of Labor, claimed to protect workers and the economy from disruptive
union activists and strikes. However, the presence of CLSO at labor
disputes often coincided with the presence of hired thugs who
intimidated and even became violent with union leaders, union members,
and other workers.
The Government's enforcement of provisions that protect the right
of association was poor. The Government's enforcement efforts were
hampered by a lack of political will and by confused financial and
political relationships with employers and union leaders. The
Government also suffered from a lack of resources, including trained,
experienced labor inspectors, in part because it did not pay staff
adequate salaries. Unions also suffered from a lack of resources,
training, and experience. There were credible complaints about anti-
union harassment by employers, including the dismissal of union
leaders, in more than 20 garment factories and other enterprises during
the year. In September an appeals court overturned a March lower court
order that reinstated two garment factory union leaders who were
dismissed in 2000. In July a provincial court arrested two union
leaders after taking their depositions on a worker riot and destruction
of property incident which occurred at their factory in 2001. An
interministerial committee investigating the incident previously had
exonerated the two from any wrongdoing. After intervention from the
Minister of Labor, the two leaders were released on bail in early
December. However, their case was still pending and they had not been
reinstated to their positions at the factory by year's end.
The Government never has prosecuted or punished an employer for
antiunion activity. The MOSALVY often decided in favor of employees,
but rarely used its legal authority to penalize employers who defied
its orders. The MOSALVY often advised employees in such situations to
sue in court, which labor unions claimed was unnecessary, costly, and
ineffective. On several occasions, dismissed union leaders accepted
cash settlements after unsuccessfully appealing to the Government to
enforce labor law provisions requiring their reinstatement.
In January 2001, the ILO began a program to monitor working
conditions in the garment industry. However, senior officials,
including the Deputy Prime Minister and the Minister of Commerce, made
public statements throughout the year dismissing the labor movement as
being made up of political agitators intent on sabotaging the economy.
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 was inconsistent. Wages
were set by market forces, except in the case of civil servants, for
whom wages were set by the Government.
Since passage of the Labor Law in 1997, there has been confusion
about the overlapping roles of labor unions and elected shop stewards.
The Labor Law provides unions the right to negotiate with management
over wages and working conditions and allows unions to nominate
candidates for shop steward positions. The law provides shop stewards
the right to represent the union to the company management and to sign
collective bargaining agreements. However, in practice most factories
elected shop stewards before a union was present in the enterprise;
thus, many unions had no legally enforceable right to negotiate with
management in situations in which there were nonunion shop stewards. In
addition, the law specifically protects elected shop stewards from
dismissal without permission from the MOSALVY, but grants no such
protection to elected union leaders. In November 2000, MOSALVY issued a
regulation that gave trade unions roles comparable to those of shop
stewards and extended protection from dismissal to certain union
officers within an enterprise. However, these protections for union
leaders did not prove effective (see Section 6.a.).
There were only 10 collective bargaining agreements registered with
the Government, and these did not meet international standards. In
addition to difficulties in defining the bargaining unit, collective
bargaining was inhibited by the weak capacity and inexperience of
unions. In November 2001, the Government issued a regulation
establishing procedures to allow unions to demonstrate that they
represent workers for purposes of collective bargaining. The new
regulation also establishes requirements for employers and unions
regarding collective bargaining and provides union leaders with
additional protection from dismissal. Nine unions applied with the
MOSALVY to establish their right to represent workers for purposes of
collective bargaining; however, none were granted this status, and many
complained of unnecessary bureaucratic delays.
The Labor Law provides for the right to strike and protects
strikers from reprisal. There were 35 strikes through September 15, the
vast majority of which took place without the 7 day notice as required
by law. The Government allowed all strikes and demonstrations,
including some in which demonstrators caused property damage. In June
2001, the authorities arrested several union members for alleged
involvement in violent labor demonstrations at a garment factory, fined
them, and then released them several days later (see Section 2.b.).
However, in general, police intervention was minimal and restrained,
even in cases in which striking workers caused property damage. In
spite of the provisions in the law protecting strikers from reprisals,
there were credible reports of workers being dismissed on spurious
grounds after organizing or participating in strikes. In some cases,
strikers were pressured by employers to accept compensation and to
leave their employment.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Labor Law prohibits
forced or bonded labor, including forced labor by children; however,
the Government did not enforce its provisions adequately. Involuntary
overtime remained widespread. Workers faced fines, dismissal, or loss
of premium pay if they refused to work overtime.
During the year, government officials took action to rescue women
and children from prostitution, but did not do so consistently (see
Section 6.f.). There also were reports of isolated cases of forced
labor by domestic servants.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government has adopted laws to protect children from
exploitation in the workplace. In March the Government ratified the
Optional Protocol to the U.N. Convention on the Rights of the Child on
the Sale of Children, Child Prostitution, and Child Pornography. In
November 2001, the Government signed the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, and
the Protocol Against Transnational Crime.
The Labor Law establishes 15 years as the minimum age for
employment, and 18 years as the minimum age for hazardous work. The law
permits children between 12 and 15 years of age to engage in ``light
work'' that is not hazardous to their health and that does not affect
school attendance. A tripartite Labor Advisory Committee is responsible
for defining what constitutes work that is hazardous to the health,
safety, and morality of adolescents, as well as consulting with the
MOSALVY to determine which types of employment and working conditions
constitute ``light work.'' The MOSALVY identified six industries as
priorities for clarification of what constitutes hazardous work and
light work, but has not placed the subject on the agenda of the Labor
Advisory Committee.
Children under the age of 15 years account for more than half of
the population. Approximately 16.5 percent of children between the ages
of 5 years and 17 years were employed. More than half of these children
were over the age of 14 years, and 89 percent of them were engaged in
small-scale agriculture. Only 4 percent of working children were
engaged in larger scale enterprises, including brick factories and
rubber plantations.
Child labor was not prevalent in the garment industry, although
there was at least one instance early in the year of a young worker
misrepresenting her age to gain employment in a garment factory. Lack
of credible civil documents made it difficult to guard against this
practice. Most garment factories have policies that set the age of
employment above the legal minimum of 15 years. The most serious child
labor problems were in the informal sector.
The MOSALVY was hampered by inadequate resources, staff, and
training. Law enforcement agencies had authority to combat child
prostitution, but did not do so in a sustained, consistent manner. Some
observers noted that existing regulations do not address the problem of
child labor in the informal sector adequately. With assistance from the
ILO, MOSALVY established a child labor unit to investigate and combat
child labor. In 1997 the Government, in conjunction with the ILO and
NGOs, also approved a national action plan on child labor (see Section
6.f.). The Government has not ratified ILO Convention 182 on the
elimination of the worst forms of child labor, and has not established
a definition for worst forms of child labor.
The Ministry of Labor participated in one project to remove
children from hazardous work in the salt, fishing, and rubber
industries and to provide them with education.
The Constitution prohibits forced or bonded child labor; however,
forced child labor was a serious problem in the commercial sex
industry. In 1999 the ILO's International Program for the Elimination
of Child Labor (ILO-IPEC) reported that more than 15 percent of
prostitutes were between 9 and 15 years of age (see Section 6.f.).
e. Acceptable Conditions of Work.--The Labor Law requires the
MOSALVY to establish minimum wages based on recommendations from the
Labor Advisory Committee. By law the minimum wage can vary regionally.
In July 2000, the Labor Advisory Committee approved a minimum wage of
$45 (175,500 riel) per month, but this covered only the garment and
footwear industries. Most garment and footwear factories respected the
minimum wage. There was no minimum wage for any other industry.
According to a survey taken in 2001 by a local economics research
center, garment workers, earned an average of $61 (232,761 riels) per
month, including overtime. However, prevailing monthly wages in the
garment sector and many other professions were insufficient to provide
a worker and family with a decent standard of living. Civil service
salaries also were insufficient to provide a decent standard of living,
requiring government officials to secure outside sources of income, in
many cases by obtaining second jobs or collecting bribes.
The Labor Law provides for a standard legal workweek of 48 hours,
not to exceed 8 hours per day. The law stipulates time-and-one-half for
overtime and double time if overtime occurs at night, on Sunday, or on
a holiday. The Government does not enforce these standards effectively.
Despite reminders from the Government concerning hours of work, workers
in many garment factories complained that overtime was excessive or
involuntary, or that they were required to work 7 days per week. Some
factories did not pay the legally mandated premiums for overtime,
night, or holiday work properly. Another common complaint was that
management violated 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. Outside the garment industry,
regulations on working hours rarely were enforced.
The Labor Law states that the workplace should have health and
safety standards adequate to ensure workers' well being. The Government
enforced existing standards inconsistently, in part because it lacked
trained staff and equipment. Work related injury and health problems
were common. Most large garment factories producing for markets in
developed countries met relatively high health and safety standards as
conditions of their contracts with buyers. Working conditions in most
small scale factories and cottage industries were poor and often did
not meet international standards. The Government issued several
instructions on workplace standards, and more detailed regulations
awaited approval by the Labor Advisory Committee before they could be
promulgated. 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 removed themselves from unsafe
working conditions risked loss of employment.
The Labor Law applies to all local and foreign workers. A Ministry
of Labor regulation, however, limits to 10 percent the number of
foreign workers an employer can hire.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, there were reports that persons were trafficked to,
from, and within the country. The Law on the Suppression of Kidnaping,
Trafficking, and Exploitation of Humans (The Trafficking Law)
establishes a jail sentence of 15 to 20 years for any person convicted
of trafficking in persons under 15 years of age. The current
trafficking law contains no provisions that would protect victims from
charges under the country's immigration laws and enforcing the
Trafficking Law in general was a problem.
The majority of trafficking occurred within the country, providing
both adults and children for exploitation in the country's sex
industry. The sex industry was estimated to employ 50,000 prostitutes,
a sizable proportion of whom were victims of trafficking. The
International Organization for Migration (IOM) estimated that at least
3,000 women and girls from southern Vietnam were trafficked to the
country to work as prostitutes, with more than 15 percent being younger
than 15 years of age. The ILO-IPEC reported in 1999 that more than 15
percent of female prostitutes in the country were between 9 and 15
years of age, and that 78 percent of these girls were Vietnamese and 22
percent were Cambodians. Women were trafficked from European countries
such as Moldova and Romania, as well, for purposes of prostitution. A
UNICEF study reported that one-third of the country's prostitutes were
under 18 years of age. Some Vietnamese women and girls were trafficked
through the country for exploitation in the commercial sex trade in
other Asian countries. One NGO estimated that 30,000 women and girls
were trafficked to neighboring countries, especially Thailand. Women
and children, especially those in rural areas, were the most likely to
become victims of trafficking. One study estimated that 88,000
Cambodians worked in Thailand as bonded laborers at any given time;
many were exploited in the sex industry or, particularly young boys and
girls, were employed as beggars. There was also trafficking of boys and
girls to Vietnam for begging.
The Trafficking Law establishes a jail sentence of 15 to 20 years
for any person convicted of trafficking in persons under the age of 15;
however, the Government did not enforce the law effectively due in part
to budget limitations and a lack of implementing regulations.
Although prosecutions of traffickers increased, and the Government
devoted greater attention to trafficking in persons during the year,
enforcement of antitrafficking laws and prosecution of perpetrators
continued to be inconsistent. The Government conducted several raids
throughout the year, and rescued numerous prostitutes, including
underage workers, and provided them with protection while working with
NGOs to either reunite the victims with their families or to place them
in a shelter operated by an NGO or other private charity.
In May, 14 Vietnamese trafficking victims were rescued by the
Ministry of Interior's special anti-trafficking police unit from three
brothels in Phnom Penh's Svay Pak community, an area notorious for
underage prostitution, and were taken to a shelter operated by a local
NGO. Police briefly detained one brothel manager and an alleged foreign
pedophile during the May raids, but both escaped. On June 20, the same
police unit that conducted the raids was ordered to arrest all 14 girls
on charges of illegal immigration. On June 24, a judge released the
three youngest girls who were between the ages of 12 and 13, as well as
one other girl who demonstrated her Cambodian citizenship. At the time
of the arrests, government officials said that the individuals being
held were voluntary prostitutes and the arrests were a legal
immigration issue. In August six of the girls were sentenced to 2
months in prison and four others were sentenced to 3 months in prison.
After serving their sentences, the 10 girls were held at the country's
immigration detention center. Credible sources report that the 10 girls
never were deported, but that they were released back into society in
exchange for payments to immigration authorities. However, there was no
confirmation that traffickers paid off immigration officials. Credible
reports suggested that in some cases the girls paid $20 (78,000 riel)
themselves, and in other cases supposed family members paid the fee.
On August 7, the Ministry of Interior's special police unit rescued
another 17 Vietnamese girls from brothels in Svay Pak. The police
arrested two of the brothel owners on charges of illegal confinement.
Approximately half of the girls were under the age of 15 and the other
half were between the ages of 16 and 20. The girls were placed in a
local NGO shelter. However, a police officer from the anti-trafficking
unit later signed out one of the girls from the shelter and allegedly
turned her over to her parents in return for a payment of $100 (390,000
riel).
These cases sparked widespread condemnation from international
organizations, NGOs, and other governments. Subsequently senior
officials declared that government policy was not to consider
trafficking victims as criminals; however, some courts did not abide by
this approach. In addition, Vietnamese authorities apparently were
reluctant to cooperate with Cambodian authorities in accepting back
Vietnamese trafficking victims. The Government actively negotiated with
the Governments of Thailand and Vietnam to establish Memoranda of
Understanding on the repatriation of women and children who were
victims of trafficking.
The Ministry of Interior's anti-trafficking unit reported that
during the year it rescued 193 victims, placed 127 of the victims in
shelters and vocational training centers, and returned 66 victims to
their families. The unit also submitted 53 cases for prosecution and 41
perpetrators (traffickers, pedophiles and rapists) were sentenced to
prison, including 8 Cambodians, 28 Vietnamese, 3 Chinese, 1 Italian,
and 1 Australian.
Working with IOM, the Government rescued 73 Cambodian forced
laborers from Thai fishing vessels who were arrested by the Indonesian
navy in July 2001.
Surveys conducted by domestic NGOs in 1995 indicated that from 40
to 50 percent of young women who were trafficked were victimized by a
relative or friend of the family, and were offered money or promises of
a better life. Poverty and ignorance in villages was a major factor in
contributing to the trafficking problem. Young children, the majority
of them girls, often were ``pledged'' as collateral for loans by
desperately poor parents to brokers or middlemen; the child then was
held responsible for repaying the loan and accumulated interest. In
other cases, parents were tricked into believing the child would be
given legitimate work in the city. There was also a problem with the
illegal purchase and sale of infants and children. Sometimes this was
for the purpose of adoption, including by foreign couples, but some of
these children ended up abused and exploited (see Section 5).
Given the lucrative nature of trafficking in persons and the
widespread nature of the problem in the country, it was believed that
organized crime groups, employment agencies, and marriage brokers all
had some degree of involvement. In one area on the Thai border, a
recent report estimated that as many as 100 traffickers were carrying
out operations. A local NGO revealed clear patterns and networks in the
process of buying babies or children for the purposes of adoption and
trafficking. Recruiters preyed on poor women, especially divorcees or
widows, who were pregnant and about to give birth, or who had young
children. Official paperwork was signed by orphanage directors and
local officials who falsely stated that the children were found
abandoned in provinces outside of Phnom Penh. Many times these
officials were bribed. A variety of methods were used by traffickers.
In many cases, victims were led astray by promises of legitimate
employment. In other cases, acquaintances, friends and even family
members sold the victims outright or received payment for having helped
deceive them.
Corruption was endemic in the country, and it was believed widely
that some law enforcement and other government officials received
bribes that facilitated the sex trade and trafficking in persons. There
were credible reports that high ranking government officials or their
family members operated, had a stake in, or received protection money
from brothels which housed trafficking victims, including underage sex
workers.
Trafficking victims, especially those trafficked for sexual
exploitation, faced the risk of contracting sexually transmitted
diseases, including HIV/AIDS. In some cases, victims were detained and
physically and mentally abused by traffickers, brothel owners, and
clients.
The Government had several programs underway in conjunction with
the IOM, the UNHCHR, and UNICEF to combat trafficking, including one
program to provide training and capacity-building for government
officials with antitrafficking responsibilities. In September 2000, the
Ministry of Women's and Veterans' Affairs launched a public education
campaign against trafficking, focusing on border provinces. A number of
local NGOs and international organizations investigated trafficking
cases, provided assistance to victims, conducted research and advocacy
on trafficking and human rights issues in general, and provided human
rights education to members of the authorities and general public.
In March 2000, the Government adopted a 5-year plan against child
sexual exploitation that emphasized prevention through information
dissemination and protection by law enforcement (see Section 5). In
October 2001, a national workshop assessed the national plan's progress
and priorities for action. In October 2002, the Government established
mechanisms for monitoring and reporting on the national plan with all
relevant ministries and provincial authorities.
Assistance was available for trafficking victims through projects
run by local NGOs and international organizations. The Government
participated as a partner in a number of these efforts, however, its
contributions were hampered severely by the limited resources at its
disposal. Some victims were encouraged by NGOs and the Ministry of
Interior to file complaints against perpetrators. However, in the
general climate of impunity, victim protection was problematic and
victims often were intimidated into abandoning their cases. Trafficking
victims, especially those who were exploited sexually, faced societal
discrimination, particularly in their home villages and within their
own families, as a result of having been trafficked.
----------
CHINA
The People's Republic of China (PRC) is an authoritarian state in
which the Chinese Communist Party (CCP or Party) is the paramount
source of power. Party members held almost all top government, police,
and military positions. Ultimate authority rested with members of the
Politburo. Leaders stressed the need to maintain stability and social
order and were committed to perpetuating the rule of the CCP and its
hierarchy. Citizens lacked both the freedom to peacefully express
opposition to the party-led political system and the right to change
their national leaders or form of government. Socialism continued to
provide the theoretical underpinning of national politics, but Marxist
economic planning had given way to pragmatism, and economic
decentralization increased the authority of local officials. The
Party's authority rested primarily on the Government's ability to
maintain social stability; appeals to nationalism and patriotism; party
control of personnel, media, and the security apparatus; and continued
improvement in the living standards of most of the country's 1.3
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 interfered in the judicial process
and directed verdicts in many high-profile cases.
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 (PLA), and the state judicial, procuratorial, and penal
systems. Security policy and personnel were responsible for numerous
human rights abuses.
The country's transition from a centrally planned to a market-based
economy continued. Although state-owned industry remained dominant in
key sectors, the Government privatized many small and medium state-
owned enterprises (SOEs) and allowed private entrepreneurs increasing
scope for economic activity. Rising urban living standards, greater
independence for entrepreneurs, and the expansion of the nonstate
sector increased workers' employment options and significantly reduced
state control over citizens' daily lives. The country had large
industrial and agricultural sectors and was a leading producer of coal,
steel, textiles, and grains. Major exports included electronic goods,
toys, apparel, and plastics. The official gross domestic product growth
rate for the year was approximately 8 percent.
The country faced many economic challenges, including reform of
SOEs and the banking system, growing unemployment and underemployment,
the need to construct an effective social safety net, and growing
regional economic disparities. In recent years, between 80 and 130
million persons voluntarily left rural areas to search for better jobs
and living conditions in the cities, where they were often denied
access to government-provided economic and social benefits, including
education and health care. In the industrial sector, continued
downsizing of SOEs contributed to rising urban unemployment that was
widely believed to be higher than the officially estimated 7 percent,
with many sources estimating the actual figure to be 15 to 25 percent.
Income gaps between coastal and interior regions, and between urban and
rural areas, continued to widen. Urban per capita income in 2001 was
$830 and grew by 8.5 percent over the previous year, while rural per
capita income was $286 and grew by 4.2 percent. Official estimates of
the number of citizens living in absolute poverty showed little change
from the previous year, with the Government estimating that 30 million
persons lived in poverty and the World Bank, using different criteria,
estimating the number to be 100 to 150 million persons.
The Government's human rights record throughout the year remained
poor, and the Government continued to commit numerous and serious
abuses. However, the Government took some steps to address
international concerns about its human rights record during the year: A
number of prominent dissidents were released; senior representatives of
the Dalai Lama were allowed to visit the country; the Government agreed
to extend, without conditions, invitations to visit to the U.N. Special
Rapporteurs on Torture and Religious Intolerance and the U.N. Working
Group on Arbitrary Detention; reform of the legal system continued; and
the scope of religious activity allowed in Tibetan areas expanded
slightly. Late in the year, these positive developments were undermined
by arrests of democracy activists, the imposition of death sentences
without due process on two Tibetans, and the trials of labor leaders on
``subversion'' charges. Authorities were quick to suppress religious,
political, and social groups, as well as individuals, that they
perceived to be a threat to government power or to national stability.
Citizens who sought to express openly dissenting political and
religious views continued to face repression.
Abuses included instances of extrajudicial killings, torture and
mistreatment of prisoners, forced confessions, arbitrary arrest and
detention, lengthy incommunicado detention, and denial of due process.
Conditions at most prisons remained harsh. In many cases, particularly
in sensitive political cases, the judicial system denied criminal
defendants basic legal safeguards and due process because authorities
attached higher priority to suppressing political opposition and
maintaining public order than to enforcing legal norms or protecting
individual rights. The Government infringed on citizens' privacy
rights. The Government continued to implement its coercive policy of
restricting the number of children a family could have. The Government
maintained tight restrictions on freedom of speech and of the press;
self-censorship by journalists and writers also continued. The
Government continued and at times intensified its efforts to control
and monitor the Internet. The Government severely restricted freedom of
assembly and continued to restrict freedom of association and freedom
of movement. While the number of religious believers continued to grow,
government respect for religious freedom remained poor and crackdowns
against Muslim Uighurs, Tibetan Buddhists, and unregistered groups,
including underground Protestant and Catholic groups, continued. The
Government denied the United Nations High Commissioner for Refugees
(UNHCR) permission to operate along its border with North Korea and
deported thousands of North Koreans, many of whom faced persecution
upon their return. Citizens did not have the right peacefully to change
their government. The Government did not permit independent domestic
nongovernmental organizations (NGOs) to monitor human rights
conditions. Violence against women (including imposition of a birth
limitation policy coercive in nature that resulted in instances of
forced abortion and forced sterilization), prostitution, discrimination
against women, abuse of children, and discrimination against persons
with disabilities and minorities all were problems. In Xinjiang, where
security remained tight, human rights abuses intensified. The
Government continued to deny internationally recognized worker rights,
and forced labor in prison facilities remained a serious problem.
Trafficking in persons was a serious problem. The Government's
violation of internationally accepted human rights norms stemmed from
the authorities' extremely limited tolerance of public dissent, fear of
unrest, and the limited scope or inadequate implementation of laws
protecting basic freedoms.
The authorities released several prominent political prisoners
before their terms were over. Tibetans Ngawang Choephel, Jigme Sangpo,
Ngawang Sangdrol, Tenzin Thubten, Ngawang Choekyi, Ngawang Choezom and
Gyaltsen Drolkar were released early (see Tibet Addendum). Also
released was China Democracy Party co-founder Xu Wenli. Nonetheless, at
year's end several thousand others, including China Democracy Party co-
founders Wang Youcai and Qin Yongmin, Internet activists Yang Zili and
Huang Qi, Uighur businesswoman Rebiya Kadeer, journalist Jiang Weiping,
labor activist Liu Jingsheng, political activist Han Chunsheng,
Catholic Bishop Su Zhimin, house church leader Xu Guoxing, Tibetan nun
Phuntsog Nyidrol, Uighur historian Tohti Tunyaz, and political
dissident Yang Jianli, remained imprisoned or under other forms of
detention.
The judiciary was not independent, and the lack of due process in
the judicial system remained a serious problem. Few Chinese lawyers
were willing to represent criminal defendants. During the year,
defendants in only one of every seven criminal cases had legal
representation, according to credible reports citing internal
government statistics. A number of attorneys were detained for
defending their clients. The authorities routinely violated legal
protections in the cases of political dissidents and religious leaders
and adherents. Over 200,000 persons were serving sentences, not subject
to judicial review, in reeducation-through-labor camps. The country's
criminal procedures were not in compliance with international
standards, and new regulations and policies introduced in recent years
were not widely implemented. Some lawyers, law professors, and jurists
continued to press publicly for improvements of the criminal defense
system, including a more transparent system of discovery, abolition of
coerced confessions, a presumption of innocence, an independent
judiciary, the right to remain silent, mechanisms for judicial review,
appropriate protections for criminal defense lawyers, and improved
administrative laws giving citizens recourse against unlawful acts by
the Government.
Approximately 1,300 individuals were serving sentences under the
Law Against Counterrevolutionary Activity, a law that no longer
existed; many of these persons were imprisoned for the nonviolent
expression of their political views. Credible sources estimated that as
many as 2,000 persons remained in prison for their activities during
the June 1989 Tiananmen demonstrations. Since December 1998, at least
38 leaders of the China Democracy Party have been given long prison
sentences on subversion charges.
Throughout the year, the Government continued a national ``strike
hard'' campaign against crime, characterized by round-ups of suspects
who were sometimes sentenced in sports arenas in front of thousands of
spectators. At year's end, this campaign, which was originally
scheduled to last for 3 months at its inception in April 2001, showed
no signs of abating in some areas. Some dissidents, ``separatists,''
and underground church members were targeted. The campaign has been
especially harsh in Xinjiang, where those deemed to be ``splittists''
by the Government were targeted. As part of the campaign, officials
reportedly carried out over 4,000 executions during the year,
frequently without due process. Amnesty International reported that the
country executed more persons than all other countries combined.
Moreover, the actual number of persons executed likely was far higher
than the number of reported cases. The Government regarded the number
of death sentences it carried out as a state secret.
Many observers raised concerns about the Government's use of the
international war on terror as a justification for cracking down
harshly on suspected Uighur separatists expressing peaceful political
dissent and on independent Muslim religious leaders. According to
reports from Xinjiang's Uighur community, authorities continued to
search out and arrest Uighurs possessing written or recorded
information containing unapproved religious material. The human rights
situation in Tibet and in some ethnically Tibetan regions outside Tibet
also remained poor, and the Government continued to impose restrictions
on some forms of religious practice (see Tibet Addendum).
Labor protests occurred with increasing size and frequency. For
example, thousands of workers in the northeast protested such problems
as nonpayment of back wages, loss of benefits, reduced severance pay,
and managerial corruption. Leaders of the largest of these
demonstrations--Yao Fuxin, Xiao Yunliang, Wang Zhaoming, and Pang
Qingxiang--were detained by officials. Yao Fuxin and Xiao Yunliang were
charged with subversion after the Government alleged that the two had
made contact with international organizations and with the China
Democracy Party several years before the labor protests occurred.
While the number of religious believers in the country continued to
grow, some religious groups, including unregistered Protestant and
Catholic congregations and members of nontraditional religious groups,
continued to experience varying degrees of official interference,
harassment, and repression. However, other religious groups noted a
greater freedom to worship than in the past. The Government continued
to enforce regulations requiring all places of religious activity to
register with the Government or to come under the supervision of
official, ``patriotic'' religious organizations. In some areas,
authorities 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 religious adherents
remained in prison because of their religious activities. No progress
was made in improving relations between the Government and the Vatican,
although both sides claimed to be ready to resume negotiations aimed at
establishing diplomatic relations.
The Government continued its crackdown against the Falun Gong (FLG)
spiritual movement. Thousands of practitioners were incarcerated in
prisons, extrajudicial reeducation-through-labor camps, psychiatric
facilities or special deprogramming centers. FLG adherents conducted
far fewer public demonstrations than in past years, which some
observers attributed to the effectiveness of the Government's
crackdown. Several hundred Falun Gong adherents reportedly have died in
detention due to torture, abuse and neglect since the crackdown on
Falun Gong began in 1999.
The Government strictly regulated the establishment and management
of publications, controlled the broadcast media, censored foreign
television broadcasts, and at times jammed radio signals from abroad.
During the year, publications were disciplined for publishing material
deemed objectionable by the Government, and journalists, authors, and
researchers were harassed, detained, and arrested by the authorities.
Internet use continued to grow in the country, even as the Government
continued, and in some periods intensified, efforts to control and
monitor such use. During the year, the Government blocked many Web
sites, using increasingly sophisticated technology; led a drive to
close unlicensed Internet cafes, in part to address safety concerns
after a deadly fire; and urged Internet companies to pledge to censor
objectionable content. At year's end, the Committee to Protect
Journalists reported that 36 journalists were imprisoned in the
country, including 14 Internet journalists.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The official press
reported a number of extrajudicial killings, but no nationwide
statistics were available. During the year, deaths in custody due to
police use of torture to coerce confessions from criminal suspects
continued to be a problem. Several hundred Falun Gong adherents
reportedly have died in detention due to torture, abuse and neglect
since the crackdown on Falun Gong began in 1999. For example, Zheng
Fangying of Weifang, Shandong Province, was arrested in December 2001
after she tried to unfurl a pro-FLG banner in Beijing's Tiananmen
Square. Zheng was taken to a detention center where she was punched and
shocked with electric batons. Police released her after she staged an
18-day hunger strike. Three days later, she reportedly died from her
injuries at her home.
During the year, officials reportedly carried out over 4,000
executions after summary trials as part of a nationwide strike hard
campaign against crime. The actual number of persons executed likely
was far higher than the number of reported cases. Some foreign
academics estimated that as many as 10,000 to 20,000 persons are
executed each year. The Government regarded the number of death
sentences it carried out as a state secret.
Trials involving capital offenses often took place under
circumstances where the lack of due process or a meaningful appeal
bordered on extrajudicial killing. For example, according to domestic
press reports, 23 suspects in Harbin, Heilongjiang Province, were
sentenced to death in front of 5,000 spectators in April 2001. Seven of
the condemned were immediately taken to an execution ground where they
were shot.
b. Disappearance.--There were reports of temporary disappearances
during the year. For example, dissidents Wang Bingzhang, Zhang Qi and
Yue Wu were reported missing on June 26 in Vietnam. They were held
incommunicado and their whereabouts were unknown until December, when
Chinese authorities confirmed that the three were in China, where they
had been in custody for several months. Zhang Qi and Yue Wu were
released, but Wang Bingzhang was still in custody at year's end,
detained on charges of espionage and terrorism.
In addition, the Government has not provided a comprehensive,
credible accounting of all those missing or detained in connection with
the suppression of the 1989 Tiananmen demonstrations.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture; however, police and other
elements of the security apparatus employed torture and degrading
treatment in dealing with some detainees and prisoners. The Prison Law
forbids prison guards from extorting confessions by torture, insulting
prisoners' dignity, and beating or encouraging others to beat
prisoners. While senior Chinese officials acknowledged that torture and
coerced confessions were chronic problems, they did not take sufficient
measures to end these practices. Former detainees reported credibly
that officials used electric shocks, prolonged periods of solitary
confinement, incommunicado detention, beatings, shackles, and other
forms of abuse. Persons detained pending trial were particularly at
risk due to systemic weaknesses in the legal system and lack of
implementation of the Criminal Procedure Law. Reports of torture
increased during the ongoing strike hard campaign against crime in
which police were encouraged to achieve quick results.
During the year, deaths in custody due to police use of torture to
coerce confessions from criminal suspects continued to be a problem.
For example, Zeng Lingyun, a villager in Longxing Town, Chongqing
Municipality, was detained by public security personnel on July 26 on
suspicion of petty theft. On July 28, Zeng's family was informed that
Zeng had died. When they examined the body, they noticed extensive
bruises and a bullet wound. Local officials initially told Zeng's
family that he had been shot by police. They later claimed to be
investigating the case, but refused to answer questions posed by
foreign NGOs. As of year's end, the case had not been resolved. Since
the crackdown on Falun Gong began in 1999, there reportedly have been
several hundred deaths in custody of FLG adherents, due to torture,
abuse, and neglect. A 2001 pilot program in Liaoning Province, intended
to institute the right to remain silent in criminal trials as a way to
combat torture, was discontinued. In September 2000, the National
People's Congress (NPC) carried out an independent study of the use of
torture in Tianjin, Inner Mongolia, Heilongjiang, Zhejiang, Hebei, and
Shaanxi. The group discovered 221 cases of confessions coerced by
torture and 21 criminal suspects who died as a result of the torture.
During the year, there were many reports of persons, especially FLG
adherents, sentenced to psychiatric hospitals for expressing their
political or religious beliefs (see Section 1.d.).
Conditions in penal institutions for both political prisoners and
common criminals generally were harsh and frequently degrading.
Prisoners and detainees often were kept in overcrowded conditions with
poor sanitation, and their food often was inadequate and of poor
quality. Many detainees relied on supplemental food and medicines
provided by relatives, but some prominent dissidents reportedly were
not allowed to receive supplemental food or medicine from relatives.
According to released political prisoners, in many provinces it was
standard practice for political prisoners to be segregated from each
other and placed with common criminals. Released prisoners reported
that common criminals have beaten political prisoners at the
instigation of guards. However, some prominent political prisoners
received better than standard treatment.
The 1994 Prison Law was designed, in part, to improve treatment of
detainees and increase respect for their legal rights. Some prisoners
were able to use administrative procedures provided for in this law to
complain about prison conditions. The Government has created some
``model'' facilities, where inmates generally received better treatment
than those held in other facilities.
Adequate, timely medical care for prisoners continued 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 were often grim. Political prisoners who continued to
have difficulties in obtaining medical treatment, despite repeated
appeals on their behalf by their families and the international
community, included China Democracy Party co-founders Qin Yongmin and
Wang Youcai, labor activist Hu Shigen, Liberal Democratic Party
activist Kang Yuchun, labor activist Liu Jingsheng, and Uighur
businesswoman Rebiya Kadeer. Zhang Shanguang, who was serving a 10-year
sentence for disclosing news of labor demonstrations to Radio Free
Asia, suffered from tuberculosis. Prison officials in Xinjiang have not
allowed family members of businesswoman and prominent Uighur activist
Rebiya Kadeer to bring her medicine for heart disease since her arrest
in August 1999. Chinese authorities claimed Kadeer was in good health
and received special medical treatment, but others claimed that she
continued to be in poor health. There also were allegations that she
had been abused physically. Officials reportedly denied repeated
requests for her to be hospitalized. In July Hunan officials rearrested
political activist Li Wangyang, who had demanded that the Government
pay his medical bills to treat ailments he contracted while serving an
earlier 13-year prison sentence. However, in December the Government
released China Democracy Party co-founder Xu Wenli, who suffered from
Hepatitis B.
Conditions in administrative detention facilities, such as
reeducation-through-labor camps and ``custody and repatriation''
centers, were similar to those in prisons.
Forced labor in prisons and reeducation-through-labor camps was
common. At the Xinhua Reeducation-Through-Labor Camp in Sichuan
Province, inmates were forced to work up to 16 hours per day breaking
rocks or making bricks, according to credible reports. Former inmates
reported that there were several deaths from overwork, poor medical
care, and beatings by guards in 2000.
The Government did not permit independent monitoring of prisons or
reeducation-through-labor camps, and prisoners remained inaccessible to
international human rights organizations. By year's end, Chinese
officials had not announced any progress in talks with the
International Committee of the Red Cross (ICRC) on an agreement for
ICRC access to prisons. However, limited cooperation was renewed on the
U.S.-China Prison Labor Memorandum of Understanding, and U.S. officials
inspected one prison where prison labor had allegedly occurred (see
Section 6.c).
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention remained serious problems. The law permits authorities, in
some circumstances, to detain persons without arresting or charging
them, and persons may be sentenced administratively to up to 3 years in
reeducation-through-labor camps and other similar facilities without a
trial. Because the Government tightly controlled information, it was
impossible to determine accurately the total number of persons
subjected to new or continued arbitrary arrest or detention. Official
government statistics indicated that there were 230,000 persons in
reeducation-through-labor camps. According to a 2001 article by the
official news agency, 300 reeducation-through-labor facilities have
held more than 3.5 million prisoners since 1957. In addition, it was
estimated that before 1996 as many as 1.7 million persons per year were
detained in a form of administrative detention known as custody and
repatriation; the number of persons subject to this form of detention
reportedly has grown since 1996 to approximately 2 million per year.
The Government also confined some Falun Gong adherents and labor
activists to psychiatric hospitals. Although the crime of being a
``counterrevolutionary'' was removed from the criminal code in 1997,
western NGOs estimated that as many as 1,300 persons remained in prison
for the crime. Another 600 were serving sentences under the State
Security Law, which covers the same crimes as the repealed law on
``counterrevolution.''
In some cases, police could unilaterally detain a person for up to
37 days before releasing him or formally placing him under arrest. Once
a suspect is arrested, the Criminal Procedure Law allows police and
prosecutors to detain him for months before trial while a case is being
``further investigated.'' The Criminal Procedure Law stipulates that
authorities must notify a detainee's family or work unit of his
detention within 24 hours. However, in practice failure to provide
timely notification remained a serious problem, especially in sensitive
political cases. Under a sweeping exception, officials were not
required to provide notification if doing so would ``hinder the
investigation'' of a case. Police continued to hold individuals without
granting access to family members or lawyers, and trials continued to
be conducted in secret.
The Criminal Procedure Law does not address the reeducation-
through-labor system, which allows nonjudicial panels of police and
local authorities, called Labor Reeducation Committees, to sentence
persons to up to 3 years in prison-like facilities. The committees
could also extend an inmate's sentence for an additional year.
Defendants were legally entitled to challenge reeducation-through-labor
sentences under the Administrative Litigation Law. They could appeal
for a reduction in, or suspension of, their sentences; however, appeals
rarely were successful.
The Criminal Procedure Law also does not address the custody and
repatriation system, which allows authorities to detain persons
administratively without trial to ``protect urban social order.'' Until
they were returned to their home provinces, those detained were held in
custody and repatriation centers, and could be required to pay for the
cost of their detention and repatriation by working while in detention.
Persons who could be detained under this provision included the
homeless, the unemployed, petty criminals, Falun Gong practitioners,
persons without permission to live or work in urban areas, and, in some
provinces, additional categories of persons such as the mentally ill
and persons with mental disabilities. According to one report, as many
as 20 percent of those detained were children. If the location to which
they were to be repatriated could not be determined, or if they could
not be repatriated for financial reasons, persons could be sent to
``resettlement farms.'' Those unable to work could be sent to ``welfare
centers.'' Many other persons were detained in similar forms of
administrative detention, known as ``custody and education'' (for
prostitutes and their clients) and ``custody and training'' (for minors
who committed crimes). Persons could be detained for long periods under
these provisions, particularly if they could not afford to pay fines or
fees.
According to researchers, the country had 20 ``ankang''
institutions, high-security psychiatric hospitals for the criminally
insane, directly administered by the Ministry of Public Security (MPS).
Dissidents and other targeted individuals were housed with mentally ill
patients in these institutions. The regulations for committing a person
into an ankang psychiatric facility were not clear. Credible reports
indicated that a number of political and trade union dissidents,
``underground'' religious believers, persons who petitioned the
Government for redress of grievances, and hundreds of Falun Gong
adherents were incarcerated in such facilities during the year. For
example, political activist Wang Wanxing, originally held for trying to
unfurl a banner on Tiananmen Square to commemorate the third
anniversary of the June 4, 1989 massacre, was confined in a Beijing
ankang facility. Huang Jinchun, a judge in Beihai, fired from his job
and admitted to a psychiatric hospital in November 1999 for refusing to
renounce his belief in Falun Gong, also remained in an ankang facility
at year's end. He reportedly displayed no signs of mental illness but
was given daily injections of narcotics. According to NGO reports, more
than 30 persons were committed during the year to the Harbin
Psychiatric Hospital against their will after petitioning authorities
for redress of various personal grievances. In August The Royal College
of Psychiatrists sponsored a motion to expel China from the World
Psychiatric Association (WPA) for using psychiatric facilities to
incarcerate political prisoners; a decision was pending at year's end.
The campaign that began in 1998 against the China Democracy Party
(CDP), an opposition party, continued during the year. Scores of CDP
leaders, activists, and members were arrested, detained, or confined as
a result of this campaign. Since December 1998, at least 38 core
leaders of the CDP have been given severe punishments on subversion
charges. For example, Hu Mingjun and Wang Sen, CDP leaders in Sichuan,
were sentenced in May to 10- and 11-year sentences, respectively (see
Section 3). In what some experts described as an attempt by authorities
to tarnish the public image of the democracy movement, officials
accused a number of democracy activists of soliciting prostitutes,
distributing pornographic videos, or committing petty theft or other
crimes unrelated to their political activities. For instance, in
September Shanghai CDP activist Yao Zhenxiang was sentenced to 3 years
of reeducation-through-labor for soliciting prostitutes.
Immediately before and after the 16th Party Congress in November,
authorities rounded up a number of activists who had signed an open
letter calling for political reform and a reappraisal of the official
verdict on the 1989 Tiananmen massacre. At years end, a number of these
persons, including He Depu, Sang Jianchen, Zhao Changqing, Ouyang Yi,
Dai Xuezhong and Jiang Lijun, remained in detention.
The authorities also used laws on subversion, endangering state
security, and common crimes to arrest and imprison political
dissidents, activists, and others. Li Wangyang, released from prison in
June 2000 and rearrested on subversion charges in May 2001, was
sentenced to 10 years in prison in September 2001 for ``incitement to
subvert state power.'' Li had served 11 years in prison for his role in
presiding over the Shaoyang Workers Autonomous Federation, a Tiananmen-
era free trade union.
Police sometimes detained relatives of dissidents (see Section
2.a.).
Persons critical of official corruption or malfeasance also
frequently were threatened, detained, or imprisoned. On January 25,
Jiang Weiping, who had written a series of articles exposing official
corruption, was sentenced to 8 years in prison for ``subverting state
power'' (see Section 2.a.).
The police continued to target minority activists. As part of the
nationwide strike hard campaign, many seeking to express legitimate
political grievances or views were labeled splittists or separatists.
For example, Xinjiang official Abulahat Abkurixit told the newspaper
Xinjiang Legal in April 2001 that authorities would use the campaign to
strike at Muslim separatists and illegal religious activities. After a
January incident in which a jobless worker read a poem at the end of a
concert in the Xinjiang People's Hall in Urumqi that allegedly
obliquely advocated a separate Uighur state, Abkurixit further
announced that artists, writers, performers, historians, and others who
advocated separatism through art would be strike hard targets. As part
of the campaign, local courts in Xinjiang meted out death sentences or
long prison terms to those persons accused of separatist activity. In
November 2001, Abdehelil Zunun, who had translated the Universal
Declaration of Human Rights into Uighur, was sentenced to 20 years in
prison. In early 2000, a court sentenced Uighur businesswoman Rebiya
Kadeer to 8 years in prison for passing ``state intelligence''
information to foreigners. The state intelligence she was accused of
attempting to pass consisted of newspaper articles published in the
official press and a list of individuals whose cases had been handled
by judicial organs.
The strike hard campaign was characterized by large-scale
sentencing rallies and parades of condemned prisoners through the
streets of major cities, followed by public executions. More than 4,000
persons reportedly were executed as part of the strike hard campaign
during the year. According to local newspapers, on June 29, in Toksu
County, Xinjiang, 5,000 persons attended a public sentencing rally in
which 13 suspects were arrested on the spot, 6 common criminals were
sentenced to 2 to 7 year terms, and 5 political offenders were
sentenced to 3 to 5 year terms. The rally concluded when three
brothers, Turdi, Muhammad, and Imin Hashim, were sentenced to death for
killing two persons and executed the next day. In November harsh
sentences were given to 28 Uighurs accused of separatist and terrorist
activities at a combined Aksu and Uchturpan county mass rally. In April
2001, local newspapers in Sichuan Province reported that more than
3,000 criminals were sentenced publicly in 123 rallies held across the
province. Of those more than 900 were ``severely punished,'' a category
that includes the death sentence and lengthy prison terms.
Journalists also were detained or threatened during the year, often
for reporting on subjects that met with the Government's or the local
authorities' disapproval (see Section 2.a.).
Local authorities used the Government's campaign against cults to
detain and arrest large numbers of religious practitioners and members
of spiritual groups (see Section 2.c.).
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 Procedure Law,
the State Compensation Law, the Administrative Procedure Law, and
others. A number of citizens used the State Compensation Law, which
provides a legal basis for citizens to recover damages for illegal
detentions, to sue the Government for damages. According to a March 12
China Youth Daily article, in 2001 courts nationwide handled 6,753 such
cases, and compensation was granted in 777 cases. Legal experts
acknowledged that the introduction of the new law was a positive step
but called on the Government to increase the amount of compensation
provided to victims.
The law neither provides for a citizen's right to repatriate nor
otherwise addresses exile. The Government continued to refuse reentry
to numerous citizens who were dissidents and activists. For example,
Chinese consular officers repeatedly refused U.S.-based dissident Yang
Jianli's requests for a renewal of his passport.
The Government's refusal to permit some former reeducation-through-
labor camp inmates to return to their homes constituted a form of
internal exile.
e. Denial of Fair Public Trial.--The Constitution states that the
courts shall, in accordance with the law, exercise judicial power
independently, without interference from administrative organs, social
organizations, and individuals. However, in practice the judiciary
received policy guidance from both the Government and the Party, whose
leaders used a variety of means to direct courts on verdicts and
sentences, particularly in politically sensitive cases. At both the
central and local levels, the Government and the CCP frequently
interfered in the judicial system and dictated court decisions.
Corruption and conflicts of interest also affected judicial
decisionmaking. Judges were appointed by the people's congresses at the
corresponding level of the judicial structure, which sometimes resulted
in local politicians exerting undue influence over the judges they
appointed.
The Supreme People's Court (SPC) is the highest body of the
criminal and civil court system, followed in descending order by the
higher, intermediate, and basic people's courts. There were special
courts for handling military, maritime, and railway transport cases.
Corruption and inefficiency in the judicial system were serious
problems. Safeguards against corruption were vague and poorly enforced.
According to Zhu Mingshan, Vice President of the SPC, in 2001 114
presidents of local courts had to make self-criticisms for ``errors''
ranging from nepotism to a lack of due diligence in supervising corrupt
subordinates. In 2001 the SPC punished 1,292 judges for violating party
or administrative regulations, while 46 were prosecuted for violating
the law.
In recent years, the Government has taken steps to correct systemic
weaknesses in the judicial system and to make the system more
transparent and accountable to public scrutiny. In 1999 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. In practice, many trials were
not open. Several courts reportedly did open their proceedings to the
public as required by law. The legal exception for cases involving
state secrets, privacy, and minors was used to keep politically
sensitive proceedings closed to the public and closed even to family
members in some cases. Under the new regulations, ``foreigners with
valid identification'' are to be allowed the same access to trials as
citizens. As in past years, foreign diplomats and journalists sought
permission to attend a number of trials only to have court officials
reclassify them as ``state secrets'' cases, thus rendering them closed
to the public. Since 1998 trials have been broadcast, and court
proceedings have become a regular television feature. In 2000 courts in
Shanghai became the first to publish verdicts on the Internet.
Lawsuits against the Government continued to increase as a growing
number of persons used the court system to seek legal recourse against
government malfeasance. In 1998, the last year for which statistics
were available, Chinese citizens brought almost 98,000 cases against
the Government, a 10-fold increase from 1989. The Beijing Higher
People's Court reported that when Beijing citizens sued the Government,
citizen plaintiffs won in 23 percent of cases (832 of 3,632) between
1990 and 1999. In addition, a large percentage of such cases were
settled out of court. The term ``administrative omission'' refers to
cases in which government organizations do not respond or delay
response to applications lodged by citizens. According to SPC
statistics, the number of administrative omission lawsuits filed by
individuals against government organizations rose 7.6 times between
1990 and 1998. In July the SPC established guidelines, which went into
effect on October 1, setting out the rights of litigants to access
government files to facilitate lawsuits against government bodies.
Although some plaintiffs have successfully filed suit against the
Government, decisions of any kind in favor of dissidents remained rare.
In particular, appeals of prison sentences by dissidents rarely were
granted.
Court officials continued efforts to enable the poor to afford
litigation by exempting, reducing, or postponing court fees. In 2001
the courts reduced, exempted or postponed more than $100 million (RMB
839 million) in litigation costs for more than 300,000 litigants.
According to the SPC's annual report to the NPC, in 2001 the
country's courts handled 5,927,660 cases, 730,000 of which were
criminal cases, a 33 percent increase over the previous year, as well
as more than 100,000 appeals of administrative decisions. According to
the report, more than 340,000 criminal cases were adjudicated in 2001,
and more than 150,000 criminal defendants were sentenced to jail terms
of 5 years or more, life imprisonment, or death, a 15 percent increase
over 2000 that may be due to the ongoing strike hard campaign.
Police and prosecutorial officials often ignored the due process
provisions of the law and of the Constitution. For example, police and
prosecutors subjected many prisoners to severe psychological pressure
to confess, and coerced confessions frequently were introduced as
evidence. The Criminal Procedure Law forbids the use of torture to
obtain confessions but does not expressly bar the introduction of
coerced confessions as evidence. Defendants who failed to show the
correct attitude by confessing their crimes received harsher sentences.
During the year, the conviction rate in criminal cases remained at
approximately 90 percent, and trials generally were little more than
sentencing hearings. In practice criminal defendants only were assigned
an attorney once a case was brought to court; some observers noted that
at this point, it was too late for an attorney to assist a client in a
meaningful way, since the verdict often had already been decided. The
best that a defense attorney generally could do for a client was to get
a sentence mitigated. In many politically sensitive trials that rarely
lasted more than several hours, the courts handed down guilty verdicts
immediately following proceedings. There was an appeals process, but in
practice appeals rarely resulted in reversed verdicts.
The lack of due process was particularly egregious in death penalty
cases. There were 65 capital offenses, including financial crimes such
as counterfeiting currency, embezzlement, and corruption, as well as
some other property crimes. A higher court nominally reviewed all death
sentences, but the time between arrest and execution was often days and
sometimes less, and reviews consistently resulted in the confirmation
of sentences. Minors and pregnant women were expressly exempt from the
death sentence. The strike hard campaign begun in April 2001 was
characterized by mass arrests, lack of due process, and summary public
executions of several thousand persons (see Section 1.d.). In December
an appeals court upheld death sentences against Tibetans Tenzin Delek
Rinpoche and Lobsang Dhondup, who were arrested and sentenced earlier
in the year for alleged involvement in a series of bombings in Sichuan.
The two men's trials were closed to the public on ``state secrets''
grounds. Many observers expressed serious concerns about the lack of
due process.
The revised Criminal Procedure Law, which took effect in 1997,
gives most suspects the right to seek legal counsel shortly after their
initial detention and interrogation. However, police often used
loopholes in the law to circumvent a defendant's right to seek counsel,
and political activists in particular rarely succeeded in obtaining
competent legal representation of their own choosing. In some cases,
defendants and lawyers in politically sensitive cases were not allowed
to speak during trials. Even in nonsensitive trials, criminal defense
lawyers frequently had little access to their clients or to evidence to
be presented during the trial.
The Criminal Procedure Law also falls short of international
standards in many other respects. For example, it has insufficient
safeguards against the use of evidence gathered through illegal means,
such as torture. Its appeals process failed to provide sufficient
avenue for review, and there were inadequate remedies for violations of
defendants' rights. In some cases, police could detain unilaterally a
person for up to 37 days before releasing him or formally placing him
under arrest. Once a suspect was arrested, the law allowed police and
prosecutors to detain him for months before trial while a case was
``further investigated.'' Detained criminal suspects, defendants, their
legal representatives, and close relatives were entitled to apply for a
guarantor to enable the suspect or defendant to await trial out of
custody; however, in practice few suspects were released on bail
pending trial. Also, in state secrets cases, the 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,
vague, and subject to independent interpretation by police,
prosecutors, and judges, throughout the various stages in a criminal
case.
Furthermore, under the law, there is no right to remain silent, no
right against double jeopardy, and no law governing the type of
evidence that may be introduced. The mechanism that allows defendants
to confront their accusers was inadequate; according to one expert,
only 1 to 5 percent of trials involved witnesses. Accordingly, most
criminal ``trials'' consisted of the procurator reading statements of
witnesses whom neither the defendant nor his lawyer ever had an
opportunity to question. Defense attorneys have no authority to compel
witnesses to testify.
Anecdotal evidence indicated that implementation of the Criminal
Procedure Law remained uneven and far from complete, especially in
politically sensitive cases. Differing interpretations of the law taken
by different judicial and police departments and various implementing
regulations contributed to contradictory as well as incomplete
implementation. The SPC, 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 NPC issued
supplementary implementing regulations to address some of these
weaknesses.
Defendants in sensitive political cases frequently found it
difficult to find an attorney. Defendants in only one of every seven
criminal cases had legal representation, according to credible reports
citing internal government statistics. government-employed lawyers
still depended on official work units for employment, housing, and
other benefits, and therefore many were reluctant to represent
politically sensitive defendants. The percentage of lawyers in the
criminal bar reportedly declined from 3 percent in 1997 to 1 percent in
2001. However, there were no new reports of the Government revoking the
licenses of lawyers representing political defendants, as it sometimes
had done in the past.
Lawyers who tried to defend their clients aggressively continued to
face serious intimidation and abuse by police and prosecutors. For
example, according to Article 306 of the Criminal Law, defense
attorneys could be held responsible if their clients commit perjury,
and prosecutors and judges in such cases have wide discretion in
determining what constitutes perjury. On May 3, Zhang Jianzhong, head
of the lawyers' rights committee of the Beijing Lawyers' Association,
was detained on such charges and denied the right to counsel. Chinese
legal scholars almost uniformly criticized Zhang's detention and
claimed he was singled out for being too effective at representing
criminal defendants. According to sources at the All-China Lawyers
Association, since 1997 more than 400 defense attorneys have been
detained on similar perjury charges. Ma Wenlin, a legal advisor in
Zizhou County, Shaanxi, continued to serve a 5-year sentence for
``disturbing the social order'' for having represented peasants in a
legal action to reduce taxes. During the year, state secrets arrests
and prosecutions were used by officials to suppress political dissent
and social advocacy and to intimidate criminal defense lawyers.
Lawyers' professional associations called for better protection of
lawyers and their legitimate role in the legal process.
In recent years, the Ministry of Justice (MOJ) has drafted
regulations to standardize professional performance, lawyer-client
relations, and the administration of lawyers and law firms. The
regulations set educational requirements for legal practitioners,
encourage free legal services for the general public, grant lawyers
formal permission to establish law firms, and provide for the
disciplining of lawyers. A growing number of lawyers organized private
law firms that were self-regulating and did not have their personnel or
budgets determined directly by the State. More than 60 legal aid
organizations, many of which handled both criminal and civil cases,
have been established around the country, and the MOJ established a
nationwide legal services hot line. Government officials also stated
that there were insufficient numbers of lawyers to meet the country's
growing needs.
The Supreme People's Court, Procuratorate, and the MOJ jointly
released a notice in December 2001 stipulating that only those persons
who passed an exam and obtained a ``Certificate of Legal Profession''
could apply for a lawyer's license or serve as a judge or a prosecutor.
The regulation entered into force on January 1 but was not widely
enforced in practice. In March the first exam was administered. New
regulations passed during the year require new judges to pass both a
national and a provincial examination and receive specialized training
before they could be appointed. Recent regulations also require
judicial or prosecutorial appointees to be law school graduates who
have practiced law for at least 2 years or postgraduates who have
practiced law for at least 1 year. In July SPC President Xiao Yang
announced that the Government would trim the number of judges over the
next few years to raise professional standards. Coupled with other
reforms, the SPC set up a new rank-in-person system with 1 Chief Grand
Justice, 41 Grand Justices, 30,000 senior judges, and 180,000 normal
judges across the country. However, there were still a great number of
sitting judges and procurators, often in positions of authority, who
were appointed to their positions before these reforms were enacted and
who had little or no legal training.
During the year, some lawyers, law professors, and jurists
continued publicly to press for faster and more systemic legal reform.
Major newspapers and legal journals called for the introduction of a
more transparent system of discovery, the abolition of coerced
confessions, a legal presumption of innocence, an independent
judiciary, improved administrative laws, and adoption of a plea
bargaining system. During the year, Western scholars and journalists
also criticized shortcomings of the justice system, such as the use of
psychiatric facilities to house political or religious dissidents,
absence of legal provisions specifically guaranteeing a suspect's right
to remain silent, coerced confessions, torture, and the presumption of
guilt.
Government officials denied holding any political prisoners,
asserting that authorities detained persons not for their political or
religious views but because they violated the law; however, the
authorities continued to confine citizens for reasons related to
politics and religion. Thousands of political prisoners remained
incarcerated, some in prisons and others in labor camps.
The 1997 Criminal Law replaced ``counterrevolutionary'' offenses,
which, in the past, often had been used against political activists,
with loosely defined provisions barring ``crimes endangering state
security.'' Persons detained for counterrevolutionary offenses included
labor activist Hu Shigen, Liberal Democratic Party member Kang Yuchun,
and June 4, 1989, dissidents Yu Zhijian, Zhang Jingsheng, and Sun
Xiongying. Several foreign governments urged the Government to review
the cases of those charged before 1997 with counterrevolution, since
the crime was no longer on the books, and to release those who had been
jailed for nonviolent offenses under the old statute. Officials
indicated that a case-by-case review of appeals filed by individual
prisoners was possible under the law, and there was one known case of a
successful appeal. However, the Government also indicated that it would
neither initiate a comprehensive review of cases nor grant a general
amnesty, arguing that there was no law on retroactive decriminalization
and that the law against endangering state security covered the same
crime. Approximately 1,300 persons remained in prison for the crime.
Amnesty International has identified 211 persons who remained
imprisoned or on medical parole for their participation in the 1989
Tiananmen demonstrations; other NGOs estimated that as many as 2,000
persons remained in prison for their actions at that time.
The Government released several political prisoners early,
including Tibetans Ngawang Choephel, Jigme Sangpo, Ngawang Sangdrol,
Tenzin Thubten, Ngawang Choekyi, Ngawang Choezom and Gyaltsen Drolkar,
and China Democracy Party co-founder Xu Wenli. However, many others,
including China Democracy Party co-founders Wang Youcai and Qin
Yongmin, Internet activists Yang Zili and Huang Qi, Uighur
businesswoman Rebiya Kadeer, journalist Jiang Weiping, labor activist
Liu Jingsheng, political activist Han Chunsheng, Catholic Bishop Su
Zhimin, house church leader Xu Guoxing, Tibetan nun Phuntsog Nyidrol,
Uighur historian Tohti Tunyaz, and political dissident Yang Jianli
remained imprisoned or under other forms of detention during the year.
Political prisoners generally benefited from parole and sentence
reduction at significantly lower rates than ordinary prisoners.
Criminal punishments could include ``deprivation of political
rights'' for a fixed period after release from prison, during which the
individual is denied the rights of free speech and association granted
to other citizens. Former prisoners also sometimes found 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 still were subjected to police
surveillance, telephone wiretaps, searches, and other forms of
harassment, and some encountered difficulty in obtaining or keeping
employment and housing.
Officials confirmed that executed prisoners were among the sources
of organs for transplant but maintained that consent was required from
prisoners or their relatives in advance of the procedure. There was 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. There were no reliable statistics on how many
organ transplants occurred each year using organs from executed
prisoners, but according to press reports, hundreds of persons from
other countries who were unable to obtain transplants at home travel to
the country each year for organ transplants. Recipients reported paying
for the transplants, and some reported that treatment could be
terminated or delayed for a lack of funds or a delay in payment.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Constitution states that the ``freedom and privacy
of correspondence of citizens are protected by law''; however, the
authorities often did not respect the privacy of citizens in practice.
Although the law requires warrants before law enforcement officials can
search premises, this provision frequently was ignored; moreover, the
Public Security Bureau and the Procuratorate could issue search
warrants on their own authority. During the year, authorities monitored
telephone conversations, facsimile transmissions, e-mail, and Internet
communications. Authorities also opened and censored domestic and
international mail. The security services routinely monitored and
entered residences and offices to gain access to computers, telephones,
and fax machines. Government security organs monitored and sometimes
restricted contact between foreigners and citizens. All major hotels
had a sizable internal security presence, and hotel rooms were
sometimes searched for sensitive materials.
In urban areas, many persons depended on government-linked work
units for housing, healthcare, 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
and political control, and government interference in daily personal
and family life continued to decline for most citizens. In many areas,
citizens still were required to apply for government permission before
having a child, and the Government continued to restrict the number of
births.
Some dissidents were under heavy surveillance and routinely had
their telephone calls monitored. The authorities blocked some
dissidents from meeting with foreigners during politically sensitive
periods. Police in Beijing ordered several dissidents not to meet with
Western journalists or foreign diplomats during the visits of high-
level foreign officials. The authorities also confiscated money sent
from abroad that was intended to help dissidents and their families.
Major political events and visits by high-ranking foreign officials
routinely sparked round-ups of dissidents. For example, immediately
before and after the 16th Party Congress in November, authorities
detained a number of activists who had signed an open letter calling
for political reform and a reappraisal of the official verdict on the
1989 Tiananmen massacre (see Section 1.d.).
Authorities also harassed relatives of dissidents and monitored
their activities. Security personnel kept close watch on relatives of
prominent dissidents, especially during sensitive periods. For example,
security personnel followed the wife of Xu Wenli to meetings with
Western reporters and diplomats on numerous occasions. Dissidents and
their family members routinely were warned not to speak with the
foreign press. Police sometimes detained the relatives of dissidents
(see Section 2.a.).
Official poverty alleviation programs and major state projects,
such as environmental and reforestation programs, have included forced
relocation of persons to new residences. The Government estimated that
by the completion of the Three Gorges Dam, at least 1.2 million people
will have been relocated for this project alone.
The Government codified its comprehensive birth planning policies,
which include coercive elements intended to limit births. The State
Family Planning Commission (SFPC), with a staff of 400,000, enforces
the law and formulates and implements policies with assistance from the
Birth Planning Association, which had 83 million members working part-
time at 1 million branches nationwide.
The new Population and Family Planning Law, the country's first
formal law on this subject, entered into force on September 1. The law
is intended to standardize the implementation of the Government's birth
limitation policies. The law grants married couples the right to have a
single child and allows eligible couples to apply for permission to
have a second child if they meet conditions stipulated in local and
provincial regulations. Many existing provincial regulations require
women to wait 4 years or more after their first birth before making
such an application. The law requires counties to use quotas or other
measures to limit the total number of births in each county. The law
further requires couples to employ birth control measures and,
according to a 2001 SFPC survey, over half of the couples subject to
this requirement did not choose their birth control method themselves.
The law requires couples who have an unapproved child to pay a ``social
compensation fee'' and grants preferential treatment to couples who
abide by the birth limits. Although the law states that officials
should not violate citizens' rights, neither those rights nor the
penalties for violating them are defined. In contrast, the law provides
significant and detailed sanctions for officials who help people evade
the birth limitations.
The law delegates to the provinces the responsibility of drafting
implementing regulations, including establishing a scale for assessment
of social compensation fees, but State Council Decree 357 provides
general principles to guide local authorities. This decree also
requires birth planning officials to obtain court approval for taking
``forcible'' action, such as confiscation of property, against families
that refuse to pay social compensation fees.
A strict one-child limit applied in the cities, except for couples
meeting certain conditions (e.g., both parents are only children). In
most rural areas (including towns of under 200,000 people), where
almost two-thirds of citizens lived, the policy was often relaxed to a
``1+1'' limit, generally allowing only one child, but permitting a
second if the first was a girl. Families whose first child is disabled
also were allowed to have another child. In some other, generally
poorer, rural areas, couples were permitted to have two children.
Ethnic minorities, such as Muslim Uighurs and Tibetans, were subject to
less stringent population controls; however, authorities increasingly
pressured minorities to limit births to the same number as Han Chinese.
In remote areas, limits generally were not enforced, except on
government employees and party members.
Local officials, caught between pressures from superiors to show
declining birth rates, and from local citizens to allow them to have
more than one child, frequently made false reports. The SFPC estimated
fertility at 1.8 births per woman, a figure roughly confirmed by the
2000 census, and claimed that the yearly growth rate of the population
has dropped to less than 1 percent per year. However, many Chinese and
international demographers estimated the fertility rate to be up to
2.0-2.3 births per woman.
Authorities continued to reduce the use of targets and quotas,
although approximately 2,000 of the country's 2,800 counties continued
to use such measures. Authorities using the target and quota system
required each eligible married couple to obtain government permission
before the woman becomes pregnant. Only a limited number of such
permits were made available each year, so couples who did not receive a
permit were required to wait at least a year before obtaining
permission. Counties that did not employ targets and quotas allowed
married women of legal child-bearing age to have a first child without
prior permission.
The country's population control policy relied on education,
propaganda, and economic incentives, as well as on more coercive
measures such as the threat of job loss or demotion and social
compensation fees. Psychological and economic pressure were very
common; during unauthorized pregnancies, women sometimes were visited
by birth planning workers who reminded the parents of their potential
liability to pay the social compensation fees. The fees were assessed
at widely varying levels and were generally extremely high, sometimes
equaling several years' wages for an average worker. Additional
disciplinary measures against those who violated the limited child
policy by having an unapproved child or helping another to do so
included the withholding of social services, higher tuition costs when
the child goes to school, job loss or demotion, loss of promotion
opportunity for 1 or more years, expulsion from the Party (membership
in which was an unofficial requirement for certain jobs), and other
administrative punishments, including in some cases the destruction of
property. Government employees were particularly vulnerable to loss of
employment when they had a child without permission. In many provinces,
penalties for excess births in an area also can be levied against local
officials and the mother's work unit, creating multiple sources of
pressure. These Draconian penalties sometimes left expecting mothers
with little choice but to undergo abortion or sterilization.
According to previously published 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 device (IUD)
or implant. The regulations further require that women who use an IUD
undergo quarterly exams to ensure that it remains properly in place.
Rewards for couples who adhere to birth limitation laws and policies
include monthly stipends and preferential medical and educational
benefits. In some counties, women of childbearing age were required
periodically to undergo pregnancy tests. In the cases of families that
already have two children, one of the parents is ``encouraged'' to
undergo sterilization. According to a credible report, the number of
couples undergoing sterilization procedures after giving birth to two
children increased significantly in at least one province. In another
province, rules state that ``unplanned pregnancies must be aborted
immediately.''
At the same time, the Government maintained that due to economic
development and other factors such as small houses, both parents
working full-time, and high education expenses, couples in major urban
centers often voluntarily limited their families to one child. There
were indications in recent years that, due to the effectiveness of the
one-child policy in urban areas, the Government was beginning to relax
its policies in the cities.
The new Population and Family Planning Law delegates to the
provinces the responsibility of implementing appropriate regulations to
enforce the law. By year's end, several had amended their regulations.
Anhui Province, for example, passed a law permitting 13 narrow
categories of couples, including coal miners, some remarried divorcees,
and some farm couples, to have a second child. The law does not require
such amendments, however, unless existing regulations conflict with it.
Existing regulations requiring sterilization in certain cases, or
mandatory abortion, are not contradicted by the new law, which says
simply that compliance with the birth limits should ``mainly'' be
achieved through the use of contraception.
Central government policy formally prohibits the use of physical
coercion to compel persons to submit to abortion or sterilization.
However, intense pressure to meet birth limitation targets set by
government regulations has resulted in instances in which local birth
planning officials reportedly have used physical coercion to meet
government goals. Because it is illegal, the use of physical coercion
was difficult to document, even for government authorities. Still, it
was believed that some isolated incidences may persist, even as the
frequency of such cases was believed to be declining. One documented
case in 2000 resulted in the arrest and punishment of the involved
officials.
Senior officials stated repeatedly that the Government ``made it a
principle to ban coercion at any level,'' and the SFPC has issued
circulars nationwide prohibiting birth planning officials from coercing
women to undergo abortions or sterilization against their will.
However, the Government does not consider social compensation fees and
other administrative punishments to be coercive. Under the State
Compensation Law, citizens also may sue officials who exceed their
authority in implementing birth planning policy, and in a few
instances, individuals have exercised this right.
Corruption related to social compensation fees was a widespread
problem. In response, State Council Decree 357 established during the
year that collected ``social compensation fees'' must be submitted
directly to the National Treasury, rather than retained by local birth
planning authorities. During the year, SFPC officials reported that
they responded to more than 10,000 complaints against local officials.
From 1998 through 2002, the U.N. Population Fund (UNFPA) conducted
a 4-year pilot project in 32 counties. Under this program, local birth
planning officials emphasized education, improved reproductive health
services, and economic development, and they dropped the target and
quota systems for limiting births. 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. However,
these counties retained the birth limitation policy, including the
requirement that couples employ effective birth control methods, and
enforced it through other means, such as social compensation fees.
In order to delay childbearing, the Marriage Law sets the minimum
age at marriage for women at 20 years, and for men at 22 years.
Although it continued to be illegal in almost all provinces for a
single woman to bear a child, during the year Jilin Province passed a
law making it legal, within the limits of the birth limitation law, for
an unmarried woman who ``intends to remain single for life'' to have a
child.
Laws and regulations forbid the termination of pregnancies based on
the sex of the fetus, but because of the intersection of birth
limitations with the traditional preference for male children,
particularly in rural areas, many families used ultrasound technology
to identify female fetuses and terminate pregnancies (see Section 5).
The use of ultrasound for this purpose is prohibited specifically by
the Population Law and by the Maternal and Child Health Care Law, both
of which mandate punishment of medical practitioners who violate the
provision. According to the SFPC, a few doctors have been charged under
these laws. However, enforcement of this provision has been rare. The
most recent official figures, from November 2000, put the overall male
to female birth ratio at 116.9 to 100 (as compared to the statistical
norm of 106 to 100). For second births, the national ratio was 151.9 to
100. The skewed ratio was also thought in part to reflect
underregistration of female children whose parents wished to avoid
paying social compensation fees. Because the Maternal and Child Health
Law mandates that medical facilities provide basic child health
services, including immunization, to all children regardless of
registration status, parents could delay registration of female
children until it was necessary for enrollment in education programs.
Such underregistration was common among rural parents, but parents
often later were forced to pay the fee in order to give the children
access to schooling and other social benefits.
The Maternal and Child Health Care Law requires premarital and
prenatal examinations in part 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 law recommends abortion or sterilization in some cases.
The law states that patients or their guardians must give written
consent for such procedures, but lack of informed consent was a general
problem in the practice of medicine in the country. There have been
numerous cases in which informed consent cards have been forged or were
not obtained in the administration of medical tests and medical trials.
However, specific information was not available regarding the obtaining
of informed consent for sterilization procedures. In practice, however,
most regions of the country still did not have the medical capacity to
determine accurately the likelihood of passing on debilitating genetic
diseases.
As of 2001, the China Psychiatric Association no longer listed
homosexuality as a mental illness. Many Chinese gays and lesbians saw
the move as a sign of increased tolerance. Nonetheless, most gatherings
of gays and lesbians still took place clandestinely.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution states that
freedom of speech and freedom of the press are fundamental rights to be
enjoyed by all citizens; however, the Government tightly restricted
these rights in practice. The Government interpreted the Party's
``leading role,'' as mandated in the preamble to the Constitution, as
circumscribing these rights. The Government strictly regulated the
establishment and management of publications. The Government did not
permit citizens to publish or broadcast criticisms of senior leaders or
opinions that directly challenge Communist Party rule. The Party and
government continued to control many and, on occasion, all print and
broadcast media tightly and used them to propagate the current
ideological line. All media employees were under explicit, public
orders to follow CCP directives and ``guide public opinion,'' as
directed by political authorities. Both formal and informal guidelines
continued to require journalists to avoid coverage of many politically
sensitive topics. The State Security Law forbids journalists from
divulging state secrets. These public orders, guidelines, and statutes
greatly restricted the freedom of broadcast journalists and newspapers
to report the news and led to a high degree of self-censorship. The
Government continued an intense propaganda campaign against the Falun
Gong.
Some dissidents remained active and continued to speak out, despite
the Government's restrictions on freedom of speech. For instance, AIDS
activist Wan Yanhai publicly continued to press the Government for more
transparency in the fight against HIV/AIDS despite being detained by
the authorities for 27 days in August and September. Labor lawyer Zhou
Litai continued to draw attention to the plight of Chinese workers,
despite harassment by local officials in Shenzhen. Members of the China
Democracy Party continued to issue public statements calling for
political reform and for President Jiang Zemin to step down. In March
114 relatives of victims of the 1989 Tiananmen Square massacre, led by
activist Ding Zilin, sent an open letter to the nearly 3,000 members of
the NPC asking that the NPC's chairman, Li Peng, be put on trial for
his role in the massacre.
Immediately before and after the 16th Party Congress in November,
authorities rounded up a number of activists who had signed an open
letter calling for political reform and a reappraisal of the official
verdict on the 1989 Tiananmen massacre. At year's end, a number of
these persons remained in detention (see Section 1.d.).
However, the Government continued to threaten, arrest and imprison
persons exercising free speech. In March Li Yanling, wife of imprisoned
journalist Jiang Weiping, was detained by Dalian officials for having
written a letter to President Jiang Zemin calling for her husband's
release from prison. In August the International Confederation of Trade
Unions (ICFTU) formally filed a complaint with the International Labor
Organization (ILO) criticizing the detention of labor activist Di
Tiangui. Di has been detained by Taiyuan police since June 1 for trying
to set up an organization for retired workers.
Although there were a few privately owned print publications, all
articles had to be vetted by the authorities before publication. There
were no privately owned television or radio stations, and all
programming had to be approved by the Government. Commercial program
producers sought to expand the limits of broadcast content.
With the Government's consent and sometimes open support, the press
published some stories related to citizens' rights, legal reform,
official corruption, and official misconduct and gross abuses,
particularly by law enforcement officials. For example, a number of
newspapers, including the English-language China Daily, were very
critical of an official letter issued in August by public security
officials in Lanzhou, Gansu Province, claiming that anticorruption
stories written by local newspaper reporters damaged the image of the
police.
However, newspapers could not report on corruption without
government and party approval, and publishers published such material
at their own risk. In recent years, journalists and sometimes editors
were harassed, detained, threatened, and even imprisoned for reporting
on subjects that met with the Government's or local authorities'
disapproval, including corruption. During the year, journalists and
editors who exposed corruption scandals frequently faced problems with
the authorities, and the Government continued to close down
publications and punish journalists for printing material deemed too
sensitive. On January 25, Jiang Weiping, formerly a reporter for the
Hong Kong-based Wen Wei Bao newspaper and the official Xinhua news
agency, was sentenced to 8 years in prison for ``subverting state
power.'' Jiang had written a series of articles exposing official
corruption in Dalian, Shenyang, and Daqing. On March 24, Beijing
photographer Yang Wei was assaulted by employees of a local company
after they discovered he was working on a corruption story about the
company. Local police released all suspects in the case. Also in March,
the Guangzhou-based newspaper Southern Weekend was forced to stop its
print run and remove a story critical of financial mismanagement at one
of the country's top charities, Project Hope. In June Canadian
journalist Jiang Xueqin was deported after covering labor unrest in
Daqing. In December 2001, Wang Jinbo was sentenced to 4 years in prison
for having e-mailed articles to overseas publications advocating a
review of verdicts issued regarding the June 4, 1989, Tiananmen
massacre. In March the Committee to Protect Journalists (CPJ) declared
China ``the world's leading jailer of journalists for the third year in
a row,'' with 35 journalists imprisoned. As of year's end, CPJ reported
that the total had risen to 36, including 14 Internet journalists.
Government restrictions on the press and the free flow of
information continued to prevent accurate reporting on the spread of
HIV/AIDS and the role of blood collection procedures in the spread of
the disease in rural areas.
For several years, journalists openly have called for legislation
granting press freedom protection. In May 2000, the legal affairs
bureau of Anhui Province issued a regulation banning government
departments from refusing press interviews.
The Government kept tight control over the foreign press during the
year and continued efforts to prevent foreign media ``interference'' in
internal affairs. The June 15 edition of the Economist was banned due
to an editorial it ran entitled ``Set China's Politics Free.'' Time
Magazine was temporarily banned after an article appeared on the Falun
Gong. In July BBC World Television was blocked for several weeks after
it ran a report about the banned Falun Gong spiritual movement.
The publishing industry consists of three kinds of book businesses:
Approximately 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
Government-approved publishing houses were the only organizations
legally permitted to print books. The Government exerted control by
issuing a limited number of publishing licenses, which were required
for each edition of any book. A party member at each publishing house
monitored the content of the house's publications and used the
allocation of promotions, cars, travel, and other perks to encourage
editors to exercise ``proper'' judgment about publications. Overt
intervention by the State Publications Administration and Party
Propaganda Bureau occurred strictly post-publication. Some independent
publishers took advantage of a loophole in the law to sign contracts
with government publishing houses to publish politically sensitive
works. These works generally were not subjected to the same
multilayered review process as official publications of the publishing
houses.
Underground printing houses, which grew in number, have been
targets of periodic campaigns to stop all illegal publications
(including pornography and pirated computer software and audiovisual
products). These campaigns had the effect of restricting the
availability of politically sensitive books.
Formal censorship of written material came at the time of
publication. Many intellectuals and scholars, anticipating that books
or papers on political topics would be deemed too sensitive to be
published, exercised self-censorship. In areas such as economic policy
or legal reform, there was far greater official tolerance for comment
and debate.
In March the Department of Cultural Affairs in Urumqi, Xinjiang,
ordered the destruction of thousands of books on Uighur history and
culture. Among the 330 titles were ``A Brief History of the Huns and
Ancient Uighur Literature,'' ``Ancient Uighur Craftsmanship,'' and
other books deemed ``problematic.'' The books detailing and documenting
Uighur history originally had been published with the approval of the
authorities.
In September the Government launched a 2-month campaign to ban
books that threatened the Party. Among the banned books was the best-
selling ``Villains Holding Sway,'' an indictment of corrupt officials;
``I Have a Mother Like This,'' a sarcastic look at a matriarch so
committed to the Party that she abandons her family; and ``The Unequal
Treatment of Nationals,'' focused on the widening wage gap between the
country's urban and rural citizens. ``A Tale of Migrants of the Big
River'' was banned because of its open discussion of social unrest
among persons relocated by the construction of the Three Gorges Dam.
Customs officials seized shipments of Bibles that were not
authorized by the Government (see Section 2.c.).
The authorities continued to jam, with varying degrees of success,
Chinese- and Tibetan-language broadcasts of the Voice of America (VOA),
Radio Free Asia (RFA), and the British Broadcasting Corporation (BBC).
English-language broadcasts on VOA generally were not jammed, unless
they immediately followed Chinese-language broadcasts, in which case
portions of the English-language broadcasts were sometimes jammed.
Government jamming of RFA and BBC appeared to be more frequent and
effective. In the absence of an independent press, overseas broadcasts
such as VOA, BBC, RFA, and Radio France International had a large
audience, including activists, ordinary citizens, and even government
officials.
On January 1, a policy requiring foreign television outlets to use
a government ``rebroadcast platform'' to distribute their channels
reportedly went into effect. Some observers, including Human Rights
Watch, expressed concern that this requirement heightened official
censorship capabilities. In addition, universities, hotels, residences,
and government institutions were reportedly required to reapply for
access to foreign cable and satellite broadcasts.
In 2001 some government-owned local cable television networks began
providing uncensored foreign news programming, including programs from
CNN and European news services, to cable television customers for a
fee. Prior to 2001, only major hotels and residence compounds for
foreigners could legally show uncensored television news from outside
of the country.
During the year, Falun Gong followers overrode television
broadcasts several times to broadcast pro-FLG statements during regular
programming. In September 15 persons were given sentences ranging from
4 to 20 years in prison for interfering with a cable television system
in the northeastern city of Changchun in March. On December 30, the
Intermediate People's Court in Xining sentenced four FLG adherents to
up to 20 years in prison for tapping into cable television signals. The
Government also reported several instances of individuals interfering
with domestic broadcasts transmitted via satellite, replacing regular
programming with pro-FLG material.
In January Zhang Yongning, producer of ``Lan Yu,'' a motion picture
filmed clandestinely in Beijing and centered on a homosexual love story
set during the 1989 Tiananmen Square uprising, applied for approval
from the Bureau of Film to show the film in the country. Although
permission was denied, illegal DVD copies of ``Lan Yu,'' like most
other banned films, were readily available in major cities.
The Government continued to encourage expanded use of the Internet;
however, it also took steps to increase monitoring of the Internet and
continued to place restrictions on the information available. While
only a very small percentage of the population accessed the Internet,
use among intellectuals and opinion leaders was widespread and growing
rapidly. According to a report released by the China Internet Network
Information Center, the number of Internet users in the country grew by
75 percent during the year to 59.1 million.
During the year, a Harvard Law School report concluded that China
had the most extensive Internet censorship in the world. According to
the report, the Government blocked at least 19,000 sites during the 6-
month study, and may have blocked as many as 50,000. Blocked sites
included those of major foreign news organizations, health
organizations, educational institutions, Taiwanese and Tibetan
businesses and organizations, democracy activists, and religious and
spiritual organizations. In September the Government blocked Google, a
foreign-based search engine. After 2 weeks, during which the Government
allegedly enhanced blocks on sensitive sites, access was restored.
Altavista, another foreign-based search engine, was also blocked. The
Government denied that it ever blocked the search engines. The
authorities reportedly began to employ more sophisticated technology,
such as ``packet sniffers,'' enabling the selective blocking of
specific content rather than entire Web sites in some cases. Such
technology was also used to block e-mails containing sensitive content.
The Government generally did not prosecute citizens who received
dissident e-mail publications, but forwarding such messages to others
sometimes did result in detention.
The Ministry of Information Industry regulated access to the
Internet while the Ministries of Public and State Security monitored
its use. Regulations prohibit a broad range of activities that
authorities have interpreted as subversive or as slanderous to the
state, including the dissemination of any information that might harm
unification of the country or endanger national security. Promoting
``evil cults'' was banned, as was providing information that ``disturbs
social order or undermines social stability.'' Internet service
providers were instructed to use only domestic media news postings,
record information useful for tracking users and their viewing habits,
install software capable of copying e-mails, and immediately end
transmission of so-called subversive material. Many Internet service
providers practiced extensive self-censorship to avoid transgressing
the very broadly worded regulations. Another regulation requires
Internet cafe patrons to register with ``software managers'' and
produce a valid identification card to log on. The State Council also
has 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.'' In April the Ministry of
Public Security announced a campaign to ``clean up the Internet
environment'' before the 16th Party Congress.
During the year, authorities arrested dissidents for disseminating
information through the Internet. In the most serious punishment yet
for an Internet-related crime, Li Dawei, a former police officer from
Gansu, was sentenced in July to 11 years in prison for downloading
``reactionary'' articles and maintaining contacts with foreigners. On
September 14, Chen Shaowen was detained for subversion by local
officials in Lianyuan, Hunan, for having posted almost 40 articles
deemed ``reactionary.'' On November 7, 22-year-old Beijing Normal
University Student Liu Di was arrested after expressing views critical
of the Government in an online essay. At year's end, according to the
international NGOs Reporters Without Borders and the Committee to
Protect Journalists, 14 persons were being held for publishing or
distributing information online.
In March the Government began a ``Public Pledge on Self Discipline
for China's Internet Industry'' drive. More than 300 companies signed
up, including the popular Sina.com and Sohu.com, as well as foreign-
based Yahoo!'s China division. Those who signed the pledge agreed not
to spread information that ``breaks laws or spreads superstition or
obscenity.'' They also promised to refrain from ``producing, posting,
or disseminating pernicious information that may jeopardize state
security and disrupt social stability.'' In protest against the self-
censorship pledge, a group of 18 dissidents published a ``declaration
of Internet users' rights'' in July. The declaration called for
complete freedom to surf the Internet, with restrictions placed only on
sites with pornographic, slanderous, or violent content.
Provisional figures issued in March showed that the country had
more than 200,000 Internet cafes. On June 16, a fire at an unlicensed
Internet cafe in Beijing's university district killed 25 persons and
injured 12. In response, authorities closed down more than 14,000
Internet cafes nationwide, 3,100 of them permanently, and in October
issued more restrictive regulations governing the operation of such
businesses. The new regulations limit hours of operation, allow
authorities to view records of Internet use, and require identification
card registration.
The Government did not fully respect academic freedom and continued
to impose ideological controls on political discourse at colleges,
universities, and research institutes. Scholars and researchers
reported varying degrees of control regarding the issues that they
could examine and the conclusions that they could draw. On January 29,
Xu Zerong, a scholar who wrote his doctoral dissertation on the Korean
War, was sentenced to 13 years in prison for ``illegally providing
state secrets'' by sending confidential reference materials on the
Korean War to a contact in Hong Kong.
The Government continued to use political attitudes as criteria for
selecting persons for government-sponsored study abroad but did not
impose such restrictions on privately sponsored students, who
constituted the majority of students studying abroad.
Researchers residing abroad also have been subject to sanctions
from the authorities when their work did not meet with official
approval. Other foreign-resident Chinese scholars were detained in
previous years.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of peaceful assembly; however, the Government
severely restricted 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 were prohibited. Authorities denied permits
and quickly moved to suppress demonstrations involving expression of
dissenting political views.
At times police used excessive force against demonstrators.
Demonstrations with political or social themes were often broken up
quickly and violently. The most widely publicized demonstrations in
recent years were those of the Falun Gong spiritual movement. The
Government continued to wage a severe political, propaganda, and police
campaign against the FLG movement during the year. Since the Government
banned the FLG in 1999, mere belief in the discipline, without any
outward manifestation of its tenets, has been sufficient grounds for
practitioners to receive punishments ranging from loss of employment to
imprisonment, and in many cases, to suffer torture and death. Several
hundred practitioners have been tried and convicted of crimes,
including that of ``using a heretical cult to disturb social order,''
which was established in the 1999 anticult legislation. However, the
great majority of practitioners were punished without a trial,
primarily in the reeducation-through-labor system. Many thousands of
persons have been detained in reeducation-through-labor and custody and
repatriation camps; others have been confined to psychiatric hospitals.
In 2001 facilities were established specifically to ``rehabilitate''
practitioners who refused to recant their belief voluntarily (see
Section 2.c.).
The tactic used most frequently by the central government against
the FLG, however, has been to make local officials, family members, and
employers of known practitioners responsible for preventing FLG
activities by their family members or associates. In many cases,
practitioners were subject to close scrutiny by local security
personnel and their personal mobility was tightly restricted,
particularly at times when the Government believed public protests were
likely.
The number of protests by individuals or small groups of FLG
practitioners at Tiananmen Square remained very low during the year.
Some observers attributed this to the effectiveness of the sustained
government crackdown, which by the end of 2001 had essentially
eliminated public manifestations of the movement. Authorities also
briefly detained foreign practitioners who attempted to unfurl banners
on Tiananmen Square or pass out leaflets, in most cases deporting them
after a few hours.
In many cases, the authorities dealt with demonstrations about
economic issues more leniently than with those that addressed political
issues, but some economic demonstrations were dispersed by force.
During the year, Ministry of Public Security publications indicated
that the number of demonstrations was growing and that protesters were
becoming more organized. According to the most recently available MPS
report, in 1999 more than 100,000 demonstrations took place, up from
60,000 in 1998. Some of these demonstrations included thousands of
participants.
On February 21, during President Bush's visit to Beijing, MPS
officials detained 47 Christians, who managed an elder care facility in
a Beijing suburb, for holding an illegal gathering. The leader of the
group, Chen Zhongxin, and his followers were released after the
President left the country.
In March, over several weeks, tens of thousands of workers in
Liaoyang and Fushun, Liaoning Province, and Daqing, Heilongjiang
Province, protested against nonpayment of back wages, loss of benefits,
and inadequate severance pay. Many alleged that managers and local
government officials had stolen funds earmarked for plant modernization
and pension plans. Police detained four leaders of the protests--Yao
Fuxin, Pang Qingxiang, Xiao Yunliang, and Wang Zhaoming--without
charge. Their families had serious difficulties finding defense
attorneys. After 9 months, Pang Qingxiang and Wang Zhaoming were
released on probation but barred from meeting with other laid-off
workers. On December 31, Wang Zhaoming was detained again after he
hired a lawyer to sue the police over his 9 months of detention. Yao
Fuxin and Xiao Yunliang were charged with subversion for political
activities they allegedly had engaged in several years before the labor
protests occurred.
The Constitution provides for freedom of association; however, the
Government restricted 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, environmental, labor,
and youth organizations that might directly challenge government
authority. Since 1999, all concerts, sports events, exercise classes,
or other meetings of more than 200 persons required approval from
Public Security authorities.
There were no laws or regulations that specifically governed the
formation of political parties. The Government moved decisively, using
detentions and prison terms, to suppress the China Democracy Party,
which activists around the country have tried since 1998 to organize
into the country's first opposition political party.
According to government statistics, at the end of 2001, there were
129,000 social organizations, including 1,687 national- level and
cross-provincial organizations, 19,540 provincial organizations, and
50,633 local and county-level organizations registered with the
Ministry of Civil Affairs. There were 82,000 private, nonprofit
corporations registered. Experts estimated that there were at least 1
million, and perhaps as many as 2 million, unregistered NGOs. Although
these organizations all came under some degree of government control,
they were able to develop their own agendas. Some had support from
foreign secular and religious NGOs. Some were able to undertake limited
advocacy roles in such public interest areas as women's issues, the
environment, health, and consumer rights. To register, NGOs were
required to obtain an organizational sponsor, typically a government
agency carrying out work in a similar subject area. In addition, local-
level NGOs must have an official office and at least $3,600 (RMB
30,000) in funds, and national-level groups must have at least $12,000
(RMB 100,000). Applications must be vetted by the Government, which has
2 months in which to grant approval. Once established, groups were
required to submit to regular oversight by both the organizational
sponsor and the Ministry of Civil Affairs. NGOs must not violate the
``four cardinal principles'' by advocating nonparty rule, ``damage
national unity,'' or ``upset ethnic harmony.'' Groups that disobeyed
guidelines and unregistered groups that continued to operate could face
administrative punishment or criminal charges. It was difficult to
estimate how many groups may have been discouraged from organizing NGOs
because of these regulations. However, preexisting groups reported
little or no additional interference by the Government since the
regulations came into effect in 1998.
In April the Central government allowed an international NGO to
establish branches and recruit members in the country. Lions Clubs
International was allowed to officially establish two chapters, one in
Shenzhen city and a second in Guangdong Province.
c. Freedom of Religion.--The Constitution provides for freedom of
religious belief and the freedom not to believe; however, the
Government sought 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. There
are five officially recognized religions--Buddhism, Taoism, Islam,
Protestantism, and Catholicism. A government-affiliated association
monitored and supervised the activities of each of the five faiths.
Membership in religions was growing rapidly; however, while the
Government generally did not seek to suppress this growth outright, it
tried to control and regulate religious groups to prevent the rise of
groups or sources of authority outside the control of the Government
and the Communist Party.
Overall, government respect for religious freedom remained poor,
and crackdowns against unregistered groups, including underground
Protestant and Catholic groups, Muslim Uighurs, and Tibetan Buddhists
continued. The Government continued its repression of groups that it
determined to be ``cults'' and of the Falun Gong in particular. Various
sources reported that thousands of FLG adherents have been arrested,
detained, and imprisoned, and that several hundred or more FLG
adherents have died in detention since 1999; many of their bodies
reportedly bore signs of severe beatings or torture or were cremated
before relatives could examine them. The atmosphere created by the
nationwide campaign against the FLG reportedly had a spillover effect
on unregistered churches, temples, and mosques in many parts of the
country.
All religious groups and spiritual movements were required to
register with the State Council's Religious Affairs Bureau (RAB), which
was responsible for monitoring and judging the legitimacy of religious
activity. The RAB and the CCP's United Front Work Department (UFWD)
provided policy ``guidance and supervision'' over implementation of
government regulations on religious activity. The Government continued
and in some areas intensified a national campaign to enforce the State
Council and provincial regulations that require all places of religious
activity to register with the RAB or to come under the supervision of
official ``patriotic'' religious organizations. Some groups registered
voluntarily, some registered under pressure, some avoided officials in
an attempt to avoid registration, and authorities refused to register
others. Some unofficial groups reported that authorities refused them
registration without explanation. The Government contended that these
refusals were mainly the result of failure to meet requirements
concerning facilities and meeting spaces. Many religious groups were
reluctant to comply with the regulations out of principled opposition
to state control of religion or due to fear of adverse consequences if
they revealed, as required, the names and addresses of church leaders
and members. In some areas, efforts to register unauthorized groups
were carried out by religious leaders and civil affairs officials. In
other regions, police and RAB officials performed registration
procedures concurrently with other law enforcement actions. Police
closed scores of ``underground'' mosques, temples, seminaries, Catholic
churches, and Protestant ``house churches,'' including many with
significant memberships, properties, financial resources, and networks.
Leaders of unauthorized groups were sometimes the targets of
harassment, interrogations, detention, and physical abuse. Authorities
particularly targeted unofficial religious groups in Beijing and the
provinces of Henan, Shandong, and Guangxi, where there were rapidly
growing numbers of unregistered Protestants, and in Hebei, a center of
unregistered Catholics. For example, police arrested more than 20
Christians gathered in the Shanghai home of house church leader Xu
Guoxing for a worship service on December 8. All were eventually
released except Xu, who was sentenced, without trial, to 18 months of
reeducation-through-labor.
However, many small ``family churches,'' generally made up of
family members and friends, that conducted activities similar to those
of home Bible study groups, usually were tolerated by the authorities
as long as they remained small and unobtrusive. Family churches
reportedly encountered difficulties when their memberships became too
large, when they arranged for the use of facilities for the specific
purpose of conducting religious activities, or when they forged links
with other unregistered groups.
In some areas, harassment of churches by local RAB officials was
attributed, at least in part, to financial issues. For example,
although regulations require local authorities to provide land to
church groups, some local officials tried to avoid doing so by denying
registration. Official churches also sometimes faced harassment when
local authorities wished to acquire the land on which a church was
located. In addition to refusing to register churches, there also were
reports that RAB officials have pressed for ``donations'' from churches
in their jurisdictions as a means of raising extra revenue.
In certain areas in the southeast, government supervision of
religious activity was minimal, and registered and unregistered
churches were treated similarly by authorities, existing openly side by
side. Coexistence and cooperation between official and unofficial
churches in such areas, both Catholic and Protestant, was close enough
to blur the line between the two. In those areas, many congregants
worshiped in both types of churches.
Authorities also have destroyed or seized unregistered places of
worship. Early in the year, according to the Guangzhou-based Southern
Metropolis Daily, a small Taoist temple in a central residential area
of that city was demolished by a squad of 90 policemen. The temple,
which had escaped official notice for 20 years, was branded a ``center
of superstitious activity.'' In April police demolished a partially
constructed Catholic Church in Xiao Zhao village, Hebei Province, for
not having a proper building permit.
However, the Government continued to restore or rebuild some
churches, temples, mosques, and monasteries damaged or destroyed during
the Cultural Revolution and allowed the reopening of some seminaries
during the year, although implementation of restoration activity varied
from locality to locality. Nonetheless, there were far fewer temples,
churches, and mosques than existed 50 years ago, despite the recent
increase in number of religious believers. Christian leaders in several
parts of the country reported that local officials have been reluctant
to return Church property that was confiscated before the 1949
Communist revolution. The difficulty in registering new places of
worship led to serious overcrowding in existing places of worship in
some areas. Some observers cited the lack of adequate meeting space in
registered churches to explain the rapid rise in attendance at house
churches and ``underground'' churches.
In December 2001, all seven members of the Politburo attended a
Party Work Conference on religion. President Jiang Zemin and Premier
Zhu Rongji gave speeches praising the social work being done by
numerous religious institutions and urged ``mainstream'' religious
groups that were underground to register with the RAB. At the same
time, the leaders called for stepped-up measures to eliminate
``nonmainstream'' religious groups.
Some Protestant house church groups reported that after the
December 2001 State Council Work Conference on Religion, police raids
on worship services increased, resulting in greater numbers of
detentions. On February 5, Huang Aiping, Li Wulong, and Ji Qingjun were
sentenced to 7 years in prison for ``using a cult organization to
violate the law'' in Xiamen, Fujian Province. The three were members of
the Blood and Water Holy Spirit Full Gospel Preaching Team, which was
founded in Taiwan and was banned on the mainland in 1996 as an
``illegal infiltration organization.'' In December 2001, Gong
Shengliang, founder of the South China Church, was sentenced to death
on a wide range of criminal charges, including rape, arson and assault.
His niece, Li Ying, was sentenced to death with a 2-year reprieve. In
September an appeals court overturned the death sentences, and in
October Gong was sentenced to life in prison and Li to 15 years. In the
retrial, the court dropped all ``evil cult'' charges against the
members of the South China Church. Other church members, Xu Fuming and
Hu Yong, received life sentences. Four members of the congregation, Li
Yingping, Meng Xicun, Xiang Fengping, and Liu Xianzhi, claimed that
they were tortured by police until they agreed to sign accusations
claiming they had been raped by Gong. The four women, found not guilty
in the retrial, were immediately detained after the trial and sent to
reeducation-through-labor camps.
The law does not prohibit religious believers from holding public
office; however, most influential positions in government were reserved
for party members, and party officials stated that party membership and
religious belief are incompatible. This had a disproportionate effect
in such areas as Xinjiang and Tibet, where the minority populations are
adherents of Islam or Buddhism. Party membership also was required for
almost all high-level positions in government and in state-owned
businesses and organizations. The Party reportedly issued circulars
ordering party members not to adhere to religious beliefs, and
reminding cadres that religion is incompatible with party membership, a
theme reflected in authoritative media. The Routine Service Regulations
of the People's Liberation Army state explicitly that servicemen ``may
not take part in religious or superstitious activities.'' Party and PLA
personnel have been expelled for adhering to Falun Gong beliefs.
Despite official regulations encouraging officials to be atheists,
in some localities as many as 20 to 25 percent of party officials
engaged in some kind of religious activity. Most of these officials
practiced Buddhism or a folk religion. Religious figures, who were not
members of the CCP, were included in national and local government
organizations, usually to represent their constituency on cultural and
educational matters. The NPC included several religious leaders,
including Pagbalha Geleg Namgyai, a Tibetan reincarnated lama who was a
vice chairman of the Standing Committee of the NPC. Religious groups
also were represented in the Chinese People's Political Consultative
Conference, a forum for ``multiparty'' cooperation and consultation led
by the CCP, which advises the Government on policy.
The authorities permitted officially sanctioned religious
organizations to maintain international contacts that did not involve
``foreign control.'' What constitutes ``control'' was not defined.
Regulations enacted in 1994, and expanded in September 2000, codified
many existing rules involving foreigners, including a ban on
proselytizing by foreigners. For the most part, authorities allowed
foreign nationals to preach to foreigners in approved, registered
places of worship, bring in religious materials for personal use, and
preach to citizens at churches, mosques, and temples at the invitation
of registered religious organizations. Collective religious activities
of foreigners also were required to take place at officially registered
places of worship or approved temporary locations. Foreigners legally
were barred from conducting missionary activities, but foreign
Christians teaching English and other subjects on college campuses
openly professed their faith with minimum interference from authorities
as long as their proselytizing was low key. Many Christian groups
throughout the country have developed close ties with local officials,
in some cases running schools to help educate children who otherwise
would receive a substandard education and operating homes for the care
of the aged. Likewise, Buddhist-run private schools and orphanages in
the central part of the country not only educated children but also
offered vocational training courses to teenagers and young adults.
Official religious organizations administered local religious
schools, seminaries, and institutes to train priests, ministers, imams,
Islamic scholars, and Buddhist monks. Students who attended these
institutes had to demonstrate ``political reliability,'' and all
graduates must pass an examination on their theological and political
knowledge to qualify for the clergy. The Government permitted limited
numbers of Catholic and Protestant seminarians, Muslim clerics, and
Buddhist clergy to go abroad for additional religious studies. In most
cases, funding for these training programs was provided by foreign
organizations. Both official and unofficial Christian churches had
problems training adequate numbers of clergy to meet the needs of their
growing congregations. Since no priests or other clergy in the official
churches were ordained between 1955 and 1985, the shortfall was most
severe for persons between the ages of 40 and 70. Due to government
prohibitions, unofficial churches had particularly significant problems
training clergy or sending students to study overseas, and many clergy
received only limited and inadequate preparation. Members of the
underground Catholic Church, especially clergy wishing to further their
studies abroad, found it difficult to obtain passports and other
necessary travel documents (see Section 2.d.). In 2001 RAB officials
started to interview candidates for ordination to the Catholic
priesthood in Shenyang. Some Catholic clerics also complained that they
were forced to bribe local RAB officials before being allowed to enter
seminaries.
Traditional folk religions have been revived in recent years and
were widespread. They were tolerated to varying degrees, often seen as
loose affiliates of Taoism or as ethnic minority cultural practices.
However, at the same time, folk religions have been labeled as ``feudal
superstition'' and sometimes were repressed because their resurgence
was seen as a threat to party control. Local authorities have destroyed
thousands of shrines.
Buddhists made up the largest body of organized religious
believers. Tibetan Buddhists in some areas outside of the Tibet
Autonomous Region (TAR) had growing freedom to practice their faith.
Diplomats have seen pictures of a number of Tibetan religious figures,
including the Dalai Lama, openly displayed in parts of Sichuan,
Qinghai, and Gansu Provinces. Likewise, abbots and monks in those
predominantly Tibetan areas outside the TAR reported they had greater
freedom to worship and conduct religious training than their
coreligionists within the TAR. However, restrictions remained,
especially at monasteries with close ties to foreign organizations.
Some monks who studied abroad were prevented from returning to their
home monasteries. (A discussion of government restrictions on Tibetan
Buddhism in the TAR can be found in the Tibet Addendum.)
During Tibetan New Year in February, a monk in Aba City in Sichuan
Province was arrested for passing out pictures of the Dalai Lama,
posting pro-democracy leaflets, and distributing information on China's
human rights violations. The materials notably did not advocate Tibetan
independence. Following the arrest, authorities tightened security and
further restricted travel to the area. In October in Ganzi city, also
in Sichuan Province, more than 10 persons were arrested in connection
with foreign-sponsored long-life ceremonies for the Dalai Lama that had
been held earlier in the year, and hundreds of PLA troops were
stationed in the area. At least five of those arrested were sentenced
to 2 to 3 years of reeducation-through-labor.
In 2001 the Government expelled thousands of Tibetan nuns, monks,
and students from the Serthar Tibetan Buddhist Institute (also known as
the Larung Gar Monastic encampment) located in the Ganzi Tibetan
Autonomous Prefecture in Sichuan Province. The Government maintained
that the facility, which housed the largest concentration of monks and
nuns in the country, was reduced in size for sanitation and hygiene
reasons. Authorities demolished hundreds of residential structures.
Foreign observers believed that the authorities moved against the
Institute because of its size and the influence of its charismatic
founder, Khenpo Jigme Phuntsok. After a year's absence, during which
time he underwent medical treatment, Khenpo Jigme Phuntsok was allowed
to return to Serthar in July. Thousands of monks and nuns also
returned.
In the past, official tolerance for religions considered
traditionally Chinese, such as Buddhism and Taoism, was greater than
that for Christianity. However, as these non-Western faiths have grown
rapidly in recent years, there were signs of greater government concern
and new restrictions, especially on syncretic sects.
Regulations restricting Muslims' religious activity, teaching, the
religious education of youths under the age of 18, and places of
worship continued to be tight in Xinjiang, and the Government dealt
harshly with Muslims who engaged in political speech and activities
that the authorities deemed separatist. Regional-level party and
government officials repeatedly called for stronger management of
religious affairs and for the separation of religion from
administrative matters. Authorities reportedly reserved the right, in
some cases, to censor imams' sermons particularly during sensitive
religious holidays. In 2000 the authorities began conducting monthly
political study sessions for religious personnel; the program continued
during the year. In addition they required every mosque to record the
numbers and names of those attending each day's activities. The
official Xinjiang Daily reported that early in 2000 Yining county
reviewed the activities of 420 mosques and implemented a system of
assigning ethnic party cadres to mosques in order to improve vigilance
against ``illegal religious activities.'' The authorities also
initiated a campaign to discourage overt religious attire such as veils
and to discourage religious marriage ceremonies. In addition, in some
areas fasting reportedly was prohibited or made difficult during
Ramadan. There were numerous official media reports that the
authorities confiscated illegal religious publications in Xinjiang. The
Xinjiang People's Publication House was the only publisher allowed to
print Muslim literature in Xinjiang.
In some areas where ethnic unrest has occurred, particularly among
Central Asian Muslims (and especially the Uighurs) in Xinjiang,
officials continued to restrict the building of mosques. However, in
other areas, particularly in areas traditionally populated by the non-
Central Asian Hui ethnic group, there was substantial religious
building construction and renovation.
The Government permitted Muslim citizens to make the Hajj to Mecca,
and in some cases subsidized the journey. According to the China
Islamic Association, 2,000 Muslims took part in the Hajj as members of
official delegations in 2001. According to some reports, the major
limiting factors for participation in the Hajj were the cost and
controls on passport issuance. Other Muslims made the trip to Mecca via
neighboring countries, especially Pakistan, and may not have been
counted in government statistics.
The Government refused to establish diplomatic relations with the
Holy See, and there was no Vatican representative in the country. The
Government's refusal to allow the official Catholic Church to recognize
the authority of the Papacy in matters such as the ordination of
bishops 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.
Some bishops in the official Catholic Church were not openly
recognized by the Holy See, although many have been recognized
privately. Frequently, bishops were first consecrated and later sought
Papal approval of their consecrations, sometimes secretly, causing
tensions between the Government and the Vatican. While both government
and Vatican authorities stated that they would welcome an agreement to
normalize relations, issues concerning the role of the Pope in
selecting bishops and the status of underground Catholic clerics have
frustrated efforts to reach this goal. Some underground Catholic
priests, as well as some church members, indicated they were unwilling
to accept the authority of bishops selected without Vatican approval.
Newly nominated bishops seeking unofficial Papal approval frequently
found themselves at odds with other church leaders, who were
sympathetic to the central government, and who insisted that
consecrations of new bishops be conducted by more senior bishops not
recognized by the Vatican. Catholic priests in the official church also
faced dilemmas when asked by parishioners whether they should follow
Church doctrine or government policy restricting the number of children
per family. This dilemma was particularly acute when discussing
abortion.
There were many religious detainees and prisoners. In some cases,
officials have used prison or reeducation-through-labor sentences to
enforce regulations.
A number of Catholic priests and lay leaders were beaten or
otherwise abused during the year. In Hebei Province, where an estimated
half of the country's Catholics reside, friction between unofficial
Catholics and local authorities continued. Hebei authorities have
forced many underground priests and believers to choose between joining
the Patriotic Church or facing fines, job loss, periodic detentions,
and, in some cases, the barring of their children from school. Some
Catholics have been forced into hiding. The whereabouts of underground
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 also
reported that Bishop An Shuxin, Bishop Zhang Weizhu, Father Cui Xing,
and Father Wang Quanjun remained under detention in Hebei. Underground
Bishop Joseph Fan Zhongliang of Shanghai remained under surveillance
and often had his movements restricted. During the year, underground
Bishop Jia Zhiguo of Hebei was again detained for several days before
the start of Holy Week, allegedly in an attempt to pressure him to join
the Chinese Catholic Patriotic Association. Fujian Province clerics
reported that, while there had been no recent signs of a general
crackdown against underground Catholics, as was seen in 1999 and 2000,
the April detention of two underground priests created a generalized
fear that other detentions might follow.
There was evidence that the official Protestant seminary's
``theological reconstruction campaign,'' during which some professors
were purged from the Nanjing Seminary, had ended. There were no new
reports of seminary professors or Protestant preachers purged for
theological perspectives different from those held by Bishop Ding
Guangxun, national leader of the official Protestant church. Foreign
teachers were officially invited to teach at both Catholic and
Protestant seminaries during the year.
The increase in the number of Christians resulted in a
corresponding increase in the demand for Bibles, which were available
for purchase at most officially recognized churches. However, foreign
experts confirmed reports of chronic shortages of Bibles, primarily due
to limited print runs at the one government-approved publisher and
logistical problems in disseminating Bibles to rural areas. The
situation has improved in recent years. Customs officials continued to
monitor for the ``smuggling'' of Bibles and other religious materials
into the country. Hong Kong resident Li Guangqiang (Lai Kwong-keung),
arrested in July 2001 for smuggling Bibles into the mainland, was
sentenced on January 28 to 2 years in prison. He was released in early
February on medical parole. Two Chinese men arrested with Li, Yu Zhudi
and Lin Xifu, were sentenced to 3 years in jail. There were also
credible reports that the authorities sometimes confiscated Bibles in
raids on house churches.
Religious groups that preached beliefs outside the bounds of
officially approved doctrine (such as the imminent coming of the
Apocalypse, or holy war) or that had charismatic leaders often were
singled out for particularly severe harassment. Some observers
attributed the unorthodox beliefs of some of these groups to
undertrained clergy. Others acknowledged that some individuals may have
been exploiting the reemergence of interest in religion for personal
gain. Police continued their efforts to close down an underground
evangelical group called the ``Shouters,'' an offshoot of a pre-1949
indigenous Protestant group. Many groups, especially those in house
churches, reportedly were viewed by officials as ``cults.'' The
Government continued a general crackdown on groups it labeled cults,
such as Eastern Lightning, the Association of Disciples, the Full Scope
Church, the Spirit Sect, the New Testament Church, the Way of the
Goddess of Mercy, the Lord God Sect, the Established King Church, the
Unification Church, the Family of Love, the Dami Mission, and other
groups. According to reports, the crackdown on the Falun Gong in 1999
led to a tightening of controls on all non-officially sanctioned
groups.
Weekly services of the foreign Jewish community in Beijing have
been held uninterrupted since 1995 and High Holy Day observances have
been allowed for more than 15 years. The Shanghai Jewish community was
allowed to hold services in an historic Shanghai synagogue, which has
been restored as a museum. Local authorities indicated that the
community could use the synagogue in the future for special occasions
on a case-by-case basis. The Church of Jesus Christ of Latter-day
Saints meets regularly in a number of cities, but its membership was
strictly limited to the expatriate community.
During the year, the Government continued its harsh and
comprehensive campaign against the Falun Gong. There were many
thousands of cases of individuals receiving criminal, administrative,
and extrajudicial punishment for practicing FLG, admitting that they
believed in FLG, or simply refusing to denounce the organization or its
founder. By mid-year 2001, the campaign against FLG appeared to have
abated somewhat in eastern and southern China, perhaps due to the
decreased number of practitioners in those regions, but the campaign in
Sichuan Province and the northeast continued.
Since the Government banned the FLG in 1999, the mere belief in the
discipline (and since January, even without any public manifestation of
its tenets) has been sufficient grounds for practitioners to receive
punishments ranging from loss of employment to imprisonment. Although
the vast majority of practitioners detained since 2000 were released,
those identified by the Government as ``core leaders'' have been
singled out for particularly harsh treatment. More than a dozen FLG
members have been sentenced to prison for the crime of ``endangering
state security,'' but the great majority of FLG members convicted by
the courts since 1999 have been sentenced to prison for ``organizing or
using a sect to undermine the implementation of the law,'' a less
serious offense.
However, most practitioners were punished administratively. Many
thousands of persons were in reeducation-through-labor camps. Other
practitioners were sent to detention facilities specifically
established to ``rehabilitate'' practitioners who refused to recant
their belief voluntarily. In addition, hundreds of FLG practitioners
have been confined to mental hospitals (see Section 1.d).
Police often used excessive force when detaining peaceful FLG
protesters, including some who were elderly or who were accompanied by
small children. During the year, there were numerous credible reports
of abuse and even killings of FLG practitioners by the police and other
security personnel, including police involvement in beatings, detention
under extremely harsh conditions, and torture (including by electric
shock and by having hands and feet shackled and linked with crossed
steel chains). Various sources reported that since 1997 several hundred
FLG adherents have died while in police custody (see Section 1.a.). In
February Chengdu University Associate Professor Zhang Chuansheng, a
longtime FLG practitioner, was arrested in his hometown and taken to
Chengdu's main prison. He died there 3 days later. Prison authorities
claimed the 54-year-old had died of a heart attack, but his family, who
saw his body after Zhang's death, claimed he had been severely beaten.
FLG practitioners continued their efforts to overcome government
attempts to restrict their right to free assembly, especially in
Beijing, but the number of protests at Tiananmen Square decreased
considerably during 2001 and remained low during the year (see Section
2.b.).
In 2001 the Government launched a massive anti-FLG propaganda
campaign, initiated a comprehensive effort to round up practitioners
not already in custody, and sanctioned the use of high pressure
indoctrination tactics in an effort to force practitioners to renounce
the FLG. Neighborhood committees, state institutions (including
universities), and companies reportedly were ordered to send all known
FLG practitioners to intensive anti-FLG study sessions. Even
practitioners who had not protested or made other public demonstrations
of belief reportedly were forced to attend such classes. Those who
refused to recant their beliefs after weeks of intensive anti-FLG
instruction reportedly were sent to reeducation-through-labor camps,
where in some cases, beatings and torture were used to force them to
recant; some of the most active FLG practitioners were sent directly to
reeducation-through-labor camps. These tactics reportedly resulted in
large numbers of practitioners signing pledges to renounce the
movement.
Authorities also detained foreign practitioners. For example, in
November 2001, more than 30 foreigners and citizens resident abroad
were detained in Beijing as they demonstrated in support of the FLG.
They were expelled from the country; some credibly reported being
mistreated while in custody.
During the year, the authorities also continued a general crackdown
on other groups considered to be ``cults,'' often using the 1999
decision to ban cults under Article 300 of the Criminal Law.
Regulations require all qigong meditation and exercise groups to
register with the Government. Those that did not were declared illegal.
The Zhong Gong qigong group, which reportedly had a following rivaling
that of FLG, was banned in 2000 under the anticult application of the
Criminal Law, and its leader, Zhang Hongbao, who resides abroad, was
charged with rape, forgery, and other crimes. This created an
atmosphere of uncertainty for many qigong practitioners, and there were
reports that some qigong practitioners feared practicing or teaching
openly. During the year, authorities and experts wrote articles
characterizing the rise of religious groups that failed to register and
``cults'' such as Falun Gong as part of a plot by the West to undermine
Chinese authority. In February 2001, Zhang Xinying, vice chairman of
the Chinese Society of Religious Studies, said that the rise of
``cults'' was due to frequent abuse of the concept of ``religious
freedom'' by ``some people with ulterior motives.'' Other senior
leaders made similar comments in the context of criticizing FLG.
The Government taught atheism in schools. While the Government
claimed that there were no national-level regulations barring children
from receiving religious instruction, in some regions local authorities
barred persons under 18 from attending services at mosques, temples, or
churches.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Government restricted freedom of
movement within the country and restricted the freedom to change one's
workplace or residence. The Government's national household
registration and identification card system, used to control and
restrict the location of an individual's residence, remained in place
but continued to erode, and the ability of most citizens to move around
the country to work and live continued to improve. However, the
Government retained the ability to restrict freedom of movement through
other mechanisms. Authorities heightened restrictions during the year,
especially before politically sensitive anniversaries and to forestall
Falun Gong demonstrations.
The ``floating population'' of economic migrants who left their
home areas to seek work was estimated to be between 80 and 130 million.
This itinerant population lacked official residence status, which was
required for full access to social services. These migrant workers were
generally limited to types of work considered least desirable by local
residents, and they had little recourse when subject to abuse by
employers and officials. However, some cities, such as Beijing, were
beginning to offer some social services free of charge.
In 1998 the Ministry of Public Security 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. There were separate, more liberal, regulations
for some persons with advanced degrees.
Landmark regulations under consideration at year's end would give
rural migrants a legal right to work in cities, prohibit job
discrimination based on residency, require employers to sign contracts
with migrant workers, and encourage urban schools to enroll the
children of rural migrants.
Prior to sensitive anniversaries, authorities in urban areas
rounded up and detained some ``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
Section 1.d.). 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 the October
1 National Day holiday.
Dissidents reported that the authorities restricted their freedom
of movement during politically sensitive periods and while foreign
dignitaries visited the country.
Under the ``staying at prison employment'' system applicable to
recidivists incarcerated in reeducation-through-labor camps,
authorities have denied certain persons permission to return to their
homes after serving their sentences. Those persons sentenced to a total
of more than 5 years in reeducation-through-labor camps on separate
occasions also could lose their legal right to return to their home
area. For those assigned to camps far from their residences, this
practice constituted a form of internal exile. The number of prisoners
subject to this restriction was unknown. Authorities reportedly forced
other recently released prisoners to accept jobs in state enterprises
where they could be closely monitored. Other released or paroled
prisoners returned home but were not permitted freedom of movement.
Former senior leader Zhao Ziyang remained under house arrest, and
security around him was tightened routinely during sensitive periods.
Zhao was allowed approximately one trip outside of Beijing per year.
Official poverty alleviation programs and major state projects,
such as environmental and reforestation programs, have included forced
relocation of persons to new residences. The Government estimated that
by the completion of the Three Gorges Dam, at least 1.2 million people
will have been relocated for this project.
The Government permitted legal emigration and foreign travel for
most citizens. Passports were increasingly easy to obtain. The
Government continued to use political attitudes as criteria for
selecting persons for government-sponsored study abroad; however, the
Government did not control privately sponsored students, who
constituted the majority of citizens studying abroad. Business
travelers who wished to go abroad could obtain passports relatively
easily.
There were reports that some academics faced travel restrictions
around the year's sensitive anniversaries, particularly the June 4
anniversary of the 1989 Tiananmen Square massacre, and there were
instances in which the authorities refused to issue passports or visas
on apparent political grounds. Members of the underground Catholic
Church, especially clergy wishing to further their studies abroad,
found it difficult to obtain passports and other necessary travel
documents. Some FLG members also reportedly had difficulty in obtaining
passports during the year. In May 2001, the Government prevented Dr.
Gao Yaojie, who had exposed the cause of an AIDS epidemic in several
villages, from traveling abroad to receive an award.
Similarly, visas to enter the country also were denied. For
example, some foreign academics continued to be denied visas.
International observers and human rights organizations reported that
they could substantiate claims that border control points kept
background records of certain individuals who were to be denied entry.
Authorities denied these reports.
The Government continued efforts to attract persons who had studied
overseas back to the country. Official media have stated that persons
who joined foreign organizations hostile to the country should quit
them before returning home and refrain while abroad from activities
that violate China's laws.
Although a signatory of the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol, the country has no law or
regulations that authorize the authorities to grant refugee status. The
Government reportedly continued to draft working rules on granting such
status. The Government cooperated with the UNHCR when dealing with the
resettlement of ethnic Han Chinese or ethnic minorities from Vietnam
and Laos resident in the country; the Government was less cooperative
when dealing with some other refugees. The Government does not provide
first asylum. However, since the late 1980s, the Government has adopted
a de facto policy of tolerance toward the small number of persons--
fewer than 100 annually--from other nations who registered with the
Beijing office of the UNHCR as asylum seekers. The Government permitted
these persons to remain in the country while the UNHCR made
determinations as to their status and, if the UNHCR determined that
they were bona fide refugees, while they awaited resettlement in third
countries. However, the Government continued to deny the UNHCR
permission to operate along its northeastern border with North Korea
because it considered North Koreans who crossed the border to be
illegal economic migrants.
During the year, thousands of North Koreans were seized, detained,
and forcibly returned to their homeland, where many faced persecution.
In recent years, crackdowns on prostitution and forced marriages have
resulted in increased deportations of North Korean women. During the
year, the Government did permit approximately 130 North Koreans to
travel to Seoul after they had entered diplomatic compounds or
international schools in China, and hundreds more arrived in South
Korea via third countries such as Mongolia, Vietnam and Cambodia after
transiting through China. In response to these high profile incidents,
the Government tightened border controls, and border crossings declined
significantly late in the year.
The Government also arrested and detained some foreign missionaries
and activists, as well as some Chinese citizens, for providing food,
shelter, transportation, and other assistance to North Koreans. For
example, Reverend Bong-il Choi was detained on April 12, humanitarian
worker Hee-tae Kim was detained on August 31, and humanitarian worker
Hiroshi Kato was detained in October.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens lack the right to change their government peacefully and
cannot freely choose or change the laws and officials that govern them.
Rural citizens voted directly for their local village committees, which
were not considered to be government bodies, and for party-reviewed
candidates for delegate positions in township and county-level people's
congresses. However, people's congress delegates at the provincial
level were selected by county-level people's congresses, and in turn
provincial-level people's congresses selected delegates to the National
People's Congress. Although the CCP vets candidates for all elections
above the village level, many county and provincial elections were
competitive to some degree, with more candidates running than there
were 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 CCP's Politburo
Standing Committee. The NPC does not have the power to set policy or
remove government or party leaders.
In general the election and agenda of people's congresses at all
levels remained under the firm control of the CCP, the paramount source
of political authority. By year's end, 19 provincial party leaders had
been named to head provincial people's congresses in order to reassert
party control over the legislatures. The CCP retained a tight rein on
political decisionmaking and forbade the creation of new political
parties. The Government continued 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 forces had previously arrested nearly all of the CDP's
leaders, and late in the year a renewed crackdown targeted remaining
activists. For example, CDP activists He Depu, Sang Jianchen, Zhao
Changqing, Ouyang Yi, Dai Xuezhong, and Jiang Lijun were among those
persons arrested in November after signing an open letter calling for
political reform and a reappraisal of the official verdict on the 1989
Tiananmen massacre.
Scores of CDP members were detained in cities throughout the
country in the period prior to the 10th anniversary of the Tiananmen
massacre in 1999. The CDP's three best known leaders, Xu Wenli, Wang
Youcai, and Qin Yongmin, were sentenced in 1998 to prison terms of 13,
12, and 11 years, respectively. Xu Wenli was released on medical parole
to the United States in December. Since December 1998, at least 38 core
leaders of the CDP have been sentenced to long prison terms on
subversion charges. Hu Mingjun and Wang Sen, CDP leaders in Sichuan,
were sentenced in May to 10- and 11-year sentences, respectively, on
subversion charges for supporting protesting workers at the Dazhou Iron
and Steel Plant in December 2000. In December 2001, Lu Xinhua, one of
the founders of the Hubei chapter of the CDP, was sentenced to 4 years
in prison for writing an article saying that President Jiang Zemin's
political theory was a vestige of feudalism and the imperial system.
Also in December 2001, Wang Jinbo, a CDP activist in Shandong Province,
was sentenced to 4 years for subversion after posting on the Internet
articles from foreign Web sites and urging the Government to reassess
the 1989 crackdown on Tiananmen Square democracy advocates.
Under the Organic Law of the Village Committees, all of the
country's approximately 1 million villages were expected to hold
competitive, direct elections for subgovernmental village committees. A
1998 revision to the law called for improvements in the nominating
process and improved transparency in village committee administration.
The revised law also explicitly transferred the power to nominate
candidates to the villagers themselves, as opposed to village groups or
party branches.
According to the Ministry of Civil Affairs, the majority of
provinces have carried out at least four or five rounds of village
elections. Foreign observers who monitored local village committee
elections judged the elections they observed, on the whole, to have
been fair. However, the Government estimated that one-third of all
elections had serious procedural flaws; reballoting occurred in some of
these cases and many villages had yet to hold truly competitive
elections. Corruption and interference by township level officials
continued to be a problem in some cases.
Since 1998 there has been experimentation at the township level
designed to expand the role of township residents in the selection of
their leaders; these experiments initially went forward at the
recommendation of the NPC despite provisions in China's Constitution
which forbid direct election of officials above the village level. Such
experimentation came to favor a system of ``elections'' incorporating
open nomination of candidates by township residents and pro forma
confirmation by the township people's congress, selected either
directly by residents or indirectly by ``residents' representatives.''
However, in July 2001, the NPC issued a directive reminding those
responsible that such procedures need to be consistent with the
Constitution. While limited experimentation continued to take place,
the results of such elections were vulnerable to being overturned as
``unconstitutional.''
Candidates favored by local authorities have been defeated in some
elections, although in general the CCP dominates the local electoral
process. Approximately 60 percent of the members elected to the village
committees were party members. National-level election procedures
mandate secret ballots and require villagers to be given ballots with
space for write-in candidates, and these requirements were implemented
in most cases.
In 2001 the SPC found 17,931 government officials guilty of
corruption or of accepting bribes during the year. In addition,
according to the Supreme People's Procuratorate's report to the NPC, in
2001 procuratorates at all levels investigated 40,195 public officials
for graft or bribery and sentenced 20,120 persons for those crimes
during the year.
The Government placed no restrictions on the participation of women
or minority groups in the political process. However, women still held
few positions of significant influence at the highest rungs of the
party or government structure. One member of the 22-member Politburo
was a woman, and only one of 29 ministerial-level positions was held by
a woman. Women freely exercised their right to vote in village
committee elections, but only a small fraction of elected members were
women. The Government and party organizations included approximately 12
million female officials out of 61 million party members. Women
constituted 21.83 percent of the NPC. The 16th Party Congress elected
27 women to serve as members or alternates on the 198-person Central
Committee, an increase over the total of the previous committee.
Minorities constituted 14 percent of the NPC, although they made up
approximately 9 percent of the population. All of the country's 56
nationalities were represented in the NPC membership. The 16th Party
Congress elected 35 members of ethnic minorities to serve as members or
alternates on the Central Committee. Minorities held few senior party
or government positions of significant influence.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not permit independent domestic NGOs to monitor
openly or to comment on human rights conditions. It was difficult to
establish an NGO, and the Government tended to be suspicious of
independent organizations; most existing NGOs were quasi-governmental
in nature and were closely controlled by government agencies (see
Section 2.b.). However, an informal network of dissidents in cities
around the country has become a credible source of information about
government actions taken against activists. The information was
disseminated outside of the country through organizations such as Hong
Kong-based Information Center for Human Rights and Democratic Movement
and New York-based Human Rights in China. The press regularly printed
articles about officials who exceeded their authority and infringed on
citizens' rights. However, the Government remained reluctant to accept
criticism of its human rights record by other nations or international
organizations and criticized reports by international human rights
monitoring groups, claiming that such reports were inaccurate and
interfered with the country's internal affairs. The Government
maintained that there are legitimate, differing approaches to human
rights based on each country's particular history, culture, social
situation, and level of economic development. The Government
established the China Society for Human Rights, a ``nongovernmental''
organization whose mandate was not to monitor human rights conditions
but to defend the Government's views and human rights record.
The Government had active human rights dialogs with many countries,
including Australia, Canada, Chile, Hungary, Norway, Switzerland, the
United Kingdom, and the United States, as well as with the European
Union.
In May 2000, the U.N. Committee Against Torture issued a report
expressing concern about continuing allegations of serious incidents of
torture, especially involving Tibetans and other national minorities.
It recommended that the country incorporate a definition of torture
into its domestic law in full compliance with international standards,
abolish all forms of administrative detention (including reeducation-
through-labor), promptly investigate all allegations of torture, and
provide training courses on international human rights standards for
police. Government officials who appeared before the Committee stated
that the country had done a great deal in recent years to address
torture by officials but noted that problems remained in supervising
the judicial system. In November 2000, the Government signed a
Memorandum of Understanding (MOU) with the U.N. High Commissioner on
Human Rights that was designed to help the country comply with the
terms of the International Covenant on Civil and Political Rights,
which the Government has signed but not ratified, and the International
Covenant on Economic, Social, and Cultural Rights, which the Government
has ratified. Under the MOU, programs to be implemented include human
rights education for judges, prosecutors, and police; other human
rights education programs; the publication of reports; and fellowships
for experts to study abroad. At year's end, the Government made a
commitment to extend invitations, without conditions, to the U.N.
Special Rapporteur on Torture, the U.N. Special Rapporteur on Religious
Intolerance, the U.N. Working Group on Arbitrary Detention, and the
leaders of the U.S. Commission on International Religious Freedom.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
There were laws designed to protect women, children, persons with
disabilities, and minorities. However, in practice societal
discrimination based on ethnicity, gender, and disability persisted.
The concept of a largely homogeneous Chinese society pervaded the
thinking of the Han majority.
Women.--Violence against women was a significant problem. There was
no national law specifically targeting domestic violence, although
amendments to the Marriage Law, adopted in April 2001, were aimed in
part at providing protection against spousal abuse. NPC members claimed
that most of the 33 changes to the law were designed to support the
rights of women and children victimized by family violence. In
recognition of the seriousness of spousal abuse, 13 provinces and
provincial level cities have passed legislation to address the problem.
Sociologists noted 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 was on the rise,
particularly in urban areas, because greater attention has been focused
on the problem. A July 2000 survey report by the All-China Women's
Federation (ACWF) found that violence occurred in 30 percent of
families, and 80 percent of cases involved husbands abusing their
wives. Actual figures may be higher because spousal abuse still went
largely unreported. The survey found that domestic violence occurred at
all socioeconomic levels. According to experts, domestic abuse was more
common in rural areas than in urban centers. In response to increased
awareness of the problem of domestic violence, there were a growing
number of shelters for victims. Rape is illegal, and some persons
convicted of rape were executed. The law does not expressly recognize
or exclude spousal rape.
Central government policy formally prohibits the use of physical
coercion to compel persons to submit to abortion or sterilization.
However, intense pressure to meet birth limitation targets set by
government regulations has resulted in instances in which local birth
planning officials reportedly have used physical coercion to meet
government goals (see Section 1.f.). In addition, women faced a
disproportionate burden due to the Government's enforcement of its
birth limitation laws and practices, which require the use of birth
control methods (particularly IUDs and female sterilization, which
according to government statistics accounted for over 80 percent of
birth control methods employed) and the abortion of certain
pregnancies.
According to some estimates by experts, there were 4 to 10 million
commercial sex workers in the country. The increased commercialization
of sex and related trafficking in women 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 the country was involved in prostitution, with the
percentage higher in cities. Unsafe working conditions were rampant
among the saunas, massage parlors, clubs, and hostess bars that have
sprung up in large cities. Research indicated that up to 80 percent of
prostitutes in some areas had hepatitis. In light of this and, in
particular, of the growing threat of AIDS among sex workers, the U.N.
Convention on the Elimination of Discrimination Against Women (CEDAW)
Committee in 1998 recommended that due attention be paid to health
services for female prostitutes. 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 involved
organized crime groups and businesspersons as well as the police and
the military, have been largely ineffective.
Trafficking in women and children and the kidnaping and sale of
women and children for purposes of prostitution or marriage were
serious problems (see Section 6.f.).
No statute outlaws sexual harassment in the workplace. The problem
remained unaddressed in the legal system and often in society. There
were reports that due to the lack of legal protections and to women's
economic vulnerability, many victims of sexual harassment did not
report it out of fear of losing their jobs. However, experts stated
that more women were raising their concerns about sexual harassment
because of greater awareness of the problem.
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 many activists and
observers increasingly were concerned that the progress that has been
made by women over the past 50 years was being eroded and that women's
status in society had regressed during the 1990s. They asserted that
the Government appeared to have made the pursuit of gender equality a
secondary priority as it focused on economic reform and political
stability.
The 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 by
the Government to educate women about their legal rights, and there was
anecdotal evidence that women increasingly were using laws to protect
their rights.
Nevertheless, women frequently encountered serious obstacles to the
enforcement of laws. According to legal experts, it was very hard to
litigate a sex discrimination suit because the vague legal definition
made it difficult to quantify damages. As a result, very few cases were
brought to court. Some observers also noted that the agencies tasked
with protecting women's rights tended to focus on maternity-related
benefits and wrongful termination during maternity leave rather than
sex discrimination and sexual harassment. The structure of the social
system also prevented women from having a full range of options. Women
who sought a divorce faced the prospect of losing their housing since
government work units allot housing to men when couples marry.
Women have borne the brunt of the economic reform of state-owned
enterprises. Of the millions of workers laid off due to the reform of
state-owned enterprises, a disproportionate percentage were women, many
of whom did not have the skills or opportunities to find new jobs.
Discriminatory hiring practices appeared to be on the increase as
unemployment rose. Increasingly, companies discriminated by both sex
and age, although such practices violate labor laws.
Many employers preferred to hire men to avoid the expense of
maternity leave and childcare, and some even lowered the effective
retirement age for female workers to 40 years of age (the official
retirement age for men was 60 years and for women 55 years). Lower
retirement ages also had the effect of reducing pensions, which
generally were based on years worked.
The law provides for equal pay for equal work. However, a recent
government survey found that women were paid only 70 to 80 percent of
what men received for the same work. Most women employed in industry
worked in lower skilled and lower paid jobs.
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 women were semi-literate or illiterate, compared
with 10 percent of men.
A high female suicide rate continued to be 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 (approximately 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. Many
observers believed that violence against women and girls;
discrimination in education and employment; the traditional preference
for male children; the country's birth limitation policies; and other
societal factors contributed to the especially high female suicide
rate.
While the gap in the education levels of men and women was
narrowing, men continued to constitute a disproportionate number of the
relatively small percentage of the population that received 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 reported that there was a trend
toward greater gender balance in universities. Some academics have
reported that in some undergraduate and graduate departments women were
beginning to outnumber men. However, women with advanced degrees
reported an increase in discrimination in the hiring process as the job
distribution system opened up and became more competitive and market
driven.
Children.--The Constitution provides for 9 years of compulsory
education for children, but in economically disadvantaged rural areas,
many children did not attend school for the required period. Public
schools were not allowed to charge tuition, but after the central
government largely stopped subsidizing primary education in the early
1990s, many public schools began to charge mandatory fees to meet
revenue shortfalls. Such fees made it difficult for poorer families to
send their children to school or to send them on a regular basis. Some
charitable schools have opened in recent years in rural areas, but not
enough to meet demand. Children of migrant workers in urban areas also
often did not attend school, although they could be allowed to do so if
they pay required school fees, which usually were higher for non-
residents and which their parents generally could not afford. The
Government campaign for universal primary school enrollment by 2000
(which was not met) helped to increase enrollment in some areas. It
also reportedly led school officials to inflate the number of children
actually enrolled.
An extensive health care delivery system has led to improved child
health and a continued decline in infant mortality rates. According to
the most recent official figures, the infant mortality rate was 32 per
1,000 in 1996. According to UNICEF statistics, the mortality rate for
children under 5 years of age was 40 per 1,000 live births.
The Law on the Protection of Juveniles forbids infanticide;
however, there was evidence that the practice continued. According to
the SFPC, only a handful of doctors have been charged with infanticide
under this law. The law prohibits discrimination against disabled
minors and codifies a variety of judicial protections for juvenile
offenders. The physical abuse of children can be grounds for criminal
prosecution.
Despite government efforts to prevent kidnaping and the buying and
selling of children, these problems persisted in some rural areas (see
Section 6.f.). There were no reliable estimates of the number of
children trafficked. Domestically, most trafficked children were sold
to couples unable to have children; in particular, boys were trafficked
to couples unable to have a son. Children also were trafficked for
labor purposes. Girls and women were trafficked for prostitution and
for sale as brides (see Section 6.f.).
Children were reportedly detained administratively in custody and
repatriation centers, some in the company of their parents. Others were
detained for minor crimes they committed or because they were homeless.
According to a credible report, children at times accounted for as many
as 20 percent of those detained in custody and repatriation centers.
Such children routinely were detained with adults and sometimes were
required to work (see Sections 1.d. and 6.c.).
Female infanticide, sex selective abortions, and the abandonment
and neglect of baby girls remained problems due to the traditional
preference for sons, and the birth limitation policy. Many families,
especially in rural areas, used ultrasound to identify female fetuses
and terminate pregnancies. An official study in Hainan found that 68
percent of abortions were of female fetuses. Official figures from
November 2000 put the overall male-female birth ratio at 116.9 to 100
(as compared to the statistical norm of 106 to 100). For second births,
the ratio was 151.9 to 100 (see Section 1.f.). Female babies also
suffered from a higher mortality rate than male babies, contrary to the
worldwide trend. Neglect of baby girls was one factor in their lower
survival rate. One study found the differential mortality rates were
highest in areas where women had a lower social status and economic and
medical conditions were poor.
The Law on the Protection of Juveniles forbids the mistreatment or
abandonment of children. According to the latest available figures,
compiled in 1994, the number of children abandoned annually was
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 children in orphanages were female, although some were
males who were either disabled or in poor health. The treatment of
children at these institutions has improved, especially with the
increased attention created by foreign adoptions, but serious problems
remained and mortality rates in some institutions were high. Medical
professionals frequently advised parents of children with disabilities
to put the children into orphanages. In recent years, some private
orphanages (not funded by the Government), in which conditions may be
generally better for children, have started to operate. In areas where
such orphanages existed, some state-run orphanages exhibited a
willingness to learn from them and to adopt some of their more modern
practices, including the use of foster care.
The Government denied that children in orphanages were mistreated
or refused medical care but acknowledged that the system often was
unable to provide adequately for some children, especially those who
were admitted with serious medical problems. In an effort to address
this problem, in 1997 the NPC revised the adoption law to make 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 were eligible to
adopt. Since 1997 there have been credible reports of renovation and
new construction of orphanages and of improved care of children in some
areas. Over $30 million (RMB 248.4 million) reportedly has been
allocated for this program since 1997.
Persons with Disabilities.--The law protects the rights of the
country's persons with disabilities. According to the official press,
all local governments have drafted specific measures to implement the
law. The press publicized both the plight of persons with disabilities
and the Government's efforts to assist them. The Government, at times
in conjunction with NGOs such as the Lions Club International,
sponsored 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 was to
allow persons with disabilities to be integrated into the rest of
society.
However, reality for persons with disabilities lagged far behind
legal dictates, and many did not receive or have access to special
assistance or to programs designed to assist them. Misdiagnosis,
inadequate medical care, pariah status, and abandonment remained common
problems. According to reports, doctors frequently persuaded parents of
children with disabilities to place their children in large government-
run institutions, often far from the parents, and in which care was
often substandard. Those parents who chose to keep children with
disabilities at home generally faced difficulty in getting adequate
medical care, day care, and education. Government statistics showed
that almost one-quarter of the approximately 60 million persons with
disabilities lived in extreme poverty. Unemployment among disabled
adults remained a serious problem. The Government's official strategy
was to integrate persons with disabilities into the mainstream work
force, but efforts to do so must confront a cultural legacy of
discrimination and neglect. Standards adopted for making roads and
buildings accessible to persons with disabilities were subject to the
Law on the Handicapped, which calls for their ``gradual''
implementation; compliance with the law was lax.
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. The Population and Family Planning Law, which
went into effect September 1, requires local governments to employ such
practices to raise the percentage of healthy births.
Persons in urban areas with mental illness or disability who were
found on city streets could be detained administratively under custody
and repatriation regulations, ostensibly for their protection (see
Section 1.d.). The conditions under which they were held in such
centers reportedly were poor, and they were sometimes required to work.
National/Racial/Ethnic Minorities.--According to the 2000 census,
the total population of the country's 55 ethnic minorities was 106.43
million, or 8.41 percent of the total population. Most minority groups
resided in areas they traditionally have inhabited. The Government's
avowed policy on minorities calls for preferential treatment in
marriage regulations, birth planning, university admission, and
employment. However, in some areas, ethnic minorities, especially those
living in urban areas, have been pressured to limit births to the lower
number Han Chinese are allowed (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 faced discrimination. Most of the minorities in border
regions were less educated than the national average, and job
discrimination in favor of Han migrants remained a serious problem.
Racial discrimination was the source of deep resentment on the part of
minorities in some areas, such as Xinjiang and Tibet. The Government
did not openly recognize racism against minorities or tension among
different ethnic groups as problems. Ethnic Uighurs in Xinjiang did not
have equal access to newly created construction jobs associated with
development projects; Han workers were brought in from Sichuan and
elsewhere to work, especially on technical projects such as oil and gas
pipelines.
Government development policies have long been in place to improve
minority living standards. However, real incomes in minority areas,
especially for non-Han groups, remained well below those in other parts
of the country, and the majority Han Chinese have benefited
disproportionately from government programs and economic growth. Many
development programs have disrupted traditional living patterns of
minority groups, including ethnic Tibetans and the Muslim Turkic
majority of western Xinjiang. There was evidence that official poverty
alleviation programs and major state projects, such as building dams
and environmental/reforestation projects, included the forced
evacuation of persons (see Section 2.d.).
Since 1949 government policy has 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. The Government does not count ``temporary
workers'' as part of the official population in the area in which they
work. Temporary workers may spend several years at their new location,
and there was no evidence to suggest that they were required to return
to their home province within any specific time limit. The migration of
ethnic Han into Xinjiang in recent decades has caused the Han-Uighur
ratio in the capital of Urumqi to shift from 20:80 to 80:20 and was a
source of Uighur resentment. By some estimates, 250,000 Han annually
have moved into the region in the last few years. Similarly, many non-
Tibetan residents of the Tibet Autonomous Region have lived there for
years as ``temporary'' residents (see Tibet Addendum).
In many areas with a significant population of minorities, there
were two-track school systems using either Mandarin or the local
minority language. Students can choose to attend schools in either
system. Designed to protect and maintain minority cultures, this
divided education system placed those graduating from minority schools
at a disadvantage in competing for jobs in government and business,
which required good Chinese-language skills. Graduates of these schools
typically needed 1 year or more of intensive Chinese before they could
handle course work at a Chinese-language university. The vast majority
of Uighur children in Xinjiang attended Uighur-language schools, and
generally received an hour's Chinese language instruction per day.
Tuition at Chinese-language schools in Xinjiang was generally more
costly and thus most Uighur children living in rural areas were unable
to afford them.
The Communist Party has an avowed policy of boosting minority
representation in the Government and the CCP, and minorities
constituted 14 percent of the NPC, which was higher than their
percentage in the population. A September 1999 government white paper
reported that there were 2.7 million minority officials in the
Government. Many members of minorities occupied local leadership
positions, and a few held positions of influence in the local party
apparatus or at the national level. However, in most areas, ethnic
minorities were shut out of positions of real political and economic
power, which fed resentment of Han officials holding the most powerful
party positions in minority autonomous regions.
Tensions between ethnic Han citizens and Uighurs in Xinjiang
continued, and the authorities imposed heightened restrictions on
political, civil, and religious freedoms in the region. A campaign that
began in 1997 to stress unity and to condemn ``splittism'' and
religious extremism showed no signs of abating. During the year,
authorities continued to prohibit activities it deemed separatist in
nature, announced tightened security measures, and mounted campaigns to
crack down on opposition. Because the Xinjiang Uighur Autonomous Region
government regularly lists together those involved in ``ethnic
separatism, illegal religious activities, and violent terrorism,'' it
was often unclear whether particular raids, detentions, arrests, or
judicial punishments targeted those peacefully seeking their goals or
those engaged in violence. The strike hard campaign in Xinjiang
specifically targeted the ``three evils'' of extremism, splittism, and
terrorism as the major threats to Xinjiang's social stability. Many
observers raised concerns about the Government's use of the
international war on terror as a justification for cracking down
harshly on suspected Uighur separatists expressing peaceful political
dissent and on independent Muslim religious leaders.
In 2001 there were numerous reports that Uighurs were being
executed or sentenced to long prison terms for separatist activities.
In April 2001, immediately after the start of the strike hard campaign,
25 political activists in Kashgar prefecture were arrested for
allegedly conspiring to set up an ``Eastern Turkestan Republic.''
Charges ranged from ``endangering state security'' to ``illegally
setting up an organization,'' although human rights groups stated that
no specific act committed by the group was mentioned. In April 2001,
three Uighurs were sentenced for being members of the ``1999 August 9
disturbances,'' which refers to a demonstration held in front of the
local Communist party building to protest the arrest of an imam. Also
in 2001, police arrested 186 persons in Aksu prefecture for offenses
such as ``endangering state security'' and seized illegal religious
publications, while in the capital, Urumqi, eight persons accused of
having endangered social stability were sentenced to prison terms of
between 4 and 13 years. According to official accounts, by May 2001 the
authorities were prosecuting more than 3,000 cases, and massive public
sentencing rallies attended by more than 300,000 persons had been held
throughout the region.
In March 2000, a Xinjiang court sentenced Rebiya Kadeer, a
prominent Uighur businesswoman and former member of the provincial-
level Chinese People's Political Consultative Conference, to 8 years in
prison on charges of ``passing state intelligence'' to foreigners;
according to an official press report, the intelligence she was accused
of passing included newspaper articles and a list of names of persons
whose cases had been handled by the courts. Kadeer, her son, and her
secretary were arrested in 1999 while on their way to meet a visiting
foreign delegation. Kadeer's son and the secretary were sentenced
administratively to 2 and 3-year reeducation-through-labor terms,
respectively, in November 1999. Kadeer was reported to be in poor
health but has been unable to get adequate medical treatment.
Government officials claimed she was well cared for and received better
medical treatment than ordinary prisoners. Many foreign observers
believed Kadeer was singled out for her activism on behalf of Uighurs
and for her husband's involvement with Uighur causes and Radio Free
Asia. In December Kadeer's family was briefly detained and questioned
during a visit of senior foreign officials.
In late 2001, the U.N. Human Rights Committee ruled that Uighur
scholar Tohti Tunyaz had been arbitrarily detained. He was sentenced in
1999 to an 11-year term for ``inciting separatism'' and ``illegally
acquiring state secrets'' after he returned to Xinjiang in connection
with his research studies on ethnic minorities at the University of
Tokyo.
Possession of separatist publications or audiovisual materials was
not permitted, and, according to reports, possession of such materials
resulted in lengthy prison sentences. The author of a history of the
Uighurs that was severely criticized by provincial-level and national
authorities in the mid-1990s remained prohibited from publishing or
from meeting with foreigners. A Uighur-language press existed in
Xinjiang, but it had a very small circulation.
Han control of the region's political and economic institutions
also contributed to heightened tension. Although government policies
brought tangible economic improvements to Xinjiang, Han have received a
disproportionate share of the benefits. The majority of Uighurs were
poor farmers, and 25 percent were illiterate.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association. However, in practice workers were not free to organize
or join unions of their own choosing. The All-China Federation of Trade
Unions (ACFTU), which was controlled by the Communist Party and headed
by a high-level party official, was the sole legal workers'
organization. The Trade Union Law gives the ACFTU control over the
establishment and operation of all subsidiary union organizations and
activities throughout the country, including enterprise-level unions
that, according to otherwise unsubstantiated ACFTU claims, increased
threefold in the last 5 years to more than 1.6 million unions.
Independent unions are illegal. The Tangxia Migrant Workers'
Association, although established with the approval of local
authorities in April, was shut down after 3 months of operation when
authorities became concerned that it was exhibiting the characteristics
of an independent union. The Trade Union Law allows workers to decide
whether to join official unions in their enterprises. There were no
reports of repercussions for the small percentage of workers in the
state-owned sector who had not joined.
Although the ACFTU and its constituent unions had a monopoly on
trade union activity, their influence over the workplace diminished
with the economic reforms of recent years. ACFTU unions were relatively
powerless to protect the tens of millions of members who have lost
their jobs or had their wages or benefits delayed or cut in the massive
restructuring of state-owned enterprises (SOEs). The unions have,
however, provided some benefits and reemployment assistance to affected
workers.
The ACFTU had difficulty organizing in the country's rapidly
growing private and foreign-invested sectors, where union membership
during the year was estimated to be less than 20 percent. With declines
in the state-owned sector and organizational weakness outside the state
sector, the ACFTU's membership declined from nearly 100 percent of the
urban workforce during the height of the planned economy to
approximately 50 percent in recent years. According to the ACFTU, this
figure rebounded to approximately 60 percent (131 million) by the end
of June.
The existence of an enormous rural labor force--some 550 million
out of a total labor force of approximately 750 million--also
complicated the organization and protection of workers. Farmers did not
have a union or any other similar organization. Of some 130 million
rural residents working in township and village enterprises, only a
very small percentage were represented by unions. A ``floating''
migrant labor force of 80 to 130 million persons has proven especially
difficult to organize and protect. Some of these migrants gravitated to
temporary or seasonal low-wage work in urban areas where their
residence, under the country's registration system, often was illegal.
Many migrants, including substantial numbers of young women, were
attracted to the growing private sector where unions were few and where
their desire to earn more than they could in rural areas made them easy
to exploit.
The ACFTU strongly supported major amendments to the Trade Union
Law, passed by the NPC in October 2001. The amended law gives the ACFTU
clearer responsibility to represent workers' interests first and
foremost. The amendments also give union organizing activities in the
private sector the legal protection that they previously lacked. The
amended law provides specific legal remedies against attempts by
employers to interfere with organizing activities or to punish union
officials for failure to carry out official duties. However, the
amendments did not include any change in the legal monopoly of the
ACFTU.
During the year, the Government, as in the past, took specific
actions against illegal union activity, including the detention or
arrest of labor activists. Four leaders of a large workers' protest in
Liaoyang city in Liaoning Province were detained in March (see Section
2.b.). Two of the four, Yao Fuxin and Xiao Yunliang, remained in
detention at year's end, charged with subversion. In May two worker
activists, Hu Mingjun and Wang Sen, were found guilty of subversion for
supporting December 2000 worker protests in Sichuan Province. In June
Di Tiangui was detained after trying to organize a national federation
of retired workers. Di also was charged with subversion.
Other labor activists, detained in previous years, were reportedly
still in detention at year's end. Shanghai labor dissident Wang
Miaogen, detained in 1996, was still being held in a psychiatric
hospital. Li Wangyang, who was released from prison in June 2000 after
serving 11 years of a 13-year sentence for organizing an independent
union during the 1989 prodemocracy movement, and who was sentenced to a
second prison term in 2001 for ``incitement to subvert state power,''
remained in prison. Other labor activists reportedly still in detention
included Zhang Shanguang, Li Jiaqing, Miao Jinhong, Ni Xiafei, Li
Keyou, Liao Shihua, Yue Tianxiang, Guo Xinmin, He Zhaohui, Liu
Jingsheng, and labor lawyer Xu Jian.
The country was a member of the ILO and had ratified core ILO
conventions prohibiting child labor, including the worst forms of child
labor, and discrimination in remuneration for male and female workers.
At year's end, the Government had not ratified other core conventions
regarding the right of association, the right to collective bargaining,
and the prohibition against compulsory labor. However, in 2001 the
Government signed a memorandum of understanding with the ILO for
cooperation in such areas as industrial relations, employment
promotion, and occupational safety.
At year's end, the Government had not replied to an ILO request for
further information in connection with a 1998 complaint brought to the
ILO by the International Confederation of Free Trade Unions (ICFTU)
alleging the detention of trade unionists and violations of the right
to organize. During the year, the ICFTU submitted another complaint to
the ILO alleging repression of independent workers' protests in
Liaoyang and Daqing and calling attention to the sentencing of two
worker activists in Sichuan Province.
The ACFTU maintained active relations with international trade
union organizations and established exchanges and cooperative relations
with more than 400 trade unions and international and regional trade
organizations in more than 130 countries and regions. In 2000 the ACFTU
received its first-ever visit from the head of the ICFTU, and during
the year reportedly hosted another ICFTU team. Also during the year, an
ACFTU representative was, for the first time, elected to the governing
body of the ILO.
In 2001 one of the first free elections, by secret ballot, of the
leadership of a factory's ACFTU-affiliated union was held at a foreign-
owned factory in Guangdong. In October a second such election was held
at a foreign-owned factory in Fujian Province.
b. The Right to Organize and Bargain Collectively.--The Labor Law
permits collective bargaining for workers in all types of enterprises.
Under the law, collective contracts are to be developed through
collaboration between the labor union (or worker representatives in the
absence of a union) and management and should specify such matters as
working conditions, wage scales, and hours of work. The law also
permits workers and employers in all types of enterprises to sign
individual contracts, which are to be drawn up in accordance with the
collective contract.
The country's shift toward a market economy and changing labor-
management relations created pressures for collective bargaining that
would include more genuine negotiations and take workers' interests
into greater account. The amended Trade Union Law specifically
addresses unions' responsibility to bargain collectively on behalf of
workers' interests; however, in practice genuine collective bargaining
still did not occur. The ACFTU continued to rely on arrangements among
party representatives, management, and union leaders, in which workers
had virtually no input.
In the private sector, where official unions were few and
alternative union organizations were unavailable, workers faced
substantial obstacles to bargaining collectively with management.
Workplace-based worker committees were common. These committees
were expected to guide union activities and be the vehicle for worker
input into enterprise policies. However, in SOEs, many were little more
than rubber stamps for deals predetermined by enterprise management,
the union, and the CCP representative.
The amended Trade Union Law strengthens the longstanding
prohibitions against antiunion discrimination by providing specific
legal remedies for such actions (see Section 6.a.). The law also
specifies that union representatives may not be transferred or
terminated by enterprise management during their term of office. These
provisions were aimed primarily at the private sector, where resistance
to unions was common. Antiunion activity was virtually unknown in the
state-owned sector.
Neither the Constitution nor the law provides for the right to
strike. The amended Trade Union Law acknowledges that strikes may
occur, in which case the union is to reflect the views and demands of
workers in seeking a resolution of the strike. Some observers have
interpreted this provision to offer at least a theoretical legal basis
for the right to strike. However, government treatment of worker
protests as illegal demonstrations established that there was still no
officially accepted right to strike. In addition, no other types of
planned worker action were allowed.
As the pace of economic change accelerated, changing relationships
between workers and management, growing unemployment, wage and benefit
arrearages, and uncertainties about the viability of a new social
safety net system resulted in a growing number of labor disputes and
spontaneous protests.
The number of labor disputes and protests continued to rise during
the year, and the intensity of these protests increased. In March
thousands of oil workers in Daqing, Heilongjiang Province, publicly
protested the terms of their severance from a state-owned oil company.
Also in March, thousands of workers in Liaoyang and Fushun cities in
Liaoning Province protested unpaid wages, layoffs, and alleged
corruption. As in previous years, officials largely avoided using
violence to end the protests and relied on the police to control and
disperse protesters. High-level government officials investigated the
circumstances of the Daqing protests and were reported to have
concluded that the oil company followed the law in its severance
policies. In the Liaoyang protests, police detained four protest
leaders.
The Labor Law provides for mediation, arbitration, and court
resolution of labor disputes. Under these procedures, cases are to be
dealt with first in the workplace, through a mediation committee, then,
if unresolved, through a local arbitration committee under government
sponsorship. If no solution is reached at this level, the dispute may
be submitted to the courts. According to Ministry of Labor and Social
Security (MOLSS) statistics, 64,000 labor disputes were settled through
mediation in 2001. Arbitration committees nationwide handled 155,000
disputes in 2001, an increase of approximately 14 percent over the
previous year. Of these cases, 150,000 were resolved.
Observers differed over the effectiveness of these dispute
resolution procedures in protecting workers' rights and interests.
Workers were reported to have little trust in the fairness of workplace
mediation. They viewed unions, which played a major mediation role, as
inclined to favor management. A 1999 ICFTU report contended that
mediation efforts often were preferential to employers and were largely
ineffective in advocating worker rights. Workers appeared to favor
arbitration over workplace mediation. While workers had little say in
the choice of arbitrators and often looked with suspicion on the local
government role in the process, the majority of arbitration decisions
favored workers. In the view of some observers, this fact helped to
explain the rapid rise in the number of arbitration cases.
Laws governing working conditions in Special Economic Zones (SEZs)
were not significantly different from those in effect in the rest of
the country. Lax enforcement of these laws by provincial and local
officials was a serious problem in the SEZs, as in other parts of the
country. Wages in the SEZs and in the southeastern part of the country
generally were higher for some categories of workers 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 investors in the SEZs were able to
negotiate ``sweetheart'' deals with local partners that bypassed labor
regulations requiring the provision of benefits and overtime
compensation. Some foreign businesses in the SEZs had ACFTU-affiliated
unions, and management reported positive relations with union
representatives, in part because the ACFTU discouraged strikes and work
stoppages.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, and the Government denied that forced or bonded labor
was a problem. However, forced labor was a problem in penal
institutions. Prisoners regularly worked in prisons and reeducation-
through-labor institutions. In some cases, prisoners worked in
facilities directly connected with penal institutions; in other cases,
they were contracted to nonprison enterprises. The economic benefits
that penal institutions received from prisoners' work and the
inconsistent application of standards of official accountability
increased the chance that prison labor was coerced and abusive.
Some persons in pretrial detention also were required to work.
Inmates of custody and repatriation centers, who were detained
administratively without trial, were required to perform labor while in
detention, often to repay the cost of their detention (see Section
1.d.). Most such inmates performed agricultural labor.
In 1992 and 1994, the U.S. and Chinese governments signed
agreements that allow U.S. officials, with the approval of the
Government, to visit prison production facilities to check specific
allegations that prisoners in these facilities have produced goods
exported to the United States. Some, although not all, of these
allegations claimed that these goods were produced under conditions of
forced labor. Since these agreements were signed, the Government's
cooperation with U.S. officials has been poor. Between 1997 and 2001,
the Government allowed U.S. officials to conduct only one visit to a
prison labor facility. During the year, limited progress was made with
the initiation of regular meetings between U.S. Embassy and Ministry of
Justice officials. Embassy officials conducted one prison visit during
the year. However, the Government did not change its position that
reeducation-through-labor facilities were not prisons, and no progress
was made in allowing Embassy officials to visit them under the prison
labor agreements.
Most anecdotal reports contended that working conditions in the
penal system's light manufacturing factories were similar to those in
other factories, while conditions in prison farms and in mines were
often particularly severe. In May 2001, 39 prisoner-miners were killed
in a coal mine flood in Sichuan Province. There were no comprehensive
statistics for work-related deaths and injuries among prisoners.
The Government prohibits forced and bonded labor by children, but
some child trafficking victims were reportedly sold into forced labor
(see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children, but the
Government had not adopted a comprehensive policy to combat child
labor. The labor law specifies that, with a few strictly supervised
exceptions, ``no employing unit shall be allowed to recruit juveniles
under the age of 16.'' The Labor Law specifies administrative review,
fines, and revocation of business licenses of those businesses that
illegally hire minors. The law also stipulates that parents or
guardians should provide for children's subsistence. Workers between
the ages of 16 and 18 were referred to as ``juvenile workers'' and were
prohibited from engaging in certain forms of physical work, including
labor in mines.
The Government maintained that the country did not have a
widespread child labor problem, and it was generally believed that the
majority of children who worked did so at the behest of their families,
especially in impoverished rural areas, to supplement family income.
Apart from agricultural work, child workers in rural areas appeared to
work primarily for township and village enterprises. In urban areas,
they worked as car washers, garbage collectors, and street vendors.
Some observers believed that coal mines, which often operated far from
urban centers and out of the purview of law enforcement officials, also
occasionally employed children. The existence of a large adult migrant
labor force, often willing to work long hours for low wages, reduced
the attractiveness of child labor for employers.
However, in an apparent shift from the Government's previous
reluctance to acknowledge that child labor was a problem, in 2001 the
Government publicly convened an interagency commission, under the
leadership of the Ministry of Public Security, to study the issue. In
October the State Council issued regulations updating and strengthening
existing child labor prohibitions. For example, the regulations require
employers to check the identity cards of all applicants and specify
fines for violations.
Some students worked in light industrial production within or for
their schools. In 2001 an explosion at an elementary school in Jiangxi
Province killed 42 persons, most of them school children. Local
residents credibly claimed that fireworks, assembled by pupils in the
school, caused the explosion. The Government initially denied this
allegation but later implicitly acknowledged its accuracy. In the wake
of the accident, the Jiangxi Provincial Education Department ordered
all primary and secondary schools to conduct safety inspections, to
limit outsiders' access to school facilities, and to ensure that
``production activities that might compromise the safety of teachers
and students'' were prohibited. In addition, some local and provincial
officials were dismissed.
In June the Government ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The Labor Law provides for broad
legal protections for workers on such matters as working hours, wages,
and safety and health. The amended Trade Union Law strengthens the
authority of unions to protect workers against violations of their
legal rights or contractually agreed conditions of work. The Law on the
Prevention and Treatment of Occupational Diseases, passed in 2001, and
the Production Safety Law, passed during the year, clarify
responsibilities for work-related illness and accidents and provide for
specific penalties for violation of the law. Nonetheless, lax
enforcement of these laws and related regulations was a problem.
There was no national minimum wage. The Labor Law allows local
governments to determine their own standards for minimum wages. Local
governments generally set their minimum wage at a level higher than the
local minimum standard income but lower than the average wage.
Widespread official corruption and efforts by local officials to
attract and keep taxpaying, job-producing enterprises that might
otherwise locate elsewhere undercut enforcement of the minimum wage
provisions.
The Labor Law mandates a 40-hour standard workweek, excluding
overtime, and a 24-hour weekly rest period. It also prohibits overtime
work in excess of 3 hours per day or 36 hours per month and mandates a
required percentage of additional pay for overtime work. However, these
standards were regularly violated, especially in the private sector.
They were particularly ignored in enterprises that could rely on a vast
supply of low-skilled migrant labor. In many industries such as textile
and garment manufacturing, compulsory overtime reportedly was common,
often without overtime pay. During the year, auditors found that some
factories routinely falsified overtime and payroll records. There also
were reports of workers being prevented from leaving factory compounds
without permission.
Occupational health and safety concerns remained serious. The poor
enforcement of occupational health and safety laws and regulations
continued to put workers' lives at risk. The State Administration for
Work Safety (SAWS), which was administratively joined with the State
Administration for Coal Mine Safety Supervision (SACMSS), was
responsible for providing a nationwide framework for work safety. The
Ministry of Health was responsible for prevention and treatment of
occupational illness. SAWS/SACMSS staffed nearly 70 field offices
throughout the country. Some provincial and local governments have
followed the national pattern of establishing separate work safety
agencies. However, enforcement of national health and safety standards,
which was the responsibility of governments below the national level,
remained very weak.
Workplace health and safety did not improve significantly during
the year, and there continued to be a high rate of industrial
accidents. According to official statistics, 87,320 workers were killed
in work-related (including traffic) accidents in the first 9 months of
the year. Of these, 9,216 were killed in industrial and mining
accidents. Of the 9,216, 4,205 were killed in coal mining accidents.
These official statistics almost certainly underestimated the real
scope of workplace deaths and injuries. Enterprise owners and managers
sometimes failed to report accidents and health problems. Local
officials also often underreported such incidents.
The high rate and seriousness of coal mining accidents highlighted
serious enforcement problems in that sector. For example, on December 6
a fire in an illegal single-shaft mine run by government-owned Wanbao
Coal Mine in Taonan City, Jilin Province, killed 30 persons. In recent
years, the Government shut tens of thousands of small coal mines and
announced tougher mine inspection and closure standards. Some of the
worst mining accidents occurred in mines that had reopened illegally
after being officially closed. Observers attributed the enforcement
problem in the coal mining sector primarily to corruption; a need to
sustain employers in small localities, where many of the most dangerous
mines were located; and a paucity of inspectors.
Less than half of rural enterprises met national dust and poison
standards. Many factories that used harmful products, such as asbestos,
not only failed to protect their workers against the ill effects of
such products, but also failed to inform them about the hazards.
Approximately 43.5 million workers were reported to be
participating in the country's new work-injury insurance system at the
end of 2001. This total represented an increase from the 42 million
workers covered at the end of 2000 but fell short of the announced
target of 50 million.
In recent years, small but growing numbers of workers began to use
lawsuits to pursue work injury and illness claims against employers.
f. Trafficking in Persons.--The law prohibits trafficking in women
and children; however, trafficking in persons and the abduction of
women for trafficking were serious problems. The country was both a
source and destination country for trafficking in persons. Most
trafficking was internal for the purpose of providing lower-middle
income farmers with brides or sons, but a minority of cases involved
trafficking of women and girls into forced prostitution in urban areas,
and some reports suggested that some victims, especially children, were
sold into forced labor.
Internal trafficking was a significant problem. 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. The problem
of a shortage of marriageable women was exacerbated by the tendency for
many village women to leave rural areas to seek employment. In
addition, the cost of traditional betrothal gifts given to a bride's
family sometimes exceeded the price of a trafficked bride and thus made
purchasing a bride more attractive to poor rural families. Some
families addressed the problem of a shortage of women by recruiting
women in economically less advanced areas. Others sought help from
criminal gangs, which either kidnaped women and girls or tricked them
by promising them jobs and an easier way of life and then transported
them far from their home areas for delivery to buyers. Once in their
new ``family,'' these women were ``married'' and raped. Some accepted
their fate and joined the new community; others struggled and were
punished. According to reports, many of the kidnapings also occurred in
provinces where the male to female ratio was generally balanced.
There were reports that women and girls from Burma, Laos, North
Korea, Vietnam, and Russia were trafficked into the country either to
work in the sex trade or to be forced to marry Chinese men. Trafficking
of North Korean women and girls into the country to work in the sex
industry was reportedly widespread in the northeastern part of the
country; border guards reportedly were involved. Many such women,
unable to speak Chinese, were virtual prisoners. Others chose to stay
in their new situation because China was less poverty-stricken than
North Korea. A few of the Korean women were sold against their will to
rural men in both ethnic Korean and ethnic Han areas. Others ended up
working as prostitutes. According to press reports, North Korean brides
were sold for approximately $38 (RMB 315) to $150 (RMB 1,245). Women
reportedly also were trafficked from Vietnam into the country for
purposes of forced marriage.
Chinese citizens were trafficked from the country for sexual
exploitation and indentured servitude in domestic service, sweatshops,
restaurants, and other services. There were reports that Chinese
citizens were trafficked to Belgium, Burma, Canada, Hungary, Italy,
Japan (illegal immigrants held in debt bondage), Malaysia, the
Netherlands (for the purpose of sexual exploitation), Singapore, Sri
Lanka (for sexual exploitation), Taiwan, the United Kingdom (for sexual
exploitation), and the United States. A large number of citizens were
trafficked through Hong Kong.
Most trafficked Chinese women in Malaysia were from the coastal
areas of Guangdong, Fujian, and Shanghai; they were trafficked by
ethnic Chinese gangs. Most Chinese women trafficked to Australia
reportedly came from Shanghai, Hong Kong, and Guangzhou.
In February a Singapore court jailed for 30 months a man who
trafficked four Chinese women to be waitresses on a Singapore-based
cruise ship. The young women were forced to work as prostitutes on the
ship after their arrival. In 2000 authorities in Italy reported that an
estimated 30,000 illegal Chinese immigrants worked 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 had ties to organized crime and were
international in scope. Persons trafficked by alien smugglers paid high
prices for their passage to other countries, where they hoped that
their economic prospects would improve. There were credible reports
that some promised to pay from $30,000 to $50,000 (RMB 248,000 to
415,000) each for their passage. Upon arrival, many reportedly were
forced to repay the traffickers for the smuggling charges by working in
specified jobs for a set period of time. They often also were forced to
pay charges for living expenses out of their meager earnings. The
conditions under which these trafficked persons had to live and work
were generally poor, and they were often required to work long hours.
The smuggling rings that trafficked them often restricted their
movements, and their travel documents, which were often fraudulent,
frequently were confiscated. Victims of trafficking faced threats of
being turned in to the authorities as illegal immigrants and threats of
retaliation against their families at home if they protested the
situation in which they found themselves.
Kidnaping and the buying and selling of children continued to
exist, especially in poorer rural areas. There were no reliable
estimates of the number of children trafficked. Domestically, most
trafficked children were sold to couples unable to have children; in
particular, boys were trafficked to couples unable to have a son.
Children were also trafficked for labor purposes. Children trafficked
to work usually were sent from poorer interior areas to relatively
richer areas; traffickers reportedly often enticed parents to
relinquish their children with promises of large remittances that their
children would be able to send to them. In an effort to gain a degree
of control over this problem, in mid-2000, the Government began to use
DNA technology to confirm parentage. The Chinese Ministry of Public
Security reportedly invested millions of dollars to establish a
national DNA databank. During the year, the databank was operational.
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.'' This decision made abduction and sale separate offenses.
Beginning in 2000, authorities organized a nationwide crackdown
aimed at stemming the growth of trafficking in women and children. As
part of that program, according to official media reports, 110,000
women and 13,000 children who had been abducted were rescued.
Authorities have continued to combat the problem of trafficking; in
2000 they arrested more than 19,000 persons, and sentenced more than
11,000 to punishments including, in a few cases, death.
However, despite government efforts to crack down on trafficking in
women and children, the demand far outstripped the available supply,
making trafficking a profitable enterprise for those willing to risk
arrest and prosecution.
The Government continued to struggle with the pervasive problem of
official corruption, as demonstrated by the prosecution and sentencing
of roughly 18,000 officials on corruption-related charges in 2000.
There were foreign reports of complicity of local officials in the
related problem of alien smuggling, as well as reports of the
complicity of local officials in prostitution, which sometimes involved
trafficked women. Disregard of the law also manifested itself at the
village level, where village leaders have in some cases sought to
prevent police from rescuing women who have been sold as brides to
villagers.
Agencies involved in combating trafficking included the Ministry of
Public Security, the Supreme People's Court, the Supreme People's
Procuratorate, the Ministry of Civil Affairs, the Central Office in
Charge of Comprehensive Management of Public Order, and the Legislative
Office of the State Council.
Some victims of domestic trafficking were given assistance and
returned to their homes. It was central government policy to provide
funds to provincial and local police to house victims and return them
to their homes. Government-funded women's federation offices provided
counseling on legal rights, including the options for legal action
against traffickers, to some victims. The All-China Women's Federation
assisted victims in obtaining medical and psychological treatment.
Persons who were trafficked from the country and then repatriated
sometimes faced fines for illegal immigration upon their return; after
a second repatriation, such persons could be sentenced to a term in a
reeducation-through-labor camp. Alien smugglers were fined $6,000 (RMB
50,000) and most were sentenced to up to 3 years in prison, although
some have been sentenced to death.
Although the central government and various provincial and local
governments have attempted to crack down on the sex trade and thus on
one type of trafficking, there were numerous credible reports in the
media of complicity in prostitution by local officials. Actions to stop
this lucrative business were largely ineffective. According to press
reports, at least eight persons convicted of trafficking women and
children for prostitution were executed during a 2001 campaign, and at
least seven others were sentenced to long prison terms. The effort to
combat trafficking continued during the year. On September 10, death
sentences were granted to 10 members of a gang of child traffickers
based in Hebei for kidnaping and selling 16 children between June 2000
and April 2001. Eight other gang members were given life sentences. The
Government also maintained a national telephone hot line on abduction,
as well as a national databank on victims and traffickers.
Nongovernmental experts observed that the national campaign against
trafficking focused primarily on the criminal aspects of the
trafficking problem and less on the reintegration of victims into their
communities, despite the involvement of the ACWF.
UNICEF trained law enforcement personnel to work with trafficking
victims. During the year, the Government conducted public education
campaigns in provinces and counties against trafficking as a preventive
measure. The campaigns included speeches by national and provincial
leaders, newspaper articles, and television programs. In addition, the
Government-funded ACWF and its subsidiary women's federations at the
provincial level conducted educational activities. In some cities,
signs in bus and train stations warned women of potential dangers, and
police in the stations were trained to look for women who might be
traveling against their will.
tibet
(The United States recognizes the Tibet Autonomous Region (TAR),
hereinafter referred to as ``Tibet,'' to be part of the People's
Republic of China. The 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. For
information on ethnic Tibetans living in other regions of China outside
the TAR, see the China Country Report on Human Rights Practices.)
Respect for the Integrity of the Person.--The Government's human
rights record remained poor, although there were some positive
developments. The year was marked by the first early releases of
Tibetan political prisoners, with seven prisoners released before
serving their full sentences. The Government also permitted visits to
Tibet by emissaries of the Dalai Lama and provided reporters and
foreign officials with somewhat greater access to the region. However,
authorities continued to commit serious human rights abuses, including
instances of torture, arbitrary arrest, detention without public trial,
and lengthy detention of Tibetan nationalists for peacefully expressing
their political or religious views. The overall level of repression of
religious freedom in Tibet, while somewhat less oppressive for lay
followers than in previous years, remained high. Individuals accused of
political activism faced ongoing harassment during the year. There were
reports of imprisonment and abuse of nuns and monks accused of
political activism. Security was intensified during sensitive
anniversaries and festival days, while activities viewed as vehicles
for political dissent, including celebration of some religious
festivals, were suppressed. There were reports of small-scale political
protests by ethnic Tibetans in a number of ethnic Tibetan areas,
including areas outside Tibet.
There were no reports of prisoner deaths during the year. Deaths of
at least 41 Tibetan political prisoners since 1989 can be attributed to
severe abuse under detention; at least 20 of those prisoners had been
in Lhasa's Drapchi Prison. In 2001 Ngawang Lochoe (also known as
Dondrub Drolma), a 28-year-old nun at Sandrup Dolma Lhakang temple,
reportedly died after serving 9 years of a 10-year sentence for
participating in ``counterrevolutionary propaganda and incitement.''
She died the same day that she was moved to a hospital from Drapchi
Prison, reportedly from respiratory and heart failure.
During the year, Chinese authorities granted early releases to
seven Tibetan political prisoners, with sentence reductions ranging
from 2 months to 12 years. Ngawang Choephel, a Tibetan
ethnomusicologist sentenced in 1996 to 18 years in prison on charges of
espionage, was released on medical parole in January.
Five nuns serving long prison terms for protest-related activity
were released prior to the end of their prison terms; three of these
terms were due to expire within a year. Ngawang Sangdrol, the longest-
serving female political prisoner in Tibet, was released on medical
parole on October 17. Her prison sentence had been extended three times
for her involvement in prison demonstrations but in 2001 was reduced by
18 months for good behavior. She was due for release in 2011. During
her incarceration, she was beaten severely on multiple occasions and
held in solitary confinement for an extended period. On March 21,
Gyaltsen Dolkar was released after serving more than 11 years of a 12-
year sentence for demonstrating and recording patriotic Tibetan songs.
In May Tenzin Thubten and Ngawang Choekyi were released. They were also
among the group of 14 nuns who received lengthy sentence extensions for
recording songs in prison in 1993. Tenzin Thubten was 2 months short of
serving her full 12-year sentence when released, while Ngawang Choekyi
was released almost 3 years before the end of her term. Ngawang Choezom
was released in June, 9 months before the end of her 11-year sentence.
In March Tibet's longest-serving political prisoner, Takna Jigme
Sangpo, was released from Drapchi Prison into the custody of a Lhasa
relative. He subsequently left the country for medical treatment and,
at year's end, resided in Europe. Sangpo, who in the 1960s and 1970s
had served 13 years in prison, was given a 15-year sentence in 1983 for
``spreading and inciting counter-revolutionary propaganda.'' He
subsequently received two sentence extensions for protest activity in
prison and was scheduled for release in September 2011.
There were credible reports that prisoners continued to be
mistreated. Many former prisoners maintained that authorities used
electric shocks, suspension in painful positions, and other forms of
torture and abuse. Prisoners routinely were subjected to ``political
investigation'' sessions and were punished if they were deemed to be
insufficiently loyal to the state. Unrepentant political prisoners at
Lhasa's Drapchi Prison were sent to ``isolation cells'' for 6 months to
1 year to ``break their spirit.'' Prisoners in this detention area were
kept isolated from other prisoners, and sometimes were confined to
solitary cells. Sangpo described six other prisoners as having served
some portion of their sentences there.
According to Chinese officials, Chadrel Rinpoche, who was accused
of betraying state secrets while helping the Dalai Lama choose the 11th
reincarnation of the Panchen Lama, was released from prison in
February, having served his full sentence. Officials claimed that since
his release he has been ``studying scriptures in seclusion,'' but
credible reports indicated that he effectively was held under house
arrest.
In December an appeals court upheld death sentences against Tenzin
Delek Rinpoche and Lobsang Dhondup, who were arrested and sentenced
earlier in the year for alleged involvement in a series of bombings in
Sichuan (see Section 1.e.).
Jigme Tenzin Nyima and Nyima Choedron, owners of a Lhasa orphanage
closed by officials in 1999, were convicted of ``espionage and
endangering national security'' and were serving sentences, according
to a Prison Administration Bureau official. The status of a third
orphanage staff member, reportedly still under detention at year's end,
was unknown.
Legal safeguards for ethnic Tibetans detained or imprisoned were
the same as those in the rest of China and were inadequate in both
design and implementation. A majority of judges were ethnic Tibetans,
but most had little or no legal training. Authorities worked to address
this problem through increased legal education opportunities. Trials
were brief and were closed if issues of state security were involved.
Maximum prison sentences for such crimes were 15 years for each count,
not to exceed 20 years in total. Such cases mainly concerned actions in
support of Tibetan independence, and such activities did not have to be
violent to be illegal or to draw a heavy sentence.
The lack of independent access to prisoners and prisons made it
difficult to assess the extent and severity of abuses and the number of
Tibetan prisoners. According to the Tibet Information Network (TIN),
there were 160 to 170 Tibetan political prisoners imprisoned in China,
a majority of whom were monks and nuns imprisoned in Tibet. A Prison
Administration Bureau official told a foreign delegation in May that of
the 2,300 prisoners currently serving sentences in Tibet, 5 percent
were incarcerated for ``endangering state security or national unity.''
He reported that, due to releases, the number decreased from 115 such
prisoners in 2001 to 110 prisoners as of May. Based on TIN's February
report, these included approximately 90 monks and 15 nuns. In August
three monks at Drepung Monastery and two at nearby Nechung Monastery
were detained after a picture of the Dalai Lama was found in the car of
one of the monks. Two of the monks also were implicated in an attempt
to raise the Tibetan flag at a ceremony celebrating the ``50th
Anniversary of Tibet's Peaceful Liberation'' in 2001.
Family planning policies permit most ethnic Tibetans, as well as
other minority groups resident in Tibet, to have more children than Han
Chinese, who were subject to the same limits as Han Chinese in other
areas of the country. Urban Tibetans were permitted to have two
children, while those in rural areas often had three or more. In
practice, Tibetans working for the Government, especially Communist
Party members, were pressured to limit themselves to one child.
The Government regulated foreign travel to Tibet, requiring
individual travelers to secure permits for entry to Tibet. Movement of
foreigners within Tibet also was controlled tightly. Official visits
were supervised closely and afforded delegation members very few
opportunities to meet local persons not previously approved by the
local authorities. Travel of foreigners and foreign NGO staff was
closely monitored, although some foreign NGOs reported fewer
restrictions on their travel.
During the year, there were many reliable reports of increased
difficulties for ethnic Tibetan residents in obtaining passports. The
Government also placed restrictions on the movement of ethnic Tibetans
during sensitive anniversaries and events and increased controls over
border areas at these times. There were numerous reports of arbitrary
detention of persons, particularly monks, returning to Tibet from
Nepal. Detentions generally lasted for several months, although in most
cases no charges were brought formally.
Forced labor reportedly was used in some prisons, detention
centers, reeducation-through-labor facilities, and at work sites where
prisoners were used as workers. Prisoners at many sites received some
remuneration and could earn sentence reductions by meeting or exceeding
work quotas.
Chinese law mandates that prisoners may be required to work up to
12 hours per day, with 1 rest day every 2 weeks. However, some former
prisoners reported that work requirements were more onerous than those
set forth in the law. At Drapchi Prison, male prisoners reportedly
worked in vegetable fields and in factories at the prison. Female
prisoners cleaned toilets and also were involved in tailoring,
cleaning, or spinning and sorting wool to be used in the manufacture of
carpets and sweaters.
Freedom of Religion.--The overall level of religious repression in
Tibet, while less oppressive for lay followers than in previous years,
remained high. The Government maintained tight controls on some
religious practices and some places of worship. While it allowed many
types of religious activity, the Government did not tolerate religious
manifestations that it viewed as advocating Tibetan independence or any
expression of separatism, which it describes as ``splittism.'' The
Government remained suspicious of Tibetan Buddhism in general because
of its links to the Dalai Lama, and this suspicion extended to
religious adherents who did not explicitly demonstrate their loyalty to
the State. Security was intensified during sensitive anniversaries and
festival days, while activities viewed as vehicles for political
dissent, including celebrations of some religious festivals, were
suppressed.
Early in the year, the Government continued its practice of harshly
criticizing the Dalai Lama's political activities and leadership of a
government-in-exile. However, the criticism was muted somewhat after
the Government extended invitations to several emissaries of the Dalai
Lama to visit Tibet and other areas of China. Gyalo Thondup, the Dalai
Lama's elder brother, visited in July, making his first trip to Tibet
since he left in 1959. In September Lodi Gyari and Kelsang Gyaltsen,
the Dalai Lama's representatives to the United States and Europe
respectively, traveled to Beijing, Lhasa, and other cities where they
met with a number of government officials. It was unclear whether the
Government viewed these visits as first steps toward dialog with the
Dalai Lama's representatives. The ban on the public display of
photographs of the Dalai Lama continued, and such pictures were not
readily available except illegally in many parts of Tibet.
Government officials stated that the ``patriotic education''
campaign, which began in the mid-1990s and dispatched work teams to
conduct intensive mandatory political training sessions for nuns and
monks at religious sites, was completed in 2000. Officials
acknowledged, however, that patriotic education activities for monks
and nuns continued on a regular basis at some monasteries and
nunneries. There were several credible reports during the year of work
teams conducting mandatory political training for monks and nuns at
specific religious sites in advance of important anniversaries or other
events. Training sessions, which addressed such topics as relations
between Tibetans and Han Chinese, Tibet's historical status as a part
of China, and the role of the Dalai Lama in attempting to ``split'' the
country, were aimed at enforcing compliance with government regulations
and policies, and either cowing or weeding out monks and nuns who
resisted political indoctrination and remained politically loyal to the
Dalai Lama.
According to regulations posted at the entrances of many
monasteries, monks were required to be ``patriotic,'' and authorities
often required monks and nuns to: Sign a declaration agreeing to reject
independence for Tibet; reject Gendun Choekyi Nyima, the boy recognized
by the Dalai Lama as the 11th reincarnation of the Panchen Lama; reject
and denounce the Dalai Lama's political authority; recognize the unity
of China and Tibet; and not listen to the Voice of America or Radio
Free Asia. Some noncompliant monks and nuns have been expelled from
religious sites. Others departed ``voluntarily'' rather than denounce
the Dalai Lama.
Ongoing political education requirements were resented deeply by
monks, nuns, and lay Buddhists. Although there was some reduction 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, many monasteries and nunneries were
disrupted severely, and some monks and nuns fled to India to escape the
campaigns.
The number of Tibetans who entered Nepal seeking refugee status to
escape conditions in Tibet decreased from approximately 3,000 in 2000
to 1,268 during the year, according to the UNHCR. It was difficult for
Tibetans to travel to India for religious purposes. Nevertheless, many
Tibetans, including monks and nuns, visited India via third countries
and returned to Tibet after temporary stays. In May TIN reported that
the Chinese government appeared to be making greater efforts to
encourage exiles to return to Tibet. While some exiled Tibetans have
returned, the approval process remained cumbersome.
Chinese officials stated that Tibet had more than 46,000 Buddhist
monks and nuns and more than 1,700 monasteries, temples, and religious
sites. However, officials have cited these same figures since 1996,
despite the fact that the numbers of monks and nuns have dropped
significantly at many sites as a result of the patriotic education
campaign and the expulsion of ``unpatriotic'' monks and nuns. These
figures encompass only Tibet; tens of thousands of monks and nuns live
in other ethnic Tibetan areas of China, including parts of Sichuan,
Yunnan, Gansu, and Qinghai Provinces. The Government stated that there
were no limits on the number of monks in major monasteries, and that
each monastery's ``democratic management committee'' (DMC) could decide
on its own how many monks the monastery could support. However, these
committees were government-controlled, and in practice the Government
generally imposed strict limits on the number of monks in major
monasteries. Some monasteries reportedly were required to decrease the
number of monks associated with them.
In 2001 Chinese authorities ordered thousands of monks and nuns to
leave the Serthar Tibetan Buddhist Institute, also known as the Larung
Gar monastic encampment, located in the Ganze Tibetan Autonomous
Prefecture in Sichuan Province. The Government maintained that the
facility, which housed the largest concentration of monks and nuns in
the country, was reduced in size for sanitation and hygiene reasons.
Foreign observers believed that the authorities moved against the
Institute because of its size and the influence of its charismatic
founder, Khenpo Jigme Phuntsok. After a year's absence, during which
time he underwent medical treatment, Khenpo Jigme Phuntsok was allowed
to return to Serthar in July, and thousands of monks and nuns were
again in residence at year's end.
The Government had the right to disapprove any individual's
application to take up religious orders; however, it did not exercise
this right uniformly. In some areas, it was against regulations to join
a monastery before the age of 18, but many younger boys continued the
tradition of entering monastic life. Young novices, who traditionally
served as attendants to older monks while receiving a basic monastic
education and awaiting formal ordination, continued to be admitted to
some TAR monasteries.
Most Tibetans practiced Buddhism to some degree. This held true for
many ethnic Tibetan government officials and Communist Party members.
Some 1,000 Tibetan Buddhist religious figures held positions in local
people's congresses and committees of the Chinese People's Political
Consultative Conference. The Government continued to insist that party
members adhere to the Party's code of atheism. A 3-year drive to
promote atheism and science among government workers, first begun in
January 1999, had apparently ended. During the year, some reports
indicated that government workers felt reduced pressure to restrict
their personal expressions of religious belief. However, authorities
continued to pressure public sector employees, through political
training and threats of termination, to demonstrate their loyalty to
the State and refrain from actions that could be construed as lending
explicit or tacit support to the Dalai Lama. Public sector employees
were reportedly pressured not to send their children to India to be
educated and to refrain from going on pilgrimages to Mt. Kailash, a
holy site in Western Tibet believed by Tibetan Buddhists to be the
abode of Lord Shiva, during the Sagadawa festival. Restrictions
prevented the celebration of the Dalai Lama's birthday in July.
However, major religious festivals such as Monlam, Sagadawa, and the
Drepung Shodon were celebrated in a slightly more open atmosphere than
in previous years.
The Government continued to oversee the daily operations of major
religious sites. The Government, which did not contribute to the
regular operating funds of monasteries, retained management control of
the monasteries through democratic management committees and local
religious affairs bureaus. In recent years, DMCs at several large
monasteries began to collect all funds generated by sales of entrance
tickets or donated by pilgrims, which previously were disbursed to
monks engaged in full-time religious study for advanced religious
degrees. As a result, such ``scholar monks'' had to engage in income-
generating activities at least part-time. Experts expressed concern
that fewer monks would be qualified to serve as teachers in the future
as a result. In addition, the Government moved in recent years to curb
the proliferation of monasteries, which it contended were a drain on
local resources and a conduit for political infiltration by the Tibetan
exile community.
During 1999 the TAR Religious Affairs Bureau confirmed that its
officers were members of the Communist Party and that members were
required to be atheists; a large percentage of the members of the
religious affairs bureaus were non-Tibetans. Regulations restrict
leadership of DMCs to ``patriotic and devoted'' monks and nuns, and
they specify that the Government must approve all members of the
committees. At some monasteries, government officials also sat on the
committees.
Following the December 1999 flight to India of the Karmapa, leader
of Tibetan Buddhism's Karma Kargyu school and one of the most
influential religious figures in Tibetan Buddhism, authorities
restricted access to Tsurphu monastery, the seat of the Karmapa. In
several public statements, the Karmapa asserted that he left because of
controls on his movements and the refusal either to allow him to go to
India to be trained by his spiritual mentors or to allow his mentors to
come to him. The Karmapa alleged that several of his personal
attendants were detained during the year. In August foreign officials
were allowed to visit the Tsurphu monastery, where approximately 300
monks were said to be in residence. There were few monks or other
visitors present during the visit. Officials claimed that the monks
were away on summer holiday visiting their families. According to
credible reports, no new monks have been permitted to enter Tsurphu
monastery since the Karmapa left, but religious activity at the
monastery continued.
The departure of the Karmapa increased tensions and heightened the
authorities' efforts to exert control over the process for finding and
educating reincarnated lamas. The Dalai Lama, who by tradition plays a
role in the selection of important religious figures, continued to
refuse to recognize the selection of Sonam Phuntsog as the seventh
reincarnation of the Reting Rinpoche, and many of the monks at Reting
Monastery reportedly also did not accept the child as the Reting
Rinpoche. Sonam Phuntsog lived with his family under heavy guard in his
residence near the monastery. Authorities tightly controlled access to
the area. Another young reincarnate lama, 9 year-old Pawo Rinpoche,
lived under effective house arrest at Nenang monastery and reportedly
was denied access to his religious tutors. The Pawo Rinpoche,
recognized by the Karmapa, was one of the senior Karma Kargyu lamas
remaining in Tibet.
The Panchen Lama is one of Tibetan Buddhism's most prominent
figures. The Government continued to insist that Gyaltsen Norbu, the
boy it recognized and enthroned in 1995, was the Panchen Lama's 11th
reincarnation. The authorities tightly controlled all aspects of his
life, and he made a highly orchestrated visit to Tibet in July. His
public appearances were marked by a heavy security presence, and the
authorities strictly limited access to the boy. Meanwhile, repeated
requests for access to Gendun Choekyi Nyima, the boy recognized by the
Dalai Lama as the 11th Panchen Lama, to confirm his well-being and
whereabouts, were denied. He first disappeared in 1995, when he was 6
years old. Government officials stated that the boy was being held for
his own protection and that he lived in Tibet and attended classes as a
``normal schoolboy.'' The authorities also maintained that both boys
were well cared for and were receiving a good education. The vast
majority of Tibetan Buddhists continued to recognize Gendun Choekyi
Nyima as the Panchen Lama. The Communist Party urged its members to
support the ``official'' Panchen Lama, and government authorities at
both the regional and city levels had pictures of the boy printed for
use in public and private religious displays; however, very few
photographs of him were on display. Instead, more prominently displayed
were pictures of the 10th Panchen Lama, which some foreign observers
interpreted as a rejection of Gyaltsen Norbu, the boy recognized by the
Government to be the Panchen Lama. Pictures of Gendun Choekyi Nyima
were banned by the Government.
The Government stated that since the end of the Cultural
Revolution, it had contributed sums in excess of $36 million to $48
million (RMB 300 to 400 million) toward the restoration of a number of
important Buddhist sites that were destroyed before and during the
Cultural Revolution. Government funding of restoration efforts
ostensibly was done to support the practice of religion but also was
done in part to promote the development of tourism in Tibet. Most
recent restoration efforts were funded privately, although several
large religious sites also received government support for
reconstruction projects during the year.
Economic Development and Protection of Cultural Heritage.--
Tibetans, as one of China's 55 minority ethnic groups, receive
preferential treatment in marriage and family planning policies, and,
to a lesser extent, in university admissions and government employment.
According to official government statistics, 74 percent of all
government employees in Tibet were ethnic Tibetans. Nonetheless, many
positions of political authority were held by ethnic Han Chinese, and
most key decisions in Tibet were made by ethnic Han. Although the TAR
government passed a law in May making Tibetan the official language of
Tibet and promoting its development, the widespread teaching and use of
Mandarin Chinese undermined the ability of younger Tibetans to speak
and read their native language.
Tibet is one of China's poorest regions, and ethnic Tibetans are
one of the poorest ethnic groups. The central government and other
provinces of China heavily subsidized the Tibetan economy, which,
according to official statistics, grew by an average annual rate of
over 10 percent for the last decade. Over 90 percent of Tibet's budget
came from outside sources. Tibet also benefited from a wide variety of
favorable economic and tax policies. Government development policies
have helped raise the living standards of most ethnic Tibetans,
particularly by providing better transportation and communications
facilities. However, in recent years, 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 as migrant workers from
China's large transient population sought to take advantage of the new
economic opportunities. Most of these migrants professed to be
temporary residents, but small businesses run by ethnic Han and Hui
citizens, mostly restaurants and retail shops, predominated in almost
all Tibetan cities.
The Dalai Lama, Tibetan experts, and others expressed concern that
development projects and other central government policies initiated in
1994 and reemphasized and expanded at the Fourth Tibet Work Forum in
2001 would continue to promote a considerable influx of non-Tibetan
Chinese into Tibet. They feared that Tibet's traditional culture and
ethnic Tibetan demographic dominance will be overwhelmed by such
migration.
Tibetans were reportedly discriminated against in employment in
some urban occupations; ethnic Han were hired preferentially for many
jobs and received greater pay for the same work. In addition, many jobs
required proficiency in Chinese, which limited opportunities for many
ethnic Tibetans. Connections also reportedly worked to the advantage of
the ethnic Han, who tended to hold most of the higher ranking
positions, and it was more difficult for Tibetans than Han to get
permits and loans to open businesses. Other fundamental worker rights
recognized by the International Labor Organization, including the right
to organize and the right to bargain collectively, that were broadly
denied in the rest of China were also denied in Tibet.
Rapid economic growth, the expanding tourism industry, and the
introduction of more modern cultural influences also have disrupted
traditional living patterns and customs and threatened traditional
Tibetan culture. In Lhasa the Chinese cultural presence was obvious and
widespread. Buildings were of Chinese architectural style, the Chinese
language was spoken widely, and Chinese characters were used in most
commercial and official communications. A traditional Tibetan-style
building complex located in the UNESCO-protected downtown area of Lhasa
was demolished during the year to make way for a more modern structure.
Chinese officials asserted that 95 percent of Tibet's officially
registered population was Tibetan, with Han and other ethnic groups
making up the remaining 5 percent. However, officials acknowledged that
these figures did not include the large number of ``temporary'' Han
residents, including military and paramilitary troops and their
dependents, many of whom had lived in Tibet for years. Many observers
estimated that more than half of Lhasa's population was Han Chinese,
and even official estimates put the number of temporary Han Chinese
residents at over 100,000; elsewhere in Tibet, the Han percentage of
the population was significantly lower. In rural areas, the Han
presence often was negligible.
Malnutrition among Tibetan children has historically been
widespread in many areas of the TAR. This was particularly true of
rural areas and resulted in high rates of stunted growth among
children. Nutritional deficiency ailments, such as goiter (from a lack
of iodine), night blindness (from a lack of Vitamin A), and rickets
were said to be relatively common among children in some areas. Special
programs, sponsored by both government bodies and foreign NGOs, were in
place in some areas to address these problems.
According to official government statistics, 42 percent of persons
in Tibet were illiterate or semi-literate. Illiteracy and semi-literacy
rates were as high as 90 percent in some areas. Approximately 87
percent of eligible children attended primary school. Most pupils in
rural areas received only 1 to 3 years of education.
Primary schools at the village level followed a Tibetan curriculum.
According to local education officials, Tibetan was the main language
of instruction in 60 percent of middle schools, especially in more
remote areas, although there were special classes offering instruction
in Chinese. However, some NGOs maintained that the official figures
were inaccurate, claiming that fewer Tibetan children received
instruction in the Tibetan language. Most of those who attended
regional high schools continued to receive some of their education in
Tibetan, but knowledge of Chinese was essential as most classes were in
Chinese. Tibetan curriculum high schools existed in a few areas. The
Government continued to allocate funds to enable Tibetan secondary
students to study in schools elsewhere in China. According to
government figures, there were 13,000 Tibetan students studying in
approximately 100 schools in different parts of China. Knowledge of
Chinese usually was necessary to receive a higher education, although
some colleges established to serve ethnic minorities allowed for study
of some subjects in Tibetan.
Tibet University was established to train Tibetan teachers for the
local educational system. Ethnic Tibetans resented the fact that Han
representation in the student body and faculty far exceeded their
proportion of the total TAR population. Although Tibetans were given
admission preference, Han Chinese students frequently gained admission
because they scored higher on admission exams due to stronger Chinese-
language skills and educational backgrounds. Authorities reportedly
required professors, particularly those from Tibet University's Tibetan
Language Department, which was viewed as a potential source of dissent,
to attend political education sessions and limited course studies and
materials in an effort to prevent separatist political and religious
activity on campus. Many ancient or religious texts were banned from
the curriculum for political reasons.
Prostitution was a growing problem in Tibet, as it was elsewhere in
the country. Hundreds of brothels operated semi-openly in Lhasa. Up to
10,000 commercial sex workers may have been employed in Lhasa alone.
Some of the prostitution occurred at sites owned by the Party, the
Government, and the military. Most prostitutes in Tibet were ethnic Han
women, mainly from Sichuan. However, a substantial number of ethnic
Tibetans, mainly young girls from rural or nomadic areas, also worked
as prostitutes. The incidence of HIV/AIDS among prostitutes in Tibet
was unknown but was believed to be relatively high.
During the year, there were reports that TAR authorities were
pressuring employers of ethnic Tibetans who were raised or educated in
India to dismiss such employees, especially in the tourism industry.
Lhasa tour agencies were forced to dismiss ethnic Tibetan tour guides
educated in India and Nepal. These guides were required to seek
employment with the Government's Tibet Tourism Bureau (TTB). Prior to
gaining employment with the TTB, applicants were required to pass an
examination on tourism and political ideology. Many Tibetan tour guides
educated abroad reportedly failed the exam.
Tibet Autonomous Regional Television, a Tibetan-language satellite
television channel, broadcast in Tibetan for 12 hours each day. There
also were two bilingual channels on which Tibetan language programs
made up 15 percent of the total. The Tibetan language services of Voice
of America (VOA) and Radio Free Asia (RFA), as well as of the Oslo-
based Voice of Tibet, suffered from the same jamming of their
frequencies by Chinese authorities as their Chinese language services.
However, Tibetans were able to listen to the broadcasts at least some
of the time. RFA stated that Tibetans were subject to intimidation and
fines for listening to foreign-language broadcasts.
The Internet has been available in Tibetan cities since 1999. Lhasa
had numerous Internet cafes, and the number of Internet users in Tibet
continued to grow rapidly.
China's economic development policies, supported in Tibet by
government subsidies, were modernizing parts of Tibetan society and
changing traditional Tibetan ways of life. Although the Government 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 continued to limit the fundamental freedoms of
ethnic Tibetans and risked undermining Tibet's unique cultural,
religious, and linguistic heritage.
hong kong
Hong Kong is a Special Administrative Region (SAR) of the People's
Republic of China (PRC), and maintains a high degree of autonomy except
in matters of defense and foreign affairs. It has well-established
institutions that support the rule of law and a vigorous civil society.
The Basic Law, the SAR's constitution, was approved by the PRC in 1990.
It provides for the protection of fundamental rights and calls for
progress toward universal suffrage and further democratization after a
10-year period, starting with Hong Kong's July 1, 1997 reversion to
Chinese sovereignty.
The Chief Executive is chosen by an 800-person selection committee
composed of individuals who are either directly elected, indirectly
elected, or appointed. The Chief Executive supervises a cabinet of
principal officers whom he appoints. The power of the Legislative
Council (legislature) is significantly circumscribed by the Basic Law.
The legislature is composed of 24 directly elected members representing
geographic districts, 30 indirectly elected members representing
functional (occupational) constituencies, and 6 members elected
indirectly by an election committee. Majorities are required in both
the geographic and the functional constituencies to pass legislation
introduced by individual legislators. Members could not initiate
legislation involving public expenditure, political structure,
government operations, or government policy.
By law and tradition, the judiciary is independent and the Basic
Law vests Hong Kong's highest court with the power of final
adjudication; however, under the Basic Law, the Standing Committee of
the PRC's National People's Congress (NPC) has the power of final
interpretation of the Basic Law.
A well-supervised police force under the firm control of civilian
authorities maintained public order. An Independent Police Complaints
Council, made up of public members appointed by the Chief Executive,
monitored and reviewed the work of an office that investigated public
complaints against the police. The 4,000 Chinese troops sent to Hong
Kong in 1997 to replace the British military garrison have maintained a
low profile and have not performed or interfered in police functions.
Hong Kong, with a free market economy, is an international trade,
shipping, and finance center and is a principal platform for trade and
investment with the PRC. The economy has suffered 5 years of deflation
and was stagnant in 2002 with gross domestic product (GDP) growth of
approximately 1.5 percent. Per capita GDP was approximately $24,000;
the population was approximately 6.8 million.
The Government generally respected the human rights of residents,
and the law and judiciary generally provided effective means of dealing
with individual instances of abuse. Human rights problems that existed
both before and after the handover included: limitations on residents'
ability to change their government and limitations on the power of the
legislature to affect government policies; some degree of media self-
censorship; violence and discrimination against women; discrimination
against the disabled and ethnic minorities; restrictions on workers'
rights to organize and bargain collectively; intimidation of domestic
workers of foreign origin; and trafficking in persons for the purposes
of forced labor and prostitution. Despite the ban on the Falun Gong in
mainland China, the Falun Gong remained legally registered, and
practitioners continued their activities in Hong Kong. In September the
Government issued a consultation paper to elicit public discussion of
legislation to implement Article 23 of the Basic Law, which triggered
intense public debate about the impact of such legislation on civil
liberties and fundamental freedoms. Article 23 calls for the Government
to draft and implement laws that criminalize subversion, secession,
treason, sedition, and theft of state secrets, and to criminalize links
with foreign political organizations that are harmful to national
security.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of arbitrary or unlawful deprivations of life committed by the
Government or its agents.
There were two cases of death in police custody in the first 6
months of the year. In May there were two cases of suicide involving
prison inmates. One case of death in police custody from 2001 was
pending results of an inquest.
b. Disappearances.--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.
There were no reports that police used excessive force against persons
in custody during the year. The law stipulates punishment for those who
violate these prohibitions. Disciplinary action could range from
warnings to dismissal. Criminal proceedings could be undertaken
independently of the disciplinary process. Allegations of excessive use
of force are required to be investigated by the Complaints Against
Police Office (CAPO), whose work was monitored and reviewed by the
Independent Police Complaints Council (IPCC), a body composed of public
members appointed by the Chief Executive.
There were no complaints of forced confessions during the year.
In the first 8 months of the year, CAPO received 322 complaints of
assault by the police against persons not in custody. Of the 107 cases
in which investigations were completed and endorsed by the IPCC, none
were substantiated. Seventy-six were withdrawn, 22 were deemed ``not
pursuable,'' 1 was judged to be ``no fault,'' 4 were judged to be
false, and 4 were judged ``unsubstantiated.'' The remaining 215 cases
were pending at year's end.
In February three police officers were jailed for fabricating
allegations against a disco manager to cover up a January 2001 assault
on him by one of the officers. In 2001 six police officers accused of
assaulting a television cameraman during interrogation were acquitted
in District Court. An internal police disciplinary inquiry was
completed; at year's end, the case was pending required follow-up
hearings.
The U.N. Human Rights Committee and local human rights groups have
called for a more independent and efficient monitoring body with
statutory powers, noting long delays in hearing some allegations, the
large difference between the number of complaints received and the few
that are substantiated, the light punishment that police officers
received when complaints were found to be substantiated, and the
unwillingness of some witnesses to pursue complaints for fear of
retribution. Various observers have expressed concern that police
responsibility for investigation of police misconduct undermined the
credibility of IPCC investigations and called on the Government to
reconsider its approach. At year's end, the Government was considering
legislation to provide a statutory basis for the IPCC, which would
allow it to set up its own secretariat, receive funding to hire its own
permanent staff, and initiate investigations.
Prison conditions generally met international standards. Men and
women were housed separately, juveniles were housed separately from
adults, and pretrial detainees were held separately from convicted
prisoners. From April 2001 to April 2002, the average occupancy rate
for Hong Kong's main prison facility was 131 percent, and the rate for
all other penal institutions was 113 percent. The Government began to
address the problem of prison overcrowding by converting buildings in
three locations to provide space for 520 additional prisoners and
redistributing the prison population. In addition, completion of the
Immigration Department's Detention Center in Tuen Mun in 2005 is
expected to provide 400 additional places and eliminate the housing of
immigration offenders in prison or detention facilities managed by the
Correctional Services Department.
The Government permitted prison visits by human rights monitors.
Local justices of the peace regularly inspected prisons, and most of
these visits were unannounced. However, the justices of the peace spoke
with prisoners in the presence of Correctional Services Department
staff. Human rights monitors have called for revisions to the
inspection system.
d. Arbitrary Arrest, Detention, or Exile.--Common law, legal
precedent, and the Basic Law provide substantial and effective legal
protection against arbitrary arrest or detention, and the Government
generally observed these provisions. Suspects must be charged within 48
hours or released. The average length of preconviction incarceration
did not exceed 80 days.
The law does not provide for, and the Government did not use,
forced exile.
e. Denial of Fair Public Trial.--The Basic Law provides for an
independent judiciary, and the Government generally respected this
provision in practice. The judiciary generally provided citizens with a
fair and efficient judicial process. The judiciary has remained
independent since the handover, underpinned by the Basic Law's
provision that Hong Kong's common law tradition be maintained. Under
the Basic Law, the courts may interpret on their own provisions of the
Basic Law that are within the limits of the autonomy of the region. The
courts also may interpret other provisions of the Basic Law that touch
on PRC central government responsibilities or on the relationship
between the central authorities and the SAR. Before making final
judgments on these matters, which are unappealable, the courts must
seek an interpretation of the relevant provisions from the Standing
Committee of the PRC's National People's Congress. The Basic Law
requires that when the Standing Committee makes an interpretation of
Basic Law provisions, the courts, in applying those provisions, ``shall
follow the interpretation of the Standing Committee.'' Judgments
previously rendered are not affected. The National People's Congress'
mechanism 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 long have expressed concern that this process, which
circumvents the Court of Final Appeal's power of final adjudication,
could be used to limit the independence of the judiciary or could
degrade the courts' authority.
In a controversial 1999 ``right of abode'' case (concerning the
right of certain persons to reside in Hong Kong), the Government, after
losing the case in the Court of Final Appeals, sought a
reinterpretation of relevant Basic Law provisions from the Standing
Committee of the PRC's National People's Congress. This action raised
questions about the independence and ultimate authority of the
judiciary. After the controversy, the Government expressed its
intention to make recourse to the NPC interpretation mechanism a rare
and exceptional act, and there have been no such occurrences since the
one instance in 1999.
The Court of Final Appeal is the SAR'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.
Legal experts and legislators have complained that the commission's
selection process is opaque. The Government responded that privacy
concerns prevented opening the process to the public. 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 the courts. Approximately 40 percent
of judges were expatriates from other common law jurisdictions. Judges
have security of tenure until retirement age (either 60 or 65,
depending on the date of appointment).
Under 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 magistrates' courts (which exercise 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 an
independent judiciary generally enforced this right. Trials were by
jury except at the magistrate-court level, and the judiciary provided
citizens with a fair and efficient judicial process.
Under corruption prosecution rules, there is a presumption of guilt
in official corruption cases. Under the Prevention of Bribery
Ordinance, a current or former government official who maintains a
standard of living above that which is commensurate with his official
income or who is in control of monies or property disproportionate to
his official income is, unless he can satisfactorily explain the
discrepancy, guilty of an offense. The courts have upheld this
practice.
Human rights activists remained concerned that the legal system may
favor those closely aligned with China. However, other observers
pointed out that significant convictions of mainland Chinese entities
or those close to them continued to occur, suggesting that the courts
were operating without undue bias.
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 were heard
in English. In recent years, the Government has developed a bilingual
legal system. It has increased the number of officers in the Legal Aid
Department proficient in Chinese and extended the use of bilingual
prosecution documents and indictments. All laws are bilingual, with the
English and Chinese texts being equally authentic. All courts and
tribunals could operate in either Chinese or English. Judges,
witnesses, the parties themselves, and legal representatives each could
decide which language to use at any point in the proceedings.
Some human rights groups alleged that the Government has not
protected vigorously enough the interests of Hong Kong residents
arrested in mainland China. There was no agreement allowing Hong Kong
officials access to Hong Kong residents arrested or detained in
mainland China. Under an agreement signed in 2000 and in effect since
2001, PRC and SAR public security authorities were required to notify
each other of certain categories of detentions of each other's
residents.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary interference with privacy,
family, home, and correspondence, and the Government generally
respected these prohibitions in practice. Interception of
communications was conducted under the Telecommunications Ordinance and
the Post Office Ordinance. Wiretaps required high-level authorization
for interception operations, but a court-issued warrant was not
required. The Government did not release information regarding how
often the Chief Executive used his powers to authorize telephone
wiretaps and interception of private mail.
The Office of the Privacy Commissioner for Personal Data (PCO),
established under the Personal Data (Privacy) Ordinance (PDPO), is
tasked with preventing the misuse and disclosure of data such as
medical and credit records. The PDPO 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. In other cases, an injured
party could seek compensation through civil proceedings. If the PCO
believes that violations may continue or be repeated, it may issue
enforcement notices to direct remedial measures. Between June 2001 and
June 2002, the PCO investigated 1,027 complaints of suspected breaches
of the ordinance, completing action on 956. The PCO found violations of
the PDPO in 30 of these cases, resulting in 1 successful prosecution
leading to a fine. The rest resulted in issuances of warning notices
and requirements for remedial action to comply with the Ordinance. The
Personal Data Privacy Ordinance is not applicable to PRC government
organs in Hong Kong. At year's end, the Government was considering
whether it should be made applicable to PRC bodies.
In March the Government introduced a draft privacy code that seeks
to outlaw secret video cameras and monitoring of e-mail and phone calls
in the workplace by employers. At year's end, the draft legislation
awaited action by the Legislative Council.
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 generally respected these
rights in practice. A wide range of views and topics appeared in the
press, including articles critical of the PRC and Hong Kong SAR
governments. Some who monitored press freedom asserted that some
journalists and news media practiced self-censorship, mainly in PRC-
related reporting. Overall, the media has been outspoken in defending
civil liberties; however, the Telecommunications Ordinance potentially
allows limits on some speech and press freedoms by granting the
Government wide-ranging powers to ban messages whenever it ``considers
that the public interest so requires.'' In practice, the Government has
never invoked this law to limit freedom of speech.
The Basic Law's Article 23 requires that the Government enact
legislation prohibiting treason, secession, sedition, subversion
against the Central People's government, and theft of state secrets,
and to criminalize links with foreign political organizations that are
harmful to national security. The process of introducing this
legislation began in September with the Government's release of a
consultation document proposing guiding principles for the legislation.
Legislative Council members, human rights groups, business
associations, representatives of the media, foreign governments, and
others voiced concern that when enacted these laws and other provisions
passed to implement Article 23 could restrict fundamental rights and
freedoms. Of particular concern were the proposed extension of treason,
sedition, secession, and subversion criminal offenses to permanent
residents, without regard to nationality or legal domicile; the
proposal to ban organizations affiliated with mainland political
organizations that have been banned by the PRC on national security
grounds; the proposal for extended emergency powers for the police; new
uncertainty about the parameters of ``unlawful disclosure'' of state
secrets; and other proposals perceived as potentially limiting freedom
of speech and press. Some concern derived from the Government's
decision to provide a consultation document, but not a draft of the
legislation itself, for public discussion. The Government stated
repeatedly that civil liberties were guaranteed by the Basic Law and
the ICCPR and that it had revised its proposal to accommodate public
concerns. Opponents of the proposed legislation conducted a series of
protests, including a December 15 march in which tens of thousands of
persons participated. A counter-rally in support of the legislation
also drew thousands of participants. At year's end, the process of
developing the legislation continued, and the Government expressed the
goal of passing the new provisions before the end of the legislative
session in July 2003.
Individuals could criticize the Government publicly or privately
without reprisal, and many persons spoke freely to the media and used
the media to voice their views. Political debate was vigorous, and
numerous viewpoints, including stories and opinions critical of the SAR
and PRC governments and statements by leading Chinese dissidents and
proindependence Taiwan activists, were provided in the mass media, in
public forums, and by political groups.
During the year, newspapers published a wide variety of opinions,
including opinions on Taiwan, Tibet, PRC leadership dynamics, Communist
Party corruption, and human rights. There were some 15 daily
newspapers, all privately owned in name although 4 were supported
financially--and guided editorially--by the PRC (Wen Wei Po, Ta Kung
Pao, the Hong Kong Commercial Daily, and the China Daily). The non-PRC-
owned newspapers, hundreds of periodicals, four commercial television
stations (broadcast and cable) and two commercial radio stations
functioned with virtually no government control. International media
organizations operated freely. Foreign reporters needed no special
visas or government-issued press cards for Hong Kong.
China still requires some journalists to apply for permission to
make reporting trips to the mainland, but in October the Government
somewhat eased those requirements, announcing that it would simplify
visa application procedures and drop the requirement for a host
organization for foreign journalists from Hong Kong, if their
organizations have offices in Beijing, Shanghai, or Guangdong Province.
All local journalists from Hong Kong can cover mainland stories, but
must register with the Hong Kong Macau Affairs Office. At least three
Hong Kong publications that were banned on the mainland were blocked
from registering their reporters for mainland reporting.
Despite regular coverage of sensitive subjects in print and in the
broadcast media, professional journalist groups and NGOs asserted that
media self-censorship continued. The Hong Kong Journalists Association,
for example, commented in a June report that self-censorship was on the
rise. The Association reported that subjects avoided included topics of
particular sensitivity to China, leadership dynamics, and Taiwanese and
Tibetan independence. In April the South China Morning Post (SCMP)
dismissed its Beijing bureau chief, Jasper Becker. Becker asserted that
he was dismissed because the paper was increasingly steering clear of
controversial mainland stories. The SCMP's editor, in turn, asserted
that Becker would not follow instructions from the paper's China
editor, and that the newspaper was not changing its policy on China
coverage and had not been directed by Beijing to dismiss Becker. The
SCMP continued to cover a number of sensitive political issues
involving the PRC and Hong Kong SAR governments. In August a leading
scholar of Chinese law submitted an article on the obstacles faced by
criminal defense lawyers in the PRC to ``China Law and Practice.''
Despite an initial commitment, the publishers of the journal ultimately
withdrew their offer to publish the article, citing ``political
realities.'' The publisher later denied self-censorship, stating that
the article contained comments that could result in defamation and
contempt of court charges.
The Government-owned Radio Television Hong Kong (RTHK) continued to
enjoy the editorial independence granted to it in its framework
agreement between the Government and the station's Director of
Broadcasting. Local pro-PRC figures have called for the station to be
more supportive of the PRC and Hong Kong governments and for RTHK to
conform to PRC political usage, for example by not referring to Taiwan
leader Chen Shui-bian as ``president'' on the grounds that Taiwan is
not a country. In August a government official contacted RTHK's
director of broadcasting about the station's plans to conduct a phone
interview with Taiwan Vice President Annette Lu. The interview did not
take place. The Government official denied pressuring RTHK and stated
that the Government respected the editorial independence of all media
organizations.
The Basic Law provides for academic freedom, and the Government
generally respected that freedom in practice. There was independent
research, a wide range of opinions, and lively debate on campuses.
In June a U.S.-based academic who has been refused a visa to enter
China since 1996 was questioned for 40 minutes by immigration officials
upon his entry to Hong Kong. He was subsequently allowed to enter.
There were no restrictions on the use of the Internet.
The Falun Gong was able to print flyers and small items in Hong
Kong, despite reported concerns of some printers about associating with
the group, but most of its publishing took place outside the SAR. One
bookstore, owned by a practitioner, carried Falun Gong books.
In August the Government issued warnings against distributing a
catalog for an art exhibition at a public venue that showcased the work
of an Australian Falun Gong practitioner. The Government requested that
the exhibit organizer not distribute the catalog, which noted that the
artist had been imprisoned in China for several months in 2000 for
being a Falun Gong practitioner. In the end, the organizer ignored the
requests and the Government neither stopped the exhibition nor
restricted distribution of the catalog. However, the artist was denied
entry into Hong Kong to attend the exhibit. The Government stated that
the decision to deny entry was based on immigration irregularities, not
on her Falun Gong affiliation.
b. Freedom of Peaceful Assembly and Association.--The Basic Law
provides for freedom of assembly and the Government generally respected
this right in practice. The Government routinely issued the required
permits for public meetings and demonstrations.
Under the law, 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) for a march involving more than 30
persons and for an assembly of more than 50 persons. The police must
give a clear reply within 48 hours if they object; no reply indicates
no objection. In practice, demonstrators could assume ``no objection''
if they were not notified to the contrary 48 hours in advance of the
planned demonstration. The posthandover provision in the Public Order
Ordinance that empowered police to object to demonstrations on national
security grounds has never been invoked. Appeals of a denial to
demonstrate could be made to a statutory appeals board comprising
members from different sectors of society. Both the board's proceedings
and the police's exercise of power were subject to judicial review.
In September some organizations held a protest march asking the
Government to abolish provisions in the Public Order Ordinance
requiring prior approval for assemblies and demonstrations. The
organizations also urged the Government to withdraw charges against
three political activists arrested in May for organizing an
unauthorized rally in February. In November the three activists were
convicted and sentenced to a 3-month probation. This was the first case
since 1997 in which protestors were charged for not obtaining advance
permission from police for holding a demonstration.
Since the handover, there have been over 11,000 public meetings and
public processions. Approximately half of these demonstrations required
notification. Since the handover, the police have objected to six
demonstrations, three of which proceeded after the demonstration
organizers altered their plans. In the first 6 months of the year,
police objected to 3 out of 1,145 demonstrations.
Demonstrators have complained that demonstrations often were
limited to ``designated areas'' where they received little public
attention and that police sometimes outnumber demonstrators. A police
order issued in 1998, while underlining that it is police policy ``to
facilitate, as far as possible, all peaceful public order events,''
also stipulated that certain ``internationally protected persons'' are,
in addition to security, entitled to ``protection of their dignity.''
In July these issues were prominent when some groups were required by
police to hold their demonstrations during the fifth anniversary
handover ceremony, attended by PRC President Jiang Zemin, in protest
zones that were 200 meters further away from dignitaries than in 1997.
In addition to holding assemblies and marches on Hong Kong-related
issues, groups continued to be free to demonstrate on issues of
sensitivity in mainland China. In May approximately 1,500 persons
marched through central Hong Kong to commemorate the 13th anniversary
of the June 4, 1989, massacre in Beijing's Tiananmen Square. On June 4,
tens of thousands attended the annual candlelight vigil to commemorate
the anniversary. The Public Meetings and Processions Appeal Board
overturned a police decision to ban the Hong Kong Alliance in Support
of the Patriotic Democratic Movement in China from holding a June 4
rally outside the Central government Offices.
Falun Gong practitioners regularly conducted public protests
against the crackdown on fellow practitioners in the PRC, holding some
protests in front of the Hong Kong offices of the Central government.
In August a group of 16 Falun Gong practitioners, including 4 from
Switzerland and 1 U.S. legal permanent resident, were convicted and
fined for obstruction after refusing repeated police instructions to
remain in a designated demonstration zone. This was the first time that
Falun Gong practitioners were convicted of an offense in Hong Kong. The
group's appeal was pending at year's end.
The Basic Law provides for freedom of association and the
Government generally respected this right in practice. Since the
handover, no applications for registration have been denied. From
January through October, the Societies Licensing Office of the police
registered 1,157 new organizations for a total of 7,104 registered
since the 1997 handover. Pro-Taiwan 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 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 for freedom of
religion, the Bill of Rights Ordinance prohibits religious
discrimination, and the Government generally respected these provisions
in practice.
The Government does not recognize a state religion but does grant
public holidays to mark numerous special days on the traditional
Chinese and Christian calendars, as well as the Buddha's birthday.
Religious groups were not required to register with the Government
and were exempted specifically from the Societies Ordinance, which
requires the registration of nongovernmental organizations. Some
groups, such as the Falun Gong and various other martial arts/
meditation groups, known collectively as qigonq groups, that did not
consider themselves religions, have registered under the Societies
Ordinance. Catholics freely and openly recognized the Pope as the head
of the Catholic Church. The Vatican maintained a Diocese overseen by a
local Bishop.
According to the Basic Law, the PRC government had no authority
over religious practices in the SAR. PRC representatives in the SAR and
two PRC-owned newspapers nonetheless have criticized some religious and
other spiritual groups and individuals. Local religious leaders also
have noted that the Basic Law provision that calls for ties between
local religious organizations and their mainland counterparts to be
based on ``nonsubordination, noninterference, and mutual respect''
could be used to limit such ties. Similarly, the Catholic Bishop of
Hong Kong expressed concern that religious groups could be negatively
affected by Article 23 laws.
During the year, Falun Gong, a spiritual movement that has
explicitly characterized itself as ``not a religion,'' practiced freely
and held regular public demonstrations against PRC policies. In 2001 a
series of developments sparked concerns about pressures on the
Government to constrain the group's criticism of the PRC's anti-Falun
Gong policies. In particular, statements by Chief Executive C.H. Tung
in May and June 2001 that the group was ``no doubt an evil cult'' and
that the Government would not let the Falun Gong ``abuse Hong Kong's
freedoms and tolerance to affect public peace and order'' prompted
concern. In May 2001, the Government barred the entry into Hong Kong of
approximately 100 overseas-based Falun Gong practitioners during
President Jiang Zemin's visit, although several hundred local and
foreign Falun Gong practitioners demonstrated freely on numerous
occasions and at numerous venues during the visit. In June 2002, over
90 foreign practitioners were denied entry upon arrival at the Hong
Kong international airport (see Section 2.d.). Falun Gong
representatives claimed that Hong Kong practitioners remained generally
undeterred by these developments, but stated that the number of
practitioners in Hong Kong had dropped from approximately 1,000 to
approximately 500 since the PRC government began its mainland crackdown
in mid-1999.
Other qigong groups, including Zhong Gong (which was banned in the
PRC in late 1999), Xiang Gong, and Yan Xin Qigong, also were registered
as societies and practiced freely. Another group allegedly listed as an
``evil cult'' by the PRC, the Taiwan-based Quan Yin Method, was
registered legally and practiced freely.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement, Foreign Travel, Emigration, and
Repatriation.--The Basic Law provides residents freedom of movement
within Hong Kong, freedom of emigration, and freedom to enter and leave
the territory, and the Government generally respected these rights in
practice with some prominent exceptions. Travel documents were obtained
freely and easily. There were limits on travel to the mainland imposed
by the mainland government.
As was the case before the handover, the Taiwan passport is not
recognized as valid for visa endorsement purposes.
Since the handover, several prominent overseas dissidents have been
denied entry or visas to enter Hong Kong. In April exiled mainland
dissident Harry Wu, who held foreign citizenship, was refused entry to
Hong Kong, on the grounds of protecting Hong Kong's security. The
Government asserted that the denial of Wu's entry was in accordance
with the law. In June Wu was denied a visa to come to Hong Kong, where
he had been invited to address a seminar. Also in June, over 90 foreign
Falun Gong adherents who intended to stage protests during the fifth
anniversary of the handover celebration were denied entry upon arrival
at the Hong Kong international airport.
In August the Court of Final Appeals upheld the right of
nonpermanent residents to return after leaving, a right that in
practice had been treated as requiring case-by-case consideration.
Chinese authorities did not permit a number of Hong Kong human
rights activists and prodemocracy legislators to visit the mainland.
The 1951 U.N. Convention Relating to the Status of Refugees and its
1967 Protocol does not extend to Hong Kong, and the SAR eliminated its
first asylum policy (extended only to Vietnamese) in 1998. On a case-
by-case basis, the Director of Immigration had discretion to grant
refugee status or asylum in cases of exceptional humanitarian or
compassionate need. The general practice was to refer refugee and
asylum claimants to a lawyer or to the office of the U.N. High
Commissioner for Refugees (UNHCR). Those granted refugee status, as
well as those awaiting UNHCR assessment of their status, received a
subsistence allowance from the UNHCR, but were not allowed to seek
employment or enroll their children in local schools. The UNHCR worked
with potential host country representatives in Hong Kong to resettle
those few persons designated as refugees. Government policy is to
repatriate all illegal immigrants, including those that arrive from the
mainland, as promptly as possible. From January to October, a total of
4,927 illegal PRC migrants were repatriated to the mainland.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Residents' right to change their government is limited by the Basic
Law, which provides for the selection of the Chief Executive by an 800-
person selection committee (composed of individuals who are either
directly elected, indirectly elected, or appointed), the direct
election of only 26 of 60 Legislative Council members (to become 30 of
60 in 2004), and the inclusion of appointed members to the elected
district councils. 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
originating in Hong Kong on the agenda of China's National People's
Congress. The National People's Congress has the sole power to amend
the Basic Law. Procedures for amendment or interpretations that
originate in the mainland were unclear.
The Government is executive-led, with a two-tiered legislative
system consisting of the Legislative Council and 18 district councils,
and is staffed by a professional and independent civil service. The
Basic Law provides for elections for Chief Executive in 2002 and 2007
by a selection committee of 800 local residents. The selection
committee was composed of the 60 members of the Legislative Council,
the 36 Hong Kong delegates to the National People's Congress, 41
representatives of the Hong Kong members of the Chinese People's
Political Consultative Conference, 40 representatives from religious
groups, and 623 persons elected by the same approximately 180,000
voters (some representing organizations; others voting as individuals)
who choose the functional constituency representatives of the
Legislative Council. In February C.H. Tung, unopposed, won his second
5-year term, which began in July.
The Basic Law 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 National People's
Congress Standing Committee. Article 45 of the Basic Law states that
``the ultimate aim is the selection of the Chief Executive by universal
suffrage upon nomination by a broadly representative nominating
committee in accordance with democratic procedures.'' As of year's end,
the Government had not initiated steps to prepare for a change in the
procedure for choosing the Chief Executive as provided for under the
law.
In July the introduction of a new ``Principal Officials
Accountability System'' changed the SAR's government system by adding a
layer of 11 political appointees to run the 11 policy bureaus. Three
other civil service positions--Chief Secretary, Financial Secretary,
and Justice Secretary--also were converted to political appointments,
although without a change in personnel. These 14 political appointees
were chosen by the Chief Executive and approved by the PRC government.
They served as members of the Executive Council, which functioned as
the Chief Executive's cabinet. The restructured Executive Council also
includes members of two political parties, a labor leader, and two
other private citizens, also appointed by the Chief Executive.
The members of the Legislative Council were elected in 2000 to 4-
year terms; 24 members were elected directly from geographic districts
through universal suffrage, 30 from functional (occupational)
constituencies, and 6 by votes of the 800-person selection committee.
Prodemocracy candidates won 17 of the 24 seats elected on a geographic
basis (including 1 in a December 2000 by-election) and 22 seats
overall.
In both the 1998 and 2000 elections, the functional constituencies
were drawn more narrowly than the nine broad functional constituencies
of the 1995 Legislative Council, reducing the total number of potential
voters in functional constituencies from 1.15 million in 1995 to
180,000 in 1998. Human rights and democracy groups contended that the
election of functional constituency representatives by so few persons
was fundamentally undemocratic. There was general acceptance of the
geographic electoral districts, which included over 3 million
registered voters. Article 68 of the Basic Law states that the
``ultimate aim is the election of all the members of the Legislative
Council by universal suffrage.'' As of year's end, the Government had
not initiated steps to prepare for a change in Legislative Council
electoral arrangements as provided for under the law.
The ability of the legislature to influence policy is limited
substantially by Basic Law provisions that require separate majorities
among members elected from geographical and functional constituencies
to pass a bill introduced by an individual member. Another Basic Law
provision prohibits the Legislative Council from putting forward bills
that affect public expenditure, political structure, or government
operations. The Chief Executive's written consent is required before
bills affecting government policy may be introduced. The Government has
adopted a very broad definition of ``government policy'' to block
private member bills, and the President of the Legislative Council has
upheld the Government's position. However, the Legislative Council's
degree of popular representation and outspokenness resulted in its
having some influence over the Government's positions. During the year,
the Government took into consideration the views of an eight-party
coalition on the Government's budget presentation. Similarly,
legislators' views influenced the final text of an anti-terrorism bill
presented by the Government as required by U.N. Security Council
Resolution 1373.
The November 1999 elections for Hong Kong's District Councils were
generally free and fair; however, democratic legislators and human
rights activists argued that the appointment of nearly one-quarter of
District Councilors by the Chief Executive was an undemocratic
procedure. According to the District Councils Ordinance, 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. The next District
Council elections were scheduled for 2003.
In 2000 the Court of Final Appeal ended a century-old practice of
excluding nonindigenous villagers (residents who were not members of
long-term local families) from participating in some rural elections.
The Court unanimously found that the practice violated both the Bill of
Rights and the Sex Discrimination Ordinances. In October the Government
introduced a bill on village elections to the Legislative Council that
proposed to elect two village heads in the 2003 rural elections. Under
this proposal, one village head would represent indigenous residents to
deal with traditional affairs such as burial grounds, while the other
leader would handle general affairs. In September approximately 4,500
village residents demonstrated against the Government's proposal,
objecting to the inclusion of nonindigenous (persons not from the
village's original families) village heads. At year's end, the bill was
still under consideration in the Legislative Council.
Hong Kong sends 36 delegates to China's National People's Congress
(NPC). The NPC requires the approval of two-thirds of Hong Kong's NPC
delegates to place an amendment to the Basic Law on the NPC's agenda.
Hong Kong's NPC delegates also were members of the selection committee
that chose six of the Hong Kong legislators in 2000. In December Hong
Kong's NPC delegates were elected to a 5-year term by an NPC-appointed
committee of 955 residents, up from 424 residents voting in the
previous (1997) NPC election. Politicians and human rights activists
have criticized the election process as undemocratic and lacking
transparency.
Larger numbers of women sought public office than ever before.
Women held 11 of the 60 Legislative Council seats, and made up between
5 and 33 percent of membership in political parties. The President of
the Legislative Council is a woman, as are the heads of several
government departments. Three of the 15 most senior government
positions were held by women. The Equal Opportunities Commission,
itself headed by a woman, noted that women were a minority in
government advisory bodies.
Minorities also were represented in senior civil service positions.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases (see Section 2.b.).
These organizations had unrestricted contacts with the local community
and with groups overseas. Government officials were generally receptive
to, and respectful of, their views. Prominent human rights activists
critical of mainland China also operated freely and maintained
permanent resident status in Hong Kong, but overseas dissidents
sometimes had difficulty gaining entry to the SAR.
Under the Basic Law, the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social,
and Cultural Rights apply to Hong Kong. The central Chinese government
transmits Hong Kong's reports under these covenants, without editing,
to the U.N. The SAR government and several domestic NGOs have testified
before several U.N. human rights committees, including the United
Nations Human Rights Commission in Geneva. The hearings, including
concerns of the Commission, have received widespread and balanced press
coverage.
The Office of the Ombudsman 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. The Ombudsman may publish investigation reports in which
the identity of the complainant is protected. In addition to responding
to public complaints, the Ombudsman may initiate investigations. The
Ombudsman may report to the Chief Executive if 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. The Ombudsman (Amendment)
Ordinance, in December 2001, helped strengthen the independence of the
Ombudsman by delinking the office from government systems and
processes. It empowered the office to set terms and conditions of
appointment for staff and to have full powers to conduct its own
financial and administrative matters.
The Ombudsman does not have oversight authority over the police,
the Independent Commission Against Corruption, the Equal Opportunities
Commission, or the Office of the Privacy Commissioner for Personal
Data, although it may investigate complaints of noncompliance with the
law on access to information by government departments, including the
police and the 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 those made against the Electoral Affairs Commission.
The U.N. Human Rights Committee and U.N. Committee on Economic,
Social, and Cultural Rights (UNCESCR) expressed particular concern that
Hong Kong had failed to establish a broadly-mandated human rights
institution. Human rights groups also have complained that Hong Kong
does not have a human rights commission.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Basic Law provides that all Hong Kong residents are equal
before the law. The Bill of Rights Ordinance, which provides for the
incorporation into law of the International Covenant on Civil and
Political Rights as applied to Hong Kong, entitles residents to the
civil and political rights recognized therein ``without distinction of
any kind, such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other
status.'' However, the ordinance binds only the Government, public
authorities and persons acting on their behalf; that is, not private
persons or entities. Three pieces of antidiscrimination legislation--
the Sex Discrimination Ordinance, the Disability Discrimination
Ordinance, and the Family Status Discrimination Ordinance--have made it
illegal for any person or entity (public or private) to discriminate on
the grounds of sex, marital status, pregnancy, disability, or family
status, and prohibits behavior such as sexual harassment, harassment or
vilification on the grounds of disability, and discriminatory
advertising.
An Equal Opportunities Commission (EOC) was established in 1996 to
work toward the elimination of discrimination and to promote equality
of opportunity with specific reference to gender, disability, and
family status. During the year, the Government extended the term of the
EOC's chairperson by just 1 year and said that it would keep the
Commission's work under review.
The EOC and human rights groups continued to call for laws
specifically targeting, among other problems, public or private
discrimination based on race and age. In 2001 the UNCESCR concluded
that Hong Kong's failure to prohibit race discrimination in the private
sector constituted a breach of its obligations under the International
Covenant on Economic, Social, and Cultural Rights. The UNCESCR also
urged Hong Kong to prohibit discrimination on the basis of sexual
orientation and age. The U.N. Committee on the Elimination of Racial
Discrimination (UNCERD) recommended that ``appropriate legislation be
adopted to provide appropriate legal remedies and prohibit
discrimination based on race, color, descent or national or ethnic
origin.'' Meanwhile, press reports continued to identify examples of
strong societal prejudice against minority groups and newly arrived
mainland Chinese migrants. In addition, the EOC, on the basis of the
large number of complaints and inquiries, continued to maintain that
the elderly were discriminated against in the allocation of public
housing, but noted that it was powerless to help, because there was no
legislation prohibiting age discrimination.
During the year, the EOC received 785 total complaints for
investigation and conciliation. The Commission handled 1,710 cases
(including complaints from previous years) and concluded 1,403 cases.
Of these, 741 cases were discontinued for various reasons, including
withdrawal by the complainant; agreement reached before an
investigation was completed; and a lack of substance. Of the remaining
concluded cases, 60 percent were successfully conciliated. Legal
assistance was available for unsuccessful complainants.
Women.--Violence against women remained a problem, particularly
among new immigrants from the mainland. The Domestic Violence Ordinance
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 enforced the law and prosecuted
violators, but sentences generally were lenient, consisting only of
injunctions or restraining orders. During the year, there were 3,034
cases of domestic violence reported to the Social Welfare Department,
which received reports of domestic violence from the police as well as
from social workers, the Health Department, and volunteer
organizations.
Cultural factors and inadequate information about available
assistance and resources resulted in many cases of spousal abuse going
unreported. In 2000 the Government established an interdepartmental
Working Group on Sexual Violence to ensure coordination of efforts
among various departments and authorities in handling the problem of
sexual violence. In 2001 the Government established a Women's
Commission to address women's concerns in a comprehensive and
systematic manner. In May the Commission held a conference to help
raise public awareness of gender-related issues and provide a forum for
local, foreign and mainland experts to promote the well-being of women.
The Government also funded 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 to promote public awareness and encourage women to seek
professional assistance.
The reported incidence of rape was low. There were 59 cases
reported to the police in the first half of the year and 95 in 2001.
However, underreporting was a serious problem. The amendment to the
Crimes Ordinance proposed in 2001, to expressly clarify that marital
rape is a crime, had not yet passed as of year's end. Indecent assault
cases reported to the police totaled 574 in the first 7 months of the
year and 1007 in 2001.
Prostitution is not illegal, but there are laws against activities
such as causing or procuring another to be a prostitute, living on the
prostitution of others, or keeping a vice establishment. Some women
working in the sex industry have been trafficked to Hong Kong (see
Section 6.f.).
Sexual harassment was a problem. The Equal Opportunities Commission
reported 50 sexual harassment complaints during the first half of the
year, with 99 such complaints reported in 2001. However, government and
NGO surveys conducted in 2000 suggested that sexual harassment was
seriously underreported.
Women faced discrimination in employment, salary, welfare,
inheritance, and promotion (see Section 6.e.). During the year, a 2-
month study of government and Hospital Authority jobs, commissioned by
the EOC's task force on Equal Pay for Work of Equal Value, was
conducted. The results were not yet available at year's end. The press
reported occasional stories of women alleging discrimination in the
workplace. Official unemployment figures for the second quarter of the
year were 8.8 percent for men and 6.1 percent for women. However, human
rights organizations and unions have asserted that the statistics
inaccurately recorded many unemployed women as housewives and that, in
fact, the unemployment rate for women was actually higher than the
unemployment rate for men.
Women entered professional fields, including law and medicine, in
growing numbers. Nonetheless, female judicial officers and judges made
up only 19 percent of the judiciary. A July government survey showed
that the number of female senior government officials had increased
more than nine-fold in the past 2 decades but that women as a whole
still earned only approximately two-thirds as much as men. In the
Legislative Council, women held 11 of the 60 seats. Women held 20
percent of the most senior government positions and 23 percent of the
senior policy level positions in the civil service.
Women were disproportionately represented in the lower echelons of
the work force, holding positions such as retail sales assistants and
office clerks. The law treats men and women equally in inheritance
matters, although women still faced discrimination based on traditional
practices (such as in the inheritance of small homes in rural areas of
the New Territories).
The High Court ruled in 2001 that the 23-year-old practice of
separately ranking boys and girls for secondary school admission
purposes discriminated in favor of boys. Of the 807 cases initiated in
2001, 257 were successfully conciliated, 267 were satisfied with
Education Department relief measures, and investigation was
discontinued for 283, due to alternate arrangements or findings of no
discrimination after 12 months of investigation. There were no pending
complaints at year's end.
In 2001 the Government established a Women's Commission to promote
and protect the interests and well-being of women. The Commission
declared its intention to focus on provision of health services,
childcare support, protecting women against violence, promotion of a
women-friendly working environment, and legal issues relating to women
and the family. However, the UNCECSR expressed concern that the
Commission might not have sufficient resources and powers to pursue its
mission.
In September the Government issued a draft outline of Hong Kong's
second report under the United Nations Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) to seek views from
the public.
Children.--The Government was committed firmly to children's rights
and welfare through well-funded systems of public education, medical
care, and protective services. The Education Department is committed to
providing schooling for children between 6 and 15 years of age and
provided placement services for non-Chinese speaking children.
Education was free and compulsory through grade nine. The Government
supported programs for custody, protection, day care, foster care,
shelters, small group homes, and assistance to families.
Subsidized, quality medical care was available to all children who
are residents.
At year's end, the Government was considering legislation proposed
in 2001 to raise the age of criminal responsibility for children from 7
to 10 years. For the first 7 months of the year, there were 49 youths
under the age of 16 who were incarcerated: 14 in prison, 9 in training
centers, 24 in detention centers, and 2 in drug addiction treatment
centers.
Child abuse and exploitation were not widespread. In the first 7
months of the year, there were 645 child abuse cases newly registered
with the police: 265 involved physical abuse and 380 involved sexual
abuse. The Government reported 99 cases of ``cruelty to children'' in
the first half of the year; there were 181 cases in 2001, and 178 in
2000.
There are no specific laws dealing with child pornography, but
child pornography is covered under other anti-pornography laws. A bill
on Prevention of Child Pornography, introduced before the Legislative
Council in January, would criminalize the making, production,
distribution, publication, advertising, and possession of child
pornography. The bill would also prohibit the procurement of children
for making pornography, extend the application of certain sexual
offense provisions to acts committed against children outside of Hong
Kong, and prohibit any arrangement or advertising relating to
commission of those acts. At year's end, the bill was still being
studied in committee.
The Government provided parent education programs in all 50 of the
Department of Health's Maternal and Child Health Centers. The police
maintained a child abuse investigation unit to improve the treatment of
victims, and laws have been passed to make it easier for child victims
to testify in court using an interviewing suite for recording
statements. There are substantial legal penalties for mistreatment or
neglect of minors. A witness support program helped child witnesses in
need. A child witness information kit in Chinese, with books explaining
legal and court proceedings, helped reduce children's anxiety about
testifying. A Child Care Center Law helped to prevent unsuitable
persons from providing childcare services and facilitated the formation
of mutual help childcare groups.
Persons with Disabilities.--Discrimination against the physically
and mentally disabled persisted in employment, education, and the
provision of some public services. The Disability Discrimination
Ordinance called for improved building access and sanctions against
those who discriminate, and the amended Buildings Ordinance updated
design requirements. Despite inspections and occasional closure of
noncompliant businesses, access to public buildings (including public
schools) and transportation remained a serious problem for persons with
disabilities. Advocates complained that limited access for persons with
disabilities at polling stations made voting difficult. The Government
offered an integrated work program in sheltered workshops and provided
vocational assessment and training. No comprehensive statistics were
available on the number of persons with disabilities in the work force,
but a consortium of organizations representing persons with
disabilities reported that approximately 700,000 residents are
disabled, and about half were able to work. Government estimates
indicated that during the year there were approximately 265,000 persons
with physical disabilities and 53,500 with mental disabilities. Of
these, 52,500 were employed and 59,700 were considered ``economically
active,'' (such as small business owners and street vendors). As of
April, there were 3,408 persons with disabilities employed as civil
servants in a total civil service work force of approximately 173,000--
approximately 2 percent of all civil servants. During the year, the
Labor Department's Selective Placement Division found jobs for 2,572 of
4,225 disabled job seekers. Approximately 10,000 students in a school
population of 960,000, about 1 percent, were disabled. Of these, 3,657
were in mainstream schools where they received special education
services.
In 2001 the UNCESCR recommended that the Government undertake a
comprehensive review of mental health policy and adopt effective
measures to ensure that persons with mental illness enjoyed the right
to adequate and affordable health care. The Committee also noted its
concern over the Government's ``apparent lack of initiative'' to
undertake public education to combat discrimination against those with
mental disabilities. In response, the EOC undertook a variety of
activities during the year to address discrimination against persons
with disabilities, including co-sponsoring seminars and research.
National/Racial/Ethnic Minorities.--The UNCESCR, the UNCERD, Hong
Kong legislators, human rights groups, continued to call for laws
specifically targeting racial discrimination in the private sector. In
response, the Government conducted public consultations on the need for
antiracism legislation. The Government's analysis of the consultations,
released in August, showed significant support for enacting such
legislation. As of year's end, however, the Government had not
introduced legislation to prohibit racial discrimination in the private
sector.
The Government's non-legally binding ``Code of Practice for
Employers,'' put into place in 2001 and designed to prevent
discrimination, states that race, among other factors, should not be
considered when hiring employees. The Government has undertaken a
public education and awareness campaign to combat race discrimination
with only limited effect. In July the Government established a new Race
Relations Unit to enhance services to ethnic minorities.
Minorities, who made up approximately 5 percent of the population,
were well represented in the civil service and many professions.
However, there were allegations of racial discrimination in such areas
as private sector employment, admission to public restaurants,
placement in public schools, treatment in public hospitals, apartment
rentals, and acceptance to institutions of higher education. Foreign
domestic workers, most of whom were from the Philippines and Indonesia,
were particularly vulnerable to discrimination. An Indonesian Migrant
Workers Union was established in 2000 to unite Indonesian domestic
helpers throughout Asia to protect members from abuse and exploitation.
The organization served the approximately 75,000 Indonesian domestic
helpers who work in the SAR. Similar organizations worked for the
interests of approximately 154,000 Philippine domestic helpers.
According to organizations representing migrant workers, police
intimidation of migrant workers also was 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 Union Ordinance. The basic precondition for
registration is a minimum membership of seven persons. The Trade Union
Ordinance does not restrict union membership to a single trade,
industry, or occupation. The Government did not discourage or impede
the formation of unions. Trade unions were independent of political
parties and the Government.
During the year, 23 new unions were registered, while 11 were
deregistered; at year's end, there were 622 registered trade unions. As
of 2001, over 22 percent of the approximately 3.3 million salaried
employees and wage earners belonged 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 of $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. The Tribunal may award statutory
entitlements (severance pay, etc.) and compensation. The maximum amount
of compensation is $19,230 (HK$150,000). Some labor activists
complained that the Labor Tribunals tended to push conciliation rather
than issue orders.
The Basic Law commits the SAR to 40 International Labor
Organization (ILO) conventions, and the Government has amended labor
legislation and taken administrative measures to comply (see Section
6.b.).
The Employment and Labor Relations (Miscellaneous Amendments)
Ordinance 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 1997 the
prehandover 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, 98, and 154. However, in 1997
after consultation with the Labor Advisory Board, the Provisional
Legislature repealed the Employee's Right to Representation,
Consultation, and Collective Bargaining Ordinance and the Employment
(Amendment) Ordinance, and amended the Trade Union (Amendment)
Ordinance. The repeals 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. In 2001 the
U.N. Committee on Economic, Social and Cultural Rights expressed
concern over the absence of protection against unfair dismissal.
The Employment and Labor Relations (Miscellaneous Amendments)
Ordinance removed 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 the SAR; and
restricts the appointment of persons from outside the enterprise or
sector to union executive committees. Because of this law, 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 1999 the ILO Committee on Freedom of Association concluded that
the Employment and Labor Relations (Miscellaneous Amendments) Ordinance
breached Conventions 87 and 98 and recommended that the Government take
legislative action to remedy the situation. The Government provided the
ILO progress reports in 1999 and 2000 asserting that it was in
compliance with all of the 40 ILO conventions that apply to Hong Kong.
In 1999 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. 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.
Collective bargaining was not practiced widely. Unions generally
were not powerful enough to force management to engage in collective
bargaining. The Government did not encourage it, since the Government
itself did not engage in collective bargaining with civil servants'
unions but merely ``consulted'' with them. 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 1998 the Government established the Workplace Consultation
Promotion Unit in the Labor Department to facilitate effective
communication, consultation and voluntary negotiation between employers
and employees. The Government has set up tripartite committees for nine
sectors of the economy, each of which has representatives from trade
unions, employers and the Labor Department.
Work stoppages and strikes were permitted; however, there were some
restrictions on this right for civil servants. Although there was no
legislative prohibition of strikes, in practice, most workers had to
sign employment contracts that typically stated that walking off the
job was a breach of contract which could lead to summary dismissal.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor. The law does not specifically prohibit forced or
bonded labor by children; however, there were no reports that such
practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Employment of Children Regulations prohibit employment
of children under the age of 15 in any industrial establishment.
Children 13 and 14 years of age could be employed in certain non-
industrial establishments, subject to conditions aimed at ensuring a
minimum of 9 years' education and protecting their safety, health, and
welfare. To enforce compliance with the regulations, the Labor
Department conducted regular workplace inspections. During the year,
the Labor Department conducted 161,447 inspections, and discovered 12
violations of the Employment of Children Regulations, resulting in the
assessment of $4,102 (HK$32,000) in 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 7 a.m. and 7 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 for 16- and 17-year-olds.
e. Acceptable Conditions of Work.--There is no statutory minimum
wage except for domestic workers of foreign origin. Aside from a small
number of trades where a uniform wage structure existed, wage levels
customarily were fixed by individual agreement between employer and
employee and were determined by supply and demand. Some employers
provided workers with various kinds of allowances, free medical
treatment, and free subsidized transport. The average wage generally
provided a decent standard of living for a worker and family. Two-
income households were the norm. In 2001 the UNCESCR expressed concern
over the lack of adequate regulation on statutory minimum wage, working
hours, paid weekly rest, rest breaks and compulsory overtime.
The minimum wage for foreign domestic workers was approximately
$470 per month (HK$3,666). The standard workweek was 48 hours, but many
domestic workers worked far longer hours. The standard contract law
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 provided a
decent standard of living. Foreign domestic workers were subject to
deportation if they were dismissed. There were credible reports of such
workers illegally being forced to accept less than the minimum wage and
unacceptable living conditions. There have been a number of cases of
foreign domestic workers successfully taking their employers to court
for mistreatment.
The Occupational Safety and Health Branch (OSHB) of the Labor
Department is responsible for safety and health promotion, enforcement
of safety management legislation, as well as policy formulation and
implementation.
The Factories and Industrial Undertakings Ordinance and its 30 sets
of subsidiary regulations regulate safety and health conditions. During
the year, the Labor Department conducted 162,417 inspections of
workplaces and issued 3,174 summonses, resulting in a total of $561,186
million in fines (HK$4,377,250). Worker safety and health has improved
over the years, due in part to the transfer of many manufacturing jobs
to factories in mainland China, but serious problems remained,
particularly in the construction industry. During the first 9 months of
the year, there were 35,654 occupational injuries, of which 17,112 were
classified as industrial accidents. There were 21 fatal industrial
accidents. 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 is no specific law prohibiting
trafficking in persons; however, there are various laws and ordinances
that allowed law enforcement authorities to take action against
traffickers. Trafficking in persons was a problem; Hong Kong was both a
transit and a destination point for trafficked persons. However, it was
difficult for authorities to identify trafficking victims among the
larger group of illegal immigrants.
Hong Kong was a transit point for some persons trafficked from
China and other nations to third countries, despite active efforts by
the Government to stop such trafficking. During the year, authorities
caught 3,549 persons with forged travel documents. The most common
method used to attempt to traffic persons through the SAR employed
forged or illegally obtained travel documents to move through the
airport. In past years, traffickers have attempted to smuggle persons
in shipping containers. In 2001 the Government uncovered a trafficking
ring and arrested 11 Hong Kong residents involved in a forgery
operation that produced fraudulent passports.
There were reports that Hong Kong was a destination for women
trafficked for the purpose of prostitution. According to a 2001 study,
some of the women did not know before coming to Hong Kong that they
would be pressured into serving as ``escorts'' for male customers of
the bars where they were given jobs. Large numbers of mainland Chinese
women also illegally engaged in prostitution with the reported
assistance of organized criminal groups. There were reports as well
that criminal elements brought in small numbers of women from the
former Soviet Union, Eastern Europe, and Colombia for the purpose of
engaging in illegal prostitution.
The authorities sought to combat illegal prostitution by
nonresidents through strict immigration controls and by arresting and
prosecuting illegal prostitutes and their employers. In the first 9
months of 2001, 982 nonresident women prostitutes and a much smaller
number of their employers were arrested. Most of those arrested were
deported rather than formally charged.
Persons also were trafficked to the SAR for labor purposes,
including domestic labor. Some foreign domestic workers, particularly
from Indonesia, have been recruited abroad and brought to Hong Kong
only to be placed in coercive working and living conditions. Organized
criminal groups generally were behind the illicit activity and sought
to profit from it through forced labor, debt bonded labor, or
prostitution.
Government policies to combat fraudulent marriages that could be
used to disguise trafficking in persons appeared to be producing
results. Immigration officials closely scrutinized applications for the
entry of foreigners to take up residence with local spouses, and in
cases where the claimed relationship as husband and wife was deemed not
credible, applications were rejected.
Provisions in the Immigration Ordinance, the Crimes Ordinance, and
other relevant laws enabled law enforcement authorities to take action
against trafficking in persons. The courts can impose heavy fines and
prison sentences for up to 14 years for such activities as arranging
passage of unauthorized entrants into Hong Kong, assisting unauthorized
entrants to remain, using or possessing a forged, false or unlawfully
obtained travel document, and aiding and abetting any person to use
such a document. The Security Bureau has policy responsibility for
combating migrant trafficking and oversees the police, customs, and
immigration departments, which are responsible for enforcing
antitrafficking laws. Law enforcement officials received specialized
training on handling and protecting victims and vulnerable witnesses,
including victims of trafficking.
Legal aid was available to those who chose to pursue legal
proceedings against an employer, and immunity from prosecution was
often made available to those who assisted in the investigation and
prosecution of traffickers. The Government did not provide funding to
foreign or domestic NGOs for services to victims of trafficking. The
Government's prevention efforts included providing pamphlets to workers
about their rights; the pamphlets were widely distributed and were
published in a wide range of languages.
macau
Macau, a 13 square mile enclave on the south China coast, reverted
from Portuguese to Chinese administration on December 20, 1999 (the
handover). As a Special Administrative Region (SAR) of the People's
Republic of China (PRC), Macau enjoys a high degree of autonomy except
in defense and foreign affairs, and its citizens have basic freedoms
and enjoy legally protected rights. The Sino-Portuguese Joint
Declaration (1987) and the Basic Law--the SAR's mini-constitution
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 economic system and way of life are to remain unchanged for
the first 50 years under PRC sovereignty. The Government is led by a
Chief Executive, chosen by a 200-member Selection Committee, which is
in turn chosen by a Preparatory Committee composed of 60 Macau and 40
mainland representatives appointed by the NPC. In September 2001,
voters elected 10 of the legislature's 27 members in direct elections
in geographical constituencies. Ten others were elected by interest
groups in functional constituencies, and the remaining seven were
appointed by the Chief Executive. There are limits on the types of
bills that may be initiated by individual members of the legislature.
After the handover, most of the laws previously in force continued to
apply. The law provides for an independent judiciary, and the
Government generally respected this provision in practice.
The police force is under civilian control. After peaking in 1999,
serious organized crime-related violence appeared to have been curbed,
and police reported a marked reduction in violent crime. A People's
Liberation Army (PLA) garrison of 800 soldiers stationed in Macau
played no role in internal security.
The market-based economy was fueled by textile and garment exports,
along with tourism and gambling. The economy grew approximately 5
percent during the year. Per capita gross domestic product (GDP) was
approximately $14,300. The population was approximately 450,000.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. These problems
included occasional reports of police abuse, the limited ability of
citizens to change their government, limits on the legislature's
ability to initiate legislation, inadequate provision for persons with
disabilities, and a lack of legal protection for strikes and collective
bargaining rights.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of arbitrary or unlawful deprivations of life committed by the
Government or its agents.
There was one report of a suspicious death in custody. In May a
prisoner was taken from his cell and transferred to a police station
for interrogation. While at the station he became ill and was taken to
a hospital, where he died. A postmortem examination by the hospital
found that he died of acute renal failure caused by assault with blunt
force and had suffered from severe hepatic cirrhosis. The police
carried out an investigation of possible police wrongdoing and passed
their report to the Public Prosecutions Office; an investigation by the
Public Prosecutions Office was pending 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 law prohibits such practices, and the Government
generally respected these provisions in practice; however, there were
reports of police brutality during the year. In February two officers
allegedly assaulted two Hong Kong journalists who sought to enter Macau
to cover the visit of Li Peng, Chairman of the NPC. The police denied
the allegations. Results of investigations into the incident conducted
by the police and Procurator's Office were not available at year's end.
Prison conditions met international standards, but in the last few
years the prison population has more than doubled to 886 (including
male and female inmates), almost two-thirds of whom are from the PRC.
Facilities and personnel have failed to keep pace. In 2000 the
Secretary for Security announced plans to hold talks with PRC
authorities on a prisoner transfer agreement. The two sides had not
reached an agreement at year's end.
The Government has permitted prison visits by human rights
observers, but there were no such visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally respected
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
person's counsel may examine the evidence. The law provides that cases
must come to trial within 6 months of an indictment. The average length
of pretrial incarceration was 3 months. Judges often refused bail in
cases where sentences exceed 3 years. This practice contributed to
overcrowding in prisons.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice. According to the Basic Law, the courts have the
power of final adjudication over all cases that are within the autonomy
of the SAR. The courts also 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 (i.e.,
nonappealable) judgment, the court must seek an interpretation of the
relevant provisions from the Standing Committee of the NPC. 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 Standing Committee must
consult the NPC's Committee for the Basic Law of the Special
Administrative Region before giving an interpretation of the law. This
Committee is composed of 10 members, 5 from the SAR and 5 from the
mainland. The Chief Executive, the President of the Legislative
Assembly, and the President of the Court of Final Appeal nominate the
SAR members.
The need to translate laws and judgments from Portuguese and a
severe shortage of local bilingual lawyers and magistrates may have
hampered development of the legal system. At year's end, 94 lawyers
were registered with the Macau Lawyers Association, of whom 29 spoke
Cantonese and 11 spoke Mandarin. The Government has instituted a
rigorous postgraduate training program for magistrates who received
legal training outside of the SAR. The judiciary was relatively
inexperienced (the first law school opened in the early 1990s), and the
lack of locally trained lawyers was a serious impediment to the
development and maintenance of an independent judiciary.
According to the Basic Law, the Chief Executive appoints judges at
all levels, acting on the recommendation of an ``independent
commission,'' which he appoints, composed of local judges, lawyers, and
``eminent persons.'' The Basic Law stipulates that judges must be
chosen on the basis of their professional qualifications. According to
the law, judges may be removed only for criminal acts or an inability
to discharge their functions. Except for the Chief Justice, who must be
a Chinese citizen with no right of abode elsewhere, judges may be
foreigners.
There are four courts: The Primary Court (with general jurisdiction
at first instance); the Administrative Court (with jurisdiction of
first instance in administrative disputes); the Court of Second
Instance; and the Court of Final Appeal.
The law provides for the right to a fair trial, and the judiciary
generally enforced this right. By law, trials are open to the public,
except when publicity could cause great harm to the dignity of the
persons, to public morals, or to the normal development of the trial.
Such a decision must be revoked if those motives cease to exist, and
the verdict must always be delivered in public. The Criminal Procedure
Code provides for an accused person's right to be present during
proceedings and to choose an attorney or request that one be provided
at government expense. The 1997 Organized Crime Ordinance provides that
``certain procedural acts may be held without publicity and that
witness statements read in court are admissible as evidence.'' There
also are additional restrictions on the granting of bail and suspended
sentences in organized crime cases.
The judiciary generally provides citizens with a fair and efficient
judicial process, but the average waiting period between the filing of
a civil case and its scheduled hearing continued to be nearly 12
months, although it was reduced slightly during the year. Since 1991
all legislation has been issued simultaneously in Chinese and
Portuguese. Laws issued between 1976 and 1991 have been translated into
Chinese.
The Public Prosecutions Office (headed by a Public Prosecutor
General) enjoys substantial autonomy from both the executive and the
judiciary. The Basic Law stipulates that the Public Prosecutions
Office's functions must be carried out without interference, and the
law was generally respected in practice.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. A judge's
authorization is required for any official interference in these areas.
Any evidence obtained by means of wrongful interference in private
life, home, correspondence, or telecommunications without the consent
of the concerned person may not be used in court.
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 generally respected these
rights in practice. Local law also protects citizens' right to petition
the Government and the legislature.
The print media included eight Chinese-language dailies, four
Portuguese-language dailies, and seven weeklies. There were three
television networks. Macau Radio broadcast in both Portuguese and
Chinese (Cantonese and Mandarin). Hong Kong and international
newspapers were freely available. The dominant newspapers were
sympathetic to official Chinese positions in their editorial line.
Critics charged that these papers did not give equal attention to
liberal and pro-democracy voices. The reversion to PRC sovereignty has
produced no overt or apparent restrictions of press freedom. Government
officials asserted that the local press has grown more aggressive in
its demands for accountability from public officials since the 1999
handover.
Article 23 of the Basic Law obliges the SAR to enact legislation
that would forbid any act of treason, secession, sedition, subversion
against the Central People's government, or theft of state secrets, and
links of the foregoing nature that are harmful to national security
with foreign political organizations. Human rights groups have voiced
concern that when enacted these laws and other provisions passed to
implement Article 23 may restrict fundamental rights and freedoms.
Particular concern has been raised regarding the Penal Code's lack
of specific sentences for such crimes. A legal vacuum was created when
a Portuguese law dealing with crimes against state security became null
and void after the handover. In October the Government announced that
it was working on draft legislation for the Article 23 antisubversion
law that would undergo a period of public consultation and then be
submitted to the Legislative Assembly in 2003. At year's end, that work
was still ongoing.
There were no government-imposed limits on Internet access.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly, and the Government generally respected 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. No prior
authorization is necessary for the event to take place. Local law also
provides criminal penalties for government officials who unlawfully
impede or attempt to impede the right of assembly and for counter-
demonstrators who interfere in meetings or demonstrations.
The law provides for freedom of association, and the Government
generally respected this right in practice. The law neither provides
for nor prohibits establishment of political parties. Under the
Societies Ordinance, however, persons can establish ``political
organizations,'' of which a few existed, including the pro-democracy
New Democratic Macau Society, headed by a legislator. Both civic
associations and candidates' committees may present candidates in the
elections by direct or indirect suffrage (see Section 3). Article 23 of
the Basic Law obliges the Macau SAR to enact laws to prohibit foreign
political organizations from establishing ties with domestic political
organizations or bodies. The Government had not enacted any legislation
to implement Article 23 (see Section 2.a.).
Falun Gong practitioners were allowed to continue their exercises
and demonstrations in public parks. In recent years, police
photographed practitioners. In the past, police occasionally took
practitioners to the police station and made them wait a few hours
while police checked their identification documents. Pro-democracy and
Falun Gong activists living outside of the SAR stated that they were
able to travel to the SAR without interference.
c. Freedom of Religion.--The Basic Law provides for freedom of
conscience and religious belief as well as freedom to preach and to
conduct and participate in religious activities. The Freedom of
Religion Ordinance provides for freedom of religion, privacy of
religious belief, freedom of religious assembly, freedom to hold
religious processions, and freedom of religious education. The SAR
government generally respected these rights in practice. There is no
state religion.
The Religious Freedom Ordinance requires the registration of
religious organizations. Registration is handled by the Identification
Services Office. There have been no reports of discrimination in the
registration process.
Practitioners of Falun Gong (a spiritual movement that does not
consider itself a religion) have not applied for registration because a
local lawyer advised them that their application for registration would
not be approved since the Falun Gong was banned in mainland China in
October 1999. However, the Identification Services Office has not
issued any instructions regarding the Falun Gong, and senior SAR
government officials have reaffirmed that practitioners of Falun Gong
may continue their legal activities without government interference. In
recent years, police occasionally photographed practitioners and
checked their identification documents (see Section 2.b.).
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.
Missionaries are free to conduct missionary activities and were
active in the enclave. More than 30,000 children were enrolled in
Catholic schools.
The Catholic Church recognizes the Pope as the head of the Church.
In April the Holy See appointed a coadjutor Bishop for the Macau
diocese. Editorials in the local Catholic newspaper noted this as an
example of the Macau government's independence and respect for
religious freedom as provided for in the Basic Law.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement, Foreign Travel, Emigration, and
Repatriation.--The law provides for these rights, and the Government
generally respected them in practice. In 2001 a female Falun Gong
practitioner from Hong Kong was barred from entering Macau despite
statements by the Chief Executive that there was no political blacklist
of persons from Hong Kong. In past years, the police admitted that they
kept a list of unwelcome persons who have criminal records and persons
whom they believe have criminal intentions. In December 2000, the
Government detained and turned back prodemocracy activists and Falun
Gong practitioners who tried to enter the SAR during the period
observing the anniversary of the handover. A Security Bureau spokesman
stated that they were not admitted because it was suspected that they
intended to carry out unlawful demonstrations and that the law, which
gives residents the right to assemble and demonstrate, does not give
nonresidents that right (see Section 2.b.). Foreign Falun Gong and
democracy activists have traveled to Macau at other times without
incident.
The law provides for the granting of asylum and 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 cooperated
with the U.N. High Commissioner for Refugees in assisting refugees
before the handover. There were no refugee cases during the year. The
law makes no provision for first asylum. There were no reports of
refugees being forced to return to a country where they feared
persecution.
During the year, 1,198 illegal migrants were returned to the
mainland, of whom 120 were male and 1,078 female.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The ability of Macau citizens to change their government is
restricted. The Government is led by a Chief Executive chosen by a 200-
member Selection Committee, which is in turn chosen by a 100-member
Preparatory Committee, composed of 60 Macau and 40 mainland
representatives appointed by the NPC of the PRC. The 27-member
Legislative Assembly elected in 2001 is composed of 10 members elected
in direct elections; 10 indirectly elected by local community interests
such as business, labor, professional, welfare, cultural, educational
and sports associations; and seven appointed by the Chief Executive.
Prior to the 2001 elections, the Legislative Assembly was composed of 8
members elected directly, 12 elected indirectly, and 7 that were
appointed. Elections are held every 4 years, and the number of
legislators is to increase gradually in subsequent elections. In 2005
the number of directly elected seats is to be increased to 12, with 10
elected indirectly and 7 appointed. After 2009 the rules on the
Assembly's composition may be altered by a two-thirds majority of the
total membership and with the approval of the Chief Executive, who has
veto power. The Basic Law does not provide for universal suffrage or
for direct election of either the legislature or the Chief Executive.
There are limits on the types of legislation that legislators may
introduce. Article 75 of the Basic Law stipulates that legislators may
not initiate legislation related to public expenditure, the SAR's
political structure, or the operation of the Government. Bills relating
to government policies must receive the written approval of the Chief
Executive before they are submitted.
A 10-member Executive Council appointed by the Chief Executive
consists of 2 legislators, 1 former legislator, 5 policy secretaries
and 2 prominent businessmen. The Executive Council functions as an
unofficial cabinet, approving all draft legislation before it is
presented in the Legislative Assembly.
In January a bill approved by the Legislative Assembly in 2001 went
into effect, transforming Macau's two provisional municipal councils
into a new public body. Under the previous arrangement, a total of
eight directly elected members sat on the two councils. The councils
were responsible for culture, recreation and public sanitation
functions. Under the new system, the councils have been merged into a
single public body, called the Institute for Civic and Municipal
Affairs, with all of its members appointed by the Chief Executive. The
Basic Law states that ``municipal organizations are not organs of
political power.''
Five of the 27 Legislative Assembly members (3 directly elected, 1
indirectly elected, 1 appointed), including the President of the
Assembly, were women. Women held a number of senior positions
throughout the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic human rights groups generally functioned without
government restriction, investigating and publishing their findings on
human rights. Local human rights groups, such as the Macau Association
for the Rights of Laborers, and the New Democratic Macau Association,
continued to operate.
International human rights agreements that formerly were applicable
to Macau were approved by the Sino-Portuguese Joint Liaison Group and
continued to apply to the SAR. In addition, the International Covenant
on Civil and Political Rights is subsumed in the Basic Law.
The Commission Against Corruption received 1,116 complaints against
public officials in a variety of agencies during the year. By year's
end, the Commission had opened 131 files, of which 115 were criminal
cases and 16 were administrative grievances. The Commission transferred
24 cases to the Public Prosecutions Office. A monitoring body
established to review complaints of maladministration or abuse by the
Commission itself received no such complaints during the year.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Basic Law stipulates that residents shall be free from
discrimination, irrespective of their nationality, descent, race, sex,
language, political persuasion, ideological belief, educational level,
economic status, or social condition. In addition, many local laws
carry specific prohibitions against discrimination. 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.
Women.--The Government enforces criminal statutes prohibiting
domestic violence and prosecutes violators. 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
victims of abuse and informs them about social welfare services. Until
their complaints are resolved, victims of domestic violence may be
provided public housing, but no facilities were reserved expressly for
them.
Private and religious groups sponsored programs for victims of
domestic violence. The Government supported and helped to fund these
organizations and programs. The Bureau for Family Action was created by
the Government as a subordinate body of the Department of Family and
Community of the Social Welfare Institute. The Bureau helps women who
have been victims of domestic violence, providing not only a safe place
for them and their children but also advice regarding legal actions
against the perpetrators. A special family counseling service performed
an average of 150 family services per month, including receiving phone
calls and conducting interviews. Two government-supported religious
programs also offered rehabilitation programs for women who have been
victims of violence. Through September, 19 cases of spousal abuse were
reported to the Social Welfare Institute. Between January and July, the
Office for Security Co-ordination received 143 reports of offenses
against the physical integrity of female spouses. From January to
September, the Government received two criminal complaints of statutory
rape and one case of ill treatment. The law on rape covers spousal
rape. During the year, their were 13 reported rapes.
Prostitution is legal, but procuring is not. Although there was no
reliable data regarding the number of persons involved, trafficking in
women was a problem (see Section 6.f.).
There is no law specifically addressing sexual harassment, although
there is a law prohibiting harassment in general.
Women have become more active and visible in business. A government
survey indicated that, as of June, women comprised 47.1 percent of the
labor force. Equal opportunity legislation that is 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 was wage discrimination in some sectors,
notably construction. The equal opportunity legislation may be enforced
by civil suits, but no cases alleging discrimination have been brought
to court.
Children.--The Government is committed to protecting the rights and
welfare of children; it does so by relying on the general framework of
civil and political rights legislation to protect all citizens. For
example, the Criminal Code provides for criminal punishment for sexual
abuse of children and students, statutory rape, and procuring involving
minors.
School attendance is compulsory for all children aged 5 to 15
years. Basic education was provided in government-run schools and
subsidized private schools and covers the pre-primary year, primary
education, and general secondary school education. The Education
Department provided assistance to families of those children that could
not pay school fees. The children of illegal immigrants were excluded
from the educational system. The Government provided free medical care
for all children. Child abuse and exploitation were not widespread
problems. Through September 15 cases of child abuse were reported to
the Social Welfare Institute. Between January and July, the Office for
Security Coordination received 20 reports of child abuse. From January
to September, four criminal complaints regarding sexual abuse of
children were received.
Persons with Disabilities.--The extent to which persons with
physical disabilities experienced discrimination in employment,
education, and provision of state services was not known fully. A 2001
census stated that there were 5,713 persons with disabilities in the
SAR.
The Social Welfare Institute offered financial and rehabilitation
assistance to persons with disabilities and helped to fund 5
residential facilities and 14 day centers providing services for the
disabled. A few other special programs existed, aimed at helping
persons with disabilities gain better access to employment, education,
and public facilities. Nineteen nongovernmental entities providing
services for persons with disabilities received regular assistance from
the Social Welfare Institute and subsidies from other governmental
departments. An average of 86 percent of the total income of these
nongovernmental entities came from the Government. Four nongovernmental
entities were totally funded by the Government, including one
residential home and one day training center for mentally retarded
persons, one residence for former psychiatric patients and one day
center for disabled children. Twenty-two schools had programs for
persons with disabilities, providing special education programs for 752
students.
In October a new law was enacted, mandating improved accessibility
for persons with reduced mobility to public administration buildings,
buildings open to the public, collective dwellings and pavements. The
Government's Social Security fund may grant subsidies for the
elimination of architectural barriers in order to facilitate access by
persons with a physical or behavioral disability.
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 2 percent of the population) were generally
respected. Although Portuguese officials no longer dominated the civil
service, the Government bureaucracy and the legal system placed a
premium on knowledge of the Portuguese language, which was spoken by
less than 2 percent of the population. The Chinese language has
official status and the use of Chinese in the civil service was
growing.
Section 6. Worker Rights
a. The Right of Association.--The Government neither impeded the
formation of trade unions nor discriminated against union members. The
Basic Law stipulates that international labor conventions that applied
to Macau before the handover shall remain in force and are to be
implemented through the laws of the SAR. Human rights groups have
expressed concern that local law does not have explicit provisions
against antiunion discrimination.
Unions tended to stress the importance of stability and minimum
disruption of the work force. Nearly all of the private sector union
members belonged to the pro-China Federation of Trade Unions. Many
local observers have claimed that this organization was more interested
in furthering the Chinese political agenda than in addressing trade
union issues such as wages, benefits, and working conditions. Only a
small number of unions--six private sector unions and two public sector
unions--were independent. All classes of workers have the right to join
a union.
Unions may freely form federations and affiliate with international
bodies. During the year, the SAR had eight independent industrial
(sector-wide) unions. Three of the nearly 20 civil service unions--
representing Portuguese, Macanese, and Chinese employees--were
affiliated with the major non-Communist Portuguese union confederation,
the Macau Sempre (Roots in Macau).
b. The Right to Organize and Bargain Collectively.--The Government
did 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. Wages were
determined by market forces. Unions tended to resemble local
traditional neighborhood associations, promoting social and cultural
activities rather than issues relating to the workplace. Local customs
normally favored 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.
Labor leaders have complained that there is no effective protection
in local law from retribution should they exercise their right to
strike. The Government argued that striking employees are protected
from retaliation by labor law provisions that require an employer to
have ``justified cause'' to dismiss an employee, and the Government
enforced these provisions in practice. Strikes, rallies and
demonstrations are not permitted in the vicinity of the Chief
Executive's office, Legislative Assembly and other key government
buildings. Although there was at least one protest, there were no work
stoppages or strikes during the year.
In August approximately 300 casino workers and their families
protested against a new employment contract with their newly formed
casino group employer. The employees feared that they would earn less
under the new contracts, which required a reduction in tips but an
increase in fixed salaries. The Government referred the dispute to the
Labor and Employment Bureau for mediation, the results of which were
pending at year's end.
Workers who believe that they have been dismissed unlawfully may
bring a case to court or lodge a complaint with the Labor Department or
the High Commissioner against Corruption and Administrative Illegality,
who also functions as an ombudsman.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
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 may be authorized to work
on an ``exceptional basis.'' Proposed changes to the law currently
under consideration by the Government will prohibit minors under the
age of 18 from working, while minors between the ages of 16 and 18 may
be authorized to work on an ``exceptional basis.'' Some children
reportedly worked 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 (ILO) conventions are
applied. The Labor Department enforced the law through periodic and
targeted inspections and violators were prosecuted. The incidence of
child labor was very low. The Labor Department Inspectorate did not
conduct inspections specifically aimed at enforcing child labor laws,
but it issued summonses when such violations were discovered in the
course of other workplace inspections. No instances of child labor were
reported during the year.
In August Macau ratified ILO Convention 182 on Elimination of the
Worst Forms of Child Labor.
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 provided a decent standard of living for a worker and family.
There were no publicly administered social security programs, but some
large companies provided 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 reported that workers frequently agreed to
work overtime to compensate for low wages. The Department of Labor
provided assistance and legal advice to workers on request.
The Department of Labor enforces occupational safety and health
regulations, and failure to correct infractions can lead to
prosecution. In 2001 the Labor Department inspectorate carried out 1694
inspections and uncovered 29 violations carrying fines worth a total of
$20,814 (166,500 Patacas). There were four work-related death cases
during the first half of the year and six cases in 2001. 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.
Migrant workers, primarily from China, made up approximately 11
percent of the work force. These workers often worked for less than
half of the wages paid to local residents performing the same job,
lived in controlled dormitories, worked 10 to 12 hours per day, and
owed large sums of money to a labor-importing company for the purchase
of their jobs. The U.N. Human Rights Committee has noted the lack of
protective measures for working conditions and the absence of social
security programs for nonresident workers as problems. Labor interests
claimed that the high percentage of foreign labor eroded the bargaining
power of local residents to improve working conditions and increase
wages.
Due to an economic downturn and high unemployment, the Government
has reduced the amount of foreign labor to give job priority to local
residents. In a 2001 incident, approximately 40 workers from mainland
China were detained after a standoff with their employer over
compensation and abrupt dismissal. Some of the workers were deported
before a judicial decision could be made on their labor-related claims.
In another case, after dozens of foreign workers suddenly were laid off
by a garment manufacturer, they petitioned the Government over being
paid a fraction of their wages. In response the Government's Labor and
Employment Affairs Bureau took action to mediate the pay dispute. The
Government claimed that, since the workers' contracts had expired,
their removal was lawful. However, a Labor and Employment Affairs
Bureau official stated to the press that the dismissal of the workers
was ``unreasonable'' and that the workers' demands were fair. There
were no such demonstrations during the year.
f. Trafficking in Persons.--The law prohibits trafficking in
persons. However, the SAR was both a transit point and a destination
for trafficking in illegal aliens. It was also a transit point, and in
the past has been a destination, for trafficking in women for the
purpose of prostitution. During the year, the Government maintained
that the current flow of women into the SAR for the purpose of
prostitution was ``a result of regional economic migration and not a
corollary of trafficking in people.''
Trafficking in persons is a crime established and punished under
Article 7 of the Law on Organized Crime. The penalty for the crime of
trafficking in persons is imprisonment for 2 to 8 years. This penalty
is increased by one-third (within minimum and maximum limits) if the
victim is under the age of 18 years. If the victim is under 14 years
old, the penalty is imprisonment for 5 to 15 years. In cases in which a
victim is raped by a trafficker, the two offenses are treated as
different crimes.
In the past, there were credible reports that women from Vietnam
were 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
usually were ethnic Chinese, also reportedly have been trafficked into
the SAR; law enforcement authorities in Malaysia believed that the
women were trafficked by Chinese criminal syndicates. In some cases,
trafficking victims from Malaysia were lured by promises of well-paying
jobs and then were forced to work as prostitutes.
Prostitution is not a crime in the SAR, but living off the proceeds
of prostitution is a crime. In January the police arrested a Taiwan-run
gang that allegedly paid Russian prostitutes a small amount of money
during the first 6 to 12 months of their employment contracts to force
their continued employment.
There were no government assistance programs in place for victims
of trafficking. There were no local NGOs specifically dealing with the
problem of trafficking, but there were charitable organizations that
provided assistance and shelter to women and children who were the
victims of abuse.
__________
TAIWAN
Taiwan is a multiparty democracy. The 2000 victory of Democratic
Progressive Party (DPP) presidential candidate Chen Shui-bian followed
more than 50 years of rule by the Kuomintang (KMT) and marked the first
transition from one political party to another in Taiwan's history. The
president 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 dismiss the Cabinet with a
no-confidence vote. In 2001 the DPP won a plurality of seats in the LY
in free and fair elections. In the 2002 Taipei and Kaohsiung municipal
elections, an incumbent KMT mayor in Taipei and an incumbent DPP mayor
in Kaohsiung were reelected in free and fair elections. In addition to
the DPP, the KMT, the People First Party, and the Taiwan Solidarity
Union played significant roles in the LY. The Judicial Yuan (JY) is
constitutionally independent of the other branches of the political
system, and the Government respected the judiciary's independence in
practice.
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. The police occasionally
committed human rights abuses.
Taiwan has a dynamic, export-oriented, free market economy.
Liberalization of the economy has diminished the dominant role that
state-owned and party-run enterprises previously played in such major
sectors as finance, transportation, utilities, shipbuilding, steel,
telecommunications, and petrochemicals. Services and capital- and
technology-intensive industries were the most important sectors. Major
exports included computers, electronic equipment, machinery, and
textiles. Taiwan's more than 22 million citizens generally enjoyed a
high standard of living and an equitable income distribution.
The authorities generally respected the human rights of citizens;
however, there were problems in some areas. Principal problems included
police abuse of detainees; allegations of judicial corruption; 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 some
instances of trafficking in women and children.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
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 claimed that each interrogation is audiotaped or
videotaped and that any allegation of mistreatment is investigated.
Nonetheless lawyers and legal scholars noted that abuses most often
occurred in local police stations where interrogations were not
recorded and when attorneys often were not present. Police emphasized
confessions by suspects as the principal investigative tool, and the
judicial system sometimes accepted confessions even when they
contradicted available physical evidence or logic. Law enforcement
agencies remained weak in scientific investigative skills; however, the
NPA continued to make efforts to improve by upgrading its crime
laboratory technology and training crime scene examiners.
The NPA stated that regulations forbid the abuse of suspects and
that police who abuse suspects are punished. However, there were
credible reports that physical abuse or the threat of abuse was a
recurring 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. According to the Government, there were no such cases
during the year and two in 2001, one in Yunlin County and one in
Kaohsiung. The policeman in the first case was found guilty and
sentenced to 8 months in prison; no information was available regarding
the second case. In 2000 the Taiwan High Court began the retrial of the
``Hsichih Trio'' who alleged police torture in extracting their
confessions to a 1991 murder charge; the case remained pending at
year's end.
Although the primary responsibility for investigating torture and
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 stated that
instilling respect for human rights was a part of basic police
training, human rights groups asserted that the measures the
authorities have taken to protect human rights were inadequate.
Corporal punishment is forbidden under military law and strictly
prohibited in practice. In the past, military hazing was a problem;
however, the Ministry of National Defense (MND) has implemented several
programs in recent years to address the problem. In March a law was
passed establishing committees for the protection and promotion of
servicemen's rights and interests, which demonstrably have served to
reduce incidents of hazing and mistreatment.
Prison conditions generally met international standards; however,
overcrowding at the 49 prisons and overly long stays at detention
centers for illegal aliens remained problems. Recent NPA initiatives
have begun to have an impact, reducing the average stay at detention
centers for illegal aliens from 98 days to 88 days. Also during the
year, the number of inmates that exceeded the capacity of Taiwan's
prisons fell to 2,420, or 4.4 percent of total inmates, from 4,940, or
9.6 percent of total inmates, in 2001. During the year, renovation,
expansion and construction projects added approximately 3,500 beds.
The authorities permitted prison visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the authorities generally observed
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, when there is ample reason to believe
the person may flee. Police may question persons without a formal
summons when circumstances are too urgent to report to a public
prosecutor. However, immediately after detaining a suspect the
authorities must apply to a prosecutor for a warrant to detain the
arrestee for up to 24 hours and must 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. In 2000 the NPA ordered all police stations to
prohibit the media from photographing persons under detention and to
cease providing the names of detainees to the media. In 2001 the MOJ
and the NPA strengthened efforts to prevent disclosure of information
on detainees to the media; this reduced somewhat the unauthorized
release of information.
Under the 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 apply
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 observed these procedures, and trials usually took place
within 3 months of indictment.
The Code of Criminal Procedure requires the police to inform a
suspect during an interrogation of the specific charges 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 must
inform the suspect. The authorities generally respected a detainee's
request to have a lawyer present during the investigation phase, but
defense lawyers and human rights groups continued to complain that the
rules did not provide adequate protection since suspects often did not
have legal representation during police interrogation. A contributing
factor is the lack of a legal requirement that indigent persons be
provided counsel during police interrogation, although counsel was
provided during trials. In addition, informed observers reported that
the ``public defense counsels'' did not provide effective defense
assistance. They typically did not appear until the final argument of
the trial, and they seldom spent a significant amount of time
discussing the case with their clients.
The Constitution does not provide for forced exile, and it was not
practiced.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; and the Government generally respected this
provision in practice. However, while the Government has made efforts
to eliminate corruption and to diminish political influence in recent
years, they remained serious problems.
In recent years, the Judicial Yuan (JY) has taken several measures
to reduce political influence on judges. An independent committee using
secret ballots decides judicial appointments and promotions. Judicial
decisions no longer are subject to review by presiding judges, except
in the case of decisions by ``assistant judges.'' The judges themselves
decide upon distribution of cases. Finally, judges and the President of
the JY are prohibited from taking part in political activities. The
Government's anticorruption campaign also has reinforced the JY's
efforts to eliminate judicial corruption. Although the LY has yet to
enact the JY President's proposed code of judicial conduct, the
proposals have resulted in revised precepts for evaluation of judicial
performance and strengthened reviews of judges' financial disclosure
reports. In 2000 the JY initiated a human rights course in its judicial
training program. These factors have reduced the incidence of judicial
misconduct; however, there continued to be complaints of corruption on
the part of individual judges. In 2000 a judge in Tainan was arrested
on suspicion of running a brothel since 1998 and using his position to
protect the business from police scrutiny. In July the judge was
sentenced to 12 years in prison and deprived of his right to serve in
the Government for 8 years following his release. At year's end, his
appeal was pending in the Taiwan High Court.
The JY 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, 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. The Administrative Court also provides judicial review.
The law provides the right of fair public trial, and this generally
was respected in practice. Judges, rather than juries, decide cases;
all judges are appointed by, and are 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 indigent, the judge may
assign an attorney. Attorneys assigned to defendants generally assisted
once an indictment was filed and at trial, but usually were not present
during police interrogations. Informed observers reported that public
defense counsels did not provide effective defense assistance (see
Section 1.d.). The law states that a suspect may not be compelled to
testify, and that a confession shall not be the sole evidence used to
find a defendant guilty. Nonetheless convictions frequently resulted
from a combination of a confession and circumstantial evidence of
varying quality. However, in 2001 a Taipei district court judge
acquitted a defendant of theft charges on the grounds that his
confession was made involuntarily. All convicted persons have 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.
In May the LY passed criminal procedure legislation making judges
impartial adjudicators of lawsuits rather than law enforcers for the
Government obligated to personally help gather evidence for
prosecutors. The revision, which downgrades the status of prosecutors
from a rank similar to that of a judge, requires prosecutors to bear
the full responsibility for investigations and charges them with the
duty of convincing the judge of the guilt of the accused.
In 2001 the Council of Grand Justices declared certain due process
provisions of the 1985 Antihoodlum Law to be unconstitutional. The law
departed from international standards by allowing police to detain
suspects for up to 1 month--extendable to subsequent months--while the
suspect was under investigation. In April the LY passed legislation
eliminating that provision.
At year's end, six District Courts had adopted the new trial system
that has been in use in the Shihlin District Court since 1999.
Implemented in response to the JY President's 1999 judicial reform
proposals and intended to better protect the rights of the accused, the
new modified adversarial trial system is a potential model for the rest
of the judicial system.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution and the Criminal and Civil Codes
contain provisions protecting privacy. In 2001 the LY amended the Code
of Criminal Procedure to require prosecutors to obtain judicial
approval of search warrants, except when ``incidental to arrest'' or
when there are concerns that evidence may be destroyed. However,
critics claimed that the incidental to arrest provision is not only
unconstitutional but is also often interpreted broadly by police to
justify searches of locations other than actual arrest sites. According
to the NPA, warrantless searches are allowed only in special
circumstances, such as to arrest an escapee or if facts indicate that 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 in prison; however, few defendants
or their spouses have filed charges against policemen found to have
obtained evidence illegally. Furthermore, illegally obtained evidence
is not excluded automatically from consideration by the court; instead,
its admission is left to the discretion of the judge. Judges
increasingly excluded illegally obtained evidence, although in the past
such evidence was admitted and frequently provided the basis for
conviction.
In 2001 the Council of Grand Justices ruled that the Police
Administration Law (PAL), which had been used to give police wide
discretion in searching persons in public places and stopping vehicles
for inspections, did not entitle police to make such searches unless a
clear risk to public safety had been established. Noting that such
searches could infringe on freedom of movement, privacy, and the right
to property, the Council instructed the NPA to revise the PAL in
accordance with its ruling immediately. At year's end, the Executive
Yuan was debating the revision to be proposed to the LY.
Although the MOJ and the police continued to use wiretapping as an
investigative tool, unauthorized wiretapping has become less of a
problem following passage in 1999 of the Telecommunications Protection
and Control Law, which imposed severe penalties for unauthorized
wiretapping. The Telecommunication Law and 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. The total number
of approved wiretaps dropped from 13,000 in 1999 to 3,051 in 2000.
Approvals subsequently increased to 7,218 in 2001 and to 8,631 during
the first 10 months of the year. Officials attributed the recent
increase to investigations into alleged vote-buying cases during local
and national elections in the past 2 years. The law also regulates
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
respected these rights in practice.
Print media represented the full spectrum of views within society.
However, some political influence still existed over the electronic
media, particularly broadcast television stations. The ruling DPP was
associated with Formosa TV (FTV), the Government was the largest
shareholder of Taiwan Television Enterprise (TTV), the military was the
largest shareholder of the Chinese Television System (CTS), and the
opposition KMT was the largest shareholder of China Television Company
(CTV). However, the existence of approximately 100 cable television
stations, some of which carry programming openly critical of the
various political parties, has diminished the importance of political
party influence over the broadcast television stations.
Controls over radio stations were more limited than those over
television stations and were gradually being liberalized. In 2001 the
Government Information Office (GIO) received 503 applications for radio
broadcast frequencies. A total of 77 frequencies were made available,
including 45 medium-range and 32 short-range frequencies. As of 2001,
23 medium-range and 10 short-range frequencies had been apportioned.
During the year, the Ministry of Transportation and Communications
announced no plans to further expand the number of frequencies
available.
Observers noted that licensing requirements obliged prospective
radio station owners to have more capital than actually was required to
operate a station, which inhibited individuals or groups from applying
for radio station licenses. However, the GIO claimed that the $1.43
million (NT$50 million) required capitalization was based upon
consideration of actual business costs and noted that the required
capitalization was reduced to $28,600 (NT$1 million) for radio stations
serving remote areas or designated ethnic groups and civic
organizations, or which promote local development. According to
Ministry of Transportation and Communication statistics, more than 130
unlicensed ``underground'' radio stations, many associated with the
ruling or with opposition parties, operated illegally.
Among other restrictions regulating the media were those precluding
persons previously convicted of sedition from owning, managing, or
working in television and radio stations. DPP leaders, many of whom
were convicted of sedition in the aftermath of the 1979 Human Rights
Day demonstrations that turned into a riot, which is known as the
``Kaohsiung incident,'' nevertheless were not affected because their
rights were restored through presidential amnesties by the previous
administration.
There is a vigorous and active free press. In 1999 the LY abolished
the Publications Law, which had empowered the police to seize or ban
printed material that was seditious, treasonous, sacrilegious,
interfered with the lawful exercise of public functions, or violated
public order or morals. However, in March the Government raided the
offices of Next Magazine and confiscated 160,000 copies of an issue
containing an article about $100 million (NT$3.5 billion) in secret
funds established by former president Lee Teng-hui and used as well by
the current administration for diplomatic missions and policy
initiatives. The Taiwan High Court Prosecutor's Office charged a
reporter at the magazine with breaching national security; the case was
pending at year's end.
The GIO required that any publications imported from mainland China
be sent to the GIO Publications Department for screening before sale or
publication, and still sought to ban the importation of publications
that advocated communism or the establishment of united front
organizations, endangered public order or good morals, or violated
regulations or laws. The GIO also required that China-origin material
be converted to traditional characters before being published in
Taiwan. However, few local publishing companies observed this
regulation, and substantial People's Republic of China-origin material
was imported and was widely available at schools and in research
institutes. During the year, some academics and publishing houses
called on the GIO to relax its restrictions on the use of simplified
Chinese characters. Cable television systems broadcast uncensored
television channels from mainland China.
The authorities generally did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the authorities generally
respected this right in practice. Permits required for outdoor public
meetings were granted routinely.
The Constitution provides for freedom of association; and the
authorities generally respected this right in practice. The Civic
Organization Law requires all civic organizations to register.
Under the Civic Organization Law the Constitutional Court holds the
power to dissolve political parties. 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 generally respected this right in
practice. Religious organizations may register with the central
authorities through their island-wide associations under either the
Temple Management Law, the Civic Organizations Law, or the chapter of
the Civil Code that governs foundations and associations; however,
registration is not mandatory. Registered organizations operate on a
tax-free basis and are required to make annual reports of their
financial operations. While individual places of worship may register
with local authorities, many chose not to register and operated as the
personal property of their leaders. In the past, concern over abuse of
tax-free privileges or other financial misdeeds occasionally prompted
the authorities to deny registration to new religions whose doctrines
were not clear, but there were no reports that the authorities sought
to suppress new religions during the year. In 2000 the President
granted a special amnesty to 19 conscientious objectors who had been
imprisoned for refusing military service on religious grounds. In 2001
the LY passed an Alternative Service Law that permits conscientious
objector draftees to fulfill their military service commitments through
community service.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement, Foreign Travel, Emigration, and
Repatriation.--The authorities did not restrict freedom of internal
travel. Foreign travel by passport holders was common.
Nonresident passport holders usually are issued ``overseas
Chinese'' passports and must seek entry permits for travel to Taiwan.
According to the National Security Law (NSL), 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.
Holders of nonresident 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 1987 the authorities have relaxed substantially strictures
against travel by residents to the Chinese mainland, and such travel
was common. In 2000 relatively tight restrictions on the entry of
Chinese from the mainland for national security reasons, which
previously had been relaxed to permit cross-strait exchanges, were
further relaxed when the LY passed legislation permitting mainland
Chinese to visit for business, academic, or tourism purposes. In 2001
Taiwan further relaxed the regulations to allow PRC correspondents to
be temporarily posted to Taiwan for up to 1 month per visit. By the end
of July, 98 PRC journalists had taken advantage of this change.
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 deported to the
mainland, under provisions of the Mainland Relations Act, mainlanders
who illegally entered the island for economic reasons. There were no
reports during the year of forced return of persons to a country where
they feared persecution.
Some detention centers for illegal immigrants continued to be
overcrowded, and detainees complained about overly long stays at the
centers while waiting to be repatriated. Recent expansion projects
sought to relieve overcrowded conditions. The Bureau of Entry and Exit
faulted mainland Chinese authorities for delays in repatriation. In
2000 the authorities began allowing some detained illegal aliens from
mainland China to return to the mainland by airplane via Hong Kong at
their own expense. Also in 2000 the authorities began to repatriate
illegal alien mainland Chinese directly from the island of Matsu or
allow them to fly back to China via a third country, rather than take
them to detention centers in Taiwan.
In 2001 the ship's master and the chief engineer of the Greek cargo
vessel M/V Amorgos were prevented from leaving the island while the
Environmental Protection Agency negotiated with the shipping company's
agent regarding compensation for damages caused by an oil spill when
the ship ran aground off the coast of southern Taiwan. After 8 months,
they were allowed to depart the island and given compensation.
The 1999 Entry, Exit, and Immigration Law provides strict
sentencing guidelines for alien smuggling. Several cases have been
brought before the courts under this law; however, few resulted in
convictions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have the right to change their government peacefully, and
citizens exercised this right in practice. In 2000 for the first time
an opposition party candidate was elected President, winning a 39
percent plurality in a 3-person race. Generally free and fair popular
elections for the LY have taken place four times since 1992.
The Chen administration has made significant progress in its
efforts to eliminate corruption and vote buying. In early 2001, the MOJ
worked to ensure fair Farmers' and Fishermen's Association elections.
Investigations of 444 suspected vote-buying cases resulted in the
indictment of 43 persons. The MOJ also conducted a concerted campaign
against vote buying in the 2001-2002 national and local elections. As
of January, the MOJ had investigated 5,794 vote-buying cases and
indicted 141 persons.
In 2000 the MOJ also launched a campaign against government
corruption. As of May, prosecutors had indicted 12 former and incumbent
legislators, 6 former and incumbent city mayors and county magistrates,
and 87 local township chiefs, of whom 2 local township chiefs had been
convicted. Of the 166 city, county and local officials who were
indicted for corruption, 1 council member had been convicted by year's
end. In addition, prosecutors were investigating 3 incumbent
legislators, 1 mayor, 1 county magistrate, 19 local township chiefs,
and 57 city, county, and township elected representatives at year's
end.
In 2000 the Ministry of Justice Investigation Bureau was ordered to
cease political intelligence gathering regarding politicians and
political parties, and to concentrate on criminal matters.
The DPP won the largest bloc in the 2001 legislative elections,
obtaining 87 of 225 seats. The KMT, which lost the legislative majority
for the first time, won 68 seats. The People First Party more than
doubled its representation in the LY, winning 46 seats. The newly
established Taiwan Solidarity Union, inspired by the pro-Taiwanese
ideology of former president Lee Teng-hui, won 13 seats. The New Party
won one seat.
The Constitution provides for equal rights for women, and their
role in the political sphere is increasing. In 2000 a woman for the
first time was elected vice president, and 7 of 40 cabinet officials
were women, including the Chairpersons of the Mainland Affairs Council
and the Labor Affairs Council. Two of 25 Control Yuan members and 3 of
20 Examination Yuan members were women. A number of women also held
important political party positions. Two of the 15 members of the DPP
Central Standing Committee were women, as were 8 of the KMT's 31
Central Standing Committee members. Forty-eight members in the 225-
member Legislative Yuan were women.
Aborigine representatives participated in most levels of the
political system. They held eight reserved seats in the LY, half of
which were elected by plains Aborigines and half by mountain
Aborigines. The proportion of legislative seats allocated to Aborigines
was almost twice their percentage of the population. An Aborigine
served as Chairman of the Council of Aboriginal Affairs.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The most active human rights organizations were the Chinese
Association of Human Rights and the Taiwan Association for Human
Rights. Both organizations operated freely and investigated human
rights complaints, many of which came to public attention through the
media and statements by lawmakers from all political parties. The
authorities also permitted representatives of international human
rights organizations to visit and meet with citizens freely. Amnesty
International maintained a Taipei office. Women's and children's human
rights groups monitored police and judicial performance and campaigned
to address abuses.
In his 2000 inaugural address, President Chen declared that Taiwan
must include international human rights in its legal code and establish
a national human rights commission. In October the Government issued a
report entitled ``Taiwan: 2002 Human Rights Policy White Paper,'' with
a timetable for an ambitious human rights promotion program, including
planned issuance of a National Human Rights Report in March 2003, a
program to examine and revise laws likely to be affected by human
rights policies, and preparation of a national Human Rights Action Plan
in accordance with the Vienna Declaration and Program of Action. In
October the Government cosponsored an international symposium on human
rights in Taiwan addressing the implementation of international human
rights standards, the establishment of a national human rights
commission and the role of NGOs in the advancement of human rights. In
December President Chen reported that the Government had submitted a
draft organic law for the National Human Rights Commission to the
Legislative Yuan for approval and that the LY had begun to screen bills
for the localization of international human rights codes. In 2001 the
Ministry of Education initiated a program of human rights education at
all levels of the educational system.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equality of citizens before the law
``irrespective of sex, religion, race, class, or party affiliation.''
It also provides for the rights of persons with disabilities. While the
authorities were committed to protecting these rights, discrimination
against some groups continued.
Women.--Violence against women, including domestic violence and
rape, remained a serious problem. Domestic violence was especially
widespread. The authorities funded domestic violence hot lines, which
also handled calls for assistance from victims of sexual assault and
child abuse. From January through September, the hot line run by the
Domestic Violence Prevention and Control Center under the Ministry of
Interior received 55,310 calls. The Ministry of Justice continued to
take steps to strengthen the protection of women and children against
violence in accordance with the 1999 Domestic Violence and Protection
Control Law. The law allows prosecutors to take the initiative in
investigating complaints of domestic violence without waiting for a
spouse to file a formal lawsuit. Although some cases were prosecuted,
strong social pressure discouraged abused women from reporting
incidents to the police in order to avoid disgracing their families.
Rape also remained a serious problem, and its victims were
stigmatized socially. One expert estimated that 7,000 rapes--10 times
the number reported to the police--occurred annually. In 1999 the LY
passed legislation that permits the prosecution of the crime of rape
without requiring the victim to press charges. Under the law, rape
trials may not be open to the 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 usually were given
sentences of 5 to 10 years in prison. There were 2,943 cases of rape or
sexual assault reported in 2001. Spousal rape is a crime. In 2001 the
Ministry of Interior (MOI) adopted a new procedure under which doctors,
social workers, police, and prosecutors jointly question victims of
sexual abuse in order to reduce the number of times a victim is
questioned. From January through November, 1,431 persons were indicted
for rape or sexual assault, and 1,143 persons, most indicted in
previous years, were convicted.
The law requires all city and county governments to set up domestic
violence prevention and control centers. The centers provided victims
with protection, shelter, legal counseling, and other services on a 24-
hour basis. From January through September, the city and county
domestic violence prevention and control centers consulted with a total
of 54,180 persons, set up follow-up files on the cases of 14,903
persons, helped obtain 2,429 court protection orders, and assisted in
obtaining emergency shelter for 1,161 persons. Under the law, a
judicial order may be obtained to prohibit violators from approaching
victims. The MOI also provided assistance, such as financial assistance
and shelter, to victims of rape or domestic violence. In 1999 the
Ministry established a domestic violence prevention committee to
implement a comprehensive program for the protection of women and
children. The committee, among other things, worked to ensure that the
various prevention and control centers were functioning effectively,
and that other government agencies, such as the police, handled
domestic violence cases appropriately. The committee also worked with
NGOs on these issues.
Prostitution, including child prostitution, also was a problem. The
authorities were phasing out legalized prostitution. In 1999 the LY
banned prostitution, but exempted 23 brothels and 119 prostitutes
already registered with the authorities. Under the law, no new houses
of prostitution may be registered. There have been reports of a growing
trend of young women, often well educated, entering into part-time
prostitution. There also were credible reports of a small number of
women being trafficked onto the island for purposes of prostitution
(see Section 6.f.), and reports of a larger number of women who entered
for purposes of engaging in prostitution.
Sexual harassment was a problem, but the Government actively
addressed the issue. During the year, the authorities reacted quickly
to investigate allegations of sexual harassment lodged against a high-
ranking government official.
The law prohibits sex discrimination. Many sections of the legal
code that discriminated against women have been eliminated. For
example, women are no longer required to adopt their husband's last
name after marriage, and the citizenship law was amended in 2000 to
permit transmission of citizenship through either parent.
In March the 2001 Gender Equality in the Workplace Act went into
effect, providing for equal treatment with regard to salaries,
promotions, and assignments. The law also stipulates that measures be
taken to eliminate sexual harassment in the workplace. Women's
advocates noted that women were promoted less frequently and worked for
lower pay than their male counterparts, and that women were not granted
maternity leave or were forced to quit jobs due to marriage, age, or
pregnancy, despite the fact that previously existing labor laws
afforded women some protections against gender-based discrimination in
the workplace. According to the Council on Labor Affairs, salaries for
women averaged 85 percent of those for men performing comparable jobs.
Most city and county administrations have set up committees to deal
with complaints of sexual discrimination in the workplace.
In 2001 the Ministry of Education initiated a program to promote
equal educational opportunities for both sexes and to include units on
family life, relations between the sexes, and equal opportunity rights
in educational material at all levels.
In 2001 60 women's organizations joined together to form the
National Union of Taiwan Women to promote women's rights. Also in 2001,
President Chen reiterated his administration's determination to protect
teenage girls from commercial sexual exploitation and signed a
declaration drafted by the Garden of Hope Foundation to increase public
awareness of the need to protect the rights of teenage girls.
Children.--The Constitution includes provisions to protect
children's rights, and the authorities were committed to supporting
them. Education for children between 6 and 15 years of age is free and
compulsory, and this rule was enforced. The percentage of school age
children attending primary school was 99.94 percent, and those
attending junior high school 99.86 percent. Children also were provided
health care under the national health insurance scheme.
Child abuse was a significant problem. In 2001 there were 4,466
cases of child abuse according to MOI statistics. Following the 1999
enactment of the Domestic Violence Control Law, 21 city and county
governments established domestic violence protection centers, the goal
of which is to protect women, children and senior citizens from
violence. Services include a 24-hour hot line, emergency assistance,
shelter, medical treatment and examination, counseling for victims,
legal assistance, and education and training. Under the law any persons
discovering cases of child abuse or neglect must notify the police,
social welfare, or child welfare authorities; child welfare specialists
must make such notification within 24 hours; and the authorities
involved must issue an investigation report within 24 hours. Both the
MOI's Social Affairs Department and nongovernmental specialists
asserted that these requirements were followed. In October the Shihlin
District Court found a senior member of a Buddhist academy guilty of
sexually harassing novice monks in 2000. The defendant was sentenced to
12 years in prison, and has appealed his case to the Taiwan High Court.
Financial subsidies were provided to low-income families with children
in day care facilities and to local governments to promote child
protection efforts. In 2001 the MOI assisted city and county
governments in establishing 38 public daycare facilities and 26 child
protection centers. The latter facilities have a total capacity of 938
and housed 528 children at year's end. From July to December, the MOI's
pilot program in 3 counties provided assistance to aboriginal children
in approximately 120 child abuse cases. In 2001 a hot line was
established to accept complaints of child abuse and offer counseling.
Courts are authorized to appoint guardians for children who have either
lost their parents or whose parents are deemed unfit.
In 1999 the first juvenile court was established in Kaohsiung to
handle criminal cases. Previously regular courts handled such cases.
The court employed 24 juvenile counselors, and was believed to have
been effective in dealing with juvenile criminal cases. There were
three juvenile detention centers on the island.
Although no reliable statistics were available, child prostitution
was a serious problem, particularly among aboriginal children (see
Section 6.f.). Most child prostitutes ranged in age from 12 to 17
years. 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
remained obstacles to enforcement. According to well-informed
observers, the practice of aboriginal families selling their children
into prostitution no longer existed.
According to some reports, brothel owners used violence, drug
addiction, and other forms of coercion to prevent child prostitutes
from escaping. The law provides for up to 2 years' incarceration for
customers of prostitutes under the age of 18. The law also requires the
publication of the names of violators in newspapers. In the first 10
months of the year, the names of approximately 100 persons convicted of
patronizing child prostitutes were published. 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. From January through November, 1,479 persons were
indicted and 1,128 were convicted for violations of the law. During
this period, the police rescued 346 child prostitutes. The law
prohibits the media from running advertisements involving the sex trade
and imposes penalties on citizens arrested abroad for having sex with
minors, and these laws were enforced in practice (see Section 6.f.).
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities and sets minimum fines for various
violations. New public buildings, facilities, and transportation
equipment must be accessible to persons with disabilities, and in
practice this requirement was generally met. Violations of the law
resulted in fines of US$1,700 to US$8,600 (NT$60,000 to NT$300,000.)
Existing public buildings were to be brought into conformity by 1995;
however, as of year's end there did not yet appear to be a substantial
effort aimed at refitting older buildings to accommodate persons with
disabilities.
According to MOI statistics, there were 790,312 persons with
disabilities. One-third of the total were severely disabled and
received shelter or nursing care from the authorities. The Disabled
Welfare Law requires large public and private organizations to hire
persons with disabilities equal to 2 and 1 percent of their work force
respectively. Organizations failing to do so must pay, for each person
with disabilities not hired, 50 percent of the basic monthly salary
(approximately $227 (NT$7,940)) into the Disabled Welfare Fund, which
supports institutions involved in welfare for persons with
disabilities. Many organizations complained that it was difficult to
find qualified workers with disabilities, and they appeared to prefer
to pay the fines. Another law requires that, to compete for government
contracts, a firm with at least 100 employees must include among its
employees a minimum of 2 percent of either persons with disabilities or
Aborigines. Both the central and local governments have established
committees for the protection of persons with disabilities.
Indigenous Persons.--The only non-Chinese minority group consists
of the aboriginal descendants of Malayo-Polynesians already well
established on the island when the first Chinese settlers arrived.
According to MOI statistics, there were 429,534 of these Aborigines.
More than 70 percent were Christian, while the dominant Han Chinese
were largely Buddhist or Taoist. The civil and political rights of
Aborigines are 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
to ensure their cultural, educational, and business development. In
addition the authorities instituted social programs to help Aborigines
assimilate into the dominant Chinese society. The cabinet-level Council
of Aboriginal Affairs was established in 1996 to protect aboriginal
rights and interests. Critics noted that its budget was quite small.
The Ministry of Education offered some aboriginal language classes in
primary schools. The Ministry of Education subsidized university
education for Aborigines and worked to preserve aboriginal culture,
history, and language through the establishment of Aborigine studies
centers. The law requires that, to compete for government contracts, a
firm with at least 100 employees must include among its employees a
minimum of 2 percent of either persons with disabilities or Aborigines.
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 complained that
they were 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 remained a crucial
issue for Aborigines, along with social discrimination, educational
underachievement, low economic status, and high rates of alcoholism.
Some Aborigine leaders have come to believe that only some form of
autonomy can preserve their land rights, which constantly were
threatened by Chinese developers who used connections and corruption to
gain title to aboriginal land. According to Council of Aboriginal
Affairs statistics, only approximately 70 percent of Aborigine children
completed elementary school.
The sale of Aborigine children into prostitution by their parents
reportedly no longer occurred.
Section 6. Worker Rights
a. The Right of Association.--Although the JY ruled in 1995 that
the right of association is protected by the Constitution, legislation
implementing this decision had not been passed; teachers, civil
servants, and defense industry workers were not permitted to form labor
unions. In June the LY passed the Civil Servants Association Law, which
allows civil servants to organize but forbids them to strike. On
September 28, more than 100,000 teachers from around the island
gathered in downtown Taipei to demand their right to form unions.
A number of laws and regulations further 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. Labor 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 certification to new labor unions during the year.
The Labor Union Law requires that labor union leaders be elected
regularly by secret ballot, and, in recent years, workers have
sometimes rejected management-endorsed union slates. During the year
there were no reports of political interference in labor union affairs.
Under the Labor Union Law, employers may not refuse employment to,
dismiss, or otherwise unfairly treat workers because they are labor
union members. However, in practice employers sometimes have dismissed
labor union leaders without reasonable cause, or laid them off first
during employee cutbacks, and observers pointed out that the law has no
specific penalties for violations. According to the 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.
Labor unions may form confederations, but in the past no
administrative district, including a city, county, or province, was
allowed to have competing labor confederations. In 2000 the Government
significantly eased restrictions on the right of association, and the
Council of Labor Affairs (CLA) recognized six new island-wide labor
federations, including the Taiwan Confederation of Trade Unions
(previously known as the National Federation of Industrial Unions), the
Chinese Labor Unions Federation, and the National Trade Union
Confederation. Nonetheless the percentage of workers who are labor
union members has not increased in recent years in the face of a series
of factory closure layoffs, the shift from manufacturing to service
industries, the small scale and poor organization of most unions, and
past prosecution of labor activists by the authorities. As of June,
some 2.9 million workers, approximately 29 percent of the 10.0 million-
person labor force, belonged to 3,854 registered labor unions.
In 1971 the People's Republic of China replaced Taiwan in the
International Labor Organization (ILO). However, in June the president
of the China Federation of Labor (CFL), with assistance from the
International Confederation of Free Trade Unions (ICFTU), attended the
ILO annual meeting in Geneva. The CFL was affiliated with the ICFTU;
the new federations were not internationally affiliated.
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.
The Collective Agreements Law provides for collective bargaining
but does not make it mandatory. The 282 collective agreements in force
in June involved roughly 26 percent of industrial labor unions and
covered a relatively small proportion of the total workforce. Employers
set wages generally in accordance with market conditions.
The law governing labor disputes recognizes the right of labor
unions to strike but imposes restrictions that in practice 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 Council of Labor Affairs reported that from 1990
to 1999, there were 34 strikes, of which 23 involved workers at bus
companies seeking increased pay and reduced hours. There were no
strikes during the year, in 2001, or in 2000.
Firms in export processing zones were subject to the same laws
regarding treatment of labor unions as other firms and followed normal
practices including honoring collective bargaining agreements with
their unions.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or compulsory labor, including forced and bonded labor by children;
however, there were several cases of forced child prostitution
prosecuted by the authorities (see Sections 5 and 6.f.).
In 1992 66 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) registered with the Taipei Women's
Rescue Foundation (TWRF). In 1999 TWRF helped nine of those still alive
to file a lawsuit in the Tokyo District Court seeking compensation of
$81,300 (10 million Japanese Yen) per person and a formal apology from
the Japanese government. On October 15, the Tokyo District Court ruled
against the women, who planned to appeal.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Standards Law (LSL) stipulates age 15, the age
at which compulsory education ends, as the minimum age for employment.
County and city labor bureaus enforced minimum age laws effectively.
The Child Welfare Law, Juvenile Welfare Law, and Child and Juvenile
Sexual Transaction Prevention Act protect children from debt bondage,
prostitution, pornographic performances, and other illicit activities
specified in ILO Convention 182.
e. Acceptable Conditions of Work.--The Labor Standards Law
addresses rights and obligations of employees and employers, but the
law was not well enforced in areas such as overtime work and pay or
retirement payments. By the end of 2001, the LSL covered 5.74 million
of Taiwan's 6.8 million salaried workers. Those not covered included
teachers, doctors, lawyers, civil servants, and domestic workers. The
CLA conducted publicity campaigns to increase public awareness of the
law and operated telephone hot lines to accept complaints of LSL
violations.
The CLA did not increase the minimum monthly wage, which has
remained at $452 (NT$15,840) since 1998. While sufficient in less
expensive areas, this wage did not assure a decent standard of living
for a worker and family in urban areas such as Taipei. However, the
average manufacturing wage was more than double the legal minimum wage,
and the average for service industry employees was even higher. In 2000
the LY passed legislation to reduce working hours from 48 hours per
week to 84 hours per 2-week period. In the public sector, there is a 5-
day workweek. According to a CLA survey, 49 percent of private
enterprises also have implemented entire or partial 5-day workweeks.
The law provides only minimal standards for working conditions and
health and safety precautions; it gives workers the right to remove
themselves from dangerous work situations without jeopardy to continued
employment.
Critics alleged that the CLA did not effectively enforce workplace
laws and regulations because it employed too few inspectors. During the
year, there were 260 inspectors available for the approximately 270,000
enterprises covered by the Occupational Safety and Health Law. However,
with new cross-inspection measures, the number of health inspections
increased 54 percent from 40,715 in 2000 to 62,840 in 2001, while the
number of safety inspections increased by 35 percent from 39,676 to
53,713. The CLA maintains that it has strengthened its safety checks at
workplaces with a greater risk of worker injury and it offered training
programs to help workers protect their rights. Since many enterprises
were small, family-owned operations employing relatives unlikely to
report violations, actual adherence to the hours, wage, and safety
sections of various labor laws was hard to document but was believed to
be minimal in these smaller enterprises.
During the year, there were over 307,000 legal foreign workers,
including approximately 122,000 workers from Thailand, 69,000 from the
Philippines, and 19,000 from Vietnam. In 2000 the CLA adopted a series
of measures to restrict foreign workers in Taiwan's major public
construction projects, key manufacturing investment projects, and the
manufacturing sector and announced that it intended to reduce the
number of foreign workers on the island by 15,000 workers per year.
The law stipulates that foreign workers who are employed legally
receive the same protection as local workers. However, the CLA in 1998
allowed family maids, including foreign family maids, to be 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, received board and
lodging from their employers, but no medical coverage, accident
insurance, or other benefits enjoyed by citizens. In response to
deteriorating economic conditions, the Government adopted a proposal by
the Economic Development Advisory Conference allowing room and board
expenses for foreign workers, beginning with contracts signed in
September 2001, to be treated as in-kind payments and deducted from
foreign workers' pay.
Illegal foreign workers also were vulnerable to employer
exploitation in the form of confiscation of passports (making it
difficult to change employers), imposition of involuntary deductions
from wages, and extension of working hours without overtime pay. There
also were reports that foreign workers often paid high agency fees to
obtain jobs. In addition observers reported that conditions in many
small and medium-sized factories that employed illegal foreign labor
were dangerous, due to old and poorly maintained equipment. Observers
alleged that legal foreign workers were sometimes similarly exploited.
The CLA urged employers not to mistreat foreign workers, and employers
were subject to the same penalties for mistreating foreign workers as
for mistreating citizen workers. In an effort to reduce broker fees,
the CLA revoked permits of agencies charging excessive fees, and local
governments inspected agency hiring practices. The CLA also negotiated
direct hire agreements with labor sending countries, and encouraged
NGOs to establish nonprofit employment service organizations to assist
foreign laborers in locating employment.
In 2000 the CLA ended the practice of requiring foreign female
workers to undergo pregnancy tests. In the past, those who tested
positive were subject to immediate deportation. In November the CLA
repealed regulations requiring the deportation of foreign laborers who
became pregnant and further amended regulations to allow them to switch
to jobs with lighter workloads. The CLA has established 20 offices
around the island to provide counseling and other services to foreign
workers; and it provided financial assistance to city and county
governments to conduct inspections of places where foreign workers were
employed. It also was attempting to reduce the number of illegal
foreign workers.
f. Trafficking in Persons.--The Statute for the Prevention of Child
and Juvenile Sexual Trafficking empowers the authorities to prosecute
any person who forces a child below the age of 18 to engage in sex or
sells or pawns such a child by other means. Provisions in the Criminal
Code can also be used to prosecute traffickers in persons above the age
of 18. Trafficking in persons was a problem.
The island remained a significant transit point and, to a lesser
extent, a destination for trafficked persons. There were reports of
organized crime rings trafficking in a small number of women for the
purpose of prostitution. The majority of cases involved women from
mainland China, Thailand, Cambodia, Vietnam and Indonesia. Criminal
gangs in mainland China reportedly used deceptive measures to recruit
and procure young women who were then trafficked to Taiwan-based
organized crime gangs who arranged sham marriages to enable them to
obtain visas to enter Taiwan, and exploited them for purposes of
prostitution. Many of the victims were aware that they were to work as
prostitutes, but were deceived by the traffickers about what their pay
and working and living conditions would be upon arrival. Once in
Taiwan, they were kept isolated, their passports were held, and they
were threatened with violence if they did not cooperate. Small numbers
of young Malaysian women, primarily ethnic Chinese, were trafficked to
Taiwan for sexual exploitation. Burmese also were trafficked to Taiwan.
The authorities, academic experts, and NGO experts claimed that the
number of trafficking victims has decreased significantly in recent
years. The authorities reportedly prosecuted eight trafficking cases
during 2000.
Taiwan remained a significant transit point for persons from
mainland China attempting to travel illegally to the United States and
other countries. Some of these illegal migrants became trafficking
victims in the destination countries. In 1999 the LY enacted
legislation which criminalized alien smuggling (see Section 2.d.).
Police were trained in handling trafficking, prostitution, and
cases of domestic violence. The Government worked with NGOs to provide
counseling and medical assistance to victims as needed. Foreign victims
of trafficking were repatriated as quickly as possible.
__________
EAST TIMOR
East Timor became a fully independent republic on May 20, following
approximately 2 and a half years under the authority of the U.N.
Transitional Administration in East Timor (UNTAET). The country has a
parliamentary form of government with its first parliament formed from
the 88-member Constituent Assembly chosen in free and fair, U.N-
supervised elections in August 2001. The 29-member Cabinet is dominated
by the Fretilin Party, which won the majority of Assembly seats. Mari
Alkatiri, Fretilin's Secretary General, is Prime Minister and Head of
government and Xanana Gusmao, elected in free and fair elections on
April 14, is President and Head of State. UNTAET's mandate ended with
independence but a successor organization, the U.N. Mission for the
Support of East Timor (UNMISET), was established. Under the
Constitution ratified in March ``laws and regulations in force continue
to be applicable to all matters except to the extent that they are
inconsistent with the Constitution''; and Indonesian and UNTAET laws
and regulations continue to be in effect. Regulations providing for an
independent judiciary generally were respected during the year;
however, the independence of the judiciary occasionally has been
questioned.
UNMISET maintains responsibility and command of the U.N. Peace
Keeping Force (UN-PKF) and the U.N. Police Forces (UNPOL). In addition
to providing interim law enforcement and public security, UNMISET is
assisting in the development of the East Timor Police Service (ETPS),
which will assume responsibility for internal law and order. The East
Timor Defense Force (ETDF) will gradually take over responsibility for
external defense from UN-PKF. The UN-PKF continued to reduce its
presence during the year. UNMISET's mandate is scheduled to be phased
out completely by June 2004. The ETPS is responsible to the civilian
Minister of Internal Administration, and the ETDF is responsible to the
civilian Secretary of State for Defense. Some individual members of the
ETPS committed some human rights abuses.
East Timor is an extremely poor country, with two-thirds to three-
fourths of the population of 775,000 persons engaged in subsistence
agriculture. Per capita gross domestic product was estimated to be
approximately $460. An estimated 70 to 80 percent of the country's
infrastructure was damaged severely by the systematic scorched-earth
campaign that Indonesian military and militia forces conducted in
September 1999, as they withdrew. During the year, reconstruction
proceeded slowly. The majority of the population has basic shelter and
sufficient food supplies. Low-level commercial activity resumed; much
of it served the large foreign presence. The rural agricultural economy
has recovered significantly, but the country remained dependent on
imported food. Coffee remained the territory's only significant export,
but falling world prices hindered export earnings. In July 2001, the
country concluded an agreement with Australia to share revenue from the
potentially lucrative Timor Gap oil and gas region, from which
significant revenues are predicted to begin in 2004. Property ownership
disputes and the lack of a comprehensive commercial code hindered
investment and related long-term development. Urban unemployment and
wage and price inflation remained significant problems. Most observers
believed that East Timor would remain heavily dependent on foreign
assistance for the next several years.
Both UNTAET and the new government generally respected the human
rights of citizens. The arrival of international forces and withdrawal
of Indonesian forces in September 1999 largely brought to an end the
decades-long pattern of numerous, serious human rights abuses by
Indonesian authorities and Indonesia-backed East Timorese militias;
however, many serious problems remained. In 2001 militias based in West
Timor, Indonesia, some backed by elements of the Indonesian government,
at times crossed into East Timor and threatened, robbed, attacked, and
occasionally killed local villagers. There were no such attacks during
the year, although there were reports of cross-border infiltration
throughout the year. On December 4, two persons were killed in violent
rioting in Dili; ETPS personnel were believed responsible for at least
one of the killings. There was a problem with prolonged pretrial
detention and the vast majority of the prison population is composed of
pretrial detainees. On occasion the independence of the judiciary was
questioned, and judicial system resources were inadequate. There has
been no sitting appeals court since November 2001. By year's end, over
222,000 refugees had returned to East Timor from West Timor and other
areas of Indonesia, but many others remained in West Timor. It was not
clear how many of these persons wished to return but felt unable to do
so either because of fear of reprisals from militias in West Timor or
because of instances of attacks and harassment of returning refugees
suspected of being former militia members. Domestic violence against
women was a significant problem, and customary practices discriminate
against women. The educational infrastructure, while significantly
improved since September 1999, suffered from inadequate facilities,
poorly trained teachers, and lacked educational materials. Protestants
and Muslims occasionally were harassed. Ethnic-Chinese businessmen
faced some extortion and harassment, and non-Portuguese speakers
reported discrimination in government hiring. Local leaders sometimes
forced suspected militia members returning from West Timor, Indonesia,
to engage in compulsory labor. East Timor was invited by the Community
of Democracies' (CD) Convening Group to attend the November 2002 second
CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.
During the year, significant efforts were made to bring to justice
those persons responsible for the most serious abuses committed during
1999. UNMISET includes a Serious Crimes Investigation Unit (SCIU),
which issued 46 indictments against 141 accused perpetrators, 129 of
whom are charged with crimes against humanity. A judicial body, the
Serious Crimes Panel, tried and convicted 26 of these persons and
acquitted 2. The SCIU also issued 12 arrest warrants for Indonesian
military officers and submitted these arrest warrants to the Indonesian
government. By year's end, the Indonesian government had not responded
formally. In Jakarta the Indonesian government's East Timor Ad Hoc
Tribunal on Human Rights saw prosecutors present weak cases. During the
year, the Tribunal completed 12 of 18 trials and convicted 3 defendants
of crimes against humanity--2 East Timorese and 1 Indonesian--while
acquitting 12 Indonesian defendants. The Tribunal's performance
disappointed international observers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings during the year; police killed a
protester in clashes in Baucau on November 23 (see Section 1.c.). On
December 4, during clashes between rioters and security forces in Dili,
2 persons were killed and 15 injured. It had not been established that
the dead and injured were shot by security force personnel, but the
ETPS personnel were believed to have committed at least one of the
killings, and credible sources reported that the security forces used
excessive force (see Section 2.b.).
In July 2001, UN-PKF forces based in East Timor shot and killed an
Indonesian soldier dressed in civilian attire in West Timor after he
reportedly fired across the border.
In March 2000, militia members reportedly killed a villager near
Maliana. By year's end, this case remained under investigation, and no
charges had been filed.
In July 2000, near Suai, approximately eight militia members shot
and killed New Zealand U.N. peacekeeper Private Leonard William Manning
and mutilated his corpse. In November 2001, the leader of the group,
Jacobus Bere, was put on trial in Jakarta, Indonesia, for first- and
second-degree murder following a joint government of Indonesia-UNTAET
investigation. Indonesian prosecutors also indicted three of the five
militia members involved. Yohanes Timo and Gabriel Hale Noni were
charged with premeditated murder, a charge carrying the death penalty.
Fabianus Ulu faced up to 15 years in jail if convicted on the lesser
charge of homicide. On March 7, the Indonesian court sentenced Bere to
6 years' imprisonment and acquitted the other three accused.
In August 2000, militia members killed Nepalese U.N. peacekeeper
Private Devi Ram Jaisi and wounded four other persons. By year's end,
UNTAET and the Government of Indonesia had been unable to capture the
suspects in this incident.
Elements of the Indonesian security forces (TNI) and prointegration
(with Indonesia) East Timorese militias, armed and largely supported by
the TNI, were responsible for numerous killings in East Timor
throughout 1999, especially after the August 1999 consultation vote
resulted in an overwhelming majority for independence. Since 2000
UNTAET and the East Timor government have made efforts to bring to
justice those persons responsible for the most serious abuses. In 2000
UNTAET established a Serious Crimes Investigation Unit to address the
most recent and serious cases (see Section 1.e.). In April 2000, UNTAET
concluded a memorandum of understanding with the Government of
Indonesia regarding legal, judicial, and human rights cooperation. In
December 2000, UNTAET filed indictments against persons suspected of
committing war crimes and related atrocities in 1999. The Indonesian
government (Attorney General's Office) did not take a position or
respond formally. Of the 141 persons indicted by UNTAET, 84 reportedly
were at large in Indonesia.
During 2000 UNTAET provided considerable assistance to Indonesian
authorities investigating the atrocities committed in East Timor during
1999. In Indonesia the Commission for Investigation of Violations of
Human Rights in East Timor (KPP-HAM) submitted its report on human
rights violations in East Timor to the Indonesian Attorney General's
office in January 2000. The report built on an earlier interim report
that held Indonesian security forces responsible for the destruction
and violence that followed the East Timor consultation vote in August
1999. The KPP-HAM members recommended the investigation of more than 30
persons, including the commander of the security forces General
Wiranto, former Indonesian armed forces intelligence chief Zacky Anwar
Makarim, and other high-ranking TNI and police officers. The Indonesian
Attorney General announced that his office initially would prosecute
five major cases arising from the 1999 violence: The April 1999
massacre in Liquica, in which at least 25 persons died; the April 1999
killings at proindependence activist Manuel Carrascalao's home in Dili,
in which at least 15 persons died; the September 1999 attack on the
compound of the Catholic Diocese in Dili; the September 1999 massacre
of at least 3 priests, and 160 other civilians at a church in Suai; and
the September 1999 killing of Dutch journalist Sander Thoenes. In
September and October 2000, the Indonesian Attorney General's office
named a total of 23 suspects in the cases (1 of whom was killed by
fellow militia members in September 2000). In February the Government
of Indonesia convened the Ad Hoc Human Rights Tribunal for East Timor
to try persons who committed atrocities during April and September 1999
in Liquica, Dili, and Suai. On August 14 and 15, the Tribunal handed
down its first verdicts, acquitting six of seven defendants. Former
Governor Abilio Soares was convicted and given a 3-year prison term. On
November 27, one of the most notorious militia leaders, Eurico
Guterres, was convicted of ``murder and persecution'' and given a 10-
year sentence. On December 27, the Tribunal convicted Lieutenant
Colonel Sujarwo, who had commanded the Dili military district, and
sentenced him 5 years. The Indonesian government prosecutors in these
cases did not fully use the resources and evidence available to them
from the United Nations and elsewhere. The Tribunal's performance
disappointed international observers.
During 2000 there were reports that returning refugees alleged to
have militia links were killed. In January and February 2000, two men
were killed in Ermera district. In April 2000, Gabriel Alves, a
suspected militia member, was beaten and kicked to death in Ulmera,
Liquica. A suspect was arrested in 2000, but was released pending
trial. By year's end, no trial date had been set.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
There were numerous reports of abductions and disappearances
following the flight and forced relocation of more than 250,000
civilians in September 1999. In addition, dozens of prisoners,
including political prisoners, previously held in Becora prison in Dili
reportedly were taken to West Timor in September 1999. By the end of
2000, nongovernmental organizations (NGOs) had determined the
whereabouts of the vast majority of the former prisoners. Some
returned, while others remained in West Timor.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution provides that all persons undertaking
public duties or holding public office shall observe internationally
recognized human rights standards, as reflected in the U.N. Convention
Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, and security force and other government and U.N. personnel
observed these regulations in practice.
On November 18, in Baucau a police officer and his attacker were
both seriously injured and a police pistol was stolen. Subsequently, on
November 23, the house of the person who had allegedly stolen the
pistol was burned, and this was followed by an attack on Baucau police
headquarters. Protesters allegedly bombarded the police station and
vehicles with rocks, and one of the protesters was reported to be
carrying a firearm. Police responded by firing several hundred rounds,
reportedly mainly into the air. One protester was critically injured,
apparently by a gunshot wound, and subsequently died. Community
residents alleged that ETPS personnel threatened, intimidated, and
assaulted them in course of searching for suspects and gathering
information. At year's end, UNPOL and a U.N. Human Rights Unit were
investigating.
During clashes in Dili between rioters and security forces on
December 4, 2 persons were killed and 15 injured; ETPS personnel were
believed responsible for at least one of the killings. Credible sources
reported that the security forces used excessive force (see Section
2.b.).
There were isolated cases of local residents mistreating returning
refugees who were suspected of being former militia members or militia
sympathizers. In past years, such mistreatment occasionally took the
form of interrogation, stoning, beating, and forced labor (see Section
6.c.). In 1999 and 2000, local UNTAET and U.N. police officials often
permitted irregular security groups to screen returnees to determine if
they had been associated with militias or Indonesian intelligence or
had committed abuses. This screening usually occurred once the
returnees had arrived back in their home areas. Returnees who were
suspected of having committed abuses in some instances were beaten
during these sessions, at times severely. For example, in early
February 2000, an interrogation team beat and stabbed an alleged
militia member in Liquica. However, most returning refugees were
reintegrated without significant problems (see Section 2.d.).
In 1999 TNI-supported militia groups perpetrated numerous acts of
rape and sexual abuse against displaced East Timorese women, in
addition to the widely reported rapes of women whom one of the militia
groups kept as sex slaves in their Dili headquarters (see Section 5).
In 2000 a Dili court indicted one militia member on a rape charge
stemming from the September 1999 violence in Suai; however, the case
had not been prosecuted by year's end. An SCIU (see Section 1.e.)
special team established to address sexual violence continued to
investigate numerous other rape cases. Numerous cases of alleged rapes
in previous years by Indonesian soldiers and civilian personnel
remained unresolved.
Prison conditions generally met international standards. A separate
juvenile block at the Becora prison was finished and used to house
juvenile prisoners. There were no separate juvenile facilities at the
Gleno or Baucau prisons. Two juveniles were incarcerated at Gleno.
Female prisoners have segregated housing in Gleno, but shared housing
with juveniles in Becora until transferred to Gleno. There were two
full-time social workers to deal with juveniles, women, the elderly,
and mentally ill inmates.
The Government permitted prison visits by independent human rights
observers.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and government regulations
require a hearing within 72 hours of arrest to review the lawfulness of
the arrest and detention, and provide the right to a trial without
undue delay.
Pretrial detention is allowed only for crimes carrying a sentence
greater than 1 year. In principle a judge must review pretrial
detention every 30 days; however, in practice limited resources
hindered this review, and many persons remained in pretrial detention
longer than stipulated. The maximum pretrial detention period is not to
exceed 6 months for suspects who are charged with crimes carrying a
sentence of 5 years or less. In the case of a suspect who is charged
with a crime carrying a sentence of more than 5 years, a court panel
may extend the pretrial detention for an additional 3 months. For
crimes with a sentence of over 10 years, a court panel may order
additional pretrial detention beyond 9 months. Upon the expiration of
the maximum detention period, a judge may order the release of a
detainee. During the year, approximately 25 percent of all detainees
were overdue for review of their pretrial detention. At year's end,
two-thirds of the total prison population were pretrial detainees. Of
the pretrial detainees, three-quarters were charged with murder,
manslaughter, rape, or other violent crimes that carried sentences
greater than 10 years. The Government's general policy was to keep the
prison population as low as possible. Consistent with this approach,
many detainees were released on bail upon review; however, charges
against them were not dropped, and their legal status was uncertain.
Some detainees were in pretrial detention for periods longer than the
maximum sentences for the crimes with which they had been charged. The
number of pretrial detainees for serious and ordinary crimes had
increased from the previous year.
The Constitution prohibits forced exile, and the Government did not
use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary. The Court Law provides that judges shall perform
their duties ``independently and impartially'' without ``improper
influence.'' UNTAET regulations, still in force, established a
Prosecution Law that requires that all public prosecutors discharge
their duties impartially. These regulations generally were respected
during the year; however, the independence of the judiciary
occasionally was questioned. In September 2000, the Dili District Court
ordered the arrest of a Japanese reporter for ``offending the dignity''
of National Council of Resistance President Xanana Gusmao--a crime
under the Indonesian Criminal Law Code that the East Timor courts
continued to use during 2000, despite Indonesia's revocation of the
law. The reporter later was released, and UNTAET subsequently revoked
the Indonesian statute used in the case.
The civil law court system includes four district courts and one
national Court of Appeal in Dili. In June 2000, UNTAET established a
public prosecutor's office. The Ministry of Justice is responsible for
administration of the courts and prisons and provides defense
representation as well. The Prosecutor General is responsible for
initiating indictments and prosecutions. The Government continued to
make progress in creating a legal basis for the justice sector, but
faced serious challenges in recruiting and training qualified judges,
prosecutors, and defense lawyers. The judiciary's shortage of
personnel, bureaucratic and managerial inefficiency, failure to appoint
a council of magistrates, and a past insistence on Portuguese-language
ability for international judges all contributed to the Government's
inability to process criminal cases against most detained suspects
within a reasonable time (see Section 1.d.). Due to the lack of
judicial and legal personnel, only two district courts were fully
functional. The Appeals Court did not function during the year.
In March 2000, UNTAET established a special Serious Crimes Panel
within the Dili District Court to serve as a de facto international
tribunal to prosecute those Indonesian and pro-Indonesian East Timorese
persons responsible for the mass killings in 1999 and other serious
human rights abuses. However, insufficient funding and staffing of the
UNTAET SCIU limited its ability to investigate the 10 priority
incidents related to the 1999 atrocities. In an effort to overcome
these difficulties, the SCIU was reorganized in December 2001 and
additional resources were allocated. However, insufficient staff and
funding continued to slow prosecutions. During the year, there was only
one functioning Special Panel to hear serious crime cases. By year's
end, the Prosecutor General in Dili had filed 46 indictments against
141 accused militia members for serious crimes, 129 of whom were
accused of crimes against humanity.
The Crimes Panel, which consists of two foreign judges and one East
Timorese judge, has exclusive and ``universal'' jurisdiction to
adjudicate cases of genocide, war crimes, crimes against humanity,
murder, sexual offense, and torture that occurred between January 1 and
October 25, 1999. In June 2000, UNTAET created a corresponding Serious
Crimes Prosecution Division under the Prosecutor General, which
includes an internationally staffed Serious Crimes Investigation and
Prosecution Unit. UNTAET adopted international definitions of genocide,
war crimes, crimes against humanity, torture, and command
responsibility into a criminal code for the Serious Crimes Panel, and
in December 2000 filed the first indictments against Indonesian and
pro-Indonesia East Timorese suspects. UNTAET requested assistance from
the Government of Indonesia in extraditing identified suspects at large
in Indonesia; however, the Government of Indonesia refused to extradite
suspects to East Timor or to allow UNTAET investigators to question
suspects in Indonesia. Nonetheless the Serious Crimes Panel proceeded
with its work, and at year's end 24 cases were at various stages in
their proceedings before the Panel.
The Constitution makes Portuguese and Tetum the official languages,
although only a minority of the population speaks Portuguese. Many laws
have been promulgated in Portuguese, and Portuguese was the primary
language in which judicial proceedings were conducted. Many judges,
prosecutors, defense counsels, and defendants were unable to read the
new laws being promulgated by Parliament. The Government provided
Portuguese language lessons for public officials including judges and
prosecutors, and regulations provide for interpretation of judicial
proceedings into languages understood by the parties. However,
translation and interpretation facilities were not able to meet the
needs of the judiciary.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution and government
regulations provide for the freedom of speech and press as stipulated
in the U.N. International Covenant on Civil and Political Rights, and
the Government generally respected these rights in practice.
There are two daily newspapers, two weeklies, and several bulletin
newspapers that appear sporadically. Their editorials freely criticize
the Government and other political entities.
The Government assumed responsibility for a radio and a television
station formerly operated by UNTAET, and in May the Constituent
Assembly passed legislation creating a Public Broadcast Service. At
year's end, the Service was still being organized. The Government radio
service was available throughout the country. Broadcast television was
available only in Dili. In addition to the Government-operated station,
there were six nongovernment radio stations, three in districts outside
Dili. Additionally, small community radio stations were being
organized.
While insufficient resources constrained development of print and
broadcast media, there are no political or legal impediments to new
entries to the media market.
In November UNMISET issued indictments against two Indonesian army
officers for the September 1999 killing of Dutch journalist Sander
Thoenes in Dili. A spokesman for the Indonesian Attorney General's
office was quoted as saying that Indonesia would not send the two
officers to East Timor to stand trial. In September 2000, the U.N.
announced it was investigating the October 1975 murders of five
Australia-based journalists in East Timor; the investigation continued
at year's end.
There were no legal or administrative restrictions on Internet
access.
The Government did not restrict academic freedom. The University of
East Timor, whose facilities were destroyed in September 1999, reopened
in a new location in November 2000. Several private, post secondary,
educational institutions opened during the year.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provide for the freedoms of assembly and association as stipulated in
the U.N. International Covenant on Civil and Political Rights, and the
Government generally respected these rights in practice. Many peaceful
demonstrations occurred throughout the year. Most centered on
complaints over allocation of jobs, salaries, severance pay issues, and
admission of students to the university.
On December 4, what began as a student demonstration in Dili
degenerated into violence that left 2 persons dead and 15 injured. The
police fired warning shots, and there were unconfirmed reports that
shots were fired from the crowd. The police were believed to have
committed at least one of the killings and wounded those injured. After
the shooting, the crowd set fire to several buildings including a house
owned by the Prime Minister's family, and a supermarket; an automobile
in front of the Dili mosque was burned and many windows in the mosque
were broken. At year's end, investigations into the disturbances and
the police response were underway. Both U.N. and government officials
said that they would provide police additional training in human rights
and in appropriate crowd control techniques.
The Constitution recognizes the right to form opposition political
parties and the right to be informed regularly and directly on issues
of public interest. Although the Government generally respected these
rights, opposition parties complained that the ruling Fretilin excluded
members of other parties from positions in the executive branch of
government including positions which, under the applicable regulations,
should have been selected on merit without regard to political
affiliation.
c. Freedom of Religion.--The Constitution provides for freedom of
religion. More than 90 percent of the population is Roman Catholic, and
Protestant churches previously were identified with the Indonesian
military and with pro-Indonesia East Timorese. Accusations that
Protestant clergymen were linked to pro-Indonesia East Timorese
militias sometimes led to harassment of church members; however, there
were no reports of such harassment during the year.
The Muslim community consists of ethnic East Timorese, longtime
residents of Arab descent, and ethnic Malay migrants from other parts
of Indonesia who have lived in East Timor for many years. The former
groups were well integrated into East Timorese society, but the latter
group experienced some harassment. On December 4, an automobile in
front of the Dili mosque, which was inhabited by ethnic Malay Muslim
migrants who initially fled from East Timor during the violent period
in September of 1999, was burned and windows in the mosque were broken
(see Section 2.b.).
Although some of the participants in the wide-ranging December 4
violence were arrested, there were no arrests in most cases related to
attacks on churches or mosques, largely because of insufficient
resources (see Sections 1.c. and 1.e.).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
During the year, the Indonesian government restricted the freedom
of movement of residents of the Oecussi enclave, physically separated
from the rest of the country by Indonesian territory. Restored ferry
service between Oecussi and Dili and between Atauro Island and Dili
provided greater freedom of movement; however, the land route through
Indonesia remained difficult due to security concerns and bureaucratic
roadblocks.
Violent activities by pro-Indonesian militias in 2000 and 2001
forced thousands of villagers to abandon their homes temporarily.
During the year, the Government worked closely with the U.N. High
Commissioner for Refugees (UNHCR) and the International Organization
for Migration (IOM) to provide for the repatriation of refugees from
West Timor, including provision of transportation, shelter, and food.
Almost 225,000 of the approximately 250,000 former residents who fled,
or whom pro-Indonesia militia removed forcibly to West Timor and
elsewhere in September 1999, returned to the country. During the year,
the Government of Indonesia announced that it would end aid to the
refugee camps in West Timor and revoke refugee status for the
individuals remaining. In practice it did stop providing repatriation
assistance but did not revoke refugee status. It was not clear how many
of these persons wished to return to East Timor but felt unable to do
so either because of fear of reprisals from militias in West Timor or
because of instances of attacks and harassment of returning refugees
suspected of being former militia members.
At year's end, it was not clear whether the Government had formally
acceded to the 1951 U.N. Convention Relating to the Status of Refugees
and its 1967 Protocol; Parliament reportedly had given its advice and
consent. During the year, the granting of asylee and refugee status
took place on a case-by-case basis. On July 28, a small boat with 56
Sri Lankans requested assistance. A UNHCR official persuaded them to
disembark temporarily and interviewed them. All voluntarily returned to
Sri Lanka. The Government appeared inclined to deal with refugee and
asylee requests in accordance with international standards.
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. On May 20, Xanana
Gusmao was inaugurated as the first President, and, in accordance with
the Constitution, the members of the Constituent Assembly were sworn in
as the first National Parliament. The 88-member Assembly, elected in
August 2001, was charged with writing a constitution, which was
completed in March and came into effect with independence. Some
observers criticized the provision that saw the Constituent Assembly
automatically become the Parliament, and that there is a 5-year gap
until the next election.
With independence, UNTAET's mandate expired, and it was succeeded
by UNMISET. UNMISET maintains responsibility and command of the U.N.
Peace Keeping Force and the U.N. Police Forces. The UN-PKF remains
responsible for external defense, and UNPOL remains responsible for
civil policing in cooperation with the ETPS.
The 29-member Cabinet, consisting of Ministers, Vice Ministers, and
Secretaries, is dominated by members of Fretilin, the party that won
the majority of seats in the Constituent Assembly.
Under the Constitution ratified in March, ``laws and regulations in
force continue to be applicable to all matters except to the extent
that they are inconsistent with the Constitution''; and Indonesian and
UNTAET laws and regulations continue to be in effect.
Both the Government and UNTAET made significant efforts to include
women in appointed political bodies. There are 24 women in the 88-seat
Assembly. The Minister of Justice, the Minister of Finance, and three
vice ministers are women.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. There are no
restrictions on the right of persons to form NGOs, and numerous NGOs
were established over the last 3 years, devoted to a wide variety of
issues.
The Government actively promoted investigation of human rights
abuses. In October 1999, the U.N. Human Rights Commission appointed the
International Commission of Inquiry on East Timor (ICIET), which issued
a report in January 2000 that made several recommendations, including
the establishment of an international tribunal to prosecute those
responsible for the mass abuses associated with the events of 1999.
UNTAET facilitated visits to East Timor of members of the KPP-HAM (see
Section 1.a.). Within UNMISET there is a Human Rights Unit and an SCIU
to investigate past human rights violations and to bring the
perpetrators of past abuses to justice. Nevertheless, resource
constraints as well as bureaucratic and organizational difficulties
within the judiciary hampered progress (see Section 1.e.).
Dissatisfaction with Indonesia's Ad Hoc Tribunal on East Timor led to
discussion of formation of an international truth and justice
commission.
In May 2001, an NGO known as the Judicial System Monitoring Program
(JSMP) was established. The JSMP monitored the serious crimes trials,
provided legal analysis, and disseminated information regarding the
judicial system.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Government regulations prohibit all forms of discrimination.
Nonetheless violence against women was a problem, as was discrimination
against women and ethnic minorities.
Women.--Domestic violence against women was a significant problem.
In December 2001, then-chief minister Mari Alkatiri expressed concern
over mounting domestic violence against women, stating that ``cases of
domestic olence are increasing'' and that many ``consider the beating
of women to be a private affair.'' Reports of domestic violence
increased during the year; however, this may indicate more willingness
to turn to the police rather than an actual increase in incidence of
such violence.
Rape is a punishable offense, as specified by Indonesian law. As of
September, 95 cases of rape or attempted rape had been reported to the
police, but few of these cases have resulted in prosecutions. Women's
groups were concerned that the authorities were encouraging women to
resolve rape and domestic violence cases through traditional practices,
which usually provide only for compensation to be paid to the victim.
In such cases, the perpetrator is not held accountable under criminal
laws, and the punishment falls short of international standards. UNTAET
attempted to address this issue by establishing a Vulnerable Persons
Unit to address cases of violence against women and other vulnerable
groups.
On September 12, the Special Panel for Serious Crimes sentenced
Francisco Soares, an East Timorese who served in the Indonesian
military and as a pro-Indonesian militia leader, to 4 years'
imprisonment for raping a woman in Dili in September 1999. This was the
only rape conviction by the Serious Crimes Panel.
It was alleged that TNI-backed militias raped numerous women during
the September 1999 violence in East Timor and kept many as sex slaves
(see Section 1.c.). Kirsty Sword Gusmao, the wife of President Xanana
Gusmao, reported to the international press in November 2000 that 33
pregnant East Timorese women returned to East Timor and said that they
had been abducted and forced to serve as sex slaves for the TNI in West
Timor, Indonesia.
Government regulations prohibit persons from organizing
prostitution; however, prostitution itself is not illegal. The
Government has deported some alleged prostitutes on the grounds that
they violated the terms of their visas.
Customary practices discriminate against women. For example, in
some regions or villages where traditional practices hold sway, women
may not inherit or own property. UNTAET regulations implemented the
U.N. Convention on the Elimination of All Forms of Discrimination
Against Women and during the year the country ratified the Convention;
however, discrimination complaints were not a priority, and no cases
were reported. UNTAET created a Gender Affairs Unit, and this unit
continued under the Government as the Office for the Promotion of
Equality within the Prime Minister's office. The unit provided training
to women entering public service and attempted to ensure women have a
voice in the new government and civil society structures.
There were no reports of gender-based employment discrimination
during the year; however, women usually deferred to men when job
opportunities arose at the village level.
The East Timorese Women's Forum offered some assistance to women
who have been victims of violence and established a women's and
children's shelter for victims of domestic violence and incest. East
Timor Women against Violence is a human rights NGO that advocates on
behalf of women.
Children.--The Constitution makes primary education compulsory and
free; however, many schools assessed fees to pay for materials or
infrastructure needs. Many families cannot afford these fees, which
limited the number of children a family will send to school. UNTAET and
international donors rebuilt and replaced the educational
infrastructure destroyed by the Indonesian military and pro-Indonesia
militias in September 1999, and the majority of children returned to
school after having fled their villages during the 1999 violence.
Shortages of schools and educational materials remained a problem at
year's end. In the past, UNTAET coordinated widespread inoculation
programs and provided free medical care in some areas of the country;
however, these programs were largely inactive during the year.
Over 2,000 children were separated from their parents during the
forced exodus to West Timor in 1999, and the UNHCR stated that
approximately 1,500 remained separated from their parents. Of these,
431 were in the country, 635 were in West Timor, 380 were in other
parts of Indonesia, and the whereabouts of 18 were unknown. An
estimated 170 children were taken from the camps in West Timor in 1999
and 2000 to orphanages in Java. Eight of these children were reunited
with their families in 2001, 13 were reunited during the year, and
approximately 150 remained in the Java orphanages.
Persons with Disabilities.--Although the Constitution protects the
rights of the disabled, the Government has not enacted legislation or
otherwise mandated a provision of accessibility to buildings for
persons with disabilities, nor does the law prohibit discrimination
against persons with disabilities. Nonetheless there were no reports of
discrimination against persons with disabilities in employment, in
education, or in the provision of other state services. There was only
one school for children with disabilities (in Dili) and its capacity is
only one-third of pre-1999 enrollment. Difficult access to school in
many districts resulted in many children with disabilities not
attending school. Training and vocational initiatives did not give
attention to the needs of persons with disabilities.
National/Racial/Ethnic Minorities.--Ethnic Chinese (who make up
less than 1 percent of the population) and ethnic-Malay Muslims
sometimes have been subjected to harassment. Tensions between different
language groups also were a problem. Many non-Portuguese speakers
claimed that they were discriminated against in filling political and
civil service positions.
Section 6. Worker Rights
a. The Right of Association.--During the year, the Government
implemented a Labor Code based on the International Labor Organizations
standards. The law permits workers to form and join worker
organizations without prior authorization. Unions may draft their own
constitutions and rules and elect their representatives; however,
attempts to organize workers generally have been slowed by inexperience
and a lack of organizational skills, as well as by the fact that the
Government has not yet appointed a person to head the Office of the
Registrar of Trade Unions and Employer Organizations. Trade Unions and
employer organizations cannot be registered officially. Labor
organizations included the Socialist Workers Union, the Trade Union
Confederation, Oxfam Workers Union as well as a teachers' union and a
nurses' union. Roughly two-thirds to three-quarters of the country's
work force is engaged in subsistence agriculture.
There are no restrictions that would prevent unions from forming or
joining federations or from affiliating with international bodies.
b. The Right to Organize and Bargain Collectively.--While
collective bargaining is permitted, workers in East Timor generally had
little experience negotiating contracts, promoting worker rights, or
engaging in collective bargaining and negotiations.
Dissatisfied workers or disappointed job applicants frequently
resorted to strikes, demonstrations, and sometimes destruction of
property. Disputes usually centered on demands for higher salaries or
severance pay for jobs in which short-term contracts have expired. Many
of these disputes were resolved through the arbitration of local NGOs
or the Secretariat of Labor and Solidarity.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--Government regulation
prohibit forced labor including by children; however, in the past,
local leaders required a number of returnees accused of involvement in
the post-September 1999 destruction to engage in compulsory labor as a
means of punishing them for their alleged offenses (see Section 1.c.).
Examples of such compulsory labor included repairing damaged structures
and community service in villages. The Government tolerated this
practice. More recently the imposition of compulsory labor gave way to
a ``reception, truth, and reconciliation'' process in which returning
ex-militia members agreed to perform community service as a form of
reparation for offenses they committed.
Forced or bonded labor by children was not known to occur.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code largely prohibits children under the age of
18 from working; however, there were circumstances under which children
between the ages of 15 to 18 can work, and there were even exceptional
exemptions for children under 15. The minimum age did not apply to
family-owned businesses, and numerous children work in the agricultural
sector. In practice enforcement of the Labor Code outside of Dili is
difficult.
e. Acceptable Conditions of Work.--An UNTAET directive provided for
a minimum wage for civil servants of $65 per month; however, the new
Labor Code does not stipulate a minimum wage. Employers used and
employees expect a minimum wage of $85 per month. The Code provides for
a maximum workweek and overtime, minimum standards of worker health and
safety, days off, and other standard benefits. In practice the
Government has not been able to enforce the Code effectively. The
Government has not yet established a national labor board, a labor
relations board, and a minimum wage board all of which are stipulated
in the Code. There are no restrictions on the rights of workers to file
complaints and seek redress. The Secretariat for Labor and Solidarity,
which is responsible for enforcing labor laws, tried to be responsive
to complaints and pressured local businesses to comply with labor
standards.
Workers have the right to remove themselves from hazardous
conditions without jeopardizing employment; however, it was not clear
that they could avail themselves of this right in practice.
f. Trafficking in Persons.--Applicable law prohibits trafficking in
women and children, whether for the purposes of prostitution or for
forced labor, and there were no reports of trafficking during the year.
__________
FIJI
Fiji is a constitutional republic with an elected President, Prime
Minister and Parliament. Ethnicity remained a dominant factor in the
country's politics, economy, and society. Following free and fair
elections in 2001, its political situation improved; however, concerns
remained about the composition of the Cabinet. The 1997 Constitution
requires that any party receiving more than 10 percent of the seats in
Parliament be given cabinet positions. However, when Prime Minister
Laisenia Qarase of the Duavata ni Lewenivanua (SDL) party formed a
government in late 2001, it excluded the Fiji Labor Party (FLP) led by
deposed Prime Minister Mahendra Chaudhry, although the FLP had won
substantially more than 10 percent of the parliamentary seats in the
2001 elections. The FLP took legal action against the Government, and
in March the Court of Appeal ruled in favor of the FLP; the Government
appealed the decision to the Supreme Court. The case was pending at
year's end. In February coup leader George Speight was sentenced to
death for his role in the armed takeover of Parliament in May 2000;
however, the sentence was commuted to life imprisonment. Two other
prominent members of the rebel group were still awaiting trial at
year's end. The military completed two of four courts martial and
convicted over 80 mutineers involved with the coup, including a number
of officers. The Constitution provides for an independent judiciary;
however, the judiciary at times was subject to political influence.
During the year, civilian authorities generally exercised effective
control of an unarmed civilian police force and the small Republic of
Fiji Military Forces (RFMF). There were no instances where security
forces acted independently of government authority. There were no
reports of human rights abuses by the RFMF. However, there were
occasional complaints of human rights abuses by the police.
The population of approximately 845,000 is multiracial and
multicultural, with indigenous Fijians making up 51 percent, Indo-
Fijians (descendents of immigrants from the Indian subcontinent) 42
percent, and Asians, Caucasians, and other Pacific Islanders making up
the rest. Indo-Fijian families dominated the business sector and
enjoyed higher average incomes; however, indigenous Fijians were the
majority in government ministries and the armed forces. One of the
Government's primary goals was an affirmative action program, or
``Blueprint,'' designed to aid indigenous Fijians in education and
business. Sugar and tourism accounted for more than half of foreign
exchange earnings. The inefficient sugar industry was hampered severely
by industrial disputes and an outmoded infrastructure; however, tourism
recovered during the year to approximately the levels it occupied
before the 2000 coup. Investment was depressed due to continuing
concerns over the resolution of land lease issues and the pending
Cabinet composition court case. The country's major trading partners,
Australia and New Zealand, lifted sanctions imposed after the 2000
coup. Skilled workers and professionals continued to emigrate in large
numbers, reflecting a shortage of economic opportunities.
The Government generally respected the human rights of its
citizens; however, its record remained poor in some areas.
Constitutional provisions maintain an ethnically based electoral
system, and a number of government policies on hiring, education, and
land tenure preferences provided protection for indigenous Fijian
interests in accordance with that Constitution. The ethnic divide
between the governing SDL (mainly composed of indigenous Fijians) and
the FLP (mainly composed of Indo-Fijians) remained a recognized
obstacle to long-term political stability. The Prime Minister
increasingly identified himself as the leader of all Fijians rather
than of a single ethnic group. Nonetheless, ethnic discrimination
remained a serious problem. On several occasions Members of Parliament
(M.P.s) made racist remarks against Indo-Fijians. Evictions of Indo-
Fijian tenant farmers by indigenous Fijian landowners occurred, often
with no government response. Occasional police abuse of detainees and
suspects occurred. Other human rights problems included restrictions on
freedom of assembly, violence and discrimination against women, and
some instances of abuse of children. Human rights advocates and others
asserted that the July appointment of Daniel Fatiaki as Chief Justice
of the Supreme Court was motivated by the Government's desire to delay
the Court's consideration of the case involving the composition of the
Cabinet. Fiji was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents during the year.
At year's end, the Government had not taken action in the 2001 case
of a soldier who fatally shot a farmer cultivating marijuana in the
course of a joint military-police drug operation, and no action
appeared likely.
The November 2000 mutiny at the Queen Elizabeth Barracks in Suva
caused 8 deaths, 3 of them loyalist soldiers, and approximately 24
other military casualties. Five mutineers were killed in the custody of
loyalist troops. Many of the mutineers were members of a special forces
unit involved with the May 2000 takeover of Parliament. On November 6,
15 members of this unit were convicted of mutiny, and several were also
convicted on lesser charges. The mutiny's leader was sentenced to life
imprisonment plus 15 years; other defendants received sentences ranging
from 18 months to 8 years in prison. Two defendants were still awaiting
trial at year's end. In January Amnesty International (AI) expressed
concern regarding the deaths in custody of the five mutineers, and
alleged efforts by the military to prevent police from interviewing and
prosecuting suspects in those deaths. By year's end, no legal or
disciplinary action had been taken against soldiers involved in the
deaths of the five mutineers.
In August 2000, President Ratu Josefa Iloilo granted immunity from
criminal prosecution or civil suits for members of the Disciplined
Forces (persons in active or discharged military positions who
participated in events while the Emergency Decree was in effect). This
announcement, issued under the Emergency Decree, would dismiss any
civil or criminal charges brought against a law enforcement officer or
soldier in connection with acts related to the May 2000 takeover of
Parliament or the November 2000 mutiny.
At year's end, the Government had not taken action against the
security officers who killed a prisoner during the prison disorder at
Naboro prison in July 2000, and none appeared likely.
b. Disappearance.--There were no reports of politically motivated
disappearances.
Following the November 2000 mutiny, a soldier was taken from his
home by security forces. His body was discovered a few days later (see
Section 1.a.). At year's end, no action had been taken in this case,
and none was considered likely.
c. Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution provides for freedom from torture and
cruel, inhumane, degrading, or disproportionately severe treatment or
punishment; however, there were some reports of abuses by police. In
November three Indo-Fijians complained that they were beaten and
subjected to racial slurs and extortion by police officers in civilian
clothes.
The Police Department's Internal Affairs Unit is required to
investigate complaints of police brutality. The law permits corporal
punishment as a penalty for criminal acts, but the courts seldom
invoked this provision. In response to public concern regarding police
brutality, the Human Rights Commission conducted training courses for
police field investigators, sergeants, and prison officers in 2001.
Corruption in the police force was a problem. Undertrained police
officers received only on-the-job instruction, which may have
contributed to the problem of corruption. During the year, the police
hired a large number of decommissioned military personnel as special
constables. Many had criminal records and had allegedly been involved
in robberies and other illegal activities. Police and immigration
officials faced serious corruption charges relating to the entry of
illegal Chinese immigrants into the country. Newspaper articles linked
prominent police figures to an organized crime figure from the People's
Republic of China (PRC); police were accused of providing protection,
forging documents, and destroying key files relating to criminal
activity.
During the year, the son of deposed Prime Minister Mahendra
Chaudhry filed suit against the 2000 coup leaders and several
government institutions, including the army, seeking damages for abuses
allegedly suffered while he was held hostage during the May 2000 armed
invasion of Parliament. He indicated that he had been assaulted on
several occasions and subjected to severe physical and mental cruelty.
Prison conditions did not meet international standards, and prison
conditions, particularly at Suva and Naboro Prisons, remained poor. The
prison system was seriously underfunded, with deteriorating
infrastructure and poor delivery of essential services including food
and sanitation. There were 883 prisoners in 18 prisons countrywide; the
combined capacity for all prisons was 1,002 persons. Men and women were
held separately; juveniles were held separately from adults; and
pretrial detainees were separated from convicted prisoners. The Fiji
Human Rights Commission delivered a report to the Government regarding
their concerns on conditions for inmates in solitary confinement.
The Government maintained a separate detention center on Nukulau
Island outside of Suva for convicted May 2000 coup leader George
Speight, and for two of his supporters who at year's end were still
awaiting trial for treason. Detainees were granted some freedom of
movement, including recreation, but facility access remained tightly
controlled. Family members and a few other visitors were permitted to
visit; however, the International Committee for the Red Cross (ICRC)
was denied access. The police continued to investigate Speight, his
supporters, and those who financed the attempted takeover of Parliament
in May 2000. At year's end, all but two of the others arrested in
connection with the events of May 2000 had been convicted of lesser
charges or released.
By year's end, no action had been taken against prison officials
involved in the death of 1 inmate and injuries to 15 others at the
Naboro prison in 2000 (see Section 1.a.).
Aside from the special regime for prisoners on Nukulau Island, the
Government permitted visits to prisons by church groups, family
members, and the Fiji Red Cross.
d. Arbitrary Arrest, Detention, or Exile.--The law provides that a
person may be arrested only if police believe that a criminal law has
been broken or is about to be broken. Arrested persons must be brought
before a court without ``undue delay.'' This requirement normally is
taken to mean within 24 hours, with 48 hours as the exception.
Detainees have the right to a judicial review of the grounds of their
arrest; nonetheless, incommunicado and arbitrary detention continued to
occur on occasion. In November three Indo-Fijians alleged that they
were beaten by police while attempting to report a theft (see Section
1.c.).
Family members and international nongovernmental organizations
(NGOs) questioned the lengthy detentions without charge of persons
allegedly involved in the November 2000 mutiny (see Section 1.a.).
The Constitution prohibits forced exile, and the Government did not
practice it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judiciary at times has been subject
to political influence.
Controversial Chief Justice Timoci Tuivaga retired in July and the
Government appointed Daniel Fatiaki, a High Court judge, to replace
him. Fatiaki was reportedly one of the judges who advised the President
to abolish the 1997 Constitution and issue emergency decrees, and the
media questioned the suitability of this appointment. A domestic human
rights group contended that the Government's motivation in appointing
Fatiaki was to delay a hearing on the Supreme Court case on the
composition of the Cabinet (see Section 3). 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. Expatriate judges are used in key cases. There are no special
courts; military courts try members of the armed forces. Magistrate
courts continued 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.
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
courts do not. Many rape and sexual assault cases were heard in the
magistrate courts; since magistrates are not authorized to impose
sentences longer than 5 years in prison, this resulted in light
sentences in most domestic or family law cases. The Legal Aid
Commission provided counsel to some indigent defendants, a service
supplemented by pro bono services from private attorneys. The right of
appeal existed but was hampered by delays in the judicial appeals
process. Bail was granted freely. The courts had a significant backlog
of cases, with processing slowed further by a shortage of prosecutors.
Some defendants faced lengthy pretrial detention. In October the
Parliament passed a new bail law, which allows persons in pretrial
detention for longer than 2 years to await their trials at home under
conditions set by the court.
The law sometimes treated women differently from men. In some
instances, there was a presumption of reduced competence and thus
reduced responsibility for women. For example, only women could 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 was presumed to have diminished mental capacity, and sentences
were reduced or suspended accordingly. A new Family Law Bill provoked
widespread debate during the year. Its provisions included giving
illegitimate children the same rights as legitimate children,
establishment of ``no fault'' divorce, and the establishment of a
family court. At year's end, the bill was undergoing public hearings.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Government generally respected the privacy of the
home. However, the Home Affairs Ministry, as well as the police and the
armed forces, have the power and capability to search persons and
property, access private financial records, and monitor mail and
telephones when a warrant is issued by the National Security Council.
Police checkpoints remained common; military checkpoints were not used
during the year. The Home Affairs Ministry conducted surveillance of
persons whom it believed represented a security threat.
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, the Government retained
controls instituted in July 2000 restricting the right to meet and
speak out on human rights and democracy. Civil society groups were
required to file a petition regarding proposed meetings: petitions were
treated on a case-by-case basis, and several prominent events have been
denied permits. These controls are reviewed every 21 days.
The Media Council's Complaints Committee, a private watchdog group
of media and academic figures, accepted complaints related to the media
and published its findings during the year. Most of the complaints
cited inappropriate media coverage, including invasions of privacy, and
there were no complaints regarding government pressure on or
interference with the media.
A variety of opinions, including criticism of the Government, were
heard in all major media outlets. Political figures and private
citizens could and did speak out regarding the country's political
situation and against the Government. Letters on editorial pages and
editorials that ran in the three English-language dailies frequently
contained political statements from a wide cross section of society
critical of the Government. However, the Public Order Act and other
laws prohibited actions that were likely to incite racial antagonisms.
Legislation pertaining to the press is contained in the Newspaper
Registration Act and the Press Correction Act. Under these acts, all
newspapers had to be registered with the Government before they could
publish. The acts gave the Minister of Information sole discretionary
power to order a newspaper to publish a ``correcting statement'' if, in
the Minister's view, a false or distorted article was published. Should
a newspaper refuse to publish the Minister's correction, it could be
sued in court and, if found guilty, fined approximately $500
(FJ$1,125). Individuals in such cases could be fined, imprisoned for 6
months, or both. These acts would authorize the Government to arrest
any person who published ``malicious'' material. This would include
anything the Government considered false information that could create
or foster public alarm or result in ``detriment'' to the public.
However, this authority has never been used.
The country's television news production was owned and operated by
Fiji One, one of only two national noncable television stations. A
trust operating on behalf of the provincial governments owned 51
percent of Fiji One; the other 49 percent was owned by private
individuals and interests. In October the Prime Minister stated
publicly that the market was too small for more than one television
station; however, a privately owned Christian station opened early in
the year. The Government owned the Fiji Broadcasting Corporation, which
operated four radio stations. There were several thriving independent
radio stations broadcasting in English, Fijian, and Hindi.
Under the Television Act, the Government is allowed to influence
programming content. The Government considered legislation requiring
Fijian-culture content programming; however, there was no attempt to
use the programming authority during the year.
In the past, government holdings in Fiji TV One and the Fiji Post
and Fiji Sun newspapers raised questions as to the complete
independence of the press. However, these and other media outlets
frequently criticized the Government during the year regarding
implementation of its affirmative action policies, ministerial
competence, alleged scandals, and racist remarks by M.P.s. Muted
criticism of the traditional chiefly system has also appeared, with
wide coverage of a PriceWaterhouse report on the system.
The Fiji News Council worked to improve journalistic standards,
safeguard media independence, and resolve complaints from the public.
The Fiji Islands Media Association, an affiliate of the Pacific Islands
News Association, also provided training opportunities for journalists
and established a media code of ethics.
The Government did not control or limit Internet access.
Academic freedom was generally respected; however, government work-
permit stipulations and University of the South Pacific contract
regulations effectively deterred most university employees from
participating in domestic politics. Many academics wrote for the media
and included disclaimers in their work to preclude contract or work
permit problems.
b. Freedom of Peaceful Assembly and Association.--The 1997
Constitution provides for the right to assemble for political purposes,
subject to restrictions in the interest of public order. In practice,
most applications for the required meeting permits were denied.
During the Asia Caribbean Pacific (ACP) meeting held in the country
in July, the Government refused permits to nongovernmental
organizations (NGOs), including the prodemocracy and human rights group
Citizens Constitutional Forum (CCF), for the purpose of staging
peaceful protests regarding unsettled political issues in the country.
The Prime Minister indicated that such protests were foreign to the
country and that they would undermine the success of the ACP meeting.
Only two permits for protest demonstrations have been granted since the
events of May 2000. The first was authorized in November, to a
government-supported group contesting the election of a Labor Party
candidate as mayor of Lautoka. The second authorized permit was granted
to the CCF for a demonstration in December.
The 1997 Constitution provides for freedom of association, and the
Government generally respected this provision in practice. Opposition
parties operated without government interference. Political
organizations operated and issued public statements.
c. Freedom of Religion.--The 1997 Constitution provides for freedom
of religion, and the Government generally respected this right in
practice. The Government did not restrict foreign clergy and missionary
activity or other typical religious activities. Religious groups were
not required to register. Religious differences are largely along
ethnic lines; most ethnic Fijians are Christians, and most Indo-Fijians
are Hindu, with a sizable minority of Muslims. The Government protected
the rights of all religious groups. However, junior Muslim civil
servants in the Revenue and Customs Authority were ordered to shave off
their beards, on the grounds that beards were not neat and gave an
unprofessional image to the organization. Some of these employees
requested a reversal of the order, but it remained in effect at year's
end. The major holidays of Christianity, Hinduism, and Islam were
celebrated nationally.
The role of religion was tied closely to existing racial
antagonisms and continued to be a political issue. Prominent figures in
the Methodist Church and allied political parties continued to advocate
the establishment of a Christian state. This statement received public
support from several M.P.s. The Church has displayed strong nationalist
sympathies; former Methodist Church General Secretary Tomasi Kanilagi
was appointed a senator in 2001. During the year, Senator Kanilagi made
several remarks perceived to be racially biased. Those parties
dominated by Indo-Fijians did not support the establishment of a
Christian state and insisted that church and state should remain
separate.
Religious leaders in the minority Muslim population continued to
request the establishment of separate Islamic courts for their
community; however, the issue was not prominent during the year. A
small Hindu temple suffered minor vandalism during the year; the
Government and others condemned the act.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government has broad powers to limit freedom of
movement in the interest of national security, and access to Nukulau
Island, site of a maximum-security detention center for persons charged
with treason, was restricted during the year.
Citizens are free to emigrate. The majority of emigrants have been
Indo-Fijians, although many ethnic Fijians have left the country as
well. The Government does not restrict the return of citizens.
Occasional detentions at the airport occurred, but the courts have
ordered redress where warranted.
An internally displaced persons camp near Lautoka was closed; it
had housed approximately 200 Indo-Fijians threatened by serious
violence after the May 2000 coup. Residents returned home or resettled
in Lautoka proper.
The law includes provisions for providing refugee and asylum status
in accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. The Government cooperated with the
office of the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees. In the past, the
Government 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 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 1997 Constitutional amendments reduced the ethnically based
factors that previously had abridged the right of citizens to change
their government. Under its provisions, the Prime Minister and the
President can be of any race. It established a 71-member lower house
with 25 seats open to any ethnicity and 46 seats allocated to different
ethnic communities. The unprecedented open seats were established by an
electoral commission and apportioned into districts of approximately
equal population. Of the 46 communal seats, 23 were allotted to
indigenous Fijians, 19 to Indo-Fijians, 3 to ``general voters'' (for
the most part Caucasians and East Asians), and 1 to the Rotumans (an
ethnically distinct Polynesian group). These allotments were roughly
proportional to the current ethnic composition of the country's
population. The amended Constitution also contained an alternate voting
system for elections to the lower house to replace the first-past-the-
post system of the previous constitution. The Senate remained an
appointed body, in which the President appoints 32 members, the Great
Council of Chiefs nominates 14 members, the Prime Minister nominates 9,
the opposition leader nominates 8, and the Council of Rotuma nominates
1 member. Several persons prominently and publicly involved in the 2000
coup were among the Prime Minister's Senate nominees.
In May 2000 the country's first Indo-Fijian Prime Minister,
Mahendra Chaudhry, was taken hostage, along with other members of
Parliament. Interim civilian authorities, backed by the military,
became a caretaker administration pending elections held between August
25 and September 1, 2001. Observers noted that the election process was
largely free and fair and reflected the will of the voters, despite
some technical problems with polling and ballot counting. Several court
challenges based on these irregularities were heard during the year,
resulting in the FPL gaining two seats in Parliament. Other challenges
were pending at year's end.
Prime Minister Laisenia Qarase's SDL party received the largest
number of seats in Parliament; Qarase was asked to form a government by
President Iloilo. However, despite a constitutional provision requiring
that any party which receives more than 10 percent of the seats in
Parliament be offered inclusion in the Cabinet, the Qarase government
excluded Mahendra Chaudhry's Fiji Labor Party (FLP). Chaudhry
subsequently took legal action against Qarase; due to the appointment
of a new Chief Justice in July and to dilatory tactics by the
Government, the case was not expected to be heard before mid-2003.
In February George Speight, leader of the May 2000 coup, was found
guilty of treason and sentenced to death; however, the sentence was
commuted to life imprisonment. Two other prominent members of the rebel
group pled not guilty to treason and still were awaiting trial at
year's end. The remaining persons charged in the case were found guilty
on lesser charges or were released. The police continued to investigate
Speight, his supporters, and those who financed the takeover of
Parliament in May 2000.
In addition to individuals charged with treason, the police have
investigated prominent citizens who allegedly were involved in the
takeover of Parliament. The reluctance of witnesses to provide
statements reportedly has hampered investigations. During the year,
there were renewed calls for action against persons implicated but not
charged in the May 2000 coup. The Fiji Law Society called for the
arraignment of the current Deputy Speaker of Parliament and former
rebel attorney general, Ratu Rakuita Vakalalabure, on treason charges.
On December 16, the FLP called for an indictment on treason charges of
Vice President Jope Seniloli, who had served as the president of the
rebel government. Encouraged by the successful prosecution of some of
the military members responsible for the November 2000 mutiny, the
public called for additional trials for those implicated in a separate,
abortive mutiny conspiracy in December.
In the 2001 elections, 30 ethnic Fijian women and 1 Indo-Fijian
woman ran for election to Parliament; 5 women were elected to the 71-
seat House of Representatives. Two women were appointed to the 32-
member Senate. After the election, four ethnic Fijian women were
appointed to the Cabinet (two as ministers and two as assistant
ministers) and another was appointed to fill a vacancy in Parliament.
Women also played important roles in the chiefly system and could be
chiefs in their own right. The wife of former President Ratu Mara is
one of the three highest-ranking chiefs.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The CCF challenged the validity of the interim administration in
court in 2001 but was deregistered as a nonprofit organization in early
February 2001. The interim administration asserted that the CCF had not
complied with the standards for nonprofit organizations set in the
Charitable Trust Act. The CCF then reorganized as a nonprofit and
refiled its case, with a March 2001 judgment rendered in favor of the
CCF.
The constitutionally mandated Human Rights Commission (HRC) was
operational, with its normal staffing pattern in place. (It essentially
had ceased operating from mid-May to mid-September 2000.) During the
year, it appeared to be impartial and independent.
The HRC has received approximately 700 requests for assistance
since it began operation in 1999. Most involved alleged abuse by police
and prison officers. Although it had a backlog, the commission
investigated most of the claims, as well as allegations against the
military involved in the November 2000 mutiny. The HRC's work was
hampered by the Constitutional Redress Rules, which stipulated that the
HRC and others had to file human rights cases in the High Court within
30 days of receiving the complaint. The HRC continued to host a weekly
radio program to educate citizens about their rights under the 1997
Constitution.
There were also several small, foreign-based organizations that
concentrated on local human rights causes, including the Coalition for
Democracy in Fiji (with offices in New Zealand and Australia) and two
United Kingdom-based groups, the International Fiji Movement and the
Movement for Democracy in Fiji. There was little interaction between
the Government and these groups.
The ICRC continued to operate an office in the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex, place
of origin, political opinion, color, or creed. It also provides
specific affirmative action provisions for those disadvantaged as a
result of such discrimination. A compact included in the Constitution
specifically provides for affirmative action and ``social justice''
programs to secure effective equality of access to opportunities,
amenities, and services for ethnic Fijians and Rotumans and for all
disadvantaged citizens and groups. The Constitution cites the
``paramouncy'' of Fijian interests as a guiding principle for the
protection of the rights of indigenous citizens.
Women.--Domestic abuse, rape, and incest were major problems.
Reliable estimates indicated that 10 percent of women had been abused
in some way. An active women's rights movement addressed the problem of
domestic violence. Police have adopted a ``no-drop'' rule, under which
they prosecute cases of domestic violence even when the victim does not
wish to press charges. Nonetheless, cases of domestic abuse and incest
were often dismissed by courts or received minimal sentences. The
traditional practice of reconciliation between the aggrieved parties
was sometimes taken into account to mitigate sentences in domestic
violence cases, particularly in cases of incest.
The women's rights movement pressed for serious punishment for
rape. Sentences varied widely but were generally lenient. In April a
28-year-old man convicted of raping his 15-year-old sister was
sentenced to 5 years in prison, the maximum penalty a magistrate was
permitted to impose. Later the same month, a magistrate told a farmer
charged with three counts of rape that women should not be raped even
if they were ``mentally unstable.'' The defendant in this case claimed
full rehabilitation after undergoing a so-called religious deliverance
session of counseling and prayer; the judge found him guilty but
suspended the sentence. Women's groups continued to urge that all rape
cases be heard in the High Court, where heavier sentences were
available. However, by law an accused rapist retains the right to
choose between the High Court and magistrates' courts. Only one case in
the last 6 years has been sent to the High Court. Marital rape is not a
crime, but is included in pending legislation on sexual offenses.
In addition to the rise in domestic violence, in previous years
there have been a number of deaths of Indo-Fijian women that appeared
to be bride burnings. (Bride burning is an attack on a wife by members
of the groom's family dissatisfied with dowry payments. These attacks
are often staged as kitchen accidents or suicides and result in the
fatal burning of a victim.) Police investigations concluded that the
victims had committed suicide, burning themselves so severely as to
cause death. However, the women's rights community asserted that these
deaths were bride burnings. There were no confirmed reports of such
deaths during the year.
Prostitution is illegal; however, it was a growing problem,
particularly in Suva. The law prohibits sex tourism as well as sexual
harassment; neither was considered to be a significant problem.
Suva, Ba, Labasa, and Lautoka have women's crisis centers funded by
foreign governments, which offer counseling and assistance to women in
cases of domestic violence, rape, and other problems such as child
support. The NGO Fem'link Pacific distributed information at the
grassroots level and encouraged community-based dialog. In 2001 the
Ministry of Women began a Gender Awareness Program to educate soldiers
and police officers about women's issues.
Under the Constitution, male and female citizens enjoy equal rights
in regard to the granting of residence for spouses, and with regard to
the registration and racial designation of children for purposes of
enrollment on electoral rolls and entitlement to ethnic communal
property rights.
Women had full rights of property ownership and inheritance, and a
number were successful entrepreneurs. Other than a prohibition on
working in mines, there were no legal limitations on the employment of
women. Women were generally paid less than men.
Children.--Although hampered by resource constraints, the
Government devoted 19 percent of the national budget to education and
also worked to improve children's health and welfare. School is
mandatory until age 15. The inability of some families to pay school
fees and bus fare limited attendance for some children. During the
year, in response to a case brought by the Human Rights Commission, the
High Court ruled that corporal punishment in schools was illegal.
Before the Court's decision, there were several reports of corporal
punishment in schools early in the year. In October human rights groups
criticized Minister of Education Ro Teimuna Kepa for her public
endorsement of corporal punishment as an effective means of discipline
in schools.
In 2001 the Government launched an education policy designed to
narrow the gap in academic achievement between indigenous and Indo-
Fijian students. As part of this policy, the Government allocated more
resources for schools run by indigenous citizens and for improved
training of indigenous Fijian teachers. During the year, a former Indo-
Fijian education minister characterized the policy as discriminatory,
alleging that the Government was holding back funds for Indo-Fijian-run
schools while allocating special funds to indigenous schools for
textbooks and other resources.
Societal changes have undermined traditional village and extended
family-based structures. Outgrowths of these changes have included
increased child abuse and a number of homeless youths in urban areas.
Some youths found employment in the informal sector. Homeless children
were often seen on the street working as shoeshine boys or involved in
prostitution. Children worked on the streets, in homes as domestics,
and in auto repair shops. The Ministry of Labor had few or no resources
to investigate reports of child labor or to charge offending employers.
The legal system was inadequate to protect the rights of children,
since children's testimony was largely inadmissible unless corroborated
by an adult.
The Government provided free medical care for children at public
health centers and hospitals. Government nurses provided free
immunizations for children in primary schools.
Persons with Disabilities.--The Constitution provides for equality
before the law of all persons, including persons with disabilities, and
discrimination against the physically disabled in employment,
education, and the provision of state services is illegal. However,
there was no legislation or mandated provision for accessibility for
persons with disabilities, and there was little or no enforcement of
laws protecting persons with disabilities.
The Fiji National Council for Disabled Persons worked to protect
the rights of persons with disabilities. Several voluntary
organizations also promoted greater attention to the needs of persons
with disabilities.
Persons with mental disabilities were largely separated from
society and were normally supported at home by their families. There
were a few special schools for persons with mental disabilities;
however, their costs limited access.
National/Racial/Ethnic Minorities.--Tension between ethnic Fijians
and Indo-Fijians has been a longstanding problem. While 1997 amendments
to the Constitution noted 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,'' it also specified
the ``paramouncy of Fijian interests'' as a protective principle (see
Section 5). George Speight, leader of the Parliament takeover in May
2000, professed to be acting on behalf of ethnic Fijians in his attempt
to overthrow a government led by the country's first Indo-Fijian Prime
Minister (see Section 3).
In July human rights groups strongly criticized Minister of Women,
Culture and Social Welfare Asenaca Caucau for comparing Indo-Fijians to
``wild grass taking up space'' in the country. Despite pressure, Caucau
refused to apologize, and the Prime Minister failed to discipline
Caucau for the remark. Senators appointed by the Prime Minister have
made numerous racial slurs directed against Indo-Fijians.
During the year, the SDL government worked to ensure the political
supremacy of ethnic Fijians. During the year, approximately one-fourth
of valid complaints to the HRC dealt with racial and ethnic equality
issues.
Land tenure remained a highly sensitive issue. Ethnic Fijians
communally held over 80 percent of land, the Government held another 8
percent, and the remaining land was freehold. Ethnic Fijians'
traditional beliefs, cultural values, and self-identity are tied to the
land. Most cash crop farmers were Indo-Fijians, who leased land from
the ethnic Fijian landowners through the Native Land Trust Board. Many
Indo-Fijians, particularly farmers, believed that the absence of secure
land tenure discriminated against them. A number of agricultural
landlord and tenant agreement leases have expired, and many more will
expire in the next few years. Racial tensions and grievances over low
rents for agricultural lands resulted in several highly publicized
illegal evictions of Indo-Fijians and reoccupations of land by native
Fijian landowners. There were also several cases of Fijian landowners
extorting so-called goodwill payments from their Indo-Fijian tenants.
Almost none of these violations were prosecuted. The appointment of a
respected moderate as head of the Native Land Trust Board during the
year assuaged ethnic tension over land issues somewhat.
The Government pressed strongly for changes in the existing
Agricultural Land Tenure Agreement (ALTA) to accommodate landowner
concerns; however, lacking sufficient support to amend the ALTA,
Parliament took no action on the matter during the year.
During the year, the Government implemented a new Rural Housing
Assistance Scheme that, unlike the previous housing assistance plan,
limited benefits to indigenous communities.
The minority Chinese community continued to grow dramatically,
primarily through illegal immigration. There was a steep rise in
illegal activities, including murder, that allegedly were connected to
Chinese organized crime. A special police unit, the Asian Crime Unit,
investigated criminal activity within the ethnic Chinese community.
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, and the
authorities respected these rights in practice. However, the law
permitted restrictions to these rights 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 wage-earning workforce was unionized.
All unions must register with, but are not controlled by, the
Government. The only central labor body is the Fiji Trades Union
Congress (FTUC), which in the past was associated closely with the
opposition Fiji Labor Party; unions operated under its auspices. In
recent years, the FTUC has adopted a more independent political stance.
In August some unions broke away from the FTUC and formed a new labor
group, the Fiji Island Council of Trade Unions. While certain unions
remained ethnically based, both Indo-Fijians and ethnic Fijians held
leadership roles in the trade union movement.
Unions can affiliate internationally; the FTUC is affiliated with
the International Confederation of Free Trade Unions and the
International Labor Organization (ILO).
In December the Government, the FTUC, and the Fiji Employers'
Federation signed a letter of intent reaffirming their commitment to
respect the fundamental principles and rights contained in eight core
ILO conventions.
b. The Right to Organize and Bargain Collectively.--Workers have
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. The Government has the power to order recalcitrant
employers to recognize unions, and has done so. Union recognition
occurs when a fixed percentage of workers sign membership cards; no
ballots are held to determine representation. Key sectors of the
economy, including sugar and tourism, were heavily unionized. However,
there were no laws to protect workers who organized unions in a
factory. While the law encouraged unionization, union organizers' jobs
were not protected. Since employers reserved the right to fire union
organizers, some workers were afraid to unionize. Thus unions were
effective bargaining tools for older, more established industries, such
as sugar and mining, but less effective for newer industries, such as
the garment industry. Wage negotiations were generally conducted at
individual companies rather than on an industry-wide basis.
Strikes are legal, except in connection with union recognition
disputes, and trade unions can conduct secret strike ballots without
government supervision. In order to carry out a legal strike,
organizers must give the employer 28 days' notification. The Ministry
of Labor also must be notified of the dispute and receive a list of all
striking employees, the starting date of the strike, and location of
the strike. This information gives the organizers, unions, employers,
and Ministry of Labor time to resolve the dispute prior to a strike.
There were 10 industrial disputes during the year, including a strike
by Air Pacific workers in July following a refusal by Airports Fiji
Limited to recognize the Fiji Public Service Association despite a High
Court decision. Most disputes were settled by referral to a Permanent
Arbitrator. Both employers and unions made unreasonable requests that
prolonged labor disputes. During a September ``Summit on Quality'' by
the Fiji National Training Council, Labor Minister Kenneth Zinck stated
that militant unions made it difficult to improve the country's
productivity. Union officials operated without interference during the
year.
Export processing zones (EPZs) are subject to the same laws as the
rest of the country. However, the FTUC has been unsuccessful in
obtaining collective bargaining agreements in EPZs and claimed that
intimidation of workers by employers was widespread. The FTUC argued
that because of illegal and intimidating practices, including threats
of loss of work for those active in organizing workers, unions were
effectively prevented from representing workers in the EPZs.
c. Prohibition of Forced or Bonded Labor.--The Constitution
specifically prohibits forced or bonded labor, including by children,
and there were no confirmed reports that such practices occurred.
However, media reports and NGOs have alleged that work conditions in
some garment factories might include forced or bonded labor and
excessive work hours. In November there were media reports of PRC women
subjected to bonded labor at a garment factory.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government has adopted some laws to protect children
from exploitation in the workplace, but enforcement of these laws was
lax. Children under the age of 12 could not be employed in any
capacity. Children under age 15 could be employed only outside of
school hours in family enterprises, and not in the industrial sector.
Young persons between the ages of 15 and 17 could be employed in
certain occupations not involving heavy machinery, with specified hours
and rest breaks. In practice enforcement of these regulations by the
Ministry of Labor was generally ineffective. There were only two
inspectors at the Ministry of Labor, who conducted regular annual
workplace inspections, and no investigators to follow up claims or
reports of violations. During the year, migration of rural youth to
urban areas continued, and youths continued to find employment in the
informal sector, including work as shoeshine boys, casual laborers, and
in prostitution.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor. The law does not define the worst forms of child
labor. The laws implementing and enforcing child labor regulations were
insufficient; there were no adequate enforcement remedies and no
comprehensive policy to eliminate the worst forms of child labor.
e. Acceptable Conditions of Work.--There was neither a national
minimum wage nor a limit on maximum hours for working. Certain sectors
had minimum wages set by the Ministry for Labor. Minimum wage levels
provided a sparse but adequate standard of living for a worker and
family in all sectors other than the garment industry. There were no
regulations on maximum hours of work for adult males. Other than a
prohibition from working in mines, there were no limitations on female
employment. Workers in some industries, notably transportation and
shipping, worked excessive hours. Factory housing for garment workers
was overcrowded.
There are workplace safety regulations, a Worker's Compensation
Act, and an accident compensation plan. However, government enforcement
of safety standards suffered from a lack of trained personnel and lags
in compensation hearings and rulings. Unions generally monitored safety
standards in organized workplaces, yet many work areas did not meet
standards and were not monitored by the Ministry of Labor for
compliance. By law employees have the right to remove themselves from a
hazardous work site without jeopardizing their employment, but most
feared the loss of their jobs if they did so. The ILO maintained an
office in Suva.
There were a growing number of nonunionized and sometimes illegal
immigrant workers (predominantly ethnic Chinese), particularly in the
garment sector.
f. Trafficking in Persons.--There are no laws that specifically
address trafficking in persons, although laws against procuring a woman
to become a prostitute, kidnaping, and bonded and forced labor could be
used to prosecute traffickers. There were no substantiated reports of
trafficking in persons to, from, or within the country during the year.
There was an increase during the year in persons arriving in or
transiting the country with altered or falsified travel documents; the
police believed that an organized Asian criminal network in the country
coordinated these and other illegal movements of persons. However, most
appeared to be economic migrants rather than victims of trafficking.
Police have received unsubstantiated reports of the use of forced labor
from the PRC in the garment factories in Western Viti Levu, the
country's largest island. However, law enforcement has made no arrests
and has not investigated the reports. There were media reports during
the year of PRC women forced to work as bonded laborers in a garment
factory.
A 2001 police report reported increases in the number of street
children engaged in prostitution; child prostitution, along with
prostitution in general, appeared to increase during the year and
affected both the ethnic Fijian and Indo-Fijian communities. There were
no confirmed reports that children were trafficked to or from the
country for this or any other purpose.
The Government did not sponsor or provide assistance to any
programs to combat or prevent trafficking in persons.
----------
INDONESIA
Indonesia is a republic. The country has a presidential system with
three branches of government. The President is the Head of State and
serves a 5-year term for a maximum of two terms. In July 2001, Vice
President Megawati Soekarnoputri succeeded President Abdurrahman Wahid
after he was impeached. The Cabinet consists of 30 Ministers. The
People's Consultative Assembly (MPR) is the supreme legislative body
and has the power to amend the Constitution. The MPR includes the
entire 500 member House of Representatives (DPR), which enacted
legislation and appointed regional members. The Government continued to
make progress in its transition to a more pluralistic and
representative democracy during the year. Since 1999 the MPR has
adopted four major constitutional amendments. The Third Amendment was
passed in 2001, and the Fourth Amendment, which was passed during the
year, provide for direct election of the President and Vice President;
create a new legislative body to be made up of regional
representatives; and abolish all appointed seats in the legislature,
including those for the military (TNI) and the police, known together
as the security forces. Some implementing legislation pertaining to
these two amendments still was pending at year's end. The amendments
established the executive as a separate branch of the Government
answerable to the country's citizens rather than to the MPR. During the
year, a major decentralization program continued to empower district
governments. The Constitution provides for an independent judiciary;
however, in practice the courts remained subordinate to the executive.
The TNI is responsible for external defense and the police are
responsible for internal security. However, in practice, the division
of responsibilities continued to be unclear, with the military playing
an overlapping role in internal security matters, particularly in
conflict areas such as Aceh, the Moluccas, Central Sulawesi, and Papua
(formerly known as Irian Jaya). A civilian defense minister supervises
the military, but in practice only exercises limited control over
military policy and operations. The TNI continued to wield significant
political influence and occupied 38 appointed seats in the DPR. Police
and soldiers occasionally clashed, sometimes resulting in the deaths of
security force members as well as civilians. Members of the security
forces, particularly the Army's Special Forces (Kopassus) and the
Police Mobile Brigade (Brimob), committed many serious human rights
violations, including extrajudicial killings, torture, rape, and
arbitrary detention.
During the year, the economy, which increasingly was market-driven,
grew from 3 percent to 3.5 percent; the Government stabilized the
country's currency, the rupiah, and reduced annual inflation to 10
percent. A more stable currency encouraged trade, while lower inflation
boosted consumption. Government statistics, however, reported 8 million
persons unemployed and another 30 million persons under-employed out of
a total population of approximately 230 million persons. Per capita
gross domestic product (GDP) was $688 in 2001. Large disparities in the
distribution of wealth and political power contributed to social
tensions and continued to create demands for greater regional autonomy.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Soldiers and police murdered,
tortured, raped, beat, and arbitrarily detained both civilians and
members of separatist movements. These abuses were most apparent in
Aceh Province, on the northwest tip of Sumatra, where members of an
ongoing separatist movement killed at least 898 persons, both
combatants and non-combatants, during the year. Human rights violations
in Aceh were frequent and severe during the year. On December 9, in
Geneva, the Government and the separatist Free Aceh Movement (GAM)
signed a Framework Agreement on Cessation of Hostilities. Security
force members also committed severe abuses in other conflict zones such
as Papua, the Moluccas, and Central Sulawesi, but at reduced levels
compared with the previous year. In Papua members of the TNI and the
Brimob committed assaults, rapes, and supported militias, which raised
fears of interreligious conflict. During the year, the Government
detained and named as suspects seven soldiers for the killing of Papuan
pro-independence leader Theys Hiyo Eluay. The Government also arrested
seven men, including GAM member Tengku Don, in connection with the
killings of prominent Acehnese.
Retired and active duty military officers who were known to have
committed serious human rights violations occupied or were promoted to
senior positions in both the Government and the TNI. By year's end, the
East Timor Ad Hoc Tribunal on Human Rights had found only one member of
the security forces--Army Lt. Col. Soedjarwo--guilty of crimes against
humanity. Soedjarwo was convicted and sentenced to 5 years in prison
for failing to prevent attacks by anti-independence militiamen against
the Dili residence and office of Archbishop Carlos Belo in September
1999, which killed at least 13 civilians (see Section 1.e.). During the
year, the tribunal completed 14 out of 18 trials and convicted only 3
defendants--Soedjarwo, former East Timor Governor Abilio Soares, who
was sentenced to 3 years in prison, and fellow ethnic East Timorese
Eurico Guterres, former leader of the Aitarak militia, who was
sentenced to 10 years in prison. All three remained free pending
appeals at year's end. The tribunal's performance reinforced the
impression that impunity would continue for soldiers and police who
committed human rights abuses.
Terrorists, civilians, and armed groups also committed serious
human rights abuses. On October 12, two bombs exploded in the Bali
tourist enclave of Kuta, killing 186 and injuring 328 persons. The
Government subsequently issued a regulation that expanded the
Government's power to detain and prosecute suspected terrorists. A
government investigation resulted in the arrest of 15 suspects in the
Bali attack. On August 31, in Papua, unidentified gunmen killed 3
persons, including 2 foreigners, and injured 12 others when they
ambushed a civilian convoy near the Freeport mine. In resource rich
Aceh, GAM rebels killed, tortured, raped, beat, and illegally detained
civilians and members of the security forces.
The eastern part of the country experienced widespread abuses,
particularly in the Moluccas and in Central Sulawesi, where ongoing
conflicts between Muslims and Christians resulted in violence,
segregation, and displacement. The number of serious abuses there,
however, declined sharply from the previous year. During the year,
conflicts in the Provinces of Maluku and North Maluku killed an
estimated 75 persons and prevented at least 300,000 displaced persons
from returning home. In Central Sulawesi, violence resulted in the
deaths of dozens of persons and kept approximately 70,000 displaced
persons from returning home. In Kalimantan occasional killings occurred
during clashes between indigenous Dayaks and ethnic Madurese migrants,
although the overall level of violence fell sharply from the previous
year.
Despite the reduced death toll in most conflict zones, the
Government largely failed to deter social, interethnic, and
interreligious violence. Mob vigilante action and religious groups
purporting to uphold public morality continued to dispense ``street
justice.'' Meanwhile, extremist groups increasingly limited freedom of
expression by intimidating or attacking news organizations whose
content they found objectionable. The DPR passed a restrictive
Broadcasting Bill, which alarmed journalists and activists who called
it a major threat to press freedom. During the year, the Government
strengthened its legal framework to protect children by passing the
Child Protection Act and other related forms of legislation; however,
child labor and sexual abuse remained major problems, and
implementation of the law remained weak. The Government continued to
allow new trade unions to form and to operate, but it frequently failed
to enforce labor standards or address violations of worker rights.
Trafficking, particularly for prostitution, remained a significant
problem. Indonesia was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The security forces
continued to employ harsh measures against rebels and civilians in
separatist zones where most politically motivated extrajudicial
killings occurred. The security forces also committed numerous
extrajudicial killings that were not politically motivated. The
Government largely failed to hold soldiers and police accountable for
such killings and other serious human rights abuses.
In Aceh, where separatist GAM rebels remained active, military and
police personnel committed many extrajudicial killings and used
excessive force against non-combatants as well as combatants; at least
898 persons were killed during the year. This figure included
civilians, rebels, and security force members, with civilians
accounting for most of the fatalities. However, security forces and
rebels gave conflicting information on victims' identities, making it
difficult to determine the breakdown of civilian, rebel, and security
force deaths. Many of the killings appeared to be executions. The
Government and the GAM accused each other of killing captured
combatants, and there was evidence to support such claims. Press
reports undercounted the number of casualties, and some deaths never
appeared in the newspapers. Police rarely investigated extrajudicial
killings and almost never publicized such investigations.
On June 7, on Kayee Ciret Mountain in Aceh, TNI soldiers shot and
killed two farmers and wounded five others in a raid on a hut in an
area suspected as a hideout for GAM rebels. The attack occurred at
dawn, while the farmers slept. On August 3, in the north Aceh village
of Kandang, six gunmen stormed into a number of houses and shot and
killed three local women. The GAM accused the Brimob of carrying out
the attack because relatives of the victims had links to the GAM. The
security forces rejected this allegation, but the NGO Central
Information for Aceh Referendum (SIRA) reported that a group of Brimob
visited the village on the night in question. Village witnesses
identified the gunmen as police and recognized the group's leader,
Syarifuddin, a sergeant feared for his alleged brutality. On December
1, in Banda Aceh, a group of unidentified men kidnaped a 26-year-old
human rights activist of the Coalition for West Aceh Students Movement
(Kagempar). Three days later, villagers found his mutilated body face-
down in the water underneath a bridge. Reliable sources said the young
man's skull had been penetrated repeatedly with a screwdriver.
Police in Aceh did not announce the results of any investigations
into extrajudicial killings carried out by the security forces in
previous years. In addition, the Government released soldiers suspected
of involvement in the December 2000 slaying of three NGO workers in
North Aceh because the suspects already had served the maximum period
of detention before trial. During the year, credible sources in North
Aceh spotted civilian suspects in the same case who had disappeared
from police custody in 2001.
Numerous killings that occurred in Aceh during the year could not
be clearly attributed to either the security forces or the GAM rebels.
For instance, on March 16, unidentified assailants shot and killed six
persons in the town of Lombaro Angan, Aceh Besar district, after 30
police were ambushed while searching for GAM rebels. Local residents
said the victims all were politically inactive farmers who were killed
while working in a rice field. GAM spokesman Ayah Sofyan later
indicated that one of the six persons killed was a GAM member. On
September 4, in the village of Gumpueng Tiro, Pidie regency,
unidentified persons stopped a public minivan, abducted two high school
girls, took them to a nearby forest, and fatally shot them. According
to the local press, unidentified gunmen also shot and killed 14
teachers during the year; it was unclear who was responsible for
killing schoolteachers in the province.
Investigation continued into the August 2001 massacre of 31 persons
at a palm oil plantation run by PT Bumi Flora in Idi Rayeuk, East Aceh.
The National Commission on Human Rights (KOMNASHAM) formed an
investigation team (KPP HAM), whose members visited the site in July.
The team examined evidence, spoke with local residents and met with
officials. However, the team did not announce the results of the
investigation. Human Rights Watch (HRW) released a report containing
the text of interviews with witnesses to the slaughter and noted that
``all of the witnesses believed that the Indonesian Army was
responsible for the killings.''
During the year, GAM members killed many police, soldiers, civil
servants, politicians, and other Aceh residents. Although many Acehnese
feared and resented the security forces because of their involvement in
human rights abuses, local support for the GAM declined during the
year, according to neutral Aceh-based observers. The GAM alienated
large segments of Acehnese society through a campaign of extortion and
kidnaping for profit. On January 31, in Lhokseumawe, suspected GAM
members shot and killed Dr. Murdan, as he headed to work at a hospital
in the community of Cut Meutia. The killing had a ripple effect, as it
discouraged paramedics from providing services to that area. On March
6, at a coffee plantation in the central Aceh town of Linge, GAM rebels
apprehended, questioned, and killed Sarifuji, an ethnic Javanese. The
GAM subsequently claimed responsibility. The GAM acknowledged that on
April 9, its forces shot and killed two soldiers as they traveled by
motorbike near the north Aceh town of Kuala Meuraksa. The soldiers' two
rifles were captured in the raid, which the GAM acknowledged carrying
out. During the year, police made progress in investigating some
killings allegedly committed by the GAM. However, the overall amount of
progress disappointed NGOs and legal experts. GAM leaders accused the
security forces of executing captured rebels, without benefit of a
trial. On June 26, Aceh's police chief announced the arrest of seven
men, including GAM rebel Tengku Don, in connection with the killings of
prominent Acehnese. The police accused Tengku Don of involvement in the
September 6, 2001 killing of Dayan Dawood, rector of Banda Aceh's Syiah
Kuala University, who was shot after offering to mediate between the
GAM and the Government. Tengku Don allegedly possessed one of the
pistols used in the killing, and there were indications that the attack
was criminally motivated. In August a court convicted five GAM
separatists of carrying out an arson attack in Takengon, Central Aceh.
The lead conspirator received a 16-year term, while the others, who did
not take part in setting the blaze, were sentenced to 10 months in
jail. Police did not publicize any other investigations into killings
allegedly committed by the rebels in Aceh.
The Government did not announce the results of its investigation
into the 2001 killings of Aceh provincial legislator Zaini Sulaiman and
prominent politician Teungku Johan. The Government also did not
announce any results from its alleged investigations into the deaths of
Sukardi, Sulaiman Ahmad, Jafar Siddiq Hamzah, Tengku Safwan Idris, or
NGO activist Nashiruddin Daud, all killed in 2000.
In Papua, where separatist sentiment remained strong and a low-
intensity conflict continued between the TNI and armed rebels of the
Free Papua Movement (OPM), there were no verified cases of politically
motivated killings by the security forces during the year; however,
many such killings were alleged. There also were deaths that many
indigenous Papuans found suspicious. On January 22, in Bonggo, Papua,
Kopassus troops shot and killed Leisina Yaneiba, a clerk at a logging
company. She had intervened in an altercation between Kopassus guards
and a former employee, Martinus Maware, whom the TNI alleged was an OPM
rebel (see Section 1.b.). On June 21, in the Papuan city of Wamena,
Dani tribal chief Yafet Yelemaken died following a trip to Bali, where
he had met a police acquaintance; friends concluded that the policeman
poisoned Yelemaken during a visit to his hotel room. Despite widespread
media coverage, no physical or factual evidence supported this theory.
In August on the Papuan island of Biak, NGOs, religious groups, and
Adat (traditional) councils accused the military of killing at least
three Papuans. Hospital records indicated, however, that two of the
persons in question drowned at sea and the third died in a road
accident. On August 31, unidentified assailants killed three persons,
including two foreigners, and wounded 12 others in an attack close to a
large gold and copper mine near Timika, in Papua. The victims were
teachers on a recreational outing. Several people dressed in military
fatigues reportedly stopped the teachers' convoy in a heavy fog on the
Tembagapura-Timika road and fired at the vehicles at close range. The
Government quickly alleged that OPM had carried out the attack; the
group denied responsibility. During the course of the initial police
investigation, senior police officials were quoted in the press about
indications that soldiers were involved in the attack. The initial
police probe and subsequent military follow-up investigations were
followed at year's end by a joint police-military investigation. In
addition, the Government agreed to incorporate assistance from the
United States Federal Bureau of Investigation.
On June 9, police arrested highland leader Benny Wenda in
connection with a December 2000 attack in the northeastern Papuan
community of Abepura, which resulted in the deaths of two police
officers and one security guard. On October 26, Wenda escaped from
prison and was on the run at year's end.
The Government made progress in its investigation into the November
2001 killing of Papuan pro-independence leader Theys Hiyo Eluay, who
was found dead in his car outside the provincial capital, Jayapura.
Based on a February 5 presidential decree, the Government set up a
National Investigation Committee (KPN) made up of government and civil
society members to probe the killing. The team traveled to Papua on
February 25, and on March 19, the military announced that soldiers had
been declared suspects in the case. The KPN delivered its findings to
President Megawati on April 29, classifying the killing as an ordinary
crime, not a gross human rights violation. The two Papuan KPN members
and other Papuan groups rejected this finding, and urged KOMNASHAM to
investigate it as a state crime. The Government initially detained nine
Kopassus members in connection with the killing and investigated three
additional suspects. At year's end, seven soldiers remained suspects,
but none of them had been tried.
Other government investigations in Papua made little progress.
Police made no perceptible headway in their probe of the 2001
disappearances and suspected killings of Willem Onde, leader of the
Papua Liberation Front Army (TPNP), and his friend, Johanes Tumeng.
Bodies believed to be theirs and bearing evidence of gunshot wounds
were found floating in the Kumundu River with their hands bound. The
Government did not report any progress in its investigation into the
alleged police killings in 2001 of 12 civilians in the northwest Papua
city of Wasior. NGOs claimed the Brimob carried out the killings in
revenge of a June 2001 attack on a police post that left 5 police
officers dead. Unknown persons returned three of the six weapons seized
during that attack following negotiations between police and community
leaders. Negotiations for the return of the remaining weapons continued
at year's end. In a related case, the Government announced no progress
in its probe into the earlier alleged police killings of six Papuan
civilians in Waisor in May 2001. The six were apparently returning home
from a celebration when they were killed.
In the western Java Province of Banten, on March 23, seven members
of the Presidential Guard reportedly kidnaped and then killed Endang
Hidayat, village chief of Binuangeun, in Lebak regency. Evidence
suggested that the guardsmen killed Endang because he had informed
police that one of the guards had purchased stolen motorcycles.
Occasional clashes between the police and military resulted in
civilian deaths as well as fatalities among the security forces.
Chronically underfunded soldiers and police clashed periodically over
control of criminal enterprises, including drugs, gambling, illegal
logging, and prostitution. In September in the north Sumatran town of
Binjai, an armed confrontation between soldiers and police left seven
police, one soldier and three civilians dead, and at least four
civilians injured. The dispute reportedly began when police arrested a
soldier for selling the drug ecstasy. On October 2, Army Chief of Staff
Ryamizard Ryacudu dishonorably discharged 20 soldiers who were involved
in the dispute. On December 18, a military tribunal sentenced 9 of
those soldiers to between 5 months and 30 months in prison.
Police and soldiers clashed 23 times during the year, a decrease of
at least 35 percent from the same period a year earlier. During the
year in Entiekong, West Kalimantan, a shootout between police and
soldiers caused an unknown number of casualties. The clash reportedly
occurred when police tried to close a TNI protected gambling operation.
On August 12, in the West Java village of Cicurug, Bogor Regency, a
brawl between police and soldiers left one policeman dead and three
injured. The clash reportedly occurred after police tried to rescue an
alleged pickpocket who was being beaten by troops.
Police frequently used deadly force to apprehend suspects. On
September 25 in Makassar, South Sulawesi, police were criticized for
fatally shooting Iwan, a suspected gang member, who was in their
custody. Police claimed they shot him when he tried to escape; however,
an autopsy showed he was shot five times at close range. The Legal Aid
Society (LBH) condemned the killing. Reliable statistics on the use of
deadly force by police were not available. Senior police officials said
they punished officers who used excessive force, but such punishments
were not made public. On December 31, the Jakarta police chief said his
office fired or suspended 107 officers during the year for misconduct,
but he did not identify the types of misconduct. The police did not
announce the results of any probe of excessive force from previous
years.
The Government followed up on widespread killings in East Timor in
1999 by holding trials under the East Timor Ad Hoc Tribunal on Human
Rights; however, the Government failed to prosecute the cases
effectively (see Section 1.e.).
Of the six former East Timorese militia members who were convicted
of killing three UNHCR workers in December 2001 in Atambua, West Timor,
two were freed on their own recognizance, according to a reliable
source who spotted them during the year. TThe law allows for appeals of
Supreme Court decisions, but the six had not filed an appeal by year's
end.
On March 7, the Central Jakarta Criminal Court sentenced former
East Timor militiaman Jacobus Bere to 6 years in prison for the 2000
killing of New Zealand U.N. peacekeeper Leonard Manning. Prosecutors
had sought a 12-year term. The presiding judge offered no explanation
for the light sentence, and the prosecution vowed to appeal but had not
done so by year's end. On March 20, the court acquitted three of Bere's
accomplices.
During the year, there was no progress in the high profile Semanggi
and Trisakti cases. In May 1998, four students at Jakarta's Trisakti
University were shot dead, and a number of police officers were
implicated. Six months later, also in Jakarta, at least nine
demonstrators were shot dead at the Semanggi interchange. In 2002
efforts by KOMNASHAM to move the cases forward met with tremendous
resistance from the military, police, Attorney General's office, and
DPR. The security forces and many lawmakers maintained that the
incidents were criminal and did not constitute major human rights
abuses. The Attorney General's office twice returned case dossiers to
KOMNASHAM, stating they were incomplete.
In the eastern Provinces of Maluku, North Maluku, and Central
Sulawesi, ongoing communal conflicts between Christians and Muslims
continued, but at a much lower level than in previous years.
Nevertheless, civilians and sectarian civilian militias committed
scores of extrajudicial killings. The reduced death toll in those areas
resulted mainly from the heavy deployment of security forces and, to a
lesser extent, from government-brokered peace agreements between the
two sides.
In January 1999, intense sectarian fighting erupted in Maluku and
North Maluku, where the population was roughly evenly divided between
Christians and Muslims. The fighting followed years of simmering
political, economic and territorial tension, and, according to some
observers, recent provocation by outsiders. The catalyst most often
cited was a dispute between a Christian bus driver and a Muslim
passenger. The dispute degenerated into a street brawl and 2 months of
rioting, leaving hundreds of persons dead in the Maluku capital, Ambon.
The city fragmented into a number of guarded religious enclaves
patrolled by militias. The military inserted an elite force, but by
2000 and 2001, virtually no Moluccan island had been spared from the
interreligious conflict. In May 2000, thousands of members of the Java-
based Islamic extremist group Laskar Jihad (LJ) arrived in the Moluccas
to fight alongside fellow Muslims, escalating the violence to a new
level. Scholars said LJ polarized many citizens along religious lines
and reversed a conflict in which the Christians previously had had the
upper hand. By the end of 2001, interreligious fighting in the Moluccas
had killed thousands of persons and displaced hundreds of thousands.
On February 11 and 12, the Moluccan Christian and Muslim
communities reached an agreement to work for peace. A major insertion
of security forces bolstered the Government-brokered accord, known as
Malino II. Violence subsided quickly and a fragile peace emerged,
bringing some stability. On April 28, however, a gang of masked men
entered the Christian Ambonese village of Soya and killed at least 12
residents. The attack came hours after LJ's commander, Ja'far Umar
Thalib, delivered an incendiary speech, saying there would be no
reconciliation with Christians, and that Muslims must prepare for
combat. The Government arrested Thalib on May 4 and put him on trial on
August 15 for inciting religious violence, insulting the Government,
and humiliating the President. On December 19, prosecutors requested
that judges sentence Thalib to 1 year in jail, a sentence that some
human rights activists rejected as too light. The trial was ongoing at
year's end. On October 15, LJ closed its headquarters, and Thalib and
other LJ officials later confirmed that the group had been dissolved.
Hundreds of former members subsequently left Ambon. On May 25,
unidentified attackers in two speedboats opened fire on the passenger
ferry Oyo Star off Haruku island and killed five Christians. At year's
end, the shaky peace remained in place, but violence in the Moluccas
had killed approximately 75 persons and prevented at least 300,000
displaced persons from returning home during the year.
Historically, Central Sulawesi has shared certain similarities with
the Moluccas, including an evenly divided population of Christians and
Muslims and political and economic tensions. In April 2000, in the city
of Poso, communal violence quickly escalated. Mobs killed numerous
persons and destroyed vehicles and homes. LJ leveled entire villages,
some of them Christian and some of which were home to Hindu migrants
from Bali. Muslim and Christian religious leaders were accused of
incitement. On September 10, police arrested Christian leader Rinaldy
Damanik after they found firearms and ammunition in a vehicle in which
he was travelling. Observers said Protestant and Muslim groups
overreacted to violent incidents, with the effect that reciprocal
attacks became exponentially more lethal. By the end of 2001,
interreligious violence in the province had killed approximately 2,000
persons and displaced more than 100,000 persons.
In December 2001, the Government's deployment of 4,000 elite
soldiers and police helped dissipate the violence in Central Sulawesi
in the wake of the Malino I peace agreement between the province's
Christian and Muslim communities. Special police units that kept LJ
fighters in check helped to reduce the bloodshed. During the year, amid
a heavy security force presence, peaceful conditions prompted many
internally displaced persons (IDPs) to return to their homes in the
province. Residents removed many barricades, and the local economy
revived. However, on June 5, a bomb exploded aboard a crowded passenger
bus, killing five persons, including a Protestant minister. The
Government responded by inserting additional security forces, which
reinstituted a fragile peace that held for the rest of the year. During
the year, violence in Central Sulawesi killed dozens of persons and
prevented at least 113,000 IDPs from returning home, mostly in the Poso
area.
In Kalimantan ethnic tensions continued, mainly between indigenous
Dayaks and ethnic Madurese settlers. However, the two groups largely
avoided bloodshed, unlike in 2001 when Dayaks killed hundreds of
Madurese. However, some killings occurred, including the May 26
decapitation of an elderly Madurese man in the Kapuas district of
Central Kalimantan (see Section 5). In late July, at least three
Madurese were beheaded in the province, but police concluded that those
killings were motivated criminally. In August the Norwegian Refugee
Council (NRC) reported that approximately 41,000 persons in West
Kalimantan were displaced. Virtually all were Madurese, most of whom
were driven out of the city of Sambas in 1999 or 2000 and fled to
Pontianak, capital of West Kalimantan. The Government relocated many to
resettlement sites outside of Pontianak. Madurese groups, including the
Madurese Students Association, criticized the Government for relocating
Madurese IDPs to new sites, instead of escorting them back to the land
they legally owned and ensuring their safety. The Government did not
announce any progress in its investigation into the 2001 killings of
ethnic Madurese.
Bombs exploded in or near the cities of Ambon, Banda Aceh, Bandung,
Denpasar, Jakarta, Kuta, Manado, Medan, Palu and Poso, among others. On
August 1, in Jakarta, a car bomb exploded, wounding the Philippine
Ambassador and killing an Embassy guard and a woman who happened to be
passing by the area. By year's end, it was still unclear who had
carried out the attack, and investigators had not made any arrests. On
September 23, in Jakarta, a grenade exploded inside a car as the
occupants passed near a residence owned by a foreign embassy, killing
the man handling the grenade and injuring the driver and another man,
who both fled. The initial police statement indicated that this was a
failed attack against a foreign diplomatic residence. Police
subsequently captured three suspects. A government investigation
continued at year's end. On October 12, two powerful bombs exploded in
an entertainment district of Kuta, Bali, killing at least 186 persons,
many of them foreign tourists. The bombings also injured 328 persons
and destroyed 53 buildings. According to a senior police official, the
incident was the most lethal terrorist attack in the country's history.
Investigators subsequently arrested 15 suspects, at least 3 of whom
reportedly acknowledged ties to Jemaah Islamiyah (JI), a terrorist
group linked with al-Qa'ida. The investigation continued at year's end.
The Government made some progress in pursuing justice for previous
bombings. On July 24, the Jakarta High Court handed a 20-year sentence
to Malaysian citizen Taufik bin Abdul Halim for the August 2001 bombing
of the city's Atrium shopping complex, which seriously injured six
persons. Abdul Halim was carrying the bomb when it exploded
prematurely. At year's end, the Supreme Court was reviewing his case.
On July 18, the Supreme Court extended the prison term of 1 of 4 men
convicted in the September 2000 bombing of the Jakarta Stock Exchange,
which killed 15 persons. The court rejected the appeal by Tengku
Ismuhadi Jafar and changed his 20-year sentence to life imprisonment.
On October 19, the Government announced the arrest of alleged JI leader
Abu Bakar Ba'asyir in connection with the 38 bombs that exploded across
the archipelago on Christmas Eve 2000, which killed 19 persons and
injured at least 120 others. The investigation continued at year's end.
Mobs carried out vigilante justice on many occasions, but reliable
nationwide statistics were not available. Incidents of theft or
perceived theft triggered many such incidents. On June 14, in the north
Jakarta community of Tanjung Priok, pedicab drivers beat and severely
injured two municipal guards. On June 20, in the West Java city of
Tangerang, a mob burned to death a man who had allegedly stolen a
television and a VCD player from a house. The man's fingers were
removed, making a positive identification of the body more difficult.
On August 26, hundreds of residents of the West Java town of Majalengka
attacked and killed two plainclothes policemen suspected of stealing
motorbikes. The victims were investigating reports of motorbike theft.
On September 9, in the same city, a mob fatally assaulted a local
resident after he attacked a motorcycle taxi driver and tried to steal
the vehicle.
b. Disappearance.--According to the Committee for Missing Persons
and Victims of Violence (Kontras), large numbers of persons who
disappeared over the past 20 years, mainly in conflict areas, remained
unaccounted for at year's end. In addition, hundreds of new
disappearances were reported. Many of the disappearances occurred in
Aceh, where according to the Aceh branch of Kontras, approximately 224
persons disappeared during the year.
At least three other disappearances took place in Papua. Some
disappearances were motivated politically, while in other cases persons
were kidnaped for ransom. Human rights organizations accused police and
soldiers in Aceh of involvement in many of the disappearances; however,
GAM also kidnaped many civilians for ransom. In many cases, little or
no information was available regarding a victim's sudden disappearance.
On January 28, in the village of Kuala, West Aceh, three adults and one
infant disappeared while enroute to a plantation where the adults
worked. On February 13, the village chief of Lhok Leubu, Pidie regency
disappeared while returning from a shopping trip to a neighboring town.
The Government did not take significant action to prevent the security
forces from kidnaping civilians.
GAM rebels kidnaped and subsequently freed many people during the
year. On June 30, suspected GAM rebels hijacked the Pelangi Frontier, a
supply ship operating off the northern coast of Aceh, and took nine
crewmen hostage. They released the crew a week later, with a statement
that the release was based on confirmation that the crew was not
associated with the military. Credible sources said that no ransom was
paid. Also in June, the security forces accused the GAM of kidnaping
nine athletes who were returning to the Acehnese town of Sigli from a
sports competition in the city of Medan. According to a credible
witness, armed rebels stopped the athletes' vehicle and released the
driver and his assistant, but detained the athletes. In July they were
released and no ransom was paid. The GAM denied responsibility and
stated that the TNI had fabricated the story. In January in Peureulak,
East Aceh, the GAM kidnaped and detained for 4 months nine high school
students who were accused of spying for Brimob. The kidnapings came
after soldiers located and killed three GAM rebels. One detainee
alleged she had been raped. The Government did not investigate this
allegation during the year and failed to announce any progress in
investigations into other GAM-linked disappearances during the year.
The Government did not take significant action to prevent security
force members from carrying out kidnapings. According to a credible
human rights activist, police and soldiers in Aceh frequently and
illegally detained citizens. The activist said dozens were held at any
given time. It was unclear whether any such detainees died in custody
during the year.
A number of ethnic Papuans disappeared during the year. On February
21, Martinus Maware, a former logging company employee and suspected
OPM member, disappeared while under heavy guard at a military hospital,
where he was being treated after soldiers guarding the company shot him
in the leg during a dispute. On March 2, in the Central Java city of
Salatiga, two men on a motorcycle kidnaped Mathius Rumbrapuk, one of
four students convicted of subversion for a December 2000 demonstration
in front of a foreign embassy. Rumbrapuk's friends alleged that the
kidnapers were plainclothes policemen. There were no developments in
the case of missing Papuan Hubertus Wresman, who was kidnaped from his
parents' home by Kopassus troops in June 2001 according to Amnesty
International (AI) and Wresman's relatives. The Institute for Human
Rights Study and Advocacy (ELS HAM) reported that Wresman participated
in an attack on a military post that killed four soldiers several
months before he disappeared.
The Government made slight progress in its investigation into the
July 1996 attack by hundreds of progovernment civilians and soldiers on
the Jakarta headquarters of what was then the Indonesian Democratic
Party (PDI); 23 persons disappeared and 5 persons died in the attack.
In September Jakarta prosecutors said they had received three police
dossiers on suspects, who finally were being placed on trial.
Prosecutors returned two other dossiers to the police, which they
described as incomplete. One named General Sutiyoso, Jakarta's military
commander in 1996 and current Governor, as a suspect.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Criminal Code makes it a crime punishable by up to 4
years in prison for any official to use violence or force to elicit a
confession. In practice, law enforcement officials widely ignored such
statutes. Security forces continued to employ torture and other forms
of abuse to produce confessions and as a form of punishment. Police
often resorted to physical abuse, even in minor incidents.
During the year, the security forces committed numerous acts of
torture in Aceh. According to the Aceh branch of Kontras, 1,472 persons
were tortured in the province during the year. On May 6, the military
released Acehnese Rizki Muhammad, after more than 1 week of detention,
during which soldiers allegedly clubbed and burned him with molten
plastic. Kontras stated that on May 19, soldiers in the north Aceh
village of Alue Dua visited the home of farmer Nurdin Doni, a suspected
GAM member. When they learned he was not home, they broke his wife's
feet and forced the couple's three children, aged 8 to 14, to stand in
a fish pond for 3 hours. The Government did not hold anyone
responsible, nor did it launch an investigation into the case. On May
24, a joint military/police squad questioned M. Thaleb, in the village
of Meunasah Blouk, Blang Mangat subdistrict. The troops accused Thaleb
of being a GAM member and tortured him, peeling some of the skin off
his face and causing injuries to his lips and teeth. On June 6, in the
north Aceh village of Jawa-Banda Sakti, three Brimob policemen entered
the home of Syahrul Gunawan and inflicted severe injuries to his head,
eyes, nose, and cheeks.
Police in Papua occasionally also tortured detainees, and in rare
cases, their injuries resulted in death. On July 31, according to ELS
HAM, Yanuarius Usi died in police custody as a result of torture.
Rapes, some punitive, occurred frequently in conflict zones. Human
rights advocates blamed many of the rapes on soldiers and police.
Statistics were unavailable, but credible sources provided a number of
accounts that involved both soldiers and police. Kontras stated that in
April, for an unknown reason, police arrested a 17-year-old girl at her
home in the Acehnese village of Ulee Blang. They forcibly intoxicated
her with alcohol then raped her. An interfaith organization operating
in Poso, Central Sulawesi, reported that high rates of depression among
female IDPs because many had been raped and impregnated by Brimob
members.
There were no reports during the year that East Timorese women were
held against their will as sex slaves in West Timor, as had been
alleged in previous years.
During the year, there was no progress in the Government's probe
into the May 1998 civil unrest in Jakarta and other cities, which
included attacks against Sino-Indonesian women. However, in December,
KOMNASHAM set up a team to investigate the incident.
Occasionally Brimob personnel used arson as a form of punishment.
On October 9, an Aceh police official said 40 police officers, some
from Brimob, were questioned for allegedly burning down 80 shops and
homes. None were prosecuted. Witnesses said police started the fires
after GAM members killed two policemen. The GAM burned numerous rural
schools and other government buildings during the year. Credible
sources stated that GAM was implicated in the June 14 and 15 torching
of seven schools, four of which were located in the city of
Lhokseumawe.
During the year, Islamic extremists attacked a number of
nightclubs, ostensibly to punish them for tolerating or promoting vice.
The Islam Defenders Front (FPI) in Jakarta carried out many such
attacks, during which prostitutes sometimes were assaulted. On March 7,
the eve of the Islamic New Year, hundreds of FPI members attacked a
pool hall in South Jakarta after approaching bars and discotheques in
Central Jakarta and demanding that they close out of respect for the
holiday. On June 26, approximately 200 FPI members smashed beer
bottles, signs and windows in the popular Jaksa street area of Jakarta,
in full view of police. On October 4, 400 FPI members attacked a
billiard hall and discotheque in West Jakarta, angered that they were
open on a Muslim holiday. Following those attacks, however, police
arrested 13 FPI members and charged 8 of them with disturbing the
peace. Community and religious leaders praised these arrests. On
October 16, police also arrested FPI Chairman Habib Rizieq in
connection with cases of vandalism and violence going back to 2000.
Prison conditions were harsh, with 12 inmates typically sharing a
2-meter by 4-meter cell. Guards regularly extorted money and mistreated
inmates. The wealthy or privileged had access to better treatment in
prison. In July Hutomo ``Tommy Suharto'' Mandala Putra started serving
a 15-year sentence at Batu prison on the island of Nusakambangan, off
of Java's south coast. Tempo magazine reported that his cell, unlike
most, had a bathroom of its own and no bars on the windows. Prison
authorities housed female inmates separately from men, but in similar
conditions. Juveniles were not separated from adults. There was no
official restriction against prison visits by human rights monitors. In
practice, prison officials and guards rarely provided access, although
the International Committee of the Red Cross (ICRC) visited convicted
prisoners on occasion.
d. Arbitrary Arrest, Detention, or Exile.--The Criminal Procedures
Code contains provisions against arbitrary arrest and detention, but
lacks adequate enforcement mechanisms, and authorities routinely
violated it. The code provides prisoners with the right to notify their
families promptly and specifies that warrants must be produced during
an arrest (except if, for example, a suspect is caught in the act of
committing a crime). The law allows investigators to issue warrants,
but, at times, authorities made arrests without warrants. No reliable
statistics exist on how many arbitrary arrests and detentions took
place during the year.
A defendant may challenge the legality of his arrest and detention
in a pretrial hearing and may sue for compensation if wrongfully
detained. However, it was virtually impossible for detainees to invoke
this procedure or to receive compensation after being released without
charge. Military and civilian courts rarely accepted appeals based on
claims of improper arrest and detention. The Criminal Procedures Code
also limits periods of pretrial detention and specifies when the courts
must approve extensions, usually after 60 days. The courts generally
respected these limits. The authorities routinely approved extensions
of periods of detention.
In areas of separatist conflict, such as Aceh and Papua, police
frequently and arbitrarily detained persons without warrants, charges,
or court proceedings. The authorities rarely granted bail. The
authorities frequently prevented access to defense counsel during
investigations, and limited or prevented access to legal assistance
from voluntary legal defense organizations. It was unclear whether any
person died while in custody during the year.
On October 18, the Government issued two decrees on terrorism that
allow it to use evidence from wiretaps, video recordings, and other
surveillance previously inadmissible in court to fight terrorism (see
Section 1.f.). The first decree loosened restrictions on evidence to
prosecute terrorists; allowed up to 7 days of detention based solely on
intelligence reports; and provided the police with authority to hold
suspects for whom there was stronger evidence for 6 months without the
authority of prosecutors or judges. The second decree stipulates that
the first decree can be applied retroactively to detain suspects who
were involved in the October 12 bombings. The country's largest Islamic
organizations and parties across the political spectrum publicly
supported the decrees. Some human rights NGOs raised concerns that the
decrees could facilitate human rights abuses, but prominent human
rights lawyers judged the safeguards were better than those in other
parts of the Criminal Code.
In Aceh security forces routinely employed arbitrary arrest and
detention without trial. On July 16, in Banda Aceh, local police took
seven young members of the Acehnese Women's Democratic Organization
(ORPAD) into custody following a rally in which they expressed
antigovernment views. The police released six of the seven women a day
later, but continued to hold Raihana Diani, who helped organize the
rally, through the end of the year. The authorities charged her with
insulting the President, a violation of Articles 134 and 137 of the
Criminal Code. On December 23, prosecutors demanded a sentence of 8
months. At year's end, Diani still was awaiting sentencing. On July 31,
in Papua, Yanuarius Usi allegedly died in police custody as a result of
mistreatment (see Section 1.c.). On September 26, police in Jakarta
arrested and briefly detained anticorruption activist Azas Tigor
Nainggolan. Tigor, Chairman of the Jakarta Residents Forum (FAKTA),
allegedly slandered Jakarta Governor Sutiyoso by claiming that he had
bribed city councilors.
On September 11, in southern Aceh, the TNI detained two foreign
women in an area off limits to foreigners. The soldiers denied them
Consular access and, according to the two women, punched and sexually
harassed them. The TNI subsequently turned the two over to police, who
transferred them to Banda Aceh, where they were charged with violating
the terms of their tourist visas. On December 30, a court convicted
them for violating the terms of their tourist visas, sentencing one to
4 months in prison and the other to 5 months.
On April 17, police in Jakarta released imprisoned Acehnese student
leader Fasial Saifuddin, pending appeal of his 1-year sentence for
``spreading hatred toward the state.'' Saifuddin, of the NGO SIRA, had
demonstrated in front of the United Nations (U.N.) building in Jakarta;
he had served approximately 6 months of his sentence. In November 2001,
police in Banda Aceh released from detention student leader Kautsar
Mohammed, who was held on the same charge as Saifuddin.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for
judicial independence. However, in practice, the judiciary remained
subordinate to the Executive and was often influenced by the military,
business interests, and politicians outside of the legal system. The
law requires that the Justice Ministry gradually transfer
administrative and financial control over the judiciary to the Supreme
Court by 2004. However, judges were civil servants employed by the
executive branch, which controlled their assignments, pay, and
promotion. Low salaries encouraged corruption, and judges were subject
to pressure from governmental authorities, which often influenced the
outcome of cases.
Under the Supreme Court is a quadripartite judiciary of general,
religious, military, and administrative courts. The law provides for
the right of appeal, sequentially, from a district court to a High
Court to the Supreme Court. The Supreme Court does not consider factual
aspects of a case, but rather the lower court's application of the law.
The judicial branch was theoretically equal to the executive and
legislative branches and had the right of judicial review over laws
passed by the DPR, as well as government regulations and presidential,
ministerial, and gubernatorial decrees.
At the district court level, a panel of judges conducts trials by
posing questions, hearing evidence, deciding on guilt or innocence, and
assessing punishment. Judges rarely reversed initial judgments in the
appeals process, although they lengthened or shortened sentences. Both
the defense and prosecution can appeal verdicts.
The law presumes that defendants are innocent until proven guilty
and permits bail. Defendants have the right to confront witnesses and
call 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.
Prosecutors were reluctant to plea bargain with defendants or
witnesses, or to grant witnesses immunity from prosecution. As a
result, many witnesses were unwilling to testify, particularly against
government officials. The courts often allowed forced confessions and
limited the presentation of defense evidence. Defendants did not have
the right to remain silent and some were compelled to testify against
themselves.
The Criminal Procedures Code gives defendants the right to an
attorney from the time of arrest, but not during the prearrest
investigative period, which may involve prolonged detention. Persons
summoned to appear as witnesses in investigations do not have the right
to legal assistance. The law requires counsel to be appointed in
capital punishment cases and those involving a prison sentence of 15
years or more. In cases involving potential sentences of 5 years or
more, the law requires the appointment of an attorney if the defendant
is indigent and requests counsel. In theory indigent defendants may
obtain private legal assistance, but in practice authorities persuaded
many defendants not to hire an attorney. In many cases, procedural
protections, including those against forced confessions, were
inadequate to ensure a fair trial. Widespread corruption continued
throughout the legal system. Bribes influenced prosecution, conviction,
and sentencing in countless civil and criminal cases.
A military justice system exists and during the course of the year,
members of the armed forces were prosecuted, generally for common
crimes.
Four district courts exist to adjudicate gross human rights
violations. The law provides for each to have five members, including
three noncareer human rights judges, who are appointed to 5-year terms.
Verdicts may be appealed to the standing High Court and Supreme Court.
The law provides for internationally recognized definitions of
genocide, crimes against humanity, and command responsibility, but it
does not include war crimes as a gross violation of human rights. The
law stipulates the powers of the Attorney General, who is the sole
investigating and prosecuting authority in cases of gross human rights
violations, and who is empowered to appoint ad hoc investigators and
prosecutors. The law also empowers the Attorney General (as well as the
courts) to detain suspects or defendants for multiple fixed periods in
cases of gross human rights violations. However, the law requires the
Human Rights Court to approve the extension of any detention of
suspected human rights violators. For gross human rights violations
that occurred before the enactment of the law, the law allows the
President, with the recommendation of the DPR, to create an ad hoc
bench within one of the human rights courts to hear cases associated
with a particular offense.
On March 14, the Ad Hoc Human Rights Tribunal for East Timor
convened in Jakarta after the Government failed to investigate
instances of gross human rights abuses within the timeframes stipulated
by the Human Rights Tribunal Law. According to a broad interpretation
of this law, the Attorney General should have commenced prosecution no
later than February 23, 2001, or a maximum of 310 days after the
formation of his special investigative team on April 19, 2000. A
stricter reading of the statute would have moved forward the deadline
for prosecution by approximately 3 months, or 310 days after KOMNASHAM
provided the results of its inquiry into the East Timor atrocities on
January 31, 2000. The DPR did not recommend the tribunal's
establishment until March 2001; the presidential decree authorizing its
establishment was withheld until late the following month, and the
Government deferred selection of noncareer tribunal jurists until mid-
January. The Government's failure to meet statutory deadlines in
preparing cases for the tribunal represented a major procedural
violation that could provide grounds to overturn any convictions on
appeal.
In his April 2001 decree creating the tribunal, former President
Wahid limited the tribunal's jurisdiction over East Timor atrocities to
those that occurred after the August 30, 1999 referendum. In August
2001, President Megawati allowed the tribunal to also include selected
incidents that occurred in East Timor during April 1999, thus
retroactively applying the country's human rights statutes to East
Timor cases for the first time. However, President Megawati's decree
limited the tribunal's jurisdiction to only those atrocities that
occurred during April 1999 and September 1999 in 3 locations: Liquica,
Dili, and Suai. The time and geographic restrictions placed on the
tribunal's jurisdiction complicated prosecutors' ability to demonstrate
that the atrocities in East Timor throughout 1999 were gross human
rights abuses, defined as a systematic and widespread pattern of abuse
by security force officers and their militia proxies. Legal experts
said that in order to win a conviction in the tribunal, it was crucial
to prove that such a pattern of abuse occurred. Pursuant to the August
2001 presidential decree, prosecutors brought charges against only 18
of the individuals implicated in East Timor atrocities by the January
2000 KOMNASHAM inquiry report.
The East Timor Ad Hoc Human Rights Tribunal convened its first
trial in March and concluded 14 of 18 trials during the year. Only one
member of the security forces was found guilty in connection with 1999
violence in the former Indonesian territory. The court convicted Army
Lt. Col. Soedjarwo of crimes against humanity for failing to prevent
pro-Jakarta militiamen from attacking the Dili seaside home and office
of Archbishop Belo, where a number of civilians had taken refuge, and
at least 13 persons were killed. Soedjarwo was sentenced to 5 years in
jail. The tribunal also convicted two other persons, both civilians.
Former East Timor Governor Abilio Soares was sentenced to 3 years, and
former Aitarak militia leader Eurico Guterres--like Soares an ethnic
East Timorese--received a 10-year sentence. Tribunal law mandates a 10-
year minimum term of imprisonment. All three persons convicted remained
free at year's end, pending their appeals. Most of the 18 persons
indicted were low- and mid-level officers and officials. All were
charged as responsible parties to the 1999 massacres at Liquica Church
(April 6) and at Manuel Carrascalao's home in Dili (April 17), as well
as those at the Dili Diocese (September 5), and at Archbishop Belo's
home and the Suai Church (September 6).
In all of the trials, prosecutors presented weak cases that failed
to prove the defendants' involvement in gross human rights abuses.
Prosecutors did not fully use the resources or evidence available to
them from the U.N. and elsewhere in documenting the atrocities in East
Timor, and called few East Timorese witnesses. Most of their remaining
witnesses were themselves defendants in other cases in the tribunal's
docket. In some cases, judges harassed witnesses and/or disregarded
their testimony, which highlighted concern over the overall fairness of
the judicial process. In addition, the regular presence in the gallery
of substantial numbers of uniformed military personnel and their East
Timorese supporters intimidated witnesses. In one case, judges failed
to authorize an interpreter's participation in the trial, with the
effect that a witness was unable to testify in her native language,
Tetum. Consequently, the witness was compelled to testify in
rudimentary Indonesian, which resulted in heckling by soldiers present
in the courtoom, which the judges made no attempt to control. U.N.
Human Rights Chief Mary Robinson said the results of the trials were
``not satisfying in terms of international human rights standards.''
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law requires judicial warrants for searches except
for cases involving subversion, economic crimes, and corruption.
Nevertheless, security officials occasionally broke into homes and
offices. The authorities generally did not monitor private
communications but they occasionally spied on individuals and their
residences, and listened in on telephone calls. There were reports that
the Government occasionally infringed upon privacy rights of migrant
workers returning from abroad, particularly women. Corrupt officials
sometimes subjected the migrants to arbitrary strip searches,
expropriated valuables, ordered currency conversions at below-market
rates, and extracted bribes at special lanes set aside at airports for
returning workers.
On January 8, President Megawati signed the Law on Overcoming
Dangerous Situations, which provides the military broad powers in a
declared state of emergency, such as limiting land, air and sea
traffic, and ordering people to relocate. However, the Government did
not implement the law during the year (see Section 2.d.). On May 23, in
Maluku Province, after attempts to formally impose martial law met
widespread opposition, Coordinating Minister for Political and Security
Affairs Susilo Bambang Yudhoyono announced that an Army General would
lead both the military and the police in the province. Kontras and
other NGOs criticized the move, arguing that restructuring the command
system amounted to imposition of martial law.
Human rights activists increasingly viewed the national identity
card (KTP) system as a form of government interference in the privacy
of citizens. The KTPs, which all citizens are required to carry,
identifies the holder's religion. NGOs charged that the KTPs undermined
the country's secular tradition and endangered cardholders who traveled
through an area of interreligious conflict. Members of the five
religions officially recognized by the Government--Islam,
Protestantism, Catholicism, Hinduism and Buddhism--had little or no
trouble obtaining accurate identification cards during the year;
however, members of minority religions, frequently were denied a card,
or denied one that accurately reflected their faith (see Section 2.c.).
In many parts of the archipelago, particularly in Kalimantan and
Papua, indigenous persons believed that the Government-sponsored
transmigration program interfered with their traditional ways of life,
land usage, and economic opportunities. During the year, the program
moved 103,218 households from overpopulated areas to more isolated and
less developed areas. The Government sent 21,617 households to Central
Kalimantan, making that province the top destination.
The Government used its authority, and at times intimidation, to
appropriate land for development projects, particularly in areas
claimed by indigenous people, and often without fair compensation.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and for freedom of the press, and the Government
generally respected these rights in practice; however, various forms of
censorship continued to threaten press freedom.
Journalists, human rights activists, and others expressed alarm
over the DPR's November 28 passage of a Broadcasting Bill, which would
establish an Indonesian Broadcasting Commission (KPI) of questionable
independence. Critics said the law would limit foreign-produced news
and require broadcasters to make unspecified ``corrections'' if there
were protests over news content. The law's supporters said it would
promote local broadcasting after decades of Jakarta-centric news and
bring order to the industry. The bill was sufficiently vague to be
interpreted in any number of ways. For this reason, and because
lawmakers and the Government put off a crucial decision on whether the
KPI would have the sole right to issue broadcasting licenses, it was
not immediately clear whether the law would seriously undermine press
freedom.
During the year, police used violence and intimidation against
journalists. The Alliance of Indonesian Journalists (AJI) stated that
from April 2001 through April of this year, 118 journalists were
assaulted or threatened. In Aceh GAM rebels frequently intimidated
journalists and occasionally used violence against them. In May in the
city of Banda Aceh, a car belonging to the Bureau Chief of the Medan
newspaper Waspada was burned. This came one week after the paper
rejected a demand to print all GAM statements in their entirety. On at
least three occasions during the year, suspected GAM supporters stopped
a vehicle distributing copies of Waspada and then burned all of the
copies. On June 26, in the East Java town of Gedangan, police beat
Kompas journalist Wisnu Dewabrata while he was covering a labor
dispute. They also seized his camera and press card. On July 10, in the
northern Aceh town of Bireun, police entered the bureau of the
newspaper Serambi Indonesia and attacked two journalists after the
paper published a front-page article that quoted a rebel spokesman. On
August 3, in Jakarta, at the annual session of the MPR, a member of the
presidential security detail kicked and punched radio reporter Rizky
Hasibuan.
During the year, journalists showed greater willingness to speak
out against police violence. On July 15, in the East Java city of
Surabaya, approximately 50 news workers demonstrated against acts of
violence and intimidation against journalists. In July in Jakarta, free
press advocates announced a two pronged strategy to protect
journalists: Litigating cases of police violence with help from the
Association of Legal Aid and Human Rights Organization (PBHI), and
urging KOMNASHAM to set up a permanent body to protect journalists.
Foreign journalists based in the country accused the Government of
interfering with their work. For instance, the Government declined to
renew the work visa of Sydney Morning Herald reporter Lindsay Murdoch.
The head of the Foreign Correspondents Club of Jakarta, Atika Shubert,
said the Government did not announce why it would not renew the visa,
but that some government officials cited Murdoch's scrutiny of the
military as a reason.
In June prosecutors in Jakarta closed their investigation into the
1999 slaying in East Timor of Dutch journalist Sander Thoenes. A
government spokesman said there was not enough evidence to prosecute,
although several eyewitnesses reportedly identified a TNI soldier as
the alleged killer.
The law mandates that all television stations, including regional
ones, operate from Jakarta. Radio stations also faced restrictions. In
June police arrested the director of a regional television station, the
Jawa Pos' JTV, and shut down the station for trying to operate from a
location other than Jakarta. Police threatened to demolish the
station's antenna if it dared transmit again. One radio station claimed
it spent a sum equivalent to 2-years' budget on bribes without being
any closer to obtaining a broadcast license.
During the year, private citizens increasingly took censorship
matters into their own hands. Religious extremists, political hard-
liners, student activists, and paid criminals raided news offices in
response to news coverage. In some of these raids, they beat
journalists and destroyed office equipment. On January 2, 300 members
of the youth wing of the ruling PDI-P Party reportedly occupied the
Jawa Pos office after the newspaper ran an article that criticized
President Megawati.
In August the extremist Indonesian Mujahidin Council (MMI)
intimidated a Jakarta-based TV network, SCTV, into pulling a public
service announcement promoting tolerance among Muslims. The MMI
objected to the spot's assertion that ``Islam is varied,'' calling it
blasphemy. Also during the year, an Islamic group extracted a ``fine''
from the newspaper Republika following the publication of an editorial
by a moderate Muslim scholar. In Yogyakarta a Molotov cocktail was
thrown at the office of the People's Sovereignty newspaper after its
editor said he was not afraid of zealots.
In November a group of Islamic leaders issued a death ``fatwa''
against Islamic scholar Ulil Abshar Abdalla for writing a Kompas
newspaper article that asserted, among other things, that it was not
essential for Muslims to wear Islamic dress and that all religions were
``different pathways to God.'' The group, based in Bandung, later
retreated from the threat, stating it merely had noted what could
happen to those who insulted Islam.
Despite numerous incidents of violence and intimidation of the
press, there were some positive developments. Media watch groups,
including the AJI and the Institute of Free Flow of Information,
increasingly were active. Labor unions at news organizations were more
assertive in defending journalists' rights. The dramatic proliferation
of publications and news programs resulted in healthy competition and
an increase in aggressive reporting. The Government stopped restricting
the import of Chinese language publications and music (see Section 5).
In addition, other foreign magazines and books no longer faced official
censorship.
A government-supervised Film Censorship Institute continued to
censor imported movies, mainly for pornography. By law Communist
teachings cannot be disseminated or developed, and on at least one
occasion in October, the Government publicly discussed banning a book
because it contained Marxist content.
The law provides for academic freedom, and there were no
significant constraints on the activities of scholars. The Government
did not restrict or censor course content or curricula, and open
discussions, often featuring harsh criticism of the Government, took
place at universities.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in certain areas. The law generally does not require permits
for public social, cultural or religious gatherings; however, any
gathering of five or more persons related to political, labor, or
public policy required police notification (see Section 6.a.). The law
requires that persons planning to hold a demonstration notify police 3
days in advance and appoint someone accountable for every 100
demonstrators.
During the year, many rallies turned violent due to overzealous
demonstrators, police, or counter-demonstrators. Some observers
believed police exercised greater restraint than in previous years, but
others noted that police beat protestors and fired tear gas on a number
of occasions. On July 1, in Jakarta, police injured dozens of
university students and four journalists in a demonstration in front of
the DPR compound. On September 11, Jakarta police fired rubber bullets
and water cannons, injuring demonstrators taking part in a massive
rally against the reelection of Governor Sutiyoso. At the same rally,
unknown persons handed out food containing cyanide, which poisoned, but
did not kill, 30 persons.
On many occasions, police stood by as counter demonstrators
attacked demonstrators. On May 20, in the Central Java city of
Semarang, two persons were injured at a rally held by the Democratic
Front for Poverty Eradication (FDPRM) when dozens of persons, who
claimed to be members of the ruling PDI-P, attacked the demonstrators.
Journalists reported that police did not intervene.
During the year, the Government arrested protestors deemed to have
insulted publicly the country's leaders, which is a crime in the
country. On June 24, police in Jakarta arrested activists Muzakkir and
Nanang Mamija for stepping on pictures of the President and Vice
President in a rally in front of the State Palace. Police detained them
on a charge of premeditated slander of the President. On October 24,
the Central Jakarta District Court sentenced them to 1 year in prison.
On June 25, Minister of Manpower Jacob Nuwa Wea warned demonstrators
not to deface, kick, or burn pictures of the President and Vice
President, or he would ``hunt them down.'' On July 16, in Banda Aceh,
police arrested seven young women for displaying defaced pictures of
the President and Vice President during a street protest (see Section
1.d.). In August police in Medan detained and questioned demonstrators
who painted an ``X'' on photos of the President and Vice President.
The Constitution provides for freedom of association; however, the
Government restricted the exercise of this right. Although the Papua
Special Autonomy Law permits the flying of a flag symbolizing Papua's
cultural identity, the police prohibited the flying of the Papuan
Morning Star flag during the year. The police claimed the design of the
Papuan flag allowed by law had yet to be negotiated by the Government,
and that until that time, it remained banned. However, the Morning Star
flag did fly at some public gatherings during the year, and there were
no reported incidents of police using excessive force to remove such
flags.
In Aceh Province, security forces continued to enforce a ban on the
flying of the Acehnese flag. On May 6, in Banda Aceh, a university
student carried an Acehnese flag during a peaceful student
demonstration that called for a ceasefire. Police took the students
into custody, beat him, burned him repeatedly with cigarettes, and
struck him with the flag pole. Police officials later said he was
``given counseling'' at the police station, but this account was
contradicted by the injuries visible on the student's body.
Maluku Sovereignty Front (FKM) leader Alex Manuputty, who faced
treason charges in 2001 for hoisting the flag of the separatist South
Maluku Republic (RMS), returned to court during the year on subversion
charges. Police detained Manuputty in Jakarta from March until December
28, when they released him but required him to check in regularly and
attend his trial. On December 19, prosecutors demanded a 5-year prison
sentence. The trial was ongoing at year's end.
c. Freedom of Religion.--Article 29 of the Constitution declares
that the state is based upon belief in one god, and that the state
provides for every resident to adhere to their respective religion and
to perform their religious duties in accordance with their religion and
faith. The Government generally respected these provisions, but only
five major faiths--Islam, Protestantism, Catholicism, Hinduism and
Buddhism--received official recognition in the form of representation
at the Ministry of Religious Affairs. Other religious groups were able
to register with the Government, but only with the Ministry of Home
Affairs, and only as social organizations. By stipulating that the
country is based on belief in one God, the Government does not
recognize atheism. The Government denied members of some faiths equal
treatment in areas such as civil registration. There was no change in
the status of religious freedom during the year. The Human Rights Law
allows conversions between faiths, but converts to minority religions
sometimes felt reluctant to publicize their conversions because they
feared some degree of discrimination.
The civil registration system frustrated many members of minority
religions. Civil Registry officials refused to register the marriages
of Animists, Confucians, members of the Baha'i faith and others because
they did not belong to one of the five officially recognized faiths.
Hindus, whose religion was recognized officially, often had to travel
far to register their marriages, because in many rural areas the local
government could not or would not perform the registration.
Persons whose religion was not one of the five officially
recognized faiths, or persons of Chinese descent, had difficulty in
obtaining a KTP, which was necessary to register marriages, divorces,
and births (see Section 1.f.). Men and women of different religions had
trouble marrying and officially registering their marriages, and first
had to find a religious official willing to perform a marriage
ceremony; few were willing. Such couples also were required to register
the union with the Government, which resulted in persons converting--
sometimes superficially--to be married. Others traveled overseas, where
they wed and then registered the marriage at an Indonesian Embassy.
Many of the religious groups that suffered discrimination in
marriage registration also faced difficulties in registering their
children's births. The MATAKIN, a Confucian advocacy group, stated that
births of Confucians were recorded at the Civil Registry as out of
wedlock, which caused shame or embarrassment.
During the year, several NGOs, including the Indonesia Anti-
Discrimination Movement (GANDI), urged the Government to omit the
category of religion from KTPs.
Foreign missionaries who obtained visas were allowed to work
relatively unimpeded.
Police and soldiers occasionally tolerated illegal actions against
religious groups by private parties.
Islamic law (Shari'a) was a source of significant debate during the
year. Some small Islamist groups and political parties called for the
national adoption of Shari'a by adding a sentence--the Jakarta
Charter--to the Constitution, stating that there was an obligation for
Muslims to practice Shari'a. Mainstream Muslims, Christians, Buddhists,
Hindus, and others all spoke out against the threat that they claimed
Shari'a would pose to the country's tradition of religious tolerance.
In August the MPR rejected a motion to adopt the Jakarta Charter across
the country. Limited efforts to apply Shari'a on regional and local
levels met with mixed results. On January 1, the Government announced
that the Muslim-majority Province of Aceh was permitted to implement
Shari'a, as long as national law was not violated. However, by year's
end the provincial legislature had not passed the necessary legislation
to implement Shari'a. In other Islamic strongholds, attempts by local
legislators and religious leaders to implement Shari'a had little
result, in part because they lacked Aceh's legislative prerogatives and
faced organized political opposition. Local governments introduced
stricter Islamic legal practices in Cianjur and Garut, in West Java;
Makassar, in South Sulawesi; and in Gorontalo, formerly part of North
Sulawesi.
Churches continued to come under attack during the year, but such
incidents were much less frequent than in previous years. According to
the Indonesian Christian Communication Forum, attackers destroyed or
forcibly closed 20 churches, many of them in Aceh. On September 29, in
the South Sulawesi city of Makassar, unidentified residents demolished
a Pentecostal church, citing the absence of a building permit.
There were fewer attacks on mosques, but some did occur. On July
14, in the predominantly Catholic town of Maumere, in Flores, thousands
of persons attacked a mosque. It was unclear why local residents
directed their anger at the mosque. Some residents concluded that
outside elements purposely provoked communal unrest. From September 10-
13, in the East Lombok town of Selong, thousands of orthodox Muslims
attacked a mosque belonging to the nonorthodox Ahmadiyah community.
Mobs burned the mosque and a number of houses and shops, and 340
residents fled.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution allows the Government
to prevent persons from entering or leaving the country, and the
Government restricted freedom of movement. The revised Law on
Overcoming Dangerous Situations gives the military broad powers in a
declared state of emergency, including the power to limit land, air,
and sea traffic; order persons to relocate; order house arrests; and
prohibit migration into and out of an area. In practice the Government
did not use these powers.
During the year, the Government prevented 214 persons from leaving
the country and 4,243 persons from entering the country. Some of those
barred from leaving were delinquent taxpayers, while others were
involved in legal disputes.
Although the law does not provide for the granting of asylum or
refugee status, the Government cooperated with the United Nations High
Commissioner on Refugees (UNHCR), which maintained an office in
Jakarta. During the year, the UNHCR resettled 474 refugees to third
countries. At year's end, there were 236 U.N.-recognized refugees still
living in the country, many from Iraq, Afghanistan, and Iran.
The above figures did not include East Timorese refugees, who the
UNHCR stated numbered approximately 30,000 at year's end. Most of these
remaining refugees resided in makeshift camps in the West Timor
regencies of Atambua and Kupang. During the year, tens of thousands of
East Timorese refugees were repatriated to their homeland, bringing the
number who had returned from (Indonesian) West Timor since 1999 to more
than 220,000 persons. The Government and UNHCR stated that at year's
end, the remaining East Timorese in West Timor would no longer be
considered refugees.
As of June, the World Food Program estimated the number of IDPs in
the country at 1,413,708. In July the Norwegian Refugee Council (NRC)
put the figure at 1,300,000. Other sources provided lower estimates.
The NRC reported that most IDPs resided in the Moluccas, Sulawesi,
Java, North Sumatra, West Kalimantan, Papua, and Aceh. Some NGOs
partially blamed internal displacement on transmigration programs aimed
at reducing demographic disparities between different parts of the
country. The relocation of large groups of persons, particularly from
Java, to under-populated areas led to ethnic imbalances, land disputes,
and tensions that were difficult to contain. Separatist struggles
underpinned the displacement in Aceh and Papua, while in Central
Sulawesi and the Moluccas, interreligious violence caused displacement.
During the year, tens of thousands of Indonesian workers who were
forced to leave Malaysia following its crackdown against undocumented
workers were provided with shelters by the Government on Nunukan
Island, East Kalimantan. The shelters developed into squalid camps and
diseases spread by unsanitary conditions killed at least 70 persons.
Government aid was slow to reach the displaced workers on Nunukan.
However, it did arrive, and large number of persons eventually left the
island several months after the influx began.
In August World Vision reported that there were 2,000 IDP
households on the island of Madura, virtually all of whom had fled
Central Kalimantan following ethnic clashes in February 2001.
The Government restricted freedom of movement through a system of
``travel letters,'' which were required for travel within Maluku, Aceh,
and Papua. Enforcement was inconsistent. In parts of Papua, officials
required a travel letter for a resident to walk from one village to
another. Some residents complained that the system promoted police
graft, while others, including NGO activists, said the system ensured
that police always were informed of their activities.
The Government briefly sought to restrict rural migrants from
settling in the overcrowded capital city area, but the effort yielded
little result. In April the Governor of Maluku Province banned
foreigners from visiting to prevent outside provocateurs from
aggravating the sectarian conflict there; however, he made a number of
exceptions to accommodate foreign aid workers. In July in North Maluku,
for the same reason, authorities reportedly declared the province
closed to outsiders whose identities were ``ambiguous.'' The Government
continued to attempt to ban foreigners from traveling to areas with
secessionist conflicts like Aceh and Papua, and also to Central
Sulawesi.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides for general elections every 5 years. In
August the MPR amended the Constitution to introduce direct elections
for the President and Vice President beginning in 2004. It also
stripped the military and police of uncontested seats in the DPR after
the 2004 general elections. During the year, the police and the
military continued to hold 38 unelected seats jointly in the DPR and 10
percent of the seats in provincial and district parliaments ostensibly
as compensation for not having the right to vote in elections.
DPR members automatically were members of the MPR, which also
included 130 regional representatives who were elected by provincial
legislatures, and 65 appointed representatives from functional and
societal groups.
Domestic and international observers monitored the last elections
in June 1999, and generally considered them to be open, fair, and free.
Following the 1999 elections, the MPR, in a transparent manner, elected
Abdurrahman Wahid as President and Megawati Soekarnoputri as Vice
President. In July 2001, the MPR convened an ``Extraordinary Session''
to require President Abdurrahman Wahid, who was President at the time,
to account for his performance. Wahid refused to appear, claiming the
charges were politically motivated, and instead issued a directive to
``freeze'' the MPR, the DPR, the Golkar Party, and to hold new
elections. This exceeded his authority under the Constitution, and the
military and police refused to enforce these measures. On July 23,
2001, the MPR canceled Wahid's mandate, and Vice President Megawati
replaced Wahid as President as provided by law.
During the year, the legislative branch asserted its constitutional
prerogatives, including its right to review government proposed
legislation, to question and challenge the President and members of the
Cabinet, and to provide a forum for public debate and presentation of
grievances. However, cumbersome procedures and a lack of staff
expertise hampered the DPR's ability to enact legislation. At year's
end, there was a significant backlog of pending legislation concerning
important political and economic issues.
The MPR has the right to amend the Constitution and issue decrees,
functions that it undertook in the first of its newly instituted
``Annual Sessions'' held in August 2000. A key demand of the reform
movement was an overhaul of the 1945 Constitution, which was perceived
to have fostered the development of past authoritarian regimes. In the
First Amendment of the Constitution, the 1999 MPR passed curbs on
executive power, including a limit of two 5-year terms for the
President and Vice President. At the same time, the MPR empowered an
ad-hoc working committee to consider further amendments and to draft
MPR decrees. This effort resulted in the adoption of the Second
Amendment to the Constitution during the annual session in August 2000.
The Second Amendment included many important changes, including
provisions for protections of human rights modeled closely on the U.N.
Universal Declaration of Human Rights, regional autonomy, and further
separation of powers. During its November 2001 session, the MPR amended
the 1945 Constitution to provide, among other changes, for direct
presidential and vice-presidential elections, a bicameral legislature
with a regional representative's chamber, and a constitutional court
with the power of judicial review of legislation.
In August the MPR approved the Fourth Constitutional Amendment,
which specifies that candidates for President and Vice President are to
run together on a single ticket. It provides for a second round of
direct voting if no one candidate gets a majority of votes cast, as
well as at least 20 percent of the vote in half of the provinces. The
MPR retained the authority to amend the Constitution but was no longer
empowered to establish the broad guidelines of state policy. The 1999-
2002 amendments, if fully implemented, would make the President and the
Vice President directly accountable to constituents.
All adult citizens were eligible to vote, except active duty
members of the armed forces, persons in prison convicted of crimes
punishable by over 5-years' incarceration, persons suffering from
mental disorders, and persons deprived of voting rights by an
irrevocable verdict of a court of justice. Former members of the banned
Indonesian Communist Party (PKI) may not run for office.
There were no legal restrictions on the role of women in politics.
A woman, Megawati Soekarnoputri, served as President, the highest
political position in the country (see Section 5). However, women
accounted for only 2 of the 30 Cabinet Ministers and 45 of the 500 DPR
members, while 7 of the 40 Supreme Court Justices were women. In August
and September, women's activists, female legislators, and the Minister
of Women's Empowerment called for 30 percent of legislative seats to be
set aside for women to address this imbalance. On December 23, in her
Women's Day Speech, President Megawati stated her opposition to the
proposed quota. The DPR rejected the quota proposal included in the
political party law that would have required parties to put forward
women for 30 percent of available elective offices.
In Papua, as part of the province's Special Autonomy status, 30
percent of seats in the proposed Papuan People's Council were slated
for women. The council, however, had not been formed yet, and Papua's
provincial legislature did not pass implementing regulations in support
of the Special Autonomy Program by year's end.
There were no legal restrictions on the role of minorities in
politics. Javanese and Sundanese held many key positions, including all
but one of the civilian Cabinet level posts for political and security
affairs. Java and Madura accounted for approximately 60 percent of the
Cabinet, which corresponded to their percentage of the population.
Section 4. Governmental Attitude Regarding International and
NonGovernmental Investigation of Alleged Violations of Human
Rights
Domestic NGOs were subject to monitoring, abuse, and interference
by the Government; however, they remained active in advocating
improvements to the Government's human rights performance. Many NGOs,
particularly those in Papua, accused the security forces of sabotaging
their activities, and stated that this prevented exposure of many human
rights violations. During the year, organized groups attacked members
or offices of a number of NGOs and related organizations, including ELS
HAM, Humanika, KOMNASHAM, Kontras, PBHI, and the Urban Poor Coalition
(UPC).
On March 13, between 300 and 500 members of the military-backed
Solidarity Group for Families of Victims of Bloody Cawang (SWAKARSA)
raided the Jakarta office of Kontras, injured two staffers, destroyed
office equipment, and stole documents. The attack came a day after
members of a militia-organized group, Forum Eksponen 1998, visited the
office and demanded to know why Kontras had taken part in a recent
demonstration outside the home of former Armed Forces Commander
Wiranto. Human rights activists alleged the military instigated the
attack. On March 28, hundreds of unidentified persons attacked UPC
members at the Jakarta office of KOMNASHAM. The attackers clubbed women
and children, and one held a knife to the throat of UPC's coordinator,
Wardah Hafidz. Fifteen UPC members needed medical attention. Some of
the attackers said they belonged to the Betawi Brotherhood Forum (FBR),
but it was unclear whether they were in fact members.
On May 26, in Banda Aceh, a fire destroyed dozens of mostly wooden
homes, many of them rented by human rights activists. Hundreds of
security force members, particularly Brimob, appeared quickly on the
scene, and some activists voiced suspicions regarding their sudden
appearance.
On September 27, TNI Chief Endriartono Sutarto said the military
planned to sue the Papua-based NGO ELS HAM for ``libel against our good
name.'' After the NGO told reporters that Kopassus troops were
implicated in the August 31 ambush near Timika that killed three
persons. ELS HAM also alleged that security force intelligence agents
had threatened to kill members of its staff. On October 12, unknown
persons ransacked ELS HAM's Jakarta office and stole computer disks.
On December 28, in Papua, near the border with Papua New Guinea, a
group of unidentified gunmen fired on a vehicle carrying several family
members of Johannes Bonay, Executive Director of ELS HAM. At least
three occupants were wounded. A TNI commander reportedly blamed the
attack on OPM, but a rebel official reportedly denied that the group
would attack fellow Papuans. Also in December, the Government rejected
a Council on Foreign Relations visit to Papua, after objecting to its
focus on pro-independence groups and human rights activists, which the
Government viewed as support for Papuan separatist efforts. In the
aftermath of the Bali bombings, the Government also reportedly believed
that the proposed visit presented security risks.
Early in the year, lawyers linked to the military took over the
Indonesian Legal Aid Institute Foundation (YLBHI), parent organization
of the Legal Aid Foundation (LBH). By year's end, LBH offices in Medan,
Padang, Lampung, Palembang, and elsewhere were near financial collapse.
A police investigation into the alleged August 2000 kidnaping of
four members of a Bandung, West Java-based NGO, the Agrarian Reform
Council (KPA), concluded that the ``kidnaping'' was staged by KPA
itself in an attempt to discredit the security forces. Kontras, which
assisted KPA legally, discontinued its involvement in the case.
The Government generally viewed outside investigations or foreign
criticism of its human rights record as interference in its internal
affairs. The security forces and intelligence agencies tended to regard
foreign NGOs with suspicion, particularly those operating in conflict
areas. Several NGOs, including Peace Brigades International (PBI),
reported an increase in government monitoring of foreigners in conflict
areas. Some domestic NGOs expressed concern about possible negative
consequences of contacting foreigners.
A number of government agencies and affiliated bodies addressed
human rights issues, including the Ministry of Justice and Human
Rights, the Ministry of Foreign Affairs, the Ministry of Women's
Empowerment, and KOMNASHAM. Some activists complained that the division
of government responsibilities was unclear and hindered progress in
safeguarding human rights.
On July 8, the DPR announced the selection of 23 KOMNASHAM members,
5 of whom were members of the previous panel. Some activists said
obstructionists within KOMNASHAM systematically weakened the Commission
by suppressing probes and arranging for human rights cases to be
transferred to the police. The law provides KOMNASHAM statutory
authority to write legislation and allows for a membership of 35.
However, the DPR selected only 23 persons. It was unclear how, or
whether, the remaining 12 seats would be filled. Critics faulted the
legislators for passing over a number of outspoken human rights
campaigners. The law also provides KOMNASHAM with subpoena powers.
Disputes that were settled by written agreement through the Commission
were enforceable legally in court. The law does not give KOMNASHAM the
power to enforce its recommendations, however, and in July one former
member reported that the Government ignored over 80 percent of the
panel's recommendations.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution does not explicitly forbid discrimination based on
gender, race, disability, language, or social status. It provides for
equal rights for all citizens, both native and naturalized. In
practice, however, the Government failed to defend these rights
adequately, and the basic rights of women and children were frequently
abused. The Government did little to defend the rights of persons with
disabilities.
Women.--Violence against women remained poorly documented, and NGOs
estimated that only 15 percent of domestic violence incidents were
reported. On July 17, the Minister of Women's Empowerment said the
number of domestic violence incidents had increased 29 percent from the
previous year. The NGO Mitra Perempuan reported 111 cases of domestic
violence in Jakarta and its suburbs during the first half of the year.
In September Jakarta's biggest hospital, Cipto Mangunkusumo, admitted
72 women injured in domestic violence. It was unknown how many spouses
were prosecuted for domestic violence due to the fact that police
refused to provide relevant information. The UPC studied the problem of
domestic violence and concluded that domestic violence was more common
than before the 1997-98 financial crisis. Two types of crisis centers
were available to women in distress: government-run centers in
hospitals and NGO centers operated in the community.
Rape is an offense punishable by 4 to 12 years in jail, and the
Government jailed perpetrators for rape and attempted rape.
Comprehensive statistics were unavailable, but in the month of
September alone, Cipto Mangunkusumo admitted 56 women and 96 girls who
were raped and 106 girls who were assaulted sexually. Women's rights
activists speculated that these figures were lower than actual
occurrences of rape because the social stigma associated with rape
resulted in the underreporting of rape. The law does not treat rape by
a spouse as a crime, and requires penile penetration to constitute
rape. A women's activist in Aceh said that on several occasions during
the year, soldiers used bottles and other foreign objects to violate
local women; however, legally this was not considered rape, and no one
had been held accountable by year's end.
Rapes committed by members of the security forces were most
numerous in Aceh and other conflict zones (see Section 1.c.). In the
Papuan provincial capital of Jayapura, human rights activists said at
least 82 documented crimes against women and children were committed
during the year, including 8 rapes by soldiers or police. A senior
police official in Jayapura, however, denied that any of his officers
had committed rape. At some police stations the burden of rape was
placed on the victims, with posters that exhorted women not to wear
revealing clothing lest they be raped.
During the year, some Acehnese women turned down marriage proposals
by security force members, only to have their parents threatened. Women
who did become engaged to security force members sometimes became
targets for GAM rebels.
Women made some progress during the year in promoting awareness of
crimes against women. In July in Jayapura, Papua, LBH held an
interactive program over national radio, during which rape was
discussed. A police representative took part in the dialog.
Female genital mutilation (FGM), also known as female circumcision,
was practiced in some parts of the country. The NGO Population Council
Indonesia carried out an 18-month study of the nature and scope of FGM,
mainly in West Java and on the island of Madura. Researchers found that
although FGM was prevalent in those areas, the preliminary findings
suggested minimal short-term pain, suffering, and complications. Two
types of people performed the procedure: midwives and local traditional
practitioners. Researchers said the midwives' procedure involved the
tearing, cutting or piercing of part of the genitals, but not the
removal of tissue. Most of the local traditional practitioners, on the
other hand, said they customarily removed tissue, but the extent of
this removal remained unclear. Likewise, it was unclear whether the
removed tissue was from the clitoris, labia minora, or elsewhere. Some
NGO activists dismissed any claims of mutilation, saying the ritual as
practiced in the country was largely symbolic, and involved softly
touching a young girl with a metal blade, or at worst, nicking her.
During the year there were reports that in some areas of the
country, parents encouraged their daughters to work as prostitutes in
large urban areas. Trafficking in women and young girls was a serious
problem (see Section 6.f.).
Sexual harassment was not a crime, but ``indecent behavior'' was
illegal. The law reportedly only covers physical abuse and requires two
witnesses.
The Guidelines of State Policy, legal statutes adopted by the MPR,
explicitly state that women have the same rights, obligations, and
opportunities as men. However, the guidelines 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 designates the man as the head of the family.
Divorce was a legal option open to both men and women. Muslims who
sought a divorce generally had to turn to the Islam-based family court
system. Non-Muslims obtained divorce through the national court system.
Women often faced a heavier evidentiary burden than men, especially in
the family court system. Many divorcees received no alimony, as there
was no system to enforce alimony payments. The Citizenship Law states
that a child's citizenship is derived solely from the father. Children
of citizen mothers and foreign fathers were considered foreigners, and
required visas to remain in the country until 18, at which age they
could apply for citizenship. These children were prohibited from
attending public schools, and many were forced to attend private
international schools. In cases in which a citizen mother lived abroad
with her foreign husband, a break-up sometimes caused severe child
custody problems. The children of foreign women married to Indonesian
men also faced difficulties. A foreign woman married to a citizen could
obtain Indonesian citizenship after 1 year, if she desired.
In Papua, as part of the province's Special Autonomy status, 30
percent of seats in the proposed Papuan People's Council were slated
for women. The Council, however, had not been formed yet, and Papua's
provincial legislature did not pass implementing regulations in support
of the Special Autonomy Program by year's end.
In Aceh there was no compelling evidence to suggest that women's
rights were undermined when the province gained authority to implement
Shari'a during the year. However, in January police in Banda Aceh
stopped a number of women who were riding on motorbikes and not wearing
headscarves. If the woman was a Muslim, the police gave her a
headscarf, but did not force her to wear it. This practice did not last
long. Women's rights activists reportedly succeeded in halting a plan
to create a scarf compulsory zone elsewhere in Banda Aceh.
Women suffered disproportionately from poor health and illiteracy.
According to UNICEF, the illiteracy rate among women was 18 percent,
compared to 8 percent among men.
A number of regulations that discriminate against women remained in
place during the year. At a May 22 forum in Jakarta on the role of the
military, an activist criticized the TNI's longstanding practice of
requiring female applicants to the military academy to prove they were
virgins; males were not asked to meet this requirement.
Although some women had a high degree of economic and social
freedom, most remained at the lower end of the socioeconomic scale. The
Government stated that 38 percent of civil servants were women, but
that only 14 percent of these women held positions of authority.
Despite laws that provide women with 3 months of maternity leave,
employers sometimes replaced pregnant women while they were on leave
from their jobs.
In manufacturing, employers traditionally steered female workers
toward lower-paying, lower-level jobs. Many female factory workers were
hired as day laborers instead of as full-time permanent employees, and
companies were not required to provide benefits, such as maternity
leave, to day laborers. According to the Government's Central
Statistics Bureau, in May 2002, the unemployment rate for men was
higher than that for women. If a husband and wife both work for a
government agency, the couple's head-of-household allowance is given to
the husband. There were reports that female university graduates
received an average salary that was 25 percent less than their male
counterparts.
The Indonesian Women's Association for Justice facilitated public
awareness programs in Jakarta to educate young women regarding the
dangers of trafficking. The NGO Mitra Perempuan operated a hotline to
record abuse cases and help abused women. There were many other NGOs
that addressed women's issues, including Yayasan Humi Inana and the
International Catholic Migration Commission (ICMC).
Children.--The Government stated its commitment to children's
rights, education, and welfare, but devoted insufficient resources to
fulfill that commitment. Poverty put education out of the reach for
many children. Child labor and sexual abuse were serious problems
during the year (see Sections 6.d. and 6.f.). Among girls aged 7 to 12,
7 percent, or 923,000, did not attend school. Although girls and boys
ostensibly received equal educational opportunities, boys were more
likely to finish school. Hairiah, a noted rights activist in West
Kalimantan, said many parents could not afford to educate all of their
children, and concentrated their resources on their sons.
The Government estimated the number of prostitutes under the age of
18 at 49,500, but the actual number may have been much higher. At the
country's biggest red light district, in Surabaya, 40 percent of the
prostitutes were under the age of 18. Malnutrition was a growing
problem, and more than 70,000 children lived on the streets (see
Sections 6.d. and 6.f.).
The Government made some progress in protecting children during the
year. On August 13, the President approved a National Action Plan on
the Elimination of the Worst Forms of Child Labor. The plan consisted
of 5-, 10- and 20-year goals that included raising awareness, policy
development, and intervention to eliminate the worst forms of child
labor (see Section 6.d.). On September 23, the DPR passed the National
Child Protection Act, which addresses economic and sexual exploitation,
including child prostitution, trafficking in children, and the
involvement of children in the narcotics trade. The legislation also
covers adoption, guardianship, and custody, and requires parents who
wish to adopt to practice the same religion as the child. The Ministry
of Women's Empowerment, responsible for children's issues, opened up
the bill to NGO input. On August 16, President Megawati announced the
upcoming education budget, which was $1.46 billion (13.6 trillion
rupiah), or less than 4 percent of total government spending. Education
experts welcomed the 15 percent increase over the previous year's
allocation; however, legislators and officials of the Ministry of
National Education stated they would seek a significant additional
increase. In August the MPR amended the Constitution to stipulate that
a minimum of 20 percent of total state and regional budgets would be
allocated to education.
By law children are required to attend 6 years of elementary school
and 3 years of junior high school. In practice, however, the Government
did not enforce these requirements. According to UNICEF, 96 percent of
children aged 7 to 12 were enrolled in school; among children aged 13
to 15, 79 percent were enrolled in school; and among children aged 16
to 18, 49 percent were enrolled in school.
The monthly fees for public schools varied from province to
province, and were based on average incomes. During the year, some
parents found it more difficult to afford the $1.20 (10,650 rupiah) to
$5.00 (44,374 rupiah) monthly fee that most public elementary schools
charged. It was unclear how many children were forced to leave school
during the year to help support their families. Conflicts disrupted the
education of many children during the year.
In Maluku and North Maluku, interreligious violence displaced
452,000 persons, many of them children. Some children attended classes
in makeshift classrooms at IDP camps. In August in the Maluku capital
of Ambon, UNICEF introduced its ``school in a box'' system to help
compensate for the destruction of 118 schools. Muslim-controlled areas
reported a severe shortage of teachers, as a majority of teachers in
the Moluccas were Christian, and many of them fled to Christian
controlled areas when the violence escalated. In Central Sulawesi,
bombings near schools disrupted education and displaced many of the
children. The provincial capital of Palu suffered a number of such
bombings, including two on September 19, which injured three persons.
Clashes among student groups also drew increased scrutiny during the
year.
The country's infant mortality rate remained high. According to the
Indonesian Child Welfare Foundation, there were 38 deaths for every
1,000 newborns during year. Some NGOs attributed the problem to poor
service at public health centers. The World Health Organization stated
that prenatal care in the country was poor.
Malnutrition remained a serious problem, particularly among younger
children. In 2001 UNICEF stated that 31 percent of the country's
children under the age of five were moderately or severely underweight.
This figure represented an increase from 26 percent recorded in 1999.
On July 29, Aris Merdeka Sirait, the Head of the National Committee
for Child Protection (KOMNAS PA), called attention to the plight of
child domestic workers. He estimated the child servant population at
1.8 million, based on 2000 data, and said such children faced sexual
harassment and physical abuse by employers, due mainly to the absence
of any legal protection (see Section 6.d.).
In December a study by Family Health International (FHI) estimated
the number of street children nationwide at 70,872. This was based on
data provided by the Government and a network of NGOs that cooperate
with Save the Children. Other sources provided higher estimates. East
Java, Jakarta, West Java, North Sumatra, and South Sulawesi Provinces
have the largest street children populations (see Section 6.f.).
Child abuse is not prohibited specifically by law; however, there
were no reliable sources on violence within families. Governmental
efforts to combat child abuse have been slow and ineffective due to
cultural sensitivities and a lack of monitoring mechanisms and
verification.
Accusations of trafficking surrounded some East Timorese children
who were in West Timor waiting to be reunited with their families. The
UNHCR stated that as of early October, approximately 540 East Timorese
children were still in West Timor. Many of the trafficking accusations
focused on the Java-based Hati Foundation run by Octavio Soares, nephew
of the last Governor of Indonesian East Timor. On July 4, Jesuit Relief
Services (JRS) Indonesia reportedly complained to authorities that the
Hati Foundation was obstructing its attempts to reunite East Timorese
children with their families, which the Hati Foundation denied. HRW
reported that requests for reunification of the children by the
parents, UNHCR, and the IRC were met with hostile resistance by Soares.
Other accusations centered on the Lemorai Foundation run by Hasan Basri
(see Sections 2.d and 6.f).
Child prostitution was pervasive during the year. NGO estimates of
the number of child sex workers in the country ranged from 40,000 to
300,000. Although some teenage girls entered the sex trade knowingly,
many were forced or tricked into the practice. At times law enforcement
officials treated child sex workers as perpetrators of crime, rather
than victims. The NGOs stated that fewer than 10 percent of child
prostitutes were rehabilitated successfully. Women's rights activists
and religious groups accused government officials, including police and
soldiers, of operating or protecting brothels that employed underage
prostitutes. During the year, there were reports that corrupt civil
servants issued identity cards to underage girls, facilitating entry
into the sex trade (see Section 6.f.).
Sexual exploitation of boys was a major problem in Bali, according
to NGOs active there. On July 24, in the city of Denpasar, 37 local
NGOs discussed the problem and urged the Government to deport foreign
pedophiles. Activists also described the island of Batam as a center
for child sexual abuse. On July 17, the Minister of Women's Empowerment
identified Medan and other parts of Sumatra as trouble spots for child
sexual abuse (see Section 6.f.).
Trafficking of children was a problem (see Section 6.f.).
There was no separate criminal justice system for juveniles.
Ordinary courts handled juvenile crime, and juveniles often were
imprisoned with adult offenders. The KOMNAS PA stated that more courts
were starting to involve social workers in children's trials to
safeguard children's rights. At year's end, the Government still had
not implemented a Juvenile Justice Law, which was approved in 1997 to
establish a special court system and criminal code to handle juvenile
cases.
A number of NGOs promoted children's rights. The National
Commission for the Protection of Children's Rights (KOMNAS ANAK)
campaigned for legislation to protect children. Save The Children
worked with street children, while the Institute for Advocacy of
Children (Lembaga Advokasi Anak Indonesia) struggled to end child
exploitation on fishing platforms.
Persons with Disabilities.--The law mandates access to buildings
for persons with disabilities; however, the Government generally did
not enforce these provisions. The Disability Law requires companies
that employ over 100 workers to set aside 1 percent of their positions
for persons with disabilities. However, the Government did not enforce
the law or pressure any company to comply, and persons with
disabilities faced considerable discrimination. The law also mandates
accessibility to public facilities for persons with disabilities;
however, extremely few buildings and virtually no public transportation
facilities provided such accessibility. Recent statistics on the
disabled population were not available. In 1999 the U.N. estimated that
5.43 percent of the population (about 10 million persons) was disabled,
while the Government put the number at 3 percent (6 million persons).
The Government groups persons with disabilities into four categories:
the blind, deaf, mentally disabled, and physically disabled. The
Constitution requires the Government to provide them with care;
however, ``care'' was not defined, and the provision of education to
disabled children was never inferred from the requirement.
On May 20, hundreds of supporters of an advocacy group, the Forum
of Struggle for the Disabled (Forpadi), rallied in the West Java city
of Bandung; they accused government institutions and state universities
of failing to provide facilities for the disabled. In October a
workshop in Jakarta focused on political empowerment of the disabled.
Members of the Indonesian Blind People's Association (Pertuni) and the
Indonesian Disabled Association (PPCI), among others, called for
revisions to the election bill to protect the rights of the disabled.
Some called on the Government to provide ballot papers in braille.
Facilities such as wheelchair ramps existed mainly in the larger
cities, including Jakarta and Yogyakarta. On July 1, eight blind
applicants to the University of Indonesia took the entrance examination
in Jakarta; it was unclear whether any had been accepted at year's end.
However, the Indonesian Union of the Blind (PERTUNI) stated there were
a number of blind students studying during the year at public
universities, including Jakarta State University.
The law theoretically provides children with disabilities the right
to an education and rehabilitative treatment. However, many young
persons with disabilities encountered difficulties in receiving an
education and rehabilitative treatment; some resorted to begging for a
living. According to a UNICEF report in 2000, there were approximately
2 million children with disabilities between 10 and 14 years of age.
NGOs were the primary providers of education for disabled children.
There were 1,084 schools for persons with disabilities; 680 were
private and 404 were government operated. Of the Government schools,
165 were ``integrated,'' serving both regular and special education
students. The Government also ran three national schools for those with
visual, hearing, and mental disabilities.
Indigenous Persons.--The Government views all citizens as
``indigenous,'' with the notable exception of ethnic Chinese; however,
it recognizes the existence of several ``isolated communities'' and
their right to participate fully in political and social life. The
Government estimated the number of persons in isolated communities at
1.5 million. This included such groups as the Dayaks of Kalimantan,
families living as sea nomads near Riau Province and South Sulawesi
Province, and indigenous groups in Papua, where the Government in July
revised the official count of tribes from 250 to 312.
Previous improvements in the legal framework, such as the
Government's acknowledgement of traditional land rights, did not
translate into significant improvements for indigenous people, who
remained subject to widespread discrimination during the year.
Representatives of indigenous communities complained that religious
courts continued to deny the legal status of indigenous belief systems.
NGOs stated that mining and logging activities frequently violated the
rights of indigenous people, and that many violations resulted from the
Government denying indigenous people their ownership of ancestral land,
as well as the erosion of their traditional social structure.
Exploitation of rainforest resources contributed to the erosion of
traditional land rights, particularly in Papua and Kalimantan. The
Government failed to stop domestic and multinational companies from
encroaching on indigenous people's land, often in collusion with the
local military and police. On May 16, the Head of Papua's Social
Welfare Office said excessive logging was pushing at least 51 isolated
tribes living in eastern parts of the province to near extinction.
Logging companies drove the tribes to mountainous areas around the
Mamberamo River. On April 22, in Central Sulawesi, more than 100
indigenous people protested plans by a subsidiary of a multinational
mining company to open a gold mine on land traditionally inhabited by
the Poboya people, in the Kambuno mountains. In July the Government
accused copper and gold mine operator PT Freeport of polluting two
Papuan rivers that served as a water source for thousands of indigenous
people near the towns of Tembagapura and Timika.
In Southeast Sulawesi, the Moronene people continued their decades-
old struggle to secure government recognition of their claim to
ancestral land in what is now the Rawa Aopa Watumohai National Park. On
May 1, the Brimob raided the villages of Hukaea and Laea, detained 11
residents, and relocated 147 others. The Moronene, however, soon
returned to their villages. Plans to permanently relocate them were
hindered by the fact that the land set aside for them already was
occupied by other civilians.
In Papua tension continued between indigenous Papuans and migrants
from other provinces. Some in the indigenous community accused the
newcomers of price gouging and condescension, while some newcomers said
indigenous Papuans treated them with resentment and suspicion. During
the year, many indigenous Papuans expressed alarm over the influx of
migrants who were displaced by violence in the Moluccas and Central
Sulawesi. Some indigenous people also expressed concern about the
increasing presence of LJ, the Java based Islamic extremist group,
fearing that its members would team up with nationalist militiamen to
fight proindependence Papuans under the banner of protecting Muslims
and the country's unity.
On January 1, the Papua Special Autonomy Law took effect, formally
giving the province the right of self-governance, except in the fields
of foreign affairs, defense, some monetary matters and judicial
appeals. Under the law, only indigenous Papuans can be elected as
Governor and Vice Governor, or as members of the planned Papua People's
Assembly or the existing regional legislature, the Papuan Provincial
Legislative Council (DPRD). Although the central government considered
the law generous, many Papuans were skeptical of any arrangement that
kept their homeland a part of the country. Many Papuans continued to
complain they were treated as second-class citizens in their own land
and that they were forced to follow a foreign culture. By year's end,
the DPRD had not passed most of the law's implementing regulations, and
the effect of special autonomy was unclear.
Human rights activists stated that the Government-sponsored
transmigration program violated the rights of indigenous people, bred
social resentment, and encouraged the exploitation of natural resources
on which many indigenous persons relied. Some human rights activists
said the Government used transmigration as a political tool to increase
the number of nonindigenous persons in certain areas, in part to
preclude secessionist movements. In some areas, such as parts of
Sulawesi, the Moluccas, Kalimantan, Aceh, and Papua, relations between
transmigrants and indigenous people were hostile. In December in Papua,
an OPM unit attacked a migrant settlement and raised the separatist
flag until TNI reinforcements arrived. Indigenous groups in various
parts of the country said they received less government support than
transmigrants, and transmigrants claimed that in some cases they were
moved to areas with undesirable land, or where the land's ownership was
in dispute.
Tensions continued in West and Central Kalimantan between
indigenous Dayaks and Madurese migrants over land issues, economic
opportunity, and cultural differences (see Section 1.a.). The Madurese
community in Kalimantan developed around an earlier group of
government-sponsored transmigrants, although the majority of Madurese
in the area migrated spontaneously. In West Kalimantan, an estimated
30,000 Madurese were unable to return home during the year. On May 26,
the decapitation of a 65-year-old Madurese man prompted the exodus of
dozens of ethnic Madurese families from the Kapuas district of Central
Kalimantan. It was unclear who was responsible for the killing. The
People's Congress of Central Kalimantan advised the Madurese who had
fled to wait between 5 and 25 years before returning.
Members of the Betawi ethnic group, which is indigenous to Jakarta,
clashed on several occasions with ethnic Madurese during the year. In
one such clash on July 15, fighting in the city's Cakung district left
three persons with stab wounds and a number of homes destroyed.
National/Racial/Ethnic Minorities.--The Government officially
promotes racial and ethnic tolerance.
Ethnic Chinese accounted for approximately 3 percent of the
population, by far the largest nonindigenous minority group, and played
a major role in the economy. During the year, there were instances of
discrimination and harassment. In July in the East Java regency of
Garut, an ethnic Chinese businessman reportedly borrowed money from a
number of persons, including police and soldiers, but when he was
unable to repay his debts, regency officials summoned representatives
of the Chinese community and informed them that the community would
have to cover the debts. Central government officials later demanded an
explanation from the regency officials, and a Chinese community
organization, Paguyuban Marga Tionghoa, lodged a complaint.
To obtain a passport, business license, or credit card, or to
enroll a child in school, a Chinese-Indonesian must first show a
Republic of Indonesia Citizenship Certificate (SBKRI), a document not
required of non-Chinese-Indonesians. This requirement provided an
extortion opportunity for the many bureaucratic institutions involved
in the issuance process. In May a controversy surfaced after a Chinese-
Indonesian badminton champion was unable to obtain an SBKRI, which he
needed to travel to China to compete. Only the President's personal
intervention enabled him to obtain the SBKRI and to participate in the
competition.
The Indonesia Anti-Discrimination Movement (GANDI) and other
advocacy groups urged the Government to repeal dozens of laws that
discriminate against Chinese-Indonesians, including one which prevents
mixed-religion marriages.
Chinese language books and music were freely available, and Chinese
songs often were heard on radio and TV (see Section 2.a.).
During the year, some Chinese-Indonesians complained that the
Government had not done enough to investigate the 1998 violence against
Chinese-Indonesians and their businesses.
Indigenous Papuans complained that they were underrepresented in
the civil service of that province and that government officials
discriminated against them. Others expressed fear that the Brimob
forces aimed to eradicate indigenous Papuans; however, there were no
reports during the year of politically motivated killings.
In Kalimantan, indigenous Dayaks faced discrimination in obtaining
civil service jobs and generally were worse off economically than
transmigrants. Ethnic Madurese transmigrants, who had clashed
frequently with Dayaks in the province, complained that they were
driven off of their land and that the Government seemed uninterested in
their plight.
Section 6. Worker Rights
a. The Right of Association.--The Labor Union Act provides broad
rights of association for workers. The law stipulates that 10 or more
workers have the right to form a union. Union membership must be open
to all workers, regardless of political affiliation, religion,
ethnicity, or gender. 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 representatives. The
Government records, rather than approves, the formation of the union
and provides it with a registration number. In addition, the law
provides that union dues must finance union activities, but does not
indicate how dues should be collected or whether management has a role
in collecting dues.
Employers criticized the provision which permits 10 workers to form
a union, claiming that it encouraged the creation of too many unions,
which complicated collective bargaining and increased the possibility
of strikes. A regulation requires that police be notified of all
meetings of five or more persons of all organizations outside offices
or normal work sites. The regulation applies to union meetings. The
police periodically showed up uninvited at labor seminars and union
meetings, which often had an intimidating effect.
Under the law and registration regulations, more than 60 union
federations notified the Ministry of Manpower and Transmigration of
their existence. In addition, thousands of workplace-level units
registered with the Ministry, although some unions complained of
difficulty in registering.
During the year, the Government presented two important labor bills
to the DPR: the Manpower Development and Protection Act and the Labor
Disputes Act. Unions and employers criticized aspects of each bill.
Some provisions did not appear to be in accordance with international
labor standards, including bureaucratic conditions for legal strike
actions and requirements for employers to pay workers who strike
legally. In September the DPR delayed consideration of the bills.
Meanwhile, the chamber repealed the Suharto-era Labor Act of 1997. The
failure to pass new labor legislation to replace outdated and
inadequate laws left the industrial relations environment in a state of
uncertainty.
Although government regulations prohibited employers from
discriminating against or harassing employees because of union
membership, there were credible reports of employer retribution against
union organizers, including dismissals, that was not prevented
effectively or remedied in practice. Some employers warned employees
against contact with union organizers. Some unions claimed that strike
leaders were singled out for layoffs when companies downsized.
In 2000 the Indonesian Prosperity Trade Union (SBSI) documented 135
cases in which companies violated workers' right to organize by
intimidating, punishing, or firing SBSI members because of their
affiliation with the union or because they attempted to organize SBSI
units within their factories.
In May the management of wood products company PT Taiwi Sidangali
in Ternate, North Maluku, fired union leaders and reportedly organized
local officials to threaten workers and their families to stop attempts
to establish a union branch. Uniformed army members reportedly beat the
union officials when the latter attempted to speak with the employer
about the intimidation, according to the Solidarity Center and the
union. Police then jailed the union organizers. In September the
International Federation of Building and Wood Workers (IFBWW) launched
an international appeal for Muhammed Opu, who was convicted in August
for antisocial acts by the Tarakan District Court and sentenced to 6
months in prison. By the end of the year, several other union members
also awaited trial for the same alleged antisocial acts.
The Confederation of All Indonesian Trade Unions (KSPSI), formed by
the Government-directed merger of labor organizations in 1973, is the
oldest trade union organization and remained the largest confederation.
The leader of KSPSI concurrently served as Manpower Minister. Some
employers and some unions questioned whether the dual role created a
conflict of interest, for example, in the drafting of the new labor
laws.
The law allows the Government to petition the courts to dissolve a
union if its basis conflicts with the state ideology of Pancasila or
the Constitution, or if a union's leaders or members, in the name of
the union, commit crimes against the security of the State and are
sentenced to at least 5 years in prison. Once a union is dissolved, its
leaders and members may not form another union for at least 3 years.
The law does not address the adjudication of jurisdictional
disputes among multiple unions in a workplace, and existing laws and
regulations do not provide clear guidance on how jurisdictional
disputes should be handled. Such ambiguity occasionally led to clashes
between unions.
The law recognizes civil servants' freedom of association and right
to organize. Employees of several ministries announced that they would
form their own employee associations, and union organizations began to
seek members. Unions also sought to organize state-owned enterprise
(SOE) employees, although they encountered some resistance from
enterprise management, and the legal basis for registering unions in
SOE's remained unclear. The Government no longer required teachers to
belong to the Teachers' Association (PGRI), which previously served as
a mechanism for government control over teachers, and some teachers
carried out demonstrations and strikes. Teachers may join other unions
or form their own union.
During the year, there were several cases in which workers damaged
property and were not arrested. On September 24, several thousand labor
demonstrators protested draft labor legislation and destroyed the gates
to the DPR. In addition, there were disputes, which sometimes became
violent, among different unions represented in the same company. Groups
claiming to represent labor also at times resorted to violence. For
example, in September thousands of teachers in Bandar Lampung, who
tried to enter the office of the mayor, clashed with security forces.
The law stipulates that unions may affiliate and cooperate with
international trade unions and organizations. The KSPSI maintained
international contacts and was an affiliate of the Association of
Southeast Asian Nations Trade Union Council. SBSI was affiliated with
the World Confederation of Labor and some international trade union
secretariats. Other unions maintained contacts and affiliations with
international labor federations.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and the Manpower Ministry promoted
it within the context of Pancasila. The law allows for workers'
organizations that register with the Government to conclude legally
binding agreements with employers and exercise other trade union
functions. In companies without unions, the Government discouraged
workers from utilizing non-Government outside assistance, such as
during consultations with employers over company regulations. Instead,
the Manpower Ministry preferred that workers seek its assistance and
stated that its role was to protect workers. However, there were
credible reports that for many companies, consultations were
perfunctory at best and usually only occurred with management-selected
workers. There also were credible reports to the contrary from foreign
companies. According to government statistics, approximately 80 percent
of the factory-level KSPSI units had collective bargaining agreements.
The degree to which these agreements were negotiated freely between
unions and management, without government interference, varied. By
regulation, negotiations must be concluded within 30 days or be
submitted to the Manpower Ministry for mediation and conciliation or
arbitration. Most negotiations were concluded within the 30-day period.
According to regulations, agreements are for 2 years and can be
extended for 1 year.
According to NGOs involved in labor issues, the provision of
collective bargaining agreements in practice rarely went beyond the
legal minimum standards established by the Government, and the
agreements often were presented to worker representatives for signature
rather than negotiation.
All organized workers except civil servants have the legal right to
strike. State enterprise employees rarely exercised this right, but
private sector strikes were common. Before a strike can legally occur
in the private sector, the law requires intensive mediation by the
Manpower Ministry and prior notice of the intent to strike, but no
approval is required. In practice, workers and employers rarely
followed dispute settlement procedures. Workers rarely gave formal
notice of the intent to strike because Manpower Ministry procedures
were slow and had little credibility among workers. Sudden strikes
usually resulted from longstanding grievances, attempts by employers to
prevent the formation of union branches, or denial of legally mandated
benefits or rights.
Strikes frequently occurred during the year across a wide range of
industries. From January to October, the Manpower Ministry recorded 194
strikes involving 84,555 workers. In addition, there was an increase in
worker demonstrations and strikes regarding severance pay, particularly
in Jakarta, West Java and East Java, related to an increase in company
closures during the year.
In July in Jakarta, teachers from Al Alzhar, an elite private
school, went on strike to demand higher pay. The school subsequently
fired 53 striking teachers. The two sides finally decided to take the
matter to court. On October 18, in the city of Tangerang, Banten
Province, hundreds of workers at a Korean-owned factory detained the
manager and his family for 5 days to demand that the company pay
legally required severance packages. The workers released the family
when the Korean manager agreed to their demands. According to a
November 2001 ILO report, management at the Shangri-La Hotel violated
worker rights when it dismissed 580 members of the Independent Worker's
Union (SPMS) for striking in December 2000. The ILO report criticized
the Government's overnight detention of 20 SPMS members for occupying
the hotel lobby during the strike, and characterized the detention as
``an obstacle to the exercise of trade union rights.'' The ILO called
on the Government to require the hotel to rehire the fired workers. In
March the Jakarta Administrative Court reversed the decision of the
local labor dispute resolution committee and ruled that the Jakarta
Shangri-La Hotel must rehire 79 workers who did not sign severance
agreements. Approximately 500 other workers reportedly signed severance
agreements only after they were pressured by the hotel. The hotel
stated it would appeal the decision. On December 19, the Supreme Court
ruled in favor of the hotel's appeal, invalidating the order to rehire
the workers. In January according to the AFL-CIO's Solidarity Center,
authorities in the Central Java City of Semarang imprisoned six
activists from the National Front for Indonesian Workers' Struggle
(FNPBI) on criminal charges of ``unpleasant acts'' after they led a
strike for workers' legal rights in October 2001 at PT Wira Petro
Plastindo. According to the Solidarity Center, the activists remained
in jail for 6 months before they were released.
Labor activists alleged that factory managers in several locations
employed Pancasila Youth, a group with reported links to Brimob, to
intimidate and assault trade union members. In January, according to
the FNPBI, Pancasila Youth members intimidated workers and beat an
FNPBI activist at a latex factory in Sunggal, North Sumatra. According
to FNPBI, no one was held accountable for the beating by year's end.
In September a protest in Bandung against pending labor legislation
resulted in the arrest of 32 labor activists and demonstrators.
According to NGOs, authorities released 27 of the demonstrators after
charging them with misdemeanors. Authorities also released the
remaining five, but charged them with more serious offenses. Their
trials were ongoing at year's end. In May the Mojokerto District Court
in East Java sentenced three labor activists to 1 year in jail for
antisocial acts, following their efforts to organize a strike for meal
and transportation allowances. The Manpower Minister publicly
criticized the court's decision. On January 14, in Tangerang, the
District Court convicted and released the Deputy Chief of the Karya
Utama labor union, Hamdani bin Ijin from prison after sentencing him to
time served for stealing a pair of reject sandals produced by the
factory at which he formerly worked. Many other workers also wore the
reject sandals, a common practice at the factory, but they were not
arrested. Many viewed the conviction as politically motivated,
constituting an attempt to punish Hamdani for his labor activism. Also
in January, a Jakarta district court found labor activists Sofyan Bedot
and Surjito innocent of charges of ``antisocial behavior.'' According
to the Solidarity Center, the two men argued with managers from
footwear company PT Dwi Naga Sakti Abadi for an increase in the
workers' daily meal allowance. After the demands were made, the company
reportedly fired 35 union members, citing efficiency measures.
Regional and national labor dispute resolution committees
adjudicated charges of antiunion discrimination, and their decisions
could be appealed to the State Administrative Court. However, due to a
history of adverse decisions for labor and the long time necessary to
process disputes, sometimes requiring years, many unions believed that
these committees were not realistic alternatives for settling disputes.
As a result, workers frequently presented their grievances directly to
KOMNASHAM, the DPR, or NGOs. Administrative decisions in favor of
dismissed workers usually took the form of monetary awards, but rarely
reinstated workers. The law required that employers obtain the approval
of the labor dispute resolution committee before firing workers, but
employers often ignored the law in practice.
Since 1996 unions affiliated with the KSPSI had been able to
collect union dues directly through payroll deductions (the
``checkoff'' system), rather than having the Manpower Ministry collect
dues and transfer them to the KSPSI. Implementation of this system
remained uneven. Unions other than the KSPSI alleged difficulties in
having companies set up a check-off system for their members.
The police and military continued to be involved in labor matters,
although a shift away from open intervention and demonstrations of
force by uniformed troops to less visible measures continued.
There were seven export processing zones (EPZs) in the country.
Batam Island, near Singapore, was the largest. Labor law applies in
EPZs, although nongovernmental observers believed there was an
antiunion tradition in EPZs, and that practical enforcement of labor
laws was weaker in these zones. The Indonesian Metalworkers' Union
(SPMI) reported to the Solidarity Center that electronics manufacturers
in Batam frequently fired workers or encouraged resignations of workers
who attempted to form unions. The Solidarity Center also reported that
garment companies in Jakarta's two EPZs employed thugs to intimidate
and assault union organizers. According to information from the ILO, in
recent years unions had more success in organizing plants and
negotiating with companies in the Batam EPZ.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
labor, and the Government generally enforced this prohibition. The law
and regulations forbid bonded labor by children. The Government,
however, was not effective in eliminating forced child labor, which
remained a serious problem. A significant number of children worked
against their will in prostitution, pornography, begging, drug
trafficking, domestic servitude, and other exploitative situations,
including fishing platforms. NGO estimates of the number of child
prostitutes ranged from 40,000 to 300,000, reflecting the difficulty of
determining precise statistics. An ILO study indicated that in cases of
child prostitution in West Java, parents and other family members
commonly were complicit in forcing children to perform this type of
work.
The ILO estimated that along the North Sumatra coast approximately
500 children worked on wooden fishing platforms under inhumane
conditions. This represented a decrease from previous years. Children
working on platforms remained in near-isolation for up to 4 months,
without access to sanitary facilities or schooling. The platform
workers typically worked 12 to 14 hours per day and carried out
hazardous duties which were made even more dangerous by the fact that
most children on the platforms could not swim and risked falling into
the sea on a daily basis as well as being injured by net-lifting
equipment. In 1999 the Government stopped issuing permits to build new
platforms. The ILO and NGOs, in coordination with the Government, took
steps that helped reduce this problem.
Migrant workers made up a substantial portion of the workforce and
received limited protection from the Government. According to press
reports and research by the Solidarity Center, recruiters frequently
held migrant workers in holding centers (PJTKI) for months at a time
before sending them abroad. During their stay at holding centers,
migrant workers normally did not receive pay and recruiters often did
not allow them to leave the centers. In some instances, workers were
forced to pay recruiters for the cost of their forced stay, owing large
debts to the recruiters.
During the year, the Manpower Ministry revoked the licenses of 40
labor export companies for abuse of migrant workers and other
violations. In December police and Manpower officials freed women who
had been held forcibly in a migrant worker center near Jakarta (see
Section 6.f).
A Home Affairs Ministry decree requires that migrant workers sign
an agreement not to disclose difficulties encountered abroad, and, in
practice, the Government restricted the ability of migrant workers to
speak about abuses they faced overseas.
Forced labor and debt bondage was an issue in the informal sector.
Private employers, within the country and abroad, at times forced
household help to work without pay, for extremely low wages, or in
situations of debt bondage. NGOs and the press reported cases of
employers locking domestic workers within homes and physically and
sexually abusing them.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits children from working in hazardous
sectors including mining, skin diving, construction, prostitution, and
offshore fishing platforms, but the Government did not enforce these
laws effectively. Child labor was a serious problem in the country.
Government regulations and practice acknowledged that some children
must work for socioeconomic reasons. The law prohibits children under
15 from working more than 4 hours per day. Nevertheless, an estimated 6
to 8 million children exceeded this daily limit, by working in street
vending, mining, construction, and prostitution. There was little
government enforcement of the legal requirement that job seekers
between the ages of 13 to 15 years first obtain the consent of the
Government and a labor association before they begin to work.
During the year, the Government made efforts to strengthen the
legal basis for the protection of children from the worst forms of
child labor. On September 23, the National Assembly passed the National
Child Protection Act. The law specifically addresses economic and
sexual exploitation, including child prostitution, child trafficking,
and the involvement of children in the narcotics trade. The law
provides criminal penalties and jail terms for persons who violate
children's rights (see Section 5).
The National Action Committee to Eliminate the Worst Forms of Child
Labor drafted a National Action Plan, approved by presidential decree
in August. The Action Plan establishes a target to eradicate the worst
forms of child labor over a 20-year period, and specifies activities
for government support. In addition, the Government approved National
Action Plans on trafficking of women and children, and on the
commercial sexual exploitation of children. On December 23, President
Megawati signed the plans. Enforcement of child labor laws remained
ineffective during the year.
Despite legislative and regulatory measures, most children who
worked, including domestic work, did so in unregulated environments.
The ILO sponsored training of labor inspectors on child labor matters
under the International Program on the Elimination of Child Labor
(IPEC). According to the ILO, labor inspectors in Bandung, West Java,
identified and removed some child workers from hazardous conditions in
a shoe manufacturing shop during the year.
There were limited social programs to prevent exploitative child
labor, conducted with international assistance.
The country's laws and regulations adhere and make reference to the
standards set out in ILO Convention 102 on child labor.
More children worked in the informal, rather than the formal,
sector. Some children worked in large factories, but their numbers were
unknown, largely because documents verifying age could be falsified
easily. Some employers hired children because they were easier than
adults to manage, and less likely to organize or make demands on
employers. Children working in factories usually worked the same number
of hours as adults. Children also worked in the rattan and wood
furniture industries, the garment industry, the footwear industry, food
processing, toy-making, and in small mining operations.
Many girls aged between 14 and 16 worked as live-in domestic
servants. On July 29, the head of the National Committee for Child
Protection said that in 2000 an estimated 1.8 million children worked
as servants, up from 1.5 million in 1999. Many child servants were not
allowed to study and were forced to work long hours, received low pay,
and generally were unaware of their rights.
Forced or bonded labor by children occurred in some instances. A
declining number of children worked for months at a time on isolated
fishing platforms in North Sumatra (see Section 6.c.).
e. Acceptable Conditions of Work.--According to regulations,
provincial and district authorities, not the Government, establish
minimum wage levels, which vary by province, district, and sector.
Provincial authorities determined provincial minimum wage levels based
on proposals by tripartite (workers, employers, and government)
provincial wage commissions. Local districts set district minimum wages
using the provincial minimum wage levels as references. Minimum wages
rose significantly in recent years, and on average increased 28 percent
from 2001 to 2002. Jakarta had the highest minimum monthly wage at $67
(591,266 rupiah), while East Java had the lowest at $28 (245,000
rupiah). Despite recent increases, minimum wage levels in all but three
provinces remained below the levels required to provide the Government-
determined minimum living standards for a single person, which also
varied by province. On average across all provinces, the minimum wage
represented 86 percent of the minimum living need. In practice the
minimum wage often acted as a market wage, rather than a starting point
for salary negotiations. The setting of minimum wage levels often led
to protests from workers and employers. Employers complained that
workers' productivity gains did not match increases in minimum wages,
reduced the price competitiveness of products, and resulted in job
losses.
Government enforcement of minimum-wage regulations, along with
other labor regulations, remained inadequate, particularly at smaller
companies and in the informal sector. In practice official minimum-wage
levels applied only to the formal sector, which accounted for just 35
percent of the workforce.
Labor law and ministerial regulations provide workers with a
variety of benefits, such as social security. Persons who work at more
modern facilities often received health benefits, meal privileges, and
transportation.
According to the Solidarity Center, unions reported numerous
incidents in which companies reduced benefits when minimum wage levels
increased, in violation of government regulations. For example, in
February, 850 garment workers in the West Java city of Tangerang
launched a strike against manufacturer PT Hyun Indonesia because of its
reported intention to stop providing transportation and meal allowances
to workers, following minimum wage increases. The company then
suspended the legally required minimum wage increase.
The law establishes 7 or 8 hour workdays, with one 30-minute rest
period for every 4 hours of work. The law also requires one day of rest
weekly. The daily overtime rate was 1.5 times the normal hourly rate
for the first hour and two times the hourly rate for additional
overtime. Regulations allowed employers to deviate from the normal work
hours upon request to the Manpower Minister, and with the consent of
the employee. Workers in industries that produced retail goods for
export frequently worked overtime to meet contract quotas. Observance
of laws regulating benefits and labor standards varied between sectors
and regions. Employer violations of legal requirements were fairly
common and often resulted in strikes and employee protests. The
Manpower Ministry continued to urge employers to comply with the law.
However, in general, government enforcement and supervision of labor
standards were weak.
Both law and regulations provide for minimum standards of
industrial health and safety. According to the state-sponsored worker
insurance agency JAMSOSTEK, the number of work-related accidents
increased over the past 3 years, from 82,456 in 1999 to 108,774 in
2001. An official of the National Health and Safety Council, which was
tasked with supervising the implementation of health and safety systems
in almost 170,000 firms, told the press that they did not ``have enough
personnel to cover all enterprises,'' and urged companies to be self-
compliant. In most of the country's larger registered companies, the
quality of occupational health and safety programs varied greatly.
Health and safety standards in smaller companies and in the informal
sector tended to be weaker or nonexistent. Some foreign buyers also
promoted worker health and safety improvements within the operation of
their local suppliers. The limited number of qualified labor
inspectors, corruption in the inspection system, and the low level of
employee appreciation for health and safety practices severely hampered
the enforcement of health and safety standards. During the year, there
were numerous allegations of corruption on the part of inspectors.
Workers are obligated to report hazardous working conditions. Employers
are forbidden by law from retaliating against those who do report, but
the law was not enforced effectively. As a result, workers who removed
themselves from hazardous working conditions risked losing their job.
f. Trafficking in Persons.--The country does not have legislation
that exclusively addresses trafficking in persons, and persons were
trafficked to, from, and within the country during the year for the
purposes of prostitution, forced labor, and debt bondage.
During the year, the Government approved a National Action Plan to
counter trafficking of women and children. It includes provisions for
traffickers to be punished severely, and identifies specific roles for
the Government at both the national and local levels. In September the
Government also passed a Child Protection Act, which specifically
prohibits economic and sexual exploitation of children. This act
specifies criminal penalties and jail terms for persons who violate
children's rights, including trafficking in persons. The Government
also supported programs at two universities, in East and West Java, to
develop specific anti-trafficking legislation. In addition, the
Government reinvigorated a public education effort on trafficking,
which included placing programming with TV and radio outlets. It also
started the process of ratifying remaining U.N. protocols related to
trafficking and transnational organized crime. The Government formed a
team to draft a new trafficking bill.
Although the Criminal Code lacked a legal definition of trafficking
in persons, two organizations, the Solidarity Center and the ICMC,
identified articles of law that could be applied in cases of
trafficking and related offenses. The Penal Code prohibits trade in
women and male minors and provides for sanctions of up to 6 years in
prison. The law is silent on girls, and judges rarely sentenced
traffickers to more than 3 years in prison. Although related laws that
deal with crimes against decency were used against traffickers, arrests
were rare, and successful prosecutions were rarer. On June 27, in the
Sumatran city of Bandar Lampung, a court convicted a 53-year-old
trafficker of kidnaping a 14-year-old girl earlier in the year. The
woman had promised the victim a restaurant job but instead sent the
girl to a brothel.
The Government did not compile statistics on the number of persons
trafficked, and reliable figures were not available. The Indonesian
Women's Coalition for Justice and Democracy estimated that as many as
400,000 women and children were trafficked from the country during the
year. Another domestic NGO estimated that 20 percent of the country's
estimated 5 million migrant laborers were trafficked each year. The
majority worked as maids, construction, or plantation workers.
Prostitution was widespread and was the driving force behind
trafficking in persons. Although the Government generally interpreted
``crimes against decency/morality'' as applicable to prostitution, the
latter is not specifically mentioned the Penal Code. Official
statistics were not available, but NGOs estimated that as of 2001,
there were as many as 1.3 million prostitutes in the country. The
prevalence of fraudulent national identity cards contributed to the
trafficking problem.
The Government's 2001 ``Working Paper on the Efforts Against
Commercial Sexual Exploitation of Children in Indonesia'' acknowledged
that there have been reports of commercial sexual exploitation of
children in two-thirds of the country's 30 provinces. ``Back Street''
children provided sex and entertainment services in some neighborhoods,
urban parks, and cemeteries. More than 70,000 children lived on the
streets.
On August 28, in Indramayu, police arrested three suspected child
traffickers. The men were holding three girls, aged 14 and 15, who
allegedly were being sent to work at a brothel in Riau province. In
October in Indramayu, West Java, police apprehended a man and a woman
who allegedly were attempting to smuggle seven women to Losari, near
the city of Cirebon. The woman reportedly had opened a brothel. During
the year, many poor, ethnic Chinese women from Kalimantan married men
from Taiwan, sparking accusations of trafficking, but in a majority of
cases these claims were unfounded. However, there were credible reports
of underage girls, as young as 14 or 15, who obtained fake passports,
married Taiwanese men, and moved to Taiwan. There also were unconfirmed
reports of some Kalimantan women who were forced into prostitution in
Taiwan. Chinese-Indonesian women and teenage girls, between the ages of
14 and 20, from the Singkawang area of West Kalimantan were recruited
as mail order brides for grooms in Taiwan, Hong Kong, and Singapore.
During the year, there were cases in which parents accepted advances of
future salaries from employment brokers in exchange for their
daughters. The child was required to repay the employment brokers at a
later stage. Researchers described a ``culture of prostitution'' in
some parts of the country, where parents encouraged their daughters to
work as big-city prostitutes and send the proceeds home.
NGOs cited credible evidence that between July and September on
Nunukan, off East Kalimantan, women migrant workers who had fled
Malaysia following a crackdown there against illegal workers became
targets of traffickers (see Section 2.d).
Many trafficking victims became vulnerable to trafficking during
the process of becoming migrant workers. Although the Government
licensed ``official'' recruiting agents, many unauthorized recruiting
agents operated freely throughout the country. These illegal agents
often charged exorbitant fees and recruited workers to work illegally
overseas (see Section 6.c.).
On December 27, government officials near Jakarta freed 259 women
forcibly held at a migrant worker ``training center.'' Many of the
female recruits had remained at the company's small site for 6 months
and had accumulated thousands of dollars in debt while the company
failed to come through with the promised employment. Unable to pay
their debts, the women became prisoners within the company's locked and
guarded compound.
During the year, there were credible reports that East Timorese
children, who were waiting in West Timor to be reunited with their
families, were trafficked. Trafficking accusations focused on the Java-
based Hati Foundation (see Section 5).
In September 2001, the ILO published a preliminary study of
trafficking trends in Jakarta, Batam, Medan, and Bali, that found that
many girls were forced into prostitution after the failure of marriages
they had entered into when they were as young as 10- to 14-years-old.
There was no obvious violation of the law because their paperwork
identified them as adults due to the fact they were once married.
In many cases, traffickers recruited girls and women under false
pretenses. One tactic was to offer young women in rural areas jobs as
waitresses or hotel employees in distant regions, typically at island
resorts. After the new recruits arrived, they learned they had been
recruited as prostitutes. During the year, it became apparent that some
women were trafficked overseas under the guise of cultural performers.
In August two Balinese dancers told police that they were hired as
dancers to work in Japan, but after their arrival in Tokyo, they were
put to work as hostesses. On August 19, Bali's Governor Dewa Made
Beratha ordered an investigation. During the year, Indonesian women
were trafficked to Malaysia, Singapore, Japan, Saudi Arabia, United
Arab Emirates, Australia, and other destinations. On December 29, 98
Indonesian women returned home from Saudi Arabia and 37 returned from
Malaysia after reportedly fleeing abusive situations in those
countries. The Government organized and financed their return, along
with that of over 100 other abused female migrant workers throughout
the year.
In July in the city of Tawau, in the Malaysian state of Sabah, the
Indonesian Consul, Makdum Tahir, helped to free at least 10 young
Indonesian women forced to work as prostitutes at hotels in the city.
The women, who allegedly were trafficked, ranged in age from 16 to 20
years.
Police did not receive specific training with regard to
trafficking. The basic 3-month course that all police officers received
did not include training on counter-trafficking in persons. Trafficking
falls under the purview of the Department of Serious Crimes and Vice.
However, coordination within the police force, and between the police
and other interested departments on trafficking in persons, was at a
rudimentary stage and very weak. NGOs alleged there was, within society
and government, considerable reluctance to acknowledge that
prostitution was a major industry. Credible sources said many police
and soldiers were involved in trafficking young girls and even setting
up and protecting brothels. These sources said that even when police
were not involved directly, they received payments from traffickers,
brothel owners, and organized crime. There was speculation that non-
corrupt police were afraid to intervene because of threats from
organized crime. Apart from police and soldiers, government officials
allegedly were involved in trafficking, according to these sources.
Some were involved in the production of false documents, which
facilitated trafficking. A researcher at Atma Jaya University stated
that law enforcement officials tended to view child prostitutes as
criminals, not victims.
Domestic NGOs led efforts to monitor and prevent trafficking,
frequently in coordination with government agencies. These NGOs
included Bandungwangi, the Consortium for Indonesian Migrant Workers
Advocacy (KOPBUMI), Legal Aid for Women (LBH-Apik), Women's Aid and
Protection Group (DERAP), and Women's Coalition (Koalisi Perempuan).
__________
JAPAN
Japan is a parliamentary democracy based on the 1947 Constitution.
Sovereignty is vested in the citizenry, 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),
the Conservative Party, and the Komeito party formed the Government in
July 2000; it is headed by Prime Minister Junichiro Koizumi. The
judiciary is generally independent.
The self-defense forces are responsible for external security and
have limited domestic security responsibilities. The well-organized and
disciplined police force was effectively under the control of the
civilian authorities. However, there continued to be credible reports
that police committed some human rights abuses.
In spite of a lengthy economic downturn, the industrialized, free
market economy continued to provide the approximately 127 million
residents with a high standard of living and high levels of employment.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There continued
to be credible reports that police and prison officials physically and
psychologically abused prisoners and detainees. Officials sometimes
were dismissed for such abuse but seldom were tried, convicted, and
imprisoned. Violence against women and children, child prostitution,
and trafficking in women were problems. Women, the Ainu (the country's
indigenous people), the Burakumin (a group whose members historically
were treated as outcasts), and alien residents experienced varying
degrees of societal discrimination, some of it severe and longstanding.
According to Ministry of Justice figures, the Legal Affairs Bureau
Offices and civil liberties volunteers dealt with 391,685 human rights-
related complaints during 2001. Also during 2001, the Regional Legal
Affairs Bureaus and the District Legal Affairs Bureaus received reports
of 17,979 suspected human rights violations. However, staffing
constraints and limited legal powers kept the administrative system for
combating human rights violations weak, and many of these cases were
ultimately resolved in the courts.
In 2001 the Justice Ministry's Council for Human Rights Promotion
submitted recommendations for stronger governmental measures to address
human rights abuses, including the establishment of a human rights
commission that would provide relief to victims of human rights
violations committed by public authorities and members of the media
through arbitration and administrative guidance. The report also
recommended that the proposed body be granted investigative powers.
During the year, the Justice Ministry submitted legislation to this
effect. At year's end, the legislation was under debate in the Diet.
Japan was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
On October 25, Democratic Party of Japan Lower House Member Koki
Ishii was killed outside his home; however, there were no indications
that the killing was politically motivated.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The country was riveted, however, by the September admission by
Democratic People's Republic of Korea (DPRK) leader Kim Jong Il that
the DPRK had kidnaped at least 13 Japanese citizens during the 1970s
and taken them to North Korea. The DPRK allowed five surviving victims
to visit Japan in October. They have remained in the country since that
time. The DPRK alleged that the remaining eight are deceased. There was
speculation, not officially confirmed by the Government, that the DPRK
had abducted many more citizens over the years.
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, and the Penal
Code prohibits violence and cruelty toward suspects under criminal
investigation; however, reports by several bar associations, human
rights groups, and some prisoners indicated that police and prison
officials sometimes used physical violence, including kicking and
beating, as well as psychological intimidation, to obtain confessions
from suspects in custody or to enforce discipline. Unlike in 2000,
there were no allegations of beatings of detainees by employees of
private security companies that operated immigration detention
facilities at Narita International Airport. The 2000 revision of the
National Police Law permits persons to lodge complaints against the
police with national and local public safety commissions. These
commissions may direct the police to conduct investigations. However,
public confidence in this system remained low, and allegations that the
police and the public safety commissions remained lax in investigating
charges of police misconduct persisted.
The Constitution and the Criminal Code include safeguards to ensure
that no criminal suspect can be compelled to make a self-incriminating
confession or be convicted or punished in cases where the only evidence
against the accused is his own confession. The appellate courts
overturned some convictions in recent years on the grounds that they
were obtained as a result of coerced confessions. In addition, civil
and criminal suits alleging abuse during interrogation and detention
have been brought against some police and prosecution officials.
About 90 percent of all criminal cases going to trial included
confessions, reflecting the priority the judicial system placed on
admission of guilt. Confession was regarded as the first step in the
rehabilitative process. The Government pointed out that the high
percentage of confessions, like the high conviction rate, was
reflective of a higher standard of evidence needed to bring about
indictment in the judicial system.
Physical restraints, such as leather belts with attached leather
manacles, continued to be used as a form of punishment, and some
prisoners were forced to eat and relieve themselves unassisted while
wearing these restraints. Ministry of Justice officials stated that
restraints were used inside prisons only when prisoners had been
violent and posed a threat to themselves and others, or when there was
concern that a prisoner might attempt to escape. During the year,
however, five Nagoya Prison guards were arrested for abusing a prisoner
by using the leather restraining device to inflict serious internal
injuries. In December two of the same guards, as well as a separate
third guard, were arrested in connection with the death of a 49-year-
old prisoner in May. This death was also allegedly the result of abuse
with the leather restraining device.
Prison conditions met international standards; however, the
National Police Agency and Ministry of Justice reported that some
prisons and detention facilities were overcrowded during the year (see
Section 1.d.). Prisons in most areas of the country were not heated,
and prisoners were given only minimal additional clothing to protect
themselves against cold weather. There have been cases of frostbite
among the prison population in recent years. In 2001 the Ministry of
Justice requested funding for a 3-year plan to install heaters in
prison buildings nationwide. Individual cells are to remain unheated.
Prisoners were not allowed to purchase or receive supplementary food.
They were discouraged strongly from complaining about conditions.
Prisoners faced severe restrictions on the quantity of their incoming
and outgoing correspondence. The authorities read letters to and from
prisoners, and some letters were censored, or, with a court order,
confiscated. All visits with convicted prisoners were monitored;
however, those prisoners whose cases were pending were allowed private
access to their legal representatives. Prison officials claimed that
the ``no complaining'' policy was designed to keep family members from
worrying about their relatives. For the same reason, the Justice
Ministry usually did not inform a condemned inmate's family prior to
the person's execution. Human rights organizations reported that
lawyers also were not told of an execution until after the fact, and
that death row prisoners were held for years in solitary confinement
with little contact with anyone but prison guards. Parole may not be
granted for any reason, including medical and humanitarian reasons,
until an inmate has served two-thirds of his or her sentence.
According to year-end Ministry of Justice data, normal prison
facilities were filled to 103 percent of capacity in 2001.
Nongovernmental organization (NGO) and press sources indicated that
this overcrowding was a contributing factor in the 6,373 reported
violent incidents in prisons in 2001, a 1.6 fold increase in incidents
since 1996.
In the past, 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 rules. Prison rules
remained confidential. Wardens continued to have broad leeway in
enforcing punishments selectively, including ``minor solitary
confinement,'' which may be imposed for a minimum of 1 and not more
than 60 days in which the prisoner is made to sit (for foreigners) or
kneel (for citizens) motionless in the middle of an empty cell.
Women and juveniles were housed in separate facilities from men; at
times during the year, some women's detention facilities also were
operating over stated capacity. Pretrial detainees were held separately
from convicted prisoners (see Section 1.d.).
Conditions in immigration detention facilities met most
international standards.
The Government restricted access to prisons by human rights groups.
d. Arbitrary Arrest, Detention, or Exile.--Constitutional
provisions for freedom from arbitrary arrest or imprisonment generally
were 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 to detain the accused. Under
the law, a suspect may be held in detention at either a regular
detention facility or ``substitute'' (police) detention facility for up
to 72 hours. A judge must interview suspects prior to detention. A
judge may extend preindictment custody by up to 2 consecutive 10-day
periods based on a prosecutor's application. These extensions were
sought and granted routinely. Under extraordinary circumstances,
prosecutors may seek an additional 5-day extension, bringing the
maximum period of preindictment custody to 25 days.
In 1999 the Supreme Court upheld as constitutional the section of
the Criminal Procedure Code under which police and prosecutors have the
power to control or limit access by legal counsel when deemed necessary
for the sake of an 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 provided detainees with limited free
counseling. Critics charged that access to counsel was limited both in
duration and frequency; the Government denied that this was the case.
Critics charged that allowing suspects to be detained by the same
authorities who interrogated them heightened the potential for abuse
and coercion. The Government countered that cases sent to police
detention facilities tended to be those in which the facts were not in
dispute. A 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 was brought to trial depended
on the nature of the crime but rarely exceeded 3 months from the date
of arrest; the average was 1 to 2 months. In one case, an accused
allegedly was held for 3 years. In 2001 in its final report, an
advisory panel to the Prime Minister on judicial reform called for a
substantial increase in judges, prosecutors, and Justice Ministry
personnel to shorten the time between arrest and trial.
The law does not permit forced exile, and it was not used.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the judiciary generally was 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 final court of appeal. 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 generally respected 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 were
completed within a reasonable length of time, cases may take several
years to work their way through the trial and appeals process.
Responding to the final report of a government advisory panel
established in 1999 to outline structural reforms to the judicial
system, in 2001 the Government announced plans to begin drafting
legislation aimed at reducing the average time required to complete
criminal trials and civil trials that include witness examination,
which lasted an average of 20.5 months in 1999. Its proposals included
hiring substantial numbers of additional court and Justice Ministry
personnel, revising bar examinations, establishing new graduate law
schools to increase the overall number of legal professionals three-
fold by 2010, and requiring that courts and opposing litigants jointly
work to improve trial planning by allowing for earlier evidence
collection and disclosure. The advisory panel also stated that it would
release the official standards for setting up graduate law schools by
March 2003, and at year's end, almost 100 universities had expressed an
interest in opening graduate law schools by April 2004. In September
the Ministry of Justice, the Supreme Court, and the Japan Bar
Association agreed to set up a new bar examination system by 2010. In
November a government panel introduced a draft bill that would make the
Supreme Court responsible for accelerating proceedings in lower courts.
The draft bill imposes a 2-year time limit for courts to bring criminal
and civil trials to conclusion and requires the Government to take the
legal and financial measures necessary to accomplish these goals.
In the case of the Aum Shinrikyo 1995 sarin gas attack on the Tokyo
subway system, the trials of three senior members of the group were
concluded during the year and the trials of four other senior members
were still underway in district courts at year's end.
There is no trial by jury. The defendant is informed of the charges
upon arrest and is assured a public trial by an independent civilian
court with defense counsel and the right of cross-examination. However,
in 2001 the Government's Judicial Reform Council recommended that
randomly chosen members of the public be allowed to participate in
determining rulings and penalties in criminal trials by deliberating
the cases alongside professional judges. The Diet enacted implementing
legislation in 2001, with the aim of adopting all of the advisory
panel's reform proposals by 2004.
The defendant is presumed innocent. 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 contended that the right to consult with attorneys is
not absolute and can be restricted if such restriction is compatible
with the spirit of the Constitution. Access sometimes was abridged in
practice; for example, the law allows prosecutors to control access to
counsel before indictment, and there were allegations of coerced
confessions (see Sections 1.c. and 1.d.). 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 claimed that legal representatives of defendants did not always
have access to all needed relevant material in the police record 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 published handbooks explaining the legal procedures
and terms for court interpreters. In 2000 the Supreme Court introduced
a training system to help court interpreters understand complicated
trial procedures. However, 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. The Supreme Court's 1998 statistics showed a chronic
shortage of qualified court interpreters, particularly for non-English-
speaking defendants. Foreign detainees frequently claimed that police
urged them to sign statements in Japanese that they could not read and
that were not translated adequately.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution protects the right to privacy of
family, home, and correspondence, and the Government generally
respected these rights in practice. Under the Constitution, each search
or seizure must be based on a separate warrant issued by a judge.
Standards for issuing such warrants exist to guard against arbitrary
searches. In 2000 legislation went into effect that allows law
enforcement authorities to use wiretaps in certain criminal
investigations, including suspected drug offenses, murder, and
trafficking in persons. The law also stiffened penalties for the
unauthorized use of wiretaps by police authorities. Under this law,
wiretaps can only be used if law enforcement officials can demonstrate
that all other investigative techniques have been ineffective.
In April the Defense Agency confirmed reports that it had violated
a law protecting personal information when it compiled lists of
citizens seeking official documents. This inspired public debate on a
privacy bill that remained under consideration in the Diet at year's
end.
There were no new developments in the longstanding effort by groups
representing women and persons with disabilities to obtain a government
investigation, a formal apology, and compensation in the case of the
several thousand women with disabilities who were sterilized without
their consent between 1949 and 1992. A law that the Government revoked
in 1996 permitted doctors, after they had received the approval of
committees appointed by local governments, to sterilize persons with
mental or physical disabilities or certain hereditary diseases without
consent.
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. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
Academic freedom was not restricted. The Science, Technology and
Education Ministry's authority to order revisions to elementary,
middle, and high school textbooks based on national curriculum
guidelines remained a source of domestic and international controversy.
In 1997 the Supreme Court ruled that state screening of textbooks did
not violate the constitutional provisions for freedom of expression. In
2001 police investigated a suspected firebomb attack on the offices of
the Japanese Society for History Textbook Reform whose controversial
treatment of World War II events in a junior high school textbook
sparked domestic and international protests.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Following the 1995 Aum Shinrikyo terrorist attacks, a 1996
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 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 were registered.
The only group under active government surveillance was Aum
Shinrikyo, which the Government considered to be a continuing public
danger. Formally renamed Aleph in 2000, Aum Shinrikyo lost its legal
status as a religious organization in 1996 following its sponsorship of
terrorist attacks. Foreign observers have classified Aum Shinrikyo/
Aleph as a terrorist organization. In response to reports of increased
Aum Shinrikyo/Aleph fundraising and recruitment activities, local
police and communities have taken measures against its members and
chapters, including denying residency permits and public school access
to Aum Shinrikyo/Aleph leader Asahara's children. In 1999 the Diet
passed legislation that allowed the authorities to seize the group's
assets more easily, tighten surveillance against it, and force it to
pay compensation to victims of its past crimes. The laws are subject to
review, including possible repeal, in 2005. The Public Security
Investigation Agency (PSIA) placed Aum Shinrikyo/Aleph under continuous
surveillance for a 3-year period in January 2000, on the basis of one
of the new laws. In December the PSIA filed a request with the Security
Examination Commission to extend the surveillance for another 3-year
period, but at year's end, no decision had been made.
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 claimed that police did not
enforce the laws against kidnaping when the victim was held by family
members, asserting that Unification Church members were subjected to
prolonged arbitrary detention by individuals, who were not charged by
police.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 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 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.
The Government cooperated with the office of the U.N. High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in assisting
refugees. The Government 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.
However, the UNHCR estimated that approximately 50 percent of
applicants were rejected for failing to meet the 60-day application
deadline. In November an advisory group to the Ministry of Justice
proposed that the 60-day application deadline be extended to either 6
months or a full year. An alien recognized as a refugee has access to
educational facilities, public relief and aid, and social welfare
benefits. An alien 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
distributed a pamphlet in English, Chinese, and eight other languages
to those interested in the asylum process.
While the Government sometimes grants first asylum, the Justice
Ministry determines such grants on a case-by-case basis. The average
processing time for initial case determination was approximately 1
year.
In recent years, the Government has granted refugee and asylum
status to those claiming fear of persecution in only a small number of
cases. It believes that most persons seeking asylum in the country did
so for economic reasons. In 2001 353 persons in the country were either
seeking asylum or accorded refugee status. Of these cases, the
Government recognized 26 refugee cases. According to UNHCR, most new
applicants were from Pakistan, Turkey, Afghanistan, and Iran.
The Government has shown flexibility in dealing with visa
extensions for Chinese student dissidents, although it continued to be
reluctant to grant permanent asylum. Burmese asylum applicants have
complained that asylum cases can continue for years without a formal
decision.
In May the country's refugee policy came into the national
spotlight when North Korean nationals attempting to claim political
asylum were stopped and arrested by Chinese security officials inside
of the Japanese Consulate General in Shenyang, China. The harsh public
scrutiny and criticism resulting from the incident led the Government
to re-examine its refugee policy. An advisory group to the Ministry of
Justice also proposed that the Government should provide shelter for
asylum seekers.
The 2000 revisions to the Immigration Control and Refugee
Recognition Act, which aimed at reducing visa overstays and the
smuggling of persons, have the potential to affect asylum seekers. The
revised law imposes stiff penalties on persons illegally entering the
country, and those deported are denied reentry for at least 5 years
instead of the previous penalty of 1 year. However, the Immigration
Bureau has given assurances to UNHCR that these new provisions will not
be used against genuine asylum seekers. In November an advisory group
to the Ministry of Justice proposed that potential refugees who are
subject to deportation due to their lack of a visa status should be
granted legal protection from deportation until the Justice Minister
decides on their refugee applications or complaints. In addition, the
Ministry of Justice announced in December that, starting in January
2003, it would give detailed, written explanations of decisions not to
grant refugee status to asylum-seekers and that an information office
would be opened at Narita Airport in January 2003 for potential asylum
seekers.
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
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. In 1998 the Diet granted citizens living overseas
the right to vote for candidates in national elections in races based
on proportional representation. In 1999 the Diet extended these
absentee-voting privileges to fishermen and mariners.
The country is a parliamentary democracy 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 Conservative Party,
and the Komeito party formed the existing coalition government in July
2000.
In recent years, the numbers of women holding public office has
slowly increased. At year's end, women held 34 seats in the 480-member
lower house of the Diet (7.08 percent), and 38 of the 247 seats in the
upper house (15.4 percent). There were 4 women in the 18-member
Cabinet. Women accounted for 5.7 percent of elected members of
prefectural assemblies and 10.5 percent of elected members of local
assemblies. Three of the country's 47 governors were women; the female
Governors of Osaka and Kumamoto were elected in 2000, and a third was
elected in Chiba in 2001.
No figures were available at the national level regarding minority
political participation.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of local and international human rights organizations
functioned freely, without governmental restrictions, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views, although the
Government restricted access to prisons and immigration detention
facilities by human rights groups (see Section 1.c.).
The Justice Ministry's Council for Human Rights Promotion, an
advisory panel, continued to work on a 5-year mandate to develop
measures to educate citizens about the importance of respecting human
rights. In 1999 the Council submitted a report that called for greater
attention to human rights education, particularly at the municipal
level, and cited a number of ongoing human rights problems, including
sexual harassment, domestic violence, and discrimination against the
elderly, persons with disabilities, minorities, and foreigners. In 2001
the Council submitted a final set of recommendations that included the
establishment of a human rights commission to provide relief through
arbitration and administrative guidance to victims of social and racial
discrimination, domestic violence, and human rights violations
committed by public authorities and members of the media (the
recommendations cite breaches of privacy, defamation, and ``obstruction
of a peaceful private life'' as potential human rights violations by
the mass media and Internet users). The report recommended that the
proposed body be granted investigative powers, but it also recommended
that its secretariat be established through a reorganization of the
Justice Ministry's existing Civil Liberties Bureau. At year's end, this
legislation was under consideration in the Diet.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race,
creed, gender, social status, or family origin, and the Government
generally respected these provisions.
Women.--Violence against women, particularly domestic violence,
often went unreported due to social and cultural concerns about shaming
one's family or endangering the reputation of one's spouse or
offspring. Also, women who were victims of domestic violence typically
returned to the home of their parents rather than file reports with the
authorities. Therefore, National Police Agency statistics on violence
against women probably understated the magnitude of the problem. In
2001 the Diet passed a new law to combat domestic violence which allows
district courts to impose 6-month restraining orders on perpetrators
and sentence violators to up to 1 year in prison or fines of up to
$7,910 (1 million yen). In addition, the law also covers common-law
marriages and divorced individuals; it also encourages prefectures to
expand shelter facilities for domestic abuse victims and stipulates
that local governments offer financial assistance to 40 private
institutions already operating such shelters. According to National
Police Agency statistics, 2,174 rapes and 8,699 indecent assaults were
reported during the year. Husbands have been prosecuted for spousal
rape; usually these cases involved a third party who assisted in the
rape.
Many local governments responded to the need for confidential
assistance for abused women by establishing special women's
consultation departments in police and prefectural offices. Since the
anti-stalking law went into effect in 2000, police have received 25,145
stalking complaints, arrested 164 persons, and issued 988 warnings.
Local governments and private rail operators continued to implement
measures designed to address the widespread problem of groping and
molestation of female commuters. In 2001 the Tokyo Metropolitan Police
organized a council with representatives of train companies to discuss
antigroping measures. As a result, several railway companies started a
poster campaign to raise awareness of antigroping ordinances and to
advertise railway police contact information, including contact
information for the molestation complaint offices established by the
Metropolitan Police Department in 1995. In 2001 at the suggestion of
the Metropolitan Police, the Tokyo Metropolitan Assembly also revised
its antigroping ordinance to make first-time offenders subject to
imprisonment. Also in 2001, Keio Electric Railway Company decided to
make a trial women-only rail car program permanent, reserving one car
only for women on all express and limited express trains running after
11 p.m. Monday to Friday. During the year, the Ministry of
Transportation collaborated with the Hankyu and Keihan Railways to add
women-only rail cars to their limited express trains, with Hankyu
becoming the first railway in Japan to offer women-only cars all day
long.
Trafficking in women was a problem (see Section 6.f.).
The Constitution and the Equal Employment Opportunity (EEO) Law
prohibit sexual discrimination; however, sexual harassment in the
workplace remained widespread. A National Personnel Authority survey of
female public servants conducted in 2000 found that 69.2 percent of all
female respondents believed they have been subjected to acts that
constituted sexual harassment. The National Personnel Authority
established workplace rules in April 1999 in an effort to stop
harassment in public servants' workplaces. New survey data indicated
that the most severe forms of sexual harassment may be declining in
government workplaces; female public servants who stated that their
bosses had pressured them into a sexual relationship dropped from 17
percent in 1997 to 2.2 percent in 2000. In 1999 a revision to the EEO
Law intended to address problems of sexual harassment and
discrimination against women went into effect. The revised EEO Law
includes measures to identify companies that fail to prevent sexual
harassment, but it does not include punitive measures to enforce
compliance, other than allowing names of companies that practice sexual
discrimination to be publicized. Under the Labor Standards Law, an
arbitration committee is allowed to initiate procedures to help ensure
the rights of female workers at a worker's request, without first
having to obtain approval from both management and the worker's union.
A number of government entities have established hot-lines and
designated ombudsmen to handle complaints of discrimination and sexual
harassment.
The Labor Standards Law forbids wage discrimination against women.
Under the revised EEO Law, women may work overtime shifts.
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.
In response to a 2000 government survey that revealed that potential
employers had discriminated against one in five women entering the work
force on the basis of gender, in 2001 the Labor Ministry distributed
100,000 manuals outlining 25 hiring or recruiting practices that
violated the EEO law. Although the Labor Standards and the EEO laws
prohibit wage discrimination against women, in 2001 female workers on
average earned only 65.3 percent of average male earnings. In general
younger women (age 20-24) tended to make almost as much as men did;
older women (50 and older) tended to make much less. Much of this
disparity resulted from the ``two-track'' personnel administration
system found in most larger companies under which new hires were put
into one of two categories: Managerial track, in which those engaged in
planning and decision making jobs had the potential to become top
executives, and general track, in which employees engaged in general
office work. According to a 2000 survey by the Public Management, Home
Affairs, Post and Telecommunications Ministry, women held 8.9 percent
of managerial positions. A 2000 Labor Ministry survey found that 52.9
percent of the companies with a two-track personnel system did not have
women in managerial track positions. In 2001 the Osaka District Court
dismissed a wage bias suit filed by female employees of Sumitomo
Chemical Company who had been placed in a non-managerial career track
in 1970 when the company introduced a dual-track system. However, in
2001 the Tokyo District Court ruled against conventional wage
compensation assessment methods that used existing gender income
disparities to determine future earnings potential in the case of
minors. During the year, the Supreme Court mediated a settlement to a
1987 lawsuit in which 13 female employees had sued the Shiba Shinkin
Bank over discriminatory salary and promotion policies. As a result of
the mediation, six retired plaintiffs were retroactively promoted to
section chief and paid lost wages worth $1.86 million. Of the seven
currently employed plaintiffs, six received immediate promotions to
become section chiefs and one was guaranteed a chance to take the
promotion exam.
According to the Prime Minister's Bureau of Gender Equality, women
held only 4.1 percent of top local government positions through March
2001, although approximately a third of all local government workers
were women. According to the Home Ministry, some of the 4,200 local
governments that urged employees to retire before the mandatory age of
60 regularly urged female employees to retire at younger ages than male
employees.
In addition to discrimination, the traditional male and female
division of labor at home placed disproportionate burdens on working
women, who were still responsible for almost all childcare and
household duties.
Advocacy groups for women and persons with disabilities continued
to press for a government investigation into sterilization cases that
were carried out between 1949-92, a formal government apology, and
compensation (see Section 1.f.).
In 1993 the Government 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 1932-45. A 1999 U.N. Subcommission on Prevention of
Discrimination and Protection of Minorities report included a
recommendation that the Government provide state compensation to former
``comfort women'' and prosecute those responsible for setting up and
operating ``comfort stations'' during World War II. The Government has
been unwilling to pay direct compensation to individual victims, on the
grounds that postwar treaties settled all war claims. In 2001 the
Hiroshima High Court reversed a 1998 Yamaguchi District Court ruling
that had ordered the Government to pay $2,542 (300,000 yen) in state
compensation to three Korean former comfort women for neglecting its
constitutional duty to enact compensation legislation following the
Government's 1993 admission. The District Court ruling had been the
first court judgment rendered in favor of foreign war victims. Over 50
damage suits have been filed in the courts; approximately 10 cases were
pending at year's end. In 2001 a U.S. federal judge dismissed a lawsuit
brought by 15 comfort women, ruling that U.S. courts do not have
jurisdiction over claims arising from Japan's wartime conduct. During
the year, the Hiroshima District Court ruled that although the Yasuno
Power Plant had illegally forced five Chinese plaintiffs to work under
severe conditions during World War II, the company could no longer be
held legally liable as the case exceeded the statute of limitations.
The Asian Women's Fund (AWF) is a private, government-sponsored
fund established to ``extend atonement and support'' to former comfort
women. The AWF supported three types of projects: Payments to
individual victims; 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 were funded by private
donations, while the second and third types of projects were financed
by the Government and administered by the AWF. At year's end, the AWF
had collected donations totaling approximately $4.91 million (590
million yen) and given lump sum payments of almost $4.75 million (570
million yen) as well as letters of apology signed by the Prime Minister
to more than 285 women from the Philippines, Korea, and Taiwan. These
women also received medical and welfare assistance from the AWF. The
AWF has reached an agreement with a Dutch affiliate to make
compensation payments to former Dutch comfort women; government
officials estimated that up to 100 Dutch women were forced to provide
sexual services during World War II. The Government's refusal to pay
direct compensation continued to draw international criticism.
Children.--The Government is committed to children's rights and
welfare, and in general the rights of children were 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 (age 14, or ninth grade). Education was available
widely to students who met minimum academic standards at the upper
secondary level through the age of 18. Society places an extremely high
value on education, and enrollment levels for both boys and girls
through the free upper secondary level (to age 18) exceeded 96 percent.
Public attention was focused increasingly on reports of frequent
child abuse in the home. In 2000 the Diet enacted a law granting child
welfare officials the authority to prohibit abusive parents from
meeting or communicating with their children. This law raised public
awareness of the problem of child abuse. The law also bans abuse under
the guise of discipline and obliges teachers, doctors, and welfare
officials to report any suspicious circumstances to the 174 local child
counseling centers located nationwide or to municipal welfare centers.
In spite of the Child Abuse Prevention Law, 62 children have died of
abuse or neglect since its enactment in November 2000. Fifteen of these
children died despite the involvement of a child counseling center.
Child protection centers received 24,792 reports of abuse in 2001. A
1999 report by the Ministry of Health and Welfare warned that, since
caseloads at counseling centers nearly doubled from 1988-96, cuts in
funding by local governments to centers handling child abuse cases were
exacerbating the problem.
Incidents of student-on-student violence in schools and severe
bullying (``ijime'') also continued to be a societal and government
concern. An Education Ministry survey released in 2001 reported 20,751
cases of student-on-student violence in public schools during the 2000-
01 academic year, a 10 percent increase from the previous year. In
addition to compiling statistics on bullying and consulting with
various groups concerned with children's welfare, the Ministry of
Justice's Office of the Ombudsman for Children's Rights provided
counseling services for children 18 years of age and younger who have
been victims of bullying.
In previous 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 activity).
However, in 1999 the Diet passed a law banning sex with persons 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 the country's lax laws on child pornography. The law has
reduced the open availability of child pornography. Whereas in 1998
INTERPOL estimated that 80 percent of Internet sites with child
pornography originated in Japan, by late 1999, after passage of the
law, the police reported that most of these sites either had
disappeared entirely or were accessible only at random hours to avoid
detection and arrest. Since April 1999, operators of pornographic home
pages and suppliers of pornographic images have been required to
register with local safety commissions and not to offer such pages to
persons under the age of 18. According to the National Police Agency,
the police arrested 613 persons between January and June for
patronizing teenage prostitutes and child pornography, a six-fold
increase over the same period in 2001. However, teenage prostitution,
dating for money, and child pornography continued to be problems.
In 2001 revisions to the Juvenile Law went into effect that lowered
the age at which children can be held criminally responsible for their
actions from 16 to 14. Under juvenile law, juvenile suspects are tried
in family court and have the right of appeal to an appellate court.
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 and sent to prosecutors was up 6.8 percent in
2002, according to the National Police Agency. During the year,
juvenile crime also showed a trend toward more serious offenses such as
murder, robbery, arson, and rape.
In 2000 the Tokyo prefectural government put into effect programs
to protect the welfare of stateless children, whose births their
illegal immigrant mothers refused to register for fear of forcible
repatriation. According to Justice Ministry statistics, 720 stateless
minors under the age of 5 were in the country in 2000.
Persons with Disabilities.--There were an estimated 2.9 million
persons with physical disabilities and roughly 2 million persons with
mental disabilities. Although not generally subject to overt
discrimination in employment, education, or in the provision of other
state services, persons with disabilities faced limited access to
public transportation, ``mainstream'' public education, and other
facilities. The Deliberation Panel on the Employment of the
Handicapped, which operates within the Ministry of Labor, mandated that
private companies with 300 or more employees hire a fixed minimum
proportion of persons with disabilities. The penalty for noncompliance
is a fine. A 1998 cabinet directive ordered private companies to raise
the proportion of persons with physical disabilities in their work
force from 1.6 to 1.8 percent and raised the percentage of persons with
disabilities among civil servants from 2 to 2.1 percent. Some
prefectural governments provided subsidies to companies that employed
persons who used wheelchairs. In 2001 the Diet passed legislation
amending 27 laws that previously had banned the blind, deaf and those
with mental disabilities from working as doctors, dentists, nurses, and
pharmacists, and the Health, Labor, and Welfare Ministry started
awarding licenses for these professions on a case-by-case basis.
The law does not mandate accessibility to buildings for persons
with disabilities; however, the law 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 wider entrances and elevators to accommodate persons with
disabilities. In 2000 the barrier-free transportation law took effect,
requiring public transport systems to take measures to make their
facilities more accessible to persons with disabilities as well as to
the elderly. In November the Tokyo District Court declared
unconstitutional the Public Offices Election Law, which did not exempt
people with severe physical disabilities from the requirement to
handwrite the name of the candidate on the ballot when voting by mail.
The case had been brought by three Tokyo residents who suffered from
Lou Gehrig's disease, a condition which left them unable to write.
The Law to Promote the Employment of the Handicapped includes those
with mental disabilities. The law also loosened the licensing
requirements for community support centers that promote employment for
persons with disabilities, and it introduced government subsidies for
the employment of persons with mental disabilities in part-time jobs.
Despite the enactment of this law, Health, Labor, and Welfare Ministry
data showed that fiscal year 2001 saw the number of persons with
disabilities fired from their jobs reach a record high of 4,017, a 1.6-
fold increase from the previous year. This dismissal rate is
significantly higher than the 1.2-fold increase recorded for the
general population. The Headquarters for Promoting the Welfare of
Disabled Persons, set up by the Prime Minister's Office, in previous
years recommended that municipalities draw up formal plans for the care
of citizens with disabilities. The Ministry of Health and Welfare also
has instructed local governments to set numerical targets for the
number of home help providers and care facilities allocated to the
disabled. In 2000 74.9 percent of municipalities had formal care plans
for citizens with disabilities. In 2001 the Government abolished
Medical Service Law provisions that had exempted mental hospitals from
minimum staffing guidelines; however, reports of understaffing
persisted.
Advocacy groups for women and persons with disabilities continued
to press for a government investigation into sterilization cases that
were carried out between 1949 and 1992, as well as a formal government
apology and compensation (see Section 1.f.).
Indigenous Persons.--The Ainu are a people descended from the first
inhabitants of the country. 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 and
empowered the Government to manage communal assets.
In 1997 the Sapporo District Court ruled that the Ainu were a
minority aboriginal race, and later that year, the Diet passed the Law
to Promote Ainu Culture. The law recognized the Ainu as an ethnic
minority, and required all prefectural governments to develop basic
programs for promoting Ainu culture and traditions. It also canceled
previous laws that discriminated against the Ainu, including the 1899
law, and required the Government of Hokkaido to return Ainu communal
assets. 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 U.N. Working
Group on Indigenous Populations stated that the Ainu never had 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
criticized the Law to Promote Ainu Culture for not advancing Ainu
political rights and criticized the Government for not providing funds
for noncultural activities that would improve Ainu living conditions or
financial status. The Japan Ainu Association, a nationwide organization
of Ainu, lobbied the Government for economic assistance and greater
social welfare benefits for Ainu throughout the country. According to a
1999 survey, 3.72 percent of Ainu received welfare benefits, roughly
double the national average of 1.84 percent.
The Ainu continued to face societal discrimination while engaging
in an uphill struggle against complete assimilation, although Ainu-
language newspapers, radio programs, and academic programs studying
Ainu culture have increased since 1997. In 2001 the U.N. Committee on
the Elimination of Racial Discrimination (CERD) noted that the country
``has not taken sufficient steps to address the issue of discriminatory
treatment of Koreans and Ainu living in'' the country. Also in 2001,
several nongovernmental groups, including the Ainu Association of
Hokkaido and the Citizens' Diplomatic Center for the Rights of
Indigenous People, protested the Government's failure to note
continuing social and economic discrimination faced by the Ainu in its
2000 report to the CERD.
National/Racial/Ethnic Minorities.--Burakumin, Koreans, and alien
workers experienced varying degrees of societal discrimination, some of
it severe and longstanding.
The Burakumin (descendants of feudal era ``outcasts'' who practiced
``unclean'' professions such as butchering and undertaking), although
not subject to governmental discrimination, frequently were victims of
entrenched societal discrimination, including restricted access to
housing and employment opportunities. They were estimated to number
approximately 3 million, but most preferred to hide their identities.
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
retained 15 of the original 45 programs for Buraku communities. In
March Burakumin relief funds were halved from their previous levels as
a result of the expiration of the Special Measures Law for Community
Investment. Actual funding was cut to $408.3 million (49 billion yen)
from the previous level of $875 million (105 billion yen), and the
number of Burakumin-related projects was cut from 1,700 to 1,000. A
2001 working paper commissioned by the U.N. Human Rights Commission's
Subcommission on the Promotion and Protection of Human Rights
acknowledged that the living standards of the Buraku had improved but
noted that discrimination in marriage and employment continued.
In recent years, the Buraku Liberation League placed less emphasis
on class struggle and more emphasis on civil rights, social welfare,
and the environment. The League also replaced the term Burakumin
(hamlet people) with Buraku Jumin (hamlet residents), to try to debunk
the false concept that the Burakumin are a different race from other
Japanese.
According to the Ministry of Justice, there were nearly 1.77
million legal foreign residents as of 2001, accounting for 1.34 percent
of the population. Of these, the largest group at approximately 632,000
were ethnic Koreans, followed by the Chinese, Brazilians, and
Filipinos. The number of Korean residents--a record low 35.6 percent of
the foreign population in 2001--has been decreasing steadily since 1991
as Korean nationals naturalized or married Japanese, which allows their
children to gain citizenship automatically. Despite improvements in
legal safeguards against discrimination, Korean permanent residents
(most of whom were born, raised, and educated in Japan) still were
subjected to various forms of deeply entrenched societal
discrimination. In 2001 two associations representing Korean residents
in Japan lodged protests against the Public Security Investigative
Agency (PSIA) and the Kyoto municipal government when media reports
revealed that the PSIA had investigated over 200 persons of Korean
ancestry under the Subversive Activities Prevention Law.
Other foreigners also were subject to discrimination. There was a
widespread perception that foreigners commit many crimes. In 2001 non-
Japanese residents of Nagano prefecture petitioned the governor to
remove posters issued by the Nagano Prefectural Police and the Japan
Crime and Fire Prevention Communication Association that depicted
foreigners committing crimes. Also in 2001, as a result of widespread
media attention, appeals by the Justice Ministry, and an
antidiscrimination campaign waged by NGOs, several businesses in
Hokkaido lifted their bans against foreigners. In 2001 Hokkaido police
investigated death threats made against a foreign born naturalized
citizen who had sued both a bathhouse for refusing him entrance on the
basis of race and the Otaru Municipal government for failing to take
measures to stop discriminatory entrance policies. In November the
Sapporo District Court ordered the bathhouse to pay the plaintiff
$25,000 (3 million yen) for subjecting the plaintiff to racial
discrimination. The court rejected the claim against the Otaru
Municipal government, saying that the International Convention on the
Elimination of All Forms of Racial Discrimination does not require
local governments to institute ordinances to stamp out 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 would be lost. Obstacles to naturalization included
broad discretion available to adjudicating officers and great emphasis
on Japanese-language ability. Naturalization procedures also required
an extensive background check, including inquiries into the applicant's
economic status and assimilation into society. Koreans were given the
option of adopting a Japanese surname. The Government defended its
naturalization procedures as necessary to ensure the smooth
assimilation of foreigners into society. Alien permanent residents may
live abroad for up to 4 or 5 years without losing their right to
permanent residence in the country.
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 were not unconstitutional. In 2000 the Supreme Court
upheld Nagoya and Osaka High Court decisions rejecting appeals by
Korean permanent residents demanding the right to vote in local
elections. The courts have consistently ruled that limiting the vote to
citizens is constitutional, but that the Diet could legislate suffrage
for foreign residents. Such legislation was submitted to the Diet
during the year; however, at year's end, strong opposition to the
legislation within the Diet, particularly within the Liberal Democratic
Party, remained. In 1999 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-language schools are not eligible to take
national university examinations. However, in 2000 the Education
Ministry announced that, beginning in 2001, graduates of non-Japanese-
language schools would be eligible to take national university
examinations if they passed a state-run high school equivalency test.
In 2001 the Education Ministry began studying implementation of a
Cabinet report that concluded universities should admit graduates of
non-Japanese-language schools without the high school equivalency test.
A number of local governments provided subsidies to Korean schools; the
central government did not subsidize any non-Japanese-language schools.
The Association of National Universities also took action in 2001,
urging state universities to scrap nationality clauses from their
admissions criteria. A majority of state-run universities are expected
to comply with the Association's request, which will open the door for
many graduates of non-Japanese-language high schools to gain access to
a much broader range of university-level educational opportunities.
In 2000 a revised law to end the practice of fingerprinting
permanent foreign residents went into effect. 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 citizens. 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.
However, in 2001 the Osaka High Court confirmed the legality of the
former fingerprinting procedure and overturned a 1998 lower court
ruling that had ordered three prefectures to pay damages to six foreign
residents who had been tried for violations of the Alien Registration
Law in the 1980s for refusing to be fingerprinted.
In 1996 the Home Affairs Ministry reversed the long-held national
policy of opposition to localities lifting the Japanese nationality
requirement for public servants. 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 clearly to state which jobs
were closed to noncitizens. Some of the jobs considered off limits
included tax collection, construction permit issuance, sanitation
inspection, and firefighting.
Several local governments have changed their rules in response to
the Government's position. In 1999 the Hakodate municipal government
began to 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
forbade hiring noncitizens.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of workers to associate freely in unions. Approximately 11.2
million workers, 20.7 percent of all employees, belonged to labor
unions. Unions were free of government control and influence. Although
most unions were involved in political activity as well as labor
relations, they were not controlled by political parties. There were no
restrictions requiring a single trade union structure, nor were there
restrictions on who may be a union official. The Japanese Trade Union
Confederation, which represented 7.2 million workers and was formed in
1989 through the merger of several confederations, was the largest
labor organization.
Unions were free also to affiliate internationally and were active
in international bodies, most notably the International Confederation
of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides unions with the right to organize, bargain, and
act collectively. These rights were exercised freely, and collective
bargaining was practiced widely. The annual ``Spring Wage Offensive,''
in which individual unions in each industry conduct negotiations
simultaneously with their firms, involved nationwide participation.
Management usually consulted closely with its enterprise union.
However, trade unions were independent of management and aggressively
pursued the interests of their workers. The law prohibits antiunion
discrimination, and adequate mechanisms existed for resolving cases
that occurred, including the reinstatement with back wages of any
workers fired for union activities. The right to strike, implicit in
the Constitution, was exercised. During 2001 29,101 workdays involving
223,144 employees were lost to strikes. The law prohibits retribution
against strikers and is enforced effectively.
However, some public employees, including 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 with the
International Labor Organization's (ILO) Committee on the Application
of Conventions and Recommendations over the 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 has asked the Government to consider measures it could
take to encourage negotiations with public employees. The Government
determines the pay of government employees based on a recommendation by
the independent National Personnel Authority.
There were no export processing zones.
c. Prohibition of Forced or Bonded 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 were not specified in the provision, this legal
prohibition against forced or compulsory labor applies equally to
adults and to children.
Former Allied prisoners of war and Chinese and Korean workers
continued to press claims for damages and compensation for forced labor
during World War II in Japanese civil courts, U.S. courts, and in
complaints to the ILO. During the year, 15 Chinese men who were forced
to work in coal mines during World War II appealed a decision handed
down by the Fukuoka High Court that ordered Mitsui Mining Co., but not
the Government, to pay them compensation. In late 2001, 18 Chinese men
filed a law suit for damages against the Government and two major
construction firms to seek compensation for their forced labor during
World War II, seeking $3.87 million (464.4 million yen) in damages and
a public apology. In 2001 the Tokyo and Kyoto District Courts ordered
the Government to pay damages in two separate cases. In the first,
compensation was ordered to be paid to the family of a Chinese man who
died in hiding after escaping from a coal mine where he had been forced
to work during World War II. In the second case, compensation was
ordered to be paid to 15 survivors of a 1945 explosion that had killed
524 Koreans brought to the country as forced laborers. Both lower
courts ruled that the Government had failed to ensure a safe return
home for the laborers but rejected further compensation for their
forced labor. The Government was appealing both rulings at year's end.
In 2000 the Diet passed a law offering ``condolence money'' for foreign
nationals killed or injured while serving with the Imperial army in
response to a 1998 Tokyo High Court recommendation. The Public
Management Ministry began accepting applications for condolence money
in 2001; the legislation provides for payments of $33,333 (4 million
yen) to seriously injured foreign national soldiers and $21,667 (2.6
million yen) to the survivors of those foreign nationals killed in
service. However, seriously injured Japanese veterans are eligible for
$632,761 (80 million yen) and a lifetime pension. An ILO committee has
called on the Government to take additional measures to satisfy
individual Chinese and Korean victims of forced labor during the war.
The Asian Women's Fund continued to support 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. By law children
under the age of 15 may not be employed, and those under age 18 may not
be employed in dangerous or harmful jobs. In 2001 the Labor Inspection
Division of the Ministry of Labor, which vigorously enforces the Labor
Standards Law, reported 18 instances of children under the age of 15
being employed and 25 instances of children under the age of 18 being
employed in dangerous or harmful jobs.
The Government prohibits forced or bonded labor, including that
performed by children, and enforced this prohibition effectively (see
Section 6.c.).
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 was considered widespread. Minimum wage
rates, effective during the year, ranged from $18 (2,231 yen) per hour
in Tokyo to $11 (1,358 yen) in Aomori prefecture and were 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 criticized the
Government for failing to enforce maximum working hour regulations in
smaller firms.
The Ministry of Labor effectively administered various laws and
regulations governing occupational health and safety, principal among
which is the Industrial Safety and Health Law. Standards were set by
the Ministry of Labor and issued after consultation with the Standing
Committee on Safety and Health of the Central Labor Standards Council.
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.
The Immigration Bureau of the Justice Ministry estimated that, as
of January 1, there were 224,000 foreign nationals residing illegally
in the country, a 3.5 percent reduction from the previous year. Illegal
immigrants came primarily from South Korea, the Philippines, China,
Thailand, and Malaysia. In 2001 the Justice Ministry announced plans to
construct a new immigration detention facility in Tokyo and to increase
legal immigration numbers by 1,100 over a 5-year period as part of an
effort to decrease the numbers of illegal foreign residents. Ministry
of Justice sources said that the economic recession, the enactment of a
package of measures designed to counter illegal immigration, and the
aftershocks of the terrorist attacks of September 11 were among the
reasons for the drop in the illegal immigrant population.
While many foreign illegal residents entered the country in search
of better paying manufacturing and construction jobs, these
opportunities decreased during the economic slowdown. Thus more foreign
workers were unemployed or marginally employed. Activist groups claimed
that employers exploited or discriminated against foreign workers, who
often had little or no knowledge of the Japanese language or their
legal rights. In 2001 NGOs held a forum on migrant labor that was
attended by 1,000 activists. The forum was held to draw attention to
exploitative practices, including unsafe working conditions and unpaid
overtime, to which foreign workers were exposed while working on
``trainee'' visas under the Foreign Technical Trainee and Technical
Internship Programs.
The Government tried to reduce the inflow of illegal foreign
workers by prosecuting employers. 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. In addition, the
1999 revision to the immigration law established penalties for illegal
stays separate from existing injunctions against illegal entry. The
Government continued to study the foreign worker issue, and several
citizens' groups were working with illegal foreign workers to improve
their access to information on worker rights.
f. Trafficking in Persons.--The Constitution prohibits holding
persons in bondage, and the Penal Code contains several provisions that
could be used to combat trafficking of persons; however, there are no
specific laws that prohibit trafficking in persons, and trafficking of
women and girls into the country was a problem. Women and girls,
primarily from Thailand, the Philippines, and the former Soviet Union,
were trafficked into the country for sexual exploitation and forced
labor. Women and girls from Colombia, Brazil, Mexico, South Korea,
Malaysia, Burma, and Indonesia also were trafficked into the country in
smaller numbers. Japan also was a destination for illegal immigrants
from China who were trafficked by organized crime groups who often held
such persons in debt bondage for sexual exploitation and indentured
servitude in sweatshops and restaurants. The Government has reported
that some smugglers used killings and abduction to ensure payment.
There was evidence that trafficking took place within the country
to the extent that some recruited women subsequently were forced,
through the sale of their ``contracts,'' to work for other employers.
Child prostitution was a problem (see Section 5).
Reliable statistics on the number of women trafficked to the
country were unavailable. During the year, the National Police Agency
identified 55 women as potential trafficking victims during criminal
investigations involving entertainment businesses. During the course of
those investigations, 28 individuals were prosecuted as trafficking
brokers under various immigration and entertainment facility laws.
However, the Government does not consider an individual who has
willingly entered into an agreement to work illegally in the country to
be a trafficking victim, regardless of that person's working conditions
once in the country. Thus, government figures may understate the
problem as persons who agreed to one kind of work found themselves
doing another, or were subject to force, fraud, or coercion.
Traffickers were prosecuted for crimes ranging from violations of
employment law to Penal Code offenses such as abduction, and the
Government did not compile statistics on the number of trafficking
victims associated with these cases. Since trafficked women generally
were deported under immigration law as prostitutes, immigration
statistics may provide only a rough picture of the scale of the
problem. A government-funded study released in 2000 found that nearly
two-thirds of foreign women surveyed following arrests for immigration
offenses stated that they were working in the sex industry under
duress.
Many women who were trafficked into the country, particularly from
the Philippines, entered legally on entertainment visas. In 2001
approximately 72,000 women from the Philippines entered the country on
such visas. ``Entertainers'' are not covered by the Labor Standards
Law, and have no minimum wage protections; however, there were
indications that they may be somewhat less vulnerable to abuse by
employers than female migrant workers entering illegally or on other
types of visas. In a move to tighten scrutiny on the entertainer visa
system, the Immigration Control and Refugee Recognition Law was revised
to give Regional Immigration Bureaus the authority to verify that
foreigners entering the country on such visas are abiding by all
relevant regulations. Early results of the checks showed that a
significant number of entertainer visa holders acquired their visas
using fraudulent information, often listing defunct shops or fictitious
establishments as employers on immigration documents. Regional
Immigration Bureaus planned to file criminal complaints against
promoters of entertainer visas who submitted fraudulent information.
Brokers in the countries of origin recruited women and ``sold''
them to Japanese intermediaries, who in turn subjected them to debt
bondage and coercion. Agents, brokers, and employers involved in
trafficking for sexual exploitation often had ties to organized crime.
Women trafficked to the country generally were employed as
prostitutes under coercive conditions in businesses licensed to provide
commercial sex services. Sex entertainment businesses are classified as
``store form'' businesses such as strip clubs, sex shops, hostess bars,
and private video rooms, and as ``nonstore form'' businesses such as
escort services and mail order video services which arrange for sexual
services to be conducted elsewhere. According to NGOs and other
credible sources, most women who were trafficked to the country for the
purpose of sexual exploitation were employed as hostesses in ``snack''
bars, where they were required to provide sexual services off premises.
Many Thai women were enticed to come to the country with offers of
lucrative legitimate employment, only to be sexually exploited; many
others reportedly knew that they would work as prostitutes. However,
whether or not they understood the nature of the work they would be
doing, trafficked women generally did not understand the debts they
would be forced to repay, the amount of time it would take them to
repay the debts, or the conditions of employment they would be
subjected to upon arrival. According to Human Rights Watch, the
passports of Thai women trafficked to work in ``dating'' bars usually
were confiscated by their employers, who also demanded repayment for
the cost of their ``purchase.'' Typically, the women were charged
$25,000 to $40,000 (3 million to 5 million yen); their living expenses
and expenses for medical care (when provided by the employer) and other
necessities, as well as ``fines'' for misbehavior, were added on to the
original ``debt'' over time. How the debt was calculated was left to
the employers; the process was not transparent, and the employers
reportedly often used the debt to coerce additional unpaid labor from
the trafficked women. Employers also sometimes ``resold'' or threatened
to resell troublesome women or women found to be HIV positive, thereby
increasing the debt they must repay and possibly worsening their
working conditions. To repay the debts they incurred, trafficked women
generally had to work long hours (often with no days off) for several
months, essentially without pay. Many women were not allowed to refuse
clients, even those known to be physically abusive. Most Thai women
trafficked into the sex trade had their movements strictly controlled
by their employers while working off their debt, and were threatened
with reprisals, perhaps through members of organized crime groups, to
themselves or their families if they tried to escape. Employers often
isolated the women, subjected them to constant surveillance, and used
violence to punish them for disobedience. Most trafficked women also
knew that they were subject to arrest if found without their passports
or other identification documents. Few spoke Japanese well, making
escape even more difficult.
In 1999 the Diet amended the Law on Control and Improvement of
Amusement Businesses in order to supplement the Prostitution Prevention
Act as an instrument against trafficking. The amended law sanctions
employers rather than just sanctioning victims and requires the
Government to refuse to grant or to revoke the business license of
anyone convicted of the ``crime of encouragement'' to engage in
prostitution. In 1999 the Diet also enacted a law intended to prevent
all forms of sexual exploitation of children, whether trafficked or
not, which imposes a 1- to 3-year sentence on anyone convicted of
trading in children for the purpose of child prostitution or child
pornography. Traffickers can also be prosecuted for violations of
employment, immigration, or labor laws, and for Penal Code offenses
such as abduction and kidnaping. However, relatively few persons have
ever been prosecuted in connection with trafficking and forced sexual
servitude; those who were prosecuted generally were prosecuted in
connection with violations of immigration law. There were allegations
that some law enforcement units have been reluctant to investigate
reports of trafficking, and that the Government has not been aggressive
in arresting and prosecuting suspected traffickers. The use of
suspended sentences in trafficking cases was also a concern.
Domestic NGOs and lawyers compiled credible anecdotal evidence
suggesting that some individual police officials returned trafficking
victims to their employers when these individuals sought police
protection. NGOs also reported that police sometimes declined to
investigate suspected brokers when presented with information obtained
from trafficking victims.
Except for the Tokyo Metropolitan government, which funded a Tokyo-
based NGO assisting victims of trafficking, the Government did not
assist victims of trafficking for sexual purposes other than to house
them temporarily in facilities established under the Antiprostitution
Law, in detention centers for illegal immigrants, or through referrals
to shelters run by NGOs; generally they were deported as illegal
aliens. Victims often were treated as criminals because the Government
does not consider persons who willingly enter for illegal work to be
trafficking victims. Women without documentation or sufficient funds to
return to their country of origin were sometimes detained for long
periods. Several NGOs throughout the country provided shelter, medical
aid, and legal assistance to trafficking victims. A domestic violence
law passed in April may channel funding to NGOs that are working to
provide protection to trafficking victims as well as victims of
domestic violence. The Government funded trafficking prevention efforts
in Asian source countries, sponsored public information campaigns
targeted at potential victims, and provided equipment and training to
police and customs officials in those countries.
__________
KIRIBATI
Kiribati is a constitutional republic that occupies 33 small
islands widely scattered across 1.365 million square miles of the
central Pacific Ocean. The country has a popularly elected president
and a legislative assembly of 42 members; 40 are elected by universal
adult suffrage, the Rabi Island Council in Fiji nominates one, and the
Attorney General holds an ex-officio assembly position. The judiciary
is independent.
A police force of about 250 personnel is controlled effectively by
the civilian authorities.
The country has a population of over 90,000 that is primarily
Micronesian, with a significant component of Polynesian origin.
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 per capita gross domestic product is approximately
$500.
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, the Government placed some
limits on freedom of the press. In this traditional culture, women
occupy a subordinate role and have limited job opportunities. Violence
against women and child abuse in urban areas were problems. Kiribati
was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
REPSECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 inhuman or
degrading treatment or punishment and the Government generally observed
this prohibition; traditional practice permits corporal punishment for
criminal acts and other transgressions. On some outer islands, the
island councils occasionally ordered strokes with palm fronds to be
administered for public drunkenness and other minor offenses, such as
petty theft.
Prison conditions generally met international standards. There are
separate prisons for men and women. Children under age 16 are not
incarcerated. There is no separate facility for juvenile offenders aged
16 or older. Juveniles aged 16 to 17 may be detained no longer than 1
month in the adult facility. Pretrial detainees who do not meet bail
are housed with convicted prisoners. Family members and church
representatives are allowed access to prisoners. Both diplomats and
senior judicial officials have visited the prisons, including some
unannounced visits, and reported no problems. The question of
monitoring prison conditions by local human rights groups did not
arise, and there were no reported requests by nonresident international
human rights observers to visit prisons. No policy concerning such
visits has been formulated.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
The Constitution prohibits government restrictions on citizens'
freedom of movement, but does not restrict such actions by the village
councils of elders. The Government does not use forced exile; however,
on rare occasions village maneabas (councils) have used this
punishment. This practice has never been challenged legally.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
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 with
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 the law. Procedural
safeguards are based on English common law.
The Attorney General's office and the courts developed case
backlogs during the year due to staffing shortages. This problem had
been resolved by year's end, in large part by the appointment of a
second High Court judge.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such practices, and the Government
generally respected these prohibitions 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 generally
respected these rights in practice; however, the Government limited
these rights in some instances. Under the 1988 Newspaper Registration
Act, newspapers are required to register with the Government. In
October the legislature amended the act to give the Government the
authority to deregister a newspaper if the publication was found to
have published material deemed to be offensive to good taste, decency,
or public feeling, or likely to encourage or incite to crime. The
amendment also required newspapers to ensure that, in an article
affecting the ``credibility or reputation of any person,'' the affected
individual can respond in the same article. Fines of $286 (A$500) may
be assessed for each violation of these provisions. As of year's end,
no publications had been deregistered or prevented from publishing.
Opponents criticized the amendment as an attempt by the Government to
restrict press freedom.
In 2000 a former president established the country's first private
newspaper, which enabled the opposition to present views divergent from
those in the Government-owned newspaper.
The sole AM and sole FM radio stations in Tarawa are government-
owned; Radio Kiribati (AM) broadcast live national news and
entertainment as well as hourly Radio Australia and Voice of America
programming. The Government FM station relayed a continuous feed from
BBC Radio. In 1999 an opposition attempt to operate a private radio
station was blocked when the Government closed the station and fined
the owners for attempting to import broadcasting equipment without a
license. The station owner instituted legal action, and New Air FM was
issued a government license in December. The former president owns this
station and the only regularly published private newspaper. A foreign
journalist was barred from entering the country in 1999 after cabinet
officials criticized his articles for giving ``a bad impression of the
country.'' The journalist did not attempt to reenter the country during
the year. Churches published newsletters and other periodicals. High
costs limited the availability of foreign print media and Internet
access, but there were no government-imposed limitations.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice. Permits are
required for public gatherings, but these were granted routinely.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
There is no national legislation implementing the 1951 U.N.
Convention Relating to the Status of Refugees and its 1967 Protocol,
and the Government has not formulated a policy regarding refugees,
asylees, or first asylum. There were no applications for first asylum
or refugee resettlement during the year. However, in 2001 the
Government offered temporary protection on Canton Island for a group of
Afghans interdicted at sea, pending formal determinations of their
asylum claims by the Government of Australia. The offer was considered
but not accepted. 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. To be elected, a candidate must secure at least
half the valid votes cast; if there is no first-round winner, a runoff
election is held. The President exercises executive authority and is
elected for a 4-year term. The elected Legislative Assembly nominates
no fewer than three and no more than four presidential candidates from
among its members. Under the Constitution, the President is limited to
three terms. First-round legislative elections were held in November,
with runoff elections in December; the elections were free and fair.
President Teburoro Tito was reelected to the National Assembly;
however, government candidates lost 14 seats, including 7 previously
held by government ministers. A separate presidential election was
scheduled for February 23, 2003. Three women held permanent secretary
positions, and there were 2 women in the 42-member Parliament.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no restrictions on the formation of local human rights
nongovernmental organizations, but none have been formed. There were no
restrictions on operations by international human rights groups. There
were no reported allegations of human rights abuses by the Government
during the year, and no known requests for investigations.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race,
creed, national origin, or sex, and the Government observed these
prohibitions in practice; however, only native-born I-Kiribati may own
land. Society is fundamentally egalitarian and has no privileged class.
Women.--Spousal abuse and other forms of violence against women
were a significant problem. Frequently, alcohol abuse was a factor in
attacks on women. The law does not specifically address domestic
violence, but general common law and criminal law make assault in all
forms illegal. Rape, including spousal rape, is a crime, and the law
was enforced when charges were brought to court. However, it is
believed that such prosecutions are relatively infrequent.
Prostitution is not illegal, but it was not common; procuring sex
and managing brothels are illegal. The law does not specifically
prohibit sex tourism; however, there were no reports of such activity.
Obscene or indecent behavior is banned.
The law does not prohibit sexual harassment; however, it generally
was not regarded as a problem.
The Constitution prohibits discrimination based on sex; however,
the traditional culture, in which men are dominant, has impeded a more
active role for women in the economy. Nevertheless, women are slowly
finding work in unskilled and semiskilled occupations. The Government
increased its hiring and promotions of women to some extent. Section 77
of the Employment Ordinance prohibits ``night work'' by women except in
seven exempt occupations including health worker, hotel, bar, and
restaurant worker, and business manager. However, this ordinance was
little known, and there were no reported prosecutions based on its
provisions. Statistics on the participation of women in the work force
and on comparative wages were unavailable, and statistics were
generally not well collected in the country. Women have full rights of
ownership and inheritance of property as well as full and equal access
to education.
Children.--Within its limited financial resources, the Government
made adequate expenditures for child welfare. Primary education is
compulsory, free, and universal for children between the ages of 6 and
14 years. In practice, the Government did not enforce primary school
attendance. Unofficial estimates indicated that over 50 percent of all
children attended school with no significant gender discrimination. The
approximately 40 percent of primary school graduates who pass a
national examination qualify for 3 additional years of subsidized
junior secondary and 4 years of subsidized senior secondary education;
a small fee was charged to other students who wished to matriculate at
these levels.
The Government provided free national medical service; however,
there were no doctors on the outer islands. The central hospital in
Tarawa provided basic medical services, but not intensive care
facilities. There were no reports of gender bias in the provision of
health services.
Child abuse was a growing problem, particularly on South Tarawa.
Persons with Disabilities.--The law does not prohibit specifically
discrimination against persons with disabilities; however, there were
no complaints of discrimination in employment, education, or in the
provision of other state services for persons with mental or physical
disabilities. Accessibility for persons with disabilities has not been
mandated; accommodations for persons with disabilities were basically
nonexistent.
The central hospital on Tarawa has a wing for persons with mental
disabilities. There was a foreign national psychiatrist working in
Tarawa. Foreign-based aid workers and the World Health Organization
cooperated with the Ministry of Health to conduct outer island
workshops for health workers.
Section 6. Worker Rights
a. The Right of Association.--Freedom of association is provided
for in the Constitution, and workers are free to join and organize
unions. Over 90 percent of the work force were occupied in fishing or
subsistence farming, but the small wage sector had a relatively strong
and effective trade union force. An estimated 10 percent of wage-
earning workers were union members. In 1982 seven registered trade
unions merged to form the Kiribati Trade Union Congress (KTUC), which
has approximately 2,500 members. There are no official public sector
trade unions; however, public sector nurses and teachers belonged to
voluntary employee associations similar to unions and were
approximately 30 to 40 percent of total union and association
membership.
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.--The law
protects workers from employer interference in their right to organize
and administer unions. The Government did not control or restrict union
activities; however, unions must register with the Government.
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 could
negotiate wages and other conditions. In the private sector, individual
employees also could negotiate wages with employers. In keeping with
tradition, negotiations generally were nonconfrontational. There were
no reports of antiunion discrimination, and there were mechanisms to
resolve any complaints that might arise.
The law provides for the right to strike. However, strikes are
rare; the last one took place in 1980.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, and there were no reports that such
practices occurred.
The prohibition does not mention specifically forced and bonded
labor by children; however, there were no reports that such practices
occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under the age
of 14. 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 generally enforced these
laws effectively, given the rudimentary conditions of the economy.
Children rarely were employed outside the traditional economy.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--There is no minimum wage. There
is provision for a minimum wage at ministerial discretion, but it has
never been implemented. Income tended to be pooled within the extended
family, and the standard income appeared adequate to provide a decent
standard of living for a worker and family. There is no legislatively
prescribed workweek. Workers in the public sector (80 percent of the
wage-earning work force) worked 36, hours per week, with overtime pay
for additional hours.
Employment laws provide rudimentary health and safety standards for
the workplace. For example, employers had to provide an adequate supply
of clean water for workers and ensure the existence of sanitary toilet
facilities. Employers were liable for the expenses of workers injured
on the job. However, the Government's ability to enforce employment
laws was hampered by a lack of qualified personnel. Workers did not
have the right to remove themselves from hazardous work sites without
risking loss of employment.
There are no laws specifically to protect foreign workers; however,
there were no significant numbers of foreign workers and no reports of
mistreatment. Some foreign volunteers and missionaries worked in the
schools.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, there have been no confirmed reports that persons
were trafficked to, from, or within the country.
__________
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA \1\
---------------------------------------------------------------------------
\1\ 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
guests 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 Democratic People's Republic of Korea (DPRK or North Korea) is
a dictatorship under the absolute rule of Kim Jong Il, who has
exercised unchallenged authority since his father Kim Il Sung died in
1994. He was named General Secretary of the Korean Workers' Party (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
``eternal president.'' The Korean People's Army continued to displace
the KWP as Kim Jong Il's chief instrument for making and implementing
policy. The titular head of state is Kim Yong Nam, the President of the
Presidium of the Supreme People's Assembly. Both Kim Il Sung and Kim
Jong Il continue to be the objects of intense personality cults. The
regime continues to emphasize ``juche,'' a national ideology of self-
reliance. The judiciary is not independent.
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 also
assisted the Ministry of Public Security (MPS) and the KWP in
maintaining internal security. Members of the security forces committed
serious human rights abuses.
The State directed all significant economic activity, and only
government-controlled labor unions were permitted in this country of 22
million persons. Industry continued to operate at significantly reduced
capacity, reflecting antiquated plant and equipment and severe
shortages of inputs, due in part to the sharp decline in trade and aid
that followed the collapse of the former Soviet Union and East European
Communist governments. Efforts at recovery have been hampered by heavy
military spending, which amounted to approximately one quarter of gross
domestic product (GDP) before the economy went into decline and was
probably an even larger share of national output during the year. The
economy was also hampered by a lack of access to commercial lending
stemming from the country's default on its foreign debt and its
inability to obtain loans from international financial institutions.
Rarely food self-sufficient, the country relied on international aid
and trade to supplement domestic production, which has been hobbled by
disastrous agricultural policies. From 1995 to 1997, famine caused
internal dislocation and widespread malnutrition, and an estimated 1 to
2 million persons, or possibly as much as 10 percent of the population,
died from starvation and related diseases.
Economic and political conditions have caused at least tens of
thousands of persons to flee their homes. The Government continued to
seek international food aid, produce ``alternative foods,'' and take
other steps to boost production. It permitted the spread of farmers'
markets to compensate for the contraction of food supplied through the
public distribution system. Food, clothing, and energy were rationed
throughout the country. The U.N.'s World Food Program provided
assistance to children and mothers, and the elderly. According to South
Korean figures, North Korea's GDP began to grow slightly in 2000, but
this was due largely to international aid and South Korean investment
and followed years of steady decline during which GDP was estimated to
have shrunk by half since 1993. In mid-year, North Korea raised wages
and prices drastically and announced a shift in management methods
towards granting managers more responsibility. However, these changes
failed to have the desired impact on the country's economy, as
inflation rose dramatically in the later months of the year. The
creation of a Special Administrative Region (SAR) in Sinuiju was
announced but encountered immediate difficulties; the Sinuiju SAR is
planned as an autonomous region with its own legislative,
administrative, and judicial systems, intended to specialize in light
industries in line with the July economic reform measures.
The Government's human rights record remained poor, and it
continued to commit numerous serious abuses. Citizens did not have the
right peacefully to change their government, and the leadership viewed
most international human rights norms, particularly individual rights,
as illegitimate, alien, and subversive to the goals of the State and
Party. There continued to be reports of extrajudicial killings and
disappearances. Citizens were detained arbitrarily, and many were held
as political prisoners. Prison conditions were harsh, and torture was
reportedly common. Female prisoners underwent forced abortions, and in
other cases babies reportedly were killed upon birth in prisons. The
constitutional provisions for an independent judiciary and fair trials
were not implemented in practice. The regime subjected its citizens to
rigid controls over many aspects of their lives. A human rights
dialogue initiated by the European Union in 2001 led to another
exchange of views in June 2002 in Pyongyang, but the Government did not
acknowledge that international standards of human rights apply to North
Korea. The Penal Code is Draconian, stipulating capital punishment and
confiscation of 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. Citizens were denied freedom of speech, the press, assembly,
and association, and all forms of cultural and media activities were
under the tight control of the Party. Little outside information
reached the public except that which was approved and disseminated by
the Government. The Government restricted freedom of religion,
citizens' movement, and worker rights. There were reports of
trafficking in women and young girls among refugees and workers
crossing the border into China.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary and Unlawful Deprivation of Life.--Defectors and
refugees have reported that the regime executed political prisoners,
opponents of the regime, some 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 were
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 by workers, students, and school children.
Executions also were carried out before assembled inmates at places of
detention. Border guards reportedly had orders to shoot to kill
potential defectors. Similarly, prison guards were under orders to
shoot to kill those attempting escape in political concentration camps,
according to defectors.
Defectors have reported that government officials prohibited live
births in prison. Forced abortion and the killing of newborn babies
reportedly were standard prison practices (see Section 1.c.).
Religious and human rights groups outside the country reported that
some members of underground churches were killed because of their
religious beliefs and suspected contacts with overseas evangelical
groups operating across the Chinese border (see Section 2.c.).
Many prisoners reportedly have died from disease, starvation, or
exposure (see Section 1.c.).
According to some humanitarian organizations, the Government has
channeled international food and medical aid to the party elite,
military personnel, and other persons viewed as loyal to the regime.
b. Disappearance.--The Government reportedly was responsible for
cases of disappearance. According to recent defector reports,
individuals suspected of political crimes often were taken from their
homes by state security officials late at night and sent directly,
without trial, to camps for political prisoners. There are no
restrictions on the ability of the Government to detain and imprison
persons at will and to hold them incommunicado, without notifying
detainees' relatives.
There also were long-standing reports of past government
involvement in the kidnaping abroad of South Koreans, Japanese, and
other foreign nationals. On September 17, Kim Jong Il admitted to
Japanese Prime Minister Koizumi that the Government had abducted 13
Japanese citizens during the 1970s. According to Japanese government
officials, these abductions took place between 1977 and 1983.
Government spies used the identities of some of the victims, and some
of the victims were forced to provide training in Japanese language and
customs. The Government allowed five surviving victims to visit Japan
in October for 1 week, but the victims have remained in Japan since
that time. The Government alleged that the remaining 8 are deceased.
There was speculation, not officially confirmed by the Japanese
government or the DPRK government, that the DPRK government has
abducted many more Japanese residents over the years.
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 beach. According to those arrested, there were
several other kidnapings in the late 1970s and early 1980s. The South
Korean government has compiled a list of 486 South Korean citizens,
most of whom were fishermen, abducted since the 1950-53 Korean War.
In addition, several suspected cases in recent years of kidnaping,
hostage-taking, and other acts of violence, apparently intended to
intimidate ethnic Koreans living in China and Russia, have been
reported. There were unconfirmed reports that in January 2000 North
Korean agents. Despite the unprecedented admission to Prime Minister
Koizumi, the Government continued to deny that it had been involved in
kidnapings of other foreign nationals.
Numerous reports indicated that ordinary citizens were not allowed
to mix with foreign nationals, and Amnesty International reported that
a number of citizens who maintained friendships with foreigners have
disappeared.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Torture is not prohibited by law. Methods of torture
reportedly routinely used on political prisoners included severe
beatings, electric shock, prolonged periods of exposure, humiliations
such as public nakedness, and confinement to small ``punishment
cells,'' in which prisoners were unable to stand upright or lie down,
where they could be held for several weeks. According to defector
reports, many prisoners died from torture, disease, starvation,
exposure, or a combination of these causes. The U.S. Committee for
Human Rights in North Korea claimed that approximately 400,000 persons
died in prison since 1972.
Recent crackdowns in China on prostitution and forced marriages
resulted in the deportation of thousands of North Korean women, some of
whom were pregnant, and many were imprisoned upon their return to the
country. There were reports that North Korean officials prohibited live
births in prison and that a policy of forced abortion was regularly
implemented, particularly in those detention centers holding women
repatriated from China. In those cases where live births did occur, the
babies reportedly were immediately killed. In addition, guards sexually
abused female prisoners.
Prison conditions were harsh; starvation and executions were
common. Entire families, including children, were imprisoned when one
member of the family was accused of a crime. ``Reeducation through
labor'' was a common punishment, consisting of forced labor, such as
logging and tending crops, under harsh conditions. Visitors to the
country observed prisoners being marched in leg irons, metal collars,
or shackles. In some places of detention, prisoners were given little
or no food and, when they contracted illnesses, were denied medical
care. In one prison, clothing reportedly was issued only once in 3
years.
In June Lee Soon-ok, a woman who spent several years in a prison
camps before fleeing first to China in 1994 and then to South Korea,
testified before the U.S. Senate that the approximately 1,800 inmates
in this particular camp in those years typically worked 16 to 17 hours
a day. Lee Soon-ok witnessed severe beatings and 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
reported that chemical and biological warfare experiments were
conducted on inmates by the army. Other defectors reported similar
experiences. At Camp 22 in Haengyong, approximately 50,000 prisoners
worked under conditions that reportedly resulted in the death of 20 to
25 percent of the prison population annually in the 1990s.
During the year, witnesses testified before the U.S. Congress about
the treatment of persons held in prison camps through the early 1990s.
Some of these witnesses stated that prisoners held on the basis of
their religious beliefs generally were treated worse than other inmates
(see Section 2.c).
The Government did 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
persons at will and to hold them incommunicado.
Little information was 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 reportedly found it
virtually impossible to obtain information on charges against or the
length of sentences of detained persons. Judicial review of detentions
did not exist in law or in practice.
During the year, an estimated 200,000 persons were in detention for
political reasons in camps in remote areas. The Government denied the
existence of prison camps for political prisoners, which are marked as
military areas to prevent access by the local population. In recent
years, the Government reportedly reduced the total number of prison
camps from approximately 20 to less than 10, but the prison population
was consolidated rather than reduced. In addition to these camps for
political prisoners, there reportedly were approximately 30 forced
labor and labor education camps in the country for ordinary criminals
serving shorter terms. The Government did admit that there were
``education centers'' for persons who ``committed crimes by mistake.''
A defector who had been a ranking official in the Ministry of Public
Security stated that conditions in the camps for political prisoners
were extremely harsh and prisoners never emerged. In these camps,
prisoners received little food and no medical provisions. In the labor
camps, however, prisoners could be ``rehabilitated.''
The Government is not known to use forced exile. However, the
Government routinely used forced internal resettlement and has
relocated many tens of thousands of persons from Pyongyang to the
countryside. Although disabled veterans were treated well, other
persons with physical disabilities, as well as those judged to be
politically unreliable, have been sent into internal exile. Often those
relocated were selected on the basis of family background. Nonetheless,
there was some evidence that class background was 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 did not exist in practice. Furthermore, individual rights
were not acknowledged. The Public Security Ministry dispensed with
trials in political cases and referred prisoners to the Ministry of
State Security for punishment.
The Constitution contains elaborate procedural protections. It
states that cases should be heard in public, except under some
circumstances stipulated by law. The Constitution also states that the
accused has the right to a defense, and when trials were held, the
Government apparently assigned lawyers. However, reports indicated that
defense lawyers were not considered representatives of the accused;
rather, they were expected to help the court by persuading the accused
to confess guilt. Some reports noted a distinction between those
accused of political crimes and common criminals and stated that the
Government afforded trials or lawyers only to the latter. The
Government considered critics of the regime to be political criminals.
Numerous reports suggested 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 Kims.
Beginning in the 1970s, the Ten Great Principles of Unique Ideology
directed that anyone who tore or otherwise defaced a newspaper photo of
either of the two Kims was a political criminal and should be punished
as such. Defectors have reported families being punished because
children had accidentally defaced photographs of one of the two Kims.
Families were required to display pictures of the two leaders in their
homes, and if local party officials found that the family had neglected
its photos, the family could be forced to write self-criticisms
throughout an entire year.
A foreigner hired to work on international 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
six more years (with trial) shortly after his release for claiming in a
private conversation that his original imprisonment was unjust.
Common criminals were occasionally amnestied on the occasion of Kim
Il Sung's or Kim Jong Il's birthday.
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 did not respect these provisions in practice. The regime
subjected its citizens to rigid controls. The leadership viewed most
international human rights norms, especially individual rights, as
alien social concepts subversive to the goals of the State and Party.
The Government relied upon an extensive, multilevel system of informers
to identify critics and potential troublemakers. Whole communities
sometimes were subjected to massive security checks. The possession of
``reactionary material'' and listening to foreign broadcasts were
crimes that could subject the transgressor to harsh punishments. In
some cases, entire families were punished for alleged political
offenses committed by one member of the family, under a policy of
``collective retribution.'' For example, defectors reported that
families were punished because children had accidentally defaced
photographs of one of the two Kims (see Section 1.e.).
The Government monitored correspondence and telephone
conversations. Telephones essentially were restricted to domestic
operation although some international service was available on a very
restricted basis.
The Constitution provides for the right to petition. However, when
an anonymous petition or complaint about state administration was
submitted, the Ministries of State Security and Public Safety sought to
identify the author through handwriting analysis. The suspected
individual could be subjected to a thorough investigation and
punishment.
Since the late 1950s 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
were signs that this rigid system has been relaxed somewhat in recent
years--for example, children of religious practitioners were no longer
automatically barred from higher education--it remained a basic
characteristic of KWP political control.
Citizens with relatives who fled to South Korea at the time of the
Korean War still appeared to be classified as part of the ``hostile
class.'' This subcategory alone encompassed a significant percentage of
the population. One defector estimated that those considered
potentially hostile comprised 25 to 30 percent of the population;
others placed the figure at closer to 20 percent. Members of this class
still were subject to discrimination, although defectors reported that
their treatment had improved greatly in recent years.
The authorities subjected citizens of all age groups and
occupations to intensive political and ideological indoctrination.
After Kim Il Sung's death, his cult of personality and the
glorification of his family and the official juche ideology remained
omnipresent, approaching the level of a state religion. The
indoctrination was intended 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
repeatedly was stressed in the writings of Kim Jong Il, who attributed
the collapse of the Soviet Union largely to insufficient ideological
indoctrination, compounded by the entry of foreign influences.
Indoctrination was 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
also called for the intensification of mandatory ideological study and
discussion sessions for adult workers.
Another aspect of the Government's indoctrination system is the use
of mass marches, rallies, and staged performances, sometimes involving
hundreds of thousands of persons. According to news reports, hundreds
of thousands of citizens were mobilized to greet and perform for
China's President, Jiang Zemin, when he visited North Korea in
September 2001. In September 1998, celebrations of the 50th anniversary
of the founding of the country included hours of carefully
choreographed demonstration of mass adulation of the leadership, and in
October 2000, similar celebrations of the 55th anniversary of the KWP
reportedly involved more than 1 million persons.
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 prohibited the
exercise of these rights in practice. Articles of the Constitution that
require citizens to follow ``socialist norms of life'' and to obey a
``collective spirit'' take precedence over individual political and
civil liberties. The regime only permitted activities that supported
its objectives.
The Government strictly curtailed freedom of speech. Authorities
punished persons for criticizing the regime or its policies with
imprisonment or ``corrective labor.'' Persons reportedly have been
placed under surveillance through their radio sets, and imprisoned and
executed for statements made at home that were critical of the regime.
The Government attempted to control all information. Claiming that
the country was under continuing threat of armed aggression, the
Government carefully managed the visits of foreign journalists. On
occasion, when it served its agenda, the Government allowed foreign
media to cover some events. During the year, foreign journalists were
allowed to cover an international marathon and the ``Arirang''
Festival. During the June 2000 inter-Korean summit and other events
involving foreign leaders, groups of foreign journalists were permitted
to accompany official delegations and to file reports, although they
were strictly monitored. They were not allowed to talk to officials or
to persons on the street, and those who arrived with cellular or
satellite phones had them confiscated for the duration of their stay.
In August 2000, the presidents of 46 South Korean newspaper and
broadcast organizations, led by the South Korean Minister of Culture
and Tourism, traveled to the country and met with Kim Jong Il. Foreign
journalists also were allowed to report on the Korean Peninsula Energy
Development Organization (KEDO) light-water reactor groundbreaking at
Kumho in 1997 and the concrete-pouring ceremony in August 2002.
Although more foreign journalists were allowed into the country, the
Government still maintained strict control over the movements of
foreign visitors.
Domestic media censorship was enforced strictly, and no deviation
from the official government line was tolerated. The regime prohibited
listening to foreign media broadcasts except by the political elite,
and violators were subject to severe punishment. Radios and television
sets received only domestic programming; radios obtained from abroad
were required to be submitted for alteration to operate in a similar
manner. CNN television broadcasts were only available in a Pyongyang
hotel frequented by foreigners. Private telephone lines operated on an
internal system that prevents making and receiving international calls;
international phone lines were available only under very restricted
circumstances. Some deluxe hotels in Pyongyang offered Internet service
for foreign visitors. For citizens, Internet access was limited to
high-ranking officials who specialized in science and technology
fields. This access was provided via international telephone lines to a
provider in China.
The Government severely restricted academic freedom and controlled
artistic and academic works. Visitors reported that one of the primary
functions of plays, movies, operas, children's performances, and books
was to contribute to the cult of personality surrounding Kim Il Sung
and Kim Jong Il. The Government reached an agreement with the PRC-based
Yanbian University of Science and Technology to allow a branch
institution to be set up in Pyongyang to be run jointly by the
Government and the University. This would be the first semiprivate
educational institution in the country.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly: however, the Government did not
respect this provision in practice. The Government prohibited any
public meetings without authorization.
The Constitution provides for freedom of association; however, the
Government did not respect this provision in practice. There were no
known organizations other than those created by the Government.
Professional associations existed primarily to facilitate government
monitoring and control over the organizations' members.
c. Freedom of Religion.--The Constitution provides for ``freedom of
religious belief''; however, in practice the Government discouraged
organized religious activity except that which was supervised by
officially recognized groups. In 1992 a constitutional change
authorized religious gatherings, provided for ``the right to build
buildings for religious use,'' and deleted a clause about freedom of
antireligious propaganda. The Constitution also stipulates that
religion ``should not be used for purposes of dragging in foreign
powers or endangering public security.'' Genuine religious freedom did
not exist.
Several government-sponsored religious organizations served as
interlocutors with foreign church groups and international aid
organizations. Foreigners who met with representatives of these
organizations believed that some were genuinely religious but noted
that others appeared to know little about religious dogma, liturgy, or
teaching.
The number of religious believers was unknown but has been
estimated by the media and religious groups at 10,000 Protestants,
10,000 Buddhists, and 4,000 Catholics, in addition to an undetermined
number of persons belonging to underground Christian churches. Some
sources estimated that as many as 500 informal Christian congregations
were active during the year. In its July 30 report to the U.N. Human
Rights Committee, the Government reported the existence of 500 ``family
worship centers,'' an apparent reference to these congregations. Some
reports indicated that such ``house churches'' have been increasingly
tolerated so long as they do not openly proselytize or have contact
with foreign missionaries. The Chondogyo Young Friends Party, a
government-sponsored group based on a traditional Korean religious
movement, also remained in existence.
Most of the 300 Buddhist temples were regarded as cultural relics,
but in some of them religious activity was permitted. Buddhist
scriptures that had been carved on 80,000 wooden blocks and kept at an
historic temple were translated and published. Since 1988 two
Protestant churches under lay leadership and a Roman Catholic church
(without a priest) have opened in Pyongyang. Several schools for
religious education existed, including 3-year religious colleges for
training Protestant and Buddhist clergy. A religious studies program
also was established at Kim Il Sung University in 1989; its graduates
usually go on to work in the foreign trade sector. It was not known
whether any Catholic priests remained in the country. In July 2000,
Seoul Archbishop Nicholas Jin-Suk Cheong, appointed by the Pope as
Apostolic Administrator of Pyongyang, was quoted as stating that while
there were 50 priests in the country in the 1940s, it was not known if
any were still alive.
Hundreds of religious figures have visited the country in recent
years, including papal representatives and religious delegations from
South Korea, the United States, and other countries. Overseas religious
relief organizations have been active in responding to the country's
food crisis. Although some foreigners who visited the country stated
that church activity appeared staged, others believed that church
services were genuine, although sermons contained both religious and
political content supportive of the regime.
Persons engaging in religious proselytizing could be arrested and
subjected to harsh penalties, including imprisonment and prolonged
detention without charge. The regime appeared to have cracked down on
unauthorized religious groups in recent years, particularly on persons
who proselytized or who had ties to overseas evangelical groups
operating across the border with China. The Government appeared
concerned about religiously based South Korean relief and refugee
assistance efforts along the northeast border with China becoming
entwined with political goals, including opposition to the regime. Some
repatriated defectors who had established contacts with religiously
based South Korean groups were reportedly executed.
Religious and human rights groups outside the country continued to
provide numerous, unconfirmed reports that thousands of members of
underground churches were beaten, arrested, detained in prison camps,
or killed because of their religious beliefs. One unconfirmed report
stated that approximately 400 Christians were executed during 2001.
These reports could not be confirmed or disproved because of the
effectiveness of the Government's continued ban on outside observers.
Nonetheless, the collective weight of anecdotal evidence of harsh
treatment of unauthorized religious activity lent credence to such
reports.
Little was known about the actual life of religious persons in the
country. Members of government-recognized religious groups did not
appear to suffer discrimination; in fact, some reports claimed they had
been mobilized by the regime. Persons whose parents were believers but
who themselves were nonpracticing were able to rise to at least the
midlevels of the bureaucracy in recent years. Such individuals, as a
category, suffered broad discrimination in the past. However, the
regime continued to view religious believers belonging to underground
congregations or with ties to evangelical groups in North China as
subversive elements.
The Government dealt harshly with all opponents, including those
engaging in religious practices deemed unacceptable to the regime.
During the year, witnesses testified before the U.S. Congress about the
treatment of persons held in prison camps through the early 1990s. Some
of these witnesses stated that prisoners held on the basis of their
religious beliefs generally were treated worse than other inmates. One
witness, a former prison guard, testified that those believing in God
were regarded as insane, since authorities taught that ``all religions
are opiates.'' He recounted an instance in which a woman was kicked
repeatedly and left with her injuries unattended for days because a
guard overheard her praying for a child who was being beaten.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for the
``freedom to reside in or travel to any place''; however, the
Government did not respect these rights in practice. In the past, the
regime has controlled strictly 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 appeared that the internal controls on travel have
eased significantly. Due to the worsening food conditions in the
country, the Government at times took a benign approach to those who
violated internal travel rules, allowing citizens to leave their
villages to search for food, and there were reports of large-scale
movement of persons across the country in search of food. Only members
of a very small elite had vehicles for personal use. The regime tightly
controlled access to civilian aircraft, trains, buses, food, and fuel.
The Government strictly controlled permission to reside in, or even
to enter, Pyongyang, where food supplies, housing, health, and general
living conditions were much better than in the rest of the country.
The regime issued exit visas for foreign travel only to officials
and trusted artists, athletes, academics, and religious figures. It did
not allow emigration. Following the collapse of Soviet Communism, the
regime recalled several thousand students from overseas, but recently
has again allowed small numbers of students to study abroad.
Since the mid-1990s, there have been numerous reports of a steady
increase in the substantial number of North Korean refugees arriving in
China from which some proceeded to Hong Kong, Vietnam, and other Asian
countries. While thousands crossed into China during the year, many
returned to North Korea after securing food.
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. According to
many unconfirmed reports, some would-be refugees who were returned
involuntarily have been executed (see Section 1.a.), while others faced
harsh prison terms upon repatriation. Some migrants stated that DPRK
border guards received orders to shoot to kill persons attempting to
cross the border into China, although some border crossings for family
visits and trade were permitted. The regime also reportedly retaliated
against the relatives of some of those who managed to leave the
country.
During the year, deportations of North Koreans from China
increased. While the Chinese government has long maintained that there
were only a few hundred North Korean refugees in China, many observers
estimated that since 1994 there have been at least tens of thousands,
and perhaps a few hundred thousand refugees in China. Most crossed the
border clandestinely in small groups to seek food, shelter, and work.
Some settled semi-permanently in Northeastern China, while others
traveled back and forth across the border. Since 2000 the Chinese
government sought out and forcibly repatriated large numbers of these
persons, whom authorities regarded as illegal economic migrants. The
Chinese government also allowed North Korean security forces to operate
within China to track down refugees.
During the year, approximately 130 North Koreans were allowed to
travel to South Korea after seeking refuge in foreign missions in
China. In response to these high-profile incidents, both China and
North Korea tightened border controls, and border crossings declined
significantly late in the year.
North Korean workers and refugees living in Russia also suffered
serious human rights abuses. There were about 6,000 DPRK workers in
North Korean-run camps in the Russian Far East engaged in farming,
mining, and construction; these workers were selected by the Government
to work in Russia. Conditions in these camps were harsh, food was
scarce, and discipline was severe. In the past, there were allegations
that discipline included 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 there in the early 1990s.
Other North Koreans in Russia included those who were sent to work
in Russia but refused to return to the DPRK and those who fled into
Russia from the DPRK. Under a secret protocol, the Public Security
Service reportedly was allowed to work inside Russia until 1993 to
track down workers who fled the camps. Since 1993 many of these
defectors have been engaged in business in the Russian Far East.
Many North Koreans in Russia faced severe hardship due to their
lack of any identification. Workers arriving in Russia usually had
their passport and other identification confiscated by North Korean
border guards.
The Government reportedly has tried to prevent persons from staying
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 countries
in 1957 requires that persons with criminal records be returned to
their country.
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 had not been heard
from, and their relatives and friends in Japan were unsuccessful in
their efforts to gain information about their condition and
whereabouts. The DPRK government and the Japanese government held a
series of bilateral meetings in Beijing in the second half of 1997,
during which the DPRK government agreed to allow some Japanese wives
resident in the DPRK 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 1 week in early 1998. However,
in June 1999 the DPRK government cancelled a visit by Japanese wives to
Japan, citing ``artificial hurdles and inhuman acts on the Japanese
side.'' The visits resumed after the Japanese government and the DPRK
government restarted normalization talks in April 2000. A group of 16
Japanese wives visited Japan in September 2000; however, no visits took
place during 2002.
In September 2001, the wife of a former Japanese Red Army hijacker
being sheltered by the North returned to testify about the group in
Japan.
Although the Government has permitted an increasing number of
overseas Koreans to visit their relatives in North Korea over the past
decade, most requests for such visits were denied. In August and
December 2000, and in February 2001, the DPRK and the Republic of Korea
sent delegations of members of separated families to each other's
capitals for family reunion meetings. However, the meetings generally
were of limited duration and certain topics were barred from
discussion. A fourth reunion was scheduled for October 2001; however,
the Government cancelled the meetings citing South Korea's nation-wide
security alert issued after September 11, 2001. During the year, the
fourth reunion was held, followed by a fifth, and initial discussions
began regarding establishing a permanent reunion center in Mt. Kumgang,
North Korea.
Although more foreign journalists, diplomats, and representatives
of humanitarian organizations were allowed into the country, the
Government maintained strict control over the movements of foreign
visitors. For example, journalists accompanying one visiting foreign
dignitary were not allowed to visit a department store or a train
station; they were not allowed to talk to officials or to persons on
the street. Those who arrived with cellular or satellite phones had
them confiscated for the duration of their stay.
In August 2001, the Government allowed over 300 South Korean
citizens to visit the country to participate in Liberation Day
festivities; this was reportedly the largest South Korean delegation
ever to visit the country. In May another group of 250, from South
Korea's Cheju Island, visited the country. Their movements were
strictly controlled. International humanitarian relief workers also
faced substantial restrictions on their movements within the country
(see Section 4).
Reports, primarily from refugees, indicated that the Government
routinely used forced resettlement, particularly for those deemed
politically unreliable and the physically handicapped.
Although a member of the United Nations, the country did not
participate in international refugee forums. The Government had no
known policy or provision for refugees, asylees, or 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 peacefully. The political system was dominated by the Korean
Workers' Party and Korean People's Army, with Kim Il Sung's heir, Kim
Jong Il, in control. Very little reliable information was available on
intraregime politics following Kim Il Sung's death. The legislature,
the Supreme People's Assembly (SPA), which meets only a few days per
year, served only to rubber-stamp resolutions presented to it by the
party leadership. In 1997 Kim Jong Il acceded to the position of
General Secretary of the KWP. In 1998 the SPA reconfirmed Kim as the
Chairman of the National Defense Commission and declared that position
to be the ``highest office of State.'' The Government adopted a
``military first'' policy that formalized and legitimated the growing
power and influence of the military. The presidency was abolished,
leaving the late Kim Il Sung as the country's only President. The
titular head of state is Kim Yong Nam, the President of the Presidium
of the SPA.
The regime justified 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 emphasized 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. It was used by the regime as a
``spiritual'' underpinning for its rule.
In an effort to give the appearance of democracy, the Government
had created several ``minority parties.'' Lacking grassroots
organizations, they existed only as rosters of officials with token
representation in the SPA. Their primary purpose appeared to be
promoting government objectives abroad as touring parliamentarians.
Free elections did not exist, and the regime criticized the concept of
free elections and competition among political parties as an
``artifact'' of ``capitalist decay.''
Elections to the SPA and to provincial, city, and county assemblies
are held irregularly. In 1998 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
produced virtually identical outcomes. The vast majority of the KWP's
estimated 3 million members worked to implement decrees formulated by
the Party's small elite.
Women reportedly made up 20 percent of the membership of the SPA,
but only approximately 4 percent of the membership of the Central
Committee of the KWP.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not permit any independent domestic
organizations to monitor human rights conditions or to comment on
violations of such rights. A North Korean Human Rights Committee,
established in 1992, denied the existence of any human rights
violations in the country.
The World Food Program (WFP) visited 163 of the country's 206
provinces during the year and completed a nutritional study. However,
aid workers representing foreign governments and international
organizations, who provided substantial food aid, frequently were
denied access to sites where this food was distributed, and thus were
unable to verify that the aid consistently reached its intended
recipients. Many foreign NGOs reported being charged large fees by
government officials to get visas for foreign staff, to set up offices,
and to establish programs. There were reports of abduction of ethnic
Korean aid workers by government officials; some victims were required
to pay large fines to obtain their release.
In July 2001, a North Korean delegate reporting to the U.N. Human
Rights Committee dismissed reports of human rights violations in the
country as the propaganda of ``egoistic'' and ``hostile forces''
seeking to undermine the sovereignty of the country.
In 1996 a delegation from Amnesty International visited the country
and discussed legal reforms and prisoner cases with senior government
officials. The Government ignored requests for visits by other
international human rights organizations, and none were known to have
visited.
The Government has reestablished diplomatic ties with a number of
countries that have sought to engage it on human rights. In June
government officials discussed human rights with EU representatives. As
was the case after June 2001 talks, no significant progress resulted.
The DPRK participants in the talks told the EU that the Government had
ratified all U.N. human rights instruments except those on torture and
racial discrimination, which were ``being examined.''
In August 1997, the U.N. Subcommission on Prevention of
Discrimination and Protection of Minorities adopted a resolution
criticizing the Government for its human rights practices. The DPRK
government subsequently announced that it would withdraw from the
International Covenant on Civil and Political Rights (ICCPR), calling
the resolution an attack on its sovereignty. In October 1997, the U.N.
Human Rights Committee issued a statement criticizing the attempt to
withdraw from the ICCPR, noting that countries that had ratified the
ICCPR could not withdraw from the covenant, and in August 1998, the
Human Rights Committee readopted a resolution urging the DPRK
government to improve its human rights record. During the year, the
Government submitted a report on human rights to the U.N. Human Rights
Committee.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution grants equal rights to all citizens. However, the
Government denied its citizens most fundamental human rights in
practice, and there was pervasive discrimination on the basis of social
status.
Women.--The Constitution states that ``women hold equal social
status and rights with men''; however, although women were represented
proportionally in the labor force, few women had reached high levels of
the Party or the Government. In many small factories, the work force
was predominantly female. Like men, working-age women must work. They
were thus required to leave their preschool children in the care of
elderly relatives or in state nurseries. According to the Constitution,
women with large families are to work shorter hours. There were reports
of trafficking in women and young girls among North Koreans crossing
the border into China (see Section 6.f.).
There was no information available on violence against women.
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. However, some children
were 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 were the objects of intense
political indoctrination; even mathematics textbooks propound party
dogma. In addition, foreign visitors and academic sources reported that
children from an early age were subjected to several hours a week of
mandatory military training and indoctrination at their schools. School
children sometimes were sent to work in factories or in the fields for
short periods to assist in completing special projects or in meeting
production goals.
The WFP reported feeding 4 million North Korean children during the
year. In some remote provinces, many persons reportedly appeared to be
suffering from long-term malnutrition. A nutrition survey carried out
in 2000 by UNICEF and the WFP in the aftermath of flood disasters found
that 16 percent of children under 7 years of age suffered from acute
malnutrition and that 62 percent suffered from stunted growth. In 1997
a senior UNICEF official said that approximately 80,000 children in the
country were in immediate danger of dying from hunger and disease;
800,000 more were suffering from malnutrition to a serious but lesser
degree.
In practice children did not enjoy any more civil liberties than
adults. The U.N. Committee on the Rights of the Child (UNCRC) has
repeatedly expressed concern over de facto discrimination against
children with disabilities and 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.
In the fall of 1998, Doctors Without Borders (MSF) and Doctors of
the World closed their offices in the country because the Government
reportedly denied them access to a large population of sick and
malnourished children. MSF officials stated 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. Refugees who
have escaped from the 9-27 camps into China have reported inhuman
conditions. There have been reports that some of the 9-27 camps have
been closed in recent years.
Information about societal or familial abuse of children was
unavailable. There were reports of trafficking in young girls among
persons crossing the border into China (see Section 6.f.).
Persons with Disabilities.--Traditional social norms condone
discrimination against persons with physical disabilities. Apart from
veterans with disabilities, persons with disabilities almost never were
seen within the city limits of Pyongyang, and several defectors and
other former residents reported that persons with disabilities
routinely were relocated to rural areas. Furthermore, some NGO reports
claimed that these persons, along with some sick and elderly persons
from the capital, were predominantly sent to the northeastern part of
the country, where international food aid reportedly was no longer
distributed by the Government. However, recent visitors to Pyongyang
have reported seeing handicapped people on the streets of the capital.
There are no legally mandated provisions for accessibility to buildings
or government services for persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--Nongovernmental labor unions did not
exist. The KWP purported to represent the interests of all labor. There
was a single labor organization, the General Federation of Trade Unions
of Korea, which was affiliated with the formerly Soviet-controlled
World Federation of Trade Unions. Operating under this umbrella, unions
functioned on the classic ``Stalinist model,'' with responsibility for
mobilizing workers behind production goals and for providing health,
education, cultural, and welfare facilities.
The country was not a member of, but had 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 assigned all jobs. Ideological purity was as important
as professional competence in deciding who received a particular job,
and foreign companies that have established joint ventures reported
that all their employees had to be hired from lists submitted by the
KWP. Factory and farm workers were organized into councils, which did
have an impact on management decisions. Unions do not have the right to
strike.
There is one free enterprise zone (FEZ) in the Rajin-Songbon area,
and the creation of a Special Administrative Region in Sinuiju was
announced. The same labor laws that applied in the rest of the country
applied in the Rajin-Songbon FEZ, and it was believed that workers in
the FEZ were carefully screened and selected. The Korean Peninsula
Energy Development Organization (KEDO) negotiated in 1994 a separate
protocol and service contracts for workers at the site of its light
water nuclear reactor project. The Government agency, which supplied
the labor to KEDO, bargained on the workers' behalf (see Section 6.e.).
c. Prohibition of Forced or Bonded Labor.--In its 2000 and 2001
reports to the U.N. Human Rights Committee, the Government claimed that
its laws prohibit forced or bonded labor. However, the Government
frequently mobilized the population for construction projects. Military
conscripts routinely were used for this purpose as well. ``Reformatory
labor'' and ``reeducation through labor'' were common punishments for
political offenses. Forced labor, such as logging and tending crops,
was common among prisoners. School children were assigned to factories
or farms for short periods to help meet production goals (see Section
5).
The Constitution requires that all citizens of working age must
work and ``strictly observe labor discipline and working hours.'' The
Penal Code provides for the death penalty for any individual who
hinders the country's industry, trade, or the transport system by
purposely failing to fulfill a specific duty. It also states that
anyone failing to carry out an assigned task properly is subject to at
least 5 years in prison (see Section 6.e.).
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. There was no prohibition on forced
labor by children, and school children were assigned to factories or
farms for short periods to help meet production goals (see Section
6.c.).
e. Acceptable Conditions of Work.--No data was available on the
minimum wage in state-owned industries. Until the recent food crisis,
wages and rations appeared to be adequate to support workers and their
families at a subsistence level; however, in recent years that has no
longer been the case. Wages were not the primary form of compensation
since the State provided all educational and medical needs free of
charge, and only token rent was charged. The minimum wage for workers
in the FEZ was approximately $80 per month; in foreign-owned and joint
venture enterprises outside the FEZ the minimum wage was reportedly
close to $110 per month. It was not known what proportion of the
foreign-paid wages went to the worker and what proportion remained with
the State. KEDO, the international organization charged with
implementation of a light-water reactor and other projects, concluded a
protocol and a related memorandum of understanding concerning wages and
other working conditions for citizens who work on KEDO projects.
Unskilled laborers received approximately $110 per month while skilled
laborers were paid slightly more depending on the nature of the work
performed (see Section 6.b.).
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 system 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 could be defined as ``anti-Socialist
wrecking'' under these articles, although as a result of food shortages
absenteeism reportedly became widespread as more time must be spent
finding food. A government 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 reported that most laborers worked from 12 to 16 hours daily
when factories were operating. Some of this additional time appeared to
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. Paid leave was provided on public
holidays, but on some holidays some persons were required to
participate in mass demonstrations involving extra hours of
preparation.
Many worksites were hazardous, and the rate of industrial accidents
was high. It was believed that workers did not have the right to remove
themselves from hazardous working conditions.
f. Trafficking in Persons.--There were no known laws specifically
addressing the problem of trafficking in persons, and trafficking was a
serious problem. There were widespread reports of trafficking in women
and young girls among citizens crossing the border into China. Some
were sold by their families or by kidnapers as wives to men in China. A
network of smugglers reportedly facilitated this trafficking. Many such
women, unable to speak Chinese, were held as virtual prisoners, and
some were forced to work as prostitutes.
----------
REPUBLIC OF KOREA
The Republic of Korea (Korea) is governed by a directly elected
president and a unicameral legislature. On December 19, Roh Moo-hyun
was elected to the Presidency for a single 5-year term of office in a
free and fair election. A free and fair National Assembly election was
held in April 2000. The Constitution provides for an independent
judiciary, and in recent years, the judiciary has shown increasing
independence.
Responsibility for maintaining internal security lies with the
National Intelligence Service (NIS), the National Police Administration
(NPA), and the Defense Security Command (DSC). Legislation passed in
1993 bars the NIS and the 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
Government of the Democratic People's Republic of Korea (North Korea).
Some members of the police were responsible for occasional human rights
abuses.
During the year, the country's economy grew by 6 percent.
Unemployment remained under 4 percent. However, the country's economic
growth was dependent on key export products, and weakness in the
financial system left the economy susceptible to unpredictable external
conditions. The country's population was 47,600,000.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. The police at
times physically and verbally abused detainees, although human rights
groups reported that the number of such cases continued to decline.
Under the Social Surveillance Law, some released prisoners were
required to report to the police when moving or traveling. The use of
the National Security Law (NSL) continued to infringe upon citizens'
civil liberties, including the right to free expression. In 2001 a
foreign citizen was convicted under the NSL for the first time.
Domestic violence, rape, and child abuse remained serious problems.
Women continued to face legal and societal discrimination. Ethnic
minorities, very small in number, faced legal and societal
discrimination. Many public sector employees did not enjoy the right of
association. Trafficking in persons was a problem; the country was
considered a major transit point for alien smugglers, including
traffickers of primarily Asian women and children for the sex trade and
domestic servitude. The Ministry of Gender Equality was established in
January 2001 to deal with issues including women's rights, violence
against women, and discrimination against women. In April 2001 the
Government created a National Human Rights Commission to investigate
allegations of rights violations. A separate commission, the
Presidential Truth Commission on Suspicious Deaths, established to
investigate suspicious deaths under previous military-backed
governments, has investigated a total of 83 cases, 68 during the year.
The Republic of Korea hosted the second Ministerial Meeting of the
Community of Democracies in Seoul, Republic of Korea, in November.
REPSECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--During the year,
there was one report of arbitrary or unlawful deprivation of life
committed by the Government or its agents. On October 26, murder
suspect Cho Cheun-hun collapsed at the Seoul District Public
Prosecutor's Office; he died 8 hours later after being taken to a
hospital. An autopsy concluded that he died from either shock or a
cerebral hemorrhage. President Kim Dae-jung issued an apology for the
death, and Justice Minister Kim Jung-kil, as well as Chief Prosecutor
Lee Myung-jae, resigned. In November the prosecutor in charge of
questioning Cho, Hong Kyeong-ryong, as well as two investigators and
one policeman, were indicted on charges of violating the Additional
Punishment Law on Specific Crimes, misconduct in office, and brutality.
They were tried and convicted, the sentence was upheld on appeal, and
they were awaiting the outcome of their second appeal at year's end.
In 2000 the Government enacted the Special Act on the Investigation
of Suspicious Deaths to investigate and redress complaints that
officials of past military governments had tortured and killed
prodemocracy activists. As a result of this legislation, in August 2000
a nine-person panel was commissioned as the Presidential Truth
Commission on Suspicious Deaths to review cases such as the 1960
student uprising and the 1980 Kwangju civil uprising and to shed light
on the circumstances surrounding the arrests and deaths of prodemocracy
activists. During the year, the Commission reviewed 68 cases. It
concluded that the deaths of ex-professor Choi Jong-kil, Kwangju
University student activist Kim Joon-bae, and army private Huh Won-keun
were all caused by beating. In September it revealed that evidence in
the cases of eight student activists and dissidents executed in 1974
was falsified and that confessions were extracted under torture. The
eight allegedly belonged to the ``People's Revolutionary Party.'' In
June 2001, the Commission determined that the 1984 death of Park Young-
doo in Chungsong Prison was an extrajudicial killing.
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 the 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 continued to decline. Nonetheless police sometimes abused
persons in custody. Prosecutors continued to place emphasis on securing
convictions through confessions, a focus driven by cultural factors,
with confession viewed as a necessary basis for the reform and
rehabilitation of convicted defendants. The Supreme Court has ruled
that confessions obtained after suspects have been deprived of sleep
during an interrogation cannot be used in court, but police sometimes
questioned suspects throughout the night. Credible sources also
reported that in some cases police verbally or physically abused
suspects, dispensing beatings, threats, and sexual intimidation in the
course of arrest and police interrogation. However, human rights groups
reported that the number of such cases continued to decline. Criminal
suspects, who previously had been required to wear prison garb in
court, were allowed to wear street clothes until proven guilty.
On October 26, murder suspect Cho Cheun-hun was beaten to death in
custody (see Section 1.a.).
In 2001 police forcibly broke up three demonstrations, which had
turned somewhat violent. In April 2001, 40 demonstrators and 55 police
officers were injured at a demonstration near a Daewoo automobile
factory. President Kim later expressed deep regret for the police's
excessive use of force. Numerous Daewoo workers and police were also
injured at the same location in February 2001, when police intervened
at the request of Daewoo management because of alleged vandalism and
destruction of company property.
In the past, police and security officials who abused or harassed
suspects rarely were punished. However, in recent years, under the
National Public Service Law and criminal law, a number of police and
security officials accused of abuse or harassment have been punished or
disciplined through demotion, pay cuts, and dismissal. In addition, 10
police officials were charged under criminal law during the year for
abuses committed while on duty.
To investigate and redress the complaints of former detainees who
claimed that officials of past military-backed governments tortured
them or inflicted excessive punishments, in May 2000 the Government
enacted the Special Act on the Investigation of Suspicious Deaths (see
Section 1.a.) and the Act on the Restoration of the Honor of and
Compensation for Persons Engaged in the Democratic Movement. In 2000
the Commission for the Restoration of Honor and Compensation to
Activists of the Democratization Movement was established to review
cases. As of September, this Commission had determined that, in the
over 1,835 cases reviewed to date, compensation was due in 33 cases,
the names of 1,600 activists should be cleared, and students Park
Ching-chul and Lee Han-yeul should be recognized posthumously as
democracy activists.
Prison conditions were Spartan but generally met international
standards. Prison diets were adequate, but the facilities offered
little protection against cold in the winter and heat in the summer.
Some prisoners claimed that these conditions damaged their health and
that medical care was inadequate. By year's end, the Government had
installed floor heating and cooling systems in 21 of 44 prisons
nationwide as part of a multi-year plan to upgrade the entire prison
system. Traveling clinic teams visited prisons, and prison clinics were
equipped with x-ray machines.
Inmates occasionally criticized guards for using excessive force or
needlessly putting prisoners in manacles.
Inmates had access to reading materials, telephones, and television
broadcasts. Education in computers and foreign languages, occupational
training programs, and an inmate employment center helped inmates
prepare to resume normal lives. Most prisoners were allowed to receive
up to five visitors four to six times per month. Some prisoners were
allowed unlimited visits. Model prisoners who had served more than one-
third of their sentences were allowed unsupervised meetings with
visitors and were exempt from mail censorship. Some were eligible for
overnight leave. Pregnant inmates received special treatment, including
supplementary food, for the full term of their pregnancies and for an
additional 6 months after giving birth. Pregnant inmates also received
prenatal care for the full term of their pregnancies. Female inmates
were not searched by male prison guards without the prior consent of a
prison warden, and a female guard was present during such searches.
Among the mandates of the newly established National Human Rights
Commission were the inspection of prisons and the compiling of
recommendations for improvement of prison conditions. During the year,
the Commission began to monitor prison conditions through a prisoner
petition system. Petitions were submitted via a petition box placed in
each prison in April. The Commission also conducted investigations and
studies on medical equipment and facilities in prisons, provision of
medical services, and conditions in military prisons. According to the
Ministry of Justice, human rights nongovernmental organizations (NGOs)
were allowed to visit prisons by appointment and to submit
recommendations to prison authorities.
d. Arbitrary Arrest, Detention, or Exile.--Laws regarding arrest
and detention often are vague, and prosecutors have wide latitude to
interpret them. For example, the National Security Law (NSL) defines
espionage in broad terms and permits the authorities to detain and
arrest persons who commit acts viewed as supporting North Korea, which
are therefore deemed dangerous to the country. The NSL permits
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 what constitutes endangering the security of the State was
vague. Thus a number of persons have been arrested for what appeared to
be the peaceful expression of views that the Government considered pro-
North Korean or antistate. Among those arrested under the NSL were
persons who praised North Korea, its former leader Kim Il Sung, or
North Korea's ``self-reliance'' philosophy.
In February 2001, a foreign citizen was arrested and charged with
violating the NSL. The basis for prosecution was publishing a book on
North Korean leader Kim Jong-il, contact with allegedly pro-North
Korean figures abroad, and travel to North Korea. In July 2001, he was
convicted of violating the NSL and sentenced by the Seoul District
Court to 3 years' imprisonment, with the sentence suspended.
In August 2001, 16 members of a group that went to Pyongyang as a
delegation to an inter-Korean Independence Day Festival allegedly broke
a pledge not to engage in political activities. They were arrested for
violating the NSL. Seven of them, including Professor Kang Chung-koo of
Dongkook University, were indicted. Professor Kang was released after
being held for 2 months, and was awaiting trial at year's end. In
February four of the other six were sentenced to 2 years and 6 months
in prison, with suspension of imposition of sentence for 3 years
(essentially a parole). The two others were sentenced to 2 years and 6
months in prison, and both were released on bail by June.
The U.N. Human Rights Committee termed the NSL ``a major obstacle
to the full realization of the rights enshrined in the International
Covenant on Civil and Political Rights.'' President Kim Dae-jung, who
himself was arrested and sentenced to death under the NSL, acknowledged
in August 2000 that the law had ``problematic areas'' and announced his
intent to pursue major revisions, especially in light of improvements
in relations between North and South Korea since the June 2000 summit.
During the year, 131 persons were arrested for violating the NSL, and
31 persons remained in custody at year's end.
The Government's rationale for retaining the NSL was that North
Korea actively was trying to subvert the Government and society and as
a result, some forms of expression had to be limited to block the
greater danger to freedom and democracy posed by North Korean
totalitarianism. The effect sometimes was to relieve the Government of
the burden of proof that any particular speech or action in fact
threatened the nation's security. Thus, although the Government strove
to expand North-South exchanges, citizens were prosecuted in the past
for unauthorized travel to North Korea (see Section 2.d).
The Criminal Code requires warrants to be issued by judges in cases
of arrest, detention, seizure, or search, except if a person is
apprehended while committing a criminal act or a judge is not available
and the authorities believe that a 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 appear voluntarily for questioning for up to 6
hours but must notify the suspects' families. The police generally
respected these requirements.
Authorities normally must release suspects after 30 days unless an
indictment is issued. Consequently, detainees were a relatively small
percentage of the total prison population.
The Constitution provides for the right to representation by an
attorney, and a suspect may have a lawyer present during police
interrogation. The Ministry of Justice announced in May 2000 that all
prosecutors' offices had installed rooms where suspects could consult
with their lawyers. In 2000 individual police stations began to employ
lawyers as legal advisors to aid in examining relevant legal clauses in
charging suspects. There were no reports of access to legal counsel
being denied. There was a bail system, but human rights lawyers said
that bail generally was not granted when detainees were charged with
committing serious offenses, when they might attempt to flee or harm a
previous victim, or when they had no fixed address.
In an August 2001 tax investigation, judges allowed prosecutors to
arrest Bang Sang-hoon, president of the newspaper Chosun Ilbo; Kim
Byung-kwan, former honorary chairman of the newspaper Dong-A Ilbo; and
Cho Hee-joon, former president of the newspaper Kookmin Ilbo; stating
that they might flee or destroy evidence if allowed to remain free (see
Section 2.a). All three were released from detention by November 7,
2001. In January Cho was sentenced to 3 years' imprisonment and fined
$2,465,000 (3 billion won). In February Kim was sentenced to 3 years
and 6 months' imprisonment and was fined $3.7 million (4.5 billion
won). Both sentences were appealed and a hearing on these appeals was
still pending at year's end. On September 30, the first trial of Bang
began; the outcome was pending at year's end. In December the Fair
Trade Commission canceled $15.3 million in fines levied against 15
newspapers and broadcasters for illegal business practices, citing the
firms' weakened financial condition and the public interest.
The Constitution and law neither provide for nor prohibit forced
exile. The Government does not use forced exile, although some persons
living abroad would face criminal charges if they returned to the
country.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and in recent years, the judiciary has shown
increasing independence. The Prosecutor's Office, which is under the
jurisdiction of the MOJ, has been accused of influence peddling and
cronyism, and the independence of the Prosecutor's Office (especially
in cases involving government officials or political figures) was often
called into question by the media and the political opposition. 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. During the
year, 10 members of the National Assembly lost their seats for election
law violations.
Local courts were presided over by judges who render verdicts in
all cases. There was no trial by jury. Defendants could appeal a
verdict to a district appeals court and to the Supreme Court.
Constitutional challenges could be taken to the Constitutional Court.
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, the initial trial must be completed
within 6 months of arrest. These rights generally were observed. Trials
were open to the public, but a judge could restrict attendance if he
believed spectators might seek to disrupt the proceedings.
Judges generally allowed considerable scope for examination of
witnesses by both the prosecution and defense. Cases involving national
security and criminal matters were tried by the same courts. Although
convictions rarely were overturned, appeals often resulted in reduced
sentences. Death sentences were appealed automatically.
Human rights groups believed that many dissidents tried by past
military governments during the 1970s and 1980s were sentenced to long
prison terms on false charges of spying for North Korea. These persons
reportedly were 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 2000 the Government
enacted the Act on the Restoration of the Honor of and Compensation for
Persons Engaged in the Democratic Movements (see Section 1.c.).
However, these former prisoners were still required to report their
activities regularly to the police after their release. In September
2000, 63 North Korean spies, who had been released from South Korean
prisons, were allowed to return to North Korea according to their
wishes. According to the Ministry of Justice, no long-term, unconverted
prisoners remained incarcerated.
It was difficult to estimate the number of political prisoners
because it was 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. One human rights
group reported that, as of September, 93 persons, including 36
students, 37 laborers, and 20 other assorted dissidents, were
imprisoned. However, this group's definition of political prisoners
included all persons imprisoned for politically motivated acts,
including violations of the NSL, the Assembly and Demonstration Act,
and the Trade Union Act, and for violence or interference with official
duties in the course of demonstrations or strikes.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Government generally respected the integrity of
the home and family. In the past, the security services conducted
varying degrees of surveillance, including wiretaps of political
dissidents. The Antiwiretap Law and the law to reform the NIS were
designed to curb government surveillance of civilians and appeared 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
persons who violate this law. In March a revised law took effect which
reduced the monitoring period to 2 months in criminal investigations
and 4 months in national security cases. There was no consensus on
whether those monitored subsequently should be informed after the
wiretap is discontinued or on the legal procedure required by
investigating authorities to gain access to telephone records. Some
human rights groups argued that a considerable amount of illegal
wiretapping, shadowing, and surveillance photography still occurred.
They asserted that the lack of an independent body to investigate
whether police have employed illegal wiretaps hindered the
effectiveness of the Antiwiretap Law.
Several legislators alleged that they were under surveillance by
the Government and that their homes, offices, and cellular telephones
were tapped. They called for either tightening or abolishing a
provision in the existing law that allows government officials to
obtain retroactive judicial permission to monitor a conversation
(especially a cellular telephone call) in the event of an emergency.
The Government continued to require some released prisoners to
report regularly to the police under the Social Surveillance Law.
The NSL forbids citizens from listening to North Korean radio in
their homes or reading books published in North Korea if the Government
determines that they are doing so to help North Korea. However, this
prohibition was rarely enforced, and the viewing of North Korean
satellite telecasts in private homes was legal. The Government also
allowed the personal perusal of North Korean books, music, television
programs, and movies as a means to promote understanding and
reconciliation with North Korea. North Korean books were sold openly in
a few shops.
Student groups made credible claims that government informants were
posted on university campuses.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--While most political discourse was
unrestricted, under the NSL the Government limited the expression of
ideas that authorities consider Communist or pro-North Korean. Broad
interpretations of the NSL allowed for restrictions on peaceful
dissent. The President continued to urge that areas of the NSL be
revised to protect human rights and make the law conducive to North-
South detente, and the National Assembly frequently debated the issue.
Although the Government abandoned direct control over the news
media, it continued to exercise indirect influence, and government
officials vigorously lobbied reporters and editors. In 2001 the
Government conducted a massive tax and trade law investigation of major
media firms, prompting protests and suspicion that it was attempting to
curb media criticism. The Government responded that the tax audit was
legitimate and long overdue. Hundreds of auditors examined the records
of 23 newspapers for 130 days. The audit resulted in the indictment and
arrest of owners or major shareholders of three newspapers, including
the Chosun Ilbo and the Dong-A Ilbo, which were considered the most
critical of President Kim Dae-jung's policies and administration.
However, even though the companies faced penalties of $398 million, and
their owners were on trial for tax evasion and embezzlement, the papers
continued to criticize the Government. In September 2001, the
International Press Institute and the World Association of Newspapers
placed the Republic of Korea on a media watch list and concluded that
the Government was harassing the independent media. These organizations
expressed concern that the threat of tax investigations against media
companies and pressure on advertisers could induce newspapers and
broadcasters to mute their criticism of the Government. However, also
in September 2001, the International Federation of Journalists stated
that the tax probe had nothing to do with freedom of the press and that
there was no evidence that freedom of the press was being suppressed.
The state-owned radio and television network maintained a
considerable degree of editorial independence in its news coverage.
Journalists alleged that libel laws were used to harass publishers
for articles that were unflattering but not necessarily untrue, and in
the past some journalists were arrested and jailed for libel. There
were no such detentions during the year.
Prosecutors continued to indict dissidents under the NSL for
producing, selling, or distributing pro-North Korean or pro-Communist
materials. Court precedents allowed citizens to possess these kinds of
publications for purely academic use, profit, or curiosity, but not
with the intent of subverting the Government. Prosecutors had wide
discretion in determining motives for possessing or publishing such
materials.
There was wide reporting on North Korea and North-South issues in
the media.
The Government Censorship Board, which screened movies for sex and
violence, followed more liberal guidelines in recent years and allowed
the release of a broader range of films.
The Government blocked violent and sexually explicit Internet
sites, and required site operators to rate their site as harmful or not
harmful to youth. Some homosexual groups charged that the Government
acted discriminatorily in blocking their Internet sites.
The Government did not restrict academic freedom. However, student
groups credibly claimed that government informants were posted on
university campuses.
b. Freedom of Peaceful Assembly and Association.--The Law on
Assembly and Demonstrations prohibits assemblies that are 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 an
event impermissible under this law.
On November 4, approximately 30,000 civil servants took leave in
protest against the Government Employees Association Act (GEAA), in the
first organized labor action taken by civil servants, and 770 persons
were arrested in a related rally. On November 5, approximately 100,000
workers participated in a general strike. The Government initiated
disciplinary actions against some civil servants involved in these
actions (see Section 6.b).
In February and April 2001, police and demonstrators clashed at a
Daewoo automobile factory, and dozens of police and striking workers
were injured (see Section 1.c.). President Kim expressed deep regret
for excessive use of force, and two police chiefs were transferred.
Police and demonstrators also clashed during a series of general
strikes in June 2001 (see Section 1.c.).
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Associations
operated freely, except those deemed by the Government to be seeking to
overthrow the Government.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. There is no state religion, and the Government did not
subsidize or favor a particular religion. Government policy continued
to contribute to the generally free practice of religion.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--Most citizens could move freely
throughout the country; however, police had discretion to restrict the
movements of some former prisoners. Foreign travel generally was
unrestricted, but the Government required approval for travel to North
Korea. To obtain approval, potential visitors were required to
demonstrate that their trip did not have a political purpose or aim to
praise North Korea or criticize the South Korean government. During the
year, the Government continued to promote the expansion of North-South
government, economic, cultural, and tourism-related contacts. However,
travelers to North Korea who did not receive government permission were
likely to be arrested upon their return. There was reportedly only one
such case during the year.
In the past, the Government forbade some citizens convicted of
politically related crimes from returning to the country, and some
citizens still face sanctions should they choose to return.
The Government cooperated with the office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees. Government guidelines provided for offering
temporary refuge in the case of a mass influx of asylum seekers.
However, procedures for receiving and adjudicating asylum applications
did not always appear to be in keeping with either the letter or the
spirit of the 1951 U.N. Convention Relating to the Status of Refugees
and its 1967 Protocol.
In 2001 the UNHCR reported the forced return of three persons to
countries where they claimed to fear prosecution; each of these persons
had an active asylum application being reviewed by the Government and
were deported without the knowledge of, or contact with, the UNHCR.
At the beginning of the year, there were seven persons of concern
to the UNHCR in the country: one convention refugee, three persons with
UNHCR mandate refugee status, and three persons recommended for
temporary protection against return to their home country on
humanitarian grounds. There were also 68 refugee applicants awaiting a
decision by the Minister of Justice. During the year, 30 additional
persons filed applications for refugee status. In December the
Government granted convention refugee status to one person. The UNHCR
conferred mandate refugee status on two persons during the year, and
recommended temporary protection against return for three additional
persons. There were approximately 10 negative decisions during the
year, and 88 cases remained pending at year's end.
The Government handling of asylum applications, although slow,
became more flexible toward cases under review by the UNHCR. The
Government suspended temporarily exit orders for these individuals. It
also showed flexibility toward persons whose applications were rejected
in the Government review process, but whom the UNHCR found met the
definition of refugee. In June 2000, the Seoul District Court held that
the Immigration Office had exceeded its authority by refusing to accept
an asylum seeker's application based on an initial assessment of the
claim.
The Government extended the right to work to refugees, but did not
provide any social assistance to either refugees or asylum seekers.
Asylum seekers were given 90-day extensions of their temporary stay
permits while their applications were under review and they legally
were not able to work during this period. In practice most asylum
seekers entered the labor market, as did other undocumented foreign
workers.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. The Constitution provides for the direct election
of the President. In the past, the Constitution was interpreted as
providing for a mixed system of direct and proportional election of
legislators to the unicameral National Assembly. However, in 2001 the
system of proportional election was declared unconstitutional by the
Constitutional Court; future legislators are to be elected directly.
The President serves a single 5-year term and may not be reelected. The
National Assembly members serve terms of 4 years. All citizens 20 years
of age or older have the right to vote, and elections are held by
secret ballot.
The 273-seat National Assembly included 17 female legislators. One
of them chaired a special committee on women's affairs. Two of the 19
Cabinet ministers are women: the Minister of Environment and the
Minister of Gender Equality. Due to cultural traditions and
discrimination, women occupied few important positions in government,
although this was slowly changing.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Many domestic NGOs were active in promoting human rights, and they
generally operated without government restriction. Chief among these
groups were 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 published reports on human rights and made
their views known both inside and outside the country. Government
officials generally were willing to meet with international human
rights groups.
In 2001 the President established the National Human Rights
Commission according to legislation passed by the National Assembly. In
April the Commission began to operate. It monitored and investigated
human rights violations and complaints of discrimination, including
during interrogations and in correctional facilities. Members of the
National Human Rights Commission were not to be present at
interrogations, but they had the right to visit those who had been
arrested and were in custody. They also were authorized to visit
prisons and correctional institutions.
There was also a Presidential Truth Commission on Suspicious Deaths
(see Section 1.a.) and a Commission for the Restoration of Honor and
Compensation to Activists of the Democratization Movement (see Section
1.c.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution and law forbid discrimination on the basis of
race, sex, religion, disability, or social status, and the Government
generally respected these provisions. However, traditional attitudes
limited opportunities for women and the disabled. Ethnic minorities
were very small in number and faced both legal and societal
discrimination.
Women.--Societal violence against women remained a problem. The
Ministry of Gender Equality, established in 2001, reported that more
women were coming forward to report abuse. The Prevention of Domestic
Violence and Victim Protection Act 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. During the year, 7,200 cases of
rape were reported, and 3,450 cases were prosecuted. Many rapes went
unreported because of the stigma associated with being raped. The
activities of a number of women's groups increased awareness of the
importance of reporting and prosecuting rapes, as well as of offenses
such as sexual harassment in the workplace. According to women's rights
groups, cases involving sexual harassment or rape frequently went
unprosecuted, and perpetrators of sex crimes, if convicted, often
received light sentences. In September 2001, the Seoul District
Prosecutor's Office established the Female Prosecutor's Office dealing
with sex and family violence cases and also separately established a
counseling service for women.
The Sexual Equality Employment Act, which went into effect in 1999,
was enacted to combat sexual harassment in the workplace. During the
year, 738 cases were filed under the Gender Discrimination Prevention
and Relief Act; 48.7 percent of these cases dealt with sexual
harassment and 36.9 percent concerned employment discrimination
(pregnancy, promotion, or salary). Under the 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 in 2000 that the law's guidelines would apply at
the nation's schools and that teachers who made 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 Family Law 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 children after a divorce. Although
the law helped abused women who chose to divorce, including victims of
domestic violence, the stigma of divorce remained strong, and there was
little government or private assistance for divorced women. These
factors, plus the fact that divorced women had limited employment
opportunities and had difficulty remarrying, led some women to stay in
abusive situations. The Government has established some shelters for
battered women and has increased the number of child care facilities,
giving women in abusive situations more options, but women's rights
groups said that they fell far short of effectively dealing with the
problem.
The country's conservative traditions left women subordinate to men
socially and economically. Despite the passage of equal employment
opportunity legislation, few women worked as company executives, and
sexual discrimination in the workplace remained a problem. The Equal
Employment Act was revised to impose tougher penalties on companies
found to discriminate against women in hiring and promotions. Under the
law, the Presidential Commission on Women's Affairs (the precursor of
the existing Ministry of Gender Equality) 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
$3,873 (5 million won) and have its name published in the newspaper.
The 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) led to
continued legal barriers against women. In 1999 the Constitutional
Court ruled that government agencies' preferential hiring practices for
those who have performed military service discriminate against women
and disabled persons and are unconstitutional.
Women had full access to education, and social mores and attitudes
were changing gradually. For example, the major political parties made
more efforts to recruit women; an increasing number of women occupied
key positions within political parties; and the military and service
academies continued to expand opportunities for women. With the
establishment of the Ministry of Gender Equality, the Government strove
for increased employment opportunities for women and also for an
enhanced role and stronger rights for women in society, while closely
monitoring violations and instances of discrimination.
The Government provided an allowance of $442 (535,000 won) per
month to 137 former ``comfort women,'' women who, during World War II,
were forced to provide sex to soldiers of the Japanese Imperial Army.
The country was a major origin and transit point for trafficking in
Asian women and children destined for the sex trade and domestic
servitude (see Section 6.f.).
Children.--The Government demonstrated its commitment to children's
rights and welfare through its well-funded system of public education.
The Government provided high-quality elementary education to all
children free of charge. Education was compulsory through the age of
15, and most children obtained a good secondary education. High-quality
health care was widely available to children.
As public awareness of the problem of child abuse continued to
grow, the number of reported cases increased. According to one NGO's
figures, approximately 600 cases were reported during the year. The
Seoul metropolitan government ran a children's counseling center that
investigated reports of abuse, counseled families, and cared for
runaway children. The Prevention of Domestic Violence and Victim
Prevention Act of 1998, which defines domestic violence as a serious
crime, allows a child to bring charges against a parent in cases of
abuse. In July 2001 the Government enacted a revised Child Protection
Law that mandates the establishment of a child abuse hot line and the
dispatch of trained personnel to take preliminary measures for the
protection of an abused child. Under the revised law, the Government
established temporary protection facilities, counseling centers,
communal homes, and other appropriate protection services and
facilities. Revisions also included increased penalties for convicted
child abusers, who faced up to 5 years in prison (compared to the
previous 2 years) for child abuse.
Since 1999 the Youth Protection Law has provided for prison terms
of up to 10 years and a fine of $7,747 (10 million won) per minor hired
for owners of entertainment establishments who hired minors under the
age of 19. The Commission on Youth Protection also expanded the
definition of ``entertainment establishment'' to include facilities,
such as restaurants and cafes, where children were hired illegally as
prostitutes. In 2000 the Government enacted the Juvenile Sexual
Protection Act. It established a maximum sentence of 20 years for the
sale of the sexual services of persons less than 19 years of age. It
also established prison terms for persons convicted of the purchase of
sexual services of youth under the age of 19 (see Section 6.f.). Based
on this law, the Commission enforced a decree to publicize the names of
those who had committed sex offenses against minors. As of year's end,
the names of 1,114 sexual offenders had been made public.
The traditional preference for male children continued, although it
was less evident among persons in their twenties and thirties. Although
the law bans fetal testing except when a woman's life is in danger,
when 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 occurred. The Government expressed concern
over the widening disparity between male and female birth rates.
Persons with Disabilities.--Although measures aimed at creating
opportunities for persons with disabilities have been taken, public
facilities remained inadequate. However, discrimination against persons
with disabilities in employment, education, or the provision of other
state services was illegal. The law states that ``no one shall be
discriminated against in all areas of political, economic, social, and
cultural life on the grounds of disability.''
Firms with over 300 employees are required by law either to hire
persons with disabilities or pay a fine. Surveys indicated that most
companies either paid the fine or evaded the law; one 1999 survey
indicated that 9 out of 10 firms with more than 300 employees failed to
meet the mandated 2 percent job quota for persons with disabilities.
The hiring of persons with disabilities remained significantly below
target levels. Persons with disabilities made up less than 1 percent of
the work force. New public buildings were required to include
facilities for persons with disabilities such as ramp access to
entrances, a wheelchair lift, and special parking spaces. The Health
and Welfare Ministry announced that existing government buildings must
be retrofitted with these facilities, and, as of April, 98 percent of
major public buildings had facilities for persons with disabilities.
According to the Health and Welfare Ministry, of 388 subway stations
nationwide, wheelchair lifts were installed at 247 stations and
elevators were installed at 110 stations. After two disabled people
were killed in accidents involving wheelchair lifts, the Government
drew up a plan to install elevators at all subway stations by 2004. In
1999 the Constitutional Court ruled that government agencies'
preferential hiring practices for those who had performed military
service discriminated against persons with disabilities and were
unconstitutional.
National/Racial/Ethnic Minorities.--The country is racially
homogeneous, with no sizable populations of ethnic minorities. Except
in cases of naturalization, citizenship is based on parentage, not
place of birth, and persons must show their family genealogy as proof
of citizenship. Thus ethnic Chinese born and resident in Korea obtained
citizenship only with great difficulty. Without citizenship they could
not become public servants and had 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 1970s. There
were approximately 20,000 ethnic Chinese residents, who represented
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
faced no legal discrimination, but informal discrimination was
prevalent.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides workers,
except public sector employees, with the right to associate freely.
Since 1999 government white-collar workers have been allowed to form
``workplace councils.'' Blue-collar workers in government agencies were
allowed to organize unions. Until 1997 the Trade Union Law specified
that only one union was permitted at each workplace. Labor law changes
in 1997 authorized the formation of competing unions starting in 2002,
but implementation of these changes was postponed until 2006 by mutual
agreement among members of the Tripartite Commission, which included
representatives of the Government, labor, and management (see Section
6.b.). All unions were required to notify the authorities when formed
or dissolved. As of June, 1,551,532 workers--approximately 11.6 percent
of employed workers--were union members, and there were 4,381 trade
unions according to the Ministry of Labor.
In the past, the Government only formally recognized two labor
federations, the Federation of Korean Trade Unions (FKTU) and the
Independent Korean Federation of Clerical and Financial Workers. In
recent years, the Ministry of Labor officially recognized some
independent white-collar federations representing hospital workers,
journalists, and office workers at construction firms and at government
research institutes. The courts have ruled that affiliation with the
FKTU is not required for an entity to be registered as a legal labor
federation. In 1999 the legalization of the teachers' unions paved the
way for government recognition of the dissident Korean Confederation of
Trade Unions (KCTU). In practice labor federations not formally
recognized by the Ministry of Labor have operated without government
interference.
On March 23, at the inaugural congress of the Korean government
Employees Union, approximately 1,000 police arrested 192 of the 268
delegates in attendance on the grounds that white-collar government
employees may not legally organize unions. Most of those arrested were
questioned and released, but 4 of the 192 remained imprisoned at year's
end.
The two teachers' unions, the KCTU-affiliated Korean Teachers'
Union (Chonkyojo) and the FKTU-affiliated Korean Union of Teachers and
Educational Workers, had the right to bargain collectively with the
Ministry of Education on wages and working conditions but not school
curricula, and it was illegal for the unions to take collective action.
In October 2001, teachers demonstrated twice.
Election laws 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. In
December Kwon Young-kil ran for President as the candidate of the KCTU-
affiliated Democratic Labor Party. In the April 2000 National Assembly
election, several candidates from the Democratic Labor Party made
unsuccessful bids for Assembly seats.
The FKTU and KCTU were affiliated with the International
Confederation of Free Trade Unions (ICFTU). Most of the FKTU's 20
constituent federations maintained affiliations with international
trade secretariats, as did the KCTU Metalworkers Council.
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 who discriminate against union
members. Employers found guilty of unfair practices could be required
to reinstate workers fired for union activities. According to the FKTU,
this occurred frequently. The Tripartite Commission established a
subcommittee on the protection of civil servants' basic rights and has
discussed the establishment of a civil servants' union.
Extensive collective bargaining was practiced, even with unions
whose federations were 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 since 1999 these workers have been allowed to form ``workplace
councils,'' which may make recommendations, but may not engage in
collective bargaining.
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 notice 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.
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. However, in practice, the Government rarely imposes
arbitration.
On November 4, in the first organized labor action taken by civil
servants, approximately 30,000 government workers took leave in protest
against the Government Employees Association Act (GEAA), which denied
the rights to collective action and collective bargaining, and the
right to affiliate with an umbrella union. As many as 4,000 police
officers dispersed a rally of approximately 900 civil servants and 100
students at Han Yang University. Following violent clashes, 770 people
were detained. On November 5, approximately 100,000 workers
participated in a general strike in opposition to the GEAA, to certain
provisions in the proposed bill on the 40-hour workweek, and to a bill
creating special economic zones that would be exempt from some
provisions in the Labor Standards Act. The Government initiated
disciplinary actions against 588 civil servants involved in these
actions.
In June 2001, the Government declared strikes by workers of two
main airlines to be illegal because workers did not submit to
arbitration. The Seoul District Prosecutor's Office indicted Yang
Kyung-kyu, the chairman of the Korean Federation of Transportation,
Public, and Social Services Workers' Unions on charges of leading the
strike at Korean Air Lines.
There were 322 strikes and 16 lockouts during the year, involving a
total of 93,859 workers and a loss of 1,580,404 working days.
In February a number of strike organizers were arrested during a
power workers' strike, and on September 11, police intervened to break
up a strike at two hospitals, Kang Nam Hospital and Kyung Hee Medical
Center, arresting several of the leaders. According to the KCTU, 130
persons were arrested for allegedly instigating violent strikes or
illegally disrupting business during the year, of whom four were still
imprisoned at year's end. In February and April 2001, police and
demonstrators clashed at a Daewoo automobile factory (see Section 1.c
and 2.b.).
There was no independent system of labor courts. The central and
local labor commissions formed a semiautonomous agency of the Ministry
of Labor that adjudicates disputes in accordance with the Labor Dispute
Adjustment Law. Each commission was composed of equal numbers of
representatives of labor and management, plus neutral experts who
represented the public interest. Local commissions can 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 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 Tripartite
Commission concluded an agreement that covered, among other things,
unemployment policy, corporate restructuring, labor conditions, labor
market flexibility, and the promotion of basic labor rights. The work
of the Commission made it legal for companies to lay off workers due to
economic hardship and authorized temporary manpower agencies.
Under the 1997 labor laws, persons who assisted trade unions or
employers in a dispute were required to register with the Ministry of
Labor. Those who failed to do so faced a large fine or a maximum
sentence of 3 years' imprisonment. However, no one had been charged for
failing to register.
Enterprises in the two export processing zones (EPZs) had been
designated by the Government as public interest enterprises. Workers in
these enterprises gradually have been given the rights enjoyed by
workers in other sectors of the economy. Labor organizations were
permitted in EPZs. At year's end, a bill creating ``special economic
zones,'' which are to be exempt from certain provisions of the labor
code, was pending in the National Assembly.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including forced or bonded labor by children, and it
was not known to occur. 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. Some illegal foreign workers alleged beatings, forced
detention, withheld wages, and seizure of passports by their employers
(see Section 6.e.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Standards Law prohibits the employment of
persons under age 15 without a special employment certificate from the
Labor Ministry. Because education was compulsory through middle school
(approximately age 14), few special employment certificates were issued
for full-time employment. To obtain employment, children under age 18
had to have written approval from both of their parents or guardians.
Employers could require minors to work only a limited number of
overtime hours and were prohibited from employing them at night without
special permission from the Labor Ministry. Child labor laws and
regulations are clear and were usually enforced when violations were
found, but critics claimed that the Government employed too few
inspectors to carry out regular inspections.
e. Acceptable Conditions of Work.--The minimum wage was reviewed
annually. As of September, the minimum wage was $1.90 (2,275 won) per
hour, $15.17 (18,200 won) per day, or $428.46 (514,150) per month.
Companies with fewer than 10 employees were exempt from this law. The
FKTU and other labor organizations asserted that the existing minimum
wage did not meet the basic requirements of urban workers. However, the
money an average blue-collar worker took home in overtime and bonuses
significantly raised the total compensation package. According to the
Ministry of Health and Welfare, 1,390,000 people, slightly less than 3
percent of the population, lived below the poverty level.
The Labor Standards Law provides for a maximum regular workweek of
44 hours and provides for a higher wage for overtime. The law also
provides for a 24-hour rest period each week. Labor laws also provide
for a flexible hours system, under which employers can require laborers
to work up to 48 hours during certain weeks without paying overtime, so
long as average weekly hours for any given 2-week period do not exceed
44. If a union agrees to a further loosening of the rules, management
may ask employees to work up to 56 hours in a given week. Workers may
not work more than 12 hours in a working day. Labor groups claimed that
the Government did not enforce adequately the maximum workweek
provisions at small companies.
Foreign workers, most of whom came from China, the Philippines,
Bangladesh, Nepal, Vietnam, Indonesia, Sri Lanka, and Pakistan, often
faced difficult working conditions. The Government created a program
that allowed certain foreign workers to enter the country legally to
work at established wages with legal safeguards. In 2000 the Government
announced that industrial trainees would be allowed to remain in the
country for as long as 5 years, as opposed to 3 years previously. The
Government reported that approximately 23,300 foreign workers and
70,500 industrial trainees were in the country legally and that there
were an additional 220,000 illegal residents. Illegal workers who
sought relief for loss of pay or unsatisfactory living and working
conditions faced deportation. However, the Government established
counseling centers that heard complaints from illegal foreign workers
about issues such as overdue wages and industrial accidents, and in
January the MOJ announced that foreigners residing illegally would be
allowed to stay to finish medical treatment, seek compensation for
industrial accidents, and collect back wages. The Labor Standards Law
also prohibits the abuse of workers.
In 2000 the MOJ announced that it would establish a human rights
committee for foreign workers to address mistreatment that some foreign
workers faced from their employers, such as beatings, forced detention,
withheld wages, and seizure of passports. The Government also announced
that employers reported to abuse foreign workers would be subject to
criminal charges and be disadvantaged in the Government's allocation of
jobs for overseas workers. However, as of year's end, the human rights
committee for foreign workers had not been established, and there were
no reports that abusive employers had been charged. Foreign workers
have submitted complaints to the National Human Rights Commission and
have on occasion sought assistance from regional labor offices in
collecting back wages and addressing other grievances.
Foreigners working as language teachers have complained that the
language institutes frequently violated employment contracts, for which
the legal system provided insufficient redress.
The MOJ instituted a 1-year amnesty under which all illegal workers
who reported their presence by May 25 would be allowed to remain in
Korea until March 25, 2003.
The Government set health and safety standards, but the accident
rate was 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. Although the
number of inspectors has increased, the Labor Ministry still lacked
sufficient inspectors to enforce the laws fully. The law does not
provide job security for workers who remove themselves from dangerous
work environments.
f. Trafficking in Persons.--There is no single law that
specifically prohibits trafficking in persons; however, various laws
can be used to prosecute traffickers, including laws against kidnaping,
inducement to prostitution, and laws protecting juveniles. These laws
stipulate that proper security measures as well as financial assistance
must be provided to trafficked victims when they report a trafficking
crime. The Labor Standards Law prohibits the employment of any person
under 18 years of age in work that ``is detrimental to morality or
health.'' The Juvenile Sexual Protection Act, which took effect in July
2000, imposes lengthy prison terms for persons convicted of sexual
crimes against minors (see Section 5).
Trafficking was a problem. The Republic of Korea was a country of
origin, transit, and destination for trafficking in persons. Young
female Koreans were trafficked primarily for sexual exploitation,
mainly to the United States, but also to other Western countries and
Japan. Female aliens from many countries, primarily Chinese women, were
trafficked through Korea to the United States and many other parts of
the world. In addition to trafficking by air, much transit traffic
occurred in the country's territorial waterways by ship. Women from the
Philippines and Russia were trafficked to the country for sexual
exploitation. They were recruited personally or answered
advertisements, and were flown to Korea, often with entertainer visas.
In some cases, victims' passports were held by their employers.
The country was considered a major transit point for alien
smugglers, including traffickers of primarily Asian women and children
for the sex trade and domestic servitude. Relatively small numbers of
Korean economic migrants, seeking opportunities abroad, were believed
to have become victims of traffickers as well. There were reports of
the falsification of government documents by travel agencies; many
cases involved the trafficking or smuggling of citizens of China to
Western countries.
In August 2001, the Supreme Prosecutor's Office established joint
investigation centers in collaboration with the police force and local
governments to address trafficking and inveigling of women for forcible
sexual exploitation, for the forcible transfer to foreign territory for
employment in ``service establishments of indecent nature,'' for
granting illegal entry into the country for purposes of sexual
exploitation, for the sale of women between prostitution
establishments, and for the illegal departure from the country through
fake employment or marriage overseas.
During the year, the Government tightened restrictions on the
``entertainer'' visas by which many trafficked persons formerly entered
Korea. Applicants for this type of visa must now be interviewed in
their home country by a Korean consular official. The Government also
instituted restrictions on the types of establishments in which foreign
entertainers may be employed. The National Police Administration
initiated a program of informing foreign employees of bars and similar
establishments of their rights, and, in cooperation with the Ministry
of Gender Equality, established a multilingual hotline for victims of
trafficking.
During the year, 445 people were investigated for suspected
trafficking, of whom 64 were arrested. In addition, 118 suspected visa
brokers and alien smugglers were investigated for violation of the
Stowaway Control Law, of whom 40 were arrested.
Various laws stipulate that appropriate facilities, such as
temporary shelters, as well as counseling assistance, medical
treatment, and occupational training programs, be provided to protect
and assist trafficking victims. During the year, 91,978 calls were
received by hot lines dealing in women's issues. There were 23 guidance
and protection facilities that were used by 1,457 persons; 92 sexual
assault counseling centers, with 39,627 cases reported; 8 protection
facilities for victims of sexual violence and trafficking that were
used by 129 persons; 142 counseling centers for family violence, with
114,612 cases reported; and 30 protection facilities for victims of
family violence that were used by 3,023 persons.
In November 2001, the Ministry of Gender Equality published
booklets to publicize counseling centers and protection facilities for
victims of family violence, sexual assault, and commercial sex. The
Ministry of Gender Equality conducted a comprehensive survey of the sex
industry; as of year's end, the results of the survey were not
available.
The Government worked with various NGOs to develop awareness of the
issue and help prevent trafficking. Some foreign women working in the
entertainment industry were advised of their rights in an orientation
program organized by the National Police Agency. The police cooperated
with officials of various embassies in investigating and attempting to
resolve various trafficking-related issues and disputes.
__________
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 control governance and the choice of leaders at all levels
through its constitutionally designated ``leading role.'' In February
national elections were held to select a new 109-person National
Assembly, and at its inaugural session in April, the Assembly reelected
the President and ratified the President's selection of a prime
minister and cabinet. The judiciary is subject to executive influence.
The Ministry of Public Security (MOPS, formerly known as the
Ministry of Interior) maintains internal security but shares the
function of state control with the Ministry of Defense's security
forces and with party and popular fronts (broad-based organizations
controlled by the LPRP). The Ministry of Foreign Affairs, with MOPS
support, is responsible for oversight of foreigners. The MOPS includes
local police, immigration police, security police (including border
police), and other armed police units. Communication police are
responsible for monitoring telephone and electronic communications. The
armed forces are responsible for external security but also have some
domestic security responsibilities that include counterterrorism and
counterinsurgency activities and control of an extensive system of
village militias. Civilian authorities generally maintained effective
control over the security forces. Some members of the security forces
committed serious human rights abuses.
Laos is an extremely poor country with an estimated population of
5.5 million. The economy is overwhelmingly agricultural, with 85
percent of the population engaged in subsistence agriculture. The sharp
income inequality between participants in the monetary economy and
those in the subsistence economy is demonstrated by the fact that the
mean annual income is about $335 and the per capita gross domestic
product about $1,700. Since 1986 the Government has abandoned most of
its socialist economic policies in favor of market-based ones. It
officially welcomes foreign investment, and is gradually strengthening
its legal framework, including laws to protect property rights, but the
domination of the state-owned banks and enterprises and a reluctance to
embrace far-reaching reforms have slowed the process. The country is
heavily dependent on official foreign aid and on remittances from Lao
living abroad.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Citizens do not have the right to
change their government. Members of the security forces abused
detainees, especially those suspected of insurgent or antigovernment
activity. Prisoners were abused and tortured, and prison conditions
generally are extremely harsh and life threatening. Police used
arbitrary arrest, detention, and surveillance. Lengthy pretrial
detention and incommunicado detention were problems. The judiciary was
subject to executive, legislative, and LPRP influence, was corrupt, and
did not ensure citizens due process. The Government infringed on
citizens' privacy rights. The Government restricted freedom of speech,
the press, assembly, and association. The Government continued to
restrict freedom of religion, and police and provincial authorities
arrested and detained more than 60 members of Christian churches, with
4 members of religious communities in custody or incarcerated for their
religious beliefs at year's end. Unlike in previous years, there were
no reports of forced renunciations of faith involving profane rituals
such as drinking animal blood, although there were isolated reports
from some areas that ethnic minority Protestant communities continued
to be pressured to renounce their faith. Authorities in some provinces
allowed Christian communities to reopen churches that had previously
been closed, and in July the Government issued the Decree on the
Administration and Protection of Religious Practice aimed at providing
guidelines to both religious groups and authorities on permissible
religious activities. The Government imposed some restrictions on
freedom of movement. Societal discrimination against women and
minorities persisted, although the Government actively supported a
policy of encouraging greater rights for women, children, persons with
disabilities, and minorities. The Government restricted some worker
rights. Trafficking in women and children was a problem.
REPSECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of politically motivated killings by government
officials during the year. There were unconfirmed reports of deaths of
Hmong villagers in connection with security force operations against
insurgents in remote parts of Saisomboun Special Zone and in Xieng
Khouang, Vientiane, and Bolikhamsai Provinces.
Small bands of Hmong insurgents, known as the ``Chao Fa,'' launched
several attacks against government and civilian targets during the
year, with sporadic insurgent attacks on military posts reported during
the January-May dry season. In March suspected insurgents shot at a
low-flying military aircraft in Xieng Khouang Province, killing a
policeman and injuring a pilot. In June insurgents raided villages in
Vientiane Province but reportedly caused no casualties. According to
Lao press reports, six of the attackers were killed, and a seventh
subsequently died in Thailand of wounds received in the attack.
In September two men threw an explosive device into a crowd of
people gathered for a religious ceremony at a Buddhist temple in
Vientiane, seriously injuring a young child. According to subsequent
police reports, both suspects were apprehended at the scene of the
attack. Although officials stated the attack was the result of a
``dispute'' between youth groups, there were credible indications the
attack was politically motivated.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution and the Penal Code prohibit torture;
however, in practice members of the security forces subjected prisoners
to torture and other abuses. Credible sources reported that detainees
sometimes were subjected to beatings, long-term solitary confinement in
completely darkened rooms, and burning from cigarettes. In some cases
detainees were held in leg chains or wooden stocks. During the year,
several persons arrested for religious activity were held in wooden
stocks or shackles for part of their confinement. At least one
religious detainee was seriously beaten by authorities while under
detention.
Prison conditions generally were extremely harsh and life
threatening. Food rations were minimal, and most prisoners relied 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. Credible reports indicated that ethnic
minority prisoners and some foreign prisoners were treated particularly
harshly. Prison authorities used degrading treatment, solitary
confinement, and incommunicado detention against perceived problem
prisoners, especially suspected insurgents. On occasion the authorities
used incommunicado detention as an interrogation method; in isolated
cases, this was life threatening when prisoners were detained in such
conditions for lengthy periods. There were confirmed reports that a few
jails placed prisoners in leg chains, wooden stocks, or fixed hand
manacles for extended periods (see Section 2.c.). Medical facilities
were extremely poor or nonexistent. Some prisoners died as a result of
abusive treatment and lack of medical care. Prison conditions for women
were similar to those for men. Prisons hold both male and female
prisoners, although they were placed in separate cells. Juveniles were
housed together with adult prisoners.
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.). The Government continued to ignore these
pleas, as well as other representations regarding use of torture and
abusive treatment.
The Government has provided limited access to some detention
facilities to Lao U.N. personnel monitoring the status of juveniles in
the prison system; however, the Government generally did not permit
independent monitoring of prison conditions, including by foreign
individuals or organizations, and has denied the International
Committee of the Red Cross access to its prisons.
d. Arbitrary Arrest, Detention, or Exile.--The law provides for
arrest warrants issued by the prosecutor, and the Constitution provides
for procedural safeguards; however, in practice the Government did not
respect these provisions, and arbitrary arrest and detention remained
problems. Police sometimes used arrest as a means of intimidation or to
extract bribes. Police exercised 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. Incommunicado
detention was a problem (see Section 1.c.). There is a 1-year statutory
limit for detention without trial; the length of detention without a
pretrial hearing or formal charges by law also is limited to 1 year;
however, these limits often were ignored in practice. The Office of the
Prosecutor General must authorize police to hold a suspect pending
investigation. Authorization is given in 3-month increments, and, in
theory, after a maximum of 1 year, a suspect must be released if police
do not have sufficient evidence to bring charges. Access to family or a
lawyer is not assured. There is a bail system, but its implementation
was arbitrary. A statute of limitations applies to most crimes. In
practice, alleged violations of criminal laws involving national
security led to lengthy pretrial detentions without charge and minimal
due process protection of those detained. Authorities sometimes
continued to detain prisoners after they had completed their sentences,
especially in cases where prisoners were unable to pay court fines.
During the year, government authorities arrested and detained more
than 60 Christians, at times holding them in custody for months (see
Section 2.c.). According to confirmed reports, those detained without
trial at year's end for their religious activities included one person
in Phongsaly and one person in Houaphanh; one person detained in
Savannakhet was released in December. Seven lowland Lao men who
returned from China have been detained without trial since 1997. An
eighth member of this group was released in 2001.
Some sources reported that in June authorities in Vientiane
Province arrested six Hmong villagers in Muang Feuang district,
reportedly because of suspicion that the six had some involvement with
antigovernment insurgents.
Police in some instances administratively overruled court
decisions, at times detaining a defendant exonerated by the court, in
violation of the law (see Section 1.e.). There were no known instances
of the police being reprimanded or punished for such behavior.
An unknown number of persons, perhaps over 100, were in detention
for suspicion of violations of criminal laws concerning national
security. Security-related laws were sometimes applied to routine
criminal actions to justify long periods of incarceration without
trial.
The Government does not use forced exile; however, a small group of
persons who fled the country at the time of the change in government in
1975, and who were tried in absentia for antigovernment activities,
does not have the right of return (see Section 2.d.).
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 influenced the courts, although
perhaps to a lesser degree than in the past. Impunity was a problem, as
was corruption. Many observers reported that judges can be bribed. The
National Assembly Standing Committee appoints judges for 5-year terms;
the executive appoints the Standing Committee. The Assembly may remove
judges from office for ``impropriety.'' Since 1991 one judge at the
district level has been removed for improper behavior.
The People's Courts have three levels: District; municipal and
provincial; and a Supreme Court. Decisions of the lower courts are
subject to review by the Supreme Court, but decisions by military
courts are not subject to the Supreme Court's review. Both defendants
and prosecutors in civilian courts have the right to appeal an adverse
verdict. There are instances in which civilians may be tried in the
military courts, but this reportedly was rare.
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 that the authorities inform persons
of their rights. The law states that defendants may have anyone assist
them in preparing a written case and accompany them at their trial;
however, only the defendant may present oral arguments at a criminal
trial. For several reasons, including lack of funds, a near absence of
attorneys, and a general perception that attorneys cannot affect court
decisions, most defendants did not have attorneys or trained
representatives. In theory, under the law defendants enjoy a
presumption of innocence; however, in practice trial judges usually
decided a defendant's guilt or innocence in advance, basing their
decisions on the result of police or Prosecutor's Office reports.
Reliance on these reports created a presumption that the defendant was
guilty. Most trials were little more than pro forma examinations of the
accused, with a verdict having already been reached. Most criminal
trials reportedly ended in convictions. Defendants sometimes were not
permitted to testify on their own behalf. Trials for alleged violations
of some criminal laws relating to national security and trials that
involve state secrets, children under the age of 16, or certain types
of family law, are closed.
Most of the country's 450 judges had only basic legal training, and
many had few or no references upon which to base their decisions. The
National Assembly's Law Committee routinely reviewed Supreme Court
decisions for ``accuracy'' and returned cases to the Court or the
Prosecutor General's Office for review when it felt a decision had been
reached improperly.
In some instances, police administratively overruled court
decisions, at times detaining a defendant exonerated by the court, in
violation of the law.
In addition to the hundreds of short- and long-term political
detainees (see Section 1.d.), there were nine known political
prisoners. Two prisoners from the pre-1975 regime, Colonel Sing
Chanthakoumane and Major Pang Thong Chokbengvoun, were serving life
sentences after trials that did not appear to be conducted according to
international standards. Two former government officials, Latsami
Khamphoui and Feng Sakchittaphong, were detained in 1990 for advocating
a multiparty system and criticizing restrictions on political liberties
and were not tried until 1992. They were serving 14-year sentences
based on their 1992 convictions. Five persons arrested in October 1999
for attempting to organize a prodemocracy demonstration in Vientiane
were sentenced to 20 years' imprisonment for antigovernment activities
in a closed trial; they were incarcerated in Vientiane at year's end.
Other political prisoners may have been arrested, tried, and
convicted under laws relating to national security that prevent public
court trials; however, the Government is silent on the matter, and
there is no reliable independent method to ascertain accurately their
total number. There have been no verifiable reports of other political
prisoners in the last few years.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Government limits citizens' privacy rights, and
the Government's surveillance network is vast. Security laws allow the
Government to monitor individuals' private communications (including e-
mail) and movements. However, some personal freedoms accorded to
citizens expanded along with the liberalization of the economy.
The Constitution prohibits unlawful searches and seizures; however,
police at times disregarded constitutional requirements to safeguard
citizens' privacy, especially in rural areas. By law security police
may not authorize their own searches; they must have approval from a
prosecutor or court; however, in practice police did not always obtain
prior approval. The Penal Code generally protects privacy, including
that of mail, telephone, and electronic correspondence; however, the
Government often violated such legal protections.
MOPS monitored citizens' activities; in addition, an informal
militia in both urban and rural areas, operating under the aegis of the
military, has responsibility for maintaining public order and reporting
``undesirable elements'' to the police. The militia usually was more
concerned 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 under the control of the popular
front organizations played a similar monitoring role.
Although the Government permitted the public sale of leading
foreign magazines and newspapers, restrictions on publications mailed
from overseas were enforced, albeit loosely (see Section 2.a.). The
Government allowed citizens to marry foreigners but only with prior
approval. Although the Government routinely granted permission, the
process was lengthy and burdensome. Marriages to foreigners without
government approval may be annulled, with both parties subject to
arrest or fines. During the year, at least one foreign person was
separated from his citizen wife and their child and deported (see
Section 2.d.).
The Government displaced internally hundreds of persons during the
year, mainly as a result of infrastructure development programs. During
the year, hundreds of families were relocated from downtown Vientiane
to make way for a new city park. Although the Government provided
compensation to displaced persons in the form of land and household
supplies, this compensation was often inadequate.
Local officials in Kasi district of Vientiane Province and Khamkeut
district of Bolikhamsai Province reportedly forced a number of
Christians out of their villages because they had refused to change
their religious beliefs (see Section 2.c.).
There are three Internet service providers. The Prime Minister's
Office has stated that it intends to monitor and control more actively
Internet communications by the country's 3,200 subscribers. However,
most Internet sites, including those critical of the Government, were
accessible to users. Vientiane and most larger towns had numbers of
Internet cafes that catered primarily to foreign travelers but were
also accessible to 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; however, the Government severely
restricted political speech and writing in practice. The Government
also prohibited 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. Citizens who lodged legitimate complaints with
government departments generally did not suffer reprisals, but
criticism of a more general nature, or targeting the leadership, may
lead to arrest.
All domestic print and electronic media were state-owned and
controlled. Local news in all media reflected government policy.
Television talk shows and opinion articles referred only to differences
in administrative approach. Although domestic television and radio
broadcasts were closely controlled, the Government made no effort to
interfere with television and radio broadcasts from aboard. In practice
many citizens routinely watched Thai television or listened to Thai
radio, including news broadcasts. A few Asian and Western newspapers
and magazines were available through private outlets that had
government permission to sell them.
Foreign journalists must apply for special visas. Although such
visas normally were granted, persons traveling on journalist visas were
restricted in their activities. The authorities did not allow
journalists free access to information sources or to travel without
official escort. In addition, they must pay a daily fee for the
services of their escort.
The authorities also prohibited the dissemination of materials
deemed to be indecent, to undermine the national culture, or to be
politically sensitive. Any person found guilty of importing a
publication deemed offensive to the ``national culture'' faces a fine
or imprisonment for up to 1 year. Until July the Government did not
permit the printing of non-Buddhist religious texts or their
distribution outside a congregation and restricted the import of
foreign religious texts and artifacts. A new Prime Ministerial Decree
issued in July, however, allows for the printing and distribution of
religious material, providing the authorities first grant permission
(see Section 2.c.).
Films and music recordings produced in government studios must be
submitted for official censorship. However, in practice most foreign
films and music were easily available in video and compact disc format.
Government enforcement of restrictions on nightclub entertainment
generally was lax during the year.
Citizens had 24-hour access to Cable News Network and the British
Broadcasting Corporation, among other international stations accessible
via satellite television. The Government required registration of
receiving satellite dishes and a one-time licensing fee for their use,
largely as a revenue-generating scheme, but otherwise made no effort to
restrict their use.
The Government controlled all domestic Internet servers and
occasionally blocked access to those Internet sites that were deemed
pornographic or were critical of government institutions and policies.
The Government also sporadically monitored e-mail. In October 2000, the
National Internet Control Committee promulgated highly restrictive
regulations regarding Internet use by citizens. The regulations
significantly curtailed freedom of expression and made ``disturbing the
peace and happiness of the community'' and ``reporting misleading
news'' criminal acts. In addition, in 2001 the Prime Minister's Office
issued orders consolidating government control over Internet service
(see Section 1.f.). However, the Government in the past was limited in
its ability to enforce such regulations.
The Constitution provides for academic freedom; however, the
Government restricted it, although over the past several years it has
relaxed its restrictions in certain areas. Both citizen and noncitizen
academic professionals conducting research in the country may be
subject to restrictions on travel and access to information and to
Penal Code restrictions on publication. As the sole employer of
virtually all academic professionals, the Government exercised some
control over their ability to travel on research or to obtain study
grants. However, the Government, which once limited foreign travel by
professors, actively sought out these opportunities worldwide and
approved virtually all such proposals.
In recent years, credible reports have indicated that some state
and party officials denied some academically qualified ethnic
minorities, including Hmong, opportunities for foreign fellowships and
study abroad. This discriminatory behavior went unchecked. On rare
occasions in previous years, the Government 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.
No such cases were known to have occurred during the year.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
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. If defendants are
tried for crimes against the State, they may face much longer sentences
of up to 20 years or possible execution.
The Constitution provides citizens with the right to organize and
join associations; however, the Government restricted this right in
practice. The Government registers and controls all associations and
prohibits associations that criticize it. Political groups other than
popular front organizations approved by the LPRP are forbidden.
Although the Government restricted many types of formal professional
and social associations, in practice informal nonpolitical groups met
without hindrance. The Foundation for Promoting Education, a private
voluntary organization in Vientiane Municipality, operated
independently under its own charter; however, it reported to the
Ministry of Education. The Buddhist Promotion Foundation, a semiprivate
group founded in 1998 by the Lao Buddhist Fellowship Association,
reported to the LPRP Lao Front for National Construction, an LPRP
popular front organization responsible for overseeing all religions.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the authorities, particularly at the local level,
interfered with this right in practice.
The Constitution prohibits ``all acts of creating division of
religion or creating division among the people.'' The LPRP and the
Government apparently interpreted this section as inhibiting religious
practice by all persons, including the Buddhist majority and a large
population of animists. Although official pronouncements acknowledged
the positive benefits of religion, they also emphasized its potential
to divide, distract, or destabilize.
In July the Prime Minister's Office issued a Decree on the
Administration and Protection of Religious Practice. The decree, which
has the effect of law, was designed to specify clearly the range of
activities permitted religious groups or practitioners. The decree
permits minority religious groups to engage in a number of activities
that had previously been considered by most authorities to be illegal,
such as proselytizing and printing religious material. However, it
requires religious groups or individuals to obtain permission in
advance for these activities, in most cases from the Lao Front for
National Construction, the party-controlled organization that oversees
religious issues on behalf of the Government. Although most religious
leaders were hopeful that the new decree would lead to increased
religious freedom, some were concerned that its requirements for
advance permission would actually hamper religious activity.
The Constitution notes that the State ``mobilizes and encourages''
Buddhist monks, novices, and priests of other religions to participate
in activities ``beneficial to the nation and the people.''
During the year, government authorities arrested and detained more
than 60 Christians, at times holding them in custody for months. In
several cases, the prisoners were handcuffed, detained in leg chains
and stocks, and subjected to psychological pressure. At least one
detainee was severely beaten while in detention.
In Oudomxay one person was serving a 12-year sentence and another a
15-year sentence at year's end for religious proselytizing, purportedly
in coordination with foreigners. Three prisoners serving 3-year terms
in Luang Prabang for religious practice found by the courts to be
``creating social turmoil'' were released in July after completing
their sentences.
A campaign begun in 1999 and continuing into early 2001 in some
provinces to close churches and force Christians to renounce their
faith appeared to have largely dissipated or at least to be confined to
just a few districts. Religious leaders reported no incidents of
persons being forced by authorities to give up their faith during the
year. However, Christians in some areas reported that authorities
continued to tell them that Christianity was illegal or that they
should give up their faith. A 2-year-old campaign to close churches
continued early in the year in some areas. However, as the year
progressed, authorities in a number of provinces, including Vientiane,
Savannakhet, and Luang Prabang, permitted many churches to reopen.
There were no reports of security forces stopping vehicles that carried
multiple passengers during Sunday worship hours in order to prevent
villagers from traveling to attend worship services as had occurred in
the past (see Section 2.d.).
The LPRP controls the Buddhist clergy (``Sangha'') in an attempt to
direct national culture. Although the state is secular in both name and
practice, the Party and the Government pay close attention to Theravada
Buddhism, which is followed by more than 60 percent of the population.
The Government's observation and control of the training of clergy and
support for and oversight of temples and other facilities constituted
means for overseeing the dominant Buddhist faith as well as promoting
Buddhism as an integral part of the national culture and identity.
There is only one semireligious government-recognized holiday--Boun
That Luang--which also is a major political and cultural celebration.
However, the Government recognized the popularity and cultural
significance of Buddhist festivals, and most senior officials openly
attended them. Buddhist clergy were featured prominently at important
state and party functions. The Lao Front for National Construction
directed the Lao Buddhist Fellowship Association. Since 1996, monks
studying at the National Pedagology School are no longer required to
study Marxism-Leninism as part of their curriculum, and the integration
of Communist ideology in Buddhist instruction has waned greatly in
recent years. Some temples have been permitted to receive support from
Theravada Buddhist temples abroad, to expand the training of monks, and
to focus more on traditional teachings. In addition, many monks
traveled abroad, especially to Thailand, for formal religious training.
The authorities continued to be suspicious of non-Buddhist
religious communities, including some Christian groups, in part because
these faiths do not share Theravada Buddhism's high degree of direction
and incorporation into the Government structure. Some authorities
criticized Christianity in particular as a Western or imperialist
``import'' into the country. Local authorities, apparently with
encouragement from some officials in the Central government or
Communist Party, have singled out Protestant groups as a target of
persecution. Protestant churches' rapid growth over the last decade,
their contact with religious groups abroad, aggressive proselytizing on
the part of some members, and independence of central government
control all have contributed to government and Communist Party
suspicion of the churches' activities. The Government strictly
prohibited foreigners from proselytizing, although it permitted foreign
nongovernmental organizations with religious affiliations to work in
the country. Foreign persons caught distributing religious material may
be arrested or deported, although no such incidents were known to have
occurred during the year. Although there is no legal prohibition
against proselytizing by citizens, local officials investigated and
harassed citizens who do so, based upon a constitutional provision
against ``creating division of religion.'' The Prime Minister's Decree
on the Administration and Protection of Religious Practice permits
proselytizing, but only if permission is first obtained from government
or party authorities.
The Government's tolerance of religion varied by region. In general
central government authorities appeared unable or unwilling 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 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 restrictive conditions. In some areas,
such as Savannakhet, Luang Prabang, and Vientiane Provinces, the
authorities continued to arrest and detained some religious believers
without charges (see Section 1.d.). There were no reports during the
year that local officials in isolated areas monitored and arrested
persons who converted to Christianity, as had occurred in the past.
Efforts by some officials to force Christians to renounce their faith
apparently have ceased in most areas, and there were no reported
instances of forced religious renunciation during the year, although
Protestants reportedly were forced out of their villages in a few areas
because of their unwillingness to renounce their faith (see Section
1.f.). Followers of Islam and the Baha'i faith were able to practice
their religion without hindrance from authorities.
In some parts of the country, particularly the south, the
authorities generally tolerated diverse religious practices; however, a
pattern of petty local harassment persisted in other areas. Many
converts must undergo a series of harsh government interviews; however,
after overcoming that initial barrier, they generally were permitted to
practice their new faith unhindered. Members of long-established
congregations had few problems in practicing their faith; however, some
churches established a century ago continued to be subjected to
harassment and closure by local government officials in Savannakhet.
Many groups of coreligionists seeking to assemble in a new location
were prevented from meeting, practicing, or celebrating major religious
festivals.
The authorities sometimes advised new congregations to join other
religious groups with similar historical roots, despite clear
differences between the groups' beliefs. Some groups did not submit
applications to establish places of worship because they did not
believe that their applications would be approved. In recent years,
some minority religious groups have reported that they were unable to
register new congregations or receive permission to establish new
places of worship, including in Vientiane.
The Roman Catholic Church is unable to operate effectively in the
highlands and much of the north, and the Catholic Church in northern
Laos is largely moribund. The small Catholic communities in Luang
Prabang, Sayaboury, and Bokeo Provinces sporadically held services in
members' homes, but there are no priests resident in the area and
pastoral visits from Vientiane were infrequent. However, the church has
an established presence in five of the most populous central and
southern provinces, where Catholics were able to worship openly. There
were three official bishops, one each in Vientiane, Thakhek, and Pakse,
as well as a fourth bishop for Luang Prabang whose position had not
been approved by the country's authorities and who resided in
Vientiane.
Between 250 and 300 Protestant congregations conduct services
throughout the country. The Lao National Front for National
Construction has recognized two Protestant groups: The Lao Evangelical
Church (the umbrella Protestant church) and the Seventh-Day Adventist
Church. Nominally all Protestant congregations in Laos belonged to one
of these two organizations, although in practice some congregations
operated independently. Both the Lao Evangelical Church and the Seventh
Day Adventist Church owned properties in Vientiane and other cities.
Although the Government generally permitted major religious
festivals of established congregations without hindrance, local
officials have restricted the celebration of major Christian holidays
by some congregations. Several Protestant congregations in remote areas
of Vientiane, Luang Prabang, Savannakhet, and Syaboury Provinces were
not permitted to celebrate Christmas and Easter holidays during the
year, and in some areas officials conducted mandatory political
training classes on Sunday, preventing villagers from attending worship
services. In December over 20 worshippers at several villages in
Savannakhet Province were arrested and detained for several days when
they gathered for Christmas services. Authorities charged that the
congregations had ``assembled unlawfully.''
Two mosques and two Baha'i centers operated openly in Vientiane
municipality; two other Baha'i centers were located in Vientiane
Province and Pakse. Five Mahayana Buddhist pagodas were located in
Vientiane, and others were found in larger cities and towns.
Animists generally experienced no interference from the Government
in their religious practices, which vary extensively among the
approximately 70 identified ethnic groups and tribes in the country.
However, the Government actively discouraged animist practices that it
regarded as outdated, unhealthful, or illegal, such as the practice in
some tribes of infanticide of infants born with birth defects or of
keeping the bodies of deceased relatives in homes.
Until recently the Government did not permit the printing of non-
Buddhist religious texts or their distribution outside a congregation
and restricted the import of foreign religious texts and artifacts. The
new Prime Ministerial Decree on Religious Practice, promulgated in
July, permits the printing of religious material, providing permission
is obtained from the Lao Front for National Construction. The
Government requires and usually grants its permission for formal links
with coreligionists in other countries; however, in practice the
distinction between formal and informal links was unclear, and
relations with coreligionists generally were established without much
difficulty.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Migration, and Repatriation.--The Constitution provides for these
rights; however, the Government restricted some of them in practice.
Citizens who travel across provincial borders no longer are required to
report to authorities upon their departure and arrival. However, in
designated security zones, roadblocks and identity card checks of
travelers were conducted occasionally. Citizens who seek to travel
abroad are required to apply for an exit visa. The Government usually
granted such visas; however, officials at the local level have denied
permission to apply for passports and exit visas to some persons
seeking to emigrate, and in the case of one foreign individual deported
for marrying a citizen without prior permission, government officials
were adamant that they would not issue an exit visa for his wife or
their dual national infant child (see Section 1.f.). Access by
foreigners to certain areas, such as the Saysomboune Special Zone, an
administrative area operated by the military forces, is restricted for
safety and security reasons.
There were no reports that security forces in villages where
churches had been closed stopped large vehicles carrying multiple
passengers during Sunday worship hours in order to prevent villagers
from traveling to attend worship services, as had occurred in the past
(see Section 2.c.).
Although bandit and insurgent attacks on road traffic in northern
Laos have occurred in the past, no such attacks were known to have
occurred during the year.
Since 1980 more than 29,000 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). These returnees generally have been subject to
more suspicion and scrutiny by the authorities than other citizens.
Nevertheless, many who fled after the change of government in 1975 have
visited relatives, some have stayed and gained foreign resident status,
and some successfully have reclaimed citizenship. A small group, tried
in absentia in 1975 for antigovernment activities, does not have the
right of return (see Section 1.d.).
The Constitution provides for asylum and the protection of
stateless persons under the law. In practice, the Government did not
provide first asylum and generally did not cooperate with the UNHCR or
other U.N. offices in such cases.
Eight lowland Lao men who returned from China in 1997 were detained
without trial. One was released in 2001, but the seven others remained
in detention at year's end.
Some refugee returnees carried government-issued identification
cards with distinctive markings, ostensibly for use by authorities.
Such cards tended to reinforce a pattern of societal discrimination
against the returnees.
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 provides for a representative National Assembly, elected
every 5 years in open, multiple-candidate, fairly tabulated elections,
with voting by secret ballot and universal adult suffrage; however, it
legitimizes only a single party, the LPRP. Election committees,
appointed by the National Assembly, must approve all candidates for
local and national elections. Candidates need not be LPRP members, but
in practice almost all were.
The National Assembly chooses a standing committee generally based
on the previous standing committee's recommendation. Upon the
committee's recommendation, the National Assembly elects or removes the
President and Vice President. The standing committee also has
supervision of administrative and judicial organizations, and the sole
power to recommend presidential decrees. It also appoints the National
Election Committee, which has powers over elections (including approval
of candidates). Activities of the standing committee are not fully
transparent.
The National Assembly, upon the President's recommendation, elects
the Prime Minister and other Ministers in the Government. The 109-
member National Assembly, elected in February under a system of
universal suffrage, approved the LPRP's selection of the President at
its inaugural session in April, and in the same session it ratified the
President's selection of a new Prime Minister and cabinet. The National
Assembly may consider and amend draft legislation, but only permanent
subcommittees of the Assembly may propose new laws. The Constitution
gives the right to submit draft legislation to the National Assembly
standing committee and the ruling executive structure.
Women increased their representation in the National Assembly in
the 2002 elections from 20 to 22 members in the 109-member body. Three
members of the 53-member LPRP Central Committee were women, one of whom
was also a member of the 7-member standing committee in the National
Assembly. There were no women in the Politburo or the Council of
Ministers.
The number of ethnic minority members in the 109-member National
Assembly--9 Lao Soung (highland dwelling tribes) and 19 Lao Theung
(mid-slope dwelling tribes)--was slightly less than in the previous
national assembly; most members of the Assembly were ethnic Lao, who
also dominated the upper echelons of the Party and government. Three
cabinet ministers were 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 in general did not respond to requests for
information on the human rights situation from international human
rights organizations.
The Government maintained contacts with the International Committee
of the Red Cross (ICRC); government officials received ICRC training on
human rights law in 1998, and the Government continues to translate
international human rights and humanitarian law conventions with ICRC
support. The Government permitted U.N. human rights observers to
monitor the treatment of almost 30,000 returned refugees in all parts
of the country with minimal interference (see Section 2.d.). The
UNHCR's Lao office closed at the end of 2001, with the Commission's
determination that the office's monitoring role had been completed and
former refugees had been successfully reintegrated.
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 2000
it published a partial compilation of international conventions on
human rights in Lao.
Section 5. Discrimination Based on Race, Sex, 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. Although the Government at times took 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 well developed nor widely understood among the general
population.
Women.--There were reports that domestic violence against women
occurred, although it was not widespread. Spousal abuse is illegal.
Rape reportedly was rare. In cases of rape that were tried in court,
defendants generally were convicted with penalties ranging from 3-
years' imprisonment to execution. Spousal rape is not illegal.
Trafficking in women and girls for prostitution was a problem (see
Section 6.f.). Prostitution is illegal with penalties ranging from 3
months to 1 year in prison.
Sexual harassment was rare. Although sexual harassment is not
illegal, ``indecent sexual behavior'' toward another person is illegal
and punishable by 6 months' to 3 years' imprisonment.
The Constitution provides for equal rights for women, and the Lao
Women's Union operated nationally to promote the position of women in
society. The Family Code prohibits legal discrimination in marriage and
inheritance. Discrimination against women is not generalized; however,
varying degrees of traditional, culturally based discrimination
persisted, with greater discrimination practiced by some hill tribes.
Many women occupied responsible positions in the civil service and
private business, and in urban areas their incomes were often higher
than those of men.
In recent years, the Government increased support for development
programs designed to improve the position of women in society,
including in the political system.
Children.--The level of budgetary support for education was very
low. Education was free and compulsory through the fifth grade;
however, fees for books, uniforms, and equipment, among other things,
precluded children from rural areas and poor urban families from
complying with this requirement. According to government statistics, 80
percent of primary school age children, 50 percent of junior high
school age children, and 25 percent of high school age children were
enrolled in school; the U.N Development Program estimated that almost
40 percent of children never attended school at all and only 10 percent
entered secondary school. There were significant difference in the
treatment of boys and girls in the educational system: Female literacy
was 48 percent versus 70 percent for males. However, men and women
attended the three universities in approximately equal numbers.
Although the Government has made children's education and health care a
priority in its economic planning, funding for children's basic health
and educational needs was inadequate, and the country had a very high
rate of infant and child mortality.
Violence against children is prohibited by law, and violators are
subject to stiff punishments. Reports of the physical abuse of children
were rare. Trafficking in girls for prostitution and forced labor was a
problem (see Section 6.f.). Other forms of child labor generally were
confined to family farms and enterprises (see Section 6.d.).
Persons with Disabilities.--With donor assistance, the Government
was implementing limited programs for persons with disabilities,
especially amputees. The law does not mandate accessibility to
buildings or government services for persons with disabilities, but the
Labor and Social Welfare Ministry has established some regulations
regarding building access and some sidewalk ramps in Vientiane. The Lao
National Commission for the Disabled (LNCD) has promulgated regulations
to protect the rights of persons with disabilities. In 2000 the Lao
Disabled Persons Association set up offices in Champassak and Xieng
Khouang Provinces to assist with the rehabilitation, job skills
training, and social integration of persons with disabilities. Also in
2000, in Vientiane the LNCD hosted a regional conference on
disabilities to promote leadership and organizational skills for
persons with disabilities.
National/Racial/Ethnic Minorities.--The Constitution provides for
equal rights for all minority citizens, and there is no legal
discrimination against them. However, societal discrimination
persisted.
Approximately half the population is ethnic Lao, also called
``lowland Lao.'' Most of the remainder is a mixture of diverse upland
hill tribes whose members, if born in the country, are citizens. There
are also ethnic Vietnamese and Chinese minorities, and a small
community of South Asian origin, particularly in the towns. The Law on
Nationality provides a means for foreigners to acquire citizenship;
more than 100 persons, mostly Vietnamese and Chinese, became citizens
during the year. The Government encouraged the preservation of minority
cultures and traditions; however, due to their remote location and
inaccessibility, minority tribes had 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. There were a number of Hmong officials in the senior
ranks of the Government and LPRP, including at least five members of
the LPRP Central Committee. However, societal discrimination against
the Hmong continued. In recent years, the Government focused some
limited assistance projects in Hmong areas in order to address regional
and ethnic disparities in income. Some international observers claimed
that governmental policies aimed at assimilating the Hmong into the
larger society--such as regional boarding schools--were not respectful
of Hmong native culture; others saw this approach as an escape from
centuries of poverty.
Unlike in past years, there were no reports of government forces
mistreating Hmong suspected of harboring insurgents (see Sections 1.a.
and 1.c.).
During the year, the Government continued to assist citizens,
largely members of ethnic minorities, who returned to the country 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 at times faced greater
discrimination than those Hmong who remained. In 1999 and 2000, a
number of Hmong returnees were forced to renounce their Christian
faith, and the authorities closed one church in a returnee village.
However, this church was later allowed to reopen. During the past 2
years, international observers who monitored repatriation efforts
reported no significant human rights violations.
The Constitution states that foreigners and stateless persons are
protected by ``provisions of the laws,'' but in practice they did not
enjoy the rights provided for by the Constitution. Unlike in previous
years, there were no reports of cases of foreigners of Hmong ethnicity
who were arrested or detained and suffered discrimination because of
their ethnicity.
Section 6. Worker Rights
a. The Right of Association.--Under the law, labor unions may 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
approximately 77,000 members worked in the public sector.
The State employed the majority of salaried workers, although this
situation was changing as the Government privatized state enterprises
and otherwise reduced the number of its employees. Subsistence farmers
made up an estimated 85 percent of the work force.
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 in 1994 revised
the Labor Code in an effort to clarify the rights and obligations of
workers and employers. However, the 2001 Report of the ILO Committee of
Experts cited the Government for its failure to submit reports on
ratified conventions required of member states. Furthermore, the
Government has not replied to comments from the Committee from 7 years
ago.
The FLTU is free to engage in contacts with foreign labor
organizations, which during the year included contacts with the
Association of Southeast Asian Nations Trade Unions and the Asia-
Pacific American Labor Alliance. The FLTU was a member of the World
Federation of Trade Unions.
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 reportedly were
infrequent. The Government sets wages and salaries for government
employees, while management sets wages and salaries for private
business employees.
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.
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 were one mechanism used for resolving complaints.
There were no export processing zones. A law to establish a special
economic zone in Savannakhet Province was under consideration.
c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits
forced labor except in time of war or national disaster, during which
time the State may conscript laborers. The Code also prohibits forced
or bonded labor by children under age 15, and generally this was
enforced effectively.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under the Labor Code, Children under age 15 may not be
recruited for employment, except to work for their families, provided
that such children are not engaged in dangerous or difficult work. Many
children helped their families on farms or in shops. Child labor was
rare in industrial enterprises. The Ministries of Public Security and
Justice are responsible for enforcing these provisions, but enforcement
was ineffective due to a lack of inspectors and other resources. Some
garment factories reportedly employed a very small number of underage
girls. The Government has not ratified ILO Convention 182 against the
worst forms of child labor.
e. Acceptable Conditions of Work.--The Labor Code provides for a
workweek limited to 48 hours (36 hours for employment in dangerous
activities). The Code also provides for at least 1 day of rest per
week. The daily minimum wage was about $0.40 (4,000 kip), which was
insufficient to provide a decent standard of living for a worker and
family. Most civil servants received inadequate pay. However, few
families in the wage economy depended on only one member for income.
Some piecework employees, especially on construction sites, earned less
than the minimum wage.
The Labor Code provides for safe working conditions and higher
compensation for dangerous work. 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
Labor Code also mandates extensive employer responsibility for those
disabled while at work. During the year, this law was enforced
adequately. Although workplace inspections reportedly have increased
over the past several years, the Ministry of Labor and Social Welfare
lacked 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.
There were a number of illegal immigrants in the country,
particularly from Vietnam and China, and they were vulnerable to
exploitation by employers. Some illegal immigrant Vietnamese children
worked selling goods on the streets of Vientiane.
f. Trafficking in Persons.--The Penal Code prohibits abduction and
trade in persons as well as the constraint, procuring, and prostitution
of persons; however, trafficking in persons, particularly women and
children, was a problem. Laos was primarily a country of origin for
trafficking in persons and to a lesser extent, a transit country.
Although there was no reliable data available on the scope and severity
of the problem, rough estimates indicated that from 15,000 to 20,000
Lao girls and young women were trafficked annually for purposes of
prostitution mostly to Thailand; a small number were trafficked to
China and to the United States. Some young men were also victims. As
many as 100,000 citizens annually traveled to Thailand to participate
in seasonal agricultural labor and some urban labor; many of these
citizens were illegally in Thailand and vulnerable to exploitation and
some were trafficked only after their arrival in Thailand. A much
smaller number of foreign nationals transited through Laos, including
Burmese to China and Thailand, and Vietnamese to Thailand. In recent
years, highland minority women from the interior of the country had
become the group most vulnerable to traffickers.
Labor recruiters in the country usually were citizens with
experience in cross-border labor and, for the most part, with no
connection to organized crime, commercial sexual exploitation, or the
practice of involuntary servitude. They simply may be assisting fellow
villagers.
There were no reports of official involvement in trafficking;
however, anecdotal evidence suggested that local officials knew of
trafficking activities and a very few profited from them.
In the past, the Government has prosecuted some persons for
involvement in such trafficking activities.
The Ministry of Labor and Social Welfare (MLSW) has a five-person
unit devoted to children with special needs, including protection from
and prevention of trafficking. However, the unit's effectiveness was
limited by a small budget, inadequate international assistance, and a
lack of trained personnel. The MLSW and the Lao Women's Union have
conducted pilot studies on antitrafficking information campaigns. Due
to financial constraints the Government has conducted only limited
campaigns in a few border towns.
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
regarding the schemes of recruiters for brothels and sweatshops in
neighboring countries and elsewhere.
Some victims were punished for improper documentation or for
crossing the border illegally. The victims had no recourse to relief.
Some local authorities have ordered trafficking victims into
reeducation seminars and subjected them to substantial fines. The
Government remained concerned about children being lured into sexual
exploitation and slave labor in other countries, but the Government
denied that there were any problems in the country that involved child
prostitution. The National Commission for Mothers and Children,
established in 1992 and chaired by the Foreign Minister, continues an
active program with support from UNICEF.
__________
MALAYSIA
Malaysia is a federation of 13 states and 3 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 significant obstacles in competing with the long-entrenched
ruling coalition. However, in the November 1999 elections, opposition
parties won approximately 25 percent of the seats in the Federal
Parliament, and an opposition party also retained control of one state
government and gained control of another. The Constitution provides for
an independent judiciary; however, government action, constitutional
amendments, legislation, and other factors undermined judicial
independence and strengthened executive influence over the judiciary.
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.
The country has a free market economy and a population of
approximately 23.8 million. The economy grew 8.3 percent in 2000, but
slowed in 2001 to a growth rate of 0.4 percent growth. Analysts
expected the economy to grow from 3.5 percent to 4 percent by year's
end. The Government continued its stimulative fiscal and monetary
policies, and took an active role in the development of the export-
oriented economy. Services and manufacturing accounted for 49.6 percent
and 31.5 percent of the gross domestic product (GDP). The unemployment
rate was approximately 3.6 percent.
The Government generally respected the human rights of its
citizens; however, serious problems remained. Police killed a number of
persons, and the authorities prosecuted the perpetrators in some of
these cases. Police on occasion tortured, beat, or otherwise abused
prisoners, detainees, and demonstrators. Prison conditions were
generally satisfactory, although the National Human Rights Commission
(Suhakam) publicly noted its concern about prison overcrowding and
about the lack of adequate health care and facilities in prisons. The
trial of a prominent human rights activist on charges arising from her
criticisms of such conditions continued. Police continued to use the
Internal Security Act (ISA) as well as other statutes to arrest and
detain many persons, without charge or trial. Prolonged pretrial
detention was a serious problem.
Although reforms instituted by the new chief justice in 2001
appeared to have led to some improvements, many observers expressed
serious doubts about the independence and impartiality of the
judiciary, especially in high-profile cases. The politically motivated
convictions of former Deputy Prime Minister Anwar on charges of
corruption and sodomy in 1999 and 2000 demonstrated the judiciary's
lack of independence. In May the Federal Court upheld Anwar's
conviction on corruption charges. Politically motivated, selective
prosecution decreased during the year but continued to be a concern.
Government restrictions, pressure, and intimidation led to a high
degree of press self-censorship. The threat of slander and libel awards
against journalists and media publications diminished during the year;
however, these awards represented a restraint on press freedom. The
Government continued to limit the publication of an opposition party
newspaper, and refused to renew the publication permits of several
other political weeklies. It also sometimes delayed the release of
several foreign weekly magazines. Independent on-line newspapers
operated without direct government interference.
The Government increased restrictions on freedom of assembly and
some peaceful gatherings, particularly those organized by the political
opposition. The Government continued to restrict significantly freedom
of association. In 2001 the Government restricted student participation
in political activities, and detained several students under the ISA.
The Government placed some restrictions on religious freedom, in
particular the right of Muslims to practice teachings other than Sunni
Islam or to convert to other religions. The Government continued to
impose some restrictions on freedom of movement. Government policies
created significant restrictions on opposition parties' ability to
compete effectively with the ruling coalition. The Government continued
to criticize human rights nongovernmental organizations (NGOs), but
also met with several such groups during the year. In 2000 the
Government established the National Human Rights Commission, Suhakam.
Despite some limitations on its scope, and a lack of enforcement
powers, the Commission established several human rights working groups
and in certain cases acted as a credible check on government authority
and policy.
Despite government efforts, societal violence and discrimination
against women remained problems. Sexual abuse of children occurred,
although it was punished severely. Indigenous people faced
discrimination and often were exploited, especially in regard to land
issues. Longstanding policies gave preferences to ethnic Malays in many
areas, and ethnic minorities faced discrimination. Some restrictions on
worker rights persisted. Child labor persisted, in spite of vigorous
government action against it. The country was a source and destination
country for trafficking in women and girls for the purpose of
prostitution. Malaysia was invited by the Community of Democracies'
(CD) Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary and Unlawful Deprivation of Life.--There were no
reports of political killings; however, there were reports of police
killing persons while apprehending them. According to press reports,
police killed 51 persons in this manner during the year. By year's end
the Government had not formed an independent commission to investigate
police killings, as was recommended by a group of 119 domestic NGOs in
February 1999. According to the Government, however, in 2001
disciplinary action was taken against 577 officers and members of the
Malaysian Royal Police. In 2000 1,381 officers and members were
disciplined. The disciplinary action cases ranged from bribery and
extortion to rape and murder.
According to the Deputy Minister of Home Affairs, 18 persons died
in police custody during the year. In September the Attorney General
said that whenever a person dies in police custody, the law requires
that a magistrate investigate. An inquiry was begun in one of the
cases. During the year, police leadership continued efforts to curb
such abuses, including inviting the National Human Rights Commission
(Suhakam) officials to provide training to police officers.
In May 2001, a Coroner's Court ruled that there was no criminal
wrongdoing in the 1998 fatal shooting at close range by police officers
of six men. However, in August the High Court overturned the decision
and found that police were responsible for murderous assault.
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. At times some police tortured, beat, and otherwise
abused prisoners, detainees, and other citizens. The authorities
investigated some of the cases; however, the Government routinely does
not release information on the results of investigations, and whether
those responsible are punished is not always known.
There were several press reports of persons who alleged being
tortured or mistreated while detained by the police. In August
according to news reports, a man who sued police for being physically
brutalized while in detention won $3,700 (10,000 ringgit) in damages.
In 2001 leading members of the opposition party, Parti Keadilan
Nasional, were arrested under the ISA and held incommunicado at Bukit
Aman police headquarters (see Section 1.d.). One of the opposition
activists who was detained in April 2001 under the ISA reported that,
among other things, he was knocked from a chair while handcuffed. In
response to such reports, the Government continued to require police to
attend community relations and ethics courses to address public
concerns over police misconduct.
Local NGOs stated that police sometimes subjected criminal suspects
and illegal alien detainees to physical and psychological torture
during interrogation and detention. In 2001 former Police Chief Rahim
Noor was released early for good behavior after serving 40 days of his
2-month prison sentence for ``causing hurt'' to former Deputy Prime
Minister Anwar Ibrahim. Rahim pleaded guilty to beating Anwar in 1998
while Anwar was handcuffed and blindfolded in police custody. Charges
of attempted assault were reduced as part of a plea bargain. Rahim
earlier paid a fine of $525 (2,000 ringgit) for assaulting Anwar. Rahim
also lost his government pension. No action was taken against senior
police officers who failed to arrest or report Rahim after the beating.
In 2000 the case against fashion designer Mior Abdul Razak bin
Yahya for fabricating evidence in former Anwar's trial was dismissed.
Mior swore in an affidavit that police threatened and abused him into a
false confession of having had sexual relations with the former Deputy
Prime Minister after he was detained in September 1998. Two other
codefendants recounted similar stories.
At year's end, there was still no government response to the March
1999 police report filed by opposition activist Abdul Malek bin Hussin
in which he accused police of torturing him in 1998 while he was
detained without charge under the ISA (see Section 1.d.).
Riot police several times, forcibly dispersed peaceful
demonstrators around the country, using truncheons, water cannons, and
tear gas (see Section 2.b.).
Logging companies reportedly used police force and intimidation to
appropriate land from indigenous Iban and Penan communities in Sarawak
(see Section 5).
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.
The new immigration law, which came into effect on August 1, also
prescribes up to six strokes of the cane for both illegal immigrants
and their employers. 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, also prescribe caning (see
Section 1.e.). The caning which is carried out with a \1/2\-inch-thick
wooden cane, commonly causes welts, and it 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 December, male
children from 10 years of age and up may be given up to 10 strokes of a
``light cane'' (see Section 5).
Prison overcrowding was a serious problem. After visiting a number
of prisons, several Suhakam Human Rights Commissioners said that in
general they were satisfied that conditions in those prisons were
acceptable. During the year there were credible reports by former
prisoners who indicated that guards at some prisons regularly beat
prisoners convicted of criminal offenses. In June the Director General
of Prisons said that the country's 34 prisons, designed to hold 22,000
prisoners, actually held 29,000 inmates. In April 2000, Deputy Prime
Minister Abdullah Badawi announced that the Government spent over
$250,000 (1 million ringgit) to provide every prisoner with a mattress,
although this was not confirmed by independent monitors. In 2001 a
moral rehabilitation center that provides job skills training and
education opportunities was built, but two promised juvenile reform
schools were not built. According to the Government, 5 new prisons,
with the capacity to hold 7,900 prisoners, were in the process of being
built at year's end.
The law provides that, unless the Court of Detention determines
otherwise, young boys and girls in remand (judicially approved
detention) may be placed in prison. According to the law, most children
have the right to remain with their imprisoned mothers until the age of
3 years, but can stay beyond that age by special authority of the
Director General. In 2000 the local press reported that children as
young as 10-years-old were held in prisons for offenses such as petty
theft or involvement in school fights. Although kept in a separate
cellblock, they reportedly mingled with adult prisoners during communal
activities. However, the Government claimed that juvenile prisoners
were kept separately from adult prisoners, either in separate cell
blocks or separate institutions, at all times. In 2001 the Government
identified 2,061 juveniles held in 26 prisons throughout the country.
``Security'' prisoners were detained in a separate detention center
(see Section 1.d.).
The NGOs and former detainees made credible allegations of
inadequate food, inadequate medical care, poor sanitation, and abuse by
guards in government camps for illegal immigrants. In recent years,
conditions were considered to have improved with increased food and
water rations, and vitamin B shots for detainees suffering from beri-
beri. In August a new immigration law, which provides for 6 months in
prison and up to six strokes of the cane for illegal immigrants, took
effect. The law was implemented after a 4-month special amnesty program
for illegal immigrants ended. Subsequent to the law's implementation,
hundreds of illegal immigrants were detained in camps pending
deportation, and there were reports of significant overcrowding during
that time. According to some reports, this overcrowding contributed to
the deaths of several detainees. During the year, a number of Rohingya
asylum seekers were sent to detention camps for illegal immigrants
pending deportation to Burma. There were no reports of deaths or
mistreatment of Burmese Rohingyas in detention camps during the year.
Immigration officials said that over 450,000 illegal immigrants
were deported back to their home countries during the year. They also
stated publicly that several hundred individuals convicted of violating
the immigration law had been subjected to its provisions, including
caning.
The Government does not have any agreement with the International
Committee of the Red Cross (ICRC) that permits visits to prisoners. If
the ICRC were to request such a visit, it would need to negotiate an
ad-hoc agreement with the Government. However, according to one ICRC
representative, prison conditions did not represent a significant
problem. NGOs and the media generally were not permitted to monitor
prison conditions. Access to illegal alien detention camps was
restricted, although UNHCR officials were given access to several camps
to identify and interview potential refugees at various times during
the year (see Section 2.d). In addition, Suhakam officials visited
various camps at different times during the year. The Government
reportedly has welcomed a proposal for a team to undertake an objective
assessment of the situation in detention camps.
d. Arbitrary Arrest, Detention, or Exile.--Police continued to use
several statutes to arrest and to detain many persons without charge or
trial. 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.
Crimes characterized as bailable offenses permit suspects to present
bail at the police station according to a schedule. The Courts enjoy
discretion to deny bail for ``nonbailable offenses'', which are
typically serious in nature, and in other circumstances, for example,
great risk of flight. Police may hold suspects for 24-hours without
charge. Police may request a magistrate to extend the period of
detention 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 released
suspects under remand and quickly rearrested them on new but similar
charges; however, in general, police practice was in accord with legal
provisions concerning detention.
Police may deny prisoners under detention access to legal counsel
and routinely did so. 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
generally upheld this practice. Defendants' advocates claimed that the
lack of access to counsel seriously weakened defendants' legal rights.
Three laws permit the Government to detain suspects without
judicial review or the filing of formal charges: the Internal Security
Act (ISA), the Emergency (Public Order and Prevention of Crime)
Ordinance, and the Dangerous Drugs Act (Special Preventive Measures).
The ISA which originally was enacted when there was an active communist
insurgency, 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 remainder of their
detention periods. These conditions limit their rights to freedom of
speech, freedom of association, and freedom to travel outside the
country.
According to the Government, the goal of the ISA is to control
internal subversion. In October the Deputy Home Minister said that
there were 114 persons in detention under the ISA. In July Deputy Home
Minister Datuk Zainal Abidin Zin said that since its inception in 1960,
4,190 persons were arrested under the ISA.
The ISA often is used against what the Government considers
nonpolitical crimes. The Government states that deviant Muslim groups
pose a danger to national security because of their radical beliefs.
There were no reports of the Government using the ISA against political
opponents during the year. The ISA, and the threat of invoking the ISA,
however, are used to intimidate and restrict political dissent. For
example, in 2001 the Government used the ISA to detain 10 political
activists who were leaders of, or closely associated with, the
opposition National Justice Party (Keadilan), claiming that they
represented a threat to national security. Six of these individuals
received a 2-year detention order and remained in detention at year's
end. Two of the detainees who were released claimed that, during their
interrogations while in police custody, they were questioned only about
their political beliefs and personal life but not about the alleged
offenses for which they initially were detained. In April the six
detainees began a hunger strike to protest their detention under the
ISA, calling on the Government to release them or to try them in open
court. They ceased their hunger strike when Suhakam publicly stated its
intention to conduct an inquiry into all aspects of ISA detentions. A
small group of sympathizers conducted a parallel hunger strike in front
of the Islamic party, Parti Islam Se-Malaysia (PAS) headquarters on the
outskirts of Kuala Lumpur.
In June Suhakam conducted the first part of an inquiry into the
conditions of the ISA detainees in Kamunting prison camp. According to
an observer, 3 Suhakam Commissioners publicly interviewed 17 ISA
detainees. The six supporters of imprisoned former Deputy Prime
Minister Anwar Ibrahim detained under the ISA boycotted the proceedings
and criticized the inquiry for its narrow scope. One attendee said that
during the proceedings the detainees were free to speak about almost
anything including political issues.
In December, 10 individuals were detained under the ISA for rumor
mongering but were released on police bail. The 10 had allegedly
forwarded e-mails claiming that a terrorist group was planning to
launch a series of attacks at popular locations in Kuala Lumpur.
There were 43 suspected terrorists detained under the ISA during
the year. One individual was released conditionally, another was
released unconditionally, and the rest remained in detention at year's
end. In 2001 two university students were detained under the ISA for
participating in opposition political activities, including protesting
against the ISA itself. Both were released within 60 days. In November
one of these detainees was released after a High Court judge ruled his
detention invalid but was then immediately rearrested under the same
section of the ISA. In 2001 the Government also detained a number of
suspected terrorists. Among those detained reportedly were members of
PAS. One, Nik Adli, is the son of the PAS leader and Chief Minister of
Kelantan, Nik Aziz. Most of these individuals remained in detention at
year's end.
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 refused to participate in the review process under these
circumstances.
Amendments to the ISA in 1988 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 did not concur with this
interpretation, and they reviewed ISA detentions only on technical
grounds. Detainees freed on technical grounds nearly always were
detained again immediately. However, in May 2001 Shah Alam High Court
Judge Hishamuddin Mohd Yunus ordered the release of two opposition
leaders who were detained that April under the ISA, calling their
detentions unlawful. In his ruling, the judge said that the police
could not simply cite the ISA's function to ``preserve national
security'' as justification for its use. Additionally, the judge
included a special provision in his ruling that forbade the police from
rearresting the two individuals in the first 24 hours after their
release. By the end of the year, neither one had been rearrested.
In August the Federal Court ruled that the detention of the six
opposition activists detained under the ISA in April 2001 were
unlawful. However, as the Court's ruling focused on the police's
initial 60-day detention order and not on the Home Affairs Ministry's
subsequent determination to detain the activists for an additional 2
years, the detained activists remained in detention at year's end. In
December the ISA advisory board reviewed the case, noted the Federal
Court decision, and recommended that the detainees be released. Anti-
ISA activists criticized the Government's legal reasoning and its
refusal to follow the court's ruling to release the detainees.
Opposition leaders and human rights organizations continued to call
on the Government to repeal the ISA and other legislation that deprived
persons of the right to defend themselves in court. For example, in
2001 a group of 71 NGOs and opposition parties joined together to form
the Abolish the ISA Movement (AIM). The group organized conferences,
hosted a web site, and staged other events to broadcast its opposition
to the ISA. In 2001 it submitted a proposal to Parliament to repeal the
ISA. However, during the year, a number of ruling coalition politicians
and government officials continued to state that the ISA remained
necessary and would not be repealed. Government Ministers publicly
stated that the move by foreign governments to implement preventive
detention measures to combat terrorism, underscored the country's
continued need for the ISA. Representatives of human rights
organizations stated that the international campaign against terrorism
dampened support for the anti-ISA movement. Following several
successful legal challenges to ISA detentions on procedural grounds,
the Government reportedly was reviewing the law to further restrict the
scope of judicial review.
Under the Emergency Ordinance, the Home Minister may 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 practice
the Government used the Emergency Ordinance for other reasons.
According to the human rights NGO, Suaram, as of July, 309 persons had
been detained under the Emergency Ordinance.
Provisions of the Dangerous Drugs Act (Special Preventive Measures)
give the Government specific power to detain suspected drug traffickers
without trial. Such 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
procedural rights that a defendant would have in a court proceeding.
The police frequently detained suspected narcotics traffickers under
this act after the traffickers were acquitted of formal charges--often
as they left the courtroom. During the year, the Government detained
over 1,821 persons under this law.
Immigration laws are used to detain possible illegal immigrants
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 were able to produce
legal documents normally were released immediately; those who were
unable to prove their legal status often were held for extended periods
before deportation. Illegal immigrants were kept in detention centers
that were separate from prisons (see Section 1.c.).
Crowded and understaffed courts often result in lengthy pretrial
detention, sometimes lasting several years.
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 their homes for 2
years. The Ministry is authorized to issue the banishment orders
without any judicial or administrative hearings. Human rights activists
questioned the need for this law, which was passed more than 60 years
ago (during British sovereignty), and they have called for its repeal.
The Government continued to justify the act as a necessary tool to
remove suspects out of the area where undesirable activities are being
conducted. The Government did not disclose how many persons were
subject to the Restricted Residence Act and no accurate estimate was
available. In 2000 there were 93 persons held in prison waiting to be
placed under restricted residence, and 17 of these persons were
released from prison into restricted residence.
Section 396 of the Criminal Procedure Code allows the detention of
a person whose testimony as a material witness is necessary in a
criminal case, if that person is considered likely to abscond.
The Government does not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, government action, constitutional
amendments, legislation restricting judicial review, and other factors
eroded judicial independence and strengthened executive influence over
the judiciary. In recent years, a number of high-profile cases cast
doubts on judicial impartiality and independence, and raised questions
of arbitrary verdicts, selective prosecution, and preferential
treatment of some litigants and lawyers. Members of the bar, NGOs, and
other observers continued to express serious concern about these
problems.
Many observers believe judicial independence improved since Tan Sri
Mohamed Dzaiddin Abdullah was appointed Chief Justice in December 2000.
Immediately following his appointment, Chief Justice Dzaiddin spoke
publicly about the importance of restoring public trust in the
judiciary and instituted a rotational case-assignment system intended
to ensure impartiality of judges in the assignment of hearing any given
case. Dzaiddin also repeatedly stressed that a judge's loyalty must be
to the law rather than to outside factors such as politics. Since
Dzaiddin's appointment, a number of high-profile cases were decided
according to the legal merits of the case. However, some observers,
including prominent members of the bar, expressed concern that judicial
independence continued to be compromised. Citing, for example, the
Federal Court's denial in July of former Deputy Prime Minister Anwar
Ibrahim's final appeal on corruption charges, these observers commented
that the executive's influence on the judiciary remained a significant
problem.
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. Juvenile courts try offenders under 18 years of age. The
Special Court tries cases against the King and the Sultans. The Court
of Appeal has appellate jurisdiction over high court and sessions court
decisions. The Federal Court, the country's highest court, hears
appeals of Court of Appeal decisions.
Islamic religious laws administered by state authorities through
Islamic courts bind Muslims, the majority of whom are ethnic Malays.
According to the Government, the Conference of Rulers, which consists
of nine Sultans and the heads of the other four states, has agreed on
the harmonization of Islamic laws. During the year, a committee was
established under the Department of Shari'a to recommend ways to carry
out this harmonization. However, Islamic law is under the purview of
the states, and it is up to the individual states to adopt the
recommended laws.
Indigenous peoples 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 rarely are 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.
Defendants have the right to counsel, bail is sometimes available,
and strict rules of evidence apply in court. Witnesses are subject to
cross-examination. While the defense in both ordinary criminal cases
and special security cases is not entitled to a statement of evidence
before the trial, according to the Government, defendants may make
statements for the record to an investigative agency. 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.
A 1997 amendment to the Criminal Procedure Code that may erode
defendants' presumption of innocence continued to concern lawyers.
Before this 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 a defense. Since the amendment, the
prosecution only needs to prove a legally sufficient case, and the
defendant must be given the opportunity to present a defense. The
Courts of Judicature Act limits 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 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.
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. The Essential Regulations were invoked in 2000 at the beginning
of the trial of 29 members of the Al-Ma'unah sect accused of carrying
out arms thefts at two army posts. Defense lawyers argued that the use
of the Essential Regulations was unconstitutional, since no certificate
of emergency declaring a national emergency had been issued. The judge
ruled that the Attorney General has the discretion to opt to use the
Essential Regulations, if he saw fit to do so (see Section 1.d.).
Even when the Essential Regulations are not invoked, defendants and
defense lawyers lack legal protections against interference. For
example, during a trial police may call and interrogate witnesses who
gave testimony not helpful to the prosecution. Human rights advocates
accused police of using this tactic to intimidate witnesses. Police
also have used raids and document seizures to harass defendants.
Prosecution based on political rather than legal considerations
(selective prosecution), is a serious problem in the legal system.
According to the law, the decision to prosecute a case rests solely
with the Attorney General. Some NGOs made credible accusations of
political interference in the judicial process. However, the Chief
Justice made clear his opposition to the practices of the past and his
intention to make the law, rather than political considerations, hold
sway over the legal process, including decisions on whether or not to
prosecute. Government officials, including the Minister in the Prime
Minister's office responsible for legal affairs, denied that the
Attorney General practices selective prosecution.
Contempt of court charges also restricted the ability of defendants
and their attorneys to defend themselves. However, the use of contempt
of court charges against defendants and their attorneys appeared to be
decreasing. For example, in 1998 the High Court convicted Attorney
Zainur Zakaria for contempt of court after he refused to apologize for
filing a brief on behalf of his client, former Deputy Prime Minister
Anwar Ibrahim. In 1999 the Appeals Court upheld his conviction.
However, in 2001 the Federal Court overturned the conviction, and
stated that the High Court Judge, in his initial handling of the case,
appeared to be acting as an agent for the prosecution.
Following a number of high-profile corruption cases, the Government
amended the Anti-Corruption Act in 1997. The law gives the Attorney
General powers that impinge on the presumption of innocence and
requires accused persons to prove that they acquired their monetary and
other assets legally.
Islamic courts do not give equal weight to the testimony of women.
Many NGOs have complained that women do not receive fair treatment from
Islamic courts, especially in matters of divorce.
The cases against former Deputy Prime Minister Anwar Ibrahim and
some of his associates, and against Irene Fernandez, raised serious
questions about judicial independence and impartiality (see Section
2.a.). According to many legal experts, both domestic and
international, former Deputy Prime Minister Anwar Ibrahim is a
political prisoner because he was charged, tried, and convicted in a
legal process that was politically motivated and patently unfair. In
September 1998, after a political conflict, Prime Minister Mahathir
Mohammad removed Anwar as Deputy Prime Minister. Later that same month,
after a large and mostly peaceful demonstration in which he called for
Mahathir's resignation, Anwar was detained for alleged corruption and
sodomy. Many observers believe the Government manufactured these
charges and used them to remove Anwar, who appeared to be gaining
popular support after he was fired from the political scene. While in
detention, Anwar was beaten by the former 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, but
according to the Government, to prevent social unrest from boiling
over, police changed Anwar's status to ``detention without charge''
under the ISA. Anwar's status subsequently was changed again to
criminal detention.
During Anwar's corruption trial, the judge made several
questionable rulings that greatly limited Anwar's ability to defend
himself. 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 the law but in this case
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. Following his arrest, Anwar was denied bail on questionable
legal grounds.
At the beginning of the sodomy trial, prosecutors changed the dates
of the alleged acts of sodomy, supposedly because the defense
discovered that the apartment building where the sodomy allegedly took
place had not been completed by the original dates. Despite testimony
detailing how police coerced a confession from an alleged homosexual
partner, in 1999 the judge ruled that the prosecution proved beyond a
reasonable doubt that this confession was voluntary. A few days later,
another witness admitted that police coached part of his testimony. In
August 1999, 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. In April 2000, the judge ruled that the Prime Minister, who
was called by the defense in an attempt to prove a political conspiracy
against Anwar, would not be required to testify. Defense attorneys
maintained that they were not permitted by the judge to call a number
of witnesses. The defense claimed that the judge exerted pressure to
bring the trial to an early conclusion. In his written ruling, which
was released in June 2001, the judge said that the testimony of the
chief prosecution witness--widely viewed as deeply flawed and lacking
credibility--was as solid as the ``Rock of Gibraltar.''
In 1999 Anwar was convicted on four counts of corruption and
sentenced to 6 years in prison. In April 2000, Anwar's appeal of the
conviction and sentence was denied by the Court of Appeals. In July of
this year, the Federal Court rejected Anwar's final appeal on these
charges.
In August 2000, Anwar was convicted on a separate charge of sodomy
and sentenced to 9 years in prison, to be served consecutively with the
6-year sentence for corruption. Anwar's lawyers requested that this
conviction be reviewed by the Appeals Court. At year's end, the date
for this appeal had not been set. On May 12, the High Court acquitted
Anwar of the four remaining charges of sodomy and one charge of
corruption that were pending against him after the prosecution withdrew
the charges. Most observers believed this was because the charges were
without basis and would have resulted in further government
embarrassment should they have been aired in open court. According to
the Constitution, Anwar will be disqualified from holding any public
office for 5 years once he completes his 15-year sentence.
Anwar's conviction and sentence were criticized strongly by
opposition parties, human rights groups, and a number of foreign
governments and international human rights organizations. For example,
the Bar Council criticized the trial, citing irregularities in the
evidence, and characterized the sentence as ``manifestly excessive and
harsh.'' After spending nearly 6 months in a hospital receiving
treatment for a slipped disk in his back, Anwar was sent back to prison
in May 2001. In a May 2001 public statement, Suhakam stated that there
were no laws prohibiting Anwar from being sent abroad for medical
treatment. The Government denied Anwar's request for medical treatment
abroad, claiming that adequate medical treatment for his condition
exists in the country. Anwar remained in prison at year's end. He was
permitted to receive visits from only his family and lawyers. According
to the law, Anwar is a ``common criminal'' rather than a political
prisoner, and therefore does not have the right to receive visits from
international human rights organizations.
Anwar Ibrahim is a political prisoner. In addition, the six
individuals associated with the Anwar-based National Justice Party who
were arrested in 2001 and who remained in detention under the ISA are
political detainees. One of the six, Ezam Noor, formally is being
detained under the Official Secrets Act (OSA) which restricts freedom
of expression, but his detention under the ISA reportedly has not been
waived (see Section 2.a.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law protects against such practices; however,
authorities infringed on citizens' privacy rights in some cases.
Provisions in the security legislation allow the police to enter and
search without a warrant the homes of persons suspected of threatening
national security (see Section 1.d.). 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.
A clause in the Anti-Corruption Act empowers the Attorney General
to authorize the interception of mail and the wiretapping of
telephones. Information obtained in this way is admissible as evidence
in a corruption trial.
The law permits the Home Ministry to place criminal suspects under
restricted residence in a remote district away from their homes for 2
years (see Section 1.d.).
The Government bans membership in unregistered political parties
and in unregistered organizations (see Section 2.b.).
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 (see Section 5).
Two state governments sought to restrict Muslim women's dress (see
Section 5). In Kelantan the state government decreed that female
performers may only appear before female audiences.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and freedom of the press; however, some important
legal limitations exist, and in practice the Government restricted
freedom of expression and intimidated most of the print and electronic
media into practicing self-censorship. According to the Government,
restrictions on this freedom were imposed to protect national security,
public order, and friendly relations with other countries.
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, OSA, criminal defamation laws, and some other laws were
used to restrict or to intimidate dissenting political speech.
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. During
the year, according to government officials, 1,385 permit applications
to hold public talks were approved and 33 were rejected due to either
security reasons, late applications, inappropriate venues, or because
there was a potential for causing traffic problems.
Throughout the year, government officials warned that political
parties that raised sensitive issues and threatened national stability
would be charged under the Sedition Act. However, government and ruling
party officials sometimes made statements on sensitive racial and
religious issues with no repercussions. In June the opposition leader
Lim Kit Siang and a number of his colleagues were arrested for
distributing leaflets that criticized the Prime Minister's declaration
that the country was an Islamic state. In August the High Court
acquitted the Youth Chief of the National Justice Party, Ezam Noor, of
sedition charges for his alleged call for street demonstrations in
March 2001 to topple the Government (see Section 1.e.).
In March opposition politician Marina Yusoff, charged with sedition
for comments she made about the 1969 racial violence while campaigning
for Parliament in 1999, was fined $1,300 (5,000 ringgit). In January
the sedition charges against opposition leader and prominent attorney
Karpal Singh were dropped. Karpal was charged for statements that he
made in court during his defense of Anwar Ibrahim that the Government
considered seditious.
In the past, the Bar Council and other NGOs called for a review of
certain provisions of the OSA that grant considerable discretion to the
authorities. Opposition leaders historically accused the Government of
using the OSA to cover up corruption. In January 2000, Ezam Noor, also
a former Anwar aide, was charged under the OSA with disclosing to
reporters secret Anti-Corruption Agency (ACA) reports. Ezam said
publicly in August 1999 that Anwar stored documents abroad that
corroborated charges of corruption against senior government leaders.
Ezam claimed that the reports showed that the ACA was not pursuing
corruption cases against senior government officials. In August Ezam
was convicted of revealing secret ACA reports to reporters and was
sentenced to 2 years in prison. In March 2000, a government official
said in Parliament that only six persons had been arrested under the
OSA since its inception in 1972, and he claimed that this statistic
proved that the Government did not use the OSA to silence critics.
In January 2000, the editor and printer of Harakah, PAS' newspaper,
were charged with sedition in connection with a 1999 Harakah article
that quoted an opposition politician's comments on the confession of
Sukma Darawaman, Anwar Ibrahim's codefendant. In May 2001, the printer
pled guilty and was fined slightly over $1,000 (4,000 ringgit). The
editor's case still was pending at year's end.
In March 2000, the Melaka state government announced that it
terminated the contracts of an undetermined number of panel doctors,
architects, lawyers, and blacklisted contractors who allegedly were
aligned with opposition parties. The state government also closed
government accounts in banks where the staff was accused of criticizing
the Government. According to opposition representatives, these
practices continued during the year. In July 2000, the Penang state
government also blacklisted contractors for their alleged involvement
in antigovernment activities, such as supporting or funding opposition
parties. Opposition parties and NGOs criticized these actions as
discriminatory, claiming that such steps were inconsistent with the
demands of a democratic society.
During 2000 many government officials, opposition figures, and
private citizens filed multimillion-dollar lawsuits for libel and
slander. In July 2000, the Federal Court upheld a judgment of over
$250,000 (1 million ringgit) against a freelance journalist who was
sued for libel by a wealthy businessman in 1994. In 2001 in an
unprecedented move, the Federal Court agreed to review this decision.
The date of this review was not set by year's end. In September 2000,
the Minister in the Prime Minister's department responsible for legal
affairs told reporters that the Government would review the defamation
law in response to public concern over libel awards which, he noted,
frequently exceeded damages handed down in personal injury cases. At
year's end, the Government continued to review the issue; however, no
results were reported. During the past 2 years there was a noticeable
decrease in the number of defamation suits.
The English and Malay mainstream press provided generally
laudatory, uncritical coverage of government officials and policies,
and usually gave only limited and selective coverage to political views
of the opposition or political rivals. Editorial opinion almost always
reflected government positions on domestic and international issues.
Chinese-language newspapers generally were freer in reporting and
commenting on sensitive political and social issues, but they were not
immune to government pressure. There was widespread concern that the
purchase in May 2001 of two major Chinese-language dailies by the
investment arm of the ruling coalition's most influential Chinese party
would restrict this freedom and transform the newspapers into
progovernment organs. These concerns were magnified when the top
management of one of the dailies was removed immediately following the
takeover. Most analysts believed that the editorial content of the two
newspapers subsequently became less independent. During the year,
several newspaper vendors were the target of official raids for selling
opposition party newspapers. However, self-censorship and biased
reporting in the print media was not uniform and the English-language,
Malay-language, and Chinese-language press all, at times, provided
balanced reporting on sensitive issues.
The Printing Presses and Publications Act limits press freedom.
Under the act, domestic and foreign publications must apply annually to
the Government for a permit. The act was amended to make the
publication of ``malicious news'' a punishable offense, to expand the
Government's power to ban or restrict publications, and to prohibit
court challenges to suspension or revocation of publication permits.
According to the Government, this amendment was made to ensure that
``distorted news'' was not disseminated to the public. Government power
over license renewal and other policies created an atmosphere that
inhibited independent or investigative journalism and resulted in
extensive self-censorship. In October Deputy Home Affairs Minister Chor
Chee Heung told Parliament that from the beginning of 2001 until
October, 1,345 publications and printing premises were inspected and
2,305 volumes of publications were confiscated under the act. During
the same period, the Home Affairs Ministry brought 199 cases to court
for selling and distributing publications without a permit. Government
officials continued to argue that the act helped to preserve harmony
and to promote peaceful coexistence in a multiracial country.
In October the Deputy Home Affairs Minister said that there were 63
newspapers in the country, including those which were imported. In
August 2001, the Deputy Home Minister said that his Ministry approved
2,141 publishing permits and 1,194 printing press licenses during the
year and that this showed that the Government had a liberal approach to
such permits. In August 2000, the Minister in the Prime Minister's
department responsible for legal affairs said that the act would not be
repealed, even if a national press council were established to regulate
the media.
The Government often conveyed 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, owned most major newspapers, thus
limiting the range of views. At times the susceptibility of the press
to government pressure had a direct and public impact on operations.
For example, in January 2000 the group editor in chief of a local press
conglomerate was removed after its flagship newspaper, the New Straits
Times, carried several articles that reportedly angered the United
Malay National Organization (UMNO), the most powerful party in the
ruling Barisan Nasional (BN) coalition. However, this individual
subsequently was appointed for a 1-year term in September 2001 as
chairman of Bernama, the national news agency.
In September the permit of the Chinese newspaper Oriental Daily
Express was suspended on the day of the paper's first issue. The Home
Affairs Ministry gave no reason for the suspension. However, in
December, the Home Affairs Ministry allowed the paper to be published
again.
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 accused the Government of
purposely prolonging the trial, the longest in the country's history.
At year's end, the trial continued (see Section 1.e.).
The Government also sometimes directly restricted the dissemination
of information that it deemed embarrassing or prejudicial to national
interests. For example, the Government continued its policy of not
allowing public disclosure of air pollution index readings.
Publications of opposition parties, social action groups, unions,
and other private groups actively covered opposition parties and
frequently printed views critical of government policies. However, the
Government retained significant influence over these publications by
requiring the annual renewal of publishing permits and limiting
circulation only to the relevant organization members. Harakah was the
target of several ruling party-sponsored libel suits. Harakah was the
only major Malay and English language media forum for opposition views,
and its circulation used to rival that of mainstream newspapers. In
March 2000, the Government stipulated that Harakah publish only twice a
month instead of twice a week. Several other opposition newsletters
were allowed to publish and be distributed without government
permission.
Most major newspapers have an online edition, and during the year,
there were two exclusively on-line newspapers. Exclusively online
newspapers did not require publication permits. In 2001 the Government
engaged in a sometimes intimidating campaign to discredit the
independent Internet daily, Malaysiakini.com, winner of an
International Press Institute 2001 Press Freedom Award. This campaign
did not continue during the year, and Malaysiakini was able to
establish itself as a core media outlet in the country. While the
Government continued to deny them formal press accreditation,
Malaysiakini reporters were allowed to cover government functions and
ministers' press conferences. Administrators of the on-line newspaper
said its principal challenge was economic rather than political, even
though the organization's relationship with the Government remained
contentious.
Printers who also must have their permits renewed annually, often
were reluctant to print publications that were critical of the
Government.
Both legal magazines (those with publishing permits) and illegal
publications (those lacking publishing permits) frequently printed
criticism of the Government. In November 2001, police raided a printing
company and seized several thousand pamphlets that accused the Selangor
state Chief Minister of being involved in corrupt practices.
During the year, the Government interfered with the release and
distribution of several foreign magazines, including the Far Eastern
Economic Review and Newsweek. Government officials, including the Prime
Minister, continued to accuse the foreign media of harboring ill
intentions toward the country and of deliberately misrepresenting the
country's political and economic environment by focusing on negative
news.
The electronic media was restricted more tightly than the print
media. Radio and television almost uniformly were supportive of the
Government. News of the opposition was restricted tightly and reported
in a biased fashion. Opposition representatives said they were unable
to have their views heard and represented on the country's television
and radio stations. In the run-up to the February Indira Kayangan by-
election, the Government-owned television networks ran a recurring
prime-time news clip that portrayed the PAS as a domestic Taliban
group. The two broadcast private television stations have close ties to
the ruling coalition and were unlikely to provide a forum for the
opposition parties. It was unlikely that the Government would grant the
opposition a broadcasting license. The Government did not approve a
longstanding license application for a state radio station in the
opposition-controlled Kelantan State.
In June the Deputy Home Affairs Minister reportedly directed the
Government-owned television networks to refrain from broadcasting a
program on the Malaysian Chinese Association's controversial
acquisition of several Chinese newspapers in 2001.
Internet television faced no such restrictions. In 2001 the
opposition Islamic party launched its own Internet television studio,
which broadcasted programs daily.
A government censorship board censored films for profanity, nudity,
sex, violence, and certain political and religious content. Television
stations censored programming in line with government guidelines. The
Government banned certain books for political and religious reasons or
because of sexual or profane content. Some foreign newspapers and
magazines were banned and, infrequently, foreign magazines or
newspapers were censored, most often for sexual content. However, the
increased prevalence of the Internet undermined such restrictions. The
Government maintained a ``blacklist'' of local and foreign performers,
politicians, and religious leaders who were not allowed to appear on
television or radio broadcasts. In 2001 the Government announced that
it would increase efforts to block the production, distribution, and
sales of video compact discs (VCDs), especially those with pornographic
or political content.
The Communications and Multimedia Act (CMA) requires certain
Internet and other network service providers to obtain a license. In
December 2000, the Government stated that it did not intend to impose
controls on Internet use, but noted that it would punish the ``misuse''
of information technology under the CMA, which, while prohibiting
censorship, provides for ``legal action'' against those who post
defamatory and false information on the Internet. During the year, the
Government did not use licensing provisions under the CMA to interfere
with Internet access or to restrict Internet content.
In past years, government officials made contradictory comments
about the desirability of censoring the Internet, but the Government
took no action to restrict the Internet during the year. According to
news reports, in March a high-level government official said that the
Government abandoned plans to regulate the Internet because the task
was impossible.
The Government generally restricted remarks or publications that
might incite racial or religious disharmony; it also attempted to
restrict the content of sermons at government-affiliated mosques. Some
state governments banned certain Muslim clergymen from delivering
sermons, and more recently, active monitoring of sermons began in
certain states (see Section 2.c.). The Religious Affairs Department
continued to conduct background checks on all clergymen. Throughout the
year, government officials and ruling coalition politicians complained
that opposition Islamic party members gave political sermons in mosques
around the country. In May 2000, members of the opposition Islamic
party were banned by the Selangor state government from giving speeches
in all mosques, government buildings, and prayer places in the state.
In July 2001, the Government ceased to issue permits for political
gatherings and continued to apply the ban during the year (see Section
2.b.). This significantly limited the ability of opposition parties,
particularly the Islamic party, to communicate with their supporters
and to raise funds for their activities. For example, meetings that
were scheduled to take place indoors were restricted. On October 1,
police blocked a meeting organized by civil society activists to
protest the Government's refusal to release the six opposition figures
detained under the ISA following the Federal Court's ruling that their
initial detentions were unlawful. The meeting was scheduled to take
place inside the Selangor Chinese Assembly Hall in Kuala Lumpur.
Nonetheless, some opposition rallies continued to be held. Also, in
July 2001, the Government began to crack down on the distribution and
sale of the opposition party's VCDs and audiocassettes.
The Government places some restrictions on academic freedom,
particularly regarding the expression of unapproved political views,
and the Government enforced restrictions on teachers and students who
expressed dissenting views. In March the Government began to require
that all civil servants sign a pledge of loyalty to the Government, and
in May it required that university faculty and students sign the same
pledge. Opposition leaders and human rights activists claimed that this
was intended to restrain political activity among civil servants,
academics, and students. Academics sometimes were publicly critical of
the Government. However, there was self-censorship among public
university academics whose career advancement and funding depended on
the Government. In August 2001, a secondary school teacher in the State
of Terengganu was charged with sedition for asking his students to
answer a test question regarding the erosion of judicial independence
in the country.
In 2001 senior government officials said that teachers who opposed
the Government and students who took part in antigovernment activities
would face disciplinary actions, including dismissal and expulsion. In
October 2001, the Education Minister announced that 61 university
lecturers were dismissed, transferred, or issued warnings for alleged
``antigovernment'' activities. In 2001 several university students were
expelled or suspended for engaging in activities associated with the
political opposition.
Private institution academics practiced self-censorship as well,
due to fear that the Government might revoke licenses for their
institutions. The law also imposes limitations on student associations
and student and faculty political activity (see Section 2.b.).
In July 2001, the Government detained two students at the
University of Malaya and the Mara Technical Institute under the ISA for
engaging in opposition political activities, including demonstrating
against the ISA. The two were released before the initial 60-day period
elapsed. The Government claimed that student participation in
opposition politics threatened national security, and argued that
individuals fortunate enough to be enrolled in the university should
focus exclusively on their studies. Opposition leaders said that
restrictions of political expression on campus would stifle students'
intellectual development.
The Government long stated that students should be apolitical and
used that assertion as a basis for denying opposition parties access to
student forums. According to student leaders, students who signed
antigovernment petitions sometimes were expelled or fined. The
Government enforced this policy selectively; however, it did not
refrain from spreading government views on political issues among
students and teachers.
In February 1999, the University of Malaya declined to renew the
contract of Professor Chandra Muzaffar. Chandra, a well-known supporter
of political reform, charged that the University fired him for
political reasons and filed suit. The university stated that it
declined to renew Chandra's contract for economic and personnel
reasons. In March the High Court ruled in Chandra's favor and awarded
him $30,000 (115,000 ringgit).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of peaceful assembly; however, the Government
placed significant restrictions on this right. This right may be
limited in the interest of security and public order, and the 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 routinely to government and ruling
coalition supporters; however, they use a more restrictive policy with
government critics, although the police did grant permits for many
opposition meetings. In July 2001, the Government ceased issuing
permits for all political meetings (ceramah) throughout the country.
This was perceived widely as an effort to target the activities of the
political opposition, although some opposition rallies continued to be
held. In April the Islamic opposition party filed a suit against the
Government protesting the ban.
Even before the 2001 ban on political meetings, opposition leaders
maintained that police issued permits for public assemblies in a manner
that discriminated against the opposition. Various state and local
police departments rebutted these allegations by providing statistics
that indicated that most requests for permits were granted; however, in
certain sensitive cases political considerations led to the denial of
permits. Police reaction to opposition rallies that ignored the
requirement for a permit or were held after the Government denied a
permit varied. In some instances, persons were told to disband
immediately or face police action. In other instances, persons were
given time to conduct their activities and were not threatened with
police action. Opposition politicians noted that ruling coalition
parties frequently assembled without the requisite permits.
A university vice chancellor must approve campus demonstrations.
Restrictions were not enforced as vigorously on students who
participated in political activities in support of the ruling
coalition.
In April police broke up an opposition event in the State of Kedah
with water cannons that used chemically laced water. In August police
broke up a gathering of supporters of former Deputy Prime Minister
Anwar Ibrahim who were celebrating Anwar's birthday outside of Sungai
Buloh prison. In April 2001, the police mounted an operation to prevent
citizens from participating in a Kuala Lumpur demonstration called by
the opposition to commemorate the 2-year anniversary of Anwar Ibrahim's
1999 conviction on corruption charges. In the days prior to the event,
police detained seven opposition activists under the ISA and claimed
they were planning a massive, violent demonstration to overthrow the
Government. Three others were detained in the days after the
demonstration. Of these 10 individuals, 6 remained under ISA detention
at year's end.
In June Suhakam released its second annual report, which reiterated
the Commission's earlier criticism of government-imposed restrictions
on freedom of assembly. The 2001 report recommended relaxing
restrictions on freedom of assembly and noted the need to approve
applications for peaceful assemblies as a general rule. In August 2001,
the Suhakam also released a report specifically addressing freedom of
assembly. Highlighting the fact that the right of assembly is provided
for in the Constitution, the report recommended easing police permits
for gatherings, setting up a special ``speaker's corner,'' and
reviewing laws that restrict the right to free assembly. The Government
responded by calling the report ``biased and idealistic'' and
influenced by ``western liberal thinking.''
The Constitution provides for the right of association; however,
the Government placed significant restrictions on this right and
certain statutes limited this right. Under the Societies Act, only
registered, approved organizations of seven or more persons may
function as societies. The Government sometimes refuses to register
organizations or may impose conditions when allowing a society to
register.
To avoid the burdensome requirements of the Societies Act, many
NGOs register under the Companies Act or under the Registration of
Businesses Act (see Section 4). The Government 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 that it has enforced selectively
against political opposition groups. In July 2001, government officials
said that the Government would prosecute or deregister societies that
did not accurately declare whether they received foreign funds. In the
same month, Parliament amended the Registration of Businesses Act to
enable the Registrar to revoke or refuse the registration of
organizations deemed to be engaging in unlawful activities or for
purposes that were incompatible with national security. Some human
rights activists claimed that this could be used to restrict NGOs that
were critical of the Government. 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 may cancel the registration of an existing
company and disband it on the same grounds. Opposition parties and NGO
activists claimed 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.
In August 2000, the High Court heard an appeal from the Socialist
Party of Malaysia, whose application to form a new political party was
rejected in February 1999 by the Registrar of Societies. The Registrar
stated that information on the application form was incomplete.
Supporters of the Socialist Party claimed that the denial was motivated
politically and filed an appeal. The case still was pending at year's
end.
The Universities and the University Colleges Act also restricts
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. Many students,
NGOs, 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 that the act still was necessary.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the Government placed some restrictions on this
right. Islam is the official religion; however, the practice of Islamic
beliefs other than Sunni Islam was restricted significantly. Religious
minorities, which include large Buddhist, Christian, Hindu, and Sikh
communities, generally worshipped 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 (Shari'a) on Muslims only in some matters and it does not
impose Shari'a 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.
The Registrar of Societies, under the Ministry of Home Affairs,
registers religious organizations. Registration enables organizations
to receive government grants and other benefits. In May 2001, the
Government decided not to approve the Falun Gong Preparatory
Committee's application to register as a legal organization, but this
did not effect the Falun Gong's ability to carry out activities in
public.
Under the law and in practice, it is very difficult for Muslims to
change religions. In April 2001, a High Court judge rejected the
application of a Malay woman who argued that she converted to
Christianity, and requested that the term ``Islam'' be removed from her
identity card. The judge ruled that an ethnic Malay is defined by the
Federal Constitution as a ``person who professes the religion of
Islam.'' The judge also reaffirmed the March 1999 High Court ruling and
stated that only an Islamic court has jurisdiction to rule on the
woman's supposed renunciation of Islam and conversion to Christianity.
The ruling makes conversion of Muslims nearly impossible in practice.
In 2000 the State of Perlis enacted a law that stipulated Muslims
found guilty of apostasy by a Shari'a court are to be sent to ``faith
rehabilitation centers.'' Since its enactment, there have been no
convictions under this law. Such a bill also was proposed at the
highest level of the Government. Leaders of PAS said that the penalty
for apostasy should be death.
The Government generally respected non-Muslims' right of worship;
however, state governments carefully controlled the building of non-
Muslim places of worship and the allocation of land for non-Muslim
cemeteries. Approvals for such permits sometimes were granted very
slowly. In 1999 the Malaysian Consultative Council of Buddhism,
Christianity, Hinduism, and Sikhism (MCCBCHS) protested the planned
implementation of Ministry of Housing and local government guidelines
governing non-Muslim places of worship. 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. In August 2000, these minimum guidelines were
relaxed somewhat. The group also argued that, under the guidelines, the
Islamic Council of the state in question must approve the establishment
of all non-Muslim places of worship. In addition, after years of
complaints by non-Islamic religious organizations about the need for
Islamic authorities in each state to approve construction of non-
Islamic religious institutions, the Minister of Housing and Local
government announced that such approval no longer would be required.
However, it was unclear whether this change generally would be
reflected in state policies and local decisions. For example, in Shah
Alam, the Selangor state authorities continued to block construction of
a Catholic church.
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 ``inter-religious'' council, although no such council
was created. During the year, Suhakam initiated an inter-religious
dialog to improve understanding among different religious groups.
Leaders of a number of different faiths, including Islam, Christianity,
and Buddhism participated.
The proselytizing of Muslims by members of other religions is
prohibited strictly; persons proselytizing non-Muslims face no
obstacles. The Government discouraged, and in practical terms forbade,
the circulation in the peninsular region of the country 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 did not
always enforce them actively. The distribution of Malay-language
Christian materials faced few restrictions in the eastern part of the
country. Most visas for foreign Christian clergy were approved.
Beginning in March 2000, non-Muslim representatives sat on the
immigration committee that approves such visa requests.
The Government opposes what it considers to be deviant
interpretations of Islam, maintaining that the ``deviant'' groups'
extreme views endanger national security. In the past, the Government
imposed restrictions on certain Islamic groups, primarily the small
number of Shi'a. The Government continues to monitor the activities of
the Shi'a minority, including those of 55 religious groups believed to
be involved in deviant Islamic teachings. In November 2000, the Shari'a
high court in the State of Kelantan sentenced four persons to 3 years
in jail for disregarding a lower court order to ``recant'' their
allegedly heretical Islamic beliefs and to ``return to the true
teachings of Islam.'' The High Court rejected their argument that
Shari'a law had no jurisdiction over them because they had ceased to be
Muslims. In August the Court of Appeals reaffirmed the High Court
ruling. The four individuals subsequently have filed an appeal with the
Federal Court.
The Government periodically detains 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. For example, in July 2000, the Government used the ISA
to detain at least 33 members of the Al-Ma'unah sect, who reportedly
were not suspected of involvement in an early July arms theft incident.
Fifteen members remained under ISA detention at year's end.
The Government generally restricted remarks or publications that
might incite racial or religious disharmony. This included some
statements and publications critical of particular religions,
especially Islam. The Government also restricted the content of sermons
at mosques. The Government periodically warned against those who
delivered sermons in mosques for ``political ends'' and, occasionally,
state governments banned certain Muslim clergymen from delivering
sermons at mosques (see Section 2.a.). In November Kedah Chief Minister
Syed Razak Zain announced that the Government planned to install voice
recording equipment in all mosques in the northern State of Kedah in
order to monitor immans who were suspected of straying from their
religious texts and criticizing the Government. In October 2000, the
Chief Minister of Kelantan, who is also the spiritual adviser for the
opposition Islamic party PAS, was banned from speaking at a mosque in
Selangor. The Chief Minister spoke despite the ban and vowed that he
would continue to speak wherever he was invited. He was warned of
prosecution if he defied the ban again. The mosque officers who
allegedly allowed him to speak were not prosecuted, but they were
required to attend a counseling session.
For Muslim children, religious education according to a government-
approved curriculum is compulsory. There were no restrictions on home
instruction.
In 2000 the Government announced that all Muslim civil servants
must attend religious classes, but only classes in Islam would be held.
In addition, only teachers approved by the Government would be employed
to conduct these classes. During the year, the Government implemented
this rule for civil servants.
In family and religious matters, all Muslims are subject to Shari'a
law. In 2001 the PAS-led government of Terengganu State passed the
Shari'a Criminal Offence Bill (see Section 5). The bill sought to
impose Islamic law against theft, robbery, illicit sex, drinking
alcohol, and the renunciation of Islam. However, a suit arguing that
state governments have no authority to make criminal law was filed in
the Federal Court to block the implementation of a similar law in the
neighboring State of Kelantan. Both cases were pending at year's end.
According to some women's rights activists, women were subject to
discriminatory interpretations of Shari'a law and inconsistent
application of the law from state to state.
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 (see Section 5).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 eastern states of
Sabah and Sarawak have the right to control immigration and to require
citizens from peninsular 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 were bound by the
federal Constitution in all matters. Thus, the court voided Sabah's
expulsion of an attorney from peninsular Malaysia who was involved in
several lawsuits against the state government. In May the Federal Court
overturned the Appeals Court decision and ruled that Sabah's exclusive
control on immigration was provided for in the Constitution and could
not be challenged. In June the Sabah State Immigration Department gave
the attorney a work permit enabling him to stay and work in Sabah. In
2001 the Government reportedly prohibited 78 citizens from traveling
abroad claiming that they had ``tarnished the country's image while
abroad.'' Deputy Home Minister Datuk Zainal Abidin Zin told Parliament
that the individuals in question were ``blacklisted'' and would not be
issued passports. Also in 2001, the Sarawak state authorities deported
a well-known ethnic Chinese education activist and prohibited his
return. The Government regulated the internal movement of provisionally
released ISA detainees. The Government also used the Restricted
Residence Act to limit movements of those suspected of some criminal
activities (see Section 1.d.).
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 or its 1967 Protocol, and the Government does
not always abide by customary international law in this area. The
Government does not recognize the principle of first asylum; however,
it sometimes granted temporary refuge to asylum seekers. In 2001
Foreign Minister Datuk Seri Syed Hamid Albar said that Indonesian
refugees fleeing violence in Kalimantan would be prevented from
entering the country, and the Government continued to refuse to
acknowledge that any Indonesian illegal aliens, including Acehnese, had
a claim to refugee status. However, the Government enjoyed a mostly
cooperative relationship with the UNHCR and generally did not obstruct
the UNHCR's efforts to process refugees, including Acehnese, for third-
country resettlement.
Beginning on August 1, when the new immigration law went into
effect, the Government temporarily restricted access for asylum seekers
and refugees to the UNHCR field office in Kuala Lumpur. (The new
immigration law provides for 6 months in prison and up to six strokes
of the cane for violators. Prior to the implementation of the law, a 4-
month grace period was given for all illegal immigrants to depart the
country.) During the approximately 1 week that access to UNHCR was
restricted, police arrested over 100 individuals in front of the UNHCR
offices. Some individuals may have been refugees and others reportedly
were asylum seekers who had scheduled interviews with the refugee
agency. However, the Government subsequently granted UNHCR officials
access to detention camps to identify and to interview potential
refugees who might have been caught in the dragnet for illegal
immigrants. The Government reportedly assured UNHCR that no action
against possible refugees and asylum seekers would be taken until the
refugee agency had identified the ones that merited asylum interviews
(see Section 1.c.).
According to news reports, three Filipino children died during
deportation from Sabah. In September there were allegations that police
raped a 13-year-old Filipino girl in an immigrant detention camp in
Sabah. Following widespread media coverage and pressure from the
Government of the Philippines, Prime Minister Mahathir publicly pledged
to have the allegations investigated. Further investigation after the
girl was deported to the Philippines revealed that she was a Malaysian
citizen, and she subsequently returned to Sabah. No additional
information was available at year's end.
In June police arrested 18 Muslim Rohingya asylum seekers whose
encampment in the UNHCR compound prevented other asylum seekers from
approaching the agency. Newspapers reported they were sent to Semenyih
illegal immigrants' detention camp in Selangor for deportation to Burma
after their requests for refugee status were denied by the UNHCR (see
Section 1.d.).
There were some forced expulsions of asylum seekers and refugees
during the year.
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 were recorded
accurately, there were some irregularities that affected the fairness
of elections, and in practice opposition parties were unable to compete
on equal terms with the governing coalition (which has held power at
the national level since 1957) because of significant restrictions on
campaigning, freedom of assembly, freedom of association, and access to
the media. Nevertheless, opposition candidates campaigned actively,
with some success in state and national elections. For example, a
number of opposition parties contested in the state election in Sarawak
in 2001 and in five by-elections that were held during the year. In
July the opposition retained a seat in the Kedah state assembly but
lost a Parliamentary seat in a tightly contested election. In the
November 1999 elections, the opposition more than doubled the number of
its seats in the national parliament from 20 to 45, out of a total of
193.
The country 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 UMNO party
dominates the ruling National Front coalition, which has ruled the
country continuously since independence. Since 1969 the National Front
coalition always has maintained at least 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 and in the Prime Minister.
The lack of equal access to the media was the most serious problem
encountered by the opposition in the November 1999 elections (see
Section 2.a.). Government officials frankly said 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- and
Malay-language newspapers carried biased coverage of domestic politics
as well. 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 claimed 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 is perceived to be under the control of the Government.
In June 1999, 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. The Election
Commission stated that the NGOs were permitted to form an independent
election watch organization, but the organization was accorded no
special privileges. The Government continued to publicly reject the
idea of foreign observers.
Opposition complaints of irregularities by election officials and
allegations of other election fraud during the 1999 campaign were not
substantiated during the year, and according to most observers, there
was no evidence that the conduct of election officers significantly
affected the results of the 1999 elections. Opposition leaders
complained that in the past local government officials who served as
election officers were not always neutral. The Election Commission
later announced that it completed its investigation into these
complaints, but it did not reveal its findings. In the most recent
elections, the Government did not permit international monitoring or
adequately allow for domestic NGO monitoring efforts.
Opposition parties and some NGOs alleged that defective voting
rolls led to some fraudulent votes. In Sabah state elections in 1999,
opposition leaders accused the ruling coalition of employing
``phantom'' voters (illegal aliens and other fraudulently documented
voters). In June 2001, a High Court judge in Sabah ruled that the 1999
election of a ruling coalition candidate, Yong Teck Lee, to the state
assembly seat in Likas was null and void due to the presence of phantom
voters on the electoral rolls. However, in the by-election that
followed, Yong won by a margin wider than that in his 1999 victory.
Opposition representatives charged that the Government did nothing to
clean the electoral rolls of phantom voters following the judge's
ruling and before the by-election was held. In September Yong lost his
appeal to the Federal Court on this case, and once again was forced to
relinquish his seat. Analysis by NGOs of the voting rolls used in the
national elections also revealed irregularities, such as deceased
persons on the rolls, multiple voters registered under single identity
card numbers, and other anomalies; however, according to most
observers, there was no evidence that these irregularities
significantly affected the results in more than a handful of races.
According to news reports, the Election Commission is in the process of
cleaning up the voter rolls and eliminating the names of unauthorized
persons from the lists.
Postal votes (absentee ballots) by police and military personnel
and their spouses also were a concern. The Government, citing security
concerns, did not allow party agents to monitor postal vote boxes
placed on military and police installations. Opposition parties
questioned the rationale for such security restrictions. Opposition
parties and NGOs 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 the eye of commanding
officers. For the November 1999 elections, the Election Commission
changed some procedures to allow better monitoring by Election
Commission officers. Opposition parties continued to call for
monitoring absentee votes by party agents.
The anonymity of balloting also was a potential concern. Ballots
were marked with a serial number that could be matched against a
voter's name. While there was no evidence that the Government ever
traced individual votes, some opposition leaders alleged that the
potential to do so had a chilling effect on some voters, particularly
civil servants.
Gerrymandering diluted the votes of some citizens. The Constitution
states that parliamentary constituencies should have approximately
equal numbers of eligible voters, although the same section states that
greater weight should be given to rural constituencies. In practice
these guidelines often were 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. The single member, winner-take-all system also
diminishes the political power of the minority groups. Because of the
changing dynamics of ethnic politics, ethnic gerrymandering of
parliamentary constituencies, used against the opposition in the past,
is believed no longer to be as great an advantage to the ruling
coalition. The Government conducted a nationwide electoral
redistricting exercise during the year. While the results were not
final, preliminary reports suggested that states in which the ruling
coalition is strong will gain the majority of the new districts (and
parliamentary and state assembly seats) created.
Other government measures hampered the opposition's ability to
compete with the incumbent ruling coalition. For example, the
Government on several occasions issued public warnings to civil
servants, including teachers not to support the opposition (see Section
2.a.). Students faced certain restrictions on political activity (see
Sections 2.a. and 2.b.). Government leaders routinely and openly
threatened to suspend the allocation of federal funds beyond the
constitutionally mandated minimum to constituencies that elected
opposition representatives. Ruling coalition Members of Parliament
received a government allocation totaling in aggregate approximately
$25 million (95 million ringgit). Opposition Members of Parliament
received no such funds.
In the past, the opposition complained about restrictions on public
assemblies during the campaign period (see Section 2.b.). However, in
the period prior to the November 1999 elections, police did not
implement restrictions vigorously, and the opposition held many large
rallies. The opposition also stated that the short official campaign
period gave an advantage to the incumbent ruling coalition. However, de
facto campaigning began long before the elections, and there was little
evidence that the short official campaign period had much practical
effect. In defending its ban on all political meetings, the Government
noted that there was no need for the opposition to continue campaigning
in a nonelection year.
In September Parliament passed an amendment to the Election
Offenses Act that stated that anyone raising ``sensitive issues'' such
as religion or race before, during, or after an election would be
removed from the electoral roles or banned from voting or standing in
an election for 5 years. It also prescribed a prison sentence of up to
5 years and a $13,000 (50,000 ringgit) fine for violators of the law.
Under the electoral law, unsuccessful candidates may appeal
election results to special election courts in instances of alleged
fraud, vote tampering, or other infractions of electoral rules.
According to the Elections Commission, all petitions were either
withdrawn by the petitioners or were dismissed due to lack of evidence.
In March 2000, the High Court ruled that the Election Commission and
returning officers may not be named as ``necessary parties'' in
petitions filed with election courts by unsuccessful candidates. In
July Parliament passed an amendment to the electoral law that forbids
judicial scrutiny of voter rolls after the Election Commission
certified them.
In the past, within the ruling UMNO party, there was 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. However, after
the removal of Deputy Prime Minister Anwar in 1998, intolerance of
dissent within UMNO increased, and a 1998 extraordinary UMNO Assembly
approved a series of measures designed to limit independent grassroots
initiatives. There were no contests for the top two leadership
positions in UMNO in 2000 and no party Supreme Council elections during
the year. At the UMNO General Assembly in May 2000, 3 vice president
slots and 25 elected seats on the Supreme Council were contested
vigorously, with a number of candidates known not to be favored by
party leaders; however, it was announced before the General Assembly
that there would be no contest for the Party President and Deputy
President, positions held respectively by Prime Minister Mahathir and
Deputy Prime Minister Abdullah.
Elections for key leadership positions in the MCA, originally
scheduled for June, were postponed until after the next parliamentary
elections. Some observers suggested that the vote was postponed to
ensure that deep divisions within the party did not undermine the
ruling coalition's electoral prospects.
Over the years, Parliament's function as a deliberative body
deteriorated. Legislation proposed by the Government rarely was amended
or rejected. Legislation proposed by the opposition never was given
serious consideration. Opposition opportunities to hold legislation up
to public scrutiny have diminished. In December 2001, a Member of
Parliament from the opposition Democratic Action Party was suspended
without pay for 6 months after publicly criticizing the parliamentary
Speaker for disallowing discussion concerning corruption in the process
of certifying lawyers. The 1995 Parliament amended its rules to
strengthen the power of the Speaker and to curb parliamentary
procedures heavily used by the opposition. The amendments empowered the
Speaker to ban members he considered unruly 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 members' opportunities to question and debate government
policies even more severely. In 2001 an amendment to the parliamentary
Standing Orders permitted the Speaker to edit written copies of
members' speeches before the speeches were delivered. Nonetheless,
government officials often faced sharp questioning in Parliament,
although this was not always reported in detail in the mainstream
press. State assemblies also limited debate.
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 advocated the reintroduction of local government elections.
Even some ruling party municipal officials noted that local bodies were
simply ``rubber stamps'' for the Government.
Women face no legal limits on participation in government and
politics, and the Government proposed a ``plan of action for the
advancement of women'' to redress inequalities that do exist. At year's
end, 3 of 28 cabinet ministers were women. Women held 20 of 193 seats
in the elected lower house of Parliament, and they held 19 of 69 seats
in the appointed upper house. In 2001 the Prime Minister established
the Ministry of Women's Affairs and Family Development, and appointed a
prominent female politician as its first Minister. In 2000 Tan Sri
Doctor Zeti assumed the post of Central Bank Governor as the first
woman to be appointed to the post. Also in December 2000, Ainum Mohamed
Saaid was appointed as the Attorney General, the first woman to hold
that position. Originally appointed for a 2-year term beginning in
January 2001, Ainum, citing ill health, was replaced at the end of
2001. In 1998 the Minister of National Unity and Social Development
said that the country would not achieve its goal of 30 percent female
representation in the Government by 2005. The Minister said that the
1998 rate of participation (defined as the percentage of female
representatives in Parliament and in state assemblies) was between 6
and 7 percent. The Islamic opposition party does not allow female
candidates to stand as candidates for the lower house; however, the
party has a female senator. 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. The political
dominance of the Malay majority means in practice that ethnic Malays
held the most powerful senior leadership positions. Non-Malays filled 9
of the 28 cabinet posts and 15 of 28 deputy minister positions. An
ethnic Chinese leader of a component party of the ruling coalition held
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 NGOs, including the Bar Council and other public
interest groups, devoted considerable attention to human rights. The
Government generally tolerated their activities but often did not
respond to their inquiries or press statements. However, government
officials met with NGOs on several occasions during the year.
Government officials harshly criticized domestic NGOs for collaborating
with foreigners, including international human rights organizations.
Nonetheless, at year's end, no group was banned or decertified. In the
past, public apathy and racial divisions (non-Malays dominated most
domestic human rights NGOs) limited the effectiveness of NGOs. However,
public discontent over the 1998 removal and subsequent imprisonment of
Deputy Prime Minister Anwar encouraged some NGOs to speak out against
the Government, and it led to the increased involvement of ethnic
Malays in NGO activity.
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 (see
Section 2.b.). In 2001 Parliament amended the Registration of
Businesses Act to enable the Registrar to refuse or to revoke the
registration of organizations deemed to be engaging in unlawful
activities. The Government generally did not allow international human
rights organizations to form domestic branches; however, it usually did
not restrict access by representatives of international human rights
organizations. The Government did not allow Amnesty International (AI)
to set up a branch as an NGO. However, AI incorporated itself as a
business, and it was able to function much like an NGO. In recent
years, the Government did not revoke the registration of any human
rights NGO.
Since its establishment in April 2000, the National Human Rights
Commission, Suhakam, has come to be seen by some analysts as a credible
monitor of the human rights situation in the country and a check on
police activities that previously lacked oversight. However, civil
society leaders expressed skepticism regarding the strong civil-service
orientation of the majority of the new commissioners appointed in
April, saying that the Commission would adopt a ``progovernment''
perspective as a result. To register its concern, a group of leading
human rights NGOs formally disengaged from the Commission for a period
of 100 days.
The legislation that created Suhakam defines human rights as ``the
fundamental liberties provided for'' in the Constitution and restricts
the application of the Universal Declaration of Human Rights to those
provisions consistent with the Constitution. In 1999 prior to Suhakam's
creation, opposition leaders and NGOs, including the Bar Council,
criticized the definition of human rights as too narrow. Further,
Suhakam is not empowered to inquire into allegations relating to
ongoing court cases and must cease its inquiry if an allegation under
investigation becomes the subject matter of a court case.
In June Suhakam released its second annual human rights report. The
report criticized detentions without trial and reiterated Suhakam's
opposition to government-imposed restrictions on freedom of assembly
but also praised the August 2001 Constitutional amendment prohibiting
discrimination based on gender. The report provoked little public
response and an ambivalent reaction among civil society groups.
During the year, Suhakam Commissioners continued to travel
throughout the country to educate community leaders, including police
officials, on the purposes of the Commission and the importance of
human rights. Commissioners also made several visits to prisons
throughout the country to monitor conditions. Suhakam issued press
statements and held press conferences after several of their visits. In
its second annual report, Suhakam published its findings regarding the
rights of ISA detainees, the rights of remand prisoners, and the rights
of young prisoners. In August the Vice Chairman of Suhakam provoked
controversy among human rights groups when he said publicly that the
Government should organize rehabilitation programs for ISA detainees.
In June Suhakam also held an inquiry into the condition of ISA
detainees. The report on this inquiry has not been made public yet.
While initially skeptical, some observers acknowledged Suhakam as
one of the few institutions in society with any ability to challenge,
however distantly, executive control. However, following former
Chairman Musa Hitam's October 2001 statement that human rights would
need to take a back seat in the fight against terrorism, the Commission
has assumed a lower profile in carrying out its mission and has not
often publicly challenged the Government on sensitive subjects. The new
Chairman of the Commission, former Attorney General Abu Talib, appeared
to favor a low-key, behind-the-scenes approach to promoting human
rights.
Section 5. Discrimination Based on Race, Sex, 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. In 2001 the Parliament unanimously approved
a Constitutional amendment barring discrimination on the basis of sex.
However, discrimination based on some of these factors persisted. For
example, government policies gave preferences to ethnic Malays in
housing, home ownership, the awarding of government contracts,
educational scholarships, and other areas. Neither the Constitution nor
other laws explicitly prohibited discrimination based on physical or
mental disabilities, but the Government promoted greater public
acceptance and integration of persons with disabilities.
Women.--Violence against women remained a problem. Spousal abuse
drew considerable government, NGO, and press attention. According to
the Family and Women Development Ministry, there were 3,107 cases of
domestic violence reported in 2001, compared to 3,468 in 2000.
The Domestic Violence Act addresses violence against women in the
home. However, women's groups criticized the act as inadequate and
called for amendments to strengthen it. In their view, the act fails to
protect women in immediate danger by requiring separate reports of
abuse to be filed with both the Welfare Department and the police,
causing delay in the issuance of a restraining order against the
perpetrator. Women's rights activists also highlighted the fact that
because the act is a part of the Penal Code, legal protection for
victims is limited to cases in which visible evidence of physical
injury is present, despite its interpretation to include sexual and
psychological abuse.
Although the Government, NGOs, and political parties established
shelters and offered other assistance to battered spouses, activists
asserted that support mechanisms for victims of domestic violence
remained inadequate. Police responses and sensitivity to complaints of
domestic violence improved, but women's rights activists claimed that
the police need additional training in handling domestic abuse as well
as rape cases.
Domestic violence complaints are rare under Islamic law. Some
Shari'a experts have urged Muslim women to become more aware of the
provisions of Shari'a that prohibit spousal abuse and provide for
divorces on grounds of physical cruelty. Nonetheless, Shari'a generally
(each state has a separate code) prohibits wives from disobeying the
lawful orders of their husbands. These provisions often present an
obstacle to women pursuing claims, including charges of abuse, in
Shari'a courts against their husbands, although Muslim women are able
to file complaints in the civil courts.
Spousal rape is not a crime. Theoretically a man who raped his wife
could face charges of assault; however, women's rights activists
claimed that no man has been convicted under such circumstances.
Reports of rape were common in the press and among women's rights
groups and NGOs. According to Royal Malaysian police statistics, as of
August there were 984 reported cases of rape during the year. In 1999 a
women's NGO issued a report that stated that the incidence of rape had
increased 48 percent in the 5-year period from 1993 to 1998; more than
50 percent of all rape victims were under age 16. Many government
hospitals have set up crisis centers where victims of rape and domestic
abuse can make reports without going to a police station. The NGOs and
political parties also cooperate in providing counseling for rape
victims. However, cultural attitudes and a perceived lack of sympathy
from the largely male police force lead many victims not to report
rapes. According to the Ministry of Women and Family Development and a
leading woman's NGO, only 10 percent of rape cases are reported to the
police. In a 2000 study involving 417 court files from 7 state capitals
and Kuala Lumpur, even when alleged rape was reported, only 1 in 5
cases was heard in court, and only 1 percent of the reported cases
resulted in a rape conviction. The Penal Code states that a convicted
rapist shall be punished with imprisonment for a term not less than 5
years and not more than 20 years. Some rapists received heavy
punishments, including caning, but women's groups complained that some
rapists received inadequate punishments. In September a police
constable was acquitted of charges of raping two foreign women who were
in police custody. The Session Court ruled that the acts had been
consensual. Following sharp public criticism of the verdict, the
Attorney General's office filed an appeal, which was still pending at
year's end.
In July the PAS-controlled Terengganu state assembly passed the
Shari'a Criminal Offenses Bill (see Section 2.c.). The Government, led
by Women and Family Development Minister Sharizat Abdul Jalil, argued
that the proposed law discriminates against women, especially in regard
to rape cases. Under the new state law, conviction for rape would
require four Muslim male eyewitnesses of good standing to testify if
adequate physical evidence was lacking. Women or non-Muslims would be
barred from testifying. An amendment to an earlier version of the law
provides for rape convictions (with lesser penalties) even if four male
eyewitnesses could not be produced, in the event that circumstantial
evidence was deemed sufficient. Illicit sex is still punishable with
death by stoning if the man or woman is married. For unmarried
offenders, the punishment is 100 lashes and 1 year in prison. One
prominent NGO critic of the law said that it was contrary to Islamic
teachings, as the provision requiring four male witnesses originally
was intended to protect women from false accusations of illicit sex and
not as an additional burden of proof for rape victims. However, this
law remained in limbo at year's end, as its implementation required an
amendment to the Federal Constitution. The suit filed at the Federal
Court challenging a similar proposed law in the State of Kelantan on
the constitutional grounds that states have no authority over criminal
law was pending at year's end.
According to a well known activist, some girls in provincial areas
are subject to varying forms of female genital mutilation (FGM). Some
Malay girls receive a tiny ritual cut to the clitoris or participate in
a ceremony where a blade is brought close to the clitoris. Almost all
Malay women, including Muslim women activists, do not believe that this
constitutes mutilation.
A 1998 International Labor Organization (ILO) study estimated that
there were approximately 40,000 to 140,000 prostitutes in the country.
The Government strongly disputed this estimate, and the police stated
that they would investigate NGOs that might have provided the
information that formed the basis of the study. Since prostitution
itself is not illegal, statistics are only available for foreigners
arrested for immigration or other offenses with suspected involvement
in prostitution. The number of foreign persons arrested with suspected
involvement in prostitution increased during the year. Police
attributed the increase to more vigorous enforcement efforts. Police
also believed that the increasing number of arrests was a result of
greater numbers of women trafficked to the country from ASEAN
countries, China, and Uzbekistan (see Section 6.f.).
The country was a source and destination country for trafficking in
women for purposes of prostitution (see Section 6.f.).
In 1999 the Ministry of Human Resources issued a Code of Practice
on the Prevention and Eradication of Sexual Harassment in the
Workplace. Women's groups noted the code's detailed definition of
sexual harassment and attempted to raise public awareness of the
problem, but they criticized the fact that adherence to the code is
voluntary and not legally binding. Women's rights activists claimed
that a law on sexual harassment would be more effective than a code of
practice. In the first year following the issuance of the code, the
Human Resources Minister advocated voluntary compliance by employers
and advised unions to incorporate policies against sexual harassment
into their collective labor agreements. The Malaysian Employers
Federation criticized any attempt to legislate against sexual
harassment in the workplace, arguing that government-imposed policies
would unduly restrict the management of labor relations.
Since the code's introduction, the number of reported incidents of
sexual harassment has risen. The number of cases reported to the Labor
Department in 2000 was 61, more than double the 29 cases reported in
1999. However, the Human Resources Ministry acknowledged in 2000 that
shame and embarrassment often prevented women from reporting sexual
harassment. There still are many cultural obstacles to women who try to
pursue sexual harassment charges.
Despite increased public awareness of the problem of sexual
harassment in the workplace, in 2000 the Government acknowledged that
the reluctance of employers to adopt the code may force it to enact
additional legislation regarding sexual harassment. In 2001 the Human
Resources Minister announced the creation of a special monitoring unit
in the Labor Department to monitor and investigate discriminatory
practices, including sexual harassment, against women in the workplace.
According to Women and Family Development Minister Shahrizat, by
September 2001 only 1 percent of registered companies in the country
had adopted the code. Shahrizat also said in September that her
Ministry would conduct a review of the code's effectiveness in March
2002. Despite the 2001 approval of a constitutional amendment banning
discrimination based on sex, women continued to be the victims of legal
discrimination.
In matters of income tax, government pension benefits, and
transmission of citizenship, women were disadvantaged. The cultural and
religious traditions of the major ethnic groups also heavily influenced
the condition of women in society. In family and religious matters,
Muslim women are subject to Shari'a, which is not interpreted uniformly
among the country's 13 states. Polygyny is allowed and practiced to a
limited degree. Islamic inheritance law varies by state, but it
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 Shari'a that allow for
divorce without the husband's consent, while small, is increasing
steadily.
A 2001 constitutional amendment rendered gender discrimination in
immigration policy illegal. Prior to the change, foreign spouses of
male citizens and female citizens were treated differently under the
law. Male citizens faced fewer legal and administrative obstacles to
obtaining permanent residency status for their foreign wives than did
female citizens with foreign husbands. While the change allowed some
foreign men to acquire permanent residence, the new regulations do not
apply to foreign laborers who marry female citizens. In addition,
foreign women who become estranged or divorced from their citizen
husbands would no longer face deportation. These women would be
eligible for 12-month social visit passes, and they would be able to
apply for permanent residency.
Women's rights advocates asserted that women still face
discriminatory treatment in Islamic courts due to prejudicial
interpretation of Islamic family law and the lack of uniformity in the
implementation of family laws among the various states. In July the
Sultan of Selangor, who is also head of the Islamic religion in the
state, acknowledged the bias against women of Shari'a court judges. An
April 1999 press report described complaints by NGOs and women's groups
of rude and insensitive treatment by staff and officers of Islamic
courts. Women activists asserted that these problems continued.
Muslim couples are required to take premarital courses. In previous
years, female activists complained that the courses, as implemented,
perpetuated gender discrimination by misinforming women of their rights
in marriage. However, there were no reports during the year of such
misinformation regarding marriage rights.
State governments in Kelantan and Terrengganu, which are controlled
by the Islamic opposition party, made efforts to restrict Muslim
women's dress. Between January and May, a local council in Kelantan
fined 120 Muslim women for failing to adhere to the dress code while at
work. In 2000 the Terrengganu state government introduced a dress code
for government employees and workers on business premises.
Terrengganu's executive counselor in charge of women's and non-Muslim's
affairs claimed that the dress code was designed to protect the image
of Muslim women and to promote Islam as a way of life. One Muslim
women's NGO criticized the new requirement, stating that forced
compliance with a state-mandated dress code is not consistent with the
values of the Koran.
Non-Muslim women are subject to civil (secular) law. Changes in the
Civil Marriage and Divorce Act increased the protection of married
women's rights, especially those married under customary rites. The
Guardianship of Women and Infants Act was amended in 1999 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 September Parliament approved an amendment to the Group
Settlement Act that gives wives of settlers joint stake in the land
awarded to their husbands.
In 2001 the Prime Minister established a cabinet post for Women's
Affairs and Family Development. Shahrizat Abdul Jalil heads the new
ministry and is credited with leading the successful effort to amend
the federal Constitution to prohibit sex discrimination and launch a
public campaign in August 2001 against violence in the home.
Government policy supports women's rights, and the Government
undertook a number of initiatives to promote equality for women. The
Government also promotes the full and equal participation of women in
education and the work force. Women are represented in growing numbers
in professional positions, but women's groups argued that the level of
participation was still disproportionately low. However, in the
scientific and medical fields, women made up more than half of all
university graduates and the total representation of women at
universities increased from 29 percent in 1970 to over 50 percent of
the student population in recent years. According to statistics
released in the Government's Economic Report 2000-01, women constituted
44 percent of the labor force. The proportion of women in the civil
service rose from approximately 33 percent in 1990 to approximately 44
percent in 2001, and women occupied some high-ranking civil service
positions. According to the national union of bank employees, 65
percent of members were women, but only one out of eight principal
banking officials was a woman.
Children.--The Government has demonstrated a commitment to
children's rights and welfare; it spends approximately 20 percent of
the national budget on education. The Government provides free
education for children through 15 years of age. Although primary
education is deemed compulsory by the Government, there is no legal
requirement or enforcement mechanism governing school attendance.
Actual attendance at primary school is 96 percent. Secondary school
attendance is 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 August the Child Act of 2001 went into force. The act
incorporates the principles of the U.N. Convention of the Rights of the
Child. The act stipulates more severe punishments for child abuse,
molestation, neglect, and abandonment. It also mandates the formation
of a children's court, which, the Government stated, would better
protect the interests of children. The bill allows caning, but this
punishment is limited to male children between the ages of 10 and 18
years, who may receive a maximum of 10 strokes with a ``light cane.''
As the new act went into force, three other laws governing child
prostitution, child abuse, and delinquency--the Women and Girls
Protection Act, the Juvenile Courts Act, and the Child Protection Act--
were repealed.
The Government recognized that sexual exploitation of children and
incest were problems. Incest in particular was a problem in rural
areas. Child abuse received wide coverage in the press. A July
amendment to the Penal Code provides 6 to 20 years' imprisonment and
caning for individuals convicted of incest. However, 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 recommended that the Evidence Act be amended to accept the
testimony of children and that courts implement special procedures to
hear the testimony of children. In 2001 a women's NGO began promoting
an education package about child sexual abuse. The package of booklets,
videos, and discussion topics were designed for use in primary schools.
Forty schools asked to use the materials, and the NGO hopes the
Ministry of Education will introduce the package into the curriculum of
all primary schools.
Statutory rape occurred and was prosecuted. However, Islamic law
provisions that consider a Muslim girl an adult after she has had her
first menstruation sometimes complicated prosecution of statutory rape.
Such a girl may 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. Thus Shari'a sometimes punishes the victims of statutory rape.
Moreover Shari'a courts sometimes were more lenient with males who were
charged with ``close proximity.'' However, in many cases Muslim men are
charged and punished for statutory rape under secular law. In 1999 a
women's NGO issued a report that stated that the incidence of rape had
increased 48 percent in the 5-year period from 1993 to 1998; more than
50 percent of all rape victims were under 16 years of age.
Child prostitution existed. However, child prostitutes often were
treated as delinquents rather than victims. According to police
statistics, between January and October, 170 underage girls were
detained and sent to rehabilitation centers for involvement in immoral
activities. Statistics for the apprehension of traffickers were not
available (see Section 6.f.).
Child labor occurs in certain areas of the country (see Section
6.d.).
Persons with Disabilities.--The Government did not discriminate
against persons with disabilities in employment, education, or in the
provision of other state services. There is a public sector regulation
reserving 1 percent of all public sector job openings for persons with
disabilities. However, few public facilities were adapted to the needs
of persons with disabilities, and the Government has not mandated
accessibility to transportation or public buildings for persons with
disabilities. In December 1999, Former Minister of National Unity and
Social Development Zaleha reportedly said that ``all buildings'' would
be made accessible to persons with disabilities within 2 years.
Although it was not possible to verify that all buildings were made
accessible to persons with disabilities, new government buildings were
outfitted with ramps for persons with disabilities.
The Government continued to implement efforts made to address the
needs of persons with disabilities. In 2000 the Ministry of Housing and
Local government announced that the uniform building by-laws would be
amended to ensure that all newly constructed buildings included a full
range of facilities for persons with disabilities, including special
parking lots, elevators, and restrooms. By year's end, it was not
possible to verify whether building by-laws were amended. In 2001 the
Human Resources Ministry launched the Code of Practice for the
Employment of Persons with Disabilities in the Private Sector.
According to the Government, this code is a guideline for all
government agencies, employers, employee associations, employees, and
others to place suitable persons with disabilities in private sector
jobs. In addition, the federal budget for 2001 included several
provisions to ease financial burdens on persons with disabilities and
to improve work, education, and training opportunities. In its second
annual report, Suhakam recommended the passage of a Disabled Persons
Bill to address discriminatory practices and to eliminate architectural
and communication barriers facing persons with disabilities. However,
no such bill has been introduced.
Special education schools exist, but they were not sufficient to
meet the needs of persons with disabilities population. However, the
Government and the general public were becoming more sensitive to the
needs of persons with disabilities. The Government undertook many
initiatives to promote public acceptance of persons with disabilities,
to make public facilities more accessible to persons with disabilities,
and to increase budgetary allotments for programs aimed at aiding them.
Provisions for persons with disabilities in the 2001 budget include
several allowances for tax relief for working spouses of persons with
disabilities, full exemption for all medical fees at government
hospitals, and full exemption on fees for travel documents. All
equipment designed specifically for use by persons with disabilities
would also be exempt from all import duties and sales taxes.
Recognizing that public transportation is not disabled-friendly, the
Government reduced the excise duty for persons with disabilities on
locally made cars and motorcycles by 50 percent. The most recent
statistics state that persons with disabilities made up 7 percent of
the population.
Indigenous Persons.--Indigenous people (the descendants of the
original inhabitants of peninsular region of the country and the Borneo
states) generally enjoyed the same constitutional rights as the rest of
the population. However, in practice federal laws pertaining to
indigenous people of the peninsular region known as the Orang Asli vest
considerable authority in the Minister for Rural Development, (who
oversees the Department of Orang Asli Affairs) to protect, control, and
otherwise decide issues concerning this group. The indigenous people of
the Borneo states have no special government department dedicated to
their concerns. As a result, indigenous people, particularly in
peninsular Malaysia, have very little ability to participate in
decisions.
The Orang Asli, who number approximately 133,000, were the poorest
group in the country. According to government statistics, over 80
percent of the Orang Asli live below the poverty level. The percentage
of Orang Asli who led nomadic lifestyles has dropped to less than 1
percent. The Government announced development projects for the Orang
Asli from time to time. According to the head of an NGO working with
Orang Asli, school dropout rates among Orang Asli increased markedly
over previous years, and the percentage of Orang Asli living below the
poverty line increased.
Under the Aboriginal People's Act, the Orang Asli who had been
granted land on a group basis were permitted to live on Orang Asli
reserves but did not possess land rights. The Social Development
Ministry announced in 1996 that state governments, which make decisions
affecting land rights, agreed to issue titles to Orang Asli. Surveying
and transfer of title has proceeded slowly. However, during the year a
number of Orang Asli received land titles to leased land. According to
the leader of an NGO who worked on Orang Asli issues, over the years
the total area of land reserved for Orang Asli has decreased, and some
land previously set aside as Orang Asli reserve has been re-zoned for
developmental use.
The federal budget for the year did not specify the amount of money
allotted to the Orang Asli community. Programs targeting Orang Asli
were scattered throughout the budget and included poverty eradication,
improvement of education and social welfare, and upgrading the
infrastructure of resettlement villages. In addition, in 2000 National
Unity and Social Development Minister Siti Zaharah Sulaiman announced a
``stay in school'' program to address the increasing number of school
dropouts in the Orang Asli community. The Government allocated $1.2
million (4.8 million ringgit) for the project. In August the Cabinet
approved the formation of a national advisory council for the
development of Orang Asli. Two NGOs criticized the fact that only 5 out
of 17 council members were Orang Asli.
The uncertainty surrounding Orang Asli land ownership makes them
vulnerable to exploitation. Logging companies continued to encroach on
land traditionally held by Orang Asli and other indigenous groups in
the Borneo states. In January Orang Asli in the State of Pahang
attempted to block logging trucks from entering their land. According
to one NGO, the state ministry of Orang Asli Affairs later gave out
cash compensation to placate the protesters. During the year, there
were continued complaints about land encroachment. In some cases, Orang
Asli sued to protect their land. In 1996 a suit was brought by Orang
Asli Temuans who lost land during the construction of the Kuala Lumpur
International Airport highway. In April the High Court ruled in favor
of the Orang Asli Temuans, arguing that they should be considered the
rightful owners of the land and ordered the Selangor state government
to pay rightful compensation.
Although state law recognizes the right of indigenous people to
land under ``native customary rights,'' in the Borneo states the
definition and extent of these lands have been in dispute. However, in
a judgment in May 2001, the High Court in the provincial capital of
Kuching, Sarawak, ruled that native customary rights of the indigenous
people of Sarawak do not exist because of statute; rather, they are
historically recognized rights which existed long before independence.
The judgment further recognized that forests, rivers, and streams
adjacent to indigenous communities also are included under native
customary rights. The state government of Sarawak appealed the
decision. Nonetheless, indigenous people in the State of Sarawak
continued to protest the encroachment by state and private logging and
plantation companies onto land that they consider to be theirs under
customary rights. In July for example, about 200 indigenous people in
Miri, Sarawak, failed to get a court injunction to stop two timber
companies from conducting logging activities in an area they claimed
was their ancestral land. They have appealed the decision.
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 result was that many indigenous people were
deprived of their traditional lands with little or no legal recourse.
In 2000 the Sarawak state assembly passed amendments to the state land
code that the state government stated would increase the rights of
indigenous people to exert control over their traditional lands. A
group of NGOs disputed the state government's characterization of the
legislation and claimed that it would in fact further diminish the
ability of indigenous people to defend their rights on land issues.
Indigenous people displaced by the Bakun Dam project in Sarawak
continued to protest the lack of transparency in the resettlement
process, inadequate compensation for their lands and homes, and
destruction of their traditional way of life. However, the state
government dismissed these complaints, claiming that only the older
generation had reservations about the resettlement program. As a result
of its October 2001 fact-finding trip, Suhakam reported that the Bakun
Dam project in Sarawak encroached upon the native land of the Penans
and that this encroachment caused the degradation of the forests around
Penan villages and the pollution of their water supply. The Commission
also noted that the development of oil palm plantations encroached on
traditional lands. In its 2001 annual report, Suhakam recommended that
the state government allocate alternative land for settlers who were
displaced due to the Bakun Dam project, urged the state government to
subsidize the cost of their new homes, and provide adequate and
equitable compensation to the families.
Suhakam stated in the same report that indigenous people should be
involved in the decision-making process of any development projects
that have a direct impact on them. In 2001 an NGO working on behalf of
indigenous people in the State of Sarawak expressed deep concern over
the passage of the state assembly's Land Surveyors Bill, which requires
land surveys to be carried out exclusively by state-licensed land
surveyors. The NGO claimed that indigenous people struggle to prove
their land rights and depend on NGOs to assist them with mapping. NGOs
help to create maps that can then be used in court to protect Nature
Conservatory Rights land from logging, development, and palm oil
cultivation. The NGO contended that without assistance from independent
surveyors, indigenous people were legally powerless to dispute
encroachment on their land.
National/Racial/Ethnic Minorities.--The Government implemented
extensive preferential programs designed to boost the economic position
of the Malay majority, which remained poorer on average than the
Chinese minority. Such preferential programs and policies limited
opportunities for non-Malays in higher education, government
employment, business permits and licenses, and ownership of land.
According to the Government, these programs were instrumental in
ensuring ethnic harmony and political stability. Ethnic Indian citizens
remained among the country's poorest groups. The Chinese and Indian
minorities did not benefit from the preferential policies that
benefited ethnic Malays.
Public questioning of the preference rights of ethnic Malays was a
sensitive issue. In 2000 a group of youth members of UMNO became unruly
at a rally held outside a Chinese assembly hall in the wake of public
comments by a Chinese association that allegedly questioned the
granting of special rights and privileges for Malays. Some of the
demonstrators threatened to burn down the hall. Chinese groups in the
ruling coalition demanded action against the perpetrators. The
Government had taken no action by year's end.
Section 6. Worker Rights
a. The Right of Association.--By law most workers have the right to
engage in trade union activity, but only 8.49 percent of labor was
represented by 599 trade unions. Those who do not have the right
include workers labeled ``confidential'' and ``managerial and
executive,'' as well as defense and police officials. With certain
limitations, unions may organize workplaces, bargain collectively with
employers, and associate with national federations. In theory foreign
workers can join a trade union; however, the Immigration Department
places conditions on foreign workers' permits that effectively bars
them from joining a trade union (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 International Labor
Organization (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 is
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.).
The Malaysian Trade Union Congress (MTUC) officials continued to
express frustration about delays in the settlement of union recognition
disputes. While the Industrial Relations Act requires a union to be
recognized within 21 days, it is not uncommon for unions to go
unrecognized for 1 to 2 years. There was an increasing number of
private company court challenges to Ministry decisions authorizing the
formation of unions. During the year, according to MTUC officials,
there have been 10 such challenges. Even in-house unions sometimes
faced difficulties. One company resisted concluding a collective
bargaining agreement for over 12 years, including by changing its name
five times so far. At year's end, the company union remained in limbo
pending a decision by the Court of Appeals.
Government policy inhibits the formation of national unions in the
electronics sector, the country's largest industry. The Government
believes that enterprise-level unions are more appropriate for this
sector. In February 2000, the Minister for Human Resources said
employers should not obstruct the formation of in-house unions.
According to MTUC officials, 150,000 electronics workers still were
unable to organize and only 8 in-house unions were formed in the
electronics industry. Collective bargaining agreements are limited in
those companies designated as ``pioneer status.'' According to the ILO,
the Government has been promising to repeal this statute since 1994.
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.
There are two national labor organizations. The MTUC is a
federation of all unions in the country, in both the private and
government sectors. The Congress of Unions of Employees in the Public
and Civil Service is a federation of civil servant and teacher unions.
Although the law grants public servants the right to organize at the
level of ministries and departments, the Government did not respond to
ILO requests for specific information on the numbers and categories of
civil servant employees covered or details regarding the collective
bargaining agreements reached. There are three national joint councils
representing management and professional civil servants, technical
employees, and nontechnical workers. In June 2001 the Trade Unions
Department received an application to register a federation of trade
unions representing port workers. The Director General of Trade Unions
rejected the application saying it did not fulfill the requirements of
the Trade Unions Act. At year's end, MTUC officials said no decision
had been made in this case. In February 2000, the Government approved
the establishment of a federation of airline unions that represented
approximately 20,000 employees in the aviation industry.
MTUC officials were hopeful that Prime Minister Mahathir would
announce the country's plans to ratify ILO Convention 187 when he
addressed the ILO in June, but were disappointed when he made no
reference to the convention in his speech. At year's end, the
Government still had not it.
Enterprise unions can associate with international labor bodies and
do so. The International Metal Workers Federation was working with
enterprise unions in the electronic sector to form a national union.
b. The Right to Organize and Bargain Collectively.--Workers have
the legal right to organize and bargain collectively, and collective
bargaining was widespread in those sectors where labor was organized.
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, others point
out that the Industrial Court almost always sides with the workers in
disputes. In the past, the press reported that an MTUC survey indicated
that employers often ignored Industrial Court judgments with impunity.
In January 2000, the Minister of Human Resources said that more
Industrial Court chairmen would be appointed to deal with a backlog of
more than 100 cases and noted that the courts were so congested that
new cases could not be scheduled until January 2001. During the year,
the number of Industrial Court chairmen was increased from 14 to 23.
According to MTUC officials, the backlog of cases was being addressed
and had dropped to 3,000 during the year.
The Government holds that issues of transfer, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining, which is not in accordance with
ILO standards. The Minister of Human Resources can suspend for up to 6
months any trade union that he deems is being used for purposes
prejudicial to or incompatible with security or public order.
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 Government states these essential services are considered crucial
to the economy and the public interest. The MTUC officials say that
requirements imposed by the authorities are so stringent that it is
almost impossible to strike. According to the Ministry of Human
Resources statistics up to October, there were 3 strikes and lockouts
involving 296 workers during the year. Employees in the public sector
do not have the right to collective bargaining.
The Industrial Relations Act 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 act prohibits employers from taking retribution against a
worker for participating in the lawful activities of a trade union.
When a strike is legal, these provisions prohibit employer retribution
against strikers and leaders. Although some trade unions questioned
their effectiveness, it is not possible to assess fully whether these
provisions were being enforced effectively, given the limited number of
cases of alleged retribution. In Johore 120 union members of a large
textile manufacturing company were suspended for taking part in a
picket protesting the company's refusal to commence collective
bargaining. Subsequently, 30 of these workers were dismissed.
Companies in free trade zones (FTZs) 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 Bonded Labor.--The Constitution
prohibits forced or bonded labor, and the Government generally enforced
this prohibition. In theory certain laws allow the use of imprisonment
with compulsory labor as punishment for persons who express views
opposed to the established order or who participate in strikes.
However, the constitutional prohibition renders these laws without
effect.
In 2000 the Appeals Court ruled that a company must give proper
notification to its workers when selling its business to another
entity. The Appeals Court ruled that compelling an employee to work for
a new employer without offering the option to terminate the labor
contract amounted to a form of forced labor. The Appeals Court ordered
the employers to compensate the workers for failing to give proper
notification of sale as prescribed by the Employment Act.
The Government prohibits forced and bonded labor by children, and
there were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Children and Young Persons (Employment) Act 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 occurred in certain areas of the country. There was no
reliable estimate of the number of child workers. Most child laborers
worked informally in the plantation sector, helping their parents in
the field. However, only adult members of the family received a wage.
In urban areas, child labor can be found in family food businesses,
night markets, and small-scale industries. Government officials did not
deny the existence of child labor in family businesses, but maintained
that foreign workers largely have replaced child labor and that the
Government vigorously enforced child labor provisions.
e. Acceptable Conditions of Work.--There was no minimum wage, as
the Government preferred to allow market forces to determine wages.
Wage Councils which were established by the Wage Council Act of 1947 to
provide a recommended minimum wage in those sectors in which the market
wage was determined insufficient, had little impact on wages in any
sector. According to MTUC officials, Wage Councils have not met for
over 12 years and their recommended wages have been obsolete for a
longtime. However, prevailing market wages often provided a decent
living.
Plantation workers generally receive production related payments or
daily wages. In February the National Union of Plantation Workers
(NUPW) and the Malaysian Agriculture Producers Association agreed on a
monthly minimum wage for palm oil plantation workers of $84 (325
ringgit) per month. Proponents of the agreement argue that productivity
incentives and bonuses raise the prevailing wage to nearly $184 (700
ringgit). Rubber plantation workers still have no minimum wage.
Under the Employment Act, working hours may not exceed 8 hours per
day or 48 hours per workweek of 6 days. Each workweek must include a
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 precluded strict enforcement.
Significant numbers of contract workers, including numerous illegal
immigrants, work on plantations and in other sectors. According to
statistics from the NUPW, foreign workers made up 39 percent of the
plantation work force, although the number could be higher since there
were illegal workers. Working conditions for these laborers compared
poorly with those of direct-hire plantation workers, many of whom
belong to the NUPW. Work-related accidents were especially high in the
plantation sector. According to the Human Resources Ministry, 14
percent of all reported industrial accidents during the year occurred
on plantations. The NUPW asserted that the number of accidents during
the year in the plantation sectors was about equal to the accident rate
during 2000. Immigrant workers in the construction and other sectors,
particularly if they were illegal aliens, generally did not have access
to the system of labor adjudication. Government investigations into
this problem 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 investigated complaints
of abuses, attempts to inform workers of their rights, encouraged
workers to come forward with their complaints, and warned employers to
end abuses. Like other employers, labor contractors may be prosecuted
for violating the labor laws.
The Workmen's Compensation Act includes both local and foreign
workers; however, foreign domestic workers have no protection under the
act.
According to the Government, foreign domestic workers are protected
under the Employment Act, in particular in regard to wages and
termination of contract. However, employers sometimes failed to honor
the terms of employment and abused their domestic servants. For
example, in 2001 a local women's NGO offered shelter to 13 foreign
domestic workers who claimed they had been abused. Some of the victims
claimed that their employers subjected them to inhuman living
conditions, withheld their salaries, and physically assaulted them.
In 2000 the Minister of Human Resources Datuk Fong Chan Onn
announced that abused foreign domestic servants may be eligible for
compensation under the Workmen's Compensation Act. The Cabinet
commissioned a study of the issue to determine what measures for
protection, compensation, and legal course of action should be
available to victims under the act, although it was not verified if the
study was completed. In October 2000, the local press reported four
separate cases of physical abuse against foreign domestic workers that
were settled when the accused offered compensation to the victim. The
Criminal Procedure Code allows that for certain offenses an offender
may, if the parties agree, pay a fee to the victim by way of
compensation. The Human Rights Committee of the Bar Council claimed
that the settlement gave the public ``the overall impression that
justice can be bought.'' A human rights NGO activist called the
settlement a ``dangerous trend.'' In order to reinforce its enforcement
capabilities in this sector, the Government increased the number of
officers assigned to the Department of Occupational Safety and Health
Act (OSHA).
The OSHA 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 maintained that relatively few
committees were established and, even in cases where they did exist,
they met infrequently and generally were ineffective. In 2001 the Human
Resources Ministry announced a new regulation to protect laborers
performing hazardous work in confined spaces such as manholes and
storage tanks. Employers are obliged to fulfill certain safety and
technical requirements before beginning any projects in confined
spaces. 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.
In 2000 MTUC president Zainal Rampak called for a review of the
three-shift system in the electronics industry, referring to a study
that concluded that the system contributed to severe stress and
workplace accidents among the industry's mainly female work force.
Government health and safety officials defended the system, claiming
that it provided adequate safeguards for conscientious employers and
workers.
Legal and illegal foreign workers from Indonesia, the Philippines,
Burma, Thailand, India, Bangladesh, Nepal, Vietnam, and other countries
constituted approximately 20 percent of the work force. However, in the
run-up to the implementation of the new immigration law on August 1,
thousands of illegal foreign workers, particularly from Indonesia and
the Philippines, returned home. Illegal foreign workers have no legal
protection under the labor laws and have no legal recourse in cases of
abuse. Legal foreign workers are entitled to the same rights and
protections under the country's labor law as Malaysian nationals. In
addition, the law prohibits discrimination between foreign and local
employees in the terms and conditions of employment. However, legal
foreign workers are prevented from joining trade unions by Immigration
Department restrictions on their work permits. The Government states
that it does not encourage foreign workers to join unions and that
labor laws are adequate to protect foreign workers' interests. In
addition, some foreign workers are victims of unscrupulous agents, and
are enticed by promises of a particular job at a particular salary
before they leave home but upon their arrival in the country find a
contract for a different job at a lower salary.
f. Trafficking in Persons.--The Constitution prohibits slavery;
however, this provision has not been invoked in cases of trafficking in
persons, and trafficking in women, and occasionally girls, for the
purpose of prostitution. The country has no law that specifically
criminalizes trafficking in persons. The country uses other laws such
as the Immigration Act, the Restricted Residence Act, and the ISA to
prosecute traffickers. However, authorities generally did not separate
trafficking victims from other illegal immigrants. Evidentiary rules
made it difficult to obtain convictions of traffickers.
The country was a source and destination country for trafficking in
women and girls for sexual exploitation. Young women from primarily
Indonesia, China, Thailand, and the Philippines were trafficked into
the country for sexual exploitation. These women often worked as
karaoke hostesses, ``guest relations officers,'' and masseuses. During
the year, there also were reports that Burmese adults were trafficked
to the country.
In 2001 The Royal Malaysian Police arrested 4,132 foreign
prostitutes. There were allegations that some level of corruption
existed among law enforcement since some trafficking victims were known
to pass through two or more ports of entry without travel documents.
Malaysian women were 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 were victims of traffickers were
almost exclusively ethnic Chinese, although ethnic Malay and ethnic
Indian women worked as prostitutes domestically. Police and NGOs
believe that Chinese criminal syndicates were behind most of the
trafficking (both incoming and outgoing) of women of all nationalities.
The new immigration law, which came into effect on August 1,
resulted in a significant decrease in the number of illegal residents
in the country, which included persons who were trafficked into the
country.
Individual government officials may provide counterfeit documents
illicitly to traffickers (although no specific cases were reported),
but government agencies try to eradicate corruption and fraud within
their ranks. Trafficking within the country's borders was perpetrated
by one or two organized criminal groups and a few local operators.
Trafficking victims were kept compliant through involuntary
confinement, confiscation of travel documents, debt bondage, and
physical abuse. During the year, there were a number of reports of
foreign women escaping from luxury apartments where they were held and
forced to serve as unwilling prostitutes. According to news reports,
these women said they were lured to the country by promises of
legitimate employment but were then forced into prostitution upon their
arrival in the country. In 2001 the police discovered 34 Indonesian and
Thai women locked in a shophouse fitted with hidden metal doors and
passageways to avoid detection. The women were drugged with sedatives
during the day and forced to work as prostitutes at night.
The Penal Code includes special provisions related to trafficking
only for purposes of prostitution. For example, specific sections of
the Penal Code prohibit the sale or hire of anyone under the age of 21
for purposes of prostitution. Another section prohibits the transport
into the country of any woman for purposes of prostitution. Punishment
for these offenses includes a maximum 10-year prison term or a fine, to
be determined at the discretion of the sentencing judge. Under the
Child Act of 2001, which took effect on August 1, brothel owners,
pimps, and clients of underage prostitutes may face a fine of up to
$13,000 (50,000 ringgit), a prison sentence of not less than 3 years,
and mandatory caning of up to 6 strokes. Repeat offenders face a caning
of up to 10 strokes.
The Government assisted underage girls and rescued some kidnaped
women during the year. For example, according to police statistics,
between January and June 149 underage girls were rescued from vice
syndicates. According to Social Welfare Department statistics, 453
women were sent to rehabilitation centers after being detained in
suspected places of prostitution in 2001. However, NGOs and women's
rights activists complained that police had no coherent policy to
protect victims of trafficking. Rather than prosecute traffickers,
police generally arrested or deported individual women for immigration
offenses. Some trafficking victims who exhibit signs of physical abuse
may be sent to a women's shelter instead of being kept by the police;
however, permission from the police to allow victims to reside in a
shelter was sometimes difficult to obtain. Statistics for apprehension
of traffickers were not available. From 1998 through June, 130
individuals involved in the harboring of prostitutes were placed under
``restricted residence.'' The Restricted Residence Act is designed to
deter organized criminal activity and requires individuals to
temporarily move to a predetermined location far from their usual
domicile, and check in regularly with police.
The Government stated it did not prosecute anyone for the specific
offense of trafficking in persons but did take concrete steps during
the year, including the implementation of the new immigration act, to
address the problem of trafficked persons. There were a number of
active NGOs that provided assistance to trafficking victims. Several
NGOs provided shelter for trafficking victims and assisted them in
being repatriated to their home countries. The Government provided
direct financial support to 75 different NGOs dedicated to women and
girls' welfare. While these NGOs did not specifically target
trafficking victims, they were available to help repatriated Malaysian
victims and foreign victims who had been released into the custody of
their embassy or consulate.
The Government recognized the need to improve the treatment and
protection of trafficking victims. A local woman's NGO was working with
the Bar Council to draft legislation specifically aimed at prosecuting
traffickers and protecting victims. The Government formed an inter-
agency trafficking in persons working group to formulate its anti-
trafficking in persons strategies and to strengthen inter-agency and
public-private cooperation against trafficking in persons. The Ministry
of Home Affairs formed a special anti-vice Task Force that aimed to
target trafficking and prostitution networks and to identify and deport
foreign women who entered the country, legally or illegally, and
subsequently engaged in the sex trade.
__________
MARSHALL ISLANDS
The Republic of the Marshall Islands is a self-governing nation
under the Compact of Free Association with the United States. The
Constitution provides for free and fair elections and executive and
legislative branches. The legislature consists of a 33-member
Parliament (Nitijela), as well as 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, past governments have
attempted to influence the judiciary.
Under the Compact of Free Association, the United States is
responsible for defense and national security, and the country has no
external security force. The national and local police forces have
responsibility for internal security. These agencies observed
constitutional and legal civil rights protections in executing their
responsibilities.
According to 2000 statistics, the population was approximately
57,000, was of Micronesian origin, and was concentrated primarily on
the Majuro and Kwajalein Atolls. The economy depended mainly on
transfer payments from the United States. Coconut oil and copra
exports, a small amount of tourism, import and income taxes, an open
ship registry, a tuna loining plant, ship chandlering and fishing
licensing fees generated limited revenues.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provide effective means of
dealing with individual instances of abuse. There were occasional
instances of denial of due process for detainees. Violence against
women and child abuse were problems. The Republic of the Marshall
Islands was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution forbids such practices, and there were no
reports that government officials employed them.
Prison conditions, while Spartan, generally met international
standards, and the Government permitted prison visits by independent
human rights observers. Male juveniles and adults were detained
separately, but female juveniles and adults were held at the same
facilities. Pretrial detainees were not separated from the general
prison population.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. Nonetheless, the Chief Justice of the High
Court admitted in 2001 that arbitrary detentions did occur. 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.
However, it appears that such violations were due mainly to
inefficiency; the courts and the Attorney General's office worked with
the police during the year to improve communications between the courts
and police when suspects were detained.
Families had access to detainees, and detainees had the right to
lawyers of their choice. There is a functioning system of bail, and the
State provides a lawyer if the defendant is indigent. The Constitution
and law do not prohibit forced exile; however, the Government did not
employ this practice.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in the past, the Government has
attempted to influence judicial matters through legislative or
administrative means.
The employment of a foreign national High Court judge, who had
disagreements with the previous government, was terminated prematurely
in 1999, but he was appointed to the Supreme Court in 2000. In his 2000
inaugural address, President Note pledged to protect the independence
of the judiciary, following the previous four years during which three
chief justices had resigned or been terminated by the Government.
During the year, there were no known incidents of executive pressure on
the judiciary. Few citizens are trained in the law. Therefore, the
judicial system relied almost entirely on noncitizen judges, public
prosecutors, and defense lawyers; most private attorneys were also
noncitizens. Since the election of President Note, the Government
increased judges' salaries by 20 percent to better attract and retain
qualified judges.
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 an
independent judiciary generally enforced this right.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights in practice. In the past, government influence
has led to occasional self-censorship by the media in areas of
political or cultural sensitivity; however, there were no known
instances of self-censorship during the year.
A privately owned weekly newspaper published articles and opinions
in both English and Marshallese.
There were two radio stations, one of which was government owned;
the other was religious and offered news broadcasts from the Voice of
America, the British Broadcasting Corporation, and Radio Australia. In
the past, live broadcasts of the legislative session had been
interrupted when they included remarks critical of the Government;
however, this did not occur during the year. A government station
broadcast public service announcements. A cable television company
broadcast a variety of foreign news and entertainment programs and
occasional videotaped local events.
The Government did not restrict Internet access.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For more detailed information see the 2002 International Religious
Freedom Report.
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.
Beginning in 2000, the Government launched an alien registration
drive to counter alleged increases in illegal entries by Chinese and
other foreign nationals. During the year, the Government periodically
conducted ``sweeps'' to locate and ultimately deport undocumented
aliens. In 2001 the Government enacted regulations restricting the
operations of certain businesses to citizens. In 1996, as a means of
attracting foreign investment, the Government issued so-called
investment passports (which conveyed Marshall Islands citizenship) to
approximately 3,000 noncitizens. It halted this practice in 1997
following allegations of abuses and fraudulent passport sales, and the
Nitijela officially banned such passport sales in 2001 citizenship
legislation. These ``investment'' passports are expiring, and the
Government is examining such passports more closely, denying renewal in
cases such as those with no record of first-time issuance. There were
no provisions in the 2001 law for the removal of any person who loses
citizenship as a result of this review.
Although not a signatory, the Government adheres to the 1951 U.N.
Convention Relating to the Status of Refugees and its 1967 Protocol,
and it cooperates with the U.N. High Commissioner for Refugees. There
were no recent reports of refugees. The Government has not formulated a
policy regarding refugees, asylees, or first asylum. 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 citizens with the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections held on the basis of universal
suffrage. Executive power is centralized in the President and his
Cabinet. This group dominated the legislature as well. The Nitijela
(Parliament) and mayors are elected by secret ballot every 4 years by
citizens 18 years of age and older. The last Nitijela election was held
in 1999. In January 2000, President Kessai Note was selected unopposed
by the Nitijela, from among its 33 members. The President subsequently
selected 10 cabinet ministers from among the Nitijela members. There
were no restrictions on the formation of political parties. Political
activity by foreigners was prohibited.
There were no legal impediments to women's participation in
government and politics; however, women's cultural responsibilities,
traditionally passive roles, and the generally early age of pregnancies
made it difficult for women to obtain political qualifications or
experience. Nevertheless, a woman was elected to the Nitijela in 1999.
Society is matrilineal, and those men and women who exercised
traditional leadership and land ownership powers derived their rights
either from their own positions in the family, or from relationships
based on their mother's and sister's lineage. However, the traditional
authority exercised by women has declined with growing urbanization and
movement of the population away from traditional lands.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged Violations of Human
Rights
While there are no official restrictions, few local nongovernmental
human rights organizations have been formed.
The women's NGO Women United in the Marshall Islands (WUTMI) worked
on women's, children's, and family issues and played a greater role in
social issues. A WUTMI leader, for example, was named to the Compact
Renegotiation Team.
There is a government-sponsored committee to establish a local Red
Cross chapter, and the Government hosted a Red Cross Conference on the
Geneva Conventions in 2001.
No international human rights organization has expressed interest
or concern or visited the country.
Section 5. Discrimination Based on Race, Sex, 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 observed these provisions.
Women.--Spousal abuse was common. Domestic violence was not
condoned in society, and most assaults occurred while the assailant was
under the influence of alcohol. The Government's health office provided
counseling for reported spousal and child abuse cases but apparently
many cases went unreported. Rape and assault were criminal offenses,
but women involved in domestic violence were reluctant to prosecute
spouses in the court system. Women's groups under the WUTMI umbrella
publicized women's issues and promoted a greater awareness of women's
rights. Violence against women outside the family occurred, and women
in urban centers risked assault if they went out alone after dark.
There is no legal age of consent. The law criminalizes only
``forced'' rape and does not specifically cite sexual assault, domestic
violence, or sexual abuse. There was some national debate regarding
criminalizing these acts; however, debate was hampered by cultural
norms against discussion of these subjects.
In September the Parliament made prostitution illegal; however,
prostitution exists on the Majuro and Kwajalein Atolls. Organized
prostitution was run by and catered to foreigners, primarily the crews
of foreign fishing vessels. There were no specific reports of violence
against prostitutes, although the Government assumed that it existed.
There is no law against sex tourism, and none has been reported.
Sexual harassment is not prohibited by law and was not considered a
serious problem.
The inheritance of property and of traditional rank is matrilineal,
with women occupying positions of importance in the traditional system.
No instances of unequal pay for equal work or of sex-related job
discrimination were reported. However, while female workers were very
prevalent in the private sector, many of them were in low-paying jobs
with little hope of advancement.
Children.--The Government showed commitment 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.
Education is free, compulsory, and universal through eighth grade.
There was no difference between the attendance rates of boys and girls.
It is estimated that up to 20 percent of elementary school age
children did not attend school on a regular basis. The Government did
not enforce the compulsory education law. The Government's enrollment
report indicated that only two-thirds of those completing eighth grade
attended high school. Of that number, 50 percent--or one-third of those
who start elementary school--eventually graduated.
The Government provided subsidized essential medical services for
all citizens, including children.
Child abuse and neglect are criminal offenses; however, public
awareness of children's rights remained low. 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 were few reports and few
prosecutions. Child abuse and neglect were considered to be on the
increase. In August 2001, two young men sexually assaulted an infant
and were later charged with child abuse and sodomy. At year's end, both
were still free on bail awaiting further judicial action.
Persons with Disabilities.--There was no apparent discrimination
against persons with disabilities in employment, education, or the
provision of other state services. There were no building codes and no
legislation mandating access for persons with disabilities.
There were approximately 50 persons who could be medically defined
as psychotic. When these individuals demonstrated dangerous behavior,
they were imprisoned and visited by a doctor.
There were no reports of discrimination against persons with mental
disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of free association in general, and the Government interpreted
this right as allowing the existence of labor unions, although none
have been formed to date.
b. The Right to Organize and Bargain Collectively.--There is no
legislation concerning collective bargaining or trade union
organization. However, there were no impediments to the organization of
trade unions or to collective bargaining. Wages in the cash economy
were determined by market factors in accordance with the minimum wage
and other laws.
The Constitution does not provide for the right to strike, and the
Government has not addressed this issue.
There were no strikes during the year. There have been no strikes
since 1999 strikes at the Government hospital and the Government-owned
airline.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits involuntary servitude, and there was no evidence of its
practice among citizens of the country. With the increasing presence of
illegal aliens, it is possible that forced or bonded labor exists;
however, there were no specific reports of the problem during the year.
In 2001 there were two separate reports of forced labor involving two
noncitizens; one was a domestic worker and the other worked in a
restaurant. The domestic employee, whose case awaited review by the
Attorney General's Office at year's end, continued to work in the
country. The case of the restaurant worker was settled in a civil suit
in January 2001, and he returned to his home country.
The law does not specifically prohibit forced and bonded labor by
children; however, such practices were not known to occur.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Children typically were not employed in the wage economy,
but some assisted their families in fishing, agriculture, and other
small-scale domestic enterprises. There is no law or regulation setting
a minimum age for employment of children. The Government has not
ratified ILO Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work.--A government-specified minimum
wage is established by law, but it was not adequate to maintain a
decent standard of living for a worker and family. However, in a
subsistence economy extended families are expected to help less
fortunate members, and there were often several wage earners to support
each family. The minimum wage for all government and private sector
employees was $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 was regarded as adequate. Foreign
employees and Marshallese trainees of private employers who had
invested in or established a business in the country were exempt from
minimum wage requirements. This exemption did not affect a significant
segment of the workforce.
There is no legislation concerning maximum hours of work or
occupational safety and health. On Sunday most businesses were closed,
and persons generally refrained from working.
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. 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.
Foreign workers were protected by the law in the same manner as
citizens.
f. Trafficking in Persons.--There are no specific laws concerning
trafficking in persons, and there were no confirmed cases of persons
being trafficked to, from, or within the country during the year.
However, there was increasing suspicion that foreign-born Marshallese
passport holders might be using the country as a staging point for
trafficking of persons to an unconfirmed destination or destinations.
The Immigration Office, the Attorney General's Office, the police, and
religious communities were all concerned about the issue, but no steps
were taken and cooperation on the issue remained limited.
----------
MICRONESIA (FEDERATED STATES OF MICRONESIA)
The Federated States of Micronesia (FSM), administered by the
United States from 1947 to 1979 pursuant to an agreement with the
United Nations, is composed of four states: Chuuk (formerly Truk),
Kosrae, Pohnpei, and Yap. 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 that
elects the President from among its members; and an independent
judicial system that applies criminal and civil laws and procedures
that closely parallel those of the United States. Individual states
enjoy significant autonomy and have their own constitutions and
governmental systems. Traditional leaders retain considerable
influence.
Under the Compact of Free Association, the United States is
responsible for the islands' defense. The country has no security
forces apart from national police and state public safety officers, who
operated under effective civilian control.
The population was approximately 107,000 according to the 2000
census, mostly of Micronesian origin. The economy depended heavily on
financial assistance from the United States, and on fishing, tourism,
and subsistence agriculture.
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 distinguish
among persons on the basis of social status and sex. Neither the
Government nor other social organizations have supplanted the role of
the traditional extended family in protecting and supporting its
citizens. There was growing evidence of spousal abuse and child
neglect, and government agencies often did not address such problems
due to the constraints imposed by traditional society. Micronesia was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents. There was a suspicious death of a
prisoner in custody in 2000 (see Section 1.c.). The case remained open
but was not known to be under active investigation.
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 government officials employed them. In August 2000, two
off-duty policemen reportedly beat a foreign national at a bar in
Pohnpei. Both officers were dismissed from the police force; however,
they were not prosecuted.
Prison conditions generally met international standards. In January
the family of a prisoner who died in custody in 1996 won a civil case
against the Chuuk state police for violation of civil rights and
wrongful death. The family was awarded $42,000. There was a suspicious
death of a prisoner in 2000. The case remained open but was not known
to be under active investigation. The question of prison visits by
human rights observers did not arise during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. On September 6, officials from the national
government attempted to serve a search warrant on the Mayor of Udot in
Chuuk State. A crowd made up of the mayor's supporters disarmed the
national officials, placed them in handcuffs, and briefly detained
them. The Chuuk Director of Public Safety allegedly instructed state
policemen not to assist the national officials. The Mayor and the
Director of Public Safety were charged respectively with abuse of power
and obstruction of justice; at year's end they were awaiting trial.
The Constitution and law do not explicitly prohibit forced exile;
however, the Government did not employ it. The courts do not have the
option of imposing exile. Punishments for crimes are set out
specifically in statutes, which do not provide for the imposition of
exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The President, with the advice and consent of
the legislature, appoints the three justices of the Supreme Court. Each
state also has a supreme court, and each municipality has a community
court. Some states have established additional courts to deal with land
disputes.
The Constitution provides for public trial, and trials generally
were 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 were released
indefinitely. Bail, even for major crimes, usually was set at low
levels.
Delays in some judicial appointments and underfunding of the court
system hampered the judiciary's ability to function efficiently.
Shortages or unavailability of court personnel and services
occasionally hampered the right to a speedy trial.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions 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 generally
respected these rights in practice.
The national government and the four states publish newsletters. A
biweekly newspaper, the Kaselehlie Press (originally known as the Rohng
En Pohnpei), commenced publication in November 2000. Yap also has a
privately published weekly newspaper, the Yap Networker. Both
newspapers have published politically sensitive stories.
Each of the four state governments controls a radio station that
broadcasts primarily in the local language. Credible sources reported
that the Chuuk state government censored politically sensitive domestic
news for its public radio station. Religious groups operate private
radio stations. The populations of Pohnpei, Chuuk, and Kosrae
increasingly have access to live satellite-broadcast information from
around the world and tape-delayed broadcasts of programming by the
major U.S. networks. Yap State planned to introduce satellite cable
television, but at year's end, there was no television receiver
station, and few residents had individual satellite dishes.
There was an increasing level of open public discussion of social
and governmental issues on various Internet sites. The Internet played
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.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
During political campaigns, citizens often questioned candidates at
public meetings and social gatherings. Formal associations were
uncommon, but nongovernmental organizations increased in number,
including organizations for students and women.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Missionaries of many faiths worked in the country without
hindrance.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for freedom of
movement within the country. It does not address foreign travel,
emigration, and repatriation, but in practice none of these were
restricted.
The Government has not formulated a policy regarding refugees,
asylees, or first asylum. Three Vietnamese who arrived in Yap by boat
in 1998 may be the first case testing political asylum rights. Efforts
by the national government in August to deport the Vietnamese as
illegal immigrants faced opposition from community and traditional
leaders in Yap (Yap's constitution includes the Councils of Traditional
Leaders as a fourth branch of government), who argued that Yapese
tradition allows for the adoption of ``lost souls'' who arrive on Yap's
shores. The three Vietnamese were granted temporary entry permits
restricting them to Yap state only.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
The Congress is elected by popular vote from each state; the
Congress then chooses the President and Vice President by majority vote
from among its four at-large senators. State governors, state
legislators, and municipal governments are elected by direct popular
vote. Political campaigning was unrestricted. There were no
restrictions on the formation of political groups, but there have been
no significant efforts to form political parties, and none exist.
Political support generally was sought from family and allied clan
groupings, as well as religious groups.
Cultural factors in the male-dominated society have limited women's
representation in government and politics. Women held midlevel
positions at both the federal and state level. The first woman to hold
a national government cabinet-level position was appointed in 1999; she
continued to serve in that capacity as Public Defender. In 2000 a woman
also was elected to serve in the Pohnpei State Legislature. There were
no women in the national legislature.
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 during the year; international human rights groups
never have raised issues with the country. While there were no official
restrictions, no local groups concerned themselves exclusively with
human rights. However, there were groups that addressed problems
concerning the rights of women and children, and the Government
cooperated with these groups.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Although the Constitution provides explicit protection against
discrimination based on race, sex, language, or religion, there was
extensive societal discrimination, notably discrimination and violence
against women. Government enforcement of these constitutional
provisions was weak.
Women.--Reports of spousal abuse, often severe, continued during
the year. There are no laws against domestic abuse, and there were no
governmental or private facilities to shelter and support women in
abusive situations. Effective prosecution of such offenses was rare. In
many cases, the victim decides against initiating legal charges because
she 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. The number of reports of physical
and sexual assaults against women outside the family context also grew,
according to police and women's groups. Such assaults were perpetrated
against both citizens and foreigners. Unmarried women sometimes were
considered to have invited such violence by living or traveling alone.
In the traditional extended family unit, spouses and children were
accorded strong protections from violence, abuse, and neglect. Such
actions were deemed offenses against the family, not just the
individuals within them, and were addressed by a complex system of
familial sanctions. However, with increasing urbanization and
monetization of the economy, greater emphasis has been placed on the
nuclear family, and the traditional methods of coping with family
discord were breaking down. No government agency, including the police,
has succeeded in replacing the extended family system or in addressing
the problem of family violence directly.
Prostitution is not legal, nor was it a major problem. The law does
not prohibit sex tourism specifically; however, it was not a problem.
The law does not prohibit sexual harassment; however, it did not appear
to be a problem.
Women have equal rights under the law, and there were no
institutional barriers to education and employment. Women received
equal pay for equal work and were well represented in the lower and
middle ranks of government. However, there was extensive societal
discrimination against women. Nonetheless, women were active and
increasingly successful in private business and enterprises. There was
an active National Women's Advisory Council that lobbied the
Government, and several small nongovernmental groups were interested in
women's issues, particularly those associated with spousal and family
violence and abuse.
Children.--The Government was committed to children's welfare
through its programs of health care and education; however, these
programs were inadequate to meet the needs of the country's growing
population, particularly in an environment in which the extended family
is breaking down. Health officials and religious leaders started peer
support and family care groups to address the factors that may be
leading to an increase in youth suicides; although there were a number
of suicides during the year, there were no comprehensive statistics.
A compulsory education law requires that all children begin school
at the age of 6. Education was free, and there was no difference
between the education of boys and girls. Education levels differed
among the states, but on average 75 percent of children finish 8th
grade, 55 percent finish 9th grade, and 35 percent finish high school.
Children may leave school when they reach the age of 14 or after
completing the 8th grade, whichever comes first.
The Government administered an immunization program throughout the
country and provided some vitamin supplements.
Persons with Disabilities.--The law prohibits discrimination in
public service employment against persons with disabilities. Children
with physical or mental disabilities were provided with special
education, including instruction at home if necessary. There were no
reports of discrimination against persons with disabilities; however,
they usually did not seek employment outside the home.
Neither laws nor regulations mandate accessibility to public
buildings and services for persons with disabilities. Some private
businesses provided special parking spaces and wheelchair ramps for
persons with disabilities. The school system has established special
education classes to address problems encountered by those who exhibit
learning disabilities, although such classes were completely dependent
on foreign government funding.
National/Racial/Ethnic Minorities.--The law prohibits noncitizens
from purchasing land, and the national Congress grants citizenship to
non-Micronesians only in rare cases (an authority that last was
exercised during 1998, for the first time in almost 20 years). There is
no permanent residency status. However, for the most part, noncitizens
shared fully in the social and cultural life of the country.
Section 6. Worker Rights
a. The Right of Association.--Under the law, 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 without coercion, discrimination, or reprisals; however,
they have not formed any such associations. For a variety of reasons,
including the fact that most private-sector employment was in small-
scale, family-owned business and that citizens are not accustomed to
collective action, there were neither associations nor trade unions.
The country is not a member of the International Labor Organization
(ILO).
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 is no specific right to strike.
There were no reports of strikes or collective bargaining agreements
during the year. A dispute between management and Chinese citizen
employees of a Chinese fishing firm active in Yap State led to the
dismissal of several of the employees and their removal to China in
October.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
specifically prohibits forced or bonded labor, and there were no
reports that such practices occurred. This prohibition does not mention
specifically forced and bonded labor by children; however, there were
no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--There is no law establishing a minimum age for employment
of children. In practice there was no employment of children for wages;
however, they often assisted their families in subsistence farming
activities. The Government has not ratified ILO Convention 182 on the
worst forms of child labor.
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. The U.S. dollar is the country's legal currency.
These minimum wage structures and the wages customarily paid to skilled
workers were sufficient to provide a decent standard of living for a
worker and family. The minimum wage was enforced through the tax
system, and this mechanism was believed to be effective.
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 varied in practice.
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.
Two states permitted foreign laborers to work in garment
manufacturing enterprises. The foreign laborers were paid at a lower
rate than citizens who worked at the factories, worked longer hours per
day, and worked a 6-day week in contrast to the 5-day week for
citizens. However, working and living conditions generally were
regarded as good, and workers were not subjected to abuse or deported
without cause; they have the right to a hearing under such
circumstances. Foreign workers have the right to form unions; however,
they have not done so.
f. Trafficking in Persons.--The law does not address specifically
the subject of trafficking in persons. A series of articles in the U.S.
press in September alleged abusive labor situations for some
Micronesian workers recruited for low-wage jobs in the United States.
The Government introduced draft legislation in the October/November
session of Congress to regulate foreign labor recruiters as part of a
strategy to control abusive recruitment practices; the legislation
still was pending at year's end.
__________
MONGOLIA
Mongolia continued its transition from a highly centralized,
Communist-led state to a full-fledged, multiparty, parliamentary
democracy, although these gains have not yet been consolidated. 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. In 2000 the Mongolian People's
Revolutionary Party (MPRP), which held power from 1921 to 1996, won a
sweeping victory in the parliamentary elections, leaving only 4 of 76
seats to opposition members. In 2001 the MPRP's presidential candidate
was elected to his second and constitutionally limited final term. The
transition to the new government occurred in accordance with
constitutional procedures, and international observers characterized
the elections as free and fair. There were 18 political parties, 4 of
which held seats in the Parliament. The judiciary is constitutionally
independent, but low salaries made it vulnerable to corruption.
Security forces are divided among the Ministry of Defense (MOD),
the Ministry of Justice and Home Affairs (MOJHA), and the General
Intelligence Agency (GIA). Military forces under the MOD are
responsible for external security, but border security forces are under
MOJHA control during peacetime. Civil defense is subordinate to the
MOD, giving the MOD a role in internal security. National police, with
primary responsibility for law enforcement, operate under the MOJHA.
The GIA, formerly the State Security Agency, is responsible for
internal security; its civilian head has ministerial status and reports
directly to the Prime Minister. Under the new Criminal Code, which came
into force September 1, the number of types of crimes under the GIA's
purview was reduced from 35 to 22. Reduced government spending
continued to force downsizing of the military forces and all security
forces operated on a minimal budget. The security forces were under
civilian control. The Minister of Defense was a civilian (who retired
from the military to accept the position). Some police committed human
rights abuses.
The economy was stagnant during the year, with an inflation rate of
8 percent. Despite reforms in the 1990s, the larger economic entities
remained under state control; however, the private sector produced more
than 70 percent of the gross domestic product. Critical agricultural
output fell in 2001 and may have continued to fall during the year. The
country's population was 2.4 million with a population growth rate of
1.4 percent, and per capita income was approximately $450 per year. The
country relied heavily on foreign economic assistance. The mainstays of
the economy continued to be copper production and other mining,
livestock raising, and related food, wool, and hide processing
industries. A growing trade and small entrepreneurial sector in the
cities provided basic consumer goods. Lack of transportation and other
infrastructure, legal and regulatory deficiencies, petty corruption,
bureaucratic obstacles, and a small domestic market discouraged foreign
investment.
The Government generally respected the human rights of its
citizens; however, problems remained in some areas. Members of the
police at times beat prisoners and detainees. Pretrial detention
conditions continued to be poor although prison conditions were
improving. There were no deaths reported during the year in detention
centers but a number of prisoners died while in prison. Arbitrary
arrest and detention were problems, as was corruption. Government
attempts to enforce compliance with moral strictures and tax laws may
have been an attempt to intimidate the media and may have resulted in
self-censorship by the press. In 2001 the authorities determined some
persons requesting asylum to be ``economic immigrants'' and denied them
entry. Harassment by some officials of religious groups seeking
registration persisted. Domestic violence against women was a serious
problem; however, efforts to assist victims continued to increase
during the year. Child abuse and child labor also were problems. There
were some instances of forced labor, and some women seeking work
overseas may have become victims of trafficking schemes. In 2001 the
Government established a National Commission on Human Rights, which
published reports in October 2001 and September 2002. Both reports
criticized the Government for abuses and faulted the Parliament and the
Courts for failure to fully protect human rights. In September a new
Criminal Code came into effect, which is expected to provide additional
procedural protections to citizens suspected of crimes. Mongolia was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of arbitrary or unlawful deprivations of life committed by the
Government or its agents; however, it was suspected that the killing of
the Minister of Infrastructure in October 1998 was politically
motivated. Although the investigation was ongoing, the inability to
solve this case continued to be a major problem for the Government. In
November the Parliament announced a reward of $500,000 (500 million
tugriks) for tangible information about the murderers.
During the year, 36 prisoners died in custody, largely due to
disease (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 Constitution prohibits such practices; however, while
reports of such actions diminished, the police in rural areas
occasionally beat prisoners and detainees, and the use of unnecessary
force in the arrest process was not uncommon. During the year, the
Prison Administration equipped 11 out of 17 central prisons with
television camera monitoring systems, which contributed to a
significant decline in the number of prisoners and detainees beaten by
guards. In 2001 it was alleged that five persons accused of killing a
shopkeeper in 1999 were tortured during 2000 and 2001 while in
detention centers in order to extract confessions. One of the five died
of tuberculosis while in pretrial detention and the other four reported
being subjected to severe abuse such as electrical shocks, threats to
family members, and being forced to drink their own blood. A joint
monitoring commission from the central police and the state
prosecutor's office claimed its investigation found no basis for the
allegations. However, the Supreme Court ordered the case reinvestigated
in view of questions raised concerning evidence presented at the trial
by the prosecution and the absence of legal counsel for the defendants
during the early months of their detention; at year's end, the results
of this second investigation were pending.
In recent years, reforms undertaken by the Ministry of Justice and
Home Affairs upon Parliament's recommendation, following reports by
international human rights observers, have changed significantly the
way that accused persons and prisoners are treated. Human rights
training for prison management and some police guards was implemented
in 2001. A training center was established under the Court Decision
Enforcement Agency (prison administration). During the year, 250 prison
guards received training at the center and 10 went abroad for training.
The Ministry's Department for the Enforcement of Court Decisions also
monitored conditions, but the new laws and procedures were not
publicized widely, especially in the countryside, and citizens were not
always aware of their rights with respect to detention and arrest. In
general pretrial detention and prison facilities were poor, providing
insufficient food, heat, and medical care and thereby threatening the
health and life of inmates. Overcrowding declined in prisons but
remained common in detention centers.
Many inmates entered prison already infected with tuberculosis or
contracted it in prison. In 2001 the Government, with the aid of
foreign donors, concluded a program begun in 1997 for surveying and
determining methods of treatment of tuberculosis among inmates. As a
result of the program, the Government established a tuberculosis
hospital that provided treatment for a large number of prisoners and
better isolated infected persons from the general prison population.
The number of inmates who died of the disease continued to decline
significantly from previous years.
Police formerly administered detention centers, and conditions in
some respects were worse than in prisons. On September 1, the Revised
Criminal Code came into effect, under which the prison administration
assumed responsibility for detention centers. At year's end, conditions
remained poor but marginal improvements were noted as the prison
administration began to address overcrowding; provided improved food,
clothing and hygienic items; and began to provide warm meals twice,
rather than just once, per day.
Although the number of inmates remained fairly constant, the
seriousness of crimes allegedly committed by those detained increased.
Under the continuing reform process, prison inmates in the capital
were divided into smaller groups managed by trained personnel and
provided health and hygiene instructions. In 2001 a separate facility
for juvenile prisoners was established in Ulaanbaatar and designated a
training center. As of September, there were 94 children in the
facility. Outside of Ulaanbaatar, juveniles between the ages of 14 and
18 who were charged with crimes were kept in the same detention centers
as adults, unsegregated from the adult population. Improvements in
detention and prison conditions outside of the capital were minimal or
nonexistent due to lack of funding. However, families gained better
access to inmates, alleviating some of the hardship in obtaining food
and clothing. At least two national and six foreign nongovernmental
organizations (NGOs) worked to improve conditions in prisons and
detention centers, distributing clothing, food, books, and textbooks,
and providing English-language instruction and training in computers
and trades. All female prisoners were held separately in one central
prison in Ulaanbaatar. At year's end, the prisoner population of that
facility was 283.
The Government permitted prison visits by human rights monitors,
but visits to pretrial detention centers were more difficult to
arrange. Nonetheless, Amnesty International and other observers on
occasion have visited detention centers as well as prisons.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
provides that no person shall be searched, arrested, detained, or
deprived of liberty except by law, and these protections have been
incorporated into the Criminal Code; however, arbitrary arrest and
detention remained problems. General public awareness of basic rights
and judicial procedures was limited. For example, citizens were not
always aware of their rights in regard to arrest and detention
procedures. Police may arrest those suspected of a crime and hold them
for up to 72 hours before a decision is made to prosecute or release.
Under the revised Criminal Code, which came into effect on September 1,
a court order must be requested to continue holding a suspect after 24
hours have elapsed. If the requested order is not granted within 72
hours, the suspect must be released. In addition, prosecutors no longer
have authority to issue warrants. A detainee has the right to a defense
attorney during this period and during all subsequent stages of the
legal process. If a defendant cannot afford a private attorney, the
Government must appoint an attorney. However, in practice many
detainees were not made aware of and therefore did not assert this
right. There was a shortage of state attorneys, and the low quality of
attorney training and the bureaucratic obstacles faced by attorneys and
defendants were chronic problems. Detainees may be released on bail
with the agreement of the prosecutor. Under the new Criminal Code, the
maximum pre-trial detention (with a court order) is 24 months; an
additional 6 months are allowed for particularly serious crimes such as
murder. According to administrative regulation, if a person was wrongly
charged with a crime, the Government must restore the person's rights
and reputation and compensate him, but this regulation very rarely was
followed in practice.
In 2000 a one-time amnesty law affected 1,000 inmates and detainees
by reducing the sentences of inmates and releasing detainees held on
insufficient evidence.
There were no reports of political detainees during the year. The
Government did not use forced exile, which is prohibited by the
Constitution.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the courts were generally independent in
practice, although corruption was a problem.
The judiciary consists of local courts, provincial courts, and the
Supreme Court. The 11-member Supreme Court is the court of final
appeal, hearing appeals from lower courts and cases involving alleged
misconduct by high-level officials. Local courts primarily hear routine
criminal and civil cases; provincial courts hear more serious cases
such as murder, rape, 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 and Home Affairs,
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. In 2001 a
human rights course became mandatory for all law students.
According to law, 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 no reports of political prisoners. Each September the
Government publicly pays respect to the memory of victims of the
political repression from 1922 through the 1960s. Since 1991
approximately 36,000 persons have been absolved of accusations leveled
against them. In 1991 the Government began giving apartments and
monetary compensation to surviving victims or to the victims' spouses.
Since then the Government has provided approximately 500 apartments and
gers (a traditional nomadic dwelling of the Mongols). In 1998 the State
Rehabilitation Commission began providing compensation to other family
members of victims in the form of cash grants of $500 and $1,000
(500,000 and 1 million tugrik). The program subsequently was halted due
to a budget shortfall in 2001 but resumed during the year. Since the
inception of the program, more than 16,000 persons have received more
than $13 million (13 billion tugrik) in compensation. The program,
originally scheduled to end in 2000, was extended to February 2006.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these provisions in practice. The head
of the General Intelligence Agency, with the knowledge and consent of
the Prime Minister, may direct the monitoring and recording of
telephone conversations. The extent of such monitoring was unknown.
Police wiretaps must be approved by the Prosecutor's Office and are
authorized for only 2 weeks at a time.
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
respected these rights in practice. An increasing variety of newspapers
and other publications represented major political party viewpoints as
well as independent views. The media law that went into effect in 1999
bans censorship of public information and 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.
Nonetheless, the vast majority of radio and television stations and
frequency licenses remained state-owned. The law took effect without
agreement on regulations and procedures for the privatization of
assets, and its implementation has been difficult and controversial.
Lack of access to information and of transparency in government
continued to inhibit political dialog in the media and led to media
complaints.
The Government monitored all media for compliance with
antiviolence, antipornography, antialcohol, and tax laws. On July 31,
an Ulaanbaatar Court found the editor-in-chief of ``Word'' newspaper
guilty of libel and sentenced her to 1 year in prison. Journalists
accused the Government of overzealous prosecution of the case and
believed the trial was an assault on freedom of the press. No
newspapers were closed during the year or during 2001. In 2000 two
newspapers were closed as a result of government inspections, which
journalists viewed as an attempt at intimidation and control. While
there was no direct government censorship, the press perceived indirect
censorship in various forms of government harassment such as frequent
libel lawsuits and tax audits following an inflammatory article. The
court system places the burden of proof on the defendants in libel and
slander cases. As a result, some media practiced self-censorship,
although independent media outlets were at times strongly critical of
the Government. All newspapers bought newsprint directly from private
suppliers, and neither party-affiliated nor independent news media
reported 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 was
restricted in outlying regions.
There were several television stations, including a government-
financed television station with countrywide broadcasting capability, a
limited-operation international joint venture private television
channel and a second private television station (which did not
broadcast nationwide), a local television station controlled by the
Ulaanbaatar mayor's office, and several radio stations in Ulaanbaatar.
State-owned radio was particularly important as the major source of
news in the countryside; however, one independent radio station
broadcast widely and there were an increasing number of small local FM
stations. The Voice of America and the British Broadcasting Company
broadcast in English only, over FM radio frequencies leased from
private media interests. The media presented both opposition and
government views. Many residents of the country had access to
television, and Ulaanbaatar residents received broadcasts from other
countries in Asia and Europe, including China, Russia, Japan, the
United Kingdom, France, and Germany, as well as the United States, by
commercial satellite and cable television systems. An estimated 70
percent of households had televisions.
Access to the Internet was available, and there were no government
attempts to interfere with its use.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
conscience and religion, and the Government generally respected these
rights in practice; however, some groups that sought to register faced
bureaucratic harassment and the law limits proselytizing.
The Constitution explicitly recognizes the separation of church and
state. However, although there is no official state religion,
traditionalists believe that Buddhism is the ``natural religion'' of
the country. The Government contributed to the restoration of several
Buddhist sites that are important religious, historical, and cultural
centers. The Government otherwise did not subsidize the Buddhist
religion.
Religious groups must register with the Ministry of Justice and
Home Affairs. While the Ministry of Justice and Home Affairs is
responsible for registrations, local assemblies have the authority to
approve applications at the local level.
Under the law, the Government may supervise and limit the number of
places of worship and clergy for organized religions; however, there
were no reports that the Government did so during the year. The
registration process is decentralized with several layers of
bureaucracy, in which officials sometimes demanded financial benefits
in exchange for authorization. In general it appeared that difficulties
in registering were primarily the consequence of bureaucratic action by
local officials and attempts to extort financial assistance for
projects not funded by the city. Of the 260 temples and churches
founded since 1990, approximately 150 were registered, including 90
Buddhist, 40 Christian, and 4 Baha'i, in addition to 1 Muslim mosque
and approximately 15 other organizations. Contacts with coreligionists
outside the country were allowed.
The law does not prohibit proselytizing, but limits it by
forbidding the use of incentives, pressure, or ``deceptive methods'' to
introduce religion. In addition, a Ministry of Education directive bans
mixing foreign language or other training with religious teaching or
instruction. The edict was enforced, particularly in the capital area.
The Dalai Lama, a Tibetan Buddhist leader greatly respected by
Mongolian Buddhists, visited the country in November, after a series of
previous attempts to arrange such a visit failed. The Government
actively worked with a number of countries in the region to ensure that
the visit of this important religious leader could occur.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 abroad and
return without restriction, and the Government generally respected
these rights in practice. However, due to continued harsh winter
weather and drought conditions, an increased number of persons sought
shelter in the capital, and the authorities continued to raise
bureaucratic obstacles, such as increasing fees for residency
applications, to prevent new arrivals from qualifying for residency and
social benefits in the capital. Ulaanbaatar was the only city that
required a registration fee for those moving into the city from other
areas. In 2001 these fees were raised to $50 (50,000 tugrik) per adult
and $25 (25,000 tugrik) per child.
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 were no implementing regulations.
The Government continued talks with UNHCR representatives on both
issues. Small groups of North Koreans continued to enter the country
from China. The Government's concerns about potentially growing numbers
of North Korean migrants increased opposition to accession to the 1951
Convention.
The Government cooperated with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
However, in recent years the authorities have denied entry to some
persons claiming refugee status, having determined that these persons
were ``economic immigrants'' and not 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 exercised this right in practice
through periodic, free and fair elections by secret ballot and
universal suffrage. Presidential, parliamentary, and local elections
were held separately. In 2000 parliamentary elections brought the
Mongolian People's Revolutionary Party (MPRP) back into power. In 2001
the MPRP's presidential candidate was elected to a second term. The
Constitution limits the president to two terms. International observers
deemed the presidential election generally free and fair; some
irregularities in the 2000 parliamentary elections generated improved
election practices and procedures in the 2001 presidential election.
For example, new rules were introduced requiring two to three observers
to be present with election commission representatives when votes are
collected by mobile box (a ballot box circulated among rural
households). However, no state funds were provided for the observers to
accompany the election commission representatives, and corruption
remained a problem in some remote areas. Ballot papers were printed and
distributed under the strict control of political party observers.
Cultural shows and other performances sponsored by candidates and their
supporters were prohibited during the election campaign period except
at its start and end. Constitutional amendments meant to address
questions raised during the formation of the Government in 2000,
concerning the President's relationship to Parliament and the
Government, and the right of Members of Parliament to serve in the
Government, were passed by the Parliament in 2000 but vetoed by the
President. Parliament overrode the veto and the amendments went into
effect in 2001 when, following his reelection, the President signed
them. The amendments state that the Prime Minister, in consultation
with the President, shall submit proposals of the executive branch to
the Parliament, and Members of Parliament may serve in the Government
(as Cabinet Ministers).
There were 18 registered political parties; 4 were represented in
the Parliament.
There were no legal impediments to the participation of women or
minorities in government and politics. There were 9 female members in
the 76-member Parliament. There were no female ministers, but there was
one female vice-minister. Women and women's organizations were vocal in
local and national politics and actively sought 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 national and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
The U.N. High Commissioner for Human Rights closed its separate
office in 2001, and complaints were referred to the National Commission
on Human Rights (NCHR). Under the direction of the U.N. Development
Program, a local representative in each provincial assembly, among
other duties, monitored human rights conditions.
In 2001 Parliament established the NCHR to receive complaints from
both citizens and foreign residents. The Commission consists of three
senior civil servants nominated by the President, the Supreme Court,
and the Parliament for terms of 6 years. The independent Commission was
responsible for monitoring human rights abuses, initiating and
reviewing policy changes, and coordinating with human rights NGOs. The
Commission's first and second public reports in October 2001 and 2002
criticized the Government for abuses of the power of arrest and
detention, poor conditions in detention and prison facilities, lengthy
detentions without trial, and failure to implement laws. The reports
also faulted Parliament and the courts for failure to fully protect
human rights. The Commission reports directly to the Parliament.
A human rights course was a requirement in the university law
curriculum.
Section 5. Discrimination Based on Race, Sex, 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 enforced these provisions in practice.
Women.--Domestic violence against women was a serious problem. Rape
and domestic abuse are illegal, and offenders can be prosecuted after
formal charges have been filed. There is no law specifically
prohibiting spousal rape.
There were no reliable statistics regarding the extent of domestic
abuse but qualified observers believed that it was common, affecting as
much as one-third of the female population. Approximately 98.5 percent
of those who committed violent crimes in the home were male, and women
were disproportionately the victims of these crimes. Further, in recent
years domestic abuse appeared to become more violent; different
statistical sources stated that between 10 and 24 percent of murders
occurred in the home. In 1998 murders of women were 8 percent of all
murder cases; in 2001 the number had doubled to 17 percent. After many
years of government and societal denial, there was increasing public
and media discussion of domestic violence, including spousal and child
abuse. However, a common perception was that domestic abuse was either
a family issue or not a problem at all. 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 showed that more than 60 percent of the cases
of family abuse were related to alcohol abuse. The high rate of alcohol
abuse contributed to increased instances of family abuse and
abandonment and added to the number of single-parent families, most of
which were headed by women. Although women's groups advocated new
statutes to cope with domestic violence, there was no known police or
government intervention in cases involving violence against women
beyond prosecution under existing criminal laws after formal charges
were filed. Women were hesitant to prosecute because of likely long-
term detention of spouses in detention centers and the resulting loss
of household income. A draft Law on Domestic Violence has been in
circulation since 1997 and is expected to be submitted to the
Parliament in spring 2003.
There are no laws against sexual harassment.
The Family Law details rights and responsibilities regarding
alimony and parents' rights, and is intended to bring about timely
dispute settlement and ameliorate the causes of some domestic violence.
The National Center Against Violence operated branches, each staffed by
two to three persons, in two districts of Ulaanbataar and eight
provinces. Only one small shelter for victims of domestic abuse existed
in the country, largely funded by foreign charitable organizations.
The law stipulates 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 were reports that some women and teenagers worked in the sex
trade in Asia and Eastern Europe; an unknown number of them may have
been trafficked (see Section 6.f.).
The Constitution provides men and women with equal rights in all
areas. By law women are to receive equal pay for equal work and have
equal access to education. Women represented approximately half of the
work force, and a significant number were the primary earners for their
families. 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 enforced these provisions.
Many women occupied midlevel positions in government and the
professions, and many were involved in the creation and management of
new trading and manufacturing businesses.
There is no separate government agency that oversees women's
rights; however, there is a National Council to coordinate policy and
women's interests among ministries and NGOs, and the Ministry of Social
Welfare and Labor has a Division for Women and Youth Issues. There were
approximately 40 women's rights groups that concerned themselves with
such issues as maternal and child health, domestic violence, and equal
opportunity.
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, although
it is committed to children's rights and welfare in principle. The
Government provides children with free, compulsory public education
through the age of 16, although family economic needs and state
budgetary difficulties made it difficult for some children to attend
school. In practice female children over the age of 15 had better
opportunities to complete their education than male children, because
teenage males often were required to work at home and schools generally
were located far from homes (see Section 6.d.). In addition, there
continued to be a severe shortage of teachers and teaching materials at
all educational levels.
The society has a long tradition of supporting communal raising of
children. The Government was more willing to admit the extent of the
problem of orphaned children, but it lacked the resources to improve
the welfare of children who have become the victims of larger societal
and familial changes. NGOs continued to assist orphaned and abandoned
children. The Government does not publish statistics on street
children; however, the 2002 census identified approximately 1,300
homeless youths between 7 and 18 years of age. Of those, 840 lived in
shelters provided by 21 children's centers sponsored by international
NGOs. Groups working in the field disagreed on the number of street
children but estimated that there were as many as 3,000. Female street
children, who accounted for one third of all street children, sometimes
faced sexual abuse. The Government established a National Committee for
Children to address this and other child welfare issues. The Government
supported two private shelters, one for children from birth to age 3,
and the other for children from 3 to 16 years of age. While government
facilities received government funding, finances were inadequate and
the Government used foreign aid to help sustain the orphanages.
There was growing awareness that child abuse, often associated with
parental alcoholism, was a problem. In conjunction with efforts to
counter violence against women, NGOs have begun to address the issue.
The Ministry of Social Welfare and Labor has added a Department for
Women and Youth Issues.
Persons with Disabilities.--The 1999 Labor Law prohibits
discrimination against persons with disabilities in employment and
education, and requires the Government to provide benefits according to
the nature and severity of the disability, which it did. There was no
official discrimination against persons with disabilities in employment
and education. However, in practice most could not find jobs. In 2001
the Government began to implement a section of the 1999 Labor Law that
requires companies employing more than 50 persons to hire at least 3
persons with disabilities. Those who have been injured in industrial
accidents have the right to reemployment when ready to resume work, and
the Government offered free retraining at a central technical school.
There are several specialized schools for youths with disabilities, but
these students also were free to attend regular schools. The Government
also provided tax benefits to enterprises that hired persons with
disabilities, whom some firms hired exclusively. There is no law
mandating access for the disabled; thus it was difficult for the
disabled to participate fully in public life. However, in 2001 the
Government set aside a small sum to build wheelchair access ramps to
public buildings. Disabled citizens' groups have demonstrated for
higher government subsidies. Government pensions for the disabled were
approximately $40 (40,000 tugrik) per month. There were approximately
40,000 disabled persons in the country. Approximately 30 NGOs
participated in activities assisting persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution entitles all workers
to form or join unions and professional organizations of their
choosing. Union officials estimated that union membership remained
constant at approximately 400,000, which represented less than half of
the workforce. Workers who were self-employed or worked at small,
nonunionized firms generally did not belong to unions. No arbitrary
restrictions limited who could be a union official, and officers were
elected by secret ballot.
During the year, the leadership of the newer Association of Free
Trades Unions merged with the Mongolian Trade Unions Confederation,
leaving in effect only one trade union confederation in the country.
The Mongolian Trade Unions Confederation had ties with international
labor organizations and confederations in other countries.
b. The Right to Organize and Bargain Collectively.--The law
regulates relations between employers, employees, trade unions, and the
Government. The Government's role is limited to ensuring that contracts
meet legal requirements concerning hours and conditions of work. Wages
and other conditions of employment are set between employers, whether
state or private, and employees, with trade union input in some cases.
The Labor Dispute Settlement Commission resolves disputes involving an
individual; disputes involving groups are referred to intermediaries
and arbitrators for reconciliation. If an employer fails to comply with
a recommendation, employees may exercise their right to strike. The law
protects workers' right to participate in trade union activities
without discrimination.
Union members have the right to strike; however, 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. During the
year, there were approximately 8 strikes involving over 1,000 workers.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law specifically
prohibits forced or bonded labor, including forced and bonded labor by
children; however, enforcement was intermittent. In 2000 a foreign-
owned garment factory was discovered to be requiring employees to work
14-hour shifts 7 days a week, deducting unreasonable sums from
paychecks for miscellaneous expenses, and requiring 16- to 18-year-old
workers to work excessive hours. Some members of the military forces in
rural areas were required to help with the fall harvest. In many cases,
prisoners worked to support the detention facility or prison in which
they were held, and detained alcohol abusers and petty criminals
sometimes were required, as part of their sentences, to perform menial
tasks such as street sweeping. Detainees were compensated financially
for their work; prisoners were not, but received credit toward time off
of their sentences.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law in general 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, was 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 was limited due to
the small number of labor inspectors and the growing number of
independent enterprises. In 2000 a foreign-owned garment factory was
found to be employing 16- to 18-year-old workers for periods in excess
of the legal limits (see Section 6.c.).
Children worked informally in petty trade, scavenging in dumpsites,
scavenging coal from abandoned mines and herding animals. Increasing
alcoholism and parental abandonment made it necessary for many children
to have an income in order to support themselves, their siblings, and
sometimes their parents. Estimates of the number of children in the
labor force were as high as 58,000.
Also, due to increasing economic pressures, fewer children,
especially teenage boys in the countryside, were staying in school
until age 18 (see Section 5). These children most often herded family
animals, but reports of such children working in factories or coal
mines increased.
The Government prohibits forced and bonded labor by children, and
generally attempted to enforce this prohibition. However, forced labor
by children did exist in a few circumstances. In 2000 the International
Labor Organization (ILO) established a national office for the
International Program on the Elimination of Child Labor.
e. Acceptable Conditions of Work.--The legal minimum wage
established for the year was under $25 (25,000 tugrik) per month. This
minimum wage, which applied to both public and private sector workers
and was enforced by the Ministry of Social Welfare and Labor, alone was
insufficient to provide a decent standard of living for a worker and
family. Virtually all civil servants earned more than this amount, and
many in private businesses earned considerably more. Some employees
received housing benefits.
The standard legal workweek is 40 hours, and there is a minimum
rest period of 48 hours between workweeks. By law, 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. For those
16 and 17 years of age, the workweek is 36 hours, and overtime work is
not allowed. These laws were generally enforced in practice.
Laws on labor, cooperatives, and enterprises set occupational
health and safety standards. However, the near-total reliance on
outmoded machinery and problems with maintenance and management led to
frequent industrial accidents, particularly in the mining, power, and
construction sectors. Enforcement of occupational health and safety
standards, provided by the Ministry of Social Welfare and Labor, was
inadequate. The labor monitoring unit employed only 70 inspectors to
inspect a growing number of enterprises throughout the country.
However, 42 additional volunteer inspectors from NGOs assisted the
labor monitoring unit in 2001. According to the law, workers have the
right to remove themselves from dangerous work situations and still
retain their jobs. There were a small number of foreign workers in the
country who, in general, enjoyed the same protections as citizens.
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and there was evidence that women and teenagers
working in the sex trade in Asia and Eastern Europe may have been the
victims of trafficking rings. The country was both a source and transit
point for trafficking. Although most officials and NGOs found it
difficult to estimate the extent of the trafficking, increasing
attention was focused on the issue.
The primary targets of trafficking schemes were middle class girls
and young women, ranging in age from 14 to approximately 28 years of
age. These girls and women were lured abroad by offers to study or
work. It was not difficult to traffic persons across the country's
borders. Some NGO experts believe that members of the police sometimes
were involved in trafficking young women and helping facilitate their
movement across borders. In 2001 an NGO began providing training and
education on trafficking for police officials.
__________
NAURU
The Republic of Nauru adopted a modified form of parliamentary
democracy on gaining independence in 1968. The country is governed by a
unicameral Parliament. The Parliament is elected at least triennially
and consists of 18 members from 14 constituencies. It elects the
President, who is both Chief of State and Head of government, from
among its members. The most recent parliamentary elections, held in
2000, were considered free and fair; Parliament elected a new president
in April 2001. The judiciary is independent.
There are no armed forces, although there is a small police force,
with fewer than 100 members, under civilian control.
The population is approximately 10,500. The economy depends almost
entirely on mining of phosphate deposits. The Government-owned Nauru
Phosphate Corporation (NPC) controls the mining industry, and a large
percentage of its earnings were placed in long-term investments meant
to provide national revenue after the phosphate reserves were
exhausted. However, financial mismanagement and corruption has led to a
shortage of basic goods and utilities and some domestic unrest. During
the year, opposition party Naoero Amo (Nauru First) pushed actively for
reform of the NPC.
Media reports indicated that substantial offshore deposits were
associated with the country's banking facilities. The Organization for
Economic Cooperation and Development financial action task force
investigated allegations of money laundering and concluded that new
banking laws passed in December 2001 did not address adequately the
deficiencies in the country's licensing, regulation, and supervision of
its offshore banking sector. The Government continued to sell passports
openly.
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, some human rights
advocates expressed concerns about poor living conditions and alleged
arbitrary detention of asylum seekers held in the country. The country
has a refugee processing and detention center, funded by the Government
of Australia, that held approximately 700 asylum seekers at year's end.
Most were intercepted at sea en route to Australia; Australian
immigration officials continued to process their asylum claims in
coordination with the U.N. High Commissioner for Refugees. Societal
pressures limited women's economic opportunities. Nauru was invited by
the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of arbitrary or unlawful deprivation of life committed by the
Government or its agents.
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 government officials employed them.
The Government attempted to meet international prison standards
within its limited financial means and in accordance with local living
standards. However, prison conditions were basic, and food and
sanitation were limited. There were separate accommodations for
pretrial detainees and convicted prisoners, men and women, and adults
and juveniles.
The country hosted a refugee processing and detention center,
funded by the Government of Australia, that held approximately 700
asylum seekers at year's end. Most of the detainees were citizens of
Afghanistan, Pakistan, and other South Asian countries, were
intercepted at sea en route to Australia, and sought resettlement in
Australia or another developed country. Australian human rights
organizations expressed concern about conditions at the detention
center, including problems with the water quality and the power supply.
Water quality and power supply problems were common in the country as a
whole.
There were no local human rights groups, and the question of visits
to prisons by human rights observers was not raised. Prison visits by
church groups and family members were permitted.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The police may hold a person for no more
than 24 hours without a hearing before a magistrate.
In May the Australia-based Catholic Commission for Justice,
Development and Peace asserted that the detention of asylum seekers in
the country was not being handled in accordance with the Constitution
of Nauru, since these individuals had been detained without first being
brought before a court for a hearing. The Government had not responded
to these assertions by year's end.
The Constitution and law do not prohibit forced exile; however, the
Government did not use it.
e. Denial of Fair Public Trial.--The judiciary is independent, and
constitutional provisions for both a fair hearing and a public trial
generally were respected.
The Supreme Court is the highest court when addressing
constitutional issues; it is presided over by the Chief Justice of
Nauru. The Appellate Court of Nauru, composed of two judges, hears
appeals of Supreme Court decisions on other matters. Parliament cannot
overturn court decisions. Under the Appeals Act, cases may be reviewed
by the High Court of Australia on Criminal and Civil Actions, but this
rarely was done. A Resident Magistrate, who is also the Registrar of
the Supreme Court, presides over the District Court. The Resident
Magistrate also presides over the Family Court as Chairman of a three-
member panel. There are two other quasi-courts established under the
Constitution, the Public Service Appeal Board and the Police Appeal
Board. The Chief Justice of Nauru presides over both as chairman, with
two members for each board.
Defendants may have legal counsel, and a representative for the
defense is appointed when required ``in the interest of justice.''
However, traditional reconciliation mechanisms were used in many cases
rather than the formal legal process--usually by choice but sometimes
under communal rather than governmental pressure. Contract workers from
Kiribati and Tuvalu working in the mining sector did not have recourse
to effective communal assistance, and were disadvantaged in complaints
against citizens. There were only three trained lawyers in the country,
and many persons were represented in court by ``pleaders,'' trained
paralegals certified by the Government (see Sections 6.a. and 6.b.).
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution generally prohibits such actions, and
the Government generally respected these prohibitions in practice.
Searches not sanctioned by court order were prohibited, and there was
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 draw social censure. The
law extends the right of citizenship to both male and female spouses of
citizens, 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 speech and of the press, and the Government generally
respected 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.
The country had no regular print media. Occasional publications
included the Government bulletin. A newsletter called The Visionary was
published sporadically by the opposition party Naoero Amo, and provided
an independent and critical view of the Government. It was particularly
vocal regarding economic crises during the year. In December 2001,
Presidential Counsel David Adeang and Senior Medical Officer Dr. Kieren
Keke (both members of Naoero Amo) were suspended from and later
resigned their government positions following publication in The
Visionary of their comments criticizing the Government's policy toward
asylum seekers. Adeang later became a Member of Parliament. The sole
radio station was owned and operated by the Government; it broadcasts
Radio Australia and British Broadcasting Corporation news reports.
Local television included Nauru TV, which is government owned, as well
as a privately owned sports network.
The Government was the sole Internet service provider in the
country, but did not monitor or censor content.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the Government restricted this right in some cases.
During the year, the Government prevented Mormons and members of
Jehovah's Witnesses from practicing their religion freely on some
occasions, and members of these religions were subjected to arbitrary
licensing and immigration requirements.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
Foreign workers had to apply to their employers for permission to
leave during the period of their contracts. They could 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 were terminated by their employers had to leave the
country within 60 days.
The Government has not formulated a formal policy regarding
refugees, asylees, or first asylum. However, the Government cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. The country has
accommodated asylum seekers as a processing center for Australia. These
asylum seekers were held in facilities funded by the Government of
Australia, with day-to-day supervision provided by officials of the
International Office on Migration and local authorities. At year's end,
some asylum seekers had been resettled, primarily in Australia and New
Zealand; however, approximately 700 remained in detention in Nauru.
Most of this population had been denied refugee status, but not yet
repatriated. None had requested resettlement in Nauru. In May the UNHCR
asked the Government to reconsider its denial of admission to the bar
for several Australian lawyers offering legal assistance to detained
asylum seekers. The Government reportedly had suggested that asylum
seekers instead retain local counsel.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens the right to change their
government. The Government also can be changed through a petition from
the members of Parliament. Although the country's politics is based
more on clan than party membership, persons with diverse points of view
have been elected to Parliament.
Parliament elects the President. There was a change in government
in March 2001, the first change in government since the general
elections in April 2000. A new President was elected by Parliament, and
a new cabinet was convened in April 2001. In March 2002, Chief
Secretary Matthew Batsuia resigned, citing a lack of faith in the
Government. (Chief Secretary is the senior civil service position in
the country.)
During the country's history, all changes in government have been
peaceful and in accordance with the Constitution. In parliamentary
elections, voting by secret ballot is compulsory for all citizens over
the age of 20. There were multiple candidates for all parliamentary
seats during the 2000 elections. Naoero Amo member and former
Presidential Counsel David Adeang was elected to Parliament during the
year, winning a by-election prompted by disputes over the counting of
ballots in his 2000 parliamentary race. New nationwide parliamentary
elections are scheduled to take place in April 2003.
There are no legal impediments to participation in politics by
women. In the past, the dominance of traditional clans in national
politics limited participation by women, and there are no female
Members of Parliament. However, there is growing participation by women
in party-based politics, and women held many senior civil service
positions, including Permanent Secretary and Cabinet Secretary-level
jobs.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no restrictions on establishing local groups that
concern themselves specifically with human rights, but no groups have
been formed. In May the Australian-based Catholic Commission for
Justice, Development and Peace raised concerns about alleged arbitrary
detention of asylum seekers, asserting that the detainees were not
being processed in accordance with the Constitution (see Section 1.d.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination on the basis of race, sex,
disability, language, or social status, and the Government observed
these provisions.
Women.--The Government did not keep track of incidents of physical
and domestic abuse against women. However, credible reports indicated
that sporadic abuse, often aggravated by alcohol use, occurred.
Families normally sought to reconcile such problems informally, and, if
necessary, communally. The judiciary and the Government treated major
incidents and unresolved family disputes seriously.
Spousal rape per se is not a crime, but police will prosecute
charges of rape leveled against a spouse. Prostitution is illegal and
not widespread. Sexual harassment is a crime, and was not a serious
problem.
The law grants women the same freedoms and protections as men. The
Government officially provided equal opportunities in education and
employment, and women were free to own property and pursue private
interests. However, in practice societal pressures limited
opportunities for women to fully exercise these rights. There was a
Women's Affairs Office to promote professional opportunities for women.
Children.--The Government devoted adequate resources for education
and health care for children. Education was compulsory until age 16.
Child abuse statistics do not exist, but alcohol abuse sometimes led to
child neglect or abuse. There were no reported cases of child abuse or
child prostitution during the year.
Persons with Disabilities.--There was no reported discrimination in
employment, education, and the provision of state services to persons
with disabilities. However, no legislation mandated access to public
buildings and services for persons with disabilities. Persons who
applied to the Health Department could obtain government assistance in
building access ramps to homes and workplaces.
There are no formal mechanisms to protect persons with mental
disabilities; however, the Government at times provided essential
services to the families of such persons.
National/Racial/Ethnic Minorities.--Nonnative Pacific Island
workers experienced some discrimination. While foreign workers were
provided free housing, the shelters were often poorly maintained and
overcrowded. In the past, some foreign workers alleged that the police
rarely acted on their complaints against citizens (see Section 6.e.).
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 were no trade unions. Past efforts to form unions were
discouraged officially. The transient nature of the mostly foreign work
force also has hampered efforts to organize the labor force. There were
no prohibitions or limits on the right of unions to affiliate with
international bodies.
b. The Right to Organize and Bargain Collectively.--While there
were no legal impediments, collective bargaining did not take place.
The private sector employed only about one percent of salaried workers.
For government workers, public service regulations determined salaries,
working hours, vacation periods, and other employment matters.
The right to strike is neither protected, prohibited, nor limited
by law. No strikes took place during the year.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution forbids
forced or bonded labor, including forced and bonded labor by children,
and the Government effectively enforced these prohibitions.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law sets age 17 as the minimum age of employment. The
only two large employers, the Government and the NPC, honored this
rule. Some children under the age of 17 worked in small, family-owned
businesses.
The country is not a member of the International Labor Organization
(ILO) and has not ratified ILO Convention 182 on the worst forms of
child labor.
e. Acceptable Conditions of Work.--Minimum wage rates for office
workers and manual laborers provided an adequate, if modest, standard
of living for a worker and family. Most families lived in simple but
adequate housing, and almost every family owned some sort of motor
vehicle. The Government set 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 determined wages for
foreign contract workers based on market conditions and the consumer
price index. Usually foreign workers and their families received free
housing, utilities, medical treatment, and often a food allowance. Some
noncitizen contract workers complained about conditions in company
living compounds. By regulation the workweek for office workers was 36
hours, and for manual laborers, 40 hours in both the public and private
sectors. Neither law nor regulations stipulated a weekly rest period;
however, most workers observed Saturdays and Sundays as holidays.
The Government sets health and safety standards. The NPC had an
active safety program that included an emphasis on worker education and
the use of safety equipment such as helmets, safety shoes, and dust
respirators. The NPC had a safety officer who was specifically
responsible for improving safety standards and compliance throughout
the company.
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking; however, there were no reports that persons were
trafficked to, from, or within the country.
__________
NEW ZEALAND
New Zealand is a parliamentary democracy, with executive authority
vested in a 20-member cabinet led by the Prime Minister. Queen
Elizabeth II is Chief of State and is represented by the Governor
General. The 120-member Parliament is elected in a mixed-member
proportional representation system, with 7 seats reserved for members
of the native Maori population. Citizens periodically choose their
representatives in free and fair multiparty elections. The judiciary is
independent.
The national police maintain internal security under the direction
of the Minister of Police. The civilian authorities maintain effective
control of the security forces. The police committed some abuses during
the year.
The country has a population of approximately 3.9 million. It
produces agricultural products and exports wool, meat, and dairy
products. Tourism, forestry, fishing, and manufacturing were also
significant economic sectors. Disparities in wealth were small but
increasing. Government social programs offered substantial benefits to
disadvantaged persons.
The Government generally respected the human rights of its
citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse. There were some complaints of
police abuses and of violence against women and children; societal
discrimination against persons with disabilities, indigenous people,
Pacific Islanders, and Asians was a problem. The Government generally
respected the human rights of citizens living in its territories of
Tokelau, Niue, and the Cook Islands. New Zealand was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In a case involving a police officer who fatally shot a Maori youth
in 2000, the family of the deceased youth filed the first-ever wrongful
death civil suit against a police officer acting in an official
capacity. In December a jury exonerated the officer and concluded that
he had acted in self-defense. A December investigative report on John
David Bryant, struck and killed by a bus while fleeing police custody,
determined that arresting officers were not responsible for his death.
An independent Police Complaints Authority handles complaints and
can refer cases directly to Parliament. Complaints range from police
use of abusive language to allegations of complicity in deaths. During
the 12-month period ending June 30, the Authority received 2,792
complaints; only 187 complaints were upheld. There were 11 convictions
and 2 acquittals in these cases; police were exonerated in the four
cases involving deaths in custody, pursuit, or while police were
present. The remaining cases were pending 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 law prohibits such practices, and the Government
generally respected these prohibitions in practice.
There were some instances of police abuse during the year; four
cases involved deaths. The Police Complaints Authority accepted 2,792
complaints against the police in the 12-month period ending June 30 and
upheld 137 (see Section 1.a.).
Prison conditions generally met international standards. In 2000
prison overcrowding prompted the Government to begin a major building
program; the Auckland Central Remand Prison, with capacity for 360 male
inmates, opened in July. Four additional men's facilities, with a total
combined capacity of 1,470 beds, are scheduled to open between 2003 and
2006. At year's end, the inmate population was 5,968 and total prison
bed capacity approximately 6,000. Male and female inmates normally were
housed separately, and no women were held in men's prisons during the
year. Since 1999 the Government has been adding prison beds for women,
and at year's end had a total capacity of 344 beds for a female inmate
population of 236. During the year, the Government began a program to
reduce recidivism among female inmates by creating mother-baby feeding
facilities, parenting programs, and enhanced family visitation
opportunities. Babies under 6 months of age were allowed to live with
their mothers in prison, where appropriate. Under the Criminal Justice
Act of 1985, the Minister of Corrections also may grant early release
to an inmate who has given birth while serving a determinate sentence.
Assaults in prisons (mostly inmate on inmate) rose to 120 in the period
July 1999-June 2000 (the latest available statistics) from 97 during
the previous 12-month period. There were 3 suicides during the 12-month
period ending in June, a decline from the previous 12-month period. All
new corrections officers received suicide awareness training, including
tools to manage at-risk inmates effectively.
Maori make up only 15 percent of the general population but were
more than half the prison population. The Government sought to reduce
Maori recidivism through special programs to integrate Maori cultural
values into the rehabilitation program (see Section 5).
Inmates under age 20 constituted approximately 6 percent of the
total prison population. Four special units, providing a peer-based
approach to rehabilitation for inmates under the age of 17 and
vulnerable 17- to 19-year-olds, opened between 1999 and 2001. Juvenile
detainees come under the jurisdiction of Child, Youth, and Family
Services (CYFS) rather than the police. At year's end, CYFS had a
capacity of 143 beds. Despite increases in capacity, a shortage of beds
for youthful offenders continued to be a problem during the year. In
June the Sentencing and Parole Act was temporarily amended to permit
youths aged 15 and older to be remanded to adult facilities. During the
year, juveniles were held in adult remand centers in 2 homicide cases
involving a total of 10 youths.
Pretrial detainees were housed separately from convicted prisoners
to the extent possible.
The Government permitted visits by independent human rights
observers.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
There is no statutory authority for imposing a sentence of exile,
and the Government does not practice forced exile. The Bill of Rights
guarantees every citizen the right to enter the country.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice.
There is an independent judiciary, with the right of appeal to the
Privy Council in London, United Kingdom, although this is rarely
invoked. Within the country, the Court of Appeal was the highest
appellate court; it heard appeals from the High Court, which has
original jurisdiction for major crimes and important civil claims. The
High Court also heard appeals from lower courts and reviewed
administrative actions. Remaining original jurisdiction rested with 110
judges of the district courts. Special courts included the Employment
Court, family courts, youth courts, the Maori Land Court, the Maori
Appellate Court, and the Environment Court.
In December the Government introduced a bill to transfer final
appeals from the Privy Council to the Supreme Court of New Zealand.
Opponents argued that the Supreme Court would be less impartial than
the Privy Council, and the bill was still pending in Parliament at
year's end.
The law provides for the right to a fair trial and affords
defendants the rights found in other common-law jurisdictions. An
independent judiciary generally enforced these rights.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
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 generally respected 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.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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 cooperated with the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations assisting refugees. The Government provides first asylum.
Under its refugee quota, the Government resettles up to 750 UNHCR-
approved refugees per 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 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; the last general elections were
held in July.
Women are accorded full opportunity to participate in political
life. There were 34 women in the 120-seat Parliament. There were 9
women (including the Prime Minister) on the Executive Council, which
comprises 26 ministers (20 within the Cabinet and 6 outside the
Cabinet). The Cabinet included seven women. The Prime Minister, the
former opposition leader, the Attorney General, and the Chief Justice
are women; the Governor General, who represents the Queen, is a woman.
There were 2 women in the 25-seat Parliament of the dependent territory
of the Cook Islands, and 2 women in the 20-seat Parliament of the
dependent territory of Niue.
There were 20 Maori, 3 members of Pacific Island origin, and 1
member each of East and South Asian heritage in Parliament. The first
Muslim Member of Parliament was elected during the year. The Cabinet
included at least 6 members with Maori ancestry.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. 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. The Government also funds the
office of a race relations conciliator, which was integrated into the
National Human Rights Commission in December 2001.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination on the basis of race, sex,
religion, disability, and language, and the Government actively
enforced it.
Women.--Violence against women was a serious and growing problem.
Assaults by males against females increased by more than 5 percent from
6,956 for the 12-month period ending in June 2000 to 7,324 for the 12-
month period ending in June 2001. More recent statistics were not
available. The total number of breaches of the Domestic Violence Act
(including all races) increased from 4,429 for the 12-month period
ending in June 2001 to 5,659 for the 12-month period ending in June
2002.
According to a 1996 National Survey of Crime Victims (the latest
such statistics available), an estimated 20 percent of all Maori, 11
percent of all persons of European ancestry, and 9 percent of all
Pacific Islanders reported domestic abuse by a partner. According to
the Injury Prevention Research Center, 15 to 35 percent of all women
reported having been hit or forced to have sex by their partners at
least once in their lifetime. Although Maori women and children
constituted less than 10 percent of the population, half the women and
children who used the National Council of Independent Women's Refuges
were Maori. According to 1998 government statistics, 5,056 men were
prosecuted for domestic assault and approximately 1,000 on less serious
family violence charges. In this study, Maori men constituted 41
percent of men convicted of assaulting a woman and 43 percent of men
convicted of assaulting a child. Disproportionately high rates of
domestic abuse also were documented among Pacific Islander families.
Convictions for ``male assaults female'' (all races) increased 30
percent from 2000 to 2001, rising from 2,240 to 2,921 cases. Assaults
on a child increased nearly 60 percent in the same period, from 186 to
296 cases. However, convictions for breaching protection orders under
the Domestic Violence Act fell 46 percent, from 4,429 to 2,366.
The law penalizes spousal rape. The Government prosecuted and
convicted persons on this charge during the year; however, specific
statistics were not available. The National Collective of Rape Crisis
groups disbanded during the year; however, local groups continued to be
active. Rape crisis groups asserted that most sexual assault cases went
unreported and that only a small percentage of reported cases resulted
in convictions.
The 1995 Domestic Violence Act 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. As of June 30, 2001, the family court had received
22,369 applications for protection orders under the Act.
In March the Government introduced ``Te Rito,'' a national strategy
to combat domestic violence. It included a range of programs to expand
initiatives for prevention of family violence, provide victim support,
incorporate best practices from family violence centers into the
national family violence programs, ensure safety from violence, and
ensure that approaches to family violence were culturally relevant and
effective for minority populations, such as the implementation of
Maori-designed and delivered programs. The Government partially funded
women's shelters, rape crisis centers, sexual abuse counseling, family
violence networks, and violence prevention services.
Female genital mutilation (FGM) is not traditionally practiced in
the country. However, in the mid-1990s, cases of FGM were documented in
the Somali, Sudanese, and Ethiopian immigrant communities. A 1996 law
made it illegal to perform FGM or to remove a child from the country to
carry out the procedure; violations of the law are punishable by up to
7 years in prison. The Government also funded a national FGM education
program. During the year, the Government sponsored ongoing public
awareness campaigns to address FGM, a child protection network, and a
special clinic at the country's largest women's hospital. There were no
FGM cases reported during the year.
Prostitution is legal; however, organizing and recruiting women
into prostitution is not. The law prohibits sex tourism, and citizens
who commit child sex offenses overseas can be prosecuted in New Zealand
courts (see Section 5). There were no reports of abuse or the
involuntary detention of women involved in prostitution during the
year; however, there were several credible reports that women smuggled
into the country were forced into prostitution to repay substantial
debts to traffickers. There were also reports that some foreign
commercial sex workers had their passports withheld by employers until
bonds were repaid (see Sections 6.c. and 6.f.).
The law prohibits sexual harassment; however, it was a serious
problem. In a survey commissioned by the National Human Rights
Commission in 2001, 31 percent of women and 13 percent of men reported
experiences of sexual harassment. In September 2001, the commission
started a Sexual Harassment Prevention Campaign, including a week
focused on the issue.
While the law prohibits discrimination in employment and in rates
of pay for equal or similar work, the Government acknowledged that a
gender earnings gap persisted in practice. Statistics as of August
indicated that women earned 76 percent of men's average total wage and
84.4 percent of men's average ordinary hourly wage.
Children.--The law provides specific safeguards for children's
rights and protection. The Government demonstrated its commitment to
children's rights and welfare through its well-funded systems of public
education and medical care. In November 2001, the Government instituted
12 weeks of government-funded, paid parental leave to care for children
born after July 2002. Established in 1989, the office of the
Commissioner for Children played a key role in monitoring violence and
abuse against children.
The law provides for compulsory, free, and universal education
through age 16, and the Government effectively enforced the law. The
Government provided free health care to all children under age 5.
Child abuse continued to gain significant attention. During the
year, there were approximately 2,026 reported cases of physical abuse,
1,262 cases of sexual abuse, and 2,121 cases of severe emotional abuse
of children. In 2000 (the most recent statistics available), 2 children
under age 15 died in assaults, down from 12 in 1997. In the past, the
Government reported that Maori children were four times as likely as
non-Maori children to require hospital care for injuries resulting from
deliberate harm. In August 2000, the Government instituted an expanded
program of information sharing between the courts and health and child
protection agencies to identify children at risk of abuse.
Notifications to child protection agencies of at-risk children
increased by 4 percent on an annualized basis as a result of this
program. Applications to family court requested protection for 22,948
children during the year.
A January study published by the Ministry of Justice concluded on
the basis of anecdotal evidence that child prostitution was a growing
problem throughout the country. In 2001 the Government had published a
National Plan of Action against the Commercial Exploitation of Children
developed in concert with nongovernmental organizations (NGOS).
Assistance programs for victims of debt bondage were implemented
through the Human Rights Commission, the Mayor of Auckland, the police,
the Immigration Service, and NGOs including ECPAT NZ, the Prostitutes
Collective, and Shakti Asian Women's Refuge. Other initiatives included
pamphlets about the unacceptability of child prostitution, and peer
counseling programs. In August a man was fined $625 ($NZ 1,300) and
sentenced to community service for possession of child pornography.
In 1995 the Government introduced extraterritorial jurisdiction
over child sex offenses committed by the country's citizens abroad. In
February an 18-year-old man was convicted under this law for committing
indecencies with a 13-year-old child while in a foreign country; he was
sentenced to 5 months' imprisonment and a fine. In July a citizen was
extradited to India on charges of sexually exploiting children in a Goa
orphanage in the mid-1990s.
In the mid-1990s, there were a small number of documented FGM
cases, most involving young girls, in Somali, Sudanese, and Ethiopian
immigrant communities. However, there were no documented cases of FGM
during the year (see Section 5, Women).
Incidents of trafficking in children for sexual purposes have been
documented; however, there were no such cases during the year. The
Government worked with the NGO ECPAT NZ to combat trafficking in
children (see Section 6.f.).
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
places and facilities, and the provision of goods, services, and
accommodation. Compliance with access laws varied. The Government is
prohibited from discrimination on the basis of disability, mental or
physical, unless such discrimination can be ``demonstrably justified in
a free, democratic society.'' The Human Rights Commission reported that
during the year, it continued to receive more complaints of
discrimination based on disability than for any other type of
discrimination. The International Labor Organization (ILO) has
criticized the Government for not collecting adequate data regarding
the employment of persons with disabilities.
In 2001 the Human Rights Commission funded a public campaign
featuring prominent citizens who had suffered from mental disabilities,
and continued to address mental health issues in its overall
antidiscrimination efforts during the year.
Indigenous Persons.--Approximately 15 percent of the population
claim at least one ancestor from the country's indigenous Maori or
Moriori minorities. The law prohibits discrimination against the
indigenous population; however, the Government's May 2000 Closing the
Gaps report noted a continuing pattern of disproportionate numbers of
Maori on unemployment and welfare rolls, in prison, among school
dropouts, in infant mortality statistics, and among single-parent
households. For example, the official Maori unemployment rate (12.3
percent) was more than three times that of non-Maori. Maori officials
continued to express concern over the Government's November 2000
announcement of a shift in its Closing the Gaps strategy to address
socioeconomic rather than race-based disparities.
Maori inmates constituted more than half the prison population. The
Government addressed the problem of recidivism among Maori through
Maori focus units and special cultural assessments of Maori offenders.
Five Maori focus units, involving approximately 300 inmates, integrated
Maori values into the prison rehabilitation program. A special program
for Maori sex offenders, Kia Marama, halved the rate of recidivism
among participants.
Government policy recognizes a special role for indigenous people
and their traditional values and customs, including cultural and
environmental issues impacting commercial development. The Ministry of
Maori Development, in cooperation with several Maori NGOs, sought to
improve the status of indigenous people. A special tribunal continued
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, experienced societal discrimination
similar to that experienced by Maori. Pacific Islanders also were
overrepresented in the prison system, accounting for 10 percent of
inmates. In June the Department of Corrections introduced its first-
ever strategy to reduce the crime rate among Pacific Islanders through
the use of culturally based techniques. Asians, who make up less than 5
percent of the population, also reported discrimination.
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 federation
that includes unions representing various trades and locations. In
August 2000, the Council of Trade Unions merged with the second-largest
labor federation, the New Zealand Trade Union Federation. As a result,
nearly all unionized workers are members of the Council of Trade
Unions. A few small, independent labor unions also exist.
Labor organization is rudimentary in the territory of Tokelau
(population 1,500) and in the Freely Associated State of Niue
(population 1,700). In the more developed Associated State of the Cook
Islands (population 19,000), most workers in the public sector, the
major employer, belonged to the Cook Islands Workers' Association, an
independent local union. Industrial relations in the Cook Islands are
governed by a simplified version of national legislation.
The law protects unions from governmental interference, suspension,
and dissolution.
The law prohibits uniformed members of the armed forces from
organizing unions and bargaining collectively. Under the law, ``sworn
police officers'' (which includes all uniformed and plainclothes police
but excludes 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.
The law prohibits antiunion discrimination against members and
organizers. In July the courts fined a major company for a September
2001 incident in which union organizers conducting a labor compliance
survey at the company facility were arrested for trespassing.
Unions may 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 was observed in practice.
Unions influenced legislation and government policy. Some unions
were affiliated with the Labor Party; others operated independently of
political parties; all were free to support parties whose policies they
favored. Unions represented approximately 21 percent of all wage
earners.
In 2000 the Government significantly changed the law governing
industrial relations, repealing the Employment Contracts Act of 1991
and replacing it with the Employment Relations Act (ERA). The ERA
promotes collective bargaining, strengthens unions, and requires that
parties to an employment agreement bargain in good faith to achieve
either a collective or individual employment agreement. The act also
promotes mediation and attempts to reduce the need for judicial
intervention. Under the ERA, employment relationships are based on
contracts. Individual employees and employers may choose to conduct
negotiations for employment contracts on their own behalf or may
authorize any other person or organization to do so on their behalf.
Although choosing a union is entirely voluntary, unions remained the
most common agents used by workers to negotiate with employers.
Employers must recognize a representative authorized by an employee or
employees.
In 2001 the Freedom of Association Committee of the International
Labor Organization (ILO) ruled that the ERA promoted collective
bargaining. (In 1994, the ILO had ruled that the Employment Contracts
Act of 1991 did not, and that it limited freedom of association and the
right to strike in a manner inconsistent with ILO conventions.)
The Government does not control mediation and arbitration
procedures. The ERA strongly encourages mediation and requires that the
majority of employment disputes first proceed through mediation. It
also established the Employment Relations Authority as an investigative
body to establish the facts of an employment relationship dispute and
to make a determination according to the merits of the case. There is
also an Employment Court with exclusive jurisdiction over employment
matters. Appeals from the Employment Court to the Court of Appeal are
possible. Firing an employee for union activities is grounds for a
finding of unjustified dismissal and may result in reinstatement and
financial compensation. Other than police and armed forces personnel,
public services employees, including essential service employees such
as prison workers, may organize and strike. Disputes that cannot be
settled by negotiation between the Police Association and management
are subject to compulsory, final-offer arbitration.
Sympathy strikes, secondary strikes, and strikes over social or
political causes are illegal.
Unions often exercised the right to strike. Significant limitations
on the right to strike were eliminated when the ERA replaced the
Employment Contracts Act; unions no longer are limited to strikes
related to the negotiation of a collective contract and may strike in
pursuit of multiemployer contracts across an entire economic sector.
During the 12 months that ended in June, there were 46 work
stoppages, involving approximately 24,580 workers and the loss of
approximately $3.8 million ($NZ7.9 million) in wages and salaries. This
represented a 39.4 percent increase in the number of work stoppages
compared with the previous reporting period (July 2000-June 2001),
involving 350 percent more workers and a 170 percent increase in lost
wages and salaries.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children. Inspection and legal penalties
ensured respect for provisions against forced labor. There were no
reports of the involuntary detention of women involved in prostitution;
however, there were reports that some foreign commercial sex workers
had their passports held by employers until bonds were repaid.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Department of Labor inspectors effectively enforced 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. 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.--A 40-hour workweek is
traditional. There are legal limits regarding hours worked; for
example, professional drivers must have a 24-hour rest period after an
11-hour day. There is premium pay for overtime work. The law does not
provide specifically for a 24-hour rest period weekly; however,
management and labor have accepted the practice, and it was the norm.
The law provides for a minimum 3-week annual paid vacation and 11 paid
public holidays. In 2000 the Government mandated an hourly minimum wage
of approximately $3.70 ($NZ7.70) and lowered the minimum age of
eligibility for this wage to cover workers ages 18 to 20. Combined with
other regularly provided entitlements and welfare benefits for low-
income earners, this wage was generally adequate to provide a decent
standard of living for a worker and family. There is a separate youth
minimum wage for younger workers (ages 16 to 17), which was increased
in March to approximately $2.95 ($NZ6.15). A majority of the work force
earned more than the minimum wage.
Extensive laws and regulations govern health and safety issues.
Under these rules, 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.
As a result of union criticism, the law was under review by Parliament;
however, at year's end there had been no action resulting from the
review. 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
effectively enforced safety and health rules, and they had 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. Inspectors could issue notices of
deficiencies and bring prosecutorial action to enforce workplace
safety. Workers had the right to withdraw from a dangerous work
situation without jeopardy to continued employment.
Labor laws were applied to foreign workers and citizens in the same
manner.
f. Trafficking in Persons.--The country has been a destination for
internationally trafficked persons and, to a lesser extent, a transit
point for persons being trafficked to the United States and other
countries. During the year, the Government passed new legislation to
criminalize alien smuggling and trafficking in persons, with penalties
of up to 20 years in prison and fines of up to $240,385 ($NZ 500,000).
Laws against child sexual exploitation and slavery carry penalties of
up to 14 years in prison. Trafficking in women and children
(particularly from Thailand) to work in the sex industry has been a
problem. In 1999 a number of women from Thailand coerced into working
in the sex industry were identified, rescued, and repatriated. In 1999
and 2000, domestic NGOs and the Human Rights Commission assisted in the
repatriation of six of these women. Also in 1999, seven Thai women were
freed from slave labor conditions in an Auckland factory. The
Government responded to these incidents with assistance programs for
affected individuals, and, in January 2001, imposed a visa requirement
for Thai nationals. Since that time, no new cases of internationally
trafficked persons have been brought to the attention of the
authorities; however, there were reports that undocumented Thai and
Chinese were forced to work in the sex industry to repay debts to
smugglers.
During the year, there was a credible report of a Niuean woman
lured onto a cargo ship bound for Ecuador in 1987; she returned home in
2002 and indicated she had been forced into prostitution in Ecuador
because of destitution.
The Government worked with an NGO, ECPAT NZ, to combat trafficking
in children. There were no documented incidents of trafficking in
children for sexual purposes during the year.
The Government provided funding for the Human Rights Commission to
coordinate antitrafficking activities, for health services for
trafficked persons, and for the New Zealand Prostitutes Collective to
provide peer counseling and assistance to trafficked persons. The major
urban areas have support networks for trafficked individuals, including
mechanisms to provide safehouses and repatriation. Antitrafficking
campaigns have included literature on how to escape from prostitution,
translated into the Thai language and distributed throughout the
commercial sex worker areas in Auckland.
----------
PALAU
Palau, formerly a U.N. trusteeship administered by the United
States, became an independent nation in free association with the
United States on October 1, 1994. The democratically elected government
is modeled after that of the United States. The Constitution provides
for executive and legislative branches and free and fair elections.
Members of the legislature, the Olbiil Era Kelulau, are elected for 4-
year terms. The President and Vice President also are elected for 4-
year terms. In the November 2000 general elections, Vice President
Tommy E. Remengesau, Jr., won the presidential race and Senator Sandra
S. Pierantozzi became the first woman Vice President. The country is
organized politically into 16 states. The judiciary is independent.
The country has no security forces other than local police and
civilian law enforcement personnel; all are under the effective control
of the civilian authorities. The country also has a Marine Law
Enforcement Division that patrols its borders with assistance from the
Australian government. Under the Compact of Free Association, the
United States is responsible for the country's defense.
The small, market-based economy was sustained largely by transfer
payments from the United States. The country's population is
approximately 19,100. The Government employed nearly half of the work
force. Tourism and other service sectors accounted for most other paid
employment. Tuna, harvested by foreign-operated fleets, was the
dominant export. Several small-scale operations, employing foreign
workers, assembled clothing from imported materials for export.
Traditional subsistence agriculture and fishing diminished as persons
moved to urban areas in search of employment. An increasing number of
Chinese farmers operated vegetable farms that competed with indigenous
farmers; most indigenous farmers worked and sold what they produced
from their own land.
The Government generally respected the human rights of its
citizens; however, there were problems in a few areas. Traditional
customs sustain a value system that discriminates between persons on
the basis of social status and sex. The loosening ties of the extended
family and the increasing abuse of alcohol and other drugs were major
contributing factors that led to instances of domestic violence and
child neglect. Societal discrimination and some abuse against certain
foreign workers, who accounted for nearly 30 percent of the population
and 73 percent of the paid work force, were also serious problems.
There were reports of persons being trafficked to the country from the
People's Republic of China (PRC), the Philippines, and Taiwan. Palau
was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
Members of the Palau Red Cross Society, which is affiliated with the
International Federation of Red Cross and Red Crescent Societies, have
visited the country's sole prison. The prison also was inspected
regularly by government health and sanitation officials. The prison has
separate quarters for men, women, juveniles, and pretrial detainees.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Warrants for arrests are prepared by the Office of the Attorney
General and signed by a judge. Detainees had prompt access to families
and lawyers. If a detainee could not afford a lawyer, the Public
Defender or a court-appointed lawyer was available. There was a
functioning system of bail. Lengthy pretrial detention was not a
problem.
The Constitution prohibits forced exile, and the Government did not
use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judiciary consists of 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 generally enforced
this right vigorously.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected 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.
The Internet was easily accessible; the Government did not control
or limit its use.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Government did not promote or restrain religious activities;
however, it regulated the establishment of religious organizations by
requiring them to obtain charters as nonprofit organizations from the
office of the Attorney General. This registration process was not
protracted, and the Government did not deny any groups registration
during the year.
Employers complained to the Division of Labor in the Ministry of
Commerce and Trade that the religious practices of Bangladeshi Muslims
interfered both with activity in the workplace and with the living
arrangements of the employing families. In response the Ministry
decided in 1998 to deny work permits to Bangladeshi workers in the
future. On July 21, the Ministry extended this policy to Indians and
Sri Lankans, both Muslims and non-Muslims. Workers already in the
country were not expelled.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
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 return of persons to a
country where they feared persecution or the expulsion of anyone having
a valid claim to refugee status. The issue of cooperation with the
Office of the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees has never arisen. In
late 2001, the Government denied a request by the Australian government
that the country become a processing point for asylum seekers trying to
reach Australia.
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 Constitution provides for executive and legislative branches.
The legislature, the Olbiil Era Kelulau, consists of 2 equal houses:
The 9-member Senate and the 16-member House of Delegates. The President
and Vice President are elected by popular vote and have no limit on the
number of their terms, except that the President may only serve two
consecutive terms. Although there have been political parties in the
past, there were none during the year. In the November 2000 general
elections, Vice President Tommy E. Remengesau, Jr., won the
presidential race, and Senator Sandra S. Pierantozzi became the first
woman Vice President.
There were no legal impediments to women participating in
government and politics. Women constituted 18 percent of state
government legislators, up from 11 percent in 2001. A woman is governor
of 1 of the 16 states. No women were elected to the Olbiil Era Kelulau
in the 2000 election.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restraint, investigating and
publishing their findings on human rights issues. Government officials
were cooperative and responsive to their views.
The Palau Red Cross Society opened its office in 1996, and in 1997
it joined the International Federation of Red Cross and Red Crescent
Societies.
Section 5. Discrimination Based on Race, Sex, 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 observed these provisions.
Women.--There were many incidents of violence against women, mainly
domestic abuse. Alcohol and illegal drug abuse increasingly contributed
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. Although assault is a
criminal offense, women were reluctant to prosecute their spouses.
The law prohibits rape, including spousal rape; however, such
crimes were not common. The Bureau of Public Health and the Bureau of
Public Safety have urged all victims of crime, including rape, to
report offenses.
Prostitution was a problem; during the year, the Attorney General
successfully prosecuted three cases of prostitution involving nine PRC
citizens. All nine were deported. A citizen accused of employing four
of the PRC citizens was successfully prosecuted and sentenced to
prison.
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
human resources and clinical services. There were no reported instances
of unequal pay for equal work or sex-related job discrimination.
Since 1993 local women's groups have organized an annual women's
conference that focuses on women's and children's issues, including
health, education, drug abuse, prostitution, and traditional customs
and values. Government officials, including the President, Vice
President, ministers, and traditional chiefs, have participated in the
conference to discuss these issues. Women's group leaders and
government officials agreed that changes were needed to improve the
country's educational system and to reduce illegal drug use among
youth. The women's conference held in March continued its focus on
previous issues and problems.
Children.--The Government provided a well-funded system of public
education and medical care for children. There was no difference in the
treatment of girls and boys in educational opportunities, or in the
availability of scholarships to attend postsecondary education abroad.
Education was mandatory from ages 6 to 17. It was free and universal.
Ninety-four percent of school-age children attended school; of these,
97 percent finished elementary school, and 78 percent completed high
school. Girls and boys received equal treatment in health care
services.
There was no societal pattern of abuse directed against children.
While there have been a few instances of child abuse, cases have been
prosecuted successfully by the office of the Attorney General. While
children's rights generally were respected, there were reports of
several instances of child neglect, which was a byproduct of the
breakdown of the extended family. Child prostitution was neither
accepted within society nor practiced.
Government officials and representatives from nongovernmental
organizations agreed that changes were needed to improve the
educational system and to reduce illegal drug abuse among youth.
Persons with Disabilities.--The National Code includes a Disabled
Persons Antidiscrimination Act and a Handicapped Children Act, and the
Government enforced the provisions of these acts. No instances of
discrimination against persons with disabilities were reported. The law
requires building access for persons with disabilities, and most
government and business buildings have access for such persons. The
public schools have established special education programs to address
problems encountered by persons with disabilities.
National/Racial/Ethnic Minorities.--Noncitizens are prohibited from
purchasing land or obtaining citizenship. The rapid increase in foreign
workers, who according to the May 2000 census constituted nearly 30
percent of the population and 73 percent of the work force, was viewed
negatively by a majority of citizens. Foreign residents were subject to
some forms of discrimination and were targets of petty, and sometimes
violent, crimes, as well as other random acts against person and
property. Credible complaints were made by foreign residents that
crimes against noncitizens were not pursued or prosecuted by
authorities with the same vigor as crimes against citizens. Certain
foreign nationals experienced generalized discrimination in employment,
pay, housing, education, and access to social services, although such
discrimination is prohibited by law. While precise data was lacking,
there continued to be anecdotal reports regarding the abuse of workers'
civil rights perpetrated against domestic servants, female bar workers,
construction laborers, and other semiskilled workers, the majority of
whom were from the Philippines, the PRC, and Taiwan. The most common
abuses included misrepresentation of contract terms and conditions of
employment, withholding of pay or benefits, and, at times, physical
abuse (see Section 6.e.). In a number of instances, local authorities
took corrective action when alerted by social service and religious
organizations to which foreign workers had turned for assistance.
Nonetheless, foreign workers often were 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 join and organize labor
unions. There were no active employee organizations.
b. The Right to Organize and Bargain Collectively.--There is no
legislation concerning trade union organization, including collective
bargaining, although there were no legal impediments to either. Wages
in the cash economy were determined by market factors.
The Constitution does not provide for the right to strike, and the
Government has not addressed this issue. There were no strikes during
the year.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits slavery or involuntary servitude except to punish crime. The
law does not prohibit specifically forced and bonded labor by children;
however, there were no reports that such practices occurred. Instances
were reported of foreign workers, especially domestic helpers and
unskilled laborers, who were forced to accept 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 verbal
threats or the withholding of passports and return tickets to the
country in which they were recruited.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution states that the Government shall protect
children from exploitation. There is no minimum age for employment.
Children typically were not employed in the wage economy, but some
assisted their families with fishing, agriculture, and other small-
scale family enterprises. By regulation no foreigner under the age of
21 may be admitted into the country for employment purposes, and the
Government enforced this regulation effectively.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The law sets the minimum wage at
$2.50 per hour. Foreign workers are not included under the minimum wage
law. The minimum wage appeared to be sufficient to provide a decent
standard of living for a worker and family. Anecdotal evidence
indicated that unskilled workers for commercial firms (usually
foreigners) were paid only $1.50 to $2.00 per hour. However, foreign
workers usually were provided, in addition to their wages, basic
accommodations and food at no or nominal cost. Although these wages
were low, the country continued to attract large numbers of foreign
workers from the Philippines and the PRC. There were more than 7,500
foreign nationals with work permits in the country; over half were from
the Philippines, followed by the PRC, Korea, Indonesia, and Vietnam.
The Korean, Indonesian, and Vietnamese workers were employed by a
Korean-based firm on a road project. Since 1998 the Philippine Embassy
has been working closely with the Government's Labor Division to
resolve problems created by falsified documents, and it interceded in
several cases involving allegations of worker abuse during the year; it
also assisted in the repatriation of several workers.
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 was sporadic.
Working conditions varied in practice. No law specifically gives
workers the right to remove themselves from situations that endanger
their health or safety without jeopardy to their continued employment,
and no law protects workers who file complaints about such conditions.
As the number of foreign workers increased, there continued to be
increasing numbers of reports of mistreatment of such workers by their
employers. These incidents of alleged mistreatment were common
knowledge among the general public but were rarely reported to law
enforcement authorities by the foreign workers due to fear of their
employers. Some types of mistreatment that foreign workers consistently
complained about included physical and verbal abuse; being required to
work overtime and on days off without pay; employers withholding
monthly salary; employers and recruiters deducting the amount of
airfare from salaries; and substandard housing. Some workers also
complained that they were not provided sufficient food. The foreign
workers most likely to be abused were those who worked under contracts
and earned between $150 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 were to be provided room and board and air travel
from their home country to Palau and back after the termination of
their contracts. It was generally 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.
f. Trafficking in Persons.--Neither the Constitution nor the law
prohibit specifically trafficking in persons; however, there are laws
against slavery, fraud, and prostitution. There were reports of women
and some men being trafficked to the country from the PRC, Taiwan, and
the Philippines to work in karaoke bars as hostesses and prostitutes,
as domestics in private homes, and on construction sites. Following
complaints to police by several of the women, four PRC nationals were
arrested, tried, convicted of conspiracy to commit prostitution (1-year
sentence suspended), fined $1,000, and deported in 2001. In 1999 six
Russian women were lured to the country with promises of legal
employment; however, upon arrival they were forced to engage in
prostitution. The freedom of foreign workers to leave employment
situations not to their liking or into which they were forced may be
hindered by verbal threats or the withholding of passports and return
tickets to the country in which they were recruited (see Section 6.c.).
The Divisions of Immigration and Labor are involved in combating
trafficking; however, the Government lacked funding and expertise to
address the problem in practice. There was no formalized assistance
available for victims, and victims normally were detained, jailed, or
deported if they committed a crime such as prostitution. There were no
NGOs that specifically addressed trafficking.
__________
PAPUA NEW GUINEA
Papua New Guinea has a federal parliamentary system, based on
universal adult suffrage with periodic free and fair elections. The
most recent general elections were in June. The judiciary is
independent.
The Government has constitutional authority over the Defense Force,
the Royal Papua New Guinea Constabulary, and the National Intelligence
Organization. Members of the constabulary committed serious human
rights abuses.
The population is just over 5.1 million, and there are more than
800 distinct indigenous languages. The economy relies heavily on
commodity exports, and low world commodity prices and lack of political
will to implement sound economic policies resulted in persistent
macroeconomic stagnation. Crime, especially in urban areas, was a
critical problem. Approximately 85 percent of the population resided in
isolated villages and engaged in subsistence and smallholder
agriculture. For a majority of citizens, income and educational levels
were low, and infant and maternal mortality rates were high.
The Government generally respected the human rights of its
citizens; however, there were serious problems in some areas. Police
committed arbitrary or unlawful killings, used excessive force when
arresting and interrogating 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 hearings and increased pretrial detention periods. Police
infringed on citizens' privacy rights. The Government continued to
limit freedom of assembly in the form of marches or demonstrations.
Extensive violence and discrimination against women were problems, and
abuse of children appeared to be a growing problem. Discrimination
against persons with disabilities persisted, and violence between
tribes remained a serious problem. Papua New Guinea was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The police killed
several persons during the year. According to police reports, most
killings occurred during gunfights with criminal suspects who were
resisting arrest. There were no deaths in custody during the year, but
incidents of serious beatings were reported.
During the June elections (see Section 3), 35 persons were killed
in election-related tribal fighting in the Southern Highlands.
In June 2001, police officers fired weapons during demonstrations
organized by university students in Port Moresby (see Section 2.b.),
killing 4 persons and injuring approximately 20 persons. The Government
imposed a nighttime curfew in Port Moresby for the following 2 months.
The Government also ordered an independent inquiry by a former judge
into the shootings. At year's end, the results of the inquiry had not
been released to the public.
In 2000 police beat a youth to death in front of bystanders in Port
Moresby and, in another Port Moresby case, police apprehended an
intoxicated man whose corpse subsequently was discovered in an isolated
area. During the year, no action was taken against the police in these
cases.
There were several cases of police shootings during the year,
particularly during election-related violence in June and July. 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 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.
No human rights violations were reported in connection with
military operations during the year. Although four soldiers suspected
of complicity in the 1996 killing of Bougainville Transitional
government Premier Theodore Miriung were questioned in 1999, no arrests
were made. In July the Government declared an amnesty for all
combatants in the conflict; this ended any possibility of prosecution
in this case.
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, interrogations, and in pretrial detention. Although
abuses such as citizens being permitted to beat suspects and the rape
of female detainees by police reportedly did not occur during the year,
no action was taken against offenders from previous years.
Prison conditions were poor. There were more than 3,300 detainees
according to the Minister for Correctional Services, of whom 90 percent
were male. There were 53 juvenile prisoners. During the year, 15 of the
country's 17 jails were operational. The prison system suffered from
serious underfunding. Prisons closed in 2000 because of life-
threatening conditions remained closed, and there has been no new
construction. Some prisons in urban areas were seriously overcrowded.
In rural areas, infrequent court sessions and bail restrictions for
certain crimes exacerbated overcrowding (see Section 1.d.). There were
no reports of deaths in prisons. Male and female inmates were housed
separately. Prisoners were often confined in crowded conditions in
police stations. Prison guards' living conditions were as poor as those
of the prisoners. Prison breakouts were common.
The Government permitted prison visits by human rights observers.
d. Arbitrary Arrest, Detention, or Exile.--The courts generally
enforced constitutional protections against arbitrary arrest and
detention. Under the law, 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.
Arrested suspects 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 were often held in pretrial detention for long periods of
time. Pretrial remand is subject to strict judicial review through
continuing pretrial consultations, especially at the National Court
level; the slow pace of police investigations and occasional political
interference frequently delayed cases for months. Additionally, circuit
court sittings were infrequent because of a shortage of judges and
funds, delaying both the trial process and the rendering of decisions.
Some detainees have been held in jail for more than 2 years because of
the shortage of judges. During the year, the Government increased the
number of full-time judges and took steps to expand training of the
judiciary.
Forced exile is prohibited by the Constitution and was not used.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
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 also are 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 enforced 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 created 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 Constitution prohibits such action; however, there
were instances of abuse. In January 2000, heavily armed police searched
the home of a man accused of a nonviolent offense. Subsequently, the
court agreed that the search was politically inspired and police
methods were excessive and contrary to constitutional protections of
privacy; however, no action was taken against the police. Although
provisions in the Constitution require warrants, the police continued
to conduct warrantless searches and raids. Paramilitary police units
operating in highlands regions used intimidation and destruction of
property to suppress tribal fighting (see Section 5). The extent of
such tribal fighting was unknown, and many incidents were not reported.
During the June elections, 35 persons were killed in election-related
tribal fighting in the Southern Highlands (see Section 1.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, and the Government generally
respected these rights in practice.
The media provided independent coverage and analysis of major
issues, including accusations of corruption in government and excessive
use of force by police officers.
The combined circulation of 2 daily English-language newspapers was
less than 60,000. Two weekly newspapers, one in English and one in
Melanesian Pidgin (the national lingua franca) were also published. All
freely expressed a variety of editorial viewpoints and reported on
controversial issues such as alleged abuses by police, cases of alleged
corruption by government officials, and political opposition views.
The television broadcasting company, EMTV, is government
controlled; however, two cable companies are independent. Television
reception was limited mostly to the capital and provincial centers. The
Government-owned National Broadcasting Corporation operated two radio
networks whose effectiveness was limited by inadequate funding and
deteriorating equipment. A privately owned radio network, NAU-FM, was
popular in Port Moresby and was expanding to other areas of the
country. There were local radio stations in cities other than Port
Moresby.
Internet access was privately operated and becoming common in
cities.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government limited this
right in practice. Public demonstrations required police approval and
14-days' notice. Police asserted that they feared violence from unruly
spectators and rarely gave approval. In June 2001, police fired on
students during a demonstration (see Section 1.a.).
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Associations
wishing to open a bank account and conduct financial transactions must
register. The process of registration was slowed by bureaucratic
inefficiency, but there was no policy of denying registration.
International affiliation of church and civic groups was permitted
freely.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
It was the policy of the Department of Education to set aside 1
hour per week for religious instruction in the public schools.
Religious representatives taught the lessons, and the students attended
the class operated by the denomination of their parents' choice.
Children whose parents did not wish them to attend the classes were
excused.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
In August 2001, the Government signed a peace agreement with
Bougainville militants. Persons displaced by the civil war have safely
returned to their homes.
Although a party to the 1951 U.N. Convention Relating to the Status
of Refugees and its 1967 Protocol, the Government has not enacted
enabling legislation. A reservation to the Convention regarding the
issuance of travel documents restricted the travel of some persons from
the Indonesian province of West Papua (formerly Irian Jaya) living in a
refugee camp in the western part of the country. There were 340 persons
from West Papua living in a camp in Vanimo, near the Indonesian border.
The Government cooperated with the U.N. High Commissioner for Refugees
(UNHCR) and has not forced any persons to return to countries where
they feared persecution. During the year, the Government provided first
asylum for several hundred persons who fled West Papua. Several hundred
more lived in informal, unrecognized camps adjacent to the border with
Indonesia. The Government cooperated with the UNHCR in assisting the
West Papuans living in the East Awin refugee camp in Western Province
and has administered the camp since 1996, when the UNHCR office closed.
The Government has a policy of limited integration for West Papuans
with certain skills or other qualifications, who were accorded limited
residency status and permitted to leave the refugee settlement. Those
who violated conditions of their residency could be repatriated, but
there were no known forced returns of West Papuans to Indonesia.
Several thousand persons lived in tribes along the borders and moved
freely between the two countries, although border tensions had
increased at year's end. The Government, with UNHCR assistance,
interviewed claimants in Vanimo for refugee resettlement or possible
repatriation. At year's end, approximately 100 persons remained in the
camp pending final determination of their claims. Approximately 50
migrants interdicted at sea whose refugee claims were not approved
remained at the Manus Island camp pending final appeals and possible
repatriation. NGOs were granted access to this population.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Voters elect a unicameral parliament with 109 members from all 19
provinces and the National Capital District. Any citizen may 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. Of the 109
seats in Parliament, 77 changed hands. A coalition government, led by
Prime Minister Michael Somare, formed following the election. Fraud,
voter intimidation, theft of ballot boxes, and violence including rape
and murder marred the election in some parts of the country. As a
result, the polls were declared failed in six electoral districts in
the Southern Highlands and new elections were projected for an
unspecified date in 2003.
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 time consuming and expensive both to initiate and to defend.
Following the June election, 83 such petitions were filed against
winning candidates.
A weapons-surrender program mandated in the August Bougainville
peace agreement continued under U.N. supervision at year's end.
One woman was elected to the 109-member Parliament in the June
elections, compared with two in the previous Parliament. She was named
the Minister for Welfare and Social Development, the only Cabinet
position held by a woman. There were no women Supreme Court Justices or
Provincial Governors.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no official barriers to the formation of human rights
groups. The Government cooperated with human rights nongovernmental
organizations (NGOs), both domestic and international, but at times was
slow in responding to their requests for information. The International
and Community Rights Advocacy Forum, an umbrella group formed in 1993,
concentrated on human rights and the environment during the year.
Section 5. Discrimination Based on Race, Sex, 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 faced discrimination.
Geographic diversity prevents any one tribe or clan from dominating
the country. The democratically elected government, based on loose
coalitions, has consistently avoided favoring any group. 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; they are not ethnically based. 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, was a serious and prevalent problem. Domestic violence was
common and is a crime. However, since most communities viewed domestic
violence as a private matter, and few victims pressed charges,
prosecutions were rare. Traditional village mores, which served as
deterrents, were weakening and were largely absent when youths moved
from their village to a larger town or to the capital. Although rape
was punishable by imprisonment, and sentences were imposed on convicted
assailants, few rapists were apprehended. The willingness of some
communities to settle incidents of rape through material compensation
rather than criminal prosecution made the crime difficult to combat.
Violence committed against women by other women frequently stemmed
from domestic disputes. In areas where polygyny was still customary, an
increasing number of women were charged with the murder of another of
their husband's wives. According to one report, 65 percent of women in
prison were 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 the
civil service. However, traditional patterns of discrimination against
women persisted. Many women, even in urban areas, were considered
second-class citizens. Village courts tended 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. By law, orders for imprisonment must be
endorsed by a district court before the sentence is imposed.
Polygyny and the custom of paying a bride price tended to reinforce
the view that women were property. In addition to the purchase of women
as brides, women were also sometimes given as compensation to settle
disputes between clans. The courts have ruled that such settlements
denied the women's constitutional rights.
According to statistics published in the U.N. Development Program's
1999 report on human development, women were gaining rapidly in
literacy and education. Adult literacy rose to 73 percent; 65 percent
of women were literate, compared with 86 percent of men. However, there
were 15 percent fewer girls in primary schools than boys. Maternal
mortality levels remained relatively high at 930 deaths per 100,000
live births.
Prostitution is not legal; however, the laws were not enforced and
the practice was widespread. Although sex tourism existed, it was not
common.
Sexual harassment is not illegal, and it was a widespread problem.
There is an Office of Women's Affairs in the Office of Church and
Family Services of the Ministry of Provincial Affairs. It was active
during the year; however, it had little effect on the Government's
policy toward women.
Children.--Most independent observers agreed that the Government
did not dedicate significant resources to protecting the rights and
welfare of children. Most programs to protect and develop youth and
children were operated by NGOs and religious organizations. In the
past, children were well cared for within the family and under
traditional clan and village controls. However, preliminary, small-
scale studies indicated 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
UNICEF, sexual abuse of children was believed to be prevalent. Because
of the geographic isolation and remoteness of many villages,
malnutrition and infant mortality rates were very high. More than 60 of
every 1,000 children born did not survive their first year.
Primary education was not free, compulsory, or universal.
Substantial fees were charged. Approximately 80 percent of children
attended primary school; many did not progress further. Boys and girls
were represented equally; generally either all children in a family
attended school or none attended.
The Government provided free medical care for its citizens,
including children. However, facilities and resources were very
limited, particularly in rural areas, and many children did not have
effective medical care.
Persons with Disabilities.--Through the National Board for the
Disabled, the Government provided funds to a number of NGOs that
provide services to persons with disabilities. The Government did not
provide programs or services directly. Apart from those provided by the
traditional clan and family system, services and health care for
persons with disabilities did not exist in several of the country's
provinces. There was no legislation mandating accessibility. Persons
with disabilities faced discrimination in education, training, and
employment. Most persons with disabilities did not find training or
work outside the family structure.
The Government provided free consultation and treatment for persons
with mental disabilities; however, such services were rarely available
outside major cities.
National/Racial/Ethnic Minorities.--Centuries-old animosities among
isolated tribes, a persistent cultural tradition of revenge for
perceived wrongs, and the lack of police enforcement occasionally
resulted in violent tribal conflict in the highland areas. The number
of deaths in the last few years has risen due to the availability of
modern weapons.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
form and join labor unions, subject to registration by the Department
of Industrial Relations. The Government did 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 were organized and were members of approximately
50 trade unions. Most of the unions representing private-sector workers
were associated with the Trade Unions Congress. The Public Employees
Association represented an estimated 23,000 persons employed by
national, provincial, and municipal governments, or one-third of the
public sector work force. The law prohibits antiunion discrimination by
employers against union leaders, members, and organizers; however, it
was selectively enforced. Unions were independent of the Government and
of political parties.
Unions may affiliate freely with international organizations, and
they have done so.
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 (ILO). 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 were no government efforts to hinder either public or private
sector unions from exercising their right to strike. The law prohibits
retaliation against strikers; however, it was not always enforced.
Employees of some government-owned enterprises went on strike on
several occasions during the year, primarily to protest against
privatization policies. These strikes were brief and ineffective.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution forbids
slavery and all forms of forced, compulsory, or bonded labor, including
that performed by children, and there were no reports that such
practices occurred.
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 was rare, except in subsistence agriculture.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor. It has no comprehensive policy on the problem;
however, child labor outside family subsistence agriculture or
enterprises was rare.
e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
governmental body with labor and employer representatives, sets minimum
wages for the private sector. 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 $5.74
(22.96 kina) per week did not provide a decent standard of living for a
worker and family who live solely on the cash economy. During the year,
the Minimum Wage Board recommended a large increase in the minimum
wage, but the Government disagreed, and no increase was implemented.
Minimum wage levels, allowances, rest periods, holiday leave, and
overtime are regulated by law. Although the Department of Labor and
Employment and the courts attempted to enforce the minimum wage law,
enforcement was not effective. The law limits the workweek 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; however, enforcement was 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 took place
only when requested by workers or unions. Workers' ability to remove
themselves from hazardous working conditions varied by workplace.
Unionized workers had some measure of protection in such situations.
Legal foreign workers were protected by law. The very few illegal
foreign workers lacked full legal protection.
f. Trafficking in Persons.--While the Constitution does not
prohibit trafficking in persons, there was no evidence that persons
were trafficked to, from, or within the country. However, in 2000,
2001, and during the year, the Government investigated allegations of
corruption among officials dealing with passport issuance and
immigration. These allegations centered on the organized circumvention
of immigration controls; however, there were no announced results from
the investigations. Nevertheless there was concern that the country may
be used as a route for trafficking in persons and the smuggling of
illegal immigrants to Australia.
__________
PHILIPPINES
The Philippines is a democratic republic with an elected president,
an elected bicameral legislature, and a weak but functioning multiparty
system. Although the executive traditionally set the political agenda,
the legislature played an active role in policy formation. The
Constitution provides for an independent judiciary; however, the
judicial system suffered from corruption and inefficiency.
The President is Commander-in-Chief of the Armed Forces of the
Philippines (AFP). The Department of National Defense directs the AFP,
and the Department of Interior and Local government has authority over
the civilian Philippine National Police (PNP). The AFP, which has
primary responsibility for counterinsurgency operations, also has
duties in traditional law enforcement efforts, including the pursuit of
kidnapers, whose actions remained a chronic criminal problem. The
civilian authorities generally maintained effective control of the
security forces; however, some elements of the security forces,
including police, soldiers, and local civilian militias, committed
human rights abuses.
The country has a market-based, mixed economy. The service sector
accounted for approximately 45 percent of gross domestic product, the
industrial sector 35 percent, and agriculture 20 percent. However,
agriculture accounted for approximately 40 percent of total employment.
Overseas worker remittances, estimated at $6-7 billion per year, and
tourism were important sources of foreign exchange. The country had a
high 2.36 percent annual population growth rate, and a population of
nearly 80 million. According to the most recent Family Income and
Expenditure Survey, the richest 30 percent of families earned 67
percent of national income, while the poorest 30 percent received
approximately 8 percent. The incidence of poverty (measured as the
ratio of those below the official poverty threshold to the total
population) worsened during the year and approached 40 percent. Poverty
was more severe in rural areas, with an estimated 54 percent of the
rural population unable to meet basic needs. Poverty in urban centers
was approximately 24 percent.
The Government generally respected the human rights of citizens;
however, there were serious problems in some areas. Some elements of
the security services were responsible for arbitrary and unlawful and
in some cases extrajudicial killings, disappearances, torture, and
arbitrary arrest and detention. Other physical abuse of suspects and
detainees as well as police, prosecutorial, and judicial corruption
remained problems. The Government's Commission on Human Rights (CHR),
established under the 1987 Constitution, again described the PNP as the
worst abuser of human rights. Police and local government leaders at
times appeared to sanction extrajudicial killings and vigilantism as
expedient means of fighting crime and terrorism. Prison conditions were
harsh. Judges and prosecutors remained poorly paid, overburdened,
susceptible to corruption and the influence of the powerful, and often
failed to provide due process and equal justice. Case backlogs, limited
resources, corruption, and a shortage of judges hindered the courts.
Long delays in trials were common. Some persons committed abuses with
impunity. The Supreme Court undertook efforts to ensure speedier trials
and to sanction judicial malfeasance. Despite efforts by reformist
leaders in all three branches of the Government to strengthen rule of
law and protection of human rights a fundamental and pervasive weakness
in the rule of law left citizens with the belief that official justice
is beyond reach. Some local military and police forces harassed human
rights activists. Violence against women and abuse of children
continued to be problems. Discrimination against Muslims persisted. The
law provides for worker rights, but implementation and enforcement were
not always effective. Child labor continued to be a problem, although
the Government and nongovernmental organizations (NGOs) gave the
problem increased attention. The use of underage workers in domestic
servitude persisted. Child prostitution continued to be a problem.
Trafficking in women and children remained a serious problem. The
Philippines was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
A large well-funded Communist insurgency continued to operate in
various regions of the country; its military arm, the terrorist New
People's Army (NPA), committed numerous human rights violations,
including political assassinations, kidnapings, and torture. The small,
terrorist Abu Sayyaf Group (ASG) committed numerous kidnapings and
killings, including summary beheadings of hostages and local residents.
The NPA, ASG, and the Moro Islamic Liberation Front (MILF), an
insurgent group that signed a cease-fire with the Government in 2001,
continued to use children both as soldiers and as noncombatants.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Police forces
committed a number of arbitrary and unlawful killings. The CHR
investigated 55 complaints of killings for the first 6 months of the
year, compared with 40 complaints through June 2001. The CHR included
killings by antigovernment insurgents in its investigations. The NGO
Task Force Detainees of the Philippines (TFDP) documented 10 summary
executions of civilians by government forces and insurgents through
July.
Approximately 90 persons (including several candidates) were killed
in political violence related to the July local (``barangay'') and
youth elections. On March 12, a barangay captain shot and killed his
opponent in Santa, Ilocos Sur. On July 13, a candidate for barangay
chair of Pinukpuk, Benguet, was shot and killed while campaigning. The
NPA claimed responsibility for this and many other election-related
killings (see Section 3).
In combating criminal organizations, police personnel sometimes
resorted to summary execution of suspects, or ``salvaging.'' Police
spokesmen frequently explained these killings as the unavoidable result
of a shoot-out with suspects or escapees. The CHR suspected that PNP
members were the perpetrators of 27 percent of the human rights
violations involving deaths that it investigated through June.
In February during what the police described as an exchange of
fire, police shot and killed 12 suspected members of a kidnap-for-
ransom gang in Alcala, Pangasinan. The CHR reported that by year's end
no arrests had been made.
On February 17, suspected PNP members summarily executed three
suspected kidnapers in North Cotabato. In April 10 officers, including
the regional police chief of central Mindanao and the North Cotabato
police chief, were charged with murder.
In May an unidentified person shot and killed a former police chief
in South Cotabato suspected of complicity in an Abu Sayyaf shopping
mall bombing in 1994 and in the kidnaping of tourists in 1995. The case
remained under investigation.
As in 2001, suspected AFP or paramilitary group members shot and
killed several officials of the Bayan Muna political party and other
leftist organizations. Bayan Muna claimed that 23 of its members have
been killed since January 2001, with 12 of the killings in Oriental
Mindoro Province. The AFP denied involvement.
In April militiamen connected to the AFP killed an activist
associated with Karapatan, a member organization of an NGO umbrella
group affiliated with the Communist Party, and her three companions in
Cotabato City. The AFP claimed they were NPA members and were killed in
an exchange of fire with the Government forces. A National Bureau of
Investigation (NBI) report rejected the military's account.
On April 15, a paramilitary unit engaged in a firefight with
suspected NPA members at a wedding in southern Mindanao. Six civilians
were killed. The CHR investigated and concluded that the civilian
deaths were not the result of a paramilitary ``massacre'' as survivors
had alleged.
The authorities made some progress on earlier cases. In December
2001, the Department of Justice filed murder charges in a regional
trial court against three suspected NPA members for the June 2001
killing of Cagayan Representative Rodolfo Aguinaldo and his bodyguard.
No bail was recommended, and the suspects remained in custody.
On January 8, the Antipolo City prosecutor's office charged three
army soldiers with murder for the December 2001 killing of an alleged
NPA member. At year's end, the case was pending.
On January 15, NBI agents arrested a suspect in the May 2001 murder
of Quezon Province Representative Marcial Punzalan. The NPA previously
had claimed responsibility for the killing; the suspect reportedly was
a paramilitary member and gun-for-hire with NPA connections. He
remained in custody awaiting charges.
On May 10, the Court of Appeals ordered the indictment of three
former police generals, all top officials in the now-defunct
Presidential Anti-Organized Crime Task Force, for the November 2000
murders of a publicist for former President Estrada and his driver.
According to the Department of Justice, all three remained at large.
Two reportedly fled the country and were believed to be in North
America.
On June 4, the NBI said it had a new state witness in the 1995
murders of 11 suspected members of the Kuratong Baleleng kidnap-for-
ransom gang and petitioned the courts to reopen the case. Senator
Panfilo Lacson was implicated in these killings, which occurred when he
was a special unit commander in the PNP, but at year's end there were
no charges against him in this case.
The terrorist Abu Sayyaf Group kidnaped and tortured many civilians
during the year and summarily beheaded many of its captives (see
Section 1.b.). On June 7, the AFP attempted to rescue three ASG
hostages--Martin and Gracia Burnham and Ediborah Yap. During the
encounter, Martin Burnham and Yap, died in an exchange of gunfire
between the AFP and their ASG captors. AFP forces reportedly shot and
killed ASG spokesman Abu Sabaya, one of the individuals believed to be
responsible for the kidnaping, during a maritime encounter on June 21.
On June 17, ASG members beheaded a farmer they suspected of being a
government informer. On July 10, armed men believed to be ASG members
seized and killed three fishermen in the waters off Isabela, Basilan.
On July 13, ASG members beheaded an elderly farmer in the same region.
On October 2, a bomb exploded in Zamboanga City, killing a foreign
person and two Filipinos. The AFP and PNP identified the perpetrator as
a member of the ASG. He was killed when the bomb exploded prematurely.
Communist insurgents, mainly from the New People's Army, took part
in killings of political figures, military and police officers, and
civilians, including suspected military and police informers and
foreign tourists. The NPA also targeted suspected military and police
informers and foreign tourists. Peace negotiations between the
Government and the political arm of the Communist Party, the National
Democratic Front (NDF), made no significant progress.
In January, in two shootings, armed men believed to be NPA rebels
killed two foreign tourists and wounded another while they were hiking
in Pampanga Province.
In February suspected NPA members shot and killed a barangay
official in his house near Ormoc City, Leyte. That same month,
suspected NPA members also ambushed and killed a foreign hiker in
Porac, Pampanga.
In separate incidents in March, suspected Communist gunmen killed
four local officials apparently because they were running against NPA-
backed candidates for local office. Also in March, suspected NPA rebels
tortured (see Section 1.c.), then shot and killed a retired military
man and his wife.
On March 29, the NPA violated a self-declared cease-fire by killing
a militiaman in Camarines Sur, apparently to mark the NPA's 33rd
anniversary.
On April 22, four men shot and killed the mayor of Jones, Isabela
inside the municipal hall. The NPA claimed responsibility for the
killing, accusing the mayor of corruption and human rights abuses. In
June Isabela police charged seven NPA members with the murder, but the
suspects had not yet been taken into custody.
On May 28, suspected Communist members shot and killed a former
town mayor in Camarines Sur. The former mayor had been an active
participant in the Government's counterinsurgency program and had
survived three prior murder attempts.
On May 13, police filed murder charges against a member of the Alex
Boncayo Brigade (ABB), a breakaway faction of the Communist Party, for
the February 2001 killing of a Communist labor leader. As of May, the
accused remained at large, and other suspects in the case had yet to be
identified.
NGOs expressed concern over killings by vigilantes in several
Mindanao cities. Since 1995 so-called death squads reportedly killed
more than 180 persons, and NGOs criticized several local officials for
encouraging vigilantism and extrajudicial violence. Through August
death squads killed at least 18 children. Many reportedly were involved
in narcotic sales and petty crimes. There were reports that mayors in
Davao del Sur and Misamis Oriental Provinces supported death squads
responsible for more than 20 killings of suspected drug dealers.
During the year, unknown persons killed several journalists (see
Section 2.a.). In May a broadcaster and editor of a community newspaper
was killed in Pagadian, in the southern province of Zamboanga del Sur.
On August 14, a witness was killed after testifying to authorities that
a senior police officer in the area had sought the death of the
journalist because he had exposed police corruption. At year's end, the
PNP had fired the senior police officer and his superior; however, no
charges had been filed and the case remained open.
Reporters Without Borders accused police and military officers in
Zamboanga del Sur of blocking investigations and threatening witnesses
in the murders of four other journalists since January 2001.
On August 22, an assailant shot and killed a cable television
newscaster and publisher of a community newspaper in San Pablo City,
Laguna.
On December 24, an explosion at the home of a mayor in Maguindanao
Province killed 13 persons and wounded 12 others. On December 31, a
grenade explosion in Tacurong City Sultan Kudarat Province killed 6 and
wounded 30. Government officials believe that these resulted from a
dispute between two clans, at least one of which has links to the MILF.
b. Disappearance.--Government forces were believed responsible for
disappearances. The domestic NGO, Families of Victims of Involuntary
Disappearances (FIND), reported eight disappearances during the year.
On February 4, two members of the Bayan Muna political party, which is
closely linked to the Communist Party (CPP), disappeared in Aurora
Province. FIND suspected the AFP. At year's end, the two remained
missing. On February 9, elements of the AFP allegedly seized a Bayan
Muna organizer and a former student activist in San Jose, Nueva Ecija.
At year's end, the two remained missing. The AFP has denied involvement
in these disappearances.
FIND reported that 1,015 cases of disappearance remained unsolved;
the majority of these cases date from 1983-85, the peak of the
agitation against the Marcos dictatorship, and 1987-89, the height of
an Aquino administration crackdown on insurgents.
The courts and the police failed to address adequately complaints
of victims' families concerning past disappearances in which government
security forces were suspected. Disappearance itself is not a crime
under the law; evidence of a kidnaping or killing is required in order
for charges to be filed. FIND and Amnesty International's (AI) Manila
office continued to support the efforts of victims' families to press
charges, but in most cases evidence and documentation were unavailable.
Convictions were rare; FIND reported that only 14 cases were pending in
court. Judicial inaction on the vast majority of disappearances
contributed to a climate of impunity that undermined public confidence
in the justice system.
There were no developments in the following disapearance cases: The
April 2001 disappearance of a Bayan Muna coordinator from Laguna
Province arrested by unidentified military units; the June and July
2001 disappearance of five farmers in Basilan; the September 2001
disappearance of two suspected NPA members who were arrested in
Oriental Mindoro by paramilitary or military units; the October 2001
disappearance of three farmers arrested by AFP elements in Zamboanga
del Norte.
The Abu Sayyaf Group again engaged in many acts of terrorism during
the year. The ASG sometimes claimed that its motivations were political
or religious in order to attract sympathy for its actions, but during
the year it again used terror mainly for profit. Its victims again
included Christians and Muslims, Filipinos and foreigners.
On June 7, a gun battle between the ASG and AFP resulted in the
death of hostages Martin Burnham and Ediborah Yap, and the wounding of
Gracia Burnham. These three were the last remaining hostages of a group
kidnaped from a tourist resort in May 2001.
On June 17, suspected ASG members intercepted an Indonesian tugboat
in Mindanao waters and abducted four of its crewmen.
On August 20, suspected ASG members abducted six individuals in
Jolo, Sulu. The two men in the group were beheaded. At year's end, at
least four persons remained in captivity.
The NPA also was responsible for kidnapings and hostage takings. On
February 22, the NPA kidnaped 11 power company workers in Catanduanes
Province. They were released several days later after their employers
paid ransom.
Criminal gangs with no pretense of political or religious agendas
also engaged in kidnapings for ransom.
The police solved some kidnapings and apprehended suspects. The PNP
reported that 80 kidnapings have been solved between January 2001 and
June 2002. On May 7, police in Zamboanga City filed charges of 52
counts of kidnaping against a high-ranking leader of the ASG who was
captured the prior week. Fifty other ASG suspects were awaiting trial
in Metro Manila.
On August 9, government officials charged the PNP chief of Sultan
Kudarat Province in southwestern Mindanao and a town mayor with
complicity in the kidnaping of a foreign national and a Filipino
businessman. Several other men were in police custody while awaiting
trial in the same case.
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 to abuse
suspects and detainees. The CHR provides the police with mandatory
human rights training, including primers on the rights of suspects, and
higher level PNP officials seemed more receptive to respecting the
human rights of detainees; however, rank-and-file awareness of the
rights of detainees remained inadequate. Through September the PNP
reported investigating 163 human rights complaints against its
personnel, leading to the trial of 70 officers. The PNP reported that
among the 163 complaints there were 13 allegations of rape. At year's
end, 1 of these cases had been dismissed, 2 were under investigation,
and 10 individuals were on trial.
TFDP stated that torture remained an ingrained part of the arrest
and detention process. Common forms of abuse during arrest and
interrogation reportedly included striking detainees and threatening
them with guns. Less common forms included the placing of plastic bags
over heads to deprive the detainee of air. TFDP reported that such
beatings often were carried out in the early stages of detention, often
by the arresting officer. During the year, police intensified efforts
to dismiss abusive officers and investigate police units nationwide.
Within the AFP, the CHR observed greater sensitivity to the need to
prevent human rights violations. Officers with human rights violations
cannot be promoted. Nevertheless, abuses still occurred. Human rights
activists complained of abuses by government security forces against
suspected ASG and NPA members in captivity. According to the Moro Human
Rights Center, members of the AFP frequently beat ASG suspects.
The CHR documented one case of torture from January through June;
TFDP reported seven cases from January through June. The AFP was
implicated in many of these cases.
On March 31, AFP units reportedly beat 27 suspected ASG members in
Zamboanga City. The 27 complained that they were tied, blindfolded, and
punched until they admitted to membership in the ASG. As of July, the
authorities still detained seven, including two minors, in the Basilan
provincial jail. The rest had been released.
On April 23, a 19-year-old Muslim male while under police
interrogation about the bombing of a department store in General Santos
City on April 21 was blindfolded and punched in the stomach.
On May 1, a resident of Barangay Alfonso, Cavite, suspected of
membership in an armed dissident group was reportedly kicked, struck
with rifle butts, and suffocated with cellophane by PNP units.
The terrorist ASG kidnaped and tortured many civilians during the
year. ASG members often beat their captives and handcuffed them to
trees overnight. Food and water were inadequate. The ASG summarily
beheaded a number of its captives (see Section 1.b.).
Prison conditions were harsh. Provincial jails and prisons were
overcrowded, had limited exercise and sanitary facilities, and provided
prisoners with an inadequate diet. The Government reported that jails
in the metropolitan Manila area were operating at 123 percent of
capacity. A significant percentage of the inmates were detainees unable
to post bail. Administrators budgeted a daily subsistence allowance of
about $0.60 (30 pesos). Prison inmates often depended on their families
for food because of the insufficient subsistence allowance, and the
need to bribe guards to receive food rations. In February 162 inmates
of the Pampanga provincial jail staged a hunger strike to protest
inadequate and sometimes rotten food.
Overcrowding appeared to contribute to medical problems among
inmates. During the year, at least 80 inmates died of various ailments
in city and municipal jails nationwide, with 28 deaths at the Manila
City Jail. The poorly ventilated city jail suffered at times from a
lack of potable water. As of June, 3,709 prisoners occupied a facility
built to accommodate 1,000 inmates.
In national prisons, male and female inmates were held in separate
facilities, overseen by guards of the same sex. In provincial and
municipal prisons, male guards sometimes supervised female prisoners,
directly or indirectly. In Bureau of Immigration and Deportation (BID)
detention facilities, male and female inmates were segregated by sex,
but male guards oversaw both sexes. Although prison authorities
attempted to segregate children, in some instances they were held in
facilities not fully segregated from adult male inmates. In 2001 the
Supreme Court ordered the transfer of 12 minors from death row to a
medium security prison. On August 19, after repeated delays, the Bureau
of Corrections transferred them. Pretrial detainees sometimes were not
separated from convicted prisoners.
There were reports of widespread corruption among guards. Guards
demanded that prisoners pay in order to receive food, to use sanitary
facilities, and to avoid beatings by other prisoners. Jail
administrators reportedly delegated to senior inmates authority to
maintain order. The CHR and TDFP reported that beatings by prison
guards and other inmates were common, but that prisoners, fearing
retaliation, refused to lodge complaints. Corruption appeared to be a
problem at higher levels of authority within the prison system as well.
Some prominent prisoners and jailed celebrities received preferential
treatment. Favored inmates reportedly enjoyed access to outside
contacts, enabling them to trade in prostitution and drugs.
There were reports that guards abused prisoners. In March 2001, AI
reported that women in police custody were particularly vulnerable to
sexual and physical assault by police and prison officials. Victims
often were afraid to report incidents (see Section 5). Some detainees
at BID detention centers reportedly gained their release by making cash
payments to guards.
International monitoring groups and the International Committee of
the Red Cross are allowed free access to jails and prisons.
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 a number of cases
arrested and detained citizens arbitrarily. The CHR investigated 17
cases of illegal arrest and detention through March--a decrease from
the number recorded during the first quarter of 2001. The TFDP
documented 36 cases of politically motivated arrests by the Government
through July. TFDP and the NGO Philippine Human Rights Information
Center (Philrights) both estimated the total number of political
prisoners in the country at about 200. Many of these individuals were
charged with common crimes. There were allegations that some of these
individuals remained in custody for periods longer than their stated
jail terms. The Government denied that there were any political
detentions or detainees (see Section 1.e.).
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 is strong), the right to bail. Authorities are
required to file charges within 12 to 36 hours of arrests made without
warrants, depending on the seriousness of the crime. Due to the slow
judicial process, lengthy pretrial detention remained a problem (see
Section 1.e.).
The Moro Human Rights Center reported a significant number of cases
of harassment and illegal detention of Muslims by police and military
officers. In many cases, police and military officials suspected the
targets of belonging to the ASG, and searched them without warrants,
and, in one instance, raided an Islamic school in Pampanga Province
that authorities suspected had links to the Al-Qa'ida terrorist
network.
In other instances, political activists from various parties were
the targets of arbitrary arrests and detentions. In January police
without warrants detained seven activists from Karapatan, a group
linked to the CPP, in Cagayan de Oro, Misamis Oriental. Police released
three of the detainees within days. On April 23, police and soldiers
arrested three members of a party affiliated with Bayan Muna in General
Santos City, South Cotabato. Police reportedly searched their offices
without a warrant, and held them in custody at a police station in
General Santos for 2 months.
On April 25, Ronald Lumbao, the leader of a group supporting
deposed former President Joseph Estrada, was arrested after he was
implicated in the May 1, 2001, violent political rally. As of December,
he remained in jail charged with rebellion. His petition for bail had
not yet been adjudicated and his trial was pending.
The terrorist NPA, as well as some Islamic insurgent groups, were
responsible for a number of arbitrary detentions, often in connection
with informal courts set up to try military personnel, police, local
politicians, and other persons for ``crimes against the people'' (see
Section 1.e.).
During the year, police released some individuals allegedly
detained for political reasons. On June 6, 31 alleged rebels belonging
to the MILF were released from jail in Mati, Davao Oriental. They had
been accused of murder and robbery and had been held since July 2000. A
Regional Trial Court judge ordered the release because of insufficient
evidence and allegations that the military subjected state witnesses to
physical coercion.
Forced exile is illegal, and the Government did not use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judicial system suffered from
corruption and inefficiency. Personal ties, and sometimes venality,
undermined the commitment of some government employees to ensure due
process and equal justice. The result was impunity for some wealthy and
influential offenders, and widespread skepticism that the judicial
process would produce fair outcomes.
Low pay rendered both judges and prosecutors susceptible to
corruption. There were many allegations that judges accepted money or
other bribes. Legal experts inside and outside the justice system
criticized relationships between some judges and individual or
corporate litigants. Some lawyers acted as ``case fixers,'' gaining the
favor of judges and other court officials and allegedly bribing some
witnesses.
The President and the Chief Justice of the Supreme Court expressed
their desire to root out corrupt practices, and both warned judges and
prosecutors not to abuse their authority. A high-profile campaign
against judicial corruption showed promise, but progress remained
halting.
The national court system consists of four levels: Local and
regional trial courts; a national Court of Appeals divided into 17
divisions; a 15-member Supreme Court; and an informal local system for
arbitrating or mediating certain disputes outside the formal court
system. The Sandiganbayan, the Government's anticorruption court, hears
criminal cases brought against senior officials. A Shari'a (Islamic
law) court system, with jurisdiction over domestic and contractual
relations among Muslim citizens, operates in some Mindanao provinces.
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 respected the right of
defendants to be represented by a lawyer, although poverty often
inhibited a defendant's access to effective legal representation.
Skilled defense lawyers staffed the Public Attorney's Office (PAO), but
their workload was great and resources were scarce. The PAO provides
legal representation for all indigent litigants at trial; however,
during arraignment, courts may at their option appoint any lawyer
present in the courtroom to provide counsel to the accused.
According to the Constitution, cases are to be resolved within set
time limits once submitted for decision: 24 months for the Supreme
Court; 12 months for the Court of Appeals; and 3 months for lower
courts. There are no time limits for trials.
The judicial system was unable to ensure expeditious trials for
detained persons. Because of numerous technical delays and the frequent
failure of judges and prosecutors to appear, many trials lasted for
several months. Furthermore, there is a widely recognized need for more
prosecutors, judges, and courtrooms. Of the more than 2,100 trial court
judgeships nationwide, 32 percent remained vacant at year's end due to
a lack of qualified applicants. Vacancies in Mindanao and other poorer
provinces were particularly unattractive to many jurists, and 38
percent of these judgeships were vacant. Also difficult to fill were
the Shari'a court positions, in part because of the requirement that
applicants be members of both the Shari'a Bar and the Integrated Bar.
Although Shari'a courts do not have criminal jurisdiction, the MILF
asserts that its Islamic law courts do. There were no reports of
executions resulting from MILF court decisions during the year. The
terrorist NPA continued to subject military personnel, police, local
politicians, and other persons to its so-called courts for ``crimes
against the people.'' The NPA executed some of these ``defendants.''
International and domestic NGOs criticized many court proceedings
that resulted 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 death penalty cases lacked
adequate legal representation at the time of arrest, indictment, or at
trial. By law the Supreme Court reviews all death sentences. In April
2001, senior government officials announced a moratorium on the death
penalty, which at year's end remained in effect.
Various human rights NGOs maintained lists of incarcerated persons
they allege to be political prisoners; estimates usually range from 75
to over 250. Typically there was no distinction in these lists between
detainees and prisoners, and the majority of persons on these lists
have not been convicted. Some face murder, kidnaping, and other serious
charges, while others are charged with lesser offenses such as
possession of drugs or firearms. Some NGOs asserted that it was
frequent practice to arrest political detainees for common crimes and
to continue to detain them after their sentences expired. Often it was
difficult to distinguish between persons possibly incarcerated for
political reasons and those for common crimes. The Government uses NGO
lists as one source of information in the conduct of its pardon,
parole, and amnesty programs, but it does not consider the persons
listed to be political detainees or prisoners. The Office of the
President returned to the Board of Pardons and Parole approximately
6,000 requests for presidential action, with instructions to restudy
the cases.
The Government permitted access to alleged political prisoners by
international humanitarian organizations.
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; however, while the
Government generally respected restrictions on search and seizure
within private homes, searches without warrants have occurred. Judges
declared evidence obtained illegally to be inadmissible.
The Government generally respected the privacy of its citizens;
however, leaders of Communist organizations complained of what they
described as a pattern of surveillance on their activities. Bayan Muna
party members reported the ransacking of a clinic and an office in the
Davao City area.
Forced resettlement of urban squatters, who make up at least 30
percent of the urban population, continued during the year, although to
a lesser extent than in prior years. The law provides certain
protections for squatters; eviction is often difficult, especially
because politicians recognize squatters' voting power. However, NGOs
complained that in many instances the Government did not adhere to its
2001 suspension of demolitions in urban poor areas. Government
relocation efforts were constrained by budget problems, and the
issuance of land titles to squatters targeted by displacement was
limited. Some squatters removed for flood control projects were
relocated to areas far from their places of livelihood and from
schools.
The Government did not use forced conscription; however, there were
unconfirmed reports of forced conscription into local paramilitary
units with links to the AFP. In August persons representing 13 minority
tribes from Mindanao accused the AFP of forcing them to join Citizens
Armed Forces Geographical Units to fight the NPA. The AFP rejected the
claims.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--Some citizens groups complained that the AFP, in
confronting the terrorist Abu Sayyaf Group, illegally detained
citizens, torched houses, and shelled villages suspected of being ASG
strongholds. The AFP defended its actions (see Sections 1.a. and 1.d.).
The terrorist ASG kidnaped and tortured many civilians during the
year and beheaded a number of its captives. There were reports that the
ASG killed citizens whom it suspected of being government or military
informants. AFP-ASG clashes occurred intermittently throughout the
year, mostly in the Zamboanga peninsula and Sulu archipelago. AFP-ASG
clashes displaced approximately 8,000 civilians. By year's end, the
majority of these individuals had returned to their homes.
There were some clashes during the year between the AFP and the
largest remaining Muslim separatist group, the MILF. However, there
were fewer attacks than in 2000 or 2001. At year's end, the August 2001
cease-fire agreement remained in effect, despite sporadic clashes. The
MILF recruited children to serve as reserve forces and to provide
noncombat support (see Section 5).
In February an AFP-MILF encounter in Basilan reportedly affected
seven barangays and 1,300 families. Also in February, AFP-MILF fighting
in Maguindanao Province displaced 5,508 families, some of whom have
returned to their homes. In March AFP-ASG engagements displaced 1,600
families on Basilan. That same month, in Sultan Kudarat, NPA-AFP
clashes forced 345 villagers to flee their homes. In May an encounter
between the MILF and another Muslim group, the Muslim National
Liberation Front (MNLF), displaced 150 families in Maguindanao
Province. That same month, military operations against the NPA led 840
residents to leave their homes in Magsaysay, Davao del Sur. In June a
battle between the MILF and AFP led to the displacement of at least 150
residents in Datu Piang, Maguindanao.
Of the nearly 1 million persons displaced in 2000 during clashes in
Mindanao between the AFP and the MILF, by May approximately 67,000
still had not returned to their homes, according to the Department of
Social Welfare and Development (DSWD). Of these approximately 65,000
were living with friends and relatives, while approximately 2,000
remained in government-run evacuation centers. DSWD reported that all
but 2 of its nearly 500 evacuation centers that were established in
connection with the clashes had been closed.
During the year, the terrorist NPA killed political figures,
mayors, military and police personnel, and civilians, including those
it suspected of acting as informants for the Government or the AFP. The
NPA also harassed businesses and burned buses to enforce the collection
of ``revolutionary taxes.'' The NPA continued actively to recruit
minors both as combatants and noncombatants (see Section 5).
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.
Most print and electronic media are independent. A few television
and radio stations are owned by the state. Broadcast and print media
are freewheeling and sometimes criticized for lacking rigorous
journalistic ethics. They tend to reflect the particular political or
economic orientations of owners, publishers, or patrons, some of whom
are close associates of present or past high-level political officials.
Journalists were the targets of several violent incidents during
the year. In May a broadcaster and editor of a community newspaper was
killed in Pagadian City, in the southern province of Zamboanga del Sur.
On August 14, a witness to that murder was himself killed after
testifying to authorities that a senior police officer in the area had
sought the death of the journalist because he had exposed corruption in
the police force. The NBI announced in May that it had identified one
of the journalist's killers as a police officer. He was temporarily
taken into custody for questioning and later fired from the police
force. At year's end the case was still under investigation. Since 2000
four journalists had been killed in the Pagadian area.
On August 22, an assailant killed a cable television newscaster and
publisher of a community newspaper in San Pablo City, Laguna. He was
known as a crusading journalist and a vocal critic of political
corruption.
Some journalists and broadcasters were subjected to occasional
harassment. In separate incidents in February two mayors, one in
northern Luzon and one in northern Mindanao, attempted to shut down
radio stations, allegedly because the stations were critical of the
local officials.
Many incidents of violence directed at journalists that date from
earlier years remained unsolved. The international NGO Committee to
Protect Journalists criticized the Government for its failure to
prosecute those responsible for the murder of journalists in the
country. The Philippine Press Institute stated that there have been no
convictions for the murders of 38 journalists in the country since
1986. The international NGO Reporters without Borders accused police
and military officers in Zamboanga del Sur of blocking investigations
and threatening witnesses in the murders of four journalists since
January 2001.
The Government did not restrict Internet use.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected them in practice.
Although the law requires that groups request a permit to hold a
rally, for much of the year the Government followed an unwritten policy
of allowing rallies to occur without requiring the filing of a request;
however, in August, in connection with the visit of a foreign official,
police required protesters to request official permits. Leftist groups
complained that they were not allowed to hold protests in places where
the foreign official was scheduled to visit. Police permitted rallies
in alternative locales.
Several NGOs also complained about government security forces
violently dispersing rallies. Violence generally was limited, and at
times some of these groups provoked security forces by shoving or
throwing objects. In one instance, participants in a bus caravan in
Mindanao claimed that the Government failed to protect them from
objects hurled by fellow citizens along the travel route.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. Although Christianity, particularly Roman Catholicism, is the
predominant religion, there is no state religion, and under the
Constitution church and State are separate.
At least 5 million Muslims, who constitute approximately seven
percent of the population, reside principally in Mindanao and nearby
islands. They make up the largest single minority group in the country.
Historically, they have been alienated from the predominant Christian
majority. The national culture, with its emphasis on familial, tribal,
and regional loyalties, creates informal barriers whereby access to
jobs or resources is provided first to those of one's own family or
group network. Muslims reported that they have difficulty renting rooms
in boarding houses or being hired for retail work if they use their
real name or wear distinctive Muslim dress. Some Muslims therefore used
a Christian pseudonym and do not wear distinctive dress when applying
for housing or jobs. Muslims continued to be somewhat underrepresented
in senior civilian and military positions. Provinces in Mindanao that
are predominantly Muslim lag behind the rest of the country in most
aspects of socioeconomic development.
While Christian-Muslim relations were generally free of violence,
Muslims faced discrimination not because of their religious beliefs or
practices, which they were free to celebrate without interference, but
because they were culturally different. There also were reports of
Muslim discrimination against Christians in areas where Muslims are the
majority.
Intermittent government efforts to integrate Muslims into political
and economic society have achieved only limited success. Many Muslims
claimed that they continue to be underrepresented in senior civilian
and military positions, and cited the lack of proportional Muslim
representation in national government institutions (see Section 3).
Muslims welcomed the approval of a bill to declare the Islamic festival
of Eid al-Fitr a national holiday. However, the Government's crackdown
on the terrorist ASG led many human rights NGOs to accuse the police
and military of unfairly targeting Muslims for arrest and detention
(see Section 1.d.).
The teaching of religious classes in public schools is permitted
with the written consent of parents, provided that there is no cost to
the Government. The Department of Education required schools to ensure
the protection of the religious rights of students. These measures
included allowing Muslim students to wear their head coverings
(``hijab'') and not requiring Muslim girls to wear shorts during
physical education classes.
About 14 percent of the school population in Mindanao attend
Islamic schools. The Government's Education for Peace and Development
in Mindanao program is working to integrate the Islamic school network
into the country's national education system. As of August, less than
10 percent of Islamic schools were fully accredited by the Government.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 enjoyed the freedom to change their places of residence
and employment. Travel abroad is limited only in rare circumstances,
such as when a citizen's court case is pending. Government authorities
discourage travel by workers deemed vulnerable, such as young women, to
areas in which they face personal risk (see Section 6.f.). The
Philippine Overseas Employment Administration (POEA) seeks to limit
departures for work abroad to those persons whom the POEA certifies as
qualified for the jobs. More than 7 million citizens worked overseas
and remitted money home. Such remittances amount to approximately 10
percent of the gross national product.
The practice of forcible displacement of urban squatters to make
room for infrastructure and commercial developments declined notably
beginning in February when the Government suspended demolitions in poor
urban areas (see Section 1.f.).
Of the nearly 1 million persons displaced in 2000 during clashes in
Mindanao between the AFP and the MILF, approximately 67,000 were still
displaced as of May due to a lack of housing or because of security
concerns. The majority of these displaced persons were in the provinces
of Maguindanao and North Cotabato (see Section 1.g.). The Government
still operated two displaced persons centers in predominantly Muslim
areas of Mindanao.
During the year, fighting between the AFP and MILF, ASG, or NPA
displaced about 17,000 families according to the Ecumenical Commission
for Displaced Families and Communities (ECDFC). The majority of armed
encounters that led to displacements took place in Muslim areas of
Mindanao. ECDFC estimated that 20 percent of these families remained
displaced at year's end.
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; such determinations in
practice implement many of the basic provisions of the 1951 U.N.
Convention. The Government cooperated with the U.N. High Commissioner
for Refugees and with other humanitarian organizations in assisting
refugees. There were no reports of the forced return of persons to a
country where they feared persecution. The Government has provided
first asylum.
The Government continued to allow approximately 1,800 asylum
seekers from Vietnam to remain in the country. All had been precluded
from refugee status. Most live on Palawan Island or in major urban
areas. There was significant popular support, particularly from the
Roman Catholic Church, for allowing permanent residency for 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 such asylum seekers but has not ruled out
forcible repatriation.
During the year, an estimated 80,000 Philippine citizens were
deported from Malaysia. The Government protested the treatment of
thousands of these persons who had been confined in camps in Sabah,
Malaysia, while awaiting deportation and assisted in their return by
providing naval vessels. Several children died of disease en route. The
Government provided the deportees with food, shelter, and, in some
cases, medical care following their arrival in the country.
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 exercised this right through
periodic elections that largely were free and fair and held on the
basis of universal suffrage. At year's end, legislation was pending in
Congress to establish an absentee voting system, which is required by
the Constitution. The system would enfranchise those eligible to vote
among the 7.4 million Filipinos who reside outside the country.
In July barangay elections were held nationwide. The elections were
largely free and fair, but approximately 90 persons died and hundreds
were injured in election-related violence. The victims included a
number of candidates. The terrorist NPA claimed responsibility for
several election-related killings, although political rivalries were
also a major cause. There were reports that the NPA continued to charge
``access fees'' to candidates wanting to campaign in remote areas. The
NPA also killed local government officials in other instances not
related to the barangay elections (see Section 1.a.).
In May 2001, midterm elections were held for new senators,
representatives, provincial governors, and local government officials.
Approximately 100 persons were killed in election-related violence,
including two sitting congressmen and a candidate for provincial
governor (the NPA claimed responsibility for these and many other
election-related killings), and another 140 persons were wounded in
more than 200 incidents in the period preceding and following the
voting.
In November 2001, elections were held on the question of expanding
the Autonomous Region in Muslim Mindanao (ARMM). The elections were
marred by violence thought to have been instigated by the outgoing
governor, Nur Misuari. The Government filed rebellion charges against
Misuari, who fled to Malaysia and later was returned to the
Philippines. He remained in detention pending trial.
There were no restrictions in law or practice on participation by
women and members of minorities in politics. There were a number of
women in positions of leadership and authority, some in highly visible
positions. There were 3 female Senators in the 23 member Senate and 39
women in the 216-member House of Representatives. The President was a
woman, and there were five female cabinet-level officials. There were 2
women on the 15-member Supreme Court.
Along with many other citizens, Muslims argued that the method of
election of senators from a nationwide list favors established
political figures from the Manila area, to the disadvantage of Muslims.
Election of senators by region would require a constitutional
amendment; many Muslims and members of other disadvantaged groups who
are underrepresented in the national legislature favor such an
amendment. There was one Muslim cabinet member, and one Muslim senior
presidential adviser. There were no Muslim senators. The House of
Representatives had nine Muslim members, including some elected from
Christian majority districts.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A large and active group of human rights NGOs generally operated
without government interference, investigating and publishing their
findings on human rights cases. Most government officials, including
those of the CHR, were responsive to NGO views. Many domestic NGOs were
critical of the Government's human rights record; these NGOs also
criticized previous governments' human rights records. While
acknowledging that respect for human rights has improved under
President Macapagal-Arroyo, many NGOs criticized the Government for
being overzealous in its efforts to defeat the ASG. These groups cited
indiscriminate arrests, torture of suspects, and the shelling of
civilian areas the AFP suspected of harboring ASG members. President
Macapagal-Arroyo staunchly denied wrongdoing by the AFP.
Some NGOs expressed concern over what they perceived as
increasingly hostile government rhetoric toward human rights activists.
President Macapagal-Arroyo stated that certain leftist groups committed
human rights violations themselves and implied that some groups were
merely front organizations for terrorists and criminals. NGOs,
including AI, also expressed concerns over statements by the mayor of
Davao, whom Macapagal-Arroyo has tapped as an adviser on crime, that
condoned extrajudicial killings as an acceptable means to fight crime.
In April a Senator called for an investigation into the killing of
a member of a leftist human rights group and three companions during an
army operation in Arakan, North Cotabato, on April 5 (see Section
1.a.). At year's end, Congress had yet to launch an investigation.
Member organizations of the Philippine Alliance of Human Rights
Advocates (PAHRA), a leading NGO network, effectively monitored human
rights problems and sought redress through their contacts with
government agencies, the Congress, and the Government's Commission on
Human Rights. Human rights activists continued to encounter minor or
sporadic harassment, mainly from security forces or local officials
from the area in which incidents under investigation took place.
Members of TFDP reported incidents of intimidation and harassment, and
one case in which allegedly false charges were filed against a TFDP
staff member.
CHR monitoring and investigation of human rights complaints
remained hamstrung by insufficient resources. Approximately one-third
of the country's 42,000 barangays had Human Rights Action Centers,
which coordinated with CHR regional offices. However, the CHR's
regional and subregional offices remained understaffed and underfunded,
detracting from their effectiveness. The new CHR chair has significant
experience in the field of human rights and expressed her strong
commitment to improve the Commission's effectiveness.
Section 5. Discrimination based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination against women, children,
and minorities; however, vague regulations and budgetary constraints
hindered implementation of these protections.
Women.--Violence against women, both in and out of the home,
remained a serious societal problem. The law does not specifically
address the problem of domestic violence; complaints are filed under
the charge of ``physical injury.'' The Government did not disaggregate
statistics to indicate the number of physical injury cases that result
from domestic violence. The Department of Social Welfare and
Development assisted an average of 4 women per day who complained of
domestic abuse, not including rape.
In June Cebu City legislators passed the country's first local
ordinance that penalizes perpetrators of domestic violence and provides
protection to victims. Under this law, witnesses may file complaints as
well as victims.
The PNP and the DSWD both maintained women's help desks to assist
victims of violence against women and to encourage the reporting of
crimes. With the assistance of NGOs, officers received gender
sensitivity training to deal with victims of sexual crimes and domestic
violence. Many PNP stations included female officers. Overall the
Government spent an estimated $1 million (53 million pesos) during the
year for medical and psychiatric facilities and shelters for women who
are victims of violence.
Rape continued to be a major problem. The PNP reported that it
investigated more than 2,500 cases of rape during the year. Of that
number, the PNP reported that 90 percent were ``solved,'' that is a
suspect was identified and charges were filed or cases were settled out
of court between the parties. There were reports of rape and sexual
abuse of women in police or protective custody. These often involved
women from marginalized groups, such as suspected prostitutes, drug
users, and lower income individuals arrested for minor crimes. In April
there were allegations of rape and abuse by members of the security
force of the Witness Protection Program (WPP). The Department of
Justice, which oversees the WPP, investigated the complaints and fired
several members of the WPP security force who were alleged to be
involved.
The law provides for the death penalty in cases of rape. Spousal
rape and abuse also are illegal, but enforcement is ineffective. Some
NGOs argued that courts' imposition of death sentences for rape
convictions inhibits some victims, particularly relatives of the
accused, from pressing charges. During the year, of the eight prisoners
sentenced to death, three were convicted of rape. Of all prisoners,
those convicted of rape make up 60 percent of those sentenced to death.
Prostitution is illegal. Many women suffer exposure to violence
through their recruitment, often through deception, into prostitution
(see Section 6.f.). A 1998 International Labor Organization (ILO) study
estimated that 500,000 women engaged in prostitution within the
country. Penalties for the offense are light, but detained prostitutes
were subjected to administrative indignities and extortion. The DSWD
continued to provide temporary shelter and counseling to women engaged
in prostitution. Officials believed that this helped only a small
percentage of victims. Local officials condoned a climate of impunity
for those who exploited prostitutes.
Sex tourism was a serious problem. Trafficking in women and
children for sexual exploitation and forced labor were problems (see
Section 6.f.).
Sexual harassment in the workplace was thought to be widespread yet
underreported due to victims' fear of losing their jobs. Female
employees in special economic zones (SEZs) were particularly at risk;
most are economic migrants who had no independent workers' organization
to assist with filing complaints. Women in the retail industry work on
3- to 5-month contracts, and were reluctant to report sexual harassment
for fear their contracts would not be renewed.
In this predominantly Roman Catholic country, the law does not
provide for divorce, although the courts generally recognize the
legality of divorces obtained in other countries. The process of
annulment is cumbersome and costly, which precluded annulment as an
option for many women. Many lower income couples simply separate
informally without severing their marital ties. The Family Code
provides that in child custody cases resulting from annulment,
illegitimacy, or divorce in another country, children under the age of
7 are placed in the care of the mother unless there is a court order to
the contrary. Children over the age of 7 normally also remain with the
mother, although the father can dispute custody through the courts.
In law but not always in practice, women have most of the rights
and protections accorded to men. Unemployment rates for women are
consistently higher than for men. Women's salaries averaged
approximately 47 percent lower than their male counterparts'. Women
continued to face some discrimination in employment. More women than
men enter secondary and higher education.
The National Commission on the Role of Filipino Women, composed of
10 government officials and 10 NGO leaders appointed by the President,
acts as an oversight body whose goal is to press for effective
implementation of programs benefiting women.
Children.--The Government devoted considerable resources to the
education, welfare, and development of children. The Department of
Education had by far the largest budget of any cabinet department.
Nevertheless, children faced serious problems.
Primary and secondary education is free and compulsory, but poor
families often were unable to meet costs for uniforms, supplies, shoes,
and transportation. Poverty forced many children throughout the country
to drop out of school; during the year, 96 percent of school-age
children were enrolled in elementary school and 70 percent in secondary
school, but only about 66 percent of children completed sixth grade,
and only 50 percent of all children finished secondary school. The
overall graduation rate (students who start elementary school and
graduate from secondary school) was 71 percent. The Asian Development
Bank expressed concern over a growing inequity in educational
opportunities for the poor as public spending per pupil declined. In
the 1980s, public spending covered 80 percent of the cost of elementary
education; however, according to government estimates, this share has
declined to less than 60 percent.
According to government reports, 70 percent of children are well
nourished and 90 percent are fully immunized. The child mortality rate
was 48 out of 1,000 children before the age of 5 years. In 2000 an NGO
estimated that 30 to 40 percent of preschool children in the five-
province Autonomous Region in Muslim Mindanao suffered from
malnutrition. Most of the children were in villages in Maguindanao,
Lanao del Sur, and Tawi-Tawi Provinces, areas of heavy insurgent
combat. According to the latest UNICEF data, at the end of 1999, 28
percent of children under age 5 nationwide were moderately or severely
underweight.
According to UNICEF and ILO studies, approximately 2 million
children were exposed to hazardous working environments, such as in
quarries, mines, and at docksides (see Section 6.d.). Sexual
exploitation and trafficking in children for the purpose of sexual
exploitation were problems. NGOs estimated that approximately 60,000
children were involved in the commercial sex industry (see Section
6.f.).
The Government estimated that there were as many as 200,000 street
children nationwide, half of them in the greater Manila area. Welfare
officials believed that the number increased as a result of widespread
unemployment in rural areas. Many street children appeared to be
abandoned children engaged in scavenging or begging. In September 2001,
an ILO-sponsored report stated that children as young as 5 years old
were involved in the production and sale of illegal narcotics.
Child abuse remained a problem. DSWD offices served nearly 5,900
victims of child abuse during the year, 71 percent of whom were girls.
Some 60 percent of the girls were victims of sexual abuse, while the
majority of the boys had been abandoned or neglected. Several cities
ran crisis centers for abused women and children. The problem of
foreign pedophiles continued to be reported in the press, and the
Government continued to prosecute accused pedophiles. Children also
were victims of police abuse while in detention for committing minor
crimes. There were reports that police struck minors, and in one case,
poured an adhesive substance over the head of a 14-year-old girl.
There were reports of discrimination against children of single
parents at some private Catholic schools. In April the Secretary of
Education ordered all private schools to discontinue their practice of
refusing admission to children of single or separated parents.
In November 2001, the Supreme Court upheld the conviction of a
Congressman for statutory rape; the Congress declared his seat vacant,
and a special election was held in August to fill the seat.
The family court system expedites juvenile and domestic relations
cases and serves to strengthen safeguards against the sale and
trafficking of children abroad. The Supreme Court promulgated rules
designed to avoid trauma to child witnesses, which took effect in
January 2001. The rules permit nonlawyers to pose questions, allow
children to have companions of their own choosing present, provide for
the exclusion of persons not having a direct interest in the case, and
permit use of videotaped testimony and one-way mirrors.
Children were targeted for recruitment as combatants and
noncombatants by the terrorist NPA and ASG, and by the MILF. The NPA
claimed that it assigned persons 15 to 18 years of age to self-defense
and noncombat duties; however, there were reports that the NPA
continued to use minors in combat. A high-ranking AFP official
estimated that children make up 30 percent of the NPA's fighting force.
In the last several years, the AFP on numerous occasions captured or
killed NPA fighters who turned out to be minors. In August an AFP
commander presented a list of almost 300 NPA members who had
surrendered to his command since May 2001, at least 17 of whom were
still minors when they joined the NPA.
The MILF also recruited children. In many instances, children were
pressured by their relatives to join as part of family or clan
obligations. Cultural perceptions sometimes play a role; teenagers as
young as 13 or 14 are considered to be adults. In one town in North
Cotabato, a teacher reportedly disclosed that boys as young as 12
disappeared from their classes when the MILF was engaged in encounters
with government troops. The MILF responded that it used children for
training but not for combat. The AFP disagreed, stating that many MILF
members killed or captured were children, some as young as 12.
The ASG also recruited teenagers to fight and participate in
criminal activities. There were reports that a significant number of
ASG members staffing the groups' camps were teenagers. The AFP said
that some Islamic schools in Mindanao served as fronts to indoctrinate
children, and that the ASG used children as couriers and spies. In
February the DSWD reported that seven former ``child warriors'' ages 11
to 15 admitted to having fought with the ASG against the AFP on Basilan
island.
In November 2001, the Government adopted a Comprehensive Program
Framework for Children in Armed Conflict, encompassing prevention,
advocacy, rescue, and reintegration. The Government noted that children
accounted for many of the casualties and captured elements during
military-insurgent clashes, that many of the children recruited by the
NPA and by the MILF came from indigenous communities, that some of the
children were forcibly recruited or abducted, and that girl recruits
were at risk for sexual exploitation.
A number of NGOs actively promoted children's rights.
Persons with Disabilities.--The law provides for equal physical
access for persons with disabilities 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.'' The law applies to both those with physical
and mental disabilities. The Department of Labor and Employment's
(DOLE) Bureau of Local Employment (BLE) maintains registers of persons
with disabilities indicating their skills and abilities. BLE monitors
private and public places of employment for violations of labor
standards regarding persons with disabilities and also promotes the
establishment of cooperatives and self-employment projects for persons
with disabilities.
Estimates of the number of disabled persons in the country ranged
from 1 million to 3 \1/2\ million. Advocates suspected the data were
incomplete due to the social stigma attached to persons with
disabilities. It is estimated that the majority of persons with
disabilities are younger than 65 years of age and live at home with
their families. Assisted living centers were understaffed and
underfunded.
The Government has mandated the provision of accessibility to
buildings for persons with disabilities. Advocates for persons with
disabilities contend that equal-access laws have been ineffective
because implementing regulations are weak, funding was inadequate, and
government programs were inadequately focused on integration. Many
public buildings, particularly older ones, lack functioning elevators,
meaning that persons in wheelchairs must be carried up stairwells. Many
schools have architectural barriers that make it difficult for persons
with disabilities to attend.
In August civil society leaders and local government officials in
Davao City formed a task force to survey all buildings without
accessibility features.
Government efforts to improve access for persons with disabilities
to transportation have been halting. Only one of Manila's metro lines
is wheelchair-accessible, and many stops have out-of-service elevators.
Buses lacked wheelchair lifts, and there have been reports of drivers
who failed to stop for passengers in wheelchairs. A limited number of
sidewalks have wheelchair ramps, but garbage cans and street vendors
often block access. Many of the sidewalk wheelchair ramps are crumbling
or too steep. The situation was worse in many small cities and towns.
Indigenous Persons.--Indigenous people live throughout the country
but primarily in the mountainous areas of northern and central Luzon
and in Mindanao. They account for about 16 percent of the national
population. Although no specific laws discriminate against indigenous
people, the remoteness of the areas that many inhabit and cultural bias
prevented their full integration into society. Indigenous children
suffered from lack of basic services, health, and education.
Because they inhabit mountainous areas also favored by guerrillas,
indigenous people suffered disproportionately from armed conflict.
Their lands were often the sites of armed encounters, and various
parties to the fighting have recruited many indigenous people. The MILF
reportedly has tried to recruit the Arumanen Manuvu tribe in central
Mindanao. In May there were reports that the governor of a central
Mindanao province was recruiting and arming indigenous people against
the terrorist NPA.
The 1997 Indigenous Peoples' Rights Act, which was intended to
implement constitutional provisions to protect indigenous people,
established a National Commission on Indigenous People (NCIP), which is
staffed by tribal members empowered to award certificates of title to
lands claimed by over 12 million indigenous people in the country. It
awards such ``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. Although the Government has been slow
to implement the legislation, primarily because of strong opposition
from mining and agribusiness interests, some limited progress has been
made. As of July, the Government had distributed almost 73,000 acres of
land to more than 2,500 indigenous families.
Indigenous people continued to face legal threats to their claims
to ancestral lands from developers and mining interests. The 1995
Mining Act promoted mining operations, hydroelectric dams, and other
large-scale projects that forced indigenous people to relocate and
abandon farming and hunting land that they have used for generations.
In April an expansion project for a commercial tree and coffee
plantation near Lake Sebu, South Cotabato, reportedly drove more than a
dozen indigenous families off their ancestral lands.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and laws provide for
the right of workers, including most public employees, with the
exception of the military and the police, to form and join trade
unions. Trade unions are independent of the Government. Unions have the
right to form or join federations or other labor groups.
There were 171 registered labor federations and more than 20,000
private sector unions, a small increase over 2001. The 1.6 million
union members represented almost 5 percent of the total workforce of 34
million. The number of firms using contractual labor, primarily large
employers, continued to grow.
As of December, the Bureau of Labor Relations had registered 1,150
public sector unions, compared with 943 at the end of 2001. Total
public sector union membership was nearly 237,000, up 13 percent from
2001.
Allegations of intimidation and discrimination in connection with
union activities are grounds for review as possible unfair labor
practices before the quasi-judicial National Labor Relations Commission
(NLRC). However, unions maintain that widespread ignorance of basic
standards and rights was a major obstacle to union organization. Before
disputes reach the NLRC, the Department of Labor and Employment
provides the services of a mediation board, which settles most of the
unfair labor practice disputes raised as grounds for strikes before the
strikes may be declared. DOLE, through the mediation board, also worked
to improve the functioning of labor-management councils in companies
that already had unions.
Unions have the right to affiliate with international trade union
confederations and trade secretariats. Two of the largest trade union
federations, the Trade Union Congress of the Philippines and the
Federation of Free Workers, were affiliated with the International
Confederation of Free Trade Unions (ICFTU) and the World Confederation
of Labor, respectively.
The ICFTU has claimed that a union may be registered only if it
represents at least 20 percent of workers in a bargaining unit, and
that the law requires an excessively high number of unions before a
federation or national center can be formed.
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 employees both
in the private sector and in government-owned or controlled
corporations. A similar right is afforded to most government workers.
Approximately 5 percent of the work force was organized. Collective
bargaining was freely practiced. The number of workers covered by
collective bargaining agreements rose to 228,894 or about 15 percent of
union members.
Subject to certain procedural restrictions, strikes in the private
sector are legal. However, unions are required to provide strike
notice, respect mandatory cooling-off periods, and obtain majority
member approval before calling a strike. By law the reason for striking
must be relevant to the labor contract or the law, and all means of
reconciliation must be exhausted. The Secretary of Labor and Employment
may intervene in some labor disputes by assuming jurisdiction and
mandating a settlement if the Secretary decides that the industry
involved in the strike is vital to national security. A total of 36
strikes took place during the year compared to 43 in 2001. Three
strikes were ongoing as of year's end.
The Labor Code provides that union officers who knowingly
participate in an illegal strike may be dismissed and, if convicted,
imprisoned for up to 3 years. However, according to the DOLE, there
never has been a conviction under this provision.
Trade union officials reported that underpayment of the minimum
wage and the use of contracting to avoid required benefits were common
practices, including in the Government-designated special economic
zones (SEZs), where tax benefits were used to encourage the growth of
export industries. Dismissal or threatened dismissal of union members
also was common, and there were reports that some workers were fired
after merely speaking with union organizers. There were reports that
some companies offered cash to employees who agreed to identify union
organizers. Some companies reportedly ordered overtime to disrupt union
meetings.
Labor law applies uniformly throughout the country, including the
SEZs. However, local political leaders and officials who govern the
SEZs have attempted 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 the enforcement of workers' rights to
organize. Despite objections from the DOLE, SEZ local directors claimed
authority to conduct their own inspections as part of the zones'
privileges intended by Congress. Hiring often was controlled tightly
through SEZ labor centers. In organizing efforts, union successes in
the SEZs have been few and marginal. Some mainstream unions avoided a
major unionizing effort in the lower wage SEZ industries, such as the
garment industry. They considered 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 who work on short-term
contracts in the zones' many electronics and garment factories. There
were reports that some companies in SEZs locked toilets during working
hours, except at break time.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
labor, including forced and bonded labor by children; however, despite
the Government's efforts, there were some reports of forced and bonded
labor, especially by children, mainly in prostitution, drug
trafficking, and other areas of the informal sector (see Sections 6.d.
and 6.f.). The legal minimum age for employment as a domestic worker is
15; over 4 million children 17 years of age or younger, including many
under 15, were so employed. Some recruiters reportedly brought girls
between the ages of 13 and 17 to work in Manila or Cebu under terms
that involved a ``loan'' advanced to their parents that the children
were obliged to repay through their work (see Section 6.f.). The DOLE
continued to address the problem of underage workers in family work
settings by prosecutions and fines of violators (see Sections 6.d. and
6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under the age
of 15, except under the direct and sole responsibility of parents or
guardians, or in cases in which employment in cinema, theater, radio,
or television is essential to the integrity of the production. The law
allows employment of those between the ages of 15 and 18 for such hours
and periods of the day as are determined by the Secretary of Labor, but
forbids the employment of persons under 18 years of age in hazardous or
dangerous work.
However, child labor remained a problem, and a significant number
of children were employed in the informal sector of the urban economy
or as unpaid family workers in rural areas--some as bonded laborers
(see Section 6.c.). The latest government survey reported at least 4
million working children, approximately 2.4 million of whom were
exposed to hazardous working environments, such as quarries and mines,
at docksides, and on fishing boats.
Most child labor occurred in the informal economy, most often in
family settings, and the Government rarely sought to prosecute a poor
family because it had a working child. Nevertheless, the Government, in
coordination with a number of domestic NGOs and international
organizations, implemented programs to develop other, safer options for
children, return them to school, and offer families viable economic
alternatives to child labor. The Government made greater attempts to
devote more resources to child labor programs, but resources remained
well below what was needed.
The Government and NGOs implemented programs to prevent the
engagement of children in exploitative child labor. DOLE worked with
domestic NGOs to educate communities on child labor and provided
counseling and other activities for children. DOLE and the Department
of Education worked with NGOs, UNICEF, and ILO/International Program on
the Elimination of Child Labor to assist children to return to school.
The Government also implemented fines and criminal prosecutions for
child labor violations in the formal sector, such as in manufacturing.
DOLE continued its efforts to rescue exploited child workers, rescuing
252 minors in 63 different operations during the year. The Employers
Confederation of the Philippines pursued an active and highly visible
program against child labor.
e. Acceptable Conditions of Work.--The national minimum wage did
not provide a decent standard of living for a worker and family.
Tripartite regional wage boards set minimum wages. A round of wage
increases was implemented in most regions of the country in January and
February. The highest rates were in the National Capital Region (NCR)
and the lowest in rural regions. The minimum daily wage for NCR
nonagricultural workers was $4.55 (243 pesos), which does not provide a
decent standard of living for a worker and family in the NCR. The
lowest minimum wages were in the ARMM, where the daily agricultural
wage was $2.45 (131 pesos). The regional wage board orders covered all
private sector workers except domestic servants and other persons
employed in the personal service of another person. Boards outside the
NCR exempted some employers because of factors such as establishment
size, industry sector, and involvement with exports, financial
distress, and level of capitalization. These exemptions excluded
substantial additional numbers of workers from coverage under the law.
Unions have filed complaints about the minimum wage exemption policies.
In practice violation of minimum wage standards was common, and
large numbers of workers received less than the minimum wage set for
their area. Many firms hired employees at below the minimum apprentice
rates, even if there was no approved training in their production-line
work. DOLE officials estimated that 60-70 percent of workers who should
be covered by the minimum wage were actually underpaid. They
acknowledged that the shortage of inspectors makes the law difficult to
enforce. In addition to fines, the Government also makes use of
administrative procedures and moral suasion to encourage employers to
voluntarily rectify violations. Complaints about nonpayment of social
security contributions, bonuses, and overtime are particularly common
with regard to companies in SEZs.
By law 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. The Government mandates an overtime rate of 125
percent of the hourly rate 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. The DOLE managed enforcement of workweek hours
through sporadic inspections.
The law provides for a comprehensive set of occupational safety and
health standards. The DOLE has responsibility for policy formulation
and review of these standards, but with only 260 positions allocated
for inspectors nationwide, local authorities often must carry out
enforcement. DOLE officials acknowledged that the number of inspectors
was not adequate for the number of work sites to be inspected. DOLE
launched a campaign to promote safer work environments in small
enterprises. Statistics on actual work-related accidents and illnesses
were incomplete, as incidents (especially in agriculture) were
underreported. Workers do not have a legally protected right to remove
themselves from dangerous work situations without risking loss of
employment.
The Government and several NGOs worked to protect the rights of the
country's 7.4 million overseas citizens, most of whom are temporary or
contract workers. The Government placed financial sanctions and
criminal charges on domestic recruiting agencies found guilty of unfair
labor practices. Although the Philippine Overseas Employment Agency
registered and supervised domestic recruiters' practices successfully,
the authorities sometimes failed to ensure workers' protection
overseas. It sought cooperation from receiving countries and proposed
migrant worker rights conventions in international forums. The
Government also provided assistance through its diplomatic missions in
countries with substantial numbers of migrant workers.
The labor laws protect foreign workers in the country. Foreign
workers must obtain work permits and may not engage in certain
occupations. Typically their work conditions were better than those
faced by citizens.
f. Trafficking in Persons.--Trafficking was a problem. At year's
end, there was no specific antitrafficking law; however, penalties are
severe under other relevant laws.
The Government used five laws against related illegal commerce to
address and prosecute trafficking. The penalty for illegal recruiting
is 6 years in prison, plus fines. When the crime involves three or more
victims, the perpetrators can be charged with economic sabotage, which
carries a maximum penalty of life imprisonment. The maximum penalty for
child trafficking under the child abuse law is life imprisonment. The
penalty for violation of the mail-order bride law is not less than 6
nor more than 8 years in prison. The maximum penalty for promoting or
facilitating prostitution or corruption of minors is life imprisonment.
The penalty for violation of the Passport Law by travel or recruitment
agents who make false representations is between 3 and 10 years in
prison.
The Government investigated cases of trafficking-related offenses,
but efforts were halting due to scarce resources. The principal
investigative agencies were the National Bureau of Intelligence, the
Bureau of Immigration and Detention, and the PNP Criminal Investigation
and Detection Group. The Government cooperated with international
investigations of trafficking. The Government has not extradited
persons charged with trafficking in other countries.
The Philippines was a source, transit, and destination country for
internationally trafficked persons. Internal trafficking was also a
problem. Reliable estimates on the numbers of individuals trafficked
were not available, primarily because of limited government and NGO
resources to maintain accurate information. The most serious problem
appeared to be the trafficking of women across international borders to
destinations in Asia, Europe, the Middle East, and North America. Many
of these women were forced to work in the sex industry.
Both adults and children were trafficked domestically from poor,
rural areas to major urban centers, especially metro Manila and other
cities on Luzon. A significant percentage of the victims of internal
trafficking were from Mindanao and were fleeing the severe poverty and
violence of their home areas. Women were far more at risk to be victims
of trafficking than men, and girls were more at risk than boys.
There were reports of the sexual exploitation of children. Despite
government efforts at law enforcement and expanded children's programs,
NGOs estimated that some 60,000 children were involved in the
commercial sex industry. Most of these children were girls, and nearly
all have dropped out of school. Children in the ``entertainment
industry'' work long (10 to 12), odd hours from evening until early
morning. Typically they come from families with unemployed or
irregularly employed parents.
Traffickers targeted the many persons seeking overseas employment.
Most recruits were girls and young women ages 15 to 22, from poor
farming families, with an average of 6 to 10 siblings. The traffickers
generally were private employment recruiters and their partners in
organized crime. Many recruiters targeted persons from their own
hometowns. The primary method used to approach victims was the promise
of a respectable and lucrative job.
There was no credible evidence that government institutions
facilitated or condoned trafficking in persons. However, there was
considerable anecdotal evidence that some officials (such as customs
officers, border guards, immigration officials, local police, or
others) received bribes from traffickers or otherwise assisted in their
operations.
Victims faced special health risks, such as contracting sexually
transmitted or other infectious diseases, as well as susceptibility to
beatings, sexual abuse, and humiliation.
The Government devoted significant resources to assist and protect
victims. The Government assisted victims by providing temporary (not
permanent) residency status and relief from deportation, shelter, and
access to legal, medical, and psychological services. Additional
protective services included hot lines for reporting cases, and the
operation of 24-hour crisis intervention units in 16 regions of the
country to respond to victims.
The Department of Social Welfare and Development was the lead
agency on protection of victims. DSWD and many private groups have
established shelters and rehabilitation centers. DSWD provided economic
aid to victims, including residential care. The Department of Justice
was responsible for protecting the rights of victims of trafficking.
The Government did not provide funding to foreign or domestic NGOs
for services to victims. Religious groups, multinational donor
agencies, and private foundations typically funded these NGOs. However,
there were instances in which government agencies provided facilities
to NGOs, such as a program in which the Philippine Port Authority built
a shelter for victims of domestic trafficking operated by a local NGO.
The Government rarely deported or charged victims of trafficking
with crimes, but police frequently charged alleged prostitutes with
vagrancy. There were no reliable statistics to determine if these
individuals were victims of trafficking. The concept of a trafficked
person as a victim rather than a perpetrator was particularly strong.
Victims may file civil suits or seek legal action against
traffickers. Most victims who choose to do so file charges of illegal
recruitment. The Government lacked substantial resources to support
this.
Numerous government agencies and officials, as well as NGOs and
international organizations, launched vigorous public information
campaigns against trafficking. The Government supported other programs
to prevent trafficking such as the promotion of women's participation
in economic decisionmaking, and efforts to keep children in school. The
Government provided skills training to women, lessening the need for
them to go to urban centers or overseas for employment. However,
funding, remained limited, and additional prevention activities were
needed.
__________
SAMOA
Samoa is a parliamentary democracy that incorporates certain
traditional practices into its legislative system. The Constitution
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 other fundamental
rights and freedoms. In 2001 the Human Rights Protection Party won
reelection to its sixth term and holds 30 of the 49 parliamentary
seats. Executive authority is vested in the Head of State with the
Government administered by the Cabinet, which consists 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 it 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 economy is market based with more than 60 percent of the
workforce employed in the agricultural sector. Fish, kava, and coconut
products are the principal exports. The small industrial sector is
dominated by a foreign factory that assembles automotive electrical
parts for export. The Government continued an effort to promote
tourism. The country was heavily dependent on foreign aid and on
remittances sent to family members by the more than 100,000 citizens
living overseas. The Government reported a 6.5 percent gross domestic
product increase in 2001 and a per capita income of $1,600. The
population is approximately 191,000.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. The law and the
courts addressed some of these problems. Political discrimination
against women and non-matai, and violence against women and children
were problems. 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, violence, and
banishment. Religious freedom was further extended when a court ruled
that a village council could not banish a bible study group and that
village rules restricting religious practices were illegal. Samoa was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
On July 23, the authorities ruled that the death of Taliaoa
Taamilosaga and three other persons was a homicide. Taamilosaga was a
candidate in a parliamentary by-election and had refused to withdraw in
favor of the village leadership's preferred candidate. At year's end,
no one had been charged in the case.
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 government officials employed them.
Jail conditions generally appeared to meet international standards,
although they were fairly basic with respect to food and sanitation.
There were no known requests by independent human rights observers to
visit prisons; however, the Government indicated that it would permit
such visits. Prison visits by family members and church representatives
also were permitted.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The law provides for issuance by the High
Court of an arrest warrant based on sufficient evidence, and the
Government adhered to this provision in practice. The law provides for
the right to a prompt judicial determination regarding the legality of
detention, and the authorities respected this right in practice.
Detainees are informed within 24 hours of the charges against them, or
they are released. Detainees were allowed prompt access to family
members and a lawyer of their choice. If the detainee is indigent, the
Government provides a lawyer. There is a functioning system of bail.
Villages are governed by traditional law, and the fono may mete out
banishment, one of the harshest forms of punishment in this collective
society. In some cases, civil courts have overruled banishment orders.
On July 19, the Lands and Titles Court ruled that the banishment of a
bible study group by the Salailua village council was illegal (see
Section 2.c.).
Exile is prohibited by law, and the Government did not use it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judiciary consists of magistrates' courts, coroners' courts,
and the Lands and Titles Court, with the High or Supreme Court acting
as the court of final appeal.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. The accused must be charged
within 24 hours. A trial judge examines evidence and makes a
determination as to whether there are grounds to proceed. Trials are
public, and defendants have the right to be present and to timely
consultation with an attorney, at public expense if required.
Defendants may confront witnesses and present witnesses and evidence on
their own behalf. Defendants and their attorneys have access to
government-held evidence, and defendants have the right to appeal a
verdict.
However, many civil and criminal matters were handled by village
fono, which varied 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 appeal to the Lands and Titles Court and to the Supreme
Court. In 2000 the Supreme Court ruled that the Village Fono Act may
not be used to infringe upon villagers' freedom of religion, speech,
assembly, or association (see Section 2.c.).
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law provides substantive and procedural safeguards
against invasion of the home or seizure of property, including a
requirement for search warrants, which are issued by the judicial
branch. However, there is little or no privacy in villages. While
village officials by law must have permission to enter homes, there can
be substantial societal pressure to grant such permission.
In accordance with traditional law, village fono may impose a
punishment of banishment (see Sections 1.d. and 1.e.); however, during
the year, there were no instances of appeals courts upholding a village
fono in imposing such punishment.
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. Unlike in past years, there were no
instances of government officials attempting to use their authority to
influence the press.
Two English-language newspapers and a number of Samoan-language
newspapers are printed regularly. The law requires journalists to
reveal their sources in the event of a defamation suit against them.
There has been no court case invoking this law.
The Government operates the sole television station. There are four
private radio stations (one AM and three FM), and a satellite-cable
system is available in parts of Apia. Television from American Samoa is
readily available. Internet use is expanding rapidly, both as a news
source and as a means of two-way communication; there was no government
interference with its use.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. In 2000 the Supreme Court
ruled that the Village Fono Act may not be used to infringe upon
villagers' freedom of religion, speech, assembly, or association (see
Sections 1.e. and 2.c.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution acknowledges ``an Independent State based on
Christian principles and Samoan custom and traditions.'' Although
Christianity is favored constitutionally, there is no official or state
denomination. There are no requirements for the recognition of a
religious group or for licenses or registration.
The Constitution grants each person the right to change religion or
belief and to worship or teach religion alone or with others; however,
in practice the matai often choose the religious denomination of the
``aiga'' (extended family). In recent years, despite the constitutional
protection, village councils--in the name of maintaining social harmony
within the village--sometimes banished or punished families that did
not adhere to the prevailing religious belief in the village. However,
during the year, there were no new cases of individuals being banished
by villages due to their practicing religion differently from that
practiced by the village majority.
On July 19, the Lands and Titles Court ruled that the banishment of
a bible study group by the Saluilua village fono was illegal and
further ruled that a village law restricting religious practice was
illegal.
Missionaries operated freely, either as part of one of the
established churches, or by conducting independent revival meetings.
The major denominations that were present in the country all had
missionaries. There is an independent Christian radio and television
station.
The Constitution provides for freedom from unwanted religious
indoctrination in schools but gives each denomination or religion the
right to establish its own schools; these provisions were adhered to in
practice. There were both religious and public schools; the public
schools did not have religious instruction as part of their curriculum.
There were pastoral schools in most villages to provide religious
instruction following school hours.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, in past years some citizens either were banned from village
activities or banished completely from their villages.
The Government actively supported emigration as a ``safety valve''
for the pressures of a growing population, especially for potentially
rebellious youths, and because it generated foreign income through
remittances. There were an estimated 100,000 citizens living abroad,
and their remittances made a significant contribution to the national
economy.
The country is a signatory of the 1951 U.N. Convention Relating to
the Status of Refugees and its 1967 Protocol; however, the Government
has not enacted enabling legislation or formulated a policy regarding
refugees, asylees, or first asylum. Nevertheless, the authorities have
indicated that they would conform to international norms if such cases
should arise. The issue of the provision of first asylum has never
arisen. The Government was prepared to cooperate with the office of the
U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees; however, the need 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
Citizens have the right to change their government through direct
multiparty elections held on the basis of universal suffrage; however,
women's political rights are restricted by the fact that few of them
are 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. Matai are selected by family agreement; there is no age
qualification. Matai control local government through the village fono,
which are open to them alone. The remaining two seats are reserved for
citizens not of Samoan heritage.
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 six consecutive elections
since 1982. Although candidates were free to propose themselves for
electoral office, in practice they required the approval of the village
high chiefs.
In elections in March 2001, the HRPP won 23 seats and declared
victory 2 weeks later when 5 opposition party members switched to the
HRPP. At year's end, the HRPP held 30 of the Parliament's 49 seats. The
remaining seats were divided between the opposition Samoa National
Development Party and the United Independents. The election was marred
by charges of bribery, and 10 losing candidates initially filed
election challenges. Following a series of trials from May through
September 2001, the Supreme Court in September ordered four by-
elections. In August 2001, the Attorney General ordered the High Court
to consider no further challenges and thereby prevented as many as 40
additional challenges from being filed. The HRPP won all four court-
ordered by-elections.
Retaliation was directed against witnesses who testified in bribery
cases. In March 2001, the Afega village council banished 10 persons and
their families for giving evidence in such a case; however, in June the
High Court overturned the village court order, and the persons returned
to their village. Other candidates who ran against the wishes of their
village councils were banished. For example, in January 2001, Aeau
Peniamina Leavai, former parliamentarian and former Speaker of
Parliament, and his family were banned from entering his village of
Falealupo, reportedly because he ran for Parliament against the wishes
of the village council (see Section 1.f.). On July 23, the authorities
determined that the deaths of four persons, including a candidate in a
parliamentary by-election who had refused to give way to the village
candidate, were homicides (see Section 1.a.).
There were no prohibitions on the formation of opposition parties,
and there were a total of five political parties, two of which were
represented in Parliament.
Approximately 51 percent of women in the country vote, and there
are 3 women in the 49-member legislature. There is one woman in the 12-
person Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials were cooperative and
responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
disability, language, or social status. There are no significant ethnic
minorities. Politics and culture reflect a heritage of chiefly
privilege and power, and members of certain families have some
advantages. While there was discrimination against women and non-matai,
who only occasionally reached high office, women (and particularly the
few female matai) played an important role in society.
Women.--While the law prohibits the abuse of women, social custom
tolerates their physical abuse within the home; abuse was common. The
role and rights of the village fono and tradition prevented police from
interfering in instances of domestic violence, unless there was a
complaint from the victim--which village custom strongly discouraged.
While police received some complaints from abused women, domestic
violence offenders typically were punished by village councils, but
only if the abuse was considered extreme (that is, visible signs of
physical abuse). The village religious leader also may intervene in
domestic disputes. The Government punished persons responsible for
extreme assault cases, including by imprisonment.
Many cases of rape still go unreported because tradition and custom
discourage such reporting; spousal rape is not illegal. Despite such
discouragement, the authorities noted an increasing number of reported
cases of rape, as women slowly became more forthcoming with the police.
Rape cases that reached the courts were treated seriously. Convicted
offenders often were given relatively stiff sentences of several years'
imprisonment.
Prostitution is illegal, but it was becoming a problem. The law
prohibits sex tourism. Sexual harassment is prohibited by law; it was
not a widespread problem but was believed to be underreported.
Women have equal rights under the Constitution and statutory law,
and 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 secure the rights of
women; during the year, it was increasingly active on the problem of
domestic violence. In order to integrate women into the economic
mainstream, the Government sponsored literacy programs and training
programs for those not completing high school. On July 31, the
Government issued a detailed report on The Status of Women in Samoa.
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.
Education was free and compulsory through age 16. Boys and girls were
treated equally and attended school in approximately equal percentages,
and the average educational level reached by most children was junior
high school. The Government provided health care for children at public
hospitals for minimal charge. Law and tradition prohibit severe abuse
of children, but tradition tolerates corporal punishment. The police
have noted an increase in reported cases of child abuse, which was
attributed to citizens becoming more aware of the need to report the
physical, emotional, and sexual abuse of children. There were no
reports of child prostitution. The nongovernmental organization
Mapusaga o Aiga (Women against Domestic Violence) provided limited
educational programs on children's rights.
There was one behavior modification camp for foreign children with
emotional or behavioral problems. A second camp closed in 2001
following allegations of mistreatment of some of the children in its
care.
Persons with Disabilities.--The Government has passed no
legislation pertaining to the status of persons with disabilities or
regarding accessibility for them. Tradition dictates that families care
for persons with disabilities, and this custom was observed widely in
practice. There were no reports of societal discrimination against
persons with physical or mental disabilities.
Section 6. Worker Rights
a. The Right of Association.--Workers legally have unrestricted
rights to establish and join organizations of their own choosing. There
were no practical limitations to union membership, and approximately 20
percent of the workforce was unionized. There are two trade unions in
the country. The Samoa National Union, organized in 1994, is a six-
member association that includes workers from the three major banks. A
second union represented members at the sole factory in the country.
Both unions were independent of the Government and political parties.
The Public Service Association, which represents government workers (an
increasingly important sector of the work force), also functions as a
union. There are no laws specific to union activity. The Commissioner
of Labor adjudicates any cases of retribution against strikers or union
leaders on a case-by-case basis.
The Public Service Association freely maintained relations with
international bodies and participated in bilateral exchanges.
b. The Right to Organize and Bargain Collectively.--While workers
have the legal right to engage in collective bargaining, they seldom
have practiced it, due to the novelty of union activity and the
inexperience of union leaders. The Public Service Association engages
in collective bargaining on behalf of government workers, including
bargaining on wages. 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 such disputes rarely arise.
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.
Labor law and practice in the sole export processing zone are the
same as in the rest of the country.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, in this collective
society, persons, including minors, frequently were called upon to work
for their villages. Most persons did so willingly; however, the matai
may compel those who do not (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under the law, 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; however, no cases were prosecuted during the
year. Children frequently were seen vending goods and food on Apia
street corners. Although the practice constitutes a violation of the
law, local officials mostly tolerated and overlooked it. There were no
reports of bonded labor by children; however, the law does not apply to
service rendered to the matai, some of whom required children to work
for the village, primarily on village farms (see Section 6.c.).
The country is not a member of the International Labor Organization
(ILO) and has not ratified ILO Convention 182 on the worst forms of
child labor.
e. Acceptable Conditions of Work.--The law establishes for the
private sector a 40-hour workweek and an hourly minimum wage of $0.55
(WS$1.60). 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. This minimum wage sufficed for a basic
standard of living for worker and family when supplemented by the
subsistence farming and fishing in which most families engage. The law
provides that no worker should be required to work for more than 40
hours in any week.
The law also establishes certain rudimentary safety and health
standards, which the Attorney General is responsible for enforcing.
However, independent observers reported that the safety laws were not
enforced strictly, except when accidents highlighted noncompliance.
Many agricultural workers, among others, were protected inadequately
from pesticides and other dangers to health. Government education
programs were addressing these concerns. The law does not apply to
service rendered to the matai. While the law does not address
specifically 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 were enforced adequately by the Public
Service Commission.
Foreign workers are protected by law; minimum wage and working
conditions standards apply equally to them. There were very few foreign
workers in the country due to the high unemployment rate. Most foreign
workers were educated professionals in technical and health services
fields.
f. Trafficking in Persons.--The law prohibits trafficking in
persons, and there were no reports that persons were trafficked to,
from, or within the country.
----------
SINGAPORE
Singapore is a parliamentary republic in which politics was
dominated overwhelmingly by the People's Action Party (PAP), which has
been in power since the country gained autonomy from the United Kingdom
in 1959. Opposition parties existed, and there were regularly contested
elections. However, the PAP held 82 of 84 elected parliamentary seats
and all ministerial positions. Elections took place at regular,
constitutionally mandated intervals. The judiciary was efficient and
constitutionally independent; however, there was a perception that it
reflected the views of the executive in politically sensitive cases. In
the past, government leaders have used court proceedings, in particular
defamation suits, against political opponents and critics.
The police were responsible for routine security within the country
and for border protection, including action against illegal immigrants.
Military forces were responsible for external defense. The Internal
Security Department (ISD) in the Ministry of Home Affairs was
authorized by the Internal Security Act (ISA) to counter perceived
threats to the nation's security such as espionage, international
terrorism, threats to racial and religious harmony, and subversion. The
Government maintained effective control over all security activities.
Some members of the security forces committed human rights abuses.
The country has a free market economy. The country's population was
approximately 4 million. Financial and business services industries,
manufacturing of semiconductors and telecommunications equipment, and
petroleum refining and petrochemical production were key sectors of the
economy. The Government liberalized market access for
telecommunications and some types of financial services. The economy
grew by 2 percent, following a 2 percent decline in 2001. Wealth was
distributed broadly, and the unemployment rate was low.
The Government generally respected the human rights of its
citizens; however, there were significant problems in some areas. The
Government had wide powers to limit citizens' rights and to handicap
political opposition. There were a few instances of police abuse of
detainees; however, the Government investigated and punished those
found guilty, and the media fully covered allegations of mistreatment.
Caning, in addition to imprisonment, was a routine punishment for
numerous offenses. The Government continued to rely on preventive
detention to deal with espionage, terrorism, organized crime, and
narcotics. The authorities sometimes infringed on citizens' privacy
rights. The Government continued to significantly restrict freedom of
speech and freedom of the press, as well as to limit other civil and
political rights. Government pressure to conform resulted in the
practice of self-censorship among journalists. Government leaders
continued to utilize court proceedings and defamation suits against
political opponents and critics. These suits, which have consistently
been decided in favor of government plaintiffs, chilled political
speech and action and created a perception that the ruling party used
the judicial system for political purposes. Following the 2001 general
election, Senior Minister Lee Kuan Yen and Prime Minister Goh Chok Tong
sued an opposition leader, Chee Soon Juan, for defamation based upon
comments Chee made during the campaign. In August a court ordered a
hearing to set the amount of damages Chee would owe the Ministers.
Chee, who said he could not find a local lawyer, was not allowed to
bring in foreign counsel and represented himself in the hearing.
There was a moderate level of ongoing debate in newspapers and
Internet chat groups on various public issues. A Speakers' Corner
continued to provide a public forum for persons to speak on a range of
issues. However, government restrictions on its use, including
prohibitions on sensitive ethnic or religious issues, inhibited free
speech. The Government significantly restricted freedom of assembly and
freedom of association. Jehovah's Witnesses and the Unification Church
were banned; however, in general, freedom of religion otherwise was
respected. There was some legal discrimination against women, which
affected benefits for children and husbands in limited cases. The
Government moved actively to counter societal discrimination against
women and minorities, and recent legal changes improved treatment for
women regarding spousal immigration and health benefits for civil
servants. The Government was strongly committed to children's rights
and welfare, and implemented a comprehensive program for barrier-free
accessibility for persons with disabilities. Foreign workers were
vulnerable to mistreatment and abuse. Violence and some discrimination
against women and concern over possible trafficking in persons for the
purpose of prostitution persisted. Singapore was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as an
observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of arbitrary or unlawful deprivation of life committed by the
Government or its agents.
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 were occasional
instances of police mistreatment of detainees, and there were a few
reports of police abuse during the year. Persons who alleged
mistreatment by the police were permitted to bring criminal charges
against government officials who were alleged to have committed such
acts. The media reports fully on allegations of police abuse of those
arrested, and the Government took action against abusers. Approximately
10 law enforcement officers were imprisoned between 1995 and 1999 for
using excessive force on prisoners and suspects. In 2001 four prison
guards were sentenced to 9 months in prison for handcuffing and beating
a prisoner in 2000. Also in 2001, a police corporal was sentenced to 9
months in prison for kicking a man in 2000.
The Penal Code mandates caning, in addition to imprisonment, as
punishment for approximately 30 offenses involving the use of violence
or threat of violence against a person, such as rape and robbery, and
for nonviolent offenses such 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 and men over age 50 or
under age 16, and those determined medically unfit are exempt from
punishment by caning. Although statistics for the year were not
available, caning was a commonly administered punishment within the
stipulations of the law.
Prison conditions, while Spartan, generally were believed to meet
international standards. However, an opposition member who served a 5-
week prison sentence said after his release that he and other sick bay
inmates had been chained to their beds at night. The Government
responded that the inmates were restrained to minimize the risk of
hurting themselves, medical staff, or other inmates. The Government did
not allow human rights monitors to visit prisons; however, embassy
officials were given consular access.
d. Arbitrary Arrest, Detention, or Exile.--The law provides that,
in most instances, arrests are 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 majority of those arrested are charged expeditiously and
brought to trial. Those who faced criminal charges were allowed
counsel, and the Law Society of Singapore administered a criminal legal
aid plan for those who could not afford to hire an attorney. A
functioning system of bail exists. In death penalty cases, the Supreme
Court appoints two attorneys for those defendants who are unable to
afford their own counsel.
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 and
detention without a warrant or judicial review. The ISA has been
employed primarily against suspected security threats. Historically,
these threats have been Communist-related; however, during the year,
the ISA was employed against suspected terrorists. Opposition
politicians have called for the abolition of the ISA, but the
Government rejected these calls, claiming that citizens accept the act
as an element of the nation's security. The CLA historically has been
employed primarily against suspected organized crime and drug
trafficking.
The ISA and the CLA permit preventive detention without trial for
the protection of public security, safety, or the maintenance of public
order. The ISA gives broad discretion to the Minister for Home Affairs
to order detention without charge 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 no right 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.
In 2000 the Government released a statement confirming that an
individual detained by the ISA in 1998 was still in detention, however,
it was not clear whether this was still the case at year's end. There
were no further reports of detainees under the ISA until the end of
2001, when 15 suspected Islamic militants were detained, some of whom
were alleged to have ties to the Al-Qa'ida terrorist organization.
Thirteen of these were ordered subsequently to preventive detention for
a period of 2 years; two others were released with restrictions on
their travel and their contacts. In August, additional terrorist
suspects were detained under the ISA. Three were subsequently released
with restrictions.
The CLA comes up for renewal every 5 years, most recently in 1999.
Under its provisions, the Minister for Home Affairs may order
preventive detention, with the concurrence of the Public Prosecutor,
for an initial period of 1 year, and the President may extend detention
for additional periods of 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 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 this hearing, in which a 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 CLA are entitled to
counsel but may challenge only the substantive basis for their
detention to the CLAC. The CLA is used almost exclusively in cases
involving narcotics or criminal organizations and has not been used for
political purposes. According to official figures, approximately 400
persons were in detention under the provisions of the CLA as of June
2000, the most recent year for which information was available. Persons
who allege mistreatment while in detention may bring criminal charges
against government officials who are alleged to have committed such
acts.
Both the ISA and the CLA contain provisions that allow for modified
forms of detention such as curfews, residence limitations, requirements
to report regularly to the authorities, limitations on travel, and, 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
abusers to a drug rehabilitation center for a 6-month period, which is
extendable by a review committee of the institution for up to a maximum
of 3 years. Under the Intoxicating Substances Act, the CNB director may
order the treatment for rehabilitation of a person believed to be an
inhalant drug abuser for up to 6 months.
The Constitution prohibits exile and the country did not use forced
exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision; however, in practice, laws that limit judicial review allow
for some restrictions on Constitutional rights. Some judicial
officials, especially Supreme Court judges, had ties to the ruling
party and its leaders. The President appoints judges to the Supreme
Court on the recommendation of the Prime Minister and 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. 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. These laws provide
the Government with the power to limit, on vaguely defined national
security grounds, the scope of certain fundamental liberties that
otherwise are provided for in the Constitution.
Government leaders historically have used court proceedings, in
particular defamation suits, against political opponents and critics
(see Sections 2.a. and 3). Both this practice and consistent awards in
favor of government plaintiffs raised questions about the relationship
between the Government and the judiciary and led to a perception that
the judiciary reflected the views of the executive in politically
sensitive cases. Opposition leader Chee Soon Juan, charged with
defamation by the Prime Minister and Senior Minister, stated he was
unable to retain experienced local counsel (see Section 2.a.). Chee
requested the judge hearing the case to allow a foreign lawyer to
represent him. In April the judge ruled that he had not established
that the complexity of his case merited foreign counsel and refused the
request. In an August summary judgment proceeding, Chee represented
himself unsuccessfully. He protested that the judge's bar against
foreign counsel significantly had handicapped his ability to receive a
fair hearing.
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. 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, which is applicable
only to Muslims. Supreme Court Justices may choose to 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 to remove a justice ``on the
ground of misbehavior or inability . . . to properly discharge the
functions'' of office, but it never has been used.
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 and to be represented by
an attorney; the Law Society administers a criminal legal aid plan for
those who cannot afford to hire an attorney. Defendants also have the
right 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 heard by a 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 is a two-tier military court system, which has jurisdiction
over all military servicemen, civilians in the service of the Armed
Forces, and volunteers when they are ordered to report for service. The
Military Court of Appeal has the jurisdiction to examine an appeal from
a person convicted at a subordinate military court. The trials are
public and the defendants have the right to be present. An accused
individual also has the right to defense representation.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution does not address privacy rights. The
Government generally respected the privacy of homes and families;
however, it had a pervasive influence over civic and economic life and
sometimes used 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 a 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 and order, or the public interest are at issue.
Defendants may request judicial review of such searches.
Law enforcement agencies, including the Internal Security
Department and the Corrupt Practices Investigation Board, had extensive
networks for gathering information and conducting surveillance, and
highly sophisticated capabilities to monitor telephone and other
private conversations. No court warrants were required for such
operations. It was believed that the authorities routinely monitored
telephone conversations and the use of the Internet; however, there
were no confirmed reports of such practices during the year. The law
permits government monitoring of Internet use. It was widely believed
that the authorities routinely conducted surveillance on some
opposition politicians and other government critics; however, no such
reports were substantiated during the year.
In pursuit of what it considered the public interest, the
Government generally enforced ethnic ratios for publicly subsidized
housing, where the majority of citizens lived and owned their own
units. The policy was designed to achieve an ethnic mix more or less in
proportion to that in society at large (see Sections 1.d. and 5).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and freedom of expression but permits official
restrictions on these rights, and in practice the Government
significantly restricted freedom of speech and freedom of the press.
The Government's authoritarian style fostered an atmosphere inimical to
free speech and a free press. Government intimidation and pressure to
conform resulted in the practice of self-censorship among journalists;
however, there was some limited progress towards greater openness
during the year, including a moderate level of ongoing debate in
newspapers and Internet chat groups on various public issues.
Under the ISA, the Government may restrict or 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. While
the ISA rarely was invoked in recent years, political opposition, and
criticism remained restricted by the Government's authority to define
these powers broadly. Occasional government references to speech that
it considered ``out-of-bounds'' were understood to be implicit threats
to invoke the ISA; however, these limits are not codified, and
journalists and others generally believed these limitations have
shifted toward greater tolerance in recent years.
Government leaders urged that news media support the goals of the
elected leadership and help maintain social and religious harmony. In
addition, strict defamation and press laws and the Government's
demonstrated willingness to respond vigorously to what it considered
personal attacks on officials sometimes led journalists and editors to
moderate or limit what was published.
Under the Public Entertainment and Meetings Act (PEMA), a permit is
required for virtually any form of public speech or entertainment (see
also Section 2.b.). In June Chee Soon Juan, Secretary-General of the
opposition Singapore Democratic Party, after being denied a permit, was
charged under PEMA for holding an unauthorized rally in May outside the
Istana, the Government compound housing the offices of the President
and the Prime Minister. Chee was fined $2,500 (S$4500) and his
colleague was fined $1,700 (S$3000). Chee chose to serve a 5-week
prison sentence rather than pay the fine.
In September 2000, a Speakers' Corner opened in a financial
district park; however, government restrictions limit speakers' ability
to speak freely. Prospective speakers must be citizens, must show their
identification cards, and are required to register in advance with
police. However, they do not need to obtain a public entertainment
license. There is a ban on sound amplification at the Speakers' Corner.
A list of registered speakers was posted on a notice board outside the
police station. While speech topics were not required to be declared in
advance, government regulations governing the Speakers' Corner stated
that ``the speech should not be religious in nature and should not have
the potential to cause feelings of enmity, ill will, or hostility
between different racial or religious groups.'' In early 2001, police
issued a public notice stating that activities at the Speakers' Corner,
including demonstrations and marches, required public permits;
violators and persons engaging in ``disorderly behavior'' were
subjected to prosecution. A variety of persons, including politicians,
social activists, and ordinary citizens, availed themselves of the
Speakers' Corner during the year. In February opposition figure Chee
Soon Juan spoke at the Corner to criticize the Government's enforcement
of a ban on schoolgirls wearing the ``tudung,'' a headscarf that some
Muslims considered a religious requirement. When he registered to
speak, police called Chee's attention to the ban on discussion of
sensitive issues, then did so again after he began his speech. Chee was
allowed to finish his remarks. However, in July he was charged with
violation of the PEMA and convicted. The $1,700 (S$3,000) fine imposed
on Chee affected his ability to participate in politics. Under the
Constitution individuals who are fined more than $1,100 (S$2,000)
cannot stand in a parliamentary election for 5 years.
The Government strongly influenced both the print and the
electronic media. Singapore Press Holdings Ltd. (SPH), a private
holding company with close ties to the Government, owned 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. As a result, while newspapers printed 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 reflected government
policies and the opinions of government leaders. However, columnists'
opinions, editorials, and letters to the editor expressed a range of
moderate opinions on public issues.
Government-linked companies and organizations operated all
broadcast television channels and almost all radio stations. Only one
radio station, the British Broadcasting Corporation (BBC) World
Service, was completely independent of the Government. Some Malaysian
and Indonesian television and radio programming could be received, but
satellite dishes were banned, with few exceptions. However, households
subscribing to cable had access to three foreign television news
channels and many entertainment channels, including some with news
programs.
An increasing number of foreign media operations were located
within the country. The law requires foreign publications that report
on politics and current events in Southeast Asia to register, to post a
$133,000 (S$234,000) bond, and to name a person in the country to
accept legal service. These requirements strengthen the Government's
control over foreign media. Under the Newspaper and Printing Presses
Act, the Government may limit the circulation of foreign publications
that it determines interfere with domestic politics. The importation of
some publications was barred, although a wide range of international
magazines and newspapers could be purchased uncensored. However,
newspapers printed in Malaysia may not be imported. The weekly
circulation of the Asian Wall Street Journal (AWSJ) and the Far Eastern
Economic Review (FEER), both foreign publications, was limited (or
``gazetted''). Asiaweek also was subjected to circulation limits prior
to ceasing publication. The Government gradually has raised the allowed
weekly circulation of publications to correspond more or less to actual
demand; this permitted the Government to maintain control over the
press while still maintaining some flexibility. The Government also may
ban the circulation of domestic and foreign publications under
provisions of the ISA and the UPA. In 2001 Parliament passed an
amendment to the Singapore Broadcasting Act that empowers the Minister
for Information and the Arts to ``gazette'' any foreign broadcaster
deemed to be engaging in domestic politics. Once gazetted a broadcaster
is required to obtain express permission from the Minister to continue
broadcasting in the country. The broadcaster also is subject to
restrictions on the number of households receiving its programming,
under penalty of fines of up to $57,000 (S$100,000).
The country's defamation laws make it relatively easy for
plaintiffs to win substantial judgments for damages and legal costs.
Threats of defamation actions often persuade newspapers and others to
apologize and pay damages for perceived slights, a situation which
prompts general caution in expressing criticisms. Critics charged that
government leaders used defamation lawsuits or threats of such actions
to discourage public criticism and intimidate opposition politicians
and the press. The unbroken success of government leaders' suits in the
last decade has fostered public caution about political speech and a
culture of self-censorship within the news media, and has inhibited
opposition politics. During the last decade, ruling party leaders sued
opposition politicians J.B. Jeyaretnam, Chee Soon Juan, and Tang Liang
Hong for defamation several times. The Government argued that these
individuals had repeatedly defamed ruling party leaders, who then acted
to clear their names. At the end of 2001, Senior Minister Lee Kuan Yew
and Prime Minister Goh Chok Tong sued opposition leader Chee Soon Juan
for defamation, based upon comments Chee made during a campaign stop
prior to the November general election. During the 2001 campaign, Chee
issued a public apology, which he later retracted, then countersued the
Senior Minister for calling him a ``liar'' and a ``cheat.'' In August a
court ruled that Chee's earlier statements effectively had conceded the
defamation charges, but ordered a hearing to set the amount of damages.
Chee represented himself in the hearing after being refused permission
to retain foreign counsel (see Section 1.e.). During 2001 J.B.
Jeyaretnam, an opposition nonelected Member of Parliament (M.P.) from
the Worker's Party (WP), lost an appeal and was declared bankrupt for
failing to pay the defamation damages stemming from an earlier WP
publication. The bankruptcy forced Jeyaretnam to resign his
parliamentary seat (see Section 3). In April Jeyaretnam formally
apologized to Senior Minister Lee Kuan Yew and nine other ruling party
members for remarks made during the 1997 campaign; those same remarks
had been the basis for a 1998 judgment in favor of the Prime Minister.
In exchange for the apology, the 10 men dropped defamation lawsuits
against Jeyaretnam, and agreed to forgo damages.
In August the Bloomberg news service publicly apologized and agreed
to pay $338,000 (S$595,000) in damages to Prime Minister Goh and Senior
Minister Lee Kuan Yew for an Internet-distributed Bloomberg column
which accused them of nepotism. The column alleged that Ms. Ho Ching,
Deputy Prime Minister Le Hsien Loong's wife, was promoted to the senior
position in the main government investment holding company because of
her relationship with the senior leadership. In July police seized the
computers of two men as part of a formal investigation into whether
their Internet postings the previous month had constituted criminal
defamation. These postings also had raised the issue of nepotism.
Conviction on criminal defamation charges can result in a prison
sentence of up to 2 years, a fine, or both. One of the men, Zulfikar
Mohamad Shariff, later left the country for Australia, asserting that
the country's judicial system politically was biased. The other man
complained that, 2 weeks after seizure of his computer, authorities had
compelled him to stay in a mental facility for more than a week. In
2001 other criminal charges against the man for an Internet posting
were dropped after a government consultant told the court he had
longstanding mental problems, and his wife agreed to send him for
treatment. No new information was available at year's end.
The Singapore Broadcasting Authority (SBA) censored broadcast media
and Internet sites. The Ministry of Information and the Arts (MITA)
censored all other media, including movies, video materials, computer
games, and music. Both SBA and MITA developed censorship standards with
the help of a citizen advisory panel. The ISA, the UPA, and the Films
Act allow the ban, seizure, censorship, or restriction of written,
visual, or musical materials by these two agencies if they determine
that such materials 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. In June, under these
guidelines, a local radio station was fined for adding personal
comments to news items in violation of the censorship code. Polls
indicated that there was strong public support for continued censorship
of sex and violence in films. There was a list of banned films, which
was not made public. Certain films that might have been barred from
general release may be allowed limited showings, either censored or
uncensored, with a special rating.
The list of banned English-language publications consisted
primarily of sexually oriented materials, but also included some
religious and political publications. In 2001 singer Janet Jackson's
album ``All for You'' was banned officially by the Ministry of
Information and the Arts due to the sexually explicit lyrics of one of
its tracks; Jackson declined to delete the track from the album. The
ban was upheld over an appeal submitted by the local distributor. In
March Jackson reissued the album worldwide without the track;
authorities approved this version for release.
The Films Act bans political advertising using films or videos, as
well as films directed towards any political end. In 2001 police warned
three lecturers at a local university that a documentary they made
about an opposition politician might have violated the Films Act and
that they could be charged in court if they went ahead with a planned
screening of the film. They submitted written apologies for making the
film and withdrew it from the Festival. Restrictions strictly
controlled the types of campaign materials that might be distributed by
or about candidates and parties during an election. In 2001 the
Government amended the Parliamentary Elections Act to allow political
parties to place some election materials on the Internet, while
prohibiting nonparty Web sites from campaigning for candidates.
Implementing regulations also were issued in 2001.
The SBA regulated access to material on the Internet, using a
framework of Web site licenses to encourage accountability and
responsible use of the Internet. It also regulated Internet material by
licensing Internet service providers through which local users were
required to route their Internet connections. Such services acted as a
filter for content that the Government considered objectionable and
could even block access to certain sites. While the Government did not
consider regulation of the Internet to be censorship, the SBA directed
service providers to block access to Web pages that, in the
Government's view, undermined public security, national defense, racial
and religious harmony, and public morals. The SBA was believed to have
ordered the blocking of approximately 100 specific Web sites, most or
all of which the Government considered pornographic. A SBA Internet
Code of Practice further specifies what types of material are forbidden
and specifies the responsibilities of Internet providers. The SBA
indicates it does not intend to monitor the Internet or electronic mail
use but to block access to material that contains pornography or
excessive violence or incites racial or religious hatred. Those
responsible for sites that violated the Code of Practice sometimes
faced sanctions, including fines.
In 2001 the SBA ordered Sintercom, which ran an online discussion
forum that included some political postings, to register with the
authorities as a political Web site. Registration as a political site
meant that the organizers had to ensure that site content complied with
the Code of Conduct. After an unsuccessful appeal, Sintercom complied
with the request. Soon thereafter the founder and sponsor of the site
shut it down, citing fatigue after 7 years on the job. In May an
anonymous editor resurrected the Sintercom website, hosting it on
servers outside of the country.
All public institutions of higher education and political research
institutions were linked closely to the Government. Although faculty
members were not technically government employees, in practice they
were subject to potential government influence. Academics spoke and
published widely, and engaged in debate on social and political issues.
However, they were aware that any public comments outside the classroom
or academic publications that ventured into prohibited areas--criticism
of political leaders or sensitive social and economic policies, or
comments that could disturb ethnic or religious harmony or that
appeared to advocate partisan political views--could subject them to
sanctions. Publications by local academics and members of research
institutions rarely deviated substantially from government views.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides citizens the right to peaceful assembly but permits Parliament
to impose restrictions ``it considers necessary or expedient'' in the
interest of security. In practice, the Government restricted this
right. Public assemblies of five or more persons, including political
meetings and rallies, require police permission (see Section 2.a.).
Spontaneous public gatherings or demonstrations were virtually unknown.
The Government closely monitored political gatherings regardless of the
number of persons present. Persons who wished to speak at a public
function, excluding functions provided by or under the auspices of the
Government, needed to obtain a public entertainment license from the
police. However, in 2001 new regulations exempted some cultural events
(such as Chinese operas or lion dances), substituting a requirement of
a 7-day advance notification to police. In the past, opposition
politicians routinely experienced delays before being notified of
decisions on their applications, although the Government claimed that
the delays came only when applications were submitted late.
In October Singapore Democratic Party leader Chee Soon Juan and a
colleague were convicted of an unauthorized May rally at the entrance
to the compound where senior government leaders maintained their
offices (see Section 2.a.). In 2001 authorities approved two open air
public rallies to raise money for defamation judgments against
opposition politician J.B. Jeyaretnam, but required the hiring of
security guards for crowd control, which organizers complained
increased costs significantly.
In 2000 authorities denied approval for a forum on gays and
lesbians on the basis that homosexual acts were illegal. Also in 2000,
police arrested and charged 15 Falun Gong adherents for conducting a
protest without a permit; of these, 2 were Singaporean citizens, 5 were
Chinese nationals with permanent residence status, and 8 were Chinese
nationals with shorter term immigration status. The group did not seek
a permit and asserted that police had not responded to their previous
efforts to obtain permits; the authorities stated that these assertions
were untrue. Seven of the group were sentenced to 4 weeks in jail for
refusing to hand over placards to the police. The other eight, who were
charged with assembling without a permit, each were fined $540
(S$1000). Of the six imprisoned PRC nationals, authorities later
cancelled the immigration status of five, including one permanent
resident, and required them to depart the country; the remaining PRC
citizen already had departed the country.
Most associations, societies, clubs, religious groups, and other
organizations with more than 10 members were required to register with
the Government under the Societies Act. The Government denied
registration to groups that it believed were likely to have been formed
to assemble for unlawful purposes or for purposes prejudicial to public
peace, welfare, or public order. The Government has absolute discretion
in applying this broad, vague language to register or dissolve
societies. The Government prohibits organized political activities
except by groups registered as political parties or political
organizations. This prohibition limited opposition activities, and
contributed to restricting the scope of unofficial political expression
and action (see Section 3). The prohibition affected the PAP less
because of its long domination of the Government and its overwhelming
parliamentary majority; the PAP was able to use nonpolitical
organizations such as residential committees and neighborhood groups
for political purposes far more extensively than opposition political
parties. In 2001 two nongovernmental organizations (NGOs) that often
took positions critical of the Government were declared political
organizations, but their operations were unaffected. Political parties
and organizations were subject to strict financial regulations,
including a ban on receiving foreign donations.
There were few NGOs, apart from nonpolitical organizations such as
religious groups, ethnically affiliated organizations, and providers of
welfare services. The limiting effect of the law on the formation of
publicly active organizations was, in large part, responsible for this
situation.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the Government banned some religious groups. The
Constitution provides that every citizen or person in the country has a
constitutional right to profess, practice, or propagate his religious
belief so long as such activities do not breach any other laws relating
to public order, public health, or morality.
All religious groups were subject to government scrutiny and must
be registered legally under the Societies Act. The 1992 Maintenance of
Religious Harmony Act (MRHA) gives the Government the power to restrain
leaders and members of religious groups and institutions from carrying
out political activities, ``exciting disaffection against'' the
Government, creating ``ill will'' between religious groups, or carrying
out subversive activities. The act was prompted by activities that the
Government perceived as threats to religious harmony, including
aggressive and ``insensitive'' proselytizing and the ``mixing of
religion and politics.'' Violation of a restraining order issued under
the MRHA is a criminal offense. The act also prohibits judicial review
of its enforcement or of any possible denial of rights arising from its
implementation.
The Government played an active but limited role in religious
affairs. It did not tolerate speech or actions, including ostensibly
religious speech or actions, which affected racial and religious
harmony, and sometimes issued restraining orders barring participation
in such activities. The Presidential Council for Religious Harmony
reviewed such orders and made recommendations to the President on
whether to confirm, cancel, or alter a restraining order. The
Presidential Council for Minority Rights examined all pending
legislation to ensure it was not disadvantageous to a particular group,
reported to the Government on matters that affected any racial or
religious community, and investigated complaints. The Government also
supported citizen access to traditional religious organizations by
assisting religious institutions to find space in public housing
estates where most citizens lived. The Government maintained a
semiofficial relationship with the Muslim community through the Islamic
Religious Council (MUIS), which was established under the
Administration of Muslim Law Act. The MUIS advised the Government on
the Muslim community's concerns, maintained regulatory authority over
Muslim religious matters, and oversaw a Mosque Building Fund financed
by voluntary payroll deductions.
In January four sets of Muslim parents challenged the country's ban
on girls wearing the traditional Muslim headscarf (tudung) in school.
When the parents refused to heed school warnings regarding the ban, the
four 6-year-old girls were suspended. One subsequently returned to
school in June, and another moved to Australia in July. The parents of
the other two challenged the ban, and attempted to bring in longtime
Malaysian opposition leader and lawyer Karpal Singh to present their
case. However, the application for Singh's employment permit was
refused. At year's end, the case was still pending.
Under the Societies Act, the Government bans meetings of Jehovah's
Witnesses and the Unification Church. The Government deregistered and
banned Jehovah's Witnesses in 1972 on the grounds that its
approximately 2,000 members refused to perform obligatory military
service, salute the flag, or swear oaths of allegiance to the State.
The Government regarded such refusals as prejudicial to public welfare
and order. While the Government did not outlaw the profession or
propagation of the beliefs of Jehovah's Witnesses and did not arrest
members merely for being believers, the result of deregistration was to
make meetings of Jehovah's Witnesses illegal. The Government also
banned all written materials published by the Jehovah's Witnesses'
publishing affiliates, the International Bible Students Association,
the Watch Tower Bible, and the Tract Society. In practice this has led
to the confiscation of Bibles published by the group, even though
publishing Bibles was not outlawed. A person in possession of banned
literature can be fined up to $1,100 (S$2,000), and for holding a
meeting a person can be fined up to $2,300 (S$4,000). In 2001 two
persons were arrested for possession of banned Jehovah's Witness
literature but were released by the authorities without formal charges
being filed.
Since the beginning of 2000 public primary and secondary schools
indefinitely suspended 22 students who were members of Jehovah's
Witnesses for refusing to sing the national anthem or to participate in
the flag ceremony. At year's end the suspension was still in effect. In
2001 a long-time public school teacher, who was a Jehovah's Witness,
resigned after being threatened with dismissal and disciplinary action
for refusing to sing the national anthem.
Missionaries, with the exception of members of Jehovah's Witnesses
and representatives of the Unification Church, were permitted to work,
to publish, and to distribute religious texts. However, while the
Government did not prohibit evangelical activities in practice, it
discouraged activities that could upset intercommunal relations.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides citizens the
right to move freely throughout the country; however, while the
Government generally respected this right in practice, it limited it in
a few respects. For example, citizens' choice of where to live
sometimes was limited by the Government's policy of assuring ethnic
balance in publicly subsidized housing, in which the great majority of
citizens lived (see Sections 1.f. and 5). The Government required all
citizens and permanent residents over the age of 15 to register and to
carry identification cards. The Government may refuse to issue a
passport and did so in the case of former ISA detainees. Under the ISA,
a person's movement may be restricted. In December 2001 and in August,
five persons who were detained and questioned for possible terrorist
activities later were released under restriction orders; the exact
nature of the restrictions was not disclosed.
The right of voluntary repatriation was extended to holders of
national passports. The Government actively encouraged 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
citizens who resided outside the country for more than 10 consecutive
years seldom was used.
Males are required to serve 2 years of national service upon
turning 18 years of age. They also are required to undergo reserve
training up to the age of 40 (for enlisted men) or 50 (for officers).
Male citizens with national service reserve obligations are required to
advise the Ministry of Defense if they plan to travel abroad for less
than 6 months and require an exit permit for trips over 6 months. In
2001 the Government significantly relaxed the regulations governing
international travel prior to enlistment by boys aged 11 and above.
Boys aged 11 to 16 \1/2\ years are issued passports that are valid for
2 years and are no longer required to obtain exit permits. From the age
of 16 \1/2\ until the age of enlistment, male citizens are granted 1-
year passports and are required to apply for exit permits for travel
that exceeds 3 months.
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 an interview by the Internal
Security Department and to any restrictive conditions imposed on them.
The law does not include provisions for granting refugee or asylee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol. The Government does not grant
first asylum. However, the authorities usually permitted persons
claiming asylum to have their status determined by the U.N. High
Commissioner for Refugees (UNHCR) for possible resettlement elsewhere.
There were no reports that persons were returned to a country where
they feared persecution. A small number of ethnic Chinese persons from
Indonesia have entered the country as visitors for temporary stays
during episodes of racial or religious strife.
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 and free from tampering; however, the PAP, which has held power
continuously and overwhelmingly for more than three decades, has used
the Government's extensive powers to place formidable obstacles in the
path of political opponents. In November 2001, a general election was
held. The Prime Minister requested dissolution of Parliament more than
6 months before the end of its full term. The opposition contested only
29 of 84 seats and won only 2 seats. There were no opposition
allegations of irregularities in the casting or counting of votes in
the election. The opposition continued to criticize what it described
as PAP abuse of its incumbency advantages to extensively handicap
opposition parties. The PAP maintained its political dominance in part
by developing voter support through effective administration and its
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. The belief that the Government might directly or
indirectly harm the employment prospects of opposition supporters
curtailed opposition political activity; however, there were no
confirmed cases of such retaliation. As a result of these and other
factors, opposition parties were unable to seriously challenge the
ruling party. The PAP claimed that the lack of an effective opposition
was due to disorganization, weak leadership, and a lack of persuasive
alternative policies.
The country 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. The parliamentary term is for no more than
5 years after the first sitting of Parliament following a general
election. Parliament may be dissolved early by presidential
proclamation, which normally follows a request by the Prime Minister.
Elections must be held within 3 months of Parliament's dissolution.
Following the 2001 elections, the PAP held 82 of 84 elected seats; the
opposition Singapore People's Party and the Workers' Party each held 1
seat. A constitutional amendment allows at least three opposition
members in Parliament even if fewer than three actually were elected.
Following the elections, the Government allotted a nonconstituency seat
to Singapore Democratic Alliance candidate Steve Chia, the opposition
candidate who had obtained the highest share of the vote without
winning a seat. In addition, a parliamentary committee nominated and
the President appointed Nominated Members of Parliament (N.M.P.s) for
2-year terms. In July nine N.M.P.s were appointed by the President. The
voting rights of nonconstituency members and N.M.P.s were restricted.
The PAP had an extensive grassroots system and a carefully
selected, highly disciplined membership. The recent development of
government-organized and predominantly publicly funded Community
Development Councils (CDCs) to promote community development and
cohesion and provide welfare and other assistance services has
strengthened the PAP, which dominates these CDCs even in opposition-
held constituencies and has used the threat of withdrawing benefits.
During the last two election campaigns, the Prime Minister and other
senior government officials warned voters that precincts that elected
opposition candidates would have the lowest priority in government
plans to upgrade public housing facilities. This statement heightened
concerns among some observers about voters' genuine freedom to change
their government.
The PAP completely controlled the political process through
patronage, influence over the press, reported influence over the
courts, and limited opposition political activities. Often these means
were fully consistent with the law and the normal prerogatives of the
Government, but the overall effect (and, many argued, ultimate purpose)
was to disadvantage and weaken the political opposition. For example,
the Government altered dramatically the boundaries of election
districts only 17 days before the 2001 general election, abolishing
some constituencies and moving many other constituencies' borders.
Since 1988 it has changed all but nine single-seat constituencies into
Group Representational Constituencies (GRCs) of three to six
parliamentary seats, in which the party with a plurality wins all of
the seats. According to the Constitution, such changes are permitted to
ensure ethnic minority representation in Parliament; each GRC candidate
list must contain at least one Malay, Indian, or other ethnic minority
candidate. However, these changes made it more difficult for opposition
parties, all of which had very limited memberships, to fill multimember
candidate lists. The PAP did not suffer from this disadvantage.
Although political parties legally were free to organize, they
operated under the same limitations that applied to all organizations,
and the authorities imposed strict regulations on their constitutions,
fundraising, and accountability (see Section 2.b.). Political parties
and organizations were subject to strict financial regulations,
including a ban on receiving foreign donations. Government regulations
hindered attempts by opposition parties to rent office space in
government housing or to establish community foundations. In addition,
government influence extended in varying degrees to academic, community
service, and other NGOs.
The Films Act bans political films and recorded televised programs,
which puts opposition parties at a disadvantage. The ban, which
ostensibly was to prevent the sensationalist or emotional effect that
video or film productions could have on political issues, applied to
the PAP as well as to the opposition parties. Nonetheless it had the
effect of denying opposition parties, which already received far less
coverage than did the PAP in the Government-influenced press and media,
a potential outlet for their political messages. A 2001 law limits the
ability of political parties and others to use the Internet for
political purposes during election campaigns (see Section 2.a.).
The threat of civil libel or slander suits, which government
leaders often used against political opponents and critics and
consistently won, had a stifling effect on the full expression of
political opinion and disadvantaged the formal political opposition
(see Section 2.a.). Large judgments in libel suits can lead to
bankruptcy, and under the law, bankrupt persons are ineligible to sit
in Parliament. The Penal Code also provides for criminal defamation
offenses. In July police opened criminal defamation investigations
against two individuals (see Section 2.a.).
In the past, the Government also used parliamentary censure or the
threat of censure to humiliate or intimidate opposition leaders.
Government entities also used libel or slander suits, and dismissal
from positions in government-related entities, to intimidate prominent
opposition politicians.
The Government placed significant obstacles in the way of
opposition political figures' candidacy for the presidency, a largely
ceremonial position that nonetheless had significant budget oversight
powers, as well as some powers over civil service appointments and
internal security affairs. For example, opposition members were much
less likely to satisfy the requirement that they have experience in
managing the financial affairs of a large institution, since many of
the country's large institutions are government-run or linked to the
Government. Opposition political figures asserted that such strict
compliance requirements weakened opposition parties.
Voting was compulsory, and women and minorities voted at
approximately the overall 95 percent rate in contested constituencies.
There was no legal bar to the participation of women in political life;
women held only 10 of the 84 elected parliamentary seats, an increase
from 6 female M.P.s in the previous Parliament. During the year, there
were no female ministers, but 3 of the 14 Supreme Court justices were
women.
There was no restriction in law or practice against minorities
voting or participating in politics; they actively participated in the
political process and were well represented throughout the Government,
except in some sensitive military positions. Malays made up
approximately 15 percent of the general population and held
approximately the same percentage of regularly elected seats in
Parliament. Indians made up approximately 7 percent of the general
population and held approximately 10 percent of the regularly elected
seats in Parliament. Minority representation in Parliament was, in
part, the result of a legal requirement that candidate slates in every
multiseat constituency have at least one minority representative.
During the year, there was one ethnic Malay minister and one ethnic
Indian minister. Two of the 14 Supreme Court justices were ethnic
Indian; there were no Malays on the court.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Efforts by independent organizations to investigate and evaluate
government human rights policies faced the same obstacles as those
faced by opposition political parties. Some domestic NGOs criticized
restrictions on human rights or suggested changes that would relax or
remove restrictions. The NGOs were subject to registration under the
Societies Act (see Section 2.b.). In 2001 two organizations that
criticized the Government on human rights grounds were declared
``political'' organizations by the Government, but their operations
were unaffected (see Section 2.b.).
In recent years, the Government permitted international human
rights organizations to observe human rights related court cases. In
2001 opposition politician J.B. Jeyaretnam's bankruptcy appeal was
witnessed by a Canadian observer, who acted as a representative of both
Amnesty International and the Lawyers' Rights Watch in Canada.
Section 5. Discrimination Based on Race, Sex, 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
generally carried 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 took affirmative measures to ensure racial, ethnic,
religious, and cultural nondiscrimination. Social, economic, and
cultural benefits and facilities were available to all citizens
regardless of race, religion, or sex. However, men did not have the
right to seek alimony from their wives in cases of divorce or
separation. In October the Community Development Ministry denied a
proposal that would have given men the right to seek such financial
support.
Women.--The Penal Code and the Women's Charter criminalize domestic
violence and sexual or physical harassment; however, violence or abuse
against women was not seen as a significant problem. A victim of
domestic violence can obtain court orders barring the spouse from the
home until the court is satisfied that the spouse has ceased aggressive
behavior. Court orders for protection against violent family members
have increased in recent years, in part because the definition of
violence includes intimidation, continual harassment, or restraint
against one's will. The Penal Code prescribes mandatory caning and a
minimum imprisonment of 2 years for conviction on any charge of
``outraging modesty'' that caused the victim fear of death or injury.
The press gave fairly prominent coverage to instances of abuse or
violence against women. There were several organizations that provided
assistance to abused women. The Association of Women for Action and
Research (AWARE) had a hot line that offered counseling and legal
advice. The Family Protection and Welfare Service, an office of the
Ministry of Community Development and Sports, documented physical and
psychological abuse, and provided counseling and other support services
to abused women. In 1999 the Council of Women's Organizations
established a crisis center for abused persons. The Star shelter
accepted children, women, and men, and could accommodate up to 30
persons. The Government enforced the law against rape, which provides
for imprisonment of up to 20 years and caning for offenders. Under the
law, rape can only be committed by a man, and spousal rape is not a
crime.
The country's laws neither ban nor authorize prostitution per se.
However, public solicitation, living on the earnings of a prostitute,
and maintaining a brothel are illegal. The authorities periodically
carried out crackdowns on solicitation for prostitution, and arrested
and deported foreign prostitutes, particularly when their activities
took place outside of informally designated red light areas. In
practice police unofficially tolerated and monitored a limited number
of brothels; prostitutes in such establishments were required to
undergo periodic health checks and carry a health card. Sexual
intercourse with girls under the age of 16 is illegal. There was no
evidence that child prostitution was a problem.
Trafficking in women for the purpose of prostitution was a problem
(see Section 6.f.).
Women enjoyed the same legal rights as men in most areas, including
civil liberties, employment, commercial activity, and education. The
Women's Charter gives women, among other rights, the right to own
property, conduct trade, and receive divorce settlements. Muslim women
enjoyed most of the rights and protections of the Women's Charter. For
the most part, Muslim marriage law fell 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, although
requests to take additional spouses may be refused by the Registry of
Muslim Marriages, which solicits the views of an existing spouse or
spouses and reviews financial capability. Of the 4,000 Muslim marriages
registered in 2001, only 20 were polygynous. Both men and women have
the right to initiate divorce proceedings; however, in practice women
faced significant difficulties that often prevented them from pursuing
proceedings.
Women constituted 42 percent of the labor force and were well
represented in many professions but held few leadership positions in
the private sector. They still held the preponderance of low-wage jobs
such as clerks and secretaries; however, there were some women who held
senior corporate leadership positions. The average salary of women was
72 percent of that of men in comparable jobs. Observers noted that the
wage differential was smaller in professional jobs, and that wage
disparities could be attributed in part to differences in average
educational levels and work experience. On December 5, the Government
announced a change to the Medical Registration Act, which is intended
to eliminate a quota on female medical student admissions into the
National University of Singapore.
There were no specific laws prohibiting stalking or sexual
harassment, and sexual harassment was not viewed as a significant
issue. However, the Miscellaneous Offences Act and laws prohibiting
insults to modesty successfully were used to prosecute such offenses.
Women were unable to transmit citizenship to a child born abroad;
the children of male citizens automatically acquired citizenship at
birth. Women were able to sponsor noncitizen husbands for citizenship
as of 1999. Legislation passed in 2001 expanded health benefits to
cover the immediate family members of female civil service employees;
only male civil service employees had previously been covered.
Children.--The Government demonstrated 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
was equal for all children. In 2000 the Government enacted legislation
making 6 years of education in public schools compulsory by 2003.
Although school attendance has not been compulsory, virtually 100
percent of children were enrolled through grade 6, and the dropout rate
for secondary school was low. The Children and Young Persons Act
established protective services for orphaned, abused, disabled, or
troubled children, and created a juvenile court system. The Ministry of
Community Development worked closely with the National Council for
Social Services to oversee children's welfare cases. Voluntary
organizations operated most of the homes for children, while the
Government funded up to 50 percent of all child costs, which included
normal living expenses and overhead, as well as expenses for special
schooling, health care, or supervisory needs. In some cases, the
Government covered 100 percent of such costs.
There was no societal pattern of child abuse.
The Ministry for Community Development and Sports sponsored
activities promoting children's causes, including family stability.
This agency and several NGOs focused on keeping fathers involved in
their children's lives and on preventing child abuse.
Persons with Disabilities.--The Government maintained a
comprehensive code on barrier-free accessibility; this established
standards for facilities for persons with physical disabilities in all
new buildings and mandated the progressive upgrading of older
structures. There was no legislation addressing equal opportunities for
persons with disabilities in education or employment. However, the
National Council of Social Services, in conjunction with various
voluntary associations, provided an extensive job training and
placement program for persons with disabilities. A tax deduction of up
to $57,000 (S$100,000) was available to employers to defray building
modifications to benefit employees with disabilities. Informal
provisions in education have permitted university matriculation for
visually impaired, deaf, and physically disabled students. There were
19 special education schools that enrolled 4,200 students. It is
expected that upon completion of retrofitting, one out of every eight
schools will be accessible to handicapped students.
The Government allowed a tax deduction of up to $1,900 (S$3,500)
per individual for families caring for a sibling, spouse, or child with
disabilities. Mental and physically disabilities were treated in the
same way. Press coverage of the activities and achievements of persons
with disabilities was extensive, and discrimination or abuse of persons
with disabilities did not appear to be a problem.
National/Racial/Ethnic Minorities.--Ethnic Malays constituted
approximately 15 percent of the total population. The Constitution
acknowledges them as the indigenous people of the country and charges
the Government to support and to promote their political, educational,
religious, economic, social, cultural, and language interests. The
Government took steps to encourage greater educational achievement
among Malay students as a key to economic advancement. However, ethnic
Malays have not yet reached the educational or socioeconomic levels
achieved by the ethnic Chinese majority, the ethnic Indian minority, or
the Eurasian community. Malays remained underrepresented at senior
corporate levels, and, some assert, in certain sectors of the
Government and the military. This reflected their historically lower
educational and economic levels, but some argued that it also was a
result of employment discrimination. The Government has issued
guidelines that call for eliminating language referring to age, gender,
or ethnicity in employment advertisements; restrictive language
pertinent to job requirements, such as ``Chinese speaker'' or
``physically strong'' remains acceptable. These guidelines were
generally followed.
The Presidential Council on Minority Rights examined all pending
bills to ensure that they were not disadvantageous to a particular
group. It also reported to the Government on matters that affected any
racial or religious community and investigated complaints.
The Government enforced ethnic ratios for publicly subsidized
housing, where the majority of citizens lived and owned their own
units, a policy designed to achieve an ethnic mix more or less in
proportion to that in society at large.
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 was restricted by
the Societies Act and by labor and education laws and regulations.
Under these laws, any group 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
personnel. The Trade Unions Act prohibits government employees from
joining trade unions but the President has the power to make exemptions
from this provision. The Amalgamated Union of Public Employees was
granted such an exemption, and its scope of representation was expanded
over the years to cover all public sector employees except the most
senior civil servants. The Trade Union Act restricts the right of trade
unions to elect their officers, and whom they may employ. Foreigners
and those with criminal convictions may not hold union office or become
employees of unions. However, exemptions could be granted by the
Minister. The act limits the objectives on which unions can spend their
funds and prohibits payments to political parties or the use of funds
for political purposes. According to government statistics, the
national labor force was made up of approximately 2.2 million workers,
approximately 340,000 of whom were represented by 71 unions. Almost all
of the unions (which represented virtually all of the union members)
were affiliated with the National Trades Union Congress (NTUC), an
umbrella organization with a close relationship with the Government.
The NTUC acknowledged that its interests were linked closely with
those of the ruling PAP, a relationship often described by both as
symbiotic. The NTUC's Secretary General (SG), Lim Boon Heng, a PAP
M.P., was a member of the Cabinet as Minister in the Prime Minister's
Office. Young PAP M.P.s often were given leadership positions in the
NTUC or a member union. The NTUC policy prohibited union members who
supported opposition parties from holding office in affiliated unions.
In November the branch chairman of a union affiliated with NTUC was
elected secretary general of the Singapore Democratic Alliance, an
opposition body. In December he was stripped of both his union position
and his membership in the union. In response he filed an appeal that
was pending at year's end. While the NTUC was financially independent
of the PAP, with income generated by NTUC-owned businesses, the NTUC
and the PAP shared the same ideology and worked closely with management
in support of nonconfrontational labor relations. The NTUC was free to
associate regionally and internationally.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining was a normal part of labor-management relations in the
industrial sector. Collective agreements must be certified by the
tripartite Industrial Arbitration Court (IAC) before going into effect.
The IAC could refuse certification at its discretion on the ground of
public interest. Transfers and layoffs were excluded from the scope of
collective bargaining. However, in practice employers did consult with
unions on both issues, and the tripartite National Wages Council issued
guidelines calling for early notification to unions of layoffs.
Disputes could be settled through discussions with the Ministry of
Manpower. If conciliation fails, the parties may submit their cases to
the IAC. In limited situations, the law provides for a system of
recourse to compulsory arbitration, which can put an end to collective
bargaining at the request of only one of the parties. However, the
compulsory arbitration clause has not been used since 1981. Agreements
between management and labor were renewed every 2-3 years, although
wage increases were 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, served
as the starting point for bargaining agreements. In 1999 in response to
the economic downturn, the Government adopted an NWC proposal in which,
subject to negotiation in each enterprise, up to 10 percent of salaries
would be considered ``variable'' each month, allowing companies to
eliminate that portion of pay if there were financial problems. The
intent was to minimize job losses in a severe business downturn.
Workers in ``essential services'' were required to give 14 days
notice to an employer before striking, and there was a prohibition on
strikes by workers in the water, gas and electricity sectors. Other
workers have the legal right to strike but rarely did so. There were no
specific laws that prohibited retaliation against strikers. The law
provides that before striking, unionized workers must vote in favor of
the strike by secret ballot. In August Singapore Airline pilots came
close to taking industrial action on a dispute over working conditions;
the airline pilot union was the only significant union not affiliated
with the NTUC. The strike was averted after the Ministry of Manpower
intervened to mediate between the parties. Most disagreements were
resolved through informal consultations with the Ministry of Manpower.
If conciliation failed, the disputing parties usually submitted their
case to the Industrial Arbitration Court, which had 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, compounded with a cultural aversion to
confrontation helped to maintain a harmonious labor situation.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and the Government generally
enforced this provision effectively. Under sections of the Destitute
Persons Act, any indigent person may be placed in a welfare home and
assigned suitable work. The International Labor Organization (ILO)
criticized the coercive terms of this act, which included penal
sanctions not in compliance with the ILO Convention on Forced Labor.
The Government maintained that the act was social legislation providing
for the shelter, care, and protection of destitute persons, and that
work programs were designed to reintegrate individuals into society.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government enforced the Employment Act, which
prohibits employment of children under the age of 12. Restrictions on
the employment of children between the ages of 12 and 16 were rigorous
and fully enforced. Children under the age of 14 generally were
prohibited from employment in the industrial sector. Exceptions
included family enterprises; children may work in a business in which
only members of the same family are employed. A child of 12 or older
may be employed in light work, subject to medical clearance. Employers
had to notify the Commissioner of Labor within 30 days of hiring a
child between the ages of 14 and 16 and attach a medical certification
of the child's fitness for employment. The incidence of children in
permanent employment was low, and abuses were almost nonexistent.
Ministry of Manpower regulations prohibited night employment of
children and restricted 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 moving
machinery, on live electrical apparatus lacking effective insulation,
or in any underground job. The Minister of Manpower effectively
enforced these laws and regulations.
e. Acceptable Conditions of Work.--There were no laws or
regulations on minimum wages or unemployment compensation. However, the
National Wages Council, a tripartite body consisting of the Government,
labor, and business, monitored the economy and made annual
recommendations to the Government concerning wage guidelines. The labor
market offered good working conditions and relatively high wages, which
provided 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.
The Ministry of Manpower effectively enforced laws and regulations
establishing working conditions and comprehensive occupational safety
and health laws. Enforcement procedures, coupled with the promotion of
educational and training programs, were implemented to reduce the
frequency of job-related accidents. While a worker had the right under
the Employment Act to remove himself from a dangerous work situation,
his right to continued employment depended upon an investigation of the
circumstances by the Ministry of Manpower.
Because of a domestic labor shortage, approximately 600,000 foreign
workers were employed legally, constituting about 30 percent of the
total work force. There were no reliable estimates of the number of
foreigners working illegally. Most foreign workers were unskilled
laborers and household servants from other Asian countries. Foreign
workers faced no legal wage discrimination. However, they were
concentrated in low-wage, low-skill jobs and were often required to
work long hours. Most foreign construction workers live on worksites in
substandard conditions.
Although the great majority of the more than 100,000 maids (mainly
from the Philippines, Indonesia, and Sri Lanka) worked under clearly
outlined contracts, their low wages, dependence on their employers for
food and lodging, and relative isolation made them vulnerable to
mistreatment and abuse. A 1998 amendment to the Penal Code, in response
to concern about cases of maid abuse, increased the punishment for
confining or sexually or physically abusing a maid. The authorities
fined or imprisoned employers who abused domestics, often with great
publicity. In April a woman who had severely abused her 19-year-old
maid was sentenced to 5 years in jail. In July a man who killed his
maid was convicted of manslaughter and sentenced to 18 years in jail
and 12 strokes of the cane. Both cases highlighted the plight of maids
and prompted local debate on possible preventative solutions.
Substantiated cases of abuse of foreign domestics fell by almost 50
percent following the 1998 amendment strengthening legal penalties.
During the year, cases declined with only 8 substantiated cases
compared to 41 cases in 2001.
Most maids worked 6 days per week from very early morning until
late in the evening. Many contracts allowed only 1 day off per month.
Contracts often stipulated that, even when she was not working, a maid
was required to remain on the premises unless on official duties or on
her day off. According to Ministry of Manpower Statistics, wages
averaged approximately $250 (S$456) per month, not including free room
and board. Maids often had to set aside most or all of their wages for
the first several months of employment to reimburse their placement
agents. Work permits for low-wage foreign workers could be cancelled if
a worker applied to marry or married a citizen or permanent resident.
Many lower paid foreign workers were not covered under the
Employment Act and ineligible for limited free legal assistance from
the Government. However, the Ministry of Manpower offered conciliation
services for all employees, foreign or local. The Foreign Workers Unit
of the Ministry of Manpower provided free advisory and mediation
services to foreign workers experiencing problems with employers. The
Government allowed complainants to seek legal redress.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however trafficking in persons was a problem. The country was
a destination for trafficking in women for the purpose of prostitution.
Almost all sex workers were foreign; most originated in Thailand, the
Philippines, Malaysia, China, Indonesia, Vietnam, India or Sri Lanka.
Almost all foreign prostitutes were aware when they entered the country
that they were going to be employed as prostitutes. However, some may
have had their passports held by employers after their arrival, or were
subject to other coercive treatment. In other cases, recruiters in
source countries offered women jobs as maids, bar hostesses or
waitresses, and sometimes offered up-front payment as inducement. On
arrival these women were forced to work as prostitutes and subjected to
threats and violence if they resisted. While prostitution was not an
offense per se, public solicitation was illegal. Police periodically
carried out crackdowns on prostitutes, particularly those operating
outside of informally designated red light areas (see Section 5).
Foreign prostitutes detained in these raids usually were deported
quickly; on occasion some trafficking victims may become caught up
among these deportees. Foreign prostitutes also were deported
immediately if they tested positive for HIV/AIDS or other sexually
transmitted diseases. Authorities prosecuted some cases of trafficking.
In 2001 a court jailed a man for 24 months for trafficking 4 women from
China with job offers as waitresses on a Singapore-based cruise ship.
The young women learned they were expected to work as prostitutes after
they arrived in the country.
The three major laws that governed trafficking and prostitution are
the Women's Charter, the Children and Young Person's Act, and the Penal
Code. The law makes trafficking in women and children, whether or not
it is related to prostitution, punishable by up to 5-years
imprisonment, a $5,700 (S$10,000) fine, and caning. Traffickers could
be prosecuted under the Penal Code's ``wrongful constraint'' provision,
which carries maximum punishments of 10 years imprisonment and a fine.
Convicted traffickers could be found guilty of violating more than one
law. There was no specific campaign to combat or prevent the use of
fraud or coercion to recruit foreign women as prostitutes, although
some persons were prosecuted and punished for crimes involving such
acts.
In practice successful investigation and prosecution of trafficking
in persons required that victims remained in or returned to the country
to testify. Victims were urged by police to remain in the country until
the case was prosecuted and generally they did; however, some abused
domestics left and were brought back to testify. Victims did not
receive government assistance during this period or at other times, and
indicated they sometimes were not granted permission for alternative
employment and were dependent on support from their embassy. NGOs did
not provide assistance to trafficked victims. Laws requiring citizens
to report immigration violators hampered assistance to trafficking
victims. The authorities did notify embassies of the arrest of
nationals, including for prostitution-related offenses, and allowed
consular access. Prostitutes rarely contacted embassies voluntarily,
unless detained for solicitation or immigration offenses during police
sweeps. However, victims of crimes, including domestics alleging abuse,
sometimes requested and received assistance from their embassies.
__________
SOLOMON ISLANDS
The Solomon Islands has a modified parliamentary system of
government 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. A new Parliament was elected in December 2001
with Sir Allan Kemakeza as Prime Minister; elections were considered
free and fair. Since 1998 conflict between two of the main ethnic
groups in the country--the Malaitans and the Guadalcanalese--forced
thousands of Malaitans residing on Guadalcanal from their homes, and in
June 2000, armed Malaitan militants took over Honiara, the capital. The
Malaitan militants forced the then-Prime Minister to resign. Subsequent
governments had limited success in their efforts to restore peace, due
to political and institutional weakness and public perception that
their leaders were beholden to one of the conflicting parties. The
Constitution provides for an independent judiciary; however, the
judiciary was hampered by police ineffectiveness, lack of resources,
and threats against judges and prosecutors.
A police force of approximately 1,000 persons under civilian
control is responsible for law enforcement, internal security, and
border security. However, since the 2000 takeover of the city of
Honiara by Malaitan militants, the police force has become
factionalized and has not functioned as an effective institution.
Militant Malaitans rather than the Police Commissioner controlled the
paramilitary Police Field Force (PFF). As many as 1,200 untrained
former militants were taken into the police force and remained as
``special constables,'' operating under a loose command structure.
Members of the PFF and the special constable group engaged in criminal
activities, including extortion, robbery, vehicle theft, intimidation,
and fraud; the police leadership did not sanction these abuses.
Approximately 75 percent of the population of 480,000 engaged to
some extent in subsistence farming and fishing and had little
involvement in the cash economy. With the breakdown of law and order,
the formal sector of the economy was on the brink of collapse. The
Government was insolvent and commercial export activities, which
included some plantation production of copra, cocoa, and palm oil, a
fish cannery, a gold mine on Guadalcanal, and small resort and diving
enterprises, ceased to operate; only the logging industry continued to
operate, albeit at a reduced level. Electricity and telecommunications
services faced severe difficulties, and there were frequent power
blackouts in Honiara. Health and education services faltered as medical
workers and teachers went on strike over the Government's failure to
pay salaries. The international airport occasionally closed due to
strikes over similar issues.
The Government generally respected the human rights of its
citizens; however, there were serious problems in some areas. Basic
individual rights are provided for in the Constitution, but the armed
conflict between Malaitan and Guadalcanalese militants in 2000 led to a
serious deterioration in the human rights situation. Police and
militants from both sides committed numerous human rights abuses in
2000, including killings, abductions, torture, rape, forced
displacement, looting, and the burning of homes. The Government did not
encourage any judicial or independent investigation of human rights
abuses that occurred during the violence, which contributed to a
climate of impunity. A team of international observers, present in the
country since November 2000 to monitor implementation of the peace and
verify that weapons were relinquished, was disbanded in June at the end
of its mandate. All weapons were supposed to be surrendered during an
amnesty period, which ended in May. Nonetheless, at year's end, while
there was no resumption of overt hostilities, hundreds of weapons had
not been surrendered, and a stable peace had not been secured. The Red
Cross and other volunteers were able to provide appropriate assistance
to rural areas. Violence and discrimination against women continued to
be problems.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Since June 2000, the
police forces have been effectively disarmed, and the police no longer
function on the islands of Malaita and Guadalcanal; local militia
leaders controlled security. In May 2001, a police patrol boat fired
upon a village on South Guadalcanal and killed several persons. The
Government has not investigated the incident.
In March 2001, there were police raids against Guadalcanal leader
Harold Ke'ke; there were unconfirmed reports of deaths from these
attacks.
There were reports of politically motivated killings by political
rivals or local militants on Guadalcanal during the year. In August the
Member of Parliament for South Guadalcanal was killed while in his
constituency. Ke'ke claimed responsibility. In October the police
mounted an armed operation to apprehend Ke'ke. At least six of Ke'ke's
followers and one civilian reportedly aiding the police were killed
during the operation. In November Ke'ke's followers allegedly killed a
policeman and a civilian. At year's end, Ke'ke was still at large.
Approximately 75 percent of the country's 897 police officers in
June 2000 were Malaitan. Many Malaitan police officers participated in
abuses committed by Malaitan militants. In 1998 and 1999, police
officers were involved in extrajudicial killings and unwarranted use of
lethal force against civilians when battling the Guadalcanalese
militants. In September 1999, several paramilitary police officers in a
speedboat shot a man near shore, then dragged him back into the water
and reportedly beat him to death with a paddle. The Government
investigated this case, and the police officer wielding the paddle was
charged and convicted.
There were reports that police in some areas of Guadalcanal
declined to stop or investigate abuses by Guadalcanalese militants,
cooperated with them, or fled militant attacks to protect their own
security. Displaced persons stated that they fled their homes in 2000
because they feared police operations as much as they did the
activities of Guadalcanalese armed groups.
Although violence attributed to the police diminished during the
year, the Government did little to investigate or prosecute those
responsible for previous killings and other abuses, which contributed
to a pervasive atmosphere of impunity. There was almost no
accountability for police officers involved in killings, and only one
police officer has been charged and convicted in connection with events
during the conflict.
The U.N Human Rights Office has reports of over 80 persons killed
or missing and presumed dead as a result of attacks attributed to
Malaitan and Guadalcanalese militants since 1999. Many of these victims
were civilians. None of these cases has been investigated. In April
2000, unidentified gunmen entered a village south of Honiara's
international airport and shot three persons, including a 7-year-old
boy and a 20-year-old man, as they tried to flee. In April 2000, a
Guadalcanalese man was reportedly abducted by Malaitan militants in
Honiara and taken to a nearby Malaitan militant camp, where he was
beaten and hung by the ankles and wrists with wire. His body was
reportedly found later in a Malaitan suburb of Honiara. In late June
2000, Guadalcanalese militants outside Honiara captured two Malaitan
men. Subsequently, the men, who showed signs of beatings, were paraded
through the captors' villages, killed, and buried. In July 2000,
Malaitan militants forced their way into Honiara's central hospital and
killed two Guadalcanalese militants who were being treated for wounds
sustained in combat the previous day. During the year, Harold Ke'ke's
group killed 10 Malaitan men who were reportedly trying to capture
Ke'ke to claim the reward for his capture. Also during the year, at
least a dozen persons, mostly civilians and including children, died on
Guadalcanal in militant-related violence.
In June 2001, there was an unsuccessful attempt to kill the
Guadalcanal provincial premier, Ezekiel Alebua. Alebua's political
rivals allegedly committed the attack. Neither Malaitan militants nor
government officials were implicated in the attack. The Government did
not investigate the attack.
b. Disappearance.--There were no reports of politically motivated
disappearances due to the actions of government officials. However,
many Malaitan police officers, joining the Malaitan militants,
participated in disappearances allegedly committed by the militants in
1999 and 2000. Since the violence began in 1998, more than 50 persons
have been abducted and possibly killed by militants. In July 2000,
Catholic catechist Juan Bosco disappeared in Honiara after allegedly
being abducted by Malaitan militants and taken to a Malaitan camp.
Several persons reported seeing him brutally beaten. In July 2000,
Walter Tavai, a Guadalcanalese villager, was reportedly abducted from
his home near Honiara by Malaitan militants and taken to a Malaitan
militant camp. Witnesses stated that militants at the camp beat him to
death; his body has not been found.
In January 2000, the Government formed a Committee on Missing
Persons. However, its work was hampered by the reluctance of witnesses
to come forward and by ongoing threats of violence. The Committee's
final report and recommendations to the Government were submitted in
April 2000 but were not made public. The Committee did no significant
work on missing persons during the year, and apparently has ceased
functioning. No action has been taken on its report.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
numerous reports that police tortured and mistreated persons. In 2000
the police office dealing with complaints about official police
behavior, including excessive use of force, ceased to function as the
national police force generally disintegrated.
There were numerous reports of acts of torture and mistreatment
attributed to both Malaitan and Guadalcanalese militants, and to
members of the police, although there were fewer reported instances
than in the previous two years.
In 2000 Honiara residents reported that abducted Malaitans were
taken to a camp widely known as a ``panel beating shop,'' where
Guadalcanalese militants beat them. The Malaitan encampment near
Honiara, as well as the former Guadalcanal provincial government
headquarters, also reportedly was used for the torture of captured
Guadalcanalese and the punishment of Malaitans. Twenty homes were
burned in Independence Valley, Honiara, in late July 2000, according to
press reports. This event followed the burning of homes in the
Matanikau and Tasahe areas of Honiara. The Government took no action in
any of these cases.
The only national prison complex in use during the year provided
separate facilities for short-, medium-, and long-term prisoners, as
well as for juvenile offenders, and generally met international
standards.
Late in the year, the national Ombudsman visited the small
provincial jail at the regional capital of Gizo and announced that
conditions there were in breach of human rights standards. No action
has been taken to correct these deficiencies.
In June 2000, Malaitan militants closed the prison in Honiara
following the escape of approximately 20 Guadalcanalese inmates and the
subsequent release of all remaining prisoners by the Malaitans. Police
did not attempt to recapture the inmates, some of whom reportedly
joined the militants. The Government permitted prison visits by human
rights observers. An International Committee of the Red Cross (ICRC)
team based in Fiji monitored the prisons regularly during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest, detention, and exile, and the Government
observed these prohibitions in practice. However, the work of the
judiciary has been slowed considerably by the conflict. Delays in
adjudication of the large number of cases before the courts have
resulted in lengthy pretrial detention for some prisoners.
Militants from both sides have detained persons arbitrarily since
June 2000; it is not known how many were detained arbitrarily during
the year.
Forced exile is constitutionally prohibited, and it was not
practiced.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, the courts are hampered by a lack of
resources and by threats against the lives of judges and prosecutors.
During the year, the judicial system barely functioned.
The judicial system consists of a High Court, a Court of Appeals,
and magistrates' courts. Accused persons are entitled to counsel. In
1999 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; this situation continued during the year. 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.
Judicial trial procedures normally operated in accordance with
British law, with a presumption of innocence, right of appeal, access
to attorneys, and the right to confront witnesses. However, during the
year, the entire judicial system barely functioned.
The Government has done little to investigate or prosecute those
responsible for killings and other abuses, which contributed to an
atmosphere of impunity. There was a lack of accountability for police
officers involved in killings, and only one police officer has been
charged and convicted in connection with events during the conflict
(see Section 1.a.)
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. However, with the
breakdown of law and order in 2000, there was widespread looting and
burning of homes in rural Guadalcanal, including by police (see Section
1.c.).
In 1999 and 2000, militants from all sides forced long-time
inhabitants from their homes. Many of those forced out were not
affiliated with the militant movements, and some were not even members
of the combating ethnic groups. The forced expulsions ended during
2001, following the departure of virtually all non-Guadalcanalese from
the areas of Guadalcanal Province adjacent to Honiara; none have
returned.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--Since ethnic conflict began in 1998, militants
have blocked the free and safe passage of relief supplies, food, and
fuel, as well as access by humanitarian organizations to Guadalcanal.
Red Cross volunteers and relief workers reported being threatened,
harassed, even shot at by both Guadalcanalese and Malaitan militants,
although the incidence of such attacks declined during the year. Red
Cross and other volunteers were able to provide appropriate assistance
in rural areas.
Since the violent phase of the conflict on Guadalcanal began in
1998, some 30,000 Malaitans, Guadalcanalese, and Western Province
persons living on Guadalcanal have been displaced from their homes (see
Section 2.d.).
U.N human rights officials confirmed the use of child soldiers by
both Guadalcanalese and Malaitan militants during the ethnic conflict
(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 speech and of the press, and the Government generally
respected these rights in practice. During the year, print and
broadcast media continued to operate on a regular basis.
The country's media consisted of 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; two other AM stations; a privately owned FM radio station;
and two privately owned weekly or semiweekly newspapers. Given the high
rate of illiteracy, radio broadcasting was more influential than the
print media. At least two nongovernmental organizations (NGOs)
published periodic news journals; their environmental reporting was
frequently critical of the Government's logging policy and foreign
logging companies' practices.
During the year, militants occasionally threatened the print and
broadcast media; however, no journalists were known to have been killed
or injured.
Internet use is expanding, and a privately operated Internet cafe
was available; the Government does not limit or control access to the
Internet.
Academic freedom was not restricted; however, tertiary education
has ceased functioning.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected this right in practice. Demonstrators must obtain permits,
which generally were granted. However, in mid-June police authorities,
citing a threat to public order, denied a permit for a planned protest
march. The organizers appealed to the High Court, which upheld the
police authorities. There were no further developments at year's end.
The Constitution provides for freedom of association, but at times
the Government restricted this right. In February 2000, the Government
formally outlawed the Malaitan militant groups; Guadalcanalese militant
groups were outlawed in 1999, but this ban was suspended in May 2000,
and during the year, militant groups continued operations but at a
reduced level of violence. Other groups associated freely, and a
government oversight group, Civil Society Network, which emerged in
2001, frequently criticized the Government (see Section 4).
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
In March the High Court upheld the right of a small evangelical
church to establish facilities in an area where most persons were
members of a large established church. In its ruling, the High Court
stated that that the coexistence of different religious groups in the
same community was an accepted phenomenon in the country.
The public school curriculum included 30 minutes daily of religious
instruction, the content of which was agreed upon by the Christian
churches; students whose parents did not wish them to attend the class
were excused. However, the Government did not subsidize church schools
that did not align their curriculums with governmental criteria. There
was mutual understanding between the Government and the churches but no
formal memorandum of understanding. Although theoretically non-
Christian religions can be taught in the schools, there was no such
instruction in practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Government placed no restrictions on
the movement of citizens within or out of the country. However, the
militants demanded that the people indigenous to each island be given
authority to determine who might or might not enter their island.
Native-born citizens may not be deprived of citizenship on any grounds.
During the year, non-Guadalcanese, especially Malaitans, were
effectively barred from entering Guadalcanal Province for fear of being
attacked, while many non-Malaitans, especially Guadalcanalese, were
afraid to enter Honiara.
Since the violent phase of the conflict on Guadalcanal began in
1998, an estimated 30,000 Malaitans, Guadalcanalese, and Western
Province persons living on Guadalcanal have been displaced from their
homes as a result of armed conflict and intimidation. The U.N.
estimated that in 1999 some 15,000 to 20,000 Malaitans (20 percent of
the population of Guadalcanal) were displaced. The majority of these
were evacuated to Malaita, while as many as 12,000 Guadalcanalese fled
their homes for other parts of that island. The Government provided
very limited help to internally displaced persons, who generally relied
on their extended families and subsistence farming for survival. The
national Red Cross Society, funded by the European Union, provided some
assistance.
Police on Malaita were reportedly unable to offer protection to
displaced Malaitans on the island after Malaitan militants raided a
police armory in 2000, seized hundreds of weapons, and set up
headquarters on the island. Malaitan militants have reportedly forced
displaced Malaitan families to support the militants through
contributions of money or food. Displaced persons on Guadalcanal also
lacked effective police protection, since most local police were
evacuated as a result of Guadalcanalese militant raids in 1999. During
the year, there were a number of violent clashes between rival gangs of
Malaitan militants on Malaita and Guadalcanalese militants on
Guadalcanal.
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 cooperated 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 issue of first asylum did not arise during the year. The
Government previously 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 returned home.
According to the UNHCR, fewer than 50 persons from Bougainville who met
refugee status criteria still remained in the country.
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. Suffrage is universal for those 18 years of age and
over. The 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.
Since independence in 1978, there have been six parliamentary
elections, the latest in December 2001, and several elections for
provincial and local councils. National parliamentary elections held in
December 2001 were regarded as free and fair. On four occasions,
changes of government resulted from either parliamentary votes of no
confidence or the resignation of the Prime Minister. However, in 1998
tensions between two of the main ethnic groups in the country--the
Malaitans and the Guadalcanalese--resulted in violence. Throughout 1999
Guadalcanalese militants forced thousands of Malaitans residing on
Guadalcanal from their homes. Beginning in January 2000, Malaitan
militants stole large quantities of weapons from the police and began
actively to combat the Guadalcanalese. The conflict continued to
escalate, and in June 2000, armed Malaitan militants, assisted by
paramilitary police officers acting without authorization, took over
the capital. After the takeover, the Malaitan militants forced Prime
Minister Bartholomew Ulufa'alu to resign; Parliament selected a new
Prime Minister, Manasseh Sogavare, under duress. Since June 2000, the
police have not operated as an effective force, and there is no
governmental institution that can effectively address the ongoing
violence.
Traditional male dominance has limited the role of women in
government. Although 15 women ran for Parliament in the December
election, none was elected; no women were selected to be permanent
secretaries in the new government.
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
periodically visited the country from its regional office in Suva,
Fiji. The Government generally cooperated with human rights
organizations, and requested assistance from the U.N. High Commissioner
for Human Rights in formulating policies to restore peace and justice.
Numerous domestic NGOs operated freely; most were engaged in
developmental or religious activity. However, in 2001 a number of NGOs
and individual citizens established an umbrella organization, the Civil
Society Network, to provide oversight of government activity. It
regularly criticized practices such as remission of taxes and custom
duties for associates of high-ranking government officials. The
Government did not interfere in its operations.
During 2000 Red Cross volunteers and relief workers reported being
threatened, harassed, shot at, and prevented from carrying out relief
work by both Guadalcanalese and Malaitan militants; such incidents
continued during the year, but at a reduced level.
The Constitution provides for an ombudsman, with the power to
subpoena and to investigate complaints of official abuse, mistreatment,
or unfair treatment. The Ombudsman's Office did not report any
incidents involving interference with these rights during the year.
While the Ombudsman's Office has potentially far-ranging powers, it was
limited by a shortage of resources. It organized occasional workshops
and undertook a few tours during the year.
Section 5. Discrimination Based on Race, Sex, 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 discriminatory manner by anyone acting in an official capacity.
Despite constitutional and legal protections, women remained the
victims of discrimination in this tradition-based society. Unemployment
was high, and there were limited job opportunities for persons with
disabilities.
Women.--While actual statistics were scarce, incidents of domestic
violence appeared to be common. The law does not address domestic
violence; however, there are provisions against common assault and
rape. The Government took no action during the year to address domestic
abuse. In the rare cases that were reported, charges were often dropped
by the victims before the court appearance or the case settled out of
court. The magistrates' courts dealt with physical abuse of women as
with any other assault, although prosecutions were rare. In part due to
the breakdown in law and order and the lack of a police force after
June 2000, women and teenage girls in particular were vulnerable to
abuse including rape, and many rapes have been reported since the
ethnic conflict began in 1998. During the year, no charges were brought
against militants in these cases; however, charges have been brought in
other cases against persons regarded as criminals.
During the year, the country became a state party to the Convention
on the Elimination of All Forms of Discrimination Against Women.
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
inhibited the entry of women into the work force. The majority of women
are illiterate; this was attributed in large part to cultural barriers.
The National Council of Women and other NGOs attempted to make women
more aware of their legal rights through seminars, workshops, and other
activities. The Government's Women Development Division also addressed
women's issues.
Prostitution is illegal, but the statutes were not enforced.
Although there is no law against sex tourism, none has been reported.
Sexual harassment is not prohibited by law and was a problem.
Children.--Within the limits of its resources, the Government was
committed to the welfare and protection of the rights of children.
There was no compulsory education, and, according to some estimates,
less than 60 percent of school-age children had access to primary
education; the percentages of those attending secondary and tertiary
institutions were much smaller. Few children proceeded beyond primary
school, and a higher percentage of boys than girls attended school.
School fees required of all students were very high relative to local
incomes. Since 1999 the already poor state of education has worsened.
Infrastructure has deteriorated and financial resources have almost
disappeared; the Government has not paid teachers regularly. Some
schools have ceased to function.
Children were 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
were homeless or abandoned. Although some cases of child abuse were
reported, there was 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.
All medical care for children was free; however, the lack of
resources seriously reduced the quality and availability of medical
care.
In 2000 Amnesty International reported that Guadalcanalese
militants included a number of child soldiers. U.N. human rights
officials confirmed the use of child soldiers by both Guadalcanalese
and Malaitan militants. Several hundred children (generally boys) under
the age of 18 were active combatants or assisted in militants' camps.
With the decrease in fighting, dozens of these underage militants
remained in quasi-criminal gangs affiliated with their former militant
commanders.
Persons with Disabilities.--There is no law or national policy on
persons with disabilities, and no legislation mandates access for such
individuals. 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 persons with disabilities, particularly those in rural areas, did
not find work outside of the family structure.
The country had one educational facility for disabled children,
which was almost entirely supported by the Red Cross.
Persons with mental disabilities were cared for within the family
structure; there were no government facilities for such persons.
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 continual 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, and particularly since
World War II, many persons from the poor, heavily populated island of
Malaita settled on Guadalcanal, the island on which the capital of
Honiara is located. The tensions and resentment between the
Guadalcanalese and the Malaitans on Guadalcanal culminated in violence
beginning in late 1998 (see Sections 1.a., 1.b., 1.c., 1.g., and 2.d.).
In 1998 Guadalcanalese militants began a campaign of threats and
intimidation against Malaitans on Guadalcanal. Scores of Malaitans have
been killed or injured by Guadalcanalese militants. Since 1998
approximately 30,000 persons, mainly Malaitans, have fled their homes
as a result of the conflict. Civilians were the victims of abuses by
both sides; such abuses reportedly included abductions, torture, rape,
forced resettlement, looting, and the burning of homes.
Beginning in January 2000, Malaitan militants began seizing weapons
from the police; many police officers (the majority of whom are
Malaitans) joined the Malaitan militants. On June 5, 2000, Malaitan
militants took over the capital of Honiara (which is largely populated
by Malaitans), forced the Prime Minister to resign, forced Parliament
to choose another Prime Minister, and precipitated a brief period of
ethnic warfare.
During the year, tension and violence between Malaitans and
Guadalcanalese continued. During the year, violence, including murder,
between rival Malaitan groups on Malaita and rival Guadalcanalese
groups on Guadalcanal emerged as a serious problem.
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
participated in the formal sector of the economy. Approximately 60 to
70 percent of wage earners were organized (90 percent of employees in
the public sector and about 50 percent of those in the private sector).
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 law
provides for the rights to organize and to bargain collectively, and
unions exercised 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 Trade Disputes Panel (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 permits strikes. During the year, government employees
conducted numerous strikes over the Government's failure to pay
salaries on time and the payment of preferential ``danger'' allowances
that excluded certain groups of government employees. Schools, medical
facilities, and airports were among the institutions that suffered
significant strikes. There were no significant private sector strikes.
Private sector disputes were usually referred quickly to the TDP for
arbitration, either before or during a strike. In practice, the small
percentage of the work force in formal employment meant that employers
had ample replacement workers if disputes were not resolved quickly.
However, employees are protected from arbitrary dismissal or lockout
while the TDP is deliberating. Since 1998 ethnic tensions and conflict
on Guadalcanal, the most economically developed island in the country,
seriously disrupted economic activity and resulted in the loss of many
formal employment opportunities. In June 1999, Solomon Islands
Plantation Ltd. closed its facilities following attacks on its workers.
About 2,000 employees were evacuated. During the year, Guadalcanal
militants prevented the return of the work force, 60 percent of which
are Malaitan.
The law protects workers against antiunion activity, and there were
no areas where union activity was officially discouraged.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and, normally,
except as part of a court sentence or order, there were no reports that
such practices occurred. However, there were reports of child soldiers
with militant groups (see Section 5).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law forbids 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 was little incentive to employ child labor.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor. It does not have a comprehensive policy for the
elimination of such abuses; there are no regulations defining the worst
forms of child labor.
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 did not provide a decent
standard of living for an urban family living entirely on the cash
economy. However, most families were not dependent solely on wages for
their livelihoods.
The law regulates 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.
Both an active labor movement and an independent judiciary provided
enforcement of labor laws in major state and private enterprises. The
Commissioner of Labor, the Public Prosecutor, and the police were
responsible for enforcing labor laws; however, they usually reacted to
complaints rather than routinely monitoring adherence to the law. Their
efforts were severely restricted by the conflict and ensuing political
instability. The extent to which the law was enforced in smaller
establishments and in the subsistence sector was unclear. Safety and
health laws appeared 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 law does not prohibit trafficking
in persons; however, there were no reports that persons were trafficked
to, from, or within the country.
__________
THAILAND
Thailand is a democratically governed constitutional monarchy.
Since 1992 there have been five national multiparty elections, which
transferred power to successive governments through peaceful,
democratic processes. The King exerts strong informal influence but
never has used his constitutionally mandated power to veto legislation
or to dissolve the elected bicameral Parliament. In February 2001, a
coalition government, led by Prime Minister Thaksin Shinawatra's Thai
Rak Thai Party, was formed following the January general elections. The
election process was viewed as free and fair; however, it was marred by
widespread vote buying, and the killing of some political canvassers
during the campaign. The judiciary was independent, but sometimes was
subject to corruption.
The armed forces were subject to civilian control and their
influence in politics has diminished considerably in recent years.
Elements of both the armed forces and the police had a reputation for
corruption. Some members of the security forces committed serious human
rights abuses.
The country has a population of approximately 62.3 million. It is a
developing country with a market-based economy and a strong tradition
of private enterprise, although state enterprises play a significant
role in some sectors. Gross domestic product (GDP) growth was estimated
to be between 4 and 4.5 percent for the year. Annual per capita income
was approximately $1,840. Approximately 60 percent of the population
was employed in the agricultural sector, although agriculture only
accounted for approximately 9 percent of the GDP. Although government
regulation generally provides protection for individual economic
interests, including property rights, there was a lack of transparency
in bureaucratic decision-making and some areas of government remained
subject to corruption.
The Government generally respected the human rights of its
citizens; however, significant problems remained in several areas.
Police officers killed a number of criminal suspects while attempting
to apprehend them. Suspected narcotics traffickers and users were most
often the victims of deadly police force. The Government remained
reluctant to prosecute vigorously those who committed such abuses,
contributing to a climate of impunity. Police occasionally beat
suspects to coerce confessions. An ingrained culture of corruption
persisted in many parts of the civilian bureaucracy and in some units
of the security forces. Routine demands for bribes undermined the rule
of law and permitted the continuation of various illegal activities
including trafficking in persons, sexual exploitation, and
prostitution. Conditions in prisons and some provincial immigration
detention facilities were poor due to severe overcrowding. Lengthy
pretrial detention and the prolonged detention of some aliens remained
problematic. The judiciary suffered from corruption and at times
security forces infringed on citizens' privacy rights. The Government
threatened to revoke visas of two foreign journalists critical of
public officials, and the media practiced some self-censorship and
experienced some editorial interference by the Government. There were
some restrictions on freedom of movement. The Government hindered the
activity of some human rights groups. The 1997 Constitution increased
legal protections for women and persons with disabilities; however,
some inequities in the law remained. Violence and societal
discrimination against women were problems. Societal discrimination
against hill tribes and religious and ethnic minorities persisted.
There were reports of forced labor and child labor. Trafficking in
women and children and coerced prostitution were serious problems.
Thailand was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of politically motivated killings during the year by government
agents; however, legal organizations, reputable nongovernmental
organizations (NGOs), and the press continued to report that some
police officers used unwarranted lethal force to apprehend criminal
suspects. Armed alleged drug traffickers in particular continued to
confront and threaten police officers and other security personnel.
Officers used deadly force during such confrontations. According to
government statistics, between October 2001 and September 2002, 112
persons were killed while being placed under arrest. However, NGOs
alleged that government figures underestimated the true number of
persons killed while being apprehended by security forces.
In the past, when the Government investigated extrajudicial
killings, it prosecuted few of the accused police or military officers.
Senior prosecutors and NGO legal associations claimed that most cases
eventually were dismissed because regulations outlined in the Criminal
Code required public prosecutors to rely exclusively upon the
recommendations of the police when determining whether to bring a case
for criminal prosecution. Routine exoneration of police officers
contributed to a climate of impunity that was a significant factor in
preventing any major change in police behavior. It also discouraged
relatives of victims from pressing for prosecution. However, in June
2000, new procedures for investigating suspicious deaths, including
deaths occurring in police custody, took effect as part of the amended
Criminal Procedure Code. The code requires, among other things, that
the prosecutor, a forensic pathologist, and a local administrator
participate in the investigation and that family members have legal
representation at the inquests. Thus far the effects of the reforms
appeared limited. The most notable case reflecting a changed climate
concluded in May 2000 before the reforms officially entered into
effect; at which time 10 policemen were sentenced to life imprisonment
for the 1994 killings of 4 municipal officials. Families rarely took
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 was no information available to
determine how many cases were settled out of court. However, in cases
in which suits were filed, the official charged often compensated the
family of the deceased, and the lawsuit was waived. Compensation paid
varied widely, from as low as $3,490 (150,000 baht) to $69,770 (3
million baht).
During the year, Chiang Rai police allegedly killed villagers in
Chiang Rai Province who were suspected of drug trafficking (see Section
5). Villagers recently told a media representative that a drug suspect
was taken from his home in May 2001 and beaten to death by police. His
wife said police demanded money in exchange for his release. In August
2001, another drug suspect reportedly was killed by Mae Chan district
police. Although the Chiang Rai police stated they would investigate
the allegations and urged the victim's families to file complaints, no
one had done so by year's end.
According to the Government, between October 2001 and September of
this year, 48 persons died while in police custody. In May a man
arrested on rape charges in Suratthani died in detention. Relatives
accused the police of beating him to death whereas the police
maintained that other detainees held in the same cell killed him. In
July a man arrested for theft died while in detention at the Suratthani
police station. The police stated that he died of natural causes, but a
forensic pathologist in Bangkok reported that he was beaten to death.
The police officer in charge of the Suratthani station was relieved of
duty and the National Human Rights Commission (NHRC) launched an
investigation into both deaths.
Between December 2001 and August, at least 17 police officers were
killed in a series of attacks on police checkpoints, booths, or
patrols. Local authorities blamed the violence on drug traffickers and
local gangs.
In December 2001, soldiers assigned to a counternarcotics unit in
Chiang Rai Province physically abused at least five suspected drug
addicts, all of whom were members of minority hill tribe groups (see
Section 5). One of the victims died as a result of the abuse after
being taken to the hospital by his interrogators. Two sergeants
subsequently were convicted of brutality and sentenced to several
months in prison by a military court. The Royal Thai Army (RTA) paid
the victim's widow $340 (15,000 baht) in compensation, and the soldiers
involved were reassigned. While RTA authorities initially denied any
wrongdoing, senior RTA officials, including the former Army Chief
General Surayud Chulanont publicly acknowledged that mistreatment,
including at least one death and an unknown number of beatings, had
occurred at the military camp. A probe was launched by the former-RTA
Region Three Deputy Commander Major General Pichanment Muangmanee. On
December 7, 2001, relatives of hill tribe drug addicts reported that
those addicts who arrived at a RTA sponsored drug detoxification camp
were forced down a hole where water and ashes were poured on them. They
were left in the hole for several hours. That night they were
blindfolded and led off separately for questioning about their alleged
connection with drug traffickers. The addicts told their families and
reporters that soldiers used electrical shocks and beat at least one of
them in order to extract a confession. The complaints gained
credibility following General Surayud's admission of the mistreatment
by the Third Army's Pha Muang Task Force. According to NGOs, many other
suspected drug users and traffickers may have been beaten during
interrogations conducted by soldiers and police officers.
During the year, human rights NGOs alleged that police in some
provinces formed their own killing teams to target drug traffickers.
There were also reports that police officers were ordered to kill drug
traffickers in response to killings of police. There were 25 killings
of political canvassers during the election campaigns leading up to the
January 2001 general election and the March 2000 Senate elections. All
of the victims worked for political parties; however, although some of
the killings apparently were motivated politically, most appeared to be
the result of personal disputes. The police arrested several persons in
connection with killings that were motivated by both political and
private disputes. Investigations of these cases continued at year's end
(see Section 3).
In past years, conflicts along all four of the country's borders as
well as internal insurgency resulted in the placement of landmines in
some border areas. At least 170 persons in border villages were killed
or injured in landmine or unexploded ordnance incidents each year,
although this figure likely underestimated the total number of mine
casualties because of incomplete record-keeping at hospitals. Most
landmine and unexploded ordnance victims were males between 20 and 40
years of age, who were collecting subsistence foods or forest products
in forested or unused land. The Government was committed strongly to
removing all landmines, unexploded ordnances, and destroying all
remaining stocks of mines.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
Early in the year, the Government released the results of two
investigations into the 1991 disappearance of Labor Congress of
Thailand President Thanong Po-an. The investigations were conducted by
the House Justice and Human Rights Standing Committee and the Ministry
of Interior, and were made public after activists filed a request under
the Official Information Act in 2001. Unfortunately, the reports failed
to provide any additional information about the fate of the disappeared
labor leader. In August members of the parliamentary Labor and Social
Welfare Committee held new hearings on the disappearance and pledged to
conduct a new investigation into the case. However, there were
difficulties obtaining police and army witnesses for committee
hearings. In addition, by year's end, the RTG had not responded to a
request for an explanation into Thanong's disappearance submitted by
the U.N. High Commission on Human Rights (UNHCHR). In late January, the
case formally was accepted by an independent committee chaired by
former PM Anand Panyarachun, which has the power to provide
compensation and recover remains, but not to bring perpetrators to
justice.
In February 2000, following border clashes involving Burmese, Thai,
and Karen forces, a large group of Karen crossed into the country
seeking safety. Some of the Karen fighters were associated with a small
splinter group, commonly referred to as God's Army. The Thai military
reportedly separated 55 males from the group. The family members of
those 55 males have had no word from them since that time. There were
allegations that the 55 men were executed. However, no physical
evidence was provided to support these claims. The Thai military stated
that the group of 55 males voluntarily returned to Burma to continue
their fight against the Burmese army.
In May 2000, as a result of a request made under the Official
Information Act by the victims' families, the Government released the
Defense Ministry's report on the military forces' suppression of
political demonstrations in May 1992. The report provided no new
information on the whereabouts of the remaining 38 prodemocracy
protesters still listed as missing. In May activists marked the 10-year
anniversary of the disappearances with renewed calls for the Government
to provide more information on the fate of the 38 missing protesters.
Most of those who disappeared, if not all of them, were presumed dead
by family members and NGOs.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution and the Criminal Code prohibit such
practices; however, NGOs and legal organizations continued to report
that some members of the police occasionally beat suspects to coerce
confessions. During the year, there were newspaper reports of 11 cases
in which citizens accused police of brutality, threatening false
charges, and extorting bribes. Investigations were undertaken in most
of the cases, including several in which the accused police officers
were suspended pending the result of the internal investigation.
Authorities also investigated and prosecuted police officers accused of
raping and extorting sex from female suspects in detention.
There were reports of police beatings of Akha villagers in Chiang
Rai and of the mistreatment of other hill tribe villagers by army
personnel in an RTA sponsored drug detoxification camp (see Sections
1.a. and 5).
In March two female refugees from Burma accused three soldiers of
raping them in the woods outside of a refugee camp in Mae Hong Son
Province. One of the alleged victims was 15-years-old and the other
victim was 20-years-old at the time of the assault. The accused were
standing trial at year's end. In May a migrant laborer from Burma
accused a Border Patrol Police officer of sexually abusing her while
she was detained for trying to enter the country illegally. The police
opened an investigation into the incident. The case was dropped when
the victim withdrew her complaint. In September a female detainee at a
Bangkok police station accused a police officer of raping her while she
was in custody. The officer was suspended from duty and detained
without bail; the incident remained under investigation at year's end
and was expected to be forwarded to the public prosecutor. In May 2001,
two women accused a police officer of raping them in jail while they
were serving a sentence on drug charges. The officer was suspended from
duty and released on bail. The rape case against him was still being
tried at year's end.
Police and prosecutors continued to investigate a November 2000
incident in which villagers allegedly paid by the Government violently
dispersed a protest by the NGO Assembly of the Poor at the Pak Moon
dam, seriously injuring 4 protesters and burning more than 500
temporary shelters. However, according to activists, the only charges
filed in the matter were against the demonstrators for trespassing on
state property. Some of these cases were dismissed during the year;
others remained in trial at year's end (see Section 2.b.).
Corruption remained widespread among police officers. Police
officials complained that low pay for members of the police force made
them susceptible to bribes.
Some corrupt police and soldiers were involved in prostitution and
trafficking in women and children (see Sections 5 and 6.f.).
In July a bomb exploded in an empty train car in Yala. No one
claimed responsibility and the police made no arrests in the case by
year's end. On June 4, at least two high school students were killed
when a school bus driving in Ratchaburi Province near the Burma border
was attacked by three gunmen dressed in military fatigues. A 36-year-
old Karen man, who admitted to possessing illegal firearms and entering
the country illegally, but who denied firing shots at the bus, was
arrested. At year's end, he still was in custody and awaiting trial
while two other suspects still were being sought.
Prison conditions were poor but in general they did not pose a
serious threat to the life or health of inmates. Already severe prison
overcrowding worsened during the year due to increased numbers of
persons imprisoned for drug-related offenses. The total prison
population of approximately 256,000 inmates was housed in 156 prisons
and detention centers, with a total design capacity of 100,000
prisoners. Sleeping accommodations and access to medical care remained
areas of concern. Medical care in prisons was inadequate. The
Corrections Department employed only 10 full-time doctors and 6 full-
time dentists. There were 10 part-time doctors and 47 full-time nurses
who supplemented the permanent medical staff. Prison authorities
sometimes used solitary confinement to punish difficult prisoners. They
also used heavy leg irons as a means of controlling and punishing
prisoners. Credible sources continued to report that prisoners captured
in escape attempts were beaten severely. Male and female prisoners in
official detention centers and prisons were segregated. Juveniles were
held separately in 34 of the 76 provinces, but they were tried in the
same courts as adults (see Section 5). Men, women, and children often
were held together in police station holding cells pending indictment.
Conditions in Bangkok's Suan Phlu Immigration Detention Center
(IDC) improved during the year; however, conditions in nine provincial
detention centers remained poor. Immigration detention facilities were
not administered by the Department of Corrections and were not subject
to many of the regulations that govern the regular prison system. There
were credible reports of physical and sexual abuse of detainees by
guards in some of the nine provincial detention centers. Overcrowding
was a serious problem at all of the facilities.
Access to prisons was not restricted, and the Government permitted
visits by independent human rights monitors and the International
Committee of the Red Cross.
d. Arbitrary Arrest, Detention, or Exile.--With few exceptions,
including crimes in progress, the law requires police officers making
an arrest to have judicial warrants, and authorities generally
respected this provision in practice. Under the 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. Foreign prisoners
sometimes were forced to sign confessions without the benefit of a
competent translator.
Police are required to submit criminal cases to prosecutors for the
filing of court charges within 48 hours of arrest; however, the law
also allows an extension period of up to 3 days. Police also may seek
court permission to hold suspects for additional periods (up to a
maximum of 82 days for the most serious offenses) to conduct
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 different procedures. In these
cases, police are required to submit cases to public prosecutors within
72 hours of arrest. Lawyers reported that the police rarely brought
their cases to court within the 48-hour period. There is a functioning
bail system. In August several Bangkok-based NGOs reported that police
raided offices of two Burmese dissident groups. Several persons were
detained. Most carried no documents of their nationality or immigration
status. Some subsequently were released while others were released at
the border. The police did not turn the dissidents over to the Burmese
authorities. It remained unclear who ordered the arrest of the
dissidents and whether it was a deliberate attempt to suppress anti-
Rangoon political organizations operating in the country. During the
year, several Burmese activists were arrested (see Sections 2.b. and
4).
The Anti-Communist Activities Act, which formerly provided the only
legal basis for detention by the police without specific charges for
long periods (up to 480 days), expired in June 2001.
Approximately 28 percent of the total prison population were
pretrial detainees. Pretrial detainees usually were not segregated from
the general prison population. Pretrial detention of criminal suspects
for up to 60 days was common. Some foreigners from countries without
diplomatic representatives in the country faced trial delays of up to 8
months (see Section 1.c.).
The Constitution prohibits forced exile and the Government did not
use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, while the judiciary generally was
regarded as independent, it sometimes was subject to corruption. In
April the press reported that two judges were suspended from their
duties on charges of abuse of power and malfeasance, and that a third
was under investigation on similar charges.
The civilian judicial system has three levels of courts, as well as
an independent Constitutional Court: 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 (last imposed in 1992).
There is no right to appeal military court decisions. The
Constitutional Court, charged with interpreting the Constitution, began
operating in 1998. In August 2000, the courts became fully independent
of the Ministry of Justice and responsible for their own administration
and budget. Islamic (Shari'a) courts hear only civil cases concerning
members of the Muslim minority. Access to courts or administrative
bodies to seek redress is provided for and respected.
There is no trial by jury. A single judge decides trials for
misdemeanors, and two or more judges are required for more serious
cases. Trials often require years to complete because they run
sporadically, typically convening for a single day every few months.
While most trials are public, the court may order a closed trial. This
is done most often in cases involving national security or the royal
family. Justices nominated to both the Constitutional Court and the
Supreme Administrative Court must be confirmed by the Senate; judges at
all other levels are career civil servants whose appointments are not
subject to parliamentary review.
The Constitution provides for the presumption of innocence.
Defendants tried in ordinary criminal courts enjoy a broad range of
legal rights, including access to a lawyer of their choosing. A
government program provided 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 Law Society of Thailand and the Thai Women Lawyers Association.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--Except for limited exceptions, the Constitution
prohibits such actions, and the Government generally respected these
prohibitions in practice. With a few exceptions, including crimes in
progress, the Constitution requires police to obtain a warrant from a
court prior to conducting a search. During the year, the Criminal
Procedure Code was amended to standardize procedures for issuing
warrants. All warrants are issued by the courts rather than by the
police.
NGOs concerned with the welfare of highlanders reported that police
and military units carried out several warrantless searches of villages
for narcotics in northern provinces during the year. Such operations
are permitted under both the Constitution and the Narcotics Prevention
and Suppression Act of 1976 in cases in which 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, which
allowed officials to engage in ``Communist suppression operations'' to
conduct searches without warrants, expired in June 2001 and was not
replaced with a similar law (see Section 1.d.). In July an activist
working to promote citizenship for hill tribe people was detained
briefly by the police in Chiang Mai, who then searched her home and her
mother's home for narcotics. The activist believed that the police
actions were a form of official harassment intended to discourage her
work on behalf of stateless hill tribe people. The Chiang Mai
provincial police commander and the NHRC launched separate
investigations that were ongoing at the end of the year. In June 2001,
the National Counter Corruption Commission found two Telephone
Organization of Thailand technicians responsible for malfeasance in the
June 2000 wiretapping of the residential telephone of Wira
Somkhwamkhit, an anticorruption activist (see Section 4).
Security services monitored persons, including foreign visitors,
who espoused extremist or highly controversial views.
Section 2. Respect For Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for a
large measure of freedom of speech and freedom of the press, and the
Government generally respected these rights in practice, although
several media outlets perceived to be critical of the current
government came under pressure during the year. The Government may
restrict freedom of speech and freedom of the press to preserve
national security, to maintain public order, to preserve the rights of
others, to protect public morals, to prohibit criticism of the royal
family, or to prevent insults to Buddhism.
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. While newspapers and periodicals
practiced some self-censorship, especially with regard to the monarchy
and issues involving national security, media criticism of political
parties, public figures, and the Government was common and vigorous.
During the year, there were no cases of violence or physical
intimidation against members of the press.
Journalists generally were free to comment on governmental
activities without fear of official reprisal, although there were
attempts by the Government to suppress journalists or publications
perceived to be critical of government officials or their families.
In February the Government revoked the visas of two resident
foreign journalists who reported for the Far Eastern Economic Review,
on the basis that their presence in the country was a threat to
national security and social stability. The Hong Kong-based editor and
the publisher of the magazine also were placed on an immigration
``blacklist'' following the January publication of an unattributed,
one-paragraph piece that reported on alleged disagreements between the
Prime Minister and the King. The police confiscated the edition of the
magazine that ran the article from newsstands. The visa cancellation
order was rescinded and the journalists were removed from the blacklist
after the magazine's editors issued a letter of apology to Parliament.
During the year, the Government's Anti-Money Laundering Office
(AMLO) ordered 17 banks to provide information concerning the financial
activities of prominent journalists and leaders of some NGOs considered
to be critics of the Government. Critics alleged that the AMLO, which
has the authority to investigate persons suspected of money laundering,
did not have probable cause to investigate the journalists or the
activists. The AMLO dropped the controversial asset probes shortly
before the Administrative Court issued an injunction to halt the
investigations. A government panel established to investigate the
scandal eventually exonerated the staff of the AMLO. Nonetheless,
several of the journalists and activists targeted initiated civil suits
against the AMLO and its top officials. The lawsuits were ongoing at
year's end. In March the publisher of Naeo Na newspaper revealed that
the Prime Minister asked him to drop a popular column harshly critical
of the Government. The publisher refused to drop the column, and the
Government took no action against him or his newspaper.
During the year, the Police Special Branch did not issue any
warnings to publications for violations of the 1941 Printing and
Advertisement Act such as disturbing the peace, interfering with public
safety, and offending public morals. However, the local distributor of
the British publication The Economist voluntarily decided not to
distribute the March 2 edition of the magazine, which featured a
special survey on the country that included commentary on the Royal
Family.
In March 2001, the Nation newspaper received a telephone call from
the Special Branch, which accused the newspaper of endangering national
security for printing a story critical of Foreign Minister Surakiart
Sathirathai's trip to Burma. In July 2001, the newspapers Thai Rath and
Krungthep Turakit received warning letters from the Special Branch
after they made reference to a Reuters wire service article that
speculated on the consequences if Prime Minister Thaksin Shinawatra was
found guilty of assets concealment by the Constitutional Court. The
case of four noncommissioned army officers arrested in the April 2000
nonfatal shooting of the Editor in Chief of the Chiang Mai daily
newspaper Pak Nua was being tried at year's end. The editor believed
that his repeated critical reporting on the local government led to the
assault. NGOs criticized the Government for the slow pace of the trial
and the lack of followup in key areas of the investigation of the
attempted killing. Two other civilian suspects wanted for questioning
by police remained at large.
The Printing and Advertisement 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.
The Juridical Council approved the revocation of the act, but final
revocation awaits approval by the Council of State.
The law allows police to restrict or to confiscate printed
publications and other materials deemed obscene; the interpretation
generally was limited to hardcore pornographic material.
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 were not censored and
circulated freely. Police had the authority to ban the importation of
publications but generally did not exercise it. In June 2001, the 1952
Anti-Communist Activities Act, which was created to counter the threat
of communism through media restriction, expired.
Radio and television stations enjoy the same constitutional
protections of freedom of expression and freedom of speech as the print
media. The Government licenses all radio and television stations, 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.
Ownership of media outlets by governmental and quasi-governmental
entities undermined freedom of press provisions several times during
the year. There was one cable television network that was owned by the
Nation Multimedia Group and operates exclusively on cable television.
In March Nation TV's broadcast of an interview with a strident critic
of the Government was interrupted, although simultaneous radio
broadcast of the interview continued. The Military Energy Department,
which owned the radio frequency used by the Nation Multimedia Group,
subsequently directed the concession holder to remove all Nation news
programs containing commentary or talk programming from their radio
station. The Mass Communications Authority of Thailand, the quasi-
governmental corporation that owned the cable television broadcast
syndicate the United Broadcasting Corporation (UBC) directed UBC
officials to ban five journalists, all critics of the Government, from
appearing on Nation Television.
The Constitution calls for fewer restrictions on broadcast media
and the establishment of an independent National Broadcasting
Commission (NBC) to oversee frequency management. The seven Commission
members were expected to be selected from four broad categories: the
Government, broadcasting, NGOs, and universities. Selection of the NBC
was postponed due to a lawsuit filed in the Administrative Court in
2001 alleging conflict of interest and corruption in the nomination
process. In March the Administrative Court ruled in favor of the
plaintiff and ordered the rejection of all of the proposed candidates.
The case remained under appeal at year's end. The NBC was to be
authorized to redistribute frequencies previously controlled by the
Government to eligible organizations or individuals in the country. The
media criticized the proposed implementation regulations, arguing that
they contained broad censorship powers and allowed the Government to
retain a large number of its frequencies.
Repeated delays in the implementation of broadcast media reform
contained in the 1997 Constitution resulted in attempts by some
community radio broadcasters to establish their own small studios and
transmitters. Because current broadcast regulations restrict radio
frequencies to government entities, these independent community radio
stations technically are illegal. During the year, several independent
community radio broadcasters requested legislative intervention after
receiving cease and desist notices from the Public Relations
Department. Parliamentary hearings were scheduled for late in the year.
At year's end, about 60 (of 200) community radio stations continued to
operate. By year's end, there still was no implementing legislation for
broadcast media reform.
The military services retain 40 to 50 radio and television
frequencies for national security purposes, despite assurances by the
civil authorities 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 was one cable network which was autonomous. However, one of
the principal owners maintained closed ties to the Prime Minister.
There was one independent, noncable television station, Independent
Television (ITV); its managing shareholder was Shin Corporation, which
was owned by the Prime Minister's family. Programmers generally were
free to determine the nature and content of television broadcasts.
Stations occasionally censored or ``blacked out'' portions of
programming that they deemed politically sensitive or pornographic.
Such self-censorship was more common at state-controlled stations. In
February 2001, 21 ITV staff members were fired one day after they
formed a union and publicly complained of political interference in the
station's editorial content (see Section 6.a.). The station's
management cited breach of company regulations and restructuring as the
basis for the firings. In September the central labor court ordered
that the 21 union members fired by ITV be reinstated (see Section
6.a.). In August 2001, the Thai Broadcast Journalist Association filed
a lawsuit against the Prime Minister in the Administrative Court,
accusing him of 14 instances of editorial interference that violated
the constitutional provision of press freedom. The case was pending at
year's end. A censorship board existed as part of the office of the
Prime Minister; however, it rarely formally restricted television or
radio broadcasts. It advised broadcasters either verbally or by letter
of specific programs deemed inappropriate or offensive, and advised the
programmer to be more careful in the future.
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 is composed of officials representing the Ministry of
Education, the Ministry of University Affairs, the military, the
Department of Religious Affairs, and the Ministry of Foreign Affairs.
The board may ban films if its requirements that portions of the film
be removed are not met. 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. According to the office
of the Film Censorship Board, of the 185 films submitted for review in
2001, 2 were banned.
Activity on the Internet remained unregulated. As of the end of
2001, according to the National Electronics and Computer Technology
Center, an estimated 3.5 million persons used the Internet.
The Constitution provides for the right to engage in academic
pursuits, and academic freedom generally was respected. The Ministry of
Education edits public school textbooks. No textbooks were censored
during the year. However, in February, police officers and officials
from the Ministries of University Affairs and Defense visited the
office of Assumption University's ABAC Polls, a well-respected survey
organization, following the release of public opinion poll results
about leading political figures. The officials requested to see the
results of future polls before they were released. ABAC Polls chose not
to comply with the request and did not experience any subsequent
ramifications.
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.
In November 2000, in Ubon Ratchanthani Province, villagers
allegedly paid by the Government's electric power authority violently
dispersed a longstanding protest at the Pak Moon dam by the Assembly of
the Poor, an NGO focusing on issues of poverty and the environment. The
villagers seriously injured 4 protesters and burned more than 500
temporary shelters. The protesters argued that the dam displaced local
residents and negatively affected their livelihoods and the
environment. At year's end, charges were brought against the
protesters, several of whom were charged with trespassing on state
property. On December 20, several protestors and 15 police officers
were injured during a protest in Hat Yai against building the Thai-
Malaysia pipeline. Twelve protest leaders were arrested and
subsequently released on bail. Human rights organizations, media,
student groups, and NGOs criticized the alleged brutality and Prime
Minister Thaksin's support of the police. On December 22, the Prime
Minister said that the Government was willing to work with NGOs, but
would blacklist and take serious action against any groups and ``mob
leaders'' condoning the use of violence. On December 23, a Commissioner
of the NHRC said that he would set up a sub-committee to investigate
the incident. Also in December, 21 Burmese activists were arrested when
police in Mae Hong Son broke up a meeting commemorating International
Human Rights Day. Seven of the activists were released, while 13 others
were tried and taken to the border for repatriation. At year's end, the
organizer of the meeting remained in police custody (see Section 1.d).
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 was
approved routinely.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice; however,
it restricted the activities of some groups. The Constitution requires
that the monarch be a Buddhist. The state religion is in effect
Therevada Buddhism; however, it is not designated as such.
The Government played an active role in religious affairs. The
Religious Affairs Department (RAD), which is located in the Ministry of
Education, registered religious organizations. To register a religious
organization first must be accepted into an officially recognized
ecclesiastical group. There were seven such groups, including one for
Buddhists, one for Muslims, one for Catholics, and four for Protestant
denominations. Government registration conferred some benefits,
including access to state subsidies, tax-exempt status, and
preferential allocation of resident visas for organization officials.
Although some activities of groups that were not accepted into one of
the existing recognized groups were restricted, in general,
unregistered religious organizations operated freely. There were no
reports of the extortion of unregistered groups by local officials
during the year.
Under the provisions of the Religious Organizations Act, the RAD
recognizes a new religion if a national census shows that it has at
least 5,000 adherents, a uniquely recognizable theology, and is not
active politically. However, since 1984 the Government has maintained a
policy of not recognizing any new religious faiths. This restricted the
activities of some groups that were not accepted into one of the
existing religious governing bodies on doctrinal or other grounds.
The Constitution requires the Government ``to patronize and protect
Buddhism and other religions.'' The Government subsidized the
activities of the three largest religious communities (Buddhist,
Islamic, and Christian). Since mid-2001 the Government has provided
more than $52 million (2.2 billion baht) 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 who hold administrative and senior ecclesiastical posts;
and to subsidize travel and healthcare for monks and Muslim clerics.
This figure also included 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.
During the year, the Government also provided $66,000 (3 million
baht) to Christian organizations to support social welfare projects.
Catholic and Protestant churches may request government support for
renovation and repair work but do not receive a regular budget to
maintain church buildings nor do they receive government assistance to
support their clergy. The Government considered donations made to
maintain Buddhist, Muslim, or Christian buildings to be tax-free
income; contributions for these purposes were also tax-deductible for
private donors.
Religious instruction is required in public schools at both the
primary (grades 1 through 6) and secondary (grades 7 through 12)
education levels. Instruction is limited to Buddhism and Islam.
In February 2001, Falun Gong members voluntarily decided not to
proceed with plans to organize an international meeting in Bangkok,
originally proposed for April. Their decision was in response to
unofficial indications from the Government that it did not favor such a
conference. In the past, the Government has investigated religious
groups alleged to be engaged in ``cult'' activities.
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. The quota is divided
along both religious and denominational lines, but religious
organizations reported that unregistered missionaries were able to
proselytize during the year. 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.
Muslims, who represented between 5 and 10 percent of the country's
population nationwide and constituted the majority in four of the five
southernmost provinces that border Malaysia, also experienced some
economic 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.
Muslim female civil servants were not permitted to wear headscarves
when dressed in civil servant uniforms. Muslim female civil servants
who were not required to wear uniforms were allowed to wear
headscarves. In practice, most female civil servants were permitted by
their supervisors to wear headscarves if they wished to do so,
particularly in the country's southernmost provinces.
Women were not permitted to be ordained as monks. In addition, many
religious schools only accepted males (see Section 5).
Laws prohibiting speech likely to insult Buddhism remained in
place. The police have authority under the law to issue written
warnings or orders suspending the publication or distribution of
printed materials considered offensive to public morals; however, they
did not use it to restrict the publication or distribution of religious
literature during the year.
For a more detailed discussion, see the 2002 International
Religious Freedom Report.
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 respected this right in practice; however, there were some
exceptions. Longstanding written restrictions on the travel and
domicile of certain Vietnamese resident aliens who immigrated to the
country in 1945 and 1946, and Chinese who immigrated between 1953 and
1961, remained in place. In addition, other longtime noncitizen
residents, including hundreds of thousands of ethnic Shan and tens of
thousands of other tribal members, officially are required to seek
permission from local authorities or the army for foreign and domestic
travel. In practice authorities rarely enforced these restrictive
measures. Registered resident aliens moved freely within the country.
The Government limited the sectors and provinces in which migrant
workers may hold jobs. The Government deported thousands of migrant
workers and families during the year. However, NGOs and the
International Organization for Migration (IOM) reported that a large
number of those deported later returned to the country (see Section
6.e.).
The Government did not extend displaced person status to the large
number of members of the Shan ethnic minority who crossed the border
fleeing the effects of forced relocation and sporadic fighting in Shan
State, Burma. However, in May the Government granted temporary shelter
to approximately 450 Shan who fled fighting in Burma across the border
from Chiang Mai Province. In June the Government announced plans to
repatriate the group. The Government later delayed the repatriation
following an appeal by NGOs.
The country is not a signatory to the 1951 U.N. Convention Relating
to the Status of Refugees or its 1967 Protocol. There is no legislation
regarding the treatment of refugees. However, the Government continued
to provide first asylum to a small number of Lao asylum seekers. The
Government continued to allow the U.N. High Commissioner for Refugees
(UNHCR) to monitor and provide protection to 133,000 Burmese refugees
designated by the Government and the UNHCR as displaced persons in 10
camps along its frontier with Burma. However, the Government prohibits
the UNHCR from maintaining a permanent presence in the border camps.
Along the border with Burma, the Government generally followed its
policy of providing first asylum to new displaced arrivals. In 1999
provincial screening committees were established to determine
eligibility to enter the refugee border camps based upon very narrow
criteria, limited to those who flee actual fighting rather than on
broader grounds of persecution on the basis of race, religion, ethnic
group, social class, or political opinion. However, Ministry of
Interior officials in the border provinces opted not to convene new
boards during the year, causing the unregistered population in the
refugee camps to increase substantially.
In June and August 2000, the Government forcibly repatriated 116
Burmese deemed ineligible for assistance. The UNHCR unsuccessfully
appealed on behalf of those asylum seekers. Most of those who returned
to Burma reportedly returned to the camps. In January the Maneeloy
Burmese Center located in Ratchaburi Province and which housed Burmese
``student'' refugees was closed and the residual population was
transferred to the refugee camp Tham Hin located near the border with
Burma. Tham Hin housed more than 9,300 persons from Burma, mostly
Karen. A new section was created to receive the Maneeloy residual
population.
The Government continued to allow NGOs to provide food, medical
services, housing, and other services to Burmese refugees near the
border. However, the Government did not allow NGOs to aid ethnic Shan
refugees. Government officials periodically arrested Burmese outside
designated camps as illegal aliens, including some recognized as
``persons of concern'' by the UNHCR. Those arrested generally were
taken to the border and released.
The Government maintained a blacklist of persons who were not
permitted entry into the country (see Section 2.a.).
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. The country is a democratically governed
constitutional monarchy. Since 1992 there have been five national
multiparty elections, which transferred power to successive governments
through peaceful, democratic processes. The King exerts strong informal
influence but never has used his constitutionally mandated power to
veto legislation or dissolve the elected bicameral Parliament. Voting
is compulsory. Eligible voters who fail to exercise their voting
responsibilities, except for those excused, are subject to the loss of
certain rights, including the right to be a candidate in future
elections. However, the Constitution prohibits Buddhist monks and nuns
from seeking public office. Parliamentary elections were held in
January 2001. The election process generally was viewed as free and
fair; however, it was marred by widespread vote buying, a recurrent
problem. Exercising its constitutional mandate to prevent election
fraud, the Election Commission dismissed polling results and held a
total of 5 rounds of revotes in 72 constituencies due to ``election
irregularities.'' There also were 25 killings of political canvassers
during the campaign leading up to the 2001 elections, at least some of
which were motivated politically (see Section 1.a.). In February 2001,
the coalition government of Prime Minister Thaksin Shinawatra's Thai
Rak Thai Party was formed.
In August 2000, the first directly elected Senate took office. The
Senate election required multiple rounds of voting for some districts
because the Election Commission voided some results due to
irregularities such as evidence of vote buying. In October 2000, the
Constitutional Court ruled that the Election Commission could
disqualify a candidate whom the Commission finds guilty of electoral
irregularities.
While there were no legal restrictions on their political
participation, the percentage of women in government or politics does
not reflect accurately their numbers in the population, especially at
senior levels in the national government. There were 45 women among the
500 members of the House of Representatives, and 20 women in the 200
member Senate. There were 3 women in the 36 member Cabinet. Although
over half of civil service employees were women, relatively few held
senior positions.
No laws prohibited the political participation of ethnic
minorities, but few held positions of authority in national politics.
Muslims from the south hold significant elected posts in the
Government, although they continued to be underrepresented in appointed
local and provincial government positions. There were 8 Muslim Senators
and 22 Muslim Members of House of Representatives, including Interior
Minister Wan Muhamad Noor Matha. Two Members of Parliament were hill
tribesmen.
Noncitizen members of hill tribes were barred from participating in
the political process (see Section 5).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally work 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.
There were several NGO human rights groups that were effective in
drawing international attention to perceived human rights violations.
In many cases they brought such violations to the attention of the NHRC
as well as to the media. In general NGOs were allowed to operate
freely. However, NGOs that dealt with sensitive political issues, such
as the Burmese democracy movement, faced considerable harassment. In
addition, Amnesty International and other NGOs were critical of what
they alleged to be the Government's use of anti-money laundering laws
to investigate and harass NGO leaders.
Very few NGOs were accorded tax-exempt status, and this sometimes
hampered the ability of domestic human rights organizations to secure
adequate funding.
In August the police simultaneously raided three or four houses in
the border town of Sankhlaburi which were being used as offices by NGOs
working to promote democracy in Burma. Police detained 31 Burmese
democracy activists and confiscated office equipment and files. All
were taken to the border and released. The police did not hand them
over to the Burmese authorities (see Section 1.d.).
The 11 member NHRC convened for the first time in July 2001. It
operated as a separate government entity to prepare an annual
evaluation of the human rights situation for the National Assembly, to
propose policies and recommendations for amending laws to the National
Assembly, to promote measures to educate citizens on human rights, and
to investigate human rights abuses. Although the Commission received
over 300 petitions during its first year in existence, modest staffing
and resources, as well as the lack of power to prosecute or to punish
violators, hampered its ability to carry out its mandate.
In June 2001, the National Countercorruption Commission found two
Telephone Organization of Thailand (TOT) technicians responsible for
criminal and disciplinary violations in connection with the wiretap
surveillance of Wira Somkwamkhit, Chairman of the People's Rights
Protection Group, an anticorruption NGO. Wira was investigating
corruption charges against former Deputy Prime Minister Sanan
Khrachonprasat, who was forced to resign after the Commission found
that he falsified financial statements. Although the two technicians
were fired by TOT, the Commission was unable to identify the person who
ordered the wiretaps by year's end (see Section 1.f.).
Section 5. Discrimination Based on Race, Sex, 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;
however, in practice some discrimination existed, and government
enforcement of equal protection statutes was uneven.
Women.--Domestic abuse continued to be a serious problem affecting
the welfare of many women; reliable reports indicated that domestic
abuse occurred 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 made prosecuting such cases difficult. Police did not
enforce laws against such violence vigorously, and domestic violence
often went unreported, because many victims and law enforcement
personnel continued to regard domestic abuse as a private matter rather
than a legal one. NGO-supported programs designed to aid victims
included emergency hotlines, temporary shelters, counseling services,
and a television program designed to increase awareness of domestic
violence, HIV/AIDS, and other issues involving women. The Government's
``one-stop'' crisis centers, located in state-run hospitals, continued
to care for abused women and children, but faced budget difficulties.
Rape is illegal. However, a husband may not be prosecuted for
spousal rape. According to academics and women's rights activists,
rapes and domestic assaults were underreported, in part because law
enforcement agencies widely were perceived to be incapable of bringing
perpetrators to justice. Police sought to change this perception and
encouraged women to report sexual crimes through the use of teams of
female police officers that operate in metropolitan Bangkok police
stations, with a total of 20 female investigators. During 2001 the
police expanded this program to three provinces by adding an additional
nine female officers.
Prostitution is illegal but flourishes. It often was protected by
local officials with a commercial interest in it (see Sections 1.c. and
6.f.). Trafficking in women and children for prostitution was a serious
problem (see Section 6.f.). Government and NGO estimates of the number
of women and children engaged in prostitution varied widely. Many NGOs
and government departments reported a figure of 200,000 persons, which
was considered conservative. This figure included children under 18
years of age and foreigners. There were reports that women were forced
into prostitution in border areas, but the number of such cases was
difficult to determine. The majority of prostitutes were not kept under
physical constraint, but a large number worked under debt bondage (see
Sections 6.f.). The 1996 Prostitution Prevention and Suppression Act
makes child prostitution illegal and states that customers who
patronize child prostitutes are subject to criminal sanctions. Parents
who allow a child to enter the trade also are subject to criminal
sanctions, but the number of prosecutions remained low. NGOs and
government agencies provided shelter, rehabilitation, and reintegration
programs for children and women involved in the sex industry.
Sex tourism was a problem (see Section 6.f.).
The 1998 Labor Protection Act makes sexual harassment illegal, but
covers only persons working in the private sector. NGOs claimed that
the term was vague and that such ambiguity made the prosecution of
harassment claims difficult. No sexual harassment cases were prosecuted
under the law during the year. However, in September, a female
journalist accused a senior political figure of sexual harassment. The
politician in turn filed a libel lawsuit against her newspaper. The
case was pending at year's end. Extensive media coverage of the case
suggested that public awareness of the issue was increasing.
The Constitution provides women with equal rights and protections,
but some inequalities in the law remained. A man may sue for divorce on
the grounds that his wife committed adultery, but a woman faces the
additional legal burden of proving that her husband has acknowledged
publicly another woman as his wife.
Women had equal access to higher education, and more than half of
the university graduates this year were women. However, police and
military academies (except for the nursing academy) did not accept
female students, although a significant number of instructors at the
military academies were women. Women constituted 44 percent of the
labor force and held an increasing share of professional positions.
Women also were able to own and manage businesses freely. Government
regulations require employers to pay equal wages and benefits for equal
work, regardless of gender. Nonetheless, discrimination in hiring was
common, and there was a significant gap between the average salaries
earned by men and women, because women were concentrated in lower
paying jobs. In practice women also received lower pay for equal work
in virtually all sectors of the economy. According to the Legal Affairs
Division of the Thai Civil Service Commission, a civil servant must
``dress properly.'' In June a parliamentary committee ruled that women
Members of Parliament were allowed to wear trousers while in
Parliament.
The Constitution specifies that at least one-third of the members
of the NHRC be women; during the year, 5 of the 11 commissioners were
women. The Women and Constitution Network, a league of 35 women's
organizations, advocated legal reforms to address inequities in the
treatment of women. It continued to play an important role in securing
the inclusion of gender-equality clauses in legislation that created
new government organizations mandated by the 1997 Constitution.
Children.--In recent years, 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 the
Government mandates 9 years of compulsory education. However, only an
estimated 23 percent of children completed grade 6, and 10 percent
completed grade 12. 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. Young girls were
barred from religious schools which were often the only form of
education for impoverished children. Although special juvenile courts
and detention centers existed in 34 provinces, children were tried in
the same courts as adults and detained with adults in the rest of the
country (see Section 1.d.).
The Criminal Code provides for the protection of children from
abuse, and laws on rape and abandonment provide for harsher penalties
if the victim is a child. In May a police lieutenant colonel and a
sergeant were arrested and charged with statutory rape in the case of a
12-year-old girl sold into prostitution by her mother (see Section
6.f.). During the year, police were reluctant to investigate abuse
cases, and rules of evidence made prosecution of child abuse cases
difficult. In September 2000, legislation designed to protect
witnesses, victims, and offenders under the age of 18 came into effect.
The procedures allow children to testify on videotape in private
surroundings in the presence of a psychologist, a psychiatrist, or
another social worker. However, some judges refused to allow video
testimony in their courts. Persons charged with pedophilia are charged
under appropriate age of consent and prostitution laws. Victims'
testimony is handled under the provisions of the Child Friendly
Procedure Act.
Trafficking in children, including for prostitution, was a serious
problem (see Section 6.f.). Pedophilia, both by citizens and by foreign
sex tourists, continued. The Government, university researchers, and
NGOs estimated that there were as many as 30,000 to 40,000 prostitutes
under 18 years of age. The Prostitution Prevention and Suppression Act
of 1996 made child prostitution illegal and provided for criminal
punishment for those who use child prostitutes. Parents who allow a
child to enter the trade also are punishable. In September the mother
of two underage daughters, who provided them to sex tourists in Mae Sai
in November 2000, was sentenced to 5 years in prison.
Child labor remained a problem, and some international
organizations, government-funded research organizations, and news media
continued to report on the large number of children leaving school for
economic reasons (see Section 6.d.).
In late 2001, the Department of Public Welfare and the
International Labor Organization-International Program for the
Elimination of Child Labor (ILO-IPEC) estimated that as many as 20,000
children lived in the streets of the major urban centers. Many were
thought to come from neighboring countries, including Cambodia and
Burma. Although Bangkok authorities attempted to provide shelters,
resources were inadequate and many of the children reportedly avoided
the shelters for fear of being detained and expelled from the country.
There were many local NGOs that worked to promote children's rights
in the country. Employers' organizations, such as the Employer's
Confederation of Thailand, also were involved in child labor issues.
These organizations received good working support from the Government.
Persons with Disabilities.--The Constitution provides for access to
public facilities and prohibits employment and education discrimination
against persons with disabilities; however, the Government did not
enforce these laws effectively.
In May the Constitutional Court upheld a judicial personnel law
blocking persons with physical disabilities from becoming judges. The
case was brought to the highest court after two persons with physical
disabilities were denied the right to sit for the examination to become
judicial officials. The Constitutional Court ruled that the personnel
law does not contravene the Constitution, which proscribes unjust
discrimination against a person on the grounds of physical or health
conditions. At year's end, activists were appealing to Parliament to
amend laws that allowed employment discrimination against persons with
disabilities.
During the year, an estimated 145,000 children with disabilities
attended school, with approximately 130,000 of them enrolled in 4,000
regular public schools equipped to accommodate students with physical
disabilities. Nationwide, there were 9 government operated and 16 NGO
operated training centers for persons with disabilities. However, with
little education, very few adults with disabilities were able to find
employment. Many of those who did find employment were subjected to
wage discrimination. The law requires that private firms hire 1 person
with a disability for every 200 other workers or contribute to a fund
that benefits persons with disabilities, but this provision has not
been enforced since it came into effect in 1991. Government officials
estimated that between 20 and 30 percent of firms disregard the law.
Some state enterprises had discriminatory hiring policies.
The Constitution mandates access to public buildings for persons
with disabilities, but laws implementing the provisions have not yet
been enacted. The 1999 regulation that makes compliance mandatory was
not enforced during the year. Persons with disabilities who register
with the Government are entitled to free medical examinations,
wheelchairs, and crutches.
Indigenous Persons.--Members of hill tribes without proper
documentation, who accounted for approximately half of the estimated 1
million members of hill tribes, still faced restrictions on their
movement, may not own land, and were not protected by labor laws,
including minimum wage requirements. They sometimes were denied
adequate education and health care. Those residing in national parks or
wildlife sanctuaries were subject to eviction. As noncitizen residents,
they also were barred from participating in the political process (see
Section 3).
In May 2000, the MOI redefined the category of hill tribe residents
eligible for citizenship to include previously undocumented tribal
persons, now collectively called ``highlanders.'' The new definition
includes persons who formerly were defined either as indigenous or
migrants. The new regulations were supposed to ease the requirements to
establish citizenship by allowing a wider range of evidence, including
testimony from references, and empowering local officials to decide
cases. However, activists reported that widespread corruption and
inefficiency at all levels, including among highland village headmen
and government officials, caused the Government to miss the August
deadline for citizenship processing for certain groups of resident
alien hill tribe members. The Government extended the deadline to
August 2003.
In March the Ministry of Interior revoked the citizenship of 1,243
persons in Mae Ai district, Chiang Mai Province. Government officials
claimed that irregularities in the issuance of their identification
documents invalidated their claim to citizenship. NGOs petitioned the
Government to review each case on an individual basis to avoid
penalizing persons entitled to citizenship. By year's end, several
individuals had successfully regained their citizenship after proving
their parents were Thai.
Societal discrimination against hill tribe members, arising from
widely held beliefs that they were involved in drug trafficking and
environmental degradation continued. Hill tribes occasionally were
subjected to indiscriminate searches of villages for illegal drugs (see
Sections 1.a. and 1.f.). There were several allegations of mistreatment
and abuse by the Third Army's Pha Muang Task Force, which jointly
administers the hill tribe drug detoxification program with the
Ministry of Public Health, the police, and the Ministry of the
Interior. In Chiang Rai, provincial authorities require all drug
addicts to register with village committees and to join the program.
Those who registered were granted immunity from prosecution. The
program was aimed at separating drug addicts from the traffickers. The
army publicly acknowledged mistreatment occurred and promised to punish
those found responsible for such abuses (see Section 1.a.).
National/Racial/Ethnic Minorities.--The Sino-Thai population was
well integrated and did not face discrimination. However, about 50,000
former Chinese soldiers and dependents of the Kuomintang army who fled
China after the Communist takeover and approximately 45,000 Vietnamese
immigrants who resided in 5 northeastern provinces lived under a set of
laws and regulations that restricted their movement, residence,
education, and occupation; however, these laws rarely were enforced
(see Section 2.d.). According to government sources, over 22,600
children of Vietnamese immigrants and 6,209 children of Chinese
Kuomintang immigrants from these groups have been naturalized. The
Ministry of Interior suspended the naturalization program in December
1999, leaving many cases unresolved.
Section 6. Worker Rights
a. The Right of Association.--The 1975 Labor Relations Act grants
freedom of association to all private sector workers, who have the
right to form and join unions of their choosing without prior
authorization. However, the law did not explicitly protect workers who
participated in organizing unions that were not registered officially
from discrimination. Union leaders reported that employers often
discriminated 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 unions.
In September the Central Labor Court ruled that 21 union members
fired by ITV, a television station majority owned by the Prime
Minister's family, be reinstated to their former positions. The ruling
mirrored recommendations made in March by the International Labor
Organization Committee on Freedom of Association (ILO/CFA). The workers
alleged that they were fired for protesting political interference in
news reports. The layoffs took place 1 day after the workers registered
a new union in February 2001 (see section 2.a.).
In March ILO/CFA accepted its second-ever case from the country.
Privatization of the state enterprise petroleum company resulted in a
legal ruling dissolving the 200-member union at a subsidiary entity.
The union rejected the Government's recommendation to re-register under
the deficient law covering the private sector, citing concern that the
ruling was an important precedent for other state enterprises scheduled
for privatization. Loopholes in the 1975 LRA, which provide less legal
protection to newly formed unions were of particular concern. CFA
recommendations were pending at year's end.
Less than 2 percent of the total work force, but nearly 11 percent
of industrial workers and over 50 percent of state enterprise workers,
were unionized. Cultural traditions, unfamiliarity with the concept of
industrial relations, efforts by the Government to diminish union
cohesiveness, and the majority share of total employment that is in the
agricultural and informal sectors often were cited as reasons for low
rates of labor organization.
State enterprise unions do not have the right to join private
sector federations. However, unofficial contacts between public and
private sector unions continued, and the Government did not interfere
with these relationships.
Some corrupt private sector union leaders were exploited by
politicians or employers, but public unions generally operated
independently of the Government and other organizations. Internal
conflicts, corruption, and a lack of influential leadership continued
to weaken the labor movement.
Unions were free to associate internationally with other trade
union organizations, and they maintained 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; 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.
The Labor Relations Act defines the mechanisms for collective
bargaining and for government assisted conciliation and arbitration in
cases under dispute. In practice genuine collective bargaining occurred
only in a small fraction of workplaces and in most instances continued
to be characterized by a lack of sophistication on the part of worker
groups and autocratic attitudes on the part of employers. Wage
increases for most workers came as a result of increases in the minimum
wage, rather than as a result of collective bargaining. The process of
setting minimum wages locally through provincial tripartite committees
may further limit union influence; many of these provincial committees
excluded labor representatives and placed factory managers on the wage
committees to represent worker interests. The Government sets wages for
both civil servants and state-enterprise employees under the 2000 State
Enterprise Labor Relations Act (SELRA).
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; however, it seldom invoked
this provision and did not do so during the year. Labor law also
forbids strikes in ``essential services,'' which is defined much more
broadly than in the ILO criteria, and includes sectors such as
telecommunications, electricity, water supply, and public
transportation as essential services. The law also prohibits
termination of employment of legal strikers; however, some employers
used unfavorable work assignments and reductions in work hours and
bonuses to punish strikers. SELRA provides public sector employees in
state enterprises the same rights to organize as exist in the private
sector. SELRA prohibits lockouts by employers and strikes by state-
enterprise workers. No strikes were disapproved during the year, and
two legal strikes were held. There were 17 illegal strikes involving
4,065 workers during the year.
The law prohibits antiunion actions by employers; however, it also
requires that union committee members be full-time employees of the
company, which makes them vulnerable to employers seeking to discipline
workers who serve as union officials or who attempt to form unions.
A system of labor courts exercises judicial review over most
aspects of labor law for the private sector. Workers also may seek
redress for 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
who were dismissed unjustly usually were awarded only monetary
compensation.
No separate labor legislation applied in the nine export processing
zones, in which wages and working conditions often were better than
national norms because of the preponderance of foreign based
multinational firms.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor except in the case of national
emergency, war, or martial law; however, while these provisions
generally were enforced in the formal sector, forced labor in the
informal sector remained a problem. The law specifically prohibits
forced or bonded labor by children; however, such labor was known to
occur (see Section 6.d.). During the year, there were reports of
sweatshops in which employers prevented workers (primarily foreign
migrants) from leaving the premises. There were no estimates of the
number of such sweatshops, but the growing number of illegal aliens
from Burma, Cambodia, and Laos increased the opportunities for such
abuse. NGOs and the ILO reported thousands of underage boys and girls
were brought into the country for labor on farms, in sweatshops, and
very young children were used to work in street begging gangs.
In September the country's central labor court awarded back wages
amounting to $46,600 (2 million baht) to a group of 33 Burmese migrant
women and girls who were held in indentured servitude. The group,
including 21 minors, was brought 2 years earlier from Burma to a
clothing factory in Bangkok where they were physically confined and
subjected to forced labor. Upon arrival in Bangkok their wages were
withheld for the first year of 14-hour days/6-day weeks of labor. After
the first year, wages were set abetween $52 and $59 a month (2,235 baht
and 2,535 baht), which was approximately half the legal minimum wage
(see Sections 6.e and 6.f).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age for employment is 15 years of age.
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 in which alcohol is served, is prohibited by law.
It was estimated that approximately 1 million children nationwide
worked on family farms. NGOs reported that 2 to 4 percent of children
between the ages of 6 and 14 years worked illegally in urban areas;
such children were at risk of becoming victims of other abuses of labor
laws. Most underage workers in urban areas worked in the service
sector, primarily at gasoline stations and restaurants. Child labor was
not evident in larger foreign-owned or domestic export-oriented
factories. However, there was no comprehensive survey of child labor in
smaller enterprises, since NGOs did not have access to shop house
factories. Although there was no accepted estimate, the ILO and NGOs
believed there were significant numbers of child domestic workers in
the country. Minimum wage and age provisions of the 1998 Labor
Protection Act do not apply to domestic workers, some of whom were
believed to be under 15-years-old. NGOs reported child domestic workers
were predominantly foreign, migrating from Burma, Cambodia, and Laos.
Most were in the country illegally, increasing their vulnerability to
exploitation.
In July a child domestic worker from Burma suspected of theft was
fatally beaten and burned, allegedly by her employers. NGOs also
reported a case of a Burmese child domestic worker who was sold by her
employers into forced prostitution. In both cases, there were no
prosecutions by year's end.
During the year, the Department of Labor employed 680 full-time
inspection officers. Enforcement of child labor laws was not rigorous,
and inspectors usually responded only to specific public complaints,
reports of absences by teachers, or reports in newspapers. Their
inclination when dealing with violators was to negotiate promises of
better future behavior, rather than to seek prosecution and punishment.
Inspection of private homes to monitor the welfare of child domestic
workers was hampered by the legal requirement to obtain a warrant. In
August 1999, the Government attempted to address the problem of child
labor in August 1999 by promulgating the National Education Act. The
act raised the compulsory educational requirement from 6 years to 9
years of age, and offers 12 years of free education. Enforcement of the
new provisions began in August (see Section 5). Observers believe that
the problem of child labor in industry diminished due to enforcement of
recent laws and increased public scrutiny. However, according to local
NGOs and the ILO, the problem of street children (often foreign)
working as beggars for organized gangs appeared to be increasing (see
Section 6.c.).
The Ministry of Education provided various scholarships to
approximately 6 percent of the country's primary students to allow them
to remain in school. Lunch programs, tuition assistance for poor rural
students, and scholarships for girls at risk were included.
Approximately 60,000 volunteers, comprised of community leaders,
parents, and teachers were appointed in villages to address child labor
problems at the grassroots level.
The Protection Act codifies the worst forms of child labor.
Although not all child domestic workers fell under the worst forms,
many were at risk due to their age, gender (predominantly female),
legal status, and working conditions.
The law specifically prohibits forced or bonded labor by children;
however, forced child labor was a problem (see Section 6.c.).
e. Acceptable Conditions of Work.--The minimum wage ranged from
$3.09 to $3.91 (133 baht to 168 baht) per day, depending on the cost of
living in various provinces. Minimum wages were set by provincial
committees that sometimes included only employer representatives. This
wage was not adequate to provide a decent standard of living for a
worker and family. With extended family members' financial
contributions, the minimum wage provided the basis for a marginally
adequate overall standard of living. The Ministry of Labor is
responsible for ensuring that employers adhere to minimum wage
requirements (applicable to the formal sector); however, nationwide,
academics estimated one-third of formal sector workers received less
than the minimum wage, especially those in rural provinces. Despite
encouragement of employees to report violations to labor inspectors,
the enforcement of minimum-wage laws was mixed. Many labor laws,
including the minimum wage law, do not apply to undocumented workers,
primarily hill tribe members and illegal aliens. Unskilled migrant
workers often worked for wages that were significantly lower than the
minimum wage. An attempt to provide minimum wage protection to 580,000
migrants who registered in September 2001 largely failed due to weak
enforcement.
The Government mandates 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, legally may work a maximum of 35
hours per week. The petrochemical industry is excluded from these
regulations.
Working conditions varied widely. The rate of injury from
industrial accidents remained relatively constant over the last 10
years at 4.5 percent of the total work force. The Ministry of Labor
stated that the average annual rate of work-related deaths was 15 per
100,000 workers. These rates applied only to industrial sector workers,
however, and the rate of incidents occurring in the larger informal and
agricultural sectors was thought to be higher by labor and grassroots
groups. Occupational diseases rarely were diagnosed or compensated, and
few doctors or clinics specialized in them. In medium-sized and large
factories, government health and safety standards often were applied,
but enforcement of safety standards was lax. In the large informal
sector, health and safety protections were 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.
The Ministry of Labor and Social Welfare promulgates health and
safety regulations regarding conditions of work. Labor inspectors were
responsible for enforcement of health and safety regulations; the
maximum penalty for violations was 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 were 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.
Courts continued to hear testimony in the case of the 1993 Kader
Toy Factory fire in which 188 persons were killed and 350 persons were
injured.
Migrant workers, particularly those from Burma, faced significant
hardships and physical danger during the year. In February, 17 migrant
workers were killed and found in a stream along the border with Burma.
Authorities believed the crime stemmed from an alien smuggling dispute.
The following month, 13 more workers suffocated in a truck while being
smuggled from the border to agricultural fields near Bangkok. Burmese
labor activists alleged several incidents of Burmese commercial
fishermen employed on Thai vessels who were killed at sea after
disputes with their employers. Child domestic workers were at special
risk of labor abuse (see Section 6.d.).
The Government deported 156,434 illegal workers during the year,
most of them to Burma. NGOs reported that a large number of those
deported returned soon thereafter. An attempt to inaugurate an orderly
repatriation program for illegal Burmese migrants foundered when the
border with Burma was unexpectedly closed between May and October. In
late December, a small group of 20 illegal migrants, the first since
the border closing, was repatriated to a Burmese government reception
center in Myawaddy.
In September 2001, the Government undertook an open registration
campaign directed at the estimated 1 million to 1.5 million illegal
Burmese, Cambodian, and Lao workers already present in the country.
Five hundred eight thousand migrants registered, and were allowed to
remain in the country with specified employers for 1 year. Health care
for the migrants (but not family dependents) was included in an imposed
registration fee. Provisions of the 1998 Labor Protection Act
technically were extended to this group, although lax enforcement meant
that there was little real progress in improving migrant working
conditions. In September the Government extended this program for 1
more year, but only for already registered migrants. The extension
allowed workers to change employers.
f. Trafficking in Persons.--The law prohibits trafficking in women
and children; however, trafficking in persons was a serious problem.
The country was a source, transit, and destination for trafficking in
women and children for a variety of purposes, including indentured
servitude, forced labor, and prostitution (see Section 5). Some local
officials, immigration officers, and police reportedly either were
involved in trafficking directly or took bribes to ignore it. 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 for assistance to victims. There are also antitrafficking
provisions in the 1996 Prostitution Prevention and Suppression Act. The
authorities occasionally used these powers during the year, but the
number of prosecutions remained small compared to the scope of the
problem. A money-laundering law, which became effective in August 1999,
included provisions to enable authorities to confiscate the assets of
persons convicted of trafficking or engaging in the business of
prostitution. In April the law was used for the first time in a major
trafficking case in Chiang Rai. The outcome of the case still was
pending at year's end.
Government and NGO estimates of the number of women and children
engaged in prostitution in the country varied widely. Many NGOs and
government departments reported a figure of 200,000 persons, which was
considered a conservative estimate. This figure included children under
the age of 18 years and foreigners. The number of victims of
trafficking not involved in prostitution and including men, women, and
children was unknown but believed to be substantial.
Within the country, women were trafficked from the impoverished
Northeast and the North to Bangkok for sexual exploitation. Women also
were trafficked internationally to Japan, Taiwan, Australia, Europe,
and the United States, chiefly for sexual exploitation, but also for
sweatshop labor. Men were trafficked into the country for farm,
industrial, and construction labor.
Women and men were trafficked from Burma, Cambodia, the People's
Republic of China (PRC), and Laos into the country for labor and sexual
exploitation. Boys and girls were trafficked chiefly from Burma and
Cambodia primarily for sexual exploitation and to work in begging
gangs. Young children, either orphans or those sold by their families,
were among them. For example, very young Cambodian children were
employed by begging gangs in Bangkok. Occasionally entire families were
trafficked for labor in sweatshops. Underage boys reportedly were
brought into the country for specialized work in which small size was
an advantage. Vietnamese citizens also reportedly were trafficked to
the country in smaller numbers. According to domestic NGOs, girls
between the ages of 12 and 18 years continued to be trafficked from
Burma, southern PRC, and Laos to work in the commercial sex industry.
Persons trafficked from the PRC often were in transit to other
countries, although women and girls from Yunnan Province generally were
destined for brothels in the north. Generally victims from Yunnan
Province were lured into the country with promises of restaurant or
household work and then were pressured or physically forced into
prostitution.
The U.N. Economic and Social Council and NGOs believed that the
lack of citizenship status for some hill tribe women and children was a
strong risk factor for becoming victims of trafficking. Although this
group was not a large percentage of trafficking victims, they were
found in disproportionately large numbers in situations entailing the
worst forms of trafficking.
Impoverished families sent or sold children to traffickers, often a
neighbor, a local official, or some other respected local person. In
May a police lieutenant colonel and a sergeant were arrested and
charged with statutory rape in the case of a 12-year-old girl sold into
prostitution by her mother. At year's end, the policemen had been
suspended from duty and were awaiting trial (see Section 5). The victim
was sent to the Government's main rehabilitation shelter.
Sometimes villagers saw the local traffickers as friends offering a
way out of poverty. Typically, local traffickers fed persons into
larger networks, after which they exercised no further control and
heard no more of them. Traffickers sometimes misrepresented the type of
work and working conditions, and victims subsequently found themselves
forced to remain and work in the border areas. Some women who
contracted for other kinds of work found themselves coerced into the
sex trade. Indentured work, both sex work and other labor, was also a
problem.
Trafficking through the country to onward destinations tended to be
conducted by citizens of the PRC and other international organized
criminals. Trafficking into and within the country generally was
conducted by domestic criminal elements.
There continued to be credible reports that some corrupt police,
military, and government officials were involved directly in
trafficking or taking bribes to ignore it (see Sections 1.c. and 5).
Police personnel were paid poorly, and widely accustomed to taking
bribes to supplement their income.
The majority of prostitutes were not kept under physical
constraint, but a large number worked in debt bondage. Brothel
procurers reportedly advanced parents a substantial sum against their
daughter's future earnings, frequently without the consent of the young
woman involved. The women were obligated to work in a brothel to repay
the loan. In 2000, 21 minors trafficked from Burma and physically
confined and forced to work in a Bangkok factory won back wages in a
court ruling during the year (see Sections 6.e. and 6.d.).
Many Thai women were trafficked to Japan for purposes of sexual
exploitation. Traffickers promised victims lucrative legitimate
employment, or made false promises regarding wages, working conditions,
or the nature of the work. According to Human Rights Watch, upon their
arrival in Japan the traffickers confiscated the victims' passports,
demanded repayment for their ``purchase,'' and charged the victims for
living expenses, care, and fined them for misbehavior. Traffickers
often restricted the women's movements, threatened them and their
families, isolated them, and used violence to punish them for
disobedience.
Because foreign women frequently were unable to speak the language
and were considered illegal immigrants, they particularly were
vulnerable to physical abuse and exploitation. Some women were lured
into the country with promises of jobs as waitresses or domestic
helpers, but ended up working as prostitutes. Illegal immigrants had no
rights to legal counsel or health care if arrested (see Section 2.d.).
The amnesty provisions available under the UNHCR auspices did not apply
to such women. In June 1999, a Memorandum of Understanding (MOU)
between the Government and several domestic NGOs provided for some
detailed police procedures to assist with the problem of trafficked
persons being detained by the authorities. The agreement stated that
the training of police officers would include instructions to treat
such persons as victims of human trafficking rather than as illegal
immigrant workers. Rather than being deported, they become the
responsibility of the Public Welfare Department. However,
implementation of the MOU continued to be erratic during the year, due
to insufficient training of law enforcement officials and their
unfamiliarity with the law.
Illegal immigrants generally were repatriated as soon as possible;
however, in order to implement the new policy of humane treatment for
victims of trafficking, Department of Public Welfare (DOPW) officials
tried to refer underage and foreign women arrested for prostitution to
one of the Government shelter houses. Repatriation was delayed, but not
canceled. Victims were encouraged to seek legal action against the
traffickers, and they were told by DOPW personnel at the shelters that
this was an option. Trafficking victims who provided evidence were
repatriated back to their home countries afterwards. However, in
general, trafficking victims were reluctant to assist in prosecution.
This was due to mistrust of the authorities and fear of the
traffickers, as well as the victim's limitations in education and
language, and a desire to return home rather than to participate in
lengthy criminal proceedings.
NGOs and government agencies continued to provide shelter,
rehabilitation, and reintegration programs for children and women
involved in the sex industry during the year. However, the Government
faced severe budgetary limitations on its ability to fight trafficking
and to aid its victims. Two national committees were directed and
empowered to combat trafficking, and these committees coordinated and
cooperated with NGOs as well. The National Committee on Trafficking in
Women and Children (NCTWC) was concerned primarily with counter
trafficking efforts within the country, while the National Project
Committee on Trafficking in Women and Children in the Mekong Subregion
focused on regional efforts. Local enforcement officers were sometimes
ignorant of new laws and regulations designed to protect victims and
ignorant of the special requirements of antitrafficking work. Also,
police officers did not view antitrafficking as a path to advancement
because their superiors did not emphasize it. Narcotics and serious
crimes were the preferred career concentrations, while the attitude
that trafficking also qualified as a serious crime was only slowly
developing. Another barrier for stricter enforcement was the court
system, which could be cumbersome and time consuming (see Section
1.e.).
__________
TONGA
The Kingdom of 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 consists of the Tonga Defense Services (TDS)
and a police force. The Minister of Defense controls a 430-man TDS
force; the Minister of Police and Prisons directs the police force.
Some members of the police committed human rights abuses.
The country has a population of approximately 105,000 and a per
capita GDP of approximately $2,200. The economy is based primarily on
the cultivation of tropical and semitropical crops. The demand for
imported goods and products has led to a substantial trade deficit.
This deficit was offset largely by remittances from overseas citizens,
foreign aid, and, to a lesser degree, tourism.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained. The
right of citizens to change their government remained severely
restricted, although a relatively small group of commoners vocally
challenged the Constitution to argue for a more representative and
accountable government. At times the authorities infringed on freedom
of speech and of the press. Some women suffered from domestic violence;
women also faced discrimination and very limited employment and
economic opportunities. In practice, the right to form labor unions was
restricted by the lack of implementing regulations.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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; however, there were some abuses by
police.
Prison conditions were Spartan but reflected local living
standards. There were separate facilities for pretrial detainees and
convicted prisoners, men and women, and adults and juveniles. Church
representatives and family members were permitted to visit prisoners.
No nongovernmental organizations (NGOs) attempted to monitor prison
conditions, and the permissibility of such visits has not arisen.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The Constitution provides for the right to
judicial determination of the legality of arrest, and this was observed
in practice. There are no statutory limits on the length of time a
suspect may be held prior to being charged. There were no reports of
preventative detention or other lengthy pretrial detention. The law
permitted unlimited access by counsel and family members to detained
persons.
The Constitution and law do not prohibit forced exile, but the
Government did not employ it in practice. The last case of forced exile
was in 1886.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The judiciary generally provided citizens with a
fair and efficient judicial process. The judiciary, whose top judges
historically have been foreign nationals, was independent of the King
and the executive branch. Judges held office ``during good behavior''
and otherwise could not be dismissed during their terms.
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.
The Court of Appeals 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 generally respected this in practice. A court may not summon
anyone without providing the person with a written indictment stating
the charges. Defendants are presumed innocent, are entitled to counsel,
have a right of appeal, and are entitled to bail; lawyers have free
access to defendants.
In past years, the police, in cooperation with government
prosecutors, allegedly used repeated postponement of court dates and
the filing of frivolous charges to intimidate government critics. In
one case, a human rights activist was scheduled to appear in court in
March 2001 as a witness to a theft. He wrote a letter to a newspaper
criticizing the Police Ministry and was subsequently charged with
abetting theft (see Section 2.a.). His hearing was postponed several
times, and he was prevented from traveling out of the country until
December 2001, when a magistrate permitted him to visit family members
living outside the country. In February the case against the activist
was closed.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions 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; however, at times the authorities
infringed on these rights. In June police confiscated tape recordings
of the ``Niuvakai'' television program, alleging that it was overly
critical of the Government. Government-owned Tonga Television
subsequently refused to broadcast further Niuvaki programs.
There were eight newspapers and newsmagazines in print: Three
weeklies (one of which was government owned); three monthlies; one
bimonthly; and one quarterly. There were two privately owned television
stations and one government-owned station. The Government-owned radio
station broadcasts on both AM and FM frequencies. There were three
privately owned radio stations.
While there was little editorializing in the Government-owned
media, opposition opinion appeared regularly in the form of letters to
the editor along with government statements and letters. The national
media, from time to time, carried comments critical of government
practices and policies, including some made by prominent citizens. The
law allows government officials to bring defamation suits, as well as
suits by officials and other individuals against media outlets that
publish allegedly defamatory remarks. This may have had the practical
effect of limiting freedom of speech. During the year, government
officials filed several defamation suits against the media. At year's
end, the Ministry of Police had appealed the decision in a wrongful
imprisonment suit filed by a newspaper editor detained after publishing
a political item. In another case during the year, authorities dropped
charges of sedition and dealing with a forged document filed against a
newspaper editor and a reporter who had published a letter with
allegations against the King. However, these charges were still pending
against an M.P. and his staff member allegedly involved in the incident
(see Section 3).
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for the freedoms of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Tonga Broadcasting Commission (TBC) policy guidelines regarding
the broadcast of religious programming on Radio Tonga stated that those
who preach on Radio Tonga must confine their preaching ``within the
limits of the mainstream Christian tradition.'' This policy applied to
all religions. The TBC did not allow members of the Baha'i Faith to
discuss the tenets of their religion, or to refer to the founder,
Baha'ullah, by name. Similarly, the TBC did not allow the Church of
Jesus Christ of Latter Day Saints to discuss its founder, Joseph Smith,
or the Book of Mormon by name. Mormons and members of other faiths
utilized Radio Tonga for the announcement of church activities and
functions. Members of the Baha'i Faith utilized a privately owned radio
station for program activities and the announcement of functions. A
government-owned newspaper occasionally carried news articles about
Baha'i activities or events, as well as those of other faiths.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice. Citizens are free
to travel at will within the country and abroad. However, in March
2001, a government critic was prevented from traveling abroad by the
repeated postponement of the court case in which he was involved (see
Section 1.e.). In December 2001, following special representations to a
magistrate, he was permitted to visit relatives residing outside the
country.
The Government is not a signatory to the 1951 Convention Relating
to the Status of Refugees or its 1967 protocol. No person was known to
have applied for refugee status, and the Government has not formulated
a formal 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
Citizens do not have the ability to change their leaders or the
system of government. The King and 33 hereditary nobles dominated
political life. They asserted 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 at times permitted the legislative system to
operate 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. The
Cabinet is made up of nine ministers and two governors; it included
both nobles and commoners, who served at the King's pleasure.
The unicameral Legislative Assembly consists of the Cabinet, nine
nobles elected by their peers, and nine representatives elected by the
general population. The King appoints the Speaker from among the
representatives of the nobles. Cabinet members and nobles usually voted
as a bloc. In September a proposal for political reform was submitted
by the Tonga Human Rights and Democracy Movement (THRDM) to the
Legislative Assembly. The proposal advocated the creation of a
bicameral assembly, with the nine noble members moved to an upper
house. The lower ``House of Commoners'' would consist of 21 popularly
elected members. At year's end, Parliament had not yet addressed the
proposal. In 2000 the King appointed his son, Prince Ulukalala Lavaka
Ata, as Prime Minister. As Prime Minister, the Prince also held five
other ministerial portfolios, including those of defense and foreign
affairs.
Elections held in March resulted in a strong showing for
prodemocracy candidates on the main island of Tongatapu. Shortly before
the elections, a royalist political group, ``Kotoa'' (``Together'')
emerged as a serious movement. Kotoa received the support of the King's
eldest daughter, Princess Pilolevu.
In June the Government publicly launched an economic and public
sector reform program led by a Cabinet Reform Committee and composed of
five teams, including a team dealing with private sector reform that
included members of the Chamber of Commerce. Otherwise, there was no
opportunity for participation by civil society. Very few citizens
challenged the retention of the monarchy; the King was greatly
respected. However, in recent years, a number of persons both inside
and outside the establishment have called for democratic change,
usually emphasizing the importance of more government accountability.
A prodemocracy movement continued during the year, although it
lacked formal structure due to differences of views among its leaders.
All nine representatives of the general population advocated various
degrees of democratic reform. Proposals for constitutional revision
tended to center on the popular election of all parliamentarians, with
the parliamentarians selecting their speaker. In January 2001, the
Prime Minister announced that the King had directed the formation of
three Cabinet committees to examine the core governmental functions
under the Constitution and the law, to examine the Government's other
functions, and to review the structure of the civil service. No public
input was solicited, and the results of the review (which were to have
been completed in March 2001) had not been announced by year's end.
In February the police raided the offices of THRDM, briefly
detained three staff members, and impounded a computer hard drive. The
police detained another staff member for several days in connection
with an allegedly forged letter regarding the King's personal wealth.
Three members of THRDM faced trial on forgery charges at year's end,
including leading figure Akilisi' Pohiva. Pohiva was not imprisoned and
was allowed to travel abroad. Other members of THRDM, including lead
staffer Lopeti Senituli, admitted the letter was indeed a forgery.
No woman has ever served as a government minister. 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 legal barriers to the formation of domestic human
rights NGOs. Some domestic NGOs dealt with human rights issues, but
none undertook investigations of alleged violations. There were no
restrictions on operations by international human rights groups, and no
known requests for investigations during the year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Social, cultural, and economic facilities were available to all
citizens regardless of race or religion, but members of the hereditary
nobility had substantial advantages, including control over most land
and a generally privileged status. It was possible for ordinary
citizens to rise to cabinet positions in government and to accumulate
great wealth and status in the private sector.
Women.--Societal violence against women seldom was publicized, but
it was a growing problem. Incidents of wife beating were generally
addressed in traditional ways within families or by village elders.
Such abuse seldom was reported to the police. Domestic violence could
be prosecuted under laws against physical assault. Abused wives
sometimes returned to their families if mediation failed. There were
shelters for abused and troubled women, most church affiliated, and the
Free Wesleyan Church ran a hot line for women in trouble.
Rape is punishable by imprisonment for a term of up to 15 years.
However, the law does not recognize spousal rape and specifically
states that carnal intercourse by a man and his wife shall not under
any circumstance be deemed rape.
Prostitution per se is not illegal, but activities such as
soliciting in a public place, pimping, operating a brothel, and trading
in women are criminal offenses. Prostitution was reportedly increasing.
Sexual harassment as such is not a crime, but physical sexual assault
could be prosecuted as indecent assault.
Women held several prestigious posts in government, including
Secretary to Cabinet in the Prime Minister's Office and Secretary of
Foreign Affairs. Women also headed the Office of Crown Law and the
Government Central Planning Office. The majority of commissioned
officers in the Ministry of Police were women. For a woman to rise to a
position of leadership, she usually needed the support of the nobility.
The King's mother reigned for many years, and a royal princess was one
of the country's most prominent businesspersons. Some female commoners
held senior leadership positions in business.
Inheritance laws, especially those dealing with land, discriminated
against women. Women could lease but not own land. Under the
inheritance laws, the claim to a father's estate by a male child born
out of wedlock took precedence over the claim of the deceased's widow
or daughter.
The Women and Development Center (formerly the Women's Affairs
Unit) in the Prime Minister's office was established in 1993. Although
some NGOs initially viewed this unit with suspicion, it appeared to be
functioning cooperatively with them. Its objectives included the
promotion of full and equal participation of men, women, and children
in economic, social, and cultural development, and the enhancement of
women's economic status and role in the national economy. However, many
young, educated women still considered the unit ineffective. A
government-sponsored National Council of Women conducted training
workshops, especially in rural areas, and contributed to women's social
and economic needs.
The Center for Women and Children, an NGO under the auspices of the
Catholic Church, focused on domestic abuse and improving the economic
and social conditions of women and offered counseling for women in
crisis.
Children.--The Government was committed to children's human rights
and welfare and provided commensurate funding for children's welfare
given available resources. Education was compulsory from ages 6 to 14.
Although it was sometimes criticized as being of poor quality,
education was available for all children through Form 6 (high school).
Almost all children attended school.
The Government provided free basic medical care to children. Child
abuse was rare and the extended family generally participated in child
rearing.
Persons with Disabilities.--There are no mandated provisions for
accessibility to buildings and services for persons with disabilities.
There were no reported complaints of discrimination in employment,
education, or provision of other government services. The education of
children with special needs has been a longstanding priority of the
Queen.
National/Racial/Ethnic Minorities.--Early in the year, the Tonga
Department of Immigration created a list of occupations that would be
available only to citizens. Individuals currently on work visas in
those professions would not have their permits renewed, and would be
given a year to depart the country. The list focused on professions
currently dominated by Chinese, particularly retailing. New legislation
granting permanent resident status to foreign nationals under strict
English-language, economic, and residency criteria would effectively
exclude many ethnic Chinese immigrants.
In June, storeowners in the Vava'u group of islands submitted a
petition to the legislature requesting a ban on Chinese nationals
operating stores on the islands. There had been no response from
Parliament at year's end.
Section 6. Worker Rights
a. The Right of Association.--Workers gained the right to form
unions under the 1963 Trade Union Act, but regulations on the formation
of unions were never promulgated, and there were no unions. The
Friendly Islands Teachers Association and the Tonga Nurses Association
were incorporated under the Incorporated Societies Act. However, they
had no formal bargaining rights under that act.
The 1963 Act provides workers with the right to strike; however,
implementing regulations never have been formulated. There were no
strikes during the year.
b. The Right to Organize and Bargain Collectively.--Since there
were no unions, collective bargaining was not practiced.
Labor laws and regulations were enforced in all sectors of the
economy, including in the two small export zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Although there is no legislation prohibiting child labor,
it did not exist in the wage economy.
The country was not a member of the International Labor
Organization (ILO) and has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--There is no minimum wage law,
although there were government guidelines for wage levels. Labor laws
and regulations, enforced by the Ministry of Labor, Commerce, and
Industries, limited the workweek to 40 hours. The Ministry of Labor
enforced laws and regulations reasonably well in the wage sector of the
economy, particularly on the main island of Tongatapu. Enforcement in
the agricultural sector and on the outer islands was limited.
Industrial accidents were rare, since few industries exist that
would expose workers to significant danger; thus, the Government seldom
addressed industrial safety standards, including the right of workers
to remove themselves from dangerous work situations.
f. Trafficking in Persons.--While the law does not specifically
address trafficking in persons, violators could be prosecuted under
antislavery statutes. There were no reports that persons were
trafficked to, from, or within the country.
----------
TUVALU
Tuvalu is a parliamentary democracy. The Head of State is Queen
Elizabeth II, represented by the Governor General, who must be a
citizen of Tuvalu. In July citizens elected a 15-member unicameral
Parliament in free and fair elections. A Constitutional Review
Committee report presented to Parliament in 2001 called for a
referendum on whether to maintain the country's current status or
establish a republic; however, the referendum had not taken place at
year's end. The judiciary is independent.
A 70-member police constabulary, the only security force, is
responsible to and effectively controlled by civilian authority.
The country has a population of approximately 10,000 persons on 9
atolls in the central South Pacific Ocean. The primarily subsistence
economy relied mainly on coconuts, taro, and fishing. Remittances from
citizens working abroad, the sale of postage stamps, and the sale of
fishing licenses to foreign vessels provided additional foreign
exchange. The country's isolation limited opportunities for economic
development.
The Government generally respected the human rights of its
citizens. However, traditional customs and social behaviors considered
as important as the law led to some social discrimination. Women
traditionally occupy a subordinate role, with limits on their job
opportunities. Tuvalu was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them. Local hereditary
elders exercised considerable traditional authority, including the
right to inflict corporal punishment for infringing customary rules,
which can be at odds with the national law. However, such corporal
punishment was seldom invoked.
The country has one minimum-security prison facility, located near
the airport and segregated by sex. Adults are held at this facility,
and children are remanded to their family's custody. The men's section
can accommodate 35 inmates, the women's section 20. During the year,
the number of prisoners was far below the maximum capacity; there were
no female prisoners at year's end. There was also a single holding cell
at the police station for detentions of less than 24 hours. Pretrial
detainees were usually released on their own recognizance. Pretrial
detainees charged with a serious crime, such as homicide, could be held
in the prison; in practice, this has not occurred.
Detentions longer than a week were rare; more commonly, a person
was jailed overnight on charges of inebriation. While prison conditions
were somewhat Spartan, complaints were minimal or nonexistent. Prison
conditions generally met international standards.
The question of prison visits by human rights groups did not arise.
Visits by church groups and family members were permitted.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest, detention, or forced exile, and the
Government generally observed these prohibitions.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
There is a two-tier judicial system. Higher courts include the
Privy Council, the Court of Appeal, and the High Court. Lower courts
consist of senior and resident magistrates, the island courts, and the
land courts. The Chief Justice, who is also Chief Justice of Tonga,
sits on the High Court approximately once a year.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. The Constitution
provides that the accused must be informed of the nature of the offense
with which they are charged and 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. The services of an
independent People's Lawyer (public defender) are paid by the
Government and 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 actions, and the
Government generally respected these prohibitions in practice.
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
respected 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.
In 2001 the country's sole radio station, formerly controlled by
the Government, was sold to a private owner. The Government exerted no
overt control over content during the year, but did voice objections to
some comments made on the station. The sole television station, which
was government owned and operated and broadcast from the capital only 3
hours a week, went off the air in 2001 for financial reasons and has
not resumed broadcasts. Videotapes circulated freely and were widely
available; however, pornography in all forms is illegal.
The Office of the Prime Minister and the Department of
Telecommunications in the Ministry of Works manage Internet services.
There were no government restrictions on Internet access.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The Government cooperated with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees. No
person has applied for refugee status, and the issue of the provision
of first asylum has never arisen. The Government has not formulated a
policy regarding refugees, asylees, or first asylum. 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. Citizens freely and directly elect a 15-member
unicameral Parliament whose normal term is 4 years. Each of the
country'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 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.
Elections held on July 25 were free and fair. Of the 15 members
elected to Parliament, 6 were serving their first term. In August the
new Parliament elected Saufatu Sopoanga, a former civil servant, as
Prime Minister. He replaced Koloa Talake, who had replaced Faimalaga
Luka after the latter received a vote of no confidence in 2001. There
are no formal political parties.
Participation by women in government and politics was limited,
largely due to cultural traditions. There were no female Members of
Parliament or Cabinet Ministers.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
While no known barriers block their establishment, there are no
local nongovernmental organizations (NGOs) concerned solely with human
rights. Some political and human rights advocates operated under the
aegis of the Tuvalu Association of Nongovernmental Organizations
(TANGO), which was composed primarily of religious organizations. The
People's Lawyer, who served as a public defender, also monitored
sentencing, equality before the law, and human rights issues in
general. This institution was supported by the Government, which
frequently sought its advice. At times, it has been critical of the
Government; however, there have been no allegations of human rights
violations by the Government and no known requests for investigations.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race,
creed, sex, or national origin, and the Government observed these
prohibitions. However, a scarcity of wage-paying jobs and the
traditional culture has limited women's job opportunities.
Women.--Violence against women was rare. Domestic violence was
relatively infrequent and has not become a source of societal concern.
Rape is a crime punishable by a minimum sentence of 5 years
imprisonment; however, spousal rape is not included in the legal
definition of this offense. The People's Lawyer sought to broaden
public knowledge of women's rights, particularly in regard to spousal
rape and domestic abuse.
Prostitution and sex tourism are illegal; legislation in 2000
abolished phone sex companies, which had used the country's
international telephone dialing prefix. While there are no laws
prohibiting sexual harassment, the Penal Code provides specific
recourse against indecent behavior, which requires lewd touching. There
were some cases of indecent behavior during the year.
Women increasingly held positions in the health and education
sectors and also were more active politically. In an economy with few
wage-paying jobs, women held the clear majority of clerical and retail
positions. In 2000 the Government established a women's department in
the Ministry of Internal Affairs to recognize officially the importance
of women in society; however, it took no significant action during the
year.
Children.--The Government provided commensurate funding for
children's welfare within the context of its total available resources.
Education was compulsory for children through age 13. Students competed
for academic scholarships to attend universities overseas or
participated in vocational training focusing on subsistence farming and
maritime training for men and computer or other business training for
women. During the year, an NGO human rights advocate convinced Vaiputu
secondary students to end a protest against a teacher perceived as too
strict. The teacher retained her job.
The Government provided free medical care for children through age
18.
There were no reports of child abuse.
Persons with Disabilities.--There were no known reports of
discrimination against persons with disabilities in employment,
education, or in the provision of other state services. There are no
mandated accessibility provisions for persons with disabilities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of association. Workers were free to organize unions and choose
their own labor representatives, but most of the population lacked
permanent employment and was engaged in subsistence activity.
Public sector employees such as civil servants, teachers, and
nurses, who total fewer than 1,000 employees, are members of
professional associations that do not have union status. The only
registered trade union, the Tuvalu Seamen's Union, has approximately
600 members who work on foreign merchant vessels. Unions may affiliate
with international bodies, and the Seamen's Union is a member of the
International Transportation Workers' Federation.
The country is not a member of the International Labor
Organization.
b. The Right to Organize and Bargain Collectively.--The law
provides for conciliation, arbitration, and settlement procedures in
cases of labor disputes. Although there are provisions for collective
bargaining, in practice, private sector employers set wages. Both
private and public sectors generally used nonconfrontational
deliberations in a local multipurpose meeting hall to resolve labor
disputes rather than legal procedures.
The law provides for the right to strike, but no strike has ever
taken place.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including forced or bonded labor by children, and
there were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits children under the age of 14 from
working. 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 were rarely employed
outside the traditional economy of subsistence farming and fishing.
e. Acceptable Conditions of Work.--The minimum wage, set
administratively by the Government, was sufficient to allow a worker
and family in the wage economy to maintain a decent standard of living.
The biweekly minimum wage in the public (government) sector was $75.66
($A130), regardless of sex and age. In most cases, the private sector
adopted the same minimum wage rate.
The Labor Office may specify the days and hours of work for workers
in various industries. By law, the workday 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. The Ministry of Labor, Works, and Communications is
responsible for the enforcement of these regulations, but in practice,
it provided only minimum enforcement.
Workers can remove themselves from work situations that endanger
health or safety without jeopardy to their jobs; the law also protects
legal foreign workers.
f. Trafficking in Persons.--The law prohibits procurement of
persons within and across borders for purposes of prostitution, but it
does not mention or prohibit trafficking specifically. However, there
were no reports that persons were trafficked to, from, or within the
country.
__________
VANUATU
Vanuatu, a small South Pacific island nation that gained
independence from Britain and France in 1980, has a parliamentary form
of government. The Constitution provides for parliamentary elections
based on universal suffrage every 4 years, through which citizens may
freely change their government. The 52-member Parliament elects the
Prime Minister as the Head of the Government and the President, who is
the Head of State. The latter's powers are largely ceremonial, except
when appointing judges or acting on the advice of the Council of
Ministers, who are appointed by the Prime Minister. Political
legitimacy is based on majority rule. Parliamentary majorities have
been unstable. The judiciary is generally independent of executive
interference.
The civilian authorities generally control the small police force
and its paramilitary wing, the Vanuatu Mobile Force (VMF); however,
police officials have on occasion acted peremptorily. The Police
Commissioner commands the entire force, including the VMF.
Subsistence farming and fishing were the principal livelihoods for
more than 80 percent of a population of approximately 200,000. There
was also cattle farming and some production of cash crops such as copra
and cocoa. The service sector represented the largest component of the
country's gross domestic product (GDP) and provided most formal
employment, primarily in government, tourism, and an offshore financial
sector. Per capita GDP was estimated at $1,300, an amount some academic
observers believe has not increased since independence.
The Government generally respected the human rights of its
citizens; however, there were problems in a few areas, including poor
prison conditions, arrests without warrants, an extremely slow judicial
process, and violence and discrimination against women. Vanuatu was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Constitutional provisions prohibit such practices, and
there were no reports that government officials employed them.
Prison conditions were poor. Approximately 30 prisoners were held
in the dilapidated central prison in Port Vila; security at this
facility was poor. The sole female prisoner was held at the barracks
for female police officers.
Inmates were treated humanely to the extent allowed, given the
meager resources of the prison system. The Government permitted prison
visits by independent human rights observers.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
respected these provisions in practice. 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. A system of bail
operates effectively and lengthy pretrial detention was not generally a
problem. A warrant issued by the court is required for an arrest;
however, there were some arrests without warrants during the year.
On August 4, 15 senior government officials--including the Police
Commissioner and the Attorney General--were arrested without a warrant
on charges of seditious conspiracy in connection with the appointment
of a new Police Commissioner. They were released that same day. The
Chief Justice of the Supreme Court subsequently ruled that the
appointment procedure had been unfair and that recruitment should
recommence. The Prime Minister condemned the police action as illegal,
and courts issued arrest warrants for the Deputy Police Commissioner,
who had ordered the arrests, as well as 26 other police officers, on
charges of mutiny. The Deputy and three other senior police officers
were convicted of mutiny. In 2001 the Government deported a leading
newspaper publisher without notice; however, the Supreme Court
overturned the deportation (see Section 2.a.).
The Constitution does not prohibit forced exile, but the Government
did not employ the practice.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. Judges cannot be removed without cause. There
were no reports of interference with the judiciary by this government.
The judiciary generally provided citizens with a fair judicial process.
However, the judiciary was relatively weak and inefficient, and some
defendants spent extended periods in pretrial detention as a result.
Magistrates' courts deal with most routine legal matters. There is
a Supreme Court; however, an Appeals Court is the highest national
court. This Appeals Court has three judges, two appointed by the
President and one chosen from among the Supreme Court judges of other
South Pacific nations.
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 a higher court.
Judges, prosecutors, and the police complained about large case
backlogs due to a lack of resources and limited numbers of qualified
judges and prosecutors. Years can pass before a case is brought to
trial. Procedures were changed during 2000 to allow the Public
Prosecutor more frequent presentation of new cases to the magistrates;
however, this procedural change did not significantly expedite judicial
processing.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution (or the law) prohibits such actions,
and the Government generally respects these prohibitions 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 generally
respected these rights in practice.
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 that broadcasts only to the capital of Port
Vila. The television station provided English and French news service
three times weekly. There was one independent newspaper published
semiweekly, a privately owned weekly newspaper, and another weekly
newspaper published by a political party.
During the year, most international correspondents, government-
owned media, and the independent press reported criticisms of political
leaders freely and apparently without hindrance. However, in January
2001 the Government ordered the deportation of a leading newspaper
publisher, Mark Neil-Jones of the Trading Post, charging that he had
revealed state secrets in his political coverage of government
corruption. The Ombudsman and the leader of the opposition criticized
the deportation, which was overturned by the Acting Chief Justice a
week after Neil-Jones departed. The Acting Chief Justice ordered the
Government to allow the publisher to return and resume his work, and he
has done so. At times some individual politicians and their supporters
have threatened the media, but with no apparent effect on press
freedom.
The Government did not limit access to the Internet; however, few
citizens could afford computers or access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Missionaries of various Christian denominations worked without
restriction. The Government provided some financial help for the
construction of churches for Vanuatu Christian Council members,
provided grants to church-operated schools, and paid teachers' salaries
at church-operated schools in existence since the country's
independence in 1980. These benefits were not available to non-
Christian religious organizations. Government schools also scheduled
time each week for religious education conducted by representatives of
Council churches. Students whose parents did not wish them to attend
the class were excused. However, non-Christian religions were not
permitted to give religious instruction in the public schools.
In 1995 in response to concerns expressed by some established
churches regarding the activities of new missionary groups, such as the
Holiness Fellowship, Jehovah's Witnesses, and the Church of Jesus
Christ of Latter-Day Saints, Parliament passed a Religious Bodies Act
that required religious organizations to register with the Government.
However, the President never signed the act, and it has never been
enforced. While there has been no effort to repeal the act, it was not
regarded as inhibiting religious practice. A few churches registered
with the Government voluntarily, and a few church representatives
believe that that the Religious Bodies Act had a chilling effect on new
missionary activity.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The Government has not formulated a policy regarding refugees,
asylees, or first asylum. The issue of the provision of first asylum
has never arisen. There were no refugee cases reported during the year.
The Government has no association with the U.N. High Commissioner for
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 for parliamentary elections based on
universal suffrage every 4 years, through which citizens may freely
change their government. The 52-member Parliament elects the Prime
Minister as the Head of government and the President, who is the Head
of State. The President's powers are largely ceremonial except when
appointing judges and acting on the advice of the Council of Ministers.
Parliamentary majorities have been unstable, with frequent votes of
confidence. National elections held in April were considered generally
free and fair. A total of 256 candidates contested the 52 seats. Voter
turnout was 63.5 percent. Incumbent Prime Minister Edward Natapei of
the Vanua'aku Party assembled a coalition parliamentary majority and
formed the Government.
Traditional attitudes regarding male dominance and customary
familial roles hampered women's participation in economic and political
life. There were no women in the previous Parliament; however, voters
elected two women in the last general elections.
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. Some nongovernmental organizations (NGOs), such as the
National Council of Women and the Family Health Association, included
human rights education as part of their programs.
A number of domestic and international human rights groups, such as
Transparency International, operated without government restriction;
they investigated and published their findings on human rights cases.
Government officials tolerated their views.
In 1998 Parliament passed an Ombudsman's Act in the wake of
parliamentary anger over the previous Ombudsman's vigorous
investigations of official corruption. Among other provisions, the new
act required that the Public Service Commission, not the Ombudsman,
appoint members of the Ombudsman's staff and authorized the presence of
legal counsel during interviews with the Ombudsman.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of race,
place of origin, religious or traditional beliefs, political opinions,
language, or sex; however, women remained victims of discrimination in
the tradition-based society.
Women.--Violence against women, particularly wife beating, was
common, although no accurate statistics exist. There are no specific
laws against wife beating; courts occasionally prosecuted offenders
using common law assault as a basis for prosecution. However, most
cases of violence against women, including rape, went unreported
because women, particularly in rural areas, were ignorant of their
rights or feared further abuse. Spousal rape is not a crime, and police
were frequently reluctant to intervene in what were considered domestic
matters. There were no government programs to address domestic
violence, and media attention to the abuse was limited.
Prostitution is illegal, and was not regarded as a serious problem.
Although there is no law against sex tourism, none has been reported.
Sexual harassment is not illegal, and was a problem. However, it was
not a priority for the police and judiciary.
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 2000, a
disproportionate number of women's positions were abolished during
downsizing of the public service sector. During 2000, as part of the
Government's reform program, policies were drafted to guide the
Department of Home Affairs in protecting and furthering the rights of
women; however, these have not been implemented.
The majority of women entered into marriage through ``bride-price
payment,'' a practice that has encouraged men to view women as
property. Women also were barred by tradition from land ownership, and
at least one women's advocate believed this restriction reinforced
their secondary status. Many female leaders viewed village chiefs as
major obstacles to social, political, and economic rights for women.
Women interested in running for public office received encouragement
and help from the NGO Vanuatu Women in Politics.
Children.--Access to education was limited, and school attendance
was not compulsory. Few children advanced beyond elementary school.
Boys tended to receive more education than girls. A significant portion
of the population, perhaps as high as 50 percent, was functionally
illiterate.
Medical services were free, and there was a program of
immunization; however, the Government had few resources for medical
care, particularly in outlying provinces where there were no hospitals.
Child abuse was not extensive; however, the Government did little
to combat the problem. NGOs and law enforcement agencies reported
increased complaints of incest and rape of children in recent years but
no statistics were available.
Children generally were protected within the traditional extended
family system. Members of the extended family, particularly paternal
uncles, played an active role in a child's development. As a result,
virtually no children were homeless or abandoned.
Persons with Disabilities.--There was no governmental or national
policy on persons with disabilities and no legislation mandating access
to buildings for them. Their protection and care is left to the
traditional extended family and to voluntary NGOs. Due to high rates of
unemployment, there were few jobs available for persons with
disabilities.
Persons with mental illness generally did not receive specialized
care; they usually were attended by members of their extended families.
National/Racial/Ethnic Minorities.--Most of the population is made
up of Melanesians. Small minorities of Chinese, Fijians, Vietnamese,
Tongans, and Europeans generally were concentrated in two towns and on
a few plantations. Most of the land belongs to indigenous tribes and
cannot be sold, although it is sometimes leased to others. However,
within the limits of this system of land tenure, there were no reports
of discrimination against noncitizens. There was no evidence of ethnic
discrimination in the provision of the limited basic services that the
Government provided.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to organize and join unions. There are no restrictions on this
right.
Approximately 25,000 persons participated in the formal economy as
wage earners. Combined union membership in the private and public
sectors was approximately 1,000. All five existing trade unions are
independent of the Government. They are grouped under an umbrella
organization, the Vanuatu Council of Trade Unions (VCTU). There were no
categories of workers who were not permitted to join unions.
The high percentage of the population still engaged in subsistence
agriculture and fishing precluded extensive union activity. 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 three-member arbitration board
appointed by the Minister of Home Affairs. The board consists of one
representative from organized labor, one from management, and the
senior magistrate of the Magistrate's Court. While a dispute is before
the board, labor may not strike and management may not dismiss union
employees. However, unions and management generally reached agreement
on wages without referring the matter to arbitration. Complaints of
antiunion discrimination are referred to the Commissioner of Labor;
however, none were reported during the year. While the law does not
require union recognition, it prohibits antiunion discrimination once a
union is recognized.
Membership in the Vanuatu Public Servants Union fell dramatically
following the Government's dismissal of hundreds of full-time public
servants during a protracted general strike in 1994.
The law prohibits retaliation 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. Unions are required
by law to give 30 days' notice of intent to strike and to provide a
list of the names of potential strikers.
There was no significant strike activity during the year.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
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 assisted their parents. The employment of children from 12 to
18 years of age was restricted by occupational category and conditions
of labor, including employment in the shipping industry and nighttime
employment. The Labor Department effectively enforced these laws.
The country has not ratified ILO Convention 182 on the worst abuses
of child labor.
e. Acceptable Conditions of Work.--A legislated minimum wage was
enforced effectively 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 did not provide a decent standard
of living for an urban worker and family. However, most families were
not dependent solely on wages for their livelihood, supplementing
incomes through subsistence farming.
Various laws regulated benefits such as sick leave, annual
vacations, and other conditions of employment, such as a 44-hour
maximum workweek that included at least one 24-hour rest period. The
Employment Act, enforced by the Labor Department, includes provisions
for safety standards. However, the safety and health law was inadequate
to protect workers engaged in logging, agriculture, construction, and
manufacturing, and the single inspector attached to the Labor
Department could not fully enforce the law. Workers had the right to
remove themselves from dangerous work situations without jeopardy to
their continued employment.
There were few foreign workers. Those present in the country were
primarily managers, professionals, and entrepreneurs.
f. Trafficking in Persons.--The Constitution and the law do not
specifically prohibit trafficking in persons; however, there were no
reports that persons were trafficked to, from, or within the country.
__________
VIETNAM
Vietnam is a one-party state, ruled and controlled by the
Vietnamese Communist Party (CPV). The CPV's constitutionally mandated
leading role and the occupancy of all senior government positions by
party members ensured the primacy of party Politburo guidelines and
enabled the Party to set the broad parameters of national policy. In
recent years, the Party gradually reduced its formal involvement in
government operations and allowed the Government to exercise
significant discretion in implementing policy. The National Assembly
remained subject to party direction; however, the Government continued
to strengthen the capacity of the 498-member National Assembly and to
reform the bureaucracy. The National Assembly, chosen in May elections,
in which most candidates were approved by the Party (approximately 90
percent of delegates were 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 active in revising legislation, criticizing officials' performance,
and screening ministerial and other senior candidate appointments. The
judiciary remained subservient to the CPV and to external pressure and
government influence.
The military services, including the border defense force, were
responsible for defense against external threats. The military forces
assumed a less prominent role as the ultimate guarantor of internal
security, which primarily was the responsibility of the Ministry of
Public Security (MPS). However, in some remote areas, the military
forces were the primary government agency, providing infrastructure and
all public safety functions, including maintaining public order in the
event of civil unrest. Since 2001 the military has played a large role
in the Central Highlands by enforcing restrictions on gatherings, by
detaining individuals, and by enforcing travel restrictions. The MPS
controlled the police, a special national security investigative
agency, and other units that maintained internal security. The MPS
enforced laws and regulations that significantly restricted individual
liberties and violated other human rights. It also maintained 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 most citizens' daily
lives. Members of the public security forces committed numerous human
rights abuses.
The country of approximately 80 million persons is undergoing
transition from a wholly centrally planned economy to a ``socialist-
oriented market economy.'' The GDP growth for 2001 was 4.8 percent. In
2001 inflation increased primarily due to an increase in food prices,
approximately 2.9 percent. Agriculture, forestry, and fishery employed
62.5 percent of the labor force, and accounted for 23.6 percent of
total output. Industry and construction contributed 37.8 percent, while
services accounted for 38.6 percent. During the year, official
development assistance was over $1.5 billion, roughly 5 percent of GDP.
Overall poverty levels decreased significantly; approximately 37
percent of the population live below the poverty line although only 15
percent live below the food poverty line. Particularly in Ho Chi Minh
City (HCMC) and Hanoi, economic reforms have raised the standard of
living and reduced party and government control over, and intrusion
into, citizens' daily lives. However, many citizens in isolated rural
areas, especially members of ethnic minorities in the northern uplands,
Central Highlands, and the central coastal regions continued to live in
extreme poverty. There was a growing income/development gap between
urban and rural areas and within urban areas. Employment opportunities
were lacking; 25 million persons were underemployed or unemployed.
The Government's human rights record remained poor, and it
continued to commit serious abuses. Police sometimes beat suspects
during arrests, detention, and interrogation. Several sources also
reported that security forces detained, beat, and were responsible for
the disappearances of numerous persons during the year. Incidents of
arbitrary detention of citizens, including detention for peaceful
expression of political and religious views, continued. Prison
conditions remained harsh, particularly in some isolated provinces, and
some persons died as a result of mistreatment in custody. Prisons
reportedly required inmates to work for little compensation and no
wages. The judiciary was not independent, and the Government denied
some citizens the right to fair and expeditious trials. The Government
continued to hold a number of political prisoners. Although the
Government amnestied over 9,500 prisoners during the year, it was
unknown whether any political or religious prisoners were among them.
The Government restricted citizens' privacy rights, although the trend
toward reduced government interference in the daily lives of most
citizens continued. The Government significantly restricted freedom of
speech, the freedom of the press, freedom of assembly, and freedom of
association. The Government continued its longstanding policy of not
tolerating most types of public dissent and stepped up efforts to
control dissent on the Internet. Security forces continued to enforce
unusually strict restrictions on public gatherings and travel in some
parts of the country. Unusual restrictions on public gatherings and
travel primarily pertained to the Central Highlands and the Northwest
Highlands.
The Government allowed elected officials and ordinary citizens in
approved forums somewhat greater freedom of expression and freedom of
assembly to express grievances. The Government prohibited independent
political, labor, and social organizations; such organizations existed
only under government control. The Government restricted freedom of
religion and operation of religious organizations other than those
approved by the State. Some Buddhists, Hoa Hao, and Protestants, in
particular, faced harassment by authorities. The Government imposed
some limits on freedom of movement of particular individuals whom it
deemed threatening to its rule. Access to the Central Highlands by
foreign observers improved from 2001, but travel to and within the area
remained more restricted than most other parts of the country. The
Government continued to restrict significantly civil liberties on
grounds of national security and societal stability. Although the CPV
continued its efforts to strengthen the mechanism for citizens to
petition the Government, authorities continued to deny citizens the
right to change their government. The Government did not permit human
rights organizations to form or to operate. Violence and societal
discrimination against women remained problems. Child prostitution was
a problem. Government and societal discrimination against some ethnic
minorities continued to be problems. The Government restricted some
core worker rights, such as freedom of association, although the
Government cooperated with the International Labor Organization (ILO)
and international donors to improve implementation of the existing
Labor Law. There were reports that children worked in exploitative
situations. The Government recognized child labor as a problem and
attempted to address it. Trafficking in women and children for the
purpose of prostitution within the country and abroad continued to be
serious problems, and there were reports of the trafficking of women to
China and Taiwan for arranged and forced marriages.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary and Unlawful Deprivation of Life.--During the year
there were reports of killings by authorities. In January local
newspapers reported that Khong Van Thoi, who was suspected of attacking
the home of a village police chief with a grenade, was tortured to
death while in police custody in Vinh Phuc Province. Two police
officers were charged in Thoi's death and were awaiting trial at year's
end. On September 10, a prison inmate in Hai Duong Province, Pham Van
Dung died enroute to a medical facility after two prison guards stabbed
him and then bound him for 2 hours. At year's end, the guards were
reportedly suspended and under investigation (see Section 1.c.).
b. Disappearance.--During the year there were credible reports of
persons who were either arrested or detained and then possibly
released; however, these persons reportedly did not return to their
families (see Section 1.b.).
In July a United Buddhist Church of Vietnam (UBCV) monk, Thich Tri
Luc, who had fled to Cambodia reportedly was forced to return to the
country. His whereabouts were unknown at year's end.
On August 28, according to a credible report, in M'Drak district,
Dak Lak Province, police confronted 120 villagers attempting to prevent
the detention of an ethnic minority Protestant pastor, Y Su Nie, and
his two adult sons. After a confused altercation in which police shot
one villager in the foot, the police arrested all 120 persons. Most of
those who were arrested were released after a few days, but 20 to 30 of
the villagers did not return to their villages. Police reportedly did
not acknowledge detaining them. On August 28, the 3 individuals police
attempted to detain reportedly escaped. At year's end, their status was
unknown, although police reported that they had detained Y Su Nie and
one other person on October 24 (see Section 1.d.).
Also in late August in Dak Lak, there were reports that the police
detained 240 persons at a house church meeting. Most of the detained
were released within a few days, but 47 persons allegedly did not
return to their families. Police did not admit to having detained them.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits physical abuse; however, police
sometimes beat suspects while in the process of arresting them or while
they were in custody.
On August 26, according to a news report, an inmate at a prison in
Hai Duong province was beaten by two guards and subsequently taken to a
provincial health facility where he was treated for his injuries.
In 2001 in the course of suppressing ethnic unrest in the Central
Highlands, security personnel reportedly responded to instances of
violent demonstrations with beatings, tear gas, water cannons, and
electric prods to put down the demonstrators (see Section 2.b.).
Prison conditions were harsh, but generally did not threaten the
lives of prisoners. However, in January news reports disclosed that a
prisoner was beaten to death during interrogation in Vinh Phuc
Province. In January the Government investigated the two policemen
suspected of torturing the prisoner to death. On September 10, one
prisoner died after two prison guards stabbed him repeatedly, tied him
up, and left him exposed to the sun for 2 hours in over 100 degree
Fahrenheit heat (see Section 1.a.). An official from the Supreme
People's Procuracy, in comments to journalists, admitted systematic
beatings and overworking of inmates occurred at Hoang Tien prison,
which previously was listed among the most meritorious prisons under
the management of the Ministry of Public Security.
Men and women were housed separately in prisons. Juveniles were
housed separately from adult populations. Overcrowding, insufficient
diet, and poor sanitation remained serious problems in at least some,
and probably most, prisons.
Some inmates punished with solitary confinement were stripped and
locked in a small windowless shed for days or even weeks at a time.
They were given one small bowl of rice for lunch and dinner and a
single bucket of water each day. Other forms of solitary confinement
were less harsh.
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. The
pretrial detention system provided few rights. Prisoners awaiting trial
and remaining ``under investigation'' sometimes experienced harsher
conditions than those who were convicted and sentenced. Most prisoners
had access to basic health care. Some political and other prisoners
were denied visitation rights. Prisoners generally were required to
work, but received no wages (see Section 6.c.). Prisoners sentenced to
hard labor complained that their diet and medical care were
insufficient to sustain good health, especially in remote, disease-
ridden areas. Although political and religious prisoners often were
held under harsh conditions and with limited medical care in remote
prisons, such as Z30a at Xuan Loc in an isolated part of Dong Nai
Province, there was no evidence to suggest their conditions were
significantly different than those for the regular prison population.
During the year, the Government permitted selected diplomatic
observers to visit two of its prisons on at least two occasions. It
also permitted foreign officials to investigate prison labor
conditions. The Government did not allow the ICRC to visit prisoners.
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. In addition, during the year there were reports of several
persons who either were arrested or detained and then possibly
released; however, these persons reportedly did not return to their
families (see Section 1.b.). The Criminal Procedure Code provides for
various rights of detainees, including the right of the accused to have
a lawyer present during interrogation; however, in practice the
authorities sometimes ignored these legal safeguards. Moreover, a
directive on administrative probation gives security officials broad
powers if they believe that a suspect is a threat to ``national
security.''
The Criminal Procedure Code places a 12-month time limit on
investigative detention. It also limits the time a judge's panel (a
body consisting of at least one judge and one lay assessor) has to rule
on a case (see Section 1.e.). Prior to being formally charged, a
detainee has a statutory right to notify family members. However, in
most cases the police inform the family of the detainee's whereabouts.
Prior to being charged the detainee may contact a lawyer if permitted
by the head of the investigating office. Following a formal charge, the
detainee has a statutory right to contact an attorney, although it is
not clear that this right was respected in practice.
The Procuracy (the office which investigates cases and initiates
public prosecutions) issues arrest warrants, generally at the request
of the police. However, police may make an arrest without a warrant on
the basis of a complaint filed by any party alleging the commission of
a crime. In such cases, the Procuracy must issue retroactive arrest
warrants. Unless specifically authorized by an investigator, the MPS
usually prohibited contact between a detainee and his lawyer as long as
the procurator's office was investigating a case, which may last up to
1 year and may not entail any formal charges. Likewise, family members
may visit a detainee only with the permission of the investigator. In
general, time spent in pretrial detention counts toward time served
upon conviction and sentencing.
Courts may sentence persons to administrative detention for a
period up to 5 years after release from prison. These provisions were
enforced unevenly. The MPS used administrative probation to place
persons under house arrest without trial for up to 2 years (see Section
2.d).
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.
During the year, at least two persons--Pham Hong Son and Nguyen Vu
Binh--who peacefully had expressed political views, were detained and
continued to be under investigation at year's end (see Sections 2.a.
and 2.b). At least two others--Le Chi Quang and Nguyen Khac Toan--were
arrested and convicted during the year. In August, several villagers
from the Central Highlands were detained and/or arrested (see Section
1.b.). On September 25, police arrested former journalist and writer
Nguyen Vu Binh. Nguyen wrote articles that called for political reform
and criticized government policy. His whereabouts, and the charges
against, him were unknown at year's end. On November 8, Le Chi Quang
was convicted of disseminating anti-state information and sentenced to
4 years in prison and 3 years of administrative probation. On December
28 and 29 police detained two other political activists, Pham Que Duong
and Tran Van Khue, for unknown reasons (see Section 2.a.). In addition,
up to 19 Hmong Protestant leaders may still be detained, including:
Vang Sua Giang, Mua A Ho, Cu Van Long, and Sua Song Vu. In addition, it
was unknown whether several persons detained in previous years ever
have been tried, including: Vo Tan Sau, Phan Thi Tiem, and Tran Thi
Duyen, Le Huu Hoa, Ma Van Chinh, and Lu Seo Dieu.
The Constitution does not provide for forced exile, and the
Government did not use forced exile.
e. Denial of Fair Public Trial.--The Constitution provides for the
independence of judges and jurors; however, in practice the Party
controls the courts closely at all levels, selecting judges at least in
part for their political reliability. Constitutional safeguards are
significantly lacking. The CPV had strong influence over high profile
cases and cases in which a person was charged with challenging or
harming the CPV or the State. During the year, CPV and government
officials may have exerted influence over court decisions by making
clear their wishes to both the lay assessors and the judges who sat on
a panel together to decide cases. The National Assembly votes for
judicial nominees presented by the President of the country for the
Supreme People's Court (SPC) President and Supreme People's Procuracy.
The National Assembly also controls the judiciary's budget, including
judges' salaries, just as it controls the budgets and salaries of all
other parts of the Government. Provincial and district governments
disburse judges' salaries at their respective levels, just as they
disburse the salaries of other local officials. The State President
appoints all other judges not the President of the SPC. This power is
granted in the Constitution. On September 30, the Government
transferred local courts from the Ministry of Justice to the SPC, in an
effort to increase judicial independence.
The system of appointing judges and lay assessors also reflected
the lack of judicial independence. Court panels at all levels include
judges and lay assessors. People's councils appoint lay assessors at
the district and provincial levels. Lay assessors are required to have
high moral standards, but legal training is not necessary. District and
provincial people's councils appoint the lay assessors at the lower
levels. The Standing Committee of the National Assembly appoints and
discharges the SPC lay assessors. The Vietnam Fatherland Front (VFF),
an umbrella group for the country's mass organizations, must approve
candidates for SPC lay assessors. The President appoints the District
People's Court and Provincial People's Court judges to 5-year terms.
The President also appoints SPC judges from candidates approved by a
judicial selection panel under the influence of the CPV. The CPV's
influence over the courts is amplified both because the people's
councils appoints the lay assessors, and because the judges serve
limited terms and are subject to review.
The judiciary consists of the Supreme People's Court, the local
people's courts, military tribunals, and other tribunals established by
law. Each district throughout the country has a district people's
court, which serves as the court of first instance for most domestic,
civil, and criminal cases. Each province has a Provincial People's
Court, which serves as the appellate forum for district court cases, as
well as courts of first instance for other cases. The SPC is the
highest court of appeal and review. The Ministry of Justice
administered most district and provincial courts until September 30,
when they were transferred to the SPC. The SPC reports to the National
Assembly. On November 15, a new law gave military courts jurisdiction
over all cases involving military entities including military owned
enterprises. The military has the option of using the administrative,
economic, or labor courts for those specialized cases.
The judiciary also includes military tribunals, economic courts,
labor courts, and administrative courts that resolve disputes in those
specialized fields. Administrative courts deal with complaints by
citizens about official abuse and corruption. Military tribunals
operate under the same rules as other courts, but the Ministry of
Defense (MoD) provides their funding. Tribunal judges and assessors are
military personnel, chosen jointly by the SPC and the MoD, whose
function is supervised by the SPC. The MoD is represented on the
judicial selection panels, and the head of the military tribunal system
is the deputy head of the SPC. The VFF did not have any legal standing
to settle legal issues itself. In addition, the CPV and the Government
set up special committees to help resolve local disputes.
The Supreme People's Procuracy brings charges against the accused
and serves as prosecutor during trials. A judging council, made up of a
judge and one or more lay assessors, determines guilt or innocence and
also passes sentence. The relevant people's council appoints lay
assessors, who are required to have high moral standards but who do not
need to have legal training. The legal institutional framework and
legal culture, which favors the Procuracy over the judiciary and
preserves a presumption of guilt in criminal cases, constitutes a major
obstacle to free and fair trials. Although the Constitution asserts
that citizens are innocent until proven guilty, a foreign legal expert
who analyzed the court system during 2000 found that more than 95
percent of the persons who were charged with a crime were convicted.
The country's lawyers also complained that judges generally presume
guilt.
The Criminal Code provides two or three levels of punishment for
most crimes, depending on the crime's seriousness and circumstances.
The code also provides ``punishment brackets'' (a range of possible
fines or prison sentences) for a large percentage of crimes. The
punishment brackets are intended to discourage abuse by law enforcement
officials, allow courts to render verdicts and punishments more
appropriate to the particular offense, hinder arbitrary sentencing by
judicial panels, and allow crime to be punished more uniformly.
District courts may adjudicate cases for 346 of the 672 crimes
defined in the country's legal statutes. The other 326 types of crimes
(which are generally more serious) are adjudicated at the provincial
level. In June 2001, the National Assembly rejected a bill that would
have given district courts authority over more crimes because
legislators reportedly were concerned that the change could have led to
miscarriages of justice and an increase in the prison population (see
Section 3).
There was a shortage of trained lawyers and judges and no
independent bar association. At the Supreme Court level, there was a 20
percent shortage of qualified judges. According to a U.N. official, the
shortage ranged from 30 to 40 percent at the provincial level. Low
salaries hindered the development of a trained judiciary. The few
judges who had formal legal training often studied abroad in countries
with socialist legal traditions. Young educated judges usually had
little influence within the system.
The Government conducted training programs to address the problem
of inadequately trained judges and other court officials. A number of
foreign governments and the U.N. Development Program provided
assistance to strengthen the rule of law and to develop a more
effective judiciary. However, the lack of openness in the judicial
process and the continuing lack of independence of the judiciary
undermined these efforts.
Although the Constitution provides for legal counsel for persons
accused of criminal offenses, the scarcity of lawyers made this
provision impossible to enforce. With few qualified attorneys, the
procurator often handles both the prosecution and the defense,
resulting in legal counsel that frequently provided little help to the
defendant. Consistent with its Marxist-Leninist political system, the
Government required that the Bar Association be a member of the VFF. At
the provincial level, the Bar Association was subordinate to
representatives of the central government, the VFF, the provincial
people's council, and the people's committee.
Trials generally were open to the public; however, 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, there were credible reports
that defendants were not allowed access to government evidence in
advance of the trial, to cross-examine witnesses, or to challenge
statements. Lawyers reported that they often had little time before
trials to examine evidence to be presented against their clients. Those
who were convicted had the right to appeal. The courts did not publish
their proceedings.
The Government continued to imprison persons for the peaceful
expression of dissenting religious and political views. There were no
reliable estimates of the number of political prisoners, because the
Government usually did not publicize such arrests, and sometimes
conducted closed trials and sentencing sessions. Informed sources
estimated that there were up to 150 political prisoners. However, many
of the names included on these lists were difficult to verify. The
number of confirmed political prisoners was much lower than 150
persons. Among those believed to be imprisoned for peaceful political
and religious activities were political activists Nguyen Dinh Huy, who
reportedly was suffering from Parkinson's disease, Le Chi Quang, and
Nguyen Khac Toan; journalist Pham Thai; and religious persons, Truong
Van Thuc, Nguyen Chau Lan, Le Van Nhuom, Vo Van Buu, Ha Hai, Nguyen Duy
Tam, Le Van Tinh, Le Van Son, Nguyen Van Dau, Thich Nhu Dat, Thich Hai
Tang, Thich Phuc Vien, Thich Thien Minh, Thich Tien Tan, Thich Thanh
Tinh, Thich Tri Tuu, Pham Minh Tri, Nguyen Thien Phung, Nguyen Minh
Bao, Nguyen Van Ly, and Ly A Cho.
The Government claimed that it did not hold any political or
religious prisoners and that persons described as political prisoners
were convicted of violating national security laws. On September 2, the
Government amnestied 6,110 prisoners and on October 17 the Government
amnestied 3,069 additional prisoners. It was unknown whether any
political or religious prisoners were among them. In late April, local
level authorities amnestied at least 419 prisoners. The Tin Nhan
newspaper, in an apparent departure from government policy, reported
that 5 prisoners from a ``political'' prison were among those amnestied
in April, however, they were not identified by name (see Section 1.c.).
The Government did not allow access by humanitarian organizations
to political prisoners (see Section 1.c.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the right to privacy of
home and correspondence; however, the Government restricted this right
significantly. Household registration and block warden systems existed
for the surveillance of all citizens, but were used with less vigor and
thoroughness than in the past, and usually did not intrude on most
citizens. The authorities largely focused on persons whom they regarded
as having views critical of the Government, or 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, although this usually was honored in the breach. However,
the Government appears to have enforced these requirements in some
districts of the Central Highlands and northwestern provinces. Most
citizens who wished to move around the country to seek work or to visit
family and friends were able to do so without being monitored, and most
families who sought employment moved to other locations without prior
government permission (see Section 2.d.). There continued to be reports
that some ``spontaneous migrant'' families were unable to obtain
household registration or residence permits in their new locations,
which created legal and administrative problems. In urban areas, most
citizens were free to maintain contact and to work with foreigners. In
theory the Government requires that citizens who work for foreign
organizations be screened and hired through a government service
bureau. Laws governing foreign business enterprises are more lenient.
In practice, many foreign organizations and enterprises hired their own
personnel and only ``registered'' them with the service bureau or
employment bureau.
In theory forced entry into homes is not permitted without orders
from the Procuracy. In practice security forces seldom followed this
requirement, usually ``asking,'' with an implied threat to enter. In
some cases, individuals refused to cooperate with such ``requests.'' In
urban areas security forces generally left when faced with non-
cooperation.
The Government opened and censored targeted persons' mail,
confiscated packages and letters, and monitored telephone
conversations, electronic mail, and facsimile transmissions. The
Government cut the telephone lines of some targeted individuals and
also repeatedly interrupted their cellular phone service. However, this
practice appeared to be sporadic and was not applied consistently. The
Government monitored e-mail, to search for sensitive key words, and
regulated Internet content (see Section 2.a.).
The Government did not exercise forced resettlement; however, there
were credible reports that the Government forced ethnic minority
Protestant believers in some northwestern provinces to leave their
homes without providing them alternative places to live. The Government
also resettled some citizens to make way for infrastructure projects.
By law citizens are to be compensated in such cases, but there were
widespread complaints, including from the National Assembly, that
compensation was not fair. The Government has acknowledged problems in
past resettlement programs.
The Government enforced universal male conscription, although
medical waivers were available. Students generally received deferments,
as did others in numerous special cases. Individuals who received
deferments rarely were drafted. It is unknown whether there were
differences in conscription rates between ethnic groups.
Citizens' membership in mass organizations remained voluntary, but
often is important for career advancement. Membership in the CPV
remained an aid to advancement in the Government or in state companies
and was vital for promotion to senior levels of the Government. At the
same time, diversification of the economy made membership in CPV-
controlled mass organizations and the CPV less essential to financial
and social advancement. Other political parties were not permitted.
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. These penalties rarely were enforced and implementation of this
policy appeared to have declined during the year. There was anecdotal
evidence that party members were more likely to be penalized than
nonparty members.
In 2001 relatives of some individuals holding political viewpoints
at variance with the Government lost their jobs with state-owned
enterprises. However, most, if not all, found equivalent or better
positions with private sector employers.
The Government interfered with distribution of foreign periodicals
and access to satellite television (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 freedom of the press; however, the Government
significantly restricted these freedoms, especially with respect to
political and religious speech. Both the Constitution and the Criminal
Code include broad national security and anti-defamation provisions
that the Government used to restrict severely such freedoms. During the
year, reporters and editors practiced self-censorship. A press law
provides for monetary damages to be paid by journalists to individuals
or organizations harmed by reporting, even if the reports are true.
This law poses a threat to investigative reporting. Several media
outlets continued to test the limits of government press restriction by
publishing articles that criticized actions by party and government
officials; however, the freedom to criticize the Communist Party and
its highest leadership remained restricted. Nonetheless, there were
press reports about topics that generally were considered sensitive.
The Party and government tolerated public discussion on some
subjects and permitted somewhat more criticism than in the past. The
law allows citizens to complain openly about inefficient government,
administrative procedures, corruption, and economic policy. Senior
government and party leaders traveled to several provinces to try to
resolve citizen complaints. However, the Government imposed limits in
these areas as well.
The Government required officials to obtain approval from their
ministry before providing any information to foreign journalists.
Journalists must receive approval from their editorial offices before
providing information. In June 2001, police confiscated approximately
180 pages of war hero and expelled party member General Tran Do's
writings. Do was hospitalized afterwards, and while friends were
allowed to visit him, they said authorities discouraged such visits. On
August 9 Do died. The Government did not permit his family and friends
to display many of his honors at his funeral. Funeral attendees
rejected government statements at the funeral that General Do had made
mistakes later in life. The Government did not intervene when Do's
family and friends spoke critically of the Government and the Party
during the funeral (see Section 2.b.).
The Government continued to prohibit free speech that strayed
outside narrow limits to question the role of the Party, to criticize
individual government leaders, to promote pluralism or multiparty
democracy, or to question the regime's policies on sensitive matters
such as human rights or the border agreement with China. 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 tolerate. On
January 8, police detained democracy activist Nguyen Khac Toan. Toan
had distributed leaflets advocating reforms and had spoken to
demonstrators outside of the National Assembly during its December 2001
session. On December 20, a court convicted Toan for espionage and
sentenced him to 12 years' imprisonment followed by 4 years'
administrative detention (see Section 1.d.). Le Chi Quang authored
several articles and essays advocating democracy and criticizing the
border agreement with China. He posted a number of these writings to
the Internet and was detained in an Internet cafe on February 21 in
Hanoi. On November 8, he was tried and sentenced to 4 years in prison
and 3 years' administrative detention for disseminating anti-state
documents. In February and March, Pham Hong Son translated a number of
English-language articles about democracy into Vietnamese and posted
them on the Internet. On March 29, he was detained and placed under
investigative detention for espionage-related charges. In July and
August, police repeatedly summoned democracy activist Nguyen Vu Binh, a
former journalist, for questioning. He was under close police
surveillance for several weeks afterwards before being summoned for
questioning again for several days in September and finally arrested on
September 25. In February 2001, biologist Ha Sy Phu, who was cleared on
earlier charges of treason, was placed under administrative probation
for writing articles calling for democracy (see Section 1.d.).
Since September 2001, other democracy activists have had their
telephone service disconnected. In September former Colonel Pham Que
Duong was called in for questioning for several consecutive days and
had his cell telephone service cut at least three times during the
year. Nguyen Dan Que continued to call for democracy and respect for
human rights, but authorities interfered with his ability to
communicate by cutting off his cell telephone intermittently, shutting
off his land line, as well as his access to the Internet and e-mail for
more than 2 years. Police continued to monitor him closely and
questioned him periodically (see Section 1.d.). In September
authorities came to his home to demand that he go to the local police
station with them for questioning, but he refused to accompany the
police without a proper legal summons. In October foreign officials
visited Que at his residence. Subsequently he has experienced less
harassment from the authorities. During the year, Duong, Que and some
other activists were able to receive visitors, including foreigners. On
December 28, police detained Duong in Ho Chi Minh City just after he
concluded a visit to fellow activist Tran Van Khue. On December 29,
police came to Khue's house, detained him, and took away his computer
and other materials. Khue and Duong had identified themselves as
spokespersons for a number of other activists.
In February 2001, Catholic priest Father Nguyen Van Ly submitted
written testimony critical of the Government to the U.S. Commission on
International Religious Freedom (CIRF) and frequently spoke out for
political pluralism and complete religious freedom. In October 2001, a
district court sentenced Father Ly to cumulative sentences of 15 years
for ``damaging national unity'' and violating an administrative
detention order. The Government restricted persons who belonged to
unofficial religious groups from speaking publicly about their beliefs.
In January 2001, members of the editorial board of the Tuoi Tre
daily were ordered to write self-criticisms after the newspaper
published the results of an opinion poll that showed government leaders
trailed behind some Western leaders (see Section 2.d.). Security forces
continued to harass novelist Duong Thu Huong intermittently, and
authorities have not allowed her to travel abroad since the early
1990's, although it was unknown whether she attempted to travel
overseas during the year. In October the Government press criticized
her for publishing an article critical of the Government in an
Australian periodical. However, Huong was allowed to meet with some
foreigners and Vietnamese colleagues. Some persons who expressed
alternative opinions on religious or political issues also were not
allowed to travel abroad (see Section 2.d.).
The Party, the Government, and the party-controlled mass
organizations controlled all print and electronic media. The Government
exercised 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. The Government officially requires all religious
publishing be done through one government owned religious publishing
house.
Published reports on high-level government corruption and
mismanagement became more common during the year. Local newspapers
devoted extensive coverage to the Government's investigation of an
organized crime gang with links to three high-level government
officials, two of whom were members of the Communist Party Central
Committee. On June 20, the Government reigned in coverage when it
deemed that the scandal was receiving too much publicity and revealing
too many sensitive points. Many newspapers ignored the party's
instructions not to report on the case, resulting in a stronger party
rebuke and a subsequent sharp reduction, although not a complete halt,
to the press' reporting. On December 31, the Ministry of Culture and
Information announced a decision to revoke the press identity cards of
four reporters. Three, Tran Ngoc Tuan of Tien Phong magazine, Dang
Thanh Hai of Thanh Nien, and Nguyen Minh Son of Nguoi Lao Dong had
filed what the Government claimed were inaccurate reports about Danang
police beating citizens to the point of severe injury. The fourth
reporter, Bui Ngoc Cai of Gia Dinh Va Xa Hoi newspaper, reported that a
police major general had said that the Government might punish higher
level (above the Vice Minister) government officials for corruption.
Newspapers and magazines also printed articles on contentious
economic policy issues. In May the Government unexpectedly blocked
press access to a foreign-funded, scientific conference. The Government
did not allow foreign journalists to attend sessions and restricted
domestic journalists to the opening and closing sessions.
Foreign language periodicals were widely available in cities;
however, the Government occasionally censored articles about the
country. Twice the Government blocked newsstand sale of a foreign
periodical apparently because of articles on sensitive topics (see
Section 1.f.).
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. The number of foreign staff
allowed each foreign media organization was limited, and most local
staff who worked for foreign media were provided by the Foreign
Ministry. The Press Center monitored journalists' activities and
decided 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. The Press Center refused several travel requests,
particularly for travel to the Central Highlands. By law, foreign
journalists are supposed to address all of their questions to other
government agencies through the Foreign Ministry, although it appeared
that this often was not followed in practice. Foreign journalists
generally received visas valid for 6 months. Those who reported on
sensitive issues sometimes experienced difficulty when renewing their
visas. One journalist was unable to renew his visa during the year, and
two journalists received visas for shorter than usual terms in 2001.
In past years, the Government censored television footage and
sometimes delayed export of footage by several days. During the year,
this was not known to have occurred, although regulations continued to
allow the Government to screen such footage. The law limits access to
satellite television to top officials, foreigners, luxury hotels, and
the press. However, the law was not enforced uniformly, and many
persons in urban and some in rural areas had access to censored
television footage via home satellite equipment. On June 24, following
a visible increase in individual satellite dishes set up in conjunction
with the World Cup soccer competition, the Government issued a new
decree in an attempt to enforce this requirement more stringently;
however, its success was unknown at year's end.
The Government generally allowed artists broader latitude than in
past years in choosing the themes for their works, although artists
were not allowed to exhibit works of art that censors regarded as
criticizing or ridiculing the Government or the Party. 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. Foreign language editions of some banned books,
such as Bao Ninh's Sorrow of War, were sold openly. In one notable
exception, the press launched a campaign to denounce well-known actor
Don Duong for his portrayals in the films Green Dragon and We Were
Soldiers Once. The articles described the actor as a traitor and called
for his arrest and detention. In October authorities confiscated his
passport.
The Government allowed access to the Internet; however, it owned
and controlled the country's only Internet access provider, Vietnam
Data Communications (VDC). The VDC was the largest of the 5 operating
Internet service providers (ISPs) with 56 percent of all subscribers.
The Ministry of Culture and Information reported that the number of
Internet subscribers in the country rose to approximately 250,000 in
the past year and that there were approximately one million Internet
users. The price of computers relative to the country's income level
limited home use. However, universities and approximately 4,000 cyber
cafes allowed students and many other persons wider access to the
Internet. The VDC was authorized by the Government to monitor the sites
that subscribers access. The Government used firewalls to block sites
it deemed politically or culturally inappropriate, including sites
operated by exile groups abroad. In July the Government instructed
cyber cafe owners to monitor their customers to discourage citizens
from accessing sites containing antigovernment material as well as
pornography (see Section 2.b.).
In August the Government inspected a large number of Internet cafes
to determine whether persons were accessing blacklisted sites. Also in
August, the Government closed a company that provided an online news
service because it carried articles not allowed under the Press Law. In
October the Government required all owners of domestic web sites,
including those operated by foreign entities, to register their sites
with the Government and to submit their web site content to the
Government for approval. In August 2001, the Prime Minister Phan Van
Khai issued a decree on the management, provision, and the use of
Internet services. The decree prohibits Internet users from taking
advantage of the Internet to take hostile action against the country,
to destabilize security, to violate morality, or to violate other laws
and regulations. In 2001 the non-governmental organization (NGO),
Reporters Sans Frontieres listed the country as 1 of 58 ``enemies of
the Internet.''
The Government continued to permit a more open flow of information
within the country and into the country from abroad, including in the
university system, than in previous years. Foreign academic
professionals temporarily working at universities were allowed to
discuss nonpolitical issues widely and freely in the classroom.
Government monitors regularly attended, without official notification,
classes taught by both 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. There was an increasing interest in subjects
such as American Studies that officially were discouraged in the past.
b. Freedom of Peaceful Assembly and Association.--The right of
assembly is restricted in law and in practice, and the Government
restricted and monitored all forms of public protest. Persons who
wished to gather in a group are required to apply for a permit, which
local authorities can issue or deny arbitrarily. However, persons
routinely gathered in informal groups without government interference.
In general the Government did not permit demonstrations that could be
seen as having a political purpose.
On August 14, approximately 2,000 persons attended war hero and
government critic General Tran Do's funeral in Hanoi (see Section
2.a.). The Government also made no move to interfere with a hastily
arranged, but well attended memorial mass for Cardinal Nguyen Van Thuan
on September 20 in HCMC. In December there were reports that police
dispersed one or more gatherings of Hmong Christians (see Section
2.c.).
During the year, there were a number of peaceful protests of up to
50 persons, mostly older rural women over land tenure issues. The
protests took place outside government and party office buildings, the
Prime Minister's residence, and the National Assembly hall in Hanoi. On
one occasion, police firmly, but nonviolently and respectfully, moved
the protesters away from the Prime Minister's residence. In October the
Government sentenced two individuals for disturbing public order for
organizing a protest over land compensation issues in HCMC earlier in
the year.
In February 2001, police and soldiers fought with up to 4,000
ethnic minority persons who demonstrated in the Central Highlands town
of Pleiku, and another 500-1,000 ethnic minority persons who
demonstrated in the Central Highlands town of Buon Me Thuot. The
demonstrators protested loss of forestland in the area to ethnic
majority citizens. Some protested local government repression of
Christian religions and some called for political autonomy or for an
independent state. Scores of persons were injured on both sides.
Until March 2001, smaller scale demonstrations with varying degrees
of violence continued in rural districts of the Central Highlands. The
Government deployed local troops augmented by civilian militias and
non-uniformed security forces to secure the area. In some places, the
Government forced villagers to feed and quarter troops or members of
the civilian militias. In September 2001, 14 ethnic minority persons
arrested in connection with the unrest were sentenced to prison terms
ranging from 6 to 12 years. One of the 14 persons arrested also was
convicted of illegal possession of a military weapon. In October 2001,
the Government sentenced six more ethnic minority persons to sentences
ranging from a 3-year suspended sentence to 5 years' imprisonment.
Charges against 18 others were dropped, or changed to the lesser charge
of ``inciting social unrest.'' At the end of 2001, at least 14 others
were arrested and awaiting trial. At year's end their fate was unknown.
In 2001 there were credible reports of as many as 85 persons arrested
and 36 persons missing. Many more were detained and later released (see
Sections 1.b and 1.d). There were numerous credible reports that police
beat the suspects when they were taken into custody (see Section 1.c.).
There were several conflicting reports about an event on March 10,
2001, in Plei Lau village of Gia Lai Province. According to one
credible report, hundreds of police and soldiers attempted to disperse
hundreds of ethnic minority persons. Fighting erupted, resulting in
dozens of injuries on both sides. At one point, an ethnic minority
person armed with a spear attacked a soldier and was shot and killed by
two or three other soldiers. Soldiers reportedly pursued and opened
fire on other persons who had fled into the forest, wounding at least
two who were shot in the leg and captured. Later that day, police
forced some villagers to burn down the village church.
The Government restricted freedom of association. The Government
prohibited the legal establishment of private, independent
organizations, insisting that persons work within established, party-
controlled organizations, often under the aegis of the VFF. Citizens
were prohibited from establishing independent organizations such as
political parties, labor unions, and religious or veterans'
organizations. Such organizations existed only under government
control. However, some entities were able to operate outside of this
framework with little or no government interference. For 10 days in
2001, police in Hai Phong detained and held Vu Cao Quan after he met
individually in Hanoi with several persons holding reformist views
including Nguyen Thanh Giang, Hoang Minh Chinh, retired General Tran
Do, and retired Colonel Pham Que Duong. Since 1990 while still a member
of the Communist Party, Quan wrote several pieces advocating democracy.
In September 2001, Tran Van Khue and Colonel Pham Que Duong sent a
letter to the party and government leadership seeking permission to
form a ``People's Association to support the Party and State to fight
corruption.'' Police sent Khue and Nguyen Thi Thanh Xuan from Hanoi
back to their residences in HCMC and summoned Duong and 16 Hanoi
associates for questioning related to the proposed ``People's
Association.'' These persons were known to hold reformist views and
included Hoang Minh Chinh, Nguyen Thanh Giang, Hoang Tien, Nguyen Vu
Binh, Duong Hung, Le Chi Quang, Tran Dung Tien, Nguyen Dao Kinh, Tran
Ba, Dau Quy Ha, Duoi Huy, Nguyen Thu, Nguyen Doai, V. Thinh, Tran Dai
Son, and Duoi Son. The Government also cut personal telephone lines and
blocked access to the web site where Duong and Khue posted their
letter. The People's Association later set up a web site, which the
Government did not block, that included contact information, the
petition, other documents written by various democracy activists, and a
bulletin board where several individuals recorded their reactions to
the proposal. In 2001 in HCMC, police confiscated Khue's computer and
for more than 1 month ``invited'' him to come to the local police
station twice a day ``to work with them.'' In October the Government
also placed Khue under a 2-year administrative detention order--a form
of house arrest.
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 declared to be at variance with state laws and
policies.
The Government technically required religious groups to be
registered and used this process to control and monitor church
organizations. The Government officially recognized Buddhist, Roman
Catholic, Protestant, Hoa Hao, Cao Dai, and Muslim religious
organizations. To obtain official recognition, a group must obtain
government approval of its leadership and the overall scope of its
activities. Officially recognized religious organizations were able to
operate to varying degrees throughout the country, and followers of
these religious bodies were able to worship without government
harassment, except in some isolated provinces. Officially recognized
organizations had to consult with the Government about their religious
operations, although not about their tenets of faith. Some leaders of
the pre-1975 Buddhist and Hoa Hao religious bodies unsuccessfully
requested official recognition of their organizations. Their
activities, and those of the unregistered Protestant ``house churches''
were considered illegal by the authorities, and they sometimes
experienced harassment as a result. The Government actively discouraged
contacts between the illegal UBCV and its foreign Buddhist supporters,
and between unofficial Protestant organizations, such as the
underground churches, and their foreign supporters, although such
contacts continued.
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. The
Penal Code establishes penalties for ``attempting to undermine national
unity'' by promoting ``division between religious believers and
nonbelievers.'' In some cases, particularly involving Hmong
Protestants, when authorities charged persons with practicing religion
illegally, they used provisions of the Penal Code that allow for jail
terms of up to 3 years for ``abusing freedom of speech, press, or
religion.'' There were reports that officials fabricated evidence, and
some of the provisions of the law used to convict religious prisoners
contradict international instruments such as the Universal Declaration
of Human Rights. According to credible reports, the police arbitrarily
detained persons based upon their religious beliefs and practice,
particularly in the mountainous, ethnic minority areas. There were
credible reports that Hmong Protestant Christians in several
northwestern villages and various ethnic minority Protestant Christians
in the Central Highlands were pressured or forced to recant their
faith. In the northwest provinces and the Central Highlands, local
officials allowed believers little discretion in the practice of their
faith. The Government continued to harass members of the UBCV, and
prevented their conducting independent religious activities,
particularly outside of their pagodas. The Vietnamese Roman Catholic
Church hierarchy remained frustrated by the Government's restrictions
but has learned to accommodate itself to them. A number of clergy
reported a modest easing of government control over church activities
in certain dioceses during the year. In most locales, local government
officials allowed Catholic Church officials to conduct religious
education classes (outside regular school hours). However, in many
areas, officials strictly prohibited these activities. In some areas,
including HCMC, local officials allowed unregistered religious
organizations to operate with little or no interference.
Restrictions on the hierarchies and clergy of religious groups
remained in place, and the Government maintained supervisory control of
the recognized religions, in part because the Communist Party feared
that organized religions may weaken its authority and influence by
serving as political, social, and spiritual alternatives to the
authority of the central government. Religious organizations were
required to obtain government permission to hold training seminars,
conventions, and celebrations outside of the regular religious
calendar, to build or remodel places of worship, to engage in
charitable activities, operate religious schools, and to train, ordain,
promote, or transfer clergy. Religious organizations also were required
to submit their ``annual plans'' and ``schedules'' for approval by
local authorities. Many of these restrictions principally were
exercised by provincial or city people's committees, and treatment of
religious persons varied widely by locality.
In general religious groups faced difficulty in obtaining teaching
materials, expanding training facilities, and expanding the clergy in
training in response to the increased demand from congregations; the
Government regulated the number of clergy that the Buddhist, Catholic,
Hoa Hao, and Cao Dai churches officially may train. The Government has
not allowed officially recognized training of Protestant clergy since
1993, although the Southern Evangelical Church of Vietnam (SECV), which
only formally was recognized in 2001, requested permission to open a
seminary in HCMC. In principle the Government gave the SECV permission
to establish a seminary in 2001. However, the SECV was not able to
obtain permission for many specific steps to open the seminary such as
recruiting or assigning faculty, using or building a facility, or
recruiting students.
The Roman Catholic Church faced significant restrictions on the
training and ordination of priests and bishops. The Government
effectively maintained veto power over Vatican appointments of bishops;
however, in practice it had shown willingness to discuss appointments
with the Vatican. 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. The Catholic Church operated 6 seminaries, and in 2001
received permission from the central authorities to open a seventh.
However, local authorities did not consent to the seminary's proposed
location and it had not opened by year's end. The Catholic Church also
received permission to accept new seminarians, but only every other
year. Over 800 students were enrolled nationwide at year's end. The
local people's committee must approve all students, both upon entering
the seminary and prior to their ordination as priests. A few more
recent seminary graduates remained unordained as long as 10 years. Most
observers believed that the number of ordained priests was insufficient
to support the growing Catholic population.
Although the authorities arrested and otherwise strictly controlled
Hoa Hao ``dissidents,'' the Government permitted other Hoa Hao
believers more freedom to practice their faith. Between 100 and 200
visitors worshipped at the central Hoa Hao Pagoda in An Giang Province
on a daily basis. Police authorities routinely questioned some persons
who held alternative religious or political views, such as UBCV monks
and Hoa Hao leaders.
Since 1975 the Government has prohibited ordination into the Cao
Dai priesthood. However, during the year, at least 18 new priests were
ordained and 920 apprentices entered the process leading to priesthood.
Other existing priests were promoted to higher ranks.
Muslim Association members were able to practice their faith,
including daily prayer and fasting during the month of Ramadan.
The Government restricted and monitored all forms of public
assembly, including assembly for religious activities. Large regularly
scheduled religious gatherings were allowed, such as the Catholic
celebrations at La Vang. The Hoa Hao also were allowed to hold large
public gatherings to commemorate some traditional anniversaries, but
not others. Some specially scheduled religious gatherings also were
allowed. However, in December there were reports that police in Lai
Chau Province attempted to disperse one or more gatherings of Hmong
Christians. Police reportedly used a gas, possibly pepper spray, during
at least one of these actions, leading to the hospitalization of four
or more persons (see Section 2.b.).
Open adherence to a religious faith generally did 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 theoretically barred one from membership in
the Communist Party, but in 1997 the CPV reported that approximately
23,000 of the 2.4 million party members were religious believers.
Government and party officials increasingly admitted that they follow
traditional and Buddhist religious practices.
The law prohibits foreign missionaries from operating in the
country.
The Government established a publishing house under control of its
Committee for Religious Affairs specifically to oversee the publishing
of all religious materials. Many Buddhist sacred scriptures, Bibles,
and other religious texts and publications are printed by government-
sanctioned organizations and are sold or distributed at religious
institutions.
The Government allowed religious travel for some, but not all,
religious persons; Muslims were able to take the Hajj (although none
did during the year due to lack of foreign financial support), and many
Buddhist and Catholic Church officials, and some Protestant officials
were able to travel and study abroad. Most of the country's Catholic
bishops visited the Vatican for several weeks in the early part of the
year. 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.
Several Protestant house church leaders traveled overseas during the
year. Government officials discouraged officially recognized clergy
from entering Son La, Lai Chau, and some other border provinces. In
March several hundred Hao Hoa believers traveled to the Hoa Hao Pagoda
in An Giang Province to commemorate a traditional anniversary that the
Government refused to recognize officially. In July up to 300,000
persons traveled there to celebrate another traditional anniversary
that the Government recognizes. Persons who held alternative religious
opinions sometimes are not approved for foreign travel. Buddhist monk
Thich Thai Hoa in Hue, for example, was refused permission to travel
outside the country on several occasions. Thich Huyen Quang, Nguyen Lap
Ma, and Nguyen Nhat Thong were restricted from travelling or had to
request permission from authorities to travel (see Section 2.d.).
Ethnic minority, underground Protestant congregations in the
Central Highlands and in the northwestern provinces continued to suffer
severe abuses. Certain northwest provinces reportedly did not have any
officially recognized churches or pagodas, allegedly due to provincial
government disapproval. Authorities in those areas also reportedly
arrested and imprisoned ethnic minority believers for practicing their
faith nonviolently, citing their lack of officially recognized status.
During the year, there were reports that some Protestants in the
Central Highlands, particularly in Dak Lak Province, experienced
continued difficulties and restrictions despite evidence of reduced
tensions in some other parts of the Central Highlands.
Several reports described a systematic campaign on the part of
local officials in Dak Lak and Gia Lai Provinces in the Central
Highlands to force ethnic minority Protestants to renounce their faith.
Similar campaigns were reported and continued to be reported during the
year in Lai Chau, Lao Cai, and other mountainous northern provinces.
Under threat of physical abuse or confiscation of property, ethnic
minority Protestants allegedly were made to sign a formal, written
renunciation or to undergo a symbolic ritual, which included drinking
rice whiskey mixed with animal blood. Officials reportedly ordered
Protestant gatherings to cease, forbade pastors from traveling,
withheld government food distributions from Protestant believers, and
prohibited children of Protestant families from attending school beyond
the third grade.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides that citizens
shall enjoy freedom of movement and of residence within the country . .
. (and) freely travel abroad and return home . . . in accordance with
the provisions of the law''; however, the Government imposed some
limits on freedom of movement. Most citizens enjoyed freedom of
movement within the country, but some local authorities required
members of ethnic minority groups to obtain permission to travel
outside certain highland areas.
Local officials reportedly informally discouraged clergy from
entering certain provinces. Officially citizens had to obtain
permission to change their residence (see Section 1.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 residence permits. Holders of foreign passports in theory must
register to stay in private homes. In practice visitors of Vietnamese
origin from overseas did not appear to have had problems with this
requirement and were allowed to stay with family and friends.
The Government employed internal isolation under the decree on
administrative detention to restrict the movement of political and
religious dissidents (see Sections 1.d. and 1.f.). Reform activist
Nguyen Thanh Giang was not under administrative detention and was
permitted to move around freely in Hanoi, although his freedom to move
around outside Hanoi was largely untested. Since June 2001, after Thich
Quang Do attempted to organize an unauthorized delegation of monks to
travel to Quang Ngai Province, authorities confined him incommunicado
and under guard to his living quarters. His telephone lines were cut
and he was unable to receive visitors (see Section 2.c.).
Some persons were held under conditions resembling house arrest
without known legal pretext. Since 1982 Thich Huyen Quang, Supreme
Patriarch of the banned UBCV, has been confined to a pagoda in Quang
Ngai Province. He cannot leave the pagoda without official permission,
although, he was able to receive at least some visitors, including
diplomats, during the year. Provincial police reportedly told him in
1997 that his term of detention officially had concluded. Rather than
allow him to return to his previous residence, HCMC authorities urged
him to return to his province of birth instead. Similarly, Protestant
pastor Nguyen Lap Ma has been forced to reside in an isolated village
in Can Tho Province since 1982. However, after he suffered a stroke in
1998, authorities allowed him to travel to HCMC for monthly medical
check-ups. Another Protestant pastor, Nguyen Nhat Thong, has been
forced to reside in a remote village in Binh Thuan Province since 1979.
He has been allowed to travel outside the village since 1986, but must
ask for the permission of local authorities first (see Section 2.c.).
Foreigners generally were free to travel throughout the country,
except in areas restricted on grounds of national security. Following
the 2001 ethnic unrest in the Central Highlands, entry into the area
was restricted for several months for most foreigners. The Government
retained the right to approve travel to border areas and to some
islands, but in practice foreigners could travel to most non-sensitive
border areas without prior approval. However, on several occasions,
local police detained and fined foreigners who police found had
ventured too close to international borders and other sensitive
military areas. Some of these areas were unmarked. Although the
Government no longer requires citizens traveling abroad to obtain exit
or reentry visas, the Government sometimes prevented persons from
traveling by refusing to issue passports. Persons who departed the
country using passports marked ``dinh cu'' or ``resettlement'' appear
to need a reentry permit to return. Some persons who publicly or
privately expressed critical opinions on religious or political issues
sometimes were not allowed to travel abroad (see Section 2.c.).
Citizens' access to passports sometimes 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 based on
the officials' perception that an applicant did not meet program
criteria, or to extort a bribe.
The United States continued to process immigrants and refugee
applicants for admission and resettlement, including Amerasians, former
reeducation camp detainees, former foreign government employees, family
reunification cases, and returnees from camps of first asylum elsewhere
in the region (under the Resettlement Opportunity for Vietnamese
Returnees, (ROVR) program). Most of these programs were nearing the
completion of processing, with the number of cases in most categories
in the low double digits. (An exception was the Amerasian program,
which remained opened to new applicants). A major step forward in this
area was the agreement by the Government on the resumption of
processing for over 900 former foreign government employees and their
family members. This refugee program had been suspended in 1996 but
interviews resumed during this year. A government pledge that approved
cases would be allowed to depart expeditiously was upheld; at year's
end, nearly all approved applicants (over 450 individuals in total) had
already departed the country.
There were concerns that some members of minority ethnic groups,
such as the Montagnards, who live in the Central Highlands may not have
had ready access to the above programs because the Government denied
them passports. While this was not the case for the program for former
foreign government employees, a slowdown in passport issuances to
Montagnards who applied under the re-education camp detainees program
was noticeable for some time after the events in the Spring of 2001.
However, during this year, the situation improved, when nearly two
dozen long-standing cases received passports, and one particularly
prominent, long-standing case was allowed to leave the country after a
2-year delay.
The Government generally permits citizens who emigrated to return
to visit, but it considers them citizens and therefore subject to the
obligations of citizens under the law, even if they adopted another
country's citizenship, unless their formal renunciations of citizenship
were approved by the President. In practice, the Government usually
treats them as citizens of their adopted country; emigrants are not
permitted to use Vietnamese passports after they adopt other
citizenship. However, 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
encouraged them to visit but monitored them carefully.
In early 2001, over 1,000 Montagnards from the Central Highlands
fled to Cambodia following a crackdown by security forces. The
crackdown followed demonstrations complaining of appropriation of
traditional lands, influx of ethnic Vietnamese into the Central
Highlands, and religious discrimination. A tripartite agreement on the
Montagnards' repatriation among the Governments of Vietnam and Cambodia
and the U.N. High Commissioner for Refugees (UNHCR) was abandoned by
UNHCR after Vietnam restricted access and attempted to intimidate and
pressure Montagnards in the UNHCR camps to return. In June an official
was quoted acknowledging the mistakes of the country's leadership for
the turmoil in the Central Highlands. Subsequently, the Government
declared it would award each minority family in the Central Highlands
at least one hectare of land for farming and 400 square meters for
housing.
During the year, there were credible reports that non-uniformed
security forces crossed the border to try to capture and return those
who had fled. These reports add that the security forces succeeded in
forcibly returning approximately 50 persons to Dak Lak Province. Eight
other persons reportedly were returned to Gia Lai Province. Two of them
reportedly were placed in jail, and the other six were placed under
administrative probation. Family members reported the disappearances of
at least 42 ethnic minority persons from Gia Lai Province. Most of
those who fled and were placed under the protection of the U.N. High
Commissioner for Refugees were subsequently resettled from Cambodia to
a third country.
The country is not a signatory to the 1951 U.N. Convention Relating
to the Status of Refugees and its 1967 Protocol. However, the
Constitution provides for consideration of asylum for foreigners
persecuted abroad under certain circumstances. 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
peacefully through democratic means. Party control over the selection
of candidates in elections for the National Assembly, the presidency,
the prime ministership, and local government undermines this right. All
authority and political power is vested in the CPV, and the
Constitution declares the supremacy of the CPV; political opposition
movements and other political parties are illegal. The CPV Central
Committee is the supreme decision-making body in the nation, with the
Politburo as the locus of policymaking. During the Ninth Congress of
the CPV in April 2001, the Party replaced the standing board,
consisting of the five most senior members of the Politburo, with a
nine-member Secretariat, consisting of the General Secretary, four
lower ranking Politburo members, and four non-Politburo Central
Committee members, to oversee day-to-day implementation of leadership
directives. The Government continued to restrict public debate and
criticism to certain aspects of individual, state, or party performance
determined by the CPV itself. However, during the year and in 2001,
legislators questioned and criticized ministers in sessions that were
broadcast live on television. No public challenge to the legitimacy of
the one-party State is permitted; however, there were instances of
unsanctioned letters critical of the Government from private citizens,
including some former party members, that circulated publicly (see
Section 2.a.).
The Government strongly encouraged eligible citizens to vote in
elections, although there is no legal penalty for not voting. Voting
was not compulsory, but election officials applied many means to
persuade citizens to vote, including using public address systems to
ask late voting citizens by name to come to the polls. The Government
claimed a 99.73 percent voter turnout for the May 19 National Assembly
election. Proxy voting, while illegal, appeared widespread. In
addition, most voting was over by 10:00 a.m., although polls were
required to be open until 5:00 p.m. The party-controlled VFF approved
all candidates for the 498-member assembly.
The National Assembly, although subject to the control of the Party
(all of its senior leaders and 90 percent of its members also are party
members), increasingly served as a forum for the expression of local
and provincial concerns and as a critic of corruption and inefficiency.
However, it does not initiate legislation and never has passed
legislation that the Party opposed. Party officials occupied most
senior government and National Assembly positions and continued to have
the final say on key issues. In August the National Assembly debated
the Government's cabinet nominations; although it approved all of the
nominations, more than 30 percent of the delegates voted against some
nominees. During the year, the National Assembly continued to engage in
public debate on economic, legal, and social issues. It also continued
to exert its increasing power to revise or reject draft laws and
actively pursued enhancing its capability to draft laws. In December
2001, the National Assembly rejected the Government's preferred option
on a large dam project. In June 2001, legislators apparently concerned
that passage would lead to widespread miscarriages of justice, rejected
a bill that could have granted district courts wider powers.
The law provides the opportunity for equal participation in
politics by women and minority groups. Approximately 99 percent of
women in the country voted. Women held a number of important government
positions, including the Vice Presidency. There were 136 women in the
498-seat legislature; there were three women at the Ministerial level;
and there were no women in the Politburo. There were only a few women
in provincial level leadership positions.
According to government figures, approximately 99 percent of
minorities in the country voted and 87 of the 498 National Assembly
members belonged to ethnic minorities. The CPV General Secretary,
formerly Chairman of the National Assembly, is a member of an ethnic
minority group. However, the percentage of minorities in government or
national-level politics does not accurately reflect their numbers in
the population.
Section 4. Governmental Attitude Regarding International and Non-
governmental Investigation of Alleged Violations of Human
Rights
The Government does not permit private, local human rights
organizations to form or operate. It generally prohibited private
citizens from contacting international human rights organizations,
although some activists were able to do so. The Government did not
allow any visits by international NGO human rights monitors. The
Government criticized almost all public statements on human rights
issues by international NGOs or by foreign governments.
The Government generally was willing to discuss human rights
problems bilaterally with some other governments if such discussions
took place under the rubric of ``exchanges of ideas'' rather than as
``investigations.'' During the year, several foreign governments held
official talks concerning human rights. The country continued to be a
member of the U.N. Human Rights Commission.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on gender,
ethnicity, religion, or social class; however, enforcement of these
prohibitions was uneven. Some persons formerly interred in reeducation
camps on the basis of association with the pre-1975 government
continued to report varying levels of discrimination as they and their
families sought access to housing, education, and employment. Some
military veterans of the pre-1975 government still faced economic
hardship as a result of past employment restrictions and
discrimination, but none were known still to be incarcerated for their
activities before 1975. These veterans and their families generally
were unable to obtain employment with the Government. This prohibition
is less restrictive than in past years because of the growth of job
opportunities in the private sector.
Women.--The law addresses the problem of domestic violence;
however, the authorities did not enforce the law effectively. Officials
increasingly acknowledged domestic violence, which also was discussed
more openly in the media. International NGO workers and local contacts
reported that domestic violence against women was common. Reportedly
approximately two-thirds of divorces were due in part to domestic
violence. The divorce rate has risen in the past few years, but many
women remained in abusive marriages rather than confront the social and
family stigma and economic uncertainty of divorce.
Under the Penal Code, it is a crime to use violence, threaten
violence, take advantage of a victim who is unable to act in self-
defense, or resort to trickery to have sexual intercourse with a victim
against that person's will. This is believed to criminalize rape,
spousal rape, and, in some instances, sexual harassment. However, there
were no known instances of prosecution for spousal rape.
Prostitution is officially illegal, but appears to be tolerated
widely. Some women are coerced to work as prostitutes, and some are
victimized by false promises of lucrative work (see Section 6.f.). Many
more women feel compelled to work as prostitutes because of poverty and
a lack of other employment opportunities. NGOs estimated that there
were 300,000 prostitutes in the country, including those who engaged in
prostitution part-time or seasonally, during the year. There were
reports that some persons in HCMC addicted young women to heroin and
forced them to work as prostitutes to earn money for drugs. Parents
often expected an eldest daughter to assume responsibility for a
significant part of a family's finances. There were reports that some
parents coerced daughters into prostitution or made such extreme
financial demands on them that they felt compelled to engage in
prostitution. The Women's Union as well as international NGOs engaged
actively in education and rehabilitation programs to combat these
abuses.
Trafficking in women for the purpose of sexual exploitation, both
domestically and internationally, was a serious problem (see Section
6.f.).
While there is no legal discrimination, women faced deeply
ingrained societal discrimination. Despite provisions in the
Constitution, in legislation, and in regulations that mandate equal
treatment, and although some women occupied high government posts, few
women competed successfully for higher status positions. The Government
has ratified International Labor Organization (ILO) conventions on
Equal Remuneration and Discrimination in Employment. The Constitution
provides that women and men must receive equal pay for equal work;
however, the Government did not adequately enforce this provision. Very
poor women, especially in rural areas but also in cities, performed
menial work 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 Code provisions that call for
preferential treatment of women, women did not always receive equal
treatment. Nevertheless, women played an important role in the economy
and were engaged widely in business and in social and educational
institutions. Opportunities for young professional women have increased
markedly in the past few years, with greater numbers entering and
staying in 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 NGOs and other international organizations
regarded 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
inter-ministerial programs that affect women.
Children.--International organizations and government agencies
reported that, despite the Government's promotion of child protection
and welfare, children continued to be 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 and where
children were needed for agricultural labor. However, the culture's
strong emphasis on education led parents who could send children to
school to do so, rather than to allow them to work. Due to lack of
classroom space, most schools operated two sessions, and children
attended either morning or afternoon sessions; a result of attending
school only half days was that children were able to attend classes and
work. In 2001 the ILO stated that some street children both in HCMC and
Hanoi participated in night education courses. The Government has been
in the process of extending free public education from 6 years of age
to 9 years of age. The public school system includes 12 grades. Over 90
percent of children attended elementary grades, but the percentage that
attended junior and senior high school dropped sharply. These
percentages were even lower in remote mountainous areas although the
Government runs a system of subsidized boarding schools through the
high school level for ethnic minority students.
The Government continued a nationwide immunization campaign, and
the Government-controlled press regularly stressed the importance of
health and education for all children. While reports from domestic
sources indicated that responsible officials generally took these goals
seriously, concrete actions were constrained by severely limited
budgets. According to UNICEF, despite growth in incomes over the past
decade, severe malnutrition remained a problem; approximately 39
percent of children under 5 years of age were underweight during the
1995-2000 timeframe.
Widespread poverty contributed to continued child prostitution,
especially of girls, but also of some boys, in major cities. Many
prostitutes in HCMC were between 15 and 17 years of age. One NGO
advocate said that some child prostitutes, such as those from abusive
homes, were forced into prostitution for economic reasons, having few
other choices available to them. There were reports that some persons
addicted young girls to heroin and forced them to work as prostitutes
to earn money for drugs.
Some children were trafficked domestically, and others were
trafficked to foreign destinations for the purpose of sexual
exploitation. Press reports documented the conviction and imprisonment
of a number of traffickers (see Section 6.f.). Individuals also were
convicted in cases in which parents received payments in exchange for
releasing their babies for adoption.
According to a 2001 government report on child labor, there were
20,000 street children in the country. Street children were vulnerable
to abuse and sometimes were abused or harassed by police (see Section
1.c.).
Persons with Disabilities.--There is no official discrimination
against persons with disabilities in employment, education, or in the
provision of other state services. Government provision of services to
assist persons with disabilities, however, was limited, and the
Government provided little official protection or effective support to
persons with disabilities. The Government operated a small network of
rehabilitation centers to provide long-term in-patient physical therapy
and special education for disabled children. Government agencies
responsible for services to persons with disabilities worked with
domestic and foreign groups to provide protection, support, physical
access, education, and employment. Implementation was hampered by
limited budgets. The law requires the State to protect the rights and
encourage the employment of persons with disabilities. It includes
provisions for preferential treatment of firms that recruit persons
with disabilities for training or apprenticeship and a special levy on
firms that do not employ workers with disabilities. The extent to which
the Government enforced these provisions was persons disabled by war,
by subsequent accidents involving unexploded ordinance, or other
causes, and developed indigenous prosthetics manufacturing
capabilities. There were no laws mandating physical access to
buildings, but during the year international groups worked with the
Government to provide increased accessibility. International groups
also assisted the Government in implementing programs to increase
access by persons with disabilities to education and employment.
National/Racial/Ethnic Minorities.--Although the Government
officially is opposed to discrimination against ethnic minorities,
longstanding societal discrimination against ethnic minorities was
widespread. In addition, there continued to be credible reports that
local officials sometimes restricted ethnic minority access to some
types of employment and educational opportunities. 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 majority Vietnamese (Kinh) by granting
preferential treatment to domestic and foreign companies that invest in
highland areas. The Government ran special schools for ethnic
minorities in many provinces including subsidized boarding schools at
the high school and middle school levels, and offered special
scholarship programs at the university level.
The Government resettled some ethnic minorities from inaccessible
villages in mountainous provinces to locations where basic services
were easier to provide; however, the effect of the policy sometimes has
been to dilute the political and social solidarity of these groups. The
Government admits that one of the goals of resettlement was to impel
the minorities to change from traditional swidden agricultural methods
to sedentary agriculture. This also had the effect of making more land
available to ethnic majority Kinh migrants to the mountainous areas.
Large-scale, government-encouraged as well as spontaneous migration of
ethnic Kinh to the Central Highlands has diluted the indigenous culture
there. It has also led to numerous land disputes between ethnic
minority households and ethnic Kinh migrants. The perception of the
loss of traditional ethnic minority lands to Kinh migrants was an
important factor behind the ethnic unrest in 2001 (see Section 2.b.).
There were numerous credible reports that groups of Montagnards
continued to flee to Cambodia to escape ethnic and religious repression
in the Central Highlands. Government officials continued to harass some
highland minorities, particularly the Hmong in the northwest provinces
and several ethnic groups in the Central Highlands, for practicing
their religion without official approval (see Section 2.c.).
Government officials have stated that there were many instances in
which local government officials in the Central Highlands acted
contrary to stated national policies or failed to uphold national laws.
The Government continued to impose extra security measures in the
Central Highlands (see Section 2.b.). There were unconfirmed reports of
continued pushbacks of Montagnards seeking to cross into Cambodia,
sometimes accompanied by beatings and detentions. However, the
Government continued measures to address the causes of the unrest and
began new measures as well. National government officials regularly
visited the Central Highlands. The Government began a special program
to allocate land to ethnic minorities in the Central Highlands.
Previously, all classroom instruction was required by law to be
conducted in the Vietnamese language, but the Government continued a
program to conduct classes in the local language up to grade five. The
Government worked with local officials to develop a local language
curriculum. The Government appeared to be implementing this program
more comprehensively in the Central Highlands than in mountainous
northern provinces. In 2001 the Government began broadcasting radio and
television programming in the area in ethnic minority languages. The
Government also told ethnic Kinh officials that they must learn the
language of the locality in which they worked, although this did not
yet appear to have had much effect by year's end. Provincial
governments implemented initiatives designed to increase employment,
reduce the income gap between ethnic minorities and ethnic Kinh, and be
sensitive and receptive to ethnic minority culture and traditions.
Officials in Lam Dong Province reportedly hired ethnic minority persons
to teach minority languages to ethnic Kinh police. Officials in Dak Lak
Province reportedly experimented with a land policy that would allocate
certain forestlands to ethnic minority villages for communal use.
Section 6. Worker Rights
a. The Right of Association.--Workers are not free to join or form
unions of their choosing. Trade unions are controlled by the Party and
have only nominal independence. All unions must be approved by and must
affiliate with the party-controlled Vietnam General Confederation of
Labor (VGCL). The VGCL claimed that it represented 95 percent of public
sector workers and 90 percent of workers in state-owned enterprises.
However, the overall level of unionization of the workforce was 10
percent. Approximately 500,000 union members worked in the private
sector, including enterprises with foreign investment. The vast
majority of the work force lived in rural areas, engaged in small-scale
farming, and was not unionized. The VGCL asserted that authorities did
not prosecute some violations of the Labor Law. Union leaders
influenced key decisions, such as the amendment of labor legislation,
development of social safety nets, and the setting of health, safety,
and minimum wage standards.
While the Labor Law states that all enterprise-level and
professional trade unions are affiliated with the VGCL, in practice
hundreds of unaffiliated ``labor associations'' were organized at many
individual enterprises and in occupations such as those of taxi,
motorcycle and cyclo drivers, cooks, and market porters. Foreign
governments and international organizations, such as the ILO and other
U.N. system organizations, provided technical assistance and training
to the Ministry of Labor, Invalids, and Social Affairs (MOLISA),
provincial labor departments, and the VGCL. Since 1995 MOLISA organized
hundreds of training courses on the Labor Law for its staff and for
managers of enterprises. The ILO and the U.N. Development Program
cooperated on a large multiyear technical assistance program to
strengthen Labor Law implementation.
Individual unions legally are not free to affiliate with, join, or
participate in, international labor bodies, and they did not do so in
practice. However, the VGCL had relations with 95 labor organizations
in 70 countries, and the VGCL's president traveled internationally,
including to industrialized countries, to discuss labor matters.
b. The Right to Organize and Bargain Collectively.--Under the law,
the provincial or metropolitan branch of the VGCL is charged with
organizing a union within 6 months of establishment of any new
enterprise with five or more employees, if workers have not already
done so. Management is required by law to accept and to cooperate with
those unions. The Labor Law provides VGCL-affiliated unions the right
to bargain collectively on behalf of workers. In recent years,
collective bargaining has become more important. Many contracts have
been negotiated that ended the practice of annual renewal, and
multiyear contracts have become more common despite initial resistance
from foreign companies. In recent years, labor leaders have increased
the number of workplace issues in collective bargaining agreements.
Issues previously not covered in contracts, such as Sunday work, have
been spelled out so that companies cannot order workers to work a
seventh day. Since the country began moving away from central planning,
market forces have played an increasingly important role in determining
wages. The Labor Law prohibits anti-union discrimination on the part of
employers against employees who seek to organize.
The Labor Law provides for the right to strike if workers follow
the stipulated process of conciliation and arbitration. The law
requires that management and labor first attempt to resolve labor
disputes through the enterprise's own labor conciliation council.
However, many enterprises did not have labor conciliation councils. In
the absence of such a council or if a council fails to resolve a labor
dispute, the dispute is referred to labor arbitration successively at
the district and provincial level. Individual workers may take cases
directly to the peoples' court system, but in most cases, only after
conciliation has been attempted and failed. Unions have the right to
appeal decisions of provincial labor arbitration councils to provincial
people's courts or to strike. Because this process is lengthy and the
necessary dispute resolution bodies in many provinces and localities
have never been established, nearly every strike is considered illegal.
The local press reported at least 79 strikes during the year. Of
these, 37 were against foreign-invested enterprises, 40 involved
domestic private enterprises, and 2 affected state-owned firms. Other
sources reported 14 strikes against state-owned firms. In 2001, 73
strikes occurred, an increase of three over the previous year. Foreign-
invested enterprises experienced 40 incidences, domestic private
enterprises were affected by 21 strikes, and state-owned firms
experienced 12 strikes. Although strikes typically did not follow the
authorized conciliation and arbitration process, and thus were of
questionable legality, the Government tolerated them and took no action
against the strikers. Although the VGCL or its affiliate unions did not
sanction these strikes officially, the local and provincial levels of
the VGCL unofficially supported many of them. The Labor Law prohibits
retribution against strikers, and there were no reports of retribution.
In some cases, the Government disciplined employers for illegal
practices that led to strikes.
The Labor Law prohibits strikes in 54 occupational sectors and
businesses that serve the public or are considered by the Government to
be important to the national economy and defense. A subsequent decree
defined these enterprises to be those involved in: electricity
production; post and telecommunications; railway, maritime, and air
transportation; banking; public works; and the oil and gas industry.
The law also grants the Prime Minister the right to suspend a strike
considered detrimental to the national economy or public safety.
The same labor laws as in the rest of the country govern the
growing number of export processing zones and industrial zones. There
is anecdotal evidence that the Government enforced labor laws more
actively in the zones than outside them.
c. Prohibition of Forced or Bonded 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 worked in
exploitative situations (see Section 6.d.). Some women were coerced
into prostitution (see Sections 5 and 6.f.). A study of child labor in
HCMC found cases in which parents in poor families entered into
``verbal agreements'' with employers, who put their children to work;
the children's salaries were sent directly to the parents.
The Government denied the use of prison labor without compensation;
however, prisoners routinely were required to work for little or no
pay. They produced food and other goods used directly in prisons or
sold on local markets reportedly to purchase items for prisoners.
Officials said that juveniles in Education and Nourishment Centers,
which function much as reform schools or juvenile detention centers do
elsewhere, were assigned work for ``educational purposes'' that does
not generate income.
A government ordinance requires all adult citizens between 18 and
45 years of age for men and between 18 and 35 years of age for women to
perform 10 days of annual public labor. However, the ordinance permits
citizens to excuse themselves from this obligation by finding a
substitute or paying a marginal fee. While some have alleged that such
laborers were recruited to construct the Ho Chi Minh Highway, the
Government issued a decree in October 2000 that gave the force of law
to its existing policy that all labor on this project must be voluntary
and paid.
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. It sets the minimum age for
employment at 18 years of age, but enterprises may hire children
between the ages of 15 and 18 if the firm obtains special permission
from their parents and the MOLISA. However, a widely-publicized 2001
MOLISA survey found that about 40,000 children between the ages of 8
and 14 years worked part-time or full-time in violation of the Labor
law. That estimate may be low, since many more children worked in the
informal sector, usually on family farms or family businesses not
within the scope of the Labor Law.
By law an employer must ensure that workers under 18 years of age
do not undertake hazardous work or work that would harm their physical
or mental development. Prohibited occupations are specified in the
Labor Law. The Labor Law permits children to register at trade training
centers, a form of vocational training, from 13 years of age. Children
may work a maximum of 7 hours per day and 42 hours per week and must
receive special health care. Authorities did not have sufficient
resources to ensure enforcement of child labor regulations.
International donor assistance targeted the problem of child labor.
There were reports that enterprises, including companies with
foreign investment, have discovered underage workers in their employ.
According to reliable sources, this occurred when the child workers
presented false identity documents, frequently borrowed from older
family members. Once discovered the children lost their jobs, but in
many cases the companies paid for their schooling and promised to
reemploy them once they were of age.
In rural areas, children worked primarily on family farms and in
other agricultural activities. In some cases they began work as young
as 6 years of age and were expected to work as adults by the time they
were 15 years of age. In urban areas, children also may work in family-
owned small businesses. Migration from rural to urban settings has
exacerbated the child labor problem.
Government officials have the power to fine and, in cases of
Criminal Code violations, prosecute employers who violate child Labor
Laws. While the Government committed insufficient resources to
effectively enforce laws providing for children's labor safety,
especially for children working in mines and as domestic servants, it
detected some cases of child exploitation, removed the children from
the exploitative situations, and fined the employers.
In June 2001, the Government tabled a National Plan of Action
implementing ILO Convention 182 on worst forms of child labor, which it
had ratified in November 2000. In addition, a child labor unit was
established within MOLISA. The country also participated in an ILO
project on child trafficking in the Mekong region.
The law prohibits forced and bonded labor by children; however,
thousands of children worked in exploitative situations and were
trafficked both domestically and internationally for the purpose of
sexual exploitation (see Section 6.f.).
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 was $45 (674,820 dong) in Hanoi and HCMC, and
$40 (599,840 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 (449,880 dong). The official monthly minimum wage of $12
(180,000 dong) outside the foreign-invested joint venture sector was
inadequate to provide a worker and family with a decent standard of
living. However, state-owned enterprises consistently paid more than
that minimum. The number of workers who received government-subsidized
housing was decreasing. However, many workers received bonuses and
supplement incomes by engaging in entrepreneurial activities and
households often included more than one wage earner. A 2001 ILO study
found that minimum wage requirements were applied well in all sectors,
with the exception of smaller private sector enterprises. However,
there were a number of media reports citing incidences of violations of
minimum wage requirements by companies with foreign investment.
The Government set the workweek for government employees and
employees of companies in the state sector at 40 hours and encouraged
the private business sector and foreign and international organizations
that employed local workers to reduce the number of hours in the
workweek to 40 hours, but did not make compliance mandatory.
The Labor Law sets normal 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 \1/2\ times the regular wage and 2 times the regular
wage on holidays. The law limits compulsory overtime to 4 hours per
week and 200 hours per year. The law also prescribes annual leave with
full pay for various types of work. The ILO has 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 enforced 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 MOLISA, in coordination with
local people's committees and labor unions, is charged with enforcing
the regulations. In practice enforcement was inadequate because of
MOLISA's low funding and a shortage of trained enforcement personnel.
The VGCL reported that there were 300 labor inspectors in the country
but that at least 600 were needed. On-the-job injuries due to poor
health and safety conditions in the workplace were a problem. There was
evidence, however, that workers, through labor unions, were effective
in improving working conditions. Some foreign companies with operations
in the country have established independent monitoring of problems at
their factories.
The Labor Code provides that workers may remove themselves from
hazardous conditions without risking loss of employment. Companies
report that MOLISA or provincial labor agencies perform labor and
occupation safety and health inspections at enterprises when they learn
of serious accidents or when there have been reports of hazardous
conditions.
f. Trafficking in Persons.--The Penal Code prohibits trafficking in
women and children; however, trafficking in women and children for the
purpose of sexual exploitation and for labor, both domestically and
internationally, was a serious problem. While no law specifically
prohibits trafficking in men, existing laws could be used to prosecute
traffickers who recruit or send men abroad to work for ``illegitimate
profits'' or illegal purposes. Incidents of trafficking of adult males
domestically or abroad were rare. While reliable statistics on the
numbers of citizens trafficked were not available, there was evidence
that the numbers have grown in recent years, but may have leveled off
over the past year. The Social Evils Department of MOLISA and the
Criminal Police Department of the MPS were the main government agencies
involved in efforts to combat trafficking. The police took an
increasingly active role in investigating trafficking during the year.
The country was a source and transit point for trafficking in
persons. Women were trafficked primarily to Cambodia and China for
sexual exploitation and arranged marriages. According to one report,
between 1990 and 2000, approximately 20,000 young women and girls were
sent to China to become brides, domestic workers, or prostitutes;
however, it was not clear how many were victims of trafficking
(observers believe many, if not most, of these young women were
voluntary migrants and, at least initially, not victims of
trafficking). According to another local press report, at least 10,400
women and girls were trafficked to China in recent years. Between 1995
and 2000, approximately 5,000 women and children were trafficked to and
escaped from Cambodia. Some Vietnamese women also were trafficked to
Singapore, Hong Kong, Macau, Thailand, Taiwan, the United Kingdom, and
the United States. There also were reports that some Vietnamese women
going to Taiwan, Hong Kong, Macau, and China as ``mail-order brides''
were victims of trafficking. The Government estimated that
approximately 10 percent of mail order brides had ``problems'' or may
have become trafficking victims. There were reports that husband
switching was one of the several methods used to entice potential
trafficking victims. Beginning in March, government officials held a
series of meetings to work out better procedures to handle repatriation
of trafficking victims. Women and children also were trafficked within
the country, usually from rural to urban areas. The country also was a
transit point for trafficking. Typically, persons were trafficked from
China or the Middle East to Australia, Europe, or Canada; however, this
appears to have continued to decrease during the year.
Some children were trafficked domestically, and others were
trafficked to foreign destinations for the purpose of prostitution. An
NGO advocate estimated that the average age of trafficked girls was
between 15 and 17 years of age. Some reports indicated that the ages of
girls trafficked to Cambodia typically was even lower. Although
statistics were not reliable, women and girls were trafficked from
southern delta and highland provinces to Cambodia and from northern
provinces into China generally for the purposes of prostitution,
domestic work, or marriage. The Vietnam Women's Union, with assistance
from foreign donors and international organizations, was especially
active in drawing attention to these problems 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.
There were reports that some women from HCMC and the Mekong Delta
who married men from Taiwan were forced into prostitution after their
arrival in Taiwan. There was reported trafficking in women to the Macau
Special Administrative Region of China with the assistance of
organizations in China that were ostensibly marriage service bureaus,
international labor organizations, and travel agencies. After arrival,
women were forced into conditions similar to indentured servitude; some
were forced into prostitution. In August the Government suspended the
licenses of marriage mediation services and transferred their function
to the Women's Union. The services helped arrange marriages between
women and foreigners, primarily Taiwanese men. Between 60,000 and
70,000 women have married Taiwanese men in recent years, although
observers believed that most were not trafficked.
Poor women and teenage girls, especially those from rural areas,
were most at risk for being trafficked. It appears that most
trafficking victims came from some Mekong Delta provinces such at An
Giang and some northern provinces such as Quang Ninh. Some were sold by
their families as domestic workers or for sexual exploitation. In some
cases, traffickers paid families several hundred dollars (a large sum
for many families) in exchange for allowing their daughter to go to
Cambodia for an ``employment offer.'' Many victims faced strong
pressure to make significant contributions to the family income. Others
were offered lucrative jobs by acquaintances. False advertising, debt
bondage, confiscation of documents, and threats of deportation were
other methods commonly used by the traffickers, spouses, and employers.
Individual opportunists and informal networks, as well as some
organized groups, lured poor, often rural, women with promises of jobs
or marriage and forced them to work as prostitutes (see Sections 5 and
6.c.). The Government stated that organized criminal groups, both
domestic and international, were involved in recruitment, transit, and
other trafficking-related activities.
Corruption was a serious problem at all levels, and some officials
were involved in the flow of overseas workers into exploitative
conditions or into trafficking. While it was likely that some
individual officials assisted traffickers, there was no evidence of
official, institutional, or government involvement in trafficking in
persons. Some government officials and associated private individuals
were convicted of and sentenced for trafficking related crimes during
the year.
There were allegations supported by evidence that state-owned labor
supply companies trafficked workers, primarily women and girls, to
American Samoa, where they were employed by a Korean-owned garment
manufacturer, Daewoosa. At year's end, a Korean garment factory owner
and his associates were being prosecuted abroad for using sweatshop
labor performed by a captive workforce of imported Vietnamese (and
other) workers. The Vietnamese workers had entered into contracts with
two state owned labor supply services in the country. Reports alleged
that these workers were subjected to involuntary servitude, debt
bondage, mistreatment, threats, and abuse although no Vietnamese
companies or officials were among the defendants in the criminal case.
As a result of this case, the Government initiated a widely publicized
review of the operations and finances of licensed labor supply
companies, which resulted in the temporary or permanent suspension of
the operating licenses of the two state-owned enterprises that supplied
labor to Daewoosa. The Government brought charges against and convicted
an official from one of those enterprises in relation to the Daewoosa
case.
During the year, the Government increased its efforts to prosecute
traffickers. The law provides for prison sentences of 2 to 20 years for
persons found guilty of trafficking women, and for 3 year to life
prison sentences for persons found guilty of trafficking children. On
July 10, a government decree was issued forbidding the use of marriage
and adoption for trafficking related purposes. A number of traffickers
have been convicted and imprisoned. The Government worked with
international NGOs to supplement law enforcement measures and
cooperated with other national governments to prevent trafficking. It
also cooperated closely with countries within the framework of INTERPOL
and its Asian counterpart.
Official institutions including MOLISA, the Women's Union, the
Youth Union and the Committee for Population, Family and Children had
active programs in place aimed at prevention and victims' protection.
These programs included publicity to warn women and girls of these
dangers, repatriation programs to help female returnees, and vocational
training for teenage girls in communities considered vulnerable to
trafficking in persons. Government agencies worked closely with the
International Organization for Migration (IOM) and a number of
international NGOs to provide temporary shelter, some medical services,
education, credit, counseling, and rehabilitation to returned
trafficking victims. In March government officials held a series of
meetings with Chinese counterparts to improve victim protection and
repatriation processes. Although voluntary commercial sex workers were
subject to criminal sanctions, the Government sought to assist
trafficking victims. Trafficking victims in general were not treated as
criminals, but some women trafficked into prostitution were prosecuted
for prostitution.
Government agencies worked with international NGOs on mass media
campaigns, community outreach visits, distribution of leaflets, and
vocational training in their efforts to prevent trafficking.
EUROPE AND EURASIA
----------
ALBANIA
Albania is a republic with a multiparty parliament, a Prime
Minister, and a President, elected by the Parliament. The Prime
Minister heads the Government; the presidency is a largely ceremonial
position with limited executive power. The Socialist Party (SP) and its
allies won 87 of 140 parliamentary seats in general elections held from
June through August 2001 that were conducted in a peaceful atmosphere.
The Organization for Security and Cooperation in Europe (OSCE) Office
for Democratic Institutions and Human Rights (ODIHR) judged the
elections to have improved over past elections in terms of the conduct
of the campaign; however, ODIHR noted serious irregularities in the
voting process.
Local police units that report to the Ministry of Public Order are
responsible principally for internal security. The military has a
special 120-man ``commando'' unit, which operates in an antiterrorist
role under the Minister of Defense. During times of domestic crisis,
the law allows the Minister of Public Order to request authority over
this unit. The National Intelligence Service is responsible for both
internal and external intelligence gathering and counterintelligence. A
serious problem affecting public order and internal security was the
fact that police officers largely were untrained, ill paid, and often
unreliable. The international community continued to provide training,
advice, and equipment to improve the quality of the police forces;
however, unprofessional behavior and corruption remained a major
impediment to the development of an effective, civilian police force.
The police committed human rights abuses.
The country is in transition from central economic planning to a
free market system; many questions related to privatization, property
ownership claims, and the appropriate regulation of business remained
unresolved. The country continued to experience slow but stable
economic progress; however, approximately 30 percent of the population
of approximately 3.2 million lived below the poverty line, with poverty
greater in rural areas. The official unemployment rate was 16 percent.
With two-thirds of all workers employed in agriculture, mostly at the
subsistence level, remittances from citizens working abroad remained
extremely important, as did foreign assistance. The agricultural sector
accounted for 34 percent of gross domestic product, with industry and
services contributing 13 and 32 percent, respectively.
The Government's human rights record remained poor in many areas;
although there were some improvements in a few areas, serious problems
remain. Police beat and otherwise abused suspects, detainees, and
prisoners. Prison conditions remained poor. The police arbitrarily
arrested and detained persons, and prolonged pretrial detention was a
problem. The judiciary was inefficient, subject to corruption, and
executive pressure on the judiciary remained a serious problem. The
Government occasionally infringed on citizens' privacy rights.
Political interference in the media remained a problem. On at least one
occasion, a government official was linked to a threat against a
journalist. There were a few limits on the right to freedom of
assembly. Violence and discrimination against women and child abuse
were serious problems. Vigilante action, mostly related to traditional
blood feuds, resulted in many killings. Societal discrimination against
religious and ethnic minorities, particularly against Roma and
Egyptians, persisted. Child labor was a problem. Trafficking in
persons, particularly of women and children, remained a serious
problem. Albania was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second Ministerial Meeting
in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed cases of political killings by the Government or its agents.
The Government conducted no further investigation into the March 2001
death in police custody of opposition Democratic Party (DP) supporter
Gjon Gjonaj. Government medical and legal experts ruled Gjonaj's death
a suicide, but his family members and the DP did not accept this
explanation. Three police officials were dismissed in 2001 in
connection with the case.
There was no further action taken to investigate the 2000 killing
of a DP activist in Vlora following a party rally. The Government
completed its investigation into the 1998 murder of DP leader Azem
Hajdari; four suspects were convicted and given sentences ranging from
2 \1/2\ years to life in prison.
Explosions of landmines, placed by the former Yugoslav Army against
the Kosovo Liberation Army in 1998 and 1999, injured three individuals.
The country continued to experience high levels of violent crime.
Many killings continued to occur throughout the country as the result
of individual or clan vigilante actions connected to traditional
``blood feuds'' or criminal gang conflicts (see Section 5). According
to the Ministry of Public Order, more than 29 individuals were killed
in blood feuds, which are based on the medieval Code of Lek Dukagjini
(the kanun), which was practiced by individuals particularly in the
northern part of the country. Under the kanun, only adult males are
acceptable targets for blood feuds, but women and children often were
killed or injured in the attacks. The Albanian Human Rights Group
(AHRG) estimated that 1,400 families were self-imprisoned at home and
that 140 to 400 children were prevented from attending school due to
fear of revenge.
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 actions, and the Penal
Code makes the use of torture a crime punishable by up to 20 years'
imprisonment; however, the police at times beat and tortured suspects.
The three main human rights groups--the Albanian Helsinki Committee
(AHC), the AHRG, and the Albanian Center for Human Rights (ACHR)--
continued to report that police forces nationwide used torture and
inhumane or excessive treatment, but all three reported that the number
of cases decreased during the year. According to the AHRG, most
mistreatment took place at the time of arrest or initial detention.
Police physically abused minors in detention.
In February Alnor Hasa, Chief of Criminal Police in Vlora, detained
and beat Sabaudin Cela. In March Hasa again took Cela into custody;
Hasa and five other police then beat Cela with pistol butts and batons.
The police suspended Hasa from duty and arrested him after complaints
on Cela's behalf from the AHRG and the AHC. The police dismissed Hasa
and held him in pre-trial detention for several months. At year's end,
Hasa reportedly was under house arrest awaiting trial.
In April Ylli Myrto and his fellow Fier policemen beat Feti Kanani
in the town bazaar with fists and batons after stopping him to check
his documents. Fier police referred the case to the prosecutor's
office, and Myrto was fined $750 (100,000 lek) by the district court
for ``arbitrary actions.''
Amnesty International (AI) reported that three brothers in Lezha--
Dede, Zef and Gjoke Pergjini--alleged that police arrested and beat
them in April in reprisal for a dispute with the officers. The People's
Advocate concluded that the brothers had been mistreated. In May the
district prosecutor of Lezha referred the case against the police to
the military prosecutor of Shkodra, where the case was pending at
year's end.
In July the Chief of Criminal Police in Kavaja and a group of his
policemen beat a group of youth during an altercation, reportedly
dragging and kicking them, leaving one boy bleeding and unconscious.
The Chief of Criminal Police was suspended from duty but later
reinstated.
In July Rrapo Xhavara, the police officer accused of beating an 11-
year-old orphan in custody in Saranda in June 2001, was found guilty of
abuse of duty and received a 1 \1/2\ year suspended sentence.
In October Azgan Haklaj, local head of the DP Branch in Tropoja,
filed charges against four Special Forces police officers he accused of
assaulting him during his January 2001 arrest. Although the People's
Advocate and several human rights groups confirmed that Haklaj had been
assaulted by the police, the General Prosecutor's investigation
reportedly was stalled by the law protecting the identity of undercover
policemen.
No action was taken against members of the Republican Guard,
responsible for protecting senior public officials and institutions,
accused of physically assaulting two homosexuals in April 2001.
The prosecution of Col. Edmond Koseni, the Director of Police of
Elbasan District, who was dismissed and arrested in December 2001 for
human rights abuses, remained pending at year's end.
Police officers often were involved in cases of trafficking in
persons (see Section 6.f.).
Most of the country's 13,000-member police force remained largely
untrained despite assistance received from foreign governments. Foreign
governments continued police training programs aimed at improving
technical expertise, operational procedures, and respect for human
rights, and 462 police officers, Judicial Police Officers, and
prosecutors received such training during the year. The Albanian
National Police's Office of Internal Control received authority to
review all police appointments and pursued investigations leading to
the conviction of 16 police officials and the dismissal of 172 for
various degrees of misconduct. However, the overall performance of law
enforcement remained weak. The ACHR was particularly active in
providing seminars and publishing texts to educate the police about the
importance of respecting human rights. In addition to such training,
the Ministry of Public Order updated the Police Academy's curriculum
and trained 113 new officer candidates (17 females, 96 males) during
the year.
Prison conditions remained poor, and overcrowding remained a
serious problem. Lack of space in prisons led to the detention of
convicted criminals in pretrial detention centers rather than prisons,
causing substandard conditions for prisoners and significant security
problems for the police forces. For example, the AHC cited an April
case of a prisoner convicted of serious crimes escaping from a pretrial
detention site. In police detention centers, women sometimes were held
with men; however, women were not held with men in prisons. According
to the Ministry of Public Order, at year's end, 272 convicted prisoners
were being held in police pretrial detention sites rather than serving
their terms in prisons. Additional convicted prisoners were among the
325 persons held in pretrial detention conditions by the Ministry of
Justice.
Approximately 5,000 Albanian prisoners, including some juveniles,
also were held in foreign prisons, primarily in Greece and Italy, due
to overcrowding. The education of these young Albanian prisoners
remained a problem: For instance, there were no classes offered to
these juveniles in Greek prisons.
The country has no juvenile justice system, and children's cases
frequently were presented to judges who had not received any education
in juvenile justice. The ministries of Justice and Public Order
reported that 14 children were serving sentences in Vaqarr prison, the
only prison for juveniles in the country, and 93 were in pretrial
detention centers. Several NGOs noted that in various police pretrial
detention facilities minors often were kept in the same cells as adults
and that sanitary conditions generally were poor.
The Government made progress in addressing prison problems such as
poor facilities and overcrowding. The Government, with international
assistance, financed many improvements, including the ongoing
construction of a 700-inmate prison in Peqin expected to open in 2003.
The Government also opened prisons in Rrogozhina and Kruja and was
constructing another in Lezha.
The Government permitted visits by international human rights
observers; there were no reports of refusals to permit access for
prison inspections by domestic independent human rights monitors. The
Government cooperated with the International Committee of the Red Cross
and with other NGOs.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, the police
arbitrarily arrested and detained persons.
The 1995 Penal Procedures Code sets out the rights of detained and
arrested persons. By law a police officer or prosecutor may order a
suspect into custody. Detained persons must be informed immediately of
the charges against them and of their rights. A prosecutor must be
notified immediately after the police detain a suspect. Within 48 hours
of the arrest or detention, a suspect must appear before a judge in the
presence of the prosecutor and the suspect's lawyer. The judge has an
additional 48 hours to determine whether the suspect may continue to be
detained. Legal counsel must be provided free of charge if the
defendant cannot afford a private attorney; however, this right to
legal counsel is not widely known and police often fail to inform
suspects of it. Access to legal information remained difficult for
citizens, including legal professionals and, at times, judges.
There were numerous cases in which persons were illegally detained
and were unable to contact their private attorneys. In some cases, the
detainees had been interrogated without their defense attorneys being
present. Bail may be required if the judge believes that the accused
otherwise may not appear for trial. Alternatively a suspect may be
placed under house arrest. The court may order pretrial confinement in
cases where there is reason to believe that the accused may flee the
country or pose a danger to society. The Penal Procedures Code requires
completion of pretrial investigations within 3 months. The prosecutor
may extend this period by 3-month intervals in especially difficult
cases. The accused and the injured party have the right to appeal these
extensions to the district court. Lengthy pretrial detention as a
result of delayed investigations remained a serious problem.
In January 2001, the AHC learned that three individuals in a Tirana
prison--Sali Lushaj, Dem Dollapi, and Vlash Ndoi--had been detained
past the legal limits. Lushaj and Dollapi, who claimed to be detained
for political reasons, were charged with participation in an armed
uprising to overthrow the constitutional order. At year's end, the men
remained in detention and their court case remained pending.
A 2001 fact-finding mission by the AHRG to the Vaqarr prison found
overcrowding and a lack of adequate drinking water. The AHRG reported
that juveniles were not isolated fully from adults at the facility and
did not have adequate access to legal assistance. Legally sound parole
requests from juveniles were awaiting court consideration. In March a
convict kept in an isolation cell due to overcrowding committed
suicide.
There were no confirmed cases of detainees being held strictly for
political reasons. The trials of Ekrem Spahia, the Chairman of the
Legality Party, and 12 of his supporters for participation in the
events of 1998 which followed the killing of a DP parliamentarian
remained pending at the Tirana District Court.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, because of political pressure,
intimidation, endemic corruption, bribery, and limited resources, the
judiciary was unable to function independently and efficiently.
The judicial system is composed of district courts of the first
instance, six courts of appeal, military courts of first instance and
of appeal, and the Supreme Court. There also is a separate and
independent Constitutional Court. The Supreme Court hears appeals from
both the district courts and the Courts of Appeal, while the
Constitutional Court primarily reviews those cases involving
constitutional interpretation and conflicts between branches of
government. Constitutional Court justices serve 9-year terms, with
three justices rotating every 3 years. Justices of the Supreme Court
serve for 9 years.
The President heads the High Council of Justice, which has
authority to appoint, discipline, and dismiss judges of the courts of
first instance and of the courts of appeal. Judges who are dismissed
have the right to appeal to the Supreme Court. In addition to the
President, the Council consists of the Minister of Justice, the head of
the Supreme Court, nine judges of all levels selected by the National
Judicial Conference, and three members selected by Parliament.
The President of the Republic appoints the 17 members of the
Supreme Court and the 9 members of the Constitutional Court with the
consent of Parliament. Parliament has the authority to approve and
dismiss the judges of the Constitutional Court and the members of the
Supreme Court, but such decisions must be approved by the
Constitutional Court. According to the law, dismissal may be ordered
based on violation of the constitution, conviction for a crime, mental
or physical incapacity, or commission of an act that seriously
discredits judicial integrity and reputation.
The President appoints the Prosecutor General with the consent of
the Parliament. The President appoints and dismisses other prosecutors
on the recommendation of the Prosecutor General. The President may
dismiss the Prosecutor General on the recommendation of the Parliament.
The March removal of Prosecutor General Arben Rakipi--dismissed without
the opportunity to present a defense--sparked constitutional debate.
Rakipi took the case to the Constitutional Court, but the President
appointed a new Prosecutor General before the Court ruled. The Court
later found Rakipi's dismissal to be a violation of due process,
invalidated his dismissal, and directed Parliament to reconsider the
matter; legal scholars were divided on whether the Court had
jurisdiction in the matter. When Parliament took no action on its
findings, the Constitutional Court referred the case to the Council of
Europe's Venice Commission, which advised that the Court's ruling
should be implemented.
Parliament approves the courts' budgets and allocates funds. The
Judicial Budget Office, a separate, independent body, administers court
budgets, but each court may decide how to spend the money allocated to
it. A board chaired by the Chief Justice of the Supreme Court runs the
Judicial Budget Office; all other board members are judges. The
Ministry of Justice appoints court chancellors and financial managers.
The Ministry of Justice also supervises the Bailiffs' Office, the body
that ensures that civil judgements are enforced.
The Constitution provides that all citizens enjoy the right to a
fair, speedy, and public trial; however, limited material resources in
many instances prevented the court system from processing cases in a
timely fashion. Many court buildings were destroyed in the 1997 civil
unrest; although all have reopened, important records and legal
materials were lost permanently. Long case backlogs were typical, and
resulted in suspects being detained for longer than legal limits (see
Section 1.d.). Defendants, witnesses, and others who do not speak
Albanian are entitled to the services of a translator. Defendants are
entitled to a lawyer, and the Government respected this right in
practice. Under the law, the Government provides lawyers for indigent
defendants. If convicted, the accused has the right to appeal the
decision within 10 days to the Court of Appeals. Tension continued
between the police and the judiciary, despite some improvement in
relations between police and prosecutors, especially outside Tirana.
Each side cited the failures of the other as the reason criminals avoid
imprisonment. The courts accused the police of failing to provide the
solid investigation and evidence necessary to prosecute successfully,
and the police alleged that corruption and bribery tainted the courts.
The Judicial Police are responsible, under the direction of
prosecutors, for developing investigations initially conducted by the
police.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, at
times the Government infringed on these rights. Individuals complained
to the People's Advocate that police typically carried out operations
late at night, at times without proper authorization.
Individuals also reported to the People's Advocate that they were
not adequately compensated for private land taken for public use during
the Communist regime. The Government has not resolved many long-
standing property rights issues and continued to occupy or rent out
buildings to which private individuals have ownership claims recognized
by the courts. In October Parliament passed a resolution calling on the
Government to end this practice.
The Government prohibits female Muslim students from wearing
headscarves in public schools (see Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Law on Fundamental Human
Rights and Freedoms provides for freedom of speech and of the press,
and the media was active and unrestrained; however, there were serious,
fundamental problems with the use of the media for political purposes.
Libel carries criminal sentences. The punishment for libel varies from
a fine to 2 years' imprisonment. Political interference in the media
remained a problem. Publishers and newspaper owners often edited news
stories to serve their own political and economic interests.
Daily circulation of all newspapers was estimated at 76,500.
Political parties, trade unions, and various societies and groups
published their own newspapers or magazines. The opposition media was
active, but was constrained by limited professionalism and lack of
finances. An estimated 200 publications were available, including daily
and weekly newspapers, magazines, newsletters, and pamphlets. At least
2 newspapers were published in Greek in the south of Albania, and 15
Greek papers and magazines were distributed throughout the south. These
dailies and weeklies had very small circulation figures.
The Government's Albanian Radio and Television (RTSh) is the sole
public broadcaster in the country. RTSh consists of a national
television station and a national radio station. National television
broadcasts 17 hours a day and reaches 94 percent of the population.
National television also broadcasts a 2-hour, Albanian-language
regional satellite program that is viewed widely throughout Europe.
National radio broadcasts on two channels--one for 19 hours and the
other for 5 hours per day. National radio operated a foreign language
service that broadcasts in 7 languages, including Greek and Macedonian.
Television is highly influential; it was estimated that up to 80
percent of the public obtain their news and information from
television. Television programming included some responsible
journalism; however, political affiliation was pervasive in
programming. The majority of stations were one-sided in their political
coverage.
Broadcasting issues are governed by the National Council of Radio
and Television (NCRT), a seven-member bipartisan body elected by the
Parliament, with one appointment by the President. In 2000 the NCRT
awarded broadcasting licenses to 2 national television stations, 50
local television stations, 31 local radio stations, and 1 national
radio station. Several broadcasters failed to pay for their licenses or
abide by the regulations governing the licenses; however, these
regulations were enforced weakly.
In January a member of the Durres Municipal Council reportedly
assaulted a journalist from the ruling SP newspaper ``Zeri i Popullit''
after the reporter criticized the Municipality's Department of Public
Service.
In February both the AHRG and AHC issued statements expressing
concerns regarding an anonymous threat against the life of Ylli Rakipi,
editor of the newspaper ``Albania.'' Rakipi reported that he was warned
to stop printing stories critical of the private life of Fatos Nano,
then the SP Chairman and now Prime Minister.
In March the AHRG also expressed concern over reports of violent
threats by the Chief Justice of the Appeals Court of Gjirokaster,
Tomorr Skreli, against the director of the Regional Newspaper ``Dita
Jug,'' Engjell Seriani, over reporting of a court case.
Access to the Internet was available and unrestricted; however, the
Internet was too expensive for most citizens.
The Government did not restrict 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.
The law requires organizers to obtain permits for gatherings in
public places, which the police may refuse to issue for reasons such as
security and traffic. However, there were no reports that such permits
were withheld arbitrarily.
The Constitution provides for the right of association, and the
Government generally respected this right. However, the Constitution
prohibits the formation of any political party or organization that is
totalitarian; incites and supports racial, religious, or ethnic hatred;
uses violence to take power or influence state policies; or is
nontransparent or secretive in character. There were no reports that
this provision was used against any group. A political party must apply
to the Ministry of Justice for official certification and declare an
aim or purpose that is not anti-constitutional or otherwise contrary to
law, describe its organizational structure, and account for all public
and private funds it receives. Such certification was granted
routinely.
c. Freedom of Religion.--The Constitution provides for freedom of
religion and the Government generally respected this right in practice.
According to the Constitution, there is no official religion, and all
religions are equal; however, the predominant religious communities
(Sunni, Bektashi, Orthodox, and Roman Catholic) enjoy de facto
recognition that gives them the legal right to hold bank accounts, own
property and buildings, and to function as legal entities based on
their historical presence in the country. Religious movements--with the
exception of the four de facto recognized religions--may acquire the
official status of a legal entity by registering under the Law on
Associations, which recognizes the status of a nonprofit association
irrespective of whether the organization has a cultural, recreational,
religious, or humanitarian character.
While the Government does not require registration or licensing of
religious groups, the State Committee on Cults keeps records and
statistics on foreign religious organizations that contact it for
assistance.
The Albanian Evangelical Alliance, an association of more than 100
Protestant Churches, complained that it had encountered administrative
obstacles to building churches, accessing the media, obtaining
residence permits, and receiving exemptions from customs duties. The
growing evangelical community continued to seek official recognition as
bona fide religious institutions similar to that enjoyed by the four
main groups.
The Government is secular, and religion is not taught in public
schools. There is no law restricting the demonstration of religious
affiliations in public schools; however, students were not allowed to
do so in practice. The Ministry of Education contended that public
schools in the country were secular and that the law prohibited
ideological and religious indoctrination. Female Muslim students were
not allowed to wear headscarves in public schools. There are 26
religious schools in the country, with approximately 2,600 students.
The Government has failed to return to the various religious
communities all of the properties and religious objects that were
confiscated under the Communist regime in 1967. In cases where
religious buildings were returned, the Government often did not return
the land surrounding the buildings or provide comparable compensation.
In addition, the Government was unable to compensate churches
adequately for the extensive damage that many religious properties
suffered.
The Orthodox Autocephalous Church of Albania complained that it had
difficulty in recovering some religious icons for restoration and
safekeeping and also reported three cases of vandalism at churches in
southern Albania during the year. The Bektashi community also reported
several incidents involving desecration of tekkes (Bektashi places of
worship).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
As a result of significant internal migration, thousands of
citizens no longer have local registration and status, which has led to
a loss of access to basic services such as education and medical care.
In many educational institutions, students must have, among other
documents, an official document from the district authorities that
acknowledges that they are inhabitants of the district. The lack of
these documents prevents many students from attending school. During
the year, the Ministry of Local government began a nationwide project
on citizen registration, financed in part by Italy in the framework of
the Stability Pact. In November the Government enacted three laws on
civil status to improve local registration practices and create a
standardized national identification document.
Citizens who fled the country during or after the Communist regime
are able to return and, if they lost their citizenship, they are able
to have it restored. Citizens born in the country who emigrate may hold
dual citizenship.
The Constitution and a 1998 asylum law provide for the granting of
asylum or refugee status in accordance with the 1951 U.N. Convention
Relating to the Status of Refugees and its 1961 Protocol. The
Government accepts the entry of refugees, does not expel those with
valid claims to refugee status, and works with the international
community to provide housing and support for them. The Government
provides for first asylum. There is an appeals procedure, but it was
not functioning due to government restructuring.
In March the Government revoked the special status for Kosovar
refugees based on improved circumstances in Kosovo. This affected 287
people, almost all of whom immediately applied for asylum. In August
two North Korean nationals sought free passage asylum at the Albanian
Embassy in Beijing, China. The Government successfully cooperated with
international organizations and facilitated the transfer of the two for
permanent asylum processing in the Republic of Korea.
The Government cooperated with the office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and in efforts to strengthen the asylum system.
There were no mass refugee situations during the year.
The UNHCR provided social service support for the refugee community
and coordinated further assistance through a network of NGOs that
provide health care coverage, insurance, and limited training. The
Government's Office for Refugees at the Ministry of Local government
played a key role in facilitating and coordinating the work of these
groups. In May 2001, the UNHCR closed the last refugee camp for
Kosovars.
Organized criminal gangs made the smuggling of illegal immigrants--
Albanians, Kurds, Pakistanis, Chinese, Turks, and others from the
Middle East and Asia--a lucrative business. Due to its proximity--a 90-
minute speedboat ride from Vlora to Bari--Italy remained the preferred
destination. In August the Government mounted a major law enforcement
operation with international assistance against clandestine speedboats,
effectively shutting down the main speedboat route to Italy for illegal
immigrants. Italian military and border patrol squads operated in
various coastal zones of the country in an effort to stop the flow of
illegal immigrants. Individuals who become stranded inside the country
while trying to use this illegal pipeline go through a pre-screening
process jointly run by the Government, the UNHCR, the International
Organization for Migration (IOM), the International Catholic Migration
Commission (ICMC), and the OSCE to determine their status. Of the 199
third country nationals pre-screened during the year, 158 were referred
by police, and 41 sought services voluntarily; 60 of these individuals
requested asylum, 38 voluntarily returned to their home countries, and
the others returned to the countries from which they entered Albania.
The international partners in the pre-screening process recommended
that the Government extend the program to illegal immigrants stopped at
the border.
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 exercised this right in practice
through periodic elections held on the basis of universal suffrage. The
general elections of 2001, which began in June and ended in August,
were deemed by international observers to be an improvement over past
contests; however, some serious irregularities occurred, and problems
worsened during each round of voting. Five rounds of voting, beginning
in June and ending in August, were required to complete the process.
The Council of Europe's Parliamentary Assembly commended political
parties for processing their complaints through internationally
accepted frameworks. The OSCE's ODIHR, which observed the elections,
noted that there was progress in the areas of election administration,
media coverage, and campaign conduct; however, ODIHR's final report
noted that the election process was ``protracted, uncertain, and
fragmented.'' It also noted serious irregularities in the voting
process, including ballot box stuffing; fraud in a limited number of
constituencies; political pressure exercised at times that compromised
the performance of the Central Elections Commission (CEC); inadequate
handling of key elections complaints by the CEC; police interference in
a limited number of instances; and a dubious appeals process,
particularly with regard to the Constitutional Court. In a number of
cases, the courts failed to investigate election appeals fully.
Coverage by the state television station, RTSH, deteriorated after the
first round, favoring the governing party.
During a Parliamentary by-election in a single electoral zone in
Elbasan in December, the opposition Democratic Party raised similar
concerns regarding voter list manipulation, voter intimidation, and
other electoral code violations, but not on the same scale. The CEC,
however, found that the opposition's complaints fell outside its
jurisdiction. The General Prosecutor opened an investigation of
electoral code violations.
There were 8 women in the 140-seat Parliament. The Minister of
Culture, Youth, and Sports and the Minister of Labor and Social Issues
were women. The major political parties have women's organizations, and
women served on their central committees.
Ethnic Greeks--the largest minority group--were represented in the
Government and participated actively in various political parties,
particularly the Human Rights Union Party. There were three ethnic
Greeks in Parliament and one ethnic Greek minister in the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were increasingly cooperative and responsive to their views. There were
several domestic NGOs active in addressing human rights problems.
Despite the assistance of international donors, the work of these
organizations was hampered by a shortage of funds and equipment.
The People's Advocate (Ombudsman)--an institution that became
operational in 2000--investigated inappropriate, inadequate, or illegal
actions on the part of the Government. Although it lacks the power to
enforce decisions, the People's Advocate acted as a watchdog for human
rights violations. Its most common cases included citizen complaints of
police and military abuse of power, lack of enforcement of court
judgments in civil cases, wrongful dismissal, and land disputes (see
Sections 1.c., 1.e., and 1.f.). The caseload of the People's Advocate
office continued to increase as the public became more aware of the
services provided. The People's Advocate enjoyed the political support
of the highest-ranking members of the Government and is authorized to
receive information from all public agencies.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination based on sex, race, ethnicity, or
language; however, discrimination against women and some minority
groups persisted. The AHRG complained that police physically mistreated
the country's small homosexual community.
Women.--Violence against women and spousal abuse remained serious
problems. In the country's traditionally male-dominated society,
cultural acceptance and lax police response resulted in most abuse
going unreported. Rape is punishable by law, as is spousal rape;
however, in practice spousal rape was not reported or prosecuted. The
concepts of spousal rape and sexual harassment were not well
established, and, consequently, such acts often were not considered
crimes by the authorities or the public. A 1999 poll conducted by the
NGO Advice Center for Women and Girls showed that 64 percent of women
surveyed had experienced some form of physical, emotional, or sexual
abuse. Later statistics were not available. The State Committee on
Women and Children is the primary government agency that addresses the
status of women; however, it was underfunded and lacked political
influence.
An NGO maintained a shelter in Tirana for abused women, but the
facility had the capacity to house only a few victims at a time. The
same NGO also operated a hot line that provides advice and counseling
to women and girls.
Many men, particularly those from the northeastern part of the
country, still followed the traditional code--the kanun--in which women
are considered to be, and are treated as, chattel. Under the kanun, a
woman's duty is to serve her husband and to be subordinate to him in
all matters.
The law prohibits prostitution, but it was a problem. Trafficking
in women for the purpose of sexual exploitation remained a serious
problem (see Section 6.f.).
Women were not excluded, by law or in practice, from any
occupation; however, they were not well represented at the highest
levels of their fields. The Labor Code mandates equal pay for equal
work; however, this provision was not fully implemented, although women
continued gradually to gain economic power. Women enjoyed equal access
to higher education, but they were not accorded full and equal
opportunity in their careers, and it was common for well-educated women
to be underemployed or to work outside their field of training. An
increasing number of women continued to open shops and small
businesses. Many women migrated along with men to Greece and Italy to
seek employment.
Various groups such as the Women's Center, the Family Planning
Association, Useful to Albanian Women, the Independent Women's Forum,
Women in Development, the Millennium Coalition, the Women's Advocacy
Center, the Association of Women's Lawyers, Refleksione, and the three
main human rights groups worked to promote women's rights. Some of
these groups successfully promoted public awareness regarding domestic
violence and implementing programs to empower women; however, their
ability to lobby the Government and other prominent individuals to
institute actual change in government policies and practices remained
negligible.
Children.--The Government's commitment to children's rights and
welfare is codified in domestic law. The law provides for the right to
18 years of free education and also authorizes private schools. School
attendance is mandatory through the eighth grade (or until age 18,
whichever comes first). However, in practice many children left school
earlier than allowed by law in order to work with their families,
especially in rural areas (see Section 6.d.). According to a Save the
Children 2000 report, in some rural areas approximately 90 percent of
adolescent girls dropped out of secondary school. The lack of proper
documents--many of which have been lost due to internal migration--
prevented many students from attending school (see Section 2.d.). The
State Committee on Women and Children is responsible for children's
issues; however, it was underfunded and lacked political influence.
According to 2000 statistics issued by the Ministry of Public Order
and the Commission for Reconciliation of Blood Feuds, as many as 400
children remained endangered by blood feuds involving their families
(see Section 1.a.).
Child abuse, including sexual abuse, rarely was reported, but
authorities and NGOs believed that it existed. According to the
Ministry of Public Order, more than 89 cases of sex crimes against
children were reported during the year. Trafficking in children was a
serious problem (see Section 6.f.). In a few cases, criminals kidnaped
children from families or orphanages to be sold to prostitution or
pedophilia rings abroad. Child labor continued to be a problem (see
Section 6.d.).
Various NGOs worked on children's issues, including Useful to
Albanian Women, the Children's Human Right's Center in Albania, and the
Albanian Children's Alliance, which is made up of 150 organizations
across the country. International organizations active in this area
included UNICEF, Save the Children, Caritas, and Catholic Relief
Services.
Persons with Disabilities.--There was some discrimination against
persons with disabilities in employment, education, and the provision
of other state services. Widespread poverty, unregulated working
conditions, and poor medical care posed significant problems for many
persons with disabilities. They are eligible for various forms of
public assistance, but budgetary constraints greatly limited the
amounts that they received. No law mandates accessibility to public
buildings for persons with disabilities, and little has been done in
this regard. In April the Association of Paraplegic and Tetraplegic
Invalids held a hunger strike to call attention to the lack of
government services for the disabled.
National/Racial/Ethnic Minorities.--The Constitution provides for
national minorities' ``pluralism, national identity and inheritance,
and religious coexistence.'' The Constitution also provides minorities
the right to ``freely express, without prohibition or compulsion, their
ethnic, cultural, religious and linguistic belonging'' and the right
``to study and be taught in their mother tongue, and to unite in
organizations and associations for the protection of their interests
and identity.'' A National Minorities Section in the Department of
Prefectures in the Ministry of Local government monitors the
participation of national minorities in policy making both at the local
and national levels. The Office of National Minorities, at the Ministry
of Foreign Affairs, monitors Albania's compliance with international
obligations and commitments as they relate to minority issues.
No recent official statistics exist regarding the size of the
various ethnic communities. The Government omitted questions regarding
ethnicity and religion in the April 2001 census, which caused some
ethnic Greeks to boycott the process. Ethnic Greeks are the largest
minority group. There also are small groups of Macedonians,
Montenegrins, Vlachs, Roma, and Egyptians.
The ethnic Greek minority, led by their cultural association
Omonia, collectively pursued grievances with the Government regarding
electoral zones, Greek-language education, property rights, and
government documents. Minority leaders complained of the Government's
unwillingness to recognize the existence of ethnic Greek towns, such as
Himara, that are not considered part of communist-era ``minority
zones''; to utilize Greek on official documents and on public signs in
ethnic Greek areas; to address effectively crimes committed against
ethnic Greeks, particularly allegations that communal property is being
taken illegally by means of fraudulent documents and in some cases with
complicity of the courts; to ascertain the size of the ethnic Greek
population; and to include a higher number of ethnic Greeks in public
administration. Greek-language public elementary schools were common in
much of the southern part of the country, where most ethnic Greeks
lived. Every village in this zone has its own elementary-middle (8-
year) school in the Greek language, regardless of the number of
students, and Gjirokaster has two high schools. There also is a Greek
chair at the University of Gjirokaster. However, Omonia said that the
ethnic Greeks needed more classes both within and outside the so-called
minority zones. Ethnic Greeks enjoyed access to Greek language media
(see Section 2.a.).
Ethnic Macedonians lived primarily in the Pogradec and Devoll and
the Prespa area bordering Macedonia. Their interests were represented
by Society Prespa. Classes in Macedonian were available to students in
the area. The Macedonian government agreed to provide texts for these
classes free of charge; however, community leaders complained that the
book supply was not adequate. A considerable number of students from
this area study at the universities of Skopje and Bitola.
A small group of ethnic Montenegrins and Serbs lived north of
Shkoder. Persons from this area received scholarships from the
Montenegrin government for their children to study in Montenegro. The
Association of Montenegrins represented Montenegrin interests. There
were no reports of discrimination against ethnic Montenegrins.
Vlachs, also known as Aromanians, speak their own Romanian-related
language as well as Albanian and live primarily in the southern part of
the country. No discrimination was reported by the Vlachs, who were
represented by the groups Armeni-Alban, the Aromanian Association
Voskopoja, and Aefallofisi.
The Roma and the Egyptians were among the most neglected groups in
the country. The Egyptians tended to settle in urban areas and
generally were more integrated into the economy than the Roma. In
addition to widespread societal discrimination, these groups generally
suffered from high illiteracy, poor health conditions, lack of
education, and marked economic disadvantages. The Government officially
recognizes the Roma as a linguistic rather than a national minority,
thus preventing Roma children from qualifying for education in their
native language and perpetuating illiteracy within the community. The
interests of the Egyptians were represented by the Association Socio-
Humanitarian Vllazerimi, the Roma by the Association Amaro Drom, Amaro
Divas, Romani Baxt, and the Group for the Development of Roma Culture.
The Soros Foundation supported various initiatives sponsored by the
Association Amaro Drom, particularly in the field of education.
Section 6. Worker Rights
a. The Right of Association.--Workers have the right to form
independent trade unions, and workers exercised this right in practice.
Two major federations act as umbrella organizations for most of the
country's unions: The Independent Confederation of Trade Unions of
Albania (membership approximately 75,000) and the Albanian
Confederation of Trade Unions (membership approximately 100,000). Both
organizations experienced another drop in membership during the year
due to increasing unemployment. Some unions chose not to join either of
the federations. No union has an official political affiliation, and
the Government does not provide any financial support for unions.
The law does not prohibit antiunion discrimination; however, there
was no such discrimination in practice.
Unions are free to join and maintain ties with international
organizations. Twelve federations, which were part of the Albanian
Confederation of Trade Unions, were members of the International
Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--Citizens in all
fields of employment, except uniformed members of the armed forces,
police officers, and some court employees, have the constitutional
right to organize and bargain collectively, and the Labor Code
establishes procedures for the protection of workers' rights through
collective bargaining agreements; however, labor unions operated from a
weak position, given the country's high level of unemployment. In
practice unions representing public sector employees negotiated
directly with the Government. Effective collective bargaining remained
difficult, and agreements were difficult to enforce.
The Constitution and other legislation provide that all workers,
except the uniformed military, the police, and some court officials,
have the right to strike. The law forbids strikes that are declared
openly to be political or that are judged by the courts to be
political.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution and the
Labor Code prohibit forced or bonded labor, including by children. Some
children as young as 4 years of age were employed, and some children
work as many as 16 hours a day. According to the CRCA, the majority of
child laborers worked as street or shop vendors, farmers or shepherds,
drug runners, textile factory workers, shoeshine boys, or prostitutes
(see Section 5). However, in Tirana and other cities, children--mostly
Roma--worked as beggars or sold cigarettes and other items on the
street; the police generally ignored this practice.
NGOs reported that labor inspectors, who are charged with
investigating child labor complaints, did not give out fines,
penalties, or convictions to those who violate child labor laws (see
Sections 5 and 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code sets the minimum age of employment at 16
years and limits the amount and type of labor that can be performed by
children under the age of 18. Children between the ages of 14 and 16
legally may work in part-time jobs during summer vacation. The Ministry
of Labor may enforce minimum age requirements through the courts;
however, there were no reports that this enforcement took place. The
CRCA estimated that 30,000 to 50,000 children under the age of 18
worked either full or part time.
A March 1998 CRCA study carried out with the Ministry of Education
in 11 cities throughout the country noted that more than 17 percent of
children surveyed had abandoned their studies to work. The State
Committee on Children also noted that there were approximately 800
street children in Tirana. A recent study by the NGO Terre des Hommes
reported 1,000 street children in major Greek cities, of whom
approximately 90 percent were Albanians.
In April the Government ratified ILO Convention 182 on the worst
forms of child labor.
The law forbids forced or bonded labor by children; however, there
were reports that such practices occurred (see Section 6.c.).
e. Acceptable Conditions of Work.--The legal minimum wage for all
workers over the age of 16 was approximately $50 (6,600 lek) per month,
which was not sufficient to provide a decent standard of living for a
worker and family. Many workers looked for second jobs, which were
difficult to find. Remittances from those working abroad were very
important for many families. The law provides for social assistance
(income support) and unemployment compensation, but these were very
limited, both in terms of the amounts received and the number of
persons actually covered. The average wage for workers in the public
sector was approximately $100 (13,200 lek) per month. Persons who
worked and lived in urban areas earned almost 50 percent more than
counterparts in rural areas, and poverty is greater in rural areas.
More than 17 percent of the population lived under the official poverty
line.
No data was available for private sector wages, but they were
considerably higher than in the public sector.
The legal maximum workweek is 48 hours, although in practice, hours
typically are set by individual or collective agreements. Many persons
work 6 days a week. By law overtime pay must be provided and there are
mandated rest periods; however, these were not always observed in
practice.
The Government sets occupational health and safety standards;
however, it had limited funds to make improvements in the remaining
state-owned enterprises and a limited ability to enforce standards in
the private sector. Actual conditions in the workplace generally were
very poor and often dangerous. A number of job-related deaths were
reported in the press during the year, especially in the construction
industry. In such cases, the victims' families did not receive any
financial support from the state social security administration because
the workers often were not insured. The Labor Code lists the safety
obligations of employers and employees but does not provide workers
with the right to leave a hazardous workplace without jeopardy to their
continued employment.
f. Trafficking in Persons.--The law criminalizes trafficking in
persons and provides penalties for traffickers; however, trafficking in
persons, particularly women and children, remained serious problems.
Police corruption and involvement in trafficking was a problem.
A 2001 Criminal Code amendment introduced specific articles on
trafficking that set the following penalties: Trafficking in persons (5
to 15 years in prison); trafficking of women for prostitution (7 to 15
years in prison); and trafficking in minors (15 to 20 years in prison).
The General Prosecutor's office and police did not follow through on
plans to establish an Organized Crime Strike force to handle high
profile and sensitive cases. The lack of prosecution of traffickers
remained a problem. During the year, 17 people were convicted for
trafficking in persons. Traffickers who were arrested often were
released because of insufficient evidence. If prosecuted, they often
were charged for lesser crimes or were given less than the minimum
sentence for trafficking. The absence of a witness protection program
also impeded the Government's ability to build strong cases against
traffickers, although cooperation from the international community led
to the relocation and protection of one witness outside of Albania
during the year. Victims often did not identify themselves as
trafficked persons and were unwilling to testify due to fear of
retribution from traffickers and distrust of the police. Cooperation
between the police and prosecutors remained weak.
Albania is both a source and a transit country for trafficking.
Although the number of Albanians subjected to trafficking to other
countries decreased, the country remained a significant point of
origin. Most trafficked women and young girls were transported to
Italy, Greece, and--to a lesser extent--other European countries, such
as Belgium and the Netherlands. Most of these victims were taken to the
southern port city of Vlora for transport by speedboat to Italy,
although the port of Durres increasingly was a transport point.
Trafficked Albanians increasingly fell into the 14- to 17-year-old
age group; according to the AHRG, 25 percent of Albanian trafficking
victims were minors. Italian census figures in 2000 showed that there
were more than 900 children (girls ages 14 to 18) who worked as
prostitutes in Italy. The press reported several cases involving minors
who were victims of trafficking throughout the year. Children,
including boys, also were trafficked for begging. Such children often
were bought from families and in a few cases kidnaped. The Center for
the Protection of Children's Rights (CRCA) reported that more than
2,000 children between the ages of 13 and 18 were involved in
prostitution rings and that a large number of Albanian children worked
as child prostitutes in Greece.
The country also was a major transit route for trafficked women and
girls, due to weak border controls, corruption, and proximity to Italy;
however, this use as a transit country apparently diminished
significantly during the last half of the year. Foreign women and girls
in transit mostly originate from Moldova, Romania, and--to a lesser
extent--from Ukraine, Russia, Yugoslavia (Kosovo), and Bulgaria. These
victims usually entered the country through Montenegro, passed through
the northern city of Shkoder enroute to the southern port city of
Vlora, where they were transported by speedboat to Italy. However,
Italian authorities reported no clandestine speedboat traffic across
the Adriatic from September to year's end. Other victims were taken
farther south to Greece. Traffickers typically confiscated victims'
documents, physically and sexually abused them, and often forced them
to work as prostitutes before they left Albania. Both Albanian and
foreign women trafficked by Albanian organized crime networks were
abused, tortured, and raped. Traffickers also may threaten their family
members.
Due to the poor economic situation, many women and young girls from
all over the country--particularly Berat, Fier, Lushnje, Shkoder, and
Vlora--were lured by men and women from organized criminal groups who
promised them jobs in Italy and Greece. Some men, primarily in the
north of the country, also married women and girls under false
pretenses and took them abroad as prostitutes. Other forms of
recruitment included promises of marriage, and to a lesser extent, the
selling of victims to traffickers by family members, or kidnapping,
including from orphanages.
The police often were involved directly or indirectly in
trafficking. According to an IOM/ICMC study, 10 percent of foreign
victims reported that the police were directly involved in their
trafficking through the country. Few police or other government
officials were prosecuted. In February a police officer in the city of
Shkrodra was arrested and convicted for his involvement in trafficking
but received only a minimal sentence. Other police officers were
indirectly involved, accepting bribes from traffickers to look the
other way. Lawyers and judges may also be manipulated and bribed,
permitting traffickers to buy their way out of punishment if arrested.
The Ministry of Public Order's Anti-Trafficking Unit within the
Organized Crime Sub-Directorate and an Office of Internal Control paid
particular attention to police involvement in human trafficking. The
Office of Internal Control investigated 31 cases of police involvement
in trafficking in women during the year and 173 cases of police
involvement in trafficking in illegal immigrants.
By year's end, the Ministry of Public Order had fully staffed the
Anti-Trafficking Unit. In August a major anti-trafficking operation
effectively closed down clandestine speedboat traffic to Italy.
Nevertheless, the Ministry of Public Order failed to follow up on high-
profile trafficking and corruption investigations. Local police often
tipped off traffickers when raids were scheduled. On one occasion, a
police supervisor checking on his men found them helping traffickers
with their boats.
In July 2001, the Government established an Inter-Ministerial
Commission on Human Trafficking, which drafted a National Strategy on
Anti-Trafficking, and designated a Minister of State to serve as the
National Anti-Trafficking Coordinator.
In October 2001, the Government inaugurated the Vlora Anti-
Trafficking Center; however, international partners withdrew from the
project, and the center was still not operational at year's end. The
Government's State Committee on Women and Children provided limited
trafficking prevention education; however, this office was underfunded.
National and international NGOs carried out most awareness campaigns.
Police treatment of trafficked women improved dramatically during
the year. Most police stopped treating trafficked women as criminals
rather than victims and routinely referred them to local and foreign
NGOs for assistance. Foreign women who were detained at times lacked
translation services or were not given a choice of lawyers.
Victims of trafficking often faced significant stigmatization from
their families and society. The Government did not offer any assistance
programs to victims, including repatriated victims. The Government did
not provide any psychological counseling services. Several NGOs were
active in addressing victim's needs. In June the IOM opened a shelter
and reintegration center for citizen victims in Tirana; however, given
the scope of the trafficking problem and limited resources to address
reintegration, many victims of trafficking received little or no
assistance.
The Ministry of Public Order provided assistance in referring
foreign victims to a shelter administered jointly by the IOM and the
ICMC. Foreign trafficked victims, if they so desired, benefited from an
interagency referral system, a temporary social assistance program
supported by a group of local NGOs, and a shelter, all organized by IOM
and ICMC. During the year, the program repatriated 33 women.
__________
ANDORRA
The Principality of Andorra is a constitutional parliamentary
democracy. Two Princes with joint authority, representing secular and
religious authorities, have headed the Principality since 1278. Under
the 1993 Constitution, the two Princes--the President of France and the
Catholic Bishop of Seu d'Urgell--Spain serve equally as heads of state,
and each is represented in Andorra by a delegate. In March 2001,
elections were held to choose the 28 members of the ``Consell
General,'' (the Parliament) which selects the head of government.
Domestic elections monitors considered the election to be free and
fair. The judiciary is independent.
The country has no defense force and depends on neighboring Spain
and France for external defense. The national police, under effective
civilian control, had sole responsibility for internal security.
France and Spain influenced the country's market-based economy
significantly. The country had a total population of approximately
66,900. Commerce and tourism were the main sources of income.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
dealing with individual instances of abuse. Violence against women
increased, and there was some discrimination against women in the
workplace. There were some limits on workers' rights. Some immigrant
workers complained that they did not have the same labor rights and
security as citizens in practice, despite legal protections. Andorra
was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life by the
Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Men and
women were held separately, as were juveniles from adults. Pretrial
detainees also were held separately from convicted criminals. The
Government permits visits by independent human rights observers;
however, no such visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Police legally may detain persons for 48 hours without charging
them with a crime. Warrants are required for arrest. The Government
declined to modify the law to provide individuals under arrest
immediate access to an attorney despite a request by the Council of
Europe's Committee for the Prevention of Torture in 2000. Legislation
provides for legal assistance beginning 25 hours after the time of
arrest. There was a system of bail.
The country is party to a network of 47 States with prisoner
transfer agreements, and qualifying prisoners were permitted to serve
their sentences in their own country.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The highest judicial body is the five-member
Superior Council of Justice. One member each is appointed by the two
Princes; the head of government; the President of the Parliament; and
collectively, members of the lower courts. Members of the judiciary are
appointed for 6-year terms.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right in practice.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides citizens with safeguards
against arbitrary interference with their ``privacy, honor, and
reputation,'' and government authorities generally respected these
prohibitions in practice. Private dwellings are considered inviolable.
No searches of private premises may be conducted without a judicially
issued warrant. Violations were subject to effective legal sanction.
The law also protects private communications.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press, including academic freedom.
There were two independent daily newspapers, Diari d'Andorra and El
Peridico de Andorra. There was one radio station and one television
station, which broadcast 16 hours a day.
Internet access was unrestricted, and the Government did not
monitor Internet activity.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The Constitution acknowledges a special relationship between
the Roman Catholic Church and the State, ``in accordance with Andorran
tradition.'' The Catholic Church received no direct subsidies from the
Government.
The Government paid the salaries of teachers who taught optional
Catholic religious classes to students in public schools; the Catholic
Church provided the teachers for these classes.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The law does not provide 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. However, the Government
cooperated with the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. The law does
not specifically provide for first asylum; however, 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.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. There were three political parties: The Andorran
Liberal Party (ALP), the Andorran Democrat Center Party (ADCP), and the
Social Democratic Party (SDP).
Parliamentary elections were held in March 2001, and 81.6 percent
of eligible voters took part. The election ran smoothly, and was
considered to be free and fair by domestic monitors. The ALP, (the head
of government's Party), retained its absolute majority, winning 15 of
the 28 seats in Parliament. The ADCP and the SDP won five and six seats
respectively. A local group won two seats.
Of the 28-member Parliament, four were female, and three women held
cabinet level positions. There were no formal barriers for women in
government and politics, but relatively few women ran for office.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated in the country without government restriction,
investigating and publishing their findings on human rights cases.
Government officials were very cooperative and responsive to their
views. Approximately 10 human rights associations existed in the
country. The most active was the Association of Immigrants in Andorra
(AIA), which defended the rights of foreign residents, and the
Association of Andorran Women (AAW), which actively supported women's
rights (see Section 5). The Red Cross had a presence within the
country.
An Ombudsman received and addressed complaints, some of which were
against the Government's policies.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution declares that all persons are equal before the law
and prohibits discrimination on grounds of birth, race, sex, origin,
opinions, or any other personal or social condition, although the law
grants many rights and privileges exclusively to citizens.
Women.--Observers maintained that violence against women persisted.
The AIA and the AAW received more complaints of physical and
psychological abuse against women than the 30 received in 2001, but
fewer than the 60 complaints filed in 2000. Women suffering from
domestic violence requested help from the AIA and the AAW, but very
rarely filed a complaint with the police. The AIA and the AAW also
reported that domestic violence existed at all levels of society. There
is no specific legislation regarding violence against women, although
other laws may be applied in such cases. Some complaints were
reportedly filed with the police during the year.
The law prohibits discrimination against women privately or
professionally; however, the AAW reported that in practice, there were
many cases of women dismissed from employment due to pregnancy. Women
did not earn equal pay for equal work; observers estimated that women
earned 25 percent less than men for comparable work although this gap
continued to decrease slowly.
The AAW actively promoted women's issues through information
exchanges and limited direct support to those in need; the AAW
collaborated with the Department of Public Health and Social Welfare to
help battered women, single parent families, and others in need.
Despite demands from both the AAW and the AIA, the Government declined
to create a department specifically for women's issues; however, in
June 2001, the Government created a Secretariat of State for the
Family.
Children.--The Government was committed to children's welfare and
provided a universal system of health care and education. The
Secretariat of State for the Family was responsible for promoting
children's welfare. Free, universal public education began at age four
and was compulsory until age 16. The Government provided free nursery
schools, although their number continued to fall short of what was
needed.
There was no societal pattern of abuse of children.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, in education, and in
the provision of other State services, and there were no reports that
such discrimination occurred. Societal discrimination against persons
with disabilities did exist on a small scale.
The law mandates access to new buildings for persons with
disabilities, and the Government generally enforced these provisions in
practice.
National/Racial/Ethnic Minorities.--Spanish nationals were the
largest group of foreign residents, accounting for approximately 41
percent of the population. Other sizable foreign populations included
Portuguese, French, and British. A small but growing group of
immigrants, primarily from North Africa, worked mostly in agriculture
and construction.
Some immigrant workers complained that they did not have the same
labor rights as citizens (see Section 6.e.). In September a law was
passed to give legal status to the approximately 7,000 immigrants
working in the country with no work permits or residence permits. This
law also makes allowances for annual quotas of legal immigrants.
Section 6. Worker Rights
a. The Right of Association.--The Constitution recognizes the right
of all persons to form and maintain managerial, professional, and trade
union associations without prejudice. In 2001 the Government approved a
new registry of associations, and they were gradually registering with
the Government. These include the Andorran Trade Unions' Association, a
group that represented more than 10 unions of workers in government and
the private sector.
In September 2001, a federation workers' association officially was
formed with the aim of regularizing labor relations through dialogue.
It was negotiating with the Government on the drafting of a law for the
protection of workers in trade unions, and to develop a social security
system and labor relations. At year's end, these negotiations remained
ongoing.
Antiunion discrimination is not prohibited under the law, although
there were no reports of such discrimination during the year.
b. The Right to Organize and Bargain Collectively.--The
Constitution states that both ``workers and employers have the right to
defend their own economic and social interests''; however, there was no
law that specifically provides for collective bargaining. Parliament
was charged with adopting legislation to regulate this right in order
to guarantee the provision of essential services; however, it had not
done so by year's end.
Neither the Constitution nor the law states explicitly that strikes
are permitted, and there were no strikes. In spite of government
statements that it tolerates strikes, workers were reluctant to
organize strikes because of the possibility of reprisal since no law
prohibits it.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law does not
prohibit forced and bonded labor, including by children, and there were
no such reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Children under the age of 18 generally were prohibited
from working, although in exceptional circumstances, children aged 16
and 17 may be allowed to work. The Labor Inspection Office in the
Ministry of Social Welfare, Public Health, and Labor is responsible for
enforcing child labor regulations.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The workweek was limited to 40
hours, although employers may require overtime from workers. The legal
maximum for overtime hours was 66 hours per month, and 426 hours per
year. An official minimum wage was set by government regulations,
although other, higher wages may be established by contract. The
minimum wage is $4.66 (5 euros) per hour, and $682 (805 euros) per
month. The minimum wage only provided a bare subsistence standard of
living for a worker and family. The Labor Inspection Office enforced
the payment of the minimum wage.
Workers may be dismissed with 15 days' to 6 months' notice,
depending on how long they have been working for a company. A minimal
indemnification of 1 months' salary per year worked was paid if a
worker was fired without cause. A dismissed worker received
unemployment and health benefits for only 25 days. The Social Security
Office controlled retirement benefits. The Labor Inspection Service
heard labor complaints.
The Labor Inspection Service set occupational health and safety
standards and took the necessary steps to see that they were enforced.
During the year, the Labor Inspection Service filed approximately 200
complaints against companies for violating labor regulations, and it
had the authority to levy sanctions and fines against such companies.
Although the law authorizes employees to refuse certain tasks if their
employers do not provide the necessary level of protection, no
legislation grants workers the right to remove themselves from
dangerous work situations without jeopardizing their continued
employment.
Although the Constitution provides that legal foreign residents are
to enjoy the same rights and freedoms as citizens, some immigrant
workers believed that they did not have the same rights and security.
Many immigrant workers held only ``temporary work authorizations,''
which were valid only as long as the job for which the permit was
obtained existed. When job contracts expired, temporary workers had to
leave the country. The Government prohibited the issuance of work
permits unless workers could demonstrate that they had a fixed address
and at least minimally satisfactory living conditions.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, although the law does provide punishment for traffickers of
illegal workers. There were no reports that persons were trafficked to,
from, or within the country.
The law prohibits trafficking in illegal workers (collusion in or
provision of illegal entry for the purposes of employment), which is
punishable by up to 3 years imprisonment. Rape and forcible sexual
assault are punishable by up to 15 years imprisonment. In the absence
of a specific law on trafficking, certain circumstances could lead to
the application of the rape statute in a trafficking case.
__________
ARMENIA
Armenia has a Constitution that provides for the separation of
powers; however, the directly elected President has extensive powers of
appointment and decree that are not balanced by the legislature or an
independent judiciary. The President appoints the Prime Minister, who
is in charge of the Cabinet. Robert Kocharian was elected President in
a multi-candidate election in 1998 after former President Levon Ter-
Petrossian was forced to resign by his former political allies in the
Government and Parliament. There were flaws and substantial
irregularities in both rounds of the 1998 presidential elections.
Although marred by irregularities, the May 1999 parliamentary elections
and several 2000, 2001, and 2002 by-elections showed continued
improvement over past elections, and Organization for Security and
Cooperation in Europe (OSCE) observers categorized the former as
relevant steps toward compliance with OSCE commitments, but stated that
they still failed to meet international standards. Amendments to the
Electoral Code passed in August addressed a number of long-standing
electoral problems. The majority in Parliament is made up of a
coalition called ``Unity'', which includes the two parties which gained
the most votes in the May 1999 Parliamentary elections, the Republican
Party and the Peoples Party; however, due to political differences
between the Republican Party and the Peoples Party, the Unity coalition
during the year largely ceased to function. The legislature approves
new laws, confirms the Prime Minister's program, and can remove the
Prime Minister by a vote of no confidence. Both the Government and the
legislature can propose legislation. The Constitution provides for an
independent judiciary; however, in practice, judges were subject to
pressure from the executive branch and some were corrupt.
The Ministries of Internal Affairs and of National Security,
jointly are responsible for domestic security, intelligence activities,
border controls, and the national police force. Some members of the
security forces committed human rights abuses.
The transition from a centralized, controlled economy to a market
economy continued to move forward, although the industrial sector did
not function at peak capacity and its output remained low. According to
results of the October 2001 census, the country had a total population
of approximately three million persons. Unemployment remained high, and
there was a high degree of income inequality. Unemployment was
approximately 9.6 percent, according to the Government; however, other
sources estimated the unemployment rate to be approximately 40 percent.
A significant amount of economic activity, unofficially estimated
between 40 and 50 percent, was not captured by government accounting or
taxation. The inflation rate was 2 percent. Almost all small and
medium-sized enterprises have been privatized, as has all agricultural
land. Emigration decreased since 2001, but still remained a problem.
Foreign assistance and remittances from Armenians abroad played a major
role in sustaining the economy; the Central Bank estimated that
remittances from abroad were approximately $300 million.
The Government's human rights record remained poor; however, there
were improvements in some areas. Substantial intervention by local
power structures in the election process in some areas, such as
pressure on voters and ballot-box stuffing, continued to restrict
citizens' ability to change their government peacefully. There were
deaths in the military as a result of mistreatment of recruits. Members
of the security forces routinely beat detainees during arrest and
interrogation. Arbitrary arrest and detention was a problem. The
Government rarely investigated abuses by members of the security forces
and impunity remained a problem. Although prison conditions remained
harsh, since the transfer of the prison system to the Ministry of
Justice, living conditions and prisoner access to families have
improved. Lengthy pretrial detention continued to be a problem. The
judiciary was subject to political pressure and did not enforce
constitutional protections effectively. Authorities did not respect
constitutional protections regarding privacy and due process.
There were some limits on press freedom, mostly due to many
journalists practicing self-censorship. There were some limits on
freedom of association. The law places some restrictions on religious
freedom, including a prohibition against proselytizing by religions
other than the Armenian Apostolic Church; however, this prohibition was
not enforced in practice. The Government continued to deny registration
to Jehovah's Witnesses; 16 members of Jehovah's Witnesses were in
corrective labor facilities for refusing military service and 10 were
under house arrest, while 5 more members were awaiting trial.
The Government placed some restrictions on freedom of movement.
There was some violence against women, and governmental and societal
discrimination against women, persons with disabilities, and religious
and ethnic minorities remained problems. There were a number of street
children. There were some limits on workers' rights because collective
bargaining did not exist. Trafficking in women and girls continued to
be a problem, although the Government took steps to address the issue.
Armenia was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings by the Government or its
agents; however, there were deaths in the military as a result of
mistreatment.
A Presidential bodyguard was found guilty of involuntary
manslaughter and given a light sentence of twelve months' probation for
the 2001 beating death of an Armenian of Georgian citizenship in a
Yerevan cafe. The bodyguard testified at his trial that he had
struggled with the victim, whom he said fell and struck his head on a
sink, causing a fatal injury. The court was criticized by media,
nongovernmental organizations (NGOs), and by opposition parties for not
taking testimony from witnesses who claimed that more than one guard
had struck Poghosian, and for allegedly conducting a cover-up.
There were no deaths in custody during the year; however, there
were a number of deaths due to natural causes in prison (see Section
1.c.).
According to the office of the Military Prosecutor, there were 987
crimes committed in the armed forces during the year, compared to 1,184
in 2001. There were 62 deaths of military servicemen reportedly due to
mistreatment, training related accidents, and illness during the year
(see Section 1.c.). On February 25, a fellow serviceman beat to death
Artem Sarkisian, a 22-year-old soldier in an army detachment in the
city of Vanadzor. Doctors at a local military hospital ruled that
Sarkisian was killed by food poisoning; however, an autopsy conducted
in Yerevan found severe brain and abdominal injuries that most likely
resulted from a violent death. As a result of investigation by the
regional office of Military Procurator, more than 12 individuals were
arrested, including the two soldiers who assaulted Sarkisian, several
officers, and doctors from the local military hospital. On October 21,
the trial of the arrested individuals in a Vanadzor court began, and
was ongoing at year's end.
In August 2001, authorities detained and brought charges against
two servicemen: the commander of the Stepanavan military unit, a
sergeant; and a private, for facilitating the suicide of a junior
sergeant of the Stepanavan military unit, Mkrtich Poghosian, in July of
that year. The case was suspended pending further investigation at
year's end. According to the Procurator General's office, 513 criminal
cases involving 669 servicemen were investigated during the year. Some
of the crimes committed included desertion, hazing, abuse of power, and
embezzlement.
In May 2001, the master sergeant of a military unit in Noyemberian,
Suren Levon Abrahamian, was killed on duty near the village of
Voskehat. A legal case against a fellow soldier was instituted under
Article 100 of the Criminal Code for ``premeditated murder,'' and was
being investigated by the military garrison of the province of Gugark
at year's end. On December 29, the case was sent to court. The main
defendant and a fellow sergeant were found guilty and sentenced to 10
years' imprisonment.
Cease-fire violations by both sides in the Nagorno-Karabakh
conflict occasionally resulted in deaths and injuries to civilians.
During the year, there were a few deaths as a result of landmines,
although reliable statistics were difficult to obtain. Landmines were
used by all sides throughout the Nagorno-Karabakh conflict and
landmines have been laid on the 900-kilometer border line and
territories along the contact line. During 2000 one person was killed
and 12 injured. According to the Procurator General's office there have
been two deaths in the military since 2001 as a result of landmines.
In February 2001, unknown persons shot and killed Arthur
Mnatsakanian, Deputy Chief of Public Affairs of the Customs Department,
in his car. The case was suspended during the year pending new
information.
In September 2001, a grenade explosion killed Gagik Poghosian,
advisor to the Prime Minister and ex-Minister of State Revenues. The
case was suspended pending acquisition of new information at year's
end.
During the year, the trial of seven accused defendants in the
October 1999 terrorist assault on a session of Parliament continued;
relatives of the victims and opposition political parties complained
about the slowness of the court proceedings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The International Committee of the Red Cross (ICRC) reported that
civilian and military personnel on all sides of the Nagorno-Karabakh
conflict continued occasionally to engage in crossborder hostage-
taking, sometimes to win release of a friend or relative held on the
other side but more often for ransom. The ICRC, in coordination with
the OSCE, has facilitated a number of prisoner exchanges.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution and laws prohibit torture; however,
security personnel routinely beat pretrial detainees during arrest and
interrogation, and prosecutors relied on such confessions to secure
convictions (see Section 1.e.).
During the year, the local human rights NGO Helsinki Committee
stated that it had received complaints from homosexuals claiming that
police had threatened them with forced psychiatric examinations. There
were no allegations of any other group being treated in this manner
during the year.
Most cases of police brutality went unreported because of fear of
police retribution. During the year, a few cases of police brutality
were reported after the intervention of local human rights groups. The
Helsinki Association received two complaints from citizens about
beatings at the police precincts of Kanaker-Zeytun district of Yerevan
and at the Department of Internal Affairs of the city of Yerevan.
Impunity of officials who commit such abuses remained a problem. During
2000 there were approximately nine cases of death in custody caused by
beatings and other abuse; however, there were no reports available on
the number of deaths caused by beatings and other abuse at year's end
(see Section 1.a.).
During 2001 ex-defendants and attorneys for the defendants of the
October 1999 killings in the Parliament claimed in the media that they
were being held in inhuman conditions and were beaten during
interrogations. A number of those arrested alleged that they were
mistreated, including being drugged, beaten, and denied sleep for
extended periods of time while in pretrial detention.
The Government did not investigate allegations of abuse by security
services except in rare cases under pressure from human rights groups
and only where death had resulted. In July 2001, the Human Rights
Commission held open hearings on more than 50 complaints of torture by
the Military Prosecutor's Office, which led to the filing of only one
case during the year. Most complaints involved inhumane treatment,
torture, and beatings of service men at the so-called reception and
deployment stations (detention facilities of the military police). The
next week, the Commission held another round of hearings together with
the Military Prosecutor Gagik Jhangirian and Chief of the Military
Police Vladimir Gasparian. Both Jhangirian and Gasparian denied the
claims of torture. Subsequently family members of those killed staged a
protest outside of the office, demanding Jhangirian's resignation.
During the year, the Procuracy investigated 18 cases of torture sent by
the Human Right Commission; some of these had been already sent to
court for prosecution of the accused torturers.
During the year, the Ministry of Defense cited reasons of
``national security'' in declining to provide local NGOs with exact
details on some cases, citing the fact that the country remained
technically in a state of war with Azerbaijan.
Homosexuals complained that police physically and mentally abused
them and demanded bribes; such abuse reportedly increased when
homosexuals were unable to pay police.
The number of deaths of conscripts from training accidents and
physical abuse decreased in 2001, according to government figures.
According to the Defense Minister's statement, 10 percent fewer deaths
were registered in the army during the first 5 months of the year
compared with the same period of 2000; however, 20 percent of military
commanders were dismissed during the year due to numerous violations in
their units. The hazing and beating of conscripts was severe,
particularly for Yezidi conscripts (see Section 5). Persons accused of
homosexuality in the military generally were believed to suffer
beatings and otherwise were physically abused and beaten more severely
or frequently than other recruits. During the year, parents of recruits
killed or injured in the army or prosecuted by the Military
Prosecutor's Office staged several rallies in front of the presidential
office and petitioned both the President and the Human Rights
commission.
Yezidis complained that police routinely failed to respond to
crimes committed against them (see Section 5).
There were reports that corruption by government officials
facilitated trafficking in persons (see Section 6.f.).
Although prison conditions were harsh and medical treatment was
inadequate, according to domestic human rights NGOs, prison conditions
continued to improve during the year. Some facilities were less
overcrowded, food was better prepared, prisoners' rights were codified
in writing and displayed throughout the prisons, and a special
tuberculosis hospital was operational in October. In October 2001,
responsibility for prisons was transferred from the Ministry of
Internal Affairs to the Ministry of Justice. Physical abuse by guards
and other prisoners continued to be a problem. During the year, 11
prisoners died in prison of natural causes. Since a prison visit in
2000, the Commission on Human Rights has been instrumental in improving
the conditions in the main prison in Gyumri. For example, inmates were
able to receive toiletries from family members and were allowed to
engage in activities and hobbies, such as sewing and writing. During
the year, the Commission continued to monitor prison conditions and
mentioned the need for further improvements in management and respect
for prisoners' rights.
Men and women were held separately, and juveniles were held
separately from adults. Convicted criminals and pretrial detainees were
held in different facilities.
The Government permitted domestic human rights NGOs to visit
prisons; however, they do not have access to pretrial detention
facilities. During the year, the Helsinki Association received
permission from the Justice Ministry to conduct monitoring of the
penitentiary system, including prison conditions and prisoners' rights
but not pretrial detention facilities. In some cases, domestic NGOs
still complained of complicated and time-consuming procedures in order
to obtain permits for visits; however, permission for visits by
international observers, such as those from the Council of Europe, was
granted more easily. During the year, several domestic NGOs monitored
prison conditions. The ICRC had free access to detention facilities run
by the Ministry of Interior. In these facilities, the ICRC was able to
visit any prisoner in whom it had an interest, whether housed in
prisons or in local police stations. The ICRC also had free and regular
access to the remaining prisoners of war (POWs) from the Nagorno-
Karabakh conflict in the prison of the Ministry of National Security,
in military police stations, and in Nagorno-Karabakh (see Section
1.d.).
d. Arbitrary Arrest, Detention, or Exile.--The Constitution and
laws prohibit arbitrary arrest and detention, except in cases involving
national security. Arbitrary arrest and detention remained a problem.
Authorities continued to arrest and detain criminal suspects without
legal warrants, often on the pretext that they were material witnesses.
An amendment to the Criminal Code passed in 2001 reduced the length of
time the police have the right to detain suspects without official
charges from 96 to 72 hours. The police frequently imprisoned detainees
without notifying their family members. Often several days passed
before family members obtained information about an arrest and the
person's location. Security agencies often restricted access of lawyers
and family members to prisoners until the preliminary investigation
phase was complete, a process that could last weeks (see Section 1.e.).
Prisoners were allowed access to attorneys (and vice-versa). Access
to prisoners by their families was sometimes a problem. A bail system
does not exist; however, a prisoner may be released to a form of house
arrest if the court is convinced that he will not flee. Although the
revised Criminal Procedure Code has entered into force, the revised
Criminal Code remained under consideration in Parliament (see Section
1.e.). A suspect may be detained for no more than 12 months pending
trial, after which the suspect must be released or tried; however, this
latter provision was not always enforced in practice, and lengthy
pretrial detention remained a problem.
At year's end, 16 members of Jehovah's Witnesses remained in
detention for refusal to serve in the military services and 10 were
under house arrest; 11 were released on parole after serving part of
their sentences, and 5 additional members were awaiting trial (see
Section 2.c.). The Government has sought to reopen prosecutions against
two members of Jehovah's Witnesses convicted on the same charge.
Unlike previous years, there were no reports of armed forces
recruiters detaining persons to compel the surrender of relatives who
evaded the draft or deserted (see Section 1.f.).
During the year, three Armenian and four Azeri POWs were
repatriated; a fifth Azeri POW was granted asylum in a third country.
During the year, the Government allowed ICRC representatives and a
parliamentary investigating committee to visit those detained in
connection with the October 1999 shootings. The detainees also were
permitted contact with lawyers, although their attorneys complained
that their contacts were insufficient and restricted. The lead detainee
in the case, Nairi Hunanian, announced that he was dismissing his
lawyer and taking over his own case.
The Constitution does not address forced exile, but there were no
reports that the Government employed it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the Constitution's provisions do not
insulate the courts fully from political pressure, and in practice,
courts were subject to pressure from the executive and legislative
branches and some judges were corrupt. Lengthy public trials sometimes
were a problem.
The Constitution mandates a three-level court system: The highest
court is the Court of Cassation. There are two lower-level courts, the
Appellate Court and courts of the first instance. First instance courts
try most cases, with a right of appeal to the Court of Appeals, and
then to the Court of Cassation. The Constitutional Court rules on the
conformity of legislation with the Constitution, approves international
agreements, and decides election-related legal questions. It can accept
only cases proposed by the President, by two-thirds of all
parliamentary deputies, or election-related cases brought by candidates
for Parliament or the Presidency. Because of these limitations, the
Constitutional Court could not ensure effective compliance with
constitutional human rights safeguards.
The military legal system operates essentially as it did during the
Soviet era. There is no military court system; trials involving
military personnel take place in the civil court system and are handled
by military prosecutors. Military prosecutors perform the same
functions as their civilian counterparts, and operate in accordance
with the Soviet-era Criminal Code. The Military Prosecutor, who was
also named Deputy Prosecutor General, was in charge of the
investigation into the October 1999 shootings in Parliament. By year's
end, the trial of 11 detainees implicated in the crime continued. The
Military Prosecutor has been strongly criticized by relatives of the
victims and opposition political parties for reported defects in his
investigation of the crime, but had refused demands in 2001 to resign.
The selection of judges is often based on scores on a multiple-
choice test to determine potential judges' fitness under the system,
and on their interviews with the Minister of Justice. The list of
nominations is then approved by the Council of Justice and, finally, by
the President. Judges are subject to review by the President, through
the Council of Justice, after three years; unless they are found guilty
of malfeasance, they are tenured until they reach the age of 65.
Prosecutors continued to greatly overshadow defense lawyers and
judges during trials. Under the Constitution, the Council of Justice,
headed by the President, the Procurator General, and the Justice
Minister, appoints and disciplines judges for the tribunal courts of
first instance, review courts, and the Court of Appeals. The President
appoints the other 14 members of the Justice Council and 4 of the 9
Constitutional Court judges. This authority gives the President
dominant influence in appointing and dismissing judges at all levels.
A commission to amend the Constitution's chapter on the judiciary,
the second such body to undertake this task, has passed the final
package of constitutional revisions, approved by the President, to
Parliament in 2001. Such constitutional revisions must pass both
Parliament and a national referendum. Most of the constitutional
revisions are aimed at removing some of the executive branch's powers
and increasing judicial independence. Parliament had not acted on them
by year's end, although it was announced that the national referendum
would take place in May 2003.
The Criminal Procedure Code does not allow detainees to file a
complaint in court prior to trial to redress abuses committed by the
Prosecutor's Office, the police, or other security forces during
criminal investigations. Witnesses have no right to legal counsel
during questioning while in police custody--even though failure to
testify is a criminal offense--and detainees must obtain permission
from the police or the Procurator's Office to obtain a forensic medical
examination to substantiate a report of torture. Although defense
lawyers may present evidence of torture in an effort to overturn
improperly obtained confessions, and according to law, all such charges
must be investigated, judges and prosecutors routinely ignored such
complaints even when the perpetrator could be identified.
All trials are public except when government secrets are at issue.
Defendants are required to attend their trials unless they have been
accused of a minor crime not punishable by imprisonment. Defendants
have access to a lawyer of their own choosing. The court appoints an
attorney for any indigent defendants who need one. However, during
2001, the Helsinki Association conducted a survey of the courts
together with the International Helsinki Federation, the International
Union of Armenian Lawyers and the Moscow Helsinki Group. According to
their joint report, 38 percent of 50 respondents stated that they were
not provided with defense attorneys during the preliminary
investigation. Reportedly individuals often choose to defend themselves
in court because they had little respect for a defense attorney's
professional skills and ethics.
Defendants may confront witnesses and present evidence. The
Constitution provides that those accused of crimes shall be informed of
charges against them. The constitutionally mandated presumption of
innocence was not always observed in practice, and acquittals were rare
once a case went to trial. Defendants and prosecutors have the right to
appeal; figures released by the Association of Armenian Judges showed
that in 2000, three out of four appeals were turned down by higher
courts. During 2000 563 of 2,266 court rulings were overruled or
annulled.
A Jehovah's Witnesses leader, being prosecuted by the Procuracy for
``leading youth astray,'' was found innocent, and two appeals by the
Procuracy were subsequently denied in September and November 2001; a
sign that judges were becoming more independent; however, the trial of
a presidential bodyguard for the killing of an ethnic Armenian
Georgian, Poghos Poghosian (see Section 1.a.) which ended in the
bodyguard receiving a nominal sentence, was seen by media commentators
as indicating that the courts were still subject to political
influence.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits unauthorized searches and
provides for citizens' rights to privacy and confidentiality of
correspondence, conversations, and other messages; however, the
Government did not always respect these rights in practice. The
security ministries must petition a judge for permission to wiretap a
telephone or intercept correspondence. The judge acting alone must find
a compelling need for a wiretap before granting the agency permission
to proceed.
The law requires that security forces obtain a search warrant from
a judge before conducting a search. Security forces were refused
warrants because of lack of evidence in several cases. In practice
there were charges that searches continued to be made without warrants
in connection with the October 1999 killings in Parliament, the 2000
arrest of Arkady Vardanyan (see Section 2.b.), and the arrest in 2001
of persons demonstrating against the loss by A-One Plus television of
its broadcast frequency (see Section 2.a). The Constitution provides
that the judiciary must exclude evidence obtained without a warrant,
and the judiciary did so in practice.
Unlike previous years, there were no reports that armed forces
recruiters detained persons to compel the surrender of relatives who
evaded the draft or deserted. However, there were credible reports of
improper, forced conscription of ethnic Armenian refugees from
Azerbaijan, who by law are exempt from military service. The parents of
such refugees were reluctant to complain because they feared reprisals
against their sons. Sweep operations for draft-age men no longer
occurred, although police at times maintained surveillance of draft age
men to prevent them from fleeing the country.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and the press; however, while the Government
generally respected freedom of speech, there were some limits on
freedom of the press, and journalists continued to practice self-
censorship. There was no official censorship, publications presented a
variety of views, and the opposition press regularly criticized
government policies and leaders, including the President, on sensitive
issues such as the Nagorno-Karabakh peace process and privatization. To
avoid repetition of the retribution experienced in the past from
powerful officials and other individuals, most journalists continued to
practice self-censorship, particularly when reporting on major cases of
corruption or national security issues.
On December 28, an unknown assailant shot to death the Chairman of
the National Public Television Board, Tigran Naghhdalyan. An
investigation began and continued at year's end.
Newspapers were privately owned with the exception of ``Hayastani
Hanrapetutyun,'' its Russian-language version ``Respublika Armenia''
(joint venture between Parliament and the newspapers' staffs) and
Respublica Armenia. The state printing house and distribution agency
functioned as commercial enterprises, with no visible government
intervention. A private printing house was also set up with foreign aid
and was utilized by some newspapers during the year. Newspapers
operated with extremely limited resources, and none were completely
independent of patronage from economic or political interest groups or
individuals. Because of prevailing economic conditions, total newspaper
circulation was small (40,000 copies, by the Yerevan Press Club's
estimates, or approximately one copy per 85 persons). The few
international newspapers and imported magazines were not censored.
State institutions that previously exerted control over the media
have lost most of their functions. A Department of Information, which
existed as a separate entity for several years, became part of the
Ministry of Culture by year's end. It had no clear purpose beyond
allocating small government subsidies to newspapers and occasionally
interceding with the state-owned newspaper distribution agency to
forward a share of its receipts to the newspapers.
Because many people cannot afford newspapers, television was the
most widely accessible medium. The President's office continued to
influence state television news coverage significantly. The most widely
available of the two state-owned television channels, Public TV of
Armenia, took policy guidance from the Government. It presented mostly
factual reporting but avoided editorial commentary or criticism of
official actions. In Yerevan and major regional media markets, private
television stations offered independent news coverage of good technical
quality. Most of the more than 20 radio stations were private and
independent. The quality of reporting on private radio and television
stations varied, and they were not inhibited from expressing editorial
opinions except by self-censorship. There were no restrictions on
reception of satellite television and other foreign media, and they
were not censored. There was foreign language programming, although the
2000 Law on Broadcast Media limited the percentage of a station's
output that can be in a foreign language.
In April A-One Plus TV, an independent channel whose news reporting
was widely watched and on occasion was critical of the Government, lost
its operating frequency to another company in a tendering process.
Opposition parties claimed the Government silenced the independent
channel because of its criticism; however, President Kocharian stated
that he wanted to see A-One Plus back on the air and that he had sought
compromise solutions that had been rejected by A-One Plus owners, who
were holding out for a solution that would acknowledge the fact that
they had been unfairly treated. The National Broadcasting Board refused
to concede this, stating that the tendering process had been held
strictly in accordance with the provisions of the new 2000 Law on
Broadcast Media, and that A-One Plus had simply not presented the best
tender package. A-One Plus appealed the decision at all levels of the
Armenian judicial system and lost. An appeal to the European Court on
Human Rights was pending at year's end; however, the decisions of that
court are not legally binding in the country.
Since September 2000, the Government has monitored closely the
independent television station Noyan Tapan; the station remained off
the air pending resolution of financial disputes between company
shareholders, the TV channel was taken off the air, and its operating
frequency was subsequently awarded to another company in a 2001
tendering process. In response some members of the National Assembly,
in defense of the station, called for an end to what they called an
``information war'' waged by government authorities. In addition to
having lost its original frequency in 2001, during the year, the State
licensing body turned down Noyan Tapan's application ``due to a missing
specification of a frequency in the application.'' Following the State
licensing body's failure to notify Noyan Tapan about this omission and
to allow ten days for correction as required by the law, the channel
appealed the decision to the Court of First Instance, which on December
2 ruled in its favor. However, on December 17, the Appeal Court set
aside the lower court's decision, but confirmed Noyan Tapan's right to
submit tenders in an additional round of bidding scheduled for 2003.
Opposition parties and politicians generally received adequate news
coverage and access to broadcast media. In the run-up to the 2003
presidential and legislative elections, they have continued to have
free access to media coverage. During the 1999 parliamentary elections,
the coverage of political parties on state television and other media
generally was balanced and largely neutral. Candidates for single-
mandate seats were not entitled to free programming, but there were no
restrictions on paid time.
The process of license issuance for broadcast media is strictly
governed by the 2000 Law on Broadcast Media, which appeared to be
observed in practice, although it was not well understood by some
sectors of the media or public.
During 2001 the Parliamentary Standing Committee on Science,
Education, Culture, and Youth Affairs worked together with the Yerevan
Press Club and the international NGO Internews to bring the Law on
Broadcast Media into compliance with the Constitution. In 2001
amendments were passed by the Parliament and signed by the President.
While the amendments to the law met many previously expressed concerns
by media and human rights groups regarding freedom of the media, it
still contains loopholes that could be used to impose greater control
on the media by government bodies.
Journalists remained cautious in their reporting, particularly
about proceedings in the courtroom, and the range of subjects the
Government considered sensitive for national security reasons was
large. Some members of the press have been granted access to army
facilities and places of detention. However, even in cases where they
had such access, permission for media visits was a prolonged and
cumbersome bureaucratic process.
In October unknown persons threw a hand grenade at independent
journalist Mark Grigorian, causing shrapnel damage to his legs and
chest. No arrests had been made by year's end.
Internet access was not restricted.
The Government generally did not restrict academic freedom;
however, some professors and administrators practiced self-censorship.
There were 75 private institutions of higher education. The curriculum
committee of the Ministry of Education must approve the curriculum of
all schools that grant degrees recognized by the State, seriously
limiting the freedom of individual schools and teachers in their choice
of textbooks and course material; however, in practice, enforcement of
this stipulation was perfunctory. Seventy institutions were licensed,
which gives private institutions equal status with state-run higher
institutions, and 5 were not operating by year's end.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected this right in practice. Permits are required for
demonstrations and marches; however, they were granted routinely.
On May 21, police detained approximately 80 people after opposition
political parties staged a rally protesting against closure of A-One
Plus television. Most were charged with ``participation in public
disorder'' and either were fined or received an administrative sanction
of up to 15 days of detention.
The Constitution provides for freedom of association; however,
there were some limits on this right. There are cumbersome registration
requirements for all political parties, associations, and
organizations. The process of registering an organization is time-
consuming, and the Government has compelled some human rights and
political organizations to revise their bylaws several times in order
to have their registrations accepted; however, none had been denied
registration for legal reasons during the year. No human rights or
political organizations reported problems with registration during the
year.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the law specifies some restrictions on the religious
freedom of adherents of faiths other than the Armenian Apostolic
Church. The law establishes the separation of church and state, but
grants the Armenian Apostolic Church special status as the national
church.
The law requires all religious denominations and organizations to
register with the State Registry Office based on recommendations from
the Cabinet. The State Council of Religious Affairs (CRA), created by
presidential decree in the early 1990s to serve as a point of contact
between the Government and religious groups, was dissolved by
presidential decree in March; it was announced in August that an
advisory body attached to the office of the Prime Minister would
replace it. The advisory body would include representatives of the
Ministries of Defense, Interior, National Security, Culture, and
several other government institutions. The new committee was not
recorded as having formally met prior to the end of the year, although
informal consultations took place.
A religious organization that has been refused registration may not
publish newspapers or magazines, rent meeting places on government
property, broadcast programs on television or radio, or officially
sponsor the visas of visitors. No registered religious group has been
denied reregistration under the law, and all existing registered
denominations have been reregistered annually except the Hare Krishnas,
whose membership is below the membership threshold of 200, and
Jehovah's Witnesses. Members of Jehovah's Witnesses were no longer
denied registration on the grounds that the group does not permit
military service, but rather for ``illegal proselytism.'' The State
Council also alleged that its public preaching created dissatisfaction
and tension in some communities. During the introduction of the Prime
Minister's new advisory committee on religion in August, several
members made statements critical of ``foreign sects'' in general and of
Jehovah's Witnesses in particular. According to the leadership of the
Yezidi community, appeals on their behalf with respect to alleged
discrimination were raised with the previous Council; however, no
response by government officials had been forthcoming.
Members of Jehovah's Witnesses continued to experience difficulty
renting meeting places and reported that private individuals who were
willing to rent them facilities frequently were visited by police and
warned not to do so. A Jehovah's Witnesses official stated that during
the year there were no such incidents because Jehovah's Witnesses held
services exclusively in private houses to avoid confrontations.
The law forbids ``proselytizing'' (undefined in the law), except by
the Armenian Apostolic Church, and bans foreign funding for churches
whose centers are outside the country. This ban has in fact not been
enforced, and all denominations, including Jehovah's Witnesses, were
allowed to advocate their point of view. The ban on foreign funding
also has not been enforced and was considered unenforceable by the
previous State Council on Religious Affairs.
When shipped in bulk, publications of Jehovah's Witnesses were
seized at the border. Although members supposedly are allowed to bring
in small quantities of printed materials for their own use, officials
of Jehovah's Witnesses reported that mail from one congregation to
another, which they said was meant for internal purposes rather than
for proselytizing, still was confiscated by customs officials.
Members of unregistered minority religious organizations are
allowed to bring in small quantities of religious literature for their
own use; however, large shipments by unregistered groups are
prohibited. The law also mandates that religious organizations, except
the Armenian Apostolic Church, need prior permission to engage in
religious activities in public places, to travel abroad, or to invite
foreign guests to the country. Despite these mandated restrictions, in
practice there was no restriction on travel by the religious personnel
of any denomination, including those that were unregistered.
``Nontraditional'' religious groups were viewed with suspicion. On
occasion Yezidi children reported hazing by teachers and classmates.
Some observers reported increasingly unfavorable attitudes towards
Jehovah's Witnesses among the general population, both because they
were seen as ``unpatriotic'' for refusing military service and because
of a widespread but unsubstantiated belief that they pay money to the
desperately poor in order to obtain conversions.
The press reported a number of complaints lodged by citizens
against Jehovah's Witnesses for alleged illegal proselytizing.
Jehovah's Witnesses were the targets of religious attacks and hostile
sermons by some Armenian Apostolic Church clerics. However, in July a
Jehovah's Witnesses official charged by the Procuracy General with
``leading young people astray'' was found innocent in a September 2001
verdict, and two appeals of the case by the Procuracy, including to
Armenia's highest appeals court, were denied.
As a result of the Nagorno-Karabakh conflict with Azerbaijan, most
of the country's Muslim population was forced to leave the country.
Anti-Muslim feeling persisted among the populace, and the few remaining
Muslims in the country kept a low profile. There was no formally
operating mosque, although Yerevan's one surviving 18th century mosque,
which was restored with Iranian funding, was in practice open for
regular Friday prayers on a tenuous legal basis. Although it was not
registered as a religious facility, the Government did not create any
obstacles for Muslims who wished to pray there.
Many members of Jehovah's Witnesses remained in detention, charged
with draft evasion or, if forcibly drafted, with desertion. Sixteen
members of Jehovah's Witnesses remained in detention and ten were under
house arrest. Five members have been arrested and were awaiting their
trials at year's end. Members of Jehovah's Witnesses receiving draft
notices continued to report directly to police and turned themselves in
as draft evaders, rather then await induction to claim conscientious
objector status. Military conscripts who were members of Jehovah's
Witnesses were subject to even harsher treatment than other conscripts
by military and civilian security officials, because their refusal to
serve in the military was seen as a threat to national survival.
Alternative nonmilitary service was not available under current law
to members of Jehovah's Witnesses. The Government promised the Council
of Europe that it would pass an alternative military service law, and
two differing drafts of such a law, one proposed by Parliament's
Military Affairs Committee and the other by the Ministry of Defense,
were presented to Parliament in September.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government placed restrictions on some of these
rights.
The Government does not restrict internal movement, and citizens
have the right to change their residence or workplace freely. However,
citizens must negotiate with a sometimes corrupt and inefficient
bureaucracy to register these changes. In addition, registration of a
residence is difficult, because in order to be registered at a
particular residence, a person must be either the property owner or an
immediate family member of the owner. Special written permission from
the owner of the property, signed by a lawyer, is required to make a
temporary or permanent registration of a non-immediate family member.
The Constitution and laws require that passports be issued to all
citizens except convicted felons; however, in cases of permanent
residents who wish to relocate abroad permanently, an exit stamp may be
denied to those persons who possess state secrets, to those subject to
military service, to those who are involved in pending court cases, and
to those whose relatives have lodged financial claims against them. An
exit stamp is valid for up to five years and may be used as many times
as an individual chooses to travel. Men of military age must overcome
substantial bureaucratic obstacles to travel abroad.
As a result of the Nagorno-Karabakh conflict, particularly within
the period from 1988 to 1994, ethnic minorities on both sides
frequently have been subject to societal and governmental
discrimination and intimidation, often accompanied by violence intended
to drive them from the country. Almost all ethnic Azeris living in
Armenia in 1988--approximately 185,000 persons--fled to Azerbaijan. Of
the 400,000 ethnic Armenians then living in Azerbaijan, 330,000 fled
and gained refugee status in Armenia and Nagorno-Karabakh. As of
November 2001, Armenian officials stated that the number of ethnic-
Armenians in the country during the year was 264,332. The Government,
OSCE, and the United Nations High Commissioner on Refugees (UNHCR) did
not provide numbers or any other information on refugees in Nagorno-
Karabakh.
The National Assembly passed a law on citizenship in 1995 that
provides the right for refugees of Armenian ethnicity to gain
citizenship, provided that they are stateless and have resided in the
country for the past three years. The UNHCR local office reported that
16,259 ethnic Armenian refugees had been naturalized between 1999 and
the end of 2001. By August 6,408 more refugees had acquired Armenian
citizenship. A total of 47,614 refugees in the country had been
naturalized by year's end.
In 2001 the National Assembly amended the 1999 Refugee Law, which
provides 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. During the year, the Refugee Law was again amended
by the creation of temporary asylum, which gives a more determined
status to approximately 12,000 ethnic Armenian refugees from Chechnya
and Abkhazia. The Government cooperated with the UNHCR and other
humanitarian organizations in assisting ethnic Armenian refugees. The
Government provides for first asylum. Border officials had little
training on asylum issues. Since 1999 there has been an established
procedure for the formal recognition of asylum. In some cases, rejected
asylum seekers, denied permission for legal residence, were subjected
to fines for illegal residence when they attempted to depart the
country. However, there were few cases of applications for asylum or
refugee status, since most persons used the country as a transit
country. Between 1999 and 2001, six persons from different countries
were granted refugee status. By August seven more persons had applied
for asylum; three persons from Iran and two from Iraq were granted
refugee status.
During the year, two new laws were adopted to protect refugees'
rights. In July 2001, the National Assembly approved the draft law on
political asylum, which states that political asylum status will be
granted only by the president. According to authorities, no one has
asked Armenian authorities for political asylum since the law was
approved. During the year the National Assembly adopted two new laws
that protect the rights of refugees. The laws were the Law on Legal and
Socio-Economic Guarantees for Persons Forcibly Displaced from the
Republic of Azerbaijan in 1988-1992, and the Law on 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
Serious flaws in the 1998 presidential election continued to
restrict the constitutional ability of citizens to change their
government peacefully. Substantial breaches of the election law
resulted in a lack of public confidence in the integrity of the overall
election process. However, 1999 parliamentary elections and by-
elections in 2000, 2001, and 2002, although marred by some
irregularities, represented a step towards more free and fair
elections. Elections in urban areas like Yerevan generally reported
fewer problems than those in rural areas.
In both rounds of the 1998 presidential elections, OSCE observers
witnessed substantial irregularities. There were unusually high voter
turnouts in certain areas, particularly in the second round, and these
increases corresponded directly to high vote percentages for then-
acting President Kocharian. Based on detailed analyses of the results
tracked by observers in certain districts, it appeared that ballot box
stuffing, discrepancies in vote counts, the presence of large numbers
of unauthorized persons at polling stations, and other fraud practices
perpetrated by local power structures inflated the number of votes for
Kocharian by more than 100,000 votes in the second round. Kocharian won
the second round by approximately 290,000 votes. Some military units
were compelled to vote without exception for Kocharian, and officials
used pressure to encourage a large turnout for the ``official''
candidate. There were no legal consequences for electoral fraud. The
Government pursued only minor violations, and no penalties were
announced. There was no criminal investigation of the amply documented
ballot-box stuffing.
The 1999 parliamentary elections and several by-elections during
1999 and 2000 represented a step toward compliance with OSCE
commitments, but still failed to meet international standards for free
and fair elections. The OSCE's Office for Democratic Institutions and
Human Rights (OSCE/ODIHR) observers voiced most concern over the poor
quality of the voter lists, which were often outdated or inaccurate;
mistakes in registration and voting by military personnel; problems in
the formation of the election commissions and the status of their
members; and the presence of unauthorized personnel in precincts during
voting and counting procedures. Fourteen criminal cases related to
parliamentary election fraud were still under investigation by the
Procurator General's office in 2001. At year's end, four cases had not
been resolved, three had been closed because the perpetrators appeared
to be juveniles, six cases had been closed because the perpetrators
agreed to pay compensation for damages, and one case went to court and
ended in an administrative fine. However, a new case was opened with
regard to the October 20 municipal elections, which remained pending at
year's end. Nonetheless observers from OSCE/ODIHR categorized the 1999
Parliamentary elections as a step towards compliance with OSCE
commitments, and noted improvements in the electoral framework and the
rights of freedom of association, freedom of assembly, and freedom of
expression. In many precincts, election officials, candidates' proxies,
and domestic observers worked together to provide transparent voting
and counting procedures.
The May 1999 elections took place under a new electoral code that
represented an improvement compared with previous legislation and
incorporated some recommendations of international organizations. For
example, the code provides for the accreditation of domestic
nonpartisan observers, and provides for the courts to address electoral
complaints during the campaign rather than after results are announced.
In a July 1999 by-election in Yerevan's Achapniak district,
violence erupted when armed supporters of one of the candidates beat
and opened fire on supporters of another candidate. The Central
Elections Commission (CEC) suspended this vote and declared it invalid.
A criminal investigation resulted in the arrest of 12 persons.
According to the Procurator General's office, all 12 eventually went to
prison for the Achapianak disturbances; of those, 8 were sentenced to
two years each, while the remaining four got probationary terms of 16
to 20 months and were released on probation. Ten of these individuals
were released under the June amnesty. The Achapniak by-election
subsequently was held again--the two candidates involved in the
altercation were removed from the ballot--and took place without
incident.
Several Parliamentary by-elections were held during the year and in
2001. Most of the by-elections were carried out peacefully; however,
after hearing extensive evidence about irregularities in Yerevan's
Arabkir district, the Constitutional court ordered the cancellation of
the results in the May 2000 by-election. The election was held again in
July 2000, and a different candidate won. An appeal by the winner of
the first election was considered but rejected in July 2000 by the CEC.
Two by-elections for parliamentary seats held in May were peaceful
according to observers; however, there continued to be problems with
voter lists. The second-place finisher in a race in Lori province filed
suit, alleging widespread confusion and fraud, and the court agreed and
ordered the results voided and the race re-run. However, in the second
round, only the winner of the first round registered, and he was
declared the winner by default.
In October municipal elections and elections to local governing
councils took place peacefully and without incident. Observers from the
Council of Europe and OCSE characterized them as an improvement over
previous elections. However, some problems remained, including:
Incorrect voter lists to a lesser extent than in previous years,
confusion about proper procedures, particularly in some smaller towns--
alleged pressure of voters by supporters of candidates.
In October 2001, the first national census since the Soviet era was
held. While there were political concerns about the integrity of the
process, whose results were used to create new electoral districts,
foreign observers testified that the methodology used was acceptable
and that the final result, which showed a population slightly over
three million, was accurate in their view.
The National Assembly (Parliament) consists of 131 deputies; under
amendments to the Electoral Code passed this year, 75 are elected on a
proportional basis and 56 on a district-by-district majoritarian basis,
a reversal basis of the proportions in the old law. Regular sessions of
Parliament are held twice a year: The first from mid-September to mid-
December, and the second from early February until mid-June. Given the
large amount of legislative business, special sessions frequently are
called, but may not last more than 6 days. The nominal majority in
Parliament is made up of a coalition called Unity, which includes the
two parties that gained the most votes in the May 1999 Parliamentary
elections: the Republican Party and the Peoples' Party. The coalition
still formally existed but had become largely inoperative after 2000
due to disagreements between the two parties, with the People's Party
usually opposing the Government. The Government has maintained a
majority for most of its proposals by adding to the votes of the
Republicans those of a number of smaller parties such as the ARF/
Dashnaks, Orinats Yerkir, and a large number of independents, including
those in a bloc called the Agro-Technical Peoples' Union. In 2000 this
bloc split and the minority faction renamed itself ``Peoples
Deputies''; however, both factions continued to support the Government.
Some deputies from the Unity coalition left the coalition during 2000
over policy differences, and during 2001 formed the new Republic Party,
which opposed the Government on most issues, and which has reduced, but
not eliminated, Unity's majority. During the year, the Speaker of
Parliament and one deputy speaker formally left the People's Party and
became independents.
Amendments to the Electoral Code, passed in July--in addition to
reversing the percentages of proportional (party list) versus
majoritarian (single mandate) seats--include the following changes:
abolishing the Regional Election Commissions, which had been largely
dormant; mandating that local authorities must update electoral rolls
every six months in addition to just before elections; ordering that
parties which are not represented in Parliament will not be represented
on the CEC; allowing draftees and trainees in the armed forces (but not
officers) to vote in nationwide elections (i.e., in presidential and in
party-list legislative elections, but not single-mandate legislative or
local elections); and providing that members of the CEC appointed by
the President or political parties cannot be removed from office until
30 days after the next election except for just cause. However, a
number of amendments which would have enhanced election transparency
failed. It was also announced that municipal elections would be held on
October 20, that the next presidential election would take place on
February 19, 2003, and that the next legislative general election would
take place in May 2003, possibly at the same time as the referendum on
a proposed package of constitutional amendments.
The executive branch appoints the 10 regional governors (marzpets)
and the mayor of Yerevan. The Constitution gives local communities the
right to elect local authorities. Local elected officials have limited
powers, but were allowed to levy taxes. They were somewhat overshadowed
in practice by the appointed governors, who can remove them from office
but seldom did so. Some local officials were corrupt and subjected to
pressure from superiors.
There were no female cabinet ministers, although there were several
female deputy ministers. Only 4 of the 131 deputies in the Parliament
were female. The population of the country is at least 95 percent
ethnic Armenian, and there were no ethnic minority representatives in
the Cabinet or in the Parliament, although they are not prohibited from
running and have run for office.
Section 4. Governmental Attitudes Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restrictions, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. Public access
to information on human rights cases was adequate, and there was
extensive media coverage of significant court cases; however, civilian
and military prosecutors have been less open since the October 1999
shootings.
Nongovernmental human rights organizations often reported funding
difficulties. During the year, several local NGOs received government
permission to visit detention facilities (see Section 1.c.).
As part of the commitments it made in advance of joining the
Council of Europe (COE), the Government permitted monitoring of its
human rights practices by the COE and reaffirmed this right for the
ICRC, which retained full access to civilian detention facilities. An
office created by the Procurator General in July 2001 to communicate
with international observers was responsive to requests for
information. Information about criminal cases stemming from election
fraud remained incomplete.
Existing electoral law allows local and international observer
organizations to monitor all elections, and such organizations reported
no impediments to their observation of the 1999 elections and the 2000,
2001, and 2002 by-elections (see Section 3).
In 1998 President Kocharian appointed a prominent opposition
politician, Paruyr Hairikyan, to head a new human rights commission
within the President's office. The commission exists essentially as a
reference bureau and has no formal legal powers; however, it has had a
modest impact in persuading authorities to review official actions on
problems ranging from apartment allocations to police behavior, in some
cases winning official reconsideration. The commission refers such
cases to the appropriate agency, but it does not follow up on specific
issues. During the year, the commission was successful in implementing
prison reforms, with the help and support from several of its members.
The commission also visited military units and prisons and held open
hearings on abuses in the army. The commission also visited those
accused in the October 1999 killings, visited the Gyumri jail to check
its condition, and frequently checked on military units to hear human
rights complaints by soldiers. Hairikyan resigned his post as head of
the Commission mid-year and announced his candidacy for president in
the 2003 elections. The Parliamentary Commission on National Security,
Defense and Interior, headed by Vahan Hovhanissian, made regular visits
to military units to hear complaints by soldiers as well.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, gender,
disability, language, or social status; however, cultural and economic
factors prevented women, ethnic minorities, and persons with
disabilities from participating fully in public life.
Women.--There is no specific law banning violence against women and
a few cases of spousal abuse, or other violence against women were
reported during the year; however, such violence is believed to be more
widespread than statistics indicate. According to an opinion poll
conducted in 2000 by a local NGO, 50 percent of Armenian women have
been victims of domestic violence, although other local NGOs claimed
that the percentage is lower. The problem of battered wives is much
more widespread than the Government or local human rights groups would
admit. Many cases were not reported to police because victims were
afraid of physical harm if they did so, fearful that police would
refuse to take action and instead return them to their husbands, or
embarrassed to make ``family matters'' public. Embarrassment and
concerns for family honor made the problem particularly sensitive and
difficult to quantify; women's groups and health professionals also
declined to offer specific figures. The Procurator General's office
stated that 17 women were killed in 2001; however, the office did not
specify how the crimes were committed. Fifty-five women were victims of
rape or killings. Several NGOs exist in the Yerevan and Gyumri areas,
and in Martuni, and provide shelter and assistance to battered women.
By the end of October, the authorities registered 28 cases of rape.
However, observers believe the actual number of rapes to be higher. The
law cites specific punishments for rape. By June 2001, 12 persons had
been convicted for rape. Twenty-seven women were killed, and three were
arrested and charged with homicide.
Prostitution is not illegal, and according to anecdotal evidence,
most prostitutes stopped by police simply are sent to a hospital or
physician for a medical check-up. Although the Criminal Code does not
forbid prostitution itself, operating brothels is prohibited. According
to an investigation conducted by journalists more than 1,500
prostitutes were registered by the police, most of them in the Yerevan
area. A study of Yerevan prostitution conducted by local journalists in
2000 showed that while some operated by telephone, the vast majority of
prostitutes were what is known as streetwalkers, with their ``class''
and desirability defined by the area of the city in which they
operated.
Trafficking in women abroad was a problem (see Section 6.f.).
The law does not specifically prohibit sexual harassment; however,
some articles in the criminal code address different aspects of sexual
harassment. Cases of sexual harassment are not considered to be worthy
of legal action by society.
Men often played a dominant role in many societal institutions,
although among younger persons it was more common for women to take an
active role. Although women have been present in the work force for
several generations, tolerance for broadening their roles or behavior
was low, particularly among older people and in the rural regions. In
the workplace, women received equal pay for equal work, but generally
were not afforded the same professional opportunities given to men, and
often were relegated to more menial or low-skill jobs. The law
prohibits discrimination in employment and hiring because of pregnancy;
however, the extremely high unemployment rate made it difficult to
gauge how effectively the law was implemented. According to official
statistics, women made up 66.4 percent of those officially registered
as unemployed (approximately 90,000) and comprised two-thirds of the
total number of unemployed. In the past, labor unions protected women's
rights in the workplace, at least nominally, but the weakness of unions
has made them less effective (see Section 6.a.). More women than men
were enrolled in university and postgraduate programs. This may in part
be accounted for by the Nagorno-Karabakh situation, which necessitated
a high number of men being in military service, and in part by the
economic situation, which had caused men to emigrate in search of
employment.
Children.--The Government did not have the economic means to
provide fully for the welfare of children. Education is free,
universal, and compulsory through age 14, then optional through age 16
(complete secondary education). Girls and boys received equal
educational opportunities. However, many facilities were impoverished
and in poor condition, and teachers were forced to tutor pupils
privately to supplement salaries that were low and paid irregularly.
Some teachers were known to demand bribes from parents in return for
good or passing grades for their children. Free children's health care
was available for all children through the age of eight for treatment
of some diseases and for emergency care, but often was of poor quality,
and the practice of demanding overt or concealed payment of fees for
medical service continued. In the Yezidi community, a high percentage
of children did not attend school, partly for family economic reasons
and partly because schools lack Yezidi teachers and books in their
native language.
The Government focused its efforts regarding children's rights and
welfare on measures to insulate large families--those with four or more
children--from the effects of the country's poor economic conditions.
The Government directed foreign humanitarian aid programs toward the
most socially vulnerable families and single-parent families.
Despite social programs, the number of street children increased. A
local NGO reported that there were approximately 900 homeless children
during the year and that the number was growing every year; however,
government officials estimated the number of children to be between 600
and 700 (including 300 homeless children in Yerevan). Child abuse of
street children did not appear to be a serious problem. Trafficking in
girls continued to be a problem (see Section 6.f.).
Persons with Disabilities.--The Constitution provides for the right
to social security in the event of disability, and the law provides for
the social, political, and individual rights of persons with
disabilities; however, the Government's enforcement of the rights of
persons with disabilities remained rudimentary. Legal safeguards for
those with psychiatric problems are inadequate to protect patients'
rights. Hospitals, residential care, and other facilities for serious
disabilities were substandard. There was societal discrimination
against persons with disabilities.
Expenditures for the health sector in 2001 increased by 27 percent
(according to official statistics) during the year, and budget
allocations were $33.8 million (approximately 18 billion drams).
However, despite these increases, in 2001 there were no improvements in
the provision of benefits and services to persons with disabilities.
During the year, expenditures decreased by 17 percent to $28 million
(16.1 billion drams). According to official statistics, the social
sector budget, which among other social payments and expenditures
covered the needs for persons with disabilities, was budgeted at $47
million (27 billion drams) in 2001 but this year it decreased by four
percent. According to the Ministry of Social Welfare, in 2001
approximately $7.4 million (400 million drams) was directed towards
support for persons with disabilities, which included pensions,
prostheses, and wheelchairs. The amount represented approximately 32
percent of the Ministry's budget, and remained at approximately the
same level this year.
The law as well as a specially mandated government decree have
special provisions that require accessibility in buildings for persons
with disabilities; however, in practice very few buildings and other
facilities were accessible to persons with disabilities.
National/Racial/Ethnic Minorities.--The population was
approximately 95 percent ethnic Armenian. The Government did not
discriminate against the small, officially recognized ``national''
communities, although the economic and social situation of such groups
has deteriorated substantially since independence in 1991. The
Government included in the category of ``national'' communities were
Russians, Ukrainians, Belarusians, Jews, Kurds, Yezidis, Assyrians,
Georgians, Greeks, and Germans. As a result of the Nagorno-Karabakh
conflict, there was no significant Azeri minority (see Section 2.d.).
Several hundred Azeris or persons of mixed Azeri heritage still living
in the country maintained a low profile in the face of societal
discrimination.
The Constitution grants national minorities the right to preserve
their cultural traditions and language, and the law provides linguistic
minorities with the right to publish and study in their native
language. There were token publications in minority languages, but the
Government devoted minimal resources to maintaining minority language
schools. The large network of Russian-language schools has diminished
significantly. In practice virtually all students, including members of
the Yezidi and Greek communities, attended Armenian-language schools,
with very limited classes available in their native tongues.
Yezidi leaders continued to complain that police and local
authorities subjected their community to discrimination. The Yezidis,
whose number had been estimated at 20,000 by Yezidi leaders (down from
60,000 Yezidis registered in the 1988 population census, due to
emigration) speak a Kurdish dialect and practice a traditional, non-
Christian, non-Muslim religion with elements derived from
Zoroastrianism, Islam, and animism. Yezidi leaders cited numerous
incidents of unfair adjudication of land, water, and grazing disputes,
nonreceipt of privatized agricultural land, an unusually high number of
beatings of Yezidi conscripts in the army, and lack of police response
to serious crimes committed against Yezidis by other citizens (see
Section 1.c.). The Yezidi complaints likely reflected societal
discrimination as well as the more general problem of poorly
functioning local and central government bodies, particularly regarding
national minorities. Members of the Yezidi Community also tried to
address their grievances with the State Commission on National
Minorities, but subsequently claimed that all their attempts have been
ignored.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides employees
with the right to form and join trade unions although it stipulates
that the right to form associations, including political parties and
trade unions, may be limited for those persons serving in the armed
services and law enforcement agencies. In practice, labor organization
remained weak because of high unemployment and the weak economy. The
absence of active unions and of accurate employment data precluded a
reliable estimate of the percentage of the workforce that is unionized.
Unions are free to affiliate with international organizations;
however, none had done so at year's end.
b. The Right to Organize and Bargain Collectively.--Although the
Law provides for the right to organize and bargain collectively,
collective bargaining was not practiced. Voluntary and direct
negotiations did not take place between unions and employers without
the participation of the Government, because many large employers
remained under state control.
The Government encouraged profitable enterprises to establish their
own pay scales. Factory directorates generally set the pay scales
without consultation with employees. Labor disputes were arbitrated in
regular or economic courts.
The Constitution provides for the right to strike; however, workers
had neither the financial resources to maintain a strike nor
enforceable legal protection against retaliation, and existing unions
played a relatively passive role.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution and the
law prohibit forced and bonded labor, including by children, and there
were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--According to the law, 16 years is the minimum age for
employment. Children may work from the age of 14 with the permission of
a medical commission and the relevant labor union board. The law was
enforced by local community councils, unemployment offices, and, as a
final board of appeal, the courts. Children under the age of 18 are not
allowed to work in difficult or dangerous jobs, night labor, or jobs
that require over six hours of work per day, although children 16 years
of age or older may apply for waivers in the latter two cases.
According to the Ministry of Social Welfare, some children up to
the age of 12 years were involved in family businesses, as well as some
other business activities such as agriculture where such activity is
not forbidden by law. Children are forbidden specifically from engaging
in arduous, or dangerous employment, even if it is their family's
business, without permission by the Ministry of Social Welfare. The
Ministry granted such permission only on a case-by-case basis and only
for children 12 years of age or older.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The Government sets the minimum
wage by decree. The monthly minimum wage was $9 (5,000 drams) and was
insufficient to provide a decent standard of living for a worker and
family. The majority of the population (approximately 54.7 percent)
lived below the poverty line of $2 (480 drams) or less income per day,
and approximately 23 percent of the population were considered
extremely poor (at less than $1 a day, or 590 drams a day) as a result
of economic dislocations caused by the breakup of the Soviet Union, the
1988 Spitak earthquake, the conflict in Nagorno-Karabakh, and
disruptions in trade resulting from a blockade by Azerbaijan and
Turkey. A significant amount of economic activity, as much as 40
percent, took place without being recorded or taxed by the local
authorities. The extent to which this affected the overall economic
situation was unknown; however, a substantial number of poor persons
and a small wealthy elite existed in the country.
The majority of industrial enterprises either were idle or operated
at a fraction of their capacity. Some furloughed workers continued to
receive minimal partial compensation from their enterprises, but most
no longer received any payment if they were not working. Under the law,
if an employee loses his or her job, two month's salary must be paid as
compensation.
The standard legal workweek was 40 hours; however, many persons
worked multiple jobs in order to provide for basic necessities. The law
provides for annual and sick leave; however, there were no mandated
rest periods. Compensation for overtime work was required; the amount
depended on the position and type of employment.
The Constitution provides citizens with the right to clean and safe
workplaces. Soviet-era occupational and safety standards remained in
force; however, in practice conditions were inconsistent. Labor
legislation places responsibility on the employer and the management of
each firm to ensure ``healthy and normal'' labor conditions for
employees, but it provides no definition of these conditions. Workers
were reluctant to complain or remove themselves from hazardous working
conditions as they risked losing their jobs.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons specifically, although it does prohibit exploitation by
force of persons for financial gain; trafficking in women and girls
abroad for prostitution was an increasingly significant problem. There
were reports that corruption by government officials facilitated
trafficking.
There is no specific law prohibiting trafficking in persons,
although traffickers may be prosecuted under different articles of the
Criminal Code: For example, illicit seizure of non-property documents
(passports or other personal documents), as well as illicit use of
these documents, may be punished by imprisonment up to a year;
falsification and selling of documents, by imprisonment up to five
years; pandering, by imprisonment up to five years; bogus marriage and
bogus divorce with mercenary ends or other reasons, by imprisonment up
to a year; extortion (coercion of a person, or coercion by publishing
compromising information about a person), by imprisonment from two to
four years; and coercing of a woman to perform sexual intercourse by a
person on whom this women is financially (or economically) dependent by
imprisonment up to seven years. By year's end, legislation pending
before Parliament would ratify the U.N. Protocols on International
Crime and Trafficking in Persons and would provide for prosecution of
those engaging in such practices for profit. The criminal code
specifically prohibits keeping brothels, although prostitution itself
is legal. By October there had been 22 indictments for procuring. By
year's end, 19 of these were under investigation; 3 were closed for
lack of evidence; and 1 was being jointly investigated with German law
enforcement bodies.
Police officials announced the investigation of numerous cases of
procuring prostitutes but stated that they were unable to arrest the
main offenders because they resided in the Middle East rather than in
the country. An extradition treaty with the United Arab Emirates was
signed this year. There have been few cases in which traffickers were
prosecuted. Some officials from the Ministry of Interior complained
that courts easily acquitted procurers or sentence them to only minor
administrative punishment and fines. In addition, victims usually were
the main witnesses and were often reluctant to come forward out of fear
of violent retaliation. Reliable information on trafficking has been
difficult to obtain.
Armenia was a country of origin for trafficking, which represented
more of a problem than the Government and women's organizations have
until recently been willing to acknowledge openly. Although specific
information on trafficking was difficult to obtain, an International
Organization for Migrations (IOM) report estimated that every year
approximately 700 women and girls are trafficked, primarily to act as
prostitutes, to the United Arab Emirates and other Gulf States, as well
as to Turkey, Russia, Germany, Greece, and other European countries.
Women primarily were trafficked from the Yerevan, Gyumri, and Vanadzor
areas of the country. An IOM report released during the year stated
that of 59 women and girls returned to the country, 43 were trafficked.
Young women and girls from socially vulnerable groups all over
Armenia and Nagorno-Karabakh were the primary targets of traffickers.
Trafficked persons often were lured by jobs abroad offered through
recruiters and informal channels, tourism firms and some media.
Reportedly, there were cases in which older girls from orphanages and
poor families were sold to wealthy men in Dubai. An orphanage run by a
religious group reported that older girls have been approached by
relatives urging them to ``earn their share'' for the family by
engaging in prostitution. However, most parents and relatives were
convinced that they were sending such children to work in the UAE or
elsewhere as models, dancers, waitresses, or domestic servants.
Traffickers themselves were often ex-prostitutes or pimps who have
already established ``good working contacts'' in the country of
destination. They were well organized, have connections with local
authorities and were supported and protected by criminal gangs. Most
potential victims were approached by persons whom they personally know
(friends of friends, relatives of relatives, neighbors, etc.), or by
travel agencies. Most often, recruiters told victims that they would be
working as babysitters, waitresses, or cleaning ladies. Only a few of
the victims knew before departure that they would work as prostitutes,
but even these did not realize that they would have their documents and
money confiscated and that they would be pressured to receive numerous
clients every day to maximize their employer's profits. To tighten
control over their ``staff'' procurers threatened to burn victims'
passports or to informed police about their ``business.''
Some NGOs and experts insisted that local police officers, border
guards and customs officers were involved in trafficking by accepting
bribes from traffickers in exchange for tolerating their business.
According to international NGOs, the Government appeared to be
focusing more on prostitution within the country than on trafficking of
victims abroad. However, the Government has begun to acknowledge and
take action on the problem.
There were no trafficking prevention programs run by the
Government. The Government indicated to IOM that Armenia would join the
U.N. Convention on Transnational and Organized Crime and two U.N.
Protocols to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children by the end of the year. In November 2001,
the Government acceded to the convention and two protocols. Upon
ratification the protocols automatically would supersede all previous
trafficking-related laws. Armenian law enforcement authorities and the
Procuracy General cooperated with foreign countries in particular cases
when assistance and information exchange were necessary, including
trafficking cases.
There were also some women's NGOs that raised public awareness of
this problem and obtain funding for assistance programs. However, as of
midyear there were no NGO-sponsored assistance programs to provide
counseling and assistance for victims. The Government's Office of
Refugees and Migration operated a hotline and produced a journal giving
information on traveling abroad, and a gender-working group chaired by
the Minister of Social Welfare participated in discussing methods of
prevention. There were also public service announcements aired on
national television. In September the Government formed an interagency
working group, which, in October, became the formal Interagency
Commission on Human Trafficking, and has cooperated with several
international groups, particularly OSCE, IOM, UNICEF, UNDP, as well as
local NGOs. These efforts focused on three areas: Increasing public
awareness of the problem and warning young women and girls of the
strategies used to lure them into prostitution; increasing awareness of
the problem among law enforcement agencies as well as the prosecution
of traffickers; and working with social agencies to provide care and
treatment for victims of trafficking.
__________
AUSTRIA
Austria is a multiparty parliamentary democracy in which
constitutional power is shared between the popularly elected President
and the 183-member Parliament. Citizens choose their President and
representatives in periodic, free, and fair multiparty elections. In
1998 President Thomas Klestil of the Austrian People's Party (OVP) was
elected to a 6-year term. In parliamentary elections in November, the
OVP received a plurality and began negotiations with the other parties
to form a government. The judiciary is independent.
The civilian authorities were subject to the effective control of
the executive and judicial authorities. The national police maintain
internal security, and the army was responsible for external security.
The police were well trained and disciplined; however, there were
reports that police committed some human rights abuses.
The country's highly developed, market-based economy, with its mix
of technologically advanced industry, modern agriculture, and tourism,
affords the approximately 8.1 million citizens a high standard of
living. The per capita gross national product (GDP) was $23,328 in
2001. GDP grew by approximately 1 percent during the year; there were
no serious inequalities in the distribution of income.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were some
reports of abuse by police, which involved occasional beatings but
mainly involved verbal abuse, threats, and harassment. Foreign
observers criticized the strict application of slander laws as
detrimental to press reporting. There was some governmental and
societal discrimination against members of some nonrecognized religious
groups, particularly those considered to be sects. Violence against
women was a problem, which the Government took steps to address.
Interior Ministry statistics for the year showed a similar number of
neo-National Socialist, rightwing extremist, and xenophobic incidents
as the previous year. Trafficking in women for prostitution remained a
problem, which the Government took steps to combat. Austria was invited
by the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In May 1999, an unsuccessful Nigerian asylum applicant died while
being deported; his hands and feet were cuffed and his mouth was taped
shut to control his violent behavior. The three police officers
involved in the death were given suspended 8-month sentences for
negligence in the death of a person under dangerous circumstances (see
Section 2.d.).
The request by the Justice Ministry for the extradition of
terrorist Illich Ramirez Sanchez (alias ``Carlos the Jackal'') from
France has been pending since 1994. Sanchez is wanted on charges of
manslaughter, kidnaping, and blackmail in connection with the terrorist
attacks at the Organization of Petroleum Exporting Countries' (OPEC's)
headquarters in Vienna in December 1975. During the year, there was no
progress in efforts to secure Sanchez's extradition.
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 occasional reports that at times police beat and otherwise abused
persons. Government statistics for 2001 showed 1,174 complaints against
federal police officials; of those, 1,158 were dropped. One officer was
convicted of using unjustified force; 74 cases were pending at year's
end. Types of abuse ranged from slander to kicking and hitting, which
resulted mainly in bruising. Some of the violence appeared to be
racially motivated. An Interior Ministry survey conducted in 2000 on
the ``ethics of police conduct'' revealed that half of the 2,000
policemen interviewed stated that they would not report their
colleagues in cases of misconduct.
Nongovernmental organizations (NGOs) and other groups continued to
criticize the police for targeting minorities. In 2001 the European
Commission Against Racism and Tolerance released a report that was
critical of police treatment of black Africans (see Section 5). During
the year, the Interior Ministry's racial sensitivity training programs
for police and other officials continued to be conducted with NGO
assistance (see Section 5).
In 1999 the Interior Ministry created a committee to ensure that
the police and gendarmerie respected human rights while carrying out
their duties. Since its founding, the committee has issued 6 reports,
including 222 recommendations regarding the improvement of human rights
in the country (see Section 2.d.). The Government adopted many of the
Committee's recommendations; for example, the publication of the
Committee's report on deportation led to a reform of the Government's
deportation procedures.
In March U.N. authorities detained a U.N. peacekeeper serving in
Kosovo for beating and threatening to kill a man in police custody in
Kosovo. The suspect was accused of hitting an Albanian detainee in the
stomach and forcing him to dig a hole for his grave. After the
incident, a public prosecutor in Kosovo applied to have the suspect's
immunity lifted. Before a decision could be made and before the case
could be investigated, the suspect was repatriated to Austria for
health reasons. Subsequently, his immunity was lifted, and the
Government of Kosovo has requested the suspect's extradition back to
Kosovo for trial. The U.N. Special Representative of the Secretary
General for Kosovo, Michael Steiner, heavily criticized the Government
for its intervention. The Government was investigating the case at
year's end.
Prison conditions generally met international standards, and the
Government permitted visits by independent human rights observers. Male
and female prisoners were held separately, as were adults and
juveniles. Pretrial detainees were held separately from convicted
criminals. The Government permits prison visits by independent human
rights observers.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
respected these prohibitions.
In criminal cases, the law provides for investigative or pretrial
detention for up to 48 hours; an investigative judge may decide within
that period to grant a prosecution request for detention of up to 2
years pending completion of an investigation. The grounds required for
such investigative detention are specified in the law, as are
conditions for bail. The investigative judge is required to
periodically evaluate an investigative detention. There is a system of
bail.
The law prohibits forced exile, and the Government does not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respects this
provision in practice.
The Constitution provides that judges are independent in the
exercise of their judicial office. Judges cannot be removed from office
or transferred against their will. There are local, regional, and
higher regional courts, as well as the Supreme Court as the court of
highest instance. While the Supreme Court was the court of highest
instance for the judiciary, the Administrative Court acted as the
supervisory body over the administrative branch, and the Constitutional
Court presided over constitutional issues.
The Constitution provides for the right to a fair trial and an
independent judiciary generally enforced this right. The system of
judicial review provides for extensive possibilities for appeal. Trials
must be public and must be conducted orally. Persons charged with
criminal offenses were considered innocent until proven guilty.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, the
Government generally respected these prohibitions in practice, and
violations were 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 the press, and the Government generally respected
these rights in practice; however, the strict application of slander
laws tend to discourage reports of police brutality, and foreign
observers--including the European Court of Human Rights--criticized the
use of libel procedures to protect politicians, which they argue
hampered freedom of speech and the press. For example, since 1986 Joerg
Haider, Governor of Carinthia and former Freedom Party (FPO) national
leader, engaged in over 350 libel suits against media outlets and
individuals. A conviction for libel by a criminal court cannot be
appealed to the Supreme Court. Publications may be removed from
circulation if they violate legal provisions concerning morality or
public security, but such cases were extremely rare.
In 2000 several FPO politicians were accused of paying police
officers to obtain confidential information in order to discredit
opponents of the FPO. In September former FPO Trade Unionist Joseph
Kleindienst and former Vienna FPO Secretary Michael Kreissl both
received suspended sentences of 6 months each. Kreissl appealed the
decision. Critics claimed that justice authorities did not actively
pursue the investigation due to the involvement of politicians
connected with the Government.
The small print media consisted of 16 daily newspapers, 6 of which
received special subsidies from the Government. One company Newsgroup
controlled 55 percent of the market in daily newspapers and 70 percent
of the magazine market. This market concentration has led to complaints
of a print media monopoly. The country's largest daily newspaper also
owned shares in private nationwide radio stations. All newspapers were
independent. There were 50 commercial and 12 noncommercial radio
stations. By year's end, 75.5 percent of citizens listened to radio
stations operated by the state-owned public broadcasting system, and
19.9 percent listened to private stations. In August 2001, Parliament
passed the Private TV Act and the Austrian Broadcasting Corporation
(ORF) Reform Act. These acts established a new media regulatory body
known as KOMM Austria to prepare for the introduction of private
television stations. The first private cable station, ATV, went on the
air in January 2000. It held a market share of approximately 4 percent.
The new legislation requires private broadcasters to lease transmitter
stations from ORF, although it does not specify the price of the lease
or the time frame for concluding a leasing agreement. Private
broadcasters criticized ORF for hindering the private television market
by not concluding such leases.
Access to the Internet was unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. However, the Law on the
Formation of Associations states that permission to form an
organization may be denied if it is apparent that the organization
would pursue the illegal activities of a prohibited organization, such
as Nazi organizations; there were no such denials during the year.
Regular peaceful demonstrations against the OVP/FPO government
continued throughout the year.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
Religious organizations may be divided into three different legal
categories (listed in descending order of status): Officially
recognized religious societies, religious confessional communities, and
associations. Religious recognition under the law has wide-ranging
implications, such as the authority to participate in the mandatory
church contributions programs, which can be legally enforced; to engage
in religious education; and to bring in religious workers to act as
ministers, missionaries, or teachers. Under the law, religious
societies have ``public corporation'' status. This status permits
religious societies to engage in a number of public or quasi-public
activities that are denied to other religious organizations. The
Constitution singles out religious societies for special recognition.
The Roman Catholic Church was the predominant church in the
country. Approximately 78 percent of the population belonged to this
church. There were 11 other officially recognized religions. The law
also allows nonrecognized religious groups to seek official status as
confessional communities without the fiscal and educational privileges
available to recognized religions. Confessional communities must have
at least 300 members, and once they are recognized officially as such
by the Government, they have juridical standing, which permits them to
engage in such activities as purchasing real estate in their own names
and contracting for goods and services. A religious organization that
seeks to obtain this status is subject to a 6-month waiting period from
the time of application to the Ministry of Education and Culture. The
law also sets out additional criteria for eventual recognition such as
a 20-year period of existence as a religious society, at least 10 of
which must be as a group organized as a confessional community and
membership equaling at least two one-thousandths of the country's
population. Many religious groups and independent congregations did not
meet the 300-member threshold for registration as a confessional
community.
There were 11 religious groups that have constituted themselves as
confessional communities according to the law. After initially filing
for confessional community status, the Church of Scientology and the
Hindu Mandir Association withdrew their applications in 1998. A
decision on the application of the Sahaja Yoga group was pending before
the Constitutional Court at year's end. Numerous religious groups not
recognized by the State, as well as some religious law experts, dismiss
the purported benefits of obtaining status under the law and have
complained that the law's additional criteria for recognition obstruct
claims to recognition and formalize a second-class status for
nonrecognized groups. Experts have questioned the law's
constitutionality.
In 2001 Jehovah's Witnesses filed an appeal with the Administrative
Court, arguing that the 10-year period of existence required under the
law to be recognized as a religious group is illegal on administrative
grounds. In 1998 they also filed a complaint with the European Court
for Human Rights, arguing that the group had not been granted full
status as a religious entity under the law, despite having made
numerous attempts for more than 2 decades. Decisions in both cases
remained pending at year's end.
Religious organizations that do not qualify for either religious
society or confessional community status may apply to become
associations. This status is granted relatively freely.
The Government continued its information campaign against
unrecognized religious sects that it considered potentially harmful to
the interests of individuals and society, although the Ministry for
Social Security and Generations was no longer issuing its brochure on
nonrecognized religious groups. The Federal Office on Sects continued
to collect and make available information on organizations considered
sects. Under the law, this office has independent status, but its head
is appointed and supervised by the Minister for Social Security and
Generations.
In March the Catholic Diocese of Linz, in conjunction with the
provincial government of Upper Austria, publicly distributed a CD-ROM
entitled ``The Search for Meaning: An Orientation Guide to
Organizations that Offer the Solution,'' which contained a strong
endorsement by the Deputy Governor of the province. The information
also was available on their website. It included information on a wide
range of recognized and unrecognized religions ranging from the Roman
Catholic Church to the Church of Scientology. It also contained
criticism of recognized religions such as the Church of Latter Day
Saints and religious associations such as Jehovah's Witnesses. It was
criticized by unrecognized religious groups who found it derogatory and
offensive to be associated with Satanic cults; the CD-ROM included a
testimonial from a former member of Jehovah's Witnesses.
The Governor of Carinthia, Joerg Haider, repeatedly made intolerant
and anti-Semitic statements, including verbal attacks against the head
of the Jewish community, Ariel Muzicant, and a prominent Jewish-
American campaign advisor to the Vienna local elections in March 2001.
Although Haider repeatedly followed such statements with expressions of
regret, his statements contribute to the widespread belief that he and
some extreme elements of the FPO have helped foster a climate of
intolerance in the country. Muzicant has filed several lawsuits against
Haider for slander as a result of the comments. In January Muzicant and
Haider settled their legal disputes with a joint declaration that
includes five ``statements of respect,'' and stipulates that Haider
withdraw his slanderous remarks. On April 3, the Jewish and Islamic
communities released a joint statement calling for an end to the
violence in the Middle East. The declaration voiced concern for the
recent spread of violence between Jews and Muslims in Europe. The
statement was organized by government officials and viewed as a symbol
of the tolerance and history of cooperation between Jews and Muslims in
the country.
There was widespread societal mistrust and discrimination against
members of some nonrecognized religious groups, particularly those
considered to be sects. A large portion of the public perceives such
groups as exploiting vulnerable persons for monetary gain, recruiting
and brainwashing youth, promoting antidemocratic ideologies, and
denying the legitimacy of government authority. Societal discrimination
against sects was, at least in part, fostered by the Government's
policy of selective recognition. Muslims complained about societal
discrimination such as verbal abuse and hostile treatment.
Sensitivity to members of the Church of Scientology and fears of
infiltration remained high. Individual Scientologists were subjected to
discrimination in hiring during the year. Scientology leaders
complained that the church's bank account was closed without cause and
that they did not receive permission to set up an informational tent in
downtown Vienna.
One Jewish cemetery was desecrated during the year. The incident
occurred in Lower Austria and caused approximately $3,000 (3,000 euros)
in damage. Police did not identify any suspects. In addition, in
December the Muslim section of the city cemetery in Traun was
vandalized. Approximately 40 gravestones were broken, torn out, or
destroyed. At year's end, there were no suspects.
The OVP's position that party membership is incompatible with
membership in a sect remained in force at year's end.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The OVP/FPO coalition reached an agreement in August 2001 on
immigration quotas and a new system of immigrant integration. Beginning
in January, annual immigration quotas were set at approximately 8,000
persons per year, although there was a shift in the distribution among
the categories. In July Parliament adopted an immigration reform
proposal that would harmonize residence and employment provisions and
require permanent legal residents to take German language and civics
courses for the purpose of integration; it is scheduled to take effect
in January 2003. Those immigrants who fail to complete the courses by
various deadlines would face financial penalties and deportation or
expulsion. The law would limit employment-based immigration categories
to key qualified employees and low-skilled workers and expand the
definition of temporary seasonal worker to include industries beyond
agriculture and tourism. In 2001 the number of illegal aliens
intercepted at national borders was 48,659, a 6.4 percent increase over
the previous year, attributed almost exclusively to the number of
trafficked aliens from Afghanistan (7,665) (see Section 6.f.).
The law includes provisions for 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 subscribes to the safe third-country concept, which requires
asylum seekers who enter illegally to depart and seek refugee status
from outside the country. In response to continuing criticism by the
Office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations, in 1997 the Government passed an amendment
to the 1991 asylum law designed to bring some improvements to the safe
country rule and the appellate procedure. The Government cooperated
with the UNHCR and other humanitarian organizations in assisting
refugees. The UNHCR and other humanitarian organizations generally
approved of the 1997 asylum law, but there was still some
dissatisfaction with its implementation. There was widespread
opposition to the third country concept based on the fear that it
compromised the principle of individual investigation of claims. This
principle has been upheld in various rulings of the administrative
court. In July Parliament adopted an amendment to the 1997 Asylum law,
which would make the European Union (EU) fingerprint database EURODAC
operational in 2003.
In principle asylum applicants are entitled to federal assistance
for food, shelter, and medical care (provided that a person's identity
can be determined). However, the Federal Care Provisions Act
specifically states that there is no corresponding legal right for
applicants. The result was that asylum applicants denied assistance
have no legal recourse.
In the past, the Government effectively granted assistance to only
one-third of all asylum applicants who faced financial hardship.
However, in a controversial decree that took effect on October 1, the
Interior Ministry prohibited members of certain nationalities from
state shelters while their asylum claims were being adjudicated. In
October asylum seekers conducted hunger strikes and sit-down protests
in a refugee camp to protest the rules. Exceptions included Kosovo
Serbs, Chechens, Iraqis, Afghanis, and Turkish Kurds, who are allowed a
longer stay in the state housing complexes. Human rights groups and
some political parties in the country criticized the rule, alleging
that it would result in homelessness and would make fair hearings
impossible. Some human rights groups, such as Caritas, announced that
they would accommodate refugees turned away by the Government. The
Government contracted with a private German agency, European Homecare,
to provide counseling to unsuccessful asylum applicants, encouraging
them to return to their country of origin. Persons found to be refugees
were not returned to the countries from which they fled. Asylum seekers
whose claims have been rejected by the Federal Asylum Office were
allowed to appeal to the independent Federal Asylum Senate, then to the
Administrative Court. Asylum seekers whose claims have been rejected
also had recourse to the Constitutional Court in cases in which they
allege a breach of the European Convention on Human Rights and
Individual Freedoms.
During the Kosovo crisis, the country accepted an estimated 10,000
to 15,000 refugees. A total of 5,080 Kosovar Albanians were evacuated
directly from Macedonia and admitted to Austria under cover of
temporary protective status (TPS). The immigration law was modified to
allow Kosovar Albanians already in the country in a variety of statuses
to extend their stay. A program of assistance for Kosovar refugees,
which began in April 1999, ended in July 2000. At that time, the
Government decided to secure further residence rights for the
approximately 1,200 Kosovar Albanians that remained in the country in a
variety of statuses. In addition, residence rights were extended to
those needing protection, immediate relatives of guest workers who had
benefited from the original assistance program under either TPS or
asylum, and Kosovars who had stayed in the country until July 2000
under either TPS or asylum--provided that one immediate family member
was integrated into the labor market. According to 2001 statistics, a
total of 1,934 Kosovo-Albanians in the country had applied for
humanitarian residence status temporarily until new immigration quotas
become available.
During the first half of the year, there were 17,084 asylum
applications, compared with 14,995 received in the same period in 2001.
This number includes the 5,622 applications that embassies abroad
received with approximately 5,000 of these applications filed by
citizens from Afghanistan. Asylum applications had increased sharply in
2001 to a total of 30,135, compared with 18,284 in 2000. In 2001
authorities approved 1,152 applications and denied 3,840 requests;
government statistics show 1,002 approvals and 4,787 denials in 2000.
The official approval rate for 2001 was 23.1 percent (20.2 percent
including nonrefoulement decisions), compared with 17.3 percent (20
percent) in 2000. In 2001 the largest groups of applicants ranked by
nationality were persons from Afghanistan (1,952), Iraq (851), Armenia
(746), Georgia (655), and Turkey (631).
As a result of hostilities in Afghanistan, between January 2001 and
July 2002, the Government received a total of 16,648 asylum
applications by Afghan citizens, including 6,794 applications filed at
diplomatic missions abroad (mostly in Pakistan and Iran). According to
government statistics, some 1,800 applications were pending (mostly on
appeal) at year's end. While almost all asylum claims are expected to
be denied on the basis of the safe country rule, TPS is being granted
at least until March 2003, when a reassessment of the situation is
scheduled to determine the possibilities of repatriation. The influx of
Afghan refugees resulted in a considerable burden on the Government's
care and maintenance system. As of September, approximately 1,300
Afghan asylum seekers out of a total of some 6,000 applicants from 35
nations were receiving government care until a final determination of
their claims.
In May 1999, an unsuccessful Nigerian asylum applicant, Marcus
Omofuma, died after being physically restrained for violent behavior
while being deported to Lagos, Nigeria via Sofia, Bulgaria (see Section
1.a.). The incident prompted a complete review of internal procedures
regarding deportations. Two of the three police officers who
accompanied Omofuma were suspended; however, the suspension was lifted
in February 2001. Authorities ruled that the three policemen on duty at
the time should be tried for abuse of a prisoner; as a result of their
trial, the three police officers were given suspended 8-month sentences
for negligence in the death of a person under dangerous circumstances.
In 1999 the Interior Ministry created the Human Rights Advisory
Council, composed of representatives from the Justice and Interior
Ministries, as well as NGOs, to ensure that the police and gendarmerie
respect human rights while carrying out their duties. In addition, the
Ministry announced a new policy requiring that all potentially violent
individuals be deported on chartered aircraft, rather than on
commercial flights. In March 2001, the Constitutional Court ruled
against the Administrative Arbitration Board for rejecting civil
charges, filed on behalf of Omofuma's daughter, that stated that
Omofuma's human rights were violated, and returned the case to the
Administrative Board for review. The case was still pending at year's
end.
In June the Human Rights Advisory Council criticized the July
amendment to the 1997 asylum law because it did not sufficiently
address their recommendations about the conditions of deportation
detention, since deportation of minors had not been ruled out. In
September more than 40 unsuccessful Kosovar Albanian asylum applicants
were repatriated. The U.N. and NGOs criticized the Government's
actions.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. National elections were held in November in which
the OVP won 79 seats in Parliament, the Social Democrats (SPO), 69, the
FPO, 18, and the Green Party, 17. At year's end, the parties were
negotiating on forming a government. There were 63 women in the 183-
seat National Assembly and 13 in the 62-member Federal Assembly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. In some cases, they
were dissatisfied with the information that the authorities supplied in
response to specific complaints. There were no reports of
discrimination against organizations that report on human rights.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law provides for protection against any of these types of
discrimination in employment, provision of welfare benefits, and other
matters, and the Government generally enforced these provisions
effectively.
Women.--Violence against women remained a problem. There are no
accurate statistics available on the number of women abused annually,
but it was believed to be a widespread problem. Police and judges
enforced laws against violence; however, it was estimated that less
than 10 percent of abused women filed complaints. The Association of
Houses for Battered Women has estimated that one-fifth of the country's
1.5 million adult women has suffered from violence in a relationship.
In 1999 legislators passed an amendment to the 1997 Law on the
Protection Against Violence in the Family, extending the period during
which police can expel abusive family members from family homes. In
2001 an injunction to prevent abusive family members from returning
home was applied in 3,283 cases. The Government also sponsored shelters
and help lines for women.
Trafficking in women was a problem (see Section 6.f.). While
prostitution is legal, trafficking for the purposes of prostitution is
illegal.
Of the 1,264 new cases brought to the Ombudsmen for Equal
Opportunity in 2001, 185 were complaints of sexual harassment. The
Federal Equality Commission, as well as the Labor Court, can order
employers to compensate victims of sexual harassment. Sexual harassment
is prohibited by law, and the Government effectively enforced those
laws.
The Government's 2000 coalition agreement contained a detailed
section advocating equal rights and opportunities for women. Most legal
restrictions on women's rights have been abolished. A Federal Equality
Commission and a Federal Commissioner for Equal Treatment oversee laws
prescribing equal treatment of men and women. Herbert Haupt remained
the minister responsible for the women's portfolio under the
provisional government.
In 1994 the European Court of Justice (ECJ) ruled that the
country's law prohibiting women from working at night was not in
conformity to the EU-legal framework. The ECJ gave the Government until
the end of 2001 to adapt its legislation to gender-neutral EU
regulations. In January 1998, legislation went into effect that
required collective bargaining units to take action by the end of 2001
to eliminate restrictions on nighttime work for women, and in December
2001 the legislation banning nighttime work for women expired.
Legislation in conformity with the EU legal framework went into effect
in January.
An estimated 68 percent of women between the ages of 15 and 60 were
employed; on average, women earned only 74 percent of what men earn for
the same work. Women were more likely than men to hold temporary
positions and also are disproportionately represented among those
unemployed for extended periods of time. In 2000 the U.N. Committee on
Elimination of Discrimination Against Women released a report
criticizing the Government's treatment of women, including its decision
in 2000 to abolish the Federal Women's Affairs Ministry and fold its
portfolio into the Ministry of Social Affairs and Generations. The
Committee was particularly concerned about immigrant women's access to
employment.
Although labor laws provide for equal treatment for women in the
civil service, women remain underrepresented. To remedy this
circumstance, the law requires hiring women of equivalent
qualifications ahead of men in all civil service areas in which less
than 40 percent of the employees are women, including police; however,
there are no penalties for failing to attain the 40 percent target.
Female employees in the private sector can invoke equality laws
prohibiting discrimination of women; the Federal Equality Commission
may award compensation of up to 4 months' salary if women are
discriminated against in promotions because of their sex. The
Commission also may order legal recompense for women who are denied a
post despite having equal qualifications.
Women are allowed to serve in the military forces voluntarily. At
year's end, there were a total of 198 women--of a standing force of
approximately 51,000--serving in the military forces, including 7
officers. There were no restrictions on the type or location of
assignments of women.
Women's rights organizations were partly politically affiliated,
and partly autonomous groups. They usually received wide public
attention when voicing their concerns. Despite fears of women's rights
groups, the Government continued to provide government subsidies to
these groups.
Children.--The law provides for the protection of children's
rights. Each provincial government and the federal Ministry for Youth
and Family Affairs has an ``Ombudsperson for Children and Adolescents''
whose main function was to resolve complaints about violations of
children's rights.
While 9 years of education were mandatory for all children
beginning at age 6, the Government also provided free education through
secondary school and subsidized technical, vocational, or university
education. The majority of school age children attended school.
Educational opportunity was equal for girls and boys. Comprehensive,
government-financed medical care was available for all children without
regard to gender.
There was no societal pattern of abuse against children, although
heightened awareness of child abuse has led the Government to continue
its efforts to monitor the issue and prosecute offenders. The growing
number of reported incidences of child abuse was considered a result of
increased public awareness of the problem. Doctors were required to
report to the police suspected cases of child abuse and molestation. An
exception may be made if the suspected abuser is a close relative of
the victim, where doctors may refrain from reporting to the police for
the sake of the well-being of the minor. However, in such cases, the
victim's representative must establish contact with a youth care
officer or a hospital's child protection unit.
According to the Penal Code, sexual intercourse between an adult
and a child (under 14 years of age) is punishable with a prison
sentence of up to 10 years; in case of pregnancy of the victim, the
sentence can be extended to up to 15 years. In June the Constitutional
Court struck down Article 209 of the criminal code, in which sexual
relations between a male between the ages of 14 and 18 and an adult
male is punishable with sentences ranging from 6 months to 5 years. The
court gave the Government until February 28, 2003, to rewrite the law.
In 2001 the Ministry of Justice reported 856 cases of child abuse, most
involving intercourse with a minor. Of these cases, 228 resulted in
convictions. Under the law, any citizen engaging in child pornography
in a foreign country becomes punishable under Austrian law even if the
actions are not punishable in the country where this violation was
committed. The law also entails severe provisions for the possession,
trading, and private viewing of pornographic materials. For example,
exchanging pornographic videos is illegal even if done privately rather
than as a business transaction. In April the Government conducted its
largest raid to date on the premises of suspected consumers of child
pornography. The police searched 329 houses and confiscated a large
amount of material. The Federal Crime Authority also established a
special department for cyber crime.
Persons with Disabilities.--The law protects persons with
disabilities from discrimination in housing, education, and employment.
A 1997 amendment to the law explicitly requires the State to provide
for equal rights for the disabled ``in all areas of everyday life.''
The law requires all private enterprises and state and federal
government offices to employ one person with disabilities for every 25
to 40 employees, depending on the type of work. Employers who do not
meet this requirement must pay a fee to the Government, and the
proceeds help finance services for the disabled such as training
programs, wage subsidies, and workplace adaptations. However, the law
has received some criticism because many observers believe that
penalties were too low to discourage companies from bypassing the
requirement. There were no reports of societal discrimination against
persons with disabilities. The Government budgeted $69 million (69.04
million euros) for the year to fund projects that employed persons with
disabilities.
The Government estimated that there were approximately 72,000
persons having a degree of disability of 50 percent or more. Federal
law mandates access for persons with physical disabilities; however,
low fines and insufficient enforcement resulted in the inaccessibility
of many public buildings to persons with disabilities.
The law prohibits the sterilization of minors. Persons 18 years of
age and older may be sterilized only in life-threatening instances.
National/Racial/Ethnic Minorities.--The law recognizes six national
minority groups: Croats, Czechs, Hungarians, Roma, Slovaks, and
Slovenes. In the past, any community where at least 25 percent of the
population belonged to one of these groups was entitled to bilingual
town signs, education, media, and access to federal funds earmarked for
national minorities. In December 2001, the Constitutional Court ruled
that the standard should be lowered; the Court cited international and
historical precedent in its reasoning. The Government responded to the
ruling by stating that it would submit implementing legislation to
Parliament. After the Governor of Carinthia, Joerg Haider, announced
that he would not honor the Court's decision and alleged that the
President of the Constitutional Court was influenced unfairly by
Slovene groups and stating that the court had exceeded its authority by
setting a limit, the Government hosted several conferences on the
problem in an attempt to come to a national consensus. At year's end,
there was no decision on implementation of the court's finding.
Bilingual town signs existed in other provinces as well.
The largest problem facing these national minority groups is the
preservation of their culture and language. In addition, most human
rights groups claimed that Roma faced particular discrimination in
employment and housing. Members of other minority groups such as Turks
and Indians were not considered national indigenous minorities and do
not have access to the same type of assistance. NGOs complained that
Africans living in the country were stopped by police as many as 5
times per day.
Statistics for 2001 showed a similar number of neo-Nazi, rightwing
extremist, and xenophobic incidents as the previous year. During 2001
the Interior Ministry recorded 335 incidents; in 2000 there were 336
incidents. During the year, the Government continued to express concern
over the activities of extreme-right skinhead and neo-Nazi groups, many
with links to organizations in other countries. In August the police
seized a sizable cache of weapons, explosives, and hand grenades in
Vienna, Styria, and Lower Austria that belonged to neo-Nazi groups. The
police arrested 3 persons, including one with ties to an illegal group
called the Extra-parliamentary Opposition Loyal to the People. Some
members of the group had membership cards for the Ku Klux Klan and
possessed scenarios for a civil war in the country. Police estimated
that a new neo-Nazi group had formed, although its exact size was
undetermined.
In March the domestic NGO ZARA, in conjunction with other groups,
released a report entitled ``Racism 2001'', which found that persons
from diverse ethnic and racial backgrounds continued to face widespread
discrimination from government officials, particularly the police, as
well as in the workplace and in housing. The report cited 155 examples
of discrimination faced by immigrants on a daily basis and called for
the strengthening of public education and legal protections for
immigrants.
The Government continued its training program designed to combat
racism and educate the police in cultural sensitivity. In 2000 the
Government passed a comprehensive prominority rights bill providing
expanded constitutional protections for the country's six officially
recognized minorities.
Section 6. Worker Rights
a. The Right of Association.--Workers have the right to form and
join unions without prior authorization, under general constitutional
provisions regarding freedom of association. In practice trade unions
had an important and independent voice in the political, social, and
economic life of the country. An estimated 50 percent of the work force
were organized into 13 national unions belonging to the Austrian Trade
Union Federation (OGB), which had a highly centralized leadership
structure. Association of national unions with the OGB was voluntary.
Individual unions and the OGB were independent of government or
political party control, although formal factions within these
organizations were allied closely with political parties.
In cases of disputed terminations, the law obliges employers of
enterprises with more than five employees to prove to a labor court
that job dismissals are not motivated by antiunion discrimination.
Employers found guilty of this offense are required to reinstate
workers. Labor and business representatives remain in a longstanding
disagreement over how to provide legal protection to employees against
arbitrary dismissals in firms with five employees or fewer.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to organize and bargain collectively. Almost all large companies,
private or state-owned, were organized. Worker councils operate at the
enterprise level, and by law workers are entitled to elect one-third of
the members of the supervisory boards of major companies. Collective
agreements covering wages, benefits, and working conditions are
negotiated for each industry by the OGB with the National Chamber of
Commerce and its associations, which represented the employers.
The right to strike is not provided explicitly in the Constitution
or in national legislation; however, it was recognized universally in
practice. Historically strikes have been comparatively few and usually
of short duration. A major reason for the record of labor peace is the
unofficial system of ``social partnership'' among labor, management,
and government. At the center of the system is the Joint Parity
Commission for Wages and Prices, which has an important voice on major
economic questions.
The law prohibits retaliations against strikers, and the Government
effectively enforces the law. In general legal disputes between
employers and employees regarding job-related matters are handled by a
special arbitration court for social affairs, which is part of the
judicial system. Unions have access to the arbitration court.
The OGB is exclusively responsible for collective bargaining. The
leaderships of the Chamber of Labor, the Chamber of Commerce, and the
OGB are elected democratically.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
In 2000 former forced laborers filed suit against Austrian
companies that used forced labor provided by the Nazi government of the
1930s and 1940s. In 2000 an agreement was signed between the
Government, attorneys representing former forced and slave laborers,
and representatives of foreign governments, providing compensation for
former forced and slave laborers. By July approximately $182 million
(231 million euros) had been provided as compensation to 91,281 former
forced and slave laborers.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum legal working age is 15 years. The Labor
Inspectorate of the Ministry of Social Affairs effectively enforced
this law. The Government has adopted laws and policies to protect
children from exploitation in the work place.
e. Acceptable Conditions of Work.--There is no legislated national
minimum wage. Instead, nationwide collective bargaining agreements set
minimum wages by job classification for each industry. The accepted
unofficial minimum wage is $9,945 (10,174 euros) a year, and it
provided a decent standard of living for a worker and family. Every
worker was entitled to a variety of generous social benefits.
Although the legal workweek was 40 hours, more than 50 percent of
the labor force was covered by collective bargaining agreements that
set the workweek at 38 or 38 and a half hours.
Laws regularly enforced by the Labor Inspectorate of the Ministry
of Social Affairs provide for mandatory occupational health and safety
standards. Workers may file complaints anonymously with the Labor
Inspectorate, which may bring suit against the employer on behalf of
the employee. However, this option rarely is exercised; workers
normally rely instead on the Chambers of Labor, which file suits on
their behalf. The Labor Code provides that workers have the right to
remove themselves from a job if they fear ``serious, immediate danger
to life and health'' without incurring any prejudice to their job or
career, and the Government effectively enforces this law.
f. Trafficking in Persons.--There is no single law covering all
forms of trafficking in persons; however, Article 217 of the Criminal
Code, which describes trafficking for prostitution, is the key
provision for the prosecution of traffickers. Article 103 of the
Criminal Code also deals with trafficking for the purposes of slavery.
Article 103 of the Aliens Act contains criminal law provisions on alien
smuggling. Trafficking in women for prostitution and domestic service
was a problem.
The Interior Ministry works at the national and international level
to raise awareness of human trafficking. In January the Ministry
created a new body, the Federal Crime Authority, which has a division
solely dedicated to combating human trafficking and alien smuggling.
Federal police units addressing organized crime and sex crimes also
focused on this problem. Although prostitution is legal, trafficking
for the purpose of prostitution is illegal, and can result in jail
sentences of up to 10 years for convicted traffickers. Article 217
refers to recruiting aliens for prostitution and covers trafficking for
prostitution through the deception of someone regarding the purpose of
their journey to the country or through coercion or use of force. In
2000 the Government passed legislation implementing stronger penalties
for alien smuggling including trafficking. Trafficking for purposes of
slavery can lead to a prison sentence of from 10 to 20 years. The
maximum penalty for the most serious offenses increased from 5 to 10
years' imprisonment. In 2000 the Interior Ministry, which is the
primary government agency involved in antitrafficking efforts, reported
that 125 complaints were filed under the law against trafficking for
prostitution, of which 10 resulted in convictions. The Ministry of
Interior estimated that most traffickers taken into custody are
prosecuted under criminal law provisions on alien smuggling.
In October 2001 in a high-profile case, the Government convicted
the Carinthian ``Porno King'', Hellmuth Suessenbacher, and 10 others
for trafficking in persons and other related offenses. Charges resulted
from the trafficking of 50 Romanian women who initially were hired as
dancers and subsequently forced into prostitution. Suessenbacher was
sentenced to 2 \1/2\ years' imprisonment, a relatively light sentence
by national norms. The other defendants received sentences ranging from
fines to up to 4 years' imprisonment. Suessenbacher appealed the
sentence. In September the Linz Court of Appeal reduced his sentence to
2 years' imprisonment and that of his coconspirators to a period of
from 9-months suspended sentences to 4 years' imprisonment.
Some NGOs have called for an expansion of the legal definition of
trafficking to include exploitation for domestic labor and coerced
marriages.
In March 2001, in response to a marked increase of illegal border
crossings at Austria's eastern borders in the first half of that year,
the Government set up a special task force to address trafficking.
However, many victims of trafficking continued to migrate legally.
Austria was a transit and final destination country for women
trafficked from Bulgaria, Romania, Ukraine, the Czech Republic,
Slovakia, Hungary, and the Balkans; the women were trafficked into
Austria and other western European countries, primarily for the purpose
of sexual exploitation. Women also were trafficked from Asia and Latin
America to Austria for domestic labor.
There are no accurate statistics on trafficked persons
specifically; however, the number of intercepted illegal immigrants, of
whom some were trafficking victims, continued to increase. In 2001
LEFOE, an NGO established in 1985 to help victims of trafficking,
reported that it assisted 183 victims of trafficking. Police estimated
that one-fourth of trafficking in women in the country is controlled by
organized crime. The country is particularly attractive to traffickers
due to its geographic location and to the fact that citizens of the
Czech Republic, Slovakia, Hungary, Romania, and Bulgaria do not require
visas to enter the country. Most trafficked women were brought to
Austria with promises of unskilled jobs such as nannies or waitresses.
Upon arrival they were coerced or forced into prostitution. There also
were cases of women who knowingly went to Austria explicitly to work as
prostitutes but who then, according to police, were forced into states
of dependency akin to slavery. Most victims were in the country
illegally and feared being turned into authorities and deported.
Traffickers usually retained victims' official documents, including
passports, to maintain control over the victims. Victims of trafficking
reported being subjected to threats and physical violence. A major
deterrent to victim cooperation is widespread fear of retribution, both
in Austria and in the victims' countries of origin.
The majority of traffickers arrested by police were citizens;
however, the number of foreigners engaged in trafficking has increased
over the years. Police estimated that a large portion of trafficking is
controlled by organized crime, primarily form Eastern Europe.
The Government provides temporary residence to victims of
trafficking who are prepared to testify or intend to raise civil law
claims; however, victims still rarely agreed to testify, due to fear of
retribution. The temporary residency status allowed victims to stay in
the country only during a trial; no provisions were made for them to
stay in the country following their testimony. Virtually all victims of
trafficking were repatriated.
The NGO LEFOE provided secure housing and other support for victims
of trafficking. The International Organization for Migration (IOM)
sought to put victims in contact with NGOs in their countries of origin
upon their return. With financial assistance from the Interior
Ministry, LEFOE also continued to operate the Intervention Center for
victims of the trade in women (IBF) in Vienna, which provides services
to trafficked women including: Psychological, legal, and health-related
counseling and assistance, emergency housing and German language
courses. There also were similar centers located in other cities in the
country that were financed by federal and local governments.
Government-funded research on the problem of trafficking and NGO
prevention work included antitrafficking brochures, law enforcement
workshops, and international conferences on the issue, funded by
private and public sources. The Government also provided funding for
intervention centers that provide emergency housing and psychological,
legal, and health-related assistance to victims. There was one NGO
center that provided comprehensive counseling, educational services,
and emergency housing to victims of trafficking. The Government also
was active in U.N. and Organization of Security and Cooperation in
Europe international efforts to combat trafficking. During the year,
Austrian experts often were involved in regional training and capacity
building programs sponsored by the Stability Pact Antitrafficking Task
Force.
----------
AZERBAIJAN
Azerbaijan is a republic with a presidential form of government.
The Government is dominated by incumbent President Heydar Aliyev, who
was reelected in October 1998 in a controversial election marred by
numerous, serious irregularities. The Constitution provides for a
division of powers between a strong presidency and a national assembly
(Milli Majlis) with the power to approve the budget and impeach the
President. Milli Majlis elections in 2000, 2001, and during the year
featured similar irregularities, and as a result some domestic groups
regarded it as illegitimate. Opposition members made up only a small
minority of the Milli Majlis's 125 deputies. A referendum on
constitutional amendments took place in August, but was marred by
widespread irregularities, including voter list fraud and ballot box
stuffing. The Constitution provides for an independent judiciary;
however, the judiciary did not function independently of the executive
branch and was corrupt and inefficient.
The Ministries of Internal Affairs and National Security were
responsible for internal security and report directly to the President.
Members of the security forces committed numerous human rights abuses.
The Government continued to affirm its commitment to development of
a market economy, but economic reform continued to be slow. According
to official figures, the population was approximately 8 million, but an
estimated 2 million of this number lived and worked outside the
country. Widespread corruption and patronage reduced competition, and
the slow pace of reform limited economic development outside the oil
and gas sector, which accounted for more than 90 percent of the
country's export revenues. Despite the privatization of 98 percent of
the country's farmland, commercial agriculture remained weak, and
subsistence farming dominated the rural economy. Foreign aid was an
important source of national income. A growing moneyed class has
emerged in Baku, and poverty nationwide has decreased, but 49 percent
of the population still lived below the poverty level.
The Government's human rights record remained poor. The Government
continued to restrict citizens' ability to change their government
peacefully. Police tortured and beat persons in custody and used
excessive force to extract confessions. Arbitrary arrest and detention
continued to be a problem. In most instances, the Government took no
action to punish abusers, although perpetrators were prosecuted in a
few cases. Prison conditions remained harsh and life threatening, and
some prisoners died as a result of these conditions. Lengthy pretrial
detention was a problem. The Government continued to hold a number of
political prisoners. The Government infringed on citizens' privacy
rights.
The Government continued to restrict freedom of speech and of the
press, and the press faced continued harassment during the year,
despite measures to improve the economic viability of the media.
Government officials sued journalists for defamation. As a result,
journalists sometimes practiced self-censorship. The Government largely
controlled radio and television, the primary source of information for
most of the population. The Government restricted freedom of assembly
and forcibly dispersed some demonstrations held without a permit;
police shot and killed one protestor. The Government continued to
restrict freedom of association by refusing to register some political
parties and harassing domestic human rights activists and
nongovernmental organizations (NGOs). There were restrictions and
abuses of religious freedom, and harassment of some ``non-traditional''
religious groups by lower-level and local government officials
continued. Violence against women remained a problem. Discrimination
against women and certain ethnic minorities were problems. The
Government limited some worker rights. Trafficking in persons was a
problem. Azerbaijan was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as an observer.
A cease-fire in effect since 1994 continued to contain the conflict
with Armenia over Nagorno-Karabakh; however, minor outbreaks of
fighting occurred and resulted in the deaths of civilians as well as
combatants. Armenian forces continued to occupy an estimated 16 percent
of Azerbaijan's territory (including Nagorno-Karabakh); this fact
continued to dominate the country's national politics, weaken state
institutions, and undermine democratic and economic development. The
Government does not exercise any control over developments in the
territories occupied by Armenian forces, and little verifiable
information exists on the human rights situation there. Approximately
800,000 Azerbaijani refugees and internally displaced persons (IDPs)
left or were forced from their homes in the occupied territories and
Armenia.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings by the Government or its agents; however,
in June police shot and killed Alihasan Agayev during a protest in
Nardaran (see Section 2.b.). Some prison inmates and detainees died, in
part as a result of mistreatment by law enforcement personnel and harsh
prison conditions. Suspects in these cases were not prosecuted (see
Section 1.c.).
On April 18, the General Prosecutor's office summoned Beylar
Kuliyev to testify in the murder case of Rovshan Aliyev, former Chief
of the Criminal Division of the Prosecutor's Office. According to press
reports and local human rights activists, Kuliyev was sentenced to 10
days' imprisonment for resisting arrest. When he was brought to the
General Prosecutor's office on April 19 to give testimony, Kuliyev
jumped out a window to his death (see Section 1.c.). No investigation
was conducted.
The trial of one of the police officers allegedly involved in the
2001 death of Ilgar Javadov was ongoing at year's end.
In September 2001, the Baku city prosecutor's office opened a
criminal case against Suleyman Agayev, former chief of the 17th police
office of Baku's Narimanov District, in connection with the 1994
killing of Djamal Aliyev, leader of the Industrial Union. During the
year, Agayev was arrested, tried, and convicted. An investigation into
the killing of a senior Chechen military commander by unknown
assailants in May 2001 remained open at year's end.
Cease-fire violations by both sides in the conflict with Armenia
over Nagorno-Karabakh occasionally resulted in deaths and injuries to
both civilians and soldiers. During the year, there were five dead and
28 injured.
A number of deaths occurred among army conscripts during the year.
Hazing of the victims was suspected. According to press reports, 15
army conscripts died during the year. In 2001 a total of 20 army
conscripts died, 13 of which were confirmed to be suicides. Defense
Minister Safar Abiyev stated that all of the previous year's deaths
would be investigated fully. By year's end, no information on the
investigations into these deaths was available.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The International Committee of the Red Cross (ICRC) repeatedly
urged the Azerbaijani and Armenian governments to provide information
on the fate of those missing in action since the fighting over Nagorno-
Karabakh began. Since the early 1990s, the ICRC has collected from
concerned family members the names of approximately 2,300 missing
Azerbaijani citizens allegedly held by Armenia. The Government
estimated the number to be closer to 5,000.
c. Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Criminal Code enacted in September 2000 prohibits such
practices, and provides for up to 10 years' imprisonment for violators;
however, there were credible reports that prison guards continued to
torture inmates and that both prison guards and police used excessive
force to extract confessions. Police beat prisoners during arrest,
interrogation, and pretrial detention.
Human rights activists reported that police tortured Beylar Kuliyev
while in police custody in an attempt to obtain false testimony (see
Section 1.a.).
After the clashes in June in Nardaran between protesters and
police, Haji Jubrail Alizade was detained; Alizade's lawyer alleged
that Alizade was beaten after his arrest. According to a report by the
Independent Public Commission (a joint initiative of several NGOs)
investigating the Nardaran events, the police beat several persons,
including some of those they took into custody.
The Government did not hold most members of the police accountable
for their actions.
The Government forcibly disrupted some demonstrations and in some
cases beat protesters (see Section 2.b.). Police at times beat and
harassed members of certain religious groups (see Section 2.c.).
There were unconfirmed reports that official corruption facilitated
trafficking in persons (see Section 6.f.).
Conditions in prisons, which were managed by the Ministry of
Justice, remained harsh and sometimes life threatening. Deaths of
inmates occurred, in part due to these harsh conditions and in some
cases due to mistreatment by prison guards (see Section 1.a.).
Overcrowding and poor medical care combined to make the spread of
infectious diseases, including tuberculosis (TB), a serious problem. TB
continued to be the main cause of death in prisons. By year's end,
approximately 841 detainees were undergoing treatment for TB, according
to the ICRC. Due to the absence of systematic screening of the prison
population, patients often started treatment when they were already
seriously ill. There were widespread and credible reports that the
authorities have withheld medical treatment from selected inmates,
especially political prisoners.
Prisoners had to rely on their families to provide food and
medicine, and bribes generally were required for families to gain
access to imprisoned relatives. The authorities severely limited
opportunities for exercise and visits by lawyers and family members of
prisoners in maximum security prisons. Some prisoners were kept in
``separation cells'' often located in basements, in which prisoners
reportedly were denied food and sleep in order to elicit confessions
from them with no physical evidence of abuse. Men and women were held
in separate prison facilities. There were separate facilities for
juveniles and adults, and pretrial detainees and convicts were held
separately.
Since June 2000, the ICRC has had access to all prisons, and its
agreement with the Government on access to all places and to all
detainees both sentenced and unsentenced recently was extended. The
ICRC has had access to prisoners of war (POWs) as well as civilians
held in relation to the conflict over Nagorno-Karabakh.
Foreign observers regularly received permission to enter maximum
security prisons for meetings with alleged political prisoners.
However, some domestic human rights organizations complained that the
authorities restricted their access to prisons during the year. The
Human Rights Center of Azerbaijan (HRCA), a local NGO, regained access
to jails in 2001, and it conducted several human rights seminars for
law enforcement officers. The HRCA reported that the situation in the
prison system had improved slightly as a result of monitoring efforts
and suggestions made by NGOs and international organizations.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, arbitrary arrest and
detention was a problem. The authorities often arbitrarily arrested and
detained persons without legal warrants. The Constitution states that
persons detained, arrested, or accused of a crime should be advised
immediately about their rights, reasons for arrest, and the institution
of criminal proceedings against them; however, the authorities often
did not inform detainees of the charges against them. The Constitution
provides for access to a lawyer from the time of detention; however,
access to lawyers was poor, especially outside of Baku. The authorities
often withheld information from detainees' family members. Frequently
days passed before relatives were able to obtain information, and
family members did not enjoy the right of visitation. Bail commonly was
denied, and lengthy pretrial detention was a serious problem.
Members of opposition parties and their families were more likely
to experience arbitrary arrest and detention than other citizens.
Police detained opposition party activists after demonstrations on
March 23 and October 5. During the year, Musavat Party reported that
200 of its members were detained for short periods (3 to 15 days). The
two nephews of exiled former Milli Majlis speaker and Azerbaijan
Democratic Party (ADP) leader Rasul Guliyev were convicted of
embezzlement and weapons possession and sentenced to jail in 2001.
Police also harassed several other Guliyev relatives and ADP figures.
The Organizational Secretary of the ADP Hesret Rustamov was arrested on
March 23 for 15 days and on October 1 for 10 days. On June 14, the
General Secretary of the ADP Sardar Jalaloglu was detained for 5 days.
Police forcibly disrupted unsanctioned protests and briefly
detained participants throughout the year (see Section 2.b.). In
Nardaran on September 20, police arrested village elder Jabrail Alizade
for alleged involvement in the June events, setting off a new wave of
protests (see Sections 1.c. and 2.b.). Since then the Court of Appeal
has turned down Alizade's appeal to have the charges overturned,
raising issues of unlawful detention for Alizade and those arrested
earlier. At a December 25 preliminary hearing, the court extended the
detention of 18 Nardaran defendants, pending a trial scheduled to begin
in early January 2003. At year's end, 15 Nardaran prisoners were in
physical custody, and 3 were released on their own recognizance but
were expected to appear in court to be tried with the others.
Chechens residing in the country reported that police arbitrarily
detained them (see Section 2.d.).
During the year, a total of eight POWs were released, four from
Azerbaijan and four from Armenia.
The Constitution does not address forced exile, but there were no
reports that the Government employed it.
e. Denial of a Fair and Public Trial.--The Constitution provides
for an independent judiciary; however, in practice judges did not
function independently of the executive branch, and the judiciary
widely was believed to be corrupt and inefficient. Courts of general
jurisdiction may hear criminal, civil, and juvenile cases. District and
municipal courts try the overwhelming majority of cases. The Supreme
Court also may act as the court of first instance, depending on the
nature and seriousness of the crime.
Cases at the district court level were tried before a panel
consisting of one judge and two lay assessors. Judges presided over and
directed trials. The President appointed Supreme and Constitutional
Court judges, who then were subject to confirmation by the Milli
Majlis. The President appointed lower level judges without
confirmation. Qualifying exams for judges were administered as part of
a judicial reform effort; however, credible allegations persisted that
judgeships were bought and sold. Low salaries for judges and lawyers
increased the incentives for bribe taking and undermined the rule of
law.
The Government organized prosecutors into offices at the district,
municipal, and republic level. They ultimately were responsible to the
Minister of Justice, were appointed by the President, and were
confirmed by the Milli Majlis.
The Constitution provides for public trials except in cases
involving state, commercial, or professional secrets, or matters
involving confidential personal or family matters. The Constitution
provides for the presumption of innocence in criminal cases and for
numerous other rights, such as a suspect's right to legal counsel and
to be informed immediately of his legal rights and of the charges
against him (see Section 1.d.). During trial, defendants were allowed
to confront witnesses and present evidence. The court was required to
appoint an attorney for indigent defendants. Defendants and prosecutors
had the right of appeal, and foreign and domestic observers generally
were allowed to attend trials. Although the Constitution prescribes
equal status for prosecutors and defense attorneys, in practice
prosecutors' prerogatives outweighed those of the defense. The Law on
Advocates and Advocate Activity signed by President Aliyev in 2001 was
expected to reform the legal profession; however, it had not been
implemented by year's end. The law limits representation in criminal
cases to members of state-controlled Collegium and therefore restricts
the public's access to legal representation.
The Constitution prohibits the use of illegally obtained evidence;
however, investigations often relied on obtaining confessions rather
than gathering evidence against suspects, and no judge has dismissed a
case based on a prisoner's claim of having been abused (see Section
1.c.). Judges frequently sent cases unlikely to end in convictions back
to the prosecutor for ``additional investigation.'' Such cases either
might be dropped or closed, occasionally without informing either the
court or the defendant.
The Government continued to hold a number of political prisoners.
Some local NGOs reported that the Government held approximately 200 to
300 political prisoners, although others claimed the number was much
higher. Estimates of the number of prisoners varied and were
inconsistent as to the definition of a political prisoner. A number of
these individuals were convicted of alleged participation in armed
efforts to overthrow the Government. During the year, President Aliyev
issued three pardons that resulted in the release of more than 236
prisoners and reduced sentences for ten others. Some of the individuals
released were included on lists of political prisoners developed by
NGOs and the Council of Europe.
In May authorities detained Faina Kunqurova, an active member of
the Azerbaijan Democratic Party (ADP), and charged her with
hooliganism. She subsequently was convicted and was in the midst of a
three-year sentence at year's end.
At year's end, Jan Mirza-Mirzoyev, former First Deputy Director of
the Baku Supreme Naval College who publicly had been critical of the
Minister of Defense, remained in jail after an unsuccessful appeal in
May. In 2001 Mirzoyev had been convicted and sentenced to eight years
for murder in a trial that foreign and domestic observers believed did
not establish his guilt.
In response to discussions with the Council of Europe on political
prisoner problems, the authorities initiated retrials of three figures
accused of plotting against the Government in the early 1990s; all
three remained in detention at year's end. The retrial of Isgender
Hamidov, a former Minister of Internal Affairs, began in May; he had
been convicted and sentenced to 14 years' imprisonment in 1994 for
appropriating state property. The retrial of former Defense Minister
Rahim Gaziyev also started in May; he had been convicted and sentenced
to death in 1995 for abuse of power in war conditions, large-scale
embezzlement of state properties, and illegal storage and possession of
weapons. The retrial of Alikram Humbatov, who was convicted and
sentenced to life in 1994 for attempting to establish a separatist
Talysh Republic in southeastern Azerbaijan, began in June. Authorities
rejected repeated appeals by the defendants, foreign embassies, and
international organizations to move these retrials from Gobustan
prison, where observer access was difficult, to Baku, but foreign and
domestic observers were not otherwise hindered in attending these
trials.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits arbitrary invasions of
privacy; however, the Government restricted privacy rights in practice.
The Constitution provides for secrecy of correspondence and telephone
conversations, subject to limits provided by law in criminal
investigations or in the prevention of a crime; however, it was
believed widely that the Ministry of National Security and other
security entities monitored telephones and Internet traffic, especially
those of foreigners and prominent political and business figures. The
Constitution allows searches of residences only with a court order or
in cases provided by law; however, the authorities often conducted
searches without warrants. Police continued to intimidate and harass
family members of suspects, particularly those belonging to opposition
parties (see Section 3).
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 it specifically outlaws press
censorship; however, the Government restricted these rights in
practice. There was lively public debate and criticism of government
polices in a variety of areas, and direct criticism of President Aliyev
was common. A large number of opposition and independent media outlets
functioned during the year; however, the press faced continued pressure
from the Government during the year. Although during the first few
months of the year there were some improvements in media freedom, in
the fall government officials brought a large number of lawsuits
against the media. Harassment of journalists and libel suits created an
atmosphere in which editors and journalists exercised self-censorship.
In a December 2001 meeting with opposition and independent media
representatives, President Aliyev acknowledged government mistakes and
promised to correct them. Subsequently, tariffs and import taxes on
newsprint were reduced or abolished, access to government printing
houses improved, libel suits by government officials were retracted,
and long-withheld broadcasting licenses were issued to regional
independent television stations. However, government officials brought
18 new libel suits against independent and opposition newspapers in the
closing months of the year.
Most newspapers were printed in government publishing houses.
Private advertisers were intimidated and harassed into removing their
advertisements from some independent and opposition publications,
forcing them to subsist on newsstand sales alone and adding to the
financial pressures on newspapers that do not benefit from government
financial support. The finances of most independent and opposition
papers were precarious, and they had increasing problems meeting their
wage and tax payment obligations. Responding to the newspapers'
financial difficulties, President Aliyev issued a decree in late 2001
that froze newspaper debts to the state-owned printing house until
2003.
Government-run and independent kiosks distributed government,
opposition, and independent publications throughout the year. However,
independent and opposition newspapers only sporadically were available
in regions outside of Baku. A number of editors continued to report
that government-run kiosks refused to carry their newspapers, or
claimed to have sold all received copies while actually retaining many
unsold copies in stock, leading some newspapers to depend on
independent distributors. Gaya, the country's largest independent
distributor, reported continued government harassment. The company's
manager complained that some of its most profitable newsstands had been
torn down arbitrarily in Baku and in regional cities in an effort to
run the company out of business. By the end of October, when
authorities closed the company's newsstand in the northern city of
Sheki, Gaya had only 37 newsstands, of the 55 that it had at one time
throughout the country. As a result, there were no independent
newsstands in Nakhchevan and other parts of the country.
Government-controlled radio and television were the main sources of
information for much of the population. The Government periodically
used state television to conduct campaigns of denunciation and
harassment against political parties and leaders critical of the
Government. Privately run television channels broadcast views of both
government and opposition officials, but their programs were not
available in all parts of the country. According to Internews, there
were no new television stations licensed during the year; three license
requests were pending at year's end. In Ganja one new local television
station (Alternative TV) was opened during the year, through the
restoration of a previously shut-down local TV channel that made use of
the previously issued license.
Radio was oriented largely to entertainment, but one independent
station broadcast programs on political topics. Radio Free Europe/Radio
Liberty and the Voice of America operated without restriction, and
there were no restrictions on reception of foreign stations via
satellite.
Persons convicted under current libel laws, which are found in both
the civil and the Criminal Codes, may be subject to fines and up to 3
years' imprisonment. Several government officials dropped their libel
cases against newspapers following the President's December 2001
meeting with independent and opposition journalists. However, President
Aliyev's brother, Jalal Aliyev, subsequently launched a libel suit
against the opposition Yeni Musavat newspaper, the country's largest
circulation daily, that he claimed insulted his dignity. The case was
abandoned after the trial began. According to the Committee for the
Protection of Journalists (RUH), during the year 17 government
officials and 9 politicians brought libel suits against newspapers.
During the year, a total of 38 libel suits were brought against
newspapers; 13 of them were against Yeni Musavat.
Two high-ranking Ministry of Defense officers brought a successful
suit against Monitor magazine for printing an article about the lack of
food, poor hygienic conditions, and hazing in the military. Monitor has
appealed the judgement. Several times throughout its 5-year existence,
Monitor has suspended its publication because publishing houses would
not print it. During the year, Monitor was published and was available
for purchase, although some distribution companies would not sell it.
In June the Milli Majlis passed a Law on TV and Radio that
responded to Council of Europe and other requests to establish an
independent regulatory body. However, the new law failed to ensure
transparency in licensing or independence from state organs, and it
established content requirements for programs and advertisements.
According to the law, the President appoints all members to the
regulatory body, thus limiting its independence.
Television and radio stations continued to require a license to
operate, and the Government used this requirement in the past to
prevent several independent stations from broadcasting; however, this
was not a problem during the year.
On August 24, the 1998 Law on State Secrets was amended, by
Presidential Decree, to strengthen provisions requiring journalists to
submit articles that might touch on state secrets to a commission for
review prior to publication, and requiring them to disclose their
sources in such cases. Journalists protested and foreign embassies and
international organizations also expressed concerns. In September the
Government amended the law so that it no longer required journalists to
reveal their sources.
Violence against journalists also took place during the year. RUH
reported more than 90 incidents of physical attacks and/or harassment
against journalists. After attacks against journalists in 2001,
Minister of Interior Ramil Usubov pledged an investigation, but it
remained pending at year's end. In most cases, perpetrators of violence
against journalists remained unpunished.
Rauf Arifoglu, the editor-in-chief of Yeni Musavat newspaper, was
arrested in 2000 for alleged involvement in an airline hijacking. He
was released several days later, but the charges only were dropped in
October.
All Internet providers in the country were required to have formal
links with the Ministry of Communications. A number of Internet service
providers and vendors existed, and Internet access cost less than $1
(4,800 manats) per hour. Usage grew, particularly in Baku, which had a
number of Internet cafes. Internet usage was less common in other parts
of the country, but there were increasing numbers of Internet centers
and cafes in some other cities. Many observers believed that the
Government monitored Internet traffic, especially that of foreign
businesses, opposition leaders, and intellectuals (see Section 1.f.).
The Government did not restrict academic freedom. Several
professors with tenure were active in opposition parties.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right on occasion. By law citizens are permitted to assemble,
associate with others, and organize demonstrations, processions, and
pickets (demonstrations with less than 50 participants), ``provided
that they notify respective governmental bodies in advance.'' A permit
was required to stage a demonstration or picket and normally could be
acquired from local government authorities (such as the mayor's office
in Baku or the local executive authority in other cities) in advance of
the event. However, while both sanctioned and unsanctioned protests
took place throughout the year, the Government denied permission for
some assemblies and in some cases forcibly disrupted protests.
Seven large-scale demonstrations took place in Baku during the
year. The ``United Opposition Movement'' organized rallies in Baku on
March 23, April 27, and May 23. At these rallies, demonstrators
numbering up to several thousand demanded the President's resignation
and free and fair elections. There were reports that police beat
demonstrators, causing injuries, and police arrested several persons.
In the autumn the opposition worked together to organize four more
rallies, on September 14, October 5, October 27, and November 24.
According to the organizers, these demonstrations attracted from 20 to
50,000 persons, and in addition to calling for the President's
resignation and free and fair elections, protestors demanded freedom
for Nagorno-Karabakh. Independent observers estimated substantially
fewer participants in these demonstrations than organizers claimed.
The authorities occasionally prevented political parties critical
of the Government from conducting indoor meetings as well as outdoor
gatherings. The authorities cited security considerations to ban larger
demonstrations in the city center throughout the year.
Permits to hold demonstrations outside the capital area seldom were
granted. Authorities harassed opposition party members when they tried
to meet with supporters outside Baku.
On May 7, in the Baku area village of Nardaran, there was a public
protest demanding the replacement of the Government-appointed head of
the village council with a local citizen. On June 3, the district
procurator invited eight of the Nardaran elders to a meeting with
representatives from the village council to discuss their demands; when
the elders arrived, the authorities arrested them. That evening
Nardaran residents held a protest that police dispersed, in which
civilians armed with stones clashed with police armed with firearms.
The clash resulted in one civilian death, reportedly dozens of civilian
and police injuries, damage to public property, and multiple arrests
both during the day and subsequently (see Sections 1.a., 1.c., and
1.d.). On September 20, police arrested village elder Jabrail Alizade
for alleged involvement in the June events, setting off a new wave of
protests.
The Constitution provides for freedom of association; however, the
Government continued to restrict this right. A number of provisions
enabled the Government to regulate the activities of political parties,
religious groups, businesses, and NGOs, including a requirement that
all organizations register in order to function normally. Registration
was necessary for an organization to rent property, to open a bank
account, and generally to act as a legal entity. Vague, cumbersome, and
nontransparent registration regulations resulted in long delays and
inaction that in effect limited citizens' right to association.
According to the Ministry of Justice, as of October there were 38
registered political parties, some of which were affiliated with or
supported the President's party. At least 23 registered parties were
considered opposition parties. During the year, opposition political
parties faced harassment from the authorities and were evicted from
their headquarters (see Section 3). Unregistered political parties
continued to function openly. Members of unregistered political parties
can run for president but must be sponsored by a registered party or an
independent ``voters' initiative group.'' Members of unregistered
parties may run for the Milli Majlis.
c. Freedom of Religion.--The Constitution provides that persons of
all faiths may choose and practice their religion without restrictions;
however, there were some abuses and restrictions. The Law on Religion
expressly prohibits the Government from interfering in the religious
activities of any individual or group; however, there were exceptions,
including cases where the activity of a religious group ``threatens
public order and stability.'' Some officials at times discriminated
against members of minority religions. In October the Organization for
Security and Cooperation in Europe/Organization for Democratic
Institutions and Human Rights (OSCE/ODIHR) and the Government jointly
sponsored a conference on religious freedom and combating terrorism in
Baku.
The most common restriction on religious freedom resulted from the
requirement in the Law on Religion that religious organizations
register with the Government. The State Committee for Work with
Religious Associations (SCWRA), which replaced the Department of
Religious Affairs in June 2001, assumed responsibility for registering
religious groups from the Ministry of Justice. Registration enabled a
religious organization to maintain a bank account, rent property, and
generally act as a legal entity. Lack of registration exposed groups to
charges that they were illegal and made it more difficult, but not
impossible, for a religious group to function. The process was
burdensome, and there were frequent, lengthy delays in obtaining
registration. Religious groups may appeal registration denials to the
courts. In January an evangelical Lutheran Church in Baku finally was
registered after a 2-year struggle that developed in part due to a
battle for leadership in the church community.
By year's end, several religious groups continued to report that
they had not been registered; however, this did not prevent them from
functioning. Other churches, including Baku International Fellowship
and Greater Grace Baptist Church, remained unregistered after months of
applying. Unregistered groups were more vulnerable to attacks and
closures by local authorities.
Some officials at times discriminated against members of minority
religions. There have been small congregations of Evangelical
Lutherans, Roman Catholics, Baptists, Molokans (old-believers in the
Russian Orthodox Church), Seventh-Day Adventists, and Baha'is in the
country for more than 100 years. In the last 10 years, a number of new
religious groups that were considered ``foreign'' or ``non-
traditional'' have been established. These include Pentecostal and
Evangelical Christians, Jehovah's Witnesses, and Hare Krishnas. There
were some reports of government harassment of these non-traditional
groups.
In many instances, abuses by officials reflected the popular
prejudice against conversion to Christianity and other nontraditional
religions (see Section 5).
There was official concern regarding ``foreign'' (mostly Iranian
and ``Wahhabist'') Muslim missionary activity. In May government
authorities sentenced several members of the religious extremist group
Hizb-ut-Tahrir to 6 to 7 years' imprisonment for allegedly planning
terrorist attacks against targets that included the U.S. Embassy. There
also were reports that the Government closed down Muslim groups and
organizations allegedly having ties with terrorists. In November
security forces detained Imam Kazim Aliyev of Juma Mosque in Ganja on
charges of preparing a coup d'etat.
The law prohibits foreigners from proselytizing, and the Government
enforced this provision. In April Baku police arrested Nina Koptseva, a
Russian citizen and member of the evangelical Christian Greater Grace
Church, along with two others on a busy Baku street. Koptseva was
charged with propagating Christianity and deported to Russia; she and
the church deny the charge. The Jehovah's Witnesses have had
difficulties in holding large meetings in Baku. In September they
planned a convention for 500 people, and obtained official permission.
Circumstances required them to change their venue; as a result, they
received a letter from the SCWRA saying that they had broken the law by
changing their plans without notifying SCWRA and by allowing
unaccompanied minors to attend.
Some local officials continued to prevent women from wearing the
headscarves. Early in the year, students at Baku State University and
the Baku Medical Institute reportedly were instructed to refrain from
wearing headscarves to class. However, according to the Center for
Protection of Conscience and Religious Persuasion Freedom (DEVAMM), the
issue was resolved satisfactorily and ceased to be a problem.
Importation of religious materials was restricted. In December
SCWRA denied a Baku bookstore permission to import 400 religious books
on the grounds that the store was not a ``religious organization.''
SCWRA officials told foreign diplomats that they had blocked the import
of Islamic literature that did not accord with Azerbaijani values. In
November government officials permitted the import of 3,000 religious
books by the Evangelical Christian Baptist Church in Baku, after
refusing permission for 6 months. In July 2001, the SCWRA assisted a
Baku bookstore in securing permission for a shipment of English-
language evangelical literature that the Department of Religious
Affairs had delayed numerous times.
Sporadic violations of religious freedom by some officials
continued during the year. In the northern city of Khachmaz, there were
numerous reports that local policemen regularly and severely beat
Muslim worshippers, who denied any wrongdoing and complained to
government authorities. Police also called in some family members of
the accused for questioning. Also during the year, some Muslim
worshippers in Ganja and Khachmaz reportedly were arrested and beaten
as suspected Wahhabis with links to terrorism.
The most serious case of harassment of a religious group by the
Government involved the ethnic Azeri ``Love'' Baptist Church. In 2001
SCWRA initiated legal proceedings to liquidate the church following
accusations its pastor insulted Muslim fasting traditions in a sermon
during the holy month of Ramadan. The church lost its case in April in
court proceedings international observers described as biased. Its
appeal--a 15-minute court procedure during which judges reportedly
prevented lawyers for the church from speaking--was unsuccessful and an
even shorter hearing before the Supreme Court in October upheld the
lower court verdicts. Church representatives said they would continue
to meet until they are arrested or forcibly dispersed.
DEVAMM reported that an Adventist family in Nakhchevan was harassed
by local authorities, who barred three of their children from attending
school, and attempted to deport the family to Baku.
During the year, several newspapers and television broadcasts
depicted non-traditional religious groups as a threat to the identity
of the nation. Some of these attacks extended to humanitarian
organizations operating in the country that were linked to foreign
religious organizations.
Hostility also existed toward foreign (mostly Iranian and
``Wahhabist'') Muslim missionary activity, which partly was viewed as
seeking to spread political Islam and thus a threat to stability and
peace.
Ethnic Azerbaijanis have fled areas of Azerbaijan controlled by
ethnic Armenians, and mosques in this area that had not already been
destroyed did not function. Animosity toward the Armenian population
elsewhere in Azerbaijan forced most Armenians to depart, and all
Armenian churches, many of which were damaged in ethnic riots that took
place over a decade ago, remained closed. As a consequence, the
estimated 10,000 to 30,000 Armenians who remained in the country were
unable to attend their traditional places of worship.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, at times, the Government limited freedom of movement.
The internal residence regime from the Soviet system (``propiska'')
still was imposed on IDPs--i.e., those forced from their homes
following the Armenian occupation of western areas of the country--who
were required to register with the authorities and could reside only in
approved locations. A passport was required for travel abroad. There
were no exit visa requirements.
Residents of border areas in both Azerbaijan and Iran traveled
across the border without visas. Draft-age men had to obtain documents
from military officials before they could travel abroad, and some
restrictions were placed on military personnel with access to national
security information.
The number of refugees and IDPs from the Nagorno-Karabakh conflict
was approximately 800,000; 200,000 of these were refugees, and more
than 600,000 were IDPs. There were credible reports that Armenians,
including ethnic Armenian immigrants from the Middle East and
elsewhere, had settled in parts of Nagorno-Karabakh and possibly other
Azerbaijani territories occupied by Armenian forces. Approximately
10,000 to 30,000 Armenians, almost exclusively persons of mixed descent
or mixed marriages, remained in Azerbaijan (in addition to Armenians
residing in occupied territories). While official government policy
allowed ethnic Armenians to travel, low-level officials seeking bribes
have harassed citizens of Armenian ethnicity who sought to obtain
passports. The Armenian government continued to prevent the hundreds of
thousands of Azerbaijanis who were forced out of their homes in
occupied territories from returning.
The Government depends on international assistance to care for
refugees and IDPs. The Government transferred $39 million (188.8
billion manats) from the country's oil fund to the country's IDP and
Refugees Committee to improve the social and economic conditions of
refugees and IDPs. Of that total, $550,000 (2.7 billion manats) was
provided monthly to IDPs for food. The Government provided individual
IDPs $5 (25,000 manat) per family member per month for food and 6
liters of fuel per family per month. The Government also provided
sugar, rice, sunflower oil, and oil to each IDP in camps in the regions
where international NGOs no longer provided assistance. International
assistance to the refugee and IDP population continued to decline.
Approximately 60-70,000 IDPs continued to live in camps at below-
subsistence levels, without adequate food, housing, education,
sanitation, or medical care.
A law that 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 1962 Protocol was passed in 2001; however, no
mechanism for its implementation had been created by year's end. The
Government cooperated with the U.N. High Commission for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees.
Such organizations reported full and unrestricted access to the refugee
population. The issue of the provision of first asylum did not arise
during the year, and there were no procedures for granting first
asylum.
Approximately 8,000 to 10,000 Chechens who fled from Russia resided
in the country. UNHCR registered 9,009 asylum seekers/refugees during
the year, 78 percent of whom were from Chechnya. According to UNHCR
personnel, during the year, many Chechens complained of arbitrary
detention and police harassment because of their undocumented status in
the country. Chechens may receive 3-month visas, but not residence
permits. Chechen children generally were not allowed to attend public
schools, and medical services were provided only on a fee-for-service
basis. Chechens were extradited to Russia for alleged criminal
offenses, but their status as refugees was unclear.
Approximately 1,000 Afghans who fled their country have registered
with UNHCR and have lived in the country for many years.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution and the law allow citizens to change their
government by peaceful means; however, the Government continued to
restrict citizens' ability to do so by interfering in local and
national elections. The country is a republic with a strong presidency
and a legislature that the Constitution describes as independent.
However, in practice the Milli Majlis's independence was minimal, and
it exercised little legislative initiative independent of the
executive.
The 1998 presidential election was an improvement over the 1995
Milli Majlis elections, especially in regard to reduced multiple voting
and the presence of domestic observers; however, some domestic and
international observers witnessed ballot box stuffing and
irregularities in vote counting, and some were barred from observing
the vote counting. Neither domestic nor international observers were
allowed to monitor the compilation of the national vote totals. The
observed irregularities and lack of transparency in vote counting led
to serious doubts regarding the accuracy of the official vote count in
favor of President Aliyev.
By-elections held in November 2001 in Tovuz and Ajabedi to fill
vacant Milli Majlis seats also were marred by election fraud and ballot
box stuffing. As a result of objections by local observers, the results
in three Tovuz polling stations were cancelled by the Central Election
Commission. The April by-elections in Baku, Ganja, and Ali Baramli
similarly were marred by voter list irregularities, multiple voting,
and observer intimidation.
The November 2000 Milli Majlis elections showed some improvement
over the 1998 presidential and 1999 municipal elections, according to
OSCE/ODIHR; however, they did not meet international standards due to
numerous serious irregularities. Only after international pressure did
authorities allow all major parties, including some disqualified as a
result of alleged falsifications in voter petitions, to run candidates
for office. Some opposition candidates were harassed, and some were
beaten or detained. Potential candidates reported that individuals who
signed their petitions were asked by police to remove their names.
An election law passed prior to the November 2000 Milli Majlis
elections incorporated most, but not all, OSCE/ODIHR recommendations.
Among the most serious remaining flaws was a provision banning from
vote monitoring domestic election monitoring groups that received
funding from foreign sources. Individual parties and some NGOs were
able to post their own monitors at the polls, but intimidation,
harassment, and even arrests of the observers took place. International
observers seriously doubted the accuracy of the election results
because of ballot box stuffing, premarked ballots, and vote counting
irregularities.
Serious voting irregularities marred the August 24 referendum on
changes proposed by President Aliyev to the 1995 Constitution.
International observers saw widespread irregularities, including voter
list fraud, multiple voting, voter intimidation, and ballot box
stuffing. The Government continued to restrict domestic nonpartisan
observers. However, a series of televised roundtables, hosted by the
OSCE and including government and opposition representatives, was held
to educate the public on the issues of the referendum.
According to the Government, the amendments proposed in the
referendum were designed to address a number of suggestions by the
Council of Europe to democratize the country's political system--
although the Government did not consult with the Council of Europe on
the content of the referendum. Some of the amendments, such as the
requirement that the President be elected by 50 percent plus one
(rather than a two-thirds majority), could contribute to bringing the
Government's practice into conformity with international standards and
enhance democratization. However, two amendments were seriously
criticized. One of the amendments proposed eliminating the proportional
representation system required for 25 of the 125 seats in the Milli
Majlis. NGOs and other groups alleged that this amendment could
threaten opposition representation in Milli Majlis altogether. Another
controversial amendment replaced the Chairman of the Milli Majlis with
the Prime Minister in the line of succession to the presidency. Some
domestic and international groups argued that this would make it easier
for the President to pass on power to his preferred successor. The
Government's claims of 95 to 96 percent approval of each of the eight
clusters of constitutional amendments and 83.6 percent voter turnout
were highly questionable. International election observers raised
concerns with senior government officials and the Central Election
Commission about the conduct of the referendum.
In December the Government made public its draft Unified Election
Code (UEC), as required by the Council of Europe. The code seeks to
combine four existing laws governing the conduct of elections and
referenda in the country. The draft law contains some improvements, and
the authorities discussed further changes with the international
community, submitting a draft of the UEC for review by the
International Foundation for Election Systems, the Council of Europe,
and OSCE/ODHIR. However, the draft UEC does not change provisions in
separate legislation on NGOs prohibiting domestic NGOs that receive
foreign funding from observing elections. Major opposition parties
boycotted the OSCE-sponsored (and televised) roundtables in December to
discuss the draft law.
There were no legal restrictions on women's participation in
politics; however, traditional social norms limited women's roles in
politics, and they were underrepresented in elective offices. The
practice of ``family voting,'' where men cast the votes of their wives
and other female members of their families, persisted. There were 13
women in Milli Majlis and several women in senior government positions.
There were no restrictions on the participation of minorities in
politics. Several Lezghins, Talysh, and Avars continued to serve in the
Milli Majlis and government.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Some NGOs wholly
independent of the Government were objective and effective conduits of
information to local officials, the diplomatic community, and such
international institutions as the Council of Europe. The Government
maintained ties to some of the human rights NGOs and responded to
inquiries. However, the Government occasionally criticized some human
rights NGOs and activists, and the Ministry of Justice routinely denied
or failed to register many groups, including human rights NGOs,
although it did not try to restrict their activities (see Section
2.b.).
A law on NGOs, passed during the year, made registration a
cumbersome process and was vague on the procedures for liquidation. The
Government accused some human rights activists of working in the
interests of foreign governments. The Government has alleged that some
domestic activists provided inaccurate lists of political prisoners to
visiting foreign government officials. The Government responded to an
inquiry by the Independent Public Commission, a group of human rights
NGOs, into the Nardaran violence in June by issuing, on October 22, an
official warning to the NGO commission's forensic specialist, Ilqar
Altay. The warning stated that he was interfering with the official
investigation, and that his actions were punishable under Article 310
of the Criminal Code.
Human rights NGOs were moderately effective. A serious impediment
to their effectiveness was the inability of local human rights
activists to work together. During the year, several human rights
activists publicly accused each other of collusion with the
authorities, lack of independence, and even taking bribes.
The local diplomatic community, the ICRC, and delegations from the
Council of Europe enjoyed access to prisons and conducted meetings with
inmates throughout the year (see Sectionc.). In June Andreas Gross, one
of the Rapporteurs for Azerbaijan at the Council of Europe, made a
speech at the Council criticizing the Government for its actions in the
village of Nardaran. The Government expressed its displeasure with
Gross's criticism by complaining in both official and independent media
about him. When Gross visited the country from July 16 to 22,
representatives of higher levels of the Government refused to meet with
him. State television ran a number of programs criticizing Gross and
repeating rumors that he would be refused a visa to visit the country.
He returned to the country during the August referendum, and relations
since have improved between him and the Government.
In December 2001, the Milli Majlis passed legislation on the
creation of an Ombudsman position, and the first Ombudsman was approved
by the Milli Majlis during the year. Citizens of the country may appeal
to the Ombudsman for violations of their human rights committed by
state bodies or individuals. The Ombudsman may refuse to handle a case
if it happened more than a year before it was submitted to the office.
The Ombudsman also does not handle anonymous complaints and may not
become involved in complaints that are being addressed by the judiciary
branch. The Ombudsman traveled to many of the regions in the country to
hear complaints and cooperated closely with the human rights activities
of foreign embassies.
Both the Milli Majlis and the Ministry of Justice had human rights
offices that heard complaints from citizens. The Ministry of Foreign
Affairs has a human rights office under the direction of a Deputy
Foreign Minister and conducted regular meetings with the diplomatic
community.
The passage of the August referendum amended the Constitution to
provide all citizens the right to appeal to the Constitutional Court.
Citizens also have the right to appeal to the European Court of Human
Rights.
Section 5. Discrimination Based on Race, Sex, Disability, Language or
Social Status
The Constitution provides for equal rights without respect to
gender, race, nationality or national origin, language, social status,
or membership in political parties, trade unions, or other public
organizations; however, in the wake of the Nagorno-Karabakh conflict,
there was widespread anti-Armenian sentiment in society.
Women.--Violence against women, including domestic violence,
continued to be a problem. In rural areas, women had no real recourse
against assaults by their husbands or others; no laws exist regarding
spousal abuse or spousal rape. There is a law against rape, which makes
rape punishable by up to 15 years in prison; however, many incidents
went unreported because such subjects were taboo in society. According
to the Society for the Defense of Women's Rights (SDWR) and the
Ministry of Internal Affairs, there were 39 rapes and attempted rapes
reported during the year. There were no government-sponsored or funded
programs for victims of domestic violence. In 2001 the Institute for
Peace and Democracy opened a women's crisis center in Baku to assist
women on a variety of issues, including physical abuse.
Prostitution was a serious problem, particularly in Baku. The legal
age of consent was 16. According to the Criminal Code, prostitution is
not a crime, but a personal matter, and prostitutes cannot be
criminally charged. However, pimps and brothel-owners are liable to
criminal laws. Pornography is prohibited.
Trafficking in women was a problem (see Section 6.f.).
Women nominally enjoy the same legal rights as men; however,
societal discrimination was a problem, and traditional social norms
continued to restrict women's roles in the economy. Representation of
women was significantly lower in the higher levels of the work force,
and there were few women in leading business positions. The labor law
prohibits pregnant women from working at night and pregnant women with
children under 18 months of age from working more than 36 hours per
week. According to the labor law, women are also prohibited from
working underground.
There were 24 registered NGOs that addressed issues pertaining to
women. The SDWR, one of the most active women's NGOs in the country,
provided speech and communication training for women from all political
parties.
Children.--The Constitution and laws commit the Government to
protect the rights of children to education and health care; however,
difficult economic circumstances limited the Government's ability to
carry out these commitments. Public education was compulsory, free, and
universal until the age of 17. During the year, 86.7 percent of school-
age children attended school. The Government provided minimum standards
of health care for children, although the quality of medical care
overall was very low.
The Criminal Code mandates severe penalties for crimes against
children, and the young generally were treated with respect regardless
of gender. There was no known societal pattern of abuse of children. A
large number of refugee and IDP children lived in substandard
conditions in refugee camps and public buildings (see Section 2.d.). In
some cases, particularly among Chechen refugees, children were unable
to attend school. Poverty at times compelled families to send their
children to beg on the streets (see Section 6.c.).
Trafficking of children continued to be a problem (see Section
6.f.).
Persons with Disabilities.--The law gives priority to persons with
disabilities in obtaining housing, as well as discounts for public
transport and pension supplements. The Government did not have the
means to fulfill these commitments. There are no special provisions in
the law mandating accessibility to public or other buildings for
persons with disabilities, and such access was not a government
priority.
National/Racial/Ethnic Minorities.--Many indigenous ethnic groups
live in the country. The Constitution provides for the right to
maintain one's nationality and to speak, be educated, and carry out
creative activity in one's mother tongue or any language, as desired.
However, some groups have complained that the authorities restricted
their ability to teach or print materials in indigenous languages.
Separatist activities undertaken by Farsi-speaking Talysh in the south
and Caucasian Lezghins in the north in the early 1990s engendered some
suspicions in other citizens and fostered occasional discrimination.
Meskhetian Turks displaced from Central Asia, as well as Kurdish
displaced persons from the Armenian-occupied Lachin region, also
complained of discrimination. A senior government official was
responsible for minority policy. Some members of other ethnic groups
also complained credibly about discrimination. Preventing this
discrimination was not a government priority.
Some Armenians and persons of mixed Armenian-Azerbaijani descent
have complained about being unable to register their residences, find
work, and get access to medical care and education due to their
ethnicity. The approximately 10,000 to 30,000 citizens of Armenian
descent complained of discrimination in employment, schooling, housing,
and other areas. They also complained of discrimination and harassment
at workplaces, and of the refusal of local government authorities to
pay pensions. Most shielded their identity or tried to leave the
country. Some changed their nationality, as reported in their
passports. Armenian widows have had permits to live in Baku revoked.
Some persons of mixed Armenian-Azerbaijani descent continued to occupy
government positions. Public figures whose parents reportedly were of
mixed-Armenian and Azerbaijani marriages, or had such marriages, were
attacked publicly by colleagues in the press.
In the area of the country controlled by ethnic Armenian forces,
the Armenians forced approximately 600,000 ethnic Azerbaijanis to flee
their homes (see Section 2.d.). The regime that controlled these areas
effectively banned them from all spheres of civil, political, and
economic life.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association, including the right to form labor unions; however,
there were some limits on this right in practice. The Azerbaijani Labor
Federation, which was close to the Government, claimed some 300,000
members. The semi-independent Azerbaijan Trade Union Confederation
(ATUC) had 1.5 million members, of which approximately 800,000 were
active. The overwhelming majority of labor unions still operated as
they did under the Soviet system and remained tightly linked to the
Government. Most major industries were state-owned. Police, customs,
and military personnel were prohibited from forming unions. The law
prohibits trade unions from engaging in political activity, but
individual members of trade unions had no such restrictions.
In 1997 the State Oil Company (SOCAR) formed a progovernment union,
the Azerbaijan Union of Oil and Gas Industry Workers, which took over
the former Independent Oil Workers Union without a vote by the union
membership. It continued to operate without a vote by its rank and file
workers. An independent group of oil workers, the Committee to Defend
the Rights of Azerbaijani Oil Workers, operated outside of established
trade union structures and promoted the interests of workers in the
petroleum sector.
According to the International Confederation of Trade Unions'
(ICFTU's) Annual Survey of Violations of Trade Unions Rights during the
year, one of the most serious problems facing unions in the country is
that union dues rarely were transferred to them. As a consequence, the
unions did not have the resources to carry out their activities
effectively. The ATUC has listed approximately 40 enterprises in almost
all sectors where dues have not been transferred.
There were reports of antiunion discrimination by foreign companies
operating in Baku; however, there were no reports of government
antiunion discrimination. Labor disputes were handled by local courts.
The ATUC sometimes helped plaintiffs with lawyers and legal advice.
Unions were free to form federations and to affiliate with
international bodies. In November 2000, the ATUC became a member of the
ICFTU.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining agreements to set wages in state
enterprises and a labor inspectorate continued to operate; however,
these laws did not produce an effective system of collective bargaining
between unions and enterprise management. Government-appointed boards
ran the major state-owned firms and set wages. Unions did not
effectively participate in determining wage levels. In a carryover from
Soviet times, both management and workers were considered members of
professional unions.
The Constitution provides for the right to strike, and there were
no legal restrictions on this right. The law prohibits retribution
against strikers. Some classes of workers, such as police, judges, or
public transport workers, are prohibited from striking. During the
year, there were several peaceful strikes to demand salary increases or
payment of unpaid wages.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution allows
forced or bonded labor only under states of emergency or martial law or
as the result of a court decision affecting a condemned person. Two
departments in the General Prosecutor's office (the Department of
Implementation of the Labor Code and the Department for Enforcement of
the Law on Minors) were responsible for enforcing the prohibition on
forced or bonded labor.
According to Human Rights Watch, in some military units officers
secretly used conscripts as unpaid laborers on construction projects.
In July eight conscripts died in 1 week, from sunstroke (see Section
1.a.).
No constitutional provisions or laws specifically prohibit forced
or bonded labor by children. There were reports that some parents
forced their children to beg.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment was 16 years. The law
allows children ages 14 and 15 to work with the consent of their
parents and limits the workweek of children between the ages of 14 and
16 to 24 hours per week. However, children at the age of 15 may work if
the workplace's labor union does not object. There were no explicit
restrictions on the kinds of labor that 15-year-old children may
perform with union consent. The Ministry of Labor and Social Security
had primary enforcement responsibility for child labor laws. With high
adult unemployment, there were few, if any, complaints of abuses of
child labor laws.
At year's end the Government had not ratified the International
Labor Organization (ILO) Convention 182 on the worst forms of child
labor.
e. Acceptable Conditions of Work.--The Government has set by decree
the nationwide administrative minimum wage at $5.00 (27,000 manats) per
month. This wage was not sufficient to provide a decent standard of
living for a worker and family. The recommended monthly wage level to
meet basic subsistence needs was estimated to be $50 (215,000 manats)
per person. Most workers earned more than the minimum wage. Many relied
on the safety net of the extended family. Many families relied on
remittances from relatives working in Russia. Combinations of these and
other strategies were the only way for broad sectors of the urban
population to reach a subsistence income level.
The legal workweek was 40 hours. There was a 1-hour lunch break per
day and shorter breaks in the morning and afternoon. The Government
attempted to enforce this law in the formal sector, but not in the
informal sector where the majority of persons worked.
Health and safety standards existed but were ignored widely.
Workers could not leave dangerous work conditions without fear of
losing their jobs.
Foreign workers are protected under the law and enjoyed the same
rights as citizens.
f. Trafficking in Persons.--There are no laws that specifically
prohibit trafficking in persons, although traffickers may be prosecuted
under articles prohibiting forced prostitution and labor; trafficking
in persons remained a problem. There were unconfirmed reports that
corruption by officials facilitated trafficking.
Under the Criminal Code, the act of forcing an individual into
prostitution carries a 10 to 15 year jail term, which is a harsher
sentence than in the previous code. The Criminal Code provides severe
penalties for people who enslave, rape, or coerce children into
prostitution. The Criminal Code is not limited to citizens in
Azerbaijan, but it has no extra-territorial effect. During the year,
four persons whom international organizations consider to be
traffickers were prosecuted under forgery laws in the Criminal Code.
The Government, with the consent of the President, was formulating a
national plan of action with the goal of amending their Criminal Code
to include specific anti-Trafficking in Persons (TIP) legislation at
year's end.
According to the International Organization for Migration (IOM),
the country was primarily a country of origin and a transit point for
trafficked women, men, and children. They were trafficked into northern
Europe, particularly to the Netherlands and Germany, where many
unsuccessfully sought asylum. Traffickers usually sent women to the
United Arab Emirates (UAE), Iran, Turkey, or Western Europe, mainly
Germany, to work as prostitutes. Women from Iran, Russia, and sometimes
Iraq were transported through the country to the UAE, Europe, and
occasionally the U.S. for the same purposes.
Traffickers generally targeted women; however, there also were
cases in which men and children were victims of trafficking.
Traffickers were either foreigners or ethnic Azerbaijanis who acted as
middlemen for large trafficking syndicates headquartered abroad.
Victims were approached directly and indirectly through friends and
relatives. Traffickers also used newspaper advertisements offering
false work abroad. According to the Society for the Defense of Women's
Rights, draft-age men seeking to escape military service in 2000 were
invited by local traffickers to work in the hotel industry in Turkey,
but ended up in male brothels. Another NGO reported that families of
young women had been approached by individuals claiming that visiting
Iranian businessmen had seen their daughters and wished to marry them.
Following parental permission for such marriages, the women were
transported to Iran to work as prostitutes.
There was no evidence of government complicity in the facilitation
of the trafficking of persons; however, NGOs suspected that lower-level
civil servants accepted bribes from traffickers in exchange for turning
a blind eye to their activities.
The Ministry of Internal Affairs, the Ministry of Labor and Social
Protection, and the Border Guards were responsible for antitrafficking
efforts. There were no government antitrafficking campaigns. There was
no mechanism to return trafficked women to Azerbaijan, but the
Government stated that it had in place a program to assist trafficked
victims. There were no reports of deportations of Azerbaijani nationals
back to Azerbaijan for trafficking or prostitution.
The IOM has conducted awareness campaigns and unveiled a study of
trafficking in the country. Several NGOs and the State Committee for
Women's Issues of the Azerbaijan Republic dealt with the problems of
trafficking in women and prostitution.
__________
BELARUS
According to its amended Constitution, the country is a republic
with a directly elected President. President Alexander Lukashenko
(elected in 1994) continued to undermine democratic institutions
through a series of unfair elections and a seriously flawed
Constitutional referendum. In September 2001, President Lukashenko
renewed his term in office through an election process that the
Organization for Security and Cooperation in Europe (OSCE) described as
neither free nor fair. The October 2000 parliamentary elections
received a similar evaluation. The judiciary is not independent.
The Committee for State Security (KGB) and the Ministry of Internal
Affairs (MVD), both of which reported directly to the President, shared
law enforcement and internal security responsibilities. Under the law,
the President has the right to subordinate all security bodies to his
personal command. Apart from the President, civilian authorities did
not maintain effective control of the security forces. Under
Lukashenko's direction, the Presidential Guard--which was created
initially to protect senior officials--continued to act against the
political enemies of the Lukashenko regime with no judicial or
legislative oversight. Members of the security forces committed
numerous serious human rights abuses.
The country had a population of approximately 10 million. The
economy was planned centrally with industry accounting for
approximately half of economic output. The majority of workers were
employed in the state industrial and state agricultural sectors. In the
state sector wages were lower than the national average and wage
arrears were chronic though often of short duration and limited scope.
Official macroeconomic statistics have become more reliable, and showed
that living standards for many segments of society continued to
decline. Residents of small towns and rural areas, where incomes were
particularly low, sustained themselves through unreported economic
activity and subsistence farming.
The regime's human rights record remained very poor and worsened in
several areas. The authorities effectively continued to deny citizens
the right to change their government. At least one suspicious death of
a political activist was reported. The authorities did not undertake
serious efforts to account for the disappearances of well-known
opposition political figures in previous years and discounted credible
reports during the year regarding the regime's role in those
disappearances. Police abuse and occasional torture of prisoners and
detainees continued. There were also reports of severe hazing in the
military forces. Prison overcrowding remained a problem. Security
forces arbitrarily arrested and detained citizens, and the number of
apparently politically motivated detentions greatly increased, although
many of those detained were held for brief periods. The security
services continued to infringe on privacy rights and freedom of
movement by closely monitoring the activities of opposition
politicians, human rights organizations, and other segments of the
population.
The regime continued to restrict freedom of speech and of the
press, and did not respect freedom of assembly or association. The
regime introduced several new decrees that further restricted these
freedoms. It began an assault on the independent media that resulted in
the closure of several newspapers and the jailing of journalists on
libel charges. The authorities also enacted a new law on religious
groups that severely restricts freedom of religion and favors the
Russian Orthodox Church at the expense of nontraditional religions. The
regime restricted freedom of movement.
Opposition political parties and movements were subjected to
increased pressure through both judicial and extra-judicial measures,
including physical abuse of political opponents. Regime security agents
closely monitored human rights organizations and hindered their
efforts. Domestic violence and discrimination against women remained
significant problems. The authorities continued to restrict severely
workers' rights to associate freely, organize, and bargain
collectively. Trafficking in women and children remained a problem,
which at the end of the year the authorities took steps to address.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings committed by the regime or its
agents during the year. The use of excessive force by police led to one
death in custody.
On September 5, the Minsk City Prosecutor's Office charged two
police officers with beating a homeless man in their custody to death
in late August. A forensic examination indicated the cause of death was
injuries suffered from a beating. The case was pending at year's end.
In December 2001, Andrei Zaitsev, a 24-year-old Gomel-based
opposition activist, is alleged to have hanged himself a few days after
he had been sentenced to 3 months confinement on a minor trumped-up
charge. Friends and family noted numerous inconsistencies and
irregularities in the suicide and demanded a criminal investigation.
Before his death he allegedly left both a note stating that the KGB had
tried to recruit him, as well as an audio recording of his conversation
with a KGB officer named Yevstigneyev. According to Zaitsev's note, the
KGB agent offered him freedom in exchange for cooperation with the KGB.
Gomel District Prosecutor Vladimir Podsekin insisted that the death was
indeed a suicide, and claimed that the KGB was not responsible. In
explaining his rejection of the parents' request to institute criminal
proceedings, Podsekin noted only that the law does not prohibit the KGB
from recruiting informers.
Former government investigators and human rights monitors continued
to provide credible reports that senior regime officials were involved
in the disappearances and presumed murders of journalist Dimitry
Zavadsky in 2000 and opposition figures Yury Zakharenko, Viktor
Gonchar, and Anatoliy Krasovsky in 1999 (see Section 1.b.). Observers
suspect that Zakharenko, Gonchar, and Zavadsky, who each worked for the
Lukashenko regime prior to joining the opposition, were killed because
of their involvement with the opposition.
On November 20, a journalist from neighboring Ukraine, Mykhailo
Kolomiyets, was found hanged near Malodocheno in Belarus. Kolomiyets
disappeared from Kiev on October 28. The Kiev prosecutor's office
invited a team of foreign investigators to help determine whether
Kolomiyets committed suicide (see section 2.a.).
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances.
Despite the conviction of four members of the SOBR (a special
Ministry of the Interior SWAT team), whose activities led them to be
popularly known as a ``death squad,'' the cases from previous years
regarding disappearances of several opposition leaders, including
Dimitry Zavadsky, remain unresolved. On March 14, the regime convicted
four SOBR members, Valery Ignatovich, Maksim Malik, Aleksei Guz, and
Sergei Saushkin in the disappearance of Dmitri Zavadsky. In July 2000,
Zavadsky, a cameraman for the Russian television network ORT and
previous cameraman for President Lukashenko, disappeared at the Minsk
Airport while waiting for ORT journalist Pavel Sheremet to arrive from
Moscow. Zavadsky and Sheremet had been arrested in 1997 by regime
authorities for crossing the border illegally while filming a
documentary critical of the Lukashenko regime.
The accused were charged with the Zavadsky kidnaping, and also with
seven premeditated murders, five armed assaults, and a second
kidnaping. The proceedings were closed to the public and press. The
trial, which was viewed widely as unjust by observers, also resulted in
a criminal charge of slander filed against the attorney for Zavadsky's
mother after he called on the court to examine investigative records
implicating current Prosecutor General Sheiman in the abductions and
murders. Zavadsky's wife and a lawyer representing his mother were
allowed to attend, but were under court order not to disclose anything
about the court proceedings. The trial was notable for not addressing
the obvious question of what the accused eventually did with Zavadsky
after kidnaping him. Some observers claimed that SOBR member Ignatovich
was drugged during the testimony phase of the trial so that he could
not incriminate others; the authorities stated that he was
semiconscious because he was on a hunger strike. The judge later
ordered him removed from the courtroom. Many human rights advocates
believe that the regime's handling of the Zavadsky case did not
constitute meaningful progress toward resolution because of the
officials' refusal to investigate whether higher authorities ordered
the kidnaping and execution.
However, there was considerable evidence which appeared to link the
Zavadsky disappearance to those of other leading regime opponents. In
2000 an open letter on the Internet, reportedly written by a KGB
officer, alleged that Zavadsky had been killed by a group of former and
serving security service officers, and that senior authorities
interceded with Lukashenko in order to prevent investigators from fully
examining the case. Lukashenko claimed that the Internet letter was a
fabrication and promised to renew the investigations into the
disappearances; however, following his announcement he removed both
Prosecutor General Oleg Bozhelko and KGB Chief Uladzimir Matskevich,
who had been leading the investigation. Shortly thereafter, Lukashenko
appointed Sheiman to the post of Prosecutor General.
In January 2001, ORT reported that the decision to replace these
two officials was in fact a direct response to the arrest of Dmitriy
Pavluchenko, head of a special Almaz brigade, in connection with the
abduction and suspected killing of Gonchar and Krasovsky (see Section
1.a.). The report alleged that Pavluchenko was arrested but released
after Lukashenko personally intervened. Sources close to the former KGB
Chief and the former Prosecutor General stated that the two had
requested permission to arrest Viktor Sheiman, then head of the
Presidential Security Council, for ordering the killings. Lukashenko
had refused; instead he dismissed them and put Sheiman in charge of the
investigation.
There also has been no progress in the case of former Minister of
Internal Affairs Yury Zakharenko, who disappeared on May 7, 1999.
Zakharenko, who was popular among Ministry of Interior personnel and a
close associate of then-detained former Prime Minister Mikhail Chigir,
disappeared after voting began in an opposition presidential election
initiative in which Chigir was one of the principal candidates. An
investigation began 6 months later, but there was no evidence that the
authorities had taken concrete steps to resolve the case. The regime
failed to present any information on the investigation in response to a
request from the U.N. Working Group on Involuntary Disappearances, and
continued to harass and hinder the investigations into Zakharenko's
disappearance by independent nongovernmental organizations (NGOs).
During the September 2001 presidential campaign, regime-dominated
media repeatedly ran stories alleging that Zakharenko was alive and
well in Germany and that his disappearance had been fabricated by the
opposition. In December 2001, following the presidential elections that
fall, Zakharenko's wife accused Lukashenko of direct involvement in
Zakharenko's disappearance. She subsequently fled the country with her
children, seeking political asylum. At a September 17 press conference,
Lukashenko repeated his previous assertions that Zakharenko was alive,
claiming again that the opposition faked his disappearance. In the same
month, the Minsk City court rejected an appeal by Zakharenko's wife
Olga, who sought to have her husband declared legally dead.
There has been no satisfactory resolution of the September 1999
disappearance of 13th Supreme Soviet Deputy Chairman Viktor Gonchar and
his local business associate Anatoly Krasovsky. The disappearances of
both occurred after Lukashenko, in a meeting broadcast on state
television, ordered the chiefs of his security services to crack down
on what they consider opposition scum. At the time, Gonchar was a high-
profile anti-regime politician and Krasovsky was considered an active
fundraiser for the opposition. On November 20, a Minsk court ruled that
Krasovsky was missing but refused to find him legally dead. On December
5, another Minsk court handed down a similar ruling on the legal status
of Gonchar. Zakharenko's status is on hold pending the outcome of
criminal proceedings.
Irina Krasovskaya, the wife of businessman Anatoly Krasovsky,
reported that she had received additional evidence from Oleg Alkayev,
the former warden of Minsk's death row prison, at an October 13 meeting
in Germany. According to her statement, she and Garri Pogonyailo of the
Belarusian Helsinki Committee had a lengthy conversation with Alkayev
in which he confirmed again that he had issued the execution pistol to
the commander of the SOBR on dates preceding the disappearances, as
well as the pistol's return following them.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, police
and prison guards regularly beat detainees and prisoners. By law,
police and prison officials may use physical force only against
detainees and prisoners who are violent, have refused to obey the
instructions of the prison administration, or have violated
``maliciously'' the terms of their sentences. However, human rights
monitors repeatedly reported that investigators coerced confessions
through beatings and psychological pressure. In 2000 the U.N. Committee
against Torture issued conclusions and recommendations in its third
periodic report on the country. The Committee cited concern over the
deterioration in the human rights situation and noted numerous
continuing allegations of torture and inhuman treatment or punishment
of political opponents of the regime and peaceful demonstrators
committed by, or with the acquiescence of, state officials.
Police and plainclothesmen frequently beat individuals while
arresting them or holding them in detention. On February 20, Dmitry
Dashkevich filed a formal complaint that police officers beat him on
the way to the police station following his arrest after demonstrations
on February 14 even though he did not resist the arrest. At the police
station, he was handcuffed to a radiator and beaten along with
Stanislav Ivashkevich, another detainee.
Police reportedly beat and tortured Alexandr Chigir, the younger
son of prominent opposition politician Mikhail Chigir, and he was
convicted on March 6 to 7 years in prison on charges of stealing auto
parts, charges that many observers believed were fabricated. Both
Alexandr Chigir and two witnesses who testified against him later said
that their confessions and testimony had been the result of police
beatings and torture. According to Yashin, the police first tortured
him, demanding statements against Chigir junior, then incarcerated him
in a dark cell without fresh air on a death-row prison block, where he
developed tuberculosis. He was brought into the courtroom in a TB mask.
When called to court, police officers denied using any rough methods
against either Yashin or Yutskevich. However, medical experts confirmed
that both had numerous bruises. Alexander Chigir's lawyer was
hospitalized following an attack by unknown individuals on March 6, and
was unable to represent his client for most of the trial.
Police also frequently beat participants in demonstrations and at
times denied them food while they were in detention (see Section 2.b.).
Retired police Lieutenant General Myacheslav Grib told journalists on
March 25 that the police enjoyed ``permissiveness and impunity for
several years.'' He said that police violence against peaceful street
demonstrators, which has become an ordinary occurrence and is almost
encouraged by the authorities had made the process uncontrollable and
that more ordinary individuals increasingly found themselves to be
victims of ill-treatment.
There were also suspicious beatings of political opponents reported
during the year. At year's end no one had been charged with, or
arrested for, the assaults. On the evening of June 9, the husband of
United Social Democratic Party (USDP) leader Valentina Polevikova was
beaten up in the evening as he exited a trolley bus to return home. He
did not see his attackers, and regained consciousness the following
morning lying on the compound of a nearby kindergarten.
Seven Hindus were assaulted in several incidents in late August and
early September while the regime was cracking down on that religious
movement. One of them, Tatyana Zhilevich, was beaten up and taken to a
hospital with head injuries (see section 2.c.).
On September 16, Aleksei Korol, deputy chairman of the USDP, was
assaulted and robbed by unidentified assailants when he was returning
home from Vilnius, Lithuania, after meetings with Lithuanian Social
Democrats. Near the entrance to his house, he was hit on the head with
something heavy and lost consciousness for approximately 15 minutes.
While unconscious, his bag, passport, and wallet were taken. The USDP
has condemned the attack on Korol as political.
Dedovshchina--the practice of hazing new army recruits through
beatings and other forms of physical and psychological abuse--
reportedly continued. During the year, 15 criminal charges were brought
against servicemen accused of battering their subordinates and
disciplinary action was taken against 160 officials. The authorities
blocked efforts by family members and human rights monitors to
investigate these and other reports of Dedovshchina.
Prison conditions remained poor and were marked by severe
overcrowding, shortages of food and medicine, and the spread of such
diseases as tuberculosis, syphilis, and HIV/AIDS. Interior Minister
Naumov stated on May 28 that the prison population exceeded its
capacity by 37 percent. In addition, credible reports indicate that
prison guards regularly beat detainees and prisoners. According to
Vladimir Kudinov, a member of the disbanded Parliament and vocal critic
of the Lukashenko regime who spent 4 years in prison, torture was
widespread in prisons.
According to human rights monitors, conditions at prison hospitals
were also poor. The average amount of space provided for each inmate
was 1.2 square yards. In many cases, food provided in prisons did not
meet minimum medical requirements. In September Hindu detainees who
adhere to a strict vegetarian diet were given regular meat-based food
to eat (see Section 2.c.). Detainees in pretrial detention facilities
also reported poor conditions and denial of medical treatment, which
contributed to declining health while awaiting trial. Two protesters
affiliated with Zubr (a well-known youth movement) complained about
conditions of confinement, saying that the cells were overcrowded and
often contained alcoholics who experienced delirium. The pair were not
allowed exercise and were unable to walk during their 10-day detention.
In addition, the wife of a Hindu leader who was jailed for praying in
the street was beaten by other inmates while in prison (see Section
2.c.).
According to prison policy, male and female prisoners were held
separately. Juveniles were held separately from adults, and pretrial
detainees normally were held separately from convicted prisoners;
however, due to prison overcrowding, they occasionally were held
together.
At times the regime granted human rights monitors access to observe
prison conditions; however, only family members and lawyers were
permitted to visit individual prisoners during the year.
d. Arbitrary Arrest, Detention, and Exile.--The law places limits
on arbitrary detention; however, security forces continued to arrest
and detain citizens arbitrarily. Such detentions most often were
connected with demonstrations, some of which were not authorized (see
Section 2.b.). Politically motivated arrests continued, although most
of those arrested were released within a few days or hours.
Both the Criminal Procedure and Administrative Codes specify that
police may detain a person for up to 3 hours without providing any
explanation for the detention, and the authorities frequently used this
provision to detain opposition members and demonstrators. According to
the Criminal Code, police may detain a person suspected of a crime for
24 hours without a warrant, within which time the procurator is
notified. The procurator then has 48 hours to review the legality of
the detention. If the procurator finds that the detention is legal, a
suspect may be held for a maximum of 10 days without a formal charge.
However, once the decision is made to hold a suspect, formal charges
generally are filed. Once a suspect is charged, a trial must be
initiated within 2 months, although in some cases the procurator
general may extend pretrial detention to 18 months to allow for further
investigation. Alternatively a suspect who has been charged may be
released on a written pledge not to flee, in which case there is no
time limit on pretrial investigation. The law gives detainees the right
to petition the court (rather than the procurator) to determine the
legality of their detention. In practice the appeals of suspects
seeking court review of their detentions are frequently suppressed
because detention officials are unwilling to forward the appeals.
Statistics on the number of persons in pretrial detention and the
average length of such detention were not available. No provision for
bail exists under the legal code.
Despite legal protections, investigators routinely failed to inform
detainees of their rights and conducted preliminary interrogations
without giving detainees an opportunity to consult counsel. In some
cases the information gained in interrogations conducted without
counsel was used against the defendant in court. Access by family
members to those detained was at the discretion of the investigators
and they frequently were not notified when a family member, even a
juvenile, was detained.
Lengthy pretrial detention periods were common. At year's end, for
example, the following persons remained in detention: Mikhail Leonov,
director general of the MTZ tractor factory had been in pretrial
detention since his arrest in early January on corruption charges;
artist Ales Pushkin had been in detention since he was arrested in
Minsk in July for attempting to stage a performance on Republic Day,
the date authorities mark the liberation of Minsk from German Nazi
occupation; entrepreneur Oksana Novikova remained in detention after
having been arrested on October 17 for passing out anti-Lukashenko
leaflets in Minsk's Oktyabrskaya Square; and 61-year-old industrialist
and recent presidential candidate Leonid Kalugin had been in pretrial
detention since November 2001, when he was charged with abuse of power,
illegal currency practices, and illegal business activity.
Unidentified plainclothes officials working for the security
services also regularly apprehended and detained individuals engaged in
antiregime demonstrations and in the distribution of opposition
materials. There were several reports that individuals and members of
organizations involved in publishing opposition media were arrested and
detained (see Section 2.a.). Security officials also held some
detainees incommunicado following demonstrations. In addition to the
hundreds of antiregime protesters, many of whom authorities held for
several hours or days, authorities also held several prominent
political detainees for prolonged periods of time in pretrial
detention. In some cases these detentions lasted more than 1 year (see
section 1.c).
While the Constitution does not address forced exile and the
authorities did not generally use forced exile, there were credible
reports that the security services threatened opposition political
activists and trade union leaders with criminal prosecution or physical
harm if they did not cease their activities and depart the country.
e. Denial of Fair Public Trial.--The 1994 Constitution provides for
an independent judiciary; however, in practice the judiciary was not
independent and was unable to act as a check on the executive branch
and its agents. The 1996 Constitution further subordinated the
judiciary to the executive branch by giving the President the power to
appoint 6 of the 12 members of the Constitutional Court, including the
chairman. The remaining 6 are appointed by the Council of the Republic
which itself is composed of individuals appointed by the President or
those deferential to the President. The President appoints the chairmen
of the Supreme Court and the Supreme Economic Court. The President also
has the constitutional authority to appoint and dismiss all district
and military judges.
The criminal justice system has three tiers: District courts,
regional courts, and the Supreme Court. The Constitutional Court was
established to adjudicate serious constitutional issues; however,
because it was dependent on the executive branch, it did not in
practice challenge presidential initiatives. The Constitutional Court
has no means of enforcing its decisions.
Prosecutors, like the courts, were organized into offices at the
district, regional, and republic levels. They ultimately were
responsible to and serve at the pleasure of the Procurator General, who
was appointed by the Council of the Republic. Prosecutors were not
independent and did not have the authority to bring charges against the
President or the Presidential Administration.
A Presidential decree subordinates all lawyers to the Ministry of
Justice, which controls the licensing of lawyers; therefore, the bar
association also was to a considerable extent under Ministry of Justice
control. According to international legal experts and human rights
monitors, the decree seriously compromised the independence of lawyers
from the authorities. For example, authorities disbarred human rights
lawyer Igor Aksyonchik for his participation in the trial of the
convicted kidnapers of ORT cameraman Dimitri Zavadsky (see section
1.b.).
Both the 1994 and 1996 Constitutions provide for public trials,
although there can be exceptions in cases established by law (for
example, in cases of rape or on grounds of national security). The
courts increasingly closed trials to observers. The September 11 libel
trial of Viktor Ivashkevich was closed to the public (see Section
2.a.). International and domestic observers were also barred from the
trials of Pahonia journalists Nikolai Markevich and Pavel Mazeyko (see
Section 2.a.). Judges adjudicated trials. Only in the case of capital
offenses in which the defendant pleads not guilty and demands a jury
trial did juries determine innocence or guilt. Since judges were
dependent on the Ministry of Justice for sustaining court
infrastructure and on local executive branch officials for providing
their personal housing, there were widespread and credible reports that
executive and local authorities dictated the outcome of trials to the
courts. The Procurator's Office denied these assertions.
Defendants have the legal right to attend proceedings, confront
witnesses, and present evidence on their own behalf; however, in
practice these rights were not always respected. By law detainees must
be allowed unlimited access to legal counsel and for those who cannot
afford counsel, the court must appoint a lawyer. However, at times this
right was not respected. A district judge denied Yury Belenky access to
his lawyer at his October 1 trial for holding an unsanctioned
demonstration (see Section 2.a.).
The Constitution establishes a presumption of innocence; however,
in practice defendants frequently had to prove their innocence.
According to 1998 statistics, the latest available, from the Belarusian
Helsinki Committee, criminal charges were brought by prosecutors
against 59,700 individuals. Of these only 272, or fewer than 0.5
percent, were found to be not guilty.
Both defendants and prosecutors have the right to appeal court
decisions, and most criminal cases were appealed; however, appeals
rarely resulted in reversals of verdicts. In an appeal, neither
defendants or witnesses appear before the court; the court merely
reviews the protocol and other documents from the lower court's trial.
Throughout the year, anti-regime protestors arrested after
demonstrations were subjected to assembly-line style trials, often
without the right to counsel or the opportunity to present evidence or
call witnesses (see Section 2.b.). For example, Vintsuk Vyachorka, the
leader of the opposition Belarusian Popular Front, was sentenced to 15
days in prison in 2001 for holding an unsanctioned rally in March of
that year; at his trial he was not allowed an appeal or a closing
statement.
On April 3, the Prosecutor General's Office announced that it had
taken Yury Yankelevich, a department head at the Gomel State Medical
Institute, into custody in connection with the June 2001 bribery
investigation against a university professor, Yury Bandazhevsky. The
Prosecutor's Office alleged that in 1997 while working for the
institute, Yankelevich accepted a large bribe, which he shared with
Bandazhevsky. Seven other faculty members in addition to Yankelevich
were charged with bribery. However, in each case the courts suspended
sentencing. Bandazhevsky and another professor, Vladimir Revkov, had
been convicted of bribery in June 2001, after a 4-month trial and
sentenced to 8 years in prison. Revkov, who had already spent 19 months
in a local pretrial detention cell, is the former deputy rector of the
Gomel State Medical Institute, and Bandazhevsky is a former rector of
the Institute. Testimony from students and parents reportedly was
coerced.
Andrei Klimov of the disbanded elected Parliament was released from
prison in April. He had been convicted in 2000 on what were considered
widely to be fabricated charges of malfeasance and large-scale
embezzlement in the handling of government contracts at a property
development firm that he ran.
There were no other reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
these rights were not respected in practice. The interception of
telephone and other communications without a court order is prohibited;
however, in practice the regime continued to monitor residences,
telephones, and computers. The KGB, MVD, and certain border guard
detachments use wiretaps, but under the law they must obtain a
prosecutor's permission before installing them; in addition, the KGB
entered homes, conducted unauthorized searches, and read mail without
warrants.
The prosecutor's office exercised no independence, effectively
rendering the due process protections regarding wiretaps meaningless.
The Administrative Offenses Code provides penalties for those who
obstruct KGB officers in the performance of their duties. Any effort to
prevent KGB officers from entering the premises of a company,
establishment, or organization is a criminal offense, as is any refusal
by such entities to allow audits or to deny or restrict access to
company information systems and databases. Contracts used by the
Ministry of Communications for supplying telephone service forbid
subscribers from using telephone communications for purposes that run
counter to state interests and public order. The Ministry has the
authority to terminate telephone service to those who breach this
provision; however, there were no reports during the year that the
Ministry exercised this authority.
Nearly all opposition political figures report that the authorities
monitored their activities and conversations. The regime did nothing to
refute these reports. Representatives of certain NGOs also said that
their conversations and correspondence were monitored routinely by the
security services. On September 9, UCP leader Anatoly Lebedko asked the
Prosecutor General's Office to investigate the illegal wiretapping and
publication of his private conversation with a Russian parliamentarian.
Giving no reason, the Prosecutor General declined to investigate the
charge.
The Presidential Guard (or security service) reportedly continued
to conduct surveillance activities of the President's political
opponents. There was no judicial or legislative oversight of the
Presidential Guard's budget or activities, and the executive branch
repeatedly thwarted attempts to exercise such oversight. Some regime
officials are themselves monitored. Militia officers assigned to stand
outside diplomatic missions are known to keep records of visits by
political opposition leaders. On November 4, opposition leader Anatoly
Lebedko was detained forcibly near a foreign Embassy by plainclothes
officers who refused to identity themselves. They drove him to the KGB
headquarters and issued him a formal warning that he would be charged
with treason if he did not cease his contacts with foreigners. Some
opposition figures expressed reluctance to visit foreign embassies due
to fear of reprisals.
Harassment in the form of inspections by security officials and
confiscation of political literature, often without warrants, was
widespread. Targets included opposition candidates and their
supporters. In March opposition leaders traveling to a conference in
Lithuania were subjected to detailed personal searches at the border,
and UCP leaders Lebedko and Romanchuk had their papers and laptop
confiscated upon return from an October conference in Prague.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Both the 1994 and 1996
Constitutions provide for freedom of speech as well as the freedom to
receive, retain, and disseminate information; however, the regime
restricted these rights in practice. Laws and decrees restrict freedom
of expression by limiting citizens' use of symbols and words on posters
and by overly broad interpretation of libel laws to restrict criticism
of regime officials and activities. The regime restricted freedom of
the press in many ways, including: Use of libel laws, limitations on
foreign funding, pressure on businesses not to advertise with
independent media, limitations on access to newsprint, denial of
accreditation to critical journalists, censorship, restrictions on the
import of media-related materials, temporary suspension of opposition
periodicals, legal action against the main independent publishing
house, and detention of individuals seeking to distribute opposition
newspapers. The regime made use of its monopoly on television
broadcasting to present biased news coverage and to minimize the
presentation of opposing points of view. These restrictions on press
freedom were particularly severe in the period before the September
2001 presidential election.
The executive branch continued its suppression of freedom of
speech. A 1997 presidential decree prohibits a range of broadly defined
activities and limits freedom of expression. The decree prohibits
individuals from carrying placards or flags bearing emblems that are
not registered officially with the State, as well as emblems, symbols,
and posters that intended to harm the State and public order or rights
and legal interests of the citizens. The decree also bans activities
that demean state authorities. This decree has been used to prosecute
and fine those carrying symbols emphasizing the country's independence,
such as the red and white flag. A 1998 decree limited citizens' right
to express their own opinions. In 2001 Ales Abramovich, Alesia Yasiuk,
Nadzieya Grachukha, and Dmitry and Mikhail Kuznitsov were arrested and
charged with defamation for verbal abuse of the president's honor and
dignity during the course of a 30-minute demonstration in Borisov.
Throughout the year, the regime fined, warned, or jailed members of the
media, members of opposition and religious groups, and others who
publicly criticized the regime. On October 17, Oksana Novikova was
arrested for distributing anti-Lukashenko pamphlets in Minsk and
charged with slandering the President. She was subsequently released.
The defamation law makes no distinction between private and public
persons in lawsuits concerning defamation of character. A public figure
who was criticized for poor performance in office may ask the
prosecutor to sue the newspaper that printed the criticism.
The newspapers and other print media with the largest circulation
were state-owned, although there also were a number of independent
publications, some of which were critical of the regime. Independent
newspapers were available widely in Minsk, but outside of the capital,
variety was limited to the state-run national newspaper and local
newspapers, only some of which were independent.
All nationally-available radio and television broadcasts
originating in the country were government-owned, although some
broadcasts from other countries, including Russia, Poland and
Lithuania, could be received in many parts of the country. State-
controlled Belarusian Television and Radio (BTR) maintained its
monopoly as the only nationwide television station. Its news programs
regularly featured reporting that was biased heavily in favor of the
authorities, sharply critical of opposition politicians, and failed to
provide an outlet for opposing viewpoints. Local, independent
television stations operated in some areas and reported local news
relatively unhindered by the authorities. However, most of these
stations reported that they were under pressure not to report on
national level issues or were subject to censorship.
The law stipulates that public insults or libel against the
President may be punished by up to 4 years in prison, 2 years in a
labor camp, or by a large fine. The authorities also continued to make
use of the articles in the criminal code which prohibits slandering and
insulting the President or government officials to stifle press
freedom. The criminal code provides for a maximum penalty of 5 years'
imprisonment for such offenses. According to the Belarusian Association
of Journalists (BAJ) President Zhana Litvina, the laws penalizing
slander of a government official effectively impose a ban on press
criticism of the regime. In September BAJ began to collect signatures
for a petition to remove the three articles, but the regime had not
responded to the petition by year's end.
On June 25, a court in Grodno sentenced Nikolai Markevich, editor-
in-chief of the independent newspaper Pahonia, and Pahonia journalist
Pavel Mozheiko, to 2 \1/1\ and 2 years of khemia (internal exile),
respectively. The two were convicted of printing a libelous article
about President Lukashenko in a September 2001 issue of Pahonia. During
the 2-month trial, local authorities attempted to prevent media, human
rights observers, and international diplomats from attending the trial.
On August 27, chief editor Pavel Zhuk announced the closure of the
independent newspaper Nasha Svaboda. One of the country's leading
independent newspapers, Nasha Svoboda closed after a Minsk court handed
down a fine of $55,000 (96.5 million rubles) in damages in a libel suit
filed by Anatoly Tozik, chief of the state control committee. Tozik
claimed an article injured his reputation. Unable to collect the fine,
the regime seized Nasha Svaboda's equipment and froze the newspaper's
bank assets.
On September 21, the Prosecutor General's Office initiated libel
proceedings against Beloruskaya Delovaya Gazeta journalist Irina
Khalip. This action was in response to Khalip's articles about
investigations by the authorities into the alleged corrupt business
practices of Viktor Kozeko, the former head of a large state-owned food
concern, Belgospisheprom, and his son. The Prosecutor's Office also
issued a warning to Delaya Sluzhebnogo Polzovania, a monthly supplement
featured in Belorusskaya Delaya Gazeta.
On October 15, a Minsk City court panel upheld a previous court
decision sentencing Viktor Ivashkevich, editor-in-chief of the
independent newspaper Rabochy, to 2 years ``restricted freedom'' for
defaming the president.
On July 25, frustrated with press mockery of the annual harvest
campaign, Lukashenko ordered the Minister of Information to bring the
opposition press ``to its senses.'' Information Minister Mikhail
Podgainy responded by stating his intent to use personal tools to
influence the independent press. Podgainy said he could easily find
infractions and issue warnings to periodicals. The Minister relied on
dialog with the independent press and noted that non-state periodicals
had been publishing ``more objective materials'' lately. Minister
Podgainy also said that his government did not instruct the state-
controlled press what and how to write. He did admit to the use of
``reference points for the state media'' which provided guidance on
event coverage.
On October 16, according to the Belorusskaya Delovaya Gazeta,
Information Minister Mikhail Podgainy instructed the editors-in-chief
of FM band radio stations on what they should include in news
broadcasts.
On November 29, the Ministry of Information voided the registration
of the Mestnoye Vremya newspaper. According to the editor in chief, the
newspaper had been subject to a series of check-ups, fines, and
harassment since it first began to publish on October 31.
Independent newspapers continued to be subjected to pressure from
the regime. The law specifies that the regime may close down a
publication after two warnings. On February 4, the authorities issued a
warning to the independent newspaper Nasha Niva following the
publication of an article on the Belarusian Autocephalous Orthodox
Church (see Section 2.c.). In May a court overturned the warning. On
March 29, the Ministry of Justice issued a warning to the independent
newspaper Narodnaya Volya after it published an article alleging that
Lukashenko was involved in illicit weapon sales to rogue states. On
February 7, Irina Makovetskaya, a reporter for the newspaper
Belaruskaya Delovaya Gazeta was warned by the General Prosecutor's
Office for publishing an article about police brutality.
The regime's use of presidential decrees was another obstacle for
independent press. In March 2001, in a step designed to discourage
foreign support for independent media, the regime published a decree
``On improving the system of receipt and use of humanitarian
assistance.'' Ostensibly aimed at stopping foreign-supported seditious
activity, the decree specifically prohibits foreign-supported
``activities directed at alteration of the constitutional order,
overthrow of state power or encouragement of such activities . . .
preparation, administration and organization of elections, referenda,
organization of meetings, rallies, demonstrations, pickets, strikes,
publication and distribution of promotional materials, organization of
seminars and other types of promotional activities involving the
population.'' The decree was the basis for a nationwide crackdown
during the electoral campaign on independent media outlets and
independent NGOs, many, if not most, of which are supported by the
international community. The regime utilized tax inspections and
confiscation of printed matter and equipment to immobilize much of the
prodemocratic opposition throughout the campaign, thus severely
restricting freedoms of speech and expression (see Section 1.f.).
According to a presidential decree in 2000, the independent press
is prohibited from using the country name in its titles. The decree on
``the Use by Legal Entities of the Name of the Republic'' allows only
legal entities specially authorized by the President to use the name of
the country in their titles. In order to ensure loyalty to the
authorities, a 1996 presidential decree designated all editors-in-chief
of state-supported newspapers as state employees and members of their
respective local-level government councils. Another decree granted the
Ministry of Press the authority to assign graduates of state-supported
journalism schools to work in state-owned media organizations as a way
to repay their schooling.
Regulatory provisions grant the authorities power to ban and censor
critical reporting; for example, the State Committee on the Press was
given authority to suspend the publication of periodicals or newspapers
for 3 months without a court ruling. Amendments to the law prohibit the
media from disseminating information on behalf of political parties,
trade unions, and NGOs that are not registered with the Ministry of
Justice.
In an August 22 news conference, BAJ maintained that the Ministry
of Information had no right to intervene in the ongoing conflict
between the founders of the independent newspaper, Svobodniye Novosti.
According to BAJ lawyer Andrei Bastunets, the Minister of Information
had already instructed Belarusian Print House to consider Svaboniye
Novosti activities suspended.
In an August 28 statement in response to the liquidation of the
independent newspaper Svobodniye Novosti, the BAJ called for the
resignation of Information Minister Mikhail Podgainy. The BAJ accused
Podgainy of indirectly censoring the press by threatening to close
newspapers, attempting to use the state press as an instrument of
propaganda, attempting to restrict public discussion of the new draft
law on media, and refusing to seek European expertise during the draft
law's preparation.
During the year, the independent newspaper Narodnaya Volya was sued
by several individuals following its publication of articles they
claimed to be libelous. In June a Minsk city court temporarily froze
the bank account of Narodnaya Volya, after two judges in Zhodino filed
a libel suit against the newspaper for an article considered to be
libelous. On September 20, a Minsk court ordered the confiscation of
approximately $2,630 (5 million rubles) worth of Narodnaya Volya's
equipment as a settlement for another libel suit that was brought by
another judge. However, on December 25, the General Prosecutor's Office
rejected a request by Leonid Kozik, Chairman of the Belarusian
Federation of Trade Unions of Belarus (FTUB), to close the newspaper
following the newspaper's publication of an article critical of an FTUB
meeting.
One effect of libel prosecutions and other measures taken by the
regime has been to encourage self-censorship. BAJ Vice President Eduard
Melnikov said, ``Many non-governmental newspapers have abandoned sharp
reporting and their staff have embarked on a path of self-censorship,
which is unacceptable in normal journalism.'' The regime issued only
two official warnings this year concerning press law violations,
compared with 80 in 2001.
On August 12, Leonid Kozik, personal choice of Lukashenko as
chairman of the Belarusian Federation of Trade Unions (FTUB), informed
the staff of the FTUB newspaper, Belaruski Chas, that he had sacked
their editor-in-chief, Aleksandr Starikevich, because of his
unwillingness to cooperate with him. Among other reasons for the
dismissal, Kozik claimed the former editor-in-chief refused to show him
the layout of a newspaper issue. Kozik also cited Starikevich's
opposition to the Belarusian-Russian union and his failure to publish a
story on Kozik's election as FTUB chairman at the top of the front page
(see Section 6.a.).
Several independent journalists were beaten by unknown assailants
or by the authorities during the year. On March 17, Oleg Suprunyuk, a
correspondent for Radio Liberty and deputy chief editor of the local
independent newspaper Brestsky Kuryer, was beaten by unknown assailants
and hospitalized. On May 4, unknown assailants also attacked Yuri
Grimenyuk, an independent journalist in Grodno. On September 8,
Stanislav Pochobut, another independent journalist from Grodno, was
beaten by police officers after police stopped him. Pochobut was also
one of three journalists detained by local authorities in the town of
Pogranichny prior to the regime's destruction of a Belarusian
Autocephalous Orthodox church (see Section 2.c.).
In addition to ruling by decree, the regime continued to use its
near-monopolies on newsprint production, newspaper printing and
distribution, and national television and radio broadcasts to restrict
dissemination of opposition viewpoints. The regime also denied
accreditation to journalists critical of the regime and kept up
economic pressure on the independent media by pressuring advertisers to
withdraw advertisements, as well as by fines and other administrative
harassment. The authorities increased their campaign of harassment
against independent media, including open censorship, requiring some
independent publications to remove stories, forcing them to publish
blank pages or spaces.
A 1997 decree by the Council of Ministers restricts the movement of
certain goods across customs borders; the decree specifically prohibits
the import and export of printed, audio, and video materials, or other
news media containing information ``that could damage the economic and
political interests of the country.'' In addition, authorities searched
vehicles at border crossings and on several occasions confiscated
nonpartisan campaign materials being brought into the country.
A 1997 Council of Ministers decree nullified the accreditation of
all correspondents and required all foreign media correspondents to
apply for accreditation with the Ministry of Foreign Affairs. In April
the authorities refused to accredit a film crew from the Russian
television network NTV. Authorities also issued a warning to NTV
reporter Pavel Selin about his ``preparation of biased reports.'' Selin
had previously filed several news reports critical of the regime.
Although there were several Internet service providers in the
country, they were all state controlled. The regime's monopoly on
Internet service results in high prices, poor quality, limited service
and allows the regime to monitor practically all e-mail. Although the
authorities had full control over the Internet because access was
provided by Beltelecom--a state-owned monopoly--they appeared to be
cutting off access selectively. In March the human rights NGO Vyasna
reported that it was unable to access its web site for 3 days following
the Internet posting of statements made by Sergei Tsurko, a lawyer for
the Zavadsky family (see Section 1.b.). In April the opposition
organization Charter 97 reported that unknown hackers destroyed their
organization's web site.
In addition to restrictions placed on the media, the Lukashenko
regime continued to restrict academic freedom. University
administrators targeted and strongly discouraged research into
politically sensitive subjects, such as the country's independence
movement during the Soviet era, a theme that is seen to challenge the
regime's policy of integration with Russia. In June 2001, the regime
required that all independent, non-state academic institutions must
obtain special permission from the authorities to hold educational
seminars or lectures. There were also credible reports that independent
universities engaged in self-censorship. The European Humanities
University, one of the country's leading independent universities,
reportedly asked students to refine or rethink dissertation topics if
that topic was likely to embarrass the regime.
The regime also continued to harass students engaged in anti-regime
activities, such as demonstrations (see Section 2.b.). During the year,
the authorities harassed members of the unregistered Association of
Belarusian Students (ABS). On February 15, unknown assailants broke
into an ABS office in Minsk and attacked several ABS members present
and stole computer equipment from the office. In April 10 members of
the ABS were arrested in Grodno for illegally distributing pamphlets.
In November the Maxim Tank Belarusian State Pedagological University
reprimanded several members of the ABS and expelled Ales Tarasov, a
member of the ABS, for his activities with the group. Another ABS
member, Kristina Vituchko, was reportedly accused by the KGB of leading
a terrorist group comprised of students at the university.
b. Freedom of Peaceful Assembly and Association.--The 1994 and 1996
Constitutions both provide for freedom of peaceful assembly; however,
the regime severely restricted this right in practice. Following many
unsanctioned demonstrations, police and other security officials beat,
detained, and attempted to coerce confessions from some demonstration
participants.
Organizers must apply at least 15 days in advance to local
officials for permission to conduct a demonstration, rally, or meeting.
Under the law, the local government must respond with a decision no
later than 5 days prior to the scheduled event. However, such permits
were not routinely issued. Since the September 2001 elections, in most
cases such permits either have not been granted, or have been granted
only for demonstrations in obscure, hard-to-reach locations.
During the year, the Ministry of Justice challenged the
registration of several opposition parties over their legal addresses.
According to the law, all public organizations must register with the
Government. These organizations were unable to obtain space in office
buildings since many locations were either owned by the Government or
were too expensive. Instead, they must operate out of private
apartments that the Government did not consider legal addresses.
The law limits citizens' ability to assemble peacefully by
restricting the locations where rallies may take place and allowing
local authorities to place strict limits on the number of participants.
The decree also prohibits the display of unregistered flags and
symbols, as well as placards bearing messages deemed threatening to the
State or public order (see Section 2.a.). The decree, along with
subsequent amendments adopted by the legislature, imposes severe
penalties on violators, particularly the organizers of events. The
decree allows for either monetary fines or detention of up to 15 days,
but courts frequently imposed high fines that the convicted cannot
reasonably afford to pay. The courts punished organizers of rallies
with fines of several times the average monthly wage. When individuals
failed to pay fines, authorities threatened to confiscate their
property.
In May 2001, Lukashenko issued a decree banning all demonstrations
by unregistered organizations, limiting participation in any
demonstration to under 1,000, and including a specific prohibition
against the wearing of masks. According to members of opposition
parties, the authorities frequently denied permission to opposition
groups to meet in public buildings. Nevertheless public demonstrations
occurred frequently in Minsk, varying in size from a few participants
to several thousand. However, they were always under strict regime
surveillance, including open videotaping of the participants by the
police and plainclothes security officers. Demonstrations also occurred
in other parts of the country but were less frequent, especially in
eastern areas close to the border with Russia.
Following March 24 Freedom Day demonstrations in Minsk and Grodno,
police beat a number of demonstrators. On March 25, a judge of Minsk's
Sovetsky District Court sentenced two police investigators to prison
terms for beating suspects. The following day, a judge of Minsk's
Oktyabrsky District Court convicted five police officers of torture and
brutality.
On April 16, Vasily Parfendov and Ales Poklad were beaten when
plainclothes police, led by chief of the Sovetsky district police post
Nikolai Buslo and his deputy Yevgeny Gurenkov, raided their tent at the
Kuropaty memorial site near Minsk, scene of numerous, often violent
demonstrations against a government road widening project over mass
graves of the victims of Stalinist purges. The raid came immediately
after they filed a complaint with police over several previous attacks
by unknown assailants. On April 19, their tent was set afire and Ales
Poklad received 2nd and 3rd degree burns to 15 percent of his body. The
victims charge the fire was set intentionally. The protest site was
guarded heavily by police day and night at the time, yet no one ever
was charged with the assaults or arson.
On April 19, police beat 40 demonstrators after demonstrations. Six
persons were hospitalized including prominent human rights defender and
journalist Valery Shchukin. Demonstators reported that they were lined
up against a wall and beaten by police at the detention center.
In March 2001, Police in Grodno detained and beat photojournalist
Dmitry Yegorov for taking photos of a heavy police presence in the
center of town in advance of a Freedom Day march. On the same day,
unidentified assailants widely believed to be linked to the police beat
Vladimir Shlapak, a photojournalist in Minsk, while he was covering a
similar march.
In 2001 15 cases against police officers went to trial in Minsk
alone. Several officers received heavy prison sentences. Commenting on
the trials of police officers charged with abuse of power, retired
police Lt. General Mecheslav Grib told journalists on March 28 that,
``There are so many abuses in the police's performance that it is
impossible to hide them.''
There were some incidents of police interference with
demonstrations. On February 14, three Zubr youth group activists were
detained in Gomel after a street performance called St. Luke's Day in a
local park. In April the Malady Front youth group announced that the
police arrested activists before demonstrations on February 14 and
March 24 to prevent them from participating in the demonstrations. On
April 2, a Russian NTV crew including Pavel Selin, Konstantin Morozov
and Dmitry Davydenko were detained on a Minsk street before and
released after 1 hour. On May 1, plain-clothes police arrested union
member Yuri Ryzhkov for carrying a white-red-white flag at a rally.
At times individuals who had not been part of the demonstrations,
but only innocent bystanders, were also arrested. Riot squad units
stopped individuals on the street and dragged them from the sidewalk
even when the demonstration was blocks away. These individuals then
were charged with taking part in an unlawful demonstration. On March
24, approximately 50 persons were arrested in central Minsk at a
demonstration to mark the 84th anniversary of the Belarusian National
Republic. In this case, arrests started even before the demonstration
began. Police also detained a bus with a children's choir that was to
participate in the demonstration.
The Constitution provides for freedom of association; however, the
authorities severely restricted this right in practice. During the pre-
election period in 2001, the authorities regularly harassed members and
supporters of opposition parties and confiscated leaflets and
publications (see Section 3). Authorities also continued to attempt to
impose severe limitations on the activities of NGOs (see Section 4).
Employees at state-run enterprises were discouraged from joining
independent trade unions (see Section 6.a.) and officials warned alumni
of foreign-sponsored education programs against continued affiliation
with their programs' sponsoring agencies.
A 1999 Presidential decree requiring all political parties, trade
unions, and NGOs to reregister with the authorities by July 1, despite
the fact that such public associations had already completed a lengthy
reregistration process in 1995. In another 1999 regime action,
Lukashenko signed into law amendments to the Administrative Offenses
Code that made any work on behalf of an unregistered NGO punishable by
fine. Observers believed that the intent of the decree, which increased
the scope of operations and the number of members that organizations
needed in order to qualify for reregistration, constituted political
intimidation. The regime also announced regulations that prohibited
private organizations from using private residences as their legal
addresses. In light of regime control or ownership of many office
buildings, the regulations had the effect of complicating the
reregistration process by making nonresidential addresses difficult to
establish.
After the reregistration process had begun, the authorities
announced that in addition to registering, organizations would have to
alter their charters to indicate recognition of the 1996 Constitution
and to exclude the words ``popular'' or ``national'' from their titles.
In 1999 an amendment to the Law on Public Associations codified this
announcement by prohibiting political and social organizations from
using the words ``Belarus,'' ``Republic of Belarus,'' ``national,'' or
``popular'' in their titles. Although most of the major political
parties and unions that applied were allowed to reregister, the
Assembly of Belarusian Prodemocratic NGOs reported that only 1,268, or
57 percent of the NGOs in existence when the reregistration law went
into effect, were reregistered by the summer of 2000. A total of 202
NGOs were rejected by the Ministry of Justice for reregistration on
various grounds, and 31 were still in the process of reregistering at
year's end.
In 2001 the Ministry of Justice outlawed the activities of
Independent View, an independent domestic election monitoring
organization, on the grounds that the organization failed to register
with the authorities. They made this decision despite the fact that
Independent View was a name for a joint initiative launched by several
officially registered democratic NGOs.
c. Freedom of Religion.--The 1994 and 1996 Constitutions provide
for freedom of religion; however, the authorities restricted this right
in practice. Although both Constitutions affirm the equality of
religions and denominations before the law, the 1996 Constitution
stipulates that cooperation between the State and religious
organizations ``is regulated with regard for their influence on the
formation of spiritual, cultural, and country traditions of the
Belarusian people.''
On October 22, the Parliament approved a new law on religion,
despite protests from international and domestic human rights
organizations as well as Orthodox religious groups not affiliated with
the Russian Orthodox Church. The law contains a number of very
restrictive elements. Observers fear that the regime will use these
provisions to hinder and to prevent the activities of non-Russian
Orthodox religious groups. According to the new law, which took effect
in November, all religious organizations must undergo compulsory
reregistration during the 2 years following its passage. In order to
become registered, religious groups must meet specific requirements for
the size of their membership and number of years during which they had
been active in the country. This would prevent the registration of
groups that have become active in the country only recently. Registered
religious organizations must have 20 members and have been active for
at least 20 years. Regime officials stated publicly that no
organization that was registered when the law was enacted would lose
its registration status even if it failed to meet the new criteria for
registration, but the leaders of some minority religious groups were
skeptical of this assurance. In addition to specifying minimum
membership and years of activity in the country, the law restricts the
ability of registered religious organizations to conduct religious
education, requires all religious groups to receive governmental
approval to distribute literature, and prevents foreigners from leading
religious organizations. The authorities began to enforce the new
religion law against nontraditional faiths. On December 27, police in
Grodno detained and warned members of a local Hare Krishna organization
who were distributing religious material without permission.
Before and during the June debate on the draft law on religion,
several deputies in the lower house of the Parliament made statements
that were xenophobic and anti-Semitic. Sergei Kastsyan reportedly
charged that the adoption of the religion law was necessary to ``put up
a barrier against all these Western preachers who just creep into
Belarus and discredit our Slavic values.'' During the June 26 debate in
the lower house, at least one deputy argued that Jews should not be
considered citizens of Belarus. Another deputy suggested that a
``reservation'' be established for religious minorities.
There is no state religion; however, the authorities pursued a
policy favoring the Russian Orthodox Church as the country's chief
religion and harassed other denominations and religions. During his May
Easter address, Lukashenko said, ``The State has always stayed and will
stay beside the Church, which brings good to the people.'' Following
the address, the regime earmarked approximately $570,000 (1 billion
rubles) for the construction of an Orthodox Church in Mogilev.
Besides granting the Russian Orthodox Church special financial
advantages that other denominations did not enjoy, Lukashenko has
declared the preservation and development of Russian Orthodox
Christianity a moral necessity. The authorities also encouraged a
greater role for the Russian Orthodox Church, largely as part of an
overall strategy to strengthen ``Slavic unity'' in the region and
promote greater political unification between Belarus and Russia.
The Committee of Religious and Nationalities Affairs (CRNA)
(formerly known as the State Committee on Religious and National
Affairs) describes some religions and denominations, including Russian
Orthodoxy, Roman Catholicism, Orthodox Judaism, Sunni Islam and
Lutheranism as traditional. Some, including some Protestant and other
faiths, were viewed as nontraditional. Other faiths, including many
Eastern religions, were viewed as sects. This categorization affected
the overall attitude of the regime toward these religions, including
the ease or difficulty they faced in registering.
The new law on religion passed in October added additional criteria
for registration of religious groups, allowing only nationally
registered congregations to invite foreign religious workers and open
new churches. Without registration, it is also extremely difficult for
a religious organization to rent or purchase property for religious
services. As a result, police disrupted some peaceful services and
religious meetings that were being conducted in private homes because
they were held by unregistered religious groups.
The CRNA claimed during the year that 26 religious denominations
were registered officially. However, the authorities continued to
refuse legal registration at the national level to some faiths
considered to be nontraditional, and to all groups considered sects.
According to the regime, the law permits residential property to be
used for religious services only after it has been converted from
residential use. In 2000 local authorities began enforcing this
statute, effectively requiring all religious organizations to
reregister their properties as religious properties. Although
government figures indicate that 110 religious communities, including
34 Protestant denominations, had their property registered through this
process, one Protestant group reported that over 50 percent of
Protestant groups were denied registration by local authorities during
the reregistration period.
Religious groups that cannot register often were forced to meet
illegally or in the homes of individual members. A number of
nontraditional Protestant faiths have not attempted to register because
they believe that their applications would not be approved.
The regime issued a decree specifying measures to ensure public
order and safety during public gatherings. Meeting hall officials have
cited this decree as a basis for canceling or refusing to extend
agreements with religious groups for the use of their facilities.
Nontraditional groups were unable to rent space in meeting halls to
conduct prayer services. The Catholic Church opened a new church in
Minsk in June; however, it cited difficulties in receiving permission
from local authorities to build additional churches in Minsk.
Many Protestant and nontraditional groups experienced problems
obtaining property. In August, after a delay of more than 18 months,
the CRNA denied permission to the Krishna Consciousness Communities for
the construction of a community center. The CRNA denied a registration
application by the True Orthodox parish in Minsk that filed its
paperwork in June. The delay comes despite a requirement for the CRNA
to respond to an application within 3 months of its submission. In 2001
the Government refused permission to the registered New Life
Evangelical Church to build a church in Minsk. The Muslim Association
in Belarus is registered, but has been unable to construct a mosque in
Minsk since local authorities imposed a high tax on the land where the
mosque will be built.
On August 1, in the town of Pogranichny, local authorities
demolished the church of the Belarusian Autocephalous Orthodox Church
(BAOC) that they claimed was built illegally, since the building permit
specified a private house. The church was demolished despite the fact
that the order to destroy the church was being appealed by the BAOC.
Local courts continue to refuse to hear appeals made by the BAOC to
overturn the Lukashenko regime's decision not to register their
churches.
Citizens were not prohibited from proselytizing; however, while
individuals may speak freely about their religious beliefs, the
authorities have intervened to prevent, interfere with, or punish
individuals who proselytize on behalf of an unregistered religion.
During the year, the regime heavily fined and detained members of
unregistered religious groups that engaged in illegal religious
activity. Throughout the year, members of the unregistered Hindu
community Light of Kaylasa were harassed routinely by local
authorities. On July 16, police arrested 18 members of this community
as they were preparing to hold a meditation ceremony in Minsk park.
Several of those arrested were jailed for 2 days and heavily fined. In
a separate incident, 12 members of the Light of Kaylasa were arrested
and sentenced to 10 days in jail for participating in an unsanctioned
demonstration in downtown Minsk to protest against discrimination
against religious minorities. In August unknown assailants attacked
several members of the Light of Kaylasa group.
On November 8, the Keston News Agency reported that police detained
two Catholic demonstrators who protested against the new Law on
Religion outside the Parliament building in Minsk.
Foreigners were prohibited from heading churches, and could only
preach at registered churches. They may be invited to the country only
with the approval of the CRNA. Foreign missionaries may not engage in
religious activities outside the institutions that invited them and
must have spiritual activities visas valid for 1 year. Obtaining such
visas was a difficult bureaucratic process, even for individuals whose
religions are registered with the authorities and have a long history
in the country. Foreign clergy or religious workers who did not
register with the authorities or who have tried to preach without
regime approval or invitation from a registered religious organization
have been expelled from the country. Although there were no reports of
such expulsions during the reporting period, several Polish Catholic
priests were denied entry into the country, despite having valid visas.
The Roman Catholic Church continued to experience a shortage of
qualified native clergy, and at times the Church has had difficulty
receiving permission from the authorities to bring in a sufficient
number of foreign religious workers, mostly from Poland, to make up for
the shortage. The regime indicated that foreign priests no longer would
be allowed to work in the country; however, 400 Polish pastors were
still allowed to work in the country. Bishops must receive permission
from the CRNA before transferring a foreign priest from one parish to
another.
Authorities in Minsk issued no reports of progress in their
continuing investigation into a December 2000 firebombing of a local
synagogue.
Restitution of religious property remained limited. There was no
legal basis for restitution of property seized during the Soviet and
Nazi occupations, and legislation restricts the restitution of property
that is being used for cultural or educational purposes.
There were a number of acts of vandalism against religious groups
during the year. In January an evangelical Christian group reported
that vandals attacked a guard at one of their churches and tied him up.
An eyewitness reported that the vandals painted pentagrams on church
walls and that a dead cat was found in the church. A Baptist
organization reported that unknown individuals smashed the windows of
several Baptist churches. In April and July, vandals damaged Jewish
cemeteries in several cities. In July a Muslim cemetery in Grodno was
vandalized. On July 16, local authorities in Borisov detained a
teenager on suspicion of vandalizing a local Jewish cemetery. A Full
Gospel Christian church in Gomel reported that unknown vandals damaged
its property in August and November. In November unknown vandals
defaced a mosque in Slonim and vandalized property belonging to a Full
Gospel Christian's Living Faith Church in Gomel. Holocaust memorials in
several cities were vandalized during the year.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--According to both the 1994 and 1996
Constitutions, citizens are free to travel within the country and to
live and work where they wish; however, the authorities restricted
these rights in practice. Passports served as primary identity
documents and were required for internal travel, permanent housing, and
hotel registration.
In 1999 the Constitutional Court declared unconstitutional an
article of the Administrative Code barring enterprises, establishments,
and organizations from employing persons without a propiska (pass) or a
registered address. Under that article, employers faced fines for
giving jobs to persons who had no stamp in their passport indicating
that their residence and their new place of employment were located in
the same city or district. However, the extent to which this court
decision actually affected the practice by local security officials was
unknown. In practice the right to choose one's residence remained
restricted. In November 1999, the Ministry of Internal Affairs
announced a three-stage program to replace the propiska system, but
this has not been implemented and the propiska system was still in
effect at year's end.
Official entry and exit regulations specify that citizens who wish
to travel abroad must first obtain exit visas valid for 1 to 5 years.
Once the traveler has this document, travel abroad was not restricted
further by law; however, the authorities occasionally limited foreign
travel. For example, they delayed issuing ``global'' exit visas to some
opposition activists in an effort to hinder their political activity
abroad. In June the authorities refused to issue an exit visa to Andrei
Klimov, a former deputy of the 13th Supreme Soviet who was jailed for 4
\1/2\ years (see Section 1.e.). The regime also delayed issuing
passports to opposition politicians, sometimes for several months, in
an effort to restrict their travel abroad for political activities.
On October 10, the Minsk City Lawyers Collegium denied prominent
human rights lawyer Vera Stremkovskaya permission to travel abroad to
attend several international forums. At year's end the authorities had
not issued passports to family members of BAOC priest Yan Spasyuk
despite the fact that the necessary documents were submitted in
November 2001 (see Section 2.c.).
The regime also limited the travel abroad of members of youth
groups that were not considered pro-regime. On March 5,10
representatives of several opposition parties, NGOs, and media agencies
were detained for several hours and subjected to personal searches at
the Belarusian border while traveling in a vehicle belonging to OSCE.
In July and August, authorities began arbitrarily enforcing a law that
requires those traveling to border zones to obtain an entrance pass
(propusk). Observers believed that the decision to enforce the law was
intended to prevent reporting on the August 1 destruction of a BAOC
church in the border town of Pogranichny (see Section 2.c.). On July
26, a local journalist was fined $57 (100,000 rubles) for allegedly
violating a frontier zone. On August 1, three journalists covering the
story were detained on the same charge; one was sentenced to 15 days'
imprisonment. The other two were initially fined but the fines were
subsequently dropped.
The law restricts the emigration of individuals with access to
sensitive state information, and any citizen involved in a criminal
investigation also was ineligible to emigrate; however, the authorities
did not generally deny any citizen permission to emigrate. Prospective
emigrants who have been refused the right to emigrate may appeal to the
courts.
The 1994 and 1996 Constitutions give aliens and stateless persons
the same rights as citizens, except in cases established by law,
international agreement, or the Constitution. Under both Constitutions,
the State may grant refugee status to persons who were persecuted in
other states for their political and religious convictions or because
of their nationality. There is no law on first asylum, nor has the
regime signed readmission agreements with any of its neighboring
states. The authorities cooperate with the U.N. High Commission for
Refugees (UNHCR) and other humanitarian organizations in assisting
refugees. As of December there were 642 recognized refugees in Belarus,
the majority of whom are from Afghanistan, Georgia, Tajikistan and
Ethiopia. As of December, the regime had approved 57 of 113
applications for refugee status filed by applicants. In May the UNHCR
opened a center in Vitebsk providing temporary accommodations for 30
persons. The UNHCR noted in a 2000 report that the Minsk city and Minsk
regional migration services regularly refused to accept illegally
arriving new refugee applicants and instructed such persons to apply
with migration authorities in other regions. Regional migration
services also continued to refuse applications for refugee status from
asylum seekers who came through countries, primarily Russia, that they
considered to be safe.
There were no reports of the forced return of persons to a country
where they feared persecution; however, refugees often were persons
from third world countries seeking to pass through Russia and then
Belarus en route to other European countries. The Government often
deported such individuals to Russia, despite the fact that the UNHCR
does not consider Russia to be a safe country for such purposes.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The regime has effectively denied citizens the right to change
their government. The President dominates all branches of government.
Since his election in July 1994 to a 5-year term as the country's first
President, he has consolidated power steadily in the executive branch.
He used a November 1996 referendum to amend the 1994 Constitution in
order to broaden his powers and extend his term in office and ignored
the Constitutional Court's ruling that the Constitution could not be
amended by referendum. As a result, the political system is based on
the 1996 Constitution, which was adopted in an unconstitutional manner.
The 1996 Constitution limits the legislature to meeting twice a
year for a total of no more than 170 days. Presidential decrees issued
when the legislature is out of session have the force of law, except,
in theory, in a few cases specified in the 1996 Constitution. The 1996
Constitution also allows the President to issue decrees with powers
equal to that of law in specific, urgent circumstances, a provision
Lukashenko has interpreted broadly. On December 10, local election
commissions were formed for the March 2003 municipal government
elections. Local executive committees and city councils admitted 13,448
persons to the election commissions; 61 were representatives of
political parties and 56 percent had prior election experience. The
Central Election Commission (CEC) stated that prior experience in an
election was an important factor in considering a nominee's
application. Of the 61 political party representatives, 21 represented
the pro-Lukashenko Communist Party of Belarus and 2 represented the
pro-Lukashenko Agrarian Party. The opposition Belarusian Party of
Communists received 19 seats, the Liberal Democratic Party received 11
seats, and the Belarusian Social Democratic Party, Narodnaya Hramada,
received 5 seats. The United Civic Party, Belarusian National Front and
Social Democratic Party Hramada each received one seat.
During the year, the regime used several tactics to intimidate and
restrict the ability of opposition leaders and groups from organizing
and publicizing their views. Authorities added three articles to the
Criminal Code that made libel of the President a criminal offense.
These articles were used to punish not only opposition party members
but independent media as well (see Section 1.d.). During the year, the
regime used excessive force to disperse demonstrations by opposition
parties (see Section 1.c.). On several occasions the regime directly
interfered in the affairs of political parties and organizations.
Following intense regime pressure on members of the Women's Party, on
August 14 party members voted to replace former Women's Party leader
Valentina Polevikova with pro-regime member Valentina Matusevich.
Polevikova's removal from power caused a split in the party with
Polevikova and Matusevich each leading a different faction of the
Women's Party. Observers claimed that the purpose of the regime's
pressure to oust Polevikova was to prevent the Women's Party from
merging with two Social Democratic parties. Lukashenko called for the
pro-Government Communist Party of Belarus to absorb the larger, anti-
Lukashenko, Belarusian Party of Communists. On September 6, the pro-
Government Belarusian Patriotic Youth Party and the Belarusian Youth
Party merged into the Belarusian National Youth Party (BNYP). The
merger was orchestrated by Lukashenko and government officials. The new
party was given the objective of addressing major problems affecting
youth and the regime promised to fund it for 3 years. Most political
parties claim to have youth and women movements.
The September 2001 presidential election in which Lukashenko was
reelected for a further term was described by the OSCE as fundamentally
flawed. The OSCE/ODIHR observer mission, which was hampered by the
regime's refusal to allow the mission to travel to the country until 3
weeks before the election, noted in its final report that conditions in
the months before the election precluded the possibility of a free,
fair, transparent and accountable election. The environment did not
provide an equal opportunity for contestants or for the possibility
that the public would be informed about the choices available. During
the election campaign, coverage of politics, including the election,
was very limited. The President and executive branch dominated
political coverage in both the electronic and print media.
The regime restricted freedoms and undermined human rights in the
period prior to, during, and after the election (see Sections 1 and 2).
In the period prior to the election, the regime led a sweeping
crackdown on antiregime materials, campaign materials, and
internationally-supported, nonpartisan, ``Get Out the Vote'' materials,
in addition to beatings, arbitrary detentions, and searches of
opposition members and supporters (see Sections 1.c., 1.d., and 1.f.).
The regime also made use of its near-monopoly of the mass media to
undermine all opposition candidates, particularly Vladimir Goncharik,
who was regarded as the most credible opposition candidate. The OSCE/
ODIHR Limited Election Observation Mission documented 26 separate
incidents of human rights violations involving freedom of the press and
expression (see Section 2.a.). On September 5, just 4 days before the
election, the major State-owned newspaper doubled its print run to
print the election platform of the incumbent, in direct contradiction
of CEC regulations. The regime-appointed CEC took no action. The head
of the CEC stated publicly that it would be a personal tragedy for her
if the incumbent lost.
The voting and vote counting processes further restricted the
rights of citizens to change their government. The OSCE/ODIHR report
found that the voting procedures, including mobile ballot boxes, early
voting procedures, and handling of voting lists provided several
possible avenues for vote manipulation. However, most of the
irregularities were not immediately reported. The OSCE/ODIHR also
observed that the Electoral Code did not allow a transparent audit by
election observers, which raised questions about the overall integrity
of the process. This was a particular concern in light of the total
domination of voting commissions, which were charged with conducting
the election, by regime supporters. In some cases, members of the
precinct electoral commission themselves openly expressed disagreement
with the final announced tally, suggesting that it did not reflect the
count conducted; however, they were silenced rapidly. The physical
speed with which some of the counts were conducted also was suspect,
since those precincts with the largest geographic area and those with
the highest turnout were always among the first to report results. For
example, the OSCE noted that only 2 hours after the close of polling
stations, Minsk Oblast, excluding the City of Minsk, had reportedly
counted 70.7 percent of all ballots, whereas Minsk City had at that
point counted only 6.56 percent.
A large difference between the results of pre-election polls and
the official tally also suggested widespread manipulation of the
totals.
The October 2000 parliamentary elections also failed to meet
international standards for democratic elections. The regime severely
restricted public participation on the electoral commissions and
candidate registration procedures were abused systematically to prevent
candidates opposed to the regime from getting on the ballot. Campaign
activities were regulated excessively and heavily biased state-
controlled media severely limited candidates' access to the media and
the voters' choice of candidates. During the elections, provisions for
early voting, mobile ballot boxes, vote counting, and the aggregation
of results fell far short of minimum transparency requirements for
independent verification.
Of the 107 deputies in the Lower House of Parliament, 12 were
women, while 18 of the 63 members of the Upper House of Parliament were
women. With the exception of the judiciary, social barriers to women
were strong, and men held virtually all of the leadership positions.
The Minister of Social Security was the only female member of the
Council of Ministers. The head of the regime's Central Election
Commission was also a woman.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic human rights groups were active in the country;
however, members of domestic human rights groups reported that the
authorities hindered their attempts to investigate alleged human rights
violations. The authorities monitored NGO correspondence and telephone
conversations (see Section 1.f.). They also harassed NGOs by
bureaucratic means.
On November 27, the Minsk city Justice Department issued a warning
to the Human Rights Center for having changed the emblem displayed
above the organization's entranceway without permission. The Center
also was cited for changing its address to one not listed in its
registration documents, for not numbering the minutes of its meetings,
and for discussing issues that were allegedly inconsistent with the
objectives set out in its charter. If the organization received another
warning within a year, it would be subject to closure by the
authorities. Some observers linked this treatment with local elections
scheduled for March 2003.
In 2001 prior to the Presidential elections, the authorities
attempted to limit the activities of NGOs by implementing a time-
consuming reregistration process, rejecting their registration
applications, conducting questionable tax audits, confiscating their
equipment, and denying them access to foreign support (see Section
2.b.). There were widespread robberies of offices of several media
outlets and NGOs that were investigating independently the
disappearances of prominent individuals associated with the opposition.
In all cases, computers were smashed, but not stolen; only hard drives
or floppy disks were removed, and nothing else of value was taken. Most
human rights observers believed that members of the security services
perpetrated these robberies. While break-ins and questionable tax
audits were particularly widely used in the 2001 pre-election period,
they remained problems in 2002 as well.
The country's poor human rights record continued to draw the
attention of many international human rights organizations. In general
the authorities have been willing to discuss human rights with
international NGOs whose members have been allowed to visit the
country; however, members of some NGOs have been refused permission to
make such visits, and the authorities have increased their harassment
of international NGOs working in the country. The authorities regularly
harassed NGOs through taxes.
In April the regime demanded that the mandate of the OSCE Advisory
and Monitoring Group (AMG), which it accused of supporting the
opposition against the regime in the 2001 elections, be renegotiated.
Acting Head of Mission Michel Rivollier was the first OSCE official to
depart Belarus when his diplomatic status expired on April 15. The
Government decision to deny AMG visa extensions to representatives in
Belarus effectively forced the mission to close in October when Alina
Josan, the last OSCE official administrator, departed the country. On
December 30, the regime signed an agreement with the OSCE that would
permit a new OSCE office to open on January 1, 2003.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Both the 1994 and 1996 Constitutions state that all citizens are
equal before the law and have the right to equal protection of their
rights and legitimate interests; however, they do not specifically
prohibit discrimination based on factors such as race or sex. Racial
and national groups, women, and persons with disabilities experienced
discrimination.
Women.--Although statistics were not available, women's groups
reported that domestic violence, including spousal abuse against women,
was a significant problem. Spousal abuse is punishable under the
Criminal and Administrative Codes. Non-severe beating is punishable by
a fine or up to 15 days imprisonment, while more serious offenses are
punishable by up to 15 years in jail. Women's groups have indicated
that police generally enforced the laws against domestic violence, and
that the courts generally impose these sentences. The primary problem
remained a widespread reluctance among women to report instances of
domestic violence due to fear of reprisal and the social stigma. Rape
was a problem. A law against rape exists; however, most women did not
report rape due to shame or fear that the police will blame the victim.
Although the authorities and local human rights observers reported
that prostitution was not yet a significant problem, considerable
anecdotal evidence indicated that it was growing, particularly in the
outlying regions. According to government statistics, from January to
September, 13 persons in Vitebsk Oblast were charged with operating
brothels. Street prostitution appeared to be growing as the economy
deteriorated, and prostitution rings operated in state-owned hotels.
Trafficking in women was a serious and growing problem (see Section
6.f.).
Sexual harassment was reportedly widespread, but no specific laws
other than those against physical assault deal with the problem.
The law requires equal wages for equal work; however, it was not
enforced always in practice. Women have significantly fewer
opportunities for advancement to the upper ranks of management.
According to the Belarusian Helsinki Committee in March, women made up
a large percentage of those being trained for future employment in
education (75 percent of those being trained), textile and light
industry (84 percent), the food industry (79 percent), economics (69
percent) and medicine (69 percent), while relatively few women are
being trained in radio technology (6 percent), automation production
(12 percent) or computer technology (19 percent). Women reported that
managers frequently considered whether a woman has children when
examining job candidates.
The level of women's education generally was higher than that of
men. Women constituted approximately 58 percent of workers with a
higher education and approximately 66 percent of workers with a
specialized secondary education. However, between two-thirds and three-
fourths of workers with a higher education (mostly women) lived beneath
the official poverty level. Women were equal in law to men with regard
to property ownership and inheritance.
Women's groups were active and focused primarily on such problems
as child welfare, environmental concerns (especially the after-effects
of Chernobyl), and the preservation of the family. In June the
Belarusian Women's Forum met in Polotsk to develop a strategy to
improve the status of Belarusian women. Among their recommendations
were the establishment of new educational programs, gender surveys, and
information activities for strengthening the women's movement in
Belarus. There was also an active women's political party (see Section
3).
Children.--The authorities were committed to children's welfare and
health, particularly to overcoming the consequences of the nuclear
accident at Chernobyl. With the help of foreign donors, they have tried
to give children special attention. During the year, the Belarusian
Children's Hospice operated two regional hospices in Vitebsk and Gomel.
By law all inhabitants, including children, were entitled to health
care. There was no reported difference between the treatment of girls
and boys in the provision of either health care or education. Children
begin school at the age of 6 and are required to complete 9 years,
although the authorities make 11 years of education available at no
cost and began to develop a 12-year education program. Higher education
also was available at no cost on a competitive basis. Families with
children continued to receive token government benefits, such as
discounted transportation. According to a 1999 World Bank study, the
majority of those living in poverty in Belarus were families with
multiple children or single mothers.
There did not appear to be a societal pattern of abuse of children.
Trafficking in girls was a problem (see Section 6.f.).
Persons with Disabilities.--Discrimination against persons with
disabilities in the provision of employment, education, and other state
services was a problem, as was social discrimination. The law mandates
accessibility to transport, residences, businesses, and offices for
persons with disabilities. However, facilities, including transport and
office buildings, often were not accessible to persons with
disabilities. The country's continued difficult financial condition
made it especially difficult for local governments to budget sufficient
funds to implement the 1992 law. At the same time, government
statistics indicated that more than 72,000 persons with disabilities
underwent rehabilitation at rehabilitation centers. The regime promised
to construct at least one or two wheelchair accessible facilities in
regional and district centers by the end of the year; however,
according to the Republican Association of the Disabled, the regime had
not undertaken any significant measures to do so by year's end. Some
private buildings were made accessible to the disabled.
According to the Belarusian Disabled Society, the regime has taken
steps that have raised concerns among citizens with disabilities. The
regime's decision to support only government-run rehabilitation
facilities, which were costly for the national budget and less suitable
for patients than rehabilitation facilities that were run by NGOs, had
a negative effect on the quality of care. The regime also decreased tax
privileges for employers specializing in disabled labor and abolished
some general employment guarantees for individuals with disabilities.
On May 7, the National Association of Wheelchair Users protested
government inaction in addressing the concerns of persons with
disabilities. According to Sergei Drozdovsky, leader of the National
Association of Wheelchair Users, the regime failed to implement their
program to make public places in Minsk wheelchair accessible, despite
promises that it would do so.
The central authorities continued to provide some minimal subsidies
to persons with disabilities and foreign and domestic charities
operated in Belarus to care for disabled children. In May the charity
Alesya was registered with the Ministry of Justice. The organization's
aim was to provide medical aid and educational support to orphaned
children and children with disabilities.
Evidence indicates that funding for persons with disabilities was
not a priority for the regime. According to a 2001 article in Narodnaya
Volya, an independent newspaper, the budget provision for that year for
persons with disabilities was $65 (114,958 rubles), compared to $800
(1.4 million rubles) for the Belarusian Patriotic Youth Union, a
proregime patriotic organization.
National/Racial/Ethnic Minorities.--The law grants citizenship to
any person living permanently on the territory of the country as of
1991. Those who arrived after that date and wished to become citizens
were required to submit an application for citizenship, take an oath to
support the Constitution, have a legal source of income, and to have
lived in the country for 7 years.
Despite a July 24 statement by President Lukashenko that there were
no grounds for anti-Semitism in the country, regime officials continued
to take a number of actions indicating a lack of sensitivity toward the
Jewish community. In January authorities in Brest arrested and later
released a 17-year-old for desecrating a Holocaust memorial.
Construction of an apartment complex continued on the site of a
demolished synagogue in downtown Minsk, despite protests from the
Jewish community, with construction set to begin on the site of another
former synagogue. Several government officials publicly made anti-
Semitic statements in the media. According to a June 24 report in
Belapan, Sergei Kastsyan, who heads the International Affairs Committee
of the lower house of Parliament, blamed Russian President Vladimir
Putin's decision to slow down a proposed integration plan between
Belarus and Russia on Putin's ``execution of an order from the Jewish
lobby.'' During a November 25 interview with the newspaper Belorusskaya
Gazeta, Kastsyan said he opposed attempts to ``turn Belarus into a
springboard for Zionism.'' He added, ``If a mosque or a synagogue
stands in the way of the city development plan, I believe it is
acceptable to bulldoze it.'' His remarks were in response to a November
15 appeal by 75 of 109 members of the lower house of Parliament calling
on President Lukashenko to prevent the destruction of Jewish cultural
landmarks in Minsk.
During the year, skinheads and Russian ultranationalists attacked
foreigners as well as those involved in promoting Belarusian culture.
Members of the Russian ultranationalist group Russian National Union
(RNE) attempted to break into an office of the Belarusian cultural
organization Belaruskaya Khata. The organization reported that its
phone lines were cut, and its office door was damaged and defaced with
swastikas. On December 16, 10 members of the RNE attacked a female
member of the unregistered youth group Zubr on a train while she was
distributing literature.
In two separate incidents in May and August, skinheads attacked
several foreign Jews in downtown Minsk. In one incident, police arrived
at the scene but did not arrest the assailants. In September, unknown
assailants attacked a rabbi and his son near the Russian Embassy in
Minsk. Local guards at the Embassy assisted the rabbi and notified the
police who opened an investigation into the incident which was pending
at year's end.
On December 12, four Vitebsk youths were sentenced to 3 \1/2\ to 6
years' imprisonment for attacking students from India, Lebanon, and
Nepal in 2001. Local human rights observers disputed the charges and
criticized the heavy sentences against the four youths, claiming that
the four were involved in a simple fistfight that was not racially
motivated. On December 18, approximately 100 skinheads attended a rock
concert in Orsha held by the Russian band Kolovrat, whose members have
ties to the RNE. The local chapter of the pro-regime Belarusian
National Youth Movement organized the concert. Local Members of the
Russian ultranationalist National Bolshevik Party participated in
several demonstrations in Minsk.
The Jewish community's December 2001 appeal of a judge's decision
to allow a state-owned company called The Orthodox Initiative to
publish an anti-Semitic book was denied. An earlier judge had denied
the appeal in March 2000, claiming that the book contained scientific
information and was therefore not within the jurisdiction of the court.
Anti-Semitic material, mostly imported from Russia, could be found
throughout Minsk. The Pravoslavnaya Kniga (Orthodox Bookstore), owned
by the Orthodox Initiative, continues to sell anti-Semitic and Russian
ultranationalist literature. Although the Russian Orthodox Church
claims that it has no ties to the bookstore, it has not criticized the
store for selling such material. Anti-Semitic literature is also sold
at kiosks that sell Russian Orthodox literature, including at one
located in the National Academy of Sciences.
Legally the Russian and Belarusian languages share equal status;
however, the regime at times harassed those that used the Belarusian
language or promoted Belarusian nationalism. As part of the regime's
efforts to promote a union with Russia and to reduce the influence of
opposition movements, the authorities continued to discourage the
promotion or teaching of the Belarusian language to students by
limiting the availability of early childhood education in Belarusian.
In its June 2000 report, the Belarusian Helsinki Committee reported
that only 30 percent of students in primary schools were instructed in
Belarusian. In Minsk only 11 of the 242 middle schools taught in the
Belarusian language. In other regional cities, the numbers were
significantly lower. The authorities continued to claim that the only
schools that have been closed that taught in the Belarusian language
were those that experienced diminishing enrollment; however, observers
doubted this claim.
Section 6. Worker Rights
a. The Right of Association.--The Constitution upholds the right of
workers, except state security and military personnel, to form and join
independent unions on a voluntary basis and to carry out actions in
defense of worker rights; however, these rights were not respected in
practice. Measures to suppress independent unions included arresting
members of independent trade unions for distributing union literature,
confiscating union material, denying union members access to work
sites, excessive fines, and pressure by their managers and state
security services on union members to resign from their jobs because of
trade union activities.
The authorities have taken numerous measures to suppress
independent trade unions and during the year engaged in unprecedented
interference in the work of the Belarusian Federation of Trade Unions
(BFTU). In June they orchestrated a government takeover of the BFTU and
several national unions leading to an official complaint to the
International Labor Organization (ILO). Late in 2001, the regime
attempted to restrict the unions by refusing to turn over to the unions
dues paid by members Once it became clear that the unions and the BFTU
were adjusting to this change, the regime in June embarked on a
takeover of the BFTU and several of its branch unions. The BFTU
subsequently became an arm of the Government and the June election of
Leonid Kozik to the position of Chairman of the BFTU has been
challenged by the ILO.
In 1999 Lukashenko signed a decree that requires trade unions to
enroll a minimum of 10 percent of the workers of an enterprise in order
to form and register a local union. The decree also obliges existing
registered unions to re-register and to meet the new requirements. Free
trade union leaders reported that this decree has had the effect of
making registration, and therefore union activities, nearly impossible
in many of the larger state-owned enterprises. Some local unions have
been denied registration under this decree.
The authorities continued to discourage employees at state-run
enterprises from joining independent trade unions. The BFTU, formerly
the Belarusian branch of the Soviet Union's All-Union Central Council
of Trade Unions, consists of approximately 4.5 million workers
(including retirees) and was by far the largest trade union
organization. According to official union federation figures, 92
percent of the workforce is unionized. Although wary in the past of
challenging the regime seriously, some BFTU leaders became increasingly
vocal in their criticism of the policies of the Lukashenko regime. In
retaliation the regime has threatened and harassed some BFTU officials.
Following the December 2001 government-inspired removal of Vladimir
Goncharik as chairman of the BFTU, the regime attempted to destroy the
trade union federation and branch union structure. For the first
several months of the year, the regime continued to withhold collected
union dues and then abolished the checkoff system for dues withholding.
The authorities prohibited employers from withholding union dues. In
addition, the regime instigated several attempts to form management-
inspired ``yellow unions'' at major enterprises. Despite these
pressures, the BFTU and the branch unions continued to exist and began
the transformation from nonrepresentative state dominated unions into
truly representative trade unions. In response to this, the regime
orchestrated the removal of Franz Vitko as chairman of the BFTU and in
June replaced him with Leonik Kozik, the candidate and senior official
within the Presidential administration Lukashenko handpicked.
Subsequently, the collected union dues were returned. Since June Kozik
has purged the BFTU of union activists and replaced them with KGB
agents. He has fired the editor of the Rabochy newspaper. He
orchestrated the removal of Alexander Yaroshuk, the chairman of the
Agricultural Branch union (the largest state union in the country, with
approximately 1 million members), and has attempted to remove two other
reform minded branch union heads. These actions, along with Kozik's
radical shift away from union activism to progovernment agitation and
integration of the BFTU into the Government structure, led the ILO at
its November congress to challenge the BFTU's representation in ILO and
Kozik's election as chairman.
Members of the Independent Trade Union of Belarus faced continual
pressure at their workplace to join state unions or lose their jobs.
Typically members of the Union smuggled copies of Rabochi, a newspaper
about labor issues, into their workplace under their clothing.
In 2000 noting that the authorities failed to respect the rights of
workers, suppressed trade union rights, harassed union leaders, and had
not taken sufficient steps to conform to internationally recognized
labor rights, a foreign government suspended the country's trade
benefits.
By law unions are free to affiliate with international bodies. At
year's end, the BFTU was attempting to join the International
Confederation of Free Trade Unions (ICFTU); the independent unions
already were affiliated with ICFTU.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively; however,
the authorities and state-owned enterprises have hindered the ability
of workers to bargain collectively and, in some instances, arbitrarily
suspended collective bargaining agreements (see Section 6.a.).
Provisions of a 1999 presidential decree intended to place all workers
on individual rather than collective contracts were criticized heavily
by both independent and official union leaders, who believe that they
were designed principally to enable the Presidential Administration to
increase its control over the labor sector. These provisions had not
been implemented by year's end.
The Constitution provides for the right to strike; however, tight
control by the regime over public demonstrations made it difficult for
unions to strike or to hold public rallies furthering their objectives
(see Sections 1.d. and 2.b.).
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor except in cases when the work or
service to be performed is fixed by a court's decision or in accordance
with the law on states of emergency or martial law; however, there were
some reports of forced labor. Workers who refused to ``volunteer'' for
the harvesting of livestock fodder were ordered to pay a fine of $5
(5,000 rubles) or approximately 15 percent of their average monthly
salary. The order had the effect of forcing local individuals to work
in the fodder harvest. Students also were forced to participate in
potato harvesting activities.
The constitutional provision prohibiting forced or bonded labor
applies to all citizens, although its application to children is not
specified, and there were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law establishes 16 as the minimum age for employment.
With the written consent of one parent (or legal guardian), a 14-year-
old child may conclude a labor contract. The Prosecutor General's
office reportedly enforces this law effectively.
e. Acceptable Conditions of Work.--The minimum wage was $9 (17,000
rubles) a month, which did not provide a decent standard of living for
a worker and a family; however, average real wages improved during the
year from approximately $60 (72,000) to $110 (200,000) a month. During
the Presidential campaign in 2001, President Lukashenko decreed that
average wages would be increased from approximately $65 (78,000) to
$100 (120,000 rubles) a month. Authorities reported that average wages
were slightly more than $106 (127,200 rubles) a month in 2001, although
independent analysts reported the figure was lower. According to the
International Monetary Fund (IMF), the wage increase was accomplished
by accumulating arrears to suppliers and by other unsustainable means.
The country's continuing economic problems made it difficult for
the average worker to earn a decent living, and major wage arrears
continued to grow, especially in the agricultural sector. The
Constitution and Labor Code set a limit of 40 hours of work per week
and provide for at least one 24-hour rest period per week. In reality,
because of the country's difficult economic situation, an increasing
number of workers found themselves working considerably less than 40
hours per week. Reportedly factories often required workers to take
unpaid furloughs caused by shortages of raw materials and energy and a
lack of demand for factory output.
The law establishes minimum conditions for workplace safety and
worker health; however, these standards often were ignored. Workers at
many heavy machinery plants did not wear even minimal safety gear, such
as gloves, hard hats, or welding glasses. A State Labor Inspectorate
existed but did not have the authority to enforce compliance, and
violations often were ignored. According to the Labor and Social
Security Ministry, through the end of November, 211 workers died and
603 were injured seriously in workplace accidents. The high accident
rate was due to a lack of protective clothing, shoes, equipment,
nonobservance of temperature regulations, the use of outdated
machinery, and inebriation on the job. There is no provision in the law
that allows workers to remove themselves from dangerous work situations
without risking loss of their jobs.
A 2002 Presidential decree lowered the level of disability
allowances paid by the State or state enterprises for result of
workplace injuries. Under the decree, industrial injury suits also are
to be covered by the Civil Code, rather than the Labor Code.
Independent union leaders believe workplace injuries should be reviewed
under the Labor Code, under which compensation is more generous.
The Labor Code accords foreign workers the same protections as
citizens.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in persons was a serious and growing
problem. There were no reports of official involvement in trafficking;
however, observers believed that given the extensive corruption that
exists within the police and other agencies of the regime, such
involvement was likely.
Provisions of the Criminal Code that entered into effect at the
beginning of 2001 penalize trafficking in persons for the purpose of
sexual or other kinds of exploitation. The Criminal Code also
criminalizes the hiring of individuals in order to exploit them
sexually or otherwise. The penalty for trafficking is between 5 and 7
years' imprisonment. The Ministry of Internal Affairs acknowledges that
Russian criminal organizations may try to lure and recruit women into
serving as prostitutes in Western Europe and the Middle East.
Traffickers, who are associated with organized crime and drug
trafficking, entice their victims through advertisements for lucrative
jobs in newspapers and on the Internet.
According to government statistics, Belarusian law enforcement
agencies broke up 10 trafficking rings run by international organized
criminal groups during the year, including 2 in March. In December a
district judge in Gomel found two residents of the city guilty of
trafficking women to Turkey and Israel and forcing them into
prostitution. The perpetrators were sentenced to 3- and 4- year terms
in a medium-security institution.
Also during the year, a citizen was sentenced to 8 years'
imprisonment for abduction in a trafficking related case. Authorities
in Minsk charged a Romanian citizen with trafficking women to Cyprus.
He received a 1 \1/2\-year sentence under article 187 (recruitment of
persons for the purpose of sexual exploitation). A couple in Minsk were
sentenced to 3 years and 6 months under the same law and also were
found guilty of violating article 18 (organized crime). In Polotsk two
individuals were arrested for trafficking Belarusian women, including
underage girls, to Russia. According to government statistics, 15
members of organized criminal gangs were sentenced to 6 to 8 years
imprisonment for trafficking. A criminal case against a trafficker was
opened in the region of Grodno, in which a man was charged with
trafficking at least 35 women from Belarus to Poland over a period of 2
years. There were convictions in 12 of the 15 cases. When the case was
tried first in 2000, the accused received a 4-year sentence for
pandering but the Grodno Regional Court dismissed the verdict and
ordered a new investigation in order for the defendant to be charged
under the new Criminal Code. However, the prosecution again charged the
man with drug dealing and pandering.
The country was both a country of origin and a country of transit
for women and girls being trafficked to Central and Western Europe for
purposes of prostitution and sexual exploitation. According to an
official with Germany's Federal Interior Ministry, in 2001
approximately 1,000 Belarusian women were trafficked to Germany and
forced to work as prostitutes. The official estimates that the number
during the year was significantly higher. The authorities have not
released any statistics, but according to country NGOs, several
thousand Belarusian women were victims of trafficking. Belarus was a
country of origin and transit for women being trafficked to Russia,
Ukraine, Lithuania, Germany, Israel, Poland, Czech Republic, Turkey,
Cyprus, Greece, Hungary and the Federated Republic of Yugoslavia.
The authorities have begun to recognize and address the problem of
trafficking in persons. In 2001 the Ministry of Interior prepared a 5-
year, 33-point strategy to combat trafficking in persons. The strategy
covered ways of improving legislation, international cooperation,
combating trafficking, and rehabilitation of victims. The strategy
included various governmental agencies, such as the Ministries of
Foreign Affairs, Labor, Education and the KGB. The Ministry of the
Interior and the Ministry of Social Welfare were involved in anti-
trafficking efforts. In partnership with the U.N. Development Program
(UNDP), the Ministry of Social Welfare established the Gender
Information and Policy Center (GIPC), which also dealt with this
problem.
Women seldom reported incidences of trafficking to police because
of a generally negative public opinion about law enforcement
authorities, shortcomings in legislation on the subject, and the
insufficient protection accorded victims and witnesses. Victims
generally were detained until the investigation identified them as
victims and they were eligible to be prosecuted for violations of other
laws. In January the Belarusian Young Women's Christian Center (BYWCO)
became the program coordinator for La Strada Belarus, an
antitrafficking campaign. The 3-year program was intended to focus on
training for NGOs and government officials, improving government
cooperation and public awareness. The International Organization for
Migration (IOM) in Belarus also launched a 1-year program to improve
trafficking prevention and assistance infrastructure. IOM has set aside
resources to provide 100 trafficking victims with reintegration
assistance in cooperation with the Government and NGOs. Crisis centers
established by some NGOs provided psychological assistance to victims
of violence. However, such centers did not include specialists in
dealing with victims of trafficking.
Under the La Strada program, BYWCO provided trafficking prevention
training to regional NGOs and municipalities. The BYCWO established an
information telephone line for women traveling abroad for reasons other
than tourism. BYCWO receives more than 100 inquiries a month. In
November BYWCO increased the hotline's operating hours from 2 to 7 days
a week.
__________
BELGIUM
Belgium is a parliamentary democracy with a constitutional monarch
who played a mainly symbolic role. The Council of Ministers (Cabinet),
led by the Prime Minister, holds office as long as it retains the
confidence of the lower house of the bicameral Parliament. Belgium is a
federal state with several levels of government, including national,
regional (Flanders, Wallonia, and Brussels), and community (Flemish,
Francophone, and German). The judiciary is independent.
The civilian authorities maintained effective control of all
security forces. In a sweeping reorganization in 2001, the former
Police Judiciare and the Gendarmerie merged at the federal level to
form a federal police force responsible for internal security and
nationwide law and order. Local Gendarmeries merged with local police
forces and operated as local branches of the federal police in all 196
police districts.
The country, which had a population of approximately 10 million,
was highly industrialized, with a vigorous private sector and limited
government participation in industry. The primary exports were
machinery and equipment. Gross domestic product in 2001 was estimated
at $230.3 billion. The economy, which grew at an approximate 2 percent
annual rate during the year, provided a high standard of living for
most citizens; there was little economic disparity.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provide effective means of
dealing with individual instances of abuse. Societal violence against
women and religious minorities and trafficking in women and children
remained problems, and the Government took steps to combat them.
Belgium was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In March the Brussels Chamber of Indictment ruled that five ex-
gendarmes (reorganized in 2001 as the federal police) must stand trial
for their alleged roles in the 1998 death of Semira Adamu, a Togolese
refugee, who died during her forced repatriation. Defendants in the
1991 killing of Andre Cools 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 law prohibits such practices, and in general
government officials did not employ them.
The operations of all police forces were integrated into a federal
system and overseen by the Federal Police Council and an anticorruption
unit.
A delegation from the Council of Europe's Committee for the
Prevention of Torture carried out one of its periodic visits to the
country in late 2001. The delegation indicated that it had examined the
procedures and means applied during the repatriation by air of foreign
nationals, the implementation of the 1990 law on the protection of the
mentally ill, and the situation in public establishments for youth
protection and reviewed recommendations made after its 1993 and 1997
visits. In October the Government released the delegation's report. It
addressed a limited number of allegations of ill-treatment by law
enforcement officials, but did not indicate that there were any
systemic abuses. The report made recommendations concerning the use of
force and means of restraint during involuntary movement of prisoners,
while noting that the Government already had taken numerous measures to
reduce risks to prisoners. The report's principal concerns were
violence between prisoners at Andenne Prison, chronic overcrowding at
Antwerp Prison, and the operation of psychiatric care system in
prisons.
Prison conditions varied: Newer prisons generally met international
standards, while some older facilities nearly met international
standards despite their Spartan physical conditions and limited
resources. Overcrowding was a problem. In December the prison system,
which was designed to hold 7,759 prisoners, held 8,673 prisoners
according to government figures. However, construction projects that
started during the year were expected to expand the prison system
capacity by 870 persons. Men and women were held separately. In June
the Government established a maximum-security facility for juvenile
prisoners and no longer permitted them to be held in adult prisons.
Juvenile prisoners routinely were released from detention whenever the
maximum-security facility reached its limit. The Government did not
hold convicted criminals and pretrial detainees in separate facilities.
Families were allowed to visit prisoners without supervision.
Approximately 300 prisoners nearing the end of their sentences lived at
home under electronic surveillance at year's end. The Government
permitted visits by independent human rights observers, and such visits
took place during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. Arrested persons must be brought before a judge
within 24 hours. Pretrial confinement was subject to monthly review by
a panel of judges, which could extend pretrial detention based on
established criteria (e.g., whether, in the court's view, the arrested
person would be likely to commit further crimes or attempt to flee if
released). At times lengthy pretrial detention was a problem. Bail
exists in principle under the law but was granted rarely. In September
37.3 percent of the prison population consisted of pretrial detainees.
Pretrial detainees received more privileges than did convicted
criminals, such as the right to more frequent family visits. Arrested
persons were allowed prompt access to a lawyer of their choosing or, if
they could not afford one, to an attorney appointed by the State.
Fehriye Erdal, a Kurdish woman accused of involvement in a 1996
terrorist attack in Turkey, remained under house arrest pending trial
at year's end.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system was organized according to specialization and
territorial jurisdiction, with 5 territorial levels: Canton (225),
district (27), provinces and Brussels (11), courts of appeal (5), and
the Cour de Cassation, which was the highest appeals court.
Military tribunals tried military personnel for common law as well
as military crimes. All military tribunals consisted of four military
officers and a civilian judge. At the appellate level, the civilian
judge presided; a military officer presided at trial. The accused had
the right of appeal to a higher military court.
Each judicial district had a Labor Court, which dealt with
litigation between employers and employees regarding wages, notice,
competition clauses, and social security benefits (see Section 6.b.).
There was also a magistrate in each district to monitor cases involving
religious groups (see Section 2.c.).
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Charges were stated clearly
and formally, and there was a presumption of innocence. All defendants
had the right to be present, to have counsel (at public expense if
needed), to confront witnesses, to present evidence, and to appeal.
The federal prosecutor's office was responsible for prosecuting
crimes involving nuclear materials, human trafficking, arms
trafficking, human rights violations, and terrorism, as well as crimes
against the security of the State.
The Summary Trial Act, which covers crimes punishable by 1 to 10
years' imprisonment, allows a prosecutor to issue an arrest warrant for
the immediate appearance in court of an offender caught in the act of
allegedly committing a crime. The warrant expires after 7 days, and the
court must render its verdict within 5 days of the initial hearing.
Defense attorneys challenged the summary trial procedures in May before
the Cour de Cassation. The court upheld a civil conviction but did not
address the summary trial question. Several human rights organizations
claimed that summary trial violated the presumption of innocence and
jeopardized the right to a full and fair defense.
A High Council on Justice supervised the appointment and promotion
of magistrates. The Council served as a permanent monitoring board for
the entire judicial system and was empowered to hear complaints against
individual magistrates.
Several government reforms implemented in 1998 granted stronger
rights to victims of crime. These measures allowed victims to have more
access to information during an investigation, as well as the right to
appeal if an investigation does not result in a decision to bring
charges. The Government opened Justice Houses in each of the 27
judicial districts. These facilities combined a variety of legal
services under one roof, including legal aid, mediation, and victim's
assistance.
So-called universal competence legislation enacted in 1993 and
revised in 1999 provided courts with jurisdiction over war crimes,
genocide, and crimes against humanity, regardless of the location of
the alleged crime or perpetrator; however, the Appeals Court ruled in
June that the defendant must physically be present in the country
before the case could proceed. In 2001 in the first trial based on this
law, six Rwandans resident in Belgium were charged with war crimes in
connection with the 1994 genocide in Rwanda. Four were convicted in
2001; however, in subsequent cases the scope of the law was limited by
court rulings. In February the International Court of Justice (ICJ) in
The Hague ordered the cancellation of a Belgian arrest order for former
Democratic Republic of the Congo Foreign Minister Abdulaye Yerodia
Ndombas. Citing the immunity of sitting ministers of foreign nations
from criminal prosecution in Belgian courts, the ICJ struck down the
verdict because Yerodia was in office when he was indicted. In June the
Brussels Chamber of Indictment Court dismissed the criminal complaints
against Israeli Prime Minister Ariel Sharon, Ivorian President Laurent
Gbagbo, former Ivorian President Robert Guei, and two other former
Ivorian Ministers. The court made no reference to the ICJ ruling, but
rather noted Article 12 of Belgium's Criminal Procedure Code, which
states that for crimes committed outside of Belgium, legal action can
only be taken if the suspect is found on Belgian territory.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
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 generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press. There were restrictions on the press regarding
libel, slander, and the advocacy of racial or ethnic discrimination,
hate, or violence.
Several television and radio stations were subsidized wholly by the
linguistic communities, government organizations below the federal
level that represented the three official linguistic groups, rather
than a geographic area; however, the Government had no official
editorial control over content. The potential for political influence
existed, as each station's operations were overseen by a board of
directors that consisted of representatives of all the main political
parties as well as representatives of the linguistic communities. All
newspapers were privately owned, and the Government discontinued the
direct subsidies formerly paid to them. Almost all homes have access to
cable television from other West European countries and elsewhere.
Satellite services also were available.
The Government did not restrict Internet access.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
Citizens were free to form organizations and establish ties to
international bodies; however, the Antiracism Law prohibits membership
in organizations that practice discrimination ``overtly and
repeatedly'' (see Section 5).
In June military personnel protested wage and other grievances.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The law accords ``recognized'' status to Roman Catholicism,
Protestantism (including evangelicals), Judaism, Anglicanism, Islam,
and Orthodox Christianity (Greek and Russian), and these religions
received subsidies from government revenues. Nonconfessional
philosophical organizations (laics) served as a seventh recognized
``religious'' group, and their organizing body, the Central Council of
Non-Religious Philosophical Communities of Belgium, received funds and
benefits similar to those of the six recognized religions.
By law each recognized religion has the right to provide teachers
at government expense for religious instruction in schools. For
recognized religions, the Government paid the salaries, lodging, and
retirement expenses of ministers and also subsidized the construction
and renovation of church buildings.
The lack of independent recognized status generally did not prevent
religious groups from freely practicing their religions, and citizens
generally practiced their religion without official harassment or
impediment. There was no provision in immigration law for noncitizen
members of unrecognized religious groups to travel to the country for
the purpose of paid or volunteer religious work, nor was there a
provision for them to obtain work permits for that purpose.
Nevertheless, the Government established temporary procedures in May by
which at least one nonrecognized religious group, the Church of Jesus
Christ of Latter-Day Saints, could bring in members from abroad
temporarily to conduct missionary activities. The Government has not
taken steps to make these temporary procedures permanent or indicated
any intention of amending the law to allow other nonrecognized groups
comparable access. Nonrecognized groups did not qualify for government
subsidies; however, they could qualify for tax-exempt status as
nonprofit organizations. There were no reported legal complaints of
religious discrimination during the year.
In 1998 Parliament adopted recommendations from a 1997 commission's
report on government policy toward sects, particularly sects deemed
``harmful'' under the law. The report divided sects into two broadly
defined categories: It characterized a ``sect'' as any religious-based
organization, and a ``harmful sect'' as a group that may pose a threat
to society or individuals. Attached to the report was a list of 189
sectarian organizations that were mentioned during testimony before the
commission. Although the introduction to the list clearly stated that
there was no intent to characterize any of the groups as ``dangerous,''
the list quickly became known in the press and to the public as the
``dangerous sects'' list. This list was not part of the report approved
by Parliament.
Although the Government stated that it neither recognizes nor
utilizes the list associated with its 1997 parliamentary inquiry, some
groups continued to complain that their inclusion continued to cause
discriminatory action against them. They maintained that the effect of
the list was perpetuated by the existence of the Center for Information
and Advice on Harmful Sects, a government-sponsored organization
charged with monitoring religious groups and providing information
about them to the public and the authorities. Although the Center has
maintained that the 1997 list has no bearing on its work, the groups on
which it focused were among those listed by the parliamentary inquiry.
While the Center had no legal authority to declare any religious group
harmful, some groups stated that the initial creation of the list,
followed by the establishment of an organization that has monitored
some groups from the list, caused negative assumptions and guilt by
association.
The Government's legal case against the Church of Scientology
remained unresolved. A complaint by a church member led to a 1999 raid
and seizure of church documents. No charges were filed, and the Church
tried unsuccessfully to have the seized documents returned. In February
the Chamber of Indictment ruled that the Church of Scientology had kept
files on its members in violation of the Privacy Act and therefore the
Government was under no obligation to return them. The Church
subsequently was notified officially that a tax investigation of its
nonprofit status that began nearly 5 years earlier also remained open
and active.
In the spring, there were several ant-Semitic incidents directed at
Jewish communities including a number of incidents of arson and
assault. Jewish authorities described the atmosphere as hostile and
frightening, and the Government deemed a police presence around some
synagogues during worship services necessary at year's end. Local
police addressed the problem on a case-by-case basis with the various
synagogues.
In addition, other religious groups complained of societal
discrimination, particularly groups that have not been accorded
official recognized status by the Government or those associated
primarily with immigrant communities.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The law includes provisions 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 office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. The Government
provided first asylum. During the year, it received more than 18,805
asylum applications, 25 percent fewer than in 2001, and nearly 60
percent fewer than in 2000. Authorities believed that the decline in
the rate of applications was primarily due to its discontinuing monthly
disbursements of several hundred euros that previously were given to
asylum applicants during the lengthy period before each case was
closed. Except for an extremely modest incidental allowance, applicants
were required to go to open reception centers to receive room, board,
and basic services. Approximately 70 percent of all asylum cases were
resolved within 8 weeks. The Government reported that its 39 reception
centers for applicants were approximately 80 percent full.
In response to complaints about slow processing time and the large
backlog of asylum applications, the Government in 2001 adopted a ``last
in, first out'' policy in processing new applications that was intended
to reduce processing time for applicants. Although a backlog of more
than 30,000 cases remained at year's end, that was a reduction of
10,000 since the end of 2001. The Government's concerted effort reduced
the backlog and greatly reduced the average asylum processing time.
The nationality code allows refugees to apply for naturalization
after living legally in the country for 2 years.
The Government, in partnership with the International Organization
for Migration (IOM), provided relocation assistance to unsuccessful
asylum applicants who agreed to repatriate voluntarily to their country
of origin. Unsuccessful applicants who did not leave voluntarily were
subject to deportation.
Undocumented asylum seekers arriving by air, whose claims do not
appear legitimate as determined by immigration officials, were not
allowed to enter but were held in a closed detention center at the
airport while awaiting deportation or voluntary repatriation. The
children of such asylum seekers did not attend school. Those applicants
whose claims appear to be legitimate were released to a system of 39
reception centers for shelter and assistance. These centers had a total
capacity of 7,000 beds.
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 ages 18 and older exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage. Voting in all elections was compulsory, and
failure to vote was subject to a nominal fine. Direct popular elections
for parliamentary seats (excluding some Senators elected by community
councils and others elected by Senate members) are held at least every
4 years. Opposition parties operated freely.
The Government was responsible for security, justice, social
security, and fiscal and monetary policy. The regional governments were
charged with matters that directly affect the geographical regions and
the material wellbeing of their residents, such as commerce and trade,
public works, and environmental policy. The linguistic community
councils handle matters more directly affecting the mental and cultural
well-being of the individual, such as education and the administration
of certain social welfare programs.
The existence of communities speaking Dutch, French, and German
created significant complexities for the State. Most major
institutions, including political parties, are divided along linguistic
lines. National decisions often take into account the specific needs of
each regional and linguistic group.
The law prohibits federal funding for political parties that
espouse discrimination. In 2001 the Brussels prosecutor charged three
nonprofit organizations linked to the Vlaams Blok party with violations
of the law. The district court held that it was not competent to hear
the case. The prosecutor and the Center for Equal Opportunities and
Opposition to Racism, an autonomous governmental entity, appealed the
decision, and a ruling is expected in 2003.
In Parliament there were 36 women in the 150-seat Chamber of
Representatives, and 21 of 71 Senators were female. Of 17 ministers, 3
were female. In May Parliament adopted legislation that requires an
equal number of male and female candidates on party tickets for all
future regional and federal elections. Data was not available on the
number of members of minorities represented in Parliament or who have
leading positions in the Government.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were very cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination based on these factors, and the
Government enforced these laws. In February Parliament adopted a
constitutional amendment that more clearly states the equality of men
and women. In December legislation broadening the scope of existing
anti-racism legislation and stiffening penalties for violations was
enacted. With Dutch, French, and German as official languages, the
country had a complex linguistic regime, including language
requirements for various elective and appointive positions. The law
prohibits the official financing of any racist or xenophobic party or
any party that does not respect human rights (see Section 3).
Women.--Societal violence against women was a problem. The law
defines and criminalizes domestic violence with the aim of protecting
married and unmarried partners. The law allows social organizations to
represent victims of domestic violence in court with the victim's
consent. The law allows police to enter a home without the consent of
the head of household when investigating a domestic violence complaint.
According to its proponents, the police do not use the law enough. By
year's end, the Government still had not implemented other provisions
of the law that required it to establish and maintain a database of
accurate statistics on domestic violence. Spousal rape was illegal, but
no data was available on the number of persons charged or convicted of
spousal rape during the years.
A number of government-supported shelters and telephone help lines
were available across the country. In addition to providing shelter and
advice, many offered assistance on legal matters, job placement, and
psychological counseling for both partners. Approximately 80 percent of
these organizations' budgets were provided by one of the three regional
governments.
The law prohibits organizing prostitution or assisting immigration
for the purpose of prostitution, but not prostitution itself. A 1995
law defined and criminalized trafficking in persons; however,
trafficking in women remained a problem (see Section 6.f.).
Sexual harassment is illegal. The Government implemented procedures
to monitor sexual harassment claims. Antisexual harassment provisions
were strengthened with Parliament's adoption of the Sexual Harassment
Act in June. Victims of sexual harassment had the right to sue their
harassers under existing law, and according to the law, sexual
harassment can be a form of sexual discrimination. The Act prohibited
discrimination in hiring, working conditions, promotion, wages, and
contract termination. Despite these laws, most cases of sexual
harassment were resolved informally. A study by the Ministry of Defense
in 2000 found that 54 percent of women in the armed forces had been
subjected to abusive language, 36 percent had experienced unwelcome
physical contact, and 4.6 percent reported being the victim of sexual
harassment involving physical violence.
The equal treatment of men and women is provided for in the
Constitution, law, and treaties incorporated into law. The Government
actively promoted a comprehensive approach to the integration of women
at all levels of decisionmaking. The Division of Equal Opportunity, a
part of the Ministry of Labor, focused on issues affecting women,
including violence against women, sexual harassment, and the
participation of women in the political process. The net average salary
for a woman was 84 percent of the national net average salary. In 1996,
the last year for which comparative statistics were available, women in
blue-collar jobs earned 79 percent of the salary of their male
counterparts. The average salary for women in white-collar jobs was 70
percent of the salary of their male counterparts.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded a system of public education and
health care. It provided free compulsory education from ages 6 to 18.
The Francophone and Flemish communities had agencies specifically
dealing with children's needs.
In 2000 Parliament amended the Constitution to include an article
on children's rights. The new article provides that every child has the
right to respect for his or her moral, physical, mental, and sexual
integrity. There were comprehensive child protection laws. The law
combats child pornography by applying severe penalties for such crimes
and against those in possession of pedophilic materials. The law
permits the prosecution of Belgian residents who commit such crimes
abroad and provides that criminals convicted of the sexual abuse of
children cannot receive parole without first receiving specialized
assistance and must continue counseling and treatment upon their
release from prison. A Senate report in July indicated that not all
courts apply the laws equally; the differences were attributed to
inconsistent prosecutorial efforts. In 2001 a new youth protection act
entered into force to provide better protection against sexual
exploitation, abduction, and trafficking.
There was no societal pattern of abuse directed against children.
Child prostitution was a problem but was not widespread.
Trafficking in children was a problem (see Section 6.f.).
Government and private groups provided shelters for runaways and
counseling for children who were abused physically or sexually. Child
Focus, the Government-sponsored center for missing and exploited
children, reported that it handled 2,065 cases in 2000. Nearly 48
percent of the reported cases concerned runaways, and 27 percent
involved abduction by parents. Approximately 8 percent were pedophilia
cases. Child Focus also reported that in 2001 the number of reported
cases of missing children rose by 14.5 percent over the previous year.
The vast majority of these cases continued to be teenage girls.
Persons with Disabilities.--The law provides for the protection of
persons with disabilities from discrimination in employment, education,
and in the provision of other state services. There were no reports of
societal discrimination against persons with disabilities. The
Government mandated that public buildings erected since 1970 be
accessible to such persons and offered subsidies to encourage the
owners of other buildings to make necessary modifications; however,
many older buildings were not accessible.
The Government provided financial assistance for persons with
disabilities. It gave special aid to parents of children with
disabilities and to parents with disabilities. Regional and community
programs provided other assistance, such as job training. Persons with
disabilities were eligible to receive services in any of the three
regions (Flanders, Wallonia, or Brussels), not just their region of
residence.
National/Racial/Ethnic Minorities.--Belgium is a pluralistic
society in which individual differences generally were respected, and
linguistic rights in particular generally were protected. Approximately
60 percent of citizens were native Dutch speakers, 40 percent French
speakers, and less than 1 percent German speakers.
The Antiracism Law penalizes the incitement of discrimination,
hate, or violence based on race, ethnicity, or nationality. It is
illegal for providers of goods or services (including housing) to
discriminate on the basis of any of these factors and for employers to
consider these factors in their decisions to hire, train, or dismiss
workers.
In 2001 the Government-sponsored Center for Equal Opportunity and
the Fight Against Racism, which was tasked with investigating
complaints of discrimination based on race, handled 1,246 complaints, 5
percent of which led to court action. In its 2001 report, the Center
attributed the increased number of complaints in 2001 (after 3
consecutive years of decline) to the events of September 11 overseas.
However, the two principal categories of complaints--discrimination in
the workplace and in the provision of public services--remained
unchanged over the past 5 years.
Section 6. Worker Rights
a. The Right of Association.--Under the Constitution, workers have
the right to associate freely, including the freedom to organize and to
join unions of their own choosing. The Government did not limit such
activities, and workers fully and freely exercised their right of
association. Approximately 60 percent of employed and unemployed
workers were members of labor unions. Unions were independent of the
Government but have important links with major political parties. The
Government did not require unions to register.
The law prohibits discrimination against organizers and members of
unions and protects against the termination of contracts of members of
workers' councils, members of health or safety committees, and shop
stewards. Employers found guilty of antiunion discrimination were
required to reinstate workers fired for union activities or to pay an
indemnity; however, payment of the indemnity reportedly was much more
common than reinstatement. Effective mechanisms such as labor courts in
each district existed for the adjudication of disputes between labor
and management (see Section 1.e.).
Unions were free to form or join federations or confederations and
were free to affiliate with international labor bodies.
b. The Right to Organize and Bargain Collectively.--The right to
organize and bargain collectively was recognized, protected, and
exercised freely. Every other year, the employers' federation and the
unions negotiate a nationwide collective bargaining agreement, covering
2.4 million private sector workers, that establishes the framework for
negotiations at the plant and branch levels. During the year, employers
and unions reached a nationwide collective bargaining agreement that
set the benchmark for wage increases at 5.4 percent. It included an
agreement on providing early pensions to workers who lose their jobs
before reaching the retirement age of 58.
Organized workers, including civil servants, had the right to
strike; however, members of the merchant marine, the military, and
magistrates did not. The federal and local police forces had the right
to strike; however, the Government could order necessary personnel back
to work to maintain law and order. There were no significant strikes
during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age of employment for children was 15. Youths
between the ages of 15 and 18 could participate in part-time work/study
programs and work full time during school vacations. The labor courts
effectively monitored compliance with national laws and standards.
There were no industries where any significant child labor exists.
e. Acceptable Conditions of Work.--The monthly national minimum
wage for workers over 21 years of age was approximately $1,050 (1,163
euros); 18-year-olds were required to be paid at least 82 percent of
the minimum, 19-year-olds 88 percent, and 20-year-olds 94 percent of
the minimum. The national minimum wage, coupled with extensive social
benefits, provided a decent standard of living for a worker and family.
Minimum wages in the private sector were set in biennial, nationwide
collective bargaining meetings (see Section 6.b.), which lead to formal
agreements signed in the National Labor Council and made mandatory by
royal decree for the entire private sector. In the public sector, the
minimum wage is determined in negotiations between the Government and
the public service unions. The Ministry of Labor effectively enforces
the law regarding minimum wages. By law the standard workweek cannot
exceed 39 hours, and work on Sundays is prohibited. Many collective
bargaining agreements set standard workweeks of 35 to 38 hours. The law
requires overtime pay for hours worked in excess of the standard. Work
done from the 9th to the 11th hour per day or from the 40th to the 50th
hour per week were considered allowable overtime. Longer workdays were
permitted only if agreed upon in a collective bargaining agreement.
These laws and regulations were enforced effectively by the Ministry of
Labor and the labor courts.
There are comprehensive provisions in the law for worker safety. In
some cases, collective bargaining agreements supplemented these laws.
Workers had the right to remove themselves from situations that
endanger their safety or health without jeopardy to their continued
employment, and the law protects workers who file complaints about such
situations. The Labor Ministry implemented health and safety
legislation through a team of inspectors and determined whether workers
qualify for disability and medical benefits. The law mandates health
and safety committees in companies with more than 50 employees. Labor
courts effectively monitored compliance with national health and safety
laws and standards.
f. Trafficking in Persons.--The law defines and criminalizes
trafficking in persons; however, the country was both a transit point
and destination for trafficking in women and children. Despite
legislation that offered protection and continued residence in the
country to victims of trafficking who come forward, both governmental
and nongovernmental sources indicated a continuing rise in trafficking,
particularly of women and minors for sexual exploitation. There were
isolated reports that individual government employees accepted bribes
to assist trafficking groups.
While a growing number of victims did come forward, it rarely led
to the identification or capture of the traffickers. Traffickers not
only moved their victims frequently from city to city within the
country, but also used the EU's open borders to move victims from
country to country. Freedom of movement also made it easy for
traffickers to evade arrest if one of their victims went to the
authorities.
An interdepartmental committee provided coordination and
communication between the various agencies and ministries involved in
combating trafficking. This committee met several times annually under
the auspices of the Center for Equal Opportunity and the Fight Against
Racism. A magistrate was designated in each judicial district to
supervise cases involving trafficking. The newly created Federal
Prosecutor's Office was in charge of coordinating the various
antitrafficking initiatives. Antitrafficking units also were
established in the federal and local police forces; the Government has
not compiled data in recent years on the number of persons arrested
under the human trafficking law. Sentences for persons convicted under
the law ranged from approximately 2 to 6 years' imprisonment and fines
of approximately $2,000 to $10,000 (2,000 to 10,000 euros). However, at
least some of the convictions were related only indirectly to
trafficking. Relevant police agencies and magistrates investigated
these cases, and legal action was taken against officials who abused
their authority to help traffickers. The Government did not set a date
for the trial but stated that it expects one to begin in 2003.
Since 1994 the majority of cases involved victims of either sexual
or economic exploitation from sub-Saharan Africa (especially Nigeria),
Central and Eastern Europe, and Asia (especially China). The victims of
sexual exploitation increasingly were women under age 18. Nigerian and
Albanian victims usually were young women between the ages of 21 and 30
trafficked for prostitution. Chinese victims often were young men
trafficked for manual labor in restaurants and sweatshops. There were
also occasional reports that boys as young as 12 or 13 years were
brought into the country from West Africa and Latin America with false
documents by soccer agents for tryouts with local clubs. Boys who
failed to gain a contract sometimes were abandoned by their agents and
ended up on the streets.
In 1996 authorities uncovered a suspected pedophile/child
pornography and trafficking ring. Five suspects remained under
investigation, including the accused ringleader, Marc Dutroux, who was
arrested and charged with murder. Dutroux was indicted on pedophile/
child pornography and trafficking charges in December; a date for his
trial had not been set by year's end. The lengthy delay in bringing the
pedophile and trafficking case against Dutroux to trial continued to
fuel widespread public criticism about the investigation of the case
and the judicial system in general.
Under the law, victims of trafficking who provide evidence against
the trafficker may be granted temporary residence and work permits and
were eligible to receive significant financial assistance from
government-funded reception centers managed by nongovernmental
organizations (NGOs). In each of the three regions in the country
(Wallonia, Flanders, and Brussels), the Government designated and
subsidized a nonprofit organization to provide such assistance. At the
conclusion of legal proceedings against their traffickers, victims
generally were granted permanent residence status and unrestricted work
permits. The rights of victims were respected in practice, and they
were not treated as criminals. The Center for Equal Opportunity and the
Fight Against Racism reported that shelters assisted 230 persons in
2000, primarily victims of sexual exploitation; the Center has not
maintained these statistics.
The Ministries of Interior and Foreign Affairs worked closely
together to assign antitrafficking liaison officers to Belgian
embassies in countries of origin, including Albania, Cote d'Ivoire, the
Democratic Republic of the Congo, Guinea, Kazakhstan, and Ukraine.
These officers gathered information about local conditions and
trafficking trends and assisted in establishing antitrafficking
information campaigns for the local population.
The Government worked closely with the IOM to develop programs to
combat trafficking and to assist its victims. For example, the
Government provided funding for information campaigns in countries of
origin to warn women of the dangers of trafficking. It also provided
funding to the IOM to assist the voluntary return of victims to their
home countries and to assist them in readjusting once they had returned
home. The Government worked closely with and supported NGOs that combat
trafficking.
__________
BOSNIA-HERZEGOVINA
The 1995 General Framework Agreement for Peace in Bosnia and
Herzegovina (the Dayton Accords) created the independent state of
Bosnia and Herzegovina (BiH), previously one of the constituent
republics of Yugoslavia. The agreement also created two multiethnic
constituent entities within the state: The Federation of Bosnia and
Herzegovina (the Federation) and the Republika Srpska (RS). The
Federation has a postwar Bosnian Muslim (Bosniak) and Croat majority
while the RS has a postwar Bosnian Serb majority. The Constitution
(Annex 4 of the Dayton Accords) established a central government with a
bicameral legislature, a three-member presidency (consisting of a
Bosniak, a Serb, and a Croat), a council of ministers, a constitutional
court, and a central bank. The Accords assigned many governmental
functions to the two entities, which have their own governments,
Parliaments, militaries and police forces. The Accords also provided
for the Office of the High Representative (OHR) to oversee
implementation of civilian provisions. The High Representative also has
the power to impose legislation and remove officials who obstruct the
implementation of the Dayton Accords.
In the Federation, the President appoints the Prime Minister
subject to parliamentary approval. The Federation Parliament is
bicameral. Serious ethnic and political rivalries continued to divide
Croats and Bosniaks. In the RS, the President and Vice Presidents are
directly elected, while a Prime Minister selected by Parliament heads
the Government. The Parliament, called the RS National Assembly, is
elected on a proportional basis, and the Council of Peoples has the
power to review laws vital to national interest issues of any of the
constituent peoples. The RS Council of Peoples allows Bosniak, Croat,
or Serb representatives to block legislation they believe threatens
their group's vital national interest. In the city of Brcko, which is a
``self-governing neutral district,'' an internationally appointed
supervisor with executive authority is empowered to address such issues
as taxation, law enforcement, district management, and composition of
the district assembly. The judiciary remained subject to influence by
nationalist elements, political parties, and the executive branch and
thus was unable to prosecute all but the simplest crimes fairly and
effectively.
The October general elections were the first administered by local
authorities since the end of the war. All previous postwar elections
had been conducted by the Organization for Security and Cooperation in
Europe (OSCE). OSCE election officials reported that the elections were
free and fair. Turnout for the elections was lower than in previous
elections. Candidates of the three main nationalist parties, the
Bosniak Party for Democratic Action (SDA), the Serb Democratic Party
(SDS), and the Croatian Democratic Union (HDZ), won seats to the
tripartite BiH Joint Presidency. In the RS, the SDS, founded by wartime
Serb leader Radovan Karadzic, won a plurality, but lost ground to the
moderate Alliance of Independent Social Democrats (SNSD). Following the
October elections, coalitions of nationalist parties from all three
ethnic groups gained control in the Parliaments at the state and both
entity level governments. Several swing parties that had previously
supported the moderate Alliance For Change (AFC) government, such as
the RS-based Party of Democratic Progress (PDP) and the Bosniak Party
for BiH (SBiH), joined with the nationalist parties. This gave the
nationalist coalitions the numbers they needed to gain control of the
Parliaments at both the BiH and entity levels.
The Constitution gives the Government of each entity responsibility
for law enforcement in accordance with internationally recognized
standards. The Stabilization Force (SFOR), led by NATO, continued to
implement the military aspects of the Dayton Accords and to provide a
secure environment for implementation of the nonmilitary aspects of the
settlement, such as civilian reconstruction, the return of refugees and
displaced persons, and freedom of movement of the civilian population.
The U.N. International Police Task Force (IPTF), which was established
by the U.N. under Annex 11 of the Dayton Accords, completed its mission
on December 31. It was succeeded by the smaller European Union Police
Mission (EUPM), whose stated objectives were to monitor, mentor, and
inspect the local police, and to raise police standards so that they
are in line with accepted European and international practice. Some
international observers were concerned as to whether the EUPM would be
sufficiently prepared to monitor thoroughly abuses and lack of
compliance by local police. In addition to locally recruited police
forces, the entities maintained separate armies. While the BiH-level
Constitution states that the armies are under BiH-level Presidential
authority, in practice they were controlled by the entities. Entity
governments generally maintained civilian control over the armed
forces. During the year, police in both the Federation and the RS used
internal affairs units to investigate and dismiss officers for
committing abuses. Members of the police and security forces in both
entities committed some human rights abuses in many parts of the
country.
While the country continued to make progress toward implementing
free-market reform, the economy remained only at the early stages of
transition to a market economy. By the end of July, the estimated
population in the country was 3,950,000, compared to an estimated
prewar population of 4,377,033. Per capita gross domestic product
remained only half of the prewar level, and unemployment stood at
approximately 18 percent, even taking into account the considerable
employment that occurred within the informal economy, where workers
typically received no benefits. The country remained heavily dependent
on foreign assistance, which was expected to diminish significantly.
The country made advances in areas necessary to make the transition
from post conflict aid dependence to sustainable economic growth. Such
advances included: Stimulating more private sector development;
attracting more investment and providing a hospitable tax regime;
accelerated privatization; a tougher stance on crime and corruption;
and a single economic space. There was a growing gap between rich and
poor, due mainly to the lack of rule of law. The growth in the black
and gray markets in the years after the war allowed some to reap
windfall profits, while the law abiding continued to face serious
economic hardship.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained. The
degree of respect for human rights continued to vary among areas with
Bosniak, Bosnian Croat, and Bosnian Serb majorities. According to
credible reports, police continued to abuse and physically mistreat
detainees and other citizens. Police brutality continued, for the most
part with impunity. However, U.N. monitors reported progress in
establishing procedures to ensure police accountability and
transparency, such as a substantial drop in illegal and arbitrary
detentions. Prison conditions met prisoners' basic minimum needs for
hygiene and access to medical care; however, overcrowding and
antiquated facilities continued to be a problem. The judiciary in both
entities remained subject to influence by dominant political parties
and by the executive branch. Overlapping and poorly defined layers of
judicial responsibility and outdated procedures made the administration
of justice sporadic and vulnerable to manipulation. Even when
independent decisions were rendered, local authorities often refused to
carry them out. Although the RS Parliament passed a law on cooperation
with the Hague-based International Criminal Tribunal for the Former
Yugoslavia (ICTY) in September 2001, the RS continued its de facto
refusal to take action against any Serbs indicted by the ICTY. Although
the Federation did not facilitate any new transfers during the year,
the Federation cooperated generally with the ICTY. Authorities in all
areas infringed on citizens' privacy rights. The destruction of
minority-owned houses continued in some areas of the RS and in Croat-
controlled areas of the Federation.
Pressure and harassment of media by authorities and dominant
political parties declined somewhat compared with 2001 but intensified
in the month immediately before the national elections. Incidents
included bureaucratic harassment, intimidation, published insults, and
threatening behavior. Nonetheless, the nature of the incidents tended
to be less violent and less overt than in the previous year. Academic
freedom was constrained by ethnic favoritism and politicization of
faculty appointments. Authorities continued to impose some limits on
freedom of assembly and association. Both entity governments and
private groups continued to restrict religious practice by minorities
in majority areas; religious discrimination remained a problem. Freedom
of movement continued to improve, although some restrictions remained
in practice. While police failed to ensure security for refugees
returning to areas in which they were an ethnic minority, incremental
improvement and responsiveness were noted.
Violence against women, in particular domestic violence, was a
persistent yet underreported problem, and discrimination against women
persisted. Severe discrimination against ethnic minorities continued in
areas dominated by Serb and Croat ethnic groups, with some
discrimination in Bosniak-majority areas, particularly regarding the
treatment of refugees and displaced persons. Isolated instances of
political, ethnic, or religious violence continued. The political
leadership at all levels, in varying degrees but more so in the RS than
in the Federation, continued to obstruct minority returns in certain
localities. Members of society, organized by local authorities,
harassed minorities and violently resisted their return in some areas,
such as Trebinje, and elsewhere in the RS. Trafficking in women and
girls was a serious problem. Bosnia and Herzegovina was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
On November 12, after a 17-month trial, a Sarajevo court acquitted
all six defendants charged in the 1999 bombing that killed former
Federation Deputy Interior Minister Jozo Leutar due to lack of
evidence. The judge noted that the testimonies of the two protected
witnesses were contradictory. At the time of his assassination,
Minister Leutar was carrying out an investigation into organized crime.
The prosecution was preparing an appeal to the Federation Supreme Court
at year's end.
On September 24, Zeljko Markovic, Police Chief of Serb Sarajevo,
was killed outside his home in Sokolac. Police detained a few persons
for interrogation but later released them due to a lack of evidence. As
of the end of October, the investigation was continuing, and many
believed that his death may have been connected to his work against
corruption and organized crime.
In October 2001, police discovered the bodies of Father Matanovic
and his parents, who disappeared from Prijedor in 1995, in the well of
their family residence in Rizvanovici (see Section 1.b.). Autopsies
revealed that their hands had been bound with RS police-issued
handcuffs and that each had been shot in the head with police weapons.
In 2001 several former RS police officials were under investigation,
and in May 2001, the IPTF commissioner had deauthorized three Prijedor
police officers for their involvement in Father Matanovic's
disappearance. Also in May 2001, five former RS police officials were
detained. The ICTY approved the investigation and detention of these
five former RS police officers, and their case was transferred to the
domestic judicial system where it has been turned over to an
investigative judge (see Section 4).
In October the trial began in the ICTY against Slobodan Milosevic,
the former President of Serbia and Montenegro (Yugoslavia), who was
arrested last year and charged with genocide (see Section 4). The local
prosecution of war crimes cases proceeded slowly due to political
interference; however, authorities made some progress during the year
with the arrest and trial of suspects in the Bosnian courts. The lack
of a witness protection program has hampered prosecutions (see Section
1.c.).
SFOR arrested numerous war crimes suspects. For example, on April
1, SFOR arrested Momir Nikolic who was indicted by the ICTY in
connection with the 1995 Srebrenica massacre. On June 13, SFOR arrested
Darko Mrdja in Prijedor in connection with the August 1992 massacre of
more than 200 men in the Vlasic mountain region in the central part of
the country. On July 7, Miroslav Deronjic was arrested on charges of
crimes against humanity in the village of Glogova near Bratunac in
1992. On July 9, Radovan Stakovic was arrested for his alleged role in
the detention, torture, and sexual assault, including rape, of Bosnian
Muslim women and girls in Foca from June 1992 to February 1993.
In addition to SFOR arrests, Dusan Knezevic, one war crimes
suspect, voluntarily surrendered on May 18 to representatives of the
U.N. war crimes tribunal in Banja Luka. He was one of four suspects
charged with atrocities against Bosniaks and Croats at the Omarska and
Keraterm war camps in the country in 1995. In May Serbian police
arrested Ranko Cesic for war crimes and crimes against humanity in the
Luka camp near Brcko.
On January 3, the Sarajevo Cantonal Court convicted Bosnian Serb
Goran Vasic of beating Bosnian Muslim prisoners at a wartime camp but
acquitted him of killing Bosnia's Deputy Prime Minister Hakija Turajlic
in 1992.
On October 14, persons received sentences of 2 to 13 months'
imprisonment for their role in the Ferhadija Central Mosque riots in
May 2001, where crowds protesting the laying of a cornerstone for the
reconstruction of thatmosque killed a Muslim man (see Section 2.c.). In
April a murder suspect was arrested in April for the 2001 killing of a
16-year-old Bosniak girl near Vlasenica; however, he was released in
July. At year's end, the case remained unsolved.
An improvement in the security environment for returnees resulted
in a decrease of 43 percent in documented acts of violence in the RS
from 2001. Bosniak Muamar Topalovic was suspected of murdering three
members of a Croat family, the Andjelic family, in Konjic on December
24. On December 31, a 76-year-old Bosniak woman was murdered in
Kozarska Dubica in the RS.
An estimated 1 million landmines were planted in the country during
the 1992-95 wars (see Section 1.c.). Since 1995 landmines have killed
339 persons, 21 during the year.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year. There remained an estimated 20,000 to
30,000 persons missing from the wars in 1991-95.
Under an OHR-mediated agreement reached in 1996, exhumations were
carried out by the Bosniak, Bosnian Croat, and Bosnian Serb commissions
for missing persons. The commissions were free to carry out exhumations
and collect unburied mortal remains in territory under the authority of
another majority ethnic group using an established notification system.
The International Commission for Missing Persons (ICMP), which operated
in all countries of the former Yugoslavia, reported that the remains of
an estimated 750 persons had been recovered in the country as of mid-
October, and an additional 60 or more sets of mortal remains were
exhumed in the intraentity process. The largest gravesite to be
uncovered during the year was found in Kamenica and was believed to
contain, along with other gravesites in the area, approximately 1,000
sets of mortal remains of victims from Srebrenica, which were expected
to be recovered by the end of the year.
The ICMP continued developing its centralized system of DNA
identification, finishing construction of its DNA laboratory in Banja
Luka. The ICMP collected 9,729 blood samples by the end of September
and was expected to have collected 13,000 samples by the end of the
year. During the year, 18,838 DNA blood profiles were obtained. ICMP
also received 4,000 bone samples resulting in 2,519 DNA bone profiles
during the year. By the end of the year, 1,250 DNA matches had been
made that should result in the identification of approximately 750
missing persons.
The Missing Persons Institute (MPI) is a state institution that
opened in August 2000 to serve as a working platform for entity-level
commissions on missing persons under guidance from the ICMP. During the
year, ICMP instigated the separation process of MPI from ICMP, as MPI
will eventually take over responsibility for recovering and identifying
human remains and supporting families of the missing.
The issue of missing persons was used for political purposes prior
to the October elections. The RS government Bureau for Relations with
the ICTY issued a report in September, during the pre-election period
and prior to the beginning of the Milosevic trial in the Hague, which
stated that only 1,800 persons were missing from Srebrenica. The report
did not cite any supporting evidence. In this context, a neutral
scientific approach, such as that provided by ICMP's DNA identification
process, was intended to prevent such political manipulation and
ultimately provide closure and an unbiased answer as to the number of
missing persons from Srebrenica.
The International Committee of the Red Cross (ICRC) reported that
since 1995 it had received requests from family members to trace 20,845
persons missing from the war years, including 17,330 Muslims, 740
Croats, 2,643 Serbs, and 132 others. A total of 3,143 of these persons
had been accounted for (318 of whom were found alive) by year's end.
The ICRC reconstituted the Working Group for Tracing Missing Persons,
which was created by the Dayton Peace Agreement to serve as a channel
for passing tracing requests to local authorities. This group had been
suspended in 1999 due to lack of cooperation from local authorities.
RS compliance with the Human Rights Chamber's decisions ordering
full investigations into several wartime disappearance cases improved
somewhat during the year (see Section 1.e.). For example, the RS fully
complied with the 1997 Human Rights Chamber's order to conduct a full
investigation into the disappearance of Father Tomislav Matanovic from
Prijedor in 1995 (see Section 1.a.). Pressure from the IPTF was a
factor in the successful conclusion of this investigation. However, the
RS authorities ignored requests for investigations in numerous other
cases.
During the year, the RS paid compensation awarded by the Chamber to
Colonel Avdo Palic's family but did not conduct an investigation,
ordered by the Chamber, into his disappearance in 2001. Therefore, the
RS only partially complied with the Palic decision.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution provides for the right to freedom from
torture and cruel or inhuman treatment or punishment, but in all areas
of the country, police abused and physically mistreated persons at the
time of arrest and during detention. However, according to U.N.
monitors, the number of complaints against police officers declined
significantly during the year. Monitors cited as a major reason for the
improvement a U.N.-initiated program to set up a system of maintaining
a written record at every step of the arrest and detention process.
There were 105 incidents of police misconduct reported to the IPTF.
Categories of misconduct may include assault, beatings in custody,
excessive use of force, ill treatment, harassment, police inaction,
illegal detention, restriction of movement, improper seizures,
abductions, sexual assaults, negligence, corruption, and abuse of
power.
Police commonly failed to act on complaints of police brutality,
and punishments were mild and often done only under pressure from the
IPTF or other international monitors. Police were not usually
criminally charged in such cases. Many victims of police abuse were
reluctant to file complaints for fear of retribution. To remedy these
problems, a U.N. accreditation program was created. The goal of the
program was to accredit those law enforcement agencies that met clear
criteria for democratic, multiethnic police institutions. To gain
accreditation, a police force must demonstrate professional competence,
organizational capacity, and institutional integrity.
Specific requirements for accreditation included the establishment
of standard operating procedures and an internal review process.
Professional Standards Units (internal affairs) were created in each of
the Ministries of Interior and in the District of Brcko. The policies
included strict guidelines for arrest and detentions, civilian
selection and review boards, and promotion and disciplinary procedures.
With Professional Standards Units operational, police forces acted
against some officers, resulting in fines, suspensions, and dismissals,
as well as several criminal convictions.
During the year, the IPTF certified 16,764 police officers and
issued 556 denials of certification. This process of certification for
local, entity and BiH-level law enforcement officers, all of whom had
previously received provisional authorization, involved in-depth
background checks, as well as completion of IPTF-mandated training.
Among the applicants, 352 failed final certification on the basis of
wartime activities or serious disciplinary problems. The latter
category included those with criminal records or indictments, as well
as those with three or more noncompliance citations by IPTF.
Poor police protection and violence against minority communities
continued in several areas, particularly in the eastern RS and
Herzegovina (see Section 5).
Police in the eastern RS were able to provide security for Bosniak
events, which included the ``Women of Podrinje'' commemoration in
Bratunac and the Srebrenica commemoration in July. Both of these events
occurred without violence, as did many mosque openings throughout the
year, in contrast to the previous year. A total of 1,600 minority
police officers had been added to both the Federation and the RS police
forces by year's end. Although this represented only 10 percent of the
entire police force, it was an improvement for ethnic minority
populations.
Some police officers were involved in trafficking in persons (see
Section 6.f.).
During the year, the entity Mine Action Centers were combined,
forming a BiH-level Bosnia and Herzegovina Mine Action Center (BiH
MAC). In addition, more active commissioners were appointed to the BiH-
level demining commission and worked with BiH MAC toward the goal of
making the country free of landmines by 2010. In both entities, and in
relevant Cantons and municipalities, over $1.5 million (3 million KM)
was spent on demining during the year. These government contributions
represented a meaningful first step in transferring the responsibility
for funding demining from the international community to the country.
The funding covered overhead expenses at the Mine Action Center.
Conflicting forces planted an estimated 1 million landmines in the
country during the 1992-95 wars. Since 1995, landmine explosions have
injured 1,033 persons; 34 were seriously wounded during the year. As of
August, between 7 and 10 percent of the total of landmines and
unexploded ordinance in the country had been removed.
Individual and societal violence motivated by ethnic conflict
continued to be a serious problem, and numerous bombings, shootings,
and assaults caused deaths, injuries, and significant material damage
(see Sections 2.d. and 5); however, violence decreased compared with
2001.
There continued to be numerous violent incidents directed at
returning refugees (see Sections 2.d. and 5). Violence against
journalists, including physical assaults, continued (see Section 2.a.).
Prison standards for hygiene and access to medical care met
prisoners' basic needs; however, overcrowding and antiquated facilities
remained chronic problems. Corruption among prison officials continued
to be a problem. Prisoners organized strikes in Zenica and Orasje to
demand better conditions. There were no separate prisons for female or
juvenile inmates, but they were held in separate wings of facilities
for adult males. Pretrial detainees were also held separate from
convicted criminals. Conditions were worse in police detention
facilities, where overcrowding and inadequate food and hygiene were
chronic problems.
The Government permitted visits by independent human rights
observers; international community representatives were given
widespread and for the most part unhindered access to detention
facilities and prisoners in both entities as well.
d. Arbitrary Arrest, Detention, or Exile.--The Constitutions of
both the entities and the country prohibit arbitrary arrest and
detention. Arbitrary arrest and detention declined after the
introduction of accounting procedures to track the arrest and detention
process. Police must now maintain written records documenting each step
of the process. According to U.N. monitors, the number of complaints
has dropped significantly since these procedures came into effect.
Federation law permits prearraignment detention of up to 24 hours; in
the RS prearraignment detention may extend for 3 days, but these
deadlines have been violated. The IPTF denied certification to some
police for violating these procedures.
On October 11, the BiH's Human Rights Chamber determined that the
BiH and Federation governments violated human rights conventions in
transferring four of six Algerian terrorism suspects to the custody of
a foreign government in January. Three of the four suspects were
stripped of their Bosnian citizenship after the BiH government
determined that they had obtained their citizenship fraudulently. The
fourth was not a Bosnian citizen but had a residence permit. The
Chamber ruled that the transfer of the four suspects was illegal
because the Ministry of Civil Affairs and Communications did not issue
a required decision on expulsion. The Chamber also held that the four
suspects were unlawfully detained from January 17 to January 18, but
that their detention from October 2001 to January 17 was lawful.
Additionally, the Chamber held that the BiH and the Federation
governments should have sought assurances from the foreign government
that it would not seek the death penalty against the detainees prior to
their hand-over. The Chamber ordered both the BiH Federation
governments to pay monetary compensation to each applicant and to
engage attorneys on behalf of each applicant. The Chamber also ordered
BiH to seek assurances that the death penalty would not be sought and
to provide consular support to each of the applicants. In public
statements, Ministers criticized the Chamber's decision as influenced
by political concerns and claimed that the decision was flawed on both
procedural and substantive grounds. Nonetheless, the BiH government
indicated it would comply with the Chamber's decision, although at
year's end it was considering pursuing an appeal.
On October 26, SFOR detained Sabahudin Fijuljanin for conducting
surveillance of SFOR's Eagle Base in Tuzla. Evidence obtained during a
search of Fijuljanin and his house in Gornja Maoca included a pistol,
multiple passports issued in Fijuljanin's name, and an armed rocket
propelled grenade launcher. Additional information led SFOR to conclude
that Fijuljanin was linked to al-Qa'ida. SFOR stated that Fijuljanin's
detention was based on the Dayton Peace Agreement, which provides SFOR
with the authority to take necessary measures to ensure safety of SFOR
personnel and installations. In November Fijuljanin contacted his
attorney, and on December 9, Fijuljanin's lawyer filed an application
with the Human Rights Chamber on Fijuljanin's behalf asking the Chamber
to order the BiH and Federation governments to prevent his removal from
the country. Fijuljanin also was allowed to contact his family during
his detention and received visits by representatives of the ICRC.
Fijuljanin remained in detention, and his case was pending before the
Human Rights Chamber at year's end.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--Both the Federation and RS
Constitutions provide for an independent judiciary; however, the
executive and some political parties continued to influence the
judicial system. The legal system was unable to protect the rights of
either victims or criminal defendants adequately because of its
inefficient criminal procedure codes and ineffective trial procedures.
The judiciary remained subject to influence by political parties.
Judges and prosecutors who showed independence were subject to
intimidation, and local authorities at times refused to carry out their
decisions.
Some political leaders and organized crime figures attempted to
influence judicial institutions and prosecutorial offices in both
entities. Government officials and nationalist elements in the past
exerted political pressure to obstruct investigations by law
enforcement agencies. Some politicians and other powerful figures
continued to exert influence on cases before the courts. Court files
often contained letters from politicians about particular cases, and
politicians often made public statements blaming judges or prosecutors
for carrying out their duties. Organized crime elements also sought to
pressure judges. The criminal justice system did not investigate or
prosecute serious crime or corruption cases effectively. A lack of
resources and a huge backlog of unresolved cases provided a convenient
excuse for judicial inaction.
Even when the courts rendered a fair judgment, local officials and
the court police often ignored or refused to implement their decisions.
This was especially true for those who won decisions mandating the
eviction of illegal occupants from their property, although this
continued to improve during the year under pressure from the
international community (see Section 1.f.).
In order to increase the efficiency of legal assistance and
official cooperation in criminal matters between the entities
themselves as well as between the entities and Brcko, the High
Representative imposed the Law on Legal Assistance and Official
Cooperation in Criminal Matters on May 23. In conjunction with this
law, the OHR also set up a Federation bar association and adjusted RS
laws in order to harmonize both entities' bar associations. The Law on
Legal Assistance and Official Cooperation in Criminal Matters was aimed
specifically at more effective discovery, prevention, and prosecution
of all types of criminal activities, as well as to facilitate and
strengthen legal assistance and official cooperation in the fight
against crime, terrorism, corruption, and other illegal activities.
However, this new law was not fully implemented; regulating legislation
was not enacted, and by year's end, there had been little or no
cooperation between the separate structures of courts and prosecution
agencies in the Federation and the RS. Cooperation between police and
courts in the different entities remained weak. Although there were
isolated instances in which the 1998 Memorandum on Inter-Entity Legal
Cooperation was used successfully, little sustainable progress was made
in creating viable and effective structures for such cooperation. For
example, there was still no mechanism between the Ministries of
Interior to enable arrest warrants to be executed throughout the
country.
Enforcement of civil judgements remained weak due to the lack of
cooperation between courts and police generally; the low priority given
to enforcement cases by the courts; and the many legal loopholes that
allowed debtors to delay or avoid enforcement.
Since 2000 laws in each entity have mandated commissions (in the
Federation) and councils (in the RS) responsible for recommending
candidates for judicial and prosecutorial appointment. These laws also
called for a one-off 18-month ``comprehensive review'' of the
suitability of all sitting judges and prosecutors. The Independent
Judicial Commission (IJC) was expected to monitor both the appointment
and review process in 22 commissions. International community
assistance enabled the introduction of uniform and improved appointment
practices through a Memorandum of Understanding applicable in both
entities, although the procedure was still complex and the final power
of appointment remained with the legislative bodies. However, by the
end of 2001 it was clear that the Comprehensive Review Process had not
produced tangible results. Very few judges or prosecutors had been
removed from office or disciplined as a result of the process, despite
the large number of complaints against them.
The IJC recommended a more aggressive approach to the appointment
of judges and prosecutors, bringing forward some changes on which it
had anticipated working at a later time. This new approach, known as
the reinvigorated judicial reform strategy, was adopted by the Peace
Implementation Council in February. With limited exceptions, after
restructuring, all judicial and prosecutorial posts would be filled in
an open competition.
The peer-review based Comprehensive Review Process was ineffective
in removing unsuitable judges and prosecutors. The IJC therefore
proposed a reselection process for all judges and prosecutors, coupled
with a restructuring of courts and prosecutor's offices, as part of a
reinvigorated judicial reform strategy. In August the OHR appointed the
first members of three newly created BiH-level High Judicial and
Prosecutorial Councils (HJPCs). The HJPCs were intended to strengthen
the integrity and professionalism of judges and prosecutors. By year's
end, the HJPCs had reviewed 300 applications for 90 vacant judicial and
prosecutorial positions, and in December they issued the vacancy
announcements for the approximately 900 remaining positions at the
country and entity levels. Other aspects included reform of key
procedural laws, creation of Judicial Training Institutes, and reform
of court administration. Judicial reform was necessary because although
both the Federation and RS Constitutions provide for open and public
trials and give the accused the right to legal counsel, an inefficient
criminal procedure code has resulted in long delays in trials and few
final verdicts. Appellate courts frequently sent cases back to first
instance courts to correct minor errors in order to avoid making final
decisions on cases. First instance courts were overburdened with the
responsibility for gathering evidence during the preliminary
examination stage, a task given to the investigative judge rather than
the prosecutor, resulting in a prolonged judicial process.
On June 20, the BiH House of Representatives passed a law creating
the State Information Protection Agency (SIPA). When UNMIBH and the
international community initially began to advocate this law, SIPA was
intended to act as an embryonic Bosnian ``FBI.'' However, after a
difficult negotiation process, SIPA's originally intended mandate
became limited. SIPA served as a conduit for information and evidence
among local, as well as some international, law enforcement
authorities, and, in limited circumstances, SIPA acted as a protection
authority for diplomats and officials. Since the law was passed, little
progress has been made in establishing this agency. By year's end, SIPA
still lacked a budget, staff, and permanent building facilities.
The Dayton Peace Accords also created the Human Rights Commission
for Bosnia and Herzegovina, which consists of the Human Rights Chamber
and the Human Rights Ombudsman (see Section 4). The Chamber may
consider alleged violations of the European Convention on Human Rights
if the matter is within the responsibility of one of the parties to the
Dayton Agreement and occurred after its signing. Decisions of the
Chamber are final and may not be appealed to the Constitutional Court.
Implementation of Human Rights Chamber decisions by local
authorities improved somewhat in the RS. The RS achieved full
compliance with some decisions by reinstating claimants in their houses
and apartments and paying them compensation. The RS fully complied with
one high profile case, the Matanovic case, by completing its
investigation of the case (see Section 1.a.), and also complied
partially with religious discrimination cases by taking actions such as
issuing approval for the reconstruction of mosques in Bijeljina. The
Federation continued to implement most Chamber decisions, taking the
remedial action ordered and paying compensation awards. Both the
Federation and the RS failed to comply with a small number of Chamber
decisions.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the right to ``private
and family life, home and correspondence,'' and the right to protection
of property; however, authorities in all areas infringed on citizens'
privacy rights.
In the RS, police routinely conducted searches of private homes
without obtaining search warrants, citing emergency provisions in the
law even in routine cases. While this problem was not as common in the
Federation, it occasionally occurred.
Since the war, large numbers of citizens have been unable to
reclaim property, either privately or collectively owned, to which they
had occupancy rights under the Communist system. Enactment of property
legislation proceeded extremely slowly in both entities; however,
pressure from the international community had a positive impact on
property law implementation. In the Federation, by year's end, 92
percent of property claims had been adjudicated and 74 percent of
property returned. At the same time in the RS, 76 percent of property
claims had been decided and 62 percent of property returned. The
increases in the RS were well ahead of initial expectations. For the
country as a whole, at year's end, 85 percent of property claims had
been adjudicated and 69 percent of property returned. Despite these
notable increases, the political leadership in both entities continued
to obstruct minority returns by delaying needed reforms and not
implementing evictions and other property related decisions,
particularly in the Croat areas of Herzegovina and in the eastern RS.
In Sarajevo delays persisted due to the large backlog of cases, and
evictions failed to keep pace with decisions to return property to the
prewar owners.
During the year, the Human Rights Chamber and Human Rights
Ombudsmen issued numerous decisions in cases where local authorities
failed to return apartments or homes to legal owners seeking to return
to their prewar homes (see Sections 1.e. and 4). Most applicants were
in possession of certificates issued by the Commission for Real
Property Claims (CRPC), which are final and binding, determining that
they held legal occupancy rights; however, local authorities failed to
evict illegal occupants as required by law. In September the
international community introduced the ``New Strategic Direction,'' a
property law plan that requires local authorities to evict illegal
occupants in chronological order in order to provide greater
transparency in the process and accelerate property law implementation.
The Federation and the RS both adopted the New Strategic Direction
plan, and the BiH-level Ministry of Human Rights and Refugees fully
endorsed the plan.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides a
general statement supporting freedom of speech and of the press,
although actual laws regarding freedom of the press are delegated to
the cantons in the Federation, and to the central authorities in the
RS; however, the Government did not always respect these rights in
practice.
The primary restraints on freedom of the press were inappropriate
pressure on the principal media by governing political parties,
intimidation and libelous attacks on journalists, and politicized use
of tax and financial inspections. While there were some improvements in
the development of a free and independent press, many media outlets
maintained subjective political biases. Threats to journalists remained
high, although the severity of harassment incidents declined.
Government officials in both entities continued to pressure media
outlets to change editorial policies through excessive tax audits and
other bureaucratic harassment. The Media Helpline was transferred from
OSCE to OHR auspices during the year and continued to monitor and
report abuses against journalists and freedom of speech.
In late 2001, the OHR imposed a new Broadcasting Law superseding
previous media laws and amendments. The BiH and Federation Parliaments
adopted the law, but the RS had yet to do so at year's end. If adopted
the law would install a new Board of Governors for the Radio Television
Republika Srpska (RTRS) in the RS.
In June 2001, the Council of Ministers adopted the Stability Pact
Charter for Media Freedom which pledges the Council of Ministers to
protect and promote freedom of expression; remove obstacles to freedom
of media; respect the principles of a free and independent press; and
provide free access to information. These laws and policies were
intended to develop a solid legal basis for free and open media in the
future. However, by year's end, the effects of these laws were not yet
evident, and journalists still found it difficult to work independently
and professionally.
In May a Federation Parliamentarian vigorously attacked Federation
TV and its journalist Bakir Hadziomerovic from the floor of Parliament
for a controversial investigative story aired on that station. A local
association of journalists defended the journalist and the station,
claiming that the representative had misused his office to intimidate
the media. Also in May, Radmilo Sipvac and Dragan Risojevic from
Nezavisne Novine in Banja Luka received a letter from RS customs
director Goran Popovic rudely demanding that they provide proof within
3 hours for a story about Customs Agency-organized smuggling
activities. (Popovic later resigned in connection with another RS
customs fraud incident.)
Some opposition and independent newspapers operated in the Bosniak-
majority areas of the Federation and in the RS, principally in Banja
Luka. Dnevni Avaz, owner of the only independent printing house in
Sarajevo (the other printing facility in the Federation is the
Government-controlled Oko), was the highest circulation daily in the
country. During and since the fall election campaign, Avaz realigned
itself more closely with the nationalist SDA party. Dani and Slobodna
Bosna were the most influential independent magazines in the
Federation. In the RS, the Government-owned printing company, Glas
Srpski, had a virtual monopoly. One of the few independent magazines in
the RS was Reporter, a weekly published by a former correspondent of
the Belgrade-based independent magazine Vreme. Nezavisne Novine was an
independent newspaper distributed throughout the country; however, its
circulation was limited.
Government officials, especially in the RS, exerted economic
pressure by directing the advertising business of government-owned
companies away from independent media outlets critical of the
Government. Some independent media in the two entities, for example,
Dani and Reporter, assisted in the distribution of each other's
publications in their respective entities.
The largest television broadcasters were Radio Television Bosnia
and Herzegovina (RTV BiH) in the Federation and RTRS in the RS. The
international community launched the Open Broadcast Network (OBN) in
1997 as a cross-entity broadcaster and a source of objective news and
public affairs programming; however, because of massive financial
problems, it lost most of its affiliates and staff. Reduced to only a
Sarajevo broadcaster, in September OBN announced the formation of an
independent network with NTV, a station in Banja Luka. There were
dozens of small independent television stations located throughout the
country. Some of these broadcasters originally were municipal stations;
they had not yet been privatized fully by year's end, although their
legal ownership status was further clarified by the Communications
Regulatory Agency (CRA).
Radio broadcasting in the Bosniak-majority areas of the
Federation--particularly in Sarajevo, Zenica, and Tuzla--was diverse.
Opposition viewpoints were reflected in the news programs of
independent broadcasters. Independent or opposition radio stations
broadcast in the RS, particularly in Banja Luka. Nez Radio and Radio
Pegas reported a wide variety of political opinions. Local radio
stations broadcast in Croat-majority areas, but they usually were
highly nationalistic. Local Croat authorities did not tolerate
opposition viewpoints. One exception was Studio 88, in Mostar, which
broadcast reports from both sides of that ethnically divided city and
Radio N in Livno, which broadcast balanced reports despite strong
pressure from nationalists.
The BiH government and both entity governments adopted the Freedom
of Access to Information (FOI) Act, establishing a general right of
public access to government information, and both entities began
implementing the Act. The Government had not yet adopted FOI guidance
legislation by year's end, but claimed to be implementing the FOI law.
The RS adopted a law on Defamation and Slander. The Federation
draft law on defamation and libel, criticized for excessive fines, was
withdrawn, and no draft had been adopted by year's end. Although the
High Representative abolished criminal penalties for libel, in the
absence of a law, Federation journalists still ran the risk of
conviction for a criminal offense of libel. The Federation Ombudsman
stressed the inequity of this situation for Federation citizens and the
detrimental effect on media freedom in the Federation. Despite the
establishment of criminal penalties for libel, print dailies and
weeklies routinely published unsubstantiated rumors and personal
attacks on political figures as directed by their political party
affiliations, prior to and continuing after the election campaign.
The CRA, formerly the Independent Media Commission, was a domestic
agency established by the High Representative to regulate broadcasting
in the country, including enforcement of the established code of
practice. Generally, the presence of the CRA, and the effective
functioning of its complaints procedure and enforcement provisions,
considerably reduced the level of inflammatory and hate language in the
electronic media. This was particularly evident in the electronic
media's coverage of the election campaigns.
In May the High Representative imposed legislation establishing the
Public Broadcasting System (PBS), with both entity-level broadcasters
as components. This was an important step forward in creating the legal
framework for public and private broadcasters and codifying the
regulatory responsibilities of the CRA, now independent of the Office
of the High Representative and properly functioning as a BiH-level
regulatory agency. However, the process of drafting the legislation,
and specific clauses which could potentially deny private broadcasters
genuine free-market competition, access to programs, and especially
advertising revenue, raised concerns among broadcasters, NGOs involved
in media, and members of the international community.
There was increasing consensus within OHR that the CRA should have
the proper regulatory authority to address advertising caps on PBS on a
regular basis. There was also recognition that recourse to advertising
revenue puts pressure on public stations to behave according to market
forces, which may be at odds with public service obligations, such as
the broadcast of educational programs. Subscription fees were
considered as an alternative revenue source. A focus on building
subscription fees as the primary revenue source for PBS and entity
broadcasters would require a technical change in the PBS Law,
strengthening the CRA's statutory right to regulate advertising cap
rates as appropriate. This change had not yet been made at year's end.
The CRA does have authority over satellite fee and frequency allocation
issues.
Through early summer there were serious concerns that private
broadcasters would lose access to high sites transmission facilities,
to which public broadcasters have first priority but not exclusive
rights. There were sufficient channels available, and the CRA resolved
this issue to the satisfaction of private broadcasters. Commercial
stations may broadcast from high sites upon prior request if the
spectrum is available and coordinated. As a result, this issue ceased
to be a point of contention.
Overall, completion of the long-term licensing process by the CRA
for television and radio broadcasters, and formal establishment of the
PBS, brought considerable order to the broadcasting media field. The
process was not completed because certain provisions of the PBS law
needed review to enable the fair and appropriate co-existence of public
service and private broadcasters, as well as to support the CRA in its
purpose as a strong and independent regulatory body. However, the
initiative made significant progress. Electronic media operated in a
more transparent and more properly regulated broadcast environment than
it had previously, reducing the ability to restrict freedom of the
press.
In a survey of the period from August 5 to September 5, shortly
before the Bosnian elections, Internews BiH, a Bosnian NGO providing
media training, recorded pressure from political parties on 66 radio
and television stations throughout the country. Twenty-two percent of
the total outlets reported pressure one or more times during this
period, consisting of threatening calls or messages and other
nonviolent threats. Fifty-four percent of the television stations and
19 percent of the radio stations surveyed reported threats. None
reported any governmental pressure using tax or financial control
measures. Three weeks before elections, Republika Srpska authorities
announced financial control inspection for the weeklies Reporter and
Patriot and the daily Nezavisne, although the previous inspection had
occurred only 3 months earlier. All three media outlets interpreted
this Tax Administration gesture as direct pressure against media
because they had reported critically on the former RS Finance Minister.
(The established period for tax inspections is 6 months.)
In April Vildana Selimbegovic, editor in chief of the weekly Dani,
was threatened for a story on Abu Nidal's terrorist organization and
its connections to the country. In her article, Selimbegovic linked a
Bosnian lay member of the religious establishment in Sarajevo with
Nidal. This individual threatened Selimbegovic, demanding money for
having his name published in the article. In a phone conversation, he
warned that if anyone were named a terrorist, Selimbegovic ``would not
write anything ever again.'' Dani published these threats in a
subsequent article, and a court case was opened against thisperson.
During the summer, journalists for the daily Dnevni Avaz, Dani
weekly magazine, and Federation TV were verbally attacked in Zenica
while covering a story on a person detained in Mostar for possession of
firearms. A group of individuals on motorcycles demanded and
confiscated the TV crew's videos and intimidated the print journalists
into leaving the story site.
Responding to an August article in Slobodna Bosna which identified
him as the ``lawyer of the Bosniak Mafia,'' a religious leader publicly
labeled the newspaper's editor ``a psychiatric case who should not be
taken seriously.'' Later, in his religious capacity, he included a
blanket condemnation of written and electronic media in his public
prayer.
On September 15, an individual forced his way into the editorial
offices of Dnevni List in Mostar, behaving violently and demanding to
know who took the photographs in last year's edition of this daily
covering the Herzegovacka Banka takeover. Those present reported the
assault to the police who arrived, took a statement from the man, and
released him, although they said that criminal charges would be raised
against him.
Several cases from 2001 involving attacks on journalists remained
unresolved by year's end. These included: The June 2001 armed
confiscation of a camera and tape from a Belgian TV crew in Pale; the
August 2001 attack on Oslobodenje journalist Elvir Beslic; and the
November 2001 bombing of the house of journalist Zoran Sovilij.
However, the attacker of Kenan Cerimagic of TV Hayat was tried during
the year and given a nominal sentence of a few months.
Access to the Internet was unrestricted; however, for economic
reasons, only approximately 4 percent of the population had access.
The Government did not restrict academic freedom. However, academic
freedom was at times constrained by ethnic favoritism and
politicization of faculty appointments. In Sarajevo Serbs and Croats
complained that members of the Bosniak SDA party and Bosniaks generally
received special treatment in appointments and promotions at the
University of Sarajevo. The University of Banja Luka continued to limit
faculty appointments almost exclusively to Serbs. The University of
Mostar remained divided into eastern and western branches, reflecting
the continued ethnic divide in the city. East Mostar University
maintained a degree of ethnic diversity in its student body and staff
but suffered from a serious lack of resources and staff. University of
Mostar in West Mostar remained politically dominated by Croat
nationalists.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of peaceful assembly; however, authorities imposed
some limits on this right in practice.
In July large numbers of Bosniaks visited cemeteries in Visegrad
and no violence was reported. A large-scale gathering in Bratunac in
May and another in Srebrenica, where 5,000 Bosniaks gathered in July to
commemorate the 1995 Srebrenica massacre, also occurred without
incident.
In early March, approximately 5,000 war veterans protested in
Sarajevo, calling for the Government to pass legislation to allow more
benefits for war veterans and the families of soldiers killed in the
war. The SDA was one of the main organizations encouraging the protest.
On December 19, hundreds of Bosnian Croats protested the decision of
the Federation government to halt the payment of benefits to Croat war
veterans and the families of soldiers killed during the war. The
protesters blocked four major border crossings with Croatia in the
north and the south and two major road junctions in central and
southern Bosnia. There were no reports of violence committed by either
the protesters or the authorities in either protest.
The Constitution provides for freedom of association, and a wide
range of social, cultural, and political organizations functioned
without interference; however, authorities imposed some limits on this
right and indirect pressure constrained the activities of some groups.
Although political party membership was not forced, many viewed
membership in the leading party of any given area as the surest way for
residents to obtain, regain, or keep housing and jobs in the
Government-owned sector of the economy (see Section 6.a.).
c. Freedom of Religion.--The BiH Constitution and both entity
Constitutions provide for freedom of religion, and individuals
generally enjoyed this right in areas that were ethnically mixed or
where they were adherents of the majority religion; however, the
ability of individuals to worship in areas where theirs was a minority
religion was restricted, sometimes violently.
Despite the constitutional provisions for religious freedom, a
degree of discrimination against minorities occurred in virtually all
parts of the country. Discrimination was significantly worse in the RS,
particularly in the eastern RS, and in Croat-dominated areas of the
Federation. However, incidents of discrimination occurred in Bosniak-
majority areas as well.
While the majority of the population in the Federation consisted of
Bosniaks and Croats, neither Islam nor Roman Catholicism enjoyed
special status under the Federation Constitution. In 2000 the Bosnian
Constitutional Court struck down a provision in the RS Constitution
directing the entity government to ``materially support the Serbian
Orthodox Church and cooperate with it in all fields.'' During the year,
the RS gave only nominal financial assistance to representatives of the
Serbian Orthodox, Roman Catholic, and Islamic faiths.
Parties dominated by a single ethnic group remained powerful in the
country. Most political parties continued to identify themselves
closely with the religion associated with their predominant ethnic
group; however, some political parties were multiethnic. Some clerics
characterized hard-line nationalist political sympathies as part of
``true'' religious practice.
The Constitution provides for proportional representation for each
of the three major ethnic groups in the BiH government and the
military. Because of the close identification of ethnicity with
religious background, this principle of ethnic parity in effect has
resulted in the reservation of certain positions in the BiH government
and the military for adherents or sympathizers of certain faiths. The
military in the RS was staffed overwhelmingly by ethnic Serbs and only
had Serbian Orthodox Chaplains. The Federation military was composed of
both separate Bosniak (Muslim) and Croat (Roman Catholic) units, and
integrated units; Muslim and Catholic chaplains were represented.
Foreign religious workers normally entered initially as visitors,
since a tourist visa allows for stays as long as 3 months. Some
apparently entered and reentered the country every 3 months,
essentially extending their tourist status indefinitely. Missionaries
officially were required to obtain a temporary residence permit from a
Cantonal Ministry of Interior before their 3-month tourist visa
expired. There were no reports of cases in which missionaries'
applications were refused.
Public schools offered religious education classes, which were
mandatory for Serbs in Republika Srpska and, in theory, optional in
other parts of the country. However, in practice they were offered only
for students of the majority religion in that area, amid pressure on
parents to sign their consent that their children needed to attend the
religious instruction. Schools generally did not hire teachers to offer
religious education classes to students of minority religions. In some
cases, children who chose not to attend the religion classes offered
were subject to pressure and discrimination from peers and teachers.
Schools in Sarajevo offered only Islamic religion classes. In Croat-
majority West Mostar, minority students theoretically had the right to
study non-Catholic religions; however, this option did not exist in
practice. Orthodox symbols were present in public schools throughout
the RS.
In some communities, local religious figures contributed to
intolerance and an increase in nationalist feeling through public
statements and, on occasion, in sermons.
On September 18, unknown perpetrators destroyed a mosque in Gacko
with an explosive device.
The RS government, local governments, and police forces frequently
allowed or encouraged an atmosphere in which abuses of religious
freedom could take place, although there was slight improvement from
previous years. The absence of a police force willing to protect
religious minorities and a judicial system willing to prosecute crimes
against them were major obstacles to safeguarding the rights of
religious minorities (see Section 1.e.).
In June an explosive device was thrown into the courtyard of a
house belonging to a recent Bosniak returnee in Bijeljina. Police
arrested a suspect, and an investigation into the incident was ongoing
at year's end. On December 7 in Doboj, hand grenades were thrown at a
mosque and a returnee home. On December 24, Muamer Topalovic allegedly
attacked a Bosnian Croat family in Kanjic for religious and ideological
reasons. The attack followed the December 20 burning of the Mostar
municipal creche, the December 19 bombing of the house of a Bosniak
returnee near Bijeljina, the December 23 desecration of two Muslim
tombstones in a graveyard in Prijedor, and the December bombings of two
houses belonging to Bosniaks and a mosque in Doboj. Suspects were
arrested in the creche burning incident. According to the U.N. High
Commissioner for Refugees (UNHCR), a total of 17 violent incidents were
directed at religious sites, including several in Mostar and Prijedor.
Because they were powerful symbols of religious identification and,
therefore, ethnicity, clerics and religious buildings were favored
targets of ethnoreligious violence. Most religious leaders severely
criticized violence and nationalism, but their message was undermined
by other clerics who continued to support nationalist causes and
separatism. RS authorities frequently did not intervene to prevent the
violent obstruction of efforts to rebuild some of the 618 mosques and
129 churches in the RS that were destroyed or significantly damaged
during the 1992-95 war. Local police also did not conduct a serious
investigation into several incidents. On October 21, fourteen persons
were sentenced to 2 to 13 months' imprisonment for their role in the
most serious incident, involving riots at a May 2001 dedication
ceremony for the Ferhadija Central Mosque in Banja Luka (see Section
1.a.). Administrative and financial obstacles to rebuilding religious
structures impeded the ability of minorities to worship and impeded
their return in many areas.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides these rights,
and freedom of movement, including across the Inter-Entity Boundary
Line, continued to improve; however, some limits remained in practice.
Accurate statistics on displaced persons and refugee returns
remained difficult to obtain, and statistics accounting for the age of
returnees were not available. Various refugee organizations provided
different estimates on the numbers of minority internally displaced
persons (IDP) returns. UNHCR stated that there were 10,000 more
minority IDP returns during the year than there had been in 2001.
Pressure from evictions, combined with an increased sense of
security in most areas of the country and awareness that international
assistance was limited, prompted the increase in returns. Thousands of
returnees lived in sheds or improvised shelters in their former
villages and towns, hoping for assistance in rebuilding their homes.
According to UNHCR, between the end of the war in 1995 and the end of
the year, 424,403 persons who left the country had returned. UNHCR
reported that there were 102,111 registered minority returns
countrywide, a substantial increase over the number of minority returns
in 2001. By ethnic group, the returns were as follows: 40,716 Serbs;
49,378 Bosniaks; 10,898 Croats; and 1,119 others. Although the return
figures were much less exact for those returning from other places
within the country, UNHCR reported that 485,900 IDPs returned to their
prewar homes between the end of the war and August.
There were some improvements during the year that facilitated
returns. In January the High Representative promulgated the ``Vital
Interest'' Decision, which provided a clearer accounting of Refugee
Ministry budgets used to support return. In the RS, the Refugee
Ministry followed the initiative begun in 2001 and supported the return
of Bosniaks and Croats by providing reconstruction assistance to both
of these groups. As of September, a total of 460 Bosniak and Croat
families received such assistance. As of October, the RS Refugee
Ministry had spent $3.2 million (KM 6.4 million) on the initiative. The
RS Refugee Ministry also agreed to provide reconstruction assistance to
approximately 20 minority police officers returning to the RS, and
deliveries were made to 18 of these officers as of the end of October.
The increased number of ethnically integrated police forces helped
improve the climate for returns, although security remained inadequate
in some areas (see Section 5).
Serbs continued to return in greater numbers to the Federation. In
October the Federation Refugee Minister, after some delay, paid funds
promised for joint reconstruction and return projects. The town of
Drvar, a previously Serb town which was ``ethnically cleansed'' during
the war by Croats, was by year's end again majority Serb, with a rate
of compliance with property laws of 90.27 percent. In early June, the
High Representative removed the hard-line Bosniak mayor of Donji Vakuf
for obstructing the return of refugees and IDPs. The mayor had publicly
opposed the return of Serbs. In December preparations were made for a
plan to hand over the responsibilities of OHR's Reconstruction and
Return Task Force to the BiH government. Because no government was
formed from the October elections by the end of the year, these plans
were delayed.
Many problems remained that prevented returns, including: Hard-
liners obstructing implementation of property legislation; political
pressure for individuals to remain displaced in order to increase the
ethnic homogeneity of the population in a specific area; societal
violence; and the lack of an ethnically neutral curriculum in public
schools. Lack of housing also contributed to the problem; the needs
continued to far outweigh available resources. Municipal administration
taxes on documents that are necessary for return, such as birth or land
certificates, remained high. In addition, minority returnees often
faced employment discrimination, lack of access to health care in the
place of return, and denial of utility services such as electricity,
gas, and telephones by publicly owned utility companies. All of these
problems decreased from the previous year, yet still persisted in hard-
line areas. In October members of the Federation Ministry for Refugees
and Social Welfare were subjects of allegations of corruption; the High
Representative determined that an audit of the Refugee Ministry's
budget needed to be undertaken. Auditors initially commented that fraud
and misuse of funds were likely involved. The audit was ongoing at
year's end. The Federation Ministry was unable or unwilling to keep
financial commitments in support of returns throughout the year, and
this caused many IDPs, particularly Bosniaks, to remain displaced or
continue living in deplorable conditions as a result of the Ministry's
failure to provide support.
The continued influence of ethnic separatists in positions of
authority hindered minority returns. Government leaders in both the RS
and the Federation often used a variety of tactics, including public
statements, to inhibit the return of IDPs. Municipalities in the RS
continued to allocate illegal land plots in areas such as Zvornik and
Bratunac, in eastern RS, altering prewar demographics and intimidating
potential returnees. Much of Croat-controlled Herzegovina and towns in
eastern RS remained resistant to minority returns, although efforts by
hard-line Croats to resettle returning refugees in a manner that
consolidated the results of ethnic cleansings ceased for the most part.
IDPs living in those areas, even those who privately indicated interest
in returning to their prewar homes, frequently had been pressured to
remain displaced, while those who wished to return had been
discouraged, often through the use of violence (see Section 1.c.).
These trends of intimidation for displaced persons to stay in their
place of displacement decreased, although they were still practiced in
the staunchest hard-line areas of the RS and Herzegovina.
During 1998 the Federation army unlawfully took control of 4,000
former Yugoslav military (JNA) apartments that had been abandoned.
Authorities encouraged postwar occupants of these apartments to begin
purchasing them. In the meantime, the prewar owners of the apartments
(former JNA officers) began filing claims to return to their property.
After inadequate action by local authorities, several of these cases
were brought before the Human Rights Chamber, which decided that
apartments owned by JNA officers should be returned. The return of
apartments was scheduled to begin during the year. However, these
apartments were not returned because the Federation did not take the
necessary legislative action, and this problem remained unresolved at
year's end.
The continued depressed state of the economy throughout the country
and the consequent lack of employment opportunities for returnees
remained a serious obstacle to a significant number of returns.
Attempts by returnees to receive compensation for jobs illegally lost
during the conflict years were largely unsuccessful. As a result, most
minority returnees were elderly, which placed a burden on receiving
municipalities. Younger minority group members, who depended on
adequate wages to support their families, generally remained displaced,
especially in cases in which they had managed to find work in their new
place of residence. Some reports described younger returnees going back
to their prewar homes, but no adequate statistics existed to determine
the age of returnees.
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 generally cooperated
with UNHCR and other humanitarian organizations in assisting refugees.
During April, May, and June the Ministry for Human Rights and Refugees
carried out a reregistration process of all refugees from the Federal
Republic of Yugoslavia (FRY). After the completion of reregistration
the number of refugees from the FRY was 6,056. Of this number, 1,453
refugees were in collective accommodation, of which 960 refugees were
from Kosovo (673 of these were Roma), 315 from Serbia, 75 from
Montenegro, 57 from Macedonia, and a handful from Yemen and Russia.
From Sandzak, there were 179 refugees. The Government provides first
asylum.
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; however, the use of coercive tactics by some
nationalist parties precluded full citizen participation without
intimidation. On October 5, the country held general elections, which
were the first since the Dayton Peace Agreement to be administered and
conducted by Bosnia and Herzegovina authorities. The previous six
postwar elections were conducted by the OSCE. The Government assumed
responsibility for the conduct of elections in August 2001 following
the BiH Parliament's adoption of the country's first permanent election
law. The Election Law contains provisions regulating almost all aspects
of national, entity, cantonal, municipal, and local elections,
including voter registration, certification of candidates, code of
conduct for parties, campaign finance, media, and observers. The
Election Commission passed a regulation on October 12 ensuring equal
representation for political parties among polling station staffs. The
October elections were the first in which all BiH and entity officers
were elected for 4-year terms. In all previous postwar elections,
Parliamentarians were elected to 2-year terms. In parliamentary races,
the SDA polled strongly among Bosniak voters. The multiethnic Social
Democratic Party (SDP), which was the leading party in the previous
government, experienced a substantial drop in support.
The Bosniak-nationalist Party for Democratic Action (SDA) and the
Croat-nationalist Party Croatian Democratic Union (HDZ) remained
powerful, particularly in Bosniak and Croat majority areas. The
nationalist Serb Democratic Party (SDS) remained ideologically
committed to Serb cultural and religious authority in the territory of
the RS, where it won a significant plurality in the October elections.
The October elections were judged to be largely in line with
international standards by the International Election Observer Mission,
which was led by the OSCE Office for Democratic Institutions and Human
Rights (ODIHR). The observer mission reported that the campaign
environment was largely free of violence with few reports of
intimidation. The local NGO network OKO, which deployed over 6,000
observers, assessed the elections as free and fair. Problems cited by
observers included numerous voters unable to find their names on voter
registers, group voting, and intimidation in a few cases. Voter apathy
and low turnout, worsened by bad weather, were problems.
There were fewer instances of election-related violence than during
previous election campaigns. In the early hours of September 19, an
explosion destroyed the minaret of a recently reconstructed mosque in
the eastern RS village of Kljuc (see Section 1.c.). RS Prime Minister
Mladen Ivanic condemned the attack, but police had not yet made arrests
at year's end. The bombing occurred during the election campaign, but
it was unclear whether it was intended to heighten ethnic tensions
prior to the election. Following a September 20 election rally of the
SDS in Prnjavor, 10 young participants scattered building material
while chanting nationalist slogans at a nearby building site of a
mosque. The perpetrators ran away when police arrived, but two were
apprehended and charged. Unknown assailants threw tear gas at
participants in an October 1 rally in Mostar for the ``Economic Block''
coalition, a rival of the HDZ party.
Six months before the elections, the Constitutions of the country's
two entities were amended to ensure equal status for the country's
three main ethnic groups in entity governmental structures. The changes
were mandated by the July 2000 ``constituent peoples decision'' of the
Constitutional Court, which established the principle that the
country's three main ethnic groups or ``constituent peoples,'' Serbs,
Bosniaks, and Croats, have equal rights in both entities. The most
significant changes to the RS Constitution created the RS Council of
Peoples; established two RS vice presidents who would be from different
ethnic groups as the RS president; specified a formula for ethnic
representation in RS ministerial positions; and required that the RS
civil service reflect the prewar ethnic composition of the RS. The
Federation Constitution was amended to add a Serb caucus to the
Federation House of Peoples; specify a formula for ethnic
representation in ministerial positions; and create a second vice
presidential position, among other changes.
Political leaders from both entities negotiated the amendments in
talks convened by the High Representative, finalizing the agreement on
March 27. The RS National Assembly passed most, but not all, of the
agreed amendments to the RS constitution. The Federation Parliament
failed to pass any of the amendments. On April 19, the High
Representative imposed the agreed amendments to the Federation
Constitution and those amendments to the RS constitution not adopted by
the RS National Assembly. In July Parliament amended the Election Law
to reflect these changes to the entity constitutions. In March the High
Representative issued a decision banning individuals removed from
office by the OHR from running in the October election and likewise
barring any party that maintained a removed individual in a central
party position from being certified by the Election Commission. All
three of the major nationalist parties were affected by this decision
and were required to expel party members in order to be certified for
the October elections.
A multiethnic local government administered the Brcko municipality
as a district under the direct oversight of the Brcko supervisor. In
the absence of new or adapted laws, the supervisor retained discretion
as to which laws, Federation or RS, were to apply in Brcko. Brcko
District has harmonized more than 60 new laws reforming the system of
local governance, property, taxation, citizen participation, economic
development, and judicial reform. Brcko's school system was the first
fully integrated one in the country, and the police force was the first
to achieve U.N. certification.
Election rules established by the OSCE for the 1998, 2000, and 2002
general elections required that at least 30 percent of political party
candidates be women. The Election Law also contains this provision.
These provisions increased the number of female representatives from 2
percent at the BiH and entity level and 5 percent on the municipal
level in 1996 to roughly 20 percent of all elected positions during the
year. However, in the BiH-level House of Representatives (lower house),
only 6 of 42 deputies were female. By mid-October, delegates had not
yet been appointed to the BiH-level House of Peoples (upper house),
whose representatives are appointed by the entity legislatures. In the
Federation legislature, 18 of 98 deputies in the House of
Representatives were female. In the RS National Assembly, 13 of 83
deputies were female, compared with 16 before the latest elections.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
International community representatives were given widespread, and
for the most part, unhindered access to detention facilities and
prisoners in the RS as well as in the Federation. The Law on
Associations and Foundations allows NGOs to register at the national
level and therefore to operate throughout the country without
administrative requirements. The passage of this law in 2001 was a
requirement for the country's admission into the Council of Europe. The
law follows the general principle of voluntary registration and allows
associations and foundations to engage directly in related economic
activities. NGOs have registered at the national level to receive
greater recognition from the international community, to show that they
were not nationalist oriented, and to receive money from the Government
once a new tax structure is put into place.
While monitors enjoyed relative freedom to investigate human rights
abuses, they rarely were successful in persuading the authorities in
all regions to respond to their recommendations. Monitors'
interventions often met with delays or categorical refusal. In contrast
to the previous year, there were no major incidents of violence against
international community representatives. Soon before the election, the
SDA called on all media outlets to boycott polls of the National
Democratic Institute because SDA felt that these polls were unfairly
biased towards the SDP.
SFOR arrested numerous war crimes suspects during the year. At
year's end, 24 arrest warrants remained outstanding, while 78 indictees
had been transferred to the ICTY. There have been 129 indictments since
the inception of the ICTY, 20 of which have been withdrawn, and 7 of
which ended when the indictees died. Although the RS National Assembly
passed a law on cooperation with the ICTY in September 2001, the RS has
made no effort to arrest indictees. In the eastern RS, Foca and Pale
remain under sanctions for their noncooperation with the ICTY. The two
most wanted Bosnian war crimes suspects, wartime commander of the RS
Army Ratko Mladic and wartime RS President Radovan Karadzic, remained
at large. In December Karadzic's wife resigned from her position as
head of the RS Red Cross under pressure from the International Red
Cross.
The ICTY approved the detention and investigation of five former RS
police officers for their involvement in the disappearance of Father
Matanovic in 2001 (see Section 1.a.), and their case was transferred to
the domestic judicial system. In addition, the Minister of Interior
suspended ten active RS police officers because the RS investigative
team (approved by the IPTF) had identified them as suspects. The
investigative team sent its report identifying these suspects, along
with 11 former RS police officers who were also suspects, to the ICTY
and was awaiting clearance from the ICTY for these cases to be
transferred to the domestic judicial system. The Human Rights Chamber
considered the RS to have fully complied with its 1997 order to conduct
a full investigation into the disappearance of Father Matanovic, but
the investigation had not resulted in any convictions by year's end. In
general the BiH judicial system remained unprepared to prosecute war
crimes cases domestically, although there was political will to do so.
Successful prosecution of these cases will require financial support
and training from the international community.
Many, if not most, of the perpetrators of killings and other brutal
acts committed in previous years remained unpunished, including war
criminals indicted by the ICTY, persons responsible for the up to 8,000
killed by the Bosnian Serb Army after the fall of Srebrenica, and those
responsible for up to 13,000 others still missing and presumed killed
as a result of ``ethnic cleansing'' in the country (see Section 1.b.).
In October the trial began in the ICTY against Slobodan Milosevic,
the former President of Serbia and Montenegro (Yugoslavia), who was
arrested in 2001 in the former Republic of Yugoslavia by Yugoslav
police. Milosevic had 66 charges against him for alleged crimes against
humanity in Croatia and Kosovo, and genocide in Bosnia and Herzegovina
during the 1990s. However, his poor health, reportedly due to high
blood pressure, halted proceedings a number of times during the second
half of the year. By year's end, the case remained pending. If
convicted of any single charge, Milosevic could be sentenced to up to
life imprisonment.
In November the ICTY sentenced Bosnian Serb Mitar Vasiljevic to 20
years in prison for the shooting of five Muslims in Visegrad during the
war. In December Biljana Plavsic, the former deputy to former Bosnian-
Serb leader Radovan Karadzic, pleaded guilty before the ICTY on one
count of persecution on racial, religious, and political grounds.
Plavsic was the highest-ranking Serb leader to have admitted to crimes
against humanity committed during the conflict in Bosnia and
Herzegovina. Reaction in the RS to the Plavsic plea was indicative of
the RS attitude towards the ICTY, which it regarded as an illegitimate,
political tribunal. By contrast, the Federation generally has
cooperated with the ICTY. At year's end, no sentence had been
announced, but judges said that Plavsic could remain provisionally
released.
The ICTY during the year issued six convictions and no acquittals.
This brought the number of convictions to 29 since the ICTY's
inception.
The Dayton Peace Accords also created the Human Rights Commission
for Bosnia and Herzegovina, which consists of the Human Rights Chamber
and the Human Rights Ombudsman (see Section 1.e.). The Ombudsman may
investigate allegations of human rights abuses either on his or her own
initiative or in response to any party, or may refer matters to the
Chamber. The caseload of the Human Rights Chamber and the Office of
Human Rights Ombudsperson remained high. Citizens continued to turn to
these institutions to redress human rights violations after national
institutions and domestic courts failed to provide an effective remedy.
The RS improved its compliance with Human Rights Chamber decisions
during the year, and the Federation continued to implement most
decisions issued by the Chamber (see Section 1.e.).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
In the Dayton Accords, the parties agreed to reject discrimination
on such grounds as sex, race, color, language, religion, political or
other opinion, national or social origin, or association with a
national minority, and these principles were codified broadly in the
BiH Constitution, and specifically in the entities' Constitutions;
nevertheless, there were many cases of discrimination.
Women.--Violence against women, including spousal abuse and rape,
remained a widespread and underreported problem. A report by the
International Helsinki Federation for Human Rights in 2001 estimated
that approximately 30 percent of women in the country were victims of
domestic violence. However, there was little data available regarding
the extent of the problem, and women's organizations such as Women for
Women were concerned that abuse was more widespread than reported.
Throughout the country, rape and violent abuse are considered criminal
offenses, and laws in both the Federation and the RS prohibit rape.
Spousal rape and spousal abuse also are illegal in the Federation and
the RS. However, domestic violence usually was not reported to the
authorities; a sense of shame reportedly prevented some victims of rape
from coming forward to complain to authorities.
Police received specialized training to handle cases of domestic
violence, and each police administration had its own domestic violence
focal point. Nonetheless, there were reports of police inaction in
cases of domestic violence and sexual assault. The S.O.S. Phone
Service, a 24-hour hot line open to victims of domestic violence for
assistance and counseling, began during the year. Centers for abused
women operated in the Districts of Brcko, Bihac, and Sarajevo.
Trafficking in women for purposes of sexual exploitation was a
serious problem (see Section 6.f.).
There are no laws prohibiting sexual harassment within any
governmental units. However, some private and governmental
organizations included rules against sexual harassment in their
contracts or employee manuals.
There was little legal discrimination against women, and women
served as judges, doctors, and professors; however, a male-dominated
society continued to prevail in both entities, particularly in rural
areas, and few women were in positions of real economic or political
power. Women have been discriminated against in the workplace in favor
of demobilized soldiers. A small but increasing number of gender-
related discrimination cases were documented. Anecdotal accounts
indicated that women and men generally received equal pay for equal
work at socially owned enterprises but not always at private
businesses. Women are legally entitled to 12 months' maternity leave
and may not be required to work more than 4 hours per day until a child
is 3 years old. A woman with underage children may not be required to
perform shift work. However, women in all parts of the country
encountered problems with regard to the nonpayment of maternity leave
allowances and the unwarranted dismissal of pregnant women and new
mothers.
Women were still underrepresented in law enforcement agencies,
although progress continued. According to guidelines for accreditation,
police forces should allocate 10 percent of their positions for
qualified female candidates. Most units had about 3 to 4 percent,
although some had as many as 6 to 7 percent. Several recent graduating
classes from Bosnian police academies contained up to 80 percent women.
Children.--The U.N. Convention on the Rights of the Child is
incorporated by reference in the Dayton Accords and has the effect of
law in both entities. Nevertheless, social services for children were
in extremely short supply. Children with disabilities lacked sufficient
medical care and educational opportunities.
Education was free and compulsory through the age of 15 in both the
Federation and the RS. However, a lack of reliable statistics as to
attendance and level of school completed hindered efforts to ensure
that all school age children received an education. The most serious
problem was the ethnic division of educational opportunities. Students
in minority areas frequently faced a hostile environment in schools
that did not provide an ethnically neutral setting. At times minority
children were barred from attending school. Local education officials
excused such abuses by claiming that minority children should have
their own schools and curricula. Obstruction by politicians and
government officials has slowed international efforts to remove
discriminatory material from textbooks and enact other needed reforms.
At the elementary and secondary school level, Canton governments in the
Federation and the central Ministry in the RS politically pressured
school directors. Several schools were directed by hard-line political
figures. The lack of financial resources also led to teacher strikes in
the RS and in individual cantons in the Federation.
Officials took steps during the year to integrate minority students
into some schools. On March 5, the Ministers of Education in the
Federation and RS signed the Interim Agreement on Accommodation of
Specific Needs and Rights of Returnee Children. A number of specific
benchmarks were later elaborated, as part of the November Education
Reform Strategy presented by the BiH government at the Peace
Implementation Council in Brussels. Senior officials in both entity
ministries have been engaged, through an Implementation Coordination
Board and in cooperation with international community oversight and
support, in removing barriers to education access for returnee
children.
Nonetheless, in many instances compromises fell far short of actual
integration (such flawed measures included maintaining separate
teaching lounges, separate student entrances and classrooms, and even
separate floors). In many cases, students and teachers of different
ethnic groups shared the same school building, but they attended class
on different floors or used the facility in shifts without ever
actually interacting with other students or teachers of a different
ethnic group. Segregation and discrimination were entrenched in many
schools, particularly in the teaching of national history and religious
education (see Section 2.c.). In the RS, non-Serb teaching staff at
elementary and secondary school levels comprised only 3 percent of all
teaching staff. In the Federation, minority teachers comprised between
5 and 8 percent of all teachers, depending on the Canton. Romani
children may attend schools in all areas of the country, although
attendance was low due to pressure from within their community. In a
small number of cases, local communities attempted to discourage Romani
children from attending their schools.
The full integration of elementary and high school classrooms in
the Brcko District continued to be successful. The Brcko District
government implemented full integration at the high school level for
the 2001-02 school year, using a harmonized school curriculum for all
teachers. So-called national subjects (language, history, and music)
were offered separately as afternoon ``elective'' classes, but
materials that could be hateful or offensive to others were eliminated.
Language questions were resolved by using both Latin and Cyrillic
script, and by requirements that teachers not penalize students for
lexicon or grammar usage identified more with one language variant than
another. In the area of civic education, the new course on ``Democracy
and Human Rights'' was fully implemented in high schools in all areas
of the country, using the first truly joint curriculum. The course was
developed by donors and international organizations working closely
with Bosnian educators and was officially accepted by the Canton and
entity-level Education Ministries and the Brcko District Department of
Education.
Medical care for children in the Federation was controlled solely
at the Canton level. Therefore, whether or not a child receives any
medical care from the Government depended on the budget of the Canton
in which they lived. If they lived in an affluent Canton, then they
received better medical coverage, and if they lived in a less affluent
Canton, the level of medical coverage provided was diminished. When
medical care was available to them, boys and girls received equal
coverage. Medical care for children in the RS was controlled at the
entity level (RS Ministry of Health). Children up to 15 years of age
were entitled to medical care free of charge under the law. However, in
practice, unless they had medical insurance paid for by their parents,
children often did not receive medical care free of charge. There was
no discrimination between boys and girls concerning medical care.
There was no societal pattern of abuse against children.
Nonetheless, children continued to suffer disproportionately from the
societal stress of the postwar era. According to statistics released in
October by the Ministry for Human Rights and Refugees, 118,785 of the
553,419 displaced persons from the country were children. Three hundred
of the 1,225 victims of mine incidents since 1996 have been children,
according to the ICRC.
Trafficking in girls for the purpose of sexual exploitation was a
problem (see Section 6.f.).
Persons with Disabilities.--The Federation government is required
by law to assist persons with disabilities to find employment and to
protect them against discrimination. In the RS, the law also prohibits
discrimination against persons with disabilities. However, there were
few jobs available, and thousands of newly disabled persons entered the
job market after the war; as a result, the vast majority of persons
with disabilities were unemployed.
Public institutions for persons with disabilities generally met
minimum standards, although most lacked suitable funding. In some cases
the facilities were less than minimal; for example, a Federation
transit center in Bosanska Petrovac housing 40 disabled returning
refugees from Hungary spent September and early October without
electricity or adequate means of support. The legal status of
institutions for persons with disabilities was not resolved following
the breakup of the former Yugoslavia. As a result, local and entity
governments have no legal obligation to finance such institutions, and
they operated only with BiH-level government and international
donations. A number of international NGOs assisted persons with
disabilities in the country.
There are no legal provisions mandating that buildings be made
accessible to persons with physical disabilities, and in practice
buildings rarely were accessible to persons with disabilities.
National/Racial/Ethnic Minorities.--``Ethnic differences'' were
used to justify the war and remained a powerful political force in the
country. Although some politicians still supported the concepts of a
``Greater Serbia'' and a ``Greater Croatia,'' mixed communities existed
peacefully in a growing number of areas, including Sarajevo and Tuzla.
However, nationalist Bosnian Serb and Croat politicians sought to
increase the ethnic homogeneity of the population in areas they
controlled by discouraging IDPs of their own ethnicity from returning
to their prewar homes if they would be in the minority there. Although
the new RS government officially supported the right to return, it
continued to obstruct returns on many levels. For example, the
allocation of illegal land plots to Bosnian Serbs went on unhindered,
particularly in Bosanski Brod and in Zvornik (and in the eastern RS in
general). Authorities also closed collective centers and used the war
veterans' budget to relocate people in the municipality of their
displacement.
In some cases, opponents of refugee returns used violence,
including sporadic house burnings, and orchestrated demonstrations in
an effort to intimidate returnees. For example, on January 7, unknown
assailants threw a hand grenade at the house of a Bosniak in Trebinje.
It was the second such incident in an 8-month period at this house,
although the second attack caused only minor damage. On February 11, in
two separate incidents, unknown assailants threw explosive devices into
the apartment of a Serb returnee and threw another at a nearby Serb
returnee house being reconstructed in Mostar. No casualties were
reported. On March 16, a bomb was thrown at a mosque in Bosanska Dubica
in which there was significant material damage but no casualties. In
March a Catholic cemetery was destroyed in Mostar. Three explosions
occurred in one night in the village of Koraj, near Bijelina in April;
all of the explosions occurred near a newly reconstructed mosque
scheduled to open only days later. In Bijeljina unknown perpetrators
caused severe destruction to the Islamic Community Center in an
explosion on May 16. On May 11, a group of Serb extremists destroyed
the house of a 76-year-old Bosniak returnee in Modrica. On June 4, a
bomb was thrown into the courtyard of a Bosniak returnee's home in
Milici. In early September, unknown perpetrators used an AK-47 to shoot
at Serb returnee houses in Klepci, Capljina. There was damage to the
house facades, and there were broken windows on five houses, although
no casualties were reported.
A short flurry of violent acts occurred prior to the October 5
national elections in Capljina, Prijedor, and Bijeljina. On September
9, basketball fans in Bijeljina broke out windows on ten buildings
after the victory of the Yugoslav basketball team. Allegedly supported
by local police, they drove through Bosniak returnee areas singing
nationalist songs, randomly shooting, and smashing windows of Bosniak
stores and houses. A similar incident occurred in Kozorac, Prijedor,
where groups of persons in a convoy of more than 40 cars verbally
threatened, shot at, and damaged approximately 5 businesses and
residential premises. The group injured an elderly Bosniak man and
removed and burned the religious flag at the Islamic Center. A few days
prior to the national elections, unknown persons planted an explosive
device in a newly reconstructed mosque in Kljuc, destroying the
mosque's minaret.
On December 24, Muamer Topalovic allegedly attacked a Bosnian Croat
family in Kostajnica for religious and ideological reasons. In the
attack Adjelko Andjelic and his two daughters were shot and killed.
Andjelic's son was also severely injured in the attack. Topalovic was
reportedly a member of the Wahhabi-influenced Islamic group, Active
Islamic Youth, and also had ties to a Saudi-financed Islamic NGO,
Dzemijetel Furkan (Al-Furkan). A number of political figures condemned
the act, including some high-level figures in the country's Islamic
community. The Kostajnica attack followed several other December
attacks on homes and religious establishments of varying ethnicities,
most of which remained unpunished (see Section 2.c.).
In addition, while incidents of violence decreased overall in the
country, follow-up investigations in a number of cases were
problematic, and police consistently failed to apprehend offenders.
Authorities began to deploy minority officers in areas with
minority returns; however, the lack of housing for returning police
officers hindered this process. The RS Ministry of Refugees committed
to provide reconstruction material to a total of 20 Bosniak minority
police during the year. Eighteen packages had already been delivered by
year's end. NGOs provided the majority of this assistance, but the RS
assistance was an improvement over last year. In Prijedor 42 of the 747
area police officers were Bosniak, and a number of senior positions
were set aside for Bosniaks.
All Federation Canton governments have agreed to an ethnically
mixed police force in principle; however, many Cantonal governments
continued to resist integration in practice. The Neretva (Mostar)
Canton was an exception; the Interior Ministry in this Canton made
significant progress in unifying the police force, including co-
locating offices, shedding Croat nationalist insignia, and unifying
portions of the budget under its direct control. In other cantons of
Herzegovina, there has been far less progress in depoliticizing the
police forces. Although Western Herzegovina (Livno) Canton hired
significant numbers of police from among Serb returnees in several
municipalities, Croat nationalists still dominated the command
structure and budget process. A Serb appointed in late 2001 as police
chief in the town of Drvar resigned in September. Both the Livno and
Siroki Brijeg Cantons failed to remove Croat nationalist insignia from
police uniforms, and they continued to fly Croat nationalist flags on
police and Interior Ministry buildings. On the other hand, due to IPTF
pressure, Livno's Interior Ministry began flying the Federation flag,
alongside the Croat nationalist flag, in September. (Drvar had already
begun flying the Federation flag.) Drvar was also the site of an
incident involving the destruction of a Catholic cross, allegedly by
local Serbs, but police reinforcements from Livno defused the situation
without any violence.
Police in the RS generally did not meet target standards of ethnic
representation, as mandated by various agreements. An interentity
agreement negotiated under U.N. auspices allows the voluntary
redeployment of officers across entity lines to redress ethnic
imbalances. There were over 1,600 minority police throughout the
country by year's end. This represented approximately 10 percent of the
total police force. In general, while new officers were accepted into
the police academies under strictly observed ethnic quotas, it will
take years of concentrated effort to establish effective, professional
multiethnic police forces throughout the country.
Despite improvements in some areas, harassment and discrimination
against minorities continued throughout the country, often centering on
property disputes. These problems included desecration of graves,
arson, damage to houses of worship, throwing explosive devices into
residential areas, harassment, dismissal from work, threats, and
assaults (see Sections 1.c. and 5.).
Refugees returning to visit homes in the RS were harassed and
subjected to violence. This occurred in Herzegovina as well, but
improvements were noticeable.
Incidents of violence against all ethnic groups decreased due to
improved security and freedom of movement, but other forms of
discrimination did not. In particular, discrimination in employment and
education remained key obstacles to sustainable returns. Widespread
firing of ethnic minorities during and after the war has not been
reversed in most cases, and members of the ethnic majority in a region
often were hired over minorities in places where they had been
employees. Favoritism was also shown to veterans and families of those
killed during the war. However, in general the dual budget structure
for public employees was eliminated; employees were paid out of the
same budget at the same time during the year.
A Joint Council of Europe/OSCE-ODIHR report issued in June
identified a number of problems regarding the social situation,
discrimination, and human rights violations faced by the country's
40,000 to 60,000 Roma, such as limited access to health care and
education, poverty, and weak legal status. Large segments of the Roma
population were unable to substantiate their citizenship claims. Only a
tiny number of Roma children and youth were enrolled at educational
institutions; only a small number of Roma adults were in full time
employment; and in spite of dire need, Roma were often denied social
support. Nearly all Roma in the RS were expelled from their property
during the war; very few have been able to reclaim it. These displaced
Roma, as well as Roma in the Federation who have lost their property
because of the ravages of war, lived in makeshift dwellings on
abandoned property. Conditions for some were extremely poor, and many
relied on begging to subsist. The situation was further complicated by
the lack of relevant data on Roma. The Roma continued to be
marginalized during the year, and neither the Federation, the RS, nor
the BiH Ministry of Human Rights and Refugees took steps to assist the
Roma population.
While Roma faced problems that many others in the country faced,
they had far fewer social and charitable organizations interested in
helping them, and faced widespread discrimination. However, some
international NGOs began reconstruction programs for Roma. A lack of
formal title to land in some instances greatly delayed these projects.
There had been no reconstruction assistance by either the Federation or
the RS for Roma by year's end.
Section 6. Worker Rights
a. The Right of Association.--The Constitutions of the Federation
and the RS provide for the right of workers to form and join unions, as
do labor laws in both entities. There are no legal restrictions on who
may join unions, and the right of minority workers to join unions is
protected in both entities. However, in practice union membership in
the RS was overwhelmingly Bosnian Serb and in the Federation
overwhelmingly Bosniak. Bosnian Croats had informal labor organizations
in areas where they were the dominant ethnic group, but generally they
were represented by the Federation union. A joint-entity multiethnic
union was established in the district of Brcko in 2000. Union
membership was mandatory for officially employed workers in the RS; in
the Federation, approximately 70 percent of the official workforce was
unionized.
Unions are legally independent of the Government and political
parties; however, they were highly politicized. There are no legal
restrictions on forming new unions; however, in practice one union
confederation in each entity represented all workers. The Federation-
level confederation of trade unions has been successful in keeping the
support of the sector unions. In the RS, the sector-based branches of
the union confederation became increasingly independent, and one branch
successfully broke off from the umbrella organization. The BiH-level
Law on Associations was passed during the year, and as a result there
are no legal obstacles for the creation of unions at the BiH level. The
country has three labor laws in each of the two entities and in the
Brcko district; the Federation union confederation has submitted a
draft state-level labor law to the BiH Parliament, but it had not yet
been considered by year's end.
In 1999 the Government was found to be in violation of ILO
Convention 111 (on employment discrimination) and 158 (on termination
of employment) because of its failure to act in the case of workers at
the Soko company and at Aluminij Mostar who were dismissed during the
war because of their non-Croat ethnicity. In 2000 the Federation
government negotiated with Soko to employ former workers of other
ethnicities, but since then the company has hired no additional
workers. Aluminij Mostar protested the ILO ruling, arguing that it did
not have the opportunity to respond to the union complaint. After
negotiations between the Federation government and the management of
Aluminij Mostar failed, the World Bank offered to arbitrate the dispute
and privatize the factory. While Aluminij agreed in principle to the
arbitration, the Federation did not, and the process of negotiating the
terms of the arbitration had not begun at year's end. The decision of
the international arbitration will be binding.
In 2000 both the Federation and the RS passed comprehensive labor
legislation as part of loan conditions established by the World Bank
and the International Monetary Fund; however, the existing legislation
still must be improved and harmonized with the other related laws in
order to regulate other kinds of service and seasonal contracts.
The Law on Labor in both entities prohibits discrimination by
employers against union members and organizers, in accordance with ILO
standards. However, this kind of discrimination continued.
Unions are free to form or join federations or confederations and
affiliate with international bodies; however, no unions did so in
practice.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is provided for in the Law on Working Relations in the RS
and in a comprehensive collective bargaining agreement in the
Federation; however, collective bargaining rarely was used. In
addition, the collective bargaining agreements appear to apply only to
public sector and government-owned enterprises, leaving private
businesses uncertain about their status under the general collective
bargaining agreements. However, the BiH Association of Employers was
recently established to address this problem. The Socio-Economic
Council was established in the Federation in September to improve
existing labor legislation and encourage job creation. The Council was
made up of representatives from trade unions, the Federation
government, and the Association of Employers.
The substantial number of government employees, particularly in the
RS, permitted the Government to remain highly influential in
determining the overall level of wages in each entity.
Unions have the right to strike. They have used this right to press
for payment of overdue salaries or wages; protest or demand changes in
management; and voice their opinion on economic reform and government
policy. Protest was often the only way to compel the payment of
salaries and wages. Most strikes were legal; however, in an attempt to
avoid negotiations, the Government claimed that some were illegal, on
the grounds that they were not announced the required 48 hours in
advance. A Law on Strikes governs strike activity in both entities, and
retaliation against strikers is prohibited. There were several major
strikes during the year, including those by factory workers and
teachers, due to arrears in salaries of several months or more, or to
protest the unsuccessful privatization of large factories. Courts
continued to hear labor disputes.
In Tuzla strikes were more frequent than in other cities, but they
were typical of the labor movement in the country. Chemical workers in
Tuzla have been on strike almost continuously for 2 \1/2\ years,
demanding payment of their social contributions. The strikes were
disorganized and unstrategic. On July 4, a few thousand chemical
workers tried to disrupt traffic at the city's main intersection, but
their numbers quickly dwindled to a few hundred. Elementary school
teachers in Tuzla went on strike in January and June to protest 2
months' unpaid wages but were unsuccessful in getting their demands
met. Unions in the country were fragmented into sectors and divided
along ethnic lines, weakening their potential impact. Unions had little
experience in conducting effective strikes or bargaining negotiations.
Workers often were left to organize themselves at the level of the
company. Workers were afraid to strike for fear of losing what few
social benefits they received from the companies.
There were 11 special economic areas called Free Zones in the
country, for the purpose of manufacturing and related services, where
customs duties did not have to be paid. There were no special laws or
exemptions from regular labor laws in these zones, and workers' rights
were not restricted.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children. However, Roma
children were often seen begging on city streets (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment of children in the
Federation and in the RS is 15 years. The Law on Labor prohibits
children from performing hazardous work, such as night work. While it
was unclear how strictly these laws were enforced, they reflected
strong cultural norms against child labor that effectively discouraged
the practice in the country. Although child labor was not known to be a
problem, children sometimes assisted their families with farm work and
odd jobs. Romani children were often seen begging on the streets in
Sarajevo.
The country has not signed the ILO Convention 182 concerning the
worst forms of child labor. There were no social programs to prevent
the engagement of children in exploitative child labor.
e. Acceptable Conditions of Work.--The minimum monthly wage in the
Federation was $100 (200 KM); in the RS it was $32 (65 KM). Neither
minimum wage provided a decent standard of living for a worker and
family. Many workers have outstanding claims for payment of salaries
and pensions. Employees are required by law in both entities to make
mandatory contributions to social funds. In total, the contribution
paid on each monthly salary was 68 percent in the Federation and 50
percent in the RS. Employers did not officially register their
employees in order to avoid paying high social welfare benefits.
The legal workweek is 40 hours under both Federation and RS entity
law; however, ``seasonal'' workers may work up to 60 hours per week.
The laws of both entities require that employers pay overtime to
employees. Overtime is limited to 20 hours (10 mandatory and 10
voluntary) in the Federation. In the RS, overtime was limited to 10
hours, although an employee may volunteer for an additional 10 hours in
exceptional circumstances. Rules regarding rest and vacation varied,
although typically no vacation was granted during the first 6 months of
employment, and 18 days per year were granted after that period. In
practice, employers at times granted additional vacation days to
workers.
Occupational safety and health regulations generally were ignored
because of the demands and constraints imposed by an economy devastated
by war. At year's end, neither entity had completed passage of new laws
to enforce international worker rights standards. Workers could not
remove themselves from hazardous working conditions without endangering
their continued employment.
f. Trafficking in Persons.--There are no uniform laws that
specifically prohibit trafficking in persons, and trafficking in women
and children for sexual exploitation was a serious problem. The country
was a destination and transit point, and to a lesser extent a country
of origin, for women and girls trafficked for sexual exploitation; men
were trafficked for forced labor. The country was extremely vulnerable
to trafficking in persons, because of weak laws, porous border
controls, and corrupt police who were bribed easily and facilitated
trafficking. There were reports that police and other officials were
involved in trafficking. The presence of thousands of foreign civilians
and soldiers in the country was an additional factor adding to the
problem. In April the country ratified the U.N. Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women and
Children.
A UNHCR official in Sarajevo commented publicly in June that
Bosnian authorities had intensified their efforts to combat
trafficking. However, in an earlier public conference, an executive of
LARA, a local NGO, criticized the Government for insufficient action to
prevent and cut off ``secret channels of trafficking.'' Based on a
National Action Plan adopted in 2001, a BiH-level commission was
established to coordinate antitrafficking efforts. At the initiative of
the commission, the Council of Ministers endorsed a budget for
antitrafficking trafficking activities, under the BiH Ministry of Human
Rights and Refugees. The new BiH Criminal Code contains a provision
aimed specifically at human trafficking, but it was still in
parliamentary process at year's end. This new provision mandates up to
10 years in prison for violators. The BiH Code is expected to be
replicated by both entities in the future, although the RS already has
a rudimentary antitrafficking provision, which has been applied in a
few cases. The Federation also introduced an aggressive antitrafficking
provision of its own, which remained in parliamentary procedure at
year's end. If enacted the law would stipulate sentences of up to 10
years in cases involving adult victims and up to 15 years for those
under 21.
In April the BiH Council of Ministers, both entities, and the Brcko
District agreed to form the country's first nationwide interagency
investigative task force to combat organized crime. The group includes
prosecutors, police, and financial investigators; it specifically
targets trafficking and illegal migration. Since the task force began
its work in the summer, its investigations have already led to
prosecution and conviction of one trafficking kingpin, sentenced to 1
year and 6 months in prison by the Brcko District court for promoting
prostitution.
An U.N.-brokered regional interministerial committee coordinated
some antitrafficking and other law enforcement operations. Local
authorities also continued other antitrafficking operations, including
the IPTF-initiated Special Trafficking Operations Program (STOP) and
``Operation Mirage,'' a two week long series of police raids and border
inspections in September, coordinated with other Southeast Europe
Cooperation Initiative member states. Since the STOP program began in
July 2001, police made 706 raids and interviewed 2,074 women, 224 of
whom sought assistance. IPTF sources stated that there were 85
convictions on charges linked to these raids. During Operation Mirage,
authorities raided 60 bars and interviewed 212 women. As a result,
trafficking charges (based on the RS Code) were filed against two
individuals, and two nightclubs were shut down for tax violations. At
year's end, the STOP program ceased; however, the EUPM continued its
own version of the program. This version was scaled down due to lack of
personnel and funding. EUPM has placed more emphasis on quality rather
than quantity. Local police involvement was much more strongly
advocated. EUPM involvement in actual operational and organizational
issues was expected to be in an advisory capacity to the local police
teams.
Seven women requested assistance offered by NGOs. In February the
U.N.'s Joint Entity Task Force, along with the State Border Service,
caught five suspects smuggling women in Bijeljina and Doboj. In April a
Sarajevo court sentenced one known trafficker to 2 \1/2\ years in
prison. Another bar owner in the same case received a 2-year sentence.
In May RS authorities charged 11 nightclub owners with a variety of
crimes, including promoting prostitution, forgery, and tax fraud.
Law enforcement experts and international monitors have observed a
decline in results from raids such as those mounted by STOP teams or
Operation Mirage. This modus operandi became well known to nightclub
owners and traffickers, who reacted by going further underground and
coaching women on what to tell police.
Prosecutors and police were critical of local judges, asserting
that they gave lenient sentences to traffickers or simply dismissed
charges. They also cited the continued inadequacy of legal codes,
particularly the lack of adequate asset seizure laws or witness
protection programs. However, the adoption of the new Criminal Code,
the Criminal Procedure Code, money laundering provisions and other laws
was expected to improve significantly the capability of the criminal
justice system to deal with organized crime. Other programs initiated
during the year, such as judicial reappointment and vetting by the HJPC
were expected to reinforce judicial accountability (see Section 1.e.).
Estimates of the number of trafficked women were not statistically
reliable and varied considerably. From data collected by the United
Nations Mission in Bosnia and Herzegovina (UNMiBH) and International
Organization for Migration (IOM), it was estimated that during the year
there were roughly 3,000 women engaged in prostitution in the country,
of which some 25 to 30 percent were thought to be victimized through
coercion or deception. Between 10 and 15 percent of victims were under
18. In coordination with the IPTF, local police began in July 2001 a
sustained campaign of raids on suspect nightclubs and other
establishments. As of autumn, police units had interviewed 2,074 women,
of whom 224 sought assistance. From January to October, IOM assisted
188 women, 126 of whom sought repatriation.
Over 90 percent of trafficked women in the country came from
Moldova, Romania, and the Ukraine. A significant number may have
transited on to western Europe, but no reliable estimates were
available. According to IOM, most victims reported being lured by false
job offers, such as advertisements offering work in Italy or Germany as
dancers, waitresses, and domestic servants. Most trafficked women
entered the country through Serbia-Montenegro. Those who transited the
country continued via Croatia. The country had not generally been
considered a country of origin for trafficked women, but IOM reported
Bosnian victims in other parts of Europe, while local NGOs observed
some Bosnian victims within the country.
The perpetrators of trafficking of persons came from a variety of
backgrounds, including freelance operators, local crime gangs, and
large international organized crime syndicates. Some employment,
travel, and tourist agencies also fronted for traffickers.
In the country, trafficked women most often worked in nightclubs,
bars, and restaurants that were fronts for brothels. During the year,
the U.N. identified about 290 suspect establishments in the country.
However, as local police and STOP teams continued their activities,
some traffickers moved their operations to private residences or began
moving them around to evade arrest. Victims reported working in
conditions akin to slavery, with little or no financial support,
coerced by intimidation, seizure of passports, withholding of food and
medical care, and even physical and sexual assaults.
There were continued reports of police and other official
involvement in trafficking, especially at the local level. Local
officials in some areas allowed foreign women to work in bars and
nightclubs with questionable work and residence permits. According to
Human Rights Watch, a number of police officers received free services
from brothels with trafficked women in exchange for their complicity.
Law enforcement officials in both entities asserted that they reduced
the number of foreign citizens working in bars. An RS Interior Ministry
official said in June that the number of foreign female bar employees
with valid work permits was down to 51, compared with 470 a year
previously. Nonetheless, there were reports that visas were issued
improperly at the country's embassies in the region. Local police
failed to act against suspect establishments, and some police officers
even warned bar owners of impending raids. Low salaries appeared to
perpetuate the problem, while police officers who refused bribes were
threatened. Even when police did their jobs properly, many cases were
dismissed in local courts or suspected traffickers released.
The establishment of police procedures and professional standards
units in connection with the accreditation process provided grounds for
more decisive action (see Section 1.c.). The Central Bosnia Canton
Interior Ministry fired several police officers for ties with
traffickers, including the head of a local anti-trafficking unit; that
individual received a 1-month prison sentence. Human Rights Watch
reported that by October, UNMIBH had denied certification to 26 local
police officers as a result of trafficking-related investigations. In
that same context, the Interior Ministry placed 25 police officers
under investigation. Two officers in Brcko were also fired because of
links to traffickers. During a raid on a Sarajevo bar believed to be
part of a network of establishments involved in trafficking women, 10
SFOR soldiers were detained. Furthermore, some international observers
have asserted that individual members of the IPTF have been customers
of trafficked women, and that whistle-blowers of this information
within the IPTF have faced retaliation.
During the year, IOM managed two long-term shelters where victims
received medical attention, counseling, and assistance in repatriation.
It also had six safe houses in various parts of the country, augmented
by two additional safe houses run by local NGOs. Police protection was
provided for the shelters. Despite these programs, IOM and other
sources reported that fewer victims sought assistance during the year,
and that shelters were not fully utilized. NGO employees reported that
women told them categorically that they did not trust local police and
feared traffickers would not hesitate to pursue them if they left. With
international assistance, local authorities and NGOs cooperated more to
assist and protect victims. For example, the Ministry of Human Rights
and Refugees backed a controversial proposal to allow women to be
placed involuntarily in shelters if there were indications that they
were trafficking victims. Under normal procedures, they could not be
detained unless charged with a crime.
Local NGOs and media focused more attention on the human costs of
trafficking, as well as the responsibility of the authorities to combat
the problem. Newspapers reported frequently on law enforcement actions
against traffickers, as well as allegations of involvement by police.
----------
BULGARIA
Bulgaria is a parliamentary republic ruled by a democratically
elected government. A coalition government headed by former King Simeon
Saxe-Coburg took office in 2001 following the victory of his National
Movement Simeon II (NMS) party in parliamentary elections that
observers agreed were generally free and fair despite some media
irregularities. The governing coalition consisted of the NMS and the
mainly ethnic Turkish Movement for Rights and Freedoms (MRF). A
predominantly ethnic Roma political formation, the EuroRoma party, was
an electoral partner of the MRF and thus was technically a member of
the governing coalition, although it had no representatives in the
Cabinet or the National Assembly. In January, following presidential
elections, Georgi Purvanov of the Bulgarian Socialist Party (BSP) began
his 6-year term. The Constitution provides for an independent
judiciary; however, the judiciary suffered from corruption and
continued to struggle with structural and staffing problems.
Internal security services were the responsibility of the Ministry
of the Interior (MOI) and included the National Police, the National
Service for Combating Organized Crime, the National Security Service
(civilian domestic intelligence), the National Gendarmerie Service
(paramilitary police), and the Border Police. Although government
control over the police improved, it still was not sufficient to ensure
full accountability. The Special Investigative Service (SIS), which
provided investigative support to prosecutors on serious criminal
cases, was a judicial branch agency and therefore was not under direct
executive branch control. The media reported that the public order
services, such as the National Intelligence Service (NIS) and National
Bodyguard Service (NBS), were not subject to adequate judicial,
executive, or legislative oversight of their activities or budgets.
Some members of the police committed serious human rights abuses.
The country, with a population of approximately 7.9 million, was in
transition from an economy dominated by loss-making state enterprises
concentrated in heavy industry, to one dominated by the private sector.
Approximately 80 percent of state assets destined for privatization
already have been sold. Principal exports were agricultural products,
tobacco products, chemicals and metals, although light industry--
including textiles and apparel--was growing in importance. During the
year, gross domestic product (GDP) growth was 4.4 percent, and the
inflation rate was 3.8 percent. The private sector accounted for
approximately 61.3 percent of GDP. Persistent high unemployment was a
problem.
The Government generally respected the human rights of its
citizens; however, there were problems in several areas. Members of the
security forces were responsible for one killing during the year.
Security forces commonly beat suspects and inmates and beat and
mistreated minorities. Arbitrary arrest and detention were problems.
Security forces harassed, physically abused, and arbitrarily arrested
and detained Romani street children. Problems of accountability
persisted and inhibited government attempts to address police abuses.
Conditions in many prisons and detention facilities were harsh. There
remained some instances of prolonged pretrial detention, although the
Government continued to improve its performance in preventing periods
of pretrial detention from exceeding the statutory limit of 1 year. The
judiciary was underpaid, understaffed, and had a heavy case backlog;
corruption of the judiciary was a serious problem. The Government
infringed on citizens' privacy rights. The Government restricted
freedom of the press and limited freedom of association. The Government
restricted freedom of religion for some non-Orthodox religious groups.
Societal discrimination and harassment of nontraditional religious
minorities persisted, but were less frequent than in the previous year.
Constitutional restrictions on political parties formed along ethnic,
racial, or religious lines effectively limited participation in
government for some groups. Violence and discrimination against women
remained serious problems. Conditions for children in state
institutions were poor, and because of a lack of funds, the social
service system did not assist homeless and other vulnerable children
adequately, notably Roma and children with mental disabilities. There
was some discrimination against persons with disabilities.
Discrimination and societal violence against Roma were serious
problems. Child labor was a problem. Trafficking in women and girls was
a serious problem, although the Government took steps to address it.
Bulgaria was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings. However, there were three reported
killings by security services, compared with eight such killings in
2001.
On February 17, 26-year-old Seval Sabakhtin Rasim died while in
custody of the border police near Sladun, Svilengrad municipality. He
was apprehended, together with 25 other persons of Afghan and Iranian
origin while attempting to enter the country illegally from Turkey.
While police transported Rasim to the detention facility in the village
of Sladun, he reportedly tried to escape from the border police patrol
and was chased and recaptured. Police reportedly beat Rasim severely;
he later died from his wounds. Following the military prosecutor's
investigation, several police officers were charged in the killing. One
border police officer was reprimanded, while two sergeants were
reassigned. In the other two cases, involving the deaths of Jordan
Asenov Yankov and Radka Koleva Markov, authorities found insufficient
grounds for prosecution, according to the Military Prosecutor's office.
The Ministry of Interior Act permits law enforcement officials to
use firearms to apprehend persons committing crimes or who have
committed crimes, even if the crimes were minor. Law enforcement
officers also may use firearms to stop the escape of a person who has
been arrested for any crime.
In March a three-member panel of the Sofia Military Court acquitted
two police officers who had been accused of inflicting injuries on
Milotin Mironov, also known as Mehmet Myumyun, who died in police
custody in 2001. Reportedly, two reliable witnesses could not be
located by the Ministry of Interior despite a nationwide search. This
resulted in the court's inability to consider potentially relevant
evidence. Mironov's relatives stated that they would appeal.
There were no reported developments in the cases of officers
charged in the 2001 killings of Sevgin Asan and Dimitur Dimitrov. In
April the police officer responsible for the 200l death of Eleonora
Dimitrova was fired.
There were unconfirmed reports that the police chief of Blagoevgrad
aided and abetted the July 21 killing of alternative synod Orthodox
priest Stefan Kamberov (see Section 2.c.).
Five men remained on trial at year's end for the 1996 killing of
former Prime Minister Andrey Lukanov. A hearing for two of the
defendants scheduled for July 22 was rescheduled because the defendants
had been severely beaten while in custody prior to the hearing. The
police claimed that the two had tried to escape and had attacked a
police sergeant (see Section 1.c.). The other three defendants remained
free on bail 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 such practices; however, police
commonly beat criminal suspects, particularly members of minorities, at
times to extract false testimony. Security force personnel also
physically abused street children, the majority of whom were Roma (see
Section 5).
According to the MOI, during the first 6 months of the year, 444
written complaints and 66 oral complaints were received by the Police
Directorate, of which only 99 named the officer(s) in question. Among
these, 29 related to alleged improper use of firearms, 88 concerned
illegal actions when issuing permits for activities, 66 involved abuse
of position for personal benefit, and 61 were for failure to do one's
duty or having a bad attitude. Of these complaints, the MOI determined
that 38 were well founded and disciplined 6 officers and 8
noncommissioned officers and sent 9 cases to the Military Prosecutor's
office for further action (see Section 1.e.). During the same period in
2001, 72 complaints were judged well founded. The MOI stated that 32
cases of abuse of authority were recorded in 2000 and 40 such cases in
2001. On February 27, the MOI fired one police officer in connection
with the beating of six youths in the town of Kostinbrod. In the 12
months prior to September, 33 MOI officers were dismissed for
corruption. During the same period, the Supreme Administrative Court
was petitioned regarding 76 dismissals by the Administrative Court, of
which 3 were upheld and 73 remained pending at year's end.
According to media reports, the Military Appellate Prosecutor's
Office reported that during the year, 49 police or military officers
were charged with having caused bodily harm, 18 were charged with
taking bribes, and 155 allegedly were involved in robberies or
burglaries.
Although some government officials stated that, under the country's
criminal code, any complaints about police beatings are required to be
heard by judges, at times this law was not respected in practice. Human
rights monitors reported that they received many complaints from
persons who were too intimidated to lodge an official complaint with
the authorities. Human rights observers charged that police often
handled minor offenses by arresting suspects, beating them, and
releasing them within a 24-hour period, so that no judicial involvement
was required (see Section 1.e.)
During the year, the MOI reportedly took steps to improve training,
including forming a special group to attract citizens of Roma descent
to the MOI, using Romani language in training programs, establishing
within the National Police Service a commission to instruct personnel
on international standards for law enforcement bodies, and initiating
programs to improve MOI relations with the Roma community. Government
officials claimed that police officers in the police academy completed
human rights awareness training during 2001; however, some observers
criticized this training as insufficient. There was no reported
training by nongovernmental organizations (NGOs) during the year.
Criminal suspects in police custody run a significant risk of being
mistreated, most often during the initial interrogation. In February
the Council of Europe reported that the Bulgarian Helsinki Committee
(BHC) 2001 survey of incarcerated persons arrested after January 2000
found that 49 percent (compared with 51 percent in 1999) of interviewed
prisoners reported that police officers used physical force against
them during arrest; 44 percent (compared with 53 percent in 1999)
reported one or more beatings at police stations. Roma prisoners
reported being abused more frequently than did other prisoners. Very
seldom were allegations of police abuse properly investigated nor were
the offending officers consistently punished. The Military Prosecutor's
office in particular has not investigated incidents of alleged police
abuse thoroughly or expeditiously.
A July hearing in the long-running trial of those accused of
killing former Prime Minister Andrey Lukanov in 1996 was postponed
because two of the defendants were brought into the courtroom severely
beaten. The police claimed that the two had tried to escape and had
attacked a police sergeant (see Section 1.a.).
In 2001 a police sergeant detained and beat a Romani man, Mitko
Naidenov, allegedly because he was suspected in a theft case. According
to NGO reports, Naidenov was hospitalized for 12 days for injuries
sustained in the beating. Naidenov filed a complaint with the Regional
Military Prosecutor's Office in March and, according to an NGO report,
the perpetrator was sentenced to make compensation to the victim.
The investigation into the 2001 police shooting of a 30-year-old
Rom, Slavi Velev, during an incident in which Velev and a group of Roma
allegedly were stealing from a garden, concluded with no results.
A civil lawsuit remained pending against police officers at year's
end in the 2000 police killing of Atanas Dzhambazov, a 14-year-old Rom.
According to an NGO following the case, the lawsuit had not moved
forward because the court demanded that Dzhambazov's family pay a fee,
which was not legally required.
In 2000 a 16-year-old Rom, Tsvetalin Perov, suffered third-degree
burns after reportedly setting himself on fire using flammable liquid
while in detention in the Vidin police station. The prison director and
officers received reprimands; after further investigation, criminal
investigators decided not to file charges.
Many observers alleged that some members of the police,
particularly in remote areas, were complicit in trafficking in persons
(see Section 6.f.).
There was widespread perception that authorities did little to
punish other corrupt state officials.
There were several incidents of societal violence against and
harassment of Roma, including children, during the year (see Section
5).
Conditions in some prisons remained harsh and included severe
overcrowding, inadequate lavatory facilities, and insufficient heating
and ventilation. The SIS's parallel network of jails and prisons
contains many of the harshest detention facilities. NGO prison monitors
reported that brutality committed by prison guards against inmates
continued to be a problem. The Government reported that it was in the
process of renovating facilities in Belene, Plovdiv, Stara Zagora, and
Vratsa and had closed down four detention facilities because they did
not meet standards. Prison authorities sustained their efforts against
tuberculosis, instituting a new procedure for regular testing. The
process by which prisoners may complain of substandard conditions or of
mistreatment did not function effectively. Labor correction hostels
were used to house criminals under age 18 and were less restrictive
than prisons. Men and women could be housed in the same jail but were
held in separate cells. Pretrial detainees were held separately from
convicted criminals.
The Government generally cooperated with requests by independent
observers to monitor conditions in most prisons and detention
facilities. The BHC stated that its representatives have been allowed
access to SIS facilities since 2001. Unlike the procedure in regular
prisons, observers still were prohibited from interviewing detainees in
the SIS facilities. Human rights monitors enjoyed good access to
regular prisons.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, there were
restrictions on this right in some cases. Police often arbitrarily
arrested and detained street children, the majority of whom were Roma
(see Section 5). There were no reports during the year that police
detained members of minority religious groups because of their beliefs
(see Section 2.c.).
Police normally obtained a warrant from a prosecutor prior to
apprehending an individual; however, warrants were not always required
for arrest. If the person was released without being charged before the
24-hour period elapsed, there was no judicial involvement in the case.
Human rights observers charged that police often handled minor offenses
by arresting suspects, beating them, and releasing them within the 24-
hour period (see Section 1.c.). Persons could be detained for no more
than 24 hours at the request of an investigating magistrate or a police
officer; however, detention could last for up to 72 hours if ordered by
a prosecutor.
The Constitution provides for access to legal counsel from the time
of detention; however, a 1999 survey of prisoners conducted by the BHC
found that 54 percent of prisoners complained that they had no lawyer
present during preliminary investigations. In April the BHC released
the results of a 2000 survey of 1,001 prisoners. More than 70 percent
reported that they had had no legal representation during the
preliminary investigation of their cases.
Defendants had the right to visits by family members, to examine
evidence, and to know the charges against them. Charges could not be
made public without the permission of the Prosecutor General. To enable
a speedy trial, the law requires that investigations last no more than
2 months under normal circumstances, although this period could be
extended to 6 months by the head regional prosecutor, and to 9 months
by the Prosecutor General.
Only judges could determine whether to hold suspects in custody or
set bail.
Human rights NGOs reported that the Government generally observed
the statutory limit of 1 year for pretrial detention or 2 years in the
case of the most serious crimes. While human rights lawyers noted some
continuing violations of this law, increasingly these situations became
exceptions rather than common practice. There also appeared to be a
legal consensus that the pretrial detention limits applied cumulatively
to all of the separate periods of detention, for example, in cases
where defendants' cases were sent to the courts for review and returned
to prosecutors for further investigation. This was a change from
earlier practice, when such a situation restarted the clock on the
defendant's pretrial detention. However, many cases still formally
could be deemed to be in the on-trial phase for an extended period of
time. This occurred when a case file had been presented to the court by
prosecutors but had not yet been acted upon by the judge. Cases could,
not uncommonly, remain in this situation for months, while the
defendant remained in custody. The Ministry of Justice reported that in
2001 there were approximately 1,000 accused persons in pretrial
detention centers, 1,100 indicted persons in the country's 13 jails and
23 labor correction hostels (see Section 1.c.), and 8,971 convicted
prisoners.
The Constitution provides for bail, and some detainees in the past
were released under this provision, although bail was not used widely.
In the event of a conviction, the time spent in pretrial detention was
credited toward the sentence.
Human rights observers reported that in many localities, children
could be held for months in educational boarding schools on the basis
of police referral before a local commission convened to make a
decision on the case (see Sections 1.e. and 5).
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution grants the
judiciary independent and coequal status with the legislative and
executive branches; however, problems in the judiciary remained,
including a lack of transparent and neutral standards for assigning
cases, poor coordination between prosecutors, investigators, and the
courts, corruption, low salaries and understaffing, antiquated
procedures, and a heavy backlog of cases.
The European Union Accession Report on Judicial Independence,
issued in 2001, stated that because the Constitution provides that the
``judicial power'' includes prosecutors and investigators as well as
judges, the separation of powers was blurred and the independence of
judges was compromised. The report also found that the Ministry of
Justice continued to exercise extensive administrative powers and that
the Government influenced the appointment and promotion of judges and
prosecutors and also influenced the outcome of cases. Partly as a
legacy of communism and partly because of the court system's structural
and personnel problems, many citizens had little confidence in the
judicial system. Long delays in trials were common. Human rights groups
complained that local prosecutors and magistrates sometimes failed to
pursue vigorously crimes committed against minorities. Many observers
believed that reforms were essential to establish a fair and impartial,
as well as efficient, judicial system. Since 2000 the Government has
operated reform programs to upgrade the expertise of the judiciary with
the help of international donor organizations. According to observers,
these actions produced limited results.
Crime and corruption remained primary concerns of the Government.
In July the National Assembly amended the Judicial Systems Act that
empowered the Supreme Judicial Council (SJC) to vote on removing the
immunity of the Prosecutor General--who previously had been
unaccountable--and judges. Some members of the judiciary promptly
challenged the amendments, and in December the Constitutional Court
overturned them.
During the year, the Government established an anticorruption
commission and amended the law to provide for a post-privatization
control mechanism. The National Assembly approved amendments to the
penal code that prohibited the solicitation of bribes and amended the
law on privatization to provide for a post-privatization control
mechanism. Politicians and NGOs continued to criticize the Prosecutor
General's office for its failure to prosecute vigorously large numbers
of serious criminal cases, leaving the impression that it lacked the
will to crack down on organized crime and corruption.
Observers noted modest improvement in the efficiency of moving
cases through the criminal system, although many serious systemic flaws
remained. The police continued to struggle with a large backlog of
outstanding investigations, some up to 10 years old, which they
inherited from the former investigative service.
The court system consisted of regional courts, district courts, and
Supreme Courts of Cassation (civil and criminal appeal) and
Administration. A Constitutional Court, which was separate from the
rest of the court system, was empowered to rescind legislation that it
considered unconstitutional, settle disputes over the conduct of
general elections, and resolve conflicts over the division of powers
between the various branches of government. Military courts handled
cases involving military personnel (including police personnel) and
some cases involving national security matters. The Constitutional
Court did not have specific jurisdiction in matters of military
justice.
Judges were appointed by the 25-member SJC and, after serving for 3
years, could not be removed except under limited, specified
circumstances. The difficulty and rarity of replacing judges, virtually
regardless of performance, often was cited as a hindrance to effective
law enforcement. The 12 justices on the Constitutional Court were
chosen for 9-year terms as follows: One-third were selected by the
National Assembly, one-third appointed by the President, and one-third
selected by judicial authorities. During 2001 the question of whether
investigating magistrates enjoyed overly broad immunity--and thus
generally were free from disciplinary measures for incompetence or
corruption--led to a proposal to limit magistrates' immunity that
failed in the National Assembly. The internal mechanisms that
controlled corruption in the judicial system were weak. Due to its
composition and inadequate support staff, the SJC, which was
responsible for the proper administration of justice and drafting the
judiciary's budget, was not able effectively to set the judiciary's
budget, ensure the effectiveness of judges, or protect the judiciary's
independence. The European Union Accession Report on Judicial
Independence reported that the SJC's mixed composition and its mandate
to represent the entire judicial system (judges, prosecutors, and
investigators) made it an ineffective representative of judges and
their independence.
Local observers contended that organized crime influenced the
prosecutor's office. Few organized crime figures have been prosecuted
to date. According to the National Service for Combating Organized
Crime, approximately 110 organized crime groups operated in the
country. Domestic NGOs estimated that between 25 and 35 percent of the
economy was linked to or controlled by organized crime. The MOI
requested and received assistance from foreign governments in its
efforts to close legal loopholes and strengthen enforcement
capabilities against criminal groups engaged in racketeering and other
illegal activities (see Section 3).
The Constitution stipulates that all courts shall conduct hearings
in public unless the proceedings involve state security or national
secrets, and authorities generally respected this provision. Defendants
had the right to know the charges against them and were given ample
time to prepare a defense. The right of appeal was provided for and was
used widely. Defendants in criminal proceedings had the right to
confront witnesses and to have an attorney, provided by the state if
necessary, in serious cases.
The judiciary continued to suffer from a heavy backlog of cases,
which resulted in long delays for trials. During the year, the backlog
that had accumulated in the 1990s continued to be reduced. During the
first 6 months of the year, Ministry of Justice statistics indicated
that 53,908 new criminal cases had been filed, while 59,422 had been
resolved. A total of 117,088 new civil cases had been filed in the same
time period, and 130,944 civil cases resolved. There were 29,207
criminal and 88,189 civil cases outstanding at the end of June. The
practice of pleabargaining, introduced in 2000, had not yet effectively
lightened the caseload for prosecutors in its 3 years of operation. In
addition, pleabargaining reportedly was perceived by many citizens as a
way for the wealthy to buy their way out of charges.
Human rights observers considered educational boarding schools
(formerly known as Labor Education Schools), to which problem children
could be sent, as little different from penal institutions (see
Section). However, since the schools were not considered prisons under
the law, the procedures by which children were confined in these
schools were not subject to minimal due process; several human rights
organizations criticized this denial of due process. Children sometimes
appeared alone despite the requirement that parents must attend
hearings; the right to an attorney at the hearing is prohibited
expressly by law. Decisions in these cases were not subject to judicial
review, and children typically stayed in the educational boarding
schools for 3 years or until they reached majority age, whichever
occurred first. The law provides for court review of sentencing to such
schools, sets a limit of a 3-year stay, and addresses some other
problems in these institutions (see Section 5); however, human rights
activists dismissed this court review provision as a formality, since
the child was not present to speak on his or her own behalf (nor was
the defense lawyer or the child's parents).
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these provisions in practice; however,
there were regular reports of mail, especially foreign mail, being
delayed or opened.
The precise extent of the MOI's discretionary power to authorize
telephone wiretaps and electronic listening devices without judicial
review was undetermined, and concerns remained that government security
agencies acted without sufficient oversight. In 2001 media reports and
commentaries discussed the need for better legislation and oversight of
the various public order agencies, such as the NIS, NBS, and the
National Security Service.
The BHC alleged that at times the issuance of warrants to
investigate suspects' private financial records was abused to give
police broad and open-ended authority to engage in far-ranging
investigations of a suspect's family and associates. During the year,
an NGO concerned with the rule of law complained that the Law on
Special Intelligence Devices provides no possibility for citizens to be
informed whether they have ever been the object of surveillance or
wiretapping, even if the use of special intelligence devices with
respect to them has been terminated. The NGO noted this meant that
citizens were potential victims of a violation of Article 8 of the
European Convention on Human Rights.
Traffickers in persons used threats against women's families and
family reputations to ensure obedience (see Section 6.f.).
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 exerted
undue influence on the media. A variety of media outlets presented a
broad spectrum of opinion.
Journalists criticized the Government's handling of state-owned
broadcast media during the year. During the year, the National Council
for Radio and Television was replaced by the Council for Electronic
Media (CEM), which was ineffective in handling its licensing
responsibilities due to administrative and political disputes; however,
there was little demonstrable progovernment bias in its decisionmaking.
The BHC reported in March that significant numbers of journalists
continued to feel constrained in their reporting because of media
outlet management, government influence, and outside pressure.
Prosecutors also were regarded widely as wielding an intimidating
influence over journalists who were critical of the judicial process.
There were no formal restrictions on programming and both
television and radio provided a variety of news and public interest
programming. Television and radio news programs on the state-owned
media presented opposition views, but under the previous government,
some opposition members claimed that their activities and views were
given less broadcast time and exposure than those of the then-ruling
party. Starting in late 2001 and continuing during the year, there was
increasing evidence that the Government was attempting to exercise
influence over state-owned media. In addition to passing the
controversial measures regarding the CEM and removing the Director
General of Bulgarian National Television (BNT) in 2001, the Government
removed a political television talk show host, Yavor Dachkov, whose
program had become known for its criticism of the Government. During
the year, the Government did not succeed in adopting a new media law in
the face of opposition arguments that the bill would provide the
Government with a means of interfering with state-owned media. However,
media observers believed that the inadequacy of existing legislation
left state-owned media vulnerable to government pressure.
The Access to Public Information Act (APIA) established broader
public access to government information; however, since it was enacted
in 2000, implementation of the law has been uneven (see Section 4). NGO
observers noted that both government officials and members of the
public had an inadequate understanding of procedures under the act,
reducing the act's usefulness as a tool to promote public access to
government information. Nevertheless journalists appeared to take the
law increasingly into account when seeking information from the
Government. The NGO Access to Information Program (AIP) reported having
515 consultations with various parties about using the APIA during the
year. The AIP reported that when it became involved, government
agencies often, but not always, responded to APIA requests. AIP noted
that 23 out of 25 municipalities that it surveyed had appointed an
official to handle APIA requests, although only 1 had appointed an
official full-time. The NGO estimated that less than 40 percent of the
country's hundreds of municipalities made public current information
under the APIA.
In 2001 the Government amended rules regarding press reporting on
the activities of the Council of Ministers. These rules sought to
restrict media access to the Council but were limited following
protests by journalists. The only restriction in effect was that
Ministers could not take questions before ministerial sessions,
although they routinely issued statements to the press after Cabinet
sessions. In May the Supreme Administrative Court ruled that, under the
APIA, the Council of Ministers in 2001 unlawfully had declined to make
public the transcript of a ministerial session requested by a
journalist from Kapital weekly and decreed that the Council of
Ministers should reconsider its position on the journalist's request.
The situation with respect to licensing did not improve due to
problems surrounding the operation of the CEM. In 2001 former president
Stoyanov signed a media law that created the CEM. Five of the CEM
members were chosen by the National Assembly and four by the President.
The CEM was authorized to regulate programming and issue licenses for
electronic media, a power previously held by the State
Telecommunications Commission. In 2001 the Council of Europe criticized
the concentration of frequency allocation authority in a nontechnical
body, and media observers were concerned that this measure would lessen
state radio and television independence in reporting on government
policies and programs. In practice the CEM focused on monitoring and
administrative activities.
In July the National Assembly passed amendments to the Electronic
Media Act (EMA) that require the CEM to issue radio and television
broadcast licenses only in accordance with the Overall Strategy on the
Development of Radio and Television Broadcasting. The CEM drafted the
strategy, which required the National Assembly's approval, in
cooperation with the Commission for Regulation of Telecommunications.
The National Assembly had not approved the strategy by year's end. As a
result, the CEM did not promulgate new licensing procedures, and it was
not clear when the Government would resume licensing electronic media.
Some media observers alleged that these delays stemmed from the ruling
party's wish to prevent television licenses from being issued to
broadcasters who might criticize the Government.
A variety of newspapers were published freely by political parties
and other organizations representing the full spectrum of public
opinion. However, journalists frequently wrote reports to conform to
the views of their owners.
Libel is punishable under the criminal code, but in most cases the
courts defined libel and interpreted the law in a manner that favored
journalistic expression. In 2000 the National Assembly reduced the
fines for libel and defamation by half to approximately $7,500 (15,000
leva), but this reduced fine remained a heavy penalty in the context of
the country's economy. The provisions eliminated imprisonment as a
penalty for libel; however, according to an NGO report, in one case a
person was imprisoned for libel, despite the amendment, because
imprisonment was allowable at the time he was charged. Journalists
charged with libel or defamation also have reduced rights of appeal for
libel sentences under the law. Under the law, libel remains a criminal
offense and losing defendants are considered to be criminals.
Legal actions regarding media officials continued. In March the
Supreme Administrative Court (SAC) ruled that former BNT director Lily
Popova was fired illegally and should be reinstated as BNT director.
However, Popova's term had already expired and the CEM had appointed
Kiril Gotzev Director General of BNT; therefore, no actions were
initiated by CEM as a result of the SAC ruling. At the same time, BNT
anchorman Dimitur Tzonev, a failed candidate for the BNT director's
position, challenged the CEM's selection of Gotzev before the SAC. In
July the SAC ruled that Gotzev had been appointed lawfully, and in
October Tzonev was appointed government spokesman.
The BNT broadcast Turkish-language newscasts, and local affiliates
of Bulgarian National Radio broadcast limited Turkish-language
programming in regions with ethnic Turkish populations. Foreign
government radio programs such as the British Broadcasting Corporation,
Deutsche Welle, Radio Free Europe, Radio France Internationale, and the
Voice of America had good access to commercial radio frequencies.
Access to the Internet was unrestricted, although many citizens
could not afford computers. Internet cafes were common.
The Government did not restrict 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. Authorities required permits for
rallies and assemblies held outdoors, but most legally registered
organizations routinely were granted permission to assemble. Vigorous
political rallies and demonstrations were a common occurrence and
generally took place without government interference.
The Constitution provides for freedom of association; however, the
Government prohibited groups that endanger national unity or promote
racial, national, ethnic or religious hatred, violate the rights of
citizens, or seek to achieve their objectives through violent means.
The Government undertook to respect the rights of individuals and
groups to establish freely their own political parties or other
political organizations; however, there are constitutional and
statutory regulations that restrict the right of association and limit
meaningful participation in the political process. For example, the
Constitution forbids the formation of political parties along
religious, ethnic, or racial lines and prohibits citizens' associations
from engaging in political activity. These provisions were designed to
prevent the development of parties based on a single ethnic or other
group that could hurt national unity by promoting ethnic tensions for
political purposes. Nonetheless the mainly ethnic MRF has long been
represented in the National Assembly and in the Cabinet since 2001. The
other major political parties generally accepted the MRF's right to
participate in the political process. In addition, a number of
predominantly ethnic Roma political parties achieved some success in
local elections in 2001.
The Constitution also prohibits organizations that threaten the
country's territorial integrity or unity or that incite racial, ethnic,
or religious hatred. In 2000 the Constitutional Court, the final
authority on the matter, ruled that the political party United
Macedonian Organization (OMO-Ilinden-Pirin, not to be confused with the
similarly named rights group, OMO-Ilinden, although there were links
between the groups) was unconstitutional on separatist grounds. In
2001, with the support of the Bulgarian Helsinki Committee, OMO-
Ilinden-Pirin leaders filed an appeal with the European Court of Human
Rights (ECHR). In December the MOI stated that it had no knowledge of
any complaint by OMO-Ilinden-Pirin before the ECHR.
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, the Government restricted this right in practice for
some nontraditional religious groups. The Constitution designates
Eastern Orthodox Christianity as the traditional religion. The
Government provided financial support to the Eastern Orthodox Church,
as well as to several other religious communities perceived as holding
historic places in society, such as the Muslim, Roman Catholic, and
Jewish faiths, which also were considered traditional. These groups
benefited from a relatively high degree of governmental and societal
tolerance.
The law on religion requires groups whose activities have a
religious element to register with the Council of Ministers. By year's
end, a total of 30 denominations were registered. The Government
restricted religious freedom through a registration process that was
selective, slow, and nontransparent. The Government prohibited the
public practice of religion by groups that were not registered. In
January the Church of the Nazarene was registered after more than 6
years of obstruction, with the assistance of the Prime Minister's
direct intervention.
Although in previous years a few municipalities passed ordinances
that aimed to curtail religious practices, the Government subsequently
suspended these ordinances. However, the City Council in Burgas
continued to refuse to register the local branch of Jehovah's
Witnesses, despite the fact that they were registered by the national
government.
In some cases, the failure of denominations to achieve registration
as religious organizations caused them to function in an environment of
indeterminate legality and to establish NGOs that functioned in
nondenominational ways. Some groups rejected the idea of state
registration. Although they operated, they were unable, for example, to
rent conference halls because they did not exist as legal entities.
The appeal before the ECHR regarding a license for a
nondenominational Christian radio station, Glas Nadezhda, remained
pending at year's end.
The split within the Bulgarian Orthodox Church (BOC) between those
who supported Patriarch Maksim and those who viewed him as illegitimate
because he was selected in 1971 under Communist rule to head that
church led to violence in July. A pro-Maksim Orthodox priest was
arrested as a suspect in the killing on July 21 of alternative synod
Orthodox priest Stefan Kamberov at a monastery near Blagoevgrad, and
the alternative synod also accused the police chief of Blagoevgrad of
aiding and abetting the crime. The authorities had not completed their
investigation by year's end (see Section 1.a.). The Government stated
the need to heal the schism but generally was perceived as favoring
Maksim. The split hindered efforts to pass new legislation and to
resolve outstanding claims relating to formerly Orthodox properties
still held by the Government.
Except for alleged police involvement in actions against the
alternative synod of the BOC, there were no reports of official
harassment of religious groups during the year.
In December the National Assembly enacted the Law on Religious
Confessions to replace the universally unpopular Communist-created law
of 1949 and, indirectly, to end the schism within the BOC in favor of
the Holy Synod headed by Patriarch Maksim. The law exempts the BOC from
required registration and provides for an expedited registration
procedure for the 30 denominations that had been registered under the
1949 law. Religious groups not registered previously under the 1949 law
will not enjoy similar rights. Neither the Government nor the National
Assembly requested review of the legislation by the Council of Europe
or the Organization for Security and Cooperation in Europe (OSCE) prior
to passage, as had been done by the previous government with respect to
a draft religious affairs bill in 2001. NGOs and religious affairs
observers expressed concern that the law would be used to favor the
Holy Synod and to evict the Alternative Synod from properties under its
control. Although the National Assembly took into consideration
suggestions and critiques by Muslims, non-Orthodox Christians, and some
NGOs, some media noted concerns of the Alternative Synod and the
opposition UDF that the new law unfairly exempts the Maksim-led BOC
from the registration requirement and would be used to suppress the
anti-Maksim faction.
At the Department of Theology of Sofia University, all students
were required to present a certificate of baptism from the Orthodox
Church, and married couples were required to present a marriage
certificate from the Church in order to enroll in the Department's
classes. Non-Orthodox applicants could not be admitted to the
Department of Theology.
A number of religious groups complained that foreign-national
missionaries and religious leaders experienced difficulties in
obtaining and renewing residence visas in the country; the issuance of
residence visas appeared to be subject to the whim of individual
authorities. New amendments to the Law on Foreign Persons, which went
into effect in 2001, created problems for foreign missionaries and
religious workers in the country. For example, the revised law has no
visa category which explicitly applies to missionaries or religious
workers, and rules for other categories of temporary residence visa
(such as self-employed or business-owner) have been tightened in ways
that reportedly make it more difficult for religious workers to
qualify. For example, foreign evangelical missionaries in Stara Zagora,
who had reported confusion, delays, and demands for unexpected fees and
bribes while applying for visas, were granted 1-year visas in July
following a visit to Stara Zagora by a foreign diplomatic
representative. Some foreign missionaries reportedly continued to
travel in and out of the country every 30 days, despite the financial
costs involved, in order to avoid having to obtain visas.
NGOs and certain denominations claimed that a number of their
properties confiscated under the communist government were not
returned. For example, the Muslim community asserted that it once owned
at least 17 properties around the country that the Government has not
returned. The Government also reportedly retained six buildings in
Sofia, three in Plovdiv, and several other buildings in other towns, as
well as three monasteries that belonged to the Catholic Church.
Methodists and Adventists also claimed land or buildings in Sofia and
other towns. A representative of the Jewish community stated that
former Jewish properties had mostly been recovered over the last 10
years, with two exceptions in downtown Sofia. The head of the Office on
Restitution Issues stated that the list of outstanding claims was
shorter during the year, and that the law permits resolution of claims
if a timely filing was made. However, a central problem facing all
claimants was the need to demonstrate that the organization seeking
restitution was the same organization--or the legitimate successor of
the organization--that owned the property prior to September 9, 1944.
This was difficult because communist hostility to religion led some
groups to hide assets or ownership and because documents had been
destroyed or lost over the years.
Discrimination, harassment, and general public intolerance toward
religious minorities, which included the great majority of Protestant
denominations, remained a problem; however, the number of reported
incidents decreased during the year. Strong suspicion of evangelical
denominations among the Orthodox was widespread and pervasive and
resulted in societal discrimination. Nevertheless, human rights
observers agreed that such discrimination has gradually lessened over
the last 4 years as society appeared to become more accepting of at
least some previously unfamiliar nontraditional religions.
There were no reports during the year that non-Orthodox religious
groups were affected adversely by media coverage. In previous years,
numerous articles in a broad range of newspapers as well as television
documentaries reported inaccurately on the activities of non-Orthodox
religious groups, attributing the breakup of families and drug abuse by
youths to the practices of these groups, and alleged that evangelical
parents provided illegal drugs to young children. In February a youth
with skinhead connections in Sofia stabbed a Mormon missionary;
however, it was not known whether the attack was connected with the
victim's religious activities or affiliation. Two assailants were
arrested, charged with relatively minor offenses, convicted, and given
suspended sentences. The missionary recovered.
In April a gang of apparent skinheads attacked a group of Roma in
Pazardzhik, resulting in several hospitalizations. Although the motive
for the attack was unclear, it reportedly took place following a
service by a Swedish evangelical preacher at the local stadium.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government restricted the access of noncitizens to
border zones that extending up to approximately 4.2 miles from the
country's border. Every citizen has the right to return to the country,
may not be forcibly expatriated, and may not be deprived of citizenship
acquired by birth; there are no limits to these rights under the
Constitution.
The Government granted 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 Law on Refugees regulates the
procedure for granting refugee status as well as the rights and
obligations of refugees. The Agency for Refugees, formerly the National
Bureau for Territorial Asylum and Refugees, was charged with following
this procedure. The Government cooperated with the U.N. High Commission
for Refugees (UNHCR) and other humanitarian organizations in assisting
refugees.
The Government provided first asylum. In the past, domestic and
international human rights organizations had expressed concern over the
Government's handling of asylum claims and reported that there may have
been cases in which bona fide refugees were turned away at the border.
No such cases were reported during the year; however, because NGOs
lacked institutionalized access to the country's borders, it often was
difficult for them to monitor the Government's handling of asylum
cases.
During the year, the State Agency for Refugees received requests
for refugee status from 2,888 persons. Refugee status was granted to 75
persons and humanitarian protection given to 646, while 781
applications were denied. There were 1,140 cases pending at year's end.
The leading countries from which applicants originated were Iraq,
Afghanistan, Armenia, Sudan, and Nigeria. In 2001 there were 2,428
applicants, of which 385 received refugee status, 1,185 were granted
humanitarian protection status, and 633 had their applications denied.
Humanitarian protection status provided temporary protection for 1
year, and persons could reapply.
In June the National Assembly adopted the Law on Refugees and
Asylum that streamlines the procedures for granting asylum and refugee
status. Under the law, applicants for asylum or refugee status are
interviewed immediately. Within 3 days of the interview, applications
are reviewed by a competent authority, who determines whether they
merit further processing. The law also provides for the detention of
foreigners who are deemed by the MOI to pose a threat to national
security, or who have committed serious crimes.
The Agency for Refugees reported that it had received 5,938
applications for asylum since its inception in 1993. Of these, 902
persons were listed as holding approved asylum or other humanitarian
residence status at year's end. Domestic and international human rights
organizations complained that the adjudication process was slow, but
the UNHCR noted that the Agency for Refugees began a major
restructuring project to reduce the adjudication time to a period of 3
months; the project was expected to take 4 years. The UNHCR, in
cooperation with an NGO, operated three transit centers near the Greek,
Turkish, and Romanian borders and assisted the Government with a small
reception center in Banya.
The case of Ahmad Musa, a Palestinian who was expelled from the
country for being a threat to national security in 2000, remained
pending before the ECHR at year's end.
There were no reports during the year 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 the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections of the President and members
of the National Assembly. However, the constitutional prohibition of
parties formed on ethnic, racial, or religious lines effectively
circumscribed access to the political party process for some groups
(see Section 2.b.). Suffrage is universal at the age of 18.
Parliamentary elections held in 2001 were considered by
international observers to be generally free and fair, and voting took
place in a calm and orderly atmosphere; however, the OSCE reported that
while a large number of media outlets gave the public broad access to
information, provisions in the Election Law regulating campaign
coverage in the public media were overly restrictive. Election
contestants also had to pay for all appearances in the public
broadcasting media, including debates, which effectively limited
campaign coverage in the media. A coalition government headed by former
King Simeon Saxe-Coburg of the NMS party won the elections and took
office in 2001.
There were no legal restrictions on the participation of women in
government and politics. There were 63 women in the 240-seat National
Assembly. A number of women held elective and appointive office at high
levels in the new government, including one Deputy Prime Minister (who
also was Minister of Labor and Social Policy), the Minister of
Environment and Water Resources, and 10 deputy ministers. Women also
held key positions in the National Assembly, including one Deputy
Speaker and the chairs of three committees. The largest opposition
party in the National Assembly, the Union of Democratic Forces, was led
by a woman.
There were no legal restrictions on the participation of minorities
in politics; however, the Constitution prohibits ethnically, racially,
or religiously based parties (see Section 2.b.). There were 23 minority
members of parliament (M.P.s) in the 240-seat National Assembly. There
were two MRF ministers in the Cabinet. They were the first ethnic Turks
to serve in the Cabinet. The Turkish community's popularly elected
representation of twenty ethnic Turks in the National Assembly roughly
corresponded to its size. There were two Roma in the National Assembly,
one was an NMS member, the other a BSP member. Both groups were
underrepresented in appointed governmental positions, especially
leadership positions. Romani groups demanded that existing political
parties adopt platforms pledging more representation and other
improvements for Roma in return for Romani support. There was also one
ethnic Armenian M.P. in the National Assembly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Human rights observers
reported uneven levels of cooperation from various national and local
government officials during the year. The APIA opened new channels of
information, which at times proved quite helpful to human rights
observers; however, implementation of the act has been uneven. In
particular, local administrations were slow to designate a place where
APIA requests could be submitted. Human rights observers also
experienced some difficulty in obtaining information that had been easy
to obtain before 2001, such as information from prosecutors. During the
year, a number of NGOs issued reports that analyzed and criticized the
prevalence of corruption and organized crime as well as the weak and
inefficient criminal justice system, sparking considerable public
debate. The Government made no attempt to suppress them or punish their
authors.
The police continued cooperation with human rights NGOs in
providing human rights training to police officers; however, the BHC
did not conduct any further human rights awareness training during the
year. In general human rights observers reported continued receptivity
and dialog on the part of the Government and police officials toward
human rights concerns. However, police practices at the working level
had not changed noticeably.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for individual rights, equality, and
protection against discrimination; however, in practice discrimination
still existed, particularly against women and Roma.
Women.--Societal violence against women was a serious and common
problem, but there were no official statistics on its occurrence. The
Animus Association Foundation (AAF), an NGO that offered assistance and
support to female victims of violence, estimated that one in five women
suffered from spousal abuse. The law exempts from state prosecution
certain types of assault if committed by a family member, and the
Government generally did not assist in prosecuting domestic assault
cases unless the woman was killed or injured permanently. Courts and
prosecutors tended to view domestic abuse as a family matter rather
than a criminal problem. In most cases, victims of domestic violence
took refuge with family or friends rather than approach the
authorities. Police often were reluctant to intervene in cases of
domestic abuse, even if a woman called them seeking protection or
assistance.
The Government did not take steps to combat violence against women
and did not provide shelter or counseling for women. In Sofia the NGO
Nadya De Center provided shelter to battered women, and the AAF opened
a crisis center that provided short-term emergency shelter for female
victims of violence. At year's end, there were 15 crisis centers around
the country that provided assistance to female victims of violence. The
AAF also operated a 24-hour hot line for women in crisis that was
staffed by volunteer counselors, supported by 13 full-time professional
therapists.
NGO observers reported a generally improved public attitude toward
the problems of violence against women in the last few years. After
several years of activism by various NGOs, the taboo against
acknowledging and talking about domestic violence and violence against
women has been broken. Observers also noted some increased sensitivity
on the part of police to the issue. The AAF reported that it
periodically received client referrals from police.
For the period January through June, the AAF reported that it had
assisted 405 female victims of domestic violence, including 12
adolescents, 27 victims of sexual violence, and 18 traumatized
witnesses or family members of the victims. However, observers believed
that the actual incidence of each form of violence was much higher, as
these represented only those cases where the victims (or, in some
trafficking cases, an overseas women's group) were willing and able to
contact the AAF.
Spousal rape is a crime, but it rarely was prosecuted.
The courts prosecuted rape, although it remained an underreported
crime because of the stigma which society attached to the victim. The
maximum sentence for rape is 8 years; convicted offenders often
received a lesser sentence or early parole. According to the MOI, 215
rapes and 64 attempted rapes were reported for the period January
through June, compared with 197 and 35, respectively, from January to
August 2001. According to a survey by a local polling agency, 80
percent of rapes involved an assailant known to the victim.
Prostitution was not prohibited by law; however, a variety of
activities often associated with prostitution, such as pimping, were
illegal (see Section 6.f.). Forced prostitution was illegal, but
remained a serious problem. Poor socioeconomic conditions contributed
to a disproportionate number of Romani women drawn into organized
prostitution.
Trafficking in women was a serious problem (see Section 6.f.).
The law does not prohibit sexual harassment, and sexual harassment
was a widespread problem. Labor unions reported that sexual harassment
occurred in the clothing assembly industry, particularly in the
southern parts of the country. A survey conducted by the Agency for
Social Research (ASR) during the year found that approximately 40
percent of women had suffered sexual harassment in the workplace. Most
incidents were unreported.
The Constitution forbids privileges or restrictions of rights on
the basis of sex, and women were not impeded from owning or managing
businesses, land, or other real property and do not suffer from
discrimination under inheritance laws; however, women faced
discrimination both in terms of job recruitment and the likelihood of
layoffs.
Official figures showed the rate of unemployment to be higher for
women than for men. Women were much more likely than men to be employed
in low-wage jobs requiring little education. The National Statistical
Institute reported that in late 2001, the average salary of a woman was
77 percent of the average salary of a man. An ASR survey found that 52
percent of the country's unemployed were women and that women received
only 67 percent of the remuneration of their male counterparts due to
limited overall opportunities for promotion. An Austrian government-
funded survey on obstacles to female entrepreneurs in the country,
carried out by the Foundation for Entrepreneurship Development, found
that barriers included the unavailability of start-up capital,
corruption, and low purchasing power. In 2000 there were half as many
self-employed women as men, and women owned or managed only a third of
domestic businesses.
Women were as likely as men to attend universities. However, in the
workplace, women had less opportunity to upgrade their qualifications
and generally secured lower-ranking and lower-paying positions than
their male counterparts. Women generally continued to have primary
responsibility for child rearing and housekeeping, even if they were
employed outside the home. Since 80 percent of employed women work in
the lowest-paying sectors of the labor force, they often needed to work
two jobs in addition to their household duties in order to help provide
for their families. Female-headed households frequently lived below the
poverty line. There were liberal provisions for paid maternity leave;
however, these actually could work against employers' willingness to
hire and retain female employees. This was noticeable especially in
higher-paying positions in the private sector, where many women with
engineering degrees worked as secretaries.
The Government did not have programs to address economic
discrimination or integrate women into the mainstream of society and
the economy, although much NGO activity was focused on these areas.
Many of the approximately 30 women's organizations were associated
closely with political parties or had primarily professional agendas.
Some observers believed that women's organizations tended to be
associated with political parties or professional groups because
feminism had negative societal connotations. Of those organizations
that existed mainly to defend women's interests, the two largest were
the Women's Democratic Union in Bulgaria and the Bulgarian Women's
Association. The Party of Bulgarian Women was one of the founding
parties in the NMS coalition, which won the 2001 parliamentary
elections (see Section 3).
Children.--The Government generally was committed to protecting
children's welfare; however, government efforts in education and health
were constrained by serious budgetary limitations and by outmoded
social care structures. The Constitution provides for mandatory school
attendance until the age of 16. Public education was free, but children
were required to pay for books, which was a problem for poor families.
Fewer girls than boys attended school, especially among minority
groups.
Many Roma and other observers made credible allegations that the
quality of education offered to Romani children was inferior to that
afforded to most other students. Some parents were reluctant to have
too many Romani children enrolled in school because they feared it
would lower the school's academic standards. Romani children and ethnic
Bulgarian children generally attended separate schools, although
integration programs, including busing, were started in several
localities during the year. The Government largely was unsuccessful in
attracting and keeping many Romani children in school. Schools in most
Romani neighborhoods suffered from chronic absenteeism and very low
graduation rates. Less than 8 percent of Romani children have completed
secondary education, and less than 1 percent have graduated from
college. Many Romani children arrived relatively unprepared for
schooling; many were not proficient in the Bulgarian language. Since
March a project in Silistra region provided weekend classes for Romani
children under the age of 15 who were not in school.
Poverty led to widespread school truancy because many children in
Romani ghettos could not afford shoes or basic school supplies, and
instead turned to begging, prostitution, and petty crime on the
streets. A social milieu that often did not highly value formal
education also was a contributing factor. Lack of effective government
infrastructure and programs and economic and social factors combined to
deprive Romani youths of an education.
There were indications that some initiatives undertaken by the
Government and by Romani NGOs were achieving small successes in
mitigating these problems, for example by providing free lunches and
subsidizing textbook and tuition costs. With the help of international
donor funding, an ethnic reintegration effort began in schools in Vidin
in 2000 and continued through the year. Since 2000 busing programs have
operated in Vidin and elsewhere, although one Romani M.P. called the
program a failure, and an EU representative in Sofia stated that there
should be an assessment of the impact of the program around the
country. Nevertheless, during the year, Romani children from the
settlement continued to attend nonsegregated schools as a result of
local and international nongovernmental initiatives, and the program
was expanded to include the cities of Montana, Pleven, Stara Zagora,
Sliven, and Khaskovo.
Conditions for children in state institutions were poor. At the end
of 2001, according to the State Agency for Child Protection, there were
approximately 35,000 children confined to 360 state or municipal
institutions that were under the jurisdiction of 5 different government
ministries. Only 2 percent of these children were orphans, but many had
disabilities. Social attitudes towards children with disabilities led
families to institutionalize their children if they had disabilities.
Another 2,900 children were considered at risk and were forced to seek
care in institutions because their families could or would not support
them. Human rights monitors were sharply critical of the serious
deficiencies in government-run institutions for children, including
orphanages, educational boarding schools (reform schools), facilities
for the mentally handicapped, and shelters for homeless children. These
facilities were plagued by inadequate budgets, poorly trained and
unqualified staff, and inadequate oversight. For example, the
Government maintained a sizable network of orphanages throughout the
country. However, many of the orphanages were in disrepair and lacked
proper facilities. NGO monitors further alleged that even food budgets
were highly deficient, with many institutions dependent on the uneven
flow of private donations to feed their charges. Access to medical care
and proper hygiene was poor.
There were few provisions for due process of law for Roma and other
juveniles when they were detained in educational boarding schools run
by the Ministry of Education (see Section 1.e.). Living conditions at
these reform schools were poor, offering few medical, educational, or
social services. Generally, staff members at many such institutions
lacked the proper qualifications and training to care for the children
adequately. Degrading and severe punishment, such as the shaving of a
child's head, reduction in diet, severe beatings, and long periods of
solitary confinement, were common at the schools. Children in these
institutions also did not have adequate access to medical care.
Legislation provides for the court review of sentencing to such schools
and addresses other problems in the reform school system (see Section
1.e.); however, these provisions did not function in practice.
Decisions to commit children to an educational boarding school were
made by local commissions for combating juvenile delinquency, which
generally were not held accountable to any higher authority. Standards
differed among these local commissions in how closely prescribed
procedures were followed. Human rights observers reported that in many
localities, contrary to the law, a child could be held in such a
facility on the basis of a police referral for months before the local
commission convened to make a decision on the case. The U.N.'s Common
Country Assessment for Bulgaria reported in 2001 that the children in
these facilities could be subject to physical abuse and upon leaving
these homes could be emotionally scarred and ill-prepared to face the
outside world.
There was no societal pattern of abuse against children; however,
some Romani children were targets of skinhead violence and arbitrary
police detention (see Section 1.d.); the homeless or abandoned
particularly were vulnerable.
There were reports that family or community members forced some
minors into prostitution. Child prostitution reportedly was
particularly common among Romani youth.
Trafficking in girls was a problem (see Section 6.f.).
Persons with Disabilities.--The law provides for a range of
financial assistance for persons with disabilities, including free
public transportation, reduced prices on modified automobiles, and free
equipment such as wheelchairs; however, budgetary constraints limited
the availability of assistance. A survey during the year by the Center
for Independent Living found that about 82 percent of public buildings
were inaccessible to persons with disabilities. Societal discrimination
against persons with disabilities persisted. Persons with disabilities
had access to university training (students with disabilities were
required to pay the university's initial application fee but were
exempt from tuition if accepted), to housing, and to employment;
however, architectural barriers were a great hindrance in most older
buildings, including schools and universities.
Conditions in institutions for persons with disabilities were poor.
In April Amnesty International (AI) published a report on Sanadinovo
Social Home for Mentally Disabled Women, which was found to be grossly
understaffed and conditions failed to meet international human rights
standards. For example, as punishment, women were held in a cage made
of iron bars and wire; the NGO observers noted that the cage floor was
dirty with human excrement. The report prompted a swift investigation
by the Ministry of Health and the Ministry of Labor and Social Policy,
and the home was closed in July. AI also publicized inhuman conditions
at a home for men with mental disabilities in Dragash Voyvoda, where 22
residents reportedly died of starvation and pneumonia in 2001. The
home's director was fired immediately, and the 147 remaining residents
were scheduled to be relocated by year's end because the premises in
Dragash Voyvoda could not be renovated.
Labor laws intended to protect the interests of persons with
disabilities and create employment opportunities have had a mixed
effect. On the one hand, the law provides incentives for small firms to
hire persons with disabilities; for example, the Bureau of Labor paid
the first year's salary of a disabled employee. On the other hand,
workers with disabilities were entitled to shorter working hours, which
often led to discrimination against them in hiring. According to the
law, any enterprise employing more than 50 persons must hire a certain
number of workers with disabilites (from 3 to 10 percent, depending on
the industry). Those that fail to do so must pay a fine, the proceeds
of which go to a fund for persons with disabilities. Nevertheless, due
to low fines and delays in the judicial system, compliance rates were
extremely low. General unemployment and a poor economy also undermined
initiatives aimed at advancing equal opportunity for persons with
disabilities; the great majority of persons with disabilities were
unemployed.
Policies and public attitudes prevalent during the communist era,
which separated persons with mental and physical disabilities,
including very young children, from the rest of society, have
persisted. Some complained that the effective segregation of children
with disabilities into special schools lowered the quality of their
education. Many children with disabilities were institutionalized.
The law requires improved structural access for persons with
disabilities, and public works have taken the needs of persons with
disabilities into account; for example, Sofia's new subway system was
designed with wheelchair access to stations. However, enforcement of
this law lagged in existing, unrenovated buildings.
National/Racial/Ethnic Minorities.--According to a 2001 census,
ethnic Bulgarians made up 86 percent and ethnic Turks 9 percent of the
population. Ethnic Roma were estimated officially to comprise 4.6
percent of the population; however, their actual share was likely
between 6 and 7 percent, since many persons of Romani descent tended to
identify themselves to the authorities as ethnic Turks or Bulgarians. A
Council of Europe report issued during the year estimated that there
were 600,000 to 800,000 Roma in the country; official statistics
estimated the number of Roma at 371,000. Ethnic Bulgarian Muslims or
Pomaks were a distinct group of Slavic descent whose ancestors
converted from Orthodox Christianity to Islam; they constituted 2 to 3
percent of the population. Most were Muslim, although a number became
atheists or converted to Christianity. Smaller groups, such as Jews and
Armenians, were well integrated into Bulgarian life.
There were no reports of lethal police assaults on Roma; however,
police harassed, physically abused, and arbitrarily arrested some
Romani street children (see Sections 1.c. and 1.d.). Little progress
was in resolving cases of police violence against Roma in previous
years, and these largely remained in the investigatory phase.
In January three Roma were arrested for reportedly assaulting a
police officer in a Burgas area village, breaking his ribs. In March
near Vidin, two Romani minors reportedly killed a non-Romani man during
an attempted robbery. In April a similar killing occurred in the
village of Ivanski, near Shumen.
There were reports of non-Roma/Roma violence. In April 5 or 6
persons attacked a group of 15 Roma as they returned home from a
Pentecostal Church meeting in Pazardzhik. The attackers used bats and
chains. Non-Roma living nearby came to the assistance of the Roma, but
five Roma were hospitalized. Complaints were filed but police made no
arrests by year's end. Also on April 20, a group of skinheads attacked
Roma in a nightclub in the village of Oreshak, near Troyan. On May 26,
private security guards killed 19-year-old Miroslav Zankov at the
abandoned military airport in Gabrovnitsa, near Montana. On August 21,
another private security guard shot and killed 21-year-old Pavel Y. in
Sofia. Both victims allegedly were stealing. Investigations continued
in both cases at year's end, but no charges had been filed.
Much of the violence afflicting Romani communities in the country
during the year was intraethnic. The most significant violence took
place in Vidin. In June members of a rival clan killed 19-year-old
Tsvetelin Petrov, a member of the Zrunkov clan, who allegedly was
ransacking a shop, which started a riot. Police and armored vehicles
were used to restore order, and a man was killed under unclear
circumstances. At the insistence of other Roma, the Government then
sought to disperse the Zrunkovs, who had acquired a reputation within
the local community as troublemakers and usurers, to towns and villages
around the country; however, they encountered nearly universal
hostility from Roma and non-Roma.
In July one member of the Zrunkov clan, Ivan Ivanov, attempted to
set himself on fire in front of the President's office, but guards
quickly extinguished the flames. Also in July, police arrested 16 Roma
in Vidin after they reportedly plundered the houses and property of the
departed Zrunkovs. Additionally in July, in the town of Chirpan, six
Roma (including a 6-year-old child) were injured in fighting between
rival clans. Most of the Zrunkovs were reported to have returned
quietly to Vidin or to have emigrated by year's end.
Severe unemployment and poverty among the Roma, combined with
generally unfavorable attitudes towards Roma among ethnic Bulgarians
and Turks, contributed to strained relations between the Roma and the
rest of society. Economic stress and other factors led to protests or
violence during the year. The most significant disturbances arose in
connection with efforts by some local electricity companies to collect
large unpaid electric bills accumulated by persons living in Romani
neighborhoods.
As individuals and as an ethnic group, Roma continued to face high
levels of discrimination. Roma encountered difficulties applying for
social benefits, and local officials discouraged rural Roma from
claiming land to which they were entitled under the law disbanding
agricultural collectives. Many Roma and other observers made credible
allegations that the quality of education offered to Romani children
was inferior to that afforded most other students. Workplace
discrimination against minorities continued to be a problem, especially
for Roma. Employers justified such discrimination on the basis that
most Roma only had elementary training and little education. Roma
continued to suffer from inadequate access to health care.
Romani activists and NGOs continued to criticize the Government's
lack of progress in implementing its framework program for Romani
integration--the Program for Social Integration of Roma--which was
unveiled in 1999. Aside from the hiring of a number of individual
Romani representatives in various institutions of local, regional, and
national government (see Section 3), there was little discernible
progress in implementing the program.
Nevertheless, there were projects that sought to improve economic
and educational opportunities for Roma, as well as to address the
problem of ineffectual political leadership among the Roma. One program
was the Ethnic Integration and Conflict Resolution project, which began
operations in Vidin and Kyustendil, as well as in Lom where it was
launched in 2000. The project included providing limited funds to small
enterprises which employ Roma, undertaking activities to reduce Romani
drop-out rates and provide tutoring for university enrollment exams,
and creating an Institute for Roma Leaders where young Roma could
develop leadership and conciliation skills. Social aspects of the
project included health education for women, a needed component, since
Roma suffer from inadequate health care. An estimated 90 percent of
Roma never have received routine medical or dental care. Life
expectancy for Roma was 55 years; for ethnic Bulgarians, it was 69
years.
Demands for expulsion of Roma continued. In 2001 in an open letter
sent to Prime Minister Saxe-Coburg, groups claiming to represent Roma
complained of public statements, made by ethnic Bulgarians in some
towns, calling for measures that could lead to further segregation of
the Roma. During the year, the most significant demand for the
expulsion of some Roma came from other Roma in the case of the Zrunkov
clan in Vidin. No new demands by non-Romani groups for the expulsion of
Roma were reported.
The Government and the European Bank for Reconstruction and
Development funded the construction of new apartments in Sofia for Roma
who were displaced in 2001. Approximately 100 families occupied the new
housing; the program was scheduled to continue in 2003, with additional
construction in Plovdiv.
During the year, Roma protested after government-owned local
electricity companies demanded the payment of large unpaid bills that
residents of some Roma communities had accumulated over recent years.
The unrest began in February when Roma in Plovdiv protested a decision
by the local electricity company to cut off power to the mainly Romani
neighborhood of Stolipinovo because of unpaid bills of approximately $3
million (6 million leva). Other places affected included districts in
and around Burgas, where unpaid bills amounted to approximately
$120,000 (240,000 leva), and Sliven. In Sliven many Roma had not paid
their electricity bills for 4 or 5 years. In the northwestern city of
Vidin, where it was eventually agreed, as elsewhere, that a portion of
government welfare payments would go directly to the local electric
company, Roma protested that they would no longer be receiving that
money in cash. There were reports that failure to collect electricity
bills was considered an informal welfare benefit extended by some local
governments to Romani communities.
Beginning in late 2001, the Interior Ministry reserved 20 to 30
places in the Police Academy for minority candidates to address the
serious underrepresentation of ethnic Turks and Roma in the police
agencies. According to the Government, the number of Romani police
officers rose from 59 in 2001 to 158 during the year, including four
officers, 89 sergeants, and 55 police guards. A special Office for
Romani Training Programs was established, and bilingual training
manuals were published. However, ethnic Turks and Roma held no senior
law enforcement positions.
In 2000 the Government completed the transformation of
controversial military construction battalions into a state-owned
company that no longer employed conscript labor. During the year, there
were no reported problems with the integration of ethnic minority
conscripts into the mainstream of the military forces, but there were
few ethnic Turkish or Romani military officers and a small number of
high-ranking officers of the Muslim faith.
Ethnic Turks were represented on the boards of state-owned
companies, such as Bulgartabak Holding, which were involved in the
tobacco industry. However, observers expressed concern over the
socioeconomic implications of the privatization of Bulgartabak for the
sizeable number of ethnic Turks whose livelihood depended on tobacco.
With the privatization of Bulgartabak, the Government no longer
subsidized tobacco growers by buying tobacco above market price.
There were no restrictions on speaking Turkish in public. Voluntary
Turkish-language classes in public schools, funded by the Government,
continued in areas with significant Turkish-speaking populations,
although some observers complained that the Government discouraged
optional language classes in areas with large concentrations of
Muslims. The Ministry of Education estimated that approximately 40,000
children studied Turkish. Some ethnic Turkish leaders continued to call
for compulsory Turkish-language classes in areas with significant
ethnic Turkish populations, but support for these views was muted
during the year since the MRF became part of the Government. During the
year, the Interior Minister and the Vice President both publicly
apologized to the Turkish minority for the renaming campaign in the
1980s.
Ethnic Bulgarian Muslims, often called Pomaks, remain in an
ambiguous position. In the town of Yakoruda, local officials refused to
recognize Pomak identity, and those calling themselves Pomaks or
Bulgarian Muslims alleged discrimination by government officials.
Several years ago, a local prosecutor reportedly refused to register a
new NGO whose name included the word Pomak, but the NGO eventually was
registered under a different name. Nevertheless, local officials
reportedly continued to hamper the activities of the NGO after they
learned that its members identified themselves as Bulgarian Muslims.
The media reported that a draft report prepared by the National
Council on Ethnic and Demographic Issues (NCEDI) on the 1999 Framework
Agreement and intended for the European Union Parliamentary Assembly
stated that it was wrong not to recognize Macedonian and Pomak
minorities. The report also stated that Article 14 of the Constitution,
which forbids the creation of ethnic, racial, and religious parties,
was discriminatory and limiting. The leader of the nationalist Internal
Macedonian Revolutionary Organization expressed alarm at alleged plans
by the Government to recognize the existence of Macedonian and Pomak
minorities. The chief of the NCEDI later denied that the report
included any such suggestion.
There were no restrictions on the use of non-Slavic names; however,
both ethnic Turks and Bulgarian Muslims complained that the procedures
for restoring their original names (after they had been forced to adopt
Slavic names during the 1970s and 1980s) were excessively burdensome
and difficult to accomplish.
Several thousand persons, mainly in the southwest, identified
themselves as ethnic Macedonians, most for historical and geographic
reasons. Members of the two organizations that purported to defend
their interests, OMO-Ilinden and TMO-Ilinden, were believed to number
in the hundreds (see Section 2.b.). The Government did not recognize
Macedonians as a distinct ethnic group, and the group was not
enumerated in official government census statistics.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of all workers to form or join trade unions of their choice, and
workers exercised this right.
Estimates of the unionized share of the work force ranged from 30
to 50 percent, but this share continued to decrease as large firms laid
off workers, and most new positions appeared in small, nonunionized
businesses. The two largest trade union confederations were the
Confederation of Independent Trade Unions of Bulgaria (CITUB) and
Podkrepa, which together represented the overwhelming majority of
organized workers. Trade unions were required to demonstrate their
membership strength through a periodic census of their members;
however, employer representative organizations were not similarly
required to disclose who they represented in the trilateral process.
Doctors and dentists expressed dissatisfaction with their
government-imposed union structure. The trade unions alleged that this
organization was not truly a labor representative organization but
simply a government-mandated fee collection agency. They also believed
that it impeded the opportunity for a genuine trade union to represent
medical professionals.
The Labor Code's prohibitions against antiunion discrimination
include a 6-month period for redress against dismissal as a form of
retribution. However, there was no mechanism other than the courts for
resolving complaints, and the burden of proof in such a case rested
entirely on the employee. In several instances in the past, an employer
was found guilty of antiunion discrimination, but the employers
appealed the decisions. The backlog of cases in the legal system
delayed further action, effectively postponing, perhaps indefinitely,
redress of workers' grievances.
The labor movement remained concerned about the widespread use of
temporary contracts to evade provisions for worker protections for
permanent staff. Many workers, who effectively were permanent staff,
were hired under short-term contracts that were renewed at the end of
each month or each quarter. When an employer decided to fire someone,
the employer could do so legally by simply not renewing the person's
contract, rather than initiating a severance action that could entail
payment of benefits.
There were no restrictions limiting affiliation or contact with
international labor organizations, and unions actively exercised this
right.
b. The Right to Organize and Bargain Collectively.--The Labor Code
provides for collective bargaining, which was practiced nationally,
regionally, and on the local level; however, labor unions complained
that while the legal structure for collective bargaining was adequate,
many employers failed to bargain in good faith or to adhere to
agreements that were concluded. Labor observers also viewed the
Government's enforcement of labor contracts as inadequate. The legal
prohibition against striking for key public sector employees weakened
their bargaining position; however, in the past, these groups were able
to influence negotiations by staging protests and work slowdowns, and
engaging in other pressure tactics without going on strike (see Section
6.a.).
The Labor Code provides for the right to strike when other means of
conflict resolution have been exhausted; however, political strikes
were forbidden, and workers in essential services (primarily the
military and the police) were subject to a blanket prohibition against
striking. Such workers on occasion held effective strikes in which they
stopped or slowed their activities for 1 or 2 hours. The CITUB
confederation argued that the number of workers classified as essential
and ineligible to strike was excessive and unfairly restricted the
right of many civil servants to exercise their worker rights.
The obligation to bargain collectively and adhere to labor
standards applied to the country's six export processing zones, and
unions could organize workers in these areas.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced and bonded labor, including by children; however,
there were reports that such practices occurred (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code sets the minimum age for employment at 16
years; the minimum age for dangerous work is 18. Employers and the
Ministry of Labor and Social Policy (MLSP) were responsible for
enforcing these provisions. Child labor laws generally were enforced
well in the formal sector, but NGOs believed that children increasingly
were exploited in certain industries (especially small family-owned
shops, textile factories, restaurants, family farms, construction, and
periodical sales) and by organized crime (notably for prostitution and
distribution of narcotics), where they often faced illegal conditions.
There were no official statistics on child labor. An International
Labor Organization (ILO)-commissioned report, Problems of Child Labor
in the Conditions of Transition in Bulgaria, published the results of a
study conducted during 2000, which found that 6.4 percent of children
between the ages of 5 and 17, or approximately 80,000 children, were
involved in paid employment in the informal sector. Of these children,
55 percent were between the ages of 15 and 17, while 45 percent were
under 15. The study estimated that 32.3 percent of children between the
ages of 5 and 17 worked on family farms, while 41.8 percent worked at
home. Only 14 percent of children did not work. The study estimated
that 8.3 percent of children performed heavy physical labor while 4.2
percent performed activities hazardous to their health such as plowing,
bailing hay, caring for livestock, stringing tobacco and working
excessive hours. Ethnic Turkish children were particularly at risk of
having to perform heavy physical or hazardous labor on family-owned
tobacco farms. The study estimated that 0.8 percent of children, or
approximately 10,000, practiced begging.
Children's workdays often exceeded the 7-hour maximum set by the
Labor Code, and sometimes children did not receive overtime pay for
hours worked. Underage employment in the informal and agricultural
sectors was believed to be increasing because of the breakup of
collective farms and the growing private sector. Local NGOs reported
that children worked on non-family-owned farms for meager monetary or
in-kind wages (e.g., food). NGO observers also reported that
institutionalized children often hired themselves out for agricultural
labor for a modest income during periods when they were allowed out of
residential facilities.
In 2000 the country ratified ILO Convention 182 on the Worst Forms
of Child Labor; however, the National Assembly has not adopted
implementing legislation.
e. Acceptable Conditions of Work.--In 2001 the Government increased
the monthly minimum wage from approximately $43 (85 leva) to $50 (100
leva). The average industrial wage was approximately $123 (246 leva).
Nonpayment of wages and wage payments in arrears was a growing problem
with certain employers, including state enterprises. The CITUB labor
confederation estimated that there was an overall backlog of $50
million (100 million leva) in unpaid wages owed to public sector
workers and workers in enterprises which were wholly or partly state-
owned. The Constitution stipulates the right to social security and
welfare aid assistance for the temporarily unemployed, although in
practice such assistance often was late.
The Labor Code provides for a standard workweek of 40 hours with at
least one 24-hour rest period per week. The MLSP was responsible for
enforcing both the minimum wage and the standard workweek. Enforcement
generally was effective in the state sector (aside from dealing with
wage arrears) but was weaker in the private sector.
There was a national labor safety program, with standards
established by the Labor Code. The Constitution states that employees
are entitled to healthy and nonhazardous working conditions, and the
MLSP was responsible for enforcing these provisions. However,
conditions in many cases continued to worsen due to budget constraints
and the growth of a private sector that labor inspectors did not
supervise effectively. Protective clothing often was absent from
hazardous areas (for example, goggles for welders and helmets for
construction workers). The pervasive economic crisis and imminent,
long-overdue privatizations contributed to a heightened fear of
unemployment, leading to reluctance on the part of workers to pursue
wage and safety demands. The law requires joint employer and labor
health and safety committees to monitor workplace conditions; however,
implementation was slow and these committees remained in developmental
stages at year's end.
Under the Labor Code, employees have the right to remove themselves
from work situations that present a serious or immediate danger to life
or health without jeopardy to their continued employment. However, in
practice, refusal to work in situations with relatively high accident
rates or associated chronic health problems resulted in the loss of
employment for many workers.
f. Trafficking in Persons.--In October the National Assembly
amended the penal code to make trafficking in persons a criminal
offense; however, trafficking in women and girls was a serious problem,
and the country remained a source, transit country, and destination for
trafficked persons. There was no evidence of a pattern of official
complicity in trafficking, although a number of law enforcement
officers and other government authorities were involved in trafficking.
The punishment for trafficking in persons may include 1 to 8 years
in prison and fines up to $4,000 (8,000 leva). If aggravated
circumstances exist--e.g., a minor or kidnaping was involved--penalties
increase to 2 to 10 years in imprisonment and fines of up to $5,000
(10,000 leva). A variety of additional laws could be used to prosecute
persons for activities often associated with trafficking. Inducement to
prostitution is punishable by up to 3 years' imprisonment, and the
penalty rises to 10 to 20 years if the crime was performed by or
through an organized crime group, if the victim was a minor under age
18 or legally incompetent, if two or more persons were induced into
prostitution, or if the offense was repeated. Law enforcement officials
complained that because the minimum penalty was less than 5 years'
imprisonment, they were not permitted to use special investigative
techniques, such as wiretapping, to deal with traffickers.
The Government investigated cases of trafficking; however, no
suspected traffickers were brought to trial during the year, possibly
because victims were afraid to confront their former criminal
controllers in the absence of government-sponsored programs to assist
or protect victims of trafficking. Some judges and prosecutors also
reported that they feared reprisals from organized crime figures. There
were two police units that specifically addressed the problem of
trafficking in persons. One was part of the National Border Police and
the other was in the Ministry of Interior's organized crime fighting
agency, the National Service for Combating Organized Crime (NSBOP). In
2001 an interagency trafficking task force was established including
the National Border Police and the NSBOP. During the year, it executed
65 search warrants, arrested 40 persons, and freed approximately 200
women and girls. Of these, an estimated 10 to 15 percent were victims
of forced prostitution. The remainder appeared to have some awareness
of their prospective work or their employers' intentions and methods.
Approximately 60 to 65 percent of the women freed were citizens of the
country.
Victims overwhelmingly were women and girls trafficked for the
purposes of prostitution. Government authorities and NGO observers
reported that thousands of Bulgarian women, as well as women from
Romania, Moldova, Russia, Ukraine, Armenia, Azerbaijan, and Georgia,
were trafficked for sexual exploitation to Macedonia, Greece, Turkey,
Yugoslavia (including Kosovo), Bosnia, Italy, Poland, and Western
Europe. La Strada, a Netherlands-based NGO, reported that Bulgarian
women constituted one of the largest groups of victims of forced
prostitution in Western and Central Europe. According to NGO sources,
as many as 10,000 Bulgarian women, many from the Romani community or
under the age of 18, could be involved in international trafficking
operations. A 2001 report from the ILO's International Program on the
Elimination of Child Labor estimated the number of child prostitutes at
3,800 based on rough data from police and from skin and venereal
disease clinics. There were no official statistics; however, law
enforcement authorities believed that the number was approximately
3,500. The AAF reported that from January to June it assisted 53 female
victims of trafficking, of whom 11 were adolescents. The Romani
community, with limited economic opportunity, was disproportionately
represented. The bulk of clients were assisted by an AAF help line (see
Section 5).
Girls and young women often were approached by persons who gained
their trust, frequently other young women and acquaintances or persons
introduced by mutual friends, who described glamorous work
opportunities abroad. Some were sold into bondage to traffickers by
relatives. Victims of trafficking ranged from those who were deceived
into believing that they would have good and respectable employment to
those who expected to work as prostitutes but were unprepared for the
degree of violence and exploitation to which they would be subjected.
Unaccompanied young women trying to cross the border into Macedonia,
Romania, or Turkey reportedly could be at some risk of being abducted
into trafficking. There were reports of women or girls who were denied
access into Turkey for lack of a visa or means to pay for one being
befriended by traffickers or abducted by taxi drivers at the border and
sold to traffickers. Organized crime groups were responsible for human
trafficking, although they could use various front companies to pose as
employment agencies or tour operators.
The process of transforming girls into prostitutes generally took
place before they left the country. The women typically were taken to a
large town, isolated, beaten, and subjected to severe physical and
psychological torture. Some trafficking victims from countries to the
east were kept in the country for several weeks where they were
subjected to psychological and physical abuse to make them more
submissive before they were transported to their destination points.
Once the women left the country, their identity documents were taken
away, and they found themselves forced to work as prostitutes in cities
across Europe. Victims routinely reported that traffickers took away
their passports and visas and forced them to stay illegally in
countries. The women were required to pay back heavy financial debts to
the agency that helped them depart the country, leaving them in virtual
indentured servitude. Traffickers punished women severely for acts of
disobedience and threatened the women's families and family reputations
to ensure obedience.
It was widely believed that some law enforcement officers or other
government authorities were complicit in human trafficking, including
local authorities, border police officers, and customs officials. The
bulk of involvement appeared to consist of accepting bribes to look the
other way, although some officers could have been more involved. Those
involved in facilitating trafficking overwhelmingly were low-level,
low-paid officials in the provinces and border regions. While in
principle the Government took the problem of trafficking seriously, in
practice it used ineffective methods and had a weak record in
investigating and prosecuting corruption or misconduct in the police
(see Section 1.c.).
The Government did not have a witness protection program, and
witnesses often feared retaliation if they testified. The Government
had a provision for victims to provide an anonymous sworn deposition to
be used in court, but an anonymous deposition was required to be
corroborated to obtain a conviction. Victims generally were not jailed,
although they could be detained for brief periods for questioning until
referred to an NGO for assistance and repatriation. Victims who were
not in legal immigration status and who did not accept voluntary NGO-
assisted repatriation were deported.
The Government did not assist victims of trafficking who returned
to the country, and there were few social benefits for such victims.
Many victims of trafficking and forced prostitution were too young to
have worked previously, which disqualified them from receiving social
security assistance. If victims were runaways with no registered
address, they were ineligible for humanitarian assistance. Many victims
also largely were ineligible for government assistance programs, most
of which were in some way tied to previous employment status. The
International Organization for Migration (IOM) assisted victims in
meeting short-term needs and arranged for repatriation to the victim's
home country.
Prevailing public attitudes often stigmatized victims, although
there were some signs that this could be changing slowly. The AAF
operated a 24-hour hot line for women in crisis, including victims of
trafficking, with trained volunteers as well as professional therapists
to counsel victims. The hot line also provided volunteers to assist
victims in obtaining other necessary services including medical exams
and treatment, reissued identity documents, and information on housing
and employment opportunities. The AAF also operated a short-term
emergency shelter for women and children who were victims of violence.
The Government did not operate any trafficking prevention programs.
The IOM continued its trafficking awareness campaign that began in
2000. However, during the year, the IOM stated that the Ministry of
Education did not cooperate fully in its effort to institutionalize
awareness programs for teenagers in classrooms.
__________
CROATIA
The Republic of Croatia is a constitutional parliamentary democracy
with an independent presidency. President Stjepan Mesic (formerly of
the Croatian People's Party, but now independent) was elected in
February 2000 to a 5-year term. International observers characterized
the elections as ``calm and orderly,'' noting that, in general,
``voters were able to express their political will freely,'' although
there were some problems. The President serves as Head of State and
commander of the armed forces and nominates the Prime Minister who
leads the Government. Ivica Racan of the Social Democratic Party (SDP)
is Prime Minister. In January 2000 parliamentary elections, a
democratic coalition defeated the then-ruling Croatian Democratic Union
(HDZ) party. The Organization for Security and Cooperation in Europe
(OSCE) observers stated that the parliamentary elections represented
``marked progress'' toward meeting OSCE standards. The combination of a
new President, a democratic coalition in Parliament, and constitutional
reforms in 2000 increased the transparency of the role of the President
and government. The Constitution provides for an independent judiciary;
however, the judiciary continued to suffer from inefficiency and
funding problems, as well as some political influence at the local
level.
The Ministry of Interior oversees the civilian national police, and
the Ministry of Defense oversees the military and military police. The
national police have primary responsibility for internal security; but,
in times of disorder, the Government and President may call upon the
army to provide security. Civilian authorities generally maintained
effective control of the security forces. Security forces committed a
few abuses.
The Government has pursued economic reforms including
privatization, public sector reductions, pension reforms,
anticorruption legislation, and reforms of banking and commercial laws.
In June 2001, the Government adopted a development strategy to
transform socialist-era structures into a functioning market economy.
The population of the country was 4,437,000 and per capita gross
domestic product was approximately $4,994, an increase of 8 percent
over 2001. The International Labor Organization (ILO) estimated that
the unemployment rate was approximately 15 percent.
The Government generally respected the human rights of its
citizens; however, although there were some improvements, serious
problems remained. There were instances of arbitrary arrest and lengthy
pretrial detention. The Government continued to arrest and charge
persons for war crimes committed during the 1991-95 conflicts in Bosnia
and Croatia. Domestic courts continued to adjudicate war crimes cases,
taking steps to depoliticize cases against ethnic Serbs and opening or
reopening investigations of members of Croatian military forces.
However, ethnic Serbs remained incarcerated after being convicted in
nontransparent politicized trials in past years. Reforms in the courts
and prosecutor's offices resulted in some improvements in the
judiciary; however, courts convicted persons in mass trials and in
absentia, particularly in Eastern Slavonia. The courts continued to be
subject to some political influence and suffered from bureaucratic
inefficiency, insufficient funding, and a severe backlog of cases. At
times the Government infringed on privacy rights; restitution of
occupied property to refugees (mostly ethnic Serb) returning to the
country remained slow and problematic.
The Government generally respected freedom of speech and press;
however, a few problems remained. Unlike the previous regime, the
Government did not interfere politically in the media's editorial
decisions; however, at the local level, political pressure on the media
continued, and an estimated 1,200 libel lawsuits against journalists
remained pending due to backlogs in the judicial system. A new Law on
Associations reduced governmental interference in the formation and
operation of associations and nongovernmental organizations (NGOs) and
created tax incentives for donors supporting them. The Government
generally respected freedom of religion; however, restitution of
nationalized property remained an unresolved problem for the religious
communities. Lack of progress on private property restitution and
resolution of the right to previously socially-owned property, along
with severe economic difficulties in the war-affected areas, continued
to impede returns of refugees. Cooperation with the International
Criminal Tribunal for the Former Yugoslavia (ICTY) was on track until
September, when the Government refused to fulfill its obligations as
ICTY's agent in the case of indicted former General Bobetko; by year's
end, the Government took actions to come into formal compliance with
ICTY procedures, although the final outcome of the case was pending.
Violence and discrimination against women persisted. There were
some incidents of violence and harassment of religious minorities.
Ethnic minorities, particularly Serbs and Roma, faced serious
discrimination, including occasional violence. While some progress was
made, ethnic tensions in the war-affected areas remained high, and
abuses, including ethnically motivated harassment and assaults,
continued to occur. Trafficking in women was a problem. Croatia was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
There were no arrests in the 2000 killing of Milan Levar, a former
police officer who had provided information to the ICTY tribunal about
the 1991 massacre of civilians in the town of Gospic.
Throughout the country, the bodies of 3,356 victims missing from
the 1991-95 war have been exhumed from mass and individual graves (see
Section 1.b.).
Domestic courts continued to adjudicate cases arising from the
1991-95 conflicts in Croatia and Bosnia. Courts opened and reopened
several war crimes cases involving Croatian forces, but despite their
increased number, questions remained about the criminal justice
system's ability to conduct fair and transparent trials in these
complex and emotionally charged cases. Observers blamed inadequate
training, shortcomings in the legal code, chronic witness intimidation,
and an often-hostile local public as hampering the war crimes process.
In December 2001, four Croatian police officers were acquitted of
war crimes charges for killing six prisoners of war in 1991 in
Bjelovar. A key prosecution witness changed his testimony at the trial,
and the presiding judge accepted the changed testimony without
question. There was widespread speculation that the witness was
pressured to change his testimony. In January the Bjelovar county
prosecutor filed an appeal, which remained pending at year's end. In a
closely related case at the same court, in January three of the same
four police officers were found guilty of torturing imprisoned Serb
civilians in 1991 in Virovitica; the fourth defendant was acquitted.
They were each sentenced to 1 year in prison. In February the
defendants' attorney filed an appeal with the Supreme Court, which
remained pending at year's end.
In September the retrial of Mihajlo Hrastov, a former member of the
Karlovac Police Special Forces, for the murder of 13 Yugoslav National
Army prisoners of war near Karlovac in 1991, ended at the Karlovac
County Court in acquittal. The Court accepted the defendant's claim
that he had acted in self-defense. The same court had acquitted Hrastov
of the same charge in a politicized trial in 1992. Although the retrial
began in 2000, it was restarted twice, first in 2001 and again in 2002
due to excessive delays between hearings. In addition, the retrial did
not begin for more than 3 years following the Supreme Court's decision
ordering a new trial. A prosecution decision on whether to appeal the
acquittal was pending at year's end.
The trial of four retired Croatian soldiers, charged with killing
two elderly Serb civilians near Sibenik in 1995, ended with their
acquittal in September. The Court based its decision on a lack of
material evidence and eyewitnesses. The prosecution announced its
intention to appeal the ruling and seek a retrial. The case drew public
attention when a lay judge excused himself under suspicious
circumstances just as the verdict was to be rendered. The trial was
accompanied by allegations of intimidation of international and
domestic court observers.
In November the high-profile ``Lora'' war crimes case against
military police officers indicted for torture and murder of ethnic
Serbs in the Lora naval prison in Split in 1992-1993 ended with the
acquittal of all eight defendants. The presiding judge, Slavko Lozina,
acknowledged that there had been torture in the prison and that two
people had died but stated that there was no evidence against the
defendants. He also publicly refused to qualify mistreatment cases as
war crimes, claiming that no war crimes were possible given that
opposing forces did not occupy Split, and that the Serb prisoners were
Croatian citizens. The Prosecution announced that an appeal would be
made upon receipt of the written verdict, which was pending at year's
end. Local NGOs monitoring the trial, including the Center for
Development of Democracy and Altruism, expressed concern over perceived
breaches in legal procedure, such as the court's decision not to admit
as evidence witness statements taken in court in Belgrade. There were
numerous other irregularities in the trial, including threats against
witnesses and their families and Lozina's July order releasing from
detention the defendants, two of whom failed to return when ordered
back into detention by the Supreme Court. Lozina's handling of the case
led to charges of obstruction of justice and favoritism toward the
defense. Both the Ministry of Justice and the Supreme Court launched
inquiries into the behavior of Judge Lozina, although no official
sanction had been issued by year's end. The Dalmatian Human Rights
Committee, a local NGO, urged the Government to investigate the
allegations about torture and murders in Lora prison and assisted
efforts to locate witnesses, many of whom reside in Yugoslavia and
Bosnia. Key prosecution witnesses refused to travel to Split from
Yugoslavia because of the judge's perceived bias and fears that their
security could not be guaranteed.
In contrast, the war crimes trial against five persons (including
Tihomir Oreskovic and Mirko Norac) for the 1991 massacre of ethnic Serb
civilians in the town of Gospic appeared to proceed fairly and
smoothly. The trial began in 2000, and in September the maximum 2-year
detention expired for two defendants, including Oreskovic. The Supreme
Court, however, ruled that the newly revised Criminal Procedure Code
permitted extending the period of detention to 3 years in the case of
such grave crimes, and both defendants were returned to prison. In
September court officials traveled to Belgrade and in October to
Germany to hear testimony by witnesses, who had fled Gospic during the
war, and dismissed a defense motion that the Belgrade testimony be
barred because it was delivered in Yugoslavia. In September the County
Prosecutor in Rijeka requested an investigation into one of the
defendants in the Oreskovic case, Ivica Rozic, who was accused of
planting explosive devices in the homes of Serb returnees in the Gospic
area between 1996 and 1998. The County Court in Gospic was conducting
an investigation at year's end.
In July the Karlovac County Court convicted and sentenced Bosnian
Muslim warlord Fikret Abdic to 20 years in prison, the maximum sentence
available. Evidence provided by Bosnian authorities implicated Abdic in
the deaths of 121 civilian detainees and 3 military prisoners between
1993 and 1995 in prison camps set up by Abdic in northwestern Bosnia.
In 2001 the Constitutional Court ordered a retrial in the case of
former Croatian policeman Antun Gudelj, who was convicted and then
improperly amnestied in 1997 for the 1991 murder of Osijek police chief
Josip Reihl-Kir. At the time of his death, Reihl-Kir had been
negotiating between ethnic Croats and Serbs to ease tensions in the
region. In December 2001, the Government sought Gudelj's arrest and
extradition from Australia, where he has resided since 1997; at year's
end, bilateral legal discussions continued on this case.
In 2001 the Supreme Court ordered the release of two Bosnian Croat
suspects who had been detained in connection with the 1993 Ahmici
massacre in central Bosnia, after they had been held 6 months--the
legal maximum for detentions--without charges. The 2000 retrial of 6
former Croatian soldiers charged with the 1995 massacre of 16 elderly
Serbs in the villages of Varivode and Gosici was discontinued in
February when the county prosecutor dropped the charges against the
defendants due to a lack of evidence. No new suspects were indicted by
year's end.
During the year, the Government took some steps to depoliticize
cases against ethnic Serbs. The OSCE reported that at year's end it was
monitoring 59 ongoing war crimes cases against ethnic Serbs. In October
Zadar County Court sentenced Zorana Banic, an ethnic Serb accused of
war crimes against civilians in Skabrnja in 1991, to 13 years in
prison. In a previous in absentia trial she had been given a maximum
20-year sentence. The indictment included participation in the murder
of 34 civilians. International monitors considered it a fair trial.
Courts continued the practice of convicting persons in mass trials.
For example, the March 2001 mass trials in the ``Tompojevci group''
case resulted in absentia convictions on war crimes charges for 15
defendants, and in June the Supreme Court confirmed 9 of these
convictions.
During the year, six persons were killed in landmine incidents,
most caused by landmines laid during the 1991-95 war. The Croatian Mine
Action Center reported that from 1991 through the end of the year,
1,395 land mine incidents were recorded in which 429 persons were
killed.
b. Disappearance.--There were no reports of politically motivated
disappearances.
Government figures at year's end showed that 1,317 persons (mostly
ethnic Croats) remained missing in unresolved cases from the 1991-95
military conflict. The bodies of 3,356 victims have been exhumed from
mass and individual graves since the war, including 253 during the
year, of which 2,745 have been positively identified (including 147
during the year). During the year, there was significant progress on
the exhumation and identification of the remains of ethnic Serbs as
well as ethnic Croats. The Government cooperated and collaborated
closely with the international community on exhumations and
identifications of remains; during the year, the process focused
primarily on ethnic Serbs (for example, 199 of the 253 exhumations in
the first half of the year were believed to be ethnic Serbs). With the
ICTY and international experts serving primarily as monitors, the
Government handled most exhumations and identifications itself. For
example, out of 23 exhumations during the year, of which 20 were mass
gravesites, only 3 were conducted in cooperation with the ICTY. In
September the Government signed an agreement registering the
International Commission on Missing Persons (ICMP) as an
intergovernmental organization; since 1996 the ICMP has worked in
Croatia on recovery, identification of remains, and assisting the
families of missing persons.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits torture, mistreatment, or cruel
or degrading punishment, and the authorities generally observed these
prohibitions in practice.
Widespread ethnic tension between ethnic Serb and Croat police
officers existed, particularly in the Danubian region, where some Croat
officers were laid off in order to maintain proportionality in the
ethnic mix of the police force as required by the 1995 Erdut Agreement.
The Government appeared to fulfill its obligation under the Agreement
to maintain ``proportionality'' in the numbers of ethnic Serb and Croat
police officers in Eastern Slavonia. Problems in the police force
included poor investigative techniques, insensitivity to ethnic issues,
indecisive middle management, and pressure from hard-line local
politicians. These factors impeded development of local police
capability.
Prison conditions generally met international standards. Jails were
crowded, but not excessively, and family visits and access to counsel
generally were available to prisoners. Men and women were held
separately, juveniles were held separately from adults, and pretrial
detainees were held separately from convicted prisoners.
The Government permitted visits by independent human rights
observers, and such visits by both international organizations and
domestic NGOs occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, the Government did
not always respect this right in practice. Police normally obtain
arrest warrants by presenting evidence of probable cause to an
investigative magistrate. Police may make arrests without a warrant if
they believe a suspect might flee, destroy evidence, or commit other
crimes; such cases of arrests without warrants were not uncommon. The
police then have 24 hours to justify the arrest to a magistrate.
Detainees must be given access to an attorney of their choice
within 24 hours of their arrest; if they have none and are charged with
a crime for which the sentence is over 10 years' imprisonment, the
magistrate appoints counsel. The magistrate must, within 48 hours of
the arrest, decide whether to extend the detention for further
investigation. Investigative detention generally lasts up to 30 days,
but the Supreme Court may extend the period in exceptional cases (for a
total of not more than 6 months, or 12 months in serious corruption/
organized crime cases). Once the investigation is complete, detainees
may be released on their own recognizance pending trial unless the
crime is a serious offense or the accused is considered a public
danger, may influence witnesses, or is a flight risk. Suspects
generally were held in custody pending trial, and there were several
cases of suspects held in pretrial detention for several months on weak
evidence. The option of posting bail after an indictment is available
but was not commonly exercised.
The Government granted amnesty under the 1996 Amnesty Law (which
amnestied acts of rebellion by ethnic Serbs) to several individuals
during the year, particularly returning ethnic Serb refugees. In July
the State Prosecutor directed local prosecutors to review old war
crimes cases to determine whether sufficient evidence existed to
proceed with prosecution. Arrests of ethnic Serbs for war crimes
continued but decreased throughout the year. During the year, 34 Serbs
and 3 Croats were arrested on war crimes charges, and 21 Serbs and 13
Croats were released. In some cases of arrest on war crimes charges,
the subject was released a few days after charges were dropped;
however, in other cases, persons were detained for long periods. The
inability of trial judges to issue written verdicts was the leading
cause of detention beyond the legal 6-month limit. For example, in the
Abdic case (see Section 1.a.), the county court issued a verdict in
July; however, because no written verdict has been issued, the appeal
process had not begun by year's end. Similarly, Miljan Strunjas, who
was convicted in February in Karlovac County Court, appealed his case
but remained in detention because there has been no written verdict.
Over the last few years, several ethnic Serb defendants convicted in
absentia or at nontransparent trials continued to be held in detention
for extended periods while their appeals progressed slowly through the
overburdened judicial system.
In April the Osijek County Court convicted six Serbs arrested in
2000 on war crimes charges. Two of the convicted persons remained in
detention, and the others were released while their appeals were
pending before the Supreme Court because the length of time they had
been detained matched or exceeded the period of time to which they were
sentenced.
Observers reported a decline in the practice of police summoning
ethnic Serbs to police stations for ``voluntary informative talks,''
which amounted to brief warrantless detentions intended to harass Serb
citizens.
The Constitution prohibits forced exile of citizens, and the
Government did not employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
autonomous and independent judiciary; however, the judiciary continued
to suffer from some political influence, a backlog of nearly 1.4
million cases, and funding and training shortfalls.
The judicial system consists of municipal and county courts,
commercial and misdemeanor courts, an administrative court, and the
Supreme Court. The independent Constitutional Court determines the
constitutionality of laws, governmental acts, and elections, and serves
as the court of final appeal for individual cases. Justices of the
Constitutional Court are elected for 8-year terms by Parliament, while
all other judges are appointed for life. A parallel commercial court
system adjudicates commercial and contractual disputes. The State
Judicial Council (consisting of 11 members serving 8-year terms), which
is independent of both the judiciary and the Ministry of Justice, is
charged with the appointment and discipline, including removal, of
judges. In the past, the State Judicial Council was criticized for
making politically influenced decisions. A July 2001 law, which created
a similar council for public prosecutors, enabled the well-respected
Chief State Prosecutor to renominate or replace the chiefs of municipal
and county prosecutors' offices. The process of renominating or
replacing the county court presidents--which was undertaken pursuant to
the 2000 Law on the Courts--neared completion by year's end.
Judges are prohibited constitutionally from being members of
political parties. Over the past 2 years, the judiciary was subject to
far less political influence than previously, although there continued
to be reports of political influence at the local level. Hard-line
judges appointed by the previous government, who at times made
decisions in a nontransparent manner seemingly at odds with the
evidence or the law, also continued to be a problem. The greatest
problems facing the judiciary were outmoded procedural codes and court
rules, inexperienced judges and staff, bureaucratic inefficiencies, and
funding shortfalls, which created a massive backlog of over 1 million
cases, some dating back 30 years or more. The inexperience of young and
newly appointed judges continued to be a problem, and there continued
to be areas without permanent judges.
Although the Constitution provides for the right to a fair trial
and a variety of due process rights in the courts, at times citizens
were denied these rights. Excessive delays, particularly in civil
trials, remained a problem. Courts tried and convicted persons in
absentia for war crimes. Courts convicted persons in mass trials and in
trials with weak supporting evidence, particularly in Eastern Slavonia.
In March 2001, mass trials in the ``Tompojevci group'' case resulted in
the in absentia convictions of nine ethnic Serbs (see Sections 1.a. and
1.d.). In May the Osijek County Court convicted and sentenced in
absentia 12 Serbs in the ``Branjina'' case. In June and July, the
Vukovar County Court continued in absentia trials against 6 Serbs in
the ``Vukovar Group I'' case and against 11 Serbs in a retrial in the
``Bapska'' case.
Activities that should have qualified for amnesty under the 1996
Law on General Amnesty were classified mistakenly and prosecuted as
common crimes or war crimes, although this practice declined and was
under review by the Public Prosecutor. For those who had previously
exhausted their appeal procedures, there was no mechanism to review
their cases.
Nevertheless, the courts continued to adjudicate war crimes cases
arising from the 1991-95 conflicts in Bosnia and Croatia, initiated
investigations into several allegations involving Croatian forces, and
took steps to depoliticize cases against ethnic Serbs. For example, the
chief State Prosecutor initiated a case-by-case review of war crimes
cases and sought to limit sharply the use of in absentia proceedings.
County prosecutors were under instructions not to initiate criminal
proceedings or in absentia proceedings without consultation with the
State Prosecutor.
In past cases regarding property claims, courts overwhelmingly
favored ethnic Croats over ethnic Serbs, particularly in the Danubian
region (see Section 1.f.).
At year's end, approximately 21 individuals remained incarcerated
on war crimes or related charges based on politicized or nontransparent
trials held under the previous regime. There were no other reports of
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, at
times the Government infringed on these rights with respect to the
restitution of property.
Search warrants may be issued only by a court, which must justify
the search. Police may enter a home without a warrant or the owner's
consent only to enforce an arrest warrant or prevent serious danger to
life or property. The Constitution provides for the secrecy and safety
of personal data, and the Government generally respected these
provisions in practice.
The restitution of occupied private property to (mostly ethnic
Serb) refugees returning to the country remained a problem. The
Government continued to give preference to the rights of temporary
occupiers (mostly ethnic Croats) over those of the legal owners. Few
property owners were able to recover their prewar dwellings and the
issue of former-tenancy rights holders of socially-owned property
remained largely unaddressed, preventing these persons (mostly ethnic
Serbs) from returning to their prewar apartments.
Despite a 1998 Constitutional Court ruling that declared several
elements of the Law on the Temporary Takeover of Specified Property
unconstitutional, the many thousands of ethnic Serb property owners,
who fled homes that were later occupied by ethnic Croats, remained
unable to access their property. In July 2001, the Government completed
a case-by-case review of housing units that were distributed for
temporary occupancy by the previous regime (often homes of ethnic Serbs
who fled the conflict that were allocated to Bosnian Croat settlers).
The housing survey provided data to facilitate eventual returns and
property restitution; at year's end, 7,099 of 18,396 housing units
remained occupied. Many of the occupants of these units were subject to
immediate eviction, either because they had received reconstruction
assistance for their own houses or because they were multiple or
illegal occupants. However, in practice evictions rarely were
implemented, and in most cases they were postponed, rescheduled, or
simply not scheduled at all. Backlogs in the judicial system were a
further impediment to timely resolution of housing disputes.
Local housing commissions, which previously either failed to
resolve housing disputes or were powerless legally to implement their
decisions, were dismantled by the end of August as a result of July
amendments to the Law on Areas of Special State Concern (LASSC). The
commissions were municipally based administrative bodies, significantly
influenced by the local environment and in many cases highly
politicized and unable to represent legitimate owners in court
proceedings. In September the Government's Office of Displaced Persons
and Refugees assumed responsibility for property repossession. The
State Attorney is responsible for conducting the eviction process
against those who are illegally occupying houses. Despite orders from
the national government, local authorities often did not initiate
lawsuits against individuals who refused to vacate occupied premises.
In some cases, the Government discouraged returns by failing to furnish
reconstructed houses with basic utilities. In a few instances,
returnees who gained access to their property were held responsible for
water and power bills incurred by temporary occupants, and the
authorities refused to reconnect the services until the bills were
paid. Many ethnic Serb returnees also were unable to move into looted
and devastated homes that the Government defined as habitable.
The amended LASSC may accelerate the process of legally resolving
property restitution cases, but it provides no guarantee to claimants
that they can physically repossess their property, and there were no
mechanisms to implement the new legal provisions. According to the OSCE
and UNHCR, there were no new cases in which the occupancy permission
had been terminated and the occupant failed to accept alternative
accommodation that had been transferred to the State Attorney to
initiate a new civil action for eviction. The LASSC still subordinates
the rights of private property owners to those of temporary occupants
by making property repossession conditional on provision of alternative
accommodation for the temporary occupant.
During the year, the Government significantly accelerated
processing of claims by ethnic Serbs for reconstruction assistance.
July amendments to the LASSC stipulated a timeframe for recipients of
alternative housing assistance to complete construction or
reconstruction and to vacate occupied properties. Under the amendments
illegal or double occupants were given up to 60 days to vacate or face
eviction. The amended law obligates the Office of Displaced Persons and
Refugees (ODPR) to make decisions on repossession in favor of
legitimate owners who applied for repossession by December 31. The
amended law further obligates the Government to pay compensation to the
legitimate owners if it fails to restitute their properties by December
31. Several hundreds of temporary occupiers voluntarily vacated
properties after receiving letters from ODPR warning of eviction.
An ongoing problem was the existence of ``priority category''
citizens, i.e., active or former members of the military and widows and
orphans, whom courts and housing commissions were unwilling to evict.
Ethnic Croat homeowners wishing to return to their property in the
Danubian region generally were able to recover their homes by evicting
the ethnic Serbs occupying them.
The Government did little to address the issue of former tenancy
rights holders. These persons typically resided in socially-owned
apartment units under the pre-1991 Communist system and paid
contributions into a social property fund, often for many years.
Thousands of persons who fled during the conflict lost their claims to
their apartments due to their temporary absence. Ethnic Serbs were
affected disproportionately because no mechanism existed by which they
could return to the country in order to reclaim their tenancy rights or
because they had lived in parts of the country occupied by the rebel
Serb para-state and missed the chance to purchase their prewar
apartments.
Occasional incidents of attacks against property and arson related
to housing disputes were reported during the year (see Section 5).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech and the press, and the Government generally respected
these rights in practice. The constitutional provisions specifically
include freedom of the press and other media, speech and public
expression, and the free establishment of institutions of public
communication.
The Government did not interfere in the editorial decisions of the
print media; however, electronic media were susceptible to political
pressure since most of them were at least partially owned by local
government.
Tisak, a once-profitable government monopoly with 1,700 news
kiosks, was privatized in 2001. It continued to distribute
approximately 75 percent of the print media. There were no reports of
problems with distribution due to Tisak's position in the market.
Foreign newspapers and journals were available in urban areas
throughout the country; however, due to their high cost, they remained
largely inaccessible to many persons.
Problems with implementation of a February 2001 law reforming
government-owned Croatian Radio and Television (HRT) led the Government
in December to propose to Parliament a law to make HRT a public service
broadcaster. The proposed law is intended to reduce political influence
on HRT by eliminating Parliament's ability to appoint a Board of
Directors. The OSCE was concerned that the new law does not
sufficiently safeguard the appointment process to HRT's Broadcasting
Council from parliamentary influence. In December the Government's
Radio and Television Council announced a public tender process to lease
the third HRT channel.
An October 2001 law transformed HINA, the Government-owned news
agency, into a public institution, which is to be financially
independent and operated on a commercial basis outside the national
budget; however, during the year, the Government still provided most of
HINA's funding. The October 2001 media law also obliged all media to
make their ownership structures public by January; however, whereas
there were 1,600 registered print media companies alone, only 61 media
companies made their ownership structures known by the deadline.
Despite the various reforms, a truly independent nationwide television
news and entertainment station did not yet exist by year's end.
Over 60 percent of the population continued to rely on government-
run HRT's evening Dnevnik program for television news. While privately
owned TV Nova reached more than 75 percent of the population during the
year, it was primarily an entertainment station and carried little news
programming. A network of independent local television stations
produced a competing nightly news program Vijesti that reached 65
percent of the country's territory. The HRT continued to be the sole
beneficiary of revenue from government taxes on television users. These
subsidies created an advantage over independent television stations
whose financial resources and ability to purchase programming were
limited. Similar problems existed in radio broadcasting. The Catholic
Church operated one of the few private national radio stations.
A May 2001 Penal Code amendment decriminalized the offense of
libel, resulting in a lower filing rate of such cases. An estimated
1,200 libel cases from previous years remained unresolved due to the
slow and inefficient judicial system. Most cases that reached a verdict
during the year apparently were decided fairly. Sections of the Penal
Code that authorize prosecution of journalists who publish ``state
secrets'' remain in force; however, there were no reports of these laws
being used during the year.
In September the Croatian Association of Disabled Veterans of the
Homeland War blocked distribution of the Osijecki Dom daily in Osijek
for 3 days because it published a list of 3,000 ``disabled'' veterans,
many of whom were alleged to be receiving benefits improperly.
Access to the Internet was available and unrestricted.
The Government did not restrict 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.
The law permits assembly for registered demonstrations at approved
locations; while the process for approving or denying the registration
of an assembly is not transparent, there were no reports that it was
used discriminatorily. During the year, there were several peaceful
demonstrations and marches throughout the country organized by labor
groups, farmers, and war veterans' groups opposed to government
policies (see Section 6.b.).
The Constitution provides for the right of association, and the
Government generally respected this right in practice. Observers
reported that an October 2001 law regulating associations and NGOS had
eased the registration process, minimized governmental interference,
and eliminated unequal treatment of international and domestic
associations. The new law also encourages private funding of NGOs by
granting tax exemptions to donors. In January new procedures for NGO
registry entered into force. The registry for the first time made
information on the country's NGOs available electronically to the
public.
c. Freedom of Religion.--The Constitution provides for freedom of
conscience and religion and free public profession of religious
conviction, and the Government generally respected these rights in
practice. No formal restrictions are imposed on religious groups, and
all religious communities are free to conduct public services and to
open and run social and charitable institutions.
There is no official state religion; however, the Roman Catholic
Church received some state support and other benefits established in
concordats between the Government and the Vatican. For instance, the
Catholic Church received direct subsidies, as well as state financing
for some salaries and pensions for priests and nuns through the
Government-managed pension and health fund. Pursuant to the Law on the
Legal Status of Religious Communities, in December the Government
signed agreements with the Orthodox Church and the Islamic community
modeled on the Catholic concordats. State financing of salaries of
religious workers; provision of spiritual counseling in state
institutions such as the army, police, and prisons; and the recognition
of religious marriages were among the main points of the agreements.
Similar agreements were planned for the Jewish community and the
Evangelical and Baptist churches.
Catholic, Islamic, and Orthodox marriages are recognized by the
State, eliminating the need to register them in the civil registry
office.
The Ministry of Defense employed 16 full-time and 5 part-time
Catholic priests to tend to Catholics in the military; however, no
clerics of other denominations, including Orthodox or Muslim clerics,
were employed as chaplains. The December agreements allow the military
to add one Muslim and five Orthodox clergy members as chaplains. In
September the Government signed a new Protocol and Agreement on Mutual
Relations with the Catholic Church, which among other things regulates
spiritual counseling in penitentiaries, prisons, and correctional
institutions. The new agreements with the Orthodox Church and Islamic
communities also permit spiritual counseling in penitentiaries,
prisons, and correctional institutions.
The Government requires that religious training be provided in
schools, although attendance is optional; however, in general, the lack
of resources and qualified teachers impeded instruction in minority
faiths, and the Catholic catechism was the one predominantly offered.
Under the Law on Religious Communities, enacted in July, Catholic
religious education was introduced in kindergartens across the country
in the fall. The decision prompted public discussion and criticism by
representatives of some other religious communities and political
parties. The agreements with the Orthodox Church and Islamic community
allow for religious education in schools where there are a minimum of
seven coreligionists of either the Orthodox or Islamic faith.
Restitution of nationalized property remained a problem.
Restitution to the Catholic Church is regulated by a 1998 concordat
with the Vatican. The new agreements with the Islamic community and
Orthodox Church provide for establishing joint commissions with the
Government that would meet annually to resolve property, legal,
educational, and cultural issues. The joint commissions are based on
the ``concordat'' model established between the Catholic Church and
government. The Orthodox Church--the second largest claimant of
property after the Catholic Church--has repossessed a significant
amount of business property in Zagreb, as well as some property in
Rijeka and Osijek. However, several buildings in Zagreb, Karlovac, and
other towns had not been returned, nor had properties that belonged to
monasteries, including forests and arable land. Similarly the Jewish
community has had only partial success in recovering its properties.
Negotiations with the Government's Office for Property Repossession on
three buildings in Zagreb, Ravna Gora, and Crikvenica were
unsuccessful, and no property was returned during the year. In July--1
year after the Constitutional Court's deadline--Parliament enacted a
law extending compensation to foreigners whose property was confiscated
between 1945 and 1991, as long as the individual's government has a
reciprocal agreement with the Government of Croatia. The new law does
not cover wartime property seizures from 1941-1945 or from 1991-1995.
In addition, those compensated under previous treaties are precluded
from receiving additional compensation.
According to OSCE and other reporting, Orthodox churches and
property in war-affected areas, particularly in Osijek and Slavonski
Brod, were repeatedly attacked throughout the year. In March 18 icons
were stolen from St. Nicholas Orthodox Church in Kistanje; in the same
month, a group of young people harassed orthodox monks and students at
the Krka monastery near Kistanje. While there was prompt police
intervention, no arrests were made. Cemeteries in the Karlovac area
were damaged and desecrated several times during the year. In September
tombstones in a cemetery in Vukovar were damaged--marking the seventh
such incident at the cemetery. In August fascist Ustasha symbols were
painted on the Serb Orthodox church in the city of Split.
In August police failed to act in Sibenik when cars were used to
block the entrance to church offices and prevent the local Bishop from
exiting the building. Also in Sibenik in August, no charges were
brought against a person who was detained for repeatedly throwing
garbage and verbally abusing an Orthodox priest. In September arsonists
set fire to a building of the Orthodox Church in Osijek; in a separate
incident in Osijek, the Church of St. Nicholas was vandalized.
Unlike in previous years, Muslim leaders reported no serious
discriminatory incidents.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Under
exceptional circumstances, the Government legally may restrict the
right to enter or leave the country if necessary to protect the ``legal
order, health, rights, or freedoms of others.'' All persons must
register their residence with the local authorities; however, no
problems were reported with registration.
There were no reports that the Government revoked citizenship for
political reasons. The Government's procedures to verify and document
the citizenship of hundreds of thousands of ethnic Serbs who fled the
country after the military operations in 1995 improved during the year;
however, there were regular reports of obstruction by some local
officials. In Donji Srb, many Serb returnees experienced difficulties
in obtaining identity cards and other forms of documentation that would
allow them to verify their citizenship status. The municipal government
in Gracac obstructed returns to Donji Srb and other municipalities
under its jurisdiction while at the same time providing immediate
assistance to ethnic Croat settlers from Bosnia who continue to arrive
in the municipality. By the end of November, in returns organized by
the U.N. High Commissioner for Refugees (UNHCR) or the Government,
10,748 persons who were refugees in Yugoslavia and Bosnia-Herzegovina
returned to Croatia. According to the UNHCR, approximately 113,582
refugees (mostly ethnic Serbs) have returned to Croatia (mostly from
Bosnia-Herzegovina and Yugoslavia but also from other countries) since
1995.
Procedural improvements in refugee clearance eliminated arrests of
those returnees who had been advised by the Interior Ministry that they
faced no legal processes. However, international observers remained
concerned that arrests of ethnic Serbs for war crimes, often based on
weak evidence (see Section 1.d.), particularly of those who have newly
returned, dissuaded some refugees from returning. The Ministry of
Interior reinstated the permanent residency documents of more than 380
Croatian Serb returnees who were considered noncitizens. These
returnees may now regularize their status, obtain identity documents,
and apply for citizenship through naturalization.
A significant number of internally displaced persons remained in
the country, although not all are under the Government's direct care.
In August UNHCR reported that there were 17,486 internally displaced
persons in the country (75 percent from the Danubian region) and 8,202
refugees (mostly from Bosnia-Herzegovina). These numbers did not
reflect fully an additional 140,000 former refugees (nearly all ethnic
Croats from Bosnia-Herzegovina) who have become citizens and residents
of Croatia.
Despite an ongoing government program to repair thousands of
damaged homes in the Danubian region, government officials, NGOs, and
international observers assessed that the returns process was nearing
its completion in that region without most communities reaching their
prewar population levels. While ethnic tensions continued in the
Danubian region, the overall security situation was stable (see Section
5). The largest disincentive to returns was the poor state of the
regional economy.
President Mesic and Prime Minister Racan continued to make public
statements encouraging the return and reintegration of all Croatian
citizens to their prewar homes. In March 2001, the Government approved
a set of policies (the ``Knin Conclusions'') to address social and
economic problems in the war-affected areas; however, few of the
policies had been implemented by year's end. In May the Government's
Coordination Body, established in 2001 to address issues in the war-
affected areas, convened and formed joint working groups with
representatives of the international community to address legislative
and economic issues to facilitate returns. The working groups met
frequently during the year, but their progress was very slow.
Significant legislation was enacted concerning the restitution of
property, but administrative and legal barriers slowed implementation
(see Section 1.f.). The greatest obstacle to the return of Croatian
citizens is their inability to regain access to their prewar homes and
properties. Mechanisms for the return of private property worked best
in the Danubian region where returnees tended to be ethnic Croats
seeking to regain their homes from ethnic Serb occupants. Most other
instances of restituted property occurred pursuant to a private
agreement between owner and occupier.
In 2000 the Constitutional Court struck down provisions of the Law
on the Status of Displaced Persons and Refugees that prohibited
evictions unless alternative accommodation was provided for the
evictee. Despite this decision, courts and local housing commissions
continued to rely on the quasi-legal 1998 Program on Return for
guidance on eviction decisions. This practice reinforced the precedence
of temporary occupants over that of property owners. The July
amendments to the LASSC introduced measures designed to facilitate
property repossession, but the underlying principle for property
repossession remains that temporary occupants must be provided
accommodation prior to repossession of property by owners. Because the
law continues to subordinate the rights of private property owners to
those of temporary users, it falls short of international standards and
violates the right to ownership as provided for in the Constitution.
The Government allowed free access to all displaced persons by
domestic and international humanitarian organizations and permitted
them to provide assistance.
The Government implemented some, but not all, provisions of the
1951 U.N. Convention Relating to the Status of Refugees and its 1967
Protocol. A new Law on Asylum, drafted in 2001 with the support of the
UNHCR, that would implement fully the U.N. standards continued to move
through the legislative process but by year's end had not yet been
adopted. The Government cooperated with the UNHCR and other
humanitarian and international organizations in assisting refugees. The
Interior Ministry processes asylum seekers separately under the Law on
Movement and Stay of Aliens, and persons seeking refuge are given
``temporary protection'' rather than refugee status. This status does
not include all of the protections afforded a refugee. For example, a
person with temporary protection status does not have the right to
work, although many are provided with emergency health care and
temporary accommodation. During the year, the Government did not grant
asylum status to any of approximately 97 asylum seekers, despite
positive recommendations from the UNHCR in several cases. These
individuals were permitted to remain in the country only until their
asylum claims were rejected, at which time they were ordered to depart
the country, although none were deported or forcibly returned 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 exercised this right in practice
through periodic, free, and fair elections; however, there were a few
irregularities in the 2000 presidential and parliamentary elections.
Citizens over 18 years of age have the right to vote by secret ballot.
The Constitution limits the president to two 5-year terms. President
Stjepan Mesic was elected in February 2000 to a 5-year term to replace
Franjo Tudjman, who died in office in December 1999. OSCE monitors
characterized the elections as ``calm and orderly,'' noting that
``voters were able to express their political will freely''; however,
there were problems. The Citizenship Law and electoral legislation
grant citizenship, and thereby the right to vote, on purely ethnic
grounds to ethnic Croats abroad with no genuine link to the country.
However, in 2000 the Government failed to ensure that many Croatian
Serbs, who fled in 1995 and who wished to assume the responsibilities
of Croatian citizenship, could document their Croatian citizenship in
order to vote and ultimately to return.
In March 2001, constitutional amendments abolished the upper house
of Parliament (the House of Counties); there was little practical
effect since the upper house had few real responsibilities. The now
unicameral legislature, the House of Representatives, has 151 elected
members. In January 2000 parliamentary elections, an opposition
coalition led by the SDP won a parliamentary majority, ending 10 years
of HDZ party rule. OSCE monitors characterized the voting as having
made ``marked progress'' toward meeting OSCE standards. However, some
concerns about the electoral process remained, including the
underrepresentation of ethnic minorities. In July Prime Minister Racan
resigned and was reappointed in a realignment of the Government due to
changes in coalition partners.
In May 2001, nationwide elections were held for local offices
(town, municipal, and county level). OSCE monitors assessed that the
elections ``were conducted generally in accordance with OSCE
commitments,'' noting that ``this assessment confirms the improvements
noted during the 2000 elections. However, shortcomings remain.''
Observers reported participation by a broad spectrum of parties, the
generally balanced media coverage, and the calm atmosphere on election
day. Concerns included the hurried last-minute drafting of the election
law, provisions on minority representation that do not clearly spell
out procedures for achieving minority balance in local bodies, the lack
of a permanent state electoral commission, the lack of transparency in
parties' campaign expenditures, and the lack of regulations for
campaign financing. A new ``Constitutional Law'' on National Minorities
adopted by the Parliament in December stipulates that ethnic minorities
must be represented in local government bodies, provided the census
shows that the minority group constitutes at least a specified
percentage of the local population. However, minority groups will
remain under-represented in 79 municipalities and 9 counties until the
next local-level elections are held in 2005. In addition, the 1991
Citizenship Law--which is disadvantageous to nonethnic Croats--still
has not been amended to create equal citizenship conditions regardless
of ethnicity.
There were no legal restrictions on participation in government or
politics by women, and women held 33 of 151 parliamentary seats and 4
of 23 cabinet positions. In the judiciary, 4 of 13 Constitutional Court
and 19 of 41 Supreme Court justices were women.
There were no legal restrictions on participation in government or
politics by minorities, and minorities held 11 of 151 seats in
parliament. The electoral law reserves five parliamentary seats for
ethnic minorities; the remaining six minority parliamentarians were
elected from party lists, not based on their ethnicity. The new
Constitutional Law on National Minorities, enacted in December,
reserves up to eight minority seats in the next legislature. On the
local level, in the May 2001 elections, several ethnic Serbs were
elected mayors of towns in the war-affected areas, particularly in
those towns experiencing the greatest number of refugee returns and
consequent demographic shifts. Ethnic Serb candidates from various
parties (including the ethnically-based Independent Serb Democratic
Party and Serbian People's Party, as well as the SDP) won 264 seats at
the town, municipal, and county levels in the May 2001 elections, and
ethnic Serbs joined the governing coalitions in at least 13 towns. In
Vukovar in February a local Serb party joined the new governing
coalition that came into power when the previously governing right-wing
coalition broke up.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights NGOs generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
generally cooperative and responsive to their views. The Dalmatian
Committee for Human Rights, an NGO in Split, was instrumental in
encouraging the reopening of the investigation of war crimes committed
at the Lora naval stockade in Split. Several human rights NGOs in Split
monitored the ``Lora'' trial, provided public information, and assisted
witnesses to come forward and testify. In April the European Roma
Rights Center, with support from the Croatian Helsinki Committee, filed
a legal complaint challenging the segregation of Romani children into
separate classes based solely on their ethnicity in four schools in
northern Croatia.
A new Law on Associations went into effect in January and greatly
enhanced the ability of NGOs to register and operate without undue
government interference (see Section 2.b.). There were no reports of
government harassment of NGOs, and the Government's office for
cooperation with NGOs, while operating with limited resources, was
active in coordinating and promoting NGO and governmental efforts on
human rights and civil society. In many municipalities, there was
excellent cooperation between NGOs and local government officials;
however, a lack of follow-through on central government commitments by
local authorities continued to be a problem in some municipalities.
International organizations, including the European Union
Monitoring Mission, OSCE, UNHCR, and the U.N. High Commission for Human
Rights, operated freely.
Generally good cooperation with ICTY improved until late September,
when the Government refused to fulfill its international obligations as
ICTY's agent in the arrest and transfer of indicted retired General
Janko Bobetko. In November the Government delivered the indictment to
the local court. The court notified the Government, and the Government
notified ICTY that, based on the findings of a local medical panel,
Bobetko was too ill to participate in the proceedings, and at year's
end, he remained in Croatia awaiting assessment by an ICTY-appointed
medical team. Questions also arose about the Government's diligence in
tracking down 2001 indictee Ante Gotovina. The failure to fulfill
promptly its international obligations in the Bobetko case and the lack
of progress in locating Gotovina called into question the Government's
willingness to cooperate with the ICTY in pursuing war crimes cases
involving prominent Croatians.
The parliamentary Ombudsman for human rights received and acted on
individual citizens' complaints. Because it is a parliamentary rather
than executive office, the Ombudsman's authority to order compliance
from government ministries is limited.
Aside from the Ombudsman's office, Parliament maintained an
independent human rights committee tasked specifically with human and
minority rights and a separate gender equality committee that met
periodically throughout the year to discuss topics and legislation
within their purview (see Section 5).
The Government's human rights office--inaugurated in December
2001--is responsible to Deputy Prime Minister Ante Simonic in
developing, coordinating, and implementing the Government's human
rights activities. The Government's Coordinating Body to address
refugee returns and housing reconstruction in war-affected areas and
representatives of the international community met several times during
the year in working groups; however, substantive progress was slow.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution specifies that individuals shall enjoy all rights
and freedoms, regardless of race, color, sex, language, political or
other opinion, national or social origin, property, birth, education,
social status, or other attributes. Additionally members of all
national groups and minorities shall have equal rights. While most of
these rights generally were observed in practice, discrimination
against women, Serbs, and Roma continued.
Women.--Although the Government collected only limited statistics
on the problem, credible NGO observers have reported that violence
against women, including spousal abuse, remained a widespread and
underreported problem. Alcohol abuse and poor economic circumstances
were cited as contributing factors. Rape and spousal rape are illegal
under the Penal Code; however, NGOs reported that many women do not
report rape or spousal rape. The only women's shelter is in Zagreb.
The law provides that a domestic violence case can be initiated by
persons other than the victim; for example, cases can be initiated on
the basis of suspicions of health care workers or police rather than
requiring the victim to press charges. A Penal Code provision directs
that perpetrators of family violence, in addition to being punished, be
placed under supervision and receive psychiatric treatment. The Law on
Misdemeanors extends detention (for up to 30 days) of perpetrators of
family violence, even during the defendant's appeal.
The country is a transit route as well as a lesser source and
destination country for trafficking in women for the purposes of sexual
exploitation (see Sections 6.f.).
Workplace sexual harassment is a violation of the Penal Code's
section on abuse of power but is not specifically included in the
employment law. NGOs reported that in practice, women who were sexually
harassed often did not resort to the Penal Code for relief for fear of
losing their jobs.
The labor law prohibits gender discrimination; however, in practice
women generally held lower paying positions in the work force.
Government statistics from previous years showed that, while women
constituted an estimated 46 percent of the formally employed work
force, they occupied few jobs at senior levels, even in areas such as
education and administration where they were a clear majority of
workers. Anecdotal evidence gathered by NGOs suggested that women held
the preponderance of low-level clerical, labor, and shopkeeping
positions. Union officials reported that--taking into account the
informal economy--women's share of the total work force may be as high
as 66 percent. Women constituted a larger proportion of unemployed--54
percent--and pension statistics indicated that women's salaries
averaged 26 percent less than those of their male counterparts. Union
officials reported that it was difficult to identify and resolve wage
disparities in the work place based on gender because the Government
did not disaggregate wage statistics by sex. Women often were among the
first to be laid off in times of corporate restructuring. The Labor
Code authorizes 1 full year of maternity leave.
Government efforts to promote gender equality continued. The
Government Committee for Gender Equality drafted two new laws--on
gender equality and on protection against violence in the family--both
of which were pending parliamentary action. The Committee also
initiated and secured financial support for regional gender equality
bodies, which were established in several counties. In December 2001,
the Government inaugurated a new human rights office (see Section 4),
and an existing unit on gender equality within the Labor Ministry was
upgraded and attached to this office. Tasks of the Labor Ministry
office included implementation of the 2001-05 National Action Plan on
gender equality and the coordination of tasks among ministries,
parliamentary offices, unions, and the NGO community to promote gender
equality. The Parliament's Gender Equality Committee initiated changes
to the Defense Law and to the Law on Armed Forces, passed in May and
March, which introduced a gender equality committee at the Ministry of
Defense's Personnel Council and listed sexual harassment as a
disciplinary violation. The committee supported important changes to
the Law on Criminal Proceedings, which for the first time introduced
the instrument of a restraint order and obligatory psychosocial therapy
in family violence cases. The Small and Medium Enterprise Incentive Law
enacted in March contains provisions promoting women's
entrepreneurship.
The Croatian Women's Network, a women's NGO network registered in
February and based in Porec, coordinated the activities of 50 NGOs from
across the country. There were several NGOs based in Zagreb that had
national impact, two of which were: The Rosa Center for Women, which
deals with trafficking and violence against women and is putting
together a national network, and B.A.B.E., which focuses on legal
assistance, legislative drafting, and political participation.
Children.--The Government is generally committed to the welfare of
children. Education is free and mandatory through grade 8 (generally
age 14). Schools provide free meals for children. The majority of
students continue their education to the age of 18, with Roma being the
only notable exception. Romani children faced serious obstacles in
continuing their education, including discrimination in schools and a
lack of family support. An estimated 10 percent of Croatian Romani
children begin primary school, and of these only 10 percent go on to
secondary school. In Medjimurje County, local officials allegedly
operated segregated classrooms for Romani children, reportedly with a
reduced and simplified curriculum. In September the Cakovec County
Court rejected as unfounded a lawsuit filed in April by the European
Roma Rights Center on behalf of 52 parents of Romani school children,
who claimed discrimination in education and segregation of their
children in Medjimurje County. In October the Romani parents
participating in the lawsuit filed an appeal with the Constitutional
Court. Subsidized daycare facilities were available in most communities
even for infants. Medical care for children is free.
While there is no societal pattern of abuse of children, NGOs
operating hot lines for sexual abuse victims reported numerous cases of
abuse of children.
Persons with Disabilities.--The Constitution ensures ``special care
for the protection of disabled persons and their inclusion in social
life.'' While persons with disabilities face no openly discriminatory
measures, job opportunities generally were limited. Special education
also was limited and poorly funded.
The Law on Social Welfare and the Law on Construction specify
access to public services and buildings for persons with disabilities;
however, the construction rules were not always enforced and did not
mandate that facilities be retrofitted. As a result, access to public
facilities often was difficult.
National/Racial/Ethnic Minorities.--Ethnic minorities enjoy the
same constitutional protections as other self-identified ethnic and
religious groups; however, in practice a pattern of open and sometimes
severe discrimination continued against ethnic Serbs in several areas,
including in the administration of justice, employment, housing, and
freedom of movement. Ethnic Serbs in war-affected regions continued to
be subject to harassment, intimidation, and occasional violence. In
December after extensive discussion with minority groups and political
parties, Parliament passed a Constitutional Law on National Minorities
with broad political support. The OSCE generally assessed the new law
positively. The law assures minority representation in local government
bodies, creates minority councils from the local to the national level
to advise elected officials on minority rights, promotes use of
minority languages and symbols, and provides for the election of up to
eight minority representatives in the next parliament. Ethnic minority
groups welcomed most of the law's provisions, but objected to the loss
of generous affirmative action rights to elect representatives to
parliament.
Societal intimidation and violence against Serbs continued in war-
affected areas (see Section 1.c.). Weapons left over from the war,
including firearms and explosives, were readily available and were used
in incidents of harassment during the year. Incidents largely occurred
in the areas of return in central Dalmatia. In February Serb returnee
Jovan Bosta was beaten to death in Benkovac near Knin; contradictory
police reports were published and no arrests were made. Also in
February, two grenades were thrown into the yard of a house owned by a
Serb family in the Dnris area. Police responded appropriately and an
investigation was ongoing. In April a returnee's house in the Benkovac
area and a local school were burned. In Glina a Serb returnee's shop
was attacked after a screening of a war-related film in which the
perpetrators allegedly recognized the owner as a former soldier.
Returnee Serbs in the village of Donji Karin reported continuous
destruction of crops and vineyards by a Bosnian Croat settler; despite
repeated reports to local police, no action was taken against the
suspect. Ethnic Serbs in the area received verbal death threats and one
family was pelted repeatedly by stones while working their fields. In
July unknown persons intimidated two women in the village of Smiljcic
by pounding on their windows at night; in the same village in September
seven young men attacked and injured a man, but--based on earlier bad
experience--he was reluctant to inform local police. Persons in
uniforms reminiscent of the fascist World War II-era Ustasha government
marched through Petrinja in August, during celebrations of the town
patron's day; in the same month, a similar occurrence was reported in
Dvor, where there is a majority Serb population. In September two
people in Knin threatened a television crew from Belgrade that was
filming the first day in school of a boy from a recently returned Serb
family. Police reacted quickly, but the crew--concerned with the boy's
safety--discontinued the filming. In September the right-wing Croatia
Party of Rights made ethnic threats during a press conference at the
municipality day celebration in Dvor. Property destruction and other
forms of harassment often arose from disputes between home occupiers of
one ethnicity and returning homeowners of another. Verbal and legal
harassment, forcible evictions, and assaults continued to occur
regularly (see Section 2.d.).
Following the autumn 2000 termination of the OSCE police monitoring
group in the Danubian region, the police continued to respond
appropriately to law and order issues, although some NGOs continued to
express concern that ethnic Serbs were reluctant to report ethnically-
motivated incidents to authorities.
There were periodic reports of tensions between ethnic Serb and
Croat officers. The Government has not addressed the issues of
recruitment, training, and retention of adequate minority
representation in police forces throughout the country. For example,
outside of Eastern Slavonia, many majority Serb communities continued
to be policed by forces that were 100 percent ethnic Croat.
An ongoing impediment to the return and reintegration of ethnic
Serb refugees is the failure of the Government to recognize or
``convalidate'' their legal and administrative documents from the
period of the 1991-1995 conflict. Implementation of the 1997
convalidation law to allow the recognition of documents issued by the
rebel Serb para-state was undermined by Ministry of Labor and Social
Welfare instructions that seriously limited eligibility. While the law
itself did not include a deadline for filing applications, a decree
issued by the previous regime established an April 1999 filing
deadline. Since more than half of the 71,000 Serbs who have returned to
Croatia returned after April 1999, the filing deadline effectively
excludes most of those who otherwise would be beneficiaries. Even
persons who filed before this deadline experienced arbitrary delays and
obstructions. Without the recognition conferred by the law, citizens
(almost exclusively ethnic Serbs) remained unable to resolve a wide
range of problems including pensions, disability insurance, and ability
to establish work experience. Most requests came from elderly persons
and related to pension and employment histories from occupied
territories during the conflict. The state pension fund improperly
denied some applications for recognition of working experience from
ethnic Serbs.
While ethnic Serb property owners often found it difficult to
access their property, significant amounts of reconstruction assistance
were for the first time extended to Serb beneficiaries. In addition to
central Croatia, reconstruction had progressed well in western Croatia,
where two-thirds of reconstruction beneficiaries are now Serbs. In
addition, authorities in most other regions of Croatia have worked hard
to accelerate the processing of requests for reconstruction assistance.
Local Serb NGOs in Knin reported continued obstruction by local
authorities of efforts by ethnic Serbs to obtain various documents
required in order to receive pensions, social benefits, or to process
property or other legal claims.
Discrimination and harassment against Roma continued. The 2001
census counted only 9,463 Roma in the country, but government officials
and NGOs agreed that this was a serious undercount and that the true
number may be between 30,000 and 40,000. Unlike the previous year,
there were no significant reports of attacks or violence directed
against Roma. Protective of their culture and reluctant to assimilate,
Roma faced a host of obstacles, including language (many, especially
women, have only limited Croatian language skills), lack of education,
lack of citizenship and identity documents, high unemployment, societal
discrimination, and lack of government will to address such issues.
Romani NGOs estimated that 25 percent of Roma do not have citizenship
documents and thus cannot obtain papers necessary to acquire social
benefits, employment, voting rights, and property resolution.
In September a crowd of Croatian parents prevented the first day of
classes from being held at an elementary school in Medjimurje county.
The parents, who were protesting the Ministry of Education's decision
to support integrated classes, forced the Roma children out of the
classrooms and locked the school. While a compromise solution that
incorporates both mixed and segregated classes was accepted by the
Ministry, school, and all parents, it falls short of the
constitutionally guaranteed right of all citizens to equal education
regardless of ethnicity.
International and local NGOs remained concerned about the practice
of holding separate classes (of allegedly lower quality) for Roma
students in northern Croatia.
A 2000 Constitutional provision added nine recognized minorities to
the list of seven previously recognized in the Constitution, including
Muslims, Albanians, and Slovenes.
There was some discrimination against minorities in schools. For
example, textbooks have used derogatory adjectives in reference to
minorities. Previous government pledges to provide more balanced
textbooks went unfulfilled.
The Citizenship Law distinguishes between those who have a claim to
Croatian ethnicity and those who do not. Ethnic Croats are eligible to
become citizens, even if they were not citizens of the former Socialist
Republic of Croatia, so long as they submit a written statement that
they consider themselves Croatian citizens. Non-Croats must satisfy
more stringent requirements to obtain citizenship through
naturalization after 5 years of registered residence. Even those who
previously were lawful residents of the former Socialist Republic of
Croatia (see Section 1.d.) were compelled to provide proof of previous
residence and citizenship not demanded of ethnic Croats. Obstacles to
ethnic Serbs' documenting their citizenship led to discrimination in
other areas, including the right to vote (see Section 3). While a
citizenship application is pending, the applicant is denied social
benefits including medical care, pensions, free education, and
employment in the civil service. Denials frequently were based on
Article 26 of the Citizenship Law (which stipulates that citizenship
can be denied to persons otherwise qualified for reasons of national
interest) and on Article 8 (which requires that a person's actions
demonstrate that they are ``attached to the legal system and customs of
Croatia'' and that they have maintained a registered residence on the
territory of Croatia for the 5 years preceding the application for
citizenship). The Interior Ministry recognizes the period that mostly
ethnic Serbs spent outside the country as refugees as applicable to the
5-year residency requirement.
Section 6. Worker Rights
a. The Right of Association.--Workers are entitled by law to form
or join unions of their own choosing without prior authorization, and
workers exercised this right in practice. There was an active labor
movement with one major and four minor national labor federations and
an independent association of both blue- and white-collar members.
Approximately 64 percent of workers were members of unions. In general
unions were independent of the Government and political parties.
The Labor Code prohibits antiunion discrimination, and it expressly
allows unions to challenge firings in court. There were no reports of
systematic firings on grounds of ethnicity during the year. Generally
citizens' attempts to seek redress through the legal system were
seriously hampered by the inefficiency of the court system, where cases
often languished for months or years before reaching a final resolution
(see Section 1.e.). In a wrongful dismissal suit filed by the
Metalworkers Union on behalf of Dragutin Varga and Vladimir Harjac, the
union won the case, and both men were eventually returned to their
positions--in Varga's case, after the employer withdrew an appeal to
the Supreme Court.
Unions may affiliate freely internationally and did so.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law. The Labor Code governs collective
bargaining contracts, protection for striking workers, and legal
limitations on the ability of employers to conduct ``lockouts'' during
labor disputes.
The Constitution provides for the right to strike with some
limitations. Members of the armed forces, police, government
administration, and public services are not permitted to strike.
Workers only may strike at the end of a contract or in specific
circumstances mentioned in the contract. The Supreme Court has ruled in
the past that workers may not strike for nonpayment of wages; however,
March 2001 amendments to the labor law specifically addressed this
ruling and entitled workers to strike for nonpayment of wages.
When negotiating a new contract, workers are required to go through
mediation before they can strike, unless the strike is not over a new
contract. Labor and management must jointly agree on a mediator if a
dispute goes to mediation. If they cannot agree, the Labor Law calls
for the ``Economic and Social Council'' (GSV). The GSV--chaired by the
Deputy Prime Minister--consists of 15 members, with 5 representatives
each from government, the Croatian Employers' Association, and trade
union confederations. The GSV typically meets at least once a month on
policies, procedures, and legislation relating to social protections,
workers' and employers' interests, and the collective bargaining
process. Local GSVs have been formed in most counties of Croatia.
The Government's Office for Social Partnership provides
administrative and expert support to the GSV and facilitates dialogue
between the Government, employers, and trade unions. The Office for
Social Partnership mediated in approximately 80 labor disputes on a
collective level. Only after submitting to mediation and formally
declaring that negotiations are at an impasse is a strike legal. If a
strike is found to be illegal, any participant may be dismissed and the
union held liable for damages. A strike at the end of June by the
Doctors and Dentists Union was ruled illegal by the Government because
a process of reconciliation did not precede it. In August the Zagreb
County Court banned a strike by ambulance drivers. The law prohibits
retaliation against strikers participating in legal strikes, and no
such incidents were reported. At year's end, there were some 45,000
unresolved individual labor disputes, of which almost 70 percent relate
to financial claims.
During the year, authorities permitted labor demonstrations both in
Zagreb's main square and in front of the Parliament. Approximately
5,000 union members and sympathizers gathered in a protest march in
Zagreb's Cathedral square on May 1; union members and workers across
Croatia marked the May 1 Labor Day holiday by protesting against
announced changes to the labor law, which they claimed would
drastically reduce workers' rights. In May the Secondary School
Teachers Union went on strike, which resulted in the signing of a
collective bargaining agreement with the Ministry of Education and
Sports. Customs Officers initiated a work slow down in June over wage
rates, and they subsequently received a 20 percent increase in pay. In
October approximately 1,000 protestors in Pula and 500 in Rijeka,
organized by trade unions and consumers' associations, demonstrated
against the Government in response to price hikes by the State-owned
electric utility company. Protests over layoffs in the national police
force, announced by the Government in August 2001, continued until
September 2002, when the Government ordered protestors encamped outside
government offices to be removed forcibly after a laid-off policeman
threw an egg at the Prime Minister. Some protestors sought sanctuary in
an adjacent church, where they remained at year's end.
In November two metal workers unions organized a rally of
approximately 1,700 Sisak Steel Plant workers over nonpayment of 3
month's wage arrears. The demonstration ended within days when the
Government arranged for payment of wages.
Under the 1999 Agreement for a More Just Croatia, the Government is
obliged to consult with labor unions before announcing economic reforms
that would result in changes in worker benefits and layoffs; however,
unions complained that the Government did not follow this agreement in
practice.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and there were
no reports that such practices occurred. The Ministry of Labor and
Social Welfare is responsible for enforcing the ban on coerced or
forced labor.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment of children is 15 years,
and it was enforced by the Ministry of Labor and Social Welfare.
Children may not be employed before reaching the legal age and are not
allowed to perform work that is harmful to their health or morality.
Workers under the age of 18 are entitled to special protection at work
and are prohibited from heavy manual labor and night shifts. There was
no reported pattern of the abuse of child labor laws.
e. Acceptable Conditions of Work.--The Government and Unions of
Public and State Employees signed a basic collective agreement in
December 2001; the most recent minimum net wage--established in April--
was approximately $243 (1,800 Kuna), which was not sufficient to
provide a decent standard of living for a worker and family. The
average monthly wage as of October was $489 (3,766 Kuna).
The nonpayment of wages continued to be a serious problem; over
80,000 workers (6 percent of the work force) failed to receive their
salaries on time. In June 2001, the Constitutional Court ruled that
workers and their families could not be refused medical benefits, even
if employers failed to pay their contributions into the health system.
A June 2001 Labor Law amendment shortened the workweek to 40 hours
from 42 hours. Workers are entitled to a 30-minute daily break, a 24-
hour rest period during the week, and a minimum of 18 days of paid
vacation leave annually. Workers are entitled to receive time-and-a-
half pay for any hours worked beyond 40 per week.
Health and safety standards are set by the Government and are
enforced by the Ministry of Health. The law allows unions to appoint
health and safety stewards in companies, but their activities are not
regulated by collective agreements. In practice industries are not
diligent in meeting standards for worker protection. For example, it is
common to find workers without hardhats on construction sites and for
workers to remove safety devices from dangerous equipment. Under the
law, workers may remove themselves from hazardous conditions at work
and have recourse through the courts if they believe that they have
been dismissed wrongfully for doing so. There were no reports of
wrongful dismissal complaints over workplace safety during the year.
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, although existing laws may be used to prosecute
traffickers; trafficking in women was a problem. Little statistical
information on trafficking exists, although U.N. officials tracking the
issue regionally and local research indicate that Croatia is primarily
a transit country for women trafficked to other parts of Europe for
prostitution, as well as a lesser source and destination country for
trafficked women.
Trafficking is prosecuted under the Croatian Penal Code's articles
prohibiting slavery, the illegal transfer of persons across state
borders, international prostitution, or procurement or pimping. Police
awareness of the problem is low. Some police received limited training,
and efforts have begun to encourage police to identify and document
possible cases of trafficking. In part due to an inadequate legal
framework, victims were not encouraged to take legal action against
their traffickers. According to the Ministry of the Interior, from 1998
through August, the Government prosecuted 11 persons under the law
prohibiting slavery and 94 persons under the law prohibiting
international prostitution. The prosecutions resulted--through the end
of 2001--in the convictions of eight persons charged with international
prostitution; there were no convictions under the law prohibiting
slavery.
Failure to identify trafficked women among illegal aliens smuggled
into the country and shortcomings in the readmission agreement with
Bosnia put police under pressure to process and repatriate illegal
migrants within 72 hours after their initial arrest and resulted in a
significant underestimation of the trafficking problem in the country.
Women from Hungary, Ukraine, Romania, Bulgaria, Slovakia, and other
countries reportedly were trafficked through Bosnia-Herzegovina and
Yugoslavia to Croatia, where some remained to work as prostitutes or
were trafficked to other destinations. Women were transported through
the country by truck or boat. In addition, women from Albania, Bosnia,
Bulgaria, Hungary, Macedonia, Moldova, Romania, Slovenia, and
Yugoslavia were detained in incidents of illegal entry into the
country; some of these women were believed to be victims of
trafficking. Anecdotal information indicates that international
organized crime groups were responsible for trafficking.
Government officials, international missions, and NGOs collaborated
to develop an antitrafficking strategy. In April the Government
appointed a National Committee for Combating Trafficking in Persons
consisting of 22 members, including representatives from government
(including a representative from the State Prosecutor's Office), two
NGO members, one member of the Croatian International Organization for
Migration, and a journalist. The National Committee drafted a National
Action Plan, which was approved by the Government in November. The
National Committee participated in the Stability Pact AntiTrafficking
Working Group; in addition, in September members of the Committee as
well as the Deputy Prime Minister and the Minister of Defense attended
an antitrafficking conference in Brussels to formulate an EU strategy
for combating trafficking in persons.
There were no support services available for trafficking victims.
Trafficking victims typically were detained for illegal entry and
voluntarily deported. Victims generally were detained at a Zagreb
detention facility on immigration violations. Detention may last
several weeks. Foreign embassies usually did not organize repatriation
for their citizens, and the Government typically arranged for victims
to return to their countries of origin by train. There was one women's
shelter that occasionally helped trafficked women.
__________
CYPRUS
Prior to 1974, Cyprus experienced a long period of intercommunal
strife between its Greek and Turkish Cypriot communities. In response
the U.N. Peacekeeping Force in Cyprus (UNFICYP) began operations in
March 1964. The island has been divided since the Turkish military
intervention of 1974, following a coup d'etat directed from Greece.
Since 1974 the southern part of the island has been under the control
of the Government of the Republic of Cyprus. The northern part is ruled
by a Turkish Cypriot administration. In 1983 that administration
proclaimed itself the ``Turkish Republic of Northern Cyprus''
(``TRNC''). The ``TRNC'' is not recognized by the United States or any
country except Turkey. A buffer zone patrolled by the UNFICYP separates
the two parts. A substantial number of Turkish troops remained on the
island. Glafcos Clerides was reelected President of the Republic of
Cyprus in 1998. In April 2000, following the first round of Turkish
Cypriot elections, Rauf Denktash was declared ``President'' after
``Prime Minister'' Dervish Eroglu withdrew. The judiciary is generally
independent in both communities.
Police in the Government-controlled area and the Turkish Cypriot
community were responsible for law enforcement. Police forces in the
Government-controlled area were under civilian control, while the
Turkish Cypriot police forces were under military authority. Some
members of the police on both sides committed abuses.
Both Cypriot economies operated on the basis of free market
principles, although there were significant administrative controls in
each community. Approximately 793,000 persons lived on the island of
Cyprus. The Government-controlled part of the island had a robust,
service-oriented economy, with a declining manufacturing base and a
small agricultural sector. Tourism and trade generated 23 percent of
gross domestic product and employed 29 percent of the labor force.
During the year, per capita income was $14,499; inflation was 3.4
percent; and unemployment was 3.0 percent. Growth was 2.0 percent,
compared with 4.0 percent in 2001.
The Turkish Cypriot economy was handicapped by restrictions imposed
by the Government of Cyprus and other international institutions. It
relied heavily on subsidies from Turkey and was burdened by a very
large public sector, which employed approximately 20 percent of the
labor force. It basically was service-oriented, but had a smaller
tourism and trade base, which accounted for 9.7 percent of gross
national product (GNP), and it had a larger agricultural sector. The
GNP per capita in the north was approximately $4,610; inflation was
76.8 percent in 2001 compared with 53.2 percent in 2000, according to
the latest figures available. Growth in the north was about 2.6 percent
during the year, compared with 5.4 percent in 2001.
The Government of the Republic of Cyprus generally respected the
human rights of its citizens; however, there were problems in some
areas. Instances of police brutality against detainees continued to be
a problem. Police reportedly subjected Turkish Cypriots to
surveillance. The Government placed some restrictions on persons
traveling to the north. Violence against women persisted. Trafficking
in women for prostitution remained a problem. Reform of Cyprus's
political and economic structure led to an invitation in December to
join the European Union (EU) in May 2004. Cyprus was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
The Turkish Cypriot authorities generally respected the human
rights of citizens living under its control; however, there were
several problems. Police abused suspects and detainees. Civilians
continued to be tried in military courts. The authorities subjected
members of the Greek Cypriot community living in the north to
surveillance. The authorities harassed some members of the press. The
authorities also continued to restrict freedom of movement. Since 1997
the Turkish Cypriot authorities have banned most bicommunal contacts
between Turkish Cypriots and Greek Cypriots, including previously
frequent meetings in Nicosia's buffer zone. At times they attempted to
prevent Turkish Cypriots from traveling to bicommunal meetings off the
island as well. Cooperation between the authorities and the U.N. High
Commissioner for Refugees (UNHCR) was uneven. The Turkish Cypriot
authorities took some steps to improve the conditions of Greek Cypriots
and Maronites living in the territory under their control, but the
treatment of these groups still fell short of Turkish Cypriot
obligations under the Vienna III Agreement of 1975. Violence against
women and trafficking in women for prostitution were problems.
In May 2001, the European Court of Human Rights (ECHR) ruled that
Turkey was responsible for violations of human rights in Cyprus
stemming from the 1974 Turkish military intervention. The result of a
complaint by the Government of Cyprus, the decision rejected the
Turkish argument that the ``TRNC'' is an independent state and instead
ruled that it is ``a subordinate local administration of Turkey
operating in northern Cyprus.''
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Turkish Cypriot authorities still had not conducted a credible
investigation of the 1996 murder of a prominent leftist Turkish Cypriot
journalist, Kutlu Adali, who wrote articles critical of Turkey's role
in the north.
The cases before the ECHR of two Greek Cypriot demonstrators killed
in 1996 remained pending at year's end. Turkish Cypriot civilian police
killed one demonstrator who had entered the buffer zone and
participated in the beating death of the other.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Both the Constitution of the Republic of Cyprus and the
basic law governing the Turkish Cypriot community specifically prohibit
torture. The law in both the Government-controlled area and the Turkish
Cypriot community prohibited such practices, and the Government and the
Turkish Cypriot authorities generally respected these provisions in
practice; however, there were reports of instances of both Greek
Cypriot and Turkish Cypriot police brutality against suspects and
detainees during the year, involving Cypriots as well as non-Cypriots.
In response to an increase in police brutality in the Government-
controlled area, the Attorney General was given authority to assign
independent investigators to cases. Four cases of police brutality were
brought before the court and have hearings scheduled for June 2003.
There were credible reports of pervasive police abuse of power and
routine harsh treatment of detainees in the Turkish Cypriot community
(see Section 1.d.).
In 2001 Turkish Cypriot Teachers' Trade Union members alleged that
they were beaten by police with batons while protesting the suspension
of a history teacher who had published an article critical of Turkey
and its military in an opposition newspaper. The Turkish Cypriot
authorities brought criminal charges against the teacher and the trade
union that were pending at year's end (see Section 2.a.).
In May 2001, the ECHR found the Government of Cyprus responsible
for inhuman treatment of nine Turkish Cypriots in 1994. In July and
August of 2001, the Government compensated the plaintiffs in accordance
with the decision.
Prison conditions generally met international standards, although
there were some problems. According to a report issued in 2000 by the
Government Ombudsman, prisoners with psychiatric problems in the south
did not receive proper medical care. During the year, the Ombudsman
reported some improvements in this respect, including the daily visits
of a social worker, psychiatrist, psychologist, doctor, and two nurses.
In the south, women prisoners were held separately from men, and
children were held separately from adults. Pretrial detainees were held
separately from convicted criminals.
In the north, women were held separately from men; however, there
were no separate cells for juveniles in prison. Pretrial detainees were
held separately from convicted criminals in the north.
The Cypriot government and the Turkish Cypriot authorities permit
prison visits by independent human rights observers, although no such
visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--Laws throughout Cyprus
prohibit arbitrary arrest and detention; however, Turkish Cypriot
police at times did not observe legal protections. Throughout Cyprus
judicially issued arrest warrants were required. No person may be
detained for more than a day without referral of the case to the courts
for extension of the period of detention. Most periods of investigative
detention did not exceed 8 to 10 days before formal charges were filed.
Attorneys generally had access to detainees; bail was permitted. The
Government of Cyprus claimed the right to deport foreign nationals for
reasons of public interest whether or not they had been charged with or
convicted of a crime.
Turkish Cypriot police at times did not observe legal protections,
particularly at the time of arrest. In some instances, suspects were
not permitted to have their lawyers present when testimony was taken,
in contravention of Turkish Cypriot basic law. Suspects who demanded
the presence of a lawyer may be threatened with stiffer charges or even
physically intimidated. A high percentage of convictions in the Turkish
Cypriot community were obtained with confessions made during initial
police interrogation under these conditions. According to credible
reports, Turkish Cypriot police were known to abuse their authority to
hold persons for up to 24 hours before having to go before a judge;
suspects then were released within 24 hours without charges having been
filed. Police officers used this tactic against persons suspected of
serious crimes or believed to have behaved in a manner deemed insulting
to the officer.
In 2000 Greek Cypriot police arrested Omer Gazi Tekogul for drug
possession near the village of Pyla, located in the U.N. buffer zone. A
Turkish Cypriot official told the UNFICYP that Greek Cypriots would
``disappear'' in retaliation (a statement later repudiated by Rauf
Denktash). In 2001 Turkish Cypriot authorities arrested Greek Cypriot
Panicos Tziakourmas for drug possession. A British Sovereign Base Area
(SBA) police investigation suggested that Tziakourmas was seized by
Turkish Cypriots on SBA territory and that there was no evidence of
marijuana. In March 2001, Tekogul was found guilty, but later was
pardoned by President Clerides. In April 2001, Tziakourmas also was
found guilty, but his sentence was limited to time served. In June
2001, he filed a case with the ECHR alleging the abuse of his rights by
Turkish Cypriot authorities during his arrest and conviction. This case
remained pending at year's end.
The Constitution and the basic law governing the Turkish Cypriot
community prohibit forced exile, and neither the Government nor the
Turkish Cypriot authorities employed it.
e. Denial of Fair Public Trial.--The Constitution and the basic law
governing the Turkish Cypriot community provide for an independent
judiciary, and both the Government and the Turkish Cypriot authorities
generally respected these provisions in practice.
In both the Government-controlled area and the Turkish Cypriot
community, most criminal and civil cases begin in district courts, from
which appeals are made to Supreme Courts. No special courts existed for
security or political offenses, although civilians in the Turkish
Cypriot community may be tried in military courts.
Cyprus inherited many elements of its legal system from the United
Kingdom, including the presumption of innocence, the right to due
process, and the right of appeal. Throughout Cyprus the right to a fair
public trial is provided for in law and generally was accorded in
practice. Defendants have the right to be present at their trials, to
be represented by counsel (at public expense for those who cannot
afford one), to confront witnesses, and to present evidence in their
own defense.
In the Turkish Cypriot community, civilians charged with violating
military zones or military regulations or defaming the military were
subject to trial in a military court. These courts consisted of one
military and two civilian judges and a civilian prosecutor. In April
2001, the Turkish Cypriot ``Constitutional Court'' ruled that it was
unconstitutional to have military judges sit on judicial boards. In May
2001, the ECHR found that the Government of Turkey violated the right
of Turkish Cypriots to a fair trial by authorizing civilians to be
tried in military courts. Since March in accordance with the court
decision, military courts no longer include military judges and instead
consist of three civilian judges and a civilian prosecutor.
In October a military court questioned six journalists for
defamation of the military.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--Both the Constitution of Cyprus and the basic law
governing the Turkish Cypriot community prohibit such actions; however,
police on both sides have subjected members of the other community
resident in their area to surveillance (see Section 5). A judicial
warrant is required for a police official to enter a private residence.
The Turkish Cypriot authorities restricted the ability of Greek
Cypriots and Maronites living in the north to change their place of
residence (see Section 5).
Since 2000 Turkish Cypriot authorities have recognized marriage
certificates issued by the Government of Cyprus and have allowed Greek
Cypriots and Maronites resident in the north to bring their spouses to
reside with them.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Laws provide for freedom of speech
and of the press, and these rights were generally respected in practice
throughout the island; however, there was at least one reported
instance of harassment of a newspaper in the Turkish Cypriot community.
Opposition newspapers frequently criticized the authorities.
Independent newspapers and periodicals proliferated in both
communities. In the Government-controlled area, there were seven major
daily newspapers, one weekly, and six major magazines. Several private
television and radio stations in the Greek Cypriot community competed
effectively with the Government-controlled stations.
In the north, there were 12 newspapers. In addition to three
smaller, university-run radio stations, eight private radio stations
operated in the Turkish Cypriot community, along with three radio
stations run by the authorities, and a new radio station run by the
Turkish Cypriot security forces. There were two television channels run
by the authorities and four private television channels.
International broadcasts were available without interference
throughout the island, including telecasts from Turkey and Greece.
The Turkish Cypriot opposition newspaper Avrupa was reportedly
subject to harassment. In 2001 a bomb damaged the newspaper's offices;
there were no arrests. In addition, Turkish Cypriot authorities
confiscated furniture and computers for nonpayment of fines arising
from a lawsuit by Turkish Cypriot officials against Avrupa's editor/
owner. The owner closed Avrupa, renamed it Afrika, and kept the same
editorial staff.
In August a Turkish Cypriot court found two journalists from Afrika
guilty of libel and defamation for an article that referred to Turkish
Cypriot leader Rauf Denktash. Originally sentenced to 6 months'
imprisonment, their sentences were reduced to 1 month and 25 days.
In October several journalists from Afrika were brought before
Turkish Cypriot district and military courts on charges of libel and
defamation of both civilian and military subjects. These cases remained
pending at year's end. Afrika continued daily publication.
Restrictions at times were imposed on the ability of journalists to
cross the buffer zone to cover news events. The Government denied entry
to the south to visiting Turkish journalists who arrived in Cyprus
through ports of entry in the north. In retaliation Turkish Cypriot
authorities at times required Greek Cypriot journalists to purchase a
``visa'' to enter the north, which the journalists refused to do.
Turkish Cypriot policy, while applied inconsistently, was to permit
Greek Cypriot journalists traveling as a group to cover events in the
north without paying a ``visa'' fee, but not to allow individual Greek
journalists entry unless they paid the fee. Greek Cypriot journalists
covering certain events in the north also were asked to wear
identification issued by Turkish Cypriot authorities and bearing the
flag of the self-proclaimed ``TRNC.'' In response Greek Cypriot
journalists chose not to travel north to cover these events.
In October Turkish Cypriot authorities expelled a group of Spanish
journalists from the Turkish Cypriot community for convening without
permission. The expulsion came after their meeting with the director of
the most widely read newspaper in that community.
In 2001 a Turkish Cypriot teacher was suspended for publishing an
article critical of Turkey and its military in an opposition newspaper.
The Turkish Cypriot authorities filed criminal charges against the
teacher and the trade union that protested on her behalf for defamation
and trespassing, respectively. Their cases remained pending at year's
end (see Section 1.c.).
Unrestricted access to the Internet was widely available throughout
Cyprus, although some users reported difficulties in sending e-mail
between service providers in the two communities.
Neither the Government nor the Turkish Cypriot authorities
restricted academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
of the Republic of Cyprus provides for freedom of assembly and
association, and the Government generally respected these rights in
practice.
Although Turkish Cypriot authorities also generally respected these
rights, which are provided for in the basic law, they imposed
restrictions on bicommunal meetings (see Section 2.d.).
c. Freedom of Religion.--The Constitution of the Republic of Cyprus
provides for freedom of religion, and the Government generally
respected this right in practice. The basic law governing the Turkish
Cypriot community refers specifically to a ``secular republic,'' and
also provides for freedom of religion, and the authorities generally
respected this right in practice. Both the Government and the Turkish
Cypriot administration have constitutional or legal prohibitions
against religious discrimination. Turkish Cypriots residing in the
southern part of the island and non-Muslims living in the north were
allowed to practice their religions.
The 1960 Constitution of the Republic of Cyprus specifies that the
Greek Orthodox Church, which is autocephalous and not under the
authority of the mainland Greek Orthodox Church, has the exclusive
right to regulate and administer its internal affairs and property in
accordance with its holy canons and charter. The Constitution also
states that the Turkish Cypriot religious trust, the Vakf (the Muslim
institution that regulates religious activity for Turkish Cypriots),
has the exclusive right to regulate and administer its internal affairs
and property in accordance with Vakf laws and principles. No
legislative, executive, or other act may contravene or interfere with
the Orthodox Church or the Vakf. There are three other religious groups
recognized by the Constitution: Armenian Orthodox, Maronite Christians,
and Latins (Roman Catholics).
Religions other than the five recognized religions were not
required to register with government authorities; however, if they
desired to engage in financial transactions such as maintaining a bank
account, they had to register as a nonprofit company, and most did so.
Greek Cypriot residents of Rizokarpasso may visit the Apostolos
Andreas monastery without restriction, but others in the north must
apply to the local authorities for permission. Maronites may not visit
certain religious sites in the north located in military zones.
Armenians may not visit any religious sites in the north.
Reciprocal visits to religious sites, originally agreed to in 1997,
have been suspended since 2000. In May 2001, the ECHR ruled that the
Government of Turkey was responsible for restrictions imposed on Greek
Cypriots resident in the north to their access to places of worship and
participation in other areas of religious life. In April 2001, Turkish
Cypriot authorities and the Government of Cyprus agreed to assign a
second Orthodox priest to work in the north. A candidate was not
identified by year's end.
Although missionaries had the legal right to proselytize in both
communities, missionary activities were monitored closely by both the
Government and Turkish Cypriot authorities. Under laws that make it
illegal for a missionary to use ``physical or moral compulsion'' in an
attempt to make religious conversions, the police could initiate
investigations of religious activity based on a citizen's complaint.
They could also initiate an investigation if missionaries might be
involved in illegal activities threatening the security of the
Republic, constitutional or public order, or public health and morals.
There were occasional apprehensions under these laws that resulted in
publicity but no arrests. In June Turkish Cypriot police detained three
foreign citizens who were walking along a busy road with a large
Christian cross. They were warned that their activity was unwise in a
Muslim area and released.
There were no reports of religious prisoners or detainees in either
the Government-controlled area or the Turkish Cypriot community.
Instruction in the Greek Orthodox religion is mandatory for all
Greek Orthodox children and is taught in all public primary and
secondary schools, in the Government-controlled area. Jehovah's
Witnesses and Maronite parents may request that their children be
excused from such instruction. Such requests routinely were granted.
The 1975 Vienna III Agreement remains the basic agreement covering
treatment of Greek Cypriots and Maronites living in the north and
Turkish Cypriots living in the south. Among other things, this
agreement provides for facilities for religious worship. Greek Cypriots
living in the north reported that vacant Orthodox churches there were
vandalized and religious icons were removed. In August Turkish Cypriot
police arrested a suspect for stealing icons from a church now used as
an icon museum. Although Turkish Cypriots reported that unused mosques
in the south also were vandalized, the Government routinely carried out
maintenance and repair of mosques in the south.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--Both the Cyprus Constitution and the
basic law governing the Turkish Cypriot community provide for these
rights, and they were generally respected in practice. Both the
Government and the Turkish Cypriot authorities generally respected the
right to travel abroad and to emigrate. Turkish Cypriots had difficulty
traveling to most countries because travel documents issued by the
``TRNC'' are recognized only by Turkey. Most Turkish Cypriots used
Turkish travel documents instead.
Republic of Cyprus authorities discouraged travel to the northern
part of the island. They permitted day trips only by tourists to the
north, sometimes arbitrarily refused permission to non-Cypriots to
cross into the northern part of the island, and pressured foreigners
working in Cyprus not to cross to the north. They declared it illegal
to enter Cyprus except at authorized entry points in the south,
effectively barring entry into the Government-controlled area by
foreigners who entered the country from the north.
Turkish Cypriots traveling to the south had to seek prior
permission from the Turkish Cypriot authorities and had to provide them
with an itinerary and the purpose of their travel. To pass the Greek
Cypriot checkpoint, Turkish Cypriots had to provide their itinerary and
the date they intended to return home to the Greek Cypriot checkpoint
police. They did not need to notify the checkpoint police in advance,
but did need to prove they were Turkish Cypriots. The Government did
not limit the length of their stay in the south. Some Turkish Cypriots
reported being followed by Greek Cypriot police during visits to the
south.
Turkish Cypriot authorities generally allowed visits to the north
by persons whose initial point of entry into Cyprus was in the south,
but they denied entry to foreigners of Turkish Cypriot origin who had
entered Cyprus through the south. In 1995 the Turkish Cypriot
authorities instituted a policy under which foreign nationals of Greek
Cypriot origin would be permitted to visit the Turkish Cypriot-
controlled areas; however, implementation of the procedures remained
inconsistent and visitors of Greek Cypriot or Armenian origin, or
persons thought to have Greek or Armenian names, faced considerable
difficulties entering the north. In August 2001, Turkish Cypriot
authorities refused entry to a foreign government delegation, which
included a Greek-surnamed foreign national, on the grounds that the
delegation had not provided enough notice.
All visitors had to obtain a formal ``TRNC visa'' to enter the
north. Maronites were charged the same fee of $1.83 (1 Cyprus pound)
each time they crossed. Requests to cross into the north had to be
submitted 48 hours in advance.
Since 2000 Turkish and Turkish Cypriot forces operated a checkpoint
in a location adjacent to the Greek Cypriot village of Strovilia and
the British eastern SBA. Although access to Strovilia had been
previously largely unimpeded, the checkpoint provided Turkish forces
the ability to control the approach to the village. Despite protests
from the UNFICYP and others, Turkish forces remained at the contested
checkpoint at year's end in violation of the status quo. Turkish forces
restricted UNFICYP movement, including refusing to allow the UNFICYP to
operate a checkpoint in Kokkina.
In July 2000, the Government denied Turkish Cypriots land passage
to Kokkina, a coastal area containing a Turkish Cypriot memorial and
surrounded by government-controlled area. These visits were part of a
1997 reciprocal visit arrangement that also included travel to certain
religious sites. In August and November 2000, Turkish Cypriot officials
denied access to southern Greek Cypriots to visit one of these sites.
Reciprocal visits have been suspended since 2000.
During the year, the Council of Europe continued to call on the
Turkish government to comply with the ECHR's decision in 1996 calling
for it to compensate a Greek Cypriot woman who was prevented from going
to her property in northern Cyprus. The ruling reaffirmed the validity
of property deeds issued prior to 1974. Approximately 80 similar cases
filed by Greek Cypriots through the Office of the Attorney General
against Turkey were declared admissible by the ECHR, but no judgments
had been issued in any of the other cases by year's end. Reports
indicated that other cases not filed through the Attorney General's
Office may also be pending.
Turkish Cypriot authorities in the past had approved most
applications for Turkish Cypriots to participate in bicommunal meetings
in the U.N.-controlled buffer zone, but in December 1997, they
suspended Turkish Cypriot participation in these meetings pending a
reevaluation of bicommunal activities. The ``suspension'' soon became a
defacto Turkish Cypriot ban on bicommunal contacts on Cyprus. However,
since June 2000, Turkish Cypriot authorities eased the ban, and on a
case-by-case basis allowed some Turkish Cypriots to participate in
bicommunal events in and across the buffer zone.
Greek Cypriots still had to obtain a Turkish Cypriot ``visa'' to
visit the north. Turkish Cypriot authorities also attempted to
interfere with some bicommunal events taking place outside Cyprus by
requiring civil servants to seek permission from their employer and the
Turkish Cypriot ``Ministry of Foreign Affairs'' before they could
participate. Enforcement of the policy has been inconsistent, with some
public officials permitted to attend off-island bicommunal events.
Private citizens have been allowed to travel to off-island bicommunal
events.
In September the Turkish Cypriot Public Service Commission formally
reprimanded five Turkish Cypriot teachers who went to Istanbul to
participate in a bicommunal choir activity for traveling abroad and not
being present for their duties without receiving permission from the
authorities; the reprimand was placed in their personnel files and may
affect their immediate opportunities for promotion.
In 2000 Turkish Cypriot authorities announced the easing of
restrictions on the 417 Greek Cypriots and 147 Maronites living in the
north. Turkish Cypriot authorities usually granted applications of
Greek Cypriot residents in the north to visit the Government-controlled
area. Visits to the south were limited to a total of 6 months per year.
The applicants had to return within the designated period or they
risked losing their right to return home and to keep their property,
although this rule rarely was enforced in practice. Overnight stays by
relatives of Greek Cypriots and Maronites living in the north also were
limited to a ``reasonable period'' (to be determined by Turkish Cypriot
authorities), with extensions possible. There were also reports that
Turkish Cypriot authorities prevented unlimited travel to the north by
family relatives. Greek Cypriots visiting from the south could not
travel to the north in their personal vehicles; they were obliged to
use taxis or buses and pay crossing fees of $1.83 (1 Cyprus pound).
Similar restrictions existed for visits by Maronite residents of
the north to the Government-controlled areas, but were applied much
more loosely than those for Greek Cypriots, and Maronite travel is
relatively unrestricted. Maronites whose relatives live in the northern
part may travel to the north in their own vehicles, but still had to
pay crossing fees.
Turkish Cypriot authorities permitted school holiday and weekend
visits for all full-time Greek Cypriot and Maronite students,
regardless of age and gender, who moved south to continue their
studies. However, male Greek Cypriot students must demonstrate they are
not yet performing military duties. Greek Cypriots and Maronites
resident in the north no longer require police permits for internal
travel and may use private vehicles registered and insured in the
north. Implementation of this policy has been inconsistent.
The Government generally cooperated with the office of the UNHCR.
Cyprus continued to attract a growing number of asylum seekers (652
applications by November), many of whom arrived in small boats. Many
claimed to be from the Middle East, including Iraq. These cases were
referred to the Government's asylum unit, established on January 1
(implementing legislation was enacted on January 7). If given refugee
status, the applicant was granted a 3-year residence permit renewable
for an additional 3 years. If applicants met the criteria for refugee
status, they were permitted to stay and were given temporary work
permits. However, refugees generally were not granted permanent
resettlement rights, although they were permitted to remain until
resettlement in another country could be arranged.
The Government's asylum unit handled all cases submitted after
January. All cases submitted before that date were handled by the
UNHCR, whose decisions were considered binding by the Government. At
year's end, there were approximately 900 cases pending before the
UNHCR. A 130-bed detention facility to house arriving migrants until
their cases are evaluated was constructed and will open once
administrative and support staff have been hired.
In the north, cooperation between the Turkish Cypriot authorities
and the UNHCR was uneven. During the year, working with the assistance
of a local nongovernmental organization (NGO), the UNHCR began
examination of the asylum claims of four persons who entered the north
in accordance with official procedures. Their case remained pending at
year's end. Forty-four asylum seekers who arrived in the north without
proper documentation were arrested and subsequently deported to their
country of origin.
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
Multiparty political systems exist throughout Cyprus. The
Republic's Constitution provides citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage. Political parties competed for popular support
actively and without restriction. Elections for the office of President
are held every 5 years; in February 1998, President Clerides won
reelection to another 5-year term. Elections for members of the House
of Representatives are held every 5 years or less.
The basic law provides Turkish Cypriots living in northern Cyprus
with the right to change their government peacefully, and they
exercised this right in practice through periodic, free, and fair
elections held on the basis of universal suffrage. A leader and a
representative body are elected every 5 years or less; in December
1998, they chose a new ``National Assembly.'' In April 2000, Rauf
Denktash was named Turkish Cypriot leader after his opponent, ``Prime
Minister'' Dervish Eroglu, withdrew between the first and second rounds
of voting.
Under the 1960 Constitution, voting takes place on a communal
basis. Since the breakdown in 1963 of bicommunal governing
arrangements, and the 1974 de facto partition of the island, Turkish
Cypriots living in the Government-controlled area were barred from
voting there, although they may travel to the north to vote in
elections. Similarly Greek Cypriots and Maronites living in the north
are barred by law from participating in Turkish Cypriot elections; they
are eligible to vote in Greek Cypriot elections but must travel to the
south to exercise that right. Officials in the north representing Greek
Cypriots and Maronites are appointed by the Government of Cyprus and
are not recognized by Turkish Cypriot authorities.
In both communities, women faced no legal obstacles to
participating in the political process. Women held some cabinet-level,
judicial, and other senior positions. In the House of Representatives,
women held 6 of 56 seats; in the ``National Assembly'' in the north,
women held 4 of 50 seats.
In addition to their political voting rights, the small Maronite,
Armenian, and Latin (Roman Catholic) communities also elected special
nonvoting representatives from their respective communities who sat in
the Government's legislative body.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
No restrictions prevent the formation of human rights groups. A
number of NGOs in both areas of the island considered themselves human
rights groups; however, they generally were concerned with alleged
violations of the rights of their community's members by members of the
other community. Groups with a broader human rights-related mission
included organizations promoting awareness of domestic violence, and
those concerned with allegations of police brutality. Representatives
of international human rights organizations had access throughout the
island. All of these groups generally operated without restrictions by
the authorities, and officials were cooperative and responsive to their
views.
The United Nations, through the autonomous tripartite (U.N., Greek
Cypriot, Turkish Cypriot) Committee on Missing Persons in Cyprus (CMP),
is attempting to resolve the problem of missing persons who remained
unaccounted for after the intercommunal violence beginning in 1963-64
and the events beginning July 1974. The CMP made little progress due
primarily to Turkish Cypriot reluctance to proceed without first fully
accounting for those who may have been killed in internal Greek Cypriot
fighting in July 1974, prior to the landing of Turkish forces on the
island. In December 2001, the leaders of both communities met to
discuss the missing and agreed to redouble efforts to resolve the issue
in cooperation with the CMP. As part of the direct talks that began in
January, the two leaders exchanged several documents, but did not
progress beyond this exchange.
Since June 1999, the Government has conducted exhumations of
gravesites in the south that were thought to contain the remains of
persons missing since 1974. By year's end, the remains of 127 Greek
Cypriots were identified through DNA testing. Of those, 31 were listed
among those missing since 1974. The remaining 96 were known to be dead,
but the location of their graves previously was unknown. The Turkish
Cypriot authorities did not cooperate in this DNA identification
effort. In July 2000, the Government released a list of 1,493 missing
Greek Cypriots whose cases were submitted to the CMP for investigation.
In May 2001, the ECHR ruled that the Government of Turkey was
responsible for continuing human rights violations against Greek
Cypriots missing since the 1974 Turkish military intervention and their
surviving relatives. The ECHR declined jurisdiction to examine some of
the Government's complaints regarding the violation of rights of
Turkish Cypriots, ruling that such persons could and should first
exhaust domestic remedies provided by Turkey through judicial bodies
established in the north.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Laws in both communities provide for protection against
discrimination based on sex or national, racial, or ethnic origin.
While each community generally respected such laws, serious problems
remained concerning the treatment of the Greek Cypriots and Maronites
living in the north and, to a lesser extent, concerning the treatment
of Turkish Cypriots living in the Government-controlled area.
Women.--Spousal abuse in the Government-controlled area was a
problem and continued to receive increased attention. An NGO formed to
address domestic abuse reported an increase of 38 percent in the number
of cases handled during the year, compared to 2001. Women constituted
81 percent of the reported victims, children 10 percent, and men 9
percent. However, the NGO noted that the 2001 figures were unreliable
due to short staffing of the NGO's hot line. A small professional staff
ran the NGO and relied on a volunteer staff to answer calls received by
its hot line. The NGO also operated a shelter for battered women and
children in Nicosia, which served 38 women and 30 children during the
year, a 26 percent increase in women and 33 percent increase in
children sheltered compared to 2001.
The law makes family violence easier to report and prosecute and
provides that the testimony of minors and experts such as psychologists
may be used as evidence to prosecute abuses. The law also provides for
prison terms for the abuse of family members. Many suspected cases of
domestic violence did not reach the courts, largely because of family
pressure and wives' economic dependence on their husbands. Very few
cases tried in the courts have resulted in convictions.
Domestic violence in the Turkish Cypriot community was reportedly a
problem, but little public discussion of such violence occurred.
Domestic violence cases were rare in the Turkish Cypriot legal system,
since they are typically considered a ``family matter.''
``Honor'' crimes, in which women are victimized and even killed by
relatives for alleged acts that ``dishonor'' the family, have not
occurred for many years in either the Government-controlled area or in
the Turkish Cypriot community. No ``honor'' crime-related deaths or
injuries were reported on the island during the year.
Republic of Cyprus law does not prohibit ``voluntary''
prostitution; however, sexual exploitation and trafficking of adults
and children is a felony. Reports continued to come from credible
sources that women were trafficked for sexual exploitation and forced
into prostitution in both communities (see Section 6.f.).
The Greek Cypriot press reported on the mistreatment of some maids
and other foreign workers (see Sections 6.c. and 6.e.).
There is no law against sexual harassment in the Government-
controlled area. Although prohibited by law in the north, sexual
harassment was not discussed widely, and any such incidents largely
were unreported. Throughout Cyprus, women generally had the same legal
status as men. Both Greek and Turkish Cypriot women married to
foreigners have the right to transmit citizenship automatically to
their children.
A 1998 Turkish Cypriot law on marriage and divorce provides for
more equal treatment of husbands and wives. Under the law, the man no
longer is considered the legal head of family and does not have the
exclusive right to decide the family's place of residence. The wife may
retain her surname, but must also add the husband's surname. Turkish
Cypriot women may marry non-Muslim men. In cases of divorce, the court
decides on a fair distribution of the family's assets, with each
partner assured a minimum of 30 percent. In dividing assets, the judge
must take into account which partner is receiving custody of the
children and provide sufficient means to support them.
Legal provisions in both the Government-controlled area and the
Turkish Cypriot community that require equal pay for men and women
performing the same job were enforced effectively at the white collar
level, but Turkish Cypriot women in the north employed in the
agricultural and textile sectors routinely were paid less than their
male counterparts.
Children.--Both the Government and the Turkish Cypriot authorities
were strongly committed to children's rights and welfare; they fund
public education and health care for those who cannot afford it. In the
Government-controlled area, approximately 85 percent of the population
was eligible to receive public health care. There was no difference in
the health care and educational opportunities available to boys and
girls. In the Government-controlled areas, free education was available
at all levels through the age of 18. Education was compulsory up to the
age of 15 or completion of secondary school. In the Turkish Cypriot
community, education through the age of 15 was free and compulsory.
Despite improvements in living conditions for Greek Cypriots and
Maronites, there were no Greek-language educational facilities beyond
the elementary level in the north. For this reason, parents often were
forced to choose between keeping their children with them, or sending
them to the south for further education. In this case, Turkish Cypriot
authorities did not permit these children to return to live permanently
in the north.
Turkish Cypriot authorities screened all textbooks sent from the
south to Greek Cypriot elementary schools in the north, which caused
lengthy delays in their distribution, and shortages of up-to-date
textbooks. The Government reported that Turkish Cypriot authorities
removed pages from textbooks sent from the south. In August 2001, a
request by the Government to send a fourth teacher to the Greek Cypriot
school in the north was rejected by Turkish Cypriot authorities.
There was no societal pattern of abuse of children.
Persons with Disabilities.--In Cyprus persons with disabilities did
not generally face discrimination in education or the provision of
state services. In the Greek Cypriot community persons with
disabilities who apply for a public sector position are entitled to
preference if they are deemed able to perform the required duties and
if their qualifications are equal to those of other applicants. The law
provides for equal opportunities for persons with disabilities, which
includes regulations promoting equal opportunities in the areas of
employment, transportation, and recreation. In the Turkish Cypriot
community, regulations require businesses to employ 1 person with
disabilities for every 25 positions they fill, although enforcement was
inconsistent.
The law in the Greek Cypriot community mandates that new public
buildings and tourist facilities be accessible to all, although little
has been done to enforce the law, despite the enactment in 2000 of
relevant regulations. While there is increasing awareness of the issue
of accessibility to public buildings for persons with disabilities, the
Turkish Cypriot authorities have not enacted legislation to mandate
access to public buildings and other facilities for persons with
disabilities.
National/Racial/Ethnic Minorities.--Constitutional or other legal
mechanisms prohibit discrimination in both communities. The 1975 Vienna
III Agreement remains the legal basis covering the treatment of Greek
Cypriots and Maronites living in the north, and Turkish Cypriots living
in the south. The agreement provides for the voluntary transfer of
populations, free and unhindered access by the UNFICYP to Greek
Cypriots and Maronites living in the north, and Turkish Cypriots living
in the south, and facilities for education, medical care, and freedom
of religion. In practice, noncompliance with some of the provisions of
the Vienna III Agreement by Turkish Cypriot authorities made daily life
difficult for Greek Cypriots and Maronites living in the north. At
year's end, there were 417 Greek Cypriots and 147 Maronites resident in
the north.
Government of Cyprus figures for the number of Turkish Cypriots
living in the Government-controlled area range from 360 (in the 2001
census) to 1,204 (according to the Ministry of Interior). Some of the
Turkish Cypriots living in the Government-controlled area faced
difficulties in obtaining identification cards and other government
documents, especially if they were born after 1974. Turkish Cypriots
reportedly were subjected to surveillance by the Greek Cypriot police
(see Section 1.f.). However, they made few formal complaints to UNFICYP
about their living conditions in the south.
UNFICYP access to Greek Cypriots and Maronites living in the north
remained limited. Despite improvements in living conditions for Greek
Cypriots and Maronites, no Greek-language educational facilities for
Greek Cypriot or Maronite children in the north exist beyond the
elementary level (see Section 5). Both Greek Cypriots and Maronites
living in the north were unable to change their place of residence at
will. Although the Vienna III Agreement provides for medical care by a
doctor from the Greek Cypriot community, only care provided by a
Turkish Cypriot doctor registered with Turkish Cypriot authorities was
permitted. Additional telephone lines have been installed for Greek
Cypriots living in the north, although they, like Turkish Cypriots,
must pay higher, ``international'' fees to make calls to the south.
Maronites continued to lack some public services available in most
other Turkish Cypriot areas. Greek Cypriots and Maronites resident in
the north were still unable to leave property to heirs residing in the
south.
Section 6. Worker Rights
a. The Right of Association.--All workers except for members of the
police and military forces have the legal right to form and join trade
unions of their own choosing without prior authorization; however, in
the Government-controlled area, police officers were permitted only to
join associations that have the right to bargain collectively but not
to go on strike. More than 70 percent of the Greek Cypriot workforce
belonged to independent trade unions. Approximately 50 to 60 percent of
Turkish Cypriot private sector workers, and all public sector workers,
belonged to labor unions.
In the Turkish Cypriot community, union officials alleged that
various firms were successful in establishing ``company'' organizations
and then pressing workers to join these unions. Officials of
independent labor unions also accused the Turkish Cypriot authorities
of creating rival public sector unions to weaken the independent
unions.
In both the Government-controlled area and the Turkish Cypriot
community, trade unions freely and regularly took stands on public
policy issues affecting workers and maintained their independence from
the authorities. Two of the major trade unions, one in each community,
were affiliated closely with political parties. Both of the other major
unions were independent.
Antiunion discrimination is not illegal in the Turkish Cypriot
community. Union leaders contended that private sector employers were
able to discourage union activity because the enforcement of labor
regulations was sporadic, and penalties for antiunion practices were
minimal. As in the Government-controlled area, parties to a dispute may
request mediation by the authorities. Antiunion discrimination is
illegal in the Government-controlled area.
Unions in both parts of Cyprus may and did affiliate with
international trade union organizations, although Greek Cypriot unions
sometimes objected to recognition of Turkish Cypriot unions formed
after 1963.
b. The Right to Organize and Bargain Collectively.--By law trade
unions and confederations are free to organize and bargain collectively
throughout Cyprus. This right was generally observed in practice in the
Government-controlled areas, and most wages and benefits were set by
freely negotiated collective agreements; however, Greek Cypriot
collective bargaining agreements were not enforceable. In the rare
instances in which persons claimed that such agreements were infringed
upon, the Ministry of Labor has been requested to investigate. If the
Ministry is unable to resolve the dispute, the union may call a strike
to support its demands.
In the Turkish Cypriot community, wage levels were reviewed several
times a year for both private and public sector workers, and a
corresponding cost-of-living raise was established. A special
commission composed of five representatives each from organized labor,
employers, and the authorities conducted the review.
All workers have the right to strike; however, in the northern part
of the island, employers have an unrestricted right to hire replacement
workers in the event of a strike, thereby limiting the effectiveness of
the right to strike. In addition, authorities in both the Government-
controlled area and the Turkish Cypriot community have the power to
curtail strikes in ``essential services,'' although this power was used
rarely in practice. There were no major strikes during the year.
Small export processing zones (EPZs) existed in the port of Larnaca
and in Famagusta; the laws governing working conditions and actual
practice in the EPZs are the same as those outside the zones.
c. Prohibition of Forced or Bonded Labor.--Laws prohibit forced or
bonded labor throughout the country, including by children. Foreign
maids and illegal foreign workers reportedly were subject to the
nonpayment of wages and the threat of deportation (see Section 6.e.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--In both the Government-controlled area and the Turkish
Cypriot community, the minimum age for employment in an ``industrial
undertaking'' is 16 years of age. Turkish Cypriots may be employed in
apprentice positions at the age of 15. There were labor inspectors in
both communities who enforced the law effectively. However, in family-
run shops it was common for younger children to work after school, and
according to press reports, children as young as 11 or 12 years of age
worked in orchards during their school holidays in the Turkish Cypriot
community.
In 2001 a law enacted by the Government updated provisions of
previous legislation in line with the EU ``acquis.'' The new
legislation significantly increased fines for child labor abuses and
added regulations that deal with culture, sports, and advertising.
e. Acceptable Conditions of Work.--The legislated minimum wage in
the Government-controlled area, which is reviewed every year, was
approximately $538 (294 Cyprus pounds) per month for shop assistants,
practical nurses, clerks, hairdressers, and nursery assistants. The
wage rose to $581 (318 Cyprus pounds) after 6 months' employment.
Neither amount was sufficient to provide a decent standard of living
for a worker and family. Unskilled workers typically earned about $475
(260 Cyprus pounds) per month, which was barely adequate to support a
family. All other occupations were covered under collective bargaining
agreements between trade unions and employers within the same economic
sector, and the wages set in these agreements were significantly higher
than the legislated minimum wage (see Section 6.b.). The legislated
minimum wage in the Turkish Cypriot community, while subject to
frequent review because of high inflation, was approximately $238 (380
million Turkish lira) per month at year's end. This amount was
insufficient to provide a decent standard of living for a worker and
family.
In the Government-controlled area, the legal maximum workweek in
the private sector was an average of 39 hours for white-collar workers
and 38 hours for blue-collar workers. In the public sector, it was 38
hours during the winter and 35 hours in the summer. In the Turkish
Cypriot community, the legal maximum workweek was 38 hours in the
winter and 36 hours in the summer. Labor inspectors effectively
enforced these laws.
Steps have been taken to improve health and safety standards in the
workplace in the Government-controlled area. A 1997 law harmonized
health and safety standards with those in the EU. The law incorporates
EU principles and standards for health and safety in the workplace and
complies fully with the 1981 International Labor Organization
convention on occupational health and safety. A second 1997 law
requires employers to provide insurance liability coverage for work-
related injuries. According to labor union officials, these laws were
enforced effectively.
Occupational safety and health regulations were enforced
sporadically in the Turkish Cypriot community. In both the Government-
controlled and the Turkish Cypriot areas, factory inspectors processed
complaints and inspected businesses in order to ensure that
occupational safety laws were observed. Workers in the Government-
controlled area may remove themselves from dangerous work conditions
without risking loss of employment. Turkish Cypriot workers who file
complaints do not receive satisfactory legal protection and may face
dismissal.
There were reports about the mistreatment of maids and other
foreign workers in the Greek Cypriot press. Such reports usually
involved allegations that maids, often from East or South Asia, were
mistreated by their employers or fired without cause in violation of
their contracts. Many women did not complain to authorities, fearing
deportation. A law passed in 2001 protects domestic workers who file a
complaint with the Labor Ministry from being deported until their cases
have been adjudicated.
A significant percentage of the labor force in the north consisted
of illegal migrants, mostly from Turkey. According to some estimates,
illegal workers constituted as much as 10-15 percent of the total work
force there. There were frequent allegations that such workers were
subject to mistreatment, including the nonpayment of wages and threats
of deportation.
f. Trafficking in Persons.--The law in the Government-controlled
area criminalizes trafficking, but the regulations in the Turkish
Cypriot community do not specifically prohibit trafficking. During the
year, there continued to be credible reports that women were trafficked
into both communities for the purpose of prostitution.
In 2000 the Cypriot legislature passed a law making it a felony to
engage in the sexual exploitation and trafficking of adults (with or
without their consent) and children. The law provides for punishment of
up to 20 years' imprisonment for trafficking. There were no reported
convictions during the year; however, three individuals were charged
with trafficking (``exploitation'') under the new law in 2001, and
their cases were pending at year's end. A holdover from British
preindependence law makes it illegal in both communities to procure a
woman for prostitution, although the crime is only a misdemeanor.
During the year, the office of the Ombudsman began preparing a report
on trafficking in persons in Cyprus, to be published in 2003.
In January 2000, the Turkish Cypriot ``National Assembly'' passed a
law designed to regulate the hiring of women in nightclubs, including
penalties for women and employers who engage in prostitution; the law
does not prohibit trafficking. Turkish Cypriot authorities denied the
existence of trafficking, and no resources specifically were earmarked
to combat it. While past corruption among law enforcement and
immigration personnel was an obstacle to the effective policing and
prevention of trafficking in both communities, the Government and the
Turkish Cypriot authorities have increased their focus on combating and
preventing trafficking.
Traffickers in Eastern Europe recruited young women for
prostitution in the Government-controlled area. The women came
principally from Ukraine, Romania, Moldova, Russia, and Bulgaria. Most
of them entered the country on temporary 3-month work permits. In some
instances, the women reportedly were forced to surrender their
passports or stay beyond the period of their work permits, and in some
cases, they reportedly were not paid their full salaries. A similar
pattern existed in the recruitment and hiring of Eastern European women
to work in the Turkish Cypriot community, and reports persisted
regarding coercion of nightclub workers, such as the confiscation of
their passports. Estimates on the extent of the problem were difficult
to obtain.
The law obligates the State to provide protection and support for
victims. The Government made some efforts to protect women who brought
complaints against employers by allowing them to remain in the country
to press charges, or by facilitating their return home. Under the law,
the Government must also provide shelter, medical, and psychiatric care
until the victims have recovered from the trauma of their experiences.
The Government reported receiving complaints against employers for
exploitation. While the cases were pending, the women stayed in Cyprus
at government expense. However, by year's end, all had chosen to leave
Cyprus just before the trial date, and the Government was left each
time with no witnesses.
Persons convicted of trafficking may be required by the court to
pay for this provision of shelter and medical care, in addition to any
repatriation costs. The Government may appoint a guardian for victims
to advise and give counsel, and to represent the victim with the
appropriate government agency. Victims may sue traffickers for damages.
There were no similar legal provisions in the Turkish Cypriot
community; consequently, many of the women were reluctant to press
charges, fearing retaliation by employers or deportation.
NGOs that protect the rights of women and immigrant workers were
available to assist victims of trafficking; however, they reported that
they rarely received any requests for assistance.
__________
CZECH REPUBLIC
The Czech Republic is a constitutional parliamentary democracy with
a bicameral Parliament. Following elections in June, Prime Minister
Vladimir Spidla's left-of-center Social Democrat Party joined forces
with the centrist Christian Democrat and center-right Freedom Union
parties to form a coalition government that placed the right-of-center
Civic Democrat Party and the Communists in opposition. Spidla's
coalition held a one-seat majority in Parliament. President Vaclav
Havel, in his second 5-year term, had been in office since 1993. The
Constitution provides for an independent judiciary, but the judiciary
was somewhat hampered by structural and procedural deficiencies and a
lack of resources.
The Ministry of the Interior oversaw the police. The civilian
internal security service, known as the Security and Information
Service (BIS), reported to the Parliament and the Prime Minister's
office through the Foreign Minister, who was a Deputy Prime Minister.
Police and BIS authorities generally observed constitutional and legal
protection of individual rights in carrying out their responsibilities.
However, some members of the police committed some human rights abuses.
The economy was market-based, with over 80 percent of the gross
domestic product (GDP) produced by the private sector. The country's
population was approximately 10.3 million. The economy grew by
approximately 2 percent during the first half of the year. Inflation
decreased to 2 percent, while unemployment increased to 10 percent. The
workforce was employed primarily in industry, retail trade, and
construction.
The Government generally respected the human rights of its
citizens; although there were a few problems in some areas, the law and
judiciary provided effective means of dealing with individual instances
of abuse. Occasional police violence and use of excessive force
remained a problem. Long delays in trials were a problem, due to
structural and procedural deficiencies as well as a lack of resources
for the judicial system. There were some limits on freedom of
association for groups that promoted racial hatred and intolerance.
There was some violence and discrimination against women. Violence
against children remained a problem. Discrimination and occasional
skinhead violence against Roma remained problems. There were reports
that employers attempted to prevent the formation of collective
bargaining agreements. Trafficking in women and children was a problem.
Reform of the country's political and economic structure led to an
invitation in December to join the European Union (EU) in May 2004. The
Czech Republic was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Investigations continued in unresolved cases from previous years,
including the 1967 killing of Charles Jordan, in which involvement of
the Czechoslovak state security service was suspected.
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 reports that police occasionally used excessive force.
In April 2001, a police officer in Ostrava was charged with
assaulting a suspect during questioning; the officer was not suspended,
and remained on the force pending the outcome of the case, which was
ongoing at year's end.
On March 1, five police officers were suspended and formally
charged with racially-motivated violence and abuse of power in the 2001
beating of a Rom in Karlovy Vary; the five were awaiting trial at
year's end. At times individual police officers reportedly failed to
take sufficient action in cases of threats or attacks against Roma.
However, in general, the police continued to treat such incidents in a
more serious and professional manner than in the past (see Section 5).
A lawsuit filed by a protestor after the September 2000 protests
against the International Monetary Fund and the World Bank alleged that
police had beaten and otherwise mistreated him during his detention
remained pending at year's end.
The Office for the Documentation and Investigation of the Crimes of
Communism (UDV) continued to investigate cases of torture and
misconduct from the Communist era (see Section 1.e.). The case of two
former secret police officers accused of torturing dissident Vladimir
Hucin remained under investigation at year's end.
Skinhead violence against Roma and other minorities remained a
problem (see Section 5).
Prison conditions generally met international standards. There was
overcrowding in many prisons; however, overcrowding declined during the
year. By mid-year the prison system was at 93 percent of capacity, with
the total number of prisoners at 16,512. The ratio of prisoners to
prison guards was approximately three to one. Women and men were held
separately, juveniles were held separately from adults, and pretrial
detainees were held separately from convicted prisoners. Attorney and
family visits were permitted. The authorities followed these guidelines
in practice.
On October 1, a new facility allowing female prisoners to care for
their infants while incarcerated was opened within the Svetla nad
Sazavou prison. The unit accommodates 15 prisoners and their three-
year-old and younger children. In exceptional cases, female prisoners
were also allowed to care for their 4 and 5-year-old children at the
facility.
The Government permits visits by independent human rights
observers.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
Lengthy pre-trial detention and long delays in trials were
problems. Police may hold persons without charge for up to 48 hours,
during which time they have the right to counsel. The law does not
allow bail for certain serious crimes. Under the law, pretrial
detention may last no longer than 4 years and then only for cases
considered ``exceptionally grave'' under the Criminal Code. Pre-trial
detention for most crimes may last as long as 2 or 3 years, with
mandatory judicial review intervals beginning at the end of the first 6
months of detention. If the court did not approve continued detention
during a judicial review, the suspect must be released. In practice few
pre-trial detainees were held for longer than 2 years. As of September,
the average length of pre-trial detention was 81 days. A suspect may
petition the appropriate investigating authorities at any time for
release from detention.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, structural and procedural deficiencies,
as well as a lack of training and resources hampered the effectiveness
of the judiciary.
A judicial reform law took effect on April 1 that provides for term
limits of 10 years for Constitutional Court judges, a mandatory
retirement age of 70 for all judges, and measures to streamline the
judicial process. A provision mandating continuing education and
evaluation of judges was struck down by the Constitutional Court in
July for infringing upon the independence of the judiciary.
The court system consists of district, regional, and high courts.
The Supreme Court is the highest court of appeal. The separate
Constitutional Court has final authority for cases concerning the
constitutionality of legislation. Under the terms of the new law, the
President was the appointing authority for all judges, and judges who
had at least 10 years' experience as lawyers were eligible for
appointment to the Supreme Court.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Defendants have the right to
be informed of their legal rights and of the charges against them, to
consult with counsel, and to present a defense. The State provided
lawyers for indigent defendants in criminal and some civil cases
through the bar association. All defendants enjoy a presumption of
innocence and have the right to refuse to testify against themselves.
They may appeal any judgments decided against them. However, the lack
of experienced police investigators and qualified judges combined with
a still-evolving legal environment contributed to a backlog of court
cases. As of July, the Ministry of Justice reported that there were 391
judges and 268 prosecutors needed to fill vacant positions; 395 judges
and 113 prosecutors had been identified to fill these empty positions
and were undergoing training at that time.
The UDV continued to investigate as criminal acts some actions
taken by state authorities and the Communist Party during the 1948-1989
Communist regime. The UDV, an independent part of the Czech Police
Office of Investigations, was empowered to launch and conduct
prosecutions and to propose the filing of suits to State Attorney's
offices. As of July, the UDV had launched the prosecution of 171
persons in 84 separate criminal cases. Nine of those were sentenced;
five were placed on probation, and four received unconditional
sentences, the longest of which was 5 years' imprisonment.
Approximately 2,000 investigations were dropped because of the death of
suspects or witnesses, various presidential amnesties, or statutes of
limitation.
The UDV continued to work with Charles University to prepare
``moral trials'' to discuss crimes whose perpetrators could not be
punished because of their death or a statute of limitation. It targeted
primarily cases of torture (see Section 1.c.); border shootings;
treason (connected with the 1968 Warsaw Pact invasion of
Czechoslovakia); state repression of opponents of the Communist regime;
and investigation of Czech authorities whose negligence caused exposure
of citizens to hazardous waste from the nuclear accident in Chernobyl.
Although the statute of limitations for many of the Communist-era
crimes under investigation by the UDV had been set to expire in 2000,
in December 1999, Parliament voted to suspend the statute of
limitations for serious crimes committed during the Communist regime,
enabling the UDV to continue investigating these cases. The Interior
Ministry extended the UDV's mandate indefinitely and lengthened the
period covered to include 1945-1948.
On July 25, Lubomir Strougal, former Czechoslovak Premier and
Interior Minister, was acquitted of charges of interference with murder
investigations during the Communist regime to protect members of the
secret police.
On September 23, former Communist officials Milos Jakes and Jozef
Lenart were acquitted on charges of treason and subversion for their
complicity with the Soviet Union following the 1968 Warsaw Pact
invasion of Czechoslovakia. In December 2001, charges of treason and
subversion were filed against Communist-era judge Pavel Vitek for his
role in Communist show trials. His case was pending at year's end.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Electronic
surveillance, the tapping of telephones, and the interception of mail
required a court order, and violations were 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 generally respected these
rights in practice. Individuals could and did speak out on political
topics and freely criticized the Government and public figures.
In separate decisions early this year, the courts rejected both a
criminal complaint filed by the Government in November 2001 against
Petr Holub, the publisher of the magazine Respekt, and a lawsuit filed
by then-Minister of Trade and Industry Miroslaw Gregr. Holub had
accused the then Prime Minister of corruption in a 2001 article.
The print media were varied and independent and published without
interference by the Government; however, there were restrictions on
certain types of propaganda. In addition, the editorial staffs of many
newspapers were viewed widely by the public and politicians as favoring
certain political parties. There were four national newspapers and two
national tabloids, along with numerous regional and local newspapers.
There were also many magazines and journals that covered a wide
spectrum of topics. Various Czech and foreign investors owned the print
media.
The electronic media were independent. There were three national
television stations: One public (with two separate channels) and two
private, and more than 61 private radio stations, in addition to Czech
Public Radio. A third private television station, TV3, ceased
operations in January following a protracted battle among its investors
over control of the company. The leading television channel, Nova, was
privately owned. Citizens also had access to foreign broadcasts via
satellite, cable and the Internet. The State funded television and
radio programs for Roma on public stations, and also supported Romani
publications.
A 13-member Council for Radio and Television Broadcasts had limited
regulatory responsibility for policy-making and answered to the
parliamentary media committee, which exercised broad oversight of the
Council and had to approve its members. The Council could issue and
revoke radio and television licenses and monitored programming.
There was also a nine-member Czech Television (CTV) Council charged
with oversight of public Television.
In the closely watched case of journalist Zdenek Zukal, Zukal
continued to face three charges of criminal libel for reporting that
police had provided false information in their investigation of high-
level corruption in Olomouc. In December 1999, Zukal was charged with
slander for publishing documents he knew, or should have known to be
forgeries. One day before a planned presidential pardon, local
authorities changed the charge to false accusation. Zukal's trial was
delayed when the presiding judge was removed from the case in January
for bias, after an appeal to a higher court. The case remained ongoing
at year's end.
The Penal Code imposes prison terms of between 6 months and 3 years
on persons who denied the Nazi Holocaust or the Communist genocide had
taken place. The law also outlawed the incitement of hatred based on
race, religion, class, nationality, or other group.
In August 2001, authorities brought charges against a Communist
activist for supporting a movement leading to the suppression of
citizens' rights and freedoms and inciting panic and criminal slander.
The accused had repeatedly called for imposition of a dictatorship of
the proletariat, nationalization of industry and capital, and a return
to Communist rule. He had also labeled several prominent politicians
``criminals and traitors.'' The case remained pending at year's end.
In September 2001, the Republican Party filed a similar criminal
complaint against the League of Ethnic Minorities over a series of
public service announcements using humor to discredit far-right and
neo-Nazi supporters. The complaint was later dismissed for lack of
merit.
A Freedom of Information law provided for freedom of access to
information under the control of state and local authorities as well as
other institutions, and citizens exercised this right in practice.
Citizens also had access to foreign broadcasts via satellite,
cable, and the Internet. The Government did not restrict or monitor
access to the Internet.
The law provides for academic freedom, but forbids activities by
established political parties at universities.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly, and the Government generally
respected this right in practice; however, it may legally restrict
assemblies that promoted hatred and intolerance, advocated suppression
of individual or political rights, or otherwise jeopardized the safety
of participants. Permits normally were required for demonstrations, but
police generally did not interfere with spontaneous, peaceful
demonstrations.
During the year, skinhead groups organized rallies and protests. In
keeping with the Interior Minister's publicly stated displeasure with
such events, the police closely monitored skinhead and neo-Nazi
activities. The cases of eight persons arrested in May 2001 in
connection with a skinhead concert that took place in April of that
year were still pending at year's end. Four were accused of
``supporting and promoting movements designed to suppress civil rights
and freedoms.'' The other four were accused of ``publicly expressing
sympathies for fascism'' (see Section 5).
The law forbids political party activity of any kind at
universities (see Section 2.a.).
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Organizations,
associations, foundations, and political parties were required to
register with local officials or the Interior Ministry, but there was
no evidence that this registration was either coercive or arbitrarily
waived.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The State subsidized all religions that were registered officially
with the Ministry of Culture. To register, a religious group must have
at least 10,000 adult members permanently residing in the country. For
any religious group already recognized by the World Council of
Churches, only 500 adult members permanently residing in the country
were required.
On January 1, the Law on the Freedom of Religious Belief and on the
Status of Churches and Religious Societies entered into force. The law
creates a two-tiered registration system, establishing the membership
requirement for the first tier (non-profit religious association with
limited tax benefits) at 300, and setting the membership requirement
for the second tier (full religious association with benefit of state
funding and property rights) to approximately 10,000. The new law also
imposes a 10-year observation period on all first-tier organizations
wishing to obtain second-tier status. Under the old law, registered
churches groups would automatically receive second-tier status.
Several unregistered religious groups have criticized the law
because they believe that it is prejudicial against smaller religions.
Some critics also argued that complete registration at the second tier
would be difficult to attain due to the 10-year observation period. By
year's end, two groups had registered under this new law, and three
applications were pending. In November the Constitutional Court issued
a decision striking down a part of the law which had barred churches
from using the profits from church-owned enterprises for religious
activities.
Unregistered religious groups, such as the small Muslim minority,
could not own community property legally, although they were otherwise
free to assemble and worship in the manner of their choice. Their
members could and did issue publications without interference.
Missionaries must obtain a long-term residence and work permit if
they intend to remain in the country for more than 30 days.
A small but persistent and fairly well-organized extreme rightwing
movement with anti-Semitic views still existed in the country. The
Ministry of Interior continued a forceful effort to counter the neo-
Nazis, which included increased monitoring of their activities, closer
cooperation with police units in neighboring countries, and
concentrated efforts to shut down unauthorized concerts and gatherings
of neo-Nazi groups.
On June 26, a smoke bomb was thrown through the window of a
bookshop in Liberec, where the country's Chief Rabbi was attending a
public meeting. No arrests had been made by year's end.
On June 30, vandals defaced a newly unveiled memorial to Jewish
victims of the Holocaust in Karlovy Vary. Red paint was sprayed on the
memorial and anti-Semitic posters were left at the scene. On July 18,
police in Jihlava destroyed dozens of posters bearing neo-Nazi insignia
and messages.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice. Since 1997, when
over 1,200 Roma submitted applications for refugee status in Canada and
the United Kingdom, Roma continued to emigrate in significant numbers.
During the year, many Roma families in the Ostrava area made public
their intention to emigrate. Some Roma activists stated that the motive
for the increased emigration was fear of racist violence and
discrimination (see Section 3); however, others (including some within
the Roma community) believed the Roma were emigrating for economic
reasons.
On August 1, the Prime Minister issued an unprecedented call for
Roma to remain in the country and work with the Government and majority
population to address their economic and social problems.
Continued high numbers of Czech Roma seeking asylum in the United
Kingdom during the year led to continuation of pre-inspection controls
at Prague's international airport. Roma activists in the United Kingdom
criticized the controls as ``racist'' because they appeared to target
Roma.
In July 2001, the Romani Civic Initiative and the Democratic Union
of Roma filed a lawsuit with the Czech Constitutional Court against the
Government, charging the Government with inciting racial and ethnic
hatred. The groups alleged that the selective screenings by British
officials at Prague's Ruzyne airport restricted the right to travel for
Roma. They also alleged that many Roma had been denied permission to
fly to the United Kingdom based on their ethnicity alone since the
checks began. The case remained pending at year's end.
Czechs who emigrated during the period of Communist rule frequently
returned to visit or live. The law permits these individuals to regain
citizenship without having to relinquish the foreign citizenship that
they acquired during their absence. The law also provides for former
Czechoslovak citizens who have lived in the country since 1993 to
reclaim citizenship by simple declaration. Citizenship was not revoked
for political reasons.
As of the end of 1999, the Government granted citizenship to 3,200
former citizens of Slovakia and 564 former citizens of other countries.
The new citizenship law passed in September 1999 enabled thousands more
Slovaks to become citizens (see Section 5).
The law includes provisions 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. A legal and institutional
framework was in place for the processing of requests for refugee and
asylee status. A law on asylum that entered into effect in 2000
expedited refugee processing by establishing a list of ``safe countries
of origin'' from which applicants are unlikely to be granted refugee
status, providing financial support for towns with refugee camps, and
increasing access to legal advice for asylum-seekers. Amendments to the
asylum law that took effect in November 2001 expedited the process and
made it more difficult for economic migrants to obtain asylum. No
independent body had been established to handle the appeals of those
denied refugee status. The Government provided first asylum and
cooperated with the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees.
As of May, 3,260 asylum requests had been processed during the
year. Persons from Ukraine, Vietnam, Moldova, Armenia, Georgia, Iraq,
Romania, and India submitted the most asylum requests during the first
half of the year. In 2001 more than 18,000 requests for refugee status
were filed and 83 claims were approved.
The Government fully funded an integration program to assist those
granted refugee status in locating housing and receiving other social
assistance. Two reception centers, six camps, and six integration
centers were provided for recognized refugees. The country was both a
transit point and destination for illegal migrants. Migrants from
economically disadvantaged countries in Central and Eastern Europe
often entered the country to take up illegal residency or to transit to
other countries. As of July 1, border guards reported 7,639 illegal
entry attempts. A growing concern was the smuggling of large groups of
refugees and economic migrants into and across the country. No specific
laws criminalize alien smuggling. The number of illegal migrants
detained by Czech authorities through September was roughly the same,
compared with the same period in 2001. Illegal migrant groups were
composed primarily of persons from Romania, Moldova, Ukraine,
Afghanistan, India, Iraq, Georgia, Armenia, and Vietnam. A 1999 law on
residence and visas tightened considerably previous rules for change of
status and extension of stay and required visas in advance for everyone
but tourists.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Citizens over the age of 18 were eligible to vote
by secret ballot in national, regional, and local elections.
In July the Government of Prime Minister Vladimir Spidla took
office. The Government consisted of the Prime Minister's left-of-center
Social Democrat party, the centrist Christian Democrat Party, and the
center-right Freedom Union Party. The opposition consisted of former
Prime Minister Vaclav Klaus' right-of-center Civil Democratic Party and
the Communist Party. The Constitution mandates elections to Parliament
at least every 4 years based on proportional representation. To enter
Parliament, a political party must obtain 5 percent of the votes cast
in the election. Coalitions must obtain 5 percent of the votes per
party (i.e., a three-party coalition would have to receive 15 percent
of the votes cast) to enter Parliament). The President was elected by
Parliament and serves a 5-year term. The President has limited
constitutional powers, but may veto legislation and return it to the
Chamber of Deputies, which then may override that veto by a simple
majority of all members.
The law provides for the formation of political parties. Opposition
groups, including political parties, functioned openly and participated
without hindrance in the political process. Citizens may join political
organizations or vote for the political party of their choice without
government interference. Political parties must register with the
Ministry of the Interior. In November the Interior Ministry registered
the National Party following an order of the Supreme Court. The
Ministry had previously denied the right-wing party registration
because its position did not uphold constitutional principles.
Either the Government or the President may submit a proposal to the
Supreme Court calling for a political party to be disbanded.
A citizenship law passed in September 1999 remedied the situation
for some individuals (predominantly Roma) who lacked voting and other
rights due to restrictions under the previous citizenship laws. These
individuals were enfranchised under the former Czechoslovakia, but were
unable to obtain Czech citizenship at the time of the split with
Slovakia, despite birth or long residency in the Czech Republic (see
Section 5). Non-resident Czechs may vote in national elections.
The 1991 ``Lustration'' (vetting) Law barred many former Communist
Party officials, members of the People's Militia and suspected secret
police collaborators from holding a wide range of elected and appointed
offices, including senior appointed positions in State-owned companies,
academia, and the media. In 1995 Parliament extended this legal
constraint to 2000, overriding a veto of President Havel. In November
2000, the Chamber of Deputies extended the validity of the law over the
veto of President Havel until new civil service and security laws could
be passed and implemented. Parliament passed a civil service reform
law, which will take effect in January 2004.
The extended law exempted persons born after December 1, 1971 from
the lustration process, an exemption not included in the earlier
version of the law. Some private employers also required applicants to
produce lustration certificates proving non-collaboration. At year's
end, the special section of the Interior Ministry handling lustration
requests had processed 7,280 lustration certificates. Since the
beginning of the lustration process in 1991, approximately 3 percent of
applications did not receive confirmation of a clear record. The
lustration law remained on the books. Those who did not receive
confirmation of a clear record could file a civil suit against the
Interior Ministry for a charge similar to slander; however, no such
suits were filed during the year. During the year, the European
Commission again noted the need to eliminate the law.
The 200 member Chamber of Deputies had 34 female Deputies,
including two Deputy Speakers. There were 10 female Senators in the 81-
member Senate. The new government had two female Cabinet members: Petra
Buzkova (Minister of Education) and Marie Souckova (Minister of
Health). In June Hana Marvanova resigned as head of the Unie Svobody
(Freedom Union) party after becoming the first female head of a
parliamentary party a year earlier. Slovaks, of whom there were an
estimated 300,000, were almost all ``Czechoslovaks'' who elected to
live in the Czech Republic after the split. For the most part, these
Slovaks defined their interests in the context of national politics,
not along ethnic lines; there was no Slovak party in Parliament. Most
of the estimated 150,000-175,000 Roma were not fully integrated into
political life (see Section 5). Roma were not united in support of any
specific program or set of goals to advance their interests within the
political processes of the country. Few Roma served in local
government, although some were appointed to advisory positions in
government ministries.
Section 4. Governmental Attitude Regarding International
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
In 1999 the Government created a $14 million (500 million Czech
crowns) endowment that was being used by 39 NGOs to work on issues of
social welfare, health, culture, education, human rights protection,
and the environment. In 2000 the Government Council for NGOs announced
it was dedicating an additional $37.5 million (1.5 billion Czech
crowns) for organizations focusing on human rights and the environment.
The Human Rights Commissioner served as head of the Government
Committee for Nationalities, and of the Government Council for Romani
Community Affairs, which was established in 1997 (see Section 5). A
Council for Human Rights, which consisted of 10 representatives from
government ministries and 10 human rights activists, advised the
Government on human rights issues and proposed legislation to improve
the observation of human rights in the country.
Former Justice Minister Otakar Motejl served as ``Public Rights
Protector'' or Ombudsman. Appointed by the Chamber of Deputies, Motejl,
a political independent, addressed citizens' complaints of violations
of civil and human rights and freedoms by government entities. By the
end of October, the Ombudsman's Office had received 4,619 requests for
assistance. The Ombudsman had no legal power to sanction offending
individuals or offices, but did provide a means of alternative dispute
resolution and often mediated between citizens and government offices.
In each house of Parliament there was a petition committee for
human rights and nationalities, which included a subcommittee for
nationalities. A government-sponsored Council for Nationalities, which
advised the Cabinet on minority affairs, was composed of three Slovak
and three Roma representatives; two Polish and German representatives;
one Hungarian representative; and one Ukrainian representative. The law
on the rights of ethnic minorities provides that ethnic minorities who
have ``lived in the country traditionally and over a long period of
time'' have the right to use their native language in interactions with
the Government, the provision of voting materials, and in education.
There was also a government commission staffed by members of an NGO and
journalists that monitored inter-ethnic violence.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for the equality of citizens and
prohibited discrimination. By law, health care, education, retirement,
and other social services were to be provided without regard to race,
sex, disability, or social status. However, in practice, Roma faced
discrimination in such areas as education, employment, and housing; and
women faced discrimination in employment.
Women.--The actual extent of violence against women was unknown;
however, some experts' studies indicated that it was more common than
publicly acknowledged. ROSA, an NGO that provides direct assistance to
victims of domestic abuse, estimated that 1 in 10 women in domestic
situations were emotionally or physically abused and that 30 percent of
the abusers were university-educated. A 1998 study conducted by
Prague's Institute for the Study of Human Sexual Behavior indicated
that 13 percent of women were raped at some point in their life. The
study found that spouses and domestic partners were responsible for 51
percent of rapes, acquaintances committed an additional 37 percent of
the rapes, and strangers attacked 12 percent of rape victims.
According to police statistics, there were 500 rapes reported
countrywide in 2000. According to the Ministry of Justice, there were
140 convictions for rape throughout the country in 2001. During the
year, 503 rapes were reported, and there were 126 convictions for rape.
Institute researchers and NGOs estimated that approximately 3.3 to 7
percent of rape victims filed reports with the police. According to
experts, both rape and domestic violence were greatly underreported.
There was no legislation specifically addressing spousal abuse;
however, the Criminal Code covered other forms of domestic violence. An
attack was considered criminal if the victim's condition warranted
medical treatment for 7 days or more and caused the victim to miss
work. If medical treatment was necessary for less than 7 days, the
attack was classified as a misdemeanor and punished by a fine of no
more than approximately $100 (3,000 Czech crowns)--an amount equivalent
to approximately one-fourth of the average monthly wage. Repeated
misdemeanor attacks did not result in stricter sanctions against the
abuser.
Gender studies experts reported that women were ashamed to report
or even speak about rape, and that police were neither appropriately
trained nor behaved in a helpful manner toward rape victims. The
Ministry of the Interior did run a training program in protocols for
investigating family violence and sexual offenses in order to improve
police responsiveness and prosecution efforts.
The police also trained some specialized personnel to handle cases
of domestic violence. The police did not work regularly with welfare
and medical services. However, training materials to help police
officers improve the identification and investigation of domestic
violence and sexual abuse cases and to help sensitize them in the
treatment of victims of abuse were introduced into both the
introductory and continuing education curriculums.
The Government maintained a comprehensive awareness and prevention
program designed to address problems of trafficking, abuse, and
violence against women (see Section 6.f.).
According to Elektra, a crisis center for abused women, rape
victims could seek psychological counseling through (a number of
hotlines and crisis centers in the country. Crisis centers that offered
support to rape victims included the White Circle of Safety, an
association for crime victims that provided free psychiatric and legal
counseling, and Riaps, a hotline that counseled persons who had
suffered some form of abuse. According to NGOs, there were 107 state-
supported shelters located in most major cities and towns which took in
women who had been raped or abused; NGOs also provided medical and
social assistance to women on a local level. According to NGOs, there
still were not enough places available in shelters to meet the demand
for them.
Public debate about violence against women was rare, despite the
efforts of women's groups to focus public attention on the problem. The
press occasionally reported on the problems of violence against women
and trafficking in prostitutes (see Section 6.f.).
Pimping is illegal; prostitution is not, although local communities
have the right to regulate prostitution and enforce restrictions on it.
The Interior Ministry estimated that up to 25,000 persons worked in the
sex industry during the year. Prostitution and sex shops were
prevalent, particularly in the regions bordering Germany and Austria
where international vehicular traffic was heaviest. The law prohibited
forcing persons into prostitution; however, trafficking in women was a
problem (see Section 6.f.).
Sexual harassment was a recognized problem, and the labor law
contains a definition of, and prohibition against sexual harassment.
The law defines sexual harassment as unwanted, inappropriate, or
offensive sexual behavior, the acceptance or rejection of which could
be interpreted by the employee being harassed as affecting his or her
status in the workplace. Although the law prohibits sexual harassment,
studies concluded that approximately one-half of all women have
experienced sexual harassment in the workplace.
Women are equal under the law, and in principle women enjoyed equal
property, inheritance, and other rights with men. By law women receive
equal pay for equal work. Although women constituted roughly half of
the labor force, they were employed disproportionately in professions
with a lower median salary than were men. Women's median wages lagged
behind those of men by approximately 20 percent.
The law bans discrimination based on gender; however, in practice
employers remained free to consider gender, age, or attractiveness when
making hiring decisions. Amendments to the law in 1999 and 2000
explicitly prohibited employment discrimination based on a variety of
factors including gender, race, skin color, sexual orientation,
language, religion, health and family status, and repeated offenses
were punishable by fines of up to $33,333 (1 million Czech crowns).
Employers often blatantly used factors such as age, gender, and
lifestyle in advertising jobs and making employment decisions. The
unemployment rate for women exceeded that for men by about one-third
(10 percent to 7.8 percent) and a disproportionately small number of
women held senior positions.
Children.--The Government was committed to children's welfare; it
funded programs for health care and basic nutrition, and provides free
and compulsory education through age 15 (through age 14 in special
schools). Girls and boys enjoyed equal access to health care and
education at all levels. Language and cultural barriers frequently
impeded the integration of Roma children into mainstream schools.
Official estimates indicated that less than 20 percent of the Roma
population completed ninth grade, and less than 5 percent completed
high school. A significant number of Roma children were transferred at
an early age to ``special schools'' for the mentally ill and ``socially
maladjusted after a psychological exam.
According to unofficial government estimates, 60 percent or more of
pupils placed in these special schools were Roma children, though less
than three percent of the population were Rom. Graduates of the
``special schools'' were not restricted from attending secondary
schools (see Section 5). Some Roma parents did not send their children
to school regularly due to fear of violence, and the expense of books
and supplies.
In 1999 12 Roma families filed suit in the Constitutional Court to
protest the ``de facto segregation'' of Roma children into special
schools. Although the Constitutional Court rejected the complaint in
1999, an appeal remained pending at the European Court of Human Rights
in Strasbourg at year's end.
The Ministry of Education later took steps independently to
implement some of the recommended changes. They began work on changes
to the psychological exam given to Czech children that many claimed was
culturally biased against Roma children. Children were assigned to
``special schools'' based on poor results on the exam. In January the
Education Minister announced a long-term plan to phase out the special
schools and mainstream pupils from them into regular classrooms.
Many districts with high concentrations of Roma held yearlong
programs (so-called ``zero grades'') to prepare Roma children for their
first year in school; these programs were funded by the Government and
administered by local NGOs. More than 100 ``zero grades'' operated
throughout the country. Some districts tracking local Roma students
reported that up to 70 percent of the children who attended ``zero-
grade'' training successfully entered and remained in mainstream
schools.
In addition, Roma teaching assistants were placed in primary and
special schools to help teachers communicate with Roma pupils, and
encourage cooperation between schools and Roma parents. According to
the Ministry of Education, there were 300 Roma teaching assistants in
the school system during the year, an increase from 200 in 2001.
Bilingual Romani-Czech language textbooks were used in 60 elementary
schools to help overcome the cultural and language differences between
Roma children and non-Romani-speaking teachers in the early school
years. The Ministry of Education commissioned a textbook for use in
schools on the cultural and historical roots of the Roma minority and
on successful members of the Roma community. Local NGOs supported
additional studies and private initiatives to prepare Roma children for
mainstream schools.
In 2000 the Ministry of Justice reported a 6 percent decrease in
the number of reported neglect and welfare cases. There were 5,894 in
2000, compared with 6,207 in 1999. Laws criminalize family violence,
physical restraint, sexual abuse, and other forms of abuse of minors
(the age of majority in the country is 15 years). A Children's Crisis
Center established in 1995 was 70 percent state supported. The Fund for
Endangered Children estimated that the total number of children
suffering from physical, psychological, or sexual abuse was between
20,000 and 40,000, but only about one-tenth of such cases were
registered by the police. Between 50 and 100 children died each year
from domestic violence.
Sexual abuse of children continued to receive press attention
during the year. Press and government reports throughout the year
indicated that the country remained a popular destination for
pedophiles due to its location and the common misperception of a low
risk of sexually transmitted disease (see Section 6.f.). Some experts
estimated that the number of visits to the country, primarily from
Western Europe, for the purpose of sexually abusing children had
increased by 20 percent since 1997.
During the year, the police took measures to prevent this type of
``sex tourism'' more effectively. Police maintained patrols in high-
risk areas, enforced curfew-type policies more actively, and worked to
raise public awareness of the issue through the media. Despite
increased police efforts, press reports still indicated that in many
border regions, sex tourism for the purpose of molesting adolescent
minors continued. Dissemination of child pornography in print, or on
video, CD-ROM, or the Internet was a criminal act; laws against child
pornography were generally enforced (see Section 2.a.). Convictions of
sexual abusers of children were reported routinely in the media.
According to NGOs, there were approximately 10,000 children living
in institutional settings and 4,000 foster families supported by the
Government and various NGOs.
Trafficking in children was a problem (see Section 6.f.)
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in the areas of employment,
education, or in the provision of other state services, and there were
no reports of such discrimination; however, persons with disabilities
suffered disproportionately from unemployment. Businesses in which 60
percent or more of the employees were disabled qualified for special
tax breaks and the Government provided transportation subsidies to
disabled citizens. Numerous NGOs supported social assistance programs
to help level the playing field for persons with disabilities. These
NGOs also reported that the situation of persons with disabilities had
received more attention, and had improved over the last few years,
although some problems persisted.
Regulations and the Construction Code required architects to ensure
adequate access for the disabled in all new building projects, as well
as in older buildings undergoing restoration; these regulations were
applied in practice. However, many buildings and means of public
transportation remained inaccessible to those in wheelchairs, although
access did improve during the year. In Prague 24 of the 50 metro
stations were wheelchair-accessible; however, most of those stations
were in the suburbs, and the majority of stations in the city center
remained inaccessible. A growing number of bus lines were accessible to
persons with disabilities. Tram lines in Plzen were wheelchair-
accessible. Access to education was a problem for children with
physical disabilities due to the lack of barrier-free access to most
public schools, but there is at least one barrier-free school in each
district.
In an effort to call attention to the problem of access for persons
with physical disabilities, two wheelchair-users filed a complaint with
the European Court of Human Rights in February. They alleged that the
Government violated the rights of citizens with disabilities by failing
to enforce requirements for barrier-free access for persons with
disabilities. On June 3, the court ruled that the complaint was
inadmissible, and the case was dropped.
National/Racial/Ethnic Minorities.--After ethnic Slovaks, the
largest minority was the Romani population, officially estimated to
number between 150,000 and 175,000. However, in the 2001 census, only
11,716 persons identified themselves as Roma. The census used ``self-
identification,'' and it is believed that many persons chose not to
identify themselves as Roma for fear of negative consequences. Roma
lived throughout the country but were concentrated in the industrial
towns along the northern border, where many Roma originally from
eastern Slovakia were encouraged to settle in the former homes of
``Sudeten'' Germans transferred to the West more than 40 years ago.
Roma suffered disproportionately from poverty, unemployment,
interethnic violence, discrimination, illiteracy, and disease.
Members of skinhead organizations and their sympathizers were the
most frequent perpetrators of inter-ethnic violence, particularly
against Roma and other ``dark-skinned'' persons. An estimated 5,000
skinheads were active in the country. Some observers believed that the
actual figures were higher. Police registered 452 racially motivated
crimes in 2001 (the last full year for which statistics were
available). During the last 4 years, registration of ``racially
motivated or extremist crimes'' continued to increase, and reflected
police and prosecutors' growing recognition of the ethnic/racial
motives for many crimes in the country. Despite these developments,
some observers cited judicial inconsistency in dealing with racially
and ethnically-motivated crimes as a continuing problem.
On August 2, two Roma were attacked and beaten in Prerov after a
waiter refused to serve them and an argument ensued. One of the victims
was loaded into a car, driven some distance out of town, and dumped
there. Police arrested two men, one of whom was the owner of the bar in
which the altercation occurred, and accused them of breach of peace,
limiting personal freedom, and violence. The case remained pending at
year's end.
On August 9, police in Ostrava arrested a man in connection with a
late July attack on two Roma at a gasoline station. The victims were
punched, kicked, and beaten with bats as the perpetrator shouted racial
epithets. The accused was charged with racially motivated violence,
inflicting bodily harm, and disorderly conduct. The case remained
pending at year's end.
Several cases from last year remained pending at year's end. These
included two men charged in a May 2001 attack on two Algerians and a
Taiwanese, two skinheads charged with attacking an Indian medical
student in April 2001, a racially motivated attack against a 14-year-
old boy in Sternberk, several skinheads and Roma detained for
hooliganism in Novy Bor following an April 2001 confrontation, and four
skinheads arrested in Ostrava in June 2001 in connection with the
stabbing of a Rom.
On March 30, Vlastimil Pechanec was convicted of racially motivated
violence for the July 2001 stabbing death of Rom Ota Absolon in the
eastern Bohemia town of Svitavy. Pechanec was sentenced to 13 years in
prison. On October 17, an appeals court upheld the sentence.
Appeals were denied in the March 2001 convictions of 23 skinheads
on charges of racially motivated violence and property damage and
organized rioting in a 1999 attack on 60-70 Roma in a restaurant in
Ceske Budejovice in which six persons were injured. Six of the 21 were
sentenced to a minimum of 18 months in prison, while the remaining 15
were given suspended sentences of 10 to 24 months. Several 2001 cases
remained pending at year's end.
During the year, Interior Minister Stanislav Gross continued to
state his displeasure with extremist activity and his desire for
stronger police action against it, and police continued monitoring and
actively investigating such groups and arrested those accused of
committing such crimes.
The site of a former Romani concentration camp at Lety continued to
be a source of controversy. In 1974 a pig farm was built on the site of
the camp; the Roma community and the Human Rights Commission called for
its removal.
Roma who wished to integrate into mainstream society faced
practical difficulties in the areas of employment and education.
Precise figures for unemployment among Roma were unavailable, but the
rate was disproportionately high, with many unemployed Roma subsisting
on government support or earnings from illegal activities. Some
employers refused to hire Roma and asked local labor offices not to
send Rom applicants for advertised positions. An amendment to the Labor
Code prohibits hiring and employment discrimination based on ethnicity,
but no enforcement statistics were available. Under the law, individual
Roma do not have the right to file discrimination complaints; such
action must come from governmental authorities. The stereotype of Roma
was that they were qualified only for low-paying jobs, such as manual
laborers, since so few completed secondary education.
Roma also faced discrimination in housing and other areas of
everyday life. Despite constitutional prohibitions against
discrimination, a framework to implement those provisions in civil law
was not incorporated to address specific offenses under the Criminal
Code. Some restaurants, pubs, and other public places refuse service to
Roma and post signs prohibiting their entry.
A higher-than-average percentage of the Roma population applied for
partial or full disability pensions because of the relatively high
incidence of serious and chronic illnesses among their population. To a
large extent, this situation resulted from lack of access to basic and
preventive health care. Some Roma parents refused to allow their
children to receive compulsory vaccinations. Some Roma were refused
treatment by general practitioners who had full quotas of subsidized
patients. NGOs and some health and education professionals working to
improve living conditions for the Roma had only minimal impact,
sometimes due to the attitudes or intransigence of local authorities.
Romani leaders themselves had limited success in organizing their own
communities, which often were disunited and suspicious of outsiders.
In a continuation of its Plan for Roma Integration, the Government
allocated several million dollars (tens of millions of crowns) at
various times throughout the year for projects designed to promote
integration of the Roma community. One of the allocations, $300,000 (9
million crowns) supported an NGO project to create housing in Ostrava
for both Roma and members of the majority population. The project was
widely acclaimed for its success in breaking down stereotypes and for
involving members of the minority and majority populace in the creative
and decision-making processes. Other allocations supported construction
of community centers and educational assistance to minorities.
The Government Council for Romani Community Affairs, which includes
12 government representatives and 12 Romani representatives, as well as
the Commissioner for Human Rights and his deputy, continued to take an
active role in resolving disputes between Romani communities and their
non-Romani neighbors in towns such as Usti nad Labem and Rokycany. The
Commission also promoted positive initiatives in housing, education,
and discrimination.
The Ministry of Foreign Affairs' Roma Affairs Coordinator continued
to function as the Ministry's liaison with Roma groups, NGOs, and the
diplomatic community.
During the year, the Government continued an active effort to
identify, train, and recruit qualified Roma to serve in law
enforcement. Police trainees continued to attend the national police
academy's course in Romani language and culture, designed to improve
police officers' communications with and response to the Roma
communities in their precincts.
In September the Human Rights Commission's ``Project Tolerance,''
which had been discontinued in 2001 for procedural reasons resumed,
with an open-air music festival in Prague. Other events planned as part
of the overall program included groups of ethnically-mixed students who
traveled to 130 secondary schools to discuss tolerance issues; a
program to distribute books about minority issues to 500 libraries
throughout the country; and an awareness campaign to highlight the work
of grassroots level social workers.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to form and join unions of their own choice without prior
authorization, and workers exercised this right in practice. Union
membership continued to decline during the year. Most workers were
members of unions affiliated with the Czech-Moravian Chamber of Trade
Unions (CMKOS). The CMKOS was a democratically oriented, nationwide
umbrella organization for branch unions. It was not affiliated with any
political party and carefully maintained its independence.
The law prohibits anti-union discrimination. There were no
restrictions on trade union contacts with international organizations,
and unions developed a wide range of ties with international trade
union bodies.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, which generally is carried out by
unions and employers on a company basis. The 2002 ICFTU Annual Survey
of Trade Union Rights stated that some employers attempted to prevent
workers from organizing by means of direct and indirect pressure. Those
tactics reportedly included preventing union members from gaining
access to company property, offering money in exchange for dissolving
union organization within a company, firing union leaders, and refusing
to withhold union dues from salaries.
The scope for collective bargaining was more limited for civil
servants, whose wages were regulated by law. There were 11 free trade
zones. Their workers possessed and practiced the same right to organize
and bargain collectively as other workers in the country.
Workers have the legal right to strike, with the exception of those
in critical sectors such as health care, nuclear energy, oil and gas
pipelines, air traffic control, fire fighting, and telecommunications.
The law requires that labor disputes be subjected first to mediation
and that strikes would take place only after mediation efforts failed.
There were no major strikes during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code stipulates a minimum working age of 15
years, although children who completed courses at special schools
(schools for persons with mental disabilities and the ``socially
maladjusted'') may work at the age of 14. Employment conditions for
children aged 15 to 18 were subject to strict safety standards. These
regulations were enforced in practice.
e. Acceptable Conditions of Work.--The Government sets minimum wage
standards. The national minimum wage was approximately $190 (5,700
Czech crowns) per month. The national minimum wage provided a decent
standard of living for a worker and family. The monthly average wage
was approximately $488 (14,642 Czech crowns) per month. Average net
wages were 2.9 times higher than official subsistence costs.
Government subsidies were available to families with children.
Retraining was carried out by district labor offices to provide labor
mobility for those at the lower end of the wage scale.
The law provides for a 40-hour work week and requires a paid break
of at least 30 minutes during the standard 8 hour workday, and between
4 and 8 weeks of paid vacation, depending on the profession. Subject to
the consent of the employee, employers may establish mandatory overtime
not to exceed 8 hours per week although the local employment office may
permit additional mandatory overtime. The Labor Ministry enforces
standards for working hours, breaks, and paid vacation.
The Government, unions, and employers promote worker safety and
occupational health standards, but conditions in some sectors of heavy
industry did not meet these standards, particularly those still
awaiting privatization.
The situation had improved at year's end, and the Government worked
to harmonize its standards with those of the EU. There were 93,289
work-related accidents registered in 2001, compared with the 92,906
registered in 2000. The Office of Labor Safety was responsible for
enforcement of health and safety standards. Workers had the right to
refuse work endangering their life or health without risking the loss
of their employment.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however trafficking in women and children for the purpose of
sexual exploitation was a problem.
There are other relevant statutes that can be used to prosecute
traffickers. The penalties for trafficking are generally commensurate
with those for rape and sexual assault. The Government investigated and
prosecuted cases of trafficking in persons, although the conviction
rates were low. According to police statistics, there were 139
trafficking-related arrests during the year.
Organizing prostitution and pimping are illegal and punishable by a
prison term of up to 8 years, with a term of up to 12 years if the
victim is under the age of 15. (Adults may be prosecuted for engaging
in sexual activity with a minor under the age of 15.) On July 1,
changes in the law on child pornography took effect. The definition of
child pornography was expanded; circulation, propagation, producing,
exporting, transiting and making child pornography available to the
public were criminalized; possession of child pornography was
criminalized, and a special provision was enacted to cover
dissemination of child pornography through mass media, including via
the Internet. The Government cooperated extensively with other Central
and Eastern European countries, the EU, and the United States during
investigation and prosecution of trafficking cases.
The country was a source, transit point, and destination for
trafficking in persons. A small number of Czech men were trafficked to
the United States for coerced illegal work. Czech women and girls were
trafficked to other European countries. Women and girls were trafficked
to the country from the former Soviet Union, Africa, Asia, and the
Middle East. Women from Moldova, Romania, Bulgaria, Ukraine, and the
Balkan countries were trafficked to and through the country--to other
European countries and the United States--to work as prostitutes. There
was some evidence that a small amount of trafficking of Czech women and
children for prostitution took place within the country from areas of
low employment to border areas with Germany and Austria. The full
extent of trafficking in children was unknown; however, convictions for
sexually assaulting children were reported routinely in the media (see
Section 5).
Trafficked women were offered jobs as models, maids, waitresses,
and dancers, then forced into prostitution. Once in a destination
country, traffickers withheld the victims' travel documents and used
isolation, violence, threats of violence, and the threat of arrest and
deportation to ensure compliance. Most traffickers were members of
organized crime groups. Such groups were from Russia, Bulgaria, former
Yugoslavia, and East Asia who worked in cooperation with individual
Czechs, Slovaks and, less often, Austrians and Germans.
The Czech Police Organized Crime Division included a Unit on
Trafficking in Persons, established in 1995, which cooperated with
other nations to enforce these laws. A school curriculum package was
introduced in schools across the country in 2001 to educate minors
about trafficking.
Police maintained close contact with the IOM and other NGOs in
order to provide services to women after trafficking arrests. Foreign
victims of trafficking were treated as illegal immigrants and either
detained or asked to leave the country within 30 days; however, foreign
victims also could be offered temporary residence if they agreed to
testify against a trafficker. Those detained were sometimes deported,
but more often were eventually released and ordered to depart the
country within 30 days.
The Government did not provide direct assistance to victims, but
did refer them to NGOs that provided such assistance. The Government
provided funding to some of these NGOs. ``La Strada'' was the primary
domestic NGO providing services and awareness campaigns to young girls
and women who might have become or were victims of trafficking. Czech
citizens who were trafficked to other countries often could not receive
government assistance upon their return, because their identity
documents were stolen or taken by the traffickers. Returnees also
frequently were hesitant to go to their families or public social
service providers for help because of the stigma attached to having
been trafficked.
----------
DENMARK
Denmark is a constitutional monarchy with parliamentary democratic
rule in which citizens periodically choose their representatives in
free and fair multiparty elections. Queen Margrethe II is Head of
State. The Cabinet, which is accountable to the unicameral Parliament
(Folketing), leads the Government. A minority center-right coalition
government led by the Liberal Party and formed after elections in
November 2001 remained in power. The judiciary is independent.
The national police have sole responsibility for internal security.
The civilian authorities maintained effective control of the security
forces.
The advanced, market-based industrial economy provides residents
with a high standard of living. The population is approximately 5.4
million. Nearly one-quarter of the work force is employed in the public
sector. The key industries are food processing and metalworking, and a
broad range of industrial goods is exported. The service sector,
including information technology and consulting, is also a significant
contributor to wealth generation.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Violence against women was a
problem, but the Government took steps to deal with it. Trafficking in
women for prostitution remained a problem. Denmark was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents. In 2001 four disciplinary cases against
police for bodily harm yielded one conviction, three cases remained
pending. This year, two such cases arose and remained pending 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 law prohibits such practices, and there were no
reports that government officials employed them.
Prison conditions generally met international standards, and the
Government permitted visits by independent human rights observers. The
Government maintained restrictions on the length of solitary
confinement permitted and its rules for imposing it. Under the new
rules, the percentage of detainees in solitary confinement dropped from
about 10 percent of the total number of detainees in the late 1990s to
less than 7 percent in 2001.
Men and women were housed separately. Juvenile detention facilities
exist. Only those juvenile offenders convicted of the most violent
crimes were incarcerated. The law provides that ``violent'' juvenile
offenders between the ages of 15 and 17 may be sent to adult
correctional facilities, but they were segregated from violent adult
inmates. Pretrial detainees were held in remand centers, which also
held nonviolent convicted criminals serving sentences of 30 months or
less.
The Government permits visits by independent human rights
observers, and such visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The Constitution guarantees persons under
arrest the right to a hearing before a judge within 24 hours of arrest.
If a judge decides to hold persons in detention, he must issue an order
stating why. The Constitution allows for the immediate appeal of
detention orders.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system consists of a series of local and regional
courts, with the Supreme Court at the apex. There are no military
courts or tribunals. A military criminal code exists, but enforcement
is in the public judicial system.
The Constitution provides for the right to a fair trial, and an
independent judiciary enforced this right. The law provides for
defendants' right to timely consultation with an attorney, at public
expense if needed. Defendants and their attorneys have access to
government evidence relevant to their case. Defendants have the right
to question witnesses against them and to present their own witnesses;
they are presumed innocent until proven guilty; and the right of appeal
encompasses both procedural matters and sentences imposed.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combine to
provide freedom of speech and of the press, including academic freedom.
There are 10 nationally distributed and 99 local newspapers, which
are independent and privately owned. The Government owns two of the
three national television networks and a share in the third national
television network; however, there are several private satellite and
cable television channels. A total of 140 local and 3 national private
and public radio stations broadcast. The Government does not exercise
editorial control over its radio and television outlets.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. A permit is required for
public demonstrations, but the Government used objective criteria in
evaluating requests and did not discriminate in issuing permits.
c. Freedom of Religion.--The Constitution provides for religious
freedom, and the Government generally respected this right in practice.
The Constitution provides for an official state religion, the
Evangelical Lutheran Church, which is subsidized by the Government. The
Government does not require that religious groups be licensed; however,
the State's permission is required for religious ceremonies such as
weddings to have civil validity.
The Evangelical Lutheran faith is taught in public schools, but
students may withdraw from religious classes with parental consent.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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. The Government cooperated with the U.N.
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees. The Government provided first asylum and in the
first 9 months of the year granted it to 1,147 persons out of a total
of 4,412 applications filed (a recognition rate of 26 percent),
reflecting a decline both in the number of applications and in the
recognition rate. The Government attributed this decrease (from the
usual 50-60 percent) to changes in Iraq and Afghanistan which caused
the Immigration Service to reject more asylum applications or
temporarily delay decisions regarding these countries' citizens.
On July 1, the Government's new immigration legislation (the Alien
Act) took effect which continued a trend of further restricting the
standards for granting asylum and also decreased welfare for
immigrants.
There were no reports of the forced return of persons to a country
where they feared persecution. The Alien Act provides that refugees
traveling to their countries of origin on holiday will automatically
have their cases reassessed (see Section 5). If they are found to be
persecuted there no longer, they will be returned to their country of
origin after residency is revoked.
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 territories of Greenland (whose population is primarily Inuit)
and the Faroe Islands (whose inhabitants have their own Norse language)
have democratically elected home rule governments whose powers
encompass all matters except foreign and national security affairs,
police services, the judiciary, and monetary matters. Greenlanders and
Faroese are Danish citizens with the same rights as those in the rest
of the Kingdom. Each territory elects two representatives to the
Parliament.
There were 68 women in the 179-seat Parliament, and 5 of 18
ministers in the Government 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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Government's operations and extensive public services do not
discriminate on the basis of any of these factors. The Constitution and
the law prohibit discrimination on the basis of sex, creed, or
ethnicity. The law also prohibits discrimination on the basis of race,
national or ethnic origin, or faith. The Government protects the rights
of the country's indigenous people carefully.
Women.--Violence against women was a problem, but the Government
took steps to combat it. An umbrella nongovernmental organization (NGO)
reported that in 2001 women's crisis shelters were contacted 10,483
times, compared with 8,825 times in 2000. A total of 2,012 women stayed
at shelters during 2001. There were 493 reported rapes in 2001 and 262
during the first 6 months of the year. Rape, spousal abuse, and spousal
rape are criminal offenses, and the Government effectively prosecuted
those accused of such crimes. Statistics were not available regarding
the numbers of abusers that were prosecuted, convicted, and punished.
Trafficking in women for the purpose of prostitution was a problem
(see Section 6.f.). Although street prostitution was illegal,
enforcement was inconsistent. Prostitutes were more commonly charged,
if at all, with the lesser offense of ``loitering'', rather than for
selling sexual services. However, private soliciting through newspaper
advertisements and the Internet is legal. Police did not pursue cases
involving prostitution in public establishments such as nightclubs
unless seeking to track down pimps or people suspected of involvement
in trafficking. Pimping is illegal, as is patronizing a prostitute
under the age of 18.
The law requires equal pay for equal work, but some wage inequality
remained. The law prohibits job discrimination on the basis of sex and
provides recourse, such as access to the Equal Status Council, for
those affected. Women held positions of authority throughout society,
although they were underrepresented in senior business positions.
Women's rights groups lobbied the Government on matters of concern,
such as wage disparities and parental leave.
Children.--The Government is strongly committed to children's
rights and welfare; it amply funded systems of public education and
medical care. Education is compulsory through the ninth grade and is
free through the university level. School attendance is nearly
universal. The Ministries of Social Affairs, Justice, and Education
oversee implementation of programs for children.
All children except those requiring special assistance attend
school. In 2000 96 percent of those completing ninth grade continued
their education, of whom 52 percent chose academic secondary education
and 38 percent vocational secondary education. Boys and girls were
treated equally. Slightly more women than men completed post-secondary
education.
There is no societal pattern of abuse against children. The law
bans the physical punishment of children by adults, including their
parents. The Government prosecuted those engaged in child prostitution
and broke a Denmark-based, child pornography ring operating on the
Internet.
Persons with Disabilities.--There is no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services. Building regulations require special
facilities for the disabled in public buildings built or renovated
after 1977 and in older buildings that come into public use. The
Government generally enforced these provisions in practice.
Indigenous Persons.--The law protects the rights of the inhabitants
of Greenland and the Faroe Islands. Greenland's legal system seeks to
accommodate Inuit customs. Accordingly it provides for the use of lay
persons as judges and sentences most prisoners to holding centers
(rather than to prisons) where they are encouraged to work, hunt, or
fish during the day. Education in Greenland is provided to the native
population in both the Inuit and Danish languages.
In 1999 a court ruled that the Government unjustly resettled
Greenland Inuits in 1953 to accommodate the expansion of a U.S. Air
Force base in northwest Greenland; the court ordered the Government to
pay compensation to those displaced and their descendants. The
compensation was substantially less than the amount that the defendants
sued for, and the case remained under appeal in the Supreme Court at
year's end.
National/Racial/Ethnic Minorities.--The inflow of ethnically and
racially diverse refugees and immigrants caused some tension between
citizens and immigrants (mostly Iranians, Palestinians, Pakistanis, Sri
Lankans, Somalis, or refugees from the former Yugoslavia) and led to
several legislative reforms. In response to publicity concerning the
involvement of foreigners in street crime and allegations of refugee
social welfare fraud, Parliament tightened immigration laws in 1999 and
passed additional comprehensive legislation (the Alien Act) on July 1
(see Section 2.d).
The new law abolished the status of de facto refugee; only persons
entitled by international convention to protection are able to obtain
residency. Family reunification is now more difficult, and immigrants
and refugees may no longer acquire permanent residence by living in the
country for 3 years; rather, they must now reside in the country for 7
years and demonstrate that they have integrated into society and
developed ties to the country. The new law also abolished access to
reunification with parents over 60 years old.
There is no statutory right to reunification with a spouse. Both
spouses must be at least 24 years old and be able to demonstrate a
closer combined association to Denmark than to the foreign spouse's
country. Access to reunification of foreign spouses with refugee
spouses is abolished in cases where they marry after the refugee's
flight to Denmark; these cases will be processed as would any
application for reunification with a Danish spouse. For a marriage to
be legal, both spouses must be lawful residents; persons with unlawful
or procedural residence may not marry in Denmark.
There were 63 incidents of racial discrimination or racially
motivated violence, compared with 100 in 2001; only 6 of these
incidents involved violence, with the remainder involving such acts as
vandalism and verbal abuse. The Government effectively investigated and
dealt with cases of racially motivated violence.
Section 6. Worker Rights
a. The Right of Association.--The law states that all workers,
including military personnel and the police, may form or join unions of
their choosing. Approximately 80 percent of wage earners belonged to
unions that were independent of the Government and political parties.
The law prohibits antiunion discrimination by employers against
union members and organizers, and there are mechanisms to resolve
disputes. Employers found guilty of antiunion discrimination are
required to reinstate workers fired for union activities.
Unions may affiliate freely with international organizations, and
they did so actively.
b. The Right to Organize and Bargain Collectively.--The right to
organize is protected by law. Workers and employers acknowledged each
other's right to organize. Collective bargaining is protected by law
and is widespread in practice. In the private sector, salaries,
benefits, and working conditions are agreed upon in biennial or
triennial negotiations between various employers' associations and
their union counterparts. If the negotiations fail, a national
conciliation board mediates, and management and labor vote on its
proposal. If the proposal is rejected, the Government may impose a
legislated solution on the parties (usually based upon the mediators'
proposal). The agreements are used as guidelines throughout the public
as well as the private sector. In the public sector, collective
bargaining is conducted between the employees' unions and a government
group led by the Finance Ministry.
More than 50 percent of wage earners were in unions affiliated with
the Confederation of Danish Labor (LO). The LO traditionally has had a
close relationship with the Social Democrat Party. There were also 3
other umbrella labor organizations with which 41 unions were
affiliated. There are also several independent unions not affiliated
with any labor federations or umbrella organizations.
All unions except those representing civil servants or the military
have the right to strike. Workers often exercised their right to
strike. In 2001 approximately 59,500 workdays were lost due to strikes.
Labor relations in Greenland are conducted in the same manner as in
Denmark. Greenland's courts are the first recourse in disputes, but
Danish mediation services or the Danish Labor Court also may be used.
There is no umbrella labor organization in the Faroes, but
individual unions engage in periodic collective bargaining with
employers. Disputes are settled by mediation.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum legal age for full-time employment is 15
years. The law sets a minimum of 13 years of age for any type of work.
The law is enforced by the Danish Working Environment Service (DWES),
an autonomous arm of the Ministry of Labor. Export industries do not
use child labor.
The law prohibits forced and bonded labor by children, such
practices are not condoned, and all forms of child exploitation are
investigated and prosecuted (see Section 5)
e. Acceptable Conditions of Work.--The law does not mandate a
minimum national minimum wage, but national labor agreements
effectively set a wage floor. The lowest contractual hourly wage paid
allowed in 2001 was approximately $13 (88 kroner). However, the average
wage of adult workers was $26 (178 kroner) per hour, which is
sufficient to provide a decent standard of living for a worker and
family. The law provides for 5 weeks of paid vacation per year, and
labor contracts added an average of 4 extra paid holidays in 2001.
Workers normally worked a 37-hour workweek, which is established by
contract, not by law. The law requires at least 11 hours between the
end of one work period and the start of the next.
The law also prescribes conditions of work, including safety and
health; the duties of employers, supervisors, and employees; work
performance; rest periods and days off; and medical examinations. The
DWES ensures compliance with labor legislation. Workers may remove
themselves from hazardous situations or weapons production without
jeopardizing their employment rights, and legal protections cover
workers who file complaints about unsafe or unhealthy conditions.
Similar conditions of work are found in Greenland and the Faroes,
except that the workweek is 40 hours. As in Denmark, the workweek is
established by contract, not by law. Foreign workers with residence and
work permission enjoy the same rights as citizens. Illegal foreign
workers have no such labor protection.
f. Trafficking in Persons.--Trafficking was a problem. Late in the
year, Parliament passed a new law specifically defining and
criminalizing trafficking in persons. Previously, the Government had
used laws against kidnapping and pimping to prosecute traffickers;
Danish authorities had broadly identified ``trafficking in women'' as
the bringing into the country of women for the purpose of prostitution
even if they came to the country legally and voluntarily. The new
definition aligned the law more closely with the international
definition, which includes essential components of force, fraud, or
coercion. Experience applying the new law has been limited but
demonstrated possible technical enforcement problems where the force,
fraud, or coercion components were lacking. Four persons involved in
trafficking who were convicted earlier in the year under the old law
appealed, and their cases were pending at year's end.
The Government cooperated with international investigations of
trafficking.
Authorities believed that women continued to be brought from
Eastern Europe (the Baltics, in particular) and Asia to work as
prostitutes. Victims lured by the prospect of higher wages and a better
life, only to be forced into prostitution or have their passports
withheld, were covered under the new law. Their traffickers were
suspected to have ties to organized crime, specifically Russian and
Baltic mafia, and were the subjects of ongoing police investigations
and prosecutions.
The Government takes seriously trafficking in all its forms but is
limited by a legal regime in which prostitution is, except for
``streetwalking/solicitation,'' legal and well-paid.
An interagency working group, created in 2000 to address
trafficking--with members from the Ministries of Justice, Social
Affairs, Gender and Equality, Employment, and Education, as well from
NGOs--met monthly to share information. The Parliament appropriated
approximately $4.5 million (32 million kroner) for use during the next
3 years in projects related to trafficking, ranging from efforts to
combat trafficking to assistance for trafficking victims. Working group
ministries will be involved in administering these resources.
The Government did not provide medical or legal assistance directly
to victims, and there was no governmental or nongovernmental entity
specifically concerned with victims of trafficking. Several government-
supported organizations provided services to victims on a case-by-case
basis.
__________
ESTONIA
Estonia is a parliamentary democracy. The Constitution established
a 101-member unicameral legislature (State Assembly), a prime minister
as Head of government, and a president as Head of State. In January the
coalition government elected in 1999 stepped down and was replaced by a
new coalition comprised of the Reform and Center Parties. The judiciary
is independent.
The police, who are ethnically mixed, are subordinate to the
Ministry of Internal Affairs. Corrections personnel are subordinate to
the Ministry of Justice. The security service--Security Police--is
subordinate to the Interior Ministry but also reports to the Prime
Minister. Police leadership continued to work to develop, strengthen,
and professionalize the police force. Police and corrections personnel
continued to commit human rights abuses.
The country has a market economy and a population of approximately
1.4 million. Services, particularly financial, transit, and tourism,
grew in importance compared to the historically more prominent light
industry and food production. The privatization of firms, including
small-, medium-, and large-scale enterprises, was virtually complete.
The country experienced a growth rate of 5.5 percent, compared with 5.4
percent 2001. While wages and benefits kept up with inflation, there
was a growing disparity between Tallinn (where one-third of the
population resides) and the slower growing rural southeast and
industrial northeast.
The Government generally respected the human rights of its citizens
and the large ethnic Russian noncitizen community; however, there were
problems in some areas. Police continued to mistreat prisoners and
detainees and used excessive force. Prison conditions remained poor,
although there were some improvements, including renovations in
facilities nationwide. There was continued criticism of the
discriminatory nature of the Citizenship and Aliens' Law due to its
Estonian language requirements. Violence against women was a problem,
and there were reports that women were trafficked for prostitution.
Reform of the country's political and economic structure led to an
invitation in December to join the European Union (EU) in May 2004.
Estonia was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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; however, police
continued to use excessive force and verbal abuse during the arrest and
questioning of suspects. Six police officers were charged and found
guilty of using excessive force; two others charged in 2001 were
awaiting trial at year's end.
Prison conditions remained poor, although there were some
improvements. By midyear the prison population was 4,737 inmates.
Overcrowding was reported in the major prisons. A lack of funds and
trained staff continued to be serious problems. The percentage of
prisoners suffering from tuberculosis was much higher than in the
general population.
The Government continued renovating and restructuring all of the
country's prisons. A new prison in Tartu, built to EU standards, with a
capacity of 500 inmates, opened in October. Modest gains were made in
hiring new prison staff and retaining existing personnel. Work and
study opportunities for prisoners continued to increase. During the
year, 564 prisoners were released under the Government's early release
program. Men and women were housed separately; prison facilities for
men, but not for women, were overcrowded. Juveniles also are housed in
separate penal facilities. Pretrial detainees and convicted prisoners
were held in the same prisons, but in different sections. On September
1, a revision to the Penal Code went into effect that offered the
possibility of replacing prison sentences with community service.
The Government permits prison visits by independent human rights
observers; the last such visit occurred in 1999.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution and
laws prohibit arbitrary arrest and detention, and the Government
generally observed these prohibitions. Under the Constitution, warrants
issued by a court are required to make arrests. Detainees must be
informed promptly of the grounds for the arrest and given immediate
access to legal counsel. There is a functioning bail system. A person
may be held for 48 hours without being charged formally; further
detention requires a court order. Police rarely violated these limits.
A person may be held in pretrial detention for 2 months; this term may
be extended for a total of 12 months by court order. Lengthy pretrial
detention is not a problem: The average time of detention was 3 \1/2\
months. At year's end, 1,251 of the 4,415 prisoners were awaiting
trial.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judiciary operates through a three-tier court system: Rural and
city courts, district courts, and the State Court (which functions as a
supreme court). The district and State courts are also courts for
``constitutional supervision.'' At the rural and city levels, court
decisions are made by a majority vote, with a judge and two lay members
sitting in judgment. All judges and lay judges must be citizens. The
President nominates and the State Assembly confirms the Chief Justice
of the State Court. The Chief Justice nominates State Court judges who
are subject to confirmation by the State Assembly. He also nominates
the district, city, and rural court judges who are appointed by the
President. Judges are appointed for life.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. It also provides
that court proceedings shall be public. Closed sessions may be held
only for specific reasons, such as the protection of state or business
secrets, and in cases concerning minors. The Constitution further
provides that defendants may present witnesses and evidence as well as
confront and cross-examine prosecution witnesses. Defendants have
access to prosecution evidence and enjoy a presumption of innocence. If
a person cannot afford an attorney, the State provides one.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. The law
requires a search warrant for the search and seizure of property.
During the investigative stage, the prosecutor issues warrants upon a
showing of probable cause. Once a case has gone to court, the court
issues warrants. The Constitution provides for the privacy of the mail,
telegrams, telephones, and other means of communication. Police must
obtain a court order to intercept communications. Illegally obtained
evidence is not admissible in court.
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. The Law on Language prohibits the
use of any foreign language on public signs, advertisements, and
notices, including election posters. Translation may be provided into
other languages; international conferences are exempt from the law.
Four major national Estonian-language and two Russian-language
daily newspapers were published, in addition to several weeklies. These
publications were independent and not subject to government influence;
more than half were foreign-owned. A local politician's company owned
one Russian daily. All newsprint, printing, and distribution facilities
were privately owned. Foreign newspapers and magazines were widely
available.
In January the city court of Tallinn found a journalist accused of
libel not guilty. The plaintiff, whom police held briefly in connection
with the 2001 murder of the publisher of a Russian-language daily,
filed an appeal in District Court; the case was pending at year's end.
A 2000 administrative court decision to fine a local television
newsperson for using insulting words on the air against a local writer
was under appeal at year's end; further action appeared unlikely.
After a dispute in late 2001, the organization representing the
country's print press ended its cooperation with the existing ombudsman
organization and created a new organization--the Press Council--with a
similar purpose.
State (public) broadcast media, including one nationwide television
channel (Estonian Television--ETV), continued to receive large
government subsidies. The Government instructed ETV to stop
broadcasting commercials as of July.
There were two commercial Estonian-language television channels and
a wide range of private radio stations.
Some Russian-language programs, mostly produced in Estonia, were
broadcast over state and private or commercial television channels. The
Government played a large role in encouraging Russian-language programs
on state television. However, in proportion to the size of the Russian-
speaking minority in the country, the actual amount of Russian-language
programming remained small, due in part to the Russian service's
limited budget. Russian state television and Russian commercial
channels were available widely via cable.
Internet access was available and generally unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. Permits for all public
gatherings must be obtained 3 weeks in advance. The authorities have
wide discretion to prohibit such gatherings on public safety grounds
but seldom did so. There were no reports of government interference in
mass gatherings or political rallies during the year. Noncitizens are
prohibited from joining political parties, although they may form
social groups.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The law requires all religious organizations to have at least 12
members and to be registered with the Interior Ministry and the Board
of Religion. Leaders of religious organizations must be citizens with
at least 5 years' residence in the country.
Beginning in 1993, a group of ethnic Estonian and Russian parishes
preferring to remain under the authority of the Russian Orthodox Church
structure have attempted to register under names similar to the
registered Estonian Apostolic Orthodox Church (EAOC), which is
independent. In May 2001, the Ministry of Foreign Affairs (MIA)
declined to approve an application by representatives of the Moscow
Patriarchate, explaining that it could not formally register this
church under its desired name, since it would be confused too easily
with the EAOC. Following an exchange between the Estonian Prime
Minister and the Moscow Patriarch in 2001, as well as other
discussions, on April 17, the MIA registered the church under the name
Estonian Orthodox Church (EOC), Moscow Patriarchate.
On February 12, Parliament adopted a revised Law on Churches and
Religious Organizations. The law removed a disputed provision from
legislation proposed in 2001 that would have barred the registry of any
church or union of congregations whose permanent or temporary
administrative or economic management was performed by a leader outside
the country. The President promulgated the revised law on February 27.
The majority of citizens are nominally Lutheran, but relations
between the various religious communities generally are amicable.
Tension between the ethnic Estonian and ethnic Russian populations
generally did not extend to religious matters; however, the
hierarchical dispute and legal conflict over church property did result
in some resentment on the part of Christian Orthodox believers
belonging to the EOC, Moscow Patriarchate.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice. Passports served
as identification but do not have to be carried at all times. There
were no exit visas.
The Government did not restrict the right of noncitizen residents--
persons who are citizens of another country or stateless persons--to
foreign travel, emigration, or repatriation, although some noncitizens
complain of delays in obtaining travel documents. The majority of
noncitizens were ethnic Russians (see Section 5). The Government issued
alien passports to resident aliens not in possession of other valid
travel documents. Such aliens included: Persons who are designated as
stateless, foreign citizens who cannot obtain travel documents from
their country of origin or from another state, persons who file for
Estonian citizenship and pass the language examination if required
(pending receipt of citizenship), and aliens who are departing Estonia
permanently. The Government approved the issuance of alien passports to
noncitizens intending to study abroad and agreed to issue them to
former military personnel who cannot or do not want to assume Russian
citizenship.
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. The Government cooperated with the
office of the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees. The Citizenship and
Migration Board has authority over domestic refugee issues and oversees
the state registry for asylum. Since 1999 an accelerated procedure has
been in effect for processing refugee applications for those in the
country, in addition to the already existing procedure at the border.
Temporary residence permits may be granted to persons whose
applications for a residence permit are based on an international
agreement.
In the past, the Government granted first asylum, but it denied
first asylum to all seven applicants during the year. The accelerated
program began in 1999; during the year, 69 persons applied for asylum,
of whom 7 were waiting for a reply at year's end. Of the applicants
processed, four were granted asylum, and seven were granted temporary
residence permits. The Citizenship and Migration Board turned down the
remaining applications on the grounds that the applicants did not
fulfill the criteria for refugee status as defined in the 1951 U.N.
Convention.
The Government deported a small number of illegal aliens during the
year, usually persons caught in criminal acts. By the end of July,
three illegal aliens were held as internees pending deportation or a
court order granting them residence.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. On January 8, the coalition government elected in
1999 stepped down and on January 28 was replaced by a new coalition
comprised of the Reform and Center Parties. On October 20, nationwide
municipal elections were held.
Only citizens may vote in parliamentary elections and be members of
political parties. However, resident noncitizens and those who have
lived permanently in the area for at least 5 years preceding the
election may vote in local elections, although they may not run for
office. Approximately 1.1 million persons were citizens, of whom
approximately 117,000 received their citizenship through the
naturalization process. Holders of permanent or temporary residence
permits numbered approximately 270,000 persons, 80 percent of whom are
ethnic Russians (see Section 5). Illegal residents numbered
approximately 30,000, and most were ethnic Russians; they were not
included in the census figures.
There were 17 women in the 101-seat legislature. Four of the 13
cabinet ministers were women.
Ethnic Russians, who made up 28 percent of the population, held 7
of the 101 seats in the State Assembly. The law requires that Members
of Parliament speak Estonian.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were usually cooperative and responsive to their views. A
nongovernmental legal information center in Tallinn provided free legal
assistance to individuals--citizen and noncitizen alike--seeking advice
on human rights-related issues.
The Government's Human Rights Institute monitored human rights and
provided information to the international community. It investigated
reports of human rights violations, such as allegations of police abuse
and the inhuman treatment of detainees. The Institute operated an
information center in the heavily ethnic Russian town of Kohtla-Jarve.
A presidentially established roundtable composed of representatives
of the State Assembly, the Union of Estonian Nationalities, and the
Russian-speaking population's Representative Assembly discussed and
made recommendations on social integration issues, as did an analogous
but independent roundtable that met monthly in the county of East
Virumaa.
The role of the Chancellor of Justice and the ombudsman were
combined under legislation passed by the State Assembly in 1999. The
chancellor-ombudsman, who also operated a branch office in the heavily
ethnic Russian northeastern town of Narva, handled complaints by
private citizens against state institutions.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination for any reason; however,
reports of discrimination against ethnic Russian residents continued.
Women.--Violence against women, including spousal abuse, reportedly
was common and continued to be the subject of discussion and media
coverage. Neither domestic violence nor marital rape are criminalized,
although they may be prosecuted under existing law. Rape and attempted
rape occurred infrequently. In the first 11 months of the year, there
were reports of 67 rapes and 10 attempted rapes, compared with 43 rapes
and 9 attempted rapes for all of 2001. However, studies showed that 40
percent of crime, including domestic violence, went unreported. Even
when the police were called, the abused spouse often declined to press
charges, due to societal pressure.
There were reports that women were trafficked for prostitution (see
Section 6).
Sexual harassment existed but was not reported officially. Although
sexual harassment is not specifically mentioned in the penal code, it
is possible to prosecute such cases under Code provisions on
``Violation of Gender Equality.'' Although women have the same legal
rights as men under the law and are entitled in theory to equal pay for
equal work, this was not the case in practice. While women's average
educational level was higher than that of men, their average pay in
general was lower, and there continued to be female- and male-dominated
professions. Women constituted slightly less than one-half of the work
force; they also carried most major household responsibilities.
The Center of Women Citizens and a roundtable of women's
organizations worked to promote women's rights.
Children.--The Government is strongly committed to education; it
gave a high priority to building and refurbishing schools. The
mandatory education period is 9 years. Education is free. Approximately
97 percent of those eligible attended school, with attendance in
proportion to the breakdown by gender in the population. The Government
provided free medical care for children and subsidized school meals.
There is no societal pattern of child abuse; however, studies,
including one published by the local U.N. Development Program office
during 2000, found that a significant proportion of children had
experienced at least occasional violence at home, in schools, or in
youth gangs. In the first 11 months of the year, police registered 27
cases of sexual abuse involving 26 female victims and 1 male victim,
all below age 16. In the same period, there were 32 cases of
procurement for prostitution or criminal activity of victims younger
than 18 years old. In one rape case, the victim was younger than age
14.
Persons with Disabilities.--While the Constitution provides for the
protection of persons with disabilities against discrimination, and
both the Government and some private organizations provide them with
financial assistance, little has been done to enable persons with
disabilities to participate normally in public life. There is no public
access law, but some effort was made to accommodate persons with
disabilities; for example, ramps were installed at curbs on new
sidewalk construction, and public transportation firms acquired some
vehicles that are accessible, as have some taxi companies. The law
allows for persons with serious sight, hearing, or speech impediments
to become naturalized citizens without having to pass an examination on
the Estonian Constitution and language.
National/Racial/Ethnic Minorities.--During the years of the
country's forced annexation by the Soviet Union, large numbers of non-
Estonians, predominantly ethnic Russians, were encouraged to migrate to
Estonia to work as laborers and administrators. These immigrants and
their descendants made up approximately one-third of the total
population; about 40 percent of these persons were born in Estonia.
The Law on Cultural Autonomy provides for the protection of
cultures of citizens belonging to minority groups. Some noncitizens
termed the law discriminatory, because it restricts cultural autonomy
only to citizens; however, noncitizens may participate fully in ethnic
organizations, and the law includes subsidies for cultural
organizations.
In districts where more than one-half of the population speak a
language other than Estonian, the law entitles inhabitants to receive
official information in that language.
All residents, whether or not they are citizens, may complain
directly to the State Court about alleged violations of human or
constitutional rights. The State Court justices review each case. All
decisions are in Estonian, but if a complaint is received in a language
other than Estonian (usually Russian), the court provides a
translation.
Some noncitizen residents, especially ethnic Russians, continued to
allege job, salary, and housing discrimination because of Estonian
language requirements. The Citizenship Law includes a residency
requirement for naturalization of 5 years and requires knowledge of the
Constitution and the Citizenship Law, as well as Estonian language
capability. Persons who were legal residents in the country prior to
July 1, 1990, were exempt from the 5-year legal residence and 1-year
waiting period requirements. The law allows the Government to waive the
language and civic knowledge requirements for applicants who have
Estonian-language elementary or higher education, or who have performed
valuable service to Estonia. The Citizenship Law, as amended in 1998,
grants citizenship to stateless children born to legally resident
stateless parents after February 26, 1992 (upon the parents' or
guardians' application). As of December, parents had applied for
citizenship for 2,178 such children; 2,026 of the applications were
approved.
While the OSCE and some other international organizations, such as
the Finnish Helsinki Committee, have found the citizenship law to be
satisfactory, some U.N. officials, the Russian government, and members
of the local ethnic Russian community continued to criticize the
Citizenship Law as discriminatory, notably for its Estonian language
requirements.
By law the following classes of persons are ineligible for
naturalization: Those filing on the basis of false data or documents;
those not abiding by the constitutional system or not fulfilling the
laws; those who have acted against the State and its security; those
convicted of felonies; those who work or have worked in the
intelligence or security services of a foreign state; or those who
served as career soldiers in the armed forces of a foreign state,
including those discharged into the reserves or retired. The latter
category includes spouses who came to Estonia in connection with the
service member's assignment to a posting, the reserves, or retirement.
A provision of the law allows for the granting of citizenship to a
foreign military retiree who has been married to a native citizen for 5
years. During the year, 4,091 persons received citizenship by
naturalization. A total of 213,717 persons held permanent residence
permits; 52,758 held temporary residence permits. Bureaucratic delays
also were cited as disincentives for securing citizenship.
Partly in response to allegations by foreign governments of human
rights violations against the noncitizen population, the Government in
1998 established a high-level commission to examine all aspects of
bilateral relations, including a subgroup that would examine the
humanitarian aspects of the Russian minority in Estonia and possibly of
the Estonian minority in Russia. However, by year's end, there had yet
to be a formal session of the commission, and no action appeared
likely.
A 2000 amendment to the law on aliens provides that the annual
immigration quota does not apply to non-Estonian spouses of Estonian
citizens if the spouses have a common child up to 15 years of age or if
the female spouse is more than 12 weeks pregnant. In addition, the
amendment provides that the quota does not apply to children up to 15
years of age if the parents are applying for a residence permit. On
June 28, Parliament adopted an amendment to the aliens law that allows
permanent residents who have resided in the country for at least 5
years to bring in spouses or close relatives without regard to the
immigration quota.
Other than for land ownership, the law does not distinguish between
citizens and noncitizens for purposes of business or property
ownership, and land ownership by foreigners is restricted only in
certain strategic areas. All legal residents of the country may
participate equally in the privatization of state-owned housing.
The Language Law requires that all public servants and public
sector employees, service personnel, medical professionals, and sole
proprietors must use the Estonian language, with actual proficiency
determined through examination. Non-Estonian citizens who have obtained
at least primary education proficiency in the language are exempted
from the requirement to pass a language examination. A total of 28
prison officials were fired for noncompliance with the language
requirement.
The Language Law, amended in 2000, conforms with EU recommendations
regarding language requirements for persons working in the private
sector. For employees of private enterprises, nonprofit organizations,
and foundations, as well as sole proprietors, the amended law
establishes a requirement of proficiency in the Estonian language if it
is in the public interest.
The language office liberally granted extensions to persons who can
explain their failure to meet the requisite competence level. The
Government established language-training centers; however, they lack
qualified teachers, financial resources, and training materials. There
were allegations that the examination process, which 75 to 90 percent
of persons pass, was arbitrary. Some ethnic Russians asked for free
language training. The examination fee for either language test--for
employment or citizenship--was 15 percent of the monthly minimum wage,
although it was waived for the unemployed. An EU program reimbursed
language training costs for those who passed the examination.
The President's Roundtable continued to seek practical solutions to
the problems of noncitizens. The Government continued implementing an
integration program instituted in 2000 for the years 2000-07 aimed at
fostering the integration of the non-Estonian-speaking population into
Estonian society. In addition, at least 10 nongovernmental
organizations (NGOs) developed and implemented local programs to assist
the integration of non-Estonians into society.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to form and join a union or employee association. The largest
trade union is the Central Organization of Estonian Trade Unions
(EAKL); it was wholly voluntary and had approximately 50,000 members.
Another trade union, the Organization of Employee Unions, split from
the EAKL and has approximately 40,000 members. A third central union
represented food processing and rural workers. Approximately one-third
of the country's labor force belonged to one of the three labor
federations. Unions were independent of the Government and political
parties.
The ICFTU's 2000 ``Annual Survey of Violations of Trade Union
Rights'' stated that the registration requirements for trade unions,
set out in the 1996 Non-Profit Associations Act, were ``overly
detailed'' and ``limited their right to decide upon the functioning of
their decision-making bodies, stipulated procedures in respect to the
establishment, merger, and separation of trade unions, federations and
confederations, and gave the authorities the power to liquidate trade
unions.'' A 2000 trade union law eliminated many of the problems.
The Labor Code prohibits antiunion discrimination, and employees
may go to court to enforce their rights. The law provides for
collective bargaining, collective dispute resolution, and shop
stewards.
Unions may join federations freely and affiliate internationally.
b. The Right to Organize and Bargain Collectively.--While workers
have the legally acquired right to bargain collectively, collective
bargaining has not developed fully. According to EAKL leaders, few
collective bargaining agreements have been concluded between the
management and workers of a specific enterprise. However, the EAKL has
concluded framework agreements with producer associations, which
provide the basis for specific labor agreements, including the setting
of the minimum wage (see Section 6.e.). The EAKL also was involved with
developing the Labor Code, which covers employment contracts, vacation,
and occupational safety.
The law provides for the right to strike, and the Constitution and
statutes prohibit retribution against strikers. On December 9,
railwaymen, metalworkers, and airline employees staged an 11-hour
warning strike, which the unions said was necessitated by the
Government's nonfulfillment of its obligations concerning labor market
policy.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution does
not specifically prohibit forced or bonded labor by children, and there
were reports that families forced children into begging (see Section
6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The statutory minimum age for employment is 16 years.
Minors 13 to 15 years of age may work provided that they have the
written permission of a parent or guardian and the local labor
inspector. The work may not endanger the minor's health or be
considered immoral, cannot interfere with education, and must be
included on a government-approved list. Government authorities
effectively enforce minimum age laws through inspections.
There were instances in which families forced their children to
engage in peddling or begging (see Section 6.c.).
e. Acceptable Conditions of Work.--The Government, after
consultations with the EAKL and the Central Producers Union, sets the
minimum wage. The monthly minimum wage was $115 (EEK 1,850). The
national minimum wage--received by 5 to 6 percent of the workforce--was
not sufficient to provide a decent standard of living for a worker and
family. The average monthly wage in the second quarter was
approximately $321 (EEK 5,140).
The standard workweek is 40 hours, and there is a mandatory 24-hour
rest period per week. According to EAKL sources, legal occupational
health and safety standards are satisfactory in theory; however, they
were extremely difficult to achieve in practice. The National Labor
Inspection Board is responsible for enforcement of these standards, but
it has not been very effective. The labor unions also have occupational
health and safety experts who assisted workers to bring employers into
compliance with legal standards. Workers have the right to remove
themselves from dangerous work situations without jeopardizing their
continued employment.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, while there were no official reports during the year
that persons were trafficked to, from, or within the country, it was
generally believed that women were trafficked to other countries, and
there were reports of prostitution of victims younger than 18 years old
(see Section 5).
The new Penal Code that took effect on September 1 specifically
criminalized the trafficking of persons. There were no arrests or
prosecutions of traffickers during the year.
There were reports that women were trafficked from the country to
Scandinavia and Central Europe. Reportedly job advertisements placed
from abroad to recruit women were in some cases associated with
international prostitution rings.
In May the Nordic Council of Ministers, in cooperation with the
Government, held a seminar in Tallinn entitled, ``Trafficking in
Women.'' The Conference drew public attention to the issue of
trafficking in women and promoted international cooperation to address
the problem. NGOs carried out several anti-trafficking campaigns.
__________
FINLAND
Finland is a constitutional republic with a directly elected head
of state (President), a Parliament, a head of government (Prime
Minister), and an independent judiciary.
The Government maintains effective control of the police, all
security organizations, and the armed forces.
The economy is primarily market based, and it provides citizens
with a high standard of living. The population was approximately
5,195,000.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. The Government took steps to
address the problem of violence against women. There were reports of
trafficking in persons, primarily women but also some girls, for
prostitution. Finland was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
During the year, there were a number of attacks by skinheads on
Muslim owned businesses, and street fights between different ethnic
groups occurred occasionally between younger groups. Somalis and Muslim
immigrants were most at risk. The Government took steps to deal with
this problem (see Section 5).
Prison conditions generally met international standards, and the
Government permitted visits by independent human rights observers. Male
and female prisoners were held separately. Juveniles were held
separately from adults, and pretrial detainees were held separately
from criminals.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Warrants are required for arrest. If an individual is arrested
while committing a crime, a warrant must be obtained within 3 days.
Once arrested the accused must be given a court hearing within 3 days.
There is no system of bail except for very serious crimes. Preventive
detention is only permitted during a declared state of war for narrowly
defined offenses, such as treason, mutiny, and arms trafficking.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judiciary consists of the Supreme Court, the Supreme
Administrative Court, and the lower courts. The President appoints
Supreme Court justices, who in turn appoint the lower court judges.
Supreme Court justices may serve until their retirement, which usually
is at age 63, although justices may serve until age 67.
The law provides for the right to a fair public trial, and an
independent judiciary generally enforced this right. Local courts may
conduct a closed trial in juvenile, matrimonial, and guardianship
cases, or when publicity would offend morality or endanger the security
of the state. In national security cases, the judge may withhold from
the public any or all information pertaining to charges, verdicts, and
sentences. The law provides for sanctions against violators of such
restrictions.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such practices, and the
Government generally respected these prohibitions in practice.
Violations were 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
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combine to
provide freedom of speech and of the press, including academic freedom.
There were 226 newspapers, including 56 that appeared at least 4
times a week and 26 dailies. A majority of the newspapers were
independent; political parties published others. The country had 70
commercial radio stations; 3 national public service radio channels in
Finnish and 2 in Swedish; a radio network in the Sami language; 3
digital radio channels; and 4 independent national television channels:
2 public service and 2 commercial channels.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. There are two state churches: The Evangelical Lutheran Church
and the Orthodox Church. Nontraditional religious groups practiced
their religion freely.
All citizens who belong to one of the two state churches pay, as
part of their income tax, a church tax. Those who do not want to pay
the tax must inform the applicable state church that they are leaving
that church. Nontraditional religious groups were eligible for some tax
relief (e.g., they may receive tax-free donations), provided they are
registered with, and recognized by, the Government as religious
communities.
The Ministry of Education has outlined requirements for recognition
of religious communities. Religious groups should have at least 20
members, the purpose of the group should be the public practice of
religion, and the activities of the group should be guided by a set of
rules. The Government recognized 45 religious communities as churches.
Instruction in the tenets of the state religions is incorporated
into the curriculum of all public schools; however, students who are
not members of the state churches may substitute general classes on
religion and philosophy.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
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. The Government cooperated with the U.N.
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees. Approved refugees and asylum seekers were processed
directly for residence. A 1999 law promotes the integration of
immigrants who have been granted asylum. The issue of the provision of
first asylum has never arisen.
A total of 3,129 applications for asylum were submitted during the
year. There were 592 applications from Romanian Roma, 349 from
Slovakian Roma, 252 from Russians, 248 from Bulgarian Roma, and 226
from refugees from Bosnia-Herzegovina. By year's end, the Government
had processed 3,334 applications; it granted asylum to 14 applicants
and residence permits to 577 others, including 250 who received it on
the basis of need for protection. The authorities refused 2,312
applications. Following an initial asylum examination by the police
(which can take several months), asylum applications must be heard
within 7 days, and applicants have 8 days to appeal a decision.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Women were well represented at all levels of government. There were
75 women in the 200-member Parliament and 7 in the 18-member Cabinet.
The President, the Speaker of Parliament, and one of the two Deputy
Speakers of Parliament were women. The law requires a minimum of 40
percent membership from each sex on all state committees, commissions,
and appointed municipal bodies.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated 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, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on sex, age,
origin, language, conviction, opinion, or disability, and the
Government effectively enforced these provisions.
Women.--Violence against women continued to be a problem. Although
police statistics annually report around 3,000 cases of domestic
violence (with one-fourth of the victims being men), the Government
estimated that some 100,000 women lived in an atmosphere of violence.
Approximately 30 women died every year from violence. An estimated one-
half of divorced women have experienced violent behavior from their
partners. Approximately 460 rapes were reported during the year. The
true number of rapes remained unknown, as the threshold to report the
act to police remained very high, particularly when the victim knew the
perpetrator. Reports on violence against women indicated that only one
rape in four was committed by an unknown assailant. The law
criminalizes rape, spousal rape, and domestic abuse. The law provides
for stringent penalties for violence against women, and the police and
the courts enforced this provision. Courts have begun to impose
slightly tougher sentences for rape; in the past 2 years, unconditional
sentences have been lengthened by 6 months--from 18 months to an
average of 2 years. Suspended sentences also have become longer.
The number of calls to the police concerned with domestic violence
was not compiled centrally, but it was estimated at 10,000 to 12,000
annually, an estimate that shelter officials believed understated by
one-half the number of actual incidents. The Union of Shelter Homes, as
well as the municipalities, maintained 23 shelter homes for female,
male, adult, and child victims of violence. Officials also established
shelter homes for minors, mainly 15- to 18-year-olds. Most persons
seeking shelter were women between 25 and 35 years of age, either
married or in a common-law relationship, and nearly one-third were
immigrants.
Administration of equality issues was divided between two units in
the Ministry of Social Affairs and Health: The Office of the Ombudsman
for Equality and the Gender Equality Unit. The Ombudsman for Equality
continued to operate within the Ministry of Social Affairs and Health
as an independent authority monitoring compliance with the Equality
Act. The Gender Equality Unit had responsibility to prepare and develop
the Government's equality policy in cooperation with the other
ministries, to help mainstream gender equality, and to handle tasks
related to the European Union's (EU's) equality law and policy and
international activities. The Government's Council for Equality
coordinated and sponsored legislation to meet the needs of women as
workers, mothers, widows, or retirees.
Trafficking in women and children for the purposes of sexual
exploitation was a problem (see Section 6.f.).
The Constitution calls for the promotion of gender equality in
social activities and working life--the latter particularly in the
determination of remuneration--and the country has a comprehensive
equal rights law; however, in practice comparable worth has not been
implemented because of the difficulty of establishing criteria. Women's
average earnings were 82 percent of those of men, and women tended to
be employed in lower paying occupations. While women individually have
attained leadership positions in the private and public sectors, there
were disproportionately fewer women in top management jobs. Industry
and finance, the labor movement, and some government ministries
remained male dominated. More than one-half of the country's physicians
and 65 percent of medical school graduates in 2001 were women. Women
served in the armed forces. Of the 79 complaints processed by the
Government's Equality Ombudsman between January 1 and September 30, 14
cases were judged to be violations of the law. In such cases, the law
provides for correction of the situation as well as compensation for
the complainant.
Children.--The Government is strongly committed to children's
rights and welfare; it amply funded systems of public education and
medical care. Education is free and compulsory for children between 7
and 16 years of age. More than 99 percent of children between these
ages attended school, and girls and boys were treated equally in the
education system.
There was no pattern of societal abuse of children, and the law
reflected the national consensus supporting children's rights.
There were reports of trafficking in children for prostitution (see
Section 6.f.).
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services. The deaf and the mute were provided 120 to 240
hours of interpretation services annually. The Government provided
subsidized public housing to persons with severe disabilities.
Although the law requires that new public buildings be accessible
to persons with physical disabilities, many older buildings remained
inaccessible. No such law applies to public transportation, but
municipalities subsidized measures to improve accessibility to public
vehicles. Local governments maintained a free transport service that
provided a minimum of 18 free trips per month for each person with
disabilities.
Indigenous Persons.--Sami (Lapps), who constitute less than 0.1
percent of the population, benefited from legal provisions that provide
for the protection of minority rights and customs. The Constitution
provides for the protection of Sami language and culture and the
Government financially supported Sami culture. Sami received subsidies
to enable them to continue their traditional lifestyle, which revolves
around reindeer herding. Sami have political and civil rights, and they
were able to participate in decisions affecting their economic and
cultural interests. The use of the Sami language, a minority language
that is used regionally, is permitted in schools, the media, dealings
with administrative and judicial authorities, economic and commercial
life, and cultural activities.
National/Racial/Ethnic Minorities.--The number of immigrants rose
from 91,074 in 2000 to 98,577 in 2001. Immigrants account for 1.9
percent of the population. For 2001 the Police reported 426 racially
motivated crimes. However, a study conducted among immigrants showed
that 71 percent of victims of racially motivated crimes had not
reported it to the police. Most of the victims were Somalis and Arabs,
who said they experienced police discrimination. The Government took
steps to address racism and intolerance. All government ministries
included anti-racism provisions in their educational, information, and
personnel policy programs and included relevant measures in those
programs. Ministries must lower the threshold for intervention in cases
of racism and promote appropriate administrative practices. In
addition, the Government monitored police, border guard officers, and
teachers in their treatment of immigrant groups.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
rights of trade unions to organize and assemble peacefully.
Approximately 79 percent of the work force was organized. All unions
were independent of the Government and political parties.
The law protects workers against antiunion discrimination.
Collective bargaining agreements as well as labor law, both of which
were enforced, governs complaint resolution.
Trade unions freely affiliate with international bodies.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively. Collective
bargaining agreements usually are based on income policy agreements
between employee and employer central organizations and the Government.
The law grants public sector employees the right to strike, with
some exceptions for employees who provide essential services. A strike
is legal when an employment contract is not in effect and the action is
directed against the contract, but a strike would be illegal after a
contract agreed to by labor, employers, and the Government is in
effect. Fines were imposed for illegal striking. During the first half
of the year, there were 35 brief strikes, most of them in the
industrial sector and most of them illegal.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and there were
no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits youths under 16 years of age from
working more than 6 hours a day or at night. The Labor Ministry
enforces child labor regulations; there were virtually no complaints of
the exploitation of children in the work force.
e. Acceptable Conditions of Work.--There is no legislated minimum
wage, but the law requires all employers--including nonunionized ones--
to meet the minimum wages agreed to in collective bargaining agreements
in each industrial sector. These minimum wages generally provided a
decent standard of living for a worker and family.
The legal workweek consists of 5 days not exceeding 40 hours.
Employees working shifts or during the weekend are entitled to a 24-
hour rest period during the week. The law was enforced effectively as a
minimum, and many workers enjoyed stronger benefits through effectively
enforced collective bargaining agreements.
The Government sets occupational health and safety standards, and
the Labor Ministry effectively enforced them. Workers can refuse
dangerous work situations without risk of penalty.
f. Trafficking in Persons.--The law does not explicitly prohibit
trafficking in persons; however, traffickers can be prosecuted under
other laws that prohibit slavery, the exploitation of prostitution by
means of coercion or fraud, pimping and other related activities, and
arranging illegal entries. In a few cases, the authorities prosecuted
traffickers; however, according to the Government, the trafficker was
often abroad and therefore difficult to prosecute. There were 22
prosecutions for these offenses during the year.
There were reports that persons were trafficked to and through the
country. Most trafficking involved women and girls for prostitution
from Russia and Estonia, with lesser numbers from Belarus and the
Ukraine. Women generally believed that they would be offered normal
employment in jobs such as dancers, waitresses, or home assistants.
Investigations revealed that they were recruited by organized crime
groups and, upon arrival, were directed to locations and accommodations
reserved for them by intermediaries in their countries of origin.
The law includes some provisions for witness protection. Legal
council is provided to victims as well as medical care and
psychological counseling. The Government participated in the funding of
shelters, which were generally municipally run.
The Government and NGOs made efforts to prevent trafficking. A
working group consisting of representatives of the police, border
control, and immigration authorities handled illegal immigration,
including trafficking; however, police budget constraints limited the
Government's ability to address trafficking. The Ministry of the
Interior supervised the EU's antitrafficking ``STOP'' project--a
multinational network to monitor, analyze, and combat trafficking in
persons.
__________
FRANCE
France is a constitutional democracy in which citizens directly
elect the President and the National Assembly in periodic, free, and
fair elections. The judiciary is independent.
The law enforcement and internal security apparatus consisted of
the Gendarmerie, the national police, and municipal police forces.
Civilian authorities maintained control of the security forces. Some
members of the police forces committed human rights abuses.
The country's population was approximately 60 million. The highly
developed, diversified, and primarily market-based economy provided
residents with a high standard of living.
The Government generally respected the human rights of its
citizens, although there were a few problems in some areas; the law and
judiciary provide effective means of dealing with cases of individual
abuse. There were instances of the abuse of detainees, particularly
foreigners, and reports of the use of excessive force by law
enforcement officers. Long delays in bringing cases to trial and
lengthy pretrial detention were problems. Violence against women and
children were problems, which the Government took steps to address.
After an increase during the first half of the year, anti-Semitic
incidents decreased during the second half of the year. There were
instances of violence and discrimination against immigrants and
religious minorities. Trafficking in women and girls was a problem,
which the Government took steps to address. France was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings by the Government or its agents. However,
there were isolated incidents of law enforcement officers using
excessive force, which may have led to the death of one person in
custody. There was no evidence of a pattern of abuse.
In September Georges Mondesir died of a heart attack after police
took him into custody for threatening a neighbor with a knife. At
year's end, the court of Nanterre continued an investigation into
allegations that the police used excessive force.
There were some deaths of persons in custody (see Section 1.c.).
In April Richard Durn, held for killing eight municipal officials
in Nanterre, jumped to his death from a window in the office where
police were questioning him. Administrative and judicial inquests
determined that there was no official negligence in connection with
Durn's suicide.
In a similar incident in December, Jerome H., a suspected
pedophile, jumped to his death from the window of the interrogation
room where he was being questioned by police. The Inspector General of
Police Services opened an investigation, which was ongoing at year's
end.
In April 2000, a police officer shot and killed 25-year-old Ryad
Hamlaoui while he was attempting to steal a car in Lille-Sud. The
officer was prosecuted and convicted of voluntary manslaughter,
although he claimed he acted in self-defense. In July the case was
retried on appeal, and a jury reduced the finding to involuntary
manslaughter and issued a suspended sentence of 3 months.
In 1997 a police officer shot and killed Abdel Kader Bouziane as he
attempted to run into a police barricade in a stolen car. The officer
claimed he acted to protect his colleague at the barricade, and in
December 2001 the Orleans Court of Appeals dismissed the case against
him.
The eight Breton militants allegedly involved in the 2000 lethal
bombing of a restaurant near Dinan remained in custody while the
investigation continued. Eight Corsican nationalists charged in the
1998 killing of Corsican Prefet Claude Erignac remained in custody. The
Paris Court of Appeals rejected an appeal by four of them; the eight
are to be tried in early 2003.
Former Vichy official Maurice Papon, who was convicted in 1998 and
sentenced to 10 years imprisonment for complicity in crimes against
humanity for signing orders leading to the deportation of 1,690 Jews
from 1942 to 1944, appealed his sentence under a law passed in April
that frees mortally ill prisoners who do not pose a threat to public
order. On September 18, the Court of Appeals of Paris ruled that Papon,
who is elderly and infirm, should be released on grounds of ill health.
He was freed later that day. The Minister of Justice, the Prime
Minister, and civic groups publicly condemned the decision. The
Government appealed the decision to the Court of Cassation and sought
Papon's return to prison. The case remained pending 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 law prohibits such practices; however, there were
allegations of isolated incidents in which law enforcement officers
used excessive force. There was no evidence of a pattern of abuse. The
authorities investigated alleged abuse by officials and punished those
responsible when the allegations were substantiated. The Inspector
General of the National Police and the Office of Judicial Police
investigated and prosecuted allegations of police brutality. The
independent National Commission on the Conduct of Police and Security
Forces investigated and reported to the Prime Minister and Parliament
on cases of misconduct by national and municipal police, gendarmes, and
private security forces. The National Consultative Commission on Human
Rights also monitored police conduct.
On February 22, police reportedly physically assaulted and shouted
racial insults at French national Karim Latifi after he interrupted
police officers in the process of questioning a group of youths at a
roadblock in Paris. Approximately 15 other officers reportedly were
implicated in the subsequent assault, striking him with truncheons and
punching and kicking him. He received serious head injuries and a
broken nose. The public prosecutor of Paris opened an inquiry into the
case, which continued at year's end.
Government authorities continued to be concerned about violence in
Corsica. The Corsican National Liberation Front claimed responsibility
for 12 bombings this year; there were many other bombings that had not
been claimed but were under investigation to determine whether their
motivation was political or criminal. By year's end, investigations
continued in the killings of three members of the Armata Corsa and the
2000 shooting deaths of former Corsican nationalist militant Jean-
Michel Rossi and his bodyguard.
The Government took steps to address the concerns of Corsican
nationalists. In December 2001, Parliament approved the Matignon
Agreement of 2000 that gives Corsica greater autonomy. However, in
January the Constitutional Council declared that the first article
violated the Fifth Republic's constitutional prohibition against
delegating legislative authority to local or regional assemblies. At
year's end, both the National Assembly and the Senate approved an
extensive decentralization reform package that includes measures to
reform the Constitution to allow delegation of authority in the manner
called for by the Matignon Agreement. A final vote is scheduled for
early 2003.
Prison conditions generally met international standards; however,
public debate continued on the adequacy of prison conditions. In the
past several years, credible nongovernmental organizations (NGOs) have
reported overcrowding and unacceptable hygiene conditions in prisons.
In September Parliament approved a prison reform bill that provided for
the replacement of old prisons and the building of space for 13,200
more prisoners. The Government began construction and anticipated
completing its plan to build 30 new prisons by 2006.
According to the Ministry of Justice, there were 54,950 persons in
custody as of June. There was no evidence of deaths in prison due to
mistreatment during the year. The Ministry of Justice reported 235
deaths of persons in custody in 2001, of which 104 were suicides. The
country does not keep statistics on causes of death of prisoners other
than suicide. The NGO French Prison Suicide Observatory reported 116
suicides and suspicious deaths during the year.
Men and women were held separately, juveniles were held separately
from adults, and convicted criminals were held separately from pretrial
detainees and those serving sentences of less than 1 year.
The Government permitted prison visits by independent human rights
observers. The Council of Europe's Committee for the Prevention of
Torture visited the country in June but had not released a report of
its findings by year's end.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions; however, credible sources have criticized the
judicial system for its inability to process suspects quickly. Some
suspects spend many years in prison before a trial. According to the
Prison Administration, as of June 18,598 of the 54,950 persons held in
jails and prisons were awaiting trial.
Police are required by law to obtain warrants prior to taking
persons into custody. Detainees have access to lawyers. Suspects must
have access to a lawyer within 1 hour of being detained. Pretrial
detention is generally only allowed if there is a possibility that the
suspect would be sentenced to more than 3 years in prison for crimes
against persons and to more than 5 years in prison for crimes against
property. There is a system of bail.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The court system includes local courts, 35 regional courts of
appeal, and the highest criminal court, the Court of Cassation, which
considers appeals on procedural grounds only. Prospective magistrates
compete for entry into the National School for Judges; upon completion
of their course of study and rigorous exams, magistrates are placed
according to their class ranking.
The judicial system has been criticized by credible sources for its
inability to process suspects quickly (see Section 1.d.). In cases of
serious crimes, investigating judges detain suspects for questioning
and direct the criminal investigation that occurs before a case is
tried. The chambre d'accusation reviews the investigating judge's
investigation to determine whether the charge established by the
investigating judge was appropriate. The Court of Assises investigates
and decides cases involving serious criminal offenses.
There were no significant developments during the year in
Abdelhamid Hakkar's suit before the European Court of Human Rights
(ECHR) charging that the Government violated Article 5 of the European
Convention on Human Rights by keeping him in provisional detention for
5 years.
Omar Raddad, convicted of murder in 1994 and later pardoned by
President Chirac, submitted a motion for a retrial in 1999 after new
DNA evidence was discovered. On November 20, the Court of Revision
determined that there was insufficient evidence to merit either a
retrial or the annulment of Raddad's original conviction. Raddad stated
his intention to appeal to the ECHR.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Violations were
subject to effective legal sanction.
Wiretapping is recognized as a legal right of the Government. The
judge investigating the 1999 wiretapping cases deemed inappropriate by
the National Commission for the Regulation of Wiretapping (NCRWT)
presented his findings to the Paris public prosecutor's office in
February 2000; that office was considering the matter at year's end.
According to the 2001 report of the NCRWT, the number of requests for
administrative wiretaps increased from 3,161 in 2000 to 4,625 in 2001.
Some religious minorities have experienced problems with the
wearing of special religious clothing (see Section 2.c.).
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 generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press, including academic freedom. However, an 1881
press law that may be used to restrict freedom of expression remained
in force despite criticism from the ECHR.
The independent media was active and competitive and expressed a
wide variety of views without government restriction. Internet access
was widely available and unrestricted.
In June the ECHR found that the prosecution of two journalists
under the 1881 press law prohibiting insulting foreign leaders was
unjustified, and the court criticized the law as outdated. The ECHR
found that the Paris Court of Appeals interfered with the freedom of
expression of two journalists in its 1995 ruling that they had insulted
King Hassan II of Morocco. In a separate case, three African heads of
state invoked the same law in their suit against the author and
publisher of the book, ``Noir Silence.'' In 2001 a French court
dismissed the case on the grounds that the 1881 law restricted speech
in a manner incompatible with the European Convention on Human Rights.
The plaintiffs appealed, but in July, the Paris Court of Appeals
dismissed the case.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice. Regular demonstrations on various
issues occurred without incident.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The 1905 law on the separation of church and state prohibits
discrimination on the basis of faith. Minority religious groups
continued to be concerned about the possible impact of legislation
passed in 2001.
In order to receive tax-exempt status, religious groups must apply
with the local prefecture to be recognized as an association of worship
and disclose certain management and financial information.
The Government has encouraged public caution toward some minority
religious groups that it may consider to be cults. A 1996 parliamentary
commission report identified as so-called cults 173 groups, including
Jehovah's Witnesses, the Theological Institute of Nimes (an evangelical
Christian Bible college), and the Church of Scientology. Members of
some of the groups included in the list have alleged instances of
intolerance due to the ensuing publicity. The ``Interministerial
Mission in the Fight Against Sects/Cults'' (MILS) was formed in 1998 to
coordinate government monitoring of sects/cults. In February MILS
released its annual report on the monitoring of cults. The president of
MILS resigned in June under criticism and an interministerial working
group was formed to determine the future parameters of the Government's
monitoring of sects/cults. In November the Government announced the
formation of the Interministerial Monitoring Mission Against Sectarian
Abuses (MIVILUDES), which is charged with observing and analyzing sect/
cult movements that constitute a threat to public order or that violate
French law, coordinating the appropriate response, informing the public
about potential risks, and helping victims to receive aid. In its
announcement of the formation of MIVILUDES, the Government acknowledged
that its predecessor, MILS, had been criticized for certain actions
abroad that could have been perceived as contrary to religious freedom.
Religious organizations remained concerned about the June 2001
About-Picard law, which tightens restrictions on associations and
provides for the dissolution of groups, including religious groups,
under certain conditions. By the end of the year, no cases had been
brought under the new law. In November the Council of Europe passed a
resolution inviting the Government to reconsider the About-Picard law
and to clarify certain terms in it, stating that only the ECHR could
make a determination as to the law's compatibility with the European
Convention on Human Rights.
Some observers were concerned about the tax authorities' scrutiny
of the financial records of some religious groups. On February 28, the
Versailles Court of Appeals upheld a Nanterre court's 2000 decision
that the Jehovah's Witnesses must pay more than $47.5 million (45.7
million euros) in back taxes. The Jehovah's Witnesses, some branches of
which are not recognized as tax-exempt religious organizations, were
appealing the decision to the Court of Cassation at year's end.
In 2001 local authorities in La Rochelle and Lorient refused to
rent Jehovah's Witnesses public space for meetings, citing as a basis
for their decision the inclusion of the group in the 1996 parliamentary
report on sects. In February and May, administrative tribunals
overturned each city's decision, concluding that the parliamentary
report had no legal basis and that the cities could not refuse the
group access to public space.
In 2001 charges were filed against the Church of Scientology for
fraud and false advertising in a lawsuit brought by three former
members. In May the court found the Paris branch guilty of violating
the privacy of former members and fined it approximately $8,316 (8,000
euros); however, the branch was cleared of attempted fraud and false
advertising. The court fined the president of the Ile-de-France section
of the organization approximately $2,079 (2,000 euros). Church of
Scientology representatives reported that a case filed by a parent
whose child attended an ``Applied Scholastics''-based school remained
ongoing.
Foreign missionaries from countries not exempted from visa
requirements to enter the country must obtain a 3-month tourist visa
before leaving their own country. All missionaries who wish to remain
in the country longer than 90 days must obtain visas before entering
the country. Upon arrival, they must apply with the local prefecture
for a carte de sejour (a document that allows a foreigner to remain in
the country for a given period of time) and must provide the prefecture
a letter from their sponsoring religious organization.
Debate continues over whether denying some Muslim girls the right
to wear headscarves in public schools constitutes a violation of the
right to religious freedom. Various courts and government bodies have
considered the question on a case-by-case basis; however, there has
been no definitive national decision on this issue.
The State subsidizes private schools, including church-affiliated
schools. Central or local governments own and provide upkeep for
religious buildings constructed before the 1905 law separating church
and state.
During the year, some religious minorities experienced problems. In
the first half of the year, the number of anti-Semitic incidents
increased. Attacks ranged from graffiti and harassment to cemetery
desecration and firebombing, mainly as a result of increased tensions
in the Middle East. According to the press, the police reported
approximately 400 incidents from March 29 to April 17, with the most
serious occurring over the Easter-Passover weekend. French authorities
increased security for Jewish institutions, investigated the attacks,
and made arrests. Disaffected youths were apparently responsible for
many of the incidents.
In addition, several incidents occurred against members of the
large Arab/Muslim community, including incidents of harassment and
vandalism.
Scientologists continued to report cases of societal discrimination
during the year. Panda International software company claimed that
press reports in 2001 and critical statements by government officials
linking it to the Church of Scientology continued to cause a
significant loss in business.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The law provides 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 cooperated
with the U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees. The Government provides first
asylum. In 2001 the Government received 47,291 requests for asylum and
issued 7,323 refugee certificates (a document issued to successful
asylum applicants).
During the year, thousands of illegal immigrants massed in Calais,
in the north of France, and staged attempts to cross into Britain
through the trans-Channel rail tunnel connecting France and England.
These migrants were allowed to seek refuge in shelters and to apply for
asylum, but many refused and tried to enter the United Kingdom. In
November Sangatte, an overcrowded Red Cross refugee center in Calais
that was seen as a ``magnet'' for illegal migrants, was closed to new
occupants under a Franco-British accord. The accord also improved
security at the Channel tunnel. Sangatte was closed permanently in
December and its remaining occupants were granted asylum in either the
United Kingdom (1,000) or France (150). Asylum-seekers continued to
come to Calais to attempt to cross to the United Kingdom; finding
Sangatte closed, some slept in the streets, public buildings, and
churches. The Government required them to use other refugee centers in
the vicinity and to apply for asylum.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
There were 101 women in the 898-seat legislature and 10 women
ministers in the 38-member Cabinet. Of the 190 members of the Court of
Cassation, 74 were women. Thirty-five of France's 87 elected
representatives to the European Union (EU) Parliament were female. In
2001 a constitutional amendment was implemented requiring parties to
have equal numbers of women and men on their list of candidates or face
fines. The amendment had a more significant impact on municipal
elections than on national elections. As a result, the proportion of
women elected in municipal councils increased from 25 percent in 1995
to 50 percent in 2001. The percentage of towns with populations greater
than 3,500 that have female mayors grew from 5 percent in 1995 to 7
percent in 2001. The President and the Prime Minister continued
discussions on modernizing the country's political institutions,
including measures to encourage a greater number of women in political,
social, and public positions.
The citizens of the collective territory of Mayotte and the
territories of French Polynesia, Wallis and Futuna, and New Caledonia
determine their legal and political relationships to France by means of
referendums and, along with the overseas departments, they elect
deputies and senators to the French Parliament.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally operated without government restrictions,
investigating and publishing their findings on human rights cases.
Government officials were cooperative and responsive to their views.
The National Consultative Commission on Human Rights (NCCHR)--an
independent body in the Office of the Prime Minister--which has
nongovernmental as well as governmental members also monitored
complaints and advised the Government on policies and legislation.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Statutes ban discrimination based on race, sex, ethnic background,
or political opinion.
Women.--The Penal Code prohibits rape and spousal abuse, and in
general these laws were enforced; however, violence against women
remained a problem. The Ministry of Interior reported that in 2001
there were 9,574 rapes and 15,273 instances of other criminal sexual
assault; in 2001 there were 1,718 convictions for rape. The penalties
for domestic violence vary according to the type of crime and range
from 3 years' imprisonment and a fine of approximately $46,778 (45,000
euros) to 20 years in prison. The penalty for rape is 15 years in
prison, which may be increased due to other circumstances (such as the
age of the victim or the nature of the relationship of the rapist to
the victim). The Government sponsored and funded programs for women who
were victims of violence, including shelters, counseling, and hot
lines. Numerous private associations also assisted abused women.
On October 4, in the Parisian suburb of Vitry-sur-Seine, a 17-year-
old woman named Sohane, was burned to death in an attack by 19-year-old
Jamal Derrar. Derrar was taken into police custody on October 6 and was
awaiting trial at year's end. Although the killing was an isolated
incident, press reports and civil rights NGOs linked the incident to
the ``repressive atmosphere'' in some suburbs dominated by immigrants
from Arab countries. Some men in these suburbs reportedly intimidated
women whom they perceived as breaking with social norms. The Government
and NGOs have spoke out to condemn this behavior, which ranged from
verbal abuse to physical assault and rape. On October 14, President
Chirac announced the creation of an ``independent authority'' to combat
all forms of discrimination, especially that against women.
Prostitution is legal; acting as a pimp is illegal. Trafficking in
women for the purpose of sexual exploitation was a problem (see Section
6.f.). A government agency, the Central Office on the Treatment of
Human Beings (OCRTEH), addresses trafficking in women, prostitution,
and pimping.
The law prohibits sex-based job discrimination and sexual
harassment in the workplace. In January the Social Modernization Law
modified existing laws on sexual harassment to prohibit harassment by
colleagues as well as supervisors, to place on the employer the burden
of proof that discrimination did not take place, and to create a
mediation process to help workplaces address problems with harassment.
The law requires that women receive equal pay for equal work;
however, this requirement often was not implemented in practice.
Reports by various governmental organizations and NGOs have indicated
that men continued to earn more than women and that unemployment rates
continued to be higher for women than for men. The National Institute
of Statistics and Economic Studies reported that in 2002 the
unemployment rate for women was 10.1 percent, compared with 8.2 percent
for men.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded systems of public education and
medical care. The Ministry for Family Affairs oversees implementation
of the Government's programs for children.
There are strict laws against child abuse, particularly when
committed by a parent or guardian, and the Government effectively
prosecuted abusers. Child abuse was a problem, which the Government
took steps to address. In 2001 there were approximately 18,000 reported
cases of mistreatment (physical violence, sexual abuse, mental cruelty,
or severe negligence) of children, compared with 18,300 in 2000.
Approximately 5,900 of these cases involved reports of sexual abuse.
Special sections of the national police and judiciary are charged with
handling these cases. In 2001 there were 502 convictions for rapes of
minors under the age of 15 and 3,750 convictions for cases of sexual
assault against minors. In 2001 there were 7,961 convictions for cases
of violence, mistreatment, and abandonment of minors. The Government
provided counseling, financial aid, foster homes, and orphanages for
victims, depending on the extent of the problem. Various associations
also helped minors seek justice in cases of mistreatment by parents.
Trafficking in girls was a problem, which the Government took steps
to address (see Section 6.f.).
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services.
A 1991 law requires new public buildings to be accessible to
persons with disabilities; however, many older buildings and public
transportation were not accessible.
National/Racial/Ethnic Minorities.--Anti-immigrant sentiments led
to some incidents of violence and discrimination, including occasional
attacks on members of the large Arab/Muslim and black African
communities. The annual NCCHR report noted an increase in the number of
reported incidents of racist threats--163 threats were reported in
2001, compared with 129 in 2000; there were 38 incidents of racist
violence in 2001, compared with 30 in 2000. According to the report,
there were no deaths due to racist violence in 2001.
On October 4, two cafes frequented by North Africans in the
outskirts of Dunkerque were the targets of drive-by shootings. A 17-
year-old man was killed and three people were injured in the attacks.
The investigation remained ongoing at year's end.
The Government has criticized strongly such actions and attacks and
has strict antidefamation laws. Government programs attempted to combat
racism and anti-Semitism by promoting public awareness and bringing
together local officials, police, and citizen groups. There also were
antiracist educational programs in some public school systems.
During the year, the Government launched a campaign against racism
and worked with NGOs to sensitize people to the problems of racism and
discrimination through advertising campaigns, public service messages,
and reminders that racial discrimination is punishable by 2 years
imprisonment and a $31,185 (30,000 euros) fine. The campaign also
publicized the Government's free hot line to report discrimination. The
hot line, a joint project of the Ministry of Labor and the NGO Group
for Study and Combat of Discrimination (GELD), received over 86,594
calls between its debut in May 2000 and the end of May 2002.
On December 10, the French National Assembly voted unanimously in
favor of a new law to toughen penalties for crimes of a ``racist, anti-
Semitic, or xenophobic'' nature. The new law calls for harsher
sentences for perpetrators of ``physical or material violence committed
because of the victim's membership or nonmembership, real or supposed,
in an ethnicity, nationality, race, or specific religion.'' This law
would double the prison sentences and increase fines for racist
violence. The Senate is scheduled to consider the bill in 2003.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for freedom
of association for all workers, and workers exercised this right. Trade
unions exercised significant economic and political influence, although
less than 10 percent of the work force was unionized. Unions have
legally mandated roles (as do employers) in the administration of
social institutions, including social security (health care and most
retirement systems), the unemployment insurance system, labor courts,
and the Economic and Social Council, a constitutionally mandated
consultative body. Unions and labor federations were independent of the
Government, and most were not aligned with any political party;
however, many of the leaders of the General Confederation of Labor and
its unions belonged to the Communist Party.
The law strictly prohibits antiunion discrimination; employers
found guilty of such activity are required to correct it, including the
reinstatement of workers fired for union activities.
Unions were permitted to join federations and confederations,
including international bodies, and many did so.
b. The Right to Organize and Bargain Collectively.--Workers,
including those in the three small export processing zones, have the
right to organize and bargain collectively, and workers exercised this
right. The law requires at least annual bargaining in the public and
private sector on wages, hours, and working conditions at both plant
and industry levels but does not require that negotiations result in a
signed contract. In case of an impasse, government mediators may impose
solutions that are binding unless formally rejected by either side
within a week. If no new agreement can be reached, the contract from
the previous year remains valid. Over 90 percent of the private sector
work force was covered by collective bargaining agreements negotiated
at national or local levels. Trilateral consultations (unions,
management, and government) also take place on such subjects as the
minimum wage, the duration of the legal workweek, temporary work,
social security, and unemployment benefits. Labor tribunals, composed
of worker and employer representatives, were available to resolve
complaints.
The law requires businesses with more than 50 employees to
establish a works council, through which workers are consulted on
training, working conditions, profit sharing, and similar issues. Works
councils, which are open to both union and nonunion employees, are
elected every 2 years.
Workers, including civil servants, have the right to strike except
when a strike threatens public safety. One-fourth of all salaried
employees worked for the Government; however, the Ministry of Social
Affairs did not track the number of workdays lost to strike action in
the public sector. The number of workdays lost to strike action in the
private sector in 2001 decreased by 16 percent, and the number of
strikes fell by 26 percent.
Most unions did not call strikes during the first half of the year,
when public attention was focused on presidential and legislative
elections in April, May, and June. However, private physicians held a
series of 1-day strikes in the spring, seeking a government increase in
patients' fees per visit. Their demands were met after the new
government was installed. In late spring, the economy slowed and the
number of layoffs increased; strikes in the private sector during this
time remained uncommon. However, workers in the public sector called a
series of strike actions in the fall. Their principal concerns were a
de facto return to the 39-hour workweek, a reduction in the overall
number of civil servants, the end of guaranteed life employment
contracts, and the reform of the retirement system.
In September pilots at Air France went on strike demanding higher
pay and protested plans to partially privatize the airline. In October
40,000 utility workers staged a march to protest plans for layoffs and
decreased retirement benefits. The same issues concerned workers at the
public rail company.
In October 50,000 members of the education sector demonstrated to
protest the 2003 budget. In November truckers, air traffic controllers,
postal workers, driving test examiners, French telecom employees, and
the regional transport system employees staged various strikes. A rail
workers strike in the southwest of the country began on November 26 and
ended on December 11.
The law prohibits retaliation against strikers, strike leaders, and
union members, and in general the Government effectively enforced this
provision.
The Constitution's provisions for trade union rights extend to the
country's overseas departments and territories.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports
that such practices occurred (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--With a few exceptions for those enrolled in certain
apprenticeship programs or working in the entertainment industry,
children under the age of 16 may not be employed. In general, work
considered arduous, or work between the hours of 10 p.m. and 5 a.m.,
may not be performed by minors under age 18. Laws prohibiting child
employment were enforced effectively through periodic checks by labor
inspectors, who have the authority to take employers to court for
noncompliance with the law.
e. Acceptable Conditions of Work.--The administratively determined
minimum wage is revised whenever the cost-of-living index rises two
percentage points. This year it was $7.10 (6.83 euros) per hour. This
wage represented the maximum rate of a multi-step minimum wage scale,
which was created to lower the burden of the 35-hour workweek for small
and medium sized companies. The minimum wage provided a decent standard
of living for a worker and family.
The new center-right government introduced legislation to revise
the laws on working conditions. The legal workweek was 35 hours. In
September the Labor and Social Affairs Minister presented a plan to
raise the annual overtime ceiling from 130 to a maximum of 180 hours
(depending on the employment sector); the plan went into immediate
effect and allowed a de facto return to the 39-hour workweek.
The Ministry of Labor has overall responsibility for policing
occupational health and safety laws. Standards were high and
effectively enforced. The law requires each enterprise with 50 or more
employees to establish an occupational health and safety committee.
Over 75 percent of all enterprises, covering more than 75 percent of
all employees, have fully functioning health and safety committees.
Workers have the right to remove themselves from dangerous work
situations.
f. Trafficking in Persons.--The law prohibits the trafficking of
persons; however, trafficking in women and girls for prostitution and
domestic slavery was a problem.
In January the Government passed a bill to eliminate human
trafficking. The law creates a specific infraction in the penal code
focused on trafficking in persons.
Prostitution is legal; however, the law prohibits pimping,
including aiding, assisting, maintaining, or profiting from the
prostitution of another, and the public solicitation of another person
for the purpose of inciting sexual relations also is illegal. Pimps and
traffickers usually were prosecuted under these laws. Aiding, abetting,
or protecting the prostitution of another person; obtaining a profit,
sharing proceeds or receiving subsidies from someone engaged in
prostitution; or employing, leading, corrupting, or pressuring someone
into prostitution are punishable by up to 5 years in prison and a fine
of up to approximately $145,530 (140,000 euros). Penalties increased to
a maximum of 10 years in prison and approximately $1.46 million (1.4
million euros) if a minor or several persons are involved, or if force
is used. Pimping by organized groups is punishable by up to 20 years in
prison and a fine of up to $2.9 million (2.8 million euros). The use of
``torture'' or ``barbarous acts'' in the course of pimping is
punishable by up to life imprisonment and up to $4.37 million (4.2
million euros) in fines. These laws were enforced to various degrees;
there also are strict laws combating trafficking in persons as it
relates to domestic slavery. Slavery is punishable by up to 2 years'
imprisonment and $73,800 (71,000 euros). When the crime applies to more
than one victim, punishments increase to 5 years' imprisonment and
$145,530 (140,000 euros) in fines.
The Government used existing legislative tools to further combat
prostitution and trafficking networks. One set of laws targets the
client; the other targets the prostitute. Soliciting sex from a
prostitute is a minor offence subject to a fine; however, legislators
under pressure from the Minister of Interior moved to categorize this
behavior as a crime. The second tool being used to combat prostitution
is to charge the client with the offense of ``sexual exhibition''
(engaging in sexual behavior in public). Prostitutes may also be
prosecuted for touting sex or ``sexual exhibition.'' Constituents
criticized mayors of large cities including Strasbourg, Bordeaux, and
Lyon for the highly visible prostitution in those cities; as a result,
the local governments moved prostitutes away from the city centers,
schools and public institutions by invoking a police decree against
stationing prostitutes within city limits.
In March new laws that target clients of child prostitutes took
effect. They prohibit solicitation of sex with a minor in exchange for
money and make this a crime punishable by up to 10 years in jail and a
maximum fine of $207,900 (200,000 euros). In July two men were charged
in separate cases after being caught by authorities with Romanian child
prostitutes, but judgements had not been rendered by year's end. In
October a man in Bordeaux was convicted for sexual relations with a
child prostitute and required to pay $260 (250 euros) of the $1,040
(1,000 euros) fine originally imposed.
Several law enforcement agencies were involved in the effort to
combat trafficking. OCRTEH was under the authority of the central
criminal investigation directorate of the police judiciare, which
handled organized crime. OCRTEH centralized information and coordinated
operations to counter trafficking and maintained contacts with the
police, the Gendarmerie, the border police, foreign and international
law enforcement authorities, and NGOs. Regional services of the police
judiciare also combat trafficking, and the police judiciare had
brigades to combat pimping in Paris and Marseille. Local police forces
also addressed problems of prostitution and pimping.
The Government regularly cooperated on a bilateral basis or with
international institutions such as Europol to investigate, track, and
dismantle trafficking rings. In early October, a multinational
operation dubbed ``Girasole'' (Sunflower) led to 80 arrests and the
dismantling of a major trafficking network that operated out of the
Ukraine, but was also present in France, Spain, Germany, and Austria.
In July 2001, police broke up a human trafficking ring involving at
least 12 non-French traffickers operating from a refugee center in
Calais, where they were accused of trafficking people through the
Channel tunnel to the United Kingdom (see Section 2.d.). In January the
court in Boulogne sentenced the primary organizers to periods ranging
from 4 to 6 years in jail. The other members of the ring were given
shorter sentences.
The country was a destination for trafficked victims, primarily
women from Moldova, Ukraine, and Romania. Women were also trafficked
from Haiti and Africa, particularly Nigeria, Togo, and the Democratic
Republic of the Congo. The number of women trafficked from the former
Soviet Union, Eastern Europe, and the Balkans increased and received
increased press attention. In general victims were trafficked into
sexual exploitation or domestic slavery. In addition, the country was a
transit point for women trafficked for sexual purposes from South
America and Eastern and Southern Europe.
NGOs estimated that there were between 3,000 and 8,000 child
prostitutes in the country. The majority were brought in illegally and
exploited by organized crime networks. Most were between 15 and 18
years old; however, some were as young as 10 years old. The girls were
primarily trafficked from Eastern Europe (Albania, Kosovo, Ukraine,
Bulgaria, Russia, and the Czech Republic) and West Africa (Sierra
Leone, Nigeria, Ghana, and Cameroon). The country was also a
destination for trafficked Romanian children, many of Romani descent.
These children have traditionally been widely used by their handlers as
beggars and thieves throughout the country. Many of these child
thieves/beggars increasingly turned to prostitution. In October
Minister of Interior Sarkozy and the Romanian Minister of Foreign
Affairs signed an agreement that would return Romanian children and
prostitutes illegally in France to Romania. The first deportations
under this agreement took place in December.
There were organized rings of traffickers, primarily from southeast
Europe, and the number of young women, often between the ages of 16 and
19, brought into the country to work as prostitutes continued to
increase. Many women and girls were resold from one network to another,
and the open borders under the Schengen Accords made it difficult for
police to monitor and count them. During the year, officials estimated
that the prostitution trade had increased by 30 percent since 1997.
Police estimated that of the 12,000 to 15,000 women prostitutes who
worked in France, as many as 90 percent were forced into the trade by
``micro-trafficking networks.'' Some victims came as a result of fraud
or force; some were brought by a friend, or a friend of a friend;
others had worked as prostitutes in their home countries and were
willing to continue the practice to pay for their immigration papers.
Traffickers used methods ranging from the confiscation of the victim's
identification papers to cultural isolation to physical or
psychological abuse.
In September media reports stated that Nigerian organized crime
groups were taking over the African prostitution market in the country.
The traditional African ``mamas'' and their volunteer prostitute
networks were being forced out in favor of a more strictly controlled
sexual slave trade. The articles claimed that African prostitutes
constituted 35 percent of all prostitutes in the country, surpassing
the number of prostitutes from Eastern Europe (25 percent). The influx
of new women exacerbated turf wars between the different organized
crime groups operating the trafficking networks in the country.
Aide Sociale a l'Enfance (ASE), the national social services branch
for childcare, was responsible for caring for and assisting victims
under the age of 22. The Government had no specific protection programs
in place for trafficking victims. Those victims located or arrested by
the authorities normally were processed as illegal immigrants and may
be detained or jailed. Trafficking victims may be granted temporary
residency while they apply for asylum. Victims were encouraged to file
legal action against traffickers. The Government worked closely with
other countries and NGOs to combat trafficking. The Government
supported trafficking prevention programs as part of the EU, including
information and media campaigns, seminars, and a trafficking prevention
project in West Africa. ASE worked closely with the Office for the
Protection of Refugees and Stateless Persons. The Committee Against
Modern Slavery brought cases of domestic and modern slavery to the
authorities for prosecution.
Numerous NGOs dealt with trafficking in persons and prostitution.
The Parada Association worked towards integrating Romanian child
beggars and prostitutes into society. The Scelles Foundation, which had
a center for international research and documentation of sexual
exploitation, provided information to the media on the issue and
supported other associations in the country and around the world. The
NGO L'Amicale du Nid worked directly with prostitutes.
----------
GEORGIA
The Constitution provides for an executive branch that reports to
the President and a legislature. The President appoints ministers with
the consent of Parliament. Local and municipal elections were held in
June. The elections were marred by irregularities that prevented some
eligible voters from participating. International observers criticized
the election, citing hasty and poor organization by authorities and
inaccurate voter registers. Lengthy recounts prevented the Tblisi city
council from convening until November. The 2000 elections in which
Eduard Shevardnadze was reelected to a second term as President were
also criticized by international observers. Parliamentary elections in
1999 were characterized by the Organization for Security and
Cooperation in Europe (OSCE) as a step toward the country's compliance
with OSCE commitments. The civil war and separatist wars that followed
the 1992 coup ended central government authority in Abkhazia and South
Ossetia, and weakened central authority in the autonomous republic of
Ajara and elsewhere in the country. The Constitution provides for an
independent judiciary; however, the judiciary was subject to executive
pressure.
The Ministry of Internal Affairs (MOIA) and the Prosecutor
General's office had primary responsibility for law enforcement, and
the Ministry of State Security played a significant role in internal
security. In times of internal disorder, the Government could call on
the MOIA or the military. Elected civilian authorities did not maintain
effective control over the law enforcement and security forces. Members
of the security forces committed a number of serious human rights
abuses.
Government efforts to develop a market-based economy were stifled
by corruption and mismanagement. The country has a total population of
approximately 4.4 million which represented a steep decline in
population since the 1990 census. Key exports were scrap metal,
manganese, wine, mineral water, and agricultural products. Agriculture
represents approximately 19 percent of gross domestic product (GDP),
and GDP during the first 6 months of the year increased 4.2 percent to
$1.6 billion (3.4 billion GEL). Official data indicated that
approximately 53 percent of the population lived below the poverty
level. There was a growing fiscal deficit due to continued low revenue
collection. Government salaries and pensions remained in arrears.
The Government's human rights record remained poor; although there
were a few improvements, serious problems remain. Numerous serious
irregularities in the 1999, 2000, and June elections limited citizens'
right to change their government. Numerous nongovernmental
organizations (NGOs) reported that police brutality continued. Security
forces continued to torture, beat, and otherwise abuse detainees.
Corruption in law enforcement agencies was pervasive. NGOs also blamed
several deaths in custody on physical abuse, torture, or inhumane and
life-threatening prison conditions. Arbitrary arrest and detention
remained a problem during the year. The Government took no concrete
steps to address these problems, and lack of accountability remained a
problem. The judiciary was subject to pressure and corruption and did
not ensure due process. Reforms to create a more independent judiciary
were undermined by failure to pay judges in a timely manner. There were
lengthy delays in trials and prolonged pretrial detention remained a
problem. Law enforcement agencies and other government bodies
occasionally interfered with citizens' right to privacy. The press
generally was free; however, occasionally security forces and other
authorities intimidated and used violence against journalists.
Journalists practiced self-censorship. Government officials infringed
upon freedom of religion. The Government continued to tolerate
discrimination and harassment of some religious minorities. Violence
and discrimination against women were problems. Trafficking for the
purpose of forced labor and prostitution was a problem. Georgia was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as an observer.
Internal conflicts in Abkhazia and South Ossetia remained
unresolved. Ceasefires were in effect in both areas, although sporadic
incidents of violence occurred in Abkhazia. These conflicts and the
problems associated with approximately 270,000 internally displaced
persons (IDPs) from Abkhazia, 60,000 from South Ossetia, and 3,900
refugees from Chechnya, posed a continued threat to national stability.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings by government agents.
There were 34 deaths in custody; security force abuses reportedly
contributed to several of these deaths.
During the year, there were 31 deaths in prison attributed to
suicide, disease, or sickness (see Section 1.c.).
Killings were committed by elements on both sides of the separatist
conflict in Abkhazia, including partisan groups and forces of the
Abkhaz separatist regime. The most recent serious outbreak of
hostilities between armed groups took place in 2001 and resulted in the
deaths of approximately 60 members of armed groups and 21 civilians.
Killings and other abuses on both sides of the conflict were not
investigated, prosecuted, or punished adequately. During the year, the
Government criticized these partisan groups, but took no concrete
action to curtail their activities, particularly those of Davit
Shengelia, the leader of the partisan organization Forest Brothers.
Both government and Abkhaz forces laid tens of thousands of
landmines during the 1992-93 fighting. There were numerous reports in
1999 and 2000 that groups from the country, allegedly linked to the
Government, infiltrated Abkhazia and laid antipersonnel mines. There
was a reduction in landmine casualties during the year due to migration
out of the area and to the activities of landmine clearing
organizations such as the Halo Trust.
b. Disappearance.--Partisan groups active in Abkhazia engaged in
criminal activity and frequently took hostages to exchange for captured
compatriots. Abkhaz and government officials agreed on joint law
enforcement efforts to prosecute kidnapers and other criminals that
could threaten to destabilize the ceasefire. During the year, there
also were many instances of kidnaping for ransom elsewhere in the
country, which included both local and foreign citizens. The MOIA
reported 15 cases of kidnaping in the first half of the year and stated
that investigations had resulted in charges for 9 of these cases. There
was widespread speculation that corrupt law enforcement officials were
involved in some of these kidnapings. Many citizens, including some
members of Parliament, alleged publicly that senior law enforcement
officials were involved in kidnapings for ransom. Kidnaping of
foreigners continued.
On June 19 in Tbilisi, persons in police uniforms kidnaped banker
Peter Shaw, a British citizen, from his car. The Minister of State
Security publicly announced that the identities of Peter Shaw's
kidnapers were known to the authorities and alleged Interior Ministry
officials were involved in the abduction. The Minister of State also
publicly confirmed the possible involvement of government officials in
the kidnaping. Shaw escaped on November 6; an investigation into the
kidnaping was underway at year's end.
Government and Abkhaz commissions on missing persons reported that
over 1,000 Georgians and several hundred Abkhaz remained missing as a
result of the 1992-1994 war in Abkhazia (see Section 1.g.). Officials
agreed to joint efforts to determine their location and repatriate the
remains of the dead. The International Committee of the Red Cross
(ICRC) assisted this effort.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however,
according to the U.N. Human Rights Committee (UNHRC), members of the
security forces continued to torture, beat, and otherwise abuse
prisoners and detainees, usually to extract money or confessions.
International and domestic observers noted that incidents of police
abuse increased following the 2000 presidential elections. Serious
abuses and police misconduct, such as the fabrication or planting of
evidence, remained problems. During the year, there were several cases
of police officers brought to trial, dismissed, or demoted for abuses;
however, impunity remained a problem. According to human rights
observers, many police appeared to believe that they would not be held
accountable for such actions.
Government officials acknowledged that MOIA personnel in the past
routinely beat and abused prisoners and detainees. Government officials
cited a lack of proper training, poor supervision of investigators and
guards, and a lack of equipment as contributing to the continuation of
these practices in law enforcement facilities. After law enforcement
agencies expressed concern that the safeguards contained in the new
Criminal Procedures Code would make it difficult for them to combat
crime, amendments made to the code in 1999 and 2000 reinstated many of
their powers (see Section 1.e.). These amendments stripped away
detainees' right to file complaints about abuse with the courts rather
than with the prosecutor's office.
Human rights advocates reported that allegations of the use of
torture, such as electric shock, to extract money or confessions
continued during the year. Throughout the year, Human Rights Watch
(HRW) reported that mistreatment and physical abuse of detainees was a
major problem. However, some observers noted that when the Ministry of
State Security (as opposed to the MOIA) managed an investigation,
allegations of physical abuses were rare.
On January 29, police detained and severely beat Aleksander
Lichelli in Gori. His attorney intervened with the Public Defender on
February 4. A medical examination of Lichelli confirmed extensive
scarring and wounds including the pulling out of four nails on his left
hand. Lichelli was released only upon the intervention of the Public
Defender's Office, which continued to investigate the case at year's
end.
In May the Public Defender's police officers with the Mtatsminda-
Krtsanisi police department in Tbilisi occasionally beat and
systematically extorted money from 15-year-old D. Asaturov and his
family while periodically detaining him during the past two years in
Tbilisi #5 prison. Police started harassing the family when they
attempted to extract bribes from the boy's parents in exchange for not
registering a minor offense. On two occasions the officers penetrated
the family's apartment, beating Asaturov and demanding more payments.
On March 12, the police officers again burst into the Asaturovs'
apartment, beat the minor, and assaulted his mother. A medical
examination of Asaturov initiated by the Public Defender's Office
documented a concussion to the brain, bruises to the ear, and loss of
consciousness. The prosecutor's office started criminal proceedings
against the two police officers for extortion.
The most serious incidents of abuse occurred during pretrial
detention when suspects were interrogated by police. Human rights
observers and lawyers noted that abuses occurred more frequently at the
time of arrest and in police stations, rather than in pretrial
detention facilities, and noted that a growing number of confessions
were made in police stations. According to human rights observers,
those who suffered such abuse were held routinely for lengthy periods
in pretrial detention to give their injuries time to heal (see Section
1.e.). HRW reported that, in January and February, 44 detainees
transferred into pretrial detention centers from police stations bore
fresh injuries. During a Council of Justice meeting on July 8, the
Minister of Justice Roland Giligashvili acknowledged that detainees
were brought from preliminary detention cells to the penitentiaries of
the Ministry of Justice with various types of injuries. During the
year, the Ministry of Justice recommended 39 cases of beatings in
preliminary detention to the Prosecutor General for investigation, but
the Prosecutor General's office reportedly investigated only 4 cases by
year's end.
Police often claimed that injuries were sustained during or before
arrest. Police agents within the prison population also allegedly
committed abuses in pretrial detention facilities.
To counter incidents of torture and abuse by police officials, the
Public Defender's Office (also known as the Human Rights Ombudsman)
instituted a rapid reaction group in January with the support of the
OSCE. This pilot project had the mandate to provide immediate response
to all claims of human rights violations during the most critical
phase, the first 72 hours of a person's detention. In a May press
conference, the Ombudsman reported that the Rapid Reaction Group had
registered 97 cases of human rights violations since December 2001, of
which all but 8 required immediate reaction.
The Rapid Reaction Group was instrumental in initiating the
dismissal of three police officers of the Didube-Chughureti police
station in Tbilisi. These officers had detained minor Vakhtang
Mamuliani for theft at a photo store in January. According to a
witness, police severely beat and threatened to rape Mamuliani during
his detention. In addition, Mamuliani's transfer to the police station
was not properly registered, limiting the ability of third parties to
verify his arrest. The Rapid Reaction Group's work was noted in the
U.N. Human Rights Committee's annual review, which criticized overall
human rights practices and prisoner treatment in the country.
The cases of David Sturua and Dimitry Romanov--whom police
reportedly tortured in 2000 and 2001 respectively--were closed during
the year with no charges brought against the police.
In the past, security forces tortured defendants in politically
sensitive cases, such as those involving members and supporters of the
former Gamsakhurdia government and members of the paramilitary
Mkhedrioni (see Section 1.e.). Local human rights observers alleged
that abuses continued to occur in two pretrial detention facilities:
Isolator Five in Tbilisi and the pretrial facility in Kutaisi.
Detainees suspected of serious crimes or whose cases had political
overtones were incarcerated in Isolator Five, located in the basement
of the MOIA. As a condition of membership in the Council of Europe,
Isolator Five officially was closed in January 2000; however, domestic
human rights organizations claimed the facility remained open and
served the same function, only under a different name. According to
local human rights observers, many detainees in Isolator Five reported
beatings and abuse despite calls for investigators to show restraint.
Often the threat of incarceration in this facility was sufficient to
induce confession or extortion.
Unlike in previous years, there were no reports of security forces
beating and raping prostitutes, although victims often did not report
these incidents.
There were no reports of security forces beating members of
religious minorities as in past years (see Section 2.c.).
On September 27, over 20 police officers allegedly entered a local
television station and beat employees, destroyed equipment, and
threatened a correspondent's family after an expose on police
involvement in smuggling gasoline to the separatist region of Abkhazia.
Following an internal police investigation, the deputy police chief was
dismissed (see Section 2.a.).
In June family members reported the unexplained detention of
Tbilisi resident Giga Bitsadze by officers from the Didube-Chugureti
police department in Tbilisi. Police officers beat Bitsadze to the
point of hospitalization. A member of the Public Defender's Rapid
Reaction Group intervened in the case. A criminal case was opened and
in the prosecutor's office at year's end.
On July 31, a police officer shot and wounded a 12-year-old boy
during a dispute with a vendor at an open-air market in Tbilisi. The
officer intervened in the dispute. When the boy refused to accompany
the officer to the police station, the officer shot him twice. The
Inspector General's Office of the MOIA and the prosecutor's office was
investigating the case at year's end.
Despite an overall culture of impunity, some policemen were
arrested or administratively disciplined in high-profile cases of
physical abuse or deaths in custody. In the first 8 months of the year,
209 cases against MOIA employees were sent to the Prosecutor General's
office for investigation, which resulted in the opening of criminal
cases against 31 persons. This represented a large increase from last
year. Of these 31 persons, 4 MOIA employees were placed in pretrial
detention. During the same time period, 82 MOIA employees were fired
for disciplinary violations and 57 employees were demoted. In general
officers were held accountable for abuses only in extreme cases and
changes to the Criminal Procedures Code weakened a detainee's ability
to substantiate claims of such abuses (see Section 1.e.). Many
observers claimed that prosecutors frequently were reluctant to open a
criminal case against the police or they closed a case for lack of
evidence. Human rights NGOs also believed that many instances of abuses
go unreported by victims due to fear of reprisals or lack of confidence
in the system. In May the MOIA submitted draft Ethical Standards for
the Georgian Police that entered into force during the year. Human
rights groups welcomed the initiative, but noted that a culture of
corruption could undermine officers' ability to observe the
stipulations of the draft document.
The Ministry of Justice (MOJ) implemented a system to provide for
medical examinations of prisoners transferred from police stations to
pretrial detention facilities in order to document injuries that may
have occurred while in police custody and to establish baseline medical
condition information for each prisoner that could be used in cases
where abuse in prison is alleged. Injuries consistent with abuse were
documented and reported to the MOJ authorities, who in turn reported
this to the MOIA for investigation.
Parliament's Committee on Human Rights and Ethnic Relations and
local human rights groups independently investigated claims of abuse.
There was a significant increase in the number of claims filed;
however, many claimants failed to follow through after filing,
allegedly due to fear. The Committee noted that since the presidential
election in 2000, claims shifted from requests for economic assistance
to complaints about mistreatment and violations by the police and the
prosecutor's office and the failure of the prosecutor's office to
pursue criminal investigations of alleged violators.
Human rights observers expressed concern that corruption was
related to the large number of police officers nationwide. According to
the MOIA, there were 13,881 police officers in 2000; however, NGOs
estimated there were closer to 35,000. The MOIA claims a figure of
29,500 officials, the number also cited by the Ministry of Finance, but
insists that this includes various departments, such as fire and
emergency units, which do not serve a policing function. The Government
has not consistently paid the salaries of police officers; consequently
police solicited bribes from the general population, particularly
motorists, and also from suspects detained on suspicion of criminal
activity (see Section 1.d.).
The MOJ was responsible for overall administration of the prison
system; however, the law permits MOIA personnel to continue to staff
the facilities. The MOIA maintained several of its own cells in various
prisons. Other legislation permits the MOIA to conduct investigations
without judicial approval among inmates to gather evidence for trials.
Observers noted little change in prison conditions; however, advocates
noted an improvement in access for family members and telephone
privileges since the transfer.
According to the U.N. and many NGOs, including HRW, prison
conditions continued to be inhumane and life threatening. Prison
facilities remained unsanitary, overcrowded, and understaffed and were
in desperate need of repair. Most prison facilities lacked proper
ventilation, plumbing, lighting, waste disposal, or sanitary medical
facilities. Regional penitentiaries and pretrial detention facilities
were without electricity for months. Guards and prison staff were not
paid in a timely manner, if at all. According to human rights observers
and government officials, the problem was exacerbated by the transfer
of responsibility for prison administration to the MOJ before it was
prepared to assume these responsibilities. Overcrowding remained a
major problem; however, some facilities, such as in Zugdidi, were at
only 50 percent capacity, while Tbilisi facilities sometimes had 16 or
more persons to a cell typically designed for 10 to 12 persons. During
the first 8 months of the year, 133 people were pardoned and 450 cases
were under review by the pardoning commission. Abuse and extortion of
prisoners and detainees by prison staff continued.
On April 9, the UNHRC, in its review of the country's compliance
with the International Covenant on Civil and Political Rights, cited
systemic problems with the criminal justice and prison systems and
continued widespread use of torture and arbitrary detention by police.
In issuing recommendations for improving the country's treatment of
detainees and prisoners, the Committee requested the Government to
report on progress in addressing its specific concerns within 12 months
rather than waiting for its third periodic report scheduled for 2006.
In 2001 former Justice Minister Saakashvili attempted to address
overcrowding in the country's prisons by accelerating the construction
of a new prison facility in Rustavi near Tbilisi. The new facility,
which opened in 2001, could hold 1,200 prisoners and had larger cells
and modern conveniences. While the new prison should help to alleviate
overcrowding, conditions in other facilities had not significantly
improved. While Justice Minister, Saakashvili fired some corrupt
administrators, released some inmates to reduce overcrowding, and took
steps to create a prison inspection system that would include NGO
participation; however, Saakashvili resigned in 2001 and was
subsequently elected to Parliament. Since his resignation, some corrupt
administrators have been rehired, access to prisons for the independent
public oversight council of the MOJ sometimes has been limited, and the
council's recommendations have been implemented only sporadically.
The prison mortality rate reportedly improved; however, human
rights NGOs claimed that authorities kept the official rates
artificially low by releasing prisoners who were terminally ill or by
sending prisoners to the hospital when they were dying. Observers
claimed deaths of prisoners without families usually went unreported.
During the year, there were 34 registered deaths in prison, a large
proportion of which were attributed to tuberculosis. According to the
ICRC, tuberculosis was widespread in the prison system; in cooperation
with the MOJ, the ICRC has treated nearly 2,000 infected prisoners
since 1998.
Observers reported an increase in violence among prisoners,
sometimes resulting in deaths. The increase was attributed to the
insufficient and demoralized guard staff. One observer stated that the
failure to pay guard staff and the loss of promotion possibilities due
to the penitentiary reform created a staffing problem. Some human
rights groups claimed that rape by inmates or prison guards was common.
On August 29, Nugzar Mestopashvili, who earlier that day escaped
from the Rustavi penitentiary, presented himself at the studios of
television station Rustavi 2 in Tbilisi. In a live broadcast, he
decried inhumane treatment at the Rustavi prison. Mestopashvili said
supervisors and other prisoners systematically beat him to the point of
forcing his escape. He threatened to commit suicide if he was returned
to the Rustavi penal colony and expressed readiness to complete his
remaining sentence at any other facility except the Rustavi prison.
Attempted suicides and self-mutilation occurred in prisons as
protests against declined prison conditions or human rights violations.
There were also sporadic hunger strikes by prisoners to protest poor
conditions, visitor limitations, and the perceived arbitrary parole
policy of the Government.
The MOJ took steps to reform prison administration and conditions.
In April the Minister of Justice Giligashvili dismissed 25 prison
system employees for losing control of a situation that resulted in the
April killing of two prisoners and the escape of another at the Avchala
9 and Rustavi 2 penal institutions in one month. The Minister
acknowledged systemic problems in the penitentiary system, but said
that many violations were the result of poor and incompetent management
that could be avoided if prison officials did not attempt to hide
transgressions by corrections officers or other prison managers. The
Chair of the Parliamentary Committee for Human Rights Elene Tevdoradze
also demanded employees at the Avchala penitentiary and the MOJ
Department for Punishment involved in the deaths of two prisoners be
brought to justice. In the string of incidents, Zurab Gogberashvili, a
former policeman convicted of murder, was severely beaten in a mass
brawl and killed with a self-made knife. Earlier the same month,
another prisoner at the Avchala penitentiary died in an explosion of a
self-made device. In November a prisoner was shot and killed by another
inmate who had smuggled a pistol inside the prison.
In May a delegation of the Council of Europe advising a Co-
ordinating Council for Penitentiary System Reform expressed
satisfaction with some progress in the course of the reforms. The
delegation concluded that the situation in the penitentiary system had
substantially improved over the last year while acknowledging that
serious problems remained. The Council of Europe delegation submitted
recommendations to the MOJ focusing on psychological care for long-term
prisoners and regular inspection of the penitentiary facilities.
Other reform steps included the May opening of a special section
for juvenile offenders at the Avchala facility with a capacity of 110
spaces. The specially renovated facility includes classrooms, sports
grounds, meeting rooms, and a medical section. Twenty-six juvenile
offenders were transferred from the Khoni prison colony to the Avchala
facility.
Men and women were held separately. Juveniles were usually
separated from adults; however, at times they were held together in
pretrial detention. Pretrial detainees were often kept with convicted
prisoners due to overcrowding.
The ICRC had full access to detention facilities, including those
in Abkhazia, and access included private meetings with detainees and
regular visits. The OSCE reported bureaucratic delays but no serious
problems in obtaining access to prisoners or detainees; however, local
human rights groups reported increasing difficulty in visiting
detainees, particularly in cases with political overtones.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arrest and detention; however, authorities frequently
disregarded these provisions. The Constitution provides for a 9-month
maximum period of pretrial detention, mandates court approval of
detention after 72 hours, and imposes restrictions on the role of the
prosecutor (see Section 1.e.). These amendments generally were
observed; however, prosecutors maintained undue influence over criminal
procedures.
Judges issue warrants and detention orders, and by law, suspects
must be charged within 3 days. Judges may extend pretrial detention by
3-month intervals up to 9 months. NGOs stated that the amendments to
the old Soviet Code (maximum 18 months detention) made the pretrial
detention period less arbitrary; however, international and domestic
observers noted that such detention usually was longer--sometimes up to
2 years--because this protection routinely was interpreted to include
only the prosecutor's investigative period, not the defense's
investigative period. Police frequently detained persons without
warrants. There was no bail system available to detainees. As of
September, there were 7,343 persons in custody, of which 5,133 were
convicted and 2,210 were in pretrial detention.
In 1999 Parliament approved a new Criminal Code and other
legislation that contained constitutional protections and restricted
the powers of the Prosecutor General (see Section 1.e.). Following
enactment of the new Criminal Code, the Criminal Procedures Code was
amended substantially. A number of amendments sought to harmonize the
Criminal Procedures Code with the Criminal Code; however, several
amendments significantly weakened protections against arbitrary arrest
and detention. Specifically the changes imposed severe restrictions on
a detainee's access to the courts in the pretrial period. Before these
amendments were enacted, a defendant could complain directly to the
court prior to a trial regarding abusive actions committed by the
police or the Prosecutor General's office during a criminal
investigation and could request medical examination; however, under the
amended provisions, a defendant could file a complaint of abuse only
with the Prosecutor General's office. The Prosecutor General's decision
could not be appealed to the courts. NGOs claimed that this regulation
hindered their ability to substantiate police misconduct because of the
close ties between the Prosecutor General's office and the police. A
2001 amendment to the criminal procedure code reinstated the right of a
witness to be accompanied by a lawyer when being questioned by the
police. The police could hold a witness for 12 hours without being
charged. Police frequently charged witnesses as suspects at the end of
this period. HRW reported in 2000 that police often called a detainee's
lawyer as a witness, thereby denying him access to his client.
Detainees had difficulty obtaining objective medical examinations
in a timely manner. If a medical examination is not conducted within 3
to 4 days of an incident, it is difficult to establish the cause of
injuries. Only a state-employed forensic medical examiner, which in
most cases was an employee of the Ministry of Health's Judicial Medical
Expert Center, could testify about injuries. Human rights advocates
routinely criticized the state forensic examiners as biased in favor of
the Prosecutor General, and stated that permission for an independent
forensic medical examination rarely was granted.
Police often failed to inform detainees of their rights and
prevented them access to family members and lawyers. Some observers
charged that police also conducted interrogations in apartments outside
police stations to avoid registering detainees. While officially
suspects were charged within 3 days of registration, observers claimed
that police frequently delayed registering detainees for long periods
in order to seek bribes; according to international and domestic
observers, at times the police attempted to extort money from suspects
in exchange for not registering an arrest. Police reportedly approached
suspects' families and offered to drop charges in exchange for a bribe.
Correct legal procedures were observed more often once a detainee was
charged and registered formally.
In a move to address torture, amendments to the criminal procedure
code granting witnesses the right to legal counsel were implemented
during the year. However, this right was only occasionally observed in
practice. It was common police practice to label detained suspects as
'witnesses' in order to deny them access to a lawyer.
The criminal procedure code calls for detainees to be charged
within 72 hours. However, Ministry of Justice figures for 2001 showed
that for the Tbilisi pretrial detention center, 493 detainees were
registered in violation of the 72-hour deadline. The most serious
incidents of police abuse occurred in the investigative phase of
pretrial detention when police interrogated suspects (see Section
1.c.).
Authorities often held prisoners who were tortured and abused in
police stations and pretrial detention for lengthy periods in order to
give their injuries time to heal (see Sections 1.c. and 1.e.).
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary often did not
exercise full independence, and judicial impartiality was limited.
While 1999 judicial reforms resulted in the appointment of some better
qualified judges, observers agreed that judicial authorities continued
to experience pressure from the executive branch and powerful outside
interests. Several observers have questioned the sustainability of a
reformed judiciary without reform of law enforcement institutions.
Human rights organizations, including HRW, alleged that investigators
sometimes planted or fabricated evidence and extorted confessions in
direct violation of the Constitution. Judges were reluctant to exclude
evidence obtained illegally if the Prosecutor General objected. Courts
continued to convict on the strength of confessions that may have been
extracted under torture. The state continued to prevent defendants from
obtaining and presenting forensic evidence of torture to the courts
through procedural restrictions and by not licensing nongovernment
forensic doctors.
Other results of the judicial reform effort were inconclusive.
Judicial incompetence and corruption, including the payment of bribes
to judges, still were problems. Although there were reports by several
trial attorneys and local NGOs in Tbilisi that some cases were being
handled in a more expeditious manner since reforms, progress outside of
Tbilisi was not as marked. Observers commented that although judges
were better educated, they were hindered by lack of practical
experience. Human rights organizations pointed to judges' limited
experience in case law as a contributing factor. Due to the
Government's fiscal crisis, at times judges' salaries went unpaid up to
6 months, creating an incentive for corruption. Pressure from family
and political and economic interest groups was extensive, and bribery
was common.
The law establishes a three-tier court system. At the lowest level
are district courts, which heard routine criminal and civil cases. At
the next level are regional (city) courts of appeal, which served as
appellate courts for district courts. The regional courts also tried
major criminal and civil cases, reviewed cases, and either confirmed
verdicts or returned cases to the lower courts for retrial. The Supreme
Court acted as a higher appellate court but was the court of first
instance for capital crimes and appeals from the Central Election
Commission (CEC). The courts followed a judicial code of ethics;
however, some observers alleged that the Supreme Court's decisions were
subject to political and other undue influences. In 2001 the Supreme
Court implemented a system of regional managing judges to monitor the
performance of lower courts throughout the country.
A separate Constitutional Court arbitrated constitutional disputes
between branches of government and rules on individual claims of human
rights violations. The Court has interpreted this latter function
narrowly, agreeing to rule only in cases in which the complainant
alleged that the violation was sanctioned by law. The Court only
considered one case at a time. The Court's rulings demonstrated
judicial independence.
The Council of Justice administered the court system. The Council
had 12 members, 4 selected from within each branch of government. To
reduce incompetence and corruption, the law has established a three-
part testing procedure for working and prospective judges administered
by the Council. All judges except for three recognized legal scholars
were required to take the exams, which were given twice annually. In
December 36 out of 171 examinees passed the two rounds of the
examination.
At the district level--particularly in extremely rural or
mountainous regions--it was difficult to find candidates who had passed
the exam and who were willing to fill judge positions. Supreme Court
judges were required to take the examination. In 2000 the President
nominated and the Parliament ratified the appointment of 12 new Supreme
Court Justices, 10 of whom passed the judicial exams, and 2 of whom
were appointed pursuant to Article 20 of the law on the Supreme Court,
which provides that distinguished legal specialists may be appointed.
In July the General Directorate of the Council of Europe supported
the Supreme Court in hosting a seminar on the practical use of the
European Human Rights Convention in the judicial system. The seminar
was for regional and district judicial staff and covered the protection
of rights and limitations of human rights, the role of courts in the
implementation of the Human Rights Convention, Article 8 of the
Convention, and related court procedures.
In July the OSCE hosted the second of three training seminars on
international human rights law and relevant monitoring techniques for
participants from eight cities. Among them were representatives of 21
domestic NGOs and 4 representatives of state structures, including
Public Defenders.
Aside from the judicial system, law enforcement as a whole had not
undergone significant reform. During the year, reforms took place that
included additional training and testing for prosecutor's office
personnel and periodic internal reviews. Payment of bribes to police
and prosecutor's office officials reportedly was common (see Section).
The Prosecutor General's office is identified as part of the judicial
system in the Constitution, and there were calls from legislators and
others to move the Prosecutor General's office into the executive
branch.
According to the Constitution, a detainee is presumed innocent and
has the right to a public trial. A detainee has the right to demand
immediate access to a lawyer and the right to refuse to make a
statement in the absence of counsel. Officers must inform detainees of
their rights and notify their families of their location as soon as
possible. However, these rights were not observed fully in practice.
Authorities frequently did not permit detainees to notify their
families of their location in violation of the 2001 amendments to the
criminal procedure code that specifically provide that if a witness so
requests his lawyer can attend his questioning, who may in turn notify
family members. However, local police authorities limited lawyers'
access to detainees. Defense attorneys and family members often had
difficulty obtaining permission to visit clients. Investigators seldom
informed individuals of their rights. Lengthy trial delays were common.
Defense counsel was not required to be present at pretrial hearings,
and defendants and their attorneys regularly complained that they were
not notified of scheduled hearings. Under the Criminal Procedures Code,
the police are not obliged to allow a lawyer to enter a police station
unless hired by a detainee. In 2001 the Parliamentary Committee on
Human Rights and National Minorities created a card listing a citizen's
rights in case of arrest. The committee has distributed approximately
30,000 printed cards to students, NGOs, and visitors to the committee.
However, since 2001 no cards have been printed due to lack of funding.
The 1999 Criminal Procedure Code significantly weakened many
constitutional protections designed to circumscribe the powers of the
Prosecutor General, increase the rights of defense attorneys, and
enhance the independence of the judiciary. Prosecutors continued to
direct investigations, supervise some judicial functions, and represent
the state in trials. They also continued to wield disproportionate
influence over judicial decisions. The Criminal Procedure Code
prohibits the same judge who signed a warrant from hearing the case;
however, this rule frequently was disregarded outside of Tbilisi since
few regions had more than one judge.
In instances where defendants were unable to afford legal counsel,
attorneys were assigned to a case upon the recommendation of the
prosecutor's office by the Office of Legal Assistance, a part of the
state-controlled Bar Association. In certain cases, defendants were
pressured or coerced by procurators to accept a state-appointed
attorney or other attorneys who did not vigorously defend their
interests. However, in general individuals who could afford to pay were
able to obtain the attorney of their choice in both criminal and civil
cases. The prosecutor's office not only had control over state-
appointed lawyers; it also determined whether to grant a defendant's
request to change lawyers. However, several NGOs provided free legal
services for those whose human rights were violated in Tbilisi. The
quality of attorneys varied significantly. In addition, the licensing
of forensic medical examiners did not ensure competence.
There was disagreement among NGOs over who should be counted as a
political prisoner; most international and local human rights
organizations estimated that there were 20 to 25 political prisoners in
the country. The Parliamentary Human Rights Committee considered there
to be only 3 to 5 political prisoners, while the Ombudsman claimed that
there were no official political prisoners in the country; however,
many individuals, including members of the former paramilitary
Mkhedrioni, so-called Zviadists (followers of the deceased former
president Gamsakhurdia), and some former state security personnel
considered themselves political prisoners. According to human rights
observers, some Zviadist prisoners never took up arms and should be
considered political prisoners. Some Zviadists were convicted on poorly
substantiated charges of treason, banditry, and illegal possession of
weapons and were serving sentences of from 7 to 12 years.
In 2000 Parliament passed a resolution on national reconciliation
directing the Prosecutor General to review the cases of those convicted
in connection with the civil war. President Shevardnadze subsequently
pardoned or reduced the sentences of several hundred prisoners
convicted of crimes committed during the civil war. Approximately 95
percent of imprisoned Zviadists were released.
In July President Shevardnadze pardoned three persons convicted for
the 1995 assassination attempt on appeals by Rusudan Beridze, Deputy
Secretary of the National Security Council. They included Temur
Khachishvili, former Deputy State Security Minister, Giga Gelashvili,
and Guram Papukashvili, former commander of a special security services
unit. In April President Shevardnadze also pardoned former Finance
Minister Guram Absandze, who had been associated with the 1998
assassination attempt.
In September two well-known Zviadists (Petre Gelbakhiani and Irakli
Dokvadze), charged with a terrorist attack against Mkhedrioni leader
Jaba Ioseliani in 1992, were released from prison. However, their court
release occurred as a result of having served two-thirds of their
sentence and was not considered a presidential pardon.
Although President Shevardnadze pardoned and the Supreme Court
ordered the release of Tengiz Asanidze, who was accused of abduction
and financial crimes, authorities in the autonomous region of Ajara
refused to release him. Both Amnesty International the Council of
Europe's Commissioner for Human Rights called for Asanidze's release.
At year's end, he was awaiting the terms of the examination of his suit
filed with the European Court of Human Rights in Strasbourg, and his
case remained pending.
The Government permitted international human rights and domestic
organizations to visit political prisoners, and some organizations did
so during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions without court
approval or legal necessity; however, in practice law enforcement
agencies and other government bodies occasionally monitored private
telephone conversations without obtaining court orders. The Government
stated that security police and tax authorities entered homes and
workplaces without prior legal sanction in emergency cases as permitted
by the Criminal Procedures Code. Traffic Police often stopped and
searched vehicles without probable cause in order to extort bribes (see
Section 1.c.).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--Internal conflicts in Abkhazia and South Ossetia
remained unresolved. Ceasefires were in effect, and CIS and joint
peacekeeping forces, respectively, were present in both areas, although
sporadic incidents of violence occurred in Abkhazia. These conflicts
and the problems associated with approximately 270,000 IDPs from
Abkhazia, 60,000 from South Ossetia, and 3,900 refugees from Chechnya
posed a continued threat to national stability. In 1993 Abkhaz
separatists won control of Abkhazia, and most ethnic Georgians were
expelled from or fled the region. A Russian peacekeeping force also has
been in South Ossetia since 1992 as part of a joint peacekeeping force
with Ossetians and Georgians. The Government had no effective control
over Abkhazia or South Ossetia during the year.
There was limited information on the human rights situation in
Abkhazia and South Ossetia due to limited access to these regions. The
UNHRC Office in Abkhazia reported a modest improvement in the human
rights situation. However, systemic problems in the criminal justice
system, in particular the failure to conduct impartial investigations
and to bring alleged perpetrators to trial, sustained a climate of
impunity. Limited access to qualified legal counsel aggravated the
situation. The Parliament Human Rights Office remained concerned at the
length of pretrial detentions and violations of due process in
individual cases. In July an independent legal aid office in the Gali
district of Abkhazia began to provide legal advice to the population
free of charge.
In September the Ministry of Education of the separatist government
of Abkhazia announced a ruling prohibiting instruction in Georgian in
schools in Abkhaz-controlled territory, including in the district of
Gali inhabited by returned IDPs. This decision countradicted previous
agreements by the Coordinating Council working group on Social and
Economic Issues chaired by the Special Representative of the Secretary
General to the country. The Public Defender's Office (Ombudsman)
expressed indignation with the decision based on international
legislative norms and the U.N. conventions on discrimination in the
field of education.
On July 15, the non-recognized government of South Ossetia
established a Human Rights Commission consisting of lawyers and
representatives of civil society and NGOs. The South Ossetian Human
Rights Commission planned to work in close collaboration with the
Commission for Human Rights in the Autonomous Republic of North Ossetia
in the Russian Federation and the representative of the President of
the Russian Federation for Human Rights.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution and the law
provide for freedom of speech and of the press; however, although the
independent press was generally free, there were several instances of
intimidation of journalists. According to journalists and NGOs,
security and other authorities on occasion attempted to intimidate the
press through public comments, private admonitions, and violence.
Nevertheless, during the year journalists were able to publish wide-
ranging and extremely critical views of officials and their conduct;
however, some journalists practiced self-censorship.
The Administrative Code contains a freedom of information section
that provides for public access to government meetings and documents;
however, few journalists employed it. The adoption of a freedom of
information act and judicial enforcement of this law made agencies more
willing to provide information. However, the Government often failed to
register freedom of information act requests, as required by the
administrative code. Although the law states that a public agency shall
release public information immediately, or no later than 10 days, the
release of requested information could be delayed indefinitely. A
requesting party had no grounds for appeal.
There were approximately 200 independent newspapers in circulation.
The press frequently criticized senior government officials; however,
few newspapers were editorially independent and commercially viable.
Typically newspapers were subsidized by and subject to the influence of
their patrons in politics and business. The Government financed and
controlled one newspaper which was published in Russian-, Azeri-, and
Armenian-language versions; the newspaper reflected official
viewpoints. The highest-circulation independent daily newspaper, Alia,
had a national circulation nearly 20 percent higher than the
Government-controlled daily; however, independent newspapers continued
to struggle in the regions, due largely to the population's poverty.
High printing costs, a lack of advertising, and general poverty limited
the circulation of many newspapers. Several newspapers were reputable
sources of information, although lack of financial resources hindered
overall journalistic development and standards. State tax authorities
continued to harass independent newspapers.
Most persons received their news from television and radio. The
Government financed and controlled the main radio and television
network with a national audience; network broadcasts reflected official
viewpoints. Rustavi-2, a member of the independent television network
TNG, was considered the only station other than the state-run channel
with a national audience. In late 2001, members of the State Security
Ministry raided TNG's headquarters demanding financial information,
even though the tax department had completed an audit a few weeks
earlier. The head of Rustavi-2 refused to release the information and
broadcast the events live. The broadcast led to protests in front of
the Parliament and to President Shevardnadze's dismissal of all
Ministers. Prior to the incident, Rustavi-2 broadcast three detailed
investigations into alleged MOIA and Office of the Prosecutor General
corruption that involved high police officials attempting extortion and
planting evidence in a narcotics case.
In addition to Rustavi-2, there were seven independent television
stations in Tbilisi. An international NGO estimated that there were
more than 45 regional television stations, 17 of which offered daily
news. While these stations ostensibly were independent, a lack of
advertising revenue often forced them to depend on local government
officials for support. Some regions, such as Samtskhe-Javakheti and
Kutaisi, had relatively independent media. Rustavi-2 had a network of
15 stations, 5 of which broadcast Rustavi-2's evening news program
daily. State tax authorities continued to harass independent television
stations. Stations desiring benefits and better working relations with
authorities practiced self-censorship.
Channel 25 was the only independent television station broadcasting
in the autonomous region of Ajara. A lawsuit brought by the four owners
of Channel 25 against Mikhail Gagoshidze, chairman of Ajaran Television
and Radio, remained in the appeal process at year's end.
On September 27, more than 20 police officers allegedly entered the
local Zugdidi television station and beat employees and destroyed
equipment. The station provided information and footage in support of a
Georgian ``60 Minutes'' expose on police involvement in smuggling
gasoline to the neighboring separatist region of Abkhazia. The ``60
Minutes'' Zugdidi correspondent's family was also threatened. Following
an internal police investigation, the deputy police chief was dismissed
(see Section 1.c.).
On January 20 and May 7, the private television station Stereo One
was the object of threats. On both occasions the station's offices were
attacked by the Orthodox Christian radical group led by excommunicated
Orthodox priest Father Basil Mkalavishvili for broadcasting a foreign
evangelical program (see Section 2.c.).
Libel laws inhibited investigative journalism. The Civil Code and
other legislation make it a crime to insult the honor and dignity of an
individual and place the burden of proof on the accused.
Journalists stated that they were vulnerable to pressure from
authorities, as well as from business and societal elements.
On May 28, Parliamentarian Vitali Khazaradze threatened to
discredit Ia Bobokhidze and Maia Metskhvariashvili of the Tbilisi
edition of Ahali Taoba by publishing a pornographic photomontage of the
female journalists. An article by Metskhvariashvili associated
Khazaradze with a notorious criminal and accused Khazaradze of
inappropriate lobbying efforts for a municipal council in Kutaisi.
Khazaradze further demanded an apology by the editor-in-chief of Akhali
Taoba and threatened that otherwise the newspaper would be closed and
that journalists would be beaten.
In 2001 a suspect was arrested in the killing that year of
independent TV journalist Giorgi Sanaia and was awaiting trial at
year's end. During the year, the investigation into the 2000 death of
Italian reporter Antonio Russo was temporarily suspended due to lack of
a suspect.
The lack of an active journalists' association limited the
effectiveness of media advocacy. Media observers noted that few
journalists and government officials, particularly in the regions,
understood the legal protections afforded journalists; and few
journalists had the resources to hire a lawyer. Some enlisted the
assistance of the NGO community.
The Government did not limit access to the Internet; however, poor
infrastructure and poverty limited access outside of the major cities.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly without permission from the
authorities; however, both the national government and local
authorities restricted this right in practice. The law requires
political parties and other organizations to give prior notice and
obtain permission from local authorities to assemble on a public
thoroughfare. Members of the NGO community argued that the law violated
the Constitution and sought to have it overturned by the Constitutional
Court. However, the Court has refused to hear the case, on the grounds
that a test case must be brought before it to consider the challenge
and an individual must prove there was personal injury from the law.
Most permits for assemblies were granted without arbitrary restriction
or discrimination; however, this was not uniformly the case for
Zviadists (supporters of former President Gamsakhurdia). Extreme
Zviadists never accepted any successor to the Gamsakhurdia government
as legitimate and regularly held demonstrations in front of parliament
demanding that the present government resign. The Government viewed the
public rallies of the Zviadists as a threat because of the publicity
that they generated for themselves and against the Government.
Private meetings and public gatherings of religious minority groups
were repeatedly broken up, often with extreme violence, by Orthodox
extremists with the tacit approval or active cooperation of law
enforcement authorities (see Section 2.c.). The Government did not take
effective action against the perpetrators of such attacks.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Authorities
granted permits for registration of associations without arbitrary
restriction or discrimination; however, two organizations affiliated
with Jehovah's Witnesses were unable to register on the grounds that
there was no law regulating the registration of religious organizations
(see Section 2.c.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, local authorities sometimes restricted the rights of
members of nontraditional religious minority groups. At times local
police and security officials harassed several non-Orthodox religious
groups, particularly local and foreign missionaries, including
Jehovah's Witnesses, Baptists, Evangelicals, Pentecostals, and Hare
Krishnas.
The Constitution recognizes the special role of the Georgian
Orthodox Church in the country's history but stipulates the
independence of the Church from the State. The tax code grants tax
exemptions only for the Orthodox Church. The Georgian Orthodox Church
lobbied Parliament and the Government for laws that would grant it
special status and restrict the activities of missionaries from
nontraditional religions. On October 22, Parliament ratified a
constitutional agreement (Concordat) signed by the President and the
Georgian Orthodox Patriarch, that further defined church-state
relations. The Concordat states that, with the consent of the Church,
the Government could issue permits or licenses for the use of official
symbols and terminology of the Church, as well as for the production,
import, and distribution of worship articles. This provoked widespread
concern among minority religious groups.
In November the Constitutional Court refused to admit a petition by
the True Orthodox Church (a schismatic Orthodox church) that the
Concordat violated the constitutional protections of freedom of
religion, on the grounds that there was no evidence of discrimination.
In December the True Orthodox Church was refused permission by the
Kutaisi City Council to build a church on the grounds that the building
was not sanctioned by the Georgian Orthodox Church, as required by the
Concordat.
Some nationalist politicians continued to use the issue of the
supremacy of the Georgian Orthodox Church in their platforms and
criticized some Protestant groups, especially evangelical groups, as
subversive. Jehovah's Witnesses in particular were the targets of
attacks from such politicians.
There were no laws regarding the registration of religious
organizations; however, a draft bill that would provide for
registration of all religious groups in the country was proposed to
Parliament in November. The Government viewed the proposed Law on
Religion as a crucial step towards reducing religious intolerance and
violence. The Ministry of Justice prepared the bill, but it had not
been submitted to Parliament for a vote by year's end. Human rights
NGOs criticized the proposed law as restrictive and indirectly
unfavorable to nontraditional religious groups. Followers of religious
extremist Father Basil Mkalavishvili (Basilists) in turn criticized the
draft law, claiming it would effectively legalize what they termed
criminal sects, i.e. nontraditional religious groups. Under the
proposed law, religious groups that perform humanitarian services may
be registered as charitable organizations, although religious and other
organizations may perform humanitarian services without registration.
Organizations that were not registered could not conduct religious
services, rent office space or import literature, among other
activities. Members of unregistered organizations could engage in these
activities as individuals but were exposed to personal legal liability
in such cases.
In 2001 a Supreme Court ruling upheld a 2000 Appeals Court ruling
revoking the Jehovah's Witnesses legal registration. The Court issued a
statement clarifying that the judgement did not ban the organization
but had simply revoked its legal status. However, many local law
enforcement officials interpreted the ruling as a ban and thus used it
as a justification not to protect Jehovah's Witnesses from attacks by
religious extremists.
On December 6, MOIA officials at Ponichela impounded a truck
carrying religious literature of the Watch Tower Bible and Tract
Society that had cleared Georgian customs and legally entered the
country. Supporters of Father Mkalavishvili (Basilists) subsequently
surrounded the truck, beat the driver, and seized the shipping
documents. MOIA officials released the truck on December 12.
The Roman Catholic Church and the Armenian Apostolic Church were
unable to secure the return of churches closed during the Soviet
period, many of which Soviet authorities gave to the Georgian Orthodox
Church. A prominent Armenian church in Tbilisi remained closed, and the
Armenian Apostolic Church, the Catholic Church, and Protestant
denominations had difficulty obtaining permission to construct new
churches as a result of pressure from the Georgian Orthodox Church.
During the year, the Catholic Church faced difficulties in attempting
to build churches in the towns of Kutaisi and Akhaltsikhe. On April 5,
the Catholic Union of Western Georgia filed suit in a Tbilisi court
against the Patriarchate for return of the Annunciation Cathedral in
Kutaisi.
The Jewish community also experienced delays in the return of
property confiscated during Soviet rule. In 1997 a court ordered that a
former synagogue--rented from the Government by a theater group--be
returned to the Jewish community. In 1998 the theater group brought
suit, claiming that the building was never a synagogue. The Supreme
Court ruled in 2001 that the central hall of the synagogue should be
returned to the Jewish community, but that the theater groups should
retain part of the building. By year's end, the theater group had not
yet vacated the central hall.
Regular and reliable information about separatist-controlled
Abkhazia was difficult to obtain. An Abkhaz presidential decree bans
Jehovah's Witnesses. A number of members of Jehovah's Witnesses have
been detained in the last few years; however, according to a
representative of Jehovah's Witnesses, none were in detention at year's
end.
At times local police and security officials harassed
nontraditional religious minority groups, particularly members of
Jehovah's Witnesses. There were a number of cases in which police not
only failed to intervene to protect such minorities from attacks by
Orthodox extremists but also participated in or facilitated the
attacks.
The MOIA (including the police) and Prosecutor General's office
generally failed to pursue criminal cases against Orthodox extremists
for their attacks against religious minorities. On the few occasions in
which there were investigations into such attacks, they proceeded very
slowly. In 2000 the Government initiated a criminal case against Father
Basili Mkalavishvili, whose followers engaged in a number of violent
attacks on nontraditional religious minorities; however, the
investigation has proceeded very slowly. While the criminal case
prevented Mkalavishvili from making personal appearances at most
attacks during the year, his followers continued their violence in his
absence.
In November Basilists physically expelled a foreign radio
correspondent from the courtroom with the acquiescence of MOIA security
forces. The Basilists also threatened plaintiffs and brought weapons
into the courtroom. In December the plaintiffs moved to have the judge
removed due to his inability to control the proceedings.
In 2001 Parliament passed a resolution condemning religious
violence. Shortly thereafter the Procurator questioned Father
Mkalavishvili and released him on his own recognizance with the
understanding that he was not to leave Tbilisi. However, after a brief
period of relative calm, attacks by Mkalavishvili and others resumed.
Mkalavishvili's followers and another extremist group Jvari (the Cross)
continued to act with impunity.
During its review of the country, the UNHRC expressed deep concern
about a rising intolerance and escalating attacks against religious
minorities in the country, facilitated by government inaction. That
same day, the Council of Europe released a report that strongly
criticized authorities' disregard of religious and racial violence and
harassment in the country. President Shevardnadze announced government
measures to improve the human rights situation including the protection
of religious minorities that included establishing a coordination group
within the MOIA. During the year, the MOIA published a Directive from
the Minister of Combating Religious Violence, which ordered MOIA forces
to react decisively to acts of religious violence and investigate all
instances of it.
Despite a general tolerance toward minority religious groups
traditional to the country--including Catholics, Armenian Apostolic
Christians, Jews, and Muslims--citizens remained very apprehensive
about Protestants and other nontraditional religions, which were seen
as taking advantage of the populace's economic hardships by gaining
membership through the distribution of economic assistance to converts.
Some members of the Georgian Orthodox Church and the public viewed non-
Orthodox religious groups, particularly nontraditional groups or so-
called sects, as a threat to the national Church and Georgian cultural
values and argued that foreign Christian missionaries should confine
their activities to non-Christian areas. Foreign and local members of
nontraditional religious groups continued to report harassment by
extremist Orthodox groups, police, and other authorities (see Section
2.c.).
Followers of excommunicated Orthodox priest Basili Mkalavishvili
(Basilists) engaged in a number of violent attacks on nontraditional
religious minorities, including Baptists, Seventh-day Adventists, and
particularly members of Jehovah's Witnesses. During the attacks,
Basilists burned religious literature, broke up religious gatherings,
and beat parishioners, in some cases with nail-studded sticks and
clubs. As during other attacks, Mkalavishvili held an impromptu press
conference with the violence in the background. Representative cases
included the following incidents:
On January 25, a group of Basilists including Basili Mkalavishvili
surrounded the building housing the television channel Stereo One. The
Basilists had been threatening Tbilisi-based Stereo One since early
2001 for broadcasting an evangelical religious program. Two Basilists
broke into the building and were arrested. However, approximately 100
Basilists quickly gathered outside the police station and demanded
their release. The police complied with the demand. When Stereo One
resumed broadcast of the religious program on May 7, Mkalavishvili and
four followers again tried to break into the station's offices,
physically assaulting one staff member. Police intervened after being
alerted by a local human rights NGO.
On August 15, in Otarsheni approximately 50 persons wielding
truncheons arrived in front of a Jehovah's Witnesses meeting hall to
break up a religious meeting. However, members of the congregation had
been warned there might be violence and the meeting was canceled.
Undeterred, the mob entered the building, smashing windows and
furniture and beating a caretaker. Stacks of literature and benches
were dragged into the street and set on fire. Eyewitnesses recognized
at least two of the attackers as Basilists. Witnesses also reported
seeing a police car drive by the scene of the incident. Police opened
an investigation, but no arrests had been made at year's end.
On August 16, in Kaspi, in a near-identical attack, approximately
two dozen men, wearing crosses of the Georgian Orthodox church, arrived
on buses and ransacked the home of Ushangi Bunturi who was planning to
host a Jehovah's Witness meeting in the field next to his residence.
Due to its similarity to the August 15 incident, observers believed
Basilists carried out the attack. The attackers burned Bibles,
religious pamphlets, and Bunturi's belongings in the yard and filled
the baptismal pool with diesel fuel. Local law enforcement officials
reportedly approached Bunturi several times, asking him to refuse to
host the Jehovah's Witness congress because they could not guarantee
security. The authorities forced Bunturi to sign a letter taking full
responsibility for the event, but he added a footnote saying he had
been forced to sign the letter. Approximately 1,000 Jehovah's Witnesses
had been expected to gather at Bunturi's house, where they held
congresses since 1996. According to witnesses, the local police chief
was present, although it was not clear whether the police joined the
attack or simply observed it. No one was arrested.
On November 18, approximately 25 Basilists surrounded a foreign
radio correspondent who was covering the trial of Mkalavishvili and
threatened to ``break his head'' with iron bars if he did not leave the
courtroom. Several Basilists attempted to strike the reporter but were
restrained by fellow members. They grabbed the reporter and physically
pushed him out of the courtroom.
Although law enforcement authorities were present at some attacks,
they failed in most instances to intervene, leading to a widespread
belief in police complicity in the activities of the Basilists.
In 2001 police and followers of Mkalavishvili prevented members of
Jehovah's Witnesses from holding a convention in Marneuli by stopping
buses, physically attacking followers, and burning and looting the
convention site. Members of Jehovah's Witnesses alleged that police
actively participated in these activities, and at least one eyewitness
confirmed that police did not impede the Basilists. An investigation
continued at year's end. On May 13, the Marneuli district court
acquitted police officers of wrongdoing during an attack by Basilists
on a September 2000 Congress of the Jehovah's Witnesses in Marneuli.
On occasion members of Jvari, another Orthodox extremist group,
joined Mkalavishvili's supporters in their activities. For example, 14
members of Jvari attacked a meeting of Jehovah's Witnesses in Rustavi
in 2001. According to an eyewitness, Jvari leader Paata Blashvili
personally assaulted one of the victims. The extremists apparently used
sawed off shotguns and other firearms when they ransacked the Jehovah's
Witnesses convention site. Two days earlier, members of Jvari
participated in attacks by religious extremists in which dozens were
injured. Jehovah's Witnesses had received permission to hold the
convention from the local government and local authorities were at the
convention site; however, they did not intervene to stop the attacks.
The Patriarchite of the Georgian Orthodox Church has strongly
criticized the attacks perpetrated by Orthodox extremists against
nontraditional religious minorities and has distanced itself from Basil
Mkalavishvili. However, the Church did not speak with one voice on the
subject. On February 10, a senior bishop in Rustavi stated on a leading
television newscast that all 'sectarians' (including nontraditional
religious minorities such as the Jehovah's Witnesses) in the country
should be killed. The Patriarchite later released a press statement
saying the bishop's comments were quoted out of context. In June Bishop
Levan Pirtskhalaishvili, secretary to Patriarch Ilya II, wrote to the
owner of a Tbilisi stadium warning him not to rent the venue to the
Jehovah's Witnesses for a meeting due to negative public reaction; the
event was subsequently cancelled.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and the law generally
provide for these rights, and the Government generally respected them
in practice. Registration of an individual's residence was not required
nor were internal passports. Soviet passports bearing a propiska (proof
of legal residence in a particular locality) were accepted as proof of
identity because passports and identity cards were expensive to
purchase and difficult to obtain, especially in poor and remote areas.
Approximately 275,000 so-called Akhiskha or Meskhetian Turks were
relocated from southern Georgia to Central Asia by the Soviet Union in
the 1940s. Many of the Meskhetians were expelled a second time from
Central Asia when the Soviet Union collapsed, and a number remained
stateless in Russia. A 1999 presidential decree established the State
Commission on Repatriation and Rehabilitation of the Population
Deported from Southern Georgia, and the Government undertook to begin
the repatriation process within three years. However, there has been no
legislation to allow for repatriation of Meskhetian Turks to Georgia,
and there was some official and public opposition to their
repatriation. There were 643 Meskhetians living in the country, most of
whom had citizenship.
The 1994 agreement between Russia, Georgia, Abkhazia, and the UNHCR
on repatriation in Abkhazia called for the free, safe, and dignified
return of internally displaced persons (IDPs) and refugees. The Abkhaz
separatist regime prevented such repatriation and unilaterally
abrogated the agreement. In January 1999, the Abkhaz separatist regime
unilaterally invited IDPs to return to Gali starting in March 1999 but
did not adequately ensure their safety. The move did not affect
significantly the return to Gali of IDPs, who continued to travel back
and forth to the area to tend their property. As many as 40,000 persons
were estimated to be living in Gali on a more or less permanent basis,
depending on the security situation.
The 1992 ethnic conflict in South Ossetia also created tens of
thousands of IDPs and refugees. In 1997 the UNHCR began a program to
return IDPs and refugees; however, both sides created obstacles that
slowed the return. During the year, the South Ossetian separatists
continued to obstruct the repatriation of ethnic Georgians to South
Ossetia, although some families returned. Meanwhile, South Ossetia
continued to press for the return of all Ossetian refugees to South
Ossetia rather than to their original homes in other regions of the
country. The Government publicly has recognized the right of Ossetian
refugees to return to their homes in the country but has taken little
facilitative action. Opposition by government authorities to the return
of illegally occupied homes has prevented the return of Ossetian
refugees to Georgia proper.
Government stipends to IDPs of approximately $7 (14 GEL) per person
per month were paid inconsistently. The Government subsidized 50
kilowatts per hour of electricity per month for each IDP. Stipends were
paid more frequently in Tbilisi than elsewhere in the country. IDPs
also were not afforded the right to vote in local elections (see
Section 3).
The law did not provide for the granting of refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. The Government did not provide first
asylum. According to the UNHCR, the Government processed no asylum
cases during the year. The Ministry for Refugees and Accommodation
(MRA) was responsible for the screening and registration of refugees
and new arrivals. Since the outbreak of hostilities in Chechnya, the
Government has admitted what was estimated to be 4,000 to 5,000
refugees from the conflict. Chechen refugees settled in the Pankisi
Valley in the eastern part of the country. Both local and international
NGOs provided sporadic assistance to refugees living in the Pankisi
Valley; however, after the kidnaping in 2000 of three ICRC staff
members, international humanitarian organizations had only periodic
access to the Pankisi Valley.
In April the Ministry of Refugee Affairs reregistered Chechen
refugees with the assistance of the UNHCR. At the end of the year,
approximately 4,000 Chechen refugees were living in the Pankisi Valley
and 400 in Tbilisi. The significant reduction in the number of refugees
was due to the successful screening out of the local Kist (ethnic
Chechen citizens), as well as departures of refugees for Azerbaijan and
other countries. The majority of the Chechen refugees lived with the
local Kist population; only 15 percent were sheltered in communal
centers.
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 and the 1995 parliamentary and presidential
election laws provide citizens with the right to change their
government peacefully, and citizens exercised this right through
regular elections; however, the June local and municipal elections, the
2000 presidential elections, and the 1999 parliamentary elections were
marred by numerous serious irregularities, and the Government limited
this right in practice. An elected president and parliament governed
most of the country.
On June 2, local and municipal elections that had originally been
scheduled for 2001--and had been postponed by the CEC due to financial
and technical reasons--were held. The elections were marked by poor
preparation to meet basic conditions and irregularities, which limited
the rights of citizens to change their government. In Rustavi elections
were cancelled because an unidentified group of persons attacked the
CEC's vehicle and hijacked the ballots. A person suspected of hijacking
the Rustavi ballots was arrested on July 4; the investigation was
pending at year's end. In Zugdidi ballot boxes were stolen by
unidentified armed groups. In Khashuri and Akhalkalaki, the elections
were cancelled because the CEC failed to provide ballots in time.
Voting started hours later than originally planned in many locations.
Make-up elections in those cities were scheduled a week later. There
were many other violations in almost every voting district; armed
police officers were observed at polling stations and there were
reports of multiple voting by persons in different districts. In
Tbilisi the state of voter registration lists was so poor that there
were instances where several hundreds of citizens, often residents of
the same block of apartment buildings, could not vote.
Shortly after the elections, Parliament formed a commission to
investigate reports of irregularities. The commission published
findings and recommended reforms in the CEC and in the administrative
process. After protests by political parties, the CEC agreed on
November 1 to a recount of votes in the Tbilisi local elections. The
recount did not change the number of seats won by each party, but left
the Socialist Party below the four-percent threshold for
representation. On November 4, National Movement leader Mikhail
Saakashvili was elected Chairman of the Sakrebulo (city council). The
Socialist Party charged that Saakashvili's election was fraudulent, and
challenged the election of several members of Parliament who were
serving simultaneously in Parliament and the Sakrebulo. The Socialists
asserted that the Constitution prohibits a deputy from also serving in
the city council and demanded that the MOIA investigate the vote. The
district court rejected the Socialists' suit.
International and local observers criticized the Government's poor
preparation of the elections in a rush to test popular support for the
various political parties before the next elections. While observers
did not report massive or organized fraud, they criticized the election
due to overall poor organization.
In the 2000 presidential elections only two candidates campaigned
actively: the incumbent, Eduard Shevardnadze; and Jumber Patiashvili of
the Revival of Georgia Party. The CEC reported that Shevardnadze won
with over 78 percent of the vote to Patiashvili's 16 percent, in
contrast to observer estimates of 50 to 70 percent of the vote for
Shevardnadze and 30 percent for Patiashvili. International observers
strongly criticized the election; the OSCE noted serious
irregularities, including ballot stuffing, group voting, groups of
identical signatures on voter's lists, media bias, and lack of
transparency in counting and tabulation. Some observers noted a police
presence in polling places and insufficiently representative electoral
commissions at all levels. The OSCE noted that the situation
deteriorated during the counting process and that, in general,
procedural safeguards were not implemented. The CEC annulled the
election results of six polling stations. A number of smaller political
parties boycotted the election, and another party urged the electorate
to vote against all candidates. Police disrupted a number of opposition
rallies, and bureaucratic obstacles were erected to prevent their
organization (see Section 2.b.). Parliament adopted extensive
amendments to the electoral laws less than 3 weeks before the
presidential election, causing confusion in the election
administration. In addition, there was inadequate time to implement
some of the election law amendments properly. The OSCE also raised
concerns about the transparency of the candidate registration process
and ballot distribution.
Parliamentary elections were held in late 1999. The Citizens' Union
of Georgia, chaired by President Shevardnadze, won an outright
majority. International observers judged the conduct of the elections
throughout the country to be a step towards compliance with OSCE
commitments. However, they noted a number of irregularities including
restrictions on freedom of movement. A second round was held, which
OSCE observers described as well-conducted in some districts but marred
with irregularities in others. There was no voting in the separatist
regions of Abkhazia or South Ossetia, which were outside government
control.
In August 2001, Parliament passed a new law on local self-
government, and in response the CEC postponed until local elections
that had been scheduled for November 2001. The CEC cited inadequate
financing and claimed that the legislation required a number of
technical amendments that could not be implemented by the original
election date. Most political parties did not object to the
postponement. In 2001 by-elections were held in Vake and Bagdadi
districts. The Vake elections were marred by two incidents of ballot
box theft; however, the elections showed improvement over previous
elections.
There were 16 women in the 235-seat Parliament. A woman was the
speaker of Parliament and several women held important committee
chairmanships. Two women held ministerial posts.
There were 16 members of minority groups (7 Azeris, 6 Armenians, 2
Abkhaz, and 1 Greek) in the 235-seat Parliament.
Elections were held periodically by the separatist governments of
Abkhazia and South Ossetia, which were outside government control.
International observers determined that these elections were
illegitimate. International organizations, including the U.N. and the
OSCE, declared presidential elections held in Abkhazia in 1999 to be
illegal. Government authorities also called the election illegitimate,
as they had the Abkhaz local elections of 1998, on the basis that a
majority of the population had been expelled from the region. In 2001
Parliament stated that any further polls held before a settlement to
the conflict was reached and displaced persons were returned to their
homes would be considered illegal. In 2001 the unrecognized separatist
government held presidential elections in South Ossetia, resulting in
the defeat of the incumbent and a peaceful transfer of power.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. However, some local
human rights NGOs reported that government officials were slightly less
responsive during the year than in the past.
There were a number of credible local organizations that monitored
human rights, most of them in Tbilisi. Other local human rights groups
were extensions of partisan political groups and these had little
influence. NGOs were permitted to bring suits to courts of the first
instance on behalf of persons whose rights were abused.
On July 10, there was a physical assault on the Tbilisi
headquarters of the Liberty Institute, the leading human rights
organization in the country. Approximately one dozen well-organized men
entered the offices of the Liberty Institute and proceeded to beat the
director and other staff. They also smashed computers, furniture, and
other equipment. The attack left Liberty Institute Director Levan
Ramishvili hospitalized with multiple contusions, eye injuries, and
speech problems. Five other staff members were beaten. Several other
staff and visitors, including a British government member of a Council
of Europe fact-finding delegation, escaped the attack by barricading
themselves behind a door. The July 10 attack followed a demonstration
days earlier outside the Liberty Institute by supporters of Guram
Sharadze, a member of Parliament. In a previous television debate,
Ramishvili had accused Sharadze of publicly inspiring ethnic and
religious intolerance. On July 25, a Tbilisi District Court released
Giorgi Doijashvili, a member of the radical Orthodox group Jvari,
suspected of carrying out the Liberty Institute attack. Doijashvili
originally acknowledged his role in the attack but has since retracted
his statement. Members of Jvari participated in numerous attacks on
non-traditional religious groups in the past. The verdict of the court
was hailed by the followers of defrocked Orthodox priest Basil
Mkalavishvili who accused the Liberty Institute of protecting
nontraditional religious groups such as the Jehovah's Witnesses (see
Section 2.c.). The case remained under investigation at year's end.
During the year, legislation was adopted allowing the Ministry of
Finance to access the funding records of international NGOs, alarming
some in the NGO community. In August the International Federation of
the Red Cross and Red Crescent Societies stopped financing all projects
and programs developed with the local Red Cross division after its
leader was suspected of misuse of funds.
In 1997 the UNHRC and the OSCE Mission established a joint human
rights office in Sukhumi, Abkhazia to investigate human rights abuses.
The office has operated sporadically because of security conditions but
has provided periodic findings, reports, and recommendations. During
the year, the office registered relatively few complaints of abuse by
de facto police and judicial authorities operating in the region.
NGOs continued to view the Parliamentary Committee on Human Rights
as the most objective of the Government's human rights bodies. The
Constitutionally mandated office of the Public Defender, or Ombudsman,
was created in 1995. The National Security Council's human rights
advisor, who has a mandate to investigation claims of abuse, and the
Public Defender were active in several individual cases involving
police misconduct (see Section 2.c.). However, while government
representatives were effective in individual cases, neither they nor
NGOs were successful in prompting systemic reform.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution recognizes the equality of all citizens without
regard to race, language, sex, skin color, political views, national,
ethnic, or social affiliation, origin, social status, land ownership,
or place of residence; however, discrimination against women was a
problem. The Constitution stipulates that Georgian is the state
language. Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetian, and
Russian communities usually communicated in their native languages or
in Russian. Both Georgian and Russian were used for interethnic
communication.
Women.--Societal violence against women was a problem. There are no
laws that specifically criminalize spousal abuse or violence against
women, although the Criminal Code, in force since June 2000, classifies
marital rape and sexual coercion as crimes. During the year, 867 crimes
were registered against women, compared with 678 in 2001. Part of this
apparent increase may have been due to increased reporting. Crimes
included 36 murders, 18 attempted murders, 52 rapes, and 25 attempted
rapes; the remainder consisted of battery, assault and lesser crimes.
According to a poll conducted in 1998 by the NGO Women for Democracy,
younger women reported that spousal abuse occurred frequently but
rarely was reported or punished because of social taboos against
raising the problem outside of the family. Spousal abuse was reportedly
one of the leading causes of divorce. Domestic violence continued to
rise as economic conditions became more difficult. Police did not
always investigate reports of rape. A local NGO operated a shelter for
abused women, and the Government operated a hot line for abused women
but did not provide other services. There were anonymous telephone
services that assisted rape victims, but no shelters, specialized
services, or other mechanisms to protect or assist them.
The kidnaping of women for marriage continued to occur,
particularly in rural areas, although the practice continued to
decline. Such kidnapings often were arranged elopements; however, at
times these abductions occurred against the will of the intended bride,
and sometimes involved rape. Police rarely took actions in such cases
even though such kidnapings are a crime according to the criminal code.
Prostitution was not a criminal offense, and trafficking in women
for the purpose of prostitution was a problem (see Section 6.f.). In
the past, police officers reportedly beat and raped prostitutes; there
were no such confirmed reports this year.
Sexual harassment and violence against women in the workplace was a
problem, especially as economic conditions worsened, according to a
U.N. Development Program (UNDP) report. Sexual harassment in the
workplace rarely, if ever, was investigated.
The Constitution provides for the equality of men and women;
however, discrimination against women was a problem. The Civil Code
gives women and men equal inheritance rights. Divorce was legal and can
be initiated by either a husband or wife. Younger women reported that
the economic balance had shifted in their favor because many
traditionally male jobs had disappeared due to the depressed economy.
Women's access to the labor market had improved but remained primarily
confined, particularly for older women, to low-paying and low-skilled
positions, often without regard to high professional and academic
qualifications. As a result, many women sought employment abroad.
Salaries for women continued to lag behind those of men. Reportedly men
were given preference in promotions. Of the 114,512 registered
unemployed persons throughout the country, 46 percent were women. Women
sometimes, but not often, filled leadership positions. According to the
UNDP, employers frequently withheld benefits connected to pregnancy and
childbirth.
A number of NGOs promoted women's rights, including the women's
group of the Georgian Young Lawyers' Association, the Women's Center,
and Women for Democracy. Women's NGOs took an active role in the 1999
parliamentary election, the 2001 by-elections, and the June local and
municipal elections, engaging candidates in discussions about issues of
concern. Posters urging women to vote were a prominent part of the
publicity campaign.
Children.--Government services for children were extremely limited.
While education officially was free through high school, many parents
were unable to afford books and school supplies, and most parents were
forced to pay some form of tuition or teachers' salaries. Most children
of school age attended school; however, in some places schools did not
function or functioned sporadically because teachers were not paid and
facilities were inadequate, especially in winter when some schools
could not afford to heat buildings. Many schools lacked libraries or
even blackboards. Free health care was available only for children over
the age of 3 years.
There was no societal pattern of abuse of children, but difficult
economic conditions broke up some families and increased the number of
street children. A local NGO estimated that there were approximately
1,500 street children in the country, with 1,200 concentrated in
Tbilisi, due to the inability of orphanages and the Government to
provide support. The private voluntary organization Child and
Environment and the Ministry of Education each operated a shelter;
however, the two shelters could accommodate only a small number of
street children. No facilities existed outside of Tbilisi. Street
children often survived by turning to criminal activity, narcotics, and
prostitution. Police increasingly harassed and abused street children
with impunity. The Government took little other action to assist street
children.
The Isolator detention facility for street children in Gldani was
overcrowded, and children frequently were abused by other children and
guards. There were no confirmed reports of police violence against
street children this year.
The lack of resources affected orphanages as well. Children
received inadequate food, clothing, education, and medical care;
facilities lacked heat, water, and electricity. The staff was paid
poorly, and wages were many months in arrears. Staff members often
diverted money and supplies provided to the orphanages for personal
use. Orphaned children in government institutions were not eligible for
foreign adoption.
The Criminal Code states that child prostitution and pornography
are punishable by imprisonment for up to 3 years.
Persons with Disabilities.--There is no legislated or otherwise
mandated provision requiring access for persons with disabilities;
however, the law mandates that the State ensure appropriate conditions
for persons with disabilities to use freely the social infrastructure
and to ensure proper protection and support. The law includes a
provision of special discounts and favorable social policies for
persons with disabilities, particularly veterans; however, many
facilities for persons with disabilities remained closed due to lack of
funding. Most persons with disabilities were supported by family
members or by international humanitarian donations. Societal
discrimination against persons with disabilities exists.
National/Racial/Ethnic Minorities.--The Government generally
respected the rights of members of ethnic minorities in non-conflict
areas but limited self-government and played a weaker role in ethnic
Armenian and Azeri areas (see Section 3). School instruction in non-
Georgian languages was permitted. A draft language law that would make
knowledge of Georgian compulsory for persons employed by state
institutions was under discussion in Parliament at year's end.
The State Language Chamber was tasked with organizing free language
courses for government employees in regions inhabited by ethnic
minorities. During the year, the language courses were organized and
planned but were cancelled due to lack of funding. On February 8, the
OSCE announced a project to support government programs to teach the
Georgian language to ethnic minorities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the law provide
for the right of citizens to form and join trade unions, and workers
exercised this right.
The principal trade union confederation was the Amalgamated Trade
Unions of Georgia (ATUG), which was the successor to the official union
that existed during the Soviet period. The ATUG consisted of 31
sectoral unions. The organization officially claimed 600,000 members,
but acknowledged that the number of active, dues-paying members was
lower. The union had no affiliation with the Government and received no
government funding (except for support to send 200 children each year
to summer camp).
The ATUG was involved in a legal action with the Government
regarding the Palace of Culture, which the ATUG inherited when the
Soviet Union collapsed. In 1998 the Constitutional Court awarded the
property to the ATUG, but in 1999 a lower court ruled that the ATUG had
no rights to the property. On May 30, following a number of court
decisions, a decision was made that the union had no right to discuss
the issue in its council meeting. The ATUG met with the Justice
Council, which confirmed that this decision violated the law, the
Constitution, and ILO regulations. The president of the ATUG continued
to speak out on the issue, and in 2001 the city prosecutor opened a
case against the president for violating the findings of the court.
Both cases remained ongoing at year's end.
There were two trade unions in addition to the ATUG: The Free Trade
Union of Teachers of Georgia Solidarity (FTUTGS) based in Kutaisi; and
the Independent Trade Union of Metropolitan Employees, which was formed
in Tbilisi in 2000.
The law prohibits discrimination by employers against union
members, and employers may be prosecuted for antiunion discrimination
and forced to reinstate employees and pay back wages; however, the ATUG
and its national unions reported frequent cases of management warning
staff not to organize trade unions. Some workers, including teachers in
the Imereti region, employees of various mining, winemaking, pipeline,
and port facilities, and the Tbilisi municipal government reportedly
complained of being intimidated or threatened by employers for union
organizing activity. Observers also claimed that employers failed to
transfer compulsory union dues, deducted from wages, to union bank
accounts. The Ministry of Labor investigated some complaints, but no
action had been taken against any employers by year's end.
There were no legal prohibitions against affiliation and
participation in international organizations. The ATUG was a full
member of the International Confederation of Free Trade Unions (ICFTU).
b. The Right to Organize and Bargain Collectively.--The
Constitution and the law allow workers to organize and bargain
collectively, and some workers exercised this right; however, the
practice of collective bargaining was not widespread.
During the year, the ATUG supported public sector strikes by
teachers, medical service employees, and energy sector workers, most of
which were wildcat actions. During the year, teachers went on strike
for unpaid wages. Energy workers went on strike to demand unpaid wages
and increased salaries.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and provides
for sanctions against violators; however, there were reports that such
practices occurred (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--According to the law, the minimum age for employment of
children is 16 years; however, in exceptional cases, the minimum age
can be 14 years. The Ministry of Health, Social Service, and Labor
enforces these laws and generally they were respected.
The Government has not ratified the ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The state minimum wage was
raised in 1999 to $10.80 (20 GEL) a month. There was no state-mandated
minimum wage for private sector workers. The minimum wage was not
sufficient to provide a decent standard of living for a worker and
family. In general salaries and pensions were insufficient to meet
basic minimum needs for a worker and family. Average wages in private
enterprises were $75 to $100 (150 to 200 GEL) monthly; in state
enterprises, $15 to $30 (30 to 60 GEL). Salaries often were
supplemented by unreported trade activities, assistance from family and
friend networks, and the sale of personally grown agricultural
products.
The old Soviet labor code, with some amendments, still is in
effect. The law provides for a 41-hour workweek and for a weekly 24-
hour rest period. The Government workweek often was shortened during
the winter of 2000 due to the continuing energy crisis. The labor code
permits higher wages for hazardous work and permits a worker to refuse
duties that could endanger life without risking loss of employment.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons specifically, although trafficking could be prosecuted under
laws prohibiting slavery, forced labor, illegal detention, and fraud;
the country was both a source and transit country for trafficked
persons. There were unconfirmed reports that government customs and
border officials were involved in the trafficking of persons.
The Government prosecuted some traffickers using fraud statutes,
but otherwise had no active programs to address the problem of
trafficking. A government program for combating violence against women
included a proposal for measures to eliminate trafficking in women for
the purpose of sexual exploitation; however, it has not been
implemented due to budgetary constraints.
During the year, the MOIA created a seven-person unit specifically
to combat trafficking. The unit received support from the American Bar
Association Central and Eastern European Law Initiative, the
International Organization for Migration (IOM), and other
organizations. Local NGOs (Women for the Future, Peoni, and People's
Harmonious Development Society) worked closely with the Public
Defender's office, the body primarily responsible for prosecuting
criminal cases involving trafficking.
Women primarily were trafficked from the country to Turkey, Greece,
Israel, and Western Europe to work in bars, restaurants, or as domestic
help. Many worked in the adult entertainment sector or as prostitutes.
There also was evidence that Russian and Ukrainian women were
trafficked through the country to Turkey, sometimes using fraudulently
obtained passports. There were reports of Russian and Ukrainian women
being sent to beach resorts in the summer months to work as
prostitutes. The country was generally not a destination place for
trafficked persons.
Trafficked persons often were lured by jobs abroad offered through
tourism firms and the media; employment agencies falsely advertised
jobs as au pairs, models, and housekeepers. For example, many of the
women working in the adult entertainment sector as prostitutes were
informed, or led to believe, that they actually would be employed as
waitresses in bars and restaurants or as domestic help.
On July 15, Nugzar Sulashvili was the subject of an armed attack on
his family at his home in Tbilisi. Sulashvili was the chairman of the
NGO Center for Foreign Citizens' and Migrants' Rights and Security
(FCRS). The attacker was detained by the police but released quickly;
the police reportedly refrained from initiating an investigation.
Sulashvili's NGO worked against trafficking and over the past two years
provided victims with legal, medical, psychological, and financial
assistance. The organization also pointed out possible government
involvement in trafficking. During the past 3 years several acts of
vandalism were perpetrated against the NGO; 7 criminal cases were
brought to the attention of the police, but none were investigated. On
May 13, unidentified persons attacked and beat Sulashvili on his way
home. The attackers reportedly warned him that he should cease to
investigate activities about employment firms participating in
trafficking.
There were no government programs to help victims; however, there
were several NGOs involved in aiding its victims. One internationally
funded NGO opened a hotline offering psychological support and
assistance to victims. In 2000 the NGO Women Aid Georgia received
international funding and launched a widespread public information
campaign to educate women about the dangers of trafficking. The IOM
also worked on trafficking problems in the country. Victims who had
returned to the country reported problems resuming normal life.
__________
GERMANY
The Federal Republic of Germany is a constitutional parliamentary
democracy; citizens periodically choose their representatives in free
and fair multiparty elections. The head of the Federal government, the
Chancellor, is elected by the Bundestag, the first of two chambers of
Parliament. The powers of the Chancellor and of the Parliament are set
forth in the Basic Law (Constitution). The 16 states represented in
Parliament in the Bundesrat enjoy significant autonomy, particularly
regarding law enforcement and the courts, education, the environment,
and social assistance. The judiciary is independent.
Law enforcement was primarily a responsibility of state
governments, and the police are organized at the state level. The
jurisdiction of the Federal Criminal Office was limited to
counterterrorism, international organized crime, particularly narcotics
trafficking, weapons smuggling, and currency counterfeiting. Police
forces in general were well trained, disciplined, and mindful of
citizens' rights; however, there have been instances in which police
committed human rights abuses.
A well-developed industrial economy provided citizens with a high
standard of living. The population was approximately 82 million.
The Government generally respected the human rights of its
citizens; although there were problems in some areas, the law and
judiciary provided effective means of addressing individual instances
of abuse. There were some limits on freedom of assembly and
association. There was some discrimination against Scientologists and
members of the Unification Church, and one regional court upheld a ban
on the wearing of Muslim headscarves by teachers in public schools.
Some minority religious groups reported instances of societal
discrimination. Violence against women and children continued to be a
problem, which the Government took steps to address. Instances of
societal violence and harassment directed at minority groups and
foreign residents continued. Women continued to face some wage
discrimination in the private sector, as did minorities and foreigners.
Trafficking in persons, particularly women and girls, was a problem.
Germany was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports during the year of the arbitrary or unlawful deprivation of
life committed by the Government or its agents.
The case of Aamir Ageeb, a Sudanese asylum seeker who died in 1999
during a deportation flight while in the custody of Federal Border
Police, remained pending before a Hesse state appeals court. Ageeb
allegedly resisted deportation violently and was restrained on the
plane by police. An investigation was initiated following allegations
that the police had restrained Ageeb in such a way as to hinder his
breathing. In February the Frankfurt City Public Prosecutor's Office
brought charges of negligent homicide against three Federal Border
Police officers; however, the accused appealed the indictment. A court
decision on the appeal is expected in 2003.
On May 11, Cologne police arrested a 31-year-old man for rioting,
and allegedly beat the man while in custody in a police station. The
man was taken to a hospital, where he fell into a coma and died 2 weeks
later. The Cologne city prosecutor initiated a criminal investigation
against six police officers allegedly involved in the beating. However,
according to an expert medical opinion, the man did not die as a result
of the beating, but rather as a result of a pre-existing medical
condition. Therefore, the prosecutor's office announced it would seek
charges against the police officers for bodily injury. The officers
were suspended from duty during the investigation, and a trial is
expected to take place in 2003.
During the year, the case of Dr. Hans-Joachim Sewering, who
allegedly sent children with congenital disabilities to a hospital for
euthanasia during the Nazi period, resurfaced. The Munich city
prosecutor's office closed its investigation of the case in 1995,
citing lack of evidence. Following interest expressed by foreign
governments in the case, the Munich chief prosecutor indicated his
willingness to reopen the investigation if new evidence is developed.
Joint plaintiffs announced that they would appeal; however, there has
been no court action on the appeals.
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; however, in 2001 the
U.N. Committee for the Elimination of Racial Discrimination expressed
concern about ``repeated reports of racist incidents in police stations
as well as ill-treatment by law enforcement officials against
foreigners'' in the country.
The Government investigated abuses and prosecuted police who
mistreated persons in custody (see Section 1.a.).
There were a number of violent rightwing attacks on minority groups
and foreigners (see Section 5).
Prison conditions generally met international standards. A hunger
strike by thirty-two prisoners in Berlin's Tegel prison in 2001, in
which prisoners were protesting what they called poor living conditions
(the prison was built in the 19th century and renovations were
constrained by its status as a state historic site), ended when
authorities responded to some of the prisoners' demands. Men were held
separately from women, juveniles were held separately from adults, and
pretrial detainees were held separately from convicted criminals.
The Government permitted visits by independent human rights
monitors, although there were no reports that such visits were
requested during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Basic Law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. A person can be arrested only on the basis of an
arrest warrant issued by a competent judicial authority, unless the
person is caught in the act of committing a crime, or the police have
strong reason to believe that the person intends to commit a crime. If
there is evidence that a suspect might flee the country, police may
detain that person for up to 24 hours pending a formal charge. Any
person detained by police must be brought before a judge and charged
within 24 hours of the arrest. The court then must issue an arrest
warrant stating the grounds for detention or order the person's
release.
Police at times detained known or suspected rightwing and leftwing
radicals for brief periods when they believed such individuals intended
to participate in illegal or unauthorized demonstrations (see Section
2.b.). The rules governing this type of detention are different in each
state, with authorized periods of detention ranging from 1 to 14 days,
provided judicial concurrence is given within 24 hours of initial
apprehension. There were no reports of such detention during the year.
Detainees have access to lawyers. Only judges may decide on the
validity of any deprivation of liberty. Bail exists but seldom is
employed; the usual practice is to release detainees unless there is
clear danger of flight outside the country. In these cases, a person
may be detained for the course of the investigation and subsequent
trial. Such decisions are subject to regular judicial review, and time
spent in investigative custody applies toward the sentence. In cases of
acquittal, the Government must compensate the individual.
The Basic Law prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Basic Law provides for an
independent judiciary, and the Government generally respected this
provision in practice.
Ordinary courts have jurisdiction in criminal and civil matters.
There are four levels of such courts (local courts, regional courts,
higher regional courts, and the Federal Court of Justice), with appeals
possible from lower to higher levels. In addition to the ordinary
courts, there are four types of specialized courts: Administrative,
labor, social, and fiscal. These courts also have different levels, and
appeals may be made to the next higher level.
Separate from these five types of courts is the Federal
Constitutional Court, which is the supreme court. Among other
responsibilities, it reviews laws to ensure their compatibility with
the Basic Law and adjudicates disputes between different branches of
government on questions of competencies. It also has jurisdiction to
hear and decide claims based on the infringement of a person's basic
constitutional rights by a public authority.
The judiciary provided citizens with a fair and efficient judicial
process, although court proceedings at times were delayed because of
increasing caseloads. For simple or less serious cases, the Government
adopted a procedure allowing for an accelerated hearing and summary
punishment at the local court level. The maximum sentence for such
cases was limited to 1 year, and if a sentence of 6 months or more was
expected, a defense counsel was required to be present.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Basic Law prohibits such actions, and government
authorities generally respected these prohibitions; violations were
subject to effective legal sanction. For example, one regional court
upheld a ban on the wearing of headscarves by Muslim teachers in public
schools (see Section 2.c.).
Several hundred organizations were under observation by the federal
and state Offices for the Protection of the Constitution (OPC). The
OPCs were charged with examining possible threats to the constitutional
democratic system; they had no law enforcement powers, and OPC
monitoring by law could not interfere with the continued activities of
any organization. However, because the OPCs published a list of
organizations being monitored, being on the list could have a negative
influence on an organization's reputation, thus disturbing its normal
activities. In observing an organization, OPC officials sought to
collect information, mostly from written materials and first-hand
accounts, to assess whether a threat existed. At times more intrusive
methods, such as the use of undercover agents, were used, but they were
subject to legal checks (see Section 2.c.).
In May the European Court for Human Rights in Strassbourg issued a
ruling in the ``Kutzner Case,'' in which a local court in the state of
Lower Saxony in 1997 removed a couple's two daughters from their
custody because the couple were ``not intellectually capable of
providing their daughters with a proper upbringing.'' The couple, both
of whom have been employed continuously and who had not been diagnosed
medically with neurological abnormalities, fought the social service
system's actions to remove their children, claiming the removal was
arbitrary. The court in Strassbourg agreed, ruling that the German
authorities had violated the family's human rights, commenting that ``
. . . the fact that a child might be afforded better development in a
different environment does not in itself justify forcible separation of
the child from its biological parents.''
In March the federal Administrative Court ruled that wiretap
recordings of Helmut Kohl collected by the East German secret police
(Stasi) be sealed. The court stated that protection for Stasi victims
outweighed the value of releasing spy records on public figures.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Basic Law provides for freedom
of the press, and the Government generally respected this right in
practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
the press and of speech; however, there were some limits on freedom of
speech. Distribution of the propaganda of proscribed organizations,
statements inciting racial hatred and endorsing Nazism, and denying the
Holocaust, are illegal, and the authorities seek to block what they
consider dangerous material on the Internet.
There were more than 800 radio stations and nearly 400 television
stations in the country. In addition, there were hundreds of daily and
weekly newspapers and periodicals. Foreign broadcasts and publications
were available readily, particularly in the major cities. The media was
independent; a wide range of political and other opinions were
expressed freely.
There were approximately 120 Internet service providers. The law
bans access to prohibited material (for example, child pornography and
Nazi propaganda) on the Internet, and the Government explored ways to
expand bilateral and multilateral cooperation in countering Internet
crime. German officials estimated that there were approximately 800
Internet sites with what they considered objectionable or dangerous
rightwing extremist content. The Federal Court of Justice held that the
country's laws against Nazi incitement may apply to individuals who
post Nazi material on Internet sites available to users in the country,
even if the site resides on a foreign server.
In February and again in September, the Duesseldorf city
administration, through the North Rhine-Westphalia (NRW) media
regulatory agency, ordered several Internet service providers (ISPs) to
deny access to certain web sites with rightwing extremist content.
Fifteen ISPs separately have filed suits against this order in various
NRW courts; decisions were pending at year's end.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly, and the Government generally respected this
right in practice; however, outlawed organizations were not permitted
to hold public assemblies. Permits must be obtained for open-air public
rallies and marches, and state and local officials have the authority
to deny such permits when public safety concerns arise or when outlawed
organizations attempt to hold public assemblies. For example, rallies
and marches by neo-Nazis and rightwing radicals commemorating the death
of Nazi official Rudolf Hess were banned routinely.
The law provides for freedom of association, and the Government
generally respected this right in practice; however, the Basic Law
permits the banning of organizations whose activities were found to be
illegal or opposed to the constitutional democratic order as
established by the Basic Law. The Federal Constitutional Court is the
only body that can outlaw political parties on these grounds; under
this provision, the Court in the 1950s banned a neo-Nazi and a
Communist party. Federal or state governments may ban other
organizations on these grounds, but legal recourse against such
decisions is available. Such banned organizations included a number of
groups that authorities generally classified as rightwing or leftwing,
foreign extremist, or criminal in nature. Several hundred organizations
were under observation by the federal and state OPCs (see Section
1.f.).
In 2000 the Government established a commission of experts to
examine whether evidence against the rightwing extremist National
Democratic Party (NPD) would meet the threshold to support a legal ban,
which was demanded widely after a surge of rightwing extremist
activity. The Bundestag and Bundesrat filed separate petitions for the
banning of the NPD with the Court. A decision remained pending before
the Federal Constitutional Court at year's end.
The mayor of Munich banned all demonstrations during the February
Conference on Security Policy held in that city, citing a danger of
violence. Anti-globalization groups had advertised plans for large,
coordinated demonstrations at the Conference. Activists challenged the
ban, but it was upheld in the local court.
In December 2001, the Federal Interior Minister banned the
extremist Islamic organization Caliphate State on the grounds that the
organization ``actively worked to undermine the country's
constitutional order.'' The ban was possible due to enactment of the
Interior Ministry's first ``Security Package,'' specifically to a
section of the new law that removed a previous exception for religious
organizations. Members of the organization have filed several suits in
NRW courts against the ban and the accompanying searches and seizures
of the organization's assets; however, on November 27, in each case the
courts found for the state and upheld the ban.
c. Freedom of Religion.--The Basic Law provides for the freedom of
religion, and the Government generally respected this right in
practice; however, there was some discrimination against minority
religious groups.
Church and state are separate, although historically a special
relationship existed between the State and those religious communities
that had the status of a ``corporation under public law.'' If they
fulfill certain requirements, including assurance of permanence, size
of the organization, and no indication that the organization is not
loyal to the State, organizations may request that they be granted
``public law corporation'' status, which, among other things, entitles
them to levy taxes on their members that the State collects for them.
Organizations pay a fee to the Government for this service, and all
public law corporations do not avail themselves of this privilege. The
decision to grant public law corporation status is made at the state
level.
Religious organizations were not required to register; however,
most were registered and were treated like nonprofit associations and
therefore enjoyed tax-exempt status.
Several states, noting their responsibility to respond to citizens'
requests for information about nontraditional religious groups, have
published pamphlets detailing the ideology and practices of these
groups. While many of the pamphlets were factual and relatively
unbiased, others could harm the reputations of some groups through
innuendo and inclusion in a report covering known dangerous ``cults,''
``sects,'' or ``psychogroups.'' Scientology was the focus of many such
pamphlets, some of which warn of the alleged dangers posed by
Scientology to the democratic political order and free-market economic
system and to the mental and financial well being of individual
Scientology practitioners. For example, the Hamburg OPC published ``The
Intelligence Service of the Scientology Organization,'' which claimed
that Scientology tried to infiltrate governments, offices, and
companies, and that the church spied on its opponents, with the aim of
defaming and ``destroying'' them.
Within the federal system, the states showed large differences with
respect to their treatment of the Church of Scientology. One state,
Schleswig-Holstein, did not have Scientology under observation by its
OPC. Bavaria, on the other hand, announced in November that it might
seek to ban Scientology based on recommendations of a recently released
study commissioned by the state. The basis for the ban would be medical
malpractice associated with Scientology's ``auditing'' techniques. The
Bavarian Interior Ministry is expected to test a ban in courts during
2003.
A July ruling by the Federal Constitutional Court clarified the
Government's ``warning'' function with respect to nontraditional
religions. In a case pending since the 1980s involving the ``Bagwan/
Osho Spiritual Movement,'' the Court ruled that the Government is
allowed to characterize such nontraditional religions as sects, ``youth
religions,'' and ``youth sects,'' and is allowed to provide accurate
information about them to the public; however, the Government is not
allowed to defame them by using terms such as ``destructive,''
``pseudo-religion,'' or ``manipulative.''
The Church of Scientology, which operated 18 churches and missions,
remained under scrutiny by both federal and state OPCs, which contended
that its ideology is opposed to democracy. Since 1997 Scientology has
been under observation by the federal and state OPCs, with the
exception of Schleswig-Holstein's (see Section 1.f.). The federal OPC's
annual report for 2001 concluded that the original reasons for
initiating observation of Scientology in 1997 still were valid, but
noted that Scientology had not been involved in any criminal activity.
When the issue of OPC observation was discussed at the annual gathering
of state interior ministers in Bremen in December, the ministers also
acknowledged that Scientology had not been involved in illegal
activities.
In December 2001, the Berlin Administrative Court ruled that the
Berlin OPC was barred from using undercover agents or other covert
means for observing Scientology activities. However, the observation of
Scientology activities through other means (e.g., open sources or
electronic surveillance) was not affected by the ruling, which applied
only to the city-state of Berlin.
Government authorities contended that Scientology was not a
religion but an economic enterprise and therefore at times sought to
deregister Scientology organizations previously registered as nonprofit
associations and required them to register as commercial enterprises.
With the exception of the Church of Scientology in Baden-Wuerttemberg,
no Scientology organization in the country had tax-exempt status.
Until March 2001, the federal government required firms to sign a
declaration when bidding on government contracts stating that neither
the firm's management nor employees were Scientologists. In March 2001,
the Economics Ministry persuaded the federal and state interior
ministries to accept new wording that would only prohibit use of the
``technology of L. Ron Hubbard'' in executing government contracts.
Firms owned or managed by or employing Scientologists could bid on
these contracts. The private sector on occasion required foreign firms
that wished to do business in the country to declare any affiliation
that they or their employees may have with Scientology. Private sector
firms that screen for Scientology affiliations frequently cited OPC
observation of Scientology as a justification for discrimination. The
Federal Property Office barred the sale of some real estate to
Scientologists, noting that the federal Finance Ministry had urged that
such sales be avoided, if possible.
In August the federal Interior Ministry extended its refusal of
entry to the country (refusal to issue a visitor visa) to the founder
of the Unification Church, Reverend Sun Myong Moon, and his wife, Hak
Ja Har Moon. The couple had been refused entry to the country (and
through the Schengen Treaty visa ineligibility, to other Schengen
countries) since 1995, when the Chief Office for Border Security issued
a notice of refusal of entry for an initial period of 3 years. The
stated reason for refusal of entry was that Reverend Moon and his wife
were considered by the federal government to be leaders of a ``sect''
that endangered the personal and social development of young people;
therefore, their entry to the country would not be in the national
interest. The Government had extended the refusal of entry repeatedly,
last in August for a period of 2 years, citing only the original basis
for the refusal. Unification Church legal challenges to the refusal of
entry were unsuccessful, but continued at year's end.
In March the Baden-Wuerttemberg Administrative Court ruled that
Scientologists were not permitted to sell books and brochures in
pedestrian zones in the cities of Stuttgart and Freiburg. The court
noted that such activity required a permit, which the Church of
Scientology never applied for. The Church of Scientology argued that
this restriction violated the basic right of religious freedom;
however, the court did not accept this argument.
In September 2001, responding to an appeal by a Scientologist who
ran an au pair agency in Rheinland-Pfalz, the State Social Court upheld
the Kassel court's finding, ruled out further appeals, and barred the
woman from running the au pair agency.
On June 26, an administrative court upheld a 1998 ban in the
southern state of Baden-Wuerttemburg on Muslim teachers wearing
headscarves in the classroom. In July the Federal Administrative Court
affirmed the lower court's ban on teachers wearing headscarves. Muslim
students were free to wear headscarves.
Most public schools offered religious instruction in cooperation
with the Protestant and Catholic churches and were prepared to offer
instruction in Judaism if enough students expressed interest. A
nonreligious ethics course or study hall usually was available for
students not wishing to participate in religious instruction. The issue
of Islamic education in public schools continued to be controversial;
however, since 2000, the Islamic Federation has qualified as a
religious community and must be given the opportunity to provide
religious instruction in Berlin schools.
Scientologists continued to report instances of societal
discrimination; however, there were fewer reports during the year. In
the state of Bavaria, applicants for state civil service positions were
required to complete questionnaires detailing any relationship they may
have with Scientology. Currently employed civil servants were not
required to provide this information. The questionnaire specifically
stated that the failure to complete the form would result in the
employment application not being considered. However, previous court
cases have ruled in favor of employees who have refused. According to
Bavarian and federal officials, no one in Bavaria lost a job or was
denied employment solely because of association with Scientology;
Scientology officials confirmed this fact. A number of state and local
offices shared information on individuals known to be Scientologists.
There were numerous unconfirmed reports from Scientologists that they
were denied banking services when the account was to be opened under
the name of the Church of Scientology, and were denied the right to
rent facilities to hold meetings and seminars.
The Catholic and Lutheran churches in the country employed ``sect
commissioners'' to investigate and publish their opinions on those
groups they considered ``sects, cults, and psycho-groups.''
With an estimated four million adherents, Islam was the third most
commonly practiced religion in the country (after Catholicism and
Lutheranism). All branches of Islam were represented in the country,
with the large majority of Muslims coming from other countries. At
times this led to societal discord, such as local resistance to the
construction of mosques or disagreements over whether Muslims can use
loudspeakers in residential neighborhoods to call the faithful to
prayer. There also remained areas where the law conflicted with Islamic
practices or raised religious freedom issues.
In January the Federal Constitutional Court ruled that Muslim
butchers could apply for waivers of animal slaughtering regulations,
like other religious communities.
In the past, opposition to the construction of mosques was reported
in various communities around the country. There was no further
discussion of the dispute in Heslach regarding the construction of a
mosque.
There also was a case of a planned mosque in the Frankfurt suburb
of Roedelheim. Neighbors expressed concerns about an increase in
traffic if visitors came to attend services at the mosque. There were
newspaper reports of open opposition to the project voiced at citizen
meetings with the city administration. Leading city officials appeared
to support the construction of the mosque, but the case was pending at
year's end.
During the year, anti-Semitic incidents in the country received
increased media and law enforcement attention amid comments by several
Jewish community leaders that German Jews increasingly felt threatened.
Such incidents had occurred in the past; however, the context this time
was marked by significant pro-Palestinian public sentiment, harsh
criticism of Israeli policy by some well-known German politicians, and
anecdotal evidence of growing indignation toward Israel on the part of
Germany's Muslims.
It was common during the year to see groups of Hamas and Hizbollah
members and supporters marching together with antiglobalization
activists and even Green Party members of the German Bundestag at anti-
U.S. demonstrations. The Muslim extremist Hizb-ut-Tahrir organization
was able to rent space at a public university in Berlin in order to
have an anti-Israel meeting, attended also by leaders of German neo-
Nazi organizations. Both at anti-U.S. demonstrations and in Muslim
extremist meetings and seminars, calls to violence against Jews were
common. State and federal authorities have begun to investigate
possible links between neo-Nazi and Muslim extremist organizations.
Crimes that were classified by the police as anti-Semitic are:
propaganda inciting racial hatred (e.g., distribution of anti-Semitic
literature, hate letters sent to Jewish institutions), destruction of
property (e.g., desecration of Jewish memorials by graffiti, bombing or
vandalism of Jewish sites), and assaults on persons (e.g., physical
and/or verbal abuse of a person wearing a Jewish symbol). During the
first few months of the year in Berlin, there were approximately 50
attacks compared with 106 in 2001. Desecration of memorial sites
dedicated to victims of Nazi crimes was common. In September an attack
on a museum dedicated to a Nazi death march in Brandenburg involved the
planting of sophisticated incendiary devices, which resulted in
extensive property damage.
Government authorities on all levels took anti-Semitic activities
very seriously and consistently have taken a strong stance against it.
Police forces continued to provide protection for Jewish sites and some
Jewish leaders, and in some cases have increased the level of
protection.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Basic Law provides for these rights,
and the Government generally respected them in practice. For ethnic
Germans from Eastern Europe and the former Soviet Union, the Basic Law
provides both for citizenship immediately upon application and for
legal residence without restrictions. The law provides that children
born to legal foreign residents may be granted citizenship. Individuals
may retain both German citizenship and that of their parents until the
age of 23, when they must choose one or the other. The law reduced the
period of residence legal foreign residents must spend in the country
in order to earn the right to naturalize from 15 to 8 years.
Legislation aimed at rationalizing immigration law passed the
Bundestag during the 2002 legislative session; however, the federal
Constitutional Court in Karlsruhe ruled in December that the procedures
followed during Bundesrat ratification were unconstitutional. New
immigration legislation is expected to be taken up again during the
2003 session.
The Basic Law and subsequent legislation provide 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.
Both the Federal government and state governments cooperated with the
office of U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees, although immigration
matters were primarily a state-level responsibility.
Individuals attempting to enter via a ``safe third country'' (any
country in the European Union (EU) or adhering to the Geneva Convention
on Refugees) were ineligible for asylum and could be turned back at the
border or returned to that ``safe third country'' if they managed to
enter the country. Persons coming from any country which officials
designated as a ``safe country of origin'' could not claim asylum, and
individuals whose applications were rejected on these grounds had up to
2 weeks to appeal the decision. Individuals who arrived at an
international airport and who were deemed to have come from a ``safe
country of origin'' could be detained at an airport holding facility.
In these cases, the Federal Office for the Recognition of Foreign
Refugees was required to make a decision on an asylum application
within 48 hours or allow the person to enter the country. The person
could appeal a negative decision to an administrative court within 3
days, and the court was required to rule within 14 days or allow the
individual to enter the country. Although stays in the airport facility
in theory are limited to a maximum of 19 days, applicants whose claims
were rejected, but who could not be deported immediately, have been
held at the airport for months, a practice criticized by some refugee
assistance groups and human rights advocates (see Section 1.c.).
Applicants who entered the country and were denied asylum at their
original administrative hearing could challenge the decision in court,
and 80 percent of applicants denied asylum did so. Approximately 3 to 4
percent of such rejections were overturned. The rejected applicant was
allowed to remain in country during the course of the appeal, which
usually took at least a year and sometimes significantly longer.
Applicants received housing and other social service benefits during
this time. Since 2000 applicants for asylum and civil war refugees have
been allowed to work after a 1-year waiting period. Individuals who
failed to cooperate during the deportation process or who were deemed
liable to flee to avoid deportation could be held in predeportation
detention, with the average detention period lasting 5 to 6 weeks.
Some foreigners whose asylum applications were rejected, but who
would be endangered if they were returned to their home country, such
as those fleeing civil wars, received temporary residence permits;
however, they were expected to leave when conditions in their home
country allowed for their safe return. The vast majority of the
approximately 345,000 Bosnians and the approximately 200,000 Kosovars
whom the Government admitted during the conflict in the former
Yugoslavia fell into this category; most of these persons since have
been repatriated or resettled outside of the country. For the remaining
Bosnians and Kosovars, once their residence permits expired, they could
be deported, although some exceptions were made for certain vulnerable
groups, such as members of ethnic minorities, including Serbs, Roma,
Ashkalia, and Muslim Slavs. In a number of cases, there also were
exceptions made for medical reasons. The Government continued to
support voluntary return programs for refugees from the former
Yugoslavia, providing financial incentives of between $765 and $2,250
(765 and 2,250 euros) to help cover travel and resettlement costs; many
states provided additional resettlement funds. However, failure to
accept voluntary repatriation subjected these refugees to the threat of
deportation, forced them to leave their personal property behind, and
excluded them from reentering the country for a 5-year period.
In some cases, unsuccessful asylum seekers attempt to thwart their
deportation by refusing to disclose to authorities their country of
origin or their identity. This situation was prevalent among asylum
seekers from West Africa; however, it is also not unusual among asylum
seekers from the former Soviet Union. Bavaria attempted to speed up
repatriation of uncooperative rejected asylum seekers by opening
``departure facilities,'' i.e., communal accommodations where
foreigners are housed while authorities obtain valid information
regarding their identity and citizenship. A new departure center was
opened on a trial basis in Fuerth, and was planned to house 50
unsuccessful uncooperative asylum seekers from the former Soviet Union.
Some refugee-rights and church organizations criticized the Fuerth
center as inhumane. They claimed that the basic amenities and relative
lack of freedom of movement exerted psychological pressure on the
residents. Bavarian authorities countered that the center's emphasis on
counseling and job skill development promoted the residents'
willingness to depart voluntarily and enhanced their chances of success
in their home countries.
During the year, police in Trier, Rhineland-Palatinate, allegedly
forced an Armenian asylum applicant to submit to an examination of his
genitalia. The police asserted that the applicant submitted voluntarily
to the examination, and that the examination was necessary to determine
his nationality. The applicant claimed that the examination was forced.
Refugee rights groups requested an investigation and that the police
officers be held accountable. The police investigated the incident; no
indictments were handed down by the Public Prosecutor by year's end.
The right of most Kosovar refugees to stay in the country expired
in spring 2000 and most states began regular deportations in March
2000. During 2001 approximately 4,500 Kosovar refugees were deported
and approximately 8,200 returned home on a voluntary basis. Some
national officials, the UNHCR, and domestic refugee support
organizations have cautioned that the refugees' place of origin and
ethnicity should be given careful consideration in the implementation
of Kosovar returns. Incentive programs for the voluntary return of
Bosnian and Kosovar refugees remained in effect, but on a reduced scale
compared to earlier years. In the first 6 months of the year, 1,160
refugees from Kosovo returned voluntarily, compared with 2,239 during
the same period in 2001.
State authorities, working in close cooperation with the
International Organization for Migration (IOM), the UNHCR, and other
domestic nongovernmental organizations (NGOs), continued to repatriate
Bosnian refugees, unless they qualified for an extension of stay on
certain humanitarian grounds. In 2000 the Federal and State Interior
Ministers decided at their annual meeting to grant severely traumatized
Bosnians and their family members, including unmarried adult children,
temporary residence permits for the duration of their medical
treatment. In addition, the Government would permit some older Bosnian
refugees, as well as some categories of Kosovars (such as orphaned
children, ethnically mixed couples from areas with no minority
protection, and war crimes tribunal witnesses) to stay in the country.
Refugee assistance organizations have expressed concern regarding
courts' interpretations of certain provisions related to the right of
asylum, notably the practice of excluding ``quasi-governmental''
persecution as a basis for granting asylum. In 2000 the Federal
Constitutional Court ruled that lower courts had erred in denying
asylum to three Afghan applicants because their persecutors were not a
state government but members of a Mujahadeen group--a quasi-
governmental entity. The case was remanded back to the lower court with
instructions to reconsider the issue of quasi-governmental persecution.
The lower court confirmed that ``quasi-governmental'' persecution is
excluded as a basis for asylum decisions. In response to the
Constitutional Court ruling, the Federal Office for the Recognition of
Foreign Refugees postponed making decisions in all pending asylum cases
involving quasi-governmental persecution until the lower court reissues
its ruling.
In July the case of the ethnic Turkish juvenile delinquent Mulis A.
(``Mehmet'') resurfaced. Mehmet, a Turkish citizen, was born in Germany
to Turkish parents resident in Germany for 30 years. By the age of 14,
he had committed several criminal offenses. In 1999 Munich authorities
cancelled Mehmet's residence permit; however, his parents refused to
leave the country. The court ruled that Mehmet could be deported
without his parents, and he was forcibly expelled to Turkey, where he
lived with relatives for more than 2 years. In July the Federal
Administrative Court ruled that Mehmet's crimes were not serious enough
to warrant revocation of his residence permit and ordered that it be
restored immediately. The city complied, and Mehmet returned to Bavaria
(now as an adult).
An investigation into the 1999 death of a Sudanese asylum seeker
who died during a deportation flight while in the custody of the
Federal Border Police remained pending at year's end (see Section
1.a.). As a result of this incident, the Federal Interior Ministry
instituted new deportation procedures that prohibit methods that could
hinder breathing.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Basic Law provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections. Members of Parliament's
first chamber, the Bundestag, are elected every 4 years from a mixture
of direct-constituency and party-list candidates on the basis of
universal suffrage and secret balloting. The second chamber, the
Bundesrat, is composed of delegations from state governments; there are
no collective Bundesrat elections.
In the Bundestag, there were two major political parties, the
Social Democrats (SPD) and the Christian Democratic Union/Christian
Social Union (CDU/CSU), as well as two smaller parties, the Free
Democrats (FDP) and the Greens. Parties that failed to win either 5
percent of the vote nationwide or three seats in head-to-head contests
(``direct mandates'') were not allotted their proportional share of
seats (although they retain any seats won directly). In the September
22 national elections, the PDS won two direct mandates, but failed to
gain the 5 percent needed; therefore, there were only two PDS deputies
in the new Bundestag. The federal Constitutional Court may outlaw
political parties that actively work to undermine the liberal
democratic order (see Section 2.b.).
The law entitles women to participate fully in political life, and
a growing number are prominent in the Government and the parties. Less
than 31 percent of the members of the Bundestag were women. Women
occupied 7 of 15 Federal Cabinet positions. On the Federal
Constitutional Court, 5 of the 16 judges were female, including the
Chief Justice. Two of the parties represented in the Bundestag were
headed by women: The CDU and the Greens/Alliance 90 (co-chaired by a
woman and a man). All of the parties had undertaken to enlist more
women. The Greens/Alliance 90 Party required that women constitute half
of the party's elected officials; and 57.5 percent of the Party's
federal parliamentary caucus members are women. The Social Democrats
had a 40-percent quota for women on all party committees and governing
bodies, and they met that goal. The Christian Democrats required that
30 percent of the first ballot candidates for party positions be women,
a goal that they met.
There were two Turkish-German Bundestag deputies, and one German-
Indian mixed race deputy in the Bundestag.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of international and domestic human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were very cooperative and responsive to their views.
In 2000 the Bundestag voted to create the National Institute for
Human Rights, an autonomous foundation whose function will be to
monitor human rights domestically and abroad and to promote education
and scientific research in the field. The Institute was founded in 2001
and is expected to begin full operation during 2003.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits the denial of access to housing, health care, or
education on the basis of race, disability, sex, ethnic background,
political opinion, or citizenship.
Women.--Violence against women was a problem and was underreported.
In 2001 countrywide, 7,891 cases of rape were reported, 5 percent more
than in 2000. The law prohibits violence against women and the
Government has implemented a vast array of legal and social structures
to combat it. Societal attitudes toward such violence are strongly
negative, and legal and medical recourse are available. During the
year, the Government conducted campaigns in schools and through church
groups to bring public attention to the existence of such violence and
supported numerous pilot projects to combat such violence throughout
the country. For example, there were 435 ``women's houses,'' including
115 in the eastern states (excluding Berlin), where victims of violence
and their children could seek shelter, counseling, and legal and police
protection. In the last few years, the Federal Ministry for Women and
Youth has commissioned a number of studies to obtain information on
violence against women, sexual harassment, and other matters.
Prostitution is legal in the country. Lawmakers have approved new
rules affording prostitutes more benefits such as the chance to enter
the social security system and to use the courts to obtain payment for
their services.
Trafficking in women was a serious problem (see Section 6.f.).
There were no reports that women were victims of sexual harassment.
The Government continued to implement its multiyear action plan,
``Women and Occupation.'' The program promoted the equality of women
and men in the workforce, including increased vocational training for
women, greater representation of women in political advisory councils,
and the promotion of female entrepreneurs through government grants and
participation in regional projects earmarked for women. The Federal
Ministry for Families, the Elderly, Women, and Youth also announced a
multiyear initiative designed to increase the number of women and girls
who receive training in information technology (IT) and in media
careers, with the goal of raising the number of IT-training slots to
60,000 by 2003 and the share of female IT-trainees to 40 percent by
2005. The law provides for equal pay for equal work; however, in
practice many employers categorized individual jobs held by women
differently from the same job held by a man, thereby creating
inequalities in pay for men and women. Union contracts typically
identified categories of employment in which participants are to be
paid less than 100 percent of the wage of a skilled laborer covered by
the same contract. Women were represented disproportionately in these
lower-wage scale occupations. In general a women's average monthly
income was lower than a man's average monthly income. However, if
factors such as differences in age, qualification, occupational
position, structure of employment or seniority are taken into
consideration, women usually were not discriminated against in terms of
equal pay for equal work, although they were underrepresented in well
paid managerial positions.
In 2000 the European Court of Justice ruled that the Government's
prohibition on women in combat roles in the armed forces violated EU
directives against discrimination based on gender. The Government
accepted the ruling and in 2000 amended the Basic Law to open all
military jobs to women on a voluntary basis. The first group of 244
women reported for duty in January 2001. The integration of women into
new armed forces roles took place without problems.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded systems of public education and
medical care. Public education was provided free of charge through the
university level and was mandatory through the age of 16; almost all
children attended school on a daily basis.
Child abuse was a problem. The law stresses the need for preventive
measures, and in response the Government has increased its counseling
and other assistance to abused children.
The Criminal Code provides for the protection of children against
pornography and sexual abuse. For possession of child pornography, the
maximum sentence is 1 year's imprisonment; the sentence for
distribution is 5 years. The law makes the sexual abuse of children by
citizens abroad punishable even if the action is not illegal in the
child's own country. Due to increased law enforcement efforts in this
area, 2,745 arrests for possession or distribution of child pornography
were made in 2001, an increase of 72 percent over 2000.
Trafficking in girls was a serious problem (see Section 6.f.).
Persons with Disabilities.--The Basic Law specifically prohibits
discrimination against persons with disabilities, and there were no
reports of discrimination against persons with disabilities in
employment, education, or in the provision of other state services. The
law mandates several special services for persons with disabilities;
they are entitled to assistance to avert, eliminate, or alleviate the
consequences of their disabilities and to secure employment
commensurate with their abilities. The Government offered vocational
training and grants for employers who hired the disabled. Persons with
severe disabilities could be granted special benefits, such as tax
relief, free public transport, special parking facilities, and
exemption from radio and television fees.
The Government set guidelines for the attainment of ``barrier-
free'' public buildings and for modifications of streets and pedestrian
traffic walks to accommodate persons with disabilities. All 16 states
incorporated the federal guidelines into their building codes, and 98
percent of federal public buildings follow the guidelines for a
``barrier-free environment.'' There were no reports of societal
discrimination against persons with disabilities.
National/Racial/Ethnic Minorities.--The authorities' concerns about
terrorism in the last year have led to a reduction of police resources
directed at right- and left-wing extremism. The OPC Report for 2001
stated that during the year there were 709 violent right-wing extremist
crimes; of these, 18 were anti-Semitic and 374 were anti-foreigner.
There were also 9,345 non-violent right-wing extremist crimes, mostly
propaganda offenses (6,336). During 2001 there were 750 violent left-
wing extremist crimes, and 1,145 non-violent left-wing extremist
crimes. Also in 2001 there were 84 violent crimes perpetrated by
members of extremist foreign organizations for political reasons, and
427 non-violent crimes perpetrated by these foreigners.
Harassment of foreigners and racial minorities, including beatings,
remained very common throughout the country. Media reports indicated
that several such incidents occurred per week. In May an ethnic German
immigrant from Russia was stoned to death by a group of neo-Nazis in
the town of Wittstock (Brandenburg), the location of a government
housing facility for 300 Russian immigrants. This high-profile case and
the known concentration of leaders of the ``right-wing scene'' in the
area led Brandenburg authorities to form a special police task force to
address right-wing extremist crime in northwest Brandenburg. In
December a group of approximately ten ``skinheads'' taunted a black man
with racist slurs and beat him with a baseball bat in the town of
Voerde (North Rhine-Westphalia). The man was left lying on a rapid-
transit train platform where the attack occurred. The perpetrators
escaped by boarding a train.
``Membership'' in rightwing organizations was difficult to
ascertain; however, authorities estimated that there were approximately
1,500 persons nationwide who were leaders of rightwing activities.
Authorities estimated an additional 10,000 persons were sympathizers.
A 24-year-old rightwing extremist was sentenced to life in prison
for the murder of Alberto Adriano (from Mozambique); his two 16-year-
old accomplices were each sentenced to 9 years in prison. All three
were imprisoned at year's end.
After a 17-month trial by a court in Cottbus (Brandenburg), 3 of
the 11 juvenile defendants in the Farid Guenduoul case were acquitted
and the rest were found guilty and given ``warning'' sentences that did
not require jail time. The court found that the youths, from the town
of Guben, had followed and harassed Guendoul and two other foreigners,
and that Guendoul, out of fright, had jumped through a window and
sustained fatal injuries. Relatives of Guendoul from Algeria were
contemplating an appeal of the sentences.
The Federal government and state governments remained firmly
committed to combating and preventing rightwing violence, although
police resources increasingly were allocated to address the terrorist
threat. In 2000 Federal and State Interior Ministers agreed on a slate
of measures to combat extremist violence, which included increased
physical protection of Jewish and other potential targets, the creation
of a national register of violent rightwing extremists, increased
patrolling or video monitoring by the border police in transit
stations, and the prosecution of illegal rightwing content on the
Internet (see Section 2.a.). The Federal Border Police also established
a hot line for concerned citizens to report rightwing crimes. The
Government announced that it would use $34 million (34 million euros)
from the EU Social Fund for antirightwing initiatives, to be cofinanced
by the states or communities wishing to apply for project funds. In
addition a number of state and local governments continued programs to
crack down on rightwing extremist activities and to engage young
persons considered most ``at risk'' for rightwing behavior.
In April the 8th Party Congress, the PKK (Kurdistan Communist
Party) declared that its historic mission was completed and called for
a halt to all activities by members. However, during the year there was
a signature collection drive for a petition by PKK members in North
Rhine-Westphalia (NRW). This led to the authorities' discovery of the
identities of many PKK members, many of whom were indicted on charges
of extremist leftwing activity, consistent with the Government's ban of
the PKK.
The Government protected and fostered the languages and cultures of
national and ethnic minorities that traditionally lived in the country
(for example, Serbs, Danes, Roma, Sinti, and Frisians). Although the
Government recognized the Sinti and Roma as an official ``national
minority'' since 1995, the federal and state interior ministries
resisted including Romani among the languages to be protected under
relevant EU statutes. Critics contended that the Sinti/Romani minority
was the only official national minority that did not have unique legal
protection, political privilege, or reserved representation in certain
public institutions.
Resident foreigners and minority groups continued to voice credible
concerns about societal and job-related discrimination. Unemployment
affected foreigners disproportionately, although at times this was due
in part to inadequate language skills or nontransferable professional
qualifications of the job seekers (see Section 6.e.). The Federal
government and all states established permanent commissions to assist
foreigners in their dealings with government and society.
Section 6. Worker Rights
a. The Right of Association.--The Basic Law provides for the right
to associate freely, choose representatives, determine programs and
policies to represent workers' interests, and publicize views, and
workers exercised these rights. Approximately 28.5 percent of the total
eligible work force belonged to unions. The German Trade Union
Federation (DGB) represented approximately 85 percent of organized
workers.
The law effectively protects workers against antiunion
discrimination. Labor courts are courts of first instance; therefore,
complainants file their cases directly with the labor courts.
Specialized labor court judges render decisions in these cases.
The DGB participated in various international and European trade
union organizations, including the European Trade Union Confederation
(ETUC) and the International Confederation of Foreign Trade Unions
(ICFTU).
b. The Right to Organize and Bargain Collectively.--The Basic Law
provides for the right to organize and bargain collectively and workers
exercised these rights. Collective bargaining was widespread due to a
well-developed system of autonomous contract negotiations; mediation
was used infrequently. Basic wages and working conditions were
negotiated at the industry level. However, some firms in the eastern
part of the country refused to join employer associations or withdrew
from them and then bargained independently with workers. In addition,
some firms in the west withdrew at least part of their work force from
the jurisdiction of employer associations, complaining of rigidities in
the industrywide, multicompany negotiating system; however, they did
not refuse to bargain as individual enterprises. The law mandates a
system, known as co-determination, whereby workers are able to
participate in the management of the enterprises in which they work
through ``works councils'' and worker membership on boards of
directors.
The Basic Law provides for the right to strike, except for civil
servants (including teachers) and personnel in sensitive positions,
such as members of the armed forces. In the past, the International
Labor Organization (ILO) criticized the Government's definition of
``essential services'' as overly broad. The ILO continued to seek
clarifications from the Government on policies and laws governing the
labor rights of civil servants.
In May more than 100,000 workers from 85 firms organized a week-
long strike, demanding pay increases and more jobs. It was the
country's first large-scale strike in 7 years. This was followed by a
construction industry strike in June, the first since World War II.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Basic Law prohibits
forced or bonded labor, including by children, and there were no
reports that such practices occurred.
In 2000 agreement was reached among eight nations, German
companies, and victims' representatives on the establishment of a
German foundation that will distribute funds for payments to private
and public sector Nazi era forced and slave laborers and others who
suffered at the hands of German companies during the Nazi era. The
Government and German companies each will contribute $2.3 billion (2.3
billion euros) to the ``Remembrance, Responsibility, and the Future
Foundation,'' which was established under the law. The Foundation
concluded agreements with partner organizations such as the IOM that
are to receive Foundation funds in order to process and pay claims
according to agreed procedures and subject to audit. Payments to former
forced laborers began in July 2001. Since then the Foundation has paid
approximately $2 billion (2 billion euros) to more than one million
claimants worldwide.
In October the Foundation signed an agreement with the
International Commission on Holocaust Era Insurance Claims, marking
another important step in the country's cooperative efforts to address
the injustices of World War II and the National Socialist era. This
agreement on procedures should enable the International Commission to
compensate unpaid or confiscated Holocaust-era insurance claims.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under the age
of 15, with a few exceptions: Those 13 or 14 years of age may do farm
work for up to 3 hours per day or may deliver newspapers for up to 2
hours per day; and those 3 to 14 years of age may take part in cultural
performances, albeit under stringent curbs on the kinds of activity,
number of hours, and time of day. The Federal Labor Ministry
effectively enforced the law through its Factory Inspection Bureau.
e. Acceptable Conditions of Work.--There was no legislated or
administratively determined minimum wage; wages and salaries were set
either by collective bargaining agreements between unions and employer
federations or by individual contracts. Covering approximately 90
percent of all wage and salary-earners, the collective bargaining
agreements set minimum pay rates and were enforceable by law. These
minimums provided a decent standard of living for a worker and family.
Federal regulations limit the workweek to a maximum of 48 hours,
but the number of hours of work per week was regulated by contracts
that directly or indirectly affect 80 percent of the working
population. The average workweek for industrial workers was 36 hours in
the western part of the country and approximately 39 hours in the
eastern states; rest periods for lunch were accepted practices.
Provisions for overtime, holiday, and weekend pay varied depending upon
the applicable collective bargaining agreement.
There was an extensive set of laws and regulations on occupational
safety and health. A comprehensive system of worker insurance carriers
enforces safety requirements in the workplace. The Labor Ministry and
its counterparts in the states effectively enforced occupational safety
and health standards through a network of government bodies, including
the Federal Institute for Work Safety. At the local level, professional
and trade associations--self-governing public corporations with
delegates both from the employers and from the unions--oversaw worker
safety. The law provides for the right to refuse to perform dangerous
or unhealthy work without jeopardy to continued employment.
Foreign workers legally in the country were protected by law and
generally worked in conditions equal to that of citizens; however, wage
discrimination affected legal foreign workers to some extent. For
example, foreign teachers in some schools were paid less than their
German counterparts. In addition, seasonal workers from Eastern Europe
who came to the country on temporary work permits often received wages
below normal German standards. Workers from other EU countries at times
were employed at the same wages that they would receive in their home
country, even if the corresponding German worker would receive a higher
wage. Foreigners who were employed illegally, particularly in the
construction industry in Berlin, were likely to receive substandard
wages.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in persons, primarily women and girls for
sexual exploitation, was a serious problem.
The law specifically prohibits trafficking in persons and
trafficking in persons is punishable by up to 10 years' imprisonment.
The Federal Criminal Office and state police actively investigated
cases of trafficking and published their findings in an annual
trafficking report. In the 2001 report, officials counted and
registered 746 trafficked victims--26 percent fewer than in 2000.
However, these numbers referred to trafficking for the purposes of
sexual exploitation only and did not include trafficking for other
purposes. The Federal Ministry for Families, the Elderly, Women, and
Youth headed an interagency working group to coordinate the efforts of
state and federal agencies to combat trafficking and to aid victims of
trafficking. The Federal Criminal Office offered a 2-week seminar twice
a year to train police officers from all over the country in the
handling of trafficking cases. The federal and state governments worked
actively with NGOs and local women's shelters in combating human
trafficking. The Government published a brochure that provided
information on residency and work requirements, counseling centers for
women, health care, warnings about trafficking, and information for
sex-industry workers that was printed in 13 languages and distributed
by NGOs and German Consulates abroad.
The Federal government continued a multiyear ``Action Plan to
Combat Violence Against Women.'' This effort included the creation of a
number of combined federal and state working groups, with the
participation of relevant NGOs, to address possible legislative
changes, public educational campaigns, and opportunities for greater
institutional cooperation. Under this program, the Government planned
to spend approximately $373,000 (373,000 euros) over 3 years to
establish a ``National Coordination Group Against Trafficking in Women
and Violence Against Women in the Migratory Process.''
In September police in Rhineland-Palatinate and Saarland arrested
14 persons, including an army colonel, for running a human trafficking
ring. The arrests were the result of effective collaboration between
German and Polish authorities, who obtained incriminating information
from a woman arrested in Poland.
Germany was a destination and transit country for trafficking in
persons, overwhelmingly women and girls. Most trafficking victims were
women and girls between the ages of 16 and 25 who were forced to work
as prostitutes; according to police statistics, less than 0.5 percent
of trafficking victims were men or boys. Estimates varied considerably
on the number of women and girls trafficked to and through the country;
they ranged from 2,000 to 20,000 per year. Approximately 80 percent of
trafficking victims came from Eastern Europe and the countries of the
former Soviet Union, primarily from Poland, Ukraine, Russia, Moldova,
Lithuania, Slovakia, Latvia, and the Czech Republic. Frequently crime
rings would traffic women who already had been caught in, and deported
from, one European country to another European country. The other 20
percent of trafficking victims came from Southeast Asia, Africa, and
Latin America.
Traffickers used fake employment offers, arranged marriages, fraud,
and coercive measures to find victims and used various methods to
insure their compliance, including threats of ``selling'' the victim to
other traffickers, threats against family members in the country of
origin, physical violence, and the withholding of documents.
The Ministry has lobbied states successfully to provide victims of
trafficking who had been detained by police 4 weeks to leave the
country, rather than have them face immediate deportation. The 4-week
grace period allowed the victims time to decide whether to cooperate
with police on investigations of those suspected of trafficking. During
this time, the women were housed, fed, and provided counseling.
However, the interagency Working Group on Trafficking in Women and NGOs
claimed that the directive allowing a 4-week grace period was not
applied uniformly or correctly. According to the Working Group, victims
often were deported immediately after being taken into custody. Those
who cooperated, although they are very few in number, were granted a
temporary stay for at least part of the proceedings and could be
eligible for witness protection at the state level. In three past
cases, the children of women in such witness protection programs were
brought to the country to prevent possible retaliation against them due
to their mother's testimony; however, protection ends once the case is
concluded.
Because victims technically were illegal residents, they were not
allowed to work during the period of a trial, and because they do not
have a residence permit, they only qualified for financial assistance
under the federal Law on Payments for Asylum Seekers, which were lower
than regular welfare payments. Trafficking victims who could not afford
to pay for their return tickets home could be eligible for state and
federal funds for transportation and some pocket money.
The Federal government continued its funding of six counseling
centers for women from Central and Eastern Europe, and most states and
many communities cofinanced institutions that helped counsel and care
for victims of trafficking. The Government also funded the
``Coordination Network'' (Koordinierungskreis der Fachberatungsstellen/
KOK), a network of more than 30 NGOs that participated in processing
the caseload of victims of human trafficking. There were more than 30
organizations that fell under the network of the KOK. These
organizations provided food, shelter, and counseling to victims.
The country worked with the OSCE on social programs aimed at
preventing trafficking in persons. These programs targeted ``at risk''
young women in their countries of origin and provided information about
the dangers of trafficking as well as offering job skill development
assistance.
__________
GREECE
Greece is a constitutional republic and multiparty parliamentary
democracy in which citizens choose their representatives in free and
fair elections. The Panhellenic Socialist Movement (PASOK) won the
majority of parliamentary seats for a second consecutive term in
parliamentary elections held in April 2000. Its leader, Constantine
Simitis, has been Prime Minister since 1996. The New Democracy Party
was the main opposition party. The judiciary is independent.
The national police and security services are responsible for
internal security. Civilian authorities generally maintained effective
control of all security forces. The police and security services are
subject to a broad variety of restraints; however, some members of the
police and security forces committed human rights abuses.
The country had a market economy with a large public sector that
accounted for some 40 percent of the estimated gross domestic product
(GDP) of $125 billion for the year. With a population of 10.9 million,
residents enjoyed a high standard of living. Net flows from the
European Union (EU), mainly from structural adjustment funds and
subsidies, accounted for 3.3 percent of the country's GDP.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Security forces
personnel sometimes abused persons, particularly illegal immigrants and
Roma. There was one report of police torture of an illegal immigrant.
Overcrowding and harsh conditions continued in some prisons. Police
sweeps resulted in the detention of undocumented immigrants under often
squalid conditions. There were legal limits on the freedom of
association of ethnic minorities. Some leaders of minority religions
noted a general improvement in government tolerance, but others
reported difficulty with the authorities. Laws restrictive of freedom
of speech remained in force, and some legal restrictions and
administrative obstacles on freedom of religion persisted. Violence and
discrimination against women were problems. Discrimination against
ethnic minorities and Roma remained a problem. There were reports that
foreign children were forced into begging. Trafficking in women and
children into the country for the purpose of prostitution was a
problem. Greece was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary and Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In October a government inquiry and an internal police council
found a police officer guilty of the shooting death of Rom Marinos
Christopoulous in October 2001. They recommended that the police
officer be dismissed from the police force; however, he had not been
dismissed by year's end.
There were no deaths resulting from terrorist activity during the
year. The terrorist group November 17 claimed responsibility for 23
killings since 1975. By year's end, police had arrested 19 suspected
members of the group.
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 law
makes the use of torture punishable by a sentence of 3 years' to life
imprisonment; however, security force personnel occasionally abused
persons, particularly illegal immigrants and Roma (see Section 5). A
Report on Greece issued in May 2001 by the U.N. Committee Against
Torture expressed concern about the excessive or unjustifiable use of
force by police against ethnic and national minorities and foreigners.
In January a policeman allegedly kicked a pregnant woman during a raid
on the Apropyrgos Roma camp; she later miscarried. No disciplinary
action was taken.
Yannis Papacostas alleged that he was beaten and tortured on August
18 in a police station near Athens after being arrested for a driving
offense. Greek Helsinki Monitor and the World Organization Against
Torture alleged, that on June 25, police tortured Nigerian national
Joseph Okeke after he resisted deportation. The Ministry of Public
Order announced investigations into both incidents which were not
concluded at year's end.
By year's end, no one had been charged in the reported June 2001
abuse by Port Authority personnel of 164 migrants who came ashore in
Hania, Crete.
After an internal inquiry into the police beating of a man in
Rhodes in July 2001, no one was arrested or charged.
Roma experienced police abuse more frequently than some other
groups. Amnesty International called on the authorities to conduct an
impartial investigation into allegations made by Andreas Kalamiotis, a
21-year-old Rom, who claimed that he was beaten and mistreated by
police in July 2001 while in custody for disturbing neighbors in Aghia
Paraskevi with loud music. The Ombudsman wrote to the police in 2001
and this year to request an administrative inquiry; however, no action
had been taken at year's end. By year's end, no one had been charged in
the police beating of a Rom during a traffic stop in Nafplio in
September 2001.
Immigrants--mostly Albanian citizens--accused police of physical,
verbal, and other mistreatment (including the confiscation and
destruction of their documents), particularly during police sweeps to
apprehend illegal immigrants (see Section 2.d.). The severity of this
problem did not diminish during the year despite legislation that
extended a program to allow immigrants to regularize their status.
The European Committee for the Prevention of Torture (CPT) carried
out one of its periodic visits during September 2001. The committee
reviewed developments concerning the treatment and detention conditions
of persons held under laws concerning aliens. The CPT found that ill-
treatment of detainees by law-enforcement officials was a serious
problem. The ill-treatment included kicks, blows with hands, fists,
batons or other objects, excessive force at the time of arrest and ill-
treatment of prisoners during transfers. The CPT also found that
detention conditions by law enforcement agencies varied from
``acceptable'' to ``unacceptable.'' The Committee found that the
principal obstacle to providing decent conditions in prisons was severe
overcrowding.
In August 2000, two foreigners accused police in Crete of
mistreatment while under detention. There was no investigation into or
action taken in this case by year's end.
During the year, the Bureau of Internal Affairs of the Ministry of
Public Order took several disciplinary measures, including dismissal
and suspension, against officers involved in corruption, mainly for the
forging of documents and the taking of bribes for illegal construction.
During the period of October 1999 to August 2002, 1,609 complaints were
filed. Most cases involved violation of duty, false certificates, abuse
of power, corruption, violations with arms and explosives, illegal
release of persons in police custody, pimping, and various violations
relating to alien registration. Lawsuits were filed in 364 cases
against 222 policemen and 202 civilians by year's end.
Local police corruption facilitated trafficking in persons (see
Section 6.f.).
Numerous anarchist and extremist groups attacked a wide spectrum of
targets, mostly commercial property, during the year. There were
occasional firebomb attacks on vehicles and commercial offices during
the year.
Conditions in some prisons remained harsh due to substantial
overcrowding and outdated facilities. As of September, the Ministry of
Justice reported that the total prison population was 8,328 inmates,
while the total capacity of the prison system was 5,284. In general
juveniles were held separately from adults, and women were held
separately from men. Pre-trial detainees were held together with
convicted prisoners awaiting trials in Korydallos Prison.
The CPT found that conditions were acceptable in the Amygdaleza
detention center for illegal alien women. The CPT found that the
Drapetsona detention center conditions were unhygienic. The Ministry of
Justice continued its program to improve prison conditions and expand
capacity. Construction continued on four new prisons. During the June
visit of the Commissioner for Human Rights for the Council of Europe,
the Justice minister said that plans for 17 new prisons were underway
but that local opposition was delaying their construction.
The Government permitted prison visits by independent human rights
observers, and several took place during the year; however, it did not
consistently allow visits to police detention centers.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, throughout the year,
the police conducted large-scale sweeps and temporarily detained, often
under squalid conditions, large numbers of foreigners while determining
their residence status (see Section 2.d.). Some of these detentions
occurred indefinitely with no judicial review.
The Constitution requires judicial warrants for all arrests, except
during the commission of a crime, and the law prohibits arbitrary
arrest orders; the authorities generally respected these provisions in
practice. By law the police must bring persons who are detained or
arrested before an examining magistrate within 24 hours. The magistrate
must issue a detention warrant or order the release of the detainee
within three days, unless special circumstances warrant a 2-day
extension of this time limit.
Defendants brought to court before the end of the day following the
commission of a charged misdemeanor offense may be tried immediately,
under an ``expedited procedure.'' Although legal safeguards, including
representation by counsel, apply in expedited procedure cases, the
short period of time may inhibit defendants' ability to present an
adequate defense. Defendants may ask for a delay to provide time to
prepare their defense, but the court is not obliged to grant it. The
expedited procedure was used in less than 10 percent of applicable
cases.
The effective legal maximum duration of pretrial detention was 18
months for felonies and 9 months for misdemeanors in practice. Defense
lawyers assert that pretrial detention was exceedingly long and
overused by judges. A panel of judges may grant release pending trial,
with or without bail. Pretrial detainees made up 31 percent of those
incarcerated, contributing to overcrowding, according to government
sources. A person convicted of a misdemeanor and sentenced to 2 years'
imprisonment or less may, at the court's discretion, pay a fine instead
of being imprisoned.
The Government paid $13,000 (5 million drachmae), as ordered by the
European Court of Human Rights (ECHR) in 2001, to Mohamed Dougoz, who
was held in the Drapetsona detention center and Police Headquarters for
several years under inhuman conditions.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system includes three levels of civil courts, (first
instance, appeals, and supreme) and three levels of criminal courts
(first instance--divided into misdemeanor and felony divisions,
appeals, and supreme), appointed judges, and an examining magistrate
system, with trials by judicial panels.
The Constitution provides for public trials, unless the court
decides that privacy is required to protect victims and witnesses or
the cases involve national security matters. Defendants enjoy a
presumption of innocence, the standard of proof beyond a reasonable
doubt, the right to present evidence and call witnesses, and the rights
of access to the prosecution's evidence, to cross-examine witnesses,
and to counsel. Lawyers are provided to defendants who are not able to
afford legal counsel only in felony cases. Both the prosecution and the
defense may appeal.
Defendants who do not speak Greek have the right to a court-
appointed interpreter. According to several immigrant associations in
Athens, the low fees paid for such work often resulted in poor
interpretation. Foreign defendants who depended on these interpreters
frequently complained that they did not understand the proceedings of
their trials. Also defendants often were not advised of their rights
during arrest in a language that they can understand. Several
complained that they were not shown the Hellenic Police Informational
Bulletin, which contains prisoners' rights in a variety of languages,
and that they were forced to sign blank documents later used for their
deportation.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits invasion of privacy and
searches without warrants, and the law permits the monitoring of
personal communications only under strict judicial controls; however,
these provisions were not always respected in practice.
The Government paid $13,000 (12,041 euros), as ordered by the ECHR
in 2001, to Donald Peers, whose mail was opened by officials at the
Korydallos prison where he was held for drug offenses.
The European Roma Rights Center (ERRC) reported that police
conducted regular raids and searches of Romani neighborhoods for
alleged criminal suspects, drugs, and weapons (see Section 5).
Local authorities evicted or threatened to evict Roma from camps
and tent dwellings during the year (see Section 5).
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, legal restrictions on free
speech remained in force. Articles of the Penal Code that can be used
to restrict free speech and the press include Article 141, which
forbids exposing to danger of disturbance the friendly relations of the
Greek state with foreign states; Article 191, which prohibits spreading
false information and rumors liable to create concern and fear among
citizens and cause disturbances in the country's international
relations; or inciting citizens to rivalry and division leading to
disturbance of the peace; and Article 192, which prohibits inciting
citizens to acts of violence or to disturbing the peace through
disharmony among them. Those convicted in the past of violations of
these articles were allowed to convert their prison sentences, up to 3
years, into a fine of approximately $13.50 (12.50 euros) per day.
In most criminal defamation cases, the defendant typically was
released on bail pending appeal, and no jail time was ever served.
The Constitution allows for seizure by order of the public
prosecutor of publications that insult the President, offend religious
beliefs, contain obscene articles, advocate violent overthrow of the
political system, or disclose military and defense information.
However, seizures were very rare, and there were none during the year.
There were numerous independent newspapers and magazines. Satirical
and opposition newspapers routinely criticized the highest state
authorities. Members of ethnic, religious, and linguistic minorities
freely published periodicals and other publications, often in their
native language.
The Constitution provides that the state exercise ``immediate
control'' over radio and television, and the law establishes ownership
and technical frequency limits on electronic media; the Government and
media outlets have disputed application procedures and frequency
allocations. The law also legalizes stations operating with pending
applications. The National Radio and Television Council has an advisory
role in radio and television licensing, whereas the Ministry of Press
and Mass Media has final authority.
In May 2001 and in March, 35 private radio stations were granted
operating licenses. The cases of 15 more radio stations had not been
heard by year's end. Television stations continued to operate with
pending applications; there were more applicants than available
frequency. In the past, the Government occasionally closed stations for
violating intellectual property rights or interfering with civil
aviation, military, and law enforcement transmissions, although there
were no reports of such closings during the year. State-run stations
tended to emphasize the Government's views but also reported
objectively on other parties' programs and positions. Private radio and
television stations operated independently of any government control
over their reporting. Turkish-language television programs were widely
available via satellite in Thrace.
Internet access was available and unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice; however, the
courts continued to place legal restrictions on the names of
associations involving ethnic minorities (see Section 5).
Police permits were issued routinely for public demonstrations, and
there were no reports that the permit requirement was abused. Peaceful
demonstrations against government policies occurred regularly in Athens
and other large cities, and the protesters included students, workers,
political parties, pensioners, and foreigners.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and although the Government generally respected this right,
at times non-Orthodox groups faced administrative obstacles or legal
restrictions on religious practice. The Constitution establishes the
Eastern Orthodox Church of Christ (Greek Orthodoxy) as the
``prevailing'' religion. The Orthodox Church continued to exercise
significant political and economic influence. The Government, under the
direction of the Ministry of Education and Religion, provided some
financial support to the Orthodox Church, for example, by paying for
the salaries and religious training of clergy and financing the
construction and maintenance of Orthodox Church buildings.
The Government, by virtue of the Orthodox Church's status as the
prevailing religion, recognizes de facto its canon law. Leaders of some
non-Orthodox religious groups claimed that all taxes on religious
organizations were discriminatory, even those that the Orthodox Church
has to pay, because the Government subsidizes the Orthodox Church,
while other groups are self-supporting. The Government also pays the
salaries of the two official Muslim religious leaders (``muftis,''
Islamic judges and religious leaders with limited civic
responsibilities) in Thrace and provides them with official vehicles.
Several religious denominations reported difficulties in dealing
with the authorities on a variety of administrative matters. Privileges
and legal prerogatives granted to the Greek Orthodox Church were not
extended routinely to other recognized religions.
Although Jehovah's Witnesses was recognized as a ``known''
religion, members continued to face some harassment in the form of
arbitrary identity checks, difficulties in burying their dead, and
local officials' resistance to their construction of churches (which in
most cases was resolved quickly and favorably).
Several religious denominations, including foreign Protestants and
Mormons, reported difficulty in renewing the visas of their non-EU
citizen ministers because the Government did not have a distinct
religious workers' visa category. As part of the country's obligations
under the Schengen Treaty and the Treaty of Amsterdam, all non-EU
citizens face a more restrictive visa and residence regime than they
did in the past.
Differences remained within the Muslim community and between
segments of the community and the Government over the means of
selection of muftis. In 1991 in accordance with the law, the
Government, upon receiving recommendations from a government-selected
committee of Muslims selected by the Government, appointed two muftis
and one assistant mufti, all resident in Thrace, to 10-year terms. Most
Muslims accepted the authority of the two officially appointed muftis;
other Muslims, with support from Turkey, have ``elected'' two different
muftis to serve their communities, although there is no established
procedure or practice for election. The Government prosecuted the
``elected'' muftis for usurping authority, and the courts repeatedly
convicted one of the elected muftis for usurping the authority of the
official mufti; all of his respective sentences remained suspended
pending appeal at year's end. On October 17, the ECHR ruled the Greek
government had violated one of the ``elected'' mufti's rights under
Article 9 of the Convention for the Protection of Human Rights and
Fundamental Freedoms by infringing on his right to worship freely.
Non-Orthodox citizens have claimed that they face career limits in
the military, police, fire-fighting forces, and the civil service due
to their religions.
The rate of employment of Muslims in the public sector and in
state-owned industries and corporations continued to be much lower than
the Muslim percentage of the population. The Government claimed and
Muslims and Christians agreed that a lack of fluency in written and
spoken Greek and the need for university degrees for high-level
positions limited the number of Muslims eligible for government jobs.
Two laws from the late 1930s require recognized or ``known''
religious groups to obtain house of prayer permits from the Ministry of
Education and Religion to open houses of worship. By law the Ministry
may base its decision to issue permits on the opinion of the local
Orthodox bishop. According to ministry officials, once a ``known''
religion received a house of prayer permit, applications for additional
houses of prayer were numerous and were approved routinely. An appeal
by the Church of Scientology to obtain recognition and a house of
prayer permit was pending at year's end. The non-Greek Orthodox
churches must provide separate and lengthy applications to government
authorities on such matters as gaining permission to move places of
worship to larger facilities.
The Constitution prohibits proselytizing and stipulates that no
rite of worship may disturb public order or offend moral principles.
Members of missionary faiths reported that they were subject to
harassment and police detention due to constitutional and legal
prohibitions on proselytizing.
Religious instruction in Orthodoxy in public primary and secondary
schools is mandatory for all Greek Orthodox students. Non-Orthodox
students were exempt from religious instruction. Some government-
approved religious textbooks made derogatory statements about non-
Orthodox faiths. During the year, government officials announced and
then retracted a decision to allow any student to opt out of religious
instruction. Members of the Muslim community in Athens sought Islamic
religious instruction for their children, but neighborhood schools
offered no alternative supervision for the children during the period
of religious instruction. The community complained that this forced the
parents to have their children attend Orthodox religious instruction by
default. In November the Council of State issued a decision forcing the
Ministry of Education to lift restrictions on appointment of non-
Orthodox teachers at single-class elementary schools. The Council ruled
that the Ministry of Education does not have the right to request its
personnel to reveal their religious beliefs.
Members of minority faiths reported incidents of societal
discrimination. Officials of the Orthodox Church acknowledged that they
refused to enter into dialog with religious groups considered harmful
to Greek Orthodox worshipers; church leaders instructed Orthodox Greeks
to shun members of these faiths.
A November report by Greek Helsinki Monitor alleged that anti-
Semitism was widespread in Greece, but was ``systematically denied or
ignored'' by most of Greek society.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
A section of the Citizenship Code, Article 20, permits the
Government to strip citizenship from those who ``commit acts contrary
to the interests of Greece for the benefit of a foreign state.'' While
the law as written applies equally to all citizens regardless of ethnic
background, it has been enforced, in all but one case, only against
citizens who identified themselves as members of the ``Macedonian''
minority. The Government has not revealed the number of Article 20
cases that it pursued. There were no reports of such cases during the
year. Dual citizens who were stripped of Greek citizenship under
Article 20 sometimes were prevented from entering the country using the
passport of their second nationality.
According to government officials, between 1955 and 1998
approximately 60,000 citizens lost their citizenship, and approximately
143 individuals, mainly Muslims in Thrace, who lost their citizenship
under Article 19 of the Citizenship Code--which permitted the
Government to revoke the citizenship of citizens of non-Greek ethnic
origin who traveled outside the country--continued to reside in the
country. Following the 1998 repeal of Article 19, the authorities
issued 143 persons who lost their citizenship identification documents
characterizing them as stateless but permitted them to apply to
reacquire citizenship. Of 106 applications, 54 had been granted and 31
were pending as of October.
On April 17, the Government passed legislation extending temporary
residence permits for immigrants who could prove they had resided in
Greece before June 2000. Legislative amendments, the decentralized
registration process, and improved services for applicants such as a
help line run by the Ministry of Interior, made the process more
successful than the Government's first effort in 1998. Over 350,000
illegal migrants applied during this second legalization process.
However, by year's end, the Government extended all of the residence
permits through June 2003 since most migrants were unable to complete
the application process, which many migrants have complained were
needlessly difficult.
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. A 1999 presidential decree
significantly expanded the rights of asylum-seekers and brought the law
into compliance with the standards of the U.N. High Commissioner for
Refugees (UNHCR) on asylum procedures; however, in practice this
legislation remained largely unenforced. The Government cooperated with
the office of the UNHCR and other humanitarian organizations in
assisting refugees.
Individuals recognized as refugees under the terms of the U.N.
convention are eligible for residence and work permits necessary to
settle permanently. During the first 9 months of the year, 4,135
individuals submitted applications for refugee status; 26 individuals
were recognized as refugees. Another 38 were granted temporary
residence on humanitarian grounds until return to their countries
becomes possible. The recognition rate was 1 percent during the year.
According to the Greek Council for Refugees, the Government
routinely approved applications from people who arrived from ``safe''
countries. However, the UNHCR expressed concern that very few
applicants were granted asylum without UNHCR involvement. The UNHCR
also expressed concern that no publicly funded legal aid system for
free counseling for asylum-seekers and refugees existed.
In June a group of domestic and international nongovernmental
organizations (NGOs) published an appeal expressing concern about
frequent violations of the rights of individuals who enter the country
illegally, such as an absence of translators and failure of local
authorities to inform individuals of their right to apply for asylum.
Anecdotal evidence has suggested that thousands of individuals from
Iraq, Afghanistan, Turkey, and Iran enter the country illegally each
year; only a small percentage eventually apply for official asylum or
refugee status. In December at least 24 illegal immigrants, mostly
Iraqi Kurds, drowned in 4 shipwrecks. In July more than 100 illegal
immigrants tried to escape from a detention center in northern Greece
but were recaptured. Policemen in Alexandroupoli condemned the
overcrowded state of detention centers in their prefecture. In Crete
203 illegal immigrants held a hunger strike to demand asylum; they were
eventually transferred to police detention centers throughout Attica.
Some of those who did not apply for refugee or asylum status remained
illegally, often living in camps or in NGO shelters where conditions
ranged from adequate to very poor. Others proceeded to Western Europe,
often applying for asylum there. Many individuals waiting to board
boats to Italy remained at the port of Patras in squalid conditions at
year's end. In June 2001, Port Authority personnel reportedly abused
164 migrants who came ashore in Hania, Crete (see Section 1.c.). The
Greek Coast Guard reported 6,864 illegal immigrants were arrested in
2001 in 370 incidents, an 87 percent increase over the previous year.
The Government generally did not seek out such individuals for
deportation. The 2001 bilateral readmission agreement Greece signed
with Turkey did not result in many deportations by September due to
implementation difficulties. In August a Medecins du Monde delegation
visited refugee/immigrant detention centers in Thrace and reported that
conditions in most of the centers were ``degrading.''
Deportations of both illegal and legal immigrants, abusive
treatment by police, and inconsistencies and inequities in the way
employers provided wages and benefits to domestic and foreign workers
were common. The police conducted many large-scale sweeps of
neighborhoods populated by immigrants, temporarily detaining large
numbers of individuals while determining their residence status. A
report by Human Rights Watch in December 2000 cited severe overcrowding
and a lack of sufficient exercise, sleeping accommodations, adequate
food, or medical care. The Government-funded center for asylum-seekers
in Lavrion was old and in need of repair.
There were no reports of the forced return of persons to a country
where they feared persecution.
Official statistics indicated that approximately 500,000 of the
estimated 800,000 aliens living in the country held temporary residence
permits under a legalization program launched in 2001 and extended
during the year. Approximately 250,000 other aliens held ``green
cards'' from previous legalization programs that allowed residence for
limited periods of time. According to press reports and immigration
groups, the obstacles of a complex bureaucracy and the unwillingness of
employers to pay social security contributions were the primary reasons
for the limited ability of white cardholders to advance to the green
card application process. Of the 750,000 aliens who had received green
cards under the previous legalization opportunities, only 220,000
managed to collect all documents required and to meet all criteria for
legalization by December. Legislation provides for the green card
program to remain in effect until June 2003. Press reports estimated
that it would take 3 years to process the applications already
submitted.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Greece is a multiparty democracy headed by Prime
Minister Constantine Simitis of the PASOK, who was elected in free and
fair elections in September 1996 and again in April 2000. Parliament
elects the President for a 5-year term. Members of the unicameral 300-
seat Parliament are elected to maximum 4-year terms by secret ballot.
Opposition parties function freely and have broad access to the media.
Voting is mandatory for those over age 18; however, there are many
conditions under which citizens may be exempted from voting, and
penalties were not applied in practice.
Romani representatives reported that local authorities sometimes
deprived Roma of the right to vote by refusing to register them;
however, Romani representatives also reported that some municipalities
encouraged Roma to register. Municipalities may refuse to register Roma
who do not fulfill basic residency requirements, which many Roma have
trouble meeting.
There are no legal restrictions against the participation of women
in politics. There were 25 women in Parliament. There were 2 women
among the 20 ministers in the Government. Women also held 2 of the 29
sub-ministerial positions. A quota system was implemented for elections
to local government, requiring 30 percent of all candidates to be
women.
While citizens exercised their political rights, there occasionally
were charges that the state limited the right of some individuals,
particularly Muslims and Slavo-Macedonians, to speak publicly and
associate freely on the basis of their self-proclaimed ethnic identity.
In the 2000 parliamentary elections, a Muslim was elected in Thrace,
from PASOK. A second Muslim, also from PASOK, became an M.P. in
September 2000 after winning a court challenge to the eligibility of a
seated M.P. for violating a constitutional provision. There were two
Muslims in Parliament this year.
Responsibility for the oversight of all rights provided to the
Muslim minority under the Treaty of Lausanne (including education,
zoning, administration of wakfs, and trade) belongs to a government-
appointed regional administrative official, the regional governor of
Eastern Macedonia and Thrace. Some minority members charged that
oversight by this office rather than by elected local governors reduced
their ability to use the democratic process to influence decisions that
affect them. The Government stated that it made the change because the
central authorities could administer the country's treaty obligations
more effectively. Elected nomarchs govern at the provincial level.
These officials worked in close cooperation with both elected mayors
and local leaders (Christian and Muslim). Members of the Muslim
community noted that this decentralization has been a positive factor
in local and regional development.
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
generally operated without restriction in the country, investigating
and publishing their findings on human rights cases. The Government
permitted domestic human rights organizations to operate, but
cooperation with them varied. The Government usually cooperated with
international human rights groups, had good working relations with
them, and when feasible, took their views into account.
In 2001 the Government ombudsman's office received 1,731 complaints
in the first 8 months of the year directly related to human rights. The
office has proved to be an effective means for resolving human rights
and religious freedom concerns.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equality before the law irrespective
of nationality, race, language, or political belief; however,
government respect for these rights was inconsistent in practice.
Women.--Violence against women was a problem. The law does not
specifically prohibit domestic violence. The General Secretariat for
the Equality of the Sexes provided counseling and assistance to
domestic violence victims. The incidence of violence against women
reported to the authorities was low; however, the General Secretariat
for Equality of the Sexes (GSES), an independent government agency that
operated the only shelter for battered women in Athens, believed that
the actual incidence is ``high.'' According to press and academic
estimates, there were approximately 4,500 cases of rape in 1999.
Reportedly only 6 to 10 percent of the victims contacted the police,
and only a small fraction of the cases reached trial. Conviction rates
on rape charges were low for those accused for the first time, but
sentences are harsh for repeat offenders. Spousal rape is not a crime.
The GSES claimed that police tended to discourage women from
pursuing domestic violence charges and instead encouraged them to
undertake reconciliation efforts. The GSES also claimed that the courts
are lenient when dealing with domestic violence cases. GSES, in
cooperation with the Ministry of Public Order, continued training
courses for police personnel on how to treat domestic violence victims.
Facilities for battered women and their children often were staffed
inadequately to handle cases properly, but many facilities hired new
personnel during the year. Two government shelters provided services in
Athens and Piraeus, including legal and psychological advice. The
Secretariat operated a 24-hour emergency telephone hotline for abused
women; during the summer, it conducted a campaign to publicize this
service and to raise awareness of domestic violence. An
interministerial committee composed of the GSES, the Ministry of Public
Order, the Ministry of Health and Welfare, and the Ministry of Justice,
serves as an information-sharing forum on women's issues.
Prostitution is legal at the age of 18. Prostitutes must register
at the local prefecture and carry a medical card that is updated every
two weeks. While the number of Greek women in the profession declined,
according to the police and academic sources, trafficking in women for
prostitution increased sharply (see Section 6.f.). It was estimated
that fewer than 1,000 prostitutes were ethnic Greeks, and approximately
20,000 were of foreign origin--most in the country illegally. Most
prostitutes who were arrested were foreigners who were apprehended for
noncompliance with legal requirements. They were deported by plane to
avoid retrafficking at land borders. Media reports implicated several
police officers as participants in prostitution rings. The press
alleged on a number of occasions that police accepted bribes from
traffickers or pimps or forced illegal immigrants to have sex with them
and then channeled them into prostitution rings (see Section 6.f.). In
October the Government passed a law introducing stiffer penalties for
police who facilitate trafficking (see Section 6.f.).
The law prohibits sexual harassment. Trade unions reported that
lawsuits for sexual harassment were very rare: According to the unions,
only four women filed such charges in the past three years. In all four
cases, the courts reportedly imposed very lenient civil sentences. The
General Confederation of Greek Workers (GSEE) women's section reported
that sexual harassment was a widespread phenomenon but that women were
discouraged from filing charges against perpetrators by family members
and coworkers, since they believed they might be socially stigmatized.
The law provides for equal pay for equal work; however, according
to official statistics in 2001, women's pay amounted to 76.2 percent of
men's pay.
Although relatively few women occupied senior positions, women
continued to enter traditionally male-dominated occupations such as the
legal and medical professions in larger numbers. However, women still
faced discrimination when they were considered for promotions in both
the public and private sectors. Women also were underrepresented in
labor unions' leadership. According to the women's section of the GSEE,
59 percent of the country's long-term unemployed were women, while
women constituted only 38 percent of the work force. The GSES operated
two regional employment offices for women in Thessaloniki and Patras.
It also continued to provide vocational training programs for
unemployed women and programs to reinforce entrepreneurship, subsidies
to women for setting up an enterprise, information and counseling to
unemployed women, and childcare facilities to assist unemployed women
to attend training courses and look for a job.
Children.--The Government was committed strongly to children's
rights and welfare; it amply funded a system of public education and
health care. Education is free and compulsory through the ninth grade,
but the legislation does not provide for enforcement or penalties.
University education is public and free at all levels. New universities
have opened in the provinces, along with new departments in already
existing universities.
In 2001 the Ministry of Education reported that the illiteracy rate
was dropping among Roma children: The school enrollment rate of Romani
children increased by 17 percent, and the dropout rate decreased to 75
percent as a consequence of an identity card system, set up by the
Ministry, which allowed students to change schools more easily as their
parents moved. The Greek Helsinki Monitor and Panhellenic Federation of
Greek Roma (POSER), the organization that represents the views of the
Romani community, challenged this statistic. The idea of setting up
satellite elementary schools near Romani camps was set aside in favor
of the policy of integration (except for preschool centers). Ethnic
Greek parents in some schools have resisted the acceptance of many
Romani children.
Several government organizations had responsibility for children's
issues. The National Organization for Social Care had a nationwide and
regional network of offices and was active in the field of child
protection; the regional offices provided greater access to child
welfare services and funding, prioritized according to regional needs.
There was no societal pattern of abuse of children; however,
research by the Institute for Child Health (ICH) revealed a high
percentage of socially accepted physical punishment (i.e., spanking) by
parents. No national data existed on the incidence of child abuse;
authorities other than police are not required to report such cases.
Societal abuse of children in the form of pornography was rare. Some
NGOs reported child prostitution in some parts of central Athens.
There were reports that foreign children were forced into
panhandling (see Section 6.c.).
Penal law prohibits the mistreatment of children and sets penalties
for violators, while welfare legislation provides for preventive and
treatment programs for abused children and for children deprived of a
family environment; it also seeks to ensure the availability of
alternative family care or institutional placement. There was a gradual
decline in the number of ethnic Greek children in public care; however,
children of ethnic minority groups (i.e., Albanians) who worked in
Greece entered public care because of abuse or abandonment.
Children's rights advocacy groups claimed that the protection of
high-risk children in state residential care centers was inadequate and
of low quality. They cited lack of coordination between welfare
services and the courts, inadequate funding of the welfare system, and
poor staffing of residential care centers as systemic weaknesses in the
treatment of child abuse. Athens had two municipal shelters for
battered children. Child health specialists noted that the number of
children in residential care facilities was decreasing, while the
number in foster care was rising. With EU funding, special care was
available for juvenile offenders, Romani children, children from remote
mountain and island areas, and children with disabilities.
Persons with Disabilities.--Legislation mandates the hiring of
persons with disabilities in public and private enterprises that employ
more than 50 persons; however, the law reportedly was enforced poorly,
particularly in the private sector. The law states that persons with
disabilities should account for three percent of employees in private
enterprises. In the civil service, 5 percent of administrative staff
and 80 percent of telephone operator positions are reserved for persons
with disabilities. Recent legislation mandates the hiring of persons
with disabilities in the public sector from a priority list. They are
exempt from the civil service exam, and some have been appointed to
important positions in the civil service. There was no societal
discrimination against persons with disabilities.
The Construction Code mandates physical access for persons with
disabilities to private and public buildings, but this law, also, was
enforced poorly. Many public buildings complied with the proposals of
the interministerial committee on accessibility by year's end. Ramps
and special curbs for persons with disabilities were constructed on
some Athens streets and at some public buildings, and sound signals
have been installed at some city street crossings. In 2001 the Ministry
of Public Works installed special sound equipment for 200 traffic
lights in Attika that were selected by the Association for the Blind.
The Government continued to replace old city buses with new accessible
buses. Athens subway lines provided full accessibility.
National/Racial/Ethnic Minorities.--An increase in xenophobia has
paralleled an increase in the number of non-Greeks living and working
in the country.
Anti-foreigner sentiment was directed mainly at Albanians, who made
up approximately 5 percent of the population. Of the approximately
800,000 aliens in the country, approximately 500,000 were Albanians, 90
percent of whom were legalized. The Government extended a second
legalization process during the year, allowing undocumented immigrants
who had lived in the country for more than a year to apply for
residence and work permits. While this legalization has decreased
official cases of discrimination, Albanian immigrants faced widespread
societal discrimination. For example, the population regularly blamed
Albanians for the reported rise in crime in the last few years. The
sometimes difficult relationship with Albania intensified the problem.
Debate also arose over Albanian immigrants' rights to Greek national
identity. For example, a controversy occurred in some areas in 2001 and
during the year over whether Albanian pupils would be allowed to carry
the Greek flag in national day parades; eventually they were allowed to
do so.
Significant numbers of Greek citizens identify themselves as Turks,
Pomaks, Vlachs, Roma, Arvanites (Orthodox Christians who speak a
dialect of Albanian), or ``Macedonians'' or ``Slavomacedonians. Most
are integrated fully into society. The Government formally recognizes
only the ``Muslim minority'' specified in the 1923 Treaty of Lausanne
(see Section 2.c.), although it stated publicly in 1999 that members of
that minority could identify themselves individually as belonging to
different ethnic groups. Most of the Muslim minority (officially
estimated to number 130,000) are ethnically Turkish or Turcophone and
live in Thrace. The Muslim minority also includes Pomaks and Roma. Many
Greek Muslims, including Pomaks, identified themselves as Turks and say
that the Muslim minority as a whole has a Turkish cultural
consciousness.
The Government has failed to acknowledge formally the existence of
non-Muslim ethnic groups, principally Slavophones, under the term
``minority.'' The Government has affirmed an individual, but not a
collective, right of self-identification. As a result, some individuals
who defined themselves as members of a minority found it difficult to
express their identity freely and to maintain their culture. Use of the
terms ``Tourkos'' and ``Tourkikos'' (``Turk'' and ``Turkish'') is
prohibited in titles of organizations, although individuals legally may
call themselves ``Tourkos.'' To most Greeks, the words ``Tourkos'' and
``Tourkikos'' connote Turkish identity or loyalties, and many objected
to their use by Greek citizens of Turkish origin. By year's end, an
appeals court had not ruled on the closure of the ``Turkish Union of
Xanthi.''
Northwestern Greece is home to an indeterminate number of citizens
who speak a Slavic dialect at home, particularly in Florina province.
Estimates ranged widely, from under 10,000 to 50,000. A small number
identified themselves as belonging to a distinct ethnic group and
asserted their right to ``Macedonian'' minority status. Their
assertions have generated strong objections among the 2.2 million non-
Slavophone Greek inhabitants of the northern Greek region of Macedonia,
who use the same term to identify themselves. The Government does not
recognize their Slavic language as ``Macedonian,'' a language distinct
from Bulgarian. Members of the minority asserted that the Government
pursues a policy designed to discourage use of their language. The
Government was concerned that members of the ``Macedonian'' minority
may have separatist aspirations. The Government's dispute with the
Former Yugoslav Republic of Macedonia over that country's name
heightened this sensitivity.
Roma continued to face discrimination from some local authorities
and society at large. An interministerial committee headed by the
Ministry of Interior was responsible for coordinating government
projects for Roma; it estimated the total Romani population to be
between 85,000 and 120,000. Nonofficial sources estimated the total at
250,000 to 300,000. Most of the Roma in Thrace were Muslims; elsewhere
the majority were Greek Orthodox. Many Roma were settled permanently,
mainly in the Athens area. Others were either mobile, working mainly as
agricultural laborers, peddlers, and musicians throughout the country,
or they lived in camps. The number of Roma who moved around the country
continued to decrease gradually as families settled mainly into quasi-
permanent settlements around major cities.
The ERRC claimed that Roma were subject to systematic police abuse
(see Section 1.c.), mistreatment while in police custody, and regular
raids and searches of Roma neighborhoods for criminal suspects, drugs,
and weapons.
Since 1999 the Ministry of Interior has erected approximately 1,000
prefabricated houses for Roma. In September 2001, the Minister of
Interior also announced a $284 million (284 million euros) program to
address Roma needs and to promote Roma integration, including: Housing,
subsidized mortgage loans, infrastructure in Roma camps, employment
schemes, cultural and sports activities, and welfare allowances.
Roma frequently faced discrimination in employment and in housing,
particularly when attempting to rent accommodations. The approximately
400 Roma families in Tyrnavos, Thessaly, lived in tents because the
authorities refused to include the area in city planning. There were
approximately 70 Romani camps with a total population between 100,000
and 120,000 persons. Most Romani camps have no running water,
electricity, garbage disposal, or sewage treatment. The Roma of
Tyrnavos, Thessaly, attempted to build their own lavatories to improve
their living conditions, but local authorities pulled them down and
imposed fines for violating construction codes.
Local authorities harassed and threatened to evict Roma from their
camps or other dwellings, and the NGO Greek Helsinki Monitor reported
that many communities of Romani tent-dwellers were evicted in
Thessaloniki in early September and in Aspropyrgos, Athens, in July.
Romani representatives reported that some local authorities have
refused to register Roma as residents in their municipalities. Until
registered with a municipality, no citizen can vote or exercise other
civil rights such as obtaining an official marriage, commercial, or
driver's license, or contributing to social security.
The Government considered the Roma a ``socially excluded'' or
``sensitive'' group, not a ``minority.'' As a result, government policy
was to encourage the integration of Roma. The Prime Minister designated
a member of his staff to coordinate the efforts of all government
ministries having a role in their integration, and the Ministry of
Interior established an interministerial committee in March 2001 with
the same aim. Nevertheless poverty, illiteracy, and prejudice continued
to affect large parts of the Romani population; these problems were
most severe among migrant Roma or those who lived in quasi-permanent
settlements. The illiteracy rate among Roma was estimated at 80
percent, and according to an NGO, the average Roma family's income was
approximately $205 (190 euros) per month. The research also concluded
that the average life expectancy of Roma was below 60 years of age.
The integration of Roma into social security systems also was quite
low. It was estimated that 90 percent of Roma were not insured by the
public social security systems, since they were unable to make the
required contributions. Like other qualified citizens, indigent Roma
were entitled to free health care; however, their access at times was
hindered by the fact that their encampments were located far from
public health facilities.
The Ministry of Health and Welfare continued work on projects to
address the chronic problems of the Roma community. The projects
included training courses for civil servants, policemen, and teachers
to ``increase sensitivity to the problems of the Roma,'' the
development of teaching materials for Roma children, and the
establishment of six youth centers in areas close to Roma communities.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the law provide
for the right of association, and workers exercised this right. All
workers, with the exception of the military, have the right to form or
join unions. Police have the right to form unions but not to strike.
Approximately 26 percent of wage earners (nearly 650,000 persons) were
organized in unions. Unions received most of their funding from a
Ministry of Labor organization, the Workers' Hearth, which distributes
mandatory contributions from employees and employers. Workers,
employers, and the state were represented in equal numbers on the board
of directors of the Workers' Hearth. Approximately ten public sector
unions had dues withholding provisions in their contracts, in addition
to receiving Workers' Hearth subsidies.
Over 4,000 unions were grouped into regional and sectoral
federations and two umbrella confederations; one for civil servants
(ADEDY), and another, the General Confederation of Greek Workers
(GSEE), for private sector employees and employees of state
enterprises. Unions were highly politicized, and there were party-
affiliated factions within the labor confederations; however, neither
political parties nor the Government controlled day-to-day operations.
There are no restrictions on who may serve as a union official.
Antiunion discrimination is prohibited. The Labor Inspectorate or a
court investigates complaints of discrimination against union members
or organizers. Court rulings have mandated the reinstatement of
improperly fired union members.
Unions are free to join international associations and maintain a
variety of international affiliations, and almost all did so.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively in the
private sector and in public corporations, and unions exercised these
rights freely. There are no restrictions on collective bargaining for
private sector employees.
Civil servants have the right to organize and bargain collectively
with the Ministry of Public Administration.
The law provides for mediation procedures, with compulsory
arbitration as a last resort. A National Mediation, Reconciliation, and
Arbitration Organization is used in the private sector and public
corporations (the military and civil service excluded). While mediation
is voluntary, failure to agree during mediation makes arbitration
compulsory, as decided by the mediation organization.
Legal restrictions on strikes include a mandatory period of notice,
which was 4 days for public utilities and 24 hours for the private
sector. Legislation mandates a skeleton staff during strikes affecting
public services, such as electricity, transportation, communications,
and banking. Public utility companies, state-owned banks, the postal
service, Olympic Airways, and the railroads also are required to
maintain a skeleton staff during strikes. The courts have the power to
declare strikes illegal, although such decisions seldom were enforced.
However, unions complained that this judicial power served as a
deterrent to some of their members from participating in strikes. The
courts declared some strikes illegal during the year for reasons such
as failure of the union to give adequate advance notice of the strike
or the addition of demands by the union during the course of the
strike. No striking workers were prosecuted.
Many strikes took place during the year. Although most strikes were
fairly brief, they affected productivity and disrupted daily life in
the center of Athens. Strikes by public sector employees, including
mass transport employees, lasted between 1 and 5 days and primarily
concerned securing timely pay increases and greater job security.
Three free trade zones operated according to EU regulations. The
labor laws apply equally in these zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor. The Government may declare the
``civil mobilization'' of workers in the event of danger to national
security, life, property, or the social and economic life of the
country. The International Labor Organization (ILO) Committee of
Experts has criticized this power as tantamount to forced labor. In
July the Government used civil mobilization to break a seaman's strike
which was posing a serious economic hardship to inhabitants of Greek
islands.
The Constitution prohibits forced or bonded labor by children;
however, some parents forced their children to beg for money or food.
During the year, the number of street children who panhandled or
peddled at city intersections on behalf of adult family members or for
criminal gangs decreased. However, it was believed widely that even
those who were deported managed to return eventually to the country and
the streets. The Greek chapter of UNICEF estimated that 5,800 children
were illegally employed in the streets of the country in jobs from
windshield washing to prostitution. The head of Greek UNICEF believed
they generate nearly $3 million (2.8 million euros) in revenue yearly.
The Government and NGOs agreed that the majority of beggars are either
Roma or Albanian. Since 2000 many children who are beggars have
disappeared from the streets. Local NGOs reported that they were driven
to restaurants and busy shopping areas to beg for money.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment in the industrial sector is
15 years, with higher limits for certain activities. The minimum age is
12 years in family businesses, theaters, and the cinema. These age
limits were enforced by occasional Labor Inspectorate spot checks and
generally were observed; however, families engaged in agriculture, food
service, and merchandising often had younger family members assisting
them, at least part time.
The Constitution contains a blanket prohibition of forced or bonded
labor by children; however, there were reports of such practices among
Romani children (see Section 6.c.).
e. Acceptable Conditions of Work.--Collective bargaining between
the GSEE and the Employers' Association determines a nationwide minimum
wage. The Ministry of Labor routinely ratifies this minimum wage, which
has the force of law and applies to all workers. The minimum wage of
$21 (19 euros) daily and $472 (437 euros) monthly, effective July 1,
provided a decent standard of living for a worker and family. The
maximum legal workweek is 40 hours in the private sector and 37 \1/2\
in the public sector. The law provides for at least one 24-hour rest
period per week, mandates paid vacation of one month per year, and sets
limits on overtime.
Legislation provides for minimum standards of occupational health
and safety. Although the GSEE characterized health and safety
legislation as satisfactory, it stated that enforcement, which is the
responsibility of the Labor Inspectorate, was inadequate. The Labor
Inspectorate operates under a central authority. Workers do not have
the legal right to remove themselves from situations that they believe
endanger their health; however, they do have the right to lodge a
confidential complaint with the Labor Inspectorate. Inspectors have the
right to close down machinery or a process for a period of up to five
days if they see safety or health hazards that they believe represent
an imminent danger to the workers.
Foreign workers are protected by law, but in practice their wages
were lower, and they worked longer hours.
f. Trafficking in Persons.--An October law criminalizes trafficking
in persons. The country was both a transit point and destination for
trafficked women and children, primarily for sexual exploitation. Local
police corruption facilitated trafficking in the country.
In October the Government adopted a new anti-trafficking law which
made trafficking a specific criminal offense, imposed harsh penalties
on traffickers, and called for shelters and medical assistance for
victims of trafficking. The law calls for traffickers to be punished
with up to 10 years of incarceration and fines of $10,000 to $50,000
(9,263 to 46,313 euros). There were harsher penalties for child
traffickers. The law was still being implemented at year's end.
On December 19, police arrested eight people who they alleged were
involved in the trafficking of women from the former Soviet Union, in a
nine-club sweep over various parts of the country. These women,
according to police officials, were lured to the country under false
pretenses, and forced to work in strip clubs in the southern part of
Greece.
Since October there were 62 arrests of traffickers. On September
20, Attika police announced a raid on a bar in Nikaia, Piraeus, where
they found ten young women from Latvia and Russia without work permits.
Police discovered handcuffs, pepper spray, and electroshock devices.
The raid revealed a network that was forcing women to work in the bar
for 6 months in order to pay off a $3,000 (2,778 euros) fee for
smuggling them into the country. In the first week of October, police
arrested four Greeks who were trafficking young women from Moldova,
Serbia, and Bulgaria by promising them work in Greece as waitresses.
On March 28, law enforcement officials and the NGO community
attended a seminar to discuss trafficking of women and children. The
Ministry of Public Order also took initiatives for training new police
officers to identify trafficked women and children. Trafficking experts
conducted this training at local police academies. The Government began
stiffening its border controls, in part because of European Union
Schengen Treaty requirements; however, many women and children
continued to be brought into the country from the Balkans and the
former Soviet Union. In April 2001, an interministerial committee was
formed with the objective of establishing a separate police task force
on trafficking, drafting national legislation, and promoting a
nationwide anti-trafficking campaign.
Trafficking in women and children for prostitution in the country
increased sharply in the last few years. An academic observer estimated
that approximately 40,000 women and children, most between the ages of
12 and 25, are trafficked to the country each year for prostitution. At
any given time, 16,000 to 20,000 trafficked women or girls were in the
country, according to unofficial estimates, although authorities
estimated the number of trafficked women and children was much lower.
Major countries of origin include Ukraine, Russia, Bulgaria, Albania,
and Romania. Women from Asia, specifically Thailand and the
Philippines, the Dominican Republic, Moldova, Kazakhstan, Serbia, and
the Middle East also were trafficked to the country.
There were reports that some Albanian parents ``sold'' or
``rented'' their children to traffickers in exchange for a monthly
income. There were unconfirmed reports that some foreign children were
forced into panhandling. There were reports that teenage boys worked as
prostitutes in Athens.
According to a Panteion University study, over 85,000 trafficked
women and children have worked in the country in the past decade. Some
women and children arrived as ``tourists'' or illegal immigrants;
seeking work, they were lured into prostitution by club owners who
threatened them with deportation. Some women and children were kidnaped
from their homes by Greek traffickers, and smuggled into the country
where they were ``sold'' to local procurers. There were reports that
some victims of this practice were minors. Trafficked women and
children often were confined to apartments, hotels, and clubs against
their will, were not registered with the Government, and were forced to
surrender their passports to their local ``owner.'' Frequently,
connections existed between illegal prostitution and other criminal
activities. According to NGO observers, traffickers ``owned''
approximately 80 percent of the illegal prostitutes in Greece.
Local police corruption also played a role in facilitating
trafficking into the country. NGOs reported that some police officers
were on the payrolls of organized crime networks involved in
trafficking. In 2001 a number of police officers were arrested in
connection with trafficking offenses. Most arrests were in small towns,
villages, and border areas.
In the past, foreign women illegally in the country who were
apprehended by the authorities for prostitution were placed in a
deportation center or deported immediately by train, plane, or on foot.
Laws were passed in 2001 that increased protection for women who press
charges against their traffickers by allowing them to remain in the
country legally and setting aside any previous convictions.
A number of domestic NGOs worked on trafficking issues during the
year. A group of NGOs created a coalition known as the ``Stop Now''
group which created public service announcements to raise awareness of
trafficking issues.
__________
HUNGARY
Hungary is a parliamentary democracy with a freely elected
legislative assembly. Prime Minister Peter Medgyessy led a coalition
government formed by the Hungarian Socialist Party and the Alliance of
Free Democrats after multiparty elections in April. The judiciary is
independent.
The internal and external civilian security services reported
directly to a State Secretary in the Prime Minister's Office, and the
police reported to the Interior Minister. Civilian authorities
maintained effective control of the security forces, and the Government
investigated and charged police for human rights violations. Some
police committed human rights abuses during the year.
Most international organizations and financial institutions agreed
that the country completed successfully its transition from a centrally
directed economy to a fully functioning market economy. The country's
population was approximately 10.1 million. The private sector accounted
for more than 80 percent of gross domestic product (GDP). The Socialist
government maintained a strong commitment to a market economy, but has
done little to address remaining problems in agriculture, health care,
tax reform, and the energy market. Despite 6 years of strong economic
growth, an estimated 25 percent of the population lived in poverty,
with the elderly, large families, and the Roma most affected. The
Finance Ministry estimated the per capita GDP at $6,800 for the year.
The economy was expected to grow by approximately 3.4 percent;
inflation continued to decline to 5.5 percent; and unemployment
remained below 6 percent.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were
reports that some police used excessive force, beat, and harassed
suspects, particularly Roma. In practice authorities may impose lengthy
pretrial detention on suspects. Some local officials attempted to evict
Roma from their homes and relocated them to other cities. There were
allegations of government interference in editorial and personnel
decisions of state-owned media. The Government continued to implement
legislation on refugee issues and established seven regional centers to
administer refugee processing. Violence against women and children
remained serious problems. Sexual discrimination in employment also
continued to be a problem. Anti-Semitic and racial discrimination
persisted and a number of racially motivated attacks, particularly
against Roma, occurred during the year. Societal discrimination against
Roma was a serious problem. Trafficking in women and children for the
purposes of prostitution and in men for forced labor remained a
problem. Reform of the country's political and economic structure led
to an invitation in December to join the European Union (EU) in May
2004. Hungary was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second Ministerial Meeting
in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Six cases of persons charged with crimes against humanity for
incidents during the 1956 revolution remained pending at year's end;
two before the Supreme Court. The defendants were accused of shooting
into demonstrations with machine gun fire and using hand grenades. In
1993 the Government charged the defendants with murder, but they were
acquitted because the statute of limitations for murder had passed. The
Supreme Court overturned the finding of the lower court, and in 1999
stated that the defendants could be charged with war crimes, which have
no time limit. By year's end, twelve defendants had been convicted.
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; however, the police
occasionally used excessive force, beat and harassed suspects,
particularly Roma.
During the year, the National Police confirmed that it had
conducted investigations into 11 cases of forced questioning and six
cases of unlawful detention. The police referred 14 of these cases to
the Office of the Prosecutor to commence judicial proceedings. In the
first half of the year, authorities investigated 67 cases of suspected
abuse by police involving 55 police officers. The majority of cases
occurred during interrogations. A total of 47 incidents resulted in
court cases, with 28 guilty verdicts. The Government more actively
pursued allegations of police abuse compared with previous years.
According to the Ministry of Interior, approximately half of the court
cases involved abuse against Roma. Punishments for abuses committed by
police included fines, probation, prison sentences, and dismissal. Some
attributed the increase in the number of reports of police abuse to an
increased willingness to seek official redress.
In January Pest County dropped charges against thirteen officers in
a 2001 incident in the village of Bag, citing a lack of evidence.
Police were accused of assaulting several Roma during a raid on a
funeral wake.
In 2001 the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT) reported that
minors, dark-skinned foreign nationals, and Roma were at highest risk
of verbal and physical abuse by police; Roma bore the brunt of such
abuse. There were occasional reports that police punched, kicked, and
struck persons with truncheons while in police custody. The CPT found
verbal abuse committed by police against detainees to be common. The
Government conducted investigations in some cases and brought charges
against individual police officers. In March the European Roma Rights
Center reported that charges were brought against five border guards
for abuse of authority and causing bodily harm to two Roma men in a
2001 incident in Beremend on the border with Croatia. The complaint
alleged the border guards beat them and used racial insults while the
Roma were handcuffed to a radiator at a local police station. Police
officials did not intervene to stop the actions of the border guards.
Local NGOs estimated the number of actual incidents of abuse by
police to be greater than official statistics indicated. The CPT report
identified a practice whereby some police advised detainees who wished
to file a complaint that to defame a police officer was a criminal
offense. This practice discouraged some individuals from lodging
complaints. During the year, the Government Office of Ethnic Minorities
received regular complaints from Roma of police abuse and misconduct.
Despite increased investigations into allegations of police abuse, the
Minority Affairs Ombudsman, who investigated constitutional violations
in the public sector, believed that the situation remained constant and
possibly was marginally better.
NGOs reported fewer cases of police harassment of foreign
residents, particularly of non-Europeans; however, police continued to
show indifference toward foreigners who were victims of street crime.
Social discrimination against dark-skinned foreigners persisted. In
July a Native American was denied admission to a restaurant in
Budapest; the owner stated that the restaurant did not serve Roma. The
municipal government fined the restaurant for discrimination. Also in
Budapest, youths identified as skinheads beat an African man in an
attack authorities classified as racially motivated.
In July a police officer allegedly beat a protestor in detention
(see Section 2.b.).
Border guards facilitated trafficking in persons by taking bribes
from traffickers (see Section 6.f.).
The police and Interior Ministry continued to work to improve the
image of the police, and human rights organizations reported that
police generally were more cooperative than in previous years with
outside monitoring of their behavior.
The Hungarian Helsinki Committee (HHC) reported that prisons were
overcrowded but generally met international standards. Their 2001 study
stated that 5 percent of inmates in one detention facility had alleged
mistreatment by prison guards, which included 49 cases of minor
physical assault. The Military Prosecutor's Office, which has
responsibility for such cases, declined to conduct an investigation and
determined that no mistreatment had occurred. As of September, the
prison and detention centers' population was 18,106 persons or 160
percent of capacity--an increase of 16.5 percent since 2000. Tougher
maximum sentences contributed to the increase.
An estimated 63 percent of prisoners earned wages while in prison,
either from work in prison or from work-release programs. The HHC
reported that prisoners' wages were lower than those of non-prisoners,
and also expressed concern that the period of time prisoners worked in
custody did not count toward social security service time. Some
programs allowed prisoners to spend weekends at home; there were sports
facilities, radio and television, and libraries available in each penal
institution. Prisoners could also attend training programs to assist in
their eventual return to life outside of prison. Civic- and state-
operated organizations, private foundations, charities, and churches
assisted in the rehabilitation process.
There were no reports of deaths in custody resulting from official
negligence or abuse.
The Government continued to expand the number of detention
facilities, and a new prison was scheduled to open in 2003. Men and
women were held separately; juveniles were held separately from adults;
and pretrial detainees were held separately from convicted prisoners.
The Government permitted visits by independent human rights
monitors, and such visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
The law requires that police obtain warrants to place an individual
under arrest. Police must inform suspects upon arrest of the charges
against them, but may hold detainees for a maximum of 72 hours before
filing charges. The law requires that all suspects be allowed access to
counsel prior to estioning and throughout all subsequent proceedings,
and that the authorities provide counsel for juveniles, the indigent,
and persons with mental disabilities; however, credible reports
suggested that that police did not always allow access to counsel,
particularly for persons accused of minor crimes. There was no system
of bail; however, a law allows some foreigners to make a financial
deposit to the courts allowing them to reside abroad during their court
case. This provision of the law was used infrequently. The lack of a
bail system gives a great deal of discretionary authority to judges.
Pretrial detention, based on a warrant issued by a judge, initially
is limited to 1 year while criminal investigations are in progress; it
may be extended indefinitely on the prosecutor's motion, provided that
a judge concurs. The Government may detain individuals in pretrial
detention only after charges are brought. Not all suspects were
remanded to detention centers pending trial. The law stipulates that
authorities can request pretrial detention in cases when it is likely
the suspect will flee, when the gravity of the charges warrant
detention, and when the release of the suspect would endanger the
investigation.
The Prosecutor General's Office reported that the average length of
pretrial detention during the first 6 months of the year was 116 days,
compared with 108 days in 2001, although nearly 10 percent of detainees
were held for periods ranging from 8 to 12 months. Aliens usually were
held until their trials, since they were considered likely to flee the
country. Roma alleged that they were kept in pretrial detention longer
and more frequently than non-Roma (see Section 1.e.). The law provides
for compensation if a detainee or victim of forced medical treatment is
released for lack of evidence, but the procedure rarely was exercised,
since detainees must undertake a complicated legal procedure to pursue
such claims. The Minister of Justice, on behalf of the State, decides
upon compensation. The amount is decided on a case by case basis, and
may cover the costs of the trial, attorney's fees, lost wages, and some
miscellaneous sums.
The law permits police to hold suspects in public security
detention (PSD) under certain circumstances, including when a suspect
has no identity papers, when blood or urine tests must be performed to
determine blood alcohol content, or when a suspect continues to commit
a misdemeanor offense in spite of a prior warning. Suspects may be held
in PSD for up to 24 hours. Such detainees were not always informed of
the charges against them, because such periods of ``short'' detention
were not defined as ``criminal detention'' and therefore were not
considered covered by the Criminal Code. However, there were no reports
that police abused these rights in practice.
The law does not provide for forced exile, and the Government did
not employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
Under the Constitution, the courts are responsible for the
administration of justice, with the Supreme Court exercising control
over the operations and judicial procedure of all other courts. There
were three levels of courts. Original jurisdiction in most matters
rested with the local courts. Appeals of their rulings may be made to
the county courts or to the Budapest municipal court, which had
original jurisdiction in other matters. The Supreme Court was the final
court of appeal, while the Constitutional Court was the final court on
constitutional matters. Appeals of decisions by military courts also
may be heard by the Supreme Court.
The Constitutional Court was charged with reviewing the
constitutionality of laws and statutes brought before it, as well as
the compliance of these laws with international treaties that the
Government has ratified. Parliament elected the 11 members of the
Constitutional Court, who serve 9-year terms. In theory a judge's
mandate may be renewed, but no judge has been reelected. The judges
elect the president of the Constitutional Court among themselves by
secret ballot. Citizens may appeal to the Constitutional Court directly
if they believe that their constitutional rights were violated. The
Constitutional Court is required to address every petition it receives;
however, no deadline is specified for the Court to render a decision.
Consequently a considerable backlog of cases has developed. No judge or
member of the Supreme or Constitutional Courts may belong to a
political party or trade union. Members of the Constitutional and
Supreme Courts also may not be members of Parliament, or be employed in
local government. The compulsory retirement age for Constitutional
Court judges is 70 years.
A National Judicial Council nominated judicial appointees other
than the Constitutional Court and oversaw the judicial budget process.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Trials are public, but in some
cases, judges may agree to a closed trial to protect the accused or the
victim of a crime, such as in some cases of rape. Judicial proceedings
generally were investigative rather than adversarial in nature.
Defendants were entitled to counsel during all phases of criminal
proceedings and were presumed innocent until proven guilty. Counsel was
appointed for indigent clients, but the public defender system
generally provided substandard service. There was no public defender's
office; private attorneys may or may not choose to serve in this
capacity. Public defenders were paid poorly--less than $4.00 (1,000
HUF) for the first hour of the trial and less than $2.00 (500 HUF) for
each additional hour--and did not give indigent defendants priority.
Lawyers often met indigent clients for the first time at trial.
Judicial proceedings varied in length and delays of several months
to a year were common before the commencement of trials. Cases on
appeal may remain pending before the courts for indefinite periods,
during which time defendants are held in detention. There is no jury
system; judges are the final arbiters. Recent changes to the law, which
are scheduled to take effect in 2003, would limit the length of
judicial proceedings to 3 years. Under the new Law, prosecutors are to
have greater influence over their cases. Plea-bargaining, which was
known as a trial waiver, was a tool available to prosecutors. Police
believed that plea-bargaining may be an important weapon in the fight
against organized crime.
Many human rights and Romani organizations claimed that Roma
received less than equal treatment in the judicial process.
Specifically they alleged that Roma were kept in pretrial detention
more often and for longer periods than non-Roma. This allegation was
credible in light of general discrimination against Roma; however,
there was no statistical evidence since identifying the ethnicity of
offenders is not allowed under the data protection law. Since the
majority of Roma were among the lowest economic strata, they also
suffered from substandard legal representation.
Military trials followed civil law and may be closed if national
security or moral grounds so justified. In all cases, sentencing must
take place publicly. The law did not provide for the trial of civilians
in military courts.
A Victims' Protection Office operated in each county to provide
psychological, medical and social services to victims of crime. At the
conclusion of judicial proceedings, victims may apply through the
National Public Security and Crime Prevention Public Foundation for
financial compensation, which was to be paid by the person convicted of
the crime. The White Ring Nonprofit Association, which was a member of
the European Victims' Protection Forum, supported the work of the
Victims' Protection Offices. A book on victim protection, used to train
police officers and activists, also contained a list of all NGOs that
provided protection to victims of crime. In December 2001, Parliament
enacted legislation that expanded legal protection of persons involved
in court cases.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions and the Government
generally respected these prohibitions in practice. The law provides
that the prosecutor's office may issue search warrants. Police must
carry out searches of private residences in the presence of two
witnesses and must prepare a written inventory of items removed from
the premises. Wiretapping, which may be done for national security
reasons and for legitimate criminal investigations requires a court's
permission. These provisions appeared to be observed in practice.
According to NGOs, during the year, there were several instances of
evictions of Roma. In Budapest in February, security guards entered the
home of a Roma family without prior notification, which is required,
and began to demolish their residence. The family had resided there for
5 years, and had begun legal proceedings to purchase it. As a result of
the security guards' action, the adult members of the family were made
homeless and three minors were placed in state custody. The Roma Civic
Rights Foundation and other NGOs visited and reported on cases of
forced eviction, and urged local governments to provide temporary
shelters. Several municipal governments began construction of public
housing for low-income residents during the year.
In September local government officials in the village of Paks
condemned and subsequently demolished housing occupied by Roma. The
Paks municipal authorities provided replacement housing in neighboring
villages; however, the mayor of Nemetek, one the neighboring towns,
then refused to allow the Roma families to reside there. Authorities
have taken advantage of situations such as the eviction for nonpayment
of bills or condemnation of Roma homes to relocate and concentrate Roma
populations, in effect creating segregated communities (see Sections
1.d. and 5).
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, the current and previous
governments were criticized by opposition parties for influencing
editorial and personnel decisions of state-owned media. Individuals may
criticize the Government publicly or privately without reprisal, and
did so in practice.
Numerous privately owned print publications expressing a variety of
views were available to the public. The Government generally did not
interfere with the operation of private news media. However, there were
allegations that the Government regularly limited access to government
officials by journalists and editors of a newspaper that had published
reports critical of the Government, as well as an investigatory article
on the Prime Minister.
There were several state-owned radio and television stations; the
audience for private news outlets significantly exceeded that for
state-owned broadcasters. The current government's interference in
state-owned media remained a concern. The previous government attempted
to ``balance'' news coverage through personnel decisions and
appointments to the public media oversight board. For the first 6
months of the year, the oversight board functioned without proportional
political representation that the law requires. Opposition political
parties were traditionally critical of the pro-government news coverage
in state-owned media. The current government pursued a similar form of
manipulation of the state-owned media through personnel decisions.
There were minority-language print media, and the state-run radio
broadcast 2 hours of daily programs in languages of the major minority
groups: Romani, Slovak, Romanian, German, Croatian, and Serbian. State-
run television carried a 26-minute program produced by and for each
major minority group; programs serving the smaller minority communities
were seen every other week or on a monthly basis. All of the programs
were repeated on the weekends. In October Radio C, a nonprofit station
sponsored by public foundations that began broadcasting in February,
was granted a 7-year license; 80 percent of its staff were Roma.
The Media Law created institutions designed to foster a free and
independent electronic media. The law provided for the creation of
nationwide commercial television and radio boards and was intended to
insulate the remaining public service media from government control.
The National Television and Radio Board monitored news broadcasts for
equal treatment of all political parties, and censured and fined public
and private broadcasters. During the year, the Parliament amended the
Media Law to conform to European Union standards.
Internet access was unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
There essentially were no restrictions on peaceful public
gatherings. The Government did not require permits for assembly, except
when a public gathering was to take place near sensitive installations,
such as military facilities, embassies, or key government buildings.
The Government may alter or revoke permits for assembly, but there were
no reports that they used this authority during the year.
On July 4, right-wing groups opposed to the election results staged
several protests in Budapest, including one in front of the Parliament
in which protestors confronted the police. At a separate rally, several
hundred demonstrators blocked vehicle traffic over a central bridge.
The police dispersed these demonstrations and reported that organizers
had not obtained the necessary permits or had understated the size of
the assembly. One court case of alleged police abuse in which a
protestor claimed a police official struck him after he was detained
was pending at year's end.
Ten or more persons may form an association, if it does not commit
criminal offenses or interfere with the rights of others. Associations
with charters and elected officers must register with the courts.
Registration of associations was granted routinely and without bias.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There were 136 officially recognized religions. A group must
provide 100 signatures to register as a religion, which it may do in
any local court. While any group was free to practice its faith, formal
registration made available to religious groups certain protections and
privileges, and granted access to several forms of state funding.
During the year, the Government elevated religious affairs to the
Office of the Prime Minister from its previous location in the Ministry
of Cultural Heritage, and assigned a State Secretary to oversee church
issues.
There was no state religion; however, there are four historically
recognized religions: Roman Catholic, Calvinist, Lutheran, and Jewish.
Not all religions received state support. The Government has provided
subsidies to some religious groups each year, and taxpayers may
contribute 1 percent of their net tax payments to a registered
religious body. During the year, the Government provided subsidies to
100 religious groups, compared with 90 in 2001.
The Government treated the larger, better-established religions
more favorably than minority religious communities. In 2000 Parliament
amended the tax code and set criteria under which direct contributions
to churches were tax deductible; these criteria limited the benefit to
23 of the 136 registered churches.
In 2000 the Hungarian Tax Authority (APEH) initiated investigations
of the Church of Scientology, based on questions regarding the
registration of its clergy. The APEH concluded its investigation early
this year and determined that the Church of Scientology had not
violated tax regulations.
During the year, the Government paid churches $25 million (6.25
billion HUF) in compensation for assets confiscated during the
Communist regime. By 2011 the Government is expected to pay an
estimated $168 million (42 billion HUF), adjusted annually for
inflation, to religious groups for buildings that are not returned.
Representatives of the Jewish community expressed concern over
anti-Semitism in some media outlets, in society, and in coded political
speech. The previous government was criticized for not taking a public
stand against anti-Semitic statements. An increase in anti-Semitic
activity coincided with the April elections for Parliament and included
the defacement of some left-wing campaign billboards with anti-Semitic
graffiti. The Hungarian Justice and Life Party (MIEP), the extreme
rightwing party known for its anti-Semitic statements, failed to
qualify for representation in Parliament because it did not obtain 5
percent of the vote.
The Council of Europe's Commission Against Racism and Intolerance
criticized the anti-Semitism in some media, in Parliament, and in
society. NGOs noted an increase in coded anti-Semitic speech in right-
wing political dialogue that coincided with the elections for
parliament. On August 20, a Catholic bishop speaking at a celebration
of Saint Stephen's Day made derogatory statements using an oblique
reference understood to mean Jews.
According to police reports, there were 200 cases of persons
vandalizing gravestones and cemeteries during the year. There was no
data on which churches the cemeteries belonged to. The Jewish Community
(MAZSIHISZ) claimed that there were fewer acts of vandalism in Jewish
cemeteries than in 2001, and most of the cases were committed by
youths; the MAZSIHISZ did not consider these incidents anti-Semitic
actions.
In one instance, the municipal government of Forro allowed the
destruction of an unregistered Jewish cemetery in contravention of
customary practice for Jewish cemeteries and without notification of
the national government or Jewish organizations. MASZIHISZ contends
that the actions of the Forro administration violate the law concerning
preservation of cemeteries. The cemetery contained graves of the Jewish
community that resided in Forro before its deportation in World War II.
The destruction took place to permit the construction of private homes.
Construction workers discarded gravestones and some caskets in an
adjacent dump. The municipal government of Forro contended that as an
unregistered cemetery there were no legal provisions barring the use of
the land.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
However, some local authorities tried to expel Roma from towns. There
were reports that local government officials in the village of Paks
demolished housing occupied by Roma and provided replacement housing in
neighboring villages. This resulted in allegations that the local
government deliberately sought to resettle Roma outside its boundaries
(see Section 1.f.).
The Government may delay but may not deny emigration for those who
have significant court-assessed debts or who possess state secrets.
Those with approximately $40,000 (over 10 million HUF) or more in
public debt may be denied travel documents. The Government did not
impose an exit visa requirement on its citizens or on foreigners.
Discrimination, poverty, and unresolved social problems continued
to drive Roma emigration, particularly to Canada and EU member states.
In January the Government of Canada reintroduced a visa requirement for
citizens of Hungary to stem frivolous asylum claims (see Section 5).
In January the Status Law took effect, which provided certain
social, educational, and economic benefits to ethnic Hungarians living
in neighboring countries, with the exception of Austria. Under this
law, ethnic Hungarians living abroad could qualify for temporary work
permits and the Government would promote Hungarian minority education
in neighboring states. The new government proposed amendments to the
Status Law to respond to regional criticism of the extraterritorial
effects of the law. During the year, the Government reached agreement
with Romania on implementation of the Status Law.
The law on asylum and refugees provides for the granting of such
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol. The Government cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations assisting refugees. The Government
provided first asylum. During the first 8 months of the year, UNHCR
reported that approximately 4,411 asylum seekers entered the country--a
decrease from previous years--of whom 1,499 were from Afghanistan and
1,287 from Iraq. In 2001 the Government granted 174 applicants refugee
status under the Geneva Convention; 297 applicants were granted
temporary protected status. The primary countries of origin for refugee
and asylum seekers were Afghanistan, Iraq, Bangladesh, Sri Lanka, and
Pakistan. Political changes in the former Yugoslavia resulted in a
decrease in the number of asylum seekers. The Government Office of
Immigration and Nationality (OIN) (formerly the Office of Migration and
Refugee Affairs) is the central authority for asylum and immigration
matters.
Asylum applicants were housed in three government-owned camps and
two temporary camps run by NGOs. The camps have been in operation since
the early 1990s, largely because of the influx of refugees fleeing
various regional conflicts. In 2001 the Government estimated that there
were approximately 5,000 asylum seekers and as many as 40,000 to 60,000
immigrants living in the country illegally; however, the local office
of the UNHCR believed that these figures were too high.
In October 2001, Parliament passed amendments to the Laws on Asylum
and on Aliens aimed at streamlining and simplifying the court process
for asylum; the amendments took effect during the year. As a result of
the amendments and subsequent restructuring of the Office of
Immigration and Nationality, the Ministry of Interior established seven
regional offices to process asylum requests. The OIN also assumed some
responsibilities previously granted to the Border Police, including
administration of reception centers. Prospective refugees who sought
only to transit to other European countries were encouraged to return
to their countries of origin. At the end of the year, there were
approximately 1,224 asylum seekers located in three permanent and one
temporary reception centers. Another temporary reception center closed
during the year. For aliens requiring greater monitoring in a more
restrictive environment, the OIN operated three different shelters it
called community shelters. Aliens housed in the reception centers
enjoyed fewer restrictions of freedom of movement than those in
community shelters did. Several NGOs and human rights organizations
supported asylum seekers and provided legal information.
Foreigners caught trying to cross the border illegally either may
apply for refugee status if they have valid travel documents, or are
housed temporarily at one of eight border guard facilities throughout
the country, pending deportation. During the first 9 months of the
year, 8,451 persons occupied these facilities. On average there were
313 persons in the facilities per day. In 2001 the greatest number of
aliens in the border guard facilities came from Romania (3,638),
Moldova (1,098) and Afghanistan (732). While police sought the timely
deportation of detainees who did not qualify for refugee status, a
shortage of funds and the detainees' lack of property or documentation,
such as passports, often resulted in lengthy stays. NGOs criticized
indefinite detention of stateless and some undocumented foreigners by
the Government pending resolution of their cases. There were no reports
of abuse during deportation. NGOs and foreign governments continued to
criticize the Government for inhumane conditions in the border guard
facilities and for the arbitrary application of asylum procedures. The
restructuring of the OIN, the transfer of some asylum adjudication
procedures from the Border Police and the establishment of OIN
reception facilities were efforts to redress the situation. The
Government has sought to work with NGOs to improve conditions.
There were no reports of the forced return of persons to a country
where they feared persecution during the year.
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 exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections are held at least every 4 years. Elections for Members of
Parliament took place in April, and municipal elections were held in
October.
Members of Parliament are elected every 4 years through a complex,
multi-stage process, in which voters cast ballots for individual
candidates and party lists. In May the Socialist Party and the Alliance
of Free Democrats established a post-election coalition, which gave the
two parties a 10-member majority in Parliament. The Socialist Party was
the senior coalition member and nominated Peter Medgyessy as Prime
Minister. The FIDESZ-Hungarian Civic Party and the Hungarian Democratic
Forum (MDF) represented the opposition faction in Parliament. MIEP as
well as the Smallholders' Party did not obtain the necessary 5 percent
vote threshold to make it into Parliament. The law on ethnic minorities
and the election law provide for the establishment of minority self-
governments (see Section 5).
There were no legal impediments to women's participation in
politics or government. However, only 35 of 386 parliamentary
representatives were women. Three women served in the Cabinet and
several women were State Secretaries and Deputy State Secretaries. Few
women occupied other leadership positions in the Government or
political parties. However, a woman was the head of the Hungarian
Democratic Forum, one of four parties represented in Parliament, and
the Speaker of Parliament was a woman from the Socialist Party. The
level of women's political participation was greater in provincial and
municipal governments than at the national level. The Hungarian Women's
Alliance held weekend courses throughout the year to promote the
participation of women in public life.
Despite the lack of ensured minority representation, there were
several Members of Parliament, including ethnic Germans and ethnic
Slovaks, who were members of ethnic minorities; however, none
specifically represented their respective minority group. The number of
Romani Members of Parliament increased after the April elections. There
were four Roma Members of Parliament, three from FIDESZ, and one from
the Socialist Party.
The law provides for the establishment of local minority self-
governments as a necessary precondition for the enforcement of the
rights of ethnic minorities. With some funding from the central budget
and some logistical support from local governments, local minority
self-governments sought to influence and oversee matters affecting
minorities, particularly in the fields of education and culture. Local
minority self-government elections, in conjunction with local
government elections, have been held since 1994. Any of the 13
minorities can set up a minority self-government if at least 50 valid
votes are cast in settlements with fewer than 10,000 inhabitants and if
at least 100 votes are cast in larger settlements.
Since ethnicity was not registered officially, voting on minority
self-governments was not limited to the minorities themselves; all the
voters received a minority ballot in addition to the local government
ballot. The elected local minority self-governments could elect their
national minority self-governments; all 13 minorities have formed
national self-governments. Several Roma self-governments formed
regional groupings to facilitate cooperation. Minority self-government
has been criticized mainly on two grounds. First, several minority
representatives have objected to the fact that members of the majority
can vote for minority candidates and thus influence minority politics;
second, critics called for an increase in the competence of the
minority self-governments and considerably more financial resources for
them.
There were cases of non-minority candidates being elected to
minority self-governments in this year's elections. In Jaszladany,
where tensions between Roma and non-Roma were strained, the
participation of members of the majority in the Roma minority self-
government elections resulted in four non-Roma being elected to the
five-member body. Roma rights observers viewed this move as a
deliberate attempt to undermine the local Roma community. The Minister
of Justice and the State Secretary for Roma Affairs criticized the
election outcome. According to government officials, since the law does
not proscribe who may be a candidate or vote in minority self-
government elections, there were no grounds to challenge the result.
Roma mayors headed four municipal governments and 544 Roma sat on
local and county government assemblies.
In October there were 1,004 Roma minority self-governments elected
in the local minority elections, an increase over the 770 elected self-
governments in the minority elections held in 1998. Of those elected in
1998, a number of self-governments ceased functioning due to a lack of
resources, knowledge, and leadership. Following the October municipal
elections, minority self-governments were established in 1,317
settlements, bringing the total number of active self-governments to
1,811. The Roma minority poses a special challenge for the system of
national minority self-governments. In contrast to other minorities for
whom the preservation of their identity and culture was the basic goal,
the Roma also had to contend with the fact that they generally belonged
to the lowest socio-economic strata of society. Both ethnicity and
poverty were problems that the Roma had to deal with; the Roma self-
governments, unlike others, were faced with the task of improving the
lives of their constituents with no additional resources.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Many NGOs reported
that the Government continued to be responsive to their requests for
information. Human rights groups indicated improvement in the degree of
cooperation from government Ministries and prosecutors' offices on
cases involving Roma and police abuse. An increasing number of NGOs
were involved in the law-making process; however, NGOs claimed that the
Government's cooperation in this area was insufficient.
The Government did not interfere with activities of international
NGOs and several established offices in the country, including Human
Rights Without Frontiers and the Helsinki Committee.
There was a 21-member parliamentary Committee for Human, Minority,
and Religious Rights, which conducted hearings and participated in the
law-making process. The Committee was composed of both majority and
opposition Members of Parliament, which reflected the proportion of
party representation in Parliament. In 1995 the Parliament created
separate Ombudsmen for human rights, data protection, and minority
affairs. The Ombudsmen's offices were independent from the Government,
and prepared annual reports to Parliament on their activities and
findings. Parliament elected Ombudsmen for a 6-year term, with the
possibility of reelection. In June 2001, the Minority Affairs Ombudsman
was reelected for a second 6-year term. Persons with complaints who
have not obtained redress elsewhere may seek the assistance and
investigative authority of the Ombudsmen's office.
The Minority Affairs Ombudsman--an ethnic German reelected in June
2001--was charged specifically with defending minority rights. The
Ombudsman played an active role in the examination of allegations of
discrimination against the Roma community in such cases as school
segregation, access to housing and the election of non-Roma to the Roma
minority self-governments (see Section 5).
In 2001 the Minister of Justice established an interministerial
antidiscrimination committee to consider the antidiscrimination bill
drafted by the Ombudsman; committee members included representatives of
relevant ministries, the Government Office of Ethnic Minorities, and
the Ombudsman.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for individual rights, equality, and
protection against discrimination; however, in practice discrimination
persisted, particularly against the Roma.
Women.--Spousal abuse was believed to be common, but the vast
majority of such abuse was not reported, and victims who came forward
often received little help from authorities. The NGO Women Against
Violence reported that 20 percent of women were threatened by or were
victims of domestic violence and that one woman per week was beaten to
death. NGOs also reported that there was insufficient emphasis on the
protection of female crime victims. Police and prosecutors usually were
unsympathetic to victims of domestic abuse.
The laws criminalize spousal rape. Women's rights organizations
claimed that one woman in ten was a victim of spousal abuse and that
societal attitudes towards spousal abuse were archaic. The law
prohibits domestic violence and establishes criminal penalties for
those convicted of such acts. During the year, there were no known
prosecutions for domestic violence.
While there are laws against rape, often it was unreported for
cultural reasons. Police attitudes toward victims of sexual abuse
reportedly were often unsympathetic, particularly if the victim was
acquainted with her abuser. In the first 6 months of the year, women
were victims of 43,655 reported crimes; in 2001 women were the victims
of 91,004 reported crimes. During the first 6 months of the year, there
were 2,402 reports of crimes against family, youth, and sexual
morality. NGOs claimed that the police were unwilling to assist victims
in one-third of the reported cases. During the year, there was minor
improvement in police attitudes toward victims of sexual assault.
Police recruits began to receive training from representatives of NGOs
and international organizations in how to properly respond to rape and
sexual assault cases. Victims of domestic violence may obtain help and
information via a national hot line or at one of several shelters. The
hot line operated intermittently for three hours each day; a message
system existed for when a counselor was unavailable in person. Shelters
provided short-term refuge, and their locations were concealed to
protect victims.
Prostitution is illegal; however, in accordance with the law,
municipal governments may establish ``tolerance zones'' where such
activity may occur. Only one tolerance zone was in operation, in the
eastern city of Miskolc.
The law makes illegal relationships between an adult and a minor
where the minor is under 14 years of age.
Trafficking in women for the purposes of sexual exploitation was a
serious problem (see Section 6.f.).
The law does not prohibit sexual harassment in the workplace. A
report on the country prepared under the auspices of the U.N. to
evaluate compliance with the Convention on the Elimination of
Discrimination Against Women found that sexual harassment in the
workplace was ``virtually epidemic.'' Women's groups reported that
there was little support for efforts to criminalize sexual harassment,
and that sexual harassment was tolerated by women who feared
unemployment more than harassment. The Labor Code regulates questions
of security in the workplace; acts of sexual harassment may be
prosecuted under the defamation statutes (if violent, such acts are
considered sexual misconduct). Sentences of up to 3 years' imprisonment
may be imposed for sexual harassment. During the year, no charges were
brought under this provision of the Labor Code.
Women had the same rights as men, including identical inheritance
and property rights. For budgetary reasons, the Office for Women's
Issues suspended operation of its antidiscrimination hot line, which
offered free legal advice to women who believed that they were
discriminated against with respect to employment. According to the head
of the office, the hot line received 20 to 30 calls per day. While
there was no overt discrimination against women, the number of women in
middle or upper managerial positions in business and government
remained low, and in practice women received lower pay compared to men
in similar positions and occupations. Nevertheless, the number of women
in the police and the military has risen over the past several years,
and women were represented heavily in the judiciary and in the medical
and teaching professions. During the year, the Government created new
positions for women's affairs, which included a directorate general in
the Ministry of Employment and Labor Affairs and a separate division to
promote equal opportunity.
Children.--The Government was committed to children's rights.
Education was mandatory and free through 16 years of age. The Ministry
of Education estimated that 95 percent of school-age children, with the
exception of Roma children, were enrolled in school. Roma were far more
likely than non-Roma to stop attending school before age 16. Reliable
figures on Roma enrollment and graduation rates were unavailable due to
the prohibition of collecting data on ethnicity.
Roma and other civic organizations highlighted the practice of
placing Roma children in remedial education programs designed for
children with mental disabilities or low academic performance,
resulting in de facto segregation. Although the children could be
returned to the regular school system, only a small percentage
returned. In April the Ombudsman for National and Ethnic Minority
Rights declared that segregation continued to exist in public
education. The Ombudsman cited the case of a primary school in Verpelet
in Heves County, where Roma children were educated in separate
classrooms beginning in first grade, without the consent of the
parents. An earlier report by the Ombudsman's office found that the
high proportion of Roma children in ``special schools'' for children
with mental disabilities was a sign of prejudice and a failure of the
public education system. To prevent the improper placement of children
in remedial education, particularly Roma children, parents were
required to concur in the decision of the school to enroll their child
in such a program and the child was tested yearly to measure
educational performance. NGOs remained concerned that Roma children
were still improperly referred to special schools despite the
safeguards. The Government Office of National and Ethnic Minorities
estimated that as many as 700 schools had segregated classrooms. The
Government contested the claims of human rights organizations and
stated that the Roma schools were designed to provide intensive help
for disadvantaged children.
In one case of segregation in the education of Roma, the municipal
government of Jaszladany in central Hungary established eleven private
classrooms in the public school, which the Roma minority self-
government and the Ministry of Education interpreted as a move to
separate Roma and non-Roma students. The municipal government had
applied for the classrooms to be accredited as a separate charter
school during the former government and were scheduled to begin
operation in September. The new Minister of Education suspended the
accreditation process and barred the private classrooms from operating.
Nevertheless, ethnically divided classrooms continued to function in
the Jaszladany public schools.
In 2001 the former government converted the family allowance into a
school attendance allowance. This measure was intended to force
children to go to school, but some Romani NGOs feared that this could
be another form of discrimination against Roma, many of whom lived in
small villages with no high schools within manageable distance. The
extreme poverty of many Roma made it difficult for them to clothe their
children appropriately for school. The Roma alleged that the taking
away of the family allowance was punishment for neglecting to do
something that they could not afford.
There were programs aimed at increasing the number of Roma in
higher education. The Romaversitas program supported Romani students
finishing degrees in institutions of higher education, and there were
Departments of Roma Studies in the Teachers' Training Colleges in Pecs
and Zsambek. The Government provided a number of scholarships to Roma
children at all levels of education through the Public Foundation for
the Hungarian Roma. The Government reported that in the previous
academic year, 12,777 Roma students received state-funded scholarships,
of which 1,200 were given for studies at the university level. School-
age children may receive free medical care at state-operated
institutions and most educational facilities. Psychologists were
available to evaluate and counsel children, and provisions existed for
children to obtain dental care; the Social Security Office provided
these services.
Child abuse remained a problem. A 1999 survey showed that over 25
percent of girls suffered from abuse by a family member before they
reached the age of 12. The percentage of girls who faced abuse in the
family during the year was believed to be unchanged. NGOs reported that
neglect and abuse were common in state care facilities. A number of
laws were passed to address family violence, including a law on the
protection of children. The Criminal Code provided for serious
sanctions against the neglect and endangerment of minors, assault, and
preparation of child pornography. The application of laws to protect
children were enforced infrequently. In August a minor killed her
stepfather after several years of repeated physical and sexual abuse.
Police and social services failed to intervene to protect the minor
despite frequent requests for assistance by the minor and her mother.
The minor reportedly confessed to the killing but police continued to
investigate and have not brought charges. During the first half of the
year, children were the victims of 1,639 crimes; in 2001 they were the
victims of 2,828 crimes.
Child prostitution was not a common practice, although isolated
incidents existed. Severe penalties existed under the law for those
persons convicted of engaging in such acts. Trafficking in children for
the purpose of sexual exploitation was a problem (see Section 6.f.).
Persons with Disabilities.--The law does not permit discrimination
against persons with disabilities in employment, education, or in the
provision of other state services. Government sources estimated that
there were between 600,000 and 1 million persons with disabilities (6
to 10 percent of the population). Of these persons, 300,000 to 350,000
were considered seriously disabled and received increased government
benefits. Persons with disabilities faced societal discrimination and
prejudice.
A Council for the Disabled was established in 1999 under the
leadership of the Minister of Social and Family Affairs. The Council
served as an advisory board to the Government. A decree requires all
companies that employ more than 20 persons to reserve five percent of
their jobs for persons with physical or mental disabilities, with fines
of up to 75 percent of the average monthly salary for noncompliance.
The foreign NGO Mental Disability Rights International (MDRI) and the
local NGO Hungarian Mental Health Interest Forum (PEF) noted that no
procedures existed to oversee the treatment and care of persons with
disabilities who were under guardianship. The MDRI and the PEF also
criticized the use of cages in government facilities for persons with
mental disabilities.
The law mandates access to buildings for persons with disabilities;
however, services for persons with disabilities were limited, and most
buildings were not wheelchair accessible.
National/Racial/Ethnic Minorities.--The law recognizes individuals'
minority rights, establishes the concept of the collective rights of
ethnic minorities, and states that it is their inalienable collective
right to preserve their ethnic identity. The law also permits
associations, movements, and political parties of an ethnic or national
character and mandates the unrestricted use of ethnic languages. For an
ethnic group to be recognized it must have at least 100 years' presence
in the country, and its members must be citizens. On this basis,
minority status was granted specifically to 13 national or ethnic
groups (among which the Roma were by far the most numerous). Other
groups may petition the Speaker of Parliament for inclusion if they
believe that they fulfill the requirements.
According to the national census conducted in 2001, Roma
constituted about 2 percent of the population. Census questions
regarding ethnicity were voluntary, although the results may not
reflect actual numbers, which many NGOs and government offices
estimated at approximately 9 percent. In view of the higher birth rate
among Roma compared with the general decline in the majority
population, observers expected this trend to remain constant or to
grow, something which continued to cause widespread concern among the
majority population. Ethnic Germans, the second largest minority group,
constituted approximately 0.7 percent of the population. Smaller
communities of Slovaks, Croats, Romanians, Poles, Ukrainians, Greeks,
Serbs, Slovenes, Armenians, Ruthenians, and Bulgarians also were
recognized as ethnic minorities. Living conditions for Romani
communities continued to be significantly worse than for the general
population. Roma were the target of government and societal
discrimination and racist attacks. They were significantly less well
educated, and had below average income and life expectancy. The
unemployment rate for Roma was estimated to be approximately 70
percent, more than 10 times the national average. The majority of Roma
lived in extreme poverty.
The Government established a secretariat within the Office of the
Prime Minister to coordinate Roma Affairs. A Political State Secretary
directed this new office; he was a Roma Member of Parliament and former
president of the Roma minority self-government of Nagykanizsa. A new
Ministerial Commissioner for Roma Affairs was also created, and the
Government planned to place a commissioner in six ministries. At the
end of the year, only one Ministerial Commissioner for Roma Affairs was
in place, in the Ministry of Education.
The Minority Affairs Ombudsman played an active role in the
examination of allegations of discrimination against the Roma community
and continued to promote a uniform antidiscrimination law (see Section
4). There was 1 Roma lawyer out of 11 in the Ombudsman's office.
Reports of police abuse against Roma were common, but many Roma
were fearful to seek legal remedies or notify NGOs (see Section 1.c.).
Police also failed to intervene to prevent violence against Roma. In
June the Salgotarjan Municipal Court sentenced two police officers to
multiple year prison terms for threatening a Roma family with a firearm
and for abuse of their official positions. According to the Roma Press
Center, on January 29, in Pecsvarad village, an unknown assailant set
fire to the Roma minority self-government building. The fire
extinguished itself and damage was minor. Police conducted an
investigation but did not identify a suspect. At year's end, there had
been no progress in this case.
Changes to the Penal Code made it easier to enforce and stiffened
penalties for hate crimes committed because of the victim's ethnicity,
race, or nationality. During the year, the Government brought charges
in five separate cases for incitement of the public, two of which
resulted in convictions. Three cases from 2001 were pending at year's
end. Authorities used the prohibition against public incitement to curb
some forms of hate speech in the absence of specific hate speech
legislation. The Office of the Prosecutor charged a member of the
extremist Justice and Life Party with the publication of an anti-
Semitic article in a local newspaper, resulting in a conviction. In a
second instance, two individuals were charged with reprinting and
distributing World War II era anti-Semitic tracts. The courts did not
reach a verdict in a 2001 case against the distributors of the Elders
of Zion, another anti-Semitic publication.
Local government officials continued to punish Roma who were unable
to pay utility bills by evicting their families from their homes
without providing alternative housing (see Section 1.f.). In some
areas, the relocation and concentration of Roma populations has, in
effect, created segregated communities. In the summer of 2000, laws on
the tenancy of flats were amended to ease administrative procedures for
evicting squatters. Under the new procedures, notaries public may
authorize evictions and are required to enforce the order within 8
days, even if an appeal was filed against the decision. Roma families
continued to be most affected by the new rules.
The Government reduced the limit on unemployment benefits from 1
year to 9 months in 2000, affecting the Romani community
disproportionately and further exacerbating their poverty. Negative
stereotypes of Roma as poor, shiftless, and a social burden persisted.
Widespread discrimination against Roma continued in education, housing,
and access to public institutions such as restaurants and pubs. In some
instances, the authorities fined establishments that banned Roma.
Education was available to varying degrees in most minority
languages. There were certain minority schools where the minority
language was also the primary language of instruction, and there were
some schools where minority languages were taught as a second language.
Schools for Roma were more crowded, more poorly equipped, and in
significantly worse condition than those attended by non-Roma.
Government sources estimated that graduation rates for Roma remained
significantly lower than for non-Roma students, although no statistics
were available at the end of the year.
Section 6. Worker Rights
a. The Right of Association.--The Labor Code recognizes the right
of unions to organize and permits trade union pluralism. Workers have
the right to associate freely, choose representatives, publish
journals, and openly promote members' interests and views. There were
six trade union federations; each was targeted broadly at different
sectors of the economy. The largest labor union organization was the
National Confederation of Hungarian Trade Unions, the successor to the
former monolithic Communist union, with approximately 235,000 members.
According to the Tax Authority of Hungary, in 2001, 654,000 taxpayers
declared a deduction for payment of union fees.
Employers are prohibited from discriminating against unions and
their organizers. The new Ministry for Employment Policy and Labor
Issues enforced this provision.
There were no restrictions on trade union contacts with
international organizations, and unions have developed a wide range of
ties with international trade unions.
b. The Right to Organize and Bargain Collectively.--The Labor Code
permits bargaining at the enterprise and industry level, but collective
bargaining was not widespread in many sectors of the economy. However,
labor organizations appeared willing to cooperate with each other. For
example, the major trade unions worked closely together in the Interest
Reconciliation Council, which brought together government, employers,
and trade unions to advise the Government on labor policies and to set
target wage increases. Individual trade unions and management may
negotiate higher wages at the plant level. Under a separate law, public
servants may negotiate working conditions, but the final decision on
increasing their salaries rests with Parliament. In July the Government
re-established the Labor Ministry, disbanded in 1998, under the name of
the Ministry for Employment Policy and Labor Issues. The Labor Ministry
was responsible for drafting labor-related legislation, among other
tasks.
With the exception of military personnel and police officers,
workers had the right to strike.
There were no export processing zones, but individual foreign
companies frequently were granted duty-free zone status for their
facilities. Employees in such facilities and zones are protected under
the labor laws.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Government adopted laws to protect children from
exploitation in the workplace. The Labor Code prohibits labor by
children under the age of 15 and regulates labor conditions for minors
(14 to 16 years of age), including prohibitions on night shifts and
hard physical labor. Children may not work overtime. The National Labor
Center enforced these regulations in practice, and there were no
reports of any significant violations of this statute.
e. Acceptable Conditions of Work.--In July the Government
reestablished the Interest Reconciliation Council (IRC), replacing the
National Labor Council. The IRC had the right to establish the minimum
wage through agreement among its participants, representatives of the
Government, employers, and employees. In January the minimum wage was
raised to $200 (50,000 HUF). By year's end, public school teachers and
health care professionals also received a 50 percent wage increase. The
minimum wage did not provide a decent standard of living for a worker
and family. The minimum wage was only 41 percent of the average wage.
Many workers needed a second job to support themselves; others, while
officially earning the minimum wage, were paid more under the table.
This practice allowed workers and employers to avoid paying high
pension and health care contributions, which were determined as a
percentage of the wage. The Government established the National Labor
Affairs Supervising Authority to reduce the underreporting of wages. In
2001 the Authority audited 48,000 employers.
The Labor Code specifies various conditions of employment,
including termination procedures, severance pay, maternity leave, trade
union consultation rights in some management decisions, paid vacation
and sick leave entitlements, and labor conflict regulations procedures.
Under the Code, the official workday is set at 8 hours. However, it may
vary depending upon the nature of the industry. A 48-hour rest period
was required during any seven-day period. In July the Parliament
amended the Labor Code to incorporate nine EU directives that covered
protection and rights of employees, conditions of employment, and equal
opportunity in employment. The amendments have brought the Labor Code
into conformity with EU standards. In September the Government ended
employers' flexibility in scheduling the obligatory 2 days of rest per
week, something often criticized by labor groups in the past.
Labor courts and the Ministry of Economy enforced occupational
safety standards set by the Government, but specific safety conditions
were not consistent with internationally accepted standards. The
enforcement of occupational safety standards was not always effective,
in part due to limited resources. Under the Labor Code, workers had the
right to remove themselves from dangerous work situations without
jeopardizing their continued employment; this right was respected in
practice.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in persons remained a serious problem.
Some border guards facilitated trafficking.
Parliament amended the Penal Code to add a trafficking law that
provides penalties commensurate with those for rape. Under the law,
even preparation for the trafficking of persons is a criminal offense.
The penalty for trafficking was between 2 and 8 years in prison; the
trafficking of minors was punishable by up to 10 years in prison.
However, if an organized trafficking ring is involved, the sentence can
be life imprisonment or seizure of assets. An amendment to the alien
law provided for immediate expulsion from the country of foreign
traffickers. Prosecution of traffickers was difficult because there was
no legislation to protect victims; however, in 2001 a total of 34
trafficking cases were brought to trial, all of which remained pending
at year's end. The Police Organized Crime Task Force investigated
trafficking cases involving organized crime, and the Government
cooperated with other countries to facilitate improved police
cooperation to combat organized crime and trafficking in persons.
The country was primarily a transit point, but was also a source
and destination country for trafficked persons. Women and children were
trafficked for sexual exploitation primarily from Romania, Ukraine,
Moldova, Poland, Yugoslavia, and China to and through the country to
Austria, Germany, Spain, the Netherlands, Italy, France, Switzerland,
and the United States. Trafficking victims from Hungary typically were
women from the eastern part of the country, where unemployment was
high. They were trafficked to other European countries or other parts
of the world, primarily to Austria, Belgium, Germany, Italy, and the
Netherlands, as well as Canada, Japan, Spain, Switzerland, and Turkey.
In October the Government repatriated several Hungarian women
trafficked to Cyprus for prostitution. Men trafficked for forced labor
through the country en route to EU countries and the United States were
from Iraq, Pakistan, Bangladesh, and Afghanistan.
Organized crime syndicates brought many of the victims of
trafficking to the country, either for work as prostitutes in Budapest,
or in transit to Western Europe or North America. Hungarian trafficking
rings also exploited victims by using them as babysitters,
housekeepers, and manual laborers. Russian-speaking organized crime
syndicates were active in trafficking women, primarily from Ukraine and
other countries of the former Soviet Union to EU countries through
Hungary. Hungarian victims mainly were young women, although they also
included men, middle-aged women, and children. They were recruited at
discos and modeling agencies, through word-of-mouth, or even through
open advertisements in local papers and magazines. Reportedly, some
victims knew that they were going to work illegally; others believed
they were getting foreign visas; others expected to work, but believed
their employers were obtaining the appropriate papers and permission,
but their employers turned out to be traffickers. Once at their
destination, they were forced into prostitution or other exploitation.
Traffickers often confiscated identification documents and severely
restricted the freedom of movement of their victims.
Corruption among some border officials persisted during the year;
this corruption aided traffickers. During the year, the Ministry of
Interior concluded two investigations involving 65 border guards, and
charged 12 with corruption. Both investigations confirmed that certain
border guards stationed on the Slovakian, Ukrainian, and Romanian
borders received bribes to allow foreigners to enter the country
without inspection of their travel documents, and to waive inspection
of the contents of some vehicles. Those guards charged with corruption
were held in pretrial detention pending the commencement of their case
in a military court. At year's end, these cases remained pending.
The Government provided limited assistance to victims of
trafficking. In principle assistance with temporary residency status,
short-term relief from deportation, and shelter assistance were
available to trafficking victims who cooperated with police and
prosecutors; however, there were no documented cases where such
assistance was provided. Reportedly, police and immigration officials
often treated trafficking victims as criminals, and refused to believe
reports of kidnaping of young women.
The Ministry of Interior established a Victims' Protection Office,
a victims' protection fund, and has posted information on victim
protection in every county police headquarters. Branches of a new
Victims' Protection Office, which provided psychological and social
support services and legal aid for victims in an effort to safeguard
their rights and minimize the trauma of trials, operated in 42
localities (see Section 1.e.). However, the women's NGO Women Against
Violence Against Women (NANE) reported that the Victim Protection
Office did not deal exclusively or even primarily with victims of
trafficking.
The International Organization on Migration (IOM) continued a
program funded by the EU to raise awareness of the problem of
trafficking and to educate potential victims. Women's rights
organizations, the IOM, and the Ministry of Youth and Sports Affairs
were conducting preventive programs for teenagers in schools. NANE
established an information hot line that operated simultaneously with
the IOM campaign to provide information on the types of trafficking-
associated advertisements and situations that young women should beware
of. NANE, the IOM, the Public Fund For a Safe Hungary, and funding from
foreign governments established a joint project to continue and enhance
the operation of the hot line.
NGOs working on trafficking problems reported that cooperation with
government agencies working on trafficking issues was improving. The
NGOs provided some training to law enforcement officers in the
recognition and identification of trafficking victims. This included
sensitivity training as well as techniques to combat trafficking in
persons.
----------
ICELAND
Iceland is a constitutional republic and a parliamentary democracy
in which citizens periodically choose their representatives in free and
fair multiparty elections. The judiciary is independent.
Elected officials maintained effective control of the police
forces, which were responsible for internal security. There were no
military forces. There were no reports that security forces committed
human rights abuses.
The mixed, open economy provided residents with a high standard of
living. The country had a population of approximately 286,000. The
gross domestic product (GDP) during the year was approximately $8
billion; GDP growth was approximately 2 percent. Fish and other marine
products accounted for about 40 percent of the country's exports.
Aluminum was the second leading export.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Human rights monitors expressed
concern about the Government's policy on dissent by foreign visitors
and on protections of citizens' privacy. Violence against women
remained a problem that the Government took steps to address. Some
societal discrimination against women persisted, especially in the area
of equal pay. There were reports of trafficking in women for
prostitution. Iceland was invited as a participant to the second
Ministerial Meeting of the Community of Democracies in Seoul, Republic
of Korea, in November.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Most of
the country's prison population of fewer than 110 inmates were held at
Litla Hraun Prison, which included a state-of-the-art detention
facility. However, the prison system used a substandard jail
(Hegningarhusid, built in 1874), where the 16 individual cells lacked
toilets and sinks. In most cases, prisoners were kept in Hegningarhusid
Prison only a short time for evaluation and processing before being
transferred to another facility. Some prisoners with short sentences
(less than 30 days) elected to serve their time there to be closer to
friends and family.
Human rights observers expressed concern about the use of illegal
drugs by some inmates at Litla Hraun Prison and about the lack of
social services to help inmates overcome drug addiction and prepare
them for eventual release. For humanitarian reasons, authorities have
not instituted stringent controls on visitation that could stop
narcotics from being smuggled into the prison.
In 2001 in response to the Council of Europe's 1999 finding that
authorities used solitary confinement excessively, the Ombudsman of the
Parliament investigated its use as a punishment for violations of
prison regulations. He concluded that the Ministry of Justice needed to
adopt clearer guidelines to prevent the arbitrary use of solitary
confinement by prison authorities. By year's end, the Ministry had not
done so. During the year, 94 of 108 persons placed in custody spent
some time in isolation. The average time spent in isolation was
approximately 14 days.
There was a separate minimum-security prison for women inmates.
However, because so few women were incarcerated, some men who have been
convicted of nonviolent crimes were held there as well. Juvenile
offenders 15 years of age or older could be sentenced to prison terms,
but the vast majority were given probation, suspended sentences, or
attended a treatment program instead of going to jail. In the rare
instances when juvenile offenders were incarcerated, they were held
with adults since there was no separate facility for juveniles. The
Government argued that such separation was not practical since the need
to incarcerate a juvenile occurred infrequently.
The law allows pretrial detainees to be held with the general
prison population; some human rights observers criticized this law. In
2001 the Government budgeted planning funds for a new remand prison
just outside of Reykjavik; however, construction had not begun by
year's end.
The Government permitted prison visits by independent human rights
observers. The Icelandic Red Cross carried out regular prison visits to
counsel prisoners and address their individual concerns. The
independent Ombudsman of Parliament monitored prison conditions during
the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, followers of the Falun Gong
religious movement complained in June that the Government detained them
for several hours before admitting them to the country (see Section
2.b.). Officials said that the names of Falun Gong practitioners were
gathered by police with the help of police in countries where these
persons had been involved in civil disturbances.
Police may only make arrests where there is a strong suspicion of a
crime having been committed or where a person refused to obey police
orders to move. There were no reports of arbitrary arrests. All persons
placed under arrest were presented with a form for their signature that
outlines their rights and options. Within 24 hours of the arrest they
appear before a judge who rules on whether they need to remain in
custody during the investigation. They were entitled to legal counsel.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution and the law
provide for an independent judiciary, and the Government generally
respected this provision in practice.
There were two levels of courts. A five-member Judicial Council
appointed by the Minister of Justice administered the eight district
courts, and the Supreme Court administers itself. All judges, at all
levels, served for life.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Juries were not used, but
multijudge panels were common, particularly in the Supreme Court, which
heard all appeals. Depending upon the seriousness of the case, a
Supreme Court panel could have from three to seven judges. Defendants
were presumed innocent and generally were tried without delay. They
were provided access to legal counsel of their own choosing with
sufficient time in general to prepare their defense. For defendants
unable to pay attorneys' fees, the State covered the cost, as set by
the court; however, defendants were required to reimburse the State.
Defendants had the right to be present at their trial, to confront
witnesses, and to participate in the proceedings. No groups were barred
from testifying, and all testimony was treated alike. The courts had
the discretion to allow the introduction of evidence obtained illegally
by the police. With limited exceptions, trials were public and
conducted fairly, with no official intimidation. Defendants had the
right to appeal, and appeals were handled expeditiously.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Scientists and privacy advocates criticized the Ministry of Health
and Social Security's national medical data program as a threat to
citizens' privacy. The Government maintained access to health records
under the 1998 Act on the Health Sector Database without prior
affirmative consent by citizens. Its purpose was national health
planning and policy. The program is expected to be completed in 2003.
During the year, approximately seven percent of citizens exercised
their option not to participate in the program.
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. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. The law bans the production,
exhibition, distribution, or sale of violent motion pictures, which
strive to show mistreatment or the brutal killing of men or animals. A
six-member Motion Picture Review Committee, appointed by the Minister
of Education and Culture, reviewed all motion pictures before they were
shown and rated their suitability for children.
The country had three national daily newspapers, numerous radio
stations, and two television stations that broadcast news, one of which
was state owned but journalistically independent. There were also
numerous Internet magazines devoted to news and political debate.
Internet access was available and unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice; however, during the June
visit of Chinese President Jiang Zemin, the Government attempted to
prohibit approximately 100-120 Falun Gong practitioners from entering
the country. Authorities asserted that they lacked the capacity,
including facilities and officers, to maintain order and handle the
assembly of hundreds of foreign followers of the spiritual movement,
which is illegal in China. On June 11, police detained approximately 70
Falun Gong followers on their arrival at Keflavik International
Airport; they were released late that night. The detainees did not
allege mistreatment. Falun Gong representatives demanded an apology
from the Government, which met them after significant pressure. On June
14, approximately 500 persons assembled peacefully in front of the
parliament building (see Section 2.c.) to protest Chinese policies and
government actions against Falun Gong demonstrators. The Government's
treatment of Falun Gong members provoked heavy criticism within the
country from politicians, the media, and the public.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The State financially supported and promoted the official
religion, Lutheranism.
The State directly paid the salaries of the 146 ministers in the
State Lutheran Church, and these ministers were considered to be public
servants under the Ministry of Justice and Ecclesiastical Affairs
(MOJ); however, the Church was autonomous in its internal affairs. The
Government did not pay Lutheran ministers in the nonstate churches,
also known as Free Churches.
All citizens 16 years of age and older had to pay a church tax of
approximately $73 (isk 6,800) per year. For persons who were not
registered as belonging to a religious organization, or who belonged to
one that was not registered and recognized officially by the
Government, the tax payment went to the University of Iceland, a
secular institution.
The law sets specific conditions and procedures that religious
organizations must follow to be registered by the Government. Such
recognition was necessary for religious organizations other than the
state church to receive a per capita share of church tax funds from the
Government. The law applies only to religious organizations that are
seeking to be, or are already, officially recognized and registered. No
restrictions or requirements were placed on unregistered religious
organizations, which had the same rights as other groups in society.
By law religious instruction in Christianity is required in the
public schools; however, students may be exempted.
In June Falun Gong followers from China experienced entry
difficulty and detention in connection with the visit of Chinese
President Jiang Zemin (see Section 2.b.).
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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 neither the Constitution nor the law includes provisions
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, in practice the Government adjudicated cases in accordance
with their provisions. The Government cooperated with the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees. In May the Government adopted the Act on
Foreigners, which is scheduled to enter into force in January 2003.
There was concern that the 1965 Supervision of Foreigners Law gives
police and customs officers at ports of entry too much discretion to
deny admission to asylum seekers whose claims they deem not credible.
The new law will provide guidelines on the granting of asylum and
refugee status, particularly that only the Directorate of Immigration
will have the discretion to deny admission to asylum seekers.
In 2001 the country became part of the Schengen free travel area,
resulting in the elimination of formal border controls on the movement
of persons into the country from other Schengen countries.
The Government has not formulated a policy of first asylum. Because
of the country's geographic isolation, the question of first asylum
rarely has arisen; however, the Directorate of Immigration and the
Icelandic Red Cross (which housed and assisted asylum seekers under a
government contract) reported that 94 persons had applied for asylum by
October, compared with 52 in 2001. Of these 33 were sent to other
countries and 60 withdrew their applications or disappeared. At year's
end, the applications of 18 persons still were being processed. Most
asylum seekers applied for asylum after entering the country, rather
than in the international sector (airside) of the airport. Official
asylum procedures require that asylum seekers who are admitted into the
country be turned over immediately to the Icelandic Red Cross and the
Directorate of Immigration for processing and care. Processing of
asylum cases could take 1 year or more, during which time asylum
seekers were eligible for state-subsidized health care but could not
work or enroll their children in public schools.
In June Falun Gong supporters visiting from China were detained for
a brief period (see Section 2.b.).
The Government planned to receive 10 to 15 UNHCR-designated quota
refugees during the year, substantially fewer than in previous years.
However, no refugees were accepted during the year due to a reduction
in funding.
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 last elections to the Althingi, the unicameral
legislature, were held in 1999.
A center-right coalition has governed since 1991. The next national
elections are scheduled for May 2003. There were 23 women in the 63-
member Parliament, 3 women in the 12-member Cabinet, and 2 on the 9-
member Supreme Court. In April the Government gave foreigners who have
resided in the country legally for 5 years or more the right to vote in
municipal elections.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. An independent
Ombudsman, elected by the Parliament, monitors national and local
authorities to ensure equal protection of persons residing in the
country, whether citizens or aliens. Complaints may be lodged with the
Ombudsman regarding decisions, procedures, and conduct of public
officials and government agencies. The Ombudsman may demand official
reports, documents, and records and may summon officials to give
testimony. The Ombudsman has access to official premises. While the
Ombudsman's conclusions are not binding on the authorities, his
recommendations normally have been followed, and he made annual reports
of his work to the Parliament. There was also a Children's Ombudsman
(see Section 5).
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on these factors.
The population was strongly egalitarian and opposed discrimination
based on any of these factors.
Women.--The law prohibits domestic violence and rape, including
spousal rape. Violence against women continued to be a problem, with
gang rapes reportedly becoming more frequent during the year. Police
statistics indicated that the incidence of violence against women--
including rape and sexual assault--was low; however, the number of
women seeking assistance at the public women's shelter, the counseling
center, and the emergency ward of the National Hospital indicated that
many incidents go unreported. Each year about 100 women ask for
temporary lodging at the women's shelter, while 300 to 400 women and
children seek assistance at the counseling center. During the year,
they had 410 visitors, 225 of whom came to the center for the first
time.
The Government helped finance various facilities and organizations
that provided assistance to victims of violence. The City of Reykjavik,
in addition to partially funding such services, provided help to
immigrant women in abusive relationships, offering emergency
accommodation, counseling, and information on legal rights. Courts
could issue restraining orders. Victims of sexual crimes were entitled,
under the Criminal Code, to lawyers to advise them of their legal
rights and help them pursue cases against the alleged assailants.
However, a large majority of victims declined to press charges or chose
to forgo trial, in part to avoid unwanted publicity in a small, tightly
knit society. Some local human rights monitors also attributed
underreporting to the fact that convictions traditionally yield light
sentences: The maximum penalty for rape is 16 years' imprisonment, but
the actual sentences imposed typically are much closer to the minimum
sentence of 1 year.
Prostitution is not illegal, but it is illegal to engage in
prostitution as a main source of income. It is also illegal to act as
an intermediary in the sale or procurement of sex. There were reports
that some foreign women were trafficked to work as striptease dancers
(see Section 6.f.).
The rate of participation by women in the labor market was high at
over 80 percent. In part this reflected the country's comprehensive
system of subsidized day care, which made work outside the home more
affordable and convenient for parents. The law requires that preference
be given to hiring and promoting women in areas where they are
underrepresented, as long as they are equal in all other respects to
male job seekers. Despite laws that require equal pay for equal work, a
pay gap existed between men and women. According to one of the largest
labor unions, women on average earned 16 percent less than men in 2001.
A 12 percent difference in pay may be attributable to the fact that men
work on average 4.2 hours more a week than women.
Fathers had the same right as mothers to paid leave upon the birth
of a child. Under the law, which is expected to be fully implemented in
2003, both mothers and fathers would be allowed to take 3 months of
paid leave (at 80 percent of the normal salary), with an additional 3
months that can be taken by either parent or shared between them.
Previously a mother was given 6 months of paid maternity leave and the
father just 2 weeks. The new leave requirements apply equally to the
public and private sectors.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded a system of public education and
health care. School attendance was compulsory through the age of 15 and
free through public university level. Approximately 85 percent of
students continued to upper secondary education, which was financed
completely by the Government. The Government provided free prenatal and
infant medical care, as well as heavily subsidized childcare. The
Children's Ombudsman, appointed by the Prime Minister but independent
from the Government, fulfilled its mandate to protect children's
rights, interests, and welfare by, among other things, exerting
influence on legislation, government decisions, and public attitudes.
When investigating complaints, the Ombudsman had access to all of the
country's public and private institutions and associations that house
children or otherwise care for them. However, the Ombudsman's
conclusions were not legally binding on parties to disputes.
The Government-funded Agency for Child Protection coordinated the
work of approximately 40 committees around the country that were
responsible for managing child protection issues (for example, adoption
and foster care) in their local areas. In June, Law number 80/2002
article 7 went into effect, raising the minimum size of child
protection areas from 200 to 1,500 inhabitants. The change was made to
address concerns about conflicts of interest and improper influence.
The law also took away the committees' power to terminate parental
rights and provided that longer-term care decisions must be adjudicated
in court. The Agency also operated eight treatment centers and a
diagnostic facility for abused and troubled minors.
There was no societal pattern of abuse directed against children.
In an effort to improve the rate of prosecution of child sexual abuse
and lessen the trauma to the child, the Government established the
Children's Assessment Center (Barnahus). The center, which handled 100
to 125 cases annually, was intended to create a safe and secure
environment where child victims feel more comfortable talking about
what happened to them. The center brought together police, prosecutors,
judges, doctors, and officials from child protection services. Under a
2000 Supreme Court ruling, a district court judge could hold an
investigatory interview in the courthouse rather than at the center.
Human rights observers criticized this ruling as a step backward in the
protection of children's rights.
Human rights observers also criticized the establishment of a
national health database that included children. Medical records of
children under the age of 18 automatically were entered into the
database unless their legal guardians requested otherwise. On reaching
the age of 18, a person could elect to discontinue their inclusion in
the database, but information already stored could not be withdrawn
(see Section 1.f.).
Persons with Disabilities.--There was no reported discrimination
against persons with disabilities in employment, education, or the
provision of other state services. The law provides that such persons
have the right to all common national and municipal services and
provides that they be given assistance to make it possible for them to
live and work normally in society. The law also provides that persons
with disabilities receive preference for a government job when they are
qualified equally, or more qualified, than regular applicants.
Building regulations require that public accommodations and
government buildings, including elevators, be accessible to persons in
wheelchairs. The regulations also specify that one percent of parking
spaces (a minimum of one space) be reserved for persons with
disabilities. The regulations also specify that, to the extent
possible, the sidewalk outside the main entrance of such a building be
heated so that it remains clear of ice and snow. Violations of these
regulations are punishable by a fine or a jail sentence of up to 2
years; however, the main association for persons with disabilities has
complained that enforcement is lax and that penalties rarely are
assessed for noncompliance.
In 2000 the Supreme Court ruled that the reduction of social
security payments to persons with disabilities based on the income of
their spouses violated constitutional protections regarding equality
and support for persons with disabilities. In response, Parliament in
2001 increased the minimum payment to persons with disabilities who
have able-bodied spouses, but continued to subject benefits to a
modified means test. The Association of Disabled Persons protested that
the legislation did not comply with the Supreme Court ruling and
challenged the law in court. The case was on appeal at year's end.
While significant progress has been made in addressing the concerns
and needs of persons with physical disabilities, some mental health
advocates criticized the Government for not devoting sufficient
attention and resources to the care of persons with mental
disabilities.
National/Racial/Ethnic Minorities.--There is no law that prohibits
organizations that promote and incite racial discrimination. The Prime
Minister and others expressed concern that the rapidly increasing
number of foreigners entering the country to meet labor shortages could
lead to future problems, especially in the event of an economic
downturn. According to the National Statistical Office, at the end of
2001, 9,850 foreigners were living in the country, approximately 3
percent of the population. Many temporary workers come from Central and
Eastern Europe and the former Soviet Union, and the Directorate of
Immigration expected most to seek to remain permanently rather than
return to their countries of origin. The term nyb#ar--newcomer--has
taken on a negative connotation according to human rights observers and
is increasingly applied to immigrants of color. Asian women in public
at night reportedly were taunted on the assumption that they were
prostitutes, and minority children were teased for allegedly having
been purchased on the Internet. In September a Gallup Poll revealed
that only 27 percent of citizens aged 45 to 54 had positive feelings
toward foreigners; however, nearly half the 16- to 24-year-olds had
positive feelings.
The City of Reykjavik, together with three other municipalities and
the Icelandic Red Cross, operated an Intercultural Center that helps
foreigners adjust to living in the country. The center offered free
translation, education, research, and advice services. The Ministry of
Social Affairs operated a Multicultural Center in Isafjordur that
facilitated the interaction of citizens with foreign nationals and
provided support services for foreign nationals in rural
municipalities.
Human rights observers continued to express concern about a tiny
ultranationalist organization, Iceland for Icelanders, which was
founded in 1997 with the goal of limiting the further settlement of
foreigners in the country to persons of European origin. In 2001 the
Supreme Court fined the deputy leader of the organization for making
disparaging remarks about foreigners in a newspaper interview.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right of workers to establish unions, draw up their own constitutions
and rules, choose their own leaders and policies, and publicize their
views, and workers exercised these rights. Labor unions were
independent of the Government and political parties. Approximately 85
percent of all eligible workers belonged to unions.
Labor courts effectively adjudicated disputes over contracts and
over the rights provided by the law, which prohibits antiunion
discrimination. By law employers found guilty of antiunion
discrimination are required to reinstate workers fired for union
activities; however, in practice the charges often were difficult to
prove.
Unions were permitted to affiliate internationally, and they took
active part in Nordic, European, and other international trade union
bodies.
b. The Right to Organize and Bargain Collectively.--Union
membership is not impeded by law or practice. Employers were required
to withhold union dues (one percent of gross pay) from the pay of all
employees, whether or not they were union members, to help support
disability, strike and pension funds and other benefits to which all
workers are entitled.
Trade unions and management organizations periodically negotiate
collective bargaining agreements that set specific terms for workers'
pay, hours, and other conditions. Collective bargaining agreements were
negotiated in 2000, and most are scheduled to expire in 2003 and 2004.
The Government played a minor role in the bargaining process, providing
mediation assistance in a few cases (through the State Mediator's
Office).
The Icelandic Federation of Labor (IFL) lost two lawsuits in 2001
in which it charged that Parliament's intervention in the fish industry
strike violated the seamen's constitutional rights to associate freely
and to bargain collectively (see Section 6.a.). In December 2001, the
IFL made the same complaints to the International Labor Organization
(ILO). The Government answered ILO questions in August, and the case
remained open at the end of the year.
With the exception of limited categories of workers in the public
sector whose services are essential to public health or safety, unions
have the right to strike. There were no strikes during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred. Work permit practices left newly arrived
foreign workers vulnerable to abuse by employers (see Section 6.e.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children younger than
age 16 in factories, on ships, or in other places that are hazardous or
require hard labor; this prohibition is observed in practice. Children
14 or 15 years old may be employed part time or during school vacations
in light, nonhazardous work. Their work hours must not exceed the
ordinary work hours of adults in the same occupation. The Occupational
Safety and Health Administration enforced child labor regulations
effectively.
e. Acceptable Conditions of Work.--No minimum wage is mandated by
law, but the minimum wages negotiated in various collective bargaining
agreements applied automatically to all employees in those occupations,
whether they were union members or not. Labor contracts provided a
decent standard of living for a worker and family.
The standard legal workweek was 40 hours, which included nearly 3
hours of paid breaks a week. Work exceeding 8 hours in a workday must
be compensated as overtime. Workers were entitled to 11 hours of rest
within each 24-hour period and to a day off every week. Under defined
special circumstances, the 11-hour rest period could be reduced to 8
hours, but workers would then have to be compensated with 1.5 hours of
rest for every hour received less than 11 hours. The day off could be
postponed by 1 week, in which case the worker had a right to 2
additional hours off the following week.
Health and safety standards were set by Parliament and administered
and enforced by the Ministry of Social Affairs through its Occupational
Safety and Health Administration, which could close down workplaces
until safety and health standards were met. Workers had a collective,
not an individual, right to refuse to work in a place that did not meet
occupational safety and health criteria. Firing workers who report
unsafe or unhealthy conditions was illegal.
The Government's practice of issuing work permits for newly arrived
foreign workers or refugees to the employer rather than to the employee
made workers vulnerable to abuse by the employer in some instances (see
Section 5).
f. Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, although a number of legal provisions may be
used to prosecute such cases. There were reports that women were
trafficked to and within the country.
Article 206 of the Constitution specifies imprisonment for a
conviction of facilitating a minor's entry or departure from the
country if the purpose was commercial sex or if the victim was unaware
of the genuine purpose, as through fraud. Criminal procedures also
provide that victims may testify at government expense against
traffickers. However, no person has ever been arrested or charged with
trafficking in persons.
The 1984 Extradition Law provides that a person may be extradited
as long as the offense involved would be punishable by more than 1
year's imprisonment. Article 206 of the general penal code provides for
a sentence of up to 4 years imprisonment for an offense tantamount to
trafficking in persons; therefore the law would allow the extradition
of persons who were charged with trafficking in other countries.
Evidence of trafficking has been reported by police, NGOs,
researchers and foreign diplomats, mainly in connection with foreign
women who entered the country to work in striptease clubs. There was an
assumption that some women travelling to Iceland to work in the
country's striptease clubs were victims of trafficking. Hungary, the
Czech Republic, Slovakia, Estonia, Latvia and the former Soviet Union
were the main countries of origin for these dancers, but there were no
statistics on the number or origin of women actually trafficked. While
most attention has been focused on the country as a possible
destination point for trafficked women, there have been some cases
during the year that indicated that the country was also being used as
a transit point for the movement of trafficked women between Europe and
North America. There were no reliable estimates on how many women this
may have involved.
Parliament in 2000 closed a loophole that allowed striptease
dancers to enter the country as artists and perform without a work
permit for up to 4 weeks. Subsequently, in order to work as a
striptease dancer, any foreigner from outside the European Economic
Area (EEA) was required first to obtain a work permit, which was
typically valid for 3 months. Due to the action of government
authorities in denying work and residence permits, the influx of
nightclub dancers from outside the EEA slowed considerably in the
second half of 2001. During the year the number of foreign dancers
plummeted following a ban by Reykjavik authorities on private dances
that served as a front for prostitution. At the end of the year, club
owners were contesting the ban in the courts.
There were two cases since 2001 of foreign striptease dancers
complaining to police that a club owner had pressured them into
prostitution. The police investigation, which involved a total of six
women from Estonia and Denmark, concluded without any charges being
brought against the club owner. Foreign embassies reported that they
had helped to repatriate women who realized upon arrival that they had
been deceived concerning the work that they were expected to perform.
Many employers required their dancers to live in small, crowded group
houses provided by the clubs. Some clubs allegedly restricted their
dancers' movement, enforced a curfew, and kept dancers under constant
surveillance, confiscating their passports and airline tickets and
warning them not to fraternize with persons outside work. The club
owners reportedly limited the dancers' stay in the country to minimize
the number of contacts that the women could make, moving them quickly
to the next country and job.
Victims of trafficking could seek help at the women's shelter,
counseling center, and hospital, all of which were government funded.
There were no domestic NGOs dedicated solely to assisting victims of
trafficking, nor was there an established government assistance
program. Some NGOs provided government-supported counseling and shelter
to women and children who were victims of violence or sexual abuse. The
Icelandic Human Rights Center, which is also government funded,
assisted with trafficking cases and made referrals (see Section 5).
There were no ongoing information, public awareness, or other
antitrafficking programs during the year.
__________
IRELAND
Ireland is a parliamentary democracy with a long tradition of
orderly transfer of power. The Government consists of an executive
branch headed by a prime minister, a legislative branch with a
bicameral parliament, and a directly elected president. The judiciary
is independent.
The national police (Garda Siochana) were under effective civilian
control and had primary responsibility for internal security. Since the
police were primarily an unarmed force, the army, which was under the
effective civilian control of the Minister for Defense, acted in their
support when necessary. The country's principal internal security
concern since September 2001 has been the prevention of terrorist
activity by international terrorists; however, the Government continued
to monitor closely indigenous paramilitary groups active in the
Republic and Northern Ireland. While most paramilitary groups, on both
sides of the border, have declared permanent cease-fires pursuant to
the 1998 Good Friday Peace Agreement, several groups remained active.
Members of the police used excessive force during a May Day
demonstration.
The country had an open, market-based economy that was highly
dependent on international trade. Its population was 3.92 million.
Assistance received from the European Union (EU) over the past two
decades has helped the country to address socio-economic imbalances and
infrastructure deficiencies. Although the country's economic
performance in the past decade has been strong, unemployment during the
year rose to 4.5 percent. However, per capita gross national product
also increased by approximately 15 percent to $29,425.
The Government generally respected the human rights of its
citizens; although there were some problems, the law and judiciary
provided effective means of dealing with individual instances of abuse.
There were problems in prison sanitation and health care; however,
recent renovations and new building projects significantly lessened
prison overcrowding. The use of special arrest and detention authority
and the use of non-jury courts in specific circumstances continued.
Films, books, and periodicals were subject to occasional censorship;
however, only videos actually were censored. Abuse and mistreatment of
women and children were problems. Asylum seekers and Travellers (a
nomadic community) faced some discrimination, and there were incidents
of violence against racial minorities and immigrants. Ireland was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life by the
Government or its agents.
In January the Special Criminal Court in Dublin convicted Irish
citizen Colm Murphy and sentenced him to 14 years for conspiracy in the
1998 bombing in Omagh, Northern Ireland. Murphy was the first person to
be convicted in connection with the worst terrorist attack on the
island in 30 years.
The Commission for the Location of Victims' Remains--established to
locate the remains of persons abducted by the Provisional Irish
Republican Army (IRA) in the 1970's--remained suspended during the year
pending receipt of new information from the IRA.
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 government officials employed them. Unlike in previous
years, there were no confirmed instances of police abuse of detainees
and prisoners.
The Government recorded the questioning of suspects in Garda
stations, a practice designed to deter abuse or mistreatment. The Garda
Complaints Board recorded 1,281 complaints (ranging from rudeness to
physical abuse by police officers) in 2001.
There were incidents of societal violence against racial minorities
and immigrants (see Section 5). The Garda Racial and Intercultural
Office developed an electronic recording mechanism to track racially
motivated incidents, but statistics generated were not available at
year's end.
Prison conditions generally met international standards. Recent
renovations and new building projects significantly improved physical
infrastructure and reduced overcrowding; however, some prisons still
lack in-cell sanitation facilities such as toilets and running water.
Prisons also lacked sufficient health care facilities and services. The
country had a low incarceration rate (80 inmates per 100,000
population), and the prison regime was generally liberal. Male
prisoners were held separately from female prisoners, juveniles were
held separately from adults, and pretrial detainees were held
separately from convicted prisoners.
Prisoners with complaints of mistreatment by prison officials or
negligence of health and safety due to prison conditions had access to
mechanisms for redress; however, the Justice Department indicated that
there were no allegations of mistreatment of prisoners by the Prison
Service during the year, and there were no outstanding claims from
previous years.
The authorities continued to arrest and incarcerate at Portlaoise
Prison persons involved in paramilitary activity. Conditions for these
inmates were generally the same as those for the general prison
population.
The Government permitted prison visits by domestic and
international human rights observers in most cases; however,
appointments were necessary to tour facilities. In December the Prison
Service refused prison access to an NGO planning to conduct a study on
racism; the Prison Service made the decision on the grounds that it had
funded a similar study that was already underway. The Council of
Europe's Committee for the Prevention of Torture (CPT) visited prisons
during the year to assess the Government's response to their 1998
recommendations for improving conditions; its report was not available
at year's end. Diplomatic observers who visited the Central Mental
Hospital in Dundrum, the country's only prison for inmates with mental
disabilities, which was condemned by the CPT in 1999, reported that
little progress had been made to improve deplorable conditions.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
stipulates that no person shall be deprived of personal liberty without
due process under the law; however, the use of special arrest and
detention authority continued. A detainee has the right to petition the
High Court, which is required to order the detainee's release unless it
can be shown that the person is being detained in accordance with the
law. The Criminal Justice Act provides for an initial period of
detention of 6 hours, with an extension of another 6 hours pursuant to
the direction of a police officer of the rank of superintendent or
above in cases where there are grounds for believing that such
detention is necessary for the proper investigation of an offense. A
continuation of detention for 8 hours overnight is possible, to allow a
detainee to sleep.
The Offenses Against the State Act allows police to arrest and
detain for questioning anyone suspected of committing a ``scheduled
offense''--crimes involving firearms, explosives, or membership in an
unlawful organization. Although the stated purpose of the act is to
``prevent actions and conduct calculated to undermine public order and
the authority of the State,'' it is not restricted to subversive
offenses. As a result, the police have broad arrest and detention
powers in any case involving firearms. In cases covered by this act,
the initial period of detention without charge is 24 hours at the
direction of a police superintendent; detention may be extended another
24 hours by a judge. However, under the terms of the Decommissioning
Law, the authorities may not institute proceedings against individuals
for any offense committed in the course of decommissioning illegally
held arms in accordance with an approved arms decommissioning scheme.
Detainees and prisoners are allowed unrestricted access to attorneys.
If the detainee does not have an attorney, the court will appoint one;
if the detainee cannot afford an attorney, the Government will provide
one through the Free Legal Aid program.
The law allows a court to refuse bail to a person charged with a
serious offense where it is considered reasonably necessary to prevent
the commission of another serious offense. A schedule of serious
offenses is defined by law; the offense must be one that carries a
penalty of 5 years' imprisonment or more.
The Offenses Against the State Act also provides for the indefinite
detention, or internment, without trial of any person who is engaged in
activities that are ``prejudicial to the preservation of public peace
and order or to the security of the State''; however, this power has
not been invoked since the late 1950's. The act allows police to detain
suspects in certain crimes, usually those involving serious offenses
with firearms or explosives, for 48 hours. A 24-hour extension is
possible if approved by a judge. The act also curtails the right of
silence. Under the amendment, if the accused was informed of the
consequences of remaining silent to questions regarding his
whereabouts, associations, or actions, then the accused person's
silence may be used as corroborative evidence of guilt. The accused
person's failure to respond to accusations of membership in an illegal
organization also may be used as corroborative evidence of guilt.
However, the accused may not be convicted based solely on a refusal to
speak.
Membership in or leadership of an illegal organization as defined
by the Offenses Against the State Act carries a possible life sentence.
The word of a police superintendent can be used as corroborative
evidence of membership. Collecting information to aid in the commission
of a serious offense carries a penalty of up to 10 years' imprisonment,
a fine, or both. Withholding information that could prevent a
``serious'' offense or that could aid in the apprehension or conviction
of a perpetrator also is illegal, with a penalty of up to 5 years'
imprisonment, a fine, or both.
The Criminal Justice (Drug Trafficking) Act permits detention
without charge for up to 7 days in cases involving drug trafficking;
however, to hold a suspected drug trafficker for more than 48 hours the
police must seek a judge's approval.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system consists of a district court with 23 districts,
a circuit court with 8 circuits, the High Court, the Court of Criminal
Appeal, and the Supreme Court. The President appoints judges
recommended by the Judicial Appointment Board, who choose from a list
presented by the Government.
The Director of Public Prosecutions, an independent government
official, prosecutes criminal cases. Jury trials usually are used in
criminal cases, and the accused may choose an attorney. For indigent
defendants, the State assumes the cost of providing counsel under the
criminal legal aid scheme.
The Constitution explicitly allows ``special courts'' to be created
when ``ordinary courts are inadequate to secure the effective
administration of justice and the preservation of public peace and
order.'' In 1972 the Government created a non-jury ``Special Criminal
Court'' (SCC) to try ``scheduled offenses.'' Largely a reaction to
paramilitary violence related to the troubles in Northern Ireland, the
use of the SCC was justified as necessary to address the problem of
jury intimidation in cases involving defendants with suspected
paramilitary links. In 2001 the SCC indicted 29 persons and held 18
trials; 22 individuals were convicted on guilty pleas and 7 persons
were convicted on not guilty pleas.
In addition to scheduled offenses, the Director of Public
Prosecutions can have any nonscheduled offense tried by the SCC by
certifying that the ordinary courts are inadequate to secure the
effective administration of justice and the preservation of public
peace. In lieu of a jury, the SCC always sits as a three-judge panel,
and its verdicts are by majority vote. Rules of evidence are generally
the same as in regular courts; however, the sworn statement of a police
chief superintendent identifying the accused as a member of an illegal
organization is accepted as prima facie evidence. Sessions of the SCC
generally are public, but judges may exclude certain persons other than
journalists. Appeals of SCC decisions are allowed in certain
circumstances. The Government continued to review the ongoing need for
the SCC.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution and the law prohibit such actions,
and the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of speech; however, freedom of the press is subject to the
constitutional qualification that it not ``undermine public order or
morality or the authority of the state.'' The Constitution prohibits
the publication or utterance of ``blasphemous, seditious, or indecent
matter.''
There were eight independent national newspapers and many local
newspapers; two independent current affairs magazines were published,
along with hundreds of special interest magazines.
Broadcasting remained mostly state controlled, but private sector
broadcasting continued to grow. There were 49 independent radio
stations and an independent television station. Expanded access to
cable and satellite television lessened considerably the relative
influence of state-controlled broadcasting. The Broadcasting Complaints
Commission oversees standards and investigates complaints about
programming. The Broadcasting Act empowers the Government to prohibit
the state-owned radio and television network from broadcasting any
matter that is ``likely to promote or incite to crime or which would
tend to undermine the authority of the State.'' The Act was not
employed during the year.
The Office of the Film Censor must classify films and videos before
they can be shown or sold, and distributors pay fees to finance the
censor's office. Under the Censorship of Films Act, the censor has the
authority to cut or ban any film that is ``indecent, obscene, or
blasphemous,'' or which tends to ``inculcate principles contrary to
public morality or subversive of public morality.'' During the year, no
theatrical films were banned, but 16 videos were banned--primarily
because of their pornographic or violent content--compared with 26 in
2001. Decisions of the censor can be appealed to a nine-member appeal
board within 3 months, but neither the censor nor the appeal board is
required to hear arguments or evidence in public or to state the
reasons for its decisions.
Books and periodicals also were subject to censorship; however, as
in previous years, no books or periodicals were censored. The
Censorship of Publications Act calls for a five-member board to examine
publications referred to it by the customs service or the general
public. It also may examine books (but not periodicals) on its own
initiative. The board may prohibit the sale of any publication that it
judges to be indecent or obscene or that advocates the procurement of
abortion or miscarriage.
While the press operated freely, some observers believed that the
Defamation Act (which puts the onus on newspapers and periodicals
accused of libel to prove that defamatory words are true) and the
Official Secrets Act (which gives the State wide scope to prosecute
unauthorized disclosures of sensitive government information) may
result in some self-censorship.
Internet access was available and unrestricted. An Internet
Advisory Board supervised self-regulation by Internet service providers
and operated a hot line for complaints about any Irish-hosted child
pornography sites the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides citizens with the right to ``assemble peaceably and without
arms''; however, it also allows the State to ``prevent or control
meetings'' that are calculated to breach the peace or to be a danger or
nuisance to the general public. It is unlawful to hold any public
meeting on behalf of, or in support of, an illegal organization;
however, the Government allowed meetings and assemblies by some groups
that are associated with illegal terrorist organizations.
Police conduct during demonstrations generally was restrained;
however, seven gardai accused of using their batons excessively during
a May Day demonstration in Dublin faced charges of assault; at year's
end, the seven gardai were awaiting trial and were confined to indoor
duties pending the outcome of the proceedings. An additional seven or
eight police officers who used their batons excessively on the
demonstrators were not identified.
The Constitution provides citizens with the right to form
associations and unions; however, the law mandates the prosecution and
incarceration of persons for mere membership in a terrorist
organization. Nevertheless the Government permitted some groups
associated with illegal terrorist organizations to meet.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The Constitution prohibits promotion of one religion over
another and discrimination on the grounds of religion or belief, and
the Government did not restrict the teaching or practice of any faith.
While approximately 92 percent of the population is Roman Catholic,
the Church is not officially established. However, adherence to Roman
Catholicism may be politically advantageous because of the country's
history and tradition as a predominantly Catholic country and society.
A majority of officeholders from the major political parties (Fianna
Fail and Fine Gael) were practicing Catholics.
The Government does not require but does permit religious
instruction in public schools. Most primary and secondary schools are
denominational--the majority Catholic--and the Catholic Church
partially controls their boards of management. The Government provides
equal funding to the schools of different religious denominations.
Although religious instruction is an integral part of the curriculum,
parents may exempt their children from such instruction.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The Government grants refugee and asylum status in accordance with
the 1951 U.N. Convention Relating to the Status of Refugees and its
1967 Protocol. The Government developed specific administrative
procedures for the implementation of the convention in consultation
with the U.N. High Commissioner for Refugees (UNHCR), and pursuant to a
Supreme Court ruling, these procedures are binding on the Department of
Justice, Equality, and Law Reform. The 1996 Refugee Act provides for
asylum procedures that are in accordance with EU guidelines and also
makes provision for invited refugees under UNHCR programs. The
Government cooperated with the office of the UNHCR and other
humanitarian organizations in assisting refugees.
A large number of asylum seekers continued to strain the
Government's processing system and challenge societal acceptance (see
Section 5). A record number of 11,530 asylum seekers entered the
country, compared with 10,325 in 2001. The Government reduced
processing time for new asylum applications from over 1 year to
approximately 4 months: At year's end, 4,900 applications awaited
processing, compared with 8,483 at the end of 2001. The Government
granted first asylum to 893 persons, compared with 458 in 2001; in the
same period, 1,097 persons were granted asylum on appeal, compared with
479 in 2001.
The Garda National Immigration Bureau (GNIB) monitored nonnationals
who were the subject of deportation orders. The GNIB coordinated
activities that led to deportation, including ``Operation Hyphen''--a
July raid on illegal immigrants that resulted in the arrest of 140
persons, 16 of whom were former asylum seekers awaiting deportation
(the remainder had entered or were in the country legally). The GNIB
also oversaw operational strategies and resources at ports of entry,
coordinated efforts to combat trafficking in illegal immigrants,
strengthened international liaison on immigration issues, administered
the non-national registration service, and generally enforced
immigration law.
The law forbids, and there were no reports of, the forced return of
persons to a country where they fear 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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage for citizens over the age of 18. The Parliament is
bicameral; members of the Dail (House of Representatives)--the chamber
that carries out the main legislative functions--are elected popularly,
while most members of the Seanad (Senate) are elected by vocational and
university groups, with the others appointed by the Prime Minister.
Several political parties have seats in both bodies. The President is
elected popularly for a 7-year term and is limited to 2 terms. An
appointed Council of State advises the President. Parliamentary
elections were held on May 17, and Presidential elections were held in
October 1997.
The President was a woman, and 22 of the 166 deputies in the Dail
and 9 of the 60 senators were female. Two of the 15 government
ministers were female, as were 2 of the 17 junior ministers. Three
women sat on the 26-member High Court, and 2 of the 8 Supreme Court
judges were female.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
A government ombudsman investigated complaints by those who
believed that they had been unfairly treated by the Government or by
local authorities.
The Human Rights Commission, established by the Government in 2000
as stipulated in the Good Friday Agreement, began functioning at year's
end. The Commission was responsible for providing information and
promoting awareness of human rights, commenting on human rights draft
legislation referred to it by the Parliament, making recommendations to
the Government on the adequacy and effectiveness of laws and practices,
and initiating court proceedings or providing assistance to individuals
doing so. The Good Friday Agreement also mandates equivalency with
regard to protection of human rights in Northern Ireland and the
Republic of Ireland.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Employment Equality Act outlaws discrimination in relation to
employment on the basis of nine distinct discriminatory grounds:
Gender, marital status, family status, sexual orientation, age,
disability, race, and membership in the Traveller community. The 2000
Equal Status Act outlaws discrimination in the provision of goods,
facilities, and services on these grounds.
Women.--Domestic violence and emotional abuse were common problems,
although there were modest improvements. The Garda recorded 9,983
incidents of domestic violence in 2001, a decrease of 18 percent from
2000. The National Steering Committee on Violence Against Women (a
multiagency government body) continued its public outreach campaign to
combat violence against women, which it described as a ``hidden'' and
``severely under reported'' problem. Since the campaign began in 1999,
there have been increases in the number of counseling calls to the
country's 18 rape crisis centers, in the number of rapes reported, and
in public awareness about the extent of the problem. In addition to the
18 rape crisis centers, there were 15 women's shelters and 13 women's
centers throughout the country, funded in part by the Government.
In 2001 the Dublin Rape Crisis Center reported receiving 9,982
counseling calls in all categories (child sexual abuse, adult rape,
adult sexual assault, sexual harassment), which was a significant
increase over the previous year. The center estimated in 2001 that 167
rape victims reported the crime to police. Recent victims and victims
raped by a stranger were more likely to report the rape to police. In
2001 17 rape cases were tried, resulting in 15 convictions.
The law criminalizes rape within marriage, and the Civil Legal Aid
Act provides for free legal advice to victims in cases of serious
sexual assault. In rape cases, the State brings the case against the
accused, with the complainant (victim) acting as a witness. The 2000
Sex Offenders Bill provides that ``separate legal representation will
be provided to complainants in rape and other serious sexual assault
cases where application is made to adduce evidence or to cross-examine
the complainant about his or her past sexual experience.''
The law prohibits discrimination against women in the workplace;
however, inequalities persisted regarding pay and promotions in both
the public and the private sectors. Women held 46 percent of public
sector jobs but were underrepresented in senior management positions. A
1999 government report found that at least 50 percent of state-
sponsored bodies have no guidelines for dealing with sexual harassment
and no policy on equal opportunity. The law provides for protection and
redress against discrimination based on gender and marital status, and
the Equality Authority monitored the implementation of the law. In 2001
the earnings of women averaged 85 percent of those of men.
Women's participation in the workforce was hampered by the lack of
adequate childcare facilities. To encourage the participation of
parents, both men and women, in the workforce, the Government included
in its 2000-2006 national development plan an equal opportunities
childcare program, which allocated approximately $275 million (317
million Euros) to improve childcare availability and quality.
The Maternity Protection Act provides a woman with 14 weeks of paid
maternity leave and the right to return to her job. The Parental Leave
Act allows a child's mother and father each to take 14 weeks of unpaid
leave to care for a child under the age of 5. Although each parent has
a separate entitlement to parental leave, the leave is not
transferable, i.e., the mother cannot take the father's leave or vice
versa. Parental leave does not affect a mother's right to maternity
leave.
Children.--The Government was committed strongly to children's
rights and welfare; it amply funded systems of public education and
health care. Under the Child Care Act, education is free and compulsory
for children from 6 to 15 years of age. Almost all children attended
school. The Minister of State (junior minister) for Health has special
responsibility for children's policy, including monitoring the
implementation of the Child Care Act by the eight regional health
boards. The Status of Children Act provides for equal rights for
children in all legal proceedings.
The sexual abuse of children was a problem and continued to receive
significant media attention. During the year, past sexual abuse by
Catholic priests came under intense media and public scrutiny.
Following an October national television program that exposed numerous
cases of child sexual abuse by priests and possible cover-ups by Church
authorities, the Government announced plans to establish a commission
to investigate these charges. The Dublin Rape Crisis Center reported
that 44 percent of calls to its crisis line involved child sexual
abuse. The Child Care Act places a statutory duty on government health
boards to identify and help children who are not receiving adequate
care, and it gives the police increased powers to remove children from
the family when there is an immediate and serious risk to their health
or welfare. The Child Trafficking and Pornography Act aims to protect
children from sexual exploitation, including any exchange of
information on the Internet that implies a child is available for sex.
Persons with Disabilities.--The Government Commission on the Status
of People with Disabilities estimated that approximately 10 percent of
the population have a disability. It is unlawful to discriminate
against anyone on the basis of disability in relation to employment.
Nongovernmental organizations (NGOs) claimed that there is societal
discrimination against persons with disabilities.
As a result of public dissatisfaction with provisions of the
proposed 2001 Disability Act and The Education Disability Bill the
Government withdrew the proposals that were intended to build on
existing legislation.
The 1991 Building Regulations Act established minimum criteria to
ensure access for persons with disabilities to all public and private
buildings constructed or significantly altered after 1992; however,
enforcement was uneven.
A National Disability Authority has responsibility for setting
disability standards, monitoring the implementation of these standards,
and researching and formulating disability policy. The authority's
strategic plan for 2000-03 has three priorities: The development of
policies to promote the equal status of persons with disabilities,
influencing societal attitudes, and ensuring services for persons with
disabilities.
National/Racial/Ethnic Minorities.--Approximately 25,000 nomadic
persons regard themselves as a distinct ethnic group called
``Travellers,'' roughly comparable to the Roma of continental Europe.
The Traveller community has its own history, culture, and language.
Travellers faced societal discrimination and regularly were denied
access to premises, goods, facilities, and services; many restaurants
and pubs, for example, will not serve them. Anti-trespassing
legislation enacted this year led to evictions of Travellers from
public and private property. Despite national school rules that provide
that no child may be refused admission on account of social position,
Travellers frequently experienced difficulties enrolling their children
in school, and the students at times were segregated into all-Traveller
classes. Of the estimated 5,000 Traveller families, approximately 1,200
lived on roadsides or on temporary sites without toilets, electricity,
or washing facilities. Many Travellers were dependent on social welfare
for survival and were unable to participate in the mainstream economy
because of discrimination and a lack of education.
The Employment Equality Act outlaws job discrimination against
Travellers. As recommended by a 1995 task force report, a monitoring
committee oversaw reforms to address problems encountered by
Travellers.
The Housing (Traveller Accommodation) Act requires local elected
officials to draw up and implement Traveller accommodation plans on a
5-year basis and requires Traveller input in the process. In 2001 the
monitoring committee issued a report with 85 recommendations, including
providing 2,200 housing units to Traveller families this year. At
year's end, 129 units had been allocated. The report acknowledged that
tracking the progress of improvements in the Traveller community was
difficult because of a lack of data on Travellers' use of education and
health services. To develop better relations between Travellers and the
settled community, the Government agreed to provide a Traveller
Mediation Service and $1 million (1.14 million Euros) over a 3-year
period for awareness programs.
Societal discrimination and racial violence accompanied the growing
influx of foreign workers. These developments sparked public debate
over the openness of society to immigrants and how to address outbreaks
of xenophobic incidents of violence. In 2001 an Amnesty International
survey found that 78 percent of respondents reported having experienced
racism. Racially motivated incidents involved physical violence,
intimidation, and verbal slurs, and the majority of incidents of racist
violence took place in public places. In January a group of youths
taunted and with an iron bar beat a 29-year-old Chinese student who was
walking home from a party in north Dublin with two other Chinese
nationals. The student later died in the hospital--the country's first
confirmed racially motivated fatality. One of the six juvenile
perpetrators was charged with manslaughter, and the other five were
charged with violent disorder; the cases remained pending at year's
end.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to join--or refrain from joining--a union, and workers exercised
this right in practice.
Approximately 50 percent of workers in the private and public
sectors were union members. Police and military personnel may form
associations, but technically not unions, to represent themselves in
matters of pay, working conditions, and general welfare. The Irish
Congress of Trade Unions (ICTU) represented 58 unions island-wide,
including 48 in the Republic of Ireland. The ICTU was independent of
the Government and political parties.
The Anti-Discrimination (Pay) Act and the Employment Equality Act
make the Equality Authority responsible for the investigation of
allegations of antiunion discrimination, which is prohibited under the
law. If the authority is unable to obtain resolution, the dispute goes
before the Labor Court, which consists of one representative each for
the employer and the union, plus an independent chairperson. The Unfair
Dismissals Act provides for various forms of relief in cases where
employers are found guilty of antiunion discrimination, including the
reinstatement of workers fired for union activities.
Unions may freely form or join federations or confederations and
affiliate with international bodies, and many did so.
b. The Right to Organize and Bargain Collectively.--Labor unions
have full freedom to organize and to engage in collective bargaining,
and unions exercised this right in practice. Most terms and conditions
of employment were determined through collective bargaining, in the
context of a national economic pact negotiated every 3 years by the
``social partners,'' i.e., unions, employers, farmers, and the
Government. The latest version of these agreements, the Partnership for
Prosperity and Fairness, was signed in 2000.
The Labor Relations Commission provides advice and conciliation
services in industrial disputes. The Commission may refer unresolved
disputes to the Labor Court, which may recommend terms of settlement
and may set up joint employer-union committees to regulate conditions
of employment and minimum wages in a specific trade or industry.
The law provides for the right to strike, and this right was
exercised in both the public and private sectors; however, police and
military personnel are prohibited from striking. A number of strikes
occurred during the year, notably in the manufacturing, transport,
storage and communication sectors, although the number of days lost to
industrial disputes fell sharply from last year--12,110 in the first 6
months of this year, compared with 110,133 in the same period in 2001.
All strikes concluded peacefully, with the unions involved achieving
some, if not all, of their goals. The 1990 Industrial Relations Act
prohibits retribution against strikers and union leaders; the
Government effectively enforced this provision through the Department
of Enterprise, Trade, and Employment.
The export processing zone at Shannon Airport operated under the
same labor laws as the rest of the country.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under the law, employers may not employ children under the
age of 16 in a regular, full-time job. Employers may hire 14- or 15-
year-olds for light work on school holidays, as part of an approved
work experience or educational program, or on a part-time basis during
the school year (for children over the age of 15 only). The law sets
rest intervals and maximum working hours, prohibits the employment of
18-year-olds for late night work, and requires employers to keep
specified records for workers who are under 18 years of age.
Enforcement was reportedly lax, but violations were rare.
e. Acceptable Conditions of Work.--During the year, a new national
minimum wage, $6.00 (6.35 Euros) per hour, went into effect. This wage
does not provide a decent standard of living for a worker and family;
however, low-income families are entitled to benefits such as
subsidized housing and children's allowances.
The standard workweek is 39 hours. Working hours in the industrial
sector are limited to 9 hours per day and 48 hours per week. Overtime
work is limited to 2 hours per day, 12 hours per week, and 240 hours
per year. The Department of Enterprise, Trade, and Employment is
responsible for enforcing the laws dealing with occupational safety,
which provide adequate and comprehensive coverage; no significant
complaints arose from either labor or management regarding enforcement
of these laws. Regulations provide workers with the right to remove
themselves from dangerous work situations that present a ``serious,
imminent and unavoidable risk'' without jeopardy to their continued
employment.
f. Trafficking in Persons.--The law prohibits trafficking in
persons, and there were no confirmed reports that persons were
trafficked to, from, or within the country; however, NGOs believed
there were cases of trafficking, although they had no concrete
evidence.
The Child Trafficking and Pornography Act criminalizes trafficking
in children for the purpose of sexual exploitation, with penalties of
up to life imprisonment. The Illegal Immigrants (Trafficking) Bill
criminalizes the activities of persons trafficking in illegal
immigrants and asylum seekers. There is no specific legislation
addressing trafficking in women for sexual criminal activities,
although laws prohibit the exploitation of prostitutes, and the
exploitation of prostitutes by means of coercion or fraud. Traffickers
who facilitate for gain the entry of illegal immigrants or asylum
seekers are liable for fines or imprisonment for terms ranging from 1
to 10 years.
The Ministries of Justice and Foreign Affairs and the GNIB were
involved in antitrafficking efforts, and there were links between
government officials, NGOs, and other elements of civil society on
trafficking issues. A coalition of NGOs that deal in part with
trafficking issues met periodically during the year.
__________
ITALY
Italy is a longstanding, multiparty parliamentary democracy.
Executive authority is vested in the Council of Ministers, headed by
the president of the Council (the Prime Minister). The Head of State
(President of the Republic) nominates the Prime Minister after
consulting with the leaders of all political forces in Parliament. In
May 2001, the Parliament was elected in elections that were considered
free and democratic. The Constitution provides for an independent
judiciary; however, long trial delays and the impact of organized crime
on the criminal justice system complicated the judicial process.
The armed forces are under the control of the Ministry of Defense.
The Ministry of Defense controls the Carabinieri, a military security
force; however, the Ministry of Interior assumes control of the
Carabinieri when they are called upon to assist police forces in
maintaining public order. Four separate police forces report to
different ministerial or local authorities. Under exceptional
circumstances, the Government may call on the army to provide security
in the form of police duty in certain local areas, thereby freeing the
Carabinieri and local police to focus on other duties. During the last
few years, the army intermittently has supported the police in Sicily
and in the province of Naples, where there are high levels of organized
crime. There were allegations that police committed human rights
abuses.
The country had an advanced, industrialized market economy, and the
standard of living was high for the country's population of
approximately 57.8 million. Small and midsize companies employed from
70 to 80 percent of the work force. Major products included machinery,
textiles, apparel, transportation equipment, and food and agricultural
products. The Government owns a substantial number of enterprises in
finance, communications, industry, transportation, and services, but
privatization continued to move forward at a measured pace.
The Government generally respected the human rights of its
citizens; although there were some problems, the law and judiciary
provide effective means of dealing with individual instances of abuse.
There were some reports of police abuse of detainees, and use of
excessive force against ethnic minorities. Accusations of police abuse
were investigated by the judiciary. Prisons were overcrowded. The pace
of justice was slow, and perpetrators of some serious crimes avoided
punishment due to trials that exceed the statute of limitations.
Lengthy pretrial detention was a serious problem. The Government has
taken steps to combat violence against women and child abuse; however,
they remained problems. Societal discrimination against women and
discrimination and sporadic violence against immigrants and other
foreigners continued to be problems. Child labor, mainly involving
immigrant children, continued in the underground economy, but
authorities investigated such reports actively. Trafficking in persons
into the country, particularly women and girls for prostitution, was a
problem, which the Government took steps to address. Italy was invited
by the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In December the investigating prosecutor recommended dismissing all
charges against a policeman who shot and killed a rioting demonstrator
during violent assaults by antiglobalization demonstrators during the
July 2001 G-8 summit in Genoa. The prosecutor judged the policeman to
have acted in self defense against ``imminent and real danger'' (see
Section 1.d.).
There were a number of deaths in prison (see Section 1.c.).
The Red Brigades, a domestic terrorist movement, was believed to be
responsible for the assassination of Marco Biagi in March outside his
home in Bologna. The same group claimed responsibility for the 1999
shooting death of Massimo D'Antona outside his home in Rome. Forensic
analysis indicated that the same weapon was used in both killings. Both
men were respected academics who were employed as senior advisers to
the Minister of Labor and had been associated with mainstream trade
union organizations. At their September sentencing for other crimes,
two Red Brigade members declared that Biagi's death had weakened the
Government.
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; however, there were
reports of incidents in which police abused detainees. According to
Amnesty International (AI), police occasionally used excessive force
against persons detained in connection with common criminal offenses or
in the course of identity checks. While this behavior affected both
citizens and foreigners, Africans and Roma were at particular risk (see
Section 5).
Judicial investigation of events at mass antiglobalization
demonstrations in Naples (March 2001) and Genoa (July 2001) supported
charges that some police used deliberate and excessive force on
detainees. Some of the worst abuse occurred in connection with a July
2001 police raid at the Diaz school, where the antiglobalization group
Genoa Social Forum had its headquarters. Of the approximately 100
detainees, approximately 60 sustained numerous and severe injuries,
with additional abuse inflicted as detainees were transported to
detention facilities. Although judicial investigators confirmed that
abuses occurred, identifying those responsible proved difficult--
something that AI stated created ``substantial impunity'' (see Section
1.d.).
Overcrowded and antiquated prisons continued to be a problem.
Fifty-six thousand detainees were incarcerated in a prison system
designed to hold 42,100. Older facilities tend to lack outdoor or
exercise space, compounding the difficulties of close quarters.
Approximately 55 percent of detainees were serving sentences; the other
45 percent consisted mainly of persons awaiting trial or the outcome of
an appeal. Thirty percent of inmates were foreigners; however, in some
prisons, foreigners outnumbered Italian citizens. In August prisoners
in nearly half the prisons staged a coordinated protest against
overcrowding and poor conditions and in favor of an amnesty. Nearly one
in three prisoners was jailed for a drug violation. Approximately 108
prisoners died while in jail during the year, the same number as in
2001; 52 committed suicide, a 25 percent reduction from the 68 suicides
in 2001. An additional 878 unsuccessful suicide attempts and
approximately 6,300 acts of self-mutilation also were reported.
Men were held separately from women, and juveniles were held
separately from adults; however, pretrial detainees were not held
separately from convicted prisoners.
The Government permitted visits by independent human rights
organizations, parliamentarians, and the media. Politicians from
opposition parties conducted a highly publicized September inspection
of prison conditions in connection with prisoner protests of
overcrowding. AI, the U.N. Human Rights Commission (UNHRC), the U.N.
Committee Against Torture, and the U.N. Special Rapporteur on Torture
regularly assessed the country's judicial and prison system. The
nongovernmental organization (NGO) Antigone, which is composed
primarily of lawyers, magistrates, and academics, promoted the rights
of detainees, worked closely with the European Commission for
Prevention of Torture, and monitored the prison system.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. However, judicial investigations of
violence at March and July 2001 antiglobalization protests suggested
that authorities did not always fully respect these rights. One officer
testified that a ranking police official ordered him to plant the two
Molotov cocktails reportedly found by police during their July 2001
raid on the Diaz school (headquarters of one of the principal groups
that organized the antiglobalization demonstrations in connection with
the Genoa G-8 summit). Despite conflicting statements from other
officers, investigators concluded in October that telephone records and
videotape corroborated the testimony. The Molotov cocktails
subsequently had been used by police to justify the arrest of 93
individuals detained during the raid. Scientific tests did not
corroborate police claims of a knife attack on one of the first
officers to enter the school. This alleged assault was cited
subsequently as the reason for rough police behavior during the raid
that resulted in serious injury to at least 60 of the detained
demonstrators. Conflicting testimony by police contributed to the
magistrates' decision to place under investigation 29 officers involved
in the Diaz raid. An additional 48 officers suspected of committing
abuses elsewhere in Genoa during the antiglobalization protests also
were placed under investigation.
Warrants are required for arrests unless there is a specific and
immediate danger to which the police must respond without waiting for a
warrant. Under the law, detainees are allowed prompt and regular access
to lawyers of their choosing and to family members. The state provides
a lawyer to indigents. Within 24 hours of a suspect's detention, the
examining magistrate must decide whether there is enough evidence to
proceed to an arrest. The investigating judge then has 48 hours in
which to confirm the arrest and recommend whether the case goes to
trial. In exceptional circumstances--usually in cases of organized
crime figures--where there is danger that attorneys may attempt to
tamper with evidence, the investigating judge may take up to 5 days to
interrogate the accused before the accused is allowed to contact an
attorney. The U.N. Human Rights Committee, the treaty monitoring body
for the International Covenant on Civil and Political Rights,
recommended in 1998 that this 5-day period be reduced and that all
detainees have access to legal advice immediately upon arrest.
There is no provision for bail; however, judges may grant
provisional liberty to suspects awaiting trial. As a safeguard against
unjustified detention, panels of judges (liberty tribunals) review
cases of persons awaiting trial on a regular basis per a detainee's
request and rule whether continued detention is warranted. Persons in
detention included not only those awaiting trial, but also individuals
awaiting the outcome of a first or second appeal (see Section 1.e.).
Pretrial detention may last for a maximum of 24 months. The
Constitution and the law provide for restitution in cases of unjust
detention (see Section 1.e.).
Preventive detention can be imposed only as a last resort if there
is clear and convincing evidence of a serious offense (such as crimes
involving the Mafia or those related to drugs, arms, or subversion) or
if there is a risk of an offense being repeated or of evidence being
falsified. In these cases, a maximum of 2 years of preliminary
investigation is permitted. Except in extraordinary situations,
preventive custody is not permitted for pregnant women, single parents
of children under 3 years of age, persons over 70 years of age, or
those who are seriously ill. Preventive custody may be imposed only for
crimes punishable by a maximum sentence of not less than 4 years.
Prosecutors are required to include all evidence favorable to the
accused in requests for preventive detention. The defense may present
any favorable evidence directly to the court. Magistrates'
interrogations of persons in custody must be recorded on audio tape or
videotape to be admissible in judicial proceedings.
In April Naples prosecutors ordered the preventive detention of
eight policemen accused of brutality against March 2001
antiglobalization protestors, reportedly because they were frustrated
by police reluctance to supply information. The order generated
immediate controversy, in part because circumstances a year after the
2001 events did not appear to satisfy the law's requirements for
``preventive'' arrest and in part because prosecutors had not taken
similar action against violent demonstrators. The arrests prompted
protests by Naples policemen, which were supported by national police
unions and police demonstrations elsewhere in the country. Revelations
that some judicial authorities had taken part in the March 2001 protest
prompted charges that investigating magistrates were politically
motivated. Justice Minister Castelli wrote to the autonomous
judiciary's self-governing body (see Section 1.e.) to suggest that
prosecutors' plans to attend a May 10 seminar on dissent and
globalization, concurrent with their ongoing investigations of the
March 2001 protests, were ``inopportune.'' On May 11, a Naples review
court ordered the arrested officers freed; however, they remained under
investigation at year's end.
In early December, a court ordered the release of 18
antiglobalization activists held under investigative detention as
flight risks. Critics had charged that their mid-November detention (on
possible charges of subversion and conspiracy in connection with
violent 2001 protests in Naples and Genoa) amounted to repression of
political speech and were another example of lack of judicial
independence (see Section 1.e.). Also in December, police arrested 23
antiglobalization activists for specific property destruction crimes
committed during the 2001 riots in Genoa.
The law prohibits forced exile--either internal or abroad--and the
Government did not employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. However, most cases involve long trial delays
and the impact of organized crime on the criminal justice system
complicates the judicial process.
The judiciary is comprised of professional magistrates who are
selected through competitive exams, and in general advance through
seniority. Magistrates function either as prosecutors (the executive
branch does not perform prosecutorial functions) or trial and appellate
judges. It is not unusual for magistrates to switch between these
functions over the course of their career. The judiciary is self-
governed by the Superior Council of the Magistracy (CSM). Two-thirds of
its members are selected by magistrates, the rest by Parliament.
There are three levels of courts. A single judge hears cases at the
level of courts of first instance. At the second level, separate courts
hear appeals for civil and penal cases. Decisions of the Court of
Appeals can be appealed to the highest court, the Court of Cassation
(Supreme Court) in Rome, but only for reasons related to correct
application of the law, not to a case's merit. A separate
Constitutional Court hears cases involving possible conflict between
laws and the Constitution or involving conflicts over the duties or
powers of different units of government.
Prosecutors may appeal unfavorable court verdicts, including
sentences they deem too lenient. The Constitution gives prosecutors
broad latitude to investigate filed complaints and media reports of
crimes. Since magistrates cannot investigate every report of a crime,
this allows for them to set their own investigative priorities.
The law provides for the right to fair and public trials, and the
judiciary generally enforced this right. The law grants defendants the
presumption of innocence. Defendants have access to an attorney
sufficiently in advance to prepare a defense and can confront
witnesses. All evidence held by prosecutors may be made available to
defendants and their attorneys. Defendants may appeal verdicts to the
highest appellate court. Trials were slow throughout the country.
Although some observers noted improvement, domestic and European
institutions continued to criticize the slow pace of justice in the
country. A January analysis by national newspaper Corriere della Sera
indicated that the average wait for a definitive verdict in a criminal
case declined slightly to 1,760 days (slightly less than 5 years). In
2001 the European Court of Human Rights issued 391 judgments against
Italy for excessively long proceedings, more than half of the court's
683 rulings. Observers cited several reasons for delays: The absence of
effective limits on the length of pre-trial investigations; the large
number of minor offenses included in the penal code; unclear and
contradictory legal provisions; prosecutors' complete freedom to set
prosecutorial priorities (and some prosecutors' decisions to devote
inordinate resources to a small number of cases); and insufficient
resources, including an inadequate number of judges.
In December an appellate court again convicted two professors for
the 1997 shooting death of a student at Rome's La Sapienza University.
In 2001 the Court of Cassazione previously had ordered the case retried
after the defendants appealed an earlier appellate conviction.
Reforms passed in 2001 reduced prosecutor's procedural advantages
during trials and addressed problems created by abuses of some anti-
Mafia measures, most notably those involving ``pentiti,'' or Mafia
informants. Judges may order the immediate detention of potentially
dangerous individuals to reduce intimidation of witnesses and the risks
that additional crimes could be committed while cases are under appeal.
Pentiti must give testimony in open court, where it can be challenged
by defense attorneys, and must provide significant testimony in order
to receive benefits such as state protection and, for those convicted
of other crimes, reduced sentences.
Despite these reforms, organized crime cases continued to generate
controversy. In November an appellate court convicted former prime
minister Andreotti of conspiracy to commit murder while simultaneously
determining that there was insufficient evidence to convict the alleged
murderers. Andreotti previously had been both acquitted and convicted
of the charges in other trials stretching back to 1993. The conviction,
based largely on the testimony of pentiti, sparked widespread criticism
(including indirectly from the CSM) and calls for additional judicial
reform from across the political spectrum.
The Berlusconi government continued to press new reform proposals
despite strong opposition from the magistrates. In March Parliament
reduced the CSM's membership from 30 to 24 and abolished electoral
tickets as the basis for election to the 16 CSM slots held by
magistrates. In June magistrates staged a 1-day strike to protest
government reform proposals. Those proposals included: Reducing
magistrates' ability to switch between the trial judge and prosecutor
career tracks, tying magistrates' advancement to merit rather than
seniority, and having Parliament set priorities for categories of
crimes to be prosecuted. In November the Parliament approved a measure
restoring a legal provision that allows defendants to request a change
of venue, if they had ``legitimate suspicion'' of bias by the trial
judge. Critics stated that this measure was designed to help Berlusconi
delay the remaining case involving his business dealings before he
became Prime Minister.
Prime Minister Berlusconi continued to face one trial associated
with his business activities prior to taking office the first time in
1994. Several prior cases were dismissed for lack of evidence, for
exceeding the statute of limitations, or because the courts judged him
innocent of the charges. Berlusconi attributed these cases to the
leftist political agendas of some judges. The magistrates and the
political opposition, in contrast, accused the Prime Minister of using
his position to protect his legal and business interests.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Searches and
electronic monitoring may be carried out only under judicial warrant
and in carefully defined circumstances; violations are subject to legal
sanctions. However, after September 11, 2001, Parliament expanded
antiterrorist laws to apply to suspects responsible for directing
violent acts outside the country's borders and authorized prosecutors
to order wiretaps in connection with ongoing investigations. Parliament
imposed safeguards to prevent the release of information intercepted
without prior judicial authorization to unauthorized persons and
forbade its use in criminal proceedings.
In June Parliament discovered that wiretaps were used to probe how
journalists acquired leaked information, in addition to investigate
criminal allegations. A combination of conservative and liberal
parliamentarians and press organizations criticized the autonomous
judiciary for having authorized wiretaps that, in the case of an Il
Giornale reporter--whom the authorities believed had knowledge of a
fugitive's whereabouts--lasted 4 \1/2\ months in 1998. Critics noted
that the judiciary authorized 48,000 wiretaps. Privacy Authority
Chairman Stefano Rodota warned against the proliferation of electronic
surveillance by unobserved video cameras in public places.
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 generally respected these
rights in practice. However, the autonomous judiciary is sensitive to
investigative leaks and press criticism and imposes fines for
defamation (see Section 1.f.). In connection with press leaks, in March
and May, judges authorized raids on the homes and offices of
journalists working for leading dailies La Republica, Corriere della
Sera, and La Stampa. Police questioned journalists and seized their
laptop computers, mobile telephones, electronic diaries, and paper and
digitized archives. Political leaders and press organizations
criticized the raids. In 2001 defamation suits against journalists and
newspapers amounted to more than $1.5 billion (1.52 billion euros). The
costs to major publications resulting from legal fees and the
settlement of lawsuits by successful plaintiffs amounts to an estimated
several million dollars annually. Many defamation lawsuits were filed
by politicians. In 2001 the highest appeals court ruled that
journalists and editors could be sued for defamation for quoting
insulting remarks by third parties in their publications. However,
another part of the ruling stated that public figures, including
prominent politicians, could not utilize this provision.
The media provided a broad spectrum of political opinions,
including those critical of Prime Minister Berlusconi and his policies.
The press included dozens of newspapers, of which six have nationwide
readership. One is controlled by a member of the Berlusconi family.
There were three state-supported radio channels and dozens of privately
owned ones. However, six of the country's seven national broadcast
channels were owned either by Mediaset (a company in which Prime
Minister Berlusconi has a major interest) or by the state-owned network
(RAI); critics alleged that this allows for the Prime Minister to
control the broadcast media. In April Berlusconi accused two RAI
journalists and one RAI comedian of using their broadcast time to
attack him personally and expressed the view that the RAI board should
prevent such occurrences. The featured programs of the three
journalists were not renewed when RAI made programming changes for the
subsequent season; one of the journalists claimed this amounted to a
restriction on freedom of expression. RAI's three channels historically
reflected the views of major political parties, and disputes over
partisanship on the airways were a recurrent feature of political
discourse.
The country's highest appeals court ruled in 2001 that the
Government may block foreign-based Internet sites if they contravene
national laws. A 2001 law required registration of online information
sites and acceptance of liability by site sponsors. These developments
led to a 2-year investigation that resulted in action by the Financial
Police who, in July, blocked five U.S.-based web sites that
``specialized'' in blasphemy against God and the Virgin Mary.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution authorizes the State to enter into relations with
non-Catholic religious confessions pursuant to an accord (``intese''),
on the basis of which the Government can provide support (including
financial support) to the confession; these accords are voluntary,
initiated by religious confessions, and do not infringe on the practice
of religion. A 1929 agreement between the Catholic Church and the
Government, which was revised in 1984, accords the Church certain
privileges. For example, the Church can select Catholic religion
teachers, whose earnings are paid by the State. The Government has
signed accords with several minority religious groups. At year's end,
the Buddhist Union and Jehovah's Witnesses awaited Parliamentary
ratification of government accords.
The continuing presence of Catholic symbols, such as crucifixes, in
many government offices, courtrooms, and other public buildings has
drawn criticism and has been the object of lawsuits.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and the law provide for
these rights, and the Government generally respected them in practice.
The Constitution forbids the deprivation of citizenship for political
reasons. Citizens who leave are ensured the right to return. In July
Parliament abolished the 1947 Constitution's ``transitory provision''
barring male heirs of the former king, Umberto I of Savoy, from
entering the country, ending what had been the country's sole limit on
the freedom of movement of its citizens.
The Constitution 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 cooperated
with the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees, and provided first
asylum to refugees fleeing hostilities or natural disasters. Such
refugees were granted temporary residence permits, which must be
renewed periodically and did not ensure future permanent residence.
In 2001 the Ministry of Interior approved approximately 1,740
asylum requests and denied approximately 18,250 others. Of requests
that were approved, approximately 44 percent involved nationals of the
former Yugoslavia, Iraq, and Turkey.
Large numbers of illegal immigrants from eastern Europe, North
Africa, the Middle East, China, and West Africa continued to arrive,
primarily by sea. According to the Interior Ministry, the number of
immigrants increased by approximately 30 percent during the year. In
the first 6 months of the year, 12,300 illegal immigrants were
detained, as compared with 8,400 in the first 6 months of 2001. Many of
these immigrants entered the country with the intent to transit to
other European Union (EU) countries. Most illegal migrants paid fees to
smugglers and many risked death due to unseaworthy vessels or forced
disembarkation. At least 42 died in two separate incidents in September
within sight of the Sicilian coast. Other illegal immigrants were
forced to engage in illegal activities, were paid substandard wages, or
forced to work as prostitutes to pay off debts incurred for their
passage (see Section 6.f.).
In July Parliament passed a new immigration law that increased
penalties for alien smuggling, trafficking, immigration fraud, and
employment of illegal immigrants (see Section 6.f.). The new law also
created an agency to coordinate border police operations and combat
alien smuggling. According to the Ministry of Interior, authorities
repatriated 75,448 illegal immigrants in 2001.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. In May 2001, Parliament was elected in elections
that were free and democratic. There were numerous political parties
that functioned without government restrictions.
There were no restrictions on women's or minorities' participation
in government and politics. There were 25 women in the 315-seat Senate
and 64 women in the 630-seat Chamber of Deputies; women held 2 of 25
cabinet positions.
In 2000 Parliament approved a constitutional change allowing an
estimated 3.9 million citizens abroad to vote and setting aside 12
seats in the 630-seat Chamber of Deputies and 6 in the 315 seat Senate
to represent them. Enabling legislation enacted in 2001 set technical
details for their absentee participation in the country's next national
elections.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
There were government human rights organizations in the Ministry of
Foreign Affairs, the Prime Minister's office, the Privacy Authority,
and the Senate had a committee on human rights.
Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination on the basis of race, sex (except
with regard to hazardous work), ethnic background, or political
opinion, and provides some protection against discrimination based on
disability, language, or social status; however, some societal
discrimination against women, persons with disabilities, and Roma
persisted.
Women.--Violence against women remained a problem. The NGO Telefono
Rosa, which provides a hot line through which abused women may obtain
legal, medical, and other assistance, reported that 37 percent of the
1,766 calls it received this year involved physical violence in the
home, a decline from 49 percent in 1991, according to a statistical
survey taken that year. Thirty-one percent of the cases involved
psychological violence and 16 percent, economic violence.
Legislation protects women from physical abuse, including by family
members, allows for the prosecution of perpetrators of violence against
women, and shields women who have been objects of attack from
publicity. The law treats spousal rape in the same manner as any other
rape. Law enforcement and judicial authorities are not reluctant to
prosecute perpetrators of violence against women, but victims sometimes
did not press charges due to fear, shame, or ignorance of the law.
According to Telefono Rosa, approximately 3 out of 4 women who
experienced violence declined to report it to the authorities. However,
Telefono Rosa also noted that the entry of more women into the police
force contributed greatly to a willingness of female victims of
violence to cooperate with police.
Trafficking of women into the country for prostitution was a
growing problem (see Section 6.f.).
In 1999 the Labor Ministry and major trade union confederations
agreed on a code of conduct regarding sexual harassment in the
workplace. The code, which follows an EU recommendation, is attached to
national sectoral labor contracts as they are negotiated. Telefono Rosa
reports that previous ad hoc sexual harassment provisions in labor
contracts worked as a deterrent to workplace harassment both in the
public and private sectors.
Women enjoy legal equality with men in marriage, property, and
inheritance rights. Males and females enjoy equal access and treatment
with regard to education, health, and other government services.
The law regulates night work for women; with some exceptions, women
may work at night. These exceptions include pregnant women who are
mothers of one or more children below the age of 3, or women with
disabilities. As a result of liberal maternity leave laws introduced to
benefit women, some employers have found it advantageous to hire men
instead. The law on parental leave grants mothers and fathers an equal
right to take leave when a child is sick. The law also requires civil
service recruiters to explain in writing their motives for hiring or
promoting a man rather than a woman as a manager. The rule was designed
to promote women's access to the higher echelons of public
administration and is to apply in offices where women managers number
less than a third of the total. A study during the year indicated that
women constituted 51 percent of civil servants but only 24 percent had
high-level assignments.
Nevertheless, according to research conducted in 2001 by an
independent research center, women's salaries were 26.6 percent lower
than men's for comparable work. Women were underrepresented in many
fields, such as management, entrepreneurial business and the
professions. In public education, women represented 80 percent of the
personnel but only 22 percent of general directors, 37 percent of
executives, 33 percent of inspectors, and 33 percent of union members.
By year's end, the National Statistical Institute (ISTAT) reported that
employed women were more likely to have a high school diploma (36
percent) than employed men (31 percent). Employed women did better in
higher education; the comparable figures for a university degree are
14.4 percent for women and 10.9 percent for men. In October 12.1
percent of females were unemployed, compared to 6.9 percent of males.
Youth unemployment (ages 15 to 24) was 24 percent for men and 32.3
percent for women.
Women in the military have been integrated quickly into the
military ranks. Voluntary female military service was introduced in a
1999 law.
A number of government offices worked to ensure women's rights. The
Ministry for Equal Opportunity is headed by a woman, and there is an
equal opportunity commission in the office of the Prime Minister. The
Labor Ministry has a similar commission that focuses on women's rights
and discrimination in the workplace, as well as equal opportunity
counselors who deal with this problem at the national, regional, and
provincial government levels. However, many counselors had limited
resources with which to work. Many NGOs, most of which are affiliated
with labor unions or political parties, actively and effectively
promoted women's rights.
Children.--The Government demonstrates a strong commitment to
children's rights and welfare. Schooling is free and compulsory for
children from age 7 to age 18; those unable (or unwilling) to follow
the academic curriculum are allowed to shift to vocational training at
age 15. This reform was intended to reverse the middle and secondary
school dropout rate, which historically has been high. The dropout rate
for the academic year 2000-2001 was 4.6 percent.
The abuse of children was a problem; in 2001 the NGO Telefono
Azzurro received 511,000 calls related to child abuse. It was estimated
that 60 percent of violence against minors was committed within the
home. According to a survey by Telefono Azzuro, almost 400 cases
involved sexual violence, for which fathers were responsible 31 percent
of the time; mothers were responsible 4 percent, and relatives 27
percent. In 78 percent of the cases, the victims were female; almost
half were ages 10 or younger. Both public and private social workers
counseled abused children and were authorized to take action to protect
them. Telefono Azzurro maintains two toll-free hot lines for reporting
incidents of child abuse. Research conducted in 2000 on behalf of the
Government by a private institute estimated that the number of minors
involved in cases of violence (including prostitution) was between
10,000 and 12,000. There were between 1,880 and 2,500 minors who worked
as street prostitutes, of whom 1,500 to 2,300 were trafficked into the
country and forced into prostitution (see Section 6.f.). The domestic
NGO Social Service International assisted in repatriating unaccompanied
immigrant minors. Police reported that they monitored 28,200 websites
for child pornography and related crimes. Police arrested 23 persons,
registered 474 complaints, and conducted 522 searches for internet-
based child pornography.
The law provides for the protection of children and there are
several government programs to enhance the protection available for
minors. The law prohibits pedophilia, child pornography, the possession
of pornographic material involving children, sex tourism involving
minors, and trafficking in children (see Section 6.f.). The law
provides for an information gathering network to collect data on the
condition of minors, and there is a legally mandated office in the
Ministry of Labor and Welfare that protects the rights of unaccompanied
immigrant minors. There are minors offices staffed by trained police
(often women) in police stations around the country to offer emergency
help for minors and families in distress, as well as advice in dealing
with other government social and judicial entities. The law established
a special police unit to monitor and prosecute Internet sites devoted
to promoting pedophilia.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services, although there was some societal
discrimination. Current law, passed in 2000, replaced previous
legislation that prohibited discrimination against persons with
disabilities in employment, education, or the provision of state
services. The law also requires companies having 15 or more employees
to hire one or more workers with disabilities: Those with 15 to 35
employees must hire 1 disabled worker, those with 35 to 50 must hire 2,
and in larger companies 7 percent of the work force must consist of
persons with disabilities. Companies hiring persons with disabilities
are granted certain benefits, including lower social security
contributions, while the Government pays the cost of worker training.
The law also provides for more severe sanctions against violators.
Although the law mandates access to buildings for persons with
disabilities, mechanical barriers, particularly in public transport,
left such persons at a disadvantage. In April the trade union
confederation--Confederazione Generale Italiana del Lavoro (CGIL)--set
a precedent by providing sign language interpreters and a reserved area
for its hearing impaired members at a major rally.
National/Racial/Ethnic Minorities.--Some traditional minorities,
including French- and German- speaking Alpine communities in the north
and a mixture of German and Slovene speakers in the northeast, enjoy
special autonomous status. The special rights of these areas--
respectively the Valle d'Aosta, Trentino Alto Adige, and Friuli Venezia
Giulia--include the use of non-Italian languages in government offices
and, in Trentino Alto Adige and Valle d'Aosta, in public schools. The
law provides for Slovene to be used in government offices and schools.
Roma are another traditional minority but without a specific
geographic base or official recognition of their language. There were
no accurate statistics on the number of Roma in the country. Roma
community members and Roma-oriented NGOs estimated that the population
was approximately 120,000, of whom up to 80 percent could be Italian
citizens--most of whom can trace their ancestry in the country to the
late 14th Century. These Roma tend to live in the central and southern
parts of the country. They worked principally as artisans or in small
circuses or amusement parks and lived in conditions indistinguishable
from those of other Italians.
Additional Roma have immigrated from Eastern Europe. Roma
immigrants, or the children of Roma immigrants, are concentrated on the
fringes of urban areas in the central and southern parts of the
country, living in camps characterized by poor housing, unhygienic
sanitary conditions, limited employment prospects, inadequate
educational facilities and, in the absence of a police presence, an
environment of illegal activity. While many municipalities are building
permanent settlements, an absence of programs to promote the
integration of immigrant Roma into local communities leaves them
isolated on society's margins. Faced with limited income and job
opportunities, and suffering from harassment, some Roma turned to
begging or petty crime, which reinforced negative societal attitudes
and generated repressive measures by police and some judicial
authorities. In 2001 a male Rom was convicted for the 1998 killing of
an 11-year-old boy. Press accounts of the police investigation reported
that a principal witness offered conflicting versions of the killing.
Societal prejudice may have been a factor in the conviction, which in
March an appeals court annulled because of trial irregularities.
Increasing immigration, much of it from China, South Asia, North
and West Africa, Eastern Europe, the Balkans, Turkey, and the Middle
East, altered demographic and cultural patterns in communities across
the country and led to some anti-immigrant sentiment. As many migrants
are Muslim, religion became an additional factor differentiating them
from native-born citizens. Some Catholic prelates contributed to
popular reaction by emphasizing the perceived threat posed by
immigrants to the country's ``national identity'' and what they viewed
as the country's need to favor immigration by Catholics ``or at least
Christians.''
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
establish trade unions, join unions, and carry out union activities in
the workplace, and workers exercised this right. The unions stated that
they represented between 35 and 40 percent of the work force. Trade
unions were free of government controls and have no formal ties with
political parties. All trade unions are professional trade union
organizations that defend trade union interests. Individual trade
unionists are free to identify with and support political parties of
their choosing.
The law prohibits discrimination by employers against union members
and organizers. Dismissals of workers must be justified in writing. If
a judge deems the grounds spurious, he can order the employer to
reinstate or compensate the worker; in firms employing more than 15
workers, workers have the option to choose between reinstatement and
compensation, whereas in firms with fewer than 15 workers, the employer
makes the choice. To encourage small firms to cross this 15-worker
threshold, the Government reached an accord in June with the
Confederazione Italiana Sindacati dei Lavoratori (CISL), the Unione
Italiana del Lavoro (UIL), the Unione Generale del Lavoro (UGL), and
other unions (but not the CGIL) to change the law by exempting such
firms from this provision's coverage.
Unions associate freely with national and international trade union
organizations. The CGIL is the largest national trade union
confederation. There are three other confederations: CISL, UIL, and
UGL. CGIL, CISL, and UIL are affiliated with the International
Confederation of Free Trade Unions (ICFTU); the UGL has been associated
with the World Confederation of Labor (WCL).
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for the right of workers to organize and bargain
collectively, and workers exercised this right. By custom, although not
by law, national collective bargaining agreements apply to all workers,
regardless of union affiliation.
The Constitution provides for the right to strike, and this right
was exercised frequently. The law restricts strikes affecting essential
public services (e.g., transport, sanitation, and health). The law also
defines minimum service to be maintained during a strike as 50 percent
of normal service, with staffing by at least one-third the normal work
force. The law established compulsory cooling off periods and more
severe sanctions for violations and covered transport worker unions,
lawyers, and self-employed taxi drivers. The law has been effective in
preventing complete work stoppages in essential public service sectors
on the frequent occasions during the year on which such strikes
occurred. However, there were numerous strikes in many sectors during
the year, including an April 16 general strike. That protest, which all
major unions backed, was called to oppose the Government's
liberalization of restrictions on an employer's right to fire workers
(see Section 6.a.). The unions considered these restrictions an
important symbolic right. In July all major trade unions, except CGIL,
accepted a limited, experimental liberalization of the restrictions as
part of an annual labor pact. In October CGIL staged a national 1-day
strike to protest the Government's proposed 2003 budget and to
reiterate its opposition to the liberalized dismissal provisions.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports
that such practices occurred. In March police discovered clandestine
Chinese immigrants working under forced circumstances in a textile
plant near Rome. Similar discoveries have been made elsewhere in the
country, particularly in Tuscany's large Chinese immigrant community
(see Sections 6.d. and 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law forbids the employment of children under age 15
(with some limited exceptions), and there are specific restrictions on
employment in hazardous or unhealthful occupations for men under age
18, and women under age 21; however, these laws were not respected
fully in practice. The enforcement of minimum age or other child
protection laws is difficult in the extensive underground economy. In
June ISTAT issued a report on a child labor survey, conducted in
conjunction with the International Labor Organization (ILO), that for
the first time provided reliable statistics on child labor in the
country. ISTAT reported that approximately 31,500 children--a large
number of whom are 14 years old--worked in agriculture (mostly boys)
and urban hotels, coffee bars, and restaurants (mostly girls). This
child labor occurred primarily within the family, and mistreatment was
not a problem. However, ISTAT stated that mistreatment and exploitation
were problems for child labor that occurred outside of families,
particularly for children of immigrants.
Illegal immigrant child laborers from Northern Africa, the
Philippines, Albania, and particularly China continued to enter the
country in large numbers, and the influx from China continued to rise.
According to the Carabinieri, an estimated 30,000 illegal Chinese
worked in sweatshop conditions near Florence, with many minor children
working alongside the rest of their families to produce scarves,
purses, and imitations of various brand name products. Many of these
factories, which face threats of infiltration or coercion by Chinese
organized crime, were equipped with escape tunnels to thwart labor
inspections. Carabinieri officers who worked on child labor used a
videocassette program to educate schoolchildren on child labor laws,
their rights as specially protected workers, and workplace hazards.
Labor Ministry inspections in 2001 of almost 25,000 firms revealed that
the employment of approximately 1,000 minors entailed some irregularity
of age, occupation, prescribed medical evaluation, or required rest or
vacation period. More than 800 people faced charges as a result of the
investigations.
The Government, employers' associations, and unions continued their
tripartite cooperation on child labor. Their periodic consultations,
begun in 1997, cover such matters as better enforcement of school
attendance regulations and programs to reduce the number of school
dropouts (see Section 5); faster assistance for families in financial
difficulty; and canceling economic or administrative incentives for
companies found to make use of child labor, whether domestically or
abroad. The Prime Minister's office provides a toll-free telephone
number to report incidents of child labor. The footwear and textile
industries and the goldsmith associations have codes of conduct that
prohibit the use of child labor in their national and international
activities; codes are applicable to subcontractors as well. In 1999 a
child labor clause was attached to the national labor contract in the
health sector, whereby the parties committed themselves not to use
surgical tools produced by child labor.
e. Acceptable Conditions of Work.--Minimum wages are not set by law
but by collective bargaining agreements on a sector by sector basis,
which specify minimum standards to which individual employment
contracts must conform. When an employer and a union fail to reach an
agreement, courts may step in to determine fair wages on the basis of
practice in comparable activities, although this rarely happened in
practice. These wages provided a decent standard of living for a worker
and family.
The legal workweek is 40 hours; most collective agreements provide
for a 36- to 38-hour workweek. The average contractual workweek was 39
hours but was actually less in many industries. Overtime work may not
exceed 2 hours per day or an average of 12 hours per week. Unless
otherwise limited by a collective bargaining agreement, the law sets
maximum permissible overtime hours in industrial sector firms at no
more than 80 hours per quarter and 250 hours annually.
The law sets basic health and safety standards and guidelines for
compensation for on-the-job injuries. For most practical purposes, EU
directives on health and safety also have been incorporated into the
law. Labor inspectors are from the public health service or from the
Ministry of Labor, but they are few in number in view of the scope of
their responsibilities. Courts impose fines and sometimes prison terms
for violation of health and safety laws. In 2001 the Workmen's
Compensation Institute reported an increase of accidents by 1.1 percent
over the 2000 figures and a 3.1 percent increase in the number of
accidents resulting in death, a trend attributed to increased overall
employment. Accidents occurred with the greatest frequency in the
underground economy, which employs approximately four million workers.
Workers have the right to remove themselves from dangerous work
situations without jeopardizing their continued employment.
f. Trafficking in Persons.--There is no law specifically addressing
trafficking in persons. However, trafficking may be prosecuted through
application of provisions of a 1958 law on prostitution and other
articles of the Penal Code. Trafficking in persons for prostitution and
forced labor was a problem, which the Government took steps to address.
Government officials did not participate in, facilitate, or condone
trafficking.
While there is no law that specifically prohibits trafficking in
persons, other laws used to prosecute traffickers include laws
prohibiting the exploitation of prostitution (the Merlin law), slavery,
sexual violence, kidnaping, and assisting the entry of illegal
migrants. Cases prosecuted for reduction into slavery can bring
penalties of up to 20 years; however, such cases were usually only used
for minors because of the difficulty under the law in proving slavery
for adults. Penalties for infractions of the Merlin law include 6
years' imprisonment and fines of up to $10,000 (10,000 euros). The law
contains provisions on the exploitation of prostitution, pornography,
and sexual tourism to the detriment of minors with penalties of up to
20 years. In July Parliament approved a new immigration law (see
Section 2.d.) that strengthened penalties to combat alien smuggling and
human trafficking. Smugglers would face sentences of 4 to 12 years, and
fines up to $15,000 (15,000 euros), for each alien smuggled. Higher
penalties (5 to 15 years, fines of up to $25,000 (25,000 euros) per
alien) would apply to trafficking involving minors or people destined
for prostitution. Since this law was newly enacted, there were no
statistics available for its efficacy.
The Government investigated and prosecuted many cases against
traffickers using existing laws (except the new immigration
legislation), primarily using the Merlin law. Some prosecutions
resulted in convictions. There were no statistics for the number of
prosecutions that ended in sentencing. The Government also cooperated
with foreign governments investigating and prosecuting trafficking
cases. In early October, the Government announced the results of
``Operation Sunflower Two.'' The operation covered Germany, Austria,
Poland, the Ukraine, and 10 regions in the country by Italian
Carabinieri (policeman) in conjunction with Europol forces from the
aforementioned countries and resulted in 80 arrests in the country. In
December Parliament approved a permanent law applying special prison
conditions to traffickers. The measures, previously limited to Mafia
members, were designed to limit criminals' ability to continue their
operations from jail.
The Ministry of Equal Opportunity leads an intergovernmental
committee charged with monitoring trafficking and coordinating
government activity to combat it. Other members include the Ministries
of Social Affairs, Justice, Interior, and Foreign Affairs, as well as a
special anti-Mafia prosecutorial unit. Major lay and Catholic NGOs
concerned with trafficking, among which Parsec and Caritas were the
most active, cooperated with this body. There were no statistics from
either the Government or from NGOs to show the extent of the
trafficking problem.
Italy was a country of destination and a transit point for
trafficked persons. According to the social research institute, Parsec,
exact statistics on women and children involved in prostitution have
not been updated since 1998. Estimates are in the range of 2,000
persons a year. However, press reports on Operation Sunflower Two
stated up to 50,000 persons from just Russia and Ukraine were
trafficked to the country in 2001, although no source was provided for
this statistic.
Trafficking in persons for the purpose of sexual exploitation
involved economically and socially vulnerable, illegal immigrants,
mostly from Nigeria, Albania, Eastern Europe (Moldova, Ukraine, Russia,
Romania, Bulgaria), China, and South America (Ecuador, Peru, Colombia).
Trafficked persons arrived to the country by boat, bus, or airplane.
Victims of trafficking endured the classic conditions of trafficked
persons: Lured to Western Europe with promises of a job, or sold by
relatives/friends/acquaintances, they were then forced into
prostitution, laboring in restaurants or sweatshops, or begging on the
streets. Their traffickers enforced their compliance by taking their
documents, beating and raping them, threatening their families, or
frightening them with voodoo rites. Some trafficked women were killed
when they showed opposition or went to the authorities.
Trafficking in children for sweatshop labor was a particular
problem in Tuscany's expanding Chinese immigrant community, where
children were considered to be part of the family ``production unit''
(see Section 6.d.).
One of the reasons for the lack of statistics is that criminal
organizations moved trafficked persons around the country. Prostitution
gangs have established routes to move prostitutes from city to city,
making it harder for police to identify and track trafficked persons.
Trafficked persons were not in one place long enough for police to
garner their confidence and break up a route. Three north-south axes
(focused along the Adriatic and Tyrrhenian coasts) and three east-west
axes were identified as routes that gangs used.
Organized criminal groups, both large and small, were behind most
trafficking in the country, particularly from Albania. Trafficked
persons from Nigeria usually were controlled by a madam, usually a
former trafficked person, who held the lien on the loan that was paid
for the trafficked person. They had to work off their debt to her
before they were ``freed.''
According to a recent article in Il Giornale, 19 Italian diplomatic
posts were investigated for visa fraud over the past 3 years; however,
a direct connection of government officials in trafficking was not
established. A number of employees remained under investigation in
connection with the sale of visas. There was no evidence of official,
institutional, or government involvement in trafficking.
Victims of trafficking who were in the sex trade faced the
attending health risks resulting from unsafe or unprotected sex. They
usually were out on the streets day and night in all sorts of inclement
weather. They generally did not go to health centers or doctors.
Trafficking victims in the Tuscany region working in sweatshops
possibly were exposed to dangerous chemicals in the leather tanning and
working industry. Due to the long hours they worked in close proximity
to possibly dangerous machinery, there were health risks to life and
limb.
The law provides temporary residence/work permits to persons who
seek to escape their exploiters. Victims were encouraged to file
complaints and there are no legal impediments for them to do so. If a
complaint is lodged, victims usually did not face prosecution for any
laws they have broken. There was still some deportation of victims,
particularly involving Nigerian prostitutes. Repatriated victims do
face problems in their home countries; this is particularly true in
Nigeria and Albania. There was a growing problem of recognizing
victims' rights when the victims have broken immigration laws. This
concern was raised by NGOs as more deportations occurred during the
year, and the Government has strengthened illegal immigration laws. The
NGOs alleged that not enough time was allowed: Between apprehending
illegal immigrants and deporting them; discovering if the people who
have broken immigration laws also have been trafficked; obtaining
information on their traffickers; and informing them of their rights as
victims before they were deported. The Government did provide legal and
medical assistance once a person has been identified as having been
trafficked. There were shelters and programs for job training. There
also were assistance and incentive programs to those willing to return
to their home country.
The Government, in conjunction with other governments and NGOs,
worked to orchestrate awareness campaigns. In March the country hosted
a preliminary session of the EU STOP program culminating in a September
meeting in Brussels on trafficking. On July 11-12, a group of NGOs,
representatives from the Ministry of Foreign Affairs, and the City of
Rome, hosted a conference to address trafficking of children, with an
emphasis on identifying and reporting patterns of trafficking into and
within the country for purposes of prostitution and child slavery. The
event was attended by more than a dozen organizations, including the
Lelio Basso Foundation, Terre des Hommes Italia and Save the Children
Italia (co-sponsors), the ILO, International Organization for
Migration, Caritas, and UNICEF. Representatives from national and
regional governments of Albania and Romania also were present.
__________
KAZAKHSTAN
The Constitution of Kazakhstan concentrates power in the
presidency. President Nursultan Nazarbayev was the dominant political
figure. The Constitution permits the President to control the
legislature and judiciary, as well as regional and local governments;
changes or amendments to the Constitution required the President's
consent. President Nazarbayev was elected to a 7-year term in a 1999
election that fell far short of international standards. The law allows
the President to maintain certain policy prerogatives and a seat on the
Security Council after he leaves office. The Constitution limits
Parliament's powers by precluding it from appropriating state money or
lowering taxes without executive branch approval. However, Members of
Parliament (M.P.s) had the right to introduce legislation, and some
bills introduced by M.P.s have become laws. Parliamentary elections in
1999 were an improvement over the presidential election but fell short
of the country's commitments as a member of the Organization for
Security and Cooperation in Europe (OSCE). In 2001 experimental local
akim (county-level leader) elections were held in some rural areas.
Parliamentary by-elections in December were marked by serious
irregularities; preliminary results of the elections conflicted with
independent exit polling. The judiciary remained under the control of
the President and the executive branch.
The Committee for National Security (KNB) was responsible for
national security, intelligence, and counterintelligence. The KNB also
played a law enforcement role in border security, internal security,
and antiterrorism efforts and oversaw the external intelligence
service, Barlau. The Chairman of the KNB reported directly to the
President. The Ministry of Interior (MVD) supervised the police, who
were poorly paid and widely believed to be corrupt. Members of the
security forces committed human rights abuses.
The country undertook significant market-based economic reforms
since independence: many businesses and industries were privatized,
restrictions on currency convertibility removed, and wage rates were
allowed to be determined by market forces. The population was
approximately 14.8 million. The economy was mainly driven by revenue
from the country's vast energy and mineral resources. Agriculture,
which represented approximately 10 percent of gross domestic product
(GDP), was slower to reform because the Government had not established
a legal basis for private ownership of agricultural land. The average
monthly wage in the second quarter of the year was $131. During the
year, about 29.4 percent of the population lived below the minimum
subsistence level, compared with 32 percent in 2001. Real GDP growth
was estimated at 9.5 percent, while inflation was 6.6 percent during
the year. The official unemployment rate was 8.3 percent.
The Government's poor human rights record worsened, and it
continued to commit abuses. The Government severely limited citizens'
right to change their government and democratic institutions remained
weak. Members of the security forces mistreated detainees on some
occasions. Police tortured, beat, and otherwise mistreated detainees.
Government officials acknowledged that abuses by police constituted a
serious problem. Prison conditions remained harsh; however, the
Government took an active role in efforts to improve prison conditions
and the treatment of prisoners. The Government continued to use
arbitrary arrest and detention, and prolonged detention was a problem.
Corruption in the judiciary remained deeply rooted. Amendments to
several laws governing the authority of prosecutors further eroded
judicial independence by, among other provisions, allowing prosecutors
to suspend court verdicts. The Government infringed on citizens'
privacy rights, and new legislation granted prosecutors broad
authorities to monitor individuals.
There were instances when the Government harassed independent
media, and as a consequence, many journalists practiced self-
censorship. Several opposition news outlets were attacked and/or had
operations suspended during the year. The Government restricted freedom
of assembly and association. The Government limited democratic
expression and continued to impose restrictions on the registration of
political parties. Although the Constitutional Council deemed
unconstitutional restrictive amendments to the Religion Law in April,
at times local authorities harassed nontraditional religious groups or
their members. Some human rights observers reported that the Government
monitored their activities.
Violence against women, including domestic violence, was a serious
problem. There was discrimination against women, persons with
disabilities, and ethnic minorities. The Government discriminated in
favor of ethnic Kazakhs. Child labor persisted in agricultural areas.
Trafficking in women and children, primarily teenage girls, was a
problem, although the Government continued to take steps to address the
problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings by the Government or its agents; however,
there were reports that police used excessive force that led to some
deaths of persons in and out of custody. Information on deaths in the
military as a result of mistreatment was unavailable at year's end.
One case of possible death due to excessive force by the security
services was reported. 0n May 5, 18-year-old Andrey Cherniy died after
allegedly being beaten by a Pavlodar police captain at a local disco
where the police captain was on duty. Local press reported that
Pavlodar police denied that the beating took place, although an
eyewitness continued to maintain it did. In June police closed their
investigation on the basis of conflicting eyewitness testimony and lack
of forensic evidence.
There were no reports of killings in custody. During the year, the
Prosecutor General reopened the case in the 2001 death of Kanat
Biyembitov, who died in a Turkestan hospital following his arrest by
the KNB on suspicion of being a member of an extremist group. According
to signed statements by Biyembetov and his family, arresting KNB
officers beat him. The KNB officers alleged that Biyembetov sustained
his injuries when he jumped from a moving police car. The Government
reported that Turkestan district KNB officers had violated the law and
two officers were fired. No criminal charges were brought against them.
The case had been closed by the MVD, but the Prosecutor's investigation
continued at year's end.
There were deaths of some persons while detained or in custody.
Many of these were from disease while in prison.
On June 21, 25-year-old Leila Bayseitova, the daughter of a
prominent opposition journalist, died in an Almaty hospital after being
taken there from police custody. She was arrested on June 16 on drug
possession charges. A police investigation concluded that she tried to
hang herself in her jail cell as a result of a severe drug withdrawal
reaction (see Section 2.a.).
On September 11, 28-year-old Vladislav Shishov died while being
held in police custody in Pavlodar. Police originally maintained that
he had died suffering from violent seizures, but in December police
arrested two of Shishov's cellmates for beating him continuously for 4
days. Criminal negligence charges were also filed against a medical
assistant on duty at the time of death, who admitted responsibility,
and the head of the detention center, who denied the charge.
In 2001 a police sergeant was acquitted on charges of inflicting
bodily harm in the 2000 death of Boris Bekov. The prosecutor appealed
to the Supreme Court, which ordered the district court in July to retry
the case, considering evidence excluded from the first trial. The
police sergeant's lawyer maintained that other officers should have
been charged as well.
Additional information became available during the year about the
1999 beating death of 24-year-old Nurzhan Saparov, who was in custody
following his arrest for disturbing the peace in Makhtaaralsk (Southern
Kazakhstan Oblast). According to the Government, four police officers
were imprisoned in 2000 for illegal detention and the fatal beating.
Saparov's mother disputed this information, saying one officer was
freed after serving only 2 \1/2\ years of a 9-year sentence for abuse
of power and premeditated murder, while three others were sentenced to
3 years probation for misconduct but then amnestied immediately.
In the 2001 killing of Dilbirim Samsakovaya, director of a
charitable Uighur foundation and a well-known Uighur community
activist, police reported in April that a suspect had been identified,
but not apprehended. Police stated earlier that they believed that the
killing was related to Samsakovaya's personal or business dealings.
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 no one must be subject to
torture, violence or other treatment and punishment that is cruel or
humiliating to human dignity; however, police tortured, beat, and
otherwise abused detainees, often in order to obtain confessions.
Prison officials beat and mistreated prisoners.
Government officials acknowledged the seriousness of the problem of
police abuse and undertook some efforts to combat it, for example by
punishing violators through the criminal justice system. According to a
Vice Minister of Interior, 100 criminal charges were placed against
police officers for the unlawful use of physical force against citizens
during the first 8 months of the year. According to the Deputy
Prosecutor, 38 of these were new cases filed during the year. Human
rights observers believed that these cases covered only a small
fraction of the incidents of police abuse of detainees, which they
characterized as routine. Training standards and pay for police were
very low, and individual law enforcement officials often were
supervised poorly. Law enforcement officers participating in a
government conference on pretrial detention facilities in 2001 noted
that beatings by officials were common in such facilities (see Section
1.d.).
On December 21, the President signed the Law on Amendments and
Additions to the Criminal, Criminal Procedure, and Criminal Executive
Codes which expanded the definition of torture and criminalized the
deliberate infliction of physical or psychological suffering by an
investigator or other official aimed at extracting a confession. The
law was developed with assistance from human rights groups. The law,
which had been submitted to Parliament in September, amended the
Criminal Code to provide for more extensive use of alternative
sentencing by reclassifying punishment requirements for more than 100
crimes.
In an April interview that appeared in the official press, the
Deputy Prosecutor in Pavlodar Oblast (province) cited specific
instances where police had resorted to beatings and torture. In one
case, two officers shocked a suspect with electric cables to force a
confession after they had planted evidence on him. One of the officers
was sentenced to 5 years in prison and the other escaped. A second case
cited the use of suffocation as an interrogation technique; the police
officer involved was sentenced to 3 years in prison. The names of the
victims of these incidents were not disclosed.
0n May 5, 18-year-old Andrey Cherniy died after allegedly being
beaten by a Pavlodar police captain some days before at a local disco
where the police captain was on duty (see Section 1.a.).
During the year, the Prosecutor General reopened the case in the
2001 death of Kanat Biyembitov after his arrest by the KNB on suspicion
of being a member of an extremist group (see Section 1.a.).
Army personnel continued to subject conscripts to brutal hazing,
including beatings and verbal abuse. No statistics were available on
the extent of the problem. In 2000 the Government began a program to
improve the training of military forces on social and legal issues in
order to reduce hazing. The Army punished violators of its antihazing
policy, and the Government occasionally took action against officials
charged with abuses, often levying administrative sanctions such as
fines on those found guilty. In October an official TV station reported
a September beating of an Army private at a military unit in Pavlodar.
The hospital where he underwent surgery for kidney damage provided him
with documents attesting to his injury after two Mazhilis deputies
intervened. It is unclear whether the private filed a complaint. In
November the press reported several military court prosecutions for
hazing in Aktobe Oblast; the names of the military officials involved
were not disclosed.
Prison conditions remained harsh and sometimes life threatening,
although there were some signs of improvements during the year. Some
instances of mistreatment occurred in pretrial detention facilities and
in prisons. Guards were poorly paid and often did not have sufficient
experience to supervise large groups of prisoners. Violent crime among
prisoners was common. During the year there were approximately 65,000
prisoners in facilities designed to hold at least 1,000 fewer persons.
A general amnesty announced in late 2001 for the 10th anniversary of
the country's independence released over 10,000 persons from prisons
during the year, while even more did not serve terms for which they
were sentenced.
Prisons remained overcrowded. Prisoners were housed in close
proximity, barracks-style facilities. The head of the Criminal
Corrections Committee in the Ministry of Justice said in July that
government funds were allocated to build new correctional facilities
with prison cells. Facilities rehabilitated with government funds
included maximum-security penitentiaries in Zarechniy (Almaty Oblast)
and Uralsk; a general-security penitentiary in Zhambyl Oblast; and a
juvenile facility in Karaganda Oblast. A new women's and a new juvenile
penitentiary in Eastern Kazakhstan Oblast also opened during the year.
Reconstruction continued at a general-security penitentiary in Pavlodar
Oblast and a juvenile facility in Aktau. Fifty percent of the prison
population served their terms in facilities that, contrary to the law,
were not near their places of residence.
In the past several years, the adequacy of prison diets and
availability of medical supplies improved. In addition, the Government
initiated training programs for prison medical staff. There were five
tuberculosis colonies and three tuberculosis hospitals for prisoners.
While the incidence of tuberculosis stabilized, HIV and AIDS was a
growing problem. Prisoners were permitted to have visitors. The number
and duration of visits depended on the security level of the prison and
the type of sentence received. This could range from unlimited visits
of short- (3 hours) and long-term (up to 3 days) duration for some
prisoners to two each of short- and long-term duration a year for
prisoners at maximum-security facilities. Prisoners were permitted to
use telephones.
On January 1, control of the prison system moved to the Ministry of
Justice from the MVD, in accordance with international standards. The
Ministry of Justice has been active in improving prison conditions
since the transfer, including through human rights training for its
employees in each oblast, an extensive rehabilitation program of
facilities, and cooperation with international organizations. However,
control of pretrial detention facilities remained with the MVD. The
Minister of Interior stated in a September interview that such
facilities should not be transferred to the Ministry of Justice for
some time, since they were a key tool of investigators in uncovering
crimes. The head of the Criminal Corrections Committee responded that
investigators would still have access to these facilities under the
Ministry of Justice, and that the guards in such facilities were not
investigators.
Reported incidents of self-mutilation in prisons to protest
conditions declined during the year. Government statistics on self-
mutilation generally matched information available to NGOs and human
rights monitors. According to the head of the prison system, there were
14 such cases in the first half of the year, compared with 100 in 2001.
Statistics for the entire year were not yet available. The MVD did not
provide similar statistics for pretrial detention facilities that
remained under its control.
On April 8, 28 inmates at a Karaganda pretrial detention facility
slashed their abdomens to protest their transfer to the Dolinka 151/7
maximum-security penitentiary in the oblast, where they reportedly
believed the rights of prisoners were not respected. In May three
inmates at Dolinka also slashed their abdomens. In the former incident,
the oblast prosecutor and the MVD initiated an investigation. The
prison warden was reportedly fired and the regional prison director
punished for negligence as the result of that investigation.
In August approximately 70 inmates at Juvenile Penitentiary 163/3
in Aktobe rioted to protest the failure of the prison administration to
investigate the suicide of an inmate who had repeatedly complained of
beatings by prison officials. To resolve the riot, the head of the
facility was removed from his position and the administration promised
to launch an investigation. The investigation reportedly led to the
firing of the prison warden and punishment of the regional director for
the prison system for negligence.
The Government was active in pursuing penal reform and projects to
improve prison conditions. During the year, the Government, together
with the OSCE and the international NGO Penal Reform International
(PRI), continued projects providing medical and human rights training
to prison officials. The Government, in cooperation with the PRI and
the OSCE, expanded the Pavlodar prison personnel training project to
all of the country's oblasts. The Government, again in conjunction with
OSCE, held seminars during the year for the directors of pretrial
detention facilities in the oblast seats of Kyzl-Orda and Aktobe and
the cities of Astana and Almaty on international standards at such
facilities. The series of seminars began in late 2001 with a session in
Pavlodar.
The prison (Criminal Corrections) system under the Ministry of
Justice consisted almost exclusively of dormitory-style penitentiaries
(including general and maximum-security facilities, and women's and
juvenile facilities); there was also one maximum-security prison. There
were separate facilities for men and women, and juveniles were held
separately from adults. There were no special prisons for political
prisoners. The MVD administered both pretrial detention facilities and
police detention facilities, which were separate from facilities for
convicted criminals administered by the Ministry of Justice.
Although there was no known statutory requirement, human rights
observers and journalists wishing to visit prisons must receive
authorization; observers and journalists generally were allowed access
to penal colonies, except during protests. Access to pretrial detention
centers, which were controlled by the MVD, sometimes was denied. Prison
administrators were hesitant to allow civilians into the maximum-
security facilities for reasons of personal security. The Kazakhstan
International Bureau for Human Rights and Rule of Law visited men's,
women's, and juveniles' facilities during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, arbitrary detention
remained a problem. In a series of seminars on pretrial detention
facilities held by the Government with participation from the OSCE, the
Bureau for Human Rights, and PRI, law enforcement officials stated that
cases of violation of detainees' rights and illegal detentions were
common.
The Government arrested and detained government opponents and
critics, sometimes for minor infractions of the law such as
unsanctioned assembly (see Section 2.b.).
Oleg Okhulkov, a lawyer known to provide legal assistance to
opposition figures, was held in pretrial detention from December 2000
until his conviction on April 16 for fraud in connection with a civil
suit. The Kazakhstan International Bureau for Human Rights filed an
appeal with the Prosecutor General to reconsider the case; that appeal
was denied in December. Okhulkov's time in pretrial detention was
counted toward his 5-year prison sentence.
The Constitution provides that arrests and detentions may occur
only with the sanction of a court or a prosecutor. Human rights
observers alleged that police routinely failed to register the name of
a person arrested in order to extend the maximum 72-hour period that a
person could be held without the approval of the prosecutor. The
official Russian-language press reported in 2001 on an investigation
into detentions by the Zhambyl Oblast Prosecutor General's Office. The
office found that oblast police illegally detained more than 3,500
persons and that in some cases the registration logs of detainees were
falsified. Disciplinary action reportedly was taken against police
officers who were found at fault.
The Constitution also provides that every person detained,
arrested, or accused of committing a crime has the right to the
assistance of a defense lawyer from the moment of detention, arrest, or
accusation (see Section 1.e.). While this right generally was respected
in practice, human rights observers alleged that law enforcement
officials dissuaded detainees from seeing an attorney or gathered
evidence through preliminary questioning before the person's attorney
arrived and the formal interrogation began. Police were not required
under the law or in practice to inform detainees that they had the
right to an attorney.
A bail system exists, but was rarely used. Individuals generally
remained in pretrial detention until their trial. The Deputy Prosecutor
stated that 56 persons were released on bail in the first 8 months of
the year, compared with 73 during 2001.
The law sanctions pretrial detention. According to the
Constitution, police may hold a detainee for 72 hours before bringing
charges. The Criminal Procedure Code allows continued detention for
much longer periods with the approval of the Prosecutor General. Lower-
ranking prosecutors may approve interim extensions of detention. The
Criminal Procedure Code allows persons to be held for up to 1 year in
pretrial detention facilities after they have been charged and were
awaiting trial, with the sanction of the prosecutor. There were
improvements in the respect for time limits on detentions, although
individuals could still be held for weeks or months.
The MVD administered pretrial detention centers. Local human rights
NGOs generally had access to pretrial detention facilities; however,
there were reports of some individuals who had difficulty gaining
access. Conditions and treatment in pretrial facilities remained harsh,
although the Ministry actively participated in training seminars on
international human rights standards for the directors of such
facilities. There were more than 14,000 persons in pretrial detention
centers during the year, several thousand fewer than in previous years.
In September the Minister of Interior stated that, unlike the prisons,
pretrial detention facilities should not be transferred to the Ministry
of Justice for some time because investigators rely on such facilities
to gather evidence (see Section 1.c.).
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The court system's independence
was compromised by legislative, administrative, and constitutional
arrangements that in practice subjugate the judiciary to the executive
branch of government. On August 9, new legislation covering the
authority of prosecutors went into effect. The new law grants a quasi-
judicial role to the Prosecutor General by, among other provisions,
allowing him and his deputies to suspend court decisions. There was no
time period specified for referral back to the court for a retrial. By
allowing the Prosecutor General to suspend court decisions without
specifying a time period for mandatory referral back to the court, the
new law further undermined the independence of the judiciary.
Corruption was evident at every stage and level of the judicial
process. Lawyers and human rights monitors alleged that judges,
prosecutors, and other officials solicited bribes in exchange for
favorable rulings in nearly all criminal cases. Nonetheless, judges
were among the most highly paid government employees. District court
judges earned approximately $300 (45,540 tenge) per month and oblast
court judges earned almost $500 (75,900 tenge) per month; Supreme Court
judges could earn more than twice that. According to a November 2001
poll conducted by the Association of Political Scientists and
Sociologists, only 17 percent of respondents described the court system
as completely or partly free of corruption.
There are three levels in the court system: Local, oblast, and the
Supreme Court. Local courts try less serious crimes, such as petty
theft and vandalism. Oblast courts handle more serious crimes, such as
murder, grand theft, and organized criminal activities. The oblast
courts also may handle cases in rural areas where no local courts were
organized. Judgments of the local courts may be appealed to the oblast-
level courts, while those of the oblast courts may be appealed to the
Supreme Court. There were also military courts.
According to the Constitution, the President proposes to the upper
house of Parliament (the Senate) nominees for the Supreme Court.
Specifically nominees were recommended by the Supreme Judicial Council,
which includes the chairman of the Constitutional Council, the chairman
of the Supreme Court, the Prosecutor General, the Minister of Justice,
senators, judges, and other persons appointed by the President. The
President appoints oblast judges (nominated by the Supreme Judicial
Council) and local level judges from a list presented by the Ministry
of Justice. The list was based on recommendations from the
Qualification Collegium of Justice, an institution made up of deputies
from the Mazhilis, judges, public prosecutors, legal experts, and
Ministry of Justice officials. The President appoints the Collegium
chairman.
Under the law judges were appointed for life, although in practice
this means until mandatory retirement at age 65. Procedures to remove
judges were established by a December 2000 law, which specifies that
the Chairman of the Supreme Court can initiate disciplinary cases
against judges; Oblast Court Chairmen may initiate the procedure for
judges within an oblast. Judicial collegiums review the cases and can
recommend dismissal. Dismissal decisions were made by presidential
decree, except in cases of members of the Supreme Court, for whom a
presidential proposal to dismiss must be confirmed by the Senate. The
law lists the grounds for which a removal action can be taken.
The Constitution provides for the Constitutional Council to rule on
election and referendum challenges, to interpret the Constitution, and
to determine the constitutionality of laws adopted by Parliament. The
President directly appointed three of its seven members, including the
chairman, and had the right of veto over Council decisions. The Council
could overturn a presidential veto if at least two-thirds (five) of its
members voted to do so. Therefore, at least one presidential appointee
had to vote to overturn the President's veto for the Council to
overrule the President. Citizens did not have the right to appeal to
the Council regarding the constitutionality of government actions,
although they were allowed to make such appeals to the former
Constitutional Court. Under the Constitution, only the President,
chairman of the Senate, chairman of the Mazhilis, Prime Minister, one-
fifth of the members of Parliament, or a court of law may appeal to the
Constitutional Council. The Constitution states that a court shall
appeal to the Council if it ``finds that a law or other regulatory
legal act subject to application undermined the rights and liberties of
an individual and a citizen.''
The Constitution and the law establish the necessary procedures for
a fair trial; however, trials often were not fair in practice. Trials
were public with the exception of instances in which an open hearing
could result in state secrets being divulged, or when the private life
or personal family concerns of a citizen had to be protected. The
Constitution gives defendants the right to counsel and states that for
those who cannot afford an attorney, the Government must provide one
free of charge. However, there was no system of public defenders, and
as a consequence lawyers were reluctant to take state-assigned cases
when the Government often did not provide payment for their services. A
Ministry of Justice official acknowledged that access to lawyers was a
serious problem during a 2001 conference and said that a system of
public defenders was being developed. According to the Constitution,
defendants also have the right to be present at their trials, the right
to be heard in court, and the right to call witnesses for the defense.
Defendants enjoyed a presumption of innocence, were protected from
self-incrimination, and had the right to appeal a decision to a higher
court. Legal proceedings were conducted in the state language, Kazakh,
although Russian also may be used officially in the courts. Proceedings
also may be held in the language of the majority of the population in a
particular area. In most cases, these rights were generally respected.
A Supreme Court interpretive decision during the year began
requiring courts to base their legal reasoning on arguments presented
by both the defense and prosecution, in accordance with the law. The
Court had found a disproportionately high volume of written court
decisions based only on the prosecution's case.
The Government selectively prosecuted political opponents. Two
founding members of the Democratic Choice for Kazakhstan (DVK) movement
were arrested in late March (see Section 2.b.). Both underwent trials
during the summer and were convicted. Mukhtar Ablyazov, former Minister
of Energy, was convicted by the Supreme Court of abuse of power and
sentenced to 6 years in prison. Galymzhan Zhakiyanov, former Akim
(Governor) of Pavlodar Oblast, was convicted on corruption charges in
late July and sentenced to 7 years in prison. A minister also was
arrested and lost his job during the year on suspicion of corruption;
unlike Ablyazov and Zhakiyanov, he remained free on his own
recognizance while a criminal investigation was carried out.
International organizations and foreign governments, while not
commenting on the guilt or innocence of either defendant, criticized
the timing of the Government actions. The arrests came years after the
alleged crimes were committed, but only months after Ablyazov and
Zhakiyanov founded an opposition political movement. In a televised
appearance on September 20, President Nazarbayev stated that corrupt
officials ``rush to set up political parties in order to use them as
cover.''
Observers at the trials reported that both the judicial process and
the judges themselves, particularly in the case of Zhakiyanov, heavily
favored the State's case. The force of subpoena during the trials only
applied to prosecution witnesses and many of the witnesses, mainly
government officials, stated during testimony in court that they had
been intimidated during the investigation by the threat of legal
action. Many witnesses also contradicted in court their testimony
during the investigations. Most motions filed by the defense were
denied.
Zhakiyanov was transferred to a prison facility in Kostanay Oblast
in September. He and Ablyazov remained imprisoned at year's end.
President Nazarbayev stated before the trials began that he would
consider exercising his constitutional power of pardon should the
courts find them guilty and should they ask him for it. Local human
rights groups lobbied international human rights organizations
extensively to have Zhakiyanov and Ablyazov declared political
prisoners.
There were no other reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government occasionally infringed on these rights. The Constitution
provides that citizens have the right to confidentiality of personal
deposits and savings, correspondence, telephone conversations, postal,
telegraph, and other messages; however, the limitation of this right
was allowed in cases and according to procedures directly established
by law. Laws provide that only the Prosecutor can approve limitations
of these rights when they are necessary for investigative purposes.
Courts may hear an appeal on such decisions by prosecutors, but cannot
issue an immediate injunction to cease the limitation of rights.
New legislation on prosecutors, enacted on August 9 after a
Constitutional Council review upon the request of 24 parliamentary
deputies, expanded the authority of prosecutors to limit citizens'
constitutional rights. The KNB, Ministry of Interior, Financial Police,
and other agencies, with the concurrence of the Prosecutor General's
Office, maintained their authority under the new law to infringe on the
secrecy of writings, telephone conversations, telegraphic
communications, and postal dispatches, as well as the inviolability of
the home. The new law expanded that list to include access to
confidential bank records, the freezing of bank assets, and explicit
authorization to record conversations secretly and to wiretap and
record communications by telephone and other devices. The Criminal
Procedure Code continued to allow for investigative measures affecting
the legally protected secrecy of telephonic conversations without a
prosecutor's warrant only in certain urgent cases; in such cases, the
Prosecutor is to be notified of the interception of conversations
within 24 hours. The new law added the explicit definition of methods.
On occasion, government opponents reported that the Government
monitored their movements and telephone calls. In one such instance,
opposition activist Nurbulat Masanov was sued for libel after a tape
originating from an alleged wiretap on his cellular phone was
distributed. In June an Almaty court found Masanov guilty of slander
based on comments from the tape; he was ordered to pay a fine of $65
(10,000 tenge) and publish an apology. Masanov's appeals, which went up
to the Supreme Court, were denied and a criminal contempt case opened
against him in August for refusal to publish the apology. At a 2001
press conference, Masanov claimed that his telephone had been
wiretapped for 2 years.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution and the Media Law
provide for freedom of speech and of the press; however, throughout the
year, the Government used a variety of means, including criminal and
administrative charges, and, observers reported, the use of physical
attacks and vandalism to silence its critics. As a consequence, many
journalists practiced self-censorship.
The Media Law reaffirms the constitutional provision for free
speech and prohibits censorship; however, the Media Law enabled the
Government to restrict media content. For example, amendments enacted
in 2001 codify the constitutional prohibition on the mass media from
undermining state security or advocating class, social, race, national,
or religious superiority or ``a cult of cruelty and violence.'' The
amendments also establish that owners, editors, distributors, and
journalists may be held civilly and criminally responsible for content,
regardless of the source of information. The law defines websites as
mass media, although they were specifically excluded from some of the
law's provisions. The Media Law also prohibits violence and all
pornography from television broadcasts. The law also requires all media
to register with the Government, although websites were exempted from
this requirement. President Nazarbayev said in August that the Media
Law should be amended again to further define journalists'
responsibility not to undermine the State and to create a journalistic
code of ethics.
The Law on National Security gives the Prosecutor General the
authority to suspend the activity of news media that undermines
national security; however, this authority has never been invoked. A
1999 State Secrets Law established a list of government secrets, the
release of which is proscribed in the Criminal Code. The law defines,
for example, certain foreign policy information as secret if disclosure
of this information might lead to diplomatic complications for one of
the parties. The list of state secrets enumerated in the law includes
all information about the health, financial, and private life of the
President and his family. Also defined as state secrets is economic
information such as the volumes of national mineral reserves and the
amount of government debt owed to foreign creditors.
The Media Law amendments, signed by the President in 2001, limited
the rebroadcast of foreign-produced programming. The amendments require
a graduated reduction in rebroadcast of foreign programming: 50 percent
beginning January 1 and 20 percent by January 1, 2003. Some media
outlets were sanctioned under this provision during the year, although
the Government stated that the majority of outlets were compliant.
The 1997 Language Law established that the amount of time
television and radio stations broadcast in the state language (Kazakh)
must not be less than the sum of the volumes of transmissions in other
languages. The same wording appears in the Media Law, which allowed its
enforcement from the beginning of the year. The Ministry of Culture,
Information, and Public Accord monitored compliance with this
requirement and sanctioned some violators during the year with 6-month
license suspensions.
A new Administrative Code, adopted in 2001, charges the Ministry of
Culture with oversight over administrative violations of the media. The
code allows the Ministry to suspend the activity of a media outlet for
3 days while preparing a legal case and to confiscate newspaper print
runs.
During the year, there were several serious incidents involving
journalists that were critical of government leaders or their
relatives.
On June 21, 25-year-old Leila Bayseitova, daughter of opposition
journalist Lira Bayseitova, died in an Almaty hospital, after being
taken there from police custody. She was arrested on June 16 on charges
of drug possession. The police asserted that she tried to hang herself
in her jail cell as a result of a severe drug withdrawal reaction and
closed the case in July. An August investigation by an independent,
international NGO found that the police explanation could not be
verified without a forensic autopsy and a reconstruction of the
incident. In December the Government invited foreign government
forensic experts to conduct another independent evaluation. These
experts concluded that the police version of events was possible,
including evidence of the victim's drug use as police had claimed.
Neither investigation established that Bayseitova's death was linked to
her mother's journalism (see Section 1.d.).
In July the KNB opened an investigation against independent
journalist Sergey Duvanov for an article critical of President
Nazarbayev that he published on an opposition website. On August 29,
three unknown persons attacked Duvanov in the darkened hallway outside
his apartment. The assailants carved a cross and several other marks on
Duvanov's chest and allegedly told Duvanov that he was aware of why
they were attacking him. President Nazarbayev denounced this attack,
calling it a provocation, and charged Interior Minister Suleymenov with
personally leading the investigation. Suleymenov said publicly that
members of the opposition had orchestrated the attack in an effort to
discredit the Government. No arrests had been made in the case by the
end of the year.
On October 29, Duvanov was arrested and charged several days later
with the rape of an underage girl. His supporters argued that the
charge was fabricated, while others demanded justice for the young
alleged victim. International organizations and human rights groups
were critical of the charge, noting a pattern of harassment of Duvanov
during the year, and pressed the Government to conduct an impartial and
transparent investigation. Court proceedings began on December 24, but
were postponed until the 2003 to give Duvanov's lawyers opportunity to
review the investigative materials.
The Government did not permit individuals to criticize the
country's leadership and, early in the year, enforced laws limiting
this aspect of freedom of speech. The Constitution provides for the
protection of the dignity of the President, and the law prohibits
insulting the President and other officials. Media outlets generally
practiced self-censorship regarding information on the President and
his family to avoid possible legal problems. Most media did not present
the story, which had been widely reported internationally in 2000 and
developed during the year, about foreign investigations into possible
illicit payments from abroad to senior government officials, including
President Nazarbayev. Local media outlets, when they did report on
these charges, informally dubbed them Kazakhgate. Most media did carry
an April speech before Parliament by Prime Minister Tasmagambetov
claiming that a billion-dollar secret Swiss bank account in the
President's name was for state emergencies.
During the year, several criminal investigations began under
Section 318 of the Criminal Code, which prohibits insulting the honor
and dignity of the President. A conviction carries a maximum 3-year
jail term. In at least two of these cases, charges were filed, and
those accused appeared in court. In a July interview that appeared in
the international press, President Nazarbayev stated that it was not
necessary to enforce Section 318; on September 3, local news outlets
reported Interior Minister Suleymenov repeating this pronouncement by
the President. Following these pronouncements, the Government did not
initiate any new prosecutions under Section 318, and no new cases were
reported.
In June Oksana Martynuk, a journalist with the Atyrau-based
newspaper Al Zhayik, was acquitted on criminal charges under Section
318, pending her apology. The charges stemmed from a 2001 article
reporting on new security measures designed to protect sturgeon fishing
concerns. One of the companies to benefit reportedly was owned by Timur
Kulibayev, the President's son-in-law.
In July the KNB began an investigation under Section 318 against
independent journalist Sergey Duvanov for a May 6 article he had
published on an opposition website. The article compared President
Nazarbayev to Milosevic and Pinochet, among others. It also referred to
the Kazakhgate allegations that had appeared elsewhere. No charges
resulted from this investigation.
On September 18, Saghingali Kapizov, an oblast legislator and
newspaper editor, was acquitted on criminal charges under Section 318
by an Atyrau court. The charge stemmed from an article he wrote in 2001
that appeared in the newspaper Al Zhayik. Kapizov was arrested on July
29 in Pavlodar for leaving the jurisdiction where the investigation was
taking place and remained in custody until the conclusion of the trial.
In 2001 the Zhetisu District court of Almaty tried Yermurat Bapi,
editor in chief of SolDat newspaper and a member of the executive
committee of the RNPK, and journalist Karishal Asanov under Section 318
for two articles printed in SolDat in 2000, which addressed corruption
and the role of President Nazarbayev in the December 1986 student
uprisings in Almaty. Bapi was found guilty and sentenced to 1 year in
prison; however, the conviction fell under the purview of the general
amnesty and Bapi did not serve his sentence. Bapi was forced to pay
$275 (40,000 tenge) in court costs, and the press run of SolDat in
which the articles appeared was destroyed. The oblast court denied
Bapi's appeal. Asanov was acquitted of the charges.
According to government statistics, there were 841 privately owned
newspapers and 319 privately owned magazines, compared with 950 and
342, respectively, in 2001. The Government ran one of the two Russian-
language newspapers and the only Kazakh-language newspaper that
appeared most frequently (5 times a week). In addition, a number of
privately owned media were believed to be controlled by members of the
President's family. Many newspapers that nominally were independent,
particularly Kazakh-language print media, received government
subsidies. Each major city has at least one independent weekly
newspaper. Two new, nationally circulated weeklies, published by the
centrist opposition Ak Zhol political party, began operation during the
year.
The Government controlled nearly all broadcast transmission
facilities. There were 77 independent television and 30 radio stations.
There were only two government-owned, combined radio and television
companies; however, they represent five channels and were the only
stations that can broadcast nationwide. Regional governments own
several frequencies; however, independent broadcasters have arranged
with local governments to use the majority of these. There were several
electronic media organizations, including the Association of
Independent Electronic Media of Central Asia and the National
Association of Broadcasters.
The extent of government influence over mass media was not clearly
defined. Many media outlets considered to be independent were
controlled by holding companies which do not make public the names of
their controlling investors. Several NGOs alleged that most large media
outlets were controlled by members of the President's family and close
circle of friends through holding companies. However, according to
government statistics, there were 1,431 mass media and information
agencies in the country as of August 1, nearly 80 percent of which were
privately owned.
In 2001 journalist Andrey Sviridov published findings of a poll
conducted among journalists, media experts, and representatives of
human rights organizations on the media. The majority of those polled
stated that they felt the Kazakhstani media market was controlled by
Dariga Nazarbayeva (the President's daughter), Rakhat Aliyev (her
husband), Timur Kulibayev (another son-in-law of the President) and
other so-called oligarchs. There were no retaliatory actions reported
against Sviridov for his publication of the poll results.
The Government continued to be in a strong position to influence
most printing and distribution facilities and to subsidize periodicals,
including many that supposedly were independent. In addition, many
publishing houses were government owned.
In 2001 Yermurat Bapi, editor in chief of the independent newspaper
SolDat and member of the executive committee of the opposition RNPK
party, alleged that his newspaper was forced to cease publication for 8
months because all local publishing houses had refused to print it.
Owners, editors, distributors, and journalists were held
responsible for the content of information conveyed, regardless of its
source, promoting self-censorship at each level. At times fines for
libel were exorbitant and bankrupted small media outlets. Publishing
houses, which also were responsible legally for the information that
they publish, were reluctant to publish anything that might be
perceived as undesirable by influential officials. While these actions
were not government initiated, they effectively limited the media's
ability to publish strongly critical items. Both the Criminal and Civil
Codes contain articles establishing broad libel liability.
In January a libel lawsuit initiated by presidential son-in-law
Rakhat Aliyev against the NGO Internews began. Aliyev complained that
he had been libeled by an August 2001 story in the Internews web-based
bulletin repeating allegations that Aliyev and his wife, Dariga
Nazarbayeva, controlled several TV and radio networks in Kazakhstan. An
Almaty district court found Internews guilty of civil libel on May 24
and the Supreme Court upheld the verdict on July 30. Because libel laws
place the burden of proof on the defendant, Internews' case was
weakened because it could not produce documents proving Aliyev was an
owner. The verdict required Internews to publish as its own a
retraction prepared by Aliyev.
On April 30, Atyrau prosecutors filed a criminal case against
Zhumbai Dospanov, editor of Vecherniy Atyrau newspaper and RNPK party
oblast chief for Atyrau, for failure to pay a $13,300 (2 million tenge)
fine levied against him in 2001. In September the criminal charge was
dropped. The fine stemmed from a civil conviction for publishing
derogatory information about the oblast akim. Dospanov appealed the
civil verdict to the Supreme Court, which had not informed Dospanov by
the end of the year whether his case was accepted for appeal.
In 2001 the city court of Aktobe found journalist Oleg Adorov
guilty of libel and sentenced him to 180 hours of community service.
The criminal proceedings were instituted after Abay Yeschanov, a judge
in the Alga district court, filed a suit stating that he had been
insulted in an article Adorov wrote for Yevrika newspaper. The
newspaper was fined $2,000 (300,000 tenge).
Many observers maintained that the Government engaged in a
systematic campaign throughout the year to silence its most vocal
critics. Media outlets and journalists that reported on the Kazakhgate
allegations and on the opposition DVK movement were often mentioned as
targets of this campaign. The Government claimed the incidents commonly
cited as part of the campaign were the result of provocations by those
attempting to discredit the Government, or violations by media outlets
of the law. However, President Nazarbayev stated in August that it was
necessary to put an end to interference in the legitimate activity of
both the state and nonstate press and ordered an investigation to
determine whether instances of closure of some media had been done by
illegal methods. Senior government officials briefed the press in early
September on the status of the criminal investigations in many of these
cases, attempting to dispel the concerns that had arisen among
journalists.
On March 4, the broadcast license of independent Tan-TV was
suspended for 6 months for what its leadership claimed were trivial
infractions. President Nazarbayev publicly declared 3 days later that
the suspension should be reviewed; it was lifted on March 9. On March
29, one of Tan's antenna feeder cables was severed; several days later
a line of automatic gunfire knocked out the main line. On May 15, the
feeder cable was again damaged and rendered inoperable after several
nails were driven into it. The Government claimed these were acts of
hooliganism, although no one was arrested for the crimes. Repairing the
damage required the installation of new equipment, necessitating an
application with the Ministry of Transport to resume transmitting. This
approval was not forthcoming for several months. On September 4, Tan
was sold to the media company that operated Channel 31.
Several regional television stations that had rebroadcast Tan's
news stories were also closed, including Irbis and 6x6 in Pavlodar and
Era in Astana. In February Irbis had its license suspended for 3 months
for allegedly airing a pornographic movie that had been broadcast
previously on another channel without incident. In May the Ministry of
Transport and Communications revoked the broadcast licenses for Irbis,
6x6, and Era for violating their tender obligations. On June 18, Irbis
journalist Kanat Tusupbekov was sentenced to 2 years in prison for
assaulting three men in April; Tusupbekov claimed he had been the one
beaten. Journalists and cameramen for Tan and Irbis were harassed on
several occasions in the aftermath of the arrests of DVK leaders
Mukhtar Ablyazov and Galymzhan Zhakiyanov (see Section 1.e.).
Throughout February and March, Respublika newspaper could not find
printing presses in Almaty and Astana to publish it, after it had given
extensive coverage to January's DVK convention. It found regional
presses to publish individual editions. On April 12, an Almaty court
suspended the newspaper for 2 months for violations of the Media Law's
information disclosure requirement, since, among other alleged
violations, it was not publishing the addresses of the printing houses
it was using.
On August 20, three former police officers attacked and beat KTK-TV
journalist Artur Platonov in his car outside his home. Platonov hosted
a weekly program on political issues. He maintained that his reporting
on police abuses and human rights had caused the police to retaliate.
His attack sparked a series of denunciations, including from Dariga
Nazarbayeva, the President's daughter, on law enforcement's inability
to protect journalists. On November 26, an Almaty court convicted the
three former officers of the beating and sentenced each to 1-year
probation.
Some journalists alleged that the KNB or tax police threaten
publishing houses if they print opposition media; concern over criminal
or civil proceedings influenced publishing houses. The Al Zhayik
printing house in Atyrau that prints the newspaper of the same name, as
well as other newspapers in the oblast, was firebombed on May 3. Police
claimed to have arrested the perpetrators. Police seized copies of
Ekonomika, Finansy i Rynki from a private printing house in Almaty on
September 23, although they had no authority to do so.
On May 21, the Almaty offices of the opposition SolDat newspaper
were attacked, resulting in the theft of equipment and the
hospitalization of one of SolDat's employees. On June 7, Almaty police
announced that they had made an arrest in the case; Yermurat Bapi,
SolDat's editor, disputed the connection of the person arrested to the
crime. Bapi also held a press conference on September 16 to announce
that the day before, KNB, police, and prosecutors raided the printing
house preparing an edition of SolDat under the pretext of an anonymous
bomb threat to the facility.
Following Respublika's publication of articles cataloging
allegations of corruption against the President and his circle, the
newspaper and its editor, Irina Petrushova, were subjected to a intense
campaign of intimidation during which a decapitated dog with an
attached threat note was left at the newspaper and a dog's head with
another threat note was left at Petrushova's home. On May 23,
Respublika's Almaty offices were firebombed. In July authorities
announced that Muratbek Ketebayev, one of Respublika's cofounders, paid
two people to carry out the attack. On July 4, an Almaty court found
Irina Petrushova, Respublika's editor, guilty of licensing violations
and sentenced her to 1 \1/2\ years in prison; she was amnestied
immediately under the Amnesty Law. Throughout the year, the parent
company of Respublika, PR Consulting, appealed multiple court decisions
that would have liquidated it.
On May 27, an Aktobe court confirmed a March 15 Ministry of Culture
recommendation that local Radio Rifma's license be revoked for
violations of the Kazakh-language broadcast requirements. Radio Rifma's
owners also operated Aktobe's top-circulation newspaper, Diapazon,
several of whose reporters local human rights activists claim had been
harassed over the previous 2 years. Media rights activists cited
several other regional publications that were targets of similar
harassment.
The Media Law defines Kazakhstan-based websites as media outlets.
There were occasions during the year when the content of websites was
material in libel lawsuits and criminal charges. Clients of the two
largest Internet providers, Kaztelecom and Nursat, periodically were
blocked from direct access to several opposition websites, including
Evrasia, Navigator, and Kub, although access was still available
through anonymous proxy servers.
The Government generally did not restrict academic freedom;
however, as was the case for journalists, academics could not violate
certain restrictions, such as criticizing the President and his family.
In September at least one youth activist participating in a campaign
against the Government's proposed Law on Youth Policy was threatened
with expulsion from her university and the loss of her scholarship for
continuing with the campaign.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government and the law
impose significant restrictions on this right. The Law on National
Security defines as a threat to national security unsanctioned
gatherings, public meetings, marches, demonstrations, illegal
picketing, and strikes that upset social and political stability.
Under the law, organizations must apply to the local authorities
for a permit to hold a demonstration or public meeting at least 10 days
in advance, or the activity is considered illegal. In some cases, local
officials routinely issued necessary permits; however, opposition and
human rights monitors complained that complicated procedures and the
10-day notification period made it difficult for all groups to organize
public meetings and demonstrations. They also reported that local
authorities, especially those outside Almaty, turned down most
applications for demonstrations in central locations. During the year,
certain religious groups repeatedly were denied permits for conventions
or large public gatherings. Organizers of unsanctioned gatherings,
including religious gatherings, frequently were fined (see Section
2.c.).
There were at least two instances when the Government denied
permits for political rallies. On January 12, DVK leader Galymzhan
Zhakiyanov was denied permission to hold a protest rally in Pavlodar.
On April 21, pensioners in the northern city of Petropavlovsk were also
denied permission to protest; in that instance the mayor of the city
claimed that such a rally would threaten the inviolability of the
president's honor and dignity. DVK, the United Democratic Parties
(UDP), and the Ak Zhol political party received permits to hold rallies
in Almaty and other cities during the year.
On March 29, Zhakiyanov, fearing arrest, sought refuge in a foreign
government's embassy after the arrest 2 days earlier of fellow DVK
leader Mukhtar Ablyazov on corruption-related charges. Zhakiyanov spent
6 days in the building, attracting numerous protesters, both
progovernment and proopposition.
During the summer trials of Zhakiyanov and Ablyazov (see Section
1.e.), protest rallies were held in the cities in which the trials were
taking place, Pavlodar and Astana, respectively, as well as in Almaty.
At a July 19 rally, several people were detained on charges of illegal
assembly, including Irina Savostina, leader of the national Pokolenie
pensioners' movement. A reporter covering the event, Batyrkhan
Darymbet, was also among those detained, although he had shown the
arresting officers his press credentials. His lawsuit against Almaty
police was dismissed in August.
The Constitution provides for freedom of association; however, the
Government and the law imposed significant restrictions on this right.
Organizations that conducted public activities, held public meetings,
participated in conferences, or had bank accounts had to be registered
with the Government. Membership organizations, such as religious groups
and many others, must have 10 members and establish branches in more
than half of the oblasts (there were 14 oblasts; Almaty and Astana
cities were special administrative districts with the status of oblast,
making 16 such districts in all) for national registration.
Registration at the local level required a minimum of 10 members.
Political parties and labor unions were considered membership
organizations, but each had specific registration requirements
established by legislation. The new Political Parties Law (see Section
3), enacted in July, requires parties to have 50,000 members, including
700 in each oblast.
Nonmembership organizations, generally NGOs, must register at the
national level only. These organizations were no longer exempt from
taxes due to a change in the tax code during the year. A registration
fee of approximately $105 (16,460 tenge) was required for both
membership and nonmembership organizations; half that amount was
required for reregistration, which became necessary if the organization
changed its charter, its address, or its leadership. Most organizations
had to hire lawyers or other consultants to expedite their
registrations through the bureaucracy, which increased the registration
cost considerably. Some groups considered these costs to be a deterrent
to registration. According to government regulations, registration was
supposed to be granted within 15 days. Local NGOs reported that
registration often took 1 month to a year because the Government may
return applications for additional information or require
investigations into certain portions of the application. There were
numerous cases of the activities of religious groups being suspended
pending registration; the Administrative Code requires they be
registered, while the Religion Law does not. The registration of some
religious groups took much longer than 1 year (see Section 2.c.).
The new Political Parties Law requires that all parties registered
at the time of its enactment complete a reregistration process by
January 2003, according to the new criteria established by the law.
Many of the 19 parties registered at that time were not expected to
meet these new requirements. The new law prohibits political parties
established on an ethnic, gender, or religious basis; parties
established on a religious basis are specifically prohibited by the
Constitution. Two small Kazakh ethnic nationalist parties, Alash and
Kazakh Yely, as well as an ethnic Russian party that was granted
temporary registration in April, were among the 19 registered parties
during the year. The Russian party changed its name to the Compatriot
Party in July to comply with the new law and in December announced that
it had surpassed 50,000 members. The Democratic Party of Women
announced in October that it had changed its name to Yel Dana (Wisdom
of the Nation) and would meet the membership requirements of the new
law. Two propresidential parties, Otan and the People's Cooperative
Party, announced they had merged in late September, although a Ministry
of Justice official had stated in August that political parties would
not be allowed to merge to meet the new law's registration
requirements. Otan and the People's Cooperative Party both claimed
sufficient membership to qualify for reregistration before the merger.
Three opposition parties (RNPK, Azamat, and the People's Congress of
Kazakhstan) announced in September that they would merge and also that
they would boycott the new law. The centrist opposition Ak Zhol party,
first granted temporary registration status in March, announced in
September that it had surpassed 50,000 members. On December 12, Ak Zhol
was granted temporary (6-month) registration.
By year's end, three political parties (Otan, Civic, and Ak Zhol)
were officially reregistered.
Joining a political party required members to provide personal
information, including date and place of birth, address, and place of
employment. For many citizens, the requirement to submit such personal
data to the Government tended to inhibit them from joining political
parties. There were credible allegations that people entering
government service were required to join the propresidential Otan
party.
The Constitution bans public associations, including political
parties, whose goals or actions were directed at a violent change of
the Constitutional system, violation of the integrity of the republic,
undermining of the security of the state or fanning of social, racial,
national, religious, class, and tribal enmity. The major religious and
ethnic groups had independently functioning cultural centers.
Membership in trade unions or political parties and actions in
support of political parties are forbidden under the Constitution to
members of the armed forces, employees of national security and law
enforcement organizations, and judges.
The Constitution prohibits foreign political parties and foreign
trade unions from operating. In addition, the Constitution prohibits
the financing of political parties and trade unions by foreign legal
entities and citizens, foreign states, and international organizations
(see Section 6.a.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the various religious communities worshiped largely
without government interference; however, the Government's concerns
regarding regional security threats from alleged religious extremists
led it to encourage local officials to limit the practice of religion
by some nontraditional groups.
The Constitution defines the country as a secular state. The
Government invited the leaders of the two largest religions, Islam and
Russian Orthodoxy, to participate jointly in state events. The leaders
of the Catholic and Jewish religions, which were represented by small
proportions of the population, also participated in some official
events. While the Government unsuccessfully sought on several occasions
to amend the National Religion Law to give the Muslim Spiritual
Association (a national Muslim organization) a quasi-official role,
both the Government and the association denied that there was any
official connection between them. There were reports that the Mufti
sent Kazakh-speaking imams through the country to mosques that served
Uighur and Chechen-speaking communities that had no connection to the
Mufti's organization.
In contrast to laws governing other public associations, the
National Religion Law does not explicitly require religious
organizations to register with the Government. It states that all
persons are free to practice their religion alone or together with
others. Because the clause makes no reference to registration, legal
experts interpret it to ensure the right of members of unregistered
groups to practice their religion. However, it does specify that
religious organizations must register to receive legal status.
Religious organizations had to have legal status to buy or rent real
property, hire employees, or engage in other legal transactions.
The Government exempted registered religious organizations from
taxes on church collections and income from certain religious
activities. The Government donated buildings and provided other
assistance for the construction of new mosques, synagogues, and Russian
Orthodox churches.
Article 375 of the Administrative Code allows national and local
authorities to suspend the activities or fine the leaders of
unregistered religious organizations. Lower courts consistently cited
Article 375 in sanctioning religious organizations for nonregistration,
but such decisions often were overturned on appeal. In January
Parliament passed amendments to the National Religion Law that included
a registration requirement for religious organizations, a ban on
extremist religious associations, an increase in the number of members
required for registration, authorization for local officials to suspend
the activities of religious groups for criminal violations of one or
more of their members or for conducting religious activity outside the
place where they are registered, and a requirement that foreign
religious organizations be affiliated with a nationally registered
organization. In April the Constitutional Council discarded the entire
set of amendments after ruling that the provisions giving a quasi-
official role to the Muslim Spiritual Association were
unconstitutional. The Council also ruled that the amendments as a whole
restricted the constitutional right to express religious beliefs
freely.
In practice local officials generally insisted that religious
organizations register at the local level, despite the fact that
registration at the national or the oblast level legally was sufficient
to obtain the rights that registration offers. Although the law
specifies a maximum of 30 days for authorities to complete the
registration process, many religious groups reported delays of several
months.
Members of Jehovah's Witnesses attempted to register in Northern
Kazakhstan Oblast for more than 4 years. On November 2, a city court in
Petropavlovsk ruled in favor of Jehovah's Witnesses regarding
registration in Northern Kazakhstan; however, the local branch of the
Ministry of Justice did not implement the court order by year's end.
The 2001 application by members of Jehovah's Witnesses to register in
Atyrau Oblast remained pending at year's end.
Law enforcement authorities conducted inspections of religious
groups throughout the country, claiming they were preventing the
development of religious extremism and ensuring that religious groups
pay taxes. These inspections provided authorities with information
about the registration status of groups, which in some cases led to
authorities requiring the groups concerned to suspend their activities
pending registration.
Representatives of many religious organizations and religious
rights observers regarded Parliament's passage of restrictive
amendments to the National Religion Law in January (notwithstanding
their later rejection on constitutional grounds) as the pretext for
local officials to engage in a coordinated campaign of harassment
directed at smaller, local religious groups. The representatives
claimed that local officials began enforcing the new law upon its
passage.
Neither law nor regulation prohibits foreign missionary activity;
however, there was no mechanism governing such activity.
The national Jehovah's Witnesses Religious Center alleged
continuing incidents of harassment by a number of local governments. It
claimed that city officials in Astana, Almaty, Ust-Kamenogorsk,
Kostanay, Karaganda, Aktubinsk, and Shymkent sometimes blocked the
group from renting stadiums or other large public or private sites for
religious meetings. Jehovah's Witnesses were registered nationally, as
well as in 12 of the country's 14 oblasts. Local KNB officials
disrupted some meetings in private homes of unregistered groups of
Jehovah's Witnesses, Adventists, Baptists as well as other Protestants,
and other nontraditional groups throughout the country.
There were several court cases against unregistered local Jehovah's
Witnesses, including in the cities of Taraz, Atyrau, and Petropavlovsk
and in several smaller villages. Courts typically ruled that
unregistered groups were in violation of the Administrative Code and
issued warnings, levied fines of up to almost half of an average
monthly salary, or suspended the activities of the group. When adequate
legal counsel was brought in on appeal, the decisions usually were
overturned.
On January 23, according to a report by the Keston News Service,
Tursunbay Auelbekov, a Baptist in the southern town of Turkestan, was
arrested while distributing religious literature in a public area.
Prosecutors maintained that his activity was illegal because the
Baptists in Turkestan were not registered; however, they decided not to
press charges, citing Auelbekov's poor health.
In April regional authorities raided an unregistered farm run by
the Society for Krishna Consciousness in the village of Yeltay in
Almaty Oblast. Tax, immigration, fire, and health and hygiene officials
were involved in the inspection. Police confiscated the passports of 15
foreign members of the community, 5 of whom were sentenced to
deportation at a May local court hearing at which no charges were
stated and the lawyers for the accused were not permitted to speak. In
early June, the Hare Krishnas appealed the deportations, and the court
also levied fines against three other members. Leaders of the Krishna
Center, registered in Almaty City, alleged that the authorities arrived
for the April inspection with television camera crews and then ordered
the stations to report on the raid. In one television report, the
Krishnas were described as extremists and criminals. On May 18, the
Krishnas' application for registration in Almaty Oblast was approved
after an 8-month delay. No members of the group were deported.
In June a Semipalatinsk court found the actions of the prosecutor
in his pursuit of the local Jehovah's Witnesses congregation to be
illegal. In a 2001 case in Taraz, the prosecutor's office withdrew its
protest over the court's ruling in favor of the local Jehovah's
Witnesses congregation.
In 2001 a court in the town of Ayaguz (Eastern Kazakhstan Oblast)
convicted Pavel Leonov, a Baptist pastor, for failing to uphold a 2000
court order requiring his church to register. He was assessed a fine of
approximately $135 (20,575 tenge). By the end of the year, Leonov had
not paid the fine and authorities had made no attempt to recover it.
According to an unconfirmed press report, Kulsary prosecutor
Hagibula Kasymov threatened to jail Kurmangazy Abdumuratov and Askhat
Alimkhanov, leaders of the Iman Kazakhstani Baptist Church, if their
church continued to meet without registering. Religious freedom
activists were not aware of the two subsequently being jailed. In 2001
prosecutors required them to stop meeting. Prosecutors also sought to
suspend the activities of Baptist churches associated with the Council
in Taraz, Serebriansk, and Kazalinsk.
Other than the brief detentions of a Baptist adherent in Turkestan
and Hizb ut-Tahrir members in Kentau (Southern Kazakhstan Oblast),
there were no reports of religious prisoners or detainees.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides the right to
those who were legally present in the country to move freely in its
territory and freely choose a place of residence except in cases
stipulated by law; however, in practice citizens were required to
register to prove legal residence and obtain city services.
Registration in most of the country generally was routine, but it was
difficult to register in Almaty and Astana due to their relative
affluence and local officials' fears of overcrowding. Persons who were
suspects in criminal investigations were often required to sign
statements that they would not leave their place of residence. Many
individuals were detained for identity checks without suspicion of a
criminal offense (see Section 1.d.).
In July 2001, the Government formally abolished the exit visa
requirement for temporary travel of citizens. Although exit visas no
longer were required, there remained certain instances in which exit
from the country could be denied, including if there were pending
criminal or civil legal proceedings, unserved prison sentences, evasion
of duty as determined by a court of law, presentation of false
documentation during the exit process, and travel by active-duty
military. The Law on National Security requires that persons who had
access to state secrets obtain permission from their employing
government agency for temporary exit from the country.
The Constitution provides for the right to emigrate and the right
to repatriate, and the Government generally respected these rights in
practice; however, the Law on National Security prohibits persons who
had access to state secrets from taking up permanent residence abroad
for 5 years after leaving government service. A permanent exit visa
still was required for emigrants. A permanent exit visa for intending
emigrants required criminal checks, documents from every creditor
stating that the applicant had no outstanding debts, and letters from
any close relatives with a claim to support giving their concurrence to
the exit visa. There was one reported instance of an individual being
denied an emigrant exit visa for failing to document the continued
support of dependents. Citizens have the right to change citizenship,
but were not permitted to hold dual citizenship.
Foreigners were required to have exit visas, although they received
them routinely as part of their entry visa. Foreigners who overstayed
their original visas, or who did not receive exit visas as part of
their original visas, were required to get exit visas from the
immigration authorities before leaving. Foreign visitors were required
to register, depending on their circumstances, either with the
immigration officials who admit them at the airport or with the local
migration police (often referred to as OVIR, after the office that
formerly had this function). Foreigners no longer were required to
register in every city they visit; one registration was sufficient for
travel throughout the country. Immigration authorities occasionally
fined foreigners without proof of registration before allowing them to
leave the country.
Foreigners were required to obtain prior permission to travel to
some border areas with China and cities in close proximity to military
installations. In 2001 the Government declared the following areas
closed to foreigners due to their proximity to military bases and the
space launch center: Gvardeyskiy village, Rossavel village, and
Kulzhabashy railway station in Zhambyl Oblast; Bokeyorda and Zhangaly
districts in Western Kazakhstan Oblast; the town of Priozersk and
Gulshad village in Karaganda Oblast; and Baykonur, Karmakshy, and
Kazakly districts in Kyzl Orda Oblast.
The Government accorded special treatment to ethnic Kazakhs and
their families who fled during Stalin's era and wished to return.
Kazakhs in this category were entitled in principle to citizenship and
many other privileges. Other persons, including ethnic Kazakhs who were
not considered refugees from the Stalin era, such as the descendants of
Kazakhs who moved to Mongolia during the 19th century, had to apply for
permission to return. It was government policy to encourage and assist
all ethnic Kazakhs living outside the country to return. Since
independence approximately 215,000 ethnic Kazakhs, mostly from other
former Soviet republics, Iran, Afghanistan, Mongolia, Turkey, China,
and Saudi Arabia have immigrated. In 2001 the Government introduced a
quota for returning Kazakh migrants that allowed 600 families to return
annually. The Government helped provide these families with housing,
stipends, and other benefits. The number of Kazakh migrants in 2001 far
exceeded the 600-family quota. As a result, the quota for the year was
increased to 2,665 families. The number of immigrants during the year
again far exceeded the quota. The Government struggled to find
resources for integration programs for those who arrived outside the
quota, many of whom lived in squalid settings. International
organizations and local NGOs assisted in these efforts, and the
Government supported them. In October the Government announced that the
quota for 2003 would be 5,000 families.
Ethnic Kazakh migrants were automatically eligible for citizenship;
however, the prohibition on dual citizenship prevented many of them
from receiving it immediately. Amendments to the Citizenship Law,
passed in May, streamlined the acquisition of citizenship. Complicated
procedures to renounce the citizenship of one's former country no
longer delayed the process; the migration police simply turned in a new
citizen's passport to the embassy of their former country at the
conclusion of the citizenship process, which took 6 months on average.
The Government made significant progress in granting citizenship before
the implementation of the new procedure.
In 1999 the Government ratified the 1951 U.N. Convention Relating
to the Status of Refugees and its 1967 Protocol; however, the
Government had not passed implementing legislation by year's end. The
absence of implementing legislation left unclear many aspects of the
status of refugees, such as whether they had a right to work. Following
the passage of a 1997 Migration Law and the creation of the Agency for
Migration and Demography, the Government began in 1998 to register
asylum seekers and to determine their status in consultation with the
U.N. High Commissioner for Refugees (UNHCR). The Government generally
cooperated with the UNHCR and other humanitarian organizations in
assisting refugees. The Government allowed the UNHCR access to detained
foreigners and in practice was generally tolerant in its treatment of
local refugee populations. Migrants from former Soviet republics were
not considered to be refugees because they could travel and settle
freely within the Confederation of Independent States (CIS). The
Government often did not allow refugees without passports to register
and in practice restricted registration almost exclusively to refugees
from Afghanistan. All non-CIS citizens were considered to be intending
immigrants. The Government generally respected the right of other CIS
citizens to settle in the country; however, in practice it frequently
did not extend this right to laborers from other Central Asian
republics.
The Agency for Migration integrated the UNHCR and a local NGO,
Kazakhstan Refugee Legal Support, into the process of reviewing refugee
claims. The Government provided first asylum for certain categories of
refugees, including certain categories of Afghan refugees. Only the
President could grant political asylum, and he did not do so during the
year. Nonpolitical asylum claims could theoretically be processed
anywhere in the country, after the Agency for Migration established a
national refugee determination committee in Astana during the year;
however, in practice, claims continued to be processed only in Almaty.
By October the Government had registered more than 1,300 asylum seekers
and accorded refugee status to almost three-fourths of them. The UNHCR
estimated that, at year's end, there were approximately 20,000 refugees
in the country (approximately 12,000 Chechens from Russia, 4,000
persons from Tajikistan, 2,500 from Afghanistan, and 1,300
Palestinians, with the remainder including Uighurs and other
nationalities).
Beginning with the renewal of conflict in Chechnya in 1999, a large
population of Chechens fleeing the fighting came to the country; most
remained during the year. Many Chechens had also entered the country
during the earlier Chechen conflict and returned to Chechnya at its
conclusion. Consistent with the Minsk Convention on Migration within
the CIS, the Government did not recognize Chechens as refugees;
however, the Government, in cooperation with the UNHCR and Chechen
organizations, did grant temporary legal resident status to Chechens
until they could return home to safe conditions. This arrangement
functioned effectively, despite reports that some Chechens had to pay
bribes to receive registration, until late October. After Chechen
terrorist groups held civilians hostage in a Moscow theater in October,
the Government stopped its nationwide policy of issuing temporary
residence permits to Chechens. At least 100 were deported to Russia in
December.
Kazakhstan and China agreed in 1999 not to tolerate the presence of
ethnic separatists from one country on the territory of the other.
Human rights monitors were concerned with the impact of this agreement
on Uighurs from China in Kazakhstan. The Government did not consider
any asylum claims by Uighurs; it was unclear whether any Uighurs
applied. In general the Government was tolerant toward the Chinese
Uighur population.
The deportation of approximately 100 Chechens to Russia in December
constituted the only report of the forced return of persons to a
country where they feared persecution. In a different case, the
Government complied with its international refugee obligations by
refusing to deport a prominent dissident of another former Soviet
republic and allowing the UNHCR access to him. The UNHCR declared him a
refugee, and arranged for his transportation to a third country. There
were few reports of extrajudicial deportations during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides for a democratic government with
universal suffrage for those over 18 years of age; however, in practice
the Government severely limited the right of citizens to change their
government.
The Constitution concentrates power in the presidency, granting the
President considerable control over the legislature, judiciary, and
local government. The President appoints and dismisses the Prime
Minister and the Cabinet. His appointment of the Prime Minister, but
not of cabinet members, is subject to parliamentary consent.
Presidential appointments of the Prosecutor General and the KNB Chief
require the consent of the Senate. The President has the power to
dismiss Parliament and to appoint judges and senior court officials.
The President also nominates for approval by the Mazhilis the chairman
and members of the Central Election Commission (CEC), who oversee
presidential and parliamentary elections. The Mazhilis has never failed
to confirm a presidential nomination. Modifying or amending the
Constitution requires the President's consent.
President Nazarbayev was elected to a 7-year term in a 1999
election that was held nearly 2 years earlier than scheduled and fell
far short of international standards.
In 1998 the President and the Parliament passed, without prior
public notice, a series of constitutional amendments enabling them to
call early presidential elections. Among other changes, the amendments
extended the presidential term of office from 5 to 7 years and removed
the 65-year age limit on government service. (The President will be 65
years of age before the end of his 7-year term.) government opponents
and international observers criticized the short-notice elections
because they did not leave time for the Government to implement
promised electoral reforms or for candidates to organize effective
campaigns.
The Government imposed onerous requirements on candidates for the
1999 presidential ballot, including requiring them to submit petitions
with 170,000 signatures, pass a Kazakh-language test, and make a
nonrefundable payment of approximately $30,000 (2.4 million tenge).
Less than a week after the presidential election was called, the
Government disqualified a number of potential contenders on the basis
of a provision of the presidential decree on elections that prohibited
persons convicted of administrative offenses from running for public
office within a year of their conviction. Five opposition leaders,
including former Prime Minister Kazhegeldin, were summoned and tried
for participating in a nonregistered organization. A sixth was
disqualified for a previous conviction. The Supreme Court upheld the
disqualifications.
The OSCE Office for Democratic Institutions and Human Rights
(ODIHR) sent a small election assessment team to report on the
election. The team concluded that the presidential election fell far
short of the country's commitments as an OSCE participating state,
citing in particular the exclusion of candidates, the short duration of
the election campaign, obstacles to free assembly and association, the
use of government resources to support President Nazarbayev's campaign,
unequal access to the media, and the flawed presidential decree that
served as the election law.
Although in many ways an improvement over the presidential
election, the 1999 elections for the Mazhilis were marred by election
law deficiencies, executive branch interference, and a lack of
transparent vote counts. There was convincing evidence of government
manipulation of results in some cases. The OSCE mission observing the
elections concluded that they were a tentative step toward democracy
but fell short of OSCE commitments.
On December 28, by-elections were held for three vacant seats in
the Mazhilis from single-mandate districts in Karaganda, Atyrau, and
Pavlodar Oblasts. The election was announced on October 21 by the CEC,
and candidates were given until November 29 to register. In Karaganda
the two leading candidates--Nikolay Usatov from the propresidential
Otan party and Bulat Abilov from the moderate opposition Ak Zhol
party--were disqualified from the ballot 3 days before the election.
Abilov appealed the CEC decision to the district court, which
reinstated him; the oblast court upheld the CEC disqualification hours
before the polls opened. In Pavlodar one candidate, Valeriy Maksimonko,
was also a member of the district election commission, which under the
election law should have disqualified him as a candidate. The CEC
released preliminary results on December 29 that showed government-
favored candidates winning all three seats. In two races, independent
exit polling showed that the margin of victory was inflated for the
winning candidate. In Pavlodar exit polls showed Karlygash
Zhakiyanova--the wife of imprisoned former oblast akim Galymzhan
Zhakiyanov--receiving more than half the votes, although Maksimonko was
declared the winner (see Section 1.e.). Independent election monitors
recorded violations of the electoral law, including intimidation of
election monitors, relocation of polling stations with little or no
notice to voters, and manipulation of voter lists. The CEC had not
certified the election results by year's end.
The Election Law requires candidates for both houses to meet
minimum age and education requirements and to pay a registration fee.
The law requires Senate (but not Mazhilis) candidates to obtain
signatures from 10 percent of the members of the local assemblies in
their oblasts in order to be placed on the ballot. Political parties
wishing to compete for the 10 proportionally allocated seats in the
Mazhilis must be registered by the CEC and regional electoral
commissions in two-thirds of the principal administrative jurisdictions
(the 14 oblasts, plus the former and new capital cities, Almaty and
Astana).
The introduction of 10 proportionally allocated Mazhilis seats for
the 1999 parliamentary elections enhanced the role of political
parties, which, with the exception of the Communist Party, were
previously very weak. The Communist Party and three propresidential
parties--Otan (Fatherland), the Civic Party, and the Agrarian Party--
shared the 10 new party-list seats in the 1999 parliamentary election.
Parliament exercised little oversight over the executive branch,
although it has the constitutional authority to remove government
ministers and to hold a no-confidence vote in the Government. During
the year, the legislature exercised its authority over proposed
legislation by forwarding bills for consideration to the Constitutional
Council. Although Parliament must approve the state budget, the
Constitution precludes Parliament from increasing state spending or
decreasing state revenues without executive branch approval. Nearly all
laws passed by Parliament originate in the executive branch. The
executive branch controls the budget for Parliament's operations; it
has not provided funds for Members of Parliament to hire staff, a
situation generally viewed as decreasing Parliament's effectiveness.
The executive branch also blocked legislation on establishing
Parliamentary staff, which Parliament passed in 2001; the law was found
unconstitutional because Parliament may not make additions to the state
budget.
If Parliament failed to consider within 30 days a bill designated
urgent by the President, the President could issue the bill by decree.
Although the President has never resorted to this authority, it gave
him additional leverage with Parliament. While the President had broad
powers to dissolve Parliament, Parliament can remove the President only
for disability or high treason, and only with the consent of the
Constitutional Council appointed by the President (see Section 1.e.).
Many activities of Parliament remained outside public view. During
the year, the Parliament continued to become more open by publishing
some draft laws; in 2001, Parliament published its voting record for
the first time.
According to the Constitution, the President selects oblast akims
based on the recommendation of the Prime Minister; they serve at the
discretion of the President, who may annul their decisions. The oblast
akims then appoint the county-level equivalent and city leaders below
them. The Constitution permits direct election of such officials and in
2001 experimental local district akim (county-level equivalent leader)
elections were held, representing the first tentative movement away
from appointment of local district akims. In each of the 14 oblasts,
elections were held to fill 2 positions. The local akims were elected
by secret ballot by a group of electors chosen by local residents
through a public show-of-hands vote. The OSCE noted that the procedure
violated international standards requiring a secret ballot and did not
provide transparency while counting and registering election results.
During the year, President Nazarbayev appeared to move away from the
idea of continuing experimental local elections. He stated in an August
speech that there should be no haste in the matter of changing to local
self-government. In the same speech, he asserted there was
international trend toward managers instead of elected officials at the
local level and claimed that such direct elections would divide the
country into fiefdoms, threatening stability. On several other
occasions, he stated that the people were not ready for such direct
democracy.
The Government restricted the functioning of the political
opposition. One opposition group, the DVK movement, was founded in 2001
by 11 senior government leaders, members of parliament, and prominent
businessmen. Four of the senior government officials were fired several
days after the founding at the request of the Prime Minister, and in
December 2001 parliamentary deputy Bulat Abilov was expelled from his
party slate seat in Parliament. On January 8, the DVK successfully
registered with the Ministry of Justice as a public association.
DVK held a notable meeting of 900 sympathizers on January 19 and a
public rally the following day with close to 2,000 persons in
attendance. Both events received extensive coverage from several
independent media outlets. DVK leaders advocated more progress toward
democracy including direct election of oblast akims, media freedom, and
poverty reduction. They also spoke out against past electoral fraud and
government corruption.
By April two of DVK's leaders had been arrested and most of the
independent media that had given the party favorable coverage had
experienced government efforts to silence them (see Sections 1.e. and
2.a.). A political party, Ak Zhol, split off from DVK in March; it was
granted temporary registration under the restrictive new Law on
Political Parties in December (see Section 2.b.). DVK added under its
umbrella a broad collection of traditional opposition parties during
the year.
Several expected participants in foreign-sponsored political party
training sessions from DVK in June and RNPK in July were prevented from
attending. Some had their travel delayed, while others were charged
with crimes and forbidden to travel right before the events.
At the end of the year, three women held ministerial portfolios.
There were no female oblast akims (governors). Of 39 Senate members, 4
were female; of 77 Mazhilis members, 8 were female. There were no legal
restrictions on the participation of women and minorities in politics;
however, the persistence of traditional attitudes meant that few women
held high office or played active parts in political life.
Although minority ethnic groups were represented in the Government,
ethnic Kazakhs held the majority of leadership positions. Nearly half
the population were non-Kazakhs according to the national census
completed in 1999. Non-Kazakhs held 1 of 4 deputy prime minister
positions and headed 2 of 15 government ministries and the national
bank. Non-Kazakhs were underrepresented in the Mazhilis and the Senate.
In Parliament 8 senators and 19 members of the Mazhilis were non-
Kazakhs.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, some human
rights observers reported that the Government monitored their movements
and telephone calls (see Section 1.f.). In addition, in September at
least one NGO participant in a campaign against a draft Law on Youth
Policy was told by university authorities to cease the activity (see
Section 2.a.).
The Kazakhstan International Bureau for Human Rights and Rule of
Law and the Almaty Helsinki Commission were the most active of a small
number of local nongovernmental human rights organizations. They
cooperated with each other on human rights and legal reform issues.
Although these groups operated largely without government interference,
limited financial means hampered their ability to monitor and report
human rights violations. Some human rights observers periodically
received threatening or harassing telephone calls; however, the source
of these calls was unknown.
In general the Government showed greater willingness to focus on
abuses highlighted by human rights monitors and individual citizens in
the criminal justice system and to investigate allegations of
corruption. The Government tended to deny or ignore charges of specific
human rights abuses that were levied by both international and domestic
human rights monitors and by individual citizens, although it often
acknowledged that human rights abuses existed in general.
The Civil Code requires NGOs to register with the Government, and
most NGOs were registered (see Section 2.b.); however, some continued
to operate without legal standing.
The Government permitted international and foreign NGOs and
multilateral institutions dealing with human rights to visit the
country and meet with local human rights groups as well as government
officials. The International Labor Organization (ILO), the
International Federation of Red Cross and Red Crescent Societies
(IFRC), the UNHCR, the IOM, and the OSCE, have permanent offices in the
country. During the year, the country joined the IOM as a full member;
it previously had only observer status.
The Presidential Commission on Human Rights was a consultative and
advisory body that prepared annual reports to the President; none has
been released to the public since 1998. The Commission provided free
legal and consultative assistance to citizens. In addition, the
Commission monitored fulfillment of international human rights
conventions and proposed legislative improvements. The Commission
received complaints from citizens in person, by telephone or in
writing. In 2001 the Commission received 629 written complaints; for
the first 6 months of the year, it received 318. According to the
Commission, the majority of complaints were economic or social in
nature, such as nonpayment of benefits or salaries, and housing
conditions. The Commission also received complaints relating to
conditions of military service, education, abuses by investigative
authorities, and nonenactment of court decisions.
The Commission reported that it had received no complaints of
abuses of political rights, language or racial discrimination, or
violations of freedom of speech during the year, or in any previous
year. NGOs believed that the Commission, due to its status as a
government body, was influenced by the Government and downplayed cases.
In late September, a series of presidential decrees created the
position of Human Rights Ombudsman, appointed the former head of the
Presidential Commission on Human Rights to the newly created position,
and established the regulations and authority of the position. However,
under the decrees, the new Ombudsman was not authorized to investigate
any complaint dealing with the President, the Parliament, the
Government, the Constitutional Council, the Prosecutor General, the
Central Election Commission, or the courts. Police abuse and violations
of rights in detention facilities and prisons were under the
Ombudsman's purview.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution states that everyone is equal before law and court
and that no one may be subjected to any discrimination for reasons of
origin, social position, occupation, property status, sex, race,
nationality, language, convictions, place of residence, or any other
circumstances; however, the Government did not enforce this provision
effectively on a consistent basis. The Government favored ethnic
Kazakhs in government employment and, according to many citizens, in
the process of privatizing state enterprises.
Women.--Violence against women, including domestic violence, was a
problem. In June a MVD survey said that 52 percent of women had
reported some form of domestic abuse, with the highest incidence in
rural areas. The MVD further stated that only 30 percent of domestic
violence cases were prosecuted. A September press report indicated that
on average 160 women died annually as a result of domestic violence. In
February the head of the National Commission on Women reported that
28,000 crimes were committed against women in 2001 and that the
majority of victims of violent crime were women. NGO activists and
prison officials stated that domestic violence was a significant factor
in the majority of cases of women serving sentences for murder.
There was no specific law on domestic violence; however, it could
be addressed under assault and battery provisions of the Criminal Code.
The maximum sentence for wife beating was 10 years in prison, the same
as for any beating. The punishment for rape ranged from 3 to 15 years
imprisonment. There was no information on the percentage of crimes
against women that were prosecuted successfully. Police often were
reluctant to intervene in domestic disputes, considering them to be the
family's business, unless they believed that the abuse was life
threatening. Under the Criminal Procedure Code, prosecutors could not
initiate a rape case, absent aggravating circumstances such as gang
rape, unless the victim filed a complaint. There were unconfirmed
reports that prosecutors sometimes interpreted this provision to
require rape victims to pay for forensic testing, pay the expenses of
prosecution, and prosecute rape cases personally. Police also could not
detain a suspect legally for more than 72 hours unless the victim
provided a written complaint, which women often refused to do.
One Almaty crisis center (there were three, two of which operated
shelters) reported that it received 100-150 calls from women per month
for domestic violence, and that a very small percentage followed
through with charges. Another Almaty crisis center reported 1,800 calls
from women in the first 10 months of the year, 9 of which were to
report a rape. When victims did decide to press charges for domestic
violence or rape, police often tried to persuade them not to pursue it.
In one such incident, a police officer was disciplined. There were
domestic violence units within the Almaty and Astana police
departments, which cooperated with the crisis centers. When domestic
violence cases did come to trial, the charge was most often for light
beating, the penalties for which include fines of up to $535 (82,300
tenge) or 3 months' imprisonment. In approximately 30 cases during the
year, the conviction of a husband resulted in a divorce. The National
Statistics Agency reported 948 rapes and 138 attempted rapes in 2001.
There was very little reporting on rape in the press.
Prostitution is not prohibited by law; however, forced prostitution
or prostitution connected to organized crime is illegal. Prostitution
was a serious problem.
Trafficking in women was a serious problem (see Section 6.f.).
The Criminal Code and the Labor Code prohibit only some forms of
sexual harassment, and legal and gender-issue experts regarded the
legislation as inadequate to address the problem. There were reports of
such harassment, but none of those reports constituted situations where
victims were protected under the law. Prosecutors, law enforcement
agencies, and victims were generally not aware of the problem, and
there were no reports of any cases being prosecuted.
There was no legal discrimination against women, but traditional
cultural practices limited their role in society and in owning and
managing businesses or property. The President and other members of the
Government spoke in favor of women's rights, and the official state
policy held that constitutional prohibitions on sex discrimination must
be supported by effective government measures; however, women were
underrepresented severely in senior positions in state enterprises and
overrepresented in low-paying and some menial jobs. The head of the
National Commission on Women noted that women's salaries were, on
average, 62 percent that of men's. Women had unrestricted access to
higher education.
There were approximately 150 women's rights organizations
registered in the country, 15 of which were active in Almaty. These
included the Feminist League, Women of the East, the Almaty Women's
Information Center, and the Businesswomen's Association.
Children.--The Government was committed to children's rights and a
new Children's Rights Law was enacted in August; however, budget
limitations and other priorities severely limited the Government's
effectiveness in dealing with children's issues. The new law codified
many rights already contained in the Constitution and provided little
in the way of funding or specific programs. Education was mandatory
through age 16, although students could begin technical training after
the 9th grade. Primary and secondary education was both free and
universal. The law provided for equal access to education by both boys
and girls.
There was no societal pattern of abuse against children. Rural
children normally worked during harvests (see Section 6.d.).
Trafficking in girls was a problem (see Section 6.f.).
There was one local NGO that worked with juveniles released from
prisons.
Persons with Disabilities.--Citizens with disabilities were
entitled by law to government assistance, and there was no legal
discrimination against persons with disabilities; however, in practice
employers did not give them equal consideration. Assisting persons with
disabilities was a low priority for the Government. Laws mandate the
provision of accessibility to public buildings and commercial
establishments for persons with disabilities; however, the Government
did not enforce them. There have been some improvements to facilitate
access in Almaty and Astana, such as wheelchair ramps.
Mentally ill and mentally retarded citizens could be committed to
state-run institutions, which were poorly managed and inadequately
funded. The NGO Kazakhstan International Bureau for Human Rights
observed that the Government provided almost no care for the mentally
ill and mentally retarded due to a lack of funds.
National/Racial/Ethnic Minorities.--According to the Government,
the population consisted of approximately 53 percent Kazakhs and 30
percent ethnic Slavs (Russians, Ukrainians, Belarusians, and others),
with many other ethnic groups, including Uzbeks and Germans
represented. The Government continued to discriminate in favor of
ethnic Kazakhs in senior government employment, where ethnic Kazakhs
predominated. President Nazarbayev has emphasized publicly that all
nationalities were welcome to participate; nonetheless, many non-
Kazakhs remained concerned about what they perceived as expanding
preferences for ethnic Kazakhs (see Section 3).
Most of the population spoke Russian and approximately half of all
ethnic Kazakhs spoke Kazakh fluently. According to the Constitution,
the Kazakh language is the official state language. The Constitution
states that Russian may be used officially on an equal basis with
Kazakh in organizations and bodies of local self-administration. The
Government continued to move toward using Kazakh for official business.
Two oblasts adopted Kazakh as the official working language during the
year. Kazakh became or was the lingua franca in local law enforcement
offices in Kyzl Orda, Southern Kazakhstan, Zhambyl, Atyrau, and Aktobe
Oblasts. The MVD said that more than 20,000 of its employees were being
trained in Kazakh during the year. Some ethnic Russians believed that
Russian should be designated as a second state language. The Government
encouraged more education of children in the Kazakh language but did
little to provide Kazakh-language education for adults. The Language
Law was intended to strengthen the use of Kazakh without infringing on
the rights of citizens to use other languages; however, it has not been
funded sufficiently to make Kazakh-language education universal.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the Labor Code
provide for basic worker rights, including the right to organize;
however, the Government at times infringed on these rights. The largest
trade union association, the Federation of Trade Unions, contained the
vestiges of formerly state-sponsored trade unions established during
the Soviet period. It claimed a membership of 2.3 million workers. The
Confederation of Free Trade Unions (CFTUK), formerly the Independent
Trade Union center of Kazakhstan, claimed a membership of approximately
320,000 persons. Observers estimated the actual number of members in
both associations to be lower and agreed that the Government exercised
considerable influence over both.
To obtain legal status, a trade union had to apply for registration
with the judicial authority at the oblast level and with the Ministry
of Justice. The registration procedure followed largely that of other
membership organizations (see Section 2.b.); branches of unions were
each required to register. During the year, 20 new trade unions were
registered, including the Trade Unions of Aviation Employees, the Trade
Unions of Central Kazakhstani Small Businesses, and the Trade Unions of
Astana. The two major trade union associations, the Federation of Trade
Unions and the Confederation of Free Trade Unions, were registered.
During the year, seven unions split from the Federation and established
the Kazakhstani Trade Union Center. The Ministry of Justice did not
deny registration to any union during the year. Courts could cancel a
union's registration; however, there were no such cases during the
year.
The Constitution prohibits the operation of foreign trade unions
and prohibits the financing of trade unions by foreign legal entities
and citizens, foreign states, and international organizations. The
CFTUK received financing from foreign sources because it was registered
as a public association and not a labor union. The law did not forbid
other nonmonetary types of assistance such as training; participation
in training programs increased in recent years.
Under the Constitution, workers are protected against antiunion
discrimination. The Law on Trade Unions reiterates this right and makes
no distinction between different kinds of labor unions. However, in
practice there were violations of this right. Members of some trade
unions have been dismissed, transferred to lower paying or lower status
jobs, threatened, and intimidated. The two major trade union
associations were competitive with one another and sometimes alleged
that members of the other association were given precedence for
layoffs.
By law unions freely may join federations or confederations and
affiliate with international bodies. The CFTUK joined the Worldwide
Labor Union Organization during the year. Unions belonging to the CFTUK
were not members of international federations but were able to maintain
contacts with foreign trade union federations.
On April 16, the Federation of Trade Unions filed a complaint
against the Government with the ILO Committee on Free Association
alleging various violations involving freedom of association in
connection with efforts to organize workers at the Tengizchevroil
company. In November the Committee requested that the Government take
actions that would allow workers at the company to organize in
accordance with international rules.
b. The Right to Organize and Bargain Collectively.--The law permits
collective bargaining and collective agreements; however, collective
bargaining was not widely understood and only occasionally practiced
during the year. Unions may have a minimum of 10 members; however,
registration requirements created obstacles to organization. If a
union's demands were not acceptable to management, it could present
those demands to a tripartite commission, composed of the Government,
employer associations, and labor union representatives. The tripartite
commission was instituted under the Law on Social Partnerships of 2000
and was to develop and sign a general agreement each year governing
approximately 80 aspects of labor relations. The Labor Law provides for
an individual contract between employers and each employee. Collective
bargaining agreements were allowed as long as they did not reduce
protections afforded to workers in individual contracts or under law;
previously the terms of contracts were set only by law and collective
bargaining agreements.
The Law on Collective Bargaining and Strikes gives workers the
right to join or form unions of their choosing. It also establishes
that workers may request in writing to have their union dues paid by
direct payroll deductions of 1 percent. Amendments to the Labor Law
that went into force in 2000 stipulate that the consent of an
employee's union was no longer required to fire a worker (the old Law
on Trade Unions had required a union's consent to fire a worker).
Employers increasingly used the new Labor Law to fire workers without a
union's consent; however, the general agreement contained a provision
limiting the proportion of a company's workforce that could be
dismissed at once to 9 percent. The Labor Law requires advance notice
of dismissal. An employee still could choose to be represented by a
union in a labor dispute; however, the employee had the option of
choosing other representation as well.
The Constitution provides for the right to strike; however, there
was a list of enterprises where strikes were not permitted. Unions and
individual workers exercised the right during the year, primarily to
protest the nonpayment of wages and unsafe working conditions and to
recover back wages. According to the law, workers may exercise the
right to strike only if a labor dispute has not been resolved through
existing compulsory arbitration procedures. In addition, the law
requires that employers be notified that a strike is to occur no less
than 15 days before it commences. According to the Ministry of Labor,
the incidence of labor disputes declined significantly in recent years.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution and law
prohibit forced and bonded labor, except at the sentence of the court
or in the conditions of a state of emergency or martial law, but there
were reports that such practices occurred (see Section 6.f.).
The Constitution prohibits forced or bonded labor by children;
however, child labor was routinely used in agricultural areas (see
Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment was 14 years, but only for
part-time work (5 hours a day) that was not physically onerous.
Children from the ages of 16 to 18 could work full-time provided that
they were not required to do any heavy work. The Government has
acknowledged that children in this age group worked in construction and
other heavy industries but reported that duties for children were
limited to washing windows, general cleaning, laying tile, and similar
nonstrenuous activities.
A child between the ages of 14 and 16 could work only with the
permission of his or her parents. The law stipulates harsh punishment
for employers who exploit children under the age of 16. The Ministry of
Labor was responsible for enforcement of child labor laws and for
administrative offenses punishable by fines; the MVD was responsible
for criminal offenses. Child labor was used routinely in agricultural
areas, especially during harvest season; but abuse of child labor
generally was not a problem.
On December 13, the Parliament ratified ILO Convention 182 on the
Elimination of the Worst Forms of Child Labor.
e. Acceptable Conditions of Work.--The Government has set the
monthly minimum wage at $27 (4,181 tenge), an increase from the
approximately $24 (3,484 tenge) minimum wage of 2001. The minimum
monthly pension rose to approximately $28 (4,336 tenge) a month during
the year, although the average pension was almost $10 a month higher
(5,780 tenge). The minimum wage did not provide a decent standard of
living for a worker and family. The minimum wage also was below the
minimum subsistence amount $30 (4,663 tenge) a month for one person as
reported for September by the National Statistics Agency. However, the
average monthly wage was $131 (20,112 tenge) compared with an average
monthly wage in 2001 of $117 (17,288 tenge). Monthly average wages grew
9 to 10 percent annually since 1999.
The Labor Law stipulates that the workweek should not normally
exceed 40 hours, but specifies no maximum for other than normal
circumstances. The Law limits heavy manual labor or hazardous work to
no more than 36 hours a week. The Labor Law requires overtime to be
paid at a rate of not less than one-and-a-half times normal wages for
hours worked in excess of the normal 40-hour week. The Labor Law
requires that overtime not exceed 2 hours in a calendar day or 1 hour a
day for heavy manual labor. Overtime is prohibited for work in
hazardous conditions. The Constitution provides that labor agreements
may stipulate the length of working time, vacation days, holidays, and
paid annual leave for each worker.
Minimum wages, work hour restrictions, and limits on overtime
established under the Labor Law were enforced by the Ministry of Labor.
Ministry labor inspectors conducted random inspections of employers to
enforce all laws and regulations under their purview.
The Constitution provides for the right to ``safe and hygienic
working conditions''; however, working and safety conditions in the
industrial sector were often substandard. Safety consciousness in both
employees and employers was low. Workers in factories usually did not
wear protective clothing, such as goggles and hard hats, and worked in
conditions of poor visibility and ventilation.
Management largely ignored regulations concerning occupational
health and safety, which were not well enforced by the Ministry of
Labor. Since the Ministry of Labor took over responsibility for labor
inspectors in 2001, there was an increase in the number and frequency
of labor inspector visits. During the year, the Ministry reported a
staff of 360 inspectors. Although the frequency of inspections remained
insufficient to provide fully for occupational health and safety, the
number of fines, penalties, and warnings to employers increased.
According to the Ministry, 147 workers were injured due to unsafe
working conditions during the first 9 months of the year. Under the
Labor Law, employers were obligated to suspend work where its
continuation could endanger the life or health of workers and to warn
workers about any harmful and dangerous work conditions and about the
possibility of any occupational disease.
There were no reports of workers suffering physical or sexual
abuse, although it is probable that limited employment opportunities
contributed to the underreporting of abuses. There are no laws
protecting workers who file complaints about work conditions.
Foreign workers (those legally present with labor permits) were
provided the same minimum wages and labor standards as local workers
under the law. Legal foreign labor was limited by a yearly quota of
workers, which generally was filled by Turkish, Western European, and
American workers in the oil industry. These highly skilled workers
earned more on average than local workers and enjoyed work and living
standards above local standards. Several foreign corporations reported
difficulty in obtaining work permits for their expatriate workers,
saying the Government favored local workers for the positions.
Labor laws do not cover illegal workers, who did not receive the
same legal protections as those with permits. Illegal workers were
generally unskilled migrant laborers from Uzbekistan, Kyrgyz Republic,
and Tajikistan, who crossed into southern Kazakhstan seeking
agricultural jobs. They frequently were paid considerably less than
local workers and worked in substandard conditions. Law enforcement
agencies periodically conducted campaigns to deport illegal workers;
employers were often fined as well during such campaigns. Between May
23 and June 5, 306 persons were deported from Mangystau Oblast and 61
of the oblast's employers fined.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in persons remained a problem during the
year. There was no evidence of a pattern of official complicity in
trafficking, although corruption of law enforcement officials was
widespread.
There are several articles of the Criminal Code that cover most
forms of human trafficking. Article 128, passed in 1997, criminalizes
the recruitment of any person for sexual or other exploitation. It is
punishable by a maximum 2-year prison term. If a minor is involved, the
maximum penalty is 5 years in prison. If the exploited person is
transferred abroad, the maximum penalty is 8 years in prison. Article
330 was added to the Code in February to strengthen existing law.
Article 330 prohibits the organization of illicit migration by
providing transportation or fraudulent documents, or residence or other
services for the illicit entry, exit, or movement on the territory of
the country. It also covers the operation of a tourist or excursion
agency for the purpose of illicit migration. The Criminal Code (Article
133) also prohibits the sale of children.
Prosecutions under these articles of the Criminal Code were rare.
However, prosecutors used other articles of the Criminal Code to charge
traffickers including the illegal involvement in prostitution (Article
270), which provides punishment of up to 3 years in prison; and
prostitution connected with organized crime (Article 271), punishable
by up to 5 years in prison. Official statistics differed on the number
of investigations during the year under Article 271, the article the
Government stated was most commonly used in antitrafficking efforts. It
was difficult to estimate what percentage of investigations under
Article 271 involved trafficking, since the Government did not maintain
statistics specifically on trafficking. Prostitution was not explicitly
prohibited under the law, nor was it legally regulated. Under Article
125 of the Code, kidnaping is punishable by a term of up to 7 years. In
a case that was ongoing at year's end, several victims of trafficking
filed suit in civil court against a travel agency for breach of
contract.
In 2001 the Government formed a working group in which NGOs
participated to draft comprehensive trafficking legislation. The
Government did not submit draft legislation produced by the group to
Parliament before the end of the year. The goals of the working group
were to develop a comprehensive definition of all forms of trafficking
and to provide new protections for trafficking victims.
Within the Government, the National Commission for Women's and
Family Issues, law enforcement agencies, the KNB, and the Prosecutor
General were most involved in combating trafficking. Prosecutors had
the authority to direct law enforcement to begin investigations and
during the year initiated investigations specifically related to
trafficking, including many reports of trafficking that had appeared in
the media.
The Government maintained that it seeks cooperation from
authorities in destination countries for its citizens who have been
trafficked and in the source countries of trafficking victims brought
into the country. There were no cases where the Government has been
asked to extradite a person charged with trafficking in another
country.
The country was a source, transit, and destination country for
victims of trafficking. Internal trafficking was also a problem. No
reliable statistics were available on the number of victims each year,
but many experts maintain that it was less than 5,000. Individuals were
trafficked to the United Arab Emirates, South Korea, Turkey, Greece,
Cyprus, France, Italy, Portugal, Switzerland, Belgium, Israel, and
Albania. They were trafficked from the Kyrgyz Republic, Uzbekistan, and
Tajikistan.
Traffickers mainly targeted young women in their teens and 20s.
According to the Kazakhstan Crisis Center for Women and Children, most
women were recruited with promises of good jobs or marriage abroad.
Travel, employment, and marriage agencies often recruited victims
through advertisements promising lucrative jobs in other countries.
Offers to participate in international beauty contests also were used.
Formerly trafficked women reportedly have recruited new victims
personally. There was also evidence that young and middle-aged men have
been trafficked from the country, either for sexual exploitation or for
labor. Many trafficking victims appeared to be aware or at least to
suspect that they were going to work as prostitutes, but not that they
would be working under slavery-like conditions. Most trafficked persons
traveled to their destinations on passports obtained abroad, most often
from Russia or the Kyrgyz Republic.
There was no evidence of a pattern of official complicity with
trafficking, although corruption of law enforcement officials was
widespread. In 2000 a customs official was charged with accepting
bribes for facilitating passage of trafficking victims, relieved of his
duties, and imprisoned.
The Government did not assist trafficked women who returned to the
country; however, NGOs ran crisis support centers that provided
assistance.
In 2001 the IOM, in conjunction with 19 NGOs across the country,
began an information campaign on the dangers of trafficking and set up
hot lines for its victims. By the end of July, the hot line identified
35 cases of trafficking from among the almost 10,000 calls it received.
The IOM also held press conferences to announce the names of travel
agencies engaged in trafficking and planned to publish a report
detailing trafficking networks in the country.
The Government, in conjunction with NGOs, supported training
programs for judges, prosecutors, and law enforcement employees at the
local level on how to deal with trafficking cases.
In 2001 the Government reinstated mandatory licensing for tourist
agencies in an effort to uncover agencies involved in trafficking. The
Prosecutor General's office conducted several inspections late that
year and found that many tourist agencies failed to provide for the
return of their clients to the country. The Prosecutor General reported
that most of these tourist agencies closed voluntarily after the
inspections.
The Government did not provide any trafficking prevention programs;
however, nongovernmental efforts to combat trafficking in persons
continued and the Government cooperated with these groups.
----------
KYRGYZ REPUBLIC
Although the 1993 Constitution defines the form of government as a
democratic republic, President Askar Akayev dominated the Government.
Despite constitutional limitations, Parliament has become more
independent and sometimes modified or blocked presidential initiatives.
Civil society was relatively strong. In October parliamentary by-
elections took place in four electoral districts. The elections were
generally orderly and competitive in three districts, but serious
voting irregularities were observed in one district where the race was
strongly contested. In 2000 serious irregularities marred parliamentary
and presidential elections. The Constitution provides for an
independent judiciary; however, the executive branch dominated the
judiciary, and the Government used judicial proceedings against
prominent political opposition and independent media figures in
numerous instances.
Law enforcement responsibilities were divided among the Ministry of
Internal Affairs (MVD) for general crime, the National Security Service
(SNB) for state-level crime, and the procurator's office for both types
of crime. Both the MVD and the SNB deal with corruption and organized
crime. The civilian authorities generally maintained control of the MVD
and the SNB and maintained full control of the newly created State
Border Guard Service (SBGS). Some members of the security forces
committed serious human rights abuses.
The country is poor and mountainous, with a rough balance between
agricultural and industrial production and a population of
approximately 5 million. The Government has carried out progressive
market reforms, although some intended reforms have not been
implemented fully. The economy was stable during the year. Gross
domestic product declined by 0.5 percent. Inflation was 2.3 percent.
Industrial production remained significantly below preindependence
levels. Foreign assistance played a significant role in the country's
budget. Unemployed workers and government workers with low salaries or
unpaid benefits continued to face considerable hardship. Pensions were
being paid, but the amount provided only for subsistence living. The
average annual income was $230, while the subsistence level income was
estimated at $366 per year. Sixty percent of the population lived below
the poverty level.
The Government's human rights record remained poor, and it
continued to commit numerous abuses. Nongovernmental organizations
(NGOs) and parliamentary deputies sometimes succeeded in blocking
presidential initiatives through parliamentary action and grassroots
campaigns. Members of the security forces at times beat and otherwise
mistreated persons; police killed six persons participating in
demonstrations in March. Prison conditions remained very poor, and
there were many cases of arbitrary arrest or detention. Executive
domination of the judiciary limited citizens' right to due process.
Executive branch interference affected verdicts involving prominent
opposition figures. The Government restricted some privacy rights. The
Government restricted freedom of speech and of the press. The
Government used bureaucratic means to harass and pressure the
independent media, some NGOs, and the opposition. The Government
restricted freedom of assembly and freedom of association. The
Government generally respected freedom of religion; however, at times
it infringed on this right, in particular for radical Islamic groups it
considered to be a threat to the country. There were some limits on
freedom of movement. Citizens were usually able to move freely in the
country; however, the Government attempted to block the travel of
citizens to politically significant events on several occasions. The
Government harassed and pressured some human rights groups. Violence
and discrimination against women were problems. Violence against
children was a problem, and there were growing numbers of street
children. Discrimination against ethnic minorities was a problem, as
was child labor. Trafficking in persons was a persistent problem, which
the Government took steps to address.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, police killed six persons
during demonstrations in March.
On March 17, MVD forces opened fire on a group of unarmed
demonstrators marching in support of jailed parliamentarian Azimbek
Beknazarov in Aksy District, Jalal-Abad Oblast. The security forces
killed 5 demonstrators and injured 17, mostly with bullet wounds. On
March 18, MVD forces again fired on demonstrators in the village of
Kerben, Aksy District, killing one person and injuring seven. On
December 28, a court convicted four of the seven local law enforcement
officers charged in the killings of five protesters; three officers
were acquitted. In its May 20 report, the presidentially appointed
Kyrgyz State Commission investigating the Aksy violence recommended
that officials from the prosecutor's office also be investigated for
complicity; by year's end no investigations had taken place. Citizens
continued to call for higher ranking officials to face accountability
for the Aksy events (see Section 2.b.).
There were no reported casualties from landmines laid by Uzbekistan
forces in Kyrgyz territory in response to the Islamic Movement of
Uzbekistan (IMU) incursions into both countries in 1999 and 2000 (see
Section 1.c.).
On June 29, unknown assailants killed a Chinese diplomat in
Bishkek. Three suspects were detained in connection with the shooting
on July 3.
During the year, Uzbekistan border patrols shot five Kyrgyz
civilians, killing one person and injuring four, in incidents near
nondemarcated border areas.
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, mistreatment, and
inhuman or degrading punishment; however, police and SNB forces
committed abuses including beatings and other mistreatment. There were
no reports of the use of torture. At times police used beatings to
extract confessions. There were several credible reports that police
beat human rights activists and demonstrators while in detention. The
supervision of conditions for pretrial detainees was poor; police were
supervised poorly, were not always paid promptly, and at times
committed crimes.
On August 28, the Military Court of the Chui Garrison acquitted
Belovodsk police officers for the July 2001 torture and forced
confession of a prisoner. On September 4, the procurator appealed the
acquittal. On December 2, the appellate court upheld the lower court's
acquittal. Following that decision, the prosecutor filed an appeal with
the Supreme Court, which had not heard the case at year's end.
The police at times used force to disrupt opposition demonstrations
(see Section 2.b.).
Government officials facilitated, or were complicit in, trafficking
(see Section 6.f.).
On September 6, an unknown assailant threw three grenades at the
acting Head of the Presidential Administration and Secretary of the
National Security Council, Misir Ashirkulov, who was seriously injured.
No casualties were reported from landmines laid by Uzbekistan in
Kyrgyz territory in response to the IMU incursions into both countries
in 1999 and 2000.
Prison conditions were very poor and included overcrowding, food
shortages, and lack of heat and other necessities. On July 1, the
Government transferred control over non-SNB prisons from the MVD to the
Ministry of Justice (MOJ). Prisoners detained by the SNB were kept in
SNB facilities; after conviction they were held in a regular prison.
Male and female prisoners were held separately. Conditions in the
women's prison were less overcrowded than in those for men, and inmates
were allowed to perform menial labor to earn money needed to provide
necessities. Juveniles were held separately from adults. There were no
special facilities for political prisoners. Pretrial detainees were
held separately from convicted prisoners. Pretrial detention facilities
were extremely overcrowded, and conditions generally were worse than in
regular prisons. Prison visits by family members were at the discretion
of the investigator during the investigation phase. After a conviction,
family members were allowed to visit a prisoner regularly.
The Government usually permitted domestic and international human
rights observers to visit prisons. On August 14, the International
Commission of the Red Cross (ICRC) reached an agreement with the MOJ
allowing free access to visit detainees in prisons under its
jurisdiction. The ICRC was allowed to visit detainees in SNB prisons in
accordance with the ICRC's standard procedures. The ICRC made multiple
visits to jailed opposition leader Feliks Kulov during the year.
Diplomatic observers also visited Kulov in October and reported that he
appeared to be well treated.
d. Arbitrary Arrest, Detention, or Exile.--The law and the
Constitution prohibit arbitrary arrest and detention; however, police
at times used ill-defined charges to arrest persons and could be bribed
to release them.
The procurator's office determined who could be detained, arrested,
and prosecuted. The procurator must issue an arrest warrant before a
person may be detained, and there were no reports that this provision
was abused. The Criminal Code permits law enforcement officials to
detain suspects for 72 hours before releasing them or charging them
with a crime. The Criminal Procedure Code requires notification of a
detainee's family by the investigator within 12 hours of detention;
however, this requirement often was not observed in practice. Persons
arrested or charged with crimes had the legal right to defense counsel;
if a suspect was charged, the procurator was required to advise defense
counsel immediately. Defense counsel should be permitted to visit the
accused within the first 3 days of incarceration; however, at times the
accused did not see defense counsel until trial.
The SNB, the MVD, and the General Procurator carried out
investigations. The accused usually remained in detention while the
procurator investigated and prepared the case for trial. The procurator
had the discretion to keep the accused in pretrial detention for as
long as 1 year, but there were regulations that provided for
provisional release before trial. After 1 year, the procurator was
required to release the accused or ask Parliament to extend the period
of detention. There have been no known instances in which Parliament
was asked to extend a detention.
Security forces detained 49 persons during the year for membership
in the illegal Hizb ut-Tahrir Islamic organization and distribution of
its literature (see Section 2.c.).
Authorities detained some demonstrators during the year (see
Section 2.b.).
There were no developments in the case of Noomanjan Arkabayev from
the Osh branch of the Kyrgyz Committee for Human Rights (KCHR), who was
arrested in June 2001 for allegedly distributing antigovernment
leaflets. In July Arkabayev became an assistant to the first deputy
minister of the MVD.
On January 5, the Government detained parliamentarian Azimbek
Beknazarov on charges related to his work as a criminal investigator in
1995. Beknazarov, the chairman of the Committee on Courts and Legal
Issues of the Legislative Assembly, was an outspoken critic of the
Government's border agreements with China and Kazakhstan. He was held
in pretrial detention until March 19, when he was summarily released in
the aftermath of the MVD shootings of his supporters in Aksy District.
On May 24, Beknazarov was given a 1-year suspended sentence.
In the past, the SNB arrested Uighurs (an Islamic Turkic group
native to western China) on ill-defined charges (see Section 2.c.);
however, there were no reports of such arrests during the year. Two
Uighurs were detained in connection with the shooting of a Chinese
diplomat and reportedly deported to China.
The law does not provide or prohibit forced exile, however, there
were no reports that the Government employed it in practice. The
president of the KCHR, previously in self-imposed exile abroad,
returned to the country in April (see Section 4).
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the executive branch continued to
dominate the judiciary. The courts were perceived widely as a rubber
stamp for the procurator and for high-ranking government officials.
Cases originated in local courts; they could move to appeals courts
at the district or regional level and finally to the Supreme Court.
There were separate military courts and a separate arbitration court
system that handled economic disputes.
The Constitutional Court had responsibility for determining the
constitutionality of laws, resolving disputes concerning the
interpretation of the Constitution, and determining the validity of
presidential elections.
Traditional elders' courts considered property and family law
matters and low-level crime. Cases were submitted by agreement of the
parties; decisions of elders' courts could be appealed to the
corresponding municipal court. Local elders' courts were under the
supervision of the procurator's office but did not receive close
oversight since many were located in remote regions. The procurator,
not the judge, was in charge of criminal proceedings. The procurator
brought cases to court and tried them before a judge and two people's
assessors. The court compared the facts as presented by the procurator
and the defense and in most cases made its decision after receiving all
available information in each case. The court could render one of three
decisions: Innocent, guilty, or indeterminate. If indeterminate, a case
was returned to the procurator for further investigation. The decision
of a court to return a case to the procurator for further investigation
could not be appealed, and accused persons were returned to the
procurator's custody, where they could remain under detention.
The law provides for defendants' rights, including the presumption
of the innocence of the accused; however, such rights were not always
respected. The judicial system continued to operate, in many cases,
under Soviet laws and procedures in which there was no presumption of
innocence and the focus of pretrial investigation was to collect
evidence sufficient to show guilt. The Criminal Procedure Code provided
for an unlimited number of visits of unlimited duration between an
attorney and a client. Although official permission for such visits
still was required, such permission usually was granted.
Defense lawyers could obtain access to all evidence gathered during
the course of the investigation. In practice all members of the court
had equal rights and could question witnesses. Witnesses did not have
to present their testimony in court; instead they could affirm or deny
their statements in the procurator's files. Under the law, the accused
and the defense counsel had access to all evidence gathered by the
procurator. They could attend all proceedings, which were usually
public, and were allowed to question witnesses and to present evidence.
However, this right was not always respected in practice.
The Constitution provides terms for judges that range from 15 years
for Constitutional Court judges to 3 years for first-term local judges.
Judges of the highest courts were nominated by the President and
approved by the Parliament. Local court judges were appointed by the
President. Very low judges' salaries led to a credible view among
lawyers and citizens that all but a very few scrupulously honest judges
were open to bribes or pressure.
Legislators in the past used their parliamentary immunity to avoid
being brought to court; however, a 1998 change in the law limited their
immunity to official acts only. Defendants were afforded the same
constitutional protections in both military and civilian courts,
although military court proceedings could be closed to the public. A
civilian could be tried in a military court if one of the codefendants
was a member of the military. Military court cases could be appealed to
a military appellate court and ultimately to the Supreme Court.
During the year, two individuals were prosecuted for apparently
political reasons. On May 8, Feliks Kulov, former parliamentary and
presidential candidate and opposition Ar Namys Party leader, was
convicted in a Bishkek district court of abuse of power related to his
activities when he was governor of Chui Oblast in the mid-1990s. The
trial was open to the public. The initial prosecution of Kulov,
considered the most popular opponent of President Akayev in the 2000
elections, began after his unsuccessful bid for a parliamentary seat in
March 2000. On October 11, an appellate court upheld the lower court's
finding. This was the third prosecution of Kulov in 2 years.
On January 5, parliamentarian Azimbek Beknazarov was charged with
abuse of power in connection with his role in a murder investigation
that occurred in 1995 when he was a criminal investigator. Beknazarov's
trial was held in Toktogul on March 11-13 and was marked by serious
flaws. Sentencing was set for March 18 in Toktogul, but was delayed by
mass demonstrations in Jalal-Abad Oblast. Beknazarov was released on
March 19. On May 24, the court gave Beknazarov a 1-year suspended
sentence. On June 28, an appeals court ruled to close the criminal
case, but left the criminal conviction in place (see Sections 1.a. and
1.d.).
Economic crimes such as tax evasion, embezzlement, and theft of
government property were common; prosecution for these crimes was rare
but at times appeared to be directed at opponents of the Government.
There were no reports of other political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government at times violated these prohibitions. The Constitution
prohibits unlawful entry into a home against the wishes of the occupant
and states that a person's private life, privacy of correspondence,
telephonic, and telegraphic communications are protected; however, this
prohibition was not always respected in practice. The law and
procedures require the General Procurator's approval for wiretaps,
searches of homes, interception of mail, and similar acts; however, the
prosecutor could give approval over the telephone for searches, which
meant that in such cases no written proof exists to verify that the
search was approved. In certain cases, law enforcement officers could
carry out a search first and then get approval within 24 hours. If
approval was not given, any evidence seized was inadmissible in court.
The SNB continued to monitor the Uighur community (see Section
1.d.). There were unconfirmed reports by citizens active in politics or
human rights monitoring that the privacy of their communications was
violated. After September 11, 2001, the Government has conducted
widespread document checks of some foreigners. These checks often
resulted in the detention and deportation of those who were not in the
country legally (see Section 2.d.).
Organizational structures responsible for violations of privacy
rights during the Soviet era largely remained in place.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government restricted these
rights. A 1998 referendum amended the Constitution to preclude
Parliament from passing laws that infringe on free speech.
There were approximately 25 to 30 newspapers and magazines with
varying degrees of independence, including some that had only local
circulation. The state printing house, Uchkun, was the primary
newspaper publisher in the country, with several small presses located
inside and outside of the capital.
The Government used its influence over printing and distribution of
print media to impede the dissemination of information by the
independent print media. In January Uchkun stopped printing two
independent newspapers, Moya Stolitsa and Res Publica, following
publication of articles critical of the Government and the President's
family. The printing house claimed the printing was stopped due to an
unsigned servicing agreement with the newspaper. Uchkun initially
refused to print Moya Stolitsa, but when Res Publica offered their
printing run to Moya Stolitsa, Uchkun refused to print either paper. In
November Uchkun threatened not to publish an issue of the independent
newspaper Aalam because it contained material critical of the
President's son. Once the article was removed, the issue was printed.
In December the Government registered the nongovernmental Media
Support Center and its independent printing press.
There also were several independent television and radio
broadcasting outlets. Two television stations in Osh broadcast in
Uzbek: Osh Television, which broadcast in Uzbek part of the time, and
Mezon Television, all of whose programs were in Uzbek. The latter was
founded by the Mezon Uzbek Ethnic Center to serve the needs of the
large Uzbek population in Osh.
Government interference with independent television and radio
stations occurred in the past, but there were no reports of such
interference during the year. Osh Television successfully settled its
dispute with the National Agency for Communications (NAC). The NAC had
required Osh Television to change its broadcast frequency from VHF to
UHF, which is not used by most Soviet-period television sets. The
station and the Association of Journalists protested the change, which
would have reduced the number of viewers and imposed financial hardship
on the station, as unfair and not justified technically. The station
retained its VHF frequency. In addition, Osh Television was engaged in
an ongoing dispute with tax authorities over what it considered unfair
tax assessments.
Government newspapers, television and radio continued to receive
government subsidies, which permitted the Government to influence their
coverage and to apply financial pressure on independent media by
fostering unfair competition for increasingly scarce advertising
revenue. Some news outlets were owned and controlled partly or fully by
individuals with close ties to the Government.
The third honor and dignity case against the newspaper Delo No
since 2000 was ongoing a year's end.
During the year, 15 lawsuits were filed against the independent
newspaper Moya Stolitsa by individuals or organizations claiming
encroachment on their honor and dignity; 14 of these cases were filed
between mid-November and the end of December.
All media were required to register with the Ministry of Justice
and wait for ministry approval before beginning to operate. The Media
Law states that the registration process should require 1 month.
On November 28, militia at Toktogul seized 2,500 copies of Kyrgyz
Ordo with articles critical of President Akayev as they were being
shipped South for distribution.
In January the state publishing house Uchkun refused to print the
independent newspaper Moya Stolitsa after it carried articles critical
of the Government and the President's family. On March 1, the Bishkek
city court of arbitration postponed a trial of Moya Stolitsa on charges
of encroachment on the honor and dignity of Uchkun. The same court had
ruled on January 29 that Uchkun must print Moya Stolitsa while the
investigation was completed and a special court decision was being
considered. However, the court cancelled its decision on February 4,
upholding Uchkun's appeal, and ruled that the paper should not be
printed until a contract between it and the publishing house was
renewed for the year. The contract was renewed and Moya Stolitsa was
permitted to publish as of May.
On January 14, the Government issued Decree 20, which introduced
mandatory government inventory and registration of all typographical
and printing equipment and imposed strict importation controls, among
other provisions. On May 25, the Government repealed Decree 20, but
announced it would establish measures to control publishing on the
basis of the Constitution and existing legislation.
In its May 20 report, the Kyrgyz State Commission investigating the
Aksy violence named biased coverage from the State Television and Radio
Corporation (KTR) as a factor contributing to the unrest, in which
police killed six protesters. The Commission's report proposed the
creation of a public council to reform KTR. By year's end, its largely
progovernment members had made little progress toward reform.
The law on the mass media prohibits the dissemination of government
and commercial secrets; material advocating war, violence, or
intolerance toward ethnic or religious groups; desecration of national
norms, ethics, and symbols (such as the national seal, flag, or
anthem); pornography; and encroachment on the honor and dignity of a
person (libel). Libel was a criminal, not a civil, action. The
Government, acting through compliant courts, used the prohibition of
material that encroaches on the honor and dignity of a person to harass
and apply pressure on the independent media.
Members of the media were subject to violence and intimidation from
unknown elements. On January 19, unidentified persons threw two Molotov
cocktails into the offices of a newly established opposition newspaper,
Agym, which was owned and operated by the former owner of the
independent newspaper Asaba. The office of the independent newspaper
Tribuna was robbed on May 28; in addition to equipment, the thieves
stole research materials and rough drafts of articles that reporters
were writing.
There were no credible reports of the Government censoring or
blocking access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, at times the Government
restricted this right in practice. On occasion the Government used
force--including lethal force--to disrupt peaceful demonstrations.
Prior to a new law on public demonstrations and meetings passed on
June 24, the law required official written permission for holding
assemblies, rallies, and demonstrations. The new law requires that
authorities be given notification of public gatherings and gives
authorities the right to prohibit gatherings under certain conditions.
At times authorities, including those at local levels, used the
requirements for permission and notification to prevent rallies and
demonstrations. Permits were required for public marches and
gatherings. These usually were available, but in some cases authorities
refused to issue permits to opponents or critics of the Government.
Rallies and demonstrations were held regularly in front of the
White House, Parliament, and in other places. Throughout the year,
numerous protests, demonstrations, and pickets took place in different
areas of the country, including Bishkek, Osh, Jalal-Abad, and Naryn. In
most cases, demonstrations took place without interference from
authorities; however, there were instances in which security forces
forcibly disrupted demonstrations and meetings.
In September the Government issued a 3-month ban on all
demonstrations that was subsequently withdrawn.
Following the January 5 arrest of opposition Member of Parliament
Azimbek Beknazarov, his supporters in the town of Kara-Suu in Jalal-
Abad Oblast responded with actions such as demonstrations, hunger
strikes, road closings, keeping children home from school, and hostage-
taking of local officials. Sheraly Nazarkul died on February 6 after 21
days on a hunger strike.
On March 17, the day before Beknazarov's sentencing was set to take
place, approximately 2,000 of his supporters began to march to the city
of Kerben in the Aksy District of Jalal-Abad Oblast to demand his
release. Bishkek human rights activist Tursunbek Akunov was taken into
police custody after attempting to negotiate with demonstrators. The
crowd protested Akunov's arrest, and some demonstrators began throwing
rocks. Police were ordered to advance and attempted to disperse the
crowd by shooting into the air. Some police shot into the crowd,
killing at least five demonstrators (see Section 1.a.). Other
demonstrators were beaten. None of the demonstrators were given medical
assistance at the scene. Several hours later, several thousand
demonstrators in Kerben stormed the police building and set several
buildings on fire. One demonstrator was killed and five wounded in the
clash between police and protesters. MVD troops were dispatched from
Bishkek and elsewhere to restore calm.
In April following the release of a videotape showing police firing
on unarmed demonstrators in Aksy, President Akayev dismissed a number
of local officials and appointed a state commission to investigate the
shootings. In its report issued on May 17, the commission cited the
Beknazarov arrest as the main cause of unrest, criticized the state
media for biased reporting, and suggested that high-level officials
shared blame for the shootings.
In mid-May, numerous protests took place throughout the country
following the May 8 sentencing of opposition leader Feliks Kulov to 10
years' imprisonment and the ratification of an agreement delimiting the
Kyrgyz-China border. From May 13-21, approximately 1,000 protesters
blocked the Osh-Bishkek road demanding Beknazarov's acquittal and
punishment of those responsible for the Aksy shootings. On May 16,
police forcefully broke up a demonstration involving approximately 500
in front of the Parliament and briefly detained more than 80
demonstrators. Police arrested KCHR head, Ramazan Dyryldayev, and
Kyrgyz Public Committee for Human Rights director, Tursunbek Akunov;
both were released on May 17.
On June 5, protesters set up a roadblock near Tash-Kumyr on the
Bishkek-Osh highway. Police dispersed the protesters on June 8 and
arrested seven people, including the Jalal-Abad correspondent for Radio
Liberty. On June 12, the marchers regrouped, headed towards Jalal-Abad,
and arrived in the city on June 17. They staged a demonstration in the
central square to demand Beknazarov's release and accountability for
the Aksy events.
On September 4, protesters from villages in Aksy District began to
march to Bishkek. They reached the city of Karakul on September 9 but
were prevented by authorities from continuing. Police arrested several
protesters and stopped a truck reportedly carrying food supplies for
the marchers. On September 12, government officials and protesters
agreed to end the march and signed a memorandum laying out further
actions.
On October 16, authorities in Toktogul detained approximately 40
demonstrators traveling in a bus towards Bishkek to express their
support for local officials charged with involvement in the Aksy
events.
On November 14, approximately 300 protesters, primarily from the
South, converged on Bishkek to attend a Kuraltai (public forum)
organized by opposition leaders and scheduled for November 16. On
November 15, the protesters entered the city and approximately 200
demonstrators staged a protest near the city's main bazaar on November
16. Police used nonlethal force to disperse them and detained 129
persons, who were released and transported back to the South on buses
with police escorts on November 17. The Kuraltai did not take place
because organizers were unable to secure a meeting space. Activists
continued efforts to organize the Kuraltai, but it had not taken place
by year's end.
In November opposition candidate Usen Sydykov was fined for
organizing an unsanctioned rally following a court decision that ruled
he was ineligible to run for a vacant parliamentary seat.
The Constitution provides for freedom of association; however, at
times local authorities restricted this right in practice. The Law on
Public Organizations--which include labor unions, political parties,
and cultural associations--requires registration of these organizations
with the Ministry of Justice.
During the year, the KCHR continued to report that its members were
the targets of threats and intimidation. On May 20, the KCHR's
Kochkorka office was ransacked by a crowd. KCHR coordinator Kachkyn
Bulatov was taken to the local police station where he was held for 15
days under administrative arrest and interrogated by local authorities.
The law on NGOs distinguishes them from political parties, labor
unions, and religious organizations and lowers the required number of
members for registration. The registration of an NGO requires at least
3 members; the registration of a political party requires at least 10.
c. Freedom of Religion.--The Constitution and the law provide for
freedom of religion, and the Government generally respected this right
in practice; however, the Government restricted the activities of
radical Islamic groups that it considered to be a threat to the
country. Islam was the most widely practiced faith.
Since 2001 the Government worked with representatives of various
religious faiths and NGOs to develop a draft law on religion. The draft
law remained incomplete as the Government attempted to tighten
regulations on missionary activities. Representatives of religious
communities expressed concern that some Muslim believers could be named
extremists under the law. In April the Central Asian Eparchy of the
Russian Orthodox Church issued a statement strongly opposing the draft
law, citing concerns that its passage would result in a flood of
foreign missionaries.
The State Commission on Religious Affairs (SCRA) was responsible
for promoting religious tolerance, protecting freedom of conscience,
and overseeing laws on religion. Under the law, all religious
organizations were required to register with the SCRA, which was
required to recognize the registrant as a religious organization. Each
congregation was required to register separately. Religious
organizations, including religious schools, were required to register
with the Ministry of Justice to obtain status as legal entities, which
was necessary for them to own property, open bank accounts, and
otherwise engage in contractual activities. Under the tax code,
religious organizations were required to pay taxes on commercial
activities. The Ministry's registration process was cumbersome, taking
a month on average. In practice the Ministry never registered a
religious organization without prior registration by the SCRA.
Several religious organizations had difficulty registering with the
SCRA. The majority of these were small Christian congregations. On
February 28, the SCRA approved the application for registration of the
Catholic Mission, which previously experienced difficulties with
registration, possibly related to procedural errors in its application.
Registration of the Roman Catholic Church was finalized in October.
According to the SCRA, all Muslim communities that applied for
registration were registered successfully. In February the SCRA and the
OSCE cohosted a regional conference on religious tolerance in Jalal-
Abad.
The Government was concerned about the threat of political
extremism in the guise of conservative Islam, whose followers it
labeled ``Wahabbis.'' Armed incursions by militants of the IMU in the
summers of 1999 and 2000 increased the Government's apprehension about
radical Islam and the actions of its followers. The Government
continued to express concern about groups that it viewed as extremist
with either radical religious or political agendas. In September senior
law enforcement officials testified in Parliament that the primary
danger to the state came from religious extremists and the outlawed
Hizb ut-Tahrir organization.
A number of missionary groups operated in the country. Missionary
groups are required to register with the Government, and in the last 5
years more than 700 foreign missionaries were registered. However,
according to official statistics, since independence authorities
ordered approximately 20 missionaries who disseminated dogma
inconsistent with the traditional customs of Kyrgyz Muslims to leave
the country. Information on the religion of these missionaries was not
available. Government authorities indicated that they would monitor the
activities of the Unification Church, which was led by Reverend Moon,
although there were no reports of interference with its activities. The
Unification Church was not active in the country, but it had a presence
through the charity organization of Reverend Moon's wife.
The Government expressly forbids the teaching of both religion and
atheism in public schools. In 2001 the Government instructed the SCRA
to draw up programs for training clergy and to prepare methodologies
for teaching about religion in public schools. These instructions came
in response to concerns about the spread of Wahhabism and what the
Government considers to be unconventional religious sects. The SCRA is
developing a program to teach about various religions, in cooperation
with the Ministry of Education and several academic institutions.
However, the program was not implemented by year's end due to lack of
funding.
A government decree passed in January imposed strict control on
printing activities and instructed the SCRA to issue a report listing
all registered religious organizations and creating an inventory of
houses of worship. Following protests by local media, human rights
NGOs, and other organizations, the decree was rescinded in May.
On January 11, the National Security Service (NSS) detained
Bakhodyr Akhmedov, head of the Committee to Protect Muslims' Rights and
son of a prominent Jalal-Abad imam, on illegal weapons possession
charges. On December 30, he was sentenced to time served on the charge
and released.
The arrest and prosecution of persons accused of possessing and
distributing literature of the Hizb ut-Tahrir organization increased
during the year. Most arrests occurred in the South and involved ethnic
Uzbeks; those arrested typically were charged with violation of Article
299 of the Criminal Code, which prohibits the distribution of
literature inciting ethnic, racial, or religious hatred. The SCRA
chairman stated in October that there were approximately 2,000 Hizb ut-
Tahrir followers in the country.
Arrest figures varied depending on the source. The MVD reported
that during the year 47 Hizb ut-Tahrir-related cases were investigated
by authorities; 49 persons were detained for Hizb ut-Tahrir membership
and distribution of its literature, and criminal proceedings were
initiated against 40 individuals. In July two Islamic activists in the
southern city of Osh were sentenced to 5 years in prison for
distributing and possessing Hizb ut-Tahrir materials. According to the
International Crisis Group (ICG), which monitors Hizb ut-Tahrir in the
South, during 2001 police detained 49 persons in Osh Oblast and 86 in
Jalal-Abad Oblast. Of those arrested in Osh Oblast, the Government
criminally prosecuted 30. The ICG estimated that the number of
prosecutions in Jalal-Abad Oblast was approximately the same. The SNB
reported 117 arrests of Hizb ut-Tahrir members in Jalal-Abad Oblast in
2001.
In March members of the Jewish Cultural Society reported that they
heard calls for anti-Semitic violence issued in Russian and Kyrgyz from
a loudspeaker at a Bishkek mosque.
There was anecdotal evidence of periodic tension between followers
of conservative Islam and foreign missionaries in rural areas. Converts
from Islam at times faced discrimination. In May the family of a
Baptist convert in Naryn was refused permission to bury him in the
local Muslim cemetery. Similar incidents were reported in the Issyk-Kul
and Chui Oblasts. Muslim and Russian Orthodox spiritual leaders
defended such actions with criticism of nontraditional Christian
groups' proselytizing activities. The SCRA chairman called for
tolerance on all sides.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, certain policies continued to complicate internal migration,
resettlement, and travel abroad.
The law requires that citizens have an official government permit
(propiska) to work and settle in a particular area of the country.
Applicants for such a residence permit had to file a request for
registration with the local police and be able to prove that they have
a permanent residence in the area. In addition, home and apartment
owners could sell their property legally only to buyers with such
permits. During the year, law enforcement agencies conducted sweeps and
random checks to verify the proper registration of residents (see
Section 1.f.). Authorities fined or imprisoned individuals without
residence permits stamped in their passports. Local administrations
tied the availability of utilities and social services to registration;
individuals who do not register may not have proper access to water,
heat, light, subsidized health care, or schooling. The linkage between
obtaining a residence permit and obtaining community services
disproportionately affected the growing number of internal migrants.
Many employers refused to hire applicants residing illegally. In July a
new law on internal migration took effect that was developed with the
OSCE's assistance. The law's provisions, aimed at moving away from the
propiska system, were not yet implemented by year's end.
There was no law on emigration. All passport applications were
reviewed by the Ministry of National Security. There were no exit visa
requirements and citizens could travel abroad without an exit visa.
Unlike in the past, travelers were not required to present letters of
invitation to receive an ``international page'' if they had never
traveled abroad. After the validation of the passport, travel was
unrestricted. The law prohibits emigration within 5 years of working
with state secrets; however, there were no reports that anyone was
barred from emigration under this statute during the year.
Although official figures were not available, press reports
indicated that the emigration of both ethnic Russians and Russian
speakers continued during the year, primarily as a result of the lack
of economic opportunities. According to the International Organization
for Migration (IOM), approximately 100,000 Kyrgyz labor migrants worked
in Kazakhstan and Russia.
Emigrants were not prevented from returning to the country, and
there reportedly was a small but steady flow of returnees.
The law provides for the granting of asylee or refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. The law provides for first asylum.
According to the U.N. High Commission on Refugees (UNHCR), a total of
approximately 500 refugees from Chechnya had received first asylum.
Chechen refugees were not granted official refugee status by the
Government, but were allowed to obtain asylum seeker status, which
provided them with some legal protection. Chechen refugees reported
experiencing low-level harassment from law enforcement officials.
Other asylum seekers who received permission to stay in the country
while their applications for refugee status were pending included 114
Afghans and 5 ethnic Uighurs from China. The UNHCR has registered 2,004
Afghans in the country, of whom 804 had refugee status from the
Government, 800 were without status, and 400 had status pending. These
refugees, most of whom were ethnic Tajiks, tended to live in small
groups isolated from local populations and were viewed by the
Government as a potential source of instability. More than 200 Afghan
refugees were selected for resettlement in other countries. The
Government granted refugee status to 81 Afghans and 127 Tajiks during
the year. In addition to Afghans, there were 8,271 persons with refugee
status in the country. Of these, six were from Iran and one was from
Sri Lanka; the remainder were from Tajikistan. The Government denied
four asylum requests by Afghans during the year. During the year, 1,328
cases were closed due to voluntary repatriation, naturalization by
Tajik refugees, and resettlement in other countries. The Government
cooperated with the office of the UNHCR and other international
humanitarian organizations in assisting refugees.
The UNHCR maintained programs to provide medical aid, legal advice,
and other services to refugees. The UNHCR also worked closely with the
Government to develop documents for legal protection. In June the UNHCR
organized the repatriation of 33 Afghan refugees to Afghanistan.
According to the UNHCR, 68 Afghan refugees were repatriated during the
year.
After September 11, 2001, the Government instituted new controls on
the movement of some foreign nationals and conducted sweeps in order to
find undocumented foreigners. The UNHCR estimated in 2001 that the
Government detained approximately 300 foreigners, primarily Tajiks and
Uzbeks but also including some Afghan refugees and asylum seekers, who
were later released. The arrests were related to new security measures
that included verification of the documents of noncitizens. During the
year, refugees and asylum seekers continued to be subject to heightened
security measures. The UNHCR intervened in several cases on behalf of
individuals detained by the MVD until their status could be determined
and documented.
There were no reports of the forced returns of persons to a country
where they feared persecution, although there were reports in earlier
years of Uighurs opposed to Chinese policies being repatriated forcibly
to China where they feared persecution. According to the UNHCR, Uighurs
remained at risk of deportation, particularly if they were involved
with political and religious activities in China. The UNHCR granted
refugee status to eight Uighurs during the year.
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; however, in practice, the Government restricted
citizens' ability to do so. Both parliamentary and presidential
elections held in 2000 were marred by serious irregularities.
The Government continued to impede the functioning of opposition
political groupings and the expression of opposition views in the
media. Opposition parliamentarians Azimbek Beknazarov and Adaham
Madumarov reported in April that they were shadowed. Opposition
newspapers were periodically refused printing services by the
Government-controlled printing press, and journalists faced libel suits
from government officials (see Section 2.a.).
President Askar Akayev dominated the Government. In 2000 President
Akayev was elected to a third term as President. Although the
Constitution specifies a two-term limit for the President, the
Constitutional Court ruled that Akayev could serve a third term because
he had been elected to his first term under the Soviet-era
Constitution. The Office of Democratic Institutions and Human Rights of
the Organization for Security and Cooperation in Europe (OSCE/ODIHR)
stated that international standards for equal, free, fair, and
accountable elections were not met. The Government took steps to
disqualify otherwise qualified candidates by charging and convicting
them on questionable criminal charges. There was intervention by local
officials in the electoral process. Although six competing candidates
offered the electorate some political choice, the restrictive process
of candidate registration excluded a number of prominent opposition
leaders from the election. Harassment of opposition candidates
negatively influenced the fairness of the campaign. Pressure on a major
domestic election-monitoring NGO violated fundamental freedoms, a step
backward in comparison with the parliamentary elections. Executive
authorities, mostly at local and regional levels, interfered in the
functioning of election commissions and the electoral process in
general. Central Election Commission Chairman Sulaiman Imanbaev
conceded that violations occurred but accused the OSCE of bowing to
pressure from unnamed political forces to give an overly negative
evaluation of the election.
The Constitution provides for parliamentary elections every 5
years. In 2000 the first and second rounds of parliamentary elections
were held. For the first time, 15 of the Legislative Assembly's 60
seats were distributed proportionally based on party lists. In the
period prior to the parliamentary elections, the Government took
numerous actions that disadvantaged opposition political parties. Four
political parties were blocked from competing because their charters
did not state specifically that they could compete in elections for
state bodies. Because they were registered less than 1 year prior to
the announcement of elections, 8 parties were barred from competing.
The OSCE noted that executive and judicial branch interference in the
electoral process continued through the runoffs. In decisions that
appear to have been politically motivated, a number of prominent
opposition candidates were disqualified or deregistered before the
runoffs, despite having led the voting after the first round. A number
of opposition candidates were harassed. Although there were
improvements in overall election administration on the day of the vote,
there were allegations of ballot tampering, government intimidation of
voters, and harassment of campaign officials in the elections of a
number of opposition leaders.
In 2001 nationwide elections of heads of city and village
administrations were held for the first time; previously these
officials had been appointed by the President. Voting was conducted in
a generally orderly manner, although there were minor technical and
organizational failures. Observers reported that it was the first time
that voters were not pressured to vote for specific candidates.
However, the preelectoral candidate selection process lacked
transparency. Voter turnout is some regions was extremely low.
On October 20, parliamentary by-elections were held in four
districts in Batken, Osh, and Jalal-Abad Oblasts. Observers reported
the Jalal-Abad district elections were generally fair and expressed the
will of the voters. In the Osh district elections, significant
irregularities were observed, including voting without identity
documents, multiple voting using the supplemental list, and
distribution of ballots upon presentation of a student card.
There were 7 women in the 105-seat legislature. The Chief Justices
of the Constitutional Court and the Supreme Court, the Minister of
Education and Culture, and the Minister of Labor and Social Welfare
were women. The Democratic Party of Women participated in the
parliamentary elections in 2000 and won 2 party seats, earning 13
percent of the party-list votes. There were 19 seats in the legislature
held by members of minority groups. Russians and Uzbeks were
underrepresented in government positions. The Prime Minister, Minister
of Agriculture, and Chief Justice of the Supreme Court were members of
minority groups.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Human rights groups generally operated in a hostile environment and
were faced with continuous government pressure to curtail their
activities. Despite this pressure, most domestic independent human
rights organizations, including the KCHR and the Coalition for
Democracy and Civil Society, were able to continue investigating and
publishing their findings on human rights cases.
There was no action taken on the 2001 assault on the executive
director of the Coalition for Democracy and Civil Society.
KCHR president Ramazan Dyryldayev, who fled the country in 2000
after being charged with failure to comply with the Labor Code in
firing an employee, returned on April 15 and remained in the country
since then. On April 18, the General Procurator's Office announced that
there were no charges pending against Dyryldayev.
Authorities threatened criminal prosecution of and violence toward
high-profile activists involved in human rights and civil society
related NGOs. On February 7, human rights activist Aziza Abdurasulova
was assaulted in Bishkek by two individuals while coming home from a
meeting with hunger strikers. Robbery did not appear to be the motive,
since nothing was taken. On March 19, Interior Minister Akmataliev
accused Tursunbek Akunov, chairman of the Human Rights Movement of
Kyrgyzstan, of inciting protests that took place in Jalal-Abad Oblast
on March 17 and said that a criminal case should be filed against
Akunov.
A progovernment NGO called the Association of NGOs created by the
Government in 2000 was largely inactive during the year.
A number of international groups reported on human rights problems
in the country although none had offices in the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for the rights and freedom of individuals
and prohibits discrimination, including that based on language. The
Government expressed a strong commitment to protecting the rights of
members of all ethnic and linguistic groups, as well as those of women;
however, in practice it did not always ensure these rights effectively.
Women.--Violence against women, including domestic violence, was a
problem. The law specifically prohibits domestic violence and spousal
abuse.
Interior Ministry statistics indicated that during the year there
were approximately 300 sexual crimes against women, but actual figures
were probably significantly higher. Many crimes against women were not
reported due to psychological pressures, cultural traditions, and
apathy by law enforcement officials.
Activists noted that rape was becoming more common, although it was
not clear whether the incidence of rape or only the reporting of such
attacks was becoming more common. The authorities often ignored such
attacks. There were reports that police raped women in custody. The
Government did not take specific action to deal with this problem of
violence against women.
Several organizations provided services for victims of domestic
violence. Organizations involved with battered women also lobbied for
new laws on domestic violence. The Umut (Hope) Center in Bishkek, which
had provided basic protection and counseling for battered women and
girls, closed during the year due to a lack of funding. A new
organization, the Association of Crisis Resolution Centers for Women
and Children (ACRC), began operations with support from the Soros
Foundation. ACRC has member organizations in Bishkek, Osh, Jalal-Abad,
Naryn, Batken, Cholpon-Ata, and Talas. Another center in Bishkek,
Sezim, maintained a staff of lawyers, psychologists, and doctors, and
operated a crisis hot line for the public. Staff members conducted
training, debates, and seminars on women's rights and family planning.
During the year, Sezim sponsored a series of travelling theater
educational performances on the problem of domestic violence in Batken,
Osh, and Jalal-Abad Oblasts. There also were internationally funded
crisis centers in both Talas and Jalal-Abad. In Naryn a crisis center
operated by the NGO Tendesh maintained a hot line to support women
affected by violence and provided psychological, legal, and medical
assistance.
Trafficking in women and girls for the purpose of prostitution was
a persistent problem (see Sections 6.c. and 6.f.).
Some rural inhabitants continued the traditional practice of
kidnaping women and girls for forced marriage; the MVD reported that
each year between 10 and 30 women were kidnaped and forced into
marriage.
Sexual harassment is prohibited by law and is covered in the
Criminal Code. Penalties range from fines to imprisonment.
Discrimination against women persisted. Family law prohibits
divorce during pregnancy and while a child is younger than 1 year of
age. The law gives equal status to women, and they were represented
well in the work force, in professions, and in institutions of higher
learning.
Women were prominent in law, medicine, accounting, and banking and
played an active role in the rapidly growing nongovernmental sector.
However, deteriorating economic conditions had a severe effect on
women, who were more likely than men to lose their jobs. According to
government statistics, the unemployment rate was 3.7 percent for women
compared with 2.7 percent for men. The average wages for women were
less than $22 per month (1,022 soms), compared to $35 per month (1,620
soms) for men. Women with children under the age of 16 accounted for 67
percent of unemployed women. Women made up the majority of pensioners,
who have felt the negative effects of the country's economic downturn,
which led to inflation and the erosion of pensions that often were paid
late. Women's groups expressed particular concern about the situation
of rural women. With the end of communism, traditional attitudes toward
women reasserted themselves strongly in the countryside, where women
were relegated to the roles of wife and mother, and educational
opportunities were curtailed. Data indicated that women were becoming
less healthy, more abused, less able to work outside the home, and less
able to dispose of their earnings independently.
The Congress of Women operated legal clinics for women throughout
the country to help counsel women on legal issues and women's problems.
Center Mercy ran a program to find employment in handicraft production
for mothers of large families. The Center for Women's Initiative,
Aigerim, had programs to assist needy families. According to
Counterpart Consortium, 236 NGOs dealing with women's problems operated
in the country during the year, of which 25 dealt with women's
advocacy. Women's organizations focused on violence against women,
gender equality, women's reproductive health, women's involvement in
politics, and education in women's rights. One NGO, Diamond
Association, focused on promoting the participation of women in
traditional courts of elders.
Children.--There were government programs, many of them financed
from abroad, directed at improving the condition of children; however,
the Government lacked resources to address fully basic needs for
shelter, food, and clothing.
The country had a 97 percent literacy rate. The Constitution states
that education is compulsory and free of charge for the first 9 years.
The Law on Education and the Law on Protection of Children's Rights
require that secondary education be free and universal. These laws
contradict the Constitutional mandate of 9 years' compulsory education
but were adhered to instead of the Constitution.
Financial constraints prevented the Government from implementing
free basic education for all students. Those families that kept their
children in public schools had to pay burdensome administrative fees.
Girls and boys attended school in equal ratios. According to UNICEF,
the primary school enrollment ratio was 98 percent for both girls and
boys. The secondary school enrollment ratio was 75 percent for boys and
83 percent for girls. The Criminal Code penalties for infringing on a
student's right to obtain free secondary education range from receiving
a public reprimand to 1 year of forced labor; the law penalizes parents
who do not send their children to school or who obstruct their
attendance. Many of those families who could afford it chose to send
their children to more expensive private schools.
The Government has established two funds, Jetkinchek and Kadry XXI
Veka (Cadres of the 21st Century), to provide educational benefits for
low-income children and children with disabilities. Jetkinchek, a
Presidential Educational Program created in 1999, provided assistance
such as pens, books, and clothes to low-income children. The program
was funded primarily by the Government but received assistance from
international organizations. Kadry XXI Veka was financed by
international organizations and helped some youth continue their
education abroad.
According to the Government, deaths from tuberculosis accounted for
almost half of all deaths among infants under 2 years of age, and the
incidence of the disease continued to grow. After independence,
vaccine-preventable diseases such as diphtheria, polio, and measles
reemerged. A range of serious nutrition-related problems affected a
large number of children, especially in rural areas. According to
UNICEF, approximately 11 percent of infants were moderately or severely
underweight. The infant mortality rate was 53 percent, and the under-
five mortality rate was 63 percent. The Government provided health care
for children. According to UNICEF, the Government financed 30 percent
of routine vaccinations. The system of residence registration
restricted access to social services, including healthcare and
education, for children that belonged to certain groups, such as
refugees, migrants, and internally displaced persons, and to
noncitizens (see Section 2.d.).
Child abuse was a problem. Traditional social safety measures were
inadequate to cope with the social pressures that affect families.
There were increasing reports of abandonment due to parents' lack of
resources to care for children, which led to larger numbers of children
in institutions, foster care, or on the street. According to UNICEF,
the children most at risk were those in these 3 categories, with 10- to
14-year-olds the highest-risk age group. State orphanages and foster
homes faced a lack of resources and often were unable to provide proper
care. The Kyrgyz Children's Fund (KCF) was concerned particularly about
the growing number of street children, many of whom left home because
of abusive or alcoholic parents or desperate economic conditions. Save
the Children Fund and UNICEF estimated that as many of 7,000 children
may live on the street, while the Government estimate was 1,500. As of
January, 140 street children were officially registered in the city of
Jalal-Abad, although the actual number was believed to be much higher.
The majority of street children found temporary shelter at bazaars and
bus or train stations. Approximately 80 percent of street children were
internal migrants. In September NGOs and the Commission on the Affairs
of Under-Age Children organized conferences in Bishkek and Osh on the
problem of homelessness among children.
During the last 3 years, 36 persons were convicted for involvement
of a child in prostitution, sexual actions, and for the production of
pornography and 10 persons were convicted for sale and trafficking of
children.
There were almost 300 child inspectors (MVD policemen) in the
country charged with enforcing the law with respect to juveniles (see
Section 6.f.).
The lack of social workers or a well-established social work
tradition meant that cases involving abandoned or orphaned children
were viewed typically as law enforcement matters. As a result,
authorities conducted sweeps to round up and institutionalize street
children. Children who were found were sent to orphanages and police
holding centers, depending on the space available. The KCF had one
shelter in Bishkek to provide food, clothing, and schooling to
approximately 30 children. The Svetlii Put shelter received training
assistance from UNICEF and cared for more than 200 children during the
year. The SOS Children's Village, funded by the Austrian organization
Kinder Dorf International and other foreign and domestic organizations,
cared for orphans. Approximately 120 children and 14 mothers lived in
this village, which offered housing and a kindergarten. KCF also
maintained a Children's Village in Issyk-Kul Oblast with capacity for
120 children.
Human rights groups noted that children who were arrested usually
were denied lawyers. Police often did not notify parents of children
who were arrested, and neither parents nor lawyers generally were
present during questioning, despite laws to the contrary. Children
often were intimidated into signing confessions.
The forced marriage of underage girls is illegal; however, it has
become more common, and authorities often tacitly approved this
practice. Cultural traditions and social structures discouraged victims
from going to the authorities. The MVD reported that during the year
six underage girls were kidnaped to become brides, but the actual
number was probably significantly higher.
Girls were trafficked for the purpose of prostitution (see Section
6.f.).
Child labor was a problem (see Section 6.d.).
Human rights groups and the KCF monitored the condition of children
and advocated for child rights. In response to the lack of a focal
agency for protecting the rights of children, the Government
established an interministerial body, the Commission on the Affairs of
Under-Age Children, under the Office of the Prime Minister. This body
provides a forum for discussing and coordinating responses to
children's problems. The Commission was involved in the adoption in
January of the National Program on Human Rights for 2002-10. The
program contained components on children's rights, such as education,
health care, and access to employment. The joint efforts of the
Commission and several NGOs led to the adoption on July 12 of the
Program on Homeless Children and Crime Prevention Among Under-Age
Children for 2002-03.
The Government and its Commission continued to disseminate
information regarding children's rights among both children and adults.
The Ministries of Justice, Education, Culture, and Health, as well as
the state television and radio company and various NGOs, also helped
disseminate such information, including by translating information into
Kyrgyz, Russian, and Uzbek to reach different segments of the
population. The Children's Media Centre (CMC), a Bishkek-based NGO,
produced magazine and video stories about children's rights and the
situation of children in the country. Student journalists participating
in the CMC were required to receive training on the main principles of
the U.N. Convention on the Rights of the Child. During the year, the
state-run television channel, KTR, began to donate airtime twice a
month to the CMC's programs.
Persons with Disabilities.--The laws provide for convenient access
to public transportation and parking for persons with disabilities,
subsidies to mass media sources that make their services available to
the hearing or visually impaired, and free plots of land for the
construction of a home. The National Human Rights Program 2002-10,
adopted by presidential decree in January, contains provisions for
protection of the rights of children with disabilities.
In practice few special provisions were in place to allow persons
with disabilities access to transportation, public buildings, and mass
media. In addition, persons with disabilities often had difficulty
finding employment because of negative societal attitudes and high
unemployment among the general population. The lack of resources made
it difficult for persons with disabilities to receive adequate
education. Social facilities for persons with mental disabilities were
strained severely, because budgets have fallen and workloads remained
heavy.
The Government provided support to a network of enterprises
operated by the Society for Blind and Deaf. The Government also
supported education programs for persons with disabilities. Seventeen
blind students began studies in therapeutic massage at the Medical
Academy. Numerous NGOs worked to improve conditions and provide
services for children with disabilities.
National/Racial/Ethnic Minorities.--There were no further
developments in the March 2000 murder of Nigmat Bakakov, a leading
representative of the ethnic minority Uighur community. In February
arson was suspected in a fire that destroyed Bishkek's Uighur market.
There were no reports of violence or harassment of ethnic Uighurs
during the year.
There were reports of discrimination in the treatment of citizens
who were not ethnic Kyrgyz. Minorities alleged discrimination in
hiring, promotion, and housing and that government officials at all
levels favored ethnic Kyrgyz. The latest statistical data released in
August reflected the following ethnic breakdown of the population: 66.3
percent were Kyrgyz; 11.2 percent were Russians; 14 percent were
Uzbeks; 1.1 percent were Dungans (ethnic Chinese Muslims); and 1
percent were Uighurs. Other ethnic groups, including Tatars and
Germans, made up 6.4 percent of the population.
When President Akayev reassigned key government posts in late May,
he appointed Nikolai Tanayev, an ethnic Russian, as Prime Minister (see
Section 1.e.). The only ethnic Uzbek appointment was Deputy Minister of
Regional Development Bakhtiyar Fattahov.
According to participants at a May conference sponsored by the
Soros Foundation, the main concerns of ethnic minorities in the country
included limited representation in the executive branch of government,
nationalistic attitudes, and biased media coverage. On July 20, Jalal-
Abad businessman Kadyrjan Batyrov initiated an Assembly of Uzbeks to
express demands for political representation at national and local
levels and request greater cultural rights, such as Uzbek programs on
state television and more Uzbek schools.
The Constitution designates Kyrgyz as the state language, but it
provides for preservation and equal and free development of Russian and
other languages spoken in the country. Kyrgyz increasingly replaced
Russian, and the Government announced that by 2010 all government
documents are to be in Kyrgyz. Russian-speaking citizens (those who do
not speak Kyrgyz) also alleged that a ceiling exists in government
employment that precludes their promotion beyond a certain level. In
2001 President Akayev signed legislation that made Russian an official
language. Some otherwise qualified candidates were disqualified on the
basis of exams, the fairness of which was questioned. In June ethnic
Uzbeks sent a petition to the Government requesting that Uzbek be
granted the status of a state language.
Since independence more than 400,000 ethnic Russians have emigrated
(see Section 2.d.). In 2000 the Government signed a bilateral agreement
with Russia clarifying the legal status of citizens of one country
residing in the other country.
University education continued to be carried out largely in Russian
(although Kyrgyz instruction was available in some departments in some
universities where textbooks were available), so that Russian-language
capability remained an important skill for those who wished to pursue
higher learning.
Section 6. Worker Rights
a. The Right of Association.--The Labor Law provides for the right
of all workers to form and belong to trade unions, and there were no
reports that the Government tried to obstruct the formation of
independent unions. The Federation of Trade Unions of Kyrgyzstan, the
successor to the former official union, remained the only trade union
umbrella organization in the country, although unions were not required
to belong to it. In 2001, the most recent year for which figures were
available, the Federation had 980,400 members. According to the
Federation, approximately 94 percent of workers in the country belonged
to unions. There was one small independent union, the Union of
Entrepreneurs and Small Business Workers, whose membership reached
approximately 30,000.
The Federation was critical of government policies, especially
privatization, and their effect on working class living standards.
According to the Federation, the Government has taken no action in
response to this criticism. The Federation continued to regard itself
as being in a process of transition, during which it is adjusting its
relations with the Government, other unions in the countries of the
former Soviet Union, and other foreign unions. Growing numbers of
smaller unions were not affiliated with the umbrella organization.
The law protects union members from antiunion discrimination, and
there were no reports of discrimination against persons because of
union activities.
The law permits unions to form and join federations and to
affiliate with international trade union bodies; however, no meaningful
affiliation with international trade union bodies took place.
b. The Right to Organize and Bargain Collectively.--The law
recognizes the right of unions to negotiate for better wages and
conditions; however, there were no cases of workers exercising this
right during the year. Although overall union structure and practice
has changed only slowly from those of the Soviet era, there was growing
evidence of active union participation in state-owned and privatized
enterprises. The Government set the minimum wage, after which each
employer set its own wage level.
While the right to strike was not codified, strikes were not
prohibited. There were no retaliatory actions against strikers, nor
were there instances of abuse directed specifically at unions or
individual workers. In early February, architectural design instructors
at the Kyrgyz State University of Construction, Transport, and
Architecture held a 4-day strike protesting the suspension of their
salaries and the university administration's personnel policy. Their
demands were met after the strike was reported in the local media. In
mid-February, traders from 3 markets in Karakol held a 1-day strike
protesting a local tax increase and demanding a reduction in fees for
bazaar facilities. The head of the local district administration met
with the strikers, but no further information was available about the
status of their demands. In early October, local employees of the
Turkish Entes company, involved in the reconstruction of the Osh-
Bishkek highway, held a strike protesting a 3-month suspension of their
wages. The strikers' demands were met after local authorities became
involved in the case.
There were Free Economic Zones (FEZs) that were used as export
processing zones. The minimum wage law does not apply to the
approximately 3,000 workers in ordinary FEZs.
c. Prohibition of Forced or Bonded Labor.--The law forbids forced
or bonded labor, including by children; however, there were reports
that such practices occurred (see Section 6.f.). The press reported
that Kyrgyz citizens were forced to work without pay on tobacco farms
in Kazakhstan.
Schools required children to participate in the tobacco harvest--
some fields were located on school grounds--and the income earned went
directly to the schools, not to the children (see Section 6.d.). The
Government undertook additional initiatives to help protect minors from
forced labor; however, since the budget was facing severe funding
constraints, many children who were entitled to receive help did not
receive it.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Labor Code provides for the protection of children
from economic exploitation and from work that poses a danger to their
health, or spiritual, physical, mental, or academic development. The
minimum age for employment varied with the type of work, but was no
lower than 14. According to the Labor Code, the minimum age for basic
employment was 18. This was consistent with the age for completing
educational requirements.
The Labor Code is contradictory in the requirements it sets for the
minimum age of employment of youths in work that could harm their
physical and moral well being (e.g., employment in casinos, bars, and
night clubs). Article 285 states that such work is prohibited for those
under age 21; however, Article 319 prohibits such employment for those
under age 18. According to the Labor Code, children under the age of 16
are permitted to perform strenuous work with parental consent. However,
minors younger than age 18 could not work in underground conditions.
For children between ages 14 and 16, Article 319 sets the maximum daily
hours of work at 5 to 7 hours, respectively; children under 16 could
not work during night shifts. These laws also applied to children with
disabilities who work. A July 2 decree banned the employment of persons
under 18 in a wide variety of categories of employment involving
difficult or dangerous conditions, including work in such sectors as
the metal or oil and gas industries, mining and prospecting, food
industry, entertainment, and machine building. The National Human
Rights Program for 2002-10 also contains provisions aimed at
eradicating exploitative child labor.
Child labor was a problem and was becoming more widespread both in
towns and rural areas. According to participants in a September
conference on child labor, child laborers were prevalent in the
following sectors: Construction, prostitution, narcotics, tobacco,
cotton, rice, cattle breeding, heavy industry, gasoline sales, car
washing, shoe cleaning, retail sales of tobacco and alcohol, and work
involving pesticides and chemicals. Since many children worked for
their families or were ``self-employed'' in such occupations as selling
newspapers, pushing handcarts at markets, and selling cigarettes and
candy on the streets, it was difficult for the Government to determine
whether their work schedules and environment conformed to government
regulations. Families traditionally were large, and they considered it
necessary at times for children to work at an early age to help support
the family on the family farm or in the family business.
According to reports from various NGOs, child labor was
particularly evident in the South. During the fall, classes were
cancelled, and children were sent to fields to pick cotton. During the
summer, children worked during the tobacco harvest and were involved in
all steps of production from the actual picking of the leaves to the
preparation for shipping. Children also were involved in family
enterprises such as shepherding, bread baking, selling products at
roadside kiosks, and growing fruits and vegetables.
The procurator's office and the State Labor Inspectorate were
responsible for enforcing employers' compliance with the Labor Code
laws. During the year the State Labor Inspectorate received $10,400
(500,000 soms) in state budget funding and had a total of 64 inspectors
throughout the country. The Legislative Assembly established a special
commission on education, women's affairs, the family, and minors that
oversees the legal protection of the interests of minors whenever new
laws are discussed in Parliament. Compliance with the labor code was
enforced by trade unions; however, given its budget constraints and
lack of resources, the Government was unable to enforce the child labor
laws adequately. Although those employers caught violating the Labor
Code may be charged with disciplinary, financial, administrative, or
criminal penalties, the punishment was usually minimal. In recent
years, the State Labor Inspectorate usually conducted 15 to 20 child
labor inspections annually. The Federation of Trade Unions also had the
right to carry out child labor inspections when it received a
complaint.
The Government supported several social programs to prevent the
engagement of children in exploitative child labor. Araket, a national
poverty reduction program, provided financial support for low-income
families. New Generation, a children's rights program, worked to define
suitable working conditions for children and to introduce new methods
of monitoring employers' compliance with labor legislation. Various
ministries and local government officials met in September to discuss
implementation of the program.
The Government has not ratified International Labor Organization
(ILO) Convention 182 on the worst forms of child labor and the
country's laws and regulations do not define such forms of labor the
same way as the ILO.
The law prohibits forced and bonded labor by children; however,
some tobacco fields were located on school grounds, and schools
required children to participate in the harvest. The income earned went
directly to the schools, not to the children (see Section 6.c.).
e. Acceptable Conditions of Work.--The Government mandated the
national minimum wage. During the year, the legal minimum wage was
approximately $2 (100 soms) per month. In practice this wage was
insufficient to ensure a decent standard of living for a worker and
family. However, industries and employers generally paid somewhat
higher actual minimum-level wages. According to official statistics,
the lowest salaries paid in 2001, $15 (734 soms) per month, were in the
field of medicine. The Federation of Trade Unions was responsible for
enforcing all labor laws, including the Law on Minimum Wages; minimum
wage regulations largely were observed. Although, the enforcement of
labor laws was nonexistent in the growing underground economy, market
forces helped wages in the unofficial sector keep pace with official
wage scales.
The standard workweek was 41 hours, usually within a 5-day week.
For state-owned industries, there was a mandated 24-hour rest period in
the workweek.
Safety and health conditions in factories were poor. A
deterioration in enforcement of existing regulations continued to
hamper investment to improve health and safety standards. The State
Inspectorate of Labor was responsible for protecting and educating
workers as well as informing business owners of their respective rights
and responsibilities. The law establishes occupational health and
safety standards, as well as enforcement procedures. Besides government
inspection teams, trade unions were assigned active roles in assuring
compliance with these laws, but compliance was uneven among businesses.
During the last 3 years, the State Labor Inspectorate carried out 3,400
inspections for all types of labor issues and detected approximately
17,000 violations. Workers had the legal right to remove themselves
from unsafe working conditions; however, in practice refusal to work in
situations with relatively high accident rates or associated chronic
health problems could result in loss of employment, although only if
informal methods of resolution failed.
f. Trafficking in Persons.--The law does not address specifically
trafficking in persons; however, trafficking was a persistent problem.
Government officials facilitated, or were complicit in, trafficking.
There was no law specifically prohibiting trafficking in persons;
however, existing laws could be used to prosecute traffickers for
kidnaping, trading in children, recruiting persons for exploitation,
coercion into prostitution, rape, and deprivation of freedom. The
maximum sentence for those prosecuted under these laws was 15 years;
however, the very few traffickers who were caught received lenient
sentences or fines.
Accurate and comprehensive information on the number of persons
convicted for trafficking-related offences during the year was not
available. According to the Government, four criminal cases were
initiated in connection with illegal recruitment of persons during the
year. In addition, there were 28 criminal cases (on charges of
illegally crossing the border) brought against 31 persons who were
potential victims of trafficking. The Government did not actively
investigate specific cases of trafficking or provide any specialized
training for trafficking investigations. Law enforcement bodies
considered trafficking under the umbrella of ``contraband'' or
organized criminal groups and did not target trafficking specifically.
A lack of coordination between government agencies involved in
migration issues, the obscure wording of laws regarding trafficking,
and corruption contributed to the problem. The Government did not
extradite citizens charged with trafficking in other countries.
On April 21, President Akayev signed Presidential Decree 94
authorizing implementation of a national countertrafficking plan. The
decree created a national council responsible for coordinating
government efforts to implement the program. However, the Government
lacked adequate resources to implement many aspects of the program.
The Government agencies involved in antitrafficking efforts were
the Ministry of Foreign Affairs, the Ministry of Interior, the National
Security Service, the Ministry of Health, the State Procurator's
Department, the State Agency of Migration, and the State Committee for
Tourism, Sport and Youth Policy. The Government created an Inter-
Ministerial Council after the release of a 2001 IOM report to develop a
plan of action to combat trafficking. The Council recommended that the
Government cooperate with other governmental ministries and
departments, as well as with international organizations, NGOs, and
Interpol. Local NGOs stated that the Government did not cooperate with
these groups to help assist victims although, according to Sezim, the
General Procurator's Office cooperated in the past with Sezim and
indicated a desire to increase cooperation. However, many observers
stated that there appeared to be an overall lack of understanding of
trafficking problems in the Government and inadequate training of law
enforcement officers in identifying and fighting trafficking.
According to the IOM, approximately 4,000 women and 7 boys were
trafficked abroad in 1999. No estimates were available for subsequent
years; however, the IOM reported that it dealt with several cases of
trafficking during the year. The country was primarily a source and
transit point for trafficked persons, although there were a few reports
of the country being a destination for women trafficked as prostitutes.
According to the Ministry of Internal Affairs, 65 prostitutes from
Uzbekistan and Tajikistan worked in the cities of Osh and Batken.
According to the IOM, the country has become a transit point for
individuals trafficked mostly from South Asia, China, and Afghanistan
to the West. The exact number of those in transit was unknown. The
country was a source for trafficked women and girls, largely to the
United Arab Emirates, Turkey, Germany, and China, for the purpose of
prostitution. Government and NGO data also indicated that women could
have been trafficked to India, Iran, Sweden, Malaysia, Hong Kong, South
Korea, Qatar, Italy, Luxembourg, Denmark, and Poland.
The IOM reported some instances of trafficking of children for
prostitution and labor. A flourishing sex trade draws girls as young as
age 10 from destitute mountain villages. According to the IOM, the sex
trade involved trafficking abroad. The extent of this problem was
unknown.
The Bishkek Migration Management Center (an independent NGO) and
the State Agency of Migration estimated that between 500 and 5,000
persons, mostly poor farmers from the South, also may have been
trafficked to Kazakhstan as forced laborers on tobacco plantations. An
agreement drafted by the Legislative Assembly Committee on Kyrgyz Labor
Migration, aimed at protecting the rights of Kyrgyz laborers in
Kazakhstan, was under consideration by the Government. The local press
also carried reports of Kyrgyz forced laborers trafficked to the United
States.
Groups targeted by traffickers included young under- or unemployed
women who were unable to earn a living, particularly ethnic Slavic
women under the age of 25. Poor economic conditions, high unemployment,
particularly in the South, and gender inequality made young women and
poor workers vulnerable to traffickers who exploited them by offering
lucrative jobs abroad. Often women were trafficked through deception
and lured abroad, at times by means of newspaper advertisements, under
the pretext of legitimate employment. Women responding to job offers
for waitresses, au pairs, or dancers could find themselves abroad
without documents or money for return tickets and forced to work for
their traffickers. Internet marriage agencies also reportedly recruited
young women with false offers of marriage to foreigners.
The IOM reported that traffickers were often persons who previously
operated local prostitution networks. They used networks of returnees,
family members, and friends to recruit victims. The IOM also indicated
that tour agents, restaurants, and nightclubs supplemented their
activities by providing young women to foreign prostitution rings. In
July the MVD's migration services division reported that eight
recruitment firms registered in the country advertised their services
in helping women find work abroad but did not ask for any special
qualifications. The IOM uncovered 28 trafficking firms by year's end.
Observers widely believed that some government authorities might
have facilitated or otherwise been complicit in trafficking activities.
In 1999 and 2000, 11 law enforcement officers were accused of preparing
fraudulent documentation for trafficked women, and criminal proceedings
were instituted against 3 of the accused officers. The results of the
proceedings were unknown, although there was no evidence that the
officers were tried.
According to NGOs, victims in destination countries often had their
identification documents taken away, were punished with gang rape if
they tried to resist or escape, and were denied medical treatment.
NGOs reported that the Government deported foreign victims of
trafficking. According to an NGO, TAIS-Plus, three Uzbek women who had
been sex workers were deported to Uzbekistan in 2001. The IOM reported
that women working in the UAE were often deported to Azerbaijan. Many
of those who transited the country were abandoned by the traffickers
and lived in hiding out of fear of being discovered by authorities. The
OSCE and IOM reported that many of those who returned from commercial
work overseas stated that they were forced to pay bribes to law
enforcement officials to avoid imprisonment. According to NGOs, the
Government did not assist trafficking victims with any special services
or care facilities and did not provide funding to foreign or domestic
NGOs for services to victims. The Government did not provide assistance
to its repatriated nationals who were trafficking victims.
International NGOs that were involved in trafficking issues
included the IOM and OSCE. The IOM conducted a series of workshops for
law enforcement officers. A number of NGOs--including Women's Support
Center, TAIS-Plus, Sotsium, Sezim and Umut--provided legal, medical,
and psychological counseling and assistance and economic aid to victims
of trafficking. Several media articles raised public awareness of the
problem.
The IOM, OSCE, and local organizations sponsored various preventive
programs. In January the OSCE and IOM produced antitrafficking public
service announcements. The IOM held numerous roundtables and workshops
to increase awareness among the Government, nonprofit, tourism, and
media sectors. The Women Support Center distributed brochures in Kyrgyz
and Russian targeting women who may be approached about going abroad.
__________
LATVIA
Latvia is a parliamentary democracy. The Prime Minister, as chief
executive, and the Cabinet are responsible for government operations.
The President, as Head of State, is elected by the Parliament. The
Parliament elected Vaira Vike-Freiberga to a 4-year term in June 1999.
The October 1998 elections for the 100-seat Parliament and the national
referendum to amend the Citizenship Law to meet European standards were
free and fair. The Constitution provides for an independent judiciary;
although there was some improvement in the quality of the judiciary,
significant problems, including inefficiency and allegations of
corruption, remained.
The security apparatus consists of the national police and other
services--such as the Special Immigration Police and the Border
Guards--who are subordinate to the Ministry of Interior, municipal
police who are under local government control, the military
Counterintelligence Service and a protective service which are under
the Ministry of Defense, and the National Guard--an element of the
national armed forces--which also assists in police activities.
Civilian authorities generally maintained effective control of the
security forces. The Constitution Protection Bureau is responsible for
coordinating intelligence activities. Members of the security forces,
including police and other Interior Ministry personnel, committed human
rights abuses.
Privatization essentially is complete, although some large utility
companies remained in state hands including the national electric
company, railroads, and shipping. Two-thirds of employment and 60
percent of gross domestic product is now in the private sector. The
country has a population of approximately 2.5 million. The currency
remained stable and was traded freely; unemployment was 7.9 percent,
and annual inflation was 3 percent.
The Government generally respected the human rights of its citizens
and the large resident noncitizen community; however, there were
problems in some areas. Members of the security forces, including the
police and other Interior Ministry personnel, sometimes used excessive
force and mistreated persons. In most instances, the Government took
disciplinary measures against those responsible. Prison conditions
remained poor. Lengthy pretrial detention was a problem. The
inefficient judiciary did not always ensure the fair administration of
justice. Violence against women was a problem, and women were
discriminated against in the workplace. Child prostitution and abuse
were problems. There were some reports of discrimination on the basis
of ethnicity. Trafficking in women and girls for the purpose of
prostitution was a problem. Reform of the country's political and
economic structure led to an invitation in December to join the
European Union (EU) in May 2004. Latvia was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Fifteen members of the army's Special Operations Unit were
convicted in May in connection with the hazing death of a conscript in
2001. The ringleader was sentenced to 3 years probation, and the other
14 soldiers received suspended sentences. In addition, the army's anti-
hazing program was fully established.
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 members of the security forces used
excessive force and mistreated persons.
The Government took action against those responsible for the abuse
of prisoners. According to the National Human Rights Office (NHRO),
which records and investigates allegations of abuse of prisoners, 32
prisoner complaints were received during the year, of which 9 were
resolved, 1 was dismissed, and the remainder were pending resolution.
There were credible reports of police violence. In one case, two
officers were accused of beating an individual who was subsequently
hospitalized. The officers have been suspended pending resolution of
the case. On another occasion, members of Parliament demanded a written
report regarding the videotaped beating of a suspect by police. In this
case, the victims chose not to file a complaint, and no charges were
brought against the officers.
Prison conditions remained poor, although progress continued in
renovating older facilities. The Central Prison Administration opened a
newly renovated wing at the Riga Central Prison during the year.
Overcrowding remained a problem, particularly in facilities that housed
prisoners awaiting trial, which were at 110 percent of capacity. In
2001 the Government enacted ``temporary regulations'' designed to ease
the conditions for those held in such detention facilities, including
restrictions on the number of occupants per cell and the continuation
of the physical rehabilitation of older prisons. Government figures
indicated that regular prisons were filled to 85 percent of overall
capacity. Despite efforts by the Central Prison Administration,
inadequate sanitation facilities, a persistent shortage of medical
care, and insufficient lighting and ventilation were common problems;
all stemmed from a lack of resources. During the year, the NHRO
received 51 complaints regarding treatment by guards in prisons and
other places of detention; these complaints were forwarded to the
appropriate government offices for action. The Government, as well as
human rights groups, remained concerned regarding the high number of
drug-resistant tuberculosis cases, and the Government received
assistance from several foreign organizations to address this problem.
Due in part to action by prison authorities, the number of such cases--
including primary and acquired multi-drug resistant tuberculosis cases
at Riga Central Prison Hospital--continued to decline. The overcrowding
at Riga Prison Hospital eased during the year.
Efforts to improve the criminal code progressed; a draft of the new
code was circulated prior to its scheduled submission to Parliament in
early 2003. Lengthy pretrial detention of juveniles remained a problem;
however, the number of such detainees decreased (see Section 1.d.). In
2001 the President visited the Brasas Detention Facility and publicly
criticized the conditions in which the juveniles were incarcerated and
the length of their pretrial confinement. Female prisoners were held
separately from male prisoners, and juveniles were held separately from
adults. Overall 43 percent of all prisoners in the country were
awaiting trial at year's end (see Section 1.d.). Unlike convicted
criminals, persons in pretrial detention were not allowed to work or go
to school, had limited contact with outside NGOs or family, and
suffered from considerably worse living conditions than prisoners in
general. Pretrial detainees were held separately from convicted
criminals.
The Government permitted independent human rights observers to
visit prisons. Domestic groups, such as the Latvian Center for Human
Rights and Ethnic Studies, closely monitored prison conditions during
the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, at times the
Government did not respect these prohibitions in practice. The law
requires the Prosecutor's Office to make a formal decision whether to
charge or release a detainee within 72 hours after arrest. Charges must
be filed within 10 days of arrest. The courts have responsibility for
issuing arrest warrants. Detainees have the right to have an attorney
present at any time. These rights are subject to judicial review but
only at the time of trial. According to credible reports, these rights
were not always respected in practice, especially outside of Riga.
According to Ministry of Interior personnel, detainees awaiting
trial spend an average of 2 years in prison, but in practice pretrial
detention could last much longer. More than 43 percent of all inmates
were in pretrial detention. On November 1, the Ministry of Justice
implemented changes to the Criminal Procedures Code limiting pre-trial
detention to no more than 18 months from the first filing of the case,
and amendments limiting the detention period for minors were also
enacted. As a result of these changes, 91 persons were released from
detention. The number of minors held at the Brasas facility dropped
from 192 in 2001 to 58 by year's end.
The law prohibits forced exile, and there were no reports that the
Government employed it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, while training and increased
compensation resulted in some improvements in the quality of the
judiciary, significant problems, including inefficiency and allegations
of corruption, remained. In December both the President and the
Minister of Justice called for improvements in the qualifications of
the judiciary. The Constitution provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
The judicial structure is composed of district (city) courts,
regional courts, which hear appeals from district courts, the Supreme
Court, which is the highest appeals court, and the Constitutional
Court. The Constitutional Court is a seven-judge panel that is
authorized to hear cases regarding constitutional issues at the request
of state institutions or individuals who believe that their
constitutional rights were violated. For more serious criminal cases,
two lay assessors join the professional judge on the bench at the
district and regional levels.
Corruption in the judicial system was allegedly widespread. On
December 3, the Justice Minister stated that the new Anti-corruption
Bureau should investigate the actions of judges suspected of
corruption. In November the European Court of Human Rights (ECHR)
issued a ruling in the long-running case of Aleksander Lavent, who had
been convicted in August of offenses involving the collapse of his
bank. The ECHR ruled that the Government violated Lavent's rights to
liberty and security, that the courts had not been independent and
impartial, and that Lavent had been denied the right to a fair hearing
within a reasonable period of time. The Government was ordered to pay
Lavent's court costs, but no punitive damages were imposed.
Most judges have inadequate judicial training, and the court system
is too weak to enforce many of its decisions. A major difficulty in
enforcing court decisions is the lack of an effective bailiff or
sheriff system. The law allows for alternative punishments, including
community service; however, the courts rarely used alternative
punishments.
Lengthy pretrial detention was a problem (see Section 1.d.). During
the year, the NHRO reviewed 143 cases regarding the right to a fair and
timely trial. By year's end, a domestic human rights NGO recorded four
complaints regarding the right to a fair and public trial within a
reasonable time. An outdated and time-consuming judicial process, the
lack of plea-bargaining, and a shortage of judges have so overloaded
the courts that the average case takes 2 years to reach judicial
review.
Court decisions were not published systematically, nor was there a
centralized index for those that were published. Trials may be closed
if state secrets might be revealed or to protect the interests of
minors. All defendants have the right to hire an attorney, and the
State lends funds to indigent defendants for this purpose. Defendants
have the right to read all charges, confront all witnesses, and may
call witnesses and offer evidence to support their case. They also may
make multiple appeals.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. The law requires
that law enforcement authorities have a judicial warrant to intercept
citizens' mail, telephone calls, or other forms of communication. The
laws protecting privacy apply to citizens and noncitizens equally.
There were no credible reports of the unsanctioned wiretapping of
telephone conversations.
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. The Press Law prohibits censorship
of the press or other mass media; however, the Law on the Media
contains a number of restrictive provisions regulating the content and
language of broadcasts. At least 51 percent of television broadcasts
must be of European origin, of which 40 percent should be in the
Latvian language; however, these provisions were not always
implemented. In addition, foreign investment may not exceed 20 percent
of the capital in electronic media organizations.
Both Latvian and Russian language newspapers published a wide range
of political criticism and viewpoints. Most newspapers and magazines
were owned privately. A large number of independent television and
radio outlets broadcast in both Russian and Latvian, and the number of
persons receiving satellite television broadcasts continued to
increase.
The Government generally did not restrict access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the authorities may not prohibit
public gatherings; however, organizers of demonstrations must provide
advance notice to local authorities, who may change the time and place
of public gatherings for such reasons as fear of public disorder. The
law also requires protesters to remain specified distances from foreign
diplomatic missions, the Parliament, the Prosecutor's Office, and
certain other public institutions. Independent human rights
organizations argued that the law's provisions were contradictory and
confusing. Nevertheless, numerous demonstrations took place peacefully
and without government interference during the year.
The Constitution provides for freedom of association, and the
Government generally respected these rights in practice; however, the
Law on Registering Public Organizations bars the registration of
Communist, Nazi, or other organizations whose activities would
contravene the Constitution. Noncitizens may join and form political
parties, but there must be at least 200 citizens in the party, and at
least half of the total membership must be citizens (see Section 3).
More than 40 political parties were registered officially.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, bureaucratic problems for minority religions
persisted.
There is no state religion; however, the Government distinguishes
between ``traditional'' (Lutheran, Roman Catholic, Orthodox, Old
Believers, Baptist, and Jewish) and ``new'' religions.
Although the Government does not require the registration of
religious groups, the law accords religious organizations certain
rights and privileges when they register, such as status as a separate
legal entity for owning property or for other financial transactions,
as well as tax benefits for donors. Registration also eases the rule
for public gatherings.
According to Ministry of Justice officials, most registration
applications are approved once proper documents are submitted; however,
the law does not permit simultaneous registration of more than one
religious union (church) in a single confession, and the Government has
denied applications on this basis.
Visa regulations require that religious workers present either an
ordination certificate or evidence of religious education that
corresponds to a Latvian bachelor's degree in theology. The visa
application process still is cumbersome; however, difficulties in this
area diminished, and Citizenship and Migration Department officials
worked to ease the situation. The Government cooperated to resolve
several difficult visa cases in favor of missionary workers.
Foreign evangelists and missionaries are permitted to hold meetings
and to proselytize, but the law stipulates that only domestic religious
organizations may invite them to conduct such activities. Foreign
religious denominations criticized this provision.
The law provides that religion may be taught to students in public
schools on a voluntary basis only by representatives of the Evangelical
Lutheran, Roman Catholic, Orthodox, Old Believers, Baptist, and Jewish
religions. The State provides funds for this education. Students at
state-supported national minority schools also may receive education on
the religion ``characteristic of the national minority'' on a voluntary
basis. Other denominations may provide religious education in private
schools only.
Property restitution has been substantially completed. An agreement
between the Observant and non-Observant Jewish communities opened the
way to settling the status of the properties remaining.
Relations between the various religious communities were generally
amicable. Ecumenism remains a new concept in the country, and
traditional religions have adopted a reserved attitude toward the
concept. Although government officials encouraged a broader
understanding of and acceptance of newer religions, suspicions remained
regarding newer nontraditional faiths.
Ethnicity is only indicated in citizen passports at the bearer's
request (see Section 5). Jews are considered an ethnic group and are
listed as such, rather than as Latvian, Russian, or other.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
The law stipulates that registered permanent resident noncitizens
enjoy the right to establish and change residences, travel abroad, and
return to the country; however, certain rights are denied to noncitizen
residents (see Section 3). They are prohibited from working as armed
guards or criminal trial attorneys. Noncitizens may own land only under
complex procedures but may not purchase land in the border zones. The
law also provides for the issuance of a noncitizen travel document that
certifies these rights. The Government has readmitted noncitizens who
claimed refugee status in a foreign country or who voluntarily
abandoned their permanent residence and then decided to return to the
country to live and work. Noncitizens who left the country as refugees
during the Soviet era had no difficulty returning on foreign refugee
travel documents for business reasons or for family visits. The
Government also extends protections to noncitizen residents who travel
abroad.
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. The Government cooperated with the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. Special immigration police and
border guard units help prescreen asylum requests. Decisions of the
Citizens and Migration Affairs Office may be appealed to the Asylum
Appeals Board in the Ministry of Justice. The issue of provision of
first asylum did not arise during the year. According to statistics
provided by the immigration police, 6,314 undocumented aliens were
identified at the border; most were denied entry. A total of 254
illegal immigrants were apprehended (219 within the country and 35 at
the border), of whom 132 departed voluntarily and the rest were
deported. The Government has approached Russia and Belarus about
concluding refugee readmission agreements, the lack of which posed a
major barrier to effective control of the eastern border; however, no
such agreements had been concluded by year's end.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Free and fair elections for Parliament were held on
October 5. Candidates from 6 of the 20 participating parties,
representing a broad political spectrum, won seats in Parliament, and
72.5 percent of eligible voters participated. In June 1999, the
Parliament elected the President.
The election law prohibits persons who remained active in the
Communist Party or various other pro-Soviet organizations after January
1991, or who worked for such institutions as the former Soviet
Committee for State Security, from seeking elected office. Noncitizens,
most of whom are ethnic Russians, are not allowed to vote; however,
many ethnic Russians are Latvian citizens and may vote (see Section 5).
Noncitizens may join and form political parties, but there must be at
least 200 citizens in the party, and at least half of the total
membership must be citizens (see Section 2.b.).
In April the ECHR ruled that the Government had violated the rights
of Ingrida Podkolzina, an ethnic Russian citizen, to free elections and
awarded her $7,500 (12,300 lats) for non-pecuniary damage and $1,500
(2,460 lats) for legal costs and expenses. In 1998 the Central Election
Commission denied Podkolzina the right to stand for election to
Parliament on the grounds that she did not possess an adequate command
of Latvian, despite the fact that she held a valid certificate
attesting that she spoke Latvian fluently. The ECHR declined, however,
to rule, on the validity of the basic law itself. In May the Parliament
rescinded the Latvian language requirements of the local and
parliamentary laws, which had required a higher level of Latvian
language proficiency for voters than was required for citizenship.
In October 18 women were elected to the 100-member Parliament, and
a woman chaired the Parliament. There were two women in the 15-member
Cabinet of Ministers. The President is a woman.
There are no ethnic restrictions on eligibility to hold political
office. Nonethnic Latvians, including ethnic Russians and Poles, served
in various elected bodies.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A growing number of domestic and international human rights groups
devoted to research and advocacy on human rights issues, including
prison conditions and women's and children's rights, generally operated
without government restriction. Several organizations dealt with issues
of concern to local noncitizens and other nonethnic Latvians and
presented such concerns to the courts and the press. The Government
engaged in dialog with NGOs working on human rights issues and was
generally responsive to their views. A number of NGOs provided
assistance to those who wished to complain about police abuse or abuse
in prisons (see Section 1.c.).
The NHRO is an independent governmental institution with a mandate
to promote human rights, provide information on human rights,
investigate individual complaints, and initiate its own investigations
into alleged violations. The office acted as a general ombudsman on
social issues and handled a variety of individual complaints, primarily
concerning problems with receiving social benefits.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
According to the Constitution, all citizens are equal under the
law. Amendments to the Constitution passed by Parliament in 1998
provide for the protection from discrimination due to race, sex,
language, or disability; however, discrimination against women in the
workplace was a problem.
Women.--Although no overall statistics were available, observers
reported that domestic violence against women, often connected with
alcohol abuse, was significant and underreported. Police did not
compile figures for domestic violence as a distinct category. Instead,
episodes were placed under more general categories such as assault or
battery. During the year, 93 rape cases were reported. Women who were
victims of abuse often were uninformed about their rights and were
reluctant to seek redress through the justice system. Human rights
groups asserted that the legal system, including the courts, tended to
downplay the seriousness of domestic violence and that the police were
reluctant at times to make arrests in such cases.
There are no shelters designed specifically for battered or abused
women. There is one shelter in Riga where homeless women with children
may reside for up to 2 months. There are no specific rape or assault
hot lines; however, NGOs managed two crisis hot lines.
Prostitution was widespread and often was linked to organized
crime. The Government estimated that 3,000 persons worked as
prostitutes. Prostitution is legal; however, procuring is not, but the
NHRO reported that adult prostitutes had no legal protections. There
are no state institutions to assist prostitutes; however, the private
Latvian Center for Gender Problems provided medical help and social
support for prostitutes. Trafficking in women for prostitution was a
problem (see Section 6.f.).
Sexual harassment of women in the workplace, although illegal,
reportedly was common. Cultural factors tended to discourage women from
coming forth publicly with complaints of abuse.
Women possessed the same legal rights as men. The Labor Code bans
employment discrimination; however, in practice women frequently faced
hiring and pay discrimination, especially in the emerging private
sector. The Labor Code also prohibits women from performing ``hard jobs
or jobs having unhealthy conditions,'' which are specified in a list
agreed upon by the Cabinet and labor unions. According to the Central
Statistics Bureau, the number of women in the lower income brackets
exceeded the number of men by 75 percent, while men outnumbered women 2
to 1 in upper income levels. The Ministry of Welfare established a 1-
person office to deal with gender problems.
A new labor law prohibits work and pay discrimination based on
gender and requires employers to set equal pay for equal work. The law
also defines workplace gender-based discrimination.
Women's advocacy groups--growing in size and number--were involved
in finding employment for women, lobbying for increased social
benefits, and assisting victims of domestic abuse.
Children.--The law on the rights of the child and constitutional
provisions on children provide for various protections, including
health care and legal protections against physical abuse; however,
these provisions were not enforced fully in practice. Schooling is
mandatory through the 9th grade, between the ages of 7 and 16, and free
through the 12th grade, or age 18. Despite the existence of laws on
mandatory education, truancy was widespread and growing. There is a
national Center for the Protection of the Rights of the Child. A few
children's advocacy groups were active, particularly in lobbying for
legislation to protect children's rights and for increased welfare
payments for children.
Law enforcement authorities have won court suits to remove children
from abusive parents and secured convictions in child molestation
cases; however, evidence suggested that abandonment and child abuse,
including sexual abuse, were relatively widespread, as was child
prostitution. An estimated 12 to 15 percent of prostitutes were between
the ages of 8 and 18. Although in theory the Constitution and the law
protect children, these rights were enforced only sporadically in the
case of child prostitutes. Trafficking in young girls for prostitution
abroad increased (see Section 6.f.).
The Dardedze Center Against Abuse, opened in Riga in 2001,
continued to provide support to abused children. The center offered
multidisciplinary treatment and rehabilitation to victims of child
abuse and their families. The center also has a forensic interview room
where victims can be interviewed in a secure environment and their
testimony directly transmitted to a courtroom.
Persons with Disabilities.--The Constitution provides for the
protection of persons with disabilities against discrimination; the law
provides for their right of access to public facilities. Provisions in
the Labor Law and other laws aim to protect persons with disabilities
from bias in the workplace and from job discrimination. There is no
governmental or societal bias against persons with disabilities. In
1998 the Cabinet adopted a framework document entitled ``Equal
Opportunity for Everyone,'' which was designed to coordinate the
efforts of all branches of government in assisting persons with
disabilities; however, lack of funding has limited its effectiveness.
The Government supported special schools for persons with disabilities.
The law requires buildings to be accessible to wheelchairs;
however, the Government did not enforce the law uniformly and most
buildings were not wheelchair accessible. However, some larger cities,
including Riga and Ventspils, have undertaken an extensive wheelchair
ramp building program at intersections.
National/Racial/Ethnic Minorities.--Approximately 1 million
residents are of non-Latvian ethnicity, including more than 700,000
ethnic Russians, 100,000 ethnic Belarussians, almost 64,000 ethnic
Ukrainians, and more than 60,000 ethnic Poles. More than 74 percent of
the country's inhabitants are citizens, including nearly 400,000
persons who belong to national or ethnic minorities. There are
approximately 583,000 resident noncitizens, of whom an estimated 68
percent are Russian; 12 percent, Belarussian; 9 percent, Ukrainian; and
smaller percentages of Poles, Lithuanians, Jews, Roma, Germans, Tatars,
Estonians, and Armenians. Due to the Russification policy pursued
during the Soviet era, ethnic Latvians constitute only 56 percent of
the population, and 78 percent of citizens--and less than 40 percent of
the population in three of the country's seven cities, including the
capital city of Riga. The country's Romani community nearly was
destroyed during the Holocaust. While the community received some
support from the Government, high levels of unemployment and illiteracy
were problems.
Effective this year, citizen passports no longer identify the
ethnicity of the bearer. Should the bearer choose, ethnicity may be
identified by an amendment on the second page (see Section 2.c.).
Following the restoration of independence in 1991, citizenship was
accorded immediately only to those persons who were citizens of the
independent Latvian Republic in 1940 and their direct descendants.
After independence the status of approximately 670,000 persons, mostly
ethnic Russians, changed from citizens of the Soviet Union to
noncitizen residents in Latvia. Since 1995 a total of 58,145 persons
have become citizens: 23,000 were naturalized in 2000 and 2001, and an
additional 9,000 were naturalized during the year. To facilitate the
naturalization process, the Government reduced significantly the
naturalization fee and accepted high school level language certificates
as sufficient for naturalization purposes. To increase the rate of
naturalization, in 2001 the Latvian Naturalization Board implemented an
advertising campaign in cooperation with the Organization for Security
and Cooperation in Europe (OSCE), the U.N. Development Program, and
other international donors.
The Citizenship Law includes a Latvian language and residence
requirement for those seeking to naturalize, as well as restrictions on
the naturalization of former Soviet intelligence and military
personnel. The law also requires applicants for citizenship to renounce
previous non-Latvian citizenship, to have knowledge of the Constitution
and Latvian history, and to pledge allegiance to the country. According
to Naturalization Board figures, nearly 95 percent of applicants passed
the citizenship tests on the first attempt. Children of noncitizens
born after August 1992 are entitled to citizenship upon application.
International observers, including the resident OSCE mission, credited
the Government with establishing a competent and professional
Naturalization Board with offices throughout the country to implement
the law and generally applying the law fairly. However, international
experts, government officials, and domestic human rights monitors
agreed that the country must continue to place high priority on and
devote sufficient resources to implementing the citizenship law in a
fair and impartial manner, as well as seek ways to expedite
naturalization and promote social integration.
The Language Law regulates the uses of language that affect public
safety, health care, protection of the consumer, and labor rights and
requires that documents submitted to the Government be translated into
Latvian, except in cases of emergency, including company reports and
records. In a public event co-organized by the State, one of the
working languages must be Latvian. Labels and user instructions for
goods sold must be in Latvian, although other languages may be present
as well. However, the implementation of this law remained a matter of
public debate and continued international attention.
The Government financially supported education in both Latvian and
Russian, as well as in eight other minority languages. However, under
the revised Education Law, the Government continued to implement a
bilingual education program at the elementary school level, with the
goal of facilitating the transition to Latvian-language secondary
schools by 2004. Although all non-Latvian-speaking students in public
schools were supposed to learn Latvian and to study a minimum number of
subjects in Latvian, there was a shortage of qualified teachers. State-
funded university education is in Latvian, and incoming students whose
native language is not Latvian must pass a language entrance
examination. However, several private institutions offered higher
education in Russian.
Section 6. Worker Rights
a. The Right of Association.--The law stipulates that workers,
except for the uniformed military, have the right to form and join
labor unions of their own choosing; however, the Government's ability
to protect the right to organize in the private sector was weak. Union
membership was approximately 240,000 out of a workforce of 800,000.
Free elections for union leadership are held every 4 years.
Unions are free to affiliate in confederations, and there was one
such confederation in the country. Unions also are free to affiliate
internationally and have established contacts with European labor
unions and international labor union organizations.
b. The Right to Organize and Bargain Collectively.--Labor unions
have the right to bargain collectively and are generally free of
government interference in their negotiations with employers.
Collective bargaining agreements were common and were negotiated by
industry or company. The law prohibits discrimination against union
members and organizers. While not widespread, discrimination occurred
within individual companies.
The law does not limit the right to strike, but there were no major
strikes during the year. The law bans the dismissal of employees who
have invoked the right to strike. No cases of such dismissals were
reported.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred. Inspectors from the Ministry of Welfare's
State Labor Inspection Board or Inspectorate were responsible for
enforcing the law.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The statutory minimum age for employment of children is 15
years, although children between the ages of 13 and 15 years may work
in certain jobs outside of school hours. The law restricts employment
of those under the age of 18; for example, by banning night shift or
overtime work. Enforcement of child labor laws was lax.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The monthly legally mandated
minimum wage was approximately $98 (60 lats), far below the amount that
trade union officials described as the bare minimum necessary for
survival; it did not provide a decent standard of living for a worker
and family. The actual average monthly minimum wage (the calculation of
which includes wages of part-time employees and agricultural workers)
was $286 (176 lats).
The Labor Code provides for a mandatory 40-hour maximum workweek
with at least one 42-hour rest period weekly, 4 weeks of annual
vacation, and a program of assistance to working mothers with small
children. The laws establish minimum occupational health and safety
standards for the workplace; however, these standards frequently are
ignored. Workers have the legal right to remove themselves from
hazardous work situations without endangering their continued
employment; however, these standards also frequently were ignored in
practice.
f. Trafficking in Persons.--There is no law that specifically
prohibits all forms of trafficking, although a 2000 Criminal Code
revision makes it illegal forcibly to send a person to a foreign
country for the purpose of sexual exploitation. On December 11, the
Government signed the U.N. Protocols to Prevent, Suppress and Punish
Trafficking in Persons and Against the Smuggling of Migrants.
Trafficking in women for the purpose of prostitution was a problem (see
Section 5).
During the year, there were 14 cases of trafficking, of which 6
were referred to the courts for prosecution and 8 remained under
investigation at year's end.
Over the last 2 years, the Government allocated more resources
towards combating trafficking in persons. There is a high-level working
group on trafficking, and the Ministry of Interior, which includes the
State Police and the Citizenship and Migration Department, is the
principal government ministry involved in the trafficking problem. Also
participating in the working group are representatives from the
Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of
Welfare, and the National Center for the Protection of the Rights of
the Child. The Government has allocated funds to increase the number of
police officers tasked with fighting prostitution and trafficking.
However, NGOs were concerned that the Government had not developed a
strategy for focusing on the problem.
Latvia was primarily a country of origin and transit for trafficked
victims rather than a destination, although no exact statistics were
available. The main countries of destination were Germany, Switzerland,
Denmark, Spain, Greece, Italy, the United Kingdom, and to a lesser
extent Cyprus and Israel. Statistics released by European police
services indicated that the number of Latvian women involved as victims
of trafficking increased. In 2001 a total of 186 women (not all
necessarily involved in trafficking) were deported back to the country.
According to authorities in Germany, Switzerland, Sweden, and Denmark,
Latvian women made up a disproportionately high number of the women
engaged in prostitution in those countries as well as a high number of
trafficked women in those countries. There were undocumented reports
that trafficking in women (including minors) for prostitution abroad
increased (see Section 5).
Traffickers, primarily organized criminal groups, usually lured
victims through offers of false employment in European countries. A
large number of victims were drawn from the economically depressed
areas of eastern Latvia. Other victims were recruited through job
advertisements, modeling agencies, travel agencies, and nightclubs.
There are virtually no trafficking victims assistance programs in
the country. Upon returning to the country, victims of trafficking were
not singled out for governmental or societal abuse or mistreatment, and
they can return home. Genders was the primary NGO involved in working
with prostitutes, and two NGOs have begun operations to educate
adolescents regarding trafficking issues. Throughout the year, several
NGOs, particularly the International Organization for Migration (IOM)
sponsored several conferences on Trafficking. In addition, IOM
sponsored an aggressive advertising campaign warning of the dangers of
accepting attractive employment offers from abroad. The posters were
prominently displayed in bus stops and other public venues.
__________
LIECHTENSTEIN
The Principality of Liechtenstein is a constitutional monarchy and
a parliamentary democracy. Prince Hans-Adam II is the head of state;
all legislation enacted by the popularly elected Parliament (Landtag)
must have his concurrence. The Parliament elects and the Prince
appoints the members of the Government. The judiciary is independent.
The Interior Ministry maintained effective control of the regular
and auxiliary police forces, which were responsible for internal and
external security. There was no standing military force. There were no
reports that security forces committed human rights abuses.
The country has a prosperous, highly industrialized, free-
enterprise economy with a vital services sector. It participates in a
customs union with Switzerland and uses the Swiss franc as its national
currency. As a member of the European Economic Area (EEA), its 32,883
citizens enjoy a very high standard of living. The gross domestic
product (GDP) in 2001 was approximately $1.8 billion. There were no
serious economic disparities. Unemployment remained low at 1.2 to 1.4
percent.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. There were instances of violence
against women. The Government continued to work to eliminate societal
discrimination against women. Liechtenstein was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Men and
women were held separately. Facilities were available to hold juvenile
prisoners separately from adults in a pretrial detention facility, but
there were no cases of juvenile imprisonment during the year. If a
juvenile offender were to be convicted of a crime requiring
imprisonment, the prisoner also could be transferred to a youth
facility in Austria. Pretrial detainees were held separately from
convicted criminals.
The Government permitted visits by independent human rights
monitors. A Representative of Justitia et Pax visited prisoners twice a
month; however, the CPT did not conduct visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions. Within 24 hours of arrest, the police must bring
suspects before an examining magistrate who must either file formal
charges or order release. The law grants suspects the right to legal
counsel of their own choosing and counsel was provided at government
expense to indigent persons. Release on personal recognizance or bail
is permitted unless the examining magistrate has reason to believe that
the suspects are a danger to society or would not appear for trial.
Neither the law nor the Constitution prohibits forced exile, but
the Government did not employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system has three tiers: lower court; high court; and
Supreme Court. The court of first instance is the National Court. In
addition, an Administrative Court hears appeals against government
decisions. The State Court protects the rights accorded by the
Constitution, decides conflicts of jurisdiction between the law courts
and the administrative authorities, and acts as a disciplinary court
for members of the Government.
The Constitution provides for the right to a fair public trial, and
an independent judiciary generally enforced this right. Citizens had
the right to counsel and the right to appeal, ultimately to the Highest
Court (Oberstes Gericht). Trials involving minor offenses were heard by
a single judge, more serious or complex cases by a panel of judges, and
the most serious cases, including murder, by a public jury.
The Constitution authorizes the Prince to alter criminal sentences
or pardon offenders. However, if the offender is a member of the
Government and is sentenced for a crime in connection with official
duties, the Prince may take such action only if the Parliament requests
it.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights in practice. An independent press, an effective
judiciary, and a democratic political system worked together to ensure
freedom of speech and of the press. The law maintains and promotes
diversity in the media; in 2001 the Parliament appointed an independent
media commission to decide how to distribute approximately $600,000
(954,000 Swiss francs) in government subsidies to the media groups for
training or research programs dedicated to the promotion of news and
information.
Two daily newspapers were published, each representing the
interests of one of the two major political parties. There was one
weekly newsmagazine. One state and one private television station
broadcast, along with a private radio station, and residents received
radio and television broadcasts from neighboring countries. An
information bulletin also was issued by the third party (Freie Liste)
represented in Parliament.
There were no restrictions on access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution establishes the Roman Catholic Church as the
official state church, and its finances are integrated directly into
the budgets of the national and local governments. Under a 1998 interim
regulation, state contributions to the Catholic Church temporarily had
been paid into a blocked special account to be released when a new
agreement was found. The 1998 regulation expired January 1 before a
consensus had been reached. The Church thus again is entitled to the
State's annual contributions of $207,000 (300,000 Swiss francs) under
the terms of a 1987 law. The State's financial contributions for 1999,
2000, and 2001 were paid to the Church. The Government continued to
seek a wide consensus on this issue during the year.
Roman Catholic or Protestant religious education was compulsory in
all schools, but the authorities routinely granted exemptions for
children whose parents request them. Secondary school students were
allowed to choose between religious or cultural courses of study as an
interim solution.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
In 2000 voters approved a referendum that changed naturalization
requirements to facilitate the naturalization of long-term residents,
but it required that applicants relinquish their citizenship in other
countries. In 2001 627 immigrants were granted citizenship, compared
with 368 in 2000.
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 U.N.
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees. The Government provided first asylum; however,
since the country lacks an airport or international train station, it
received few requests. Although the number of asylum requests increased
following passage of the 1998 asylum law, asylum requests during the
year dropped to 91.
There were no reports of arbitrary arrests of asylum seekers or
foreigners.
A trilateral readmission agreement with Switzerland and Austria
came into effect in January 2001. The Government returns persons who
enter from Austria or Switzerland without permission to the respective
Swiss or Austrian authorities.
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 exercised this right in practice
through periodic, free, and fair elections.
The country is a constitutional monarchy and a parliamentary
democracy. The monarchy is hereditary in the male line. The 25-member
unicameral legislature is elected every 4 years. Suffrage was universal
for adults over age 18, and balloting was secret. Political parties
operated freely. Citizens regularly voted on initiatives and
referendums.
A constitutional reform bill to increase the executive powers of
the monarch failed to pass during the year. As a consequence, the
Prince decided to put his constitutional proposals to a popular vote
that is scheduled for March 16, 2003. The Prince pledged to abdicate to
Austria if citizens do not approve his plan.
There were 3 women in the 25-seat Parliament, and 1 in the Cabinet,
the Minister for Education, Transport and Communication, and Justice,
who has served since February 2001. A growing number of women were
active in politics. Women served on the executive committees of the
major parties.
In 2001 the Government took several steps to promote greater
participation by women in politics. Prior to the February 2001
parliamentary elections, the Government conducted two billboard
campaigns to promote female candidates, one encouraging women to run
for office, and another calling on voters to support female candidates.
In addition, the Government organized a series of workshops for female
parliamentary candidates.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
cooperative and responsive to their views.
The sole domestic local human rights organization, Justitia et Pax,
is an informal group of approximately 10 members who monitor prison
conditions and assist foreign workers with immigration matters. There
were also three domestic nongovernmental organizations (NGOs) focusing
on women's issues.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination on the basis of race, sex,
language, or social status, and the authorities generally enforced
these provisions. The law also prohibits public incitement to violence
or public agitation or insult directed against a race, people, ethnic
group, or state.
Women.--The law prohibits all forms of domestic violence, and the
Government generally enforces the law. According to the police, there
were 12 reported cases of violence against women during the year, of
which 8 male aggressors were prevented from reentering the family home
for 10 days, and 4 for a further period of 3 months. The Protection
from Domestic Violence law entered into force in February 2001. The
State may file charges without a complaint from the victim. Frauenhaus
stated that one out of five women was a victim of domestic violence.
A women's shelter provided refuge for 27 women and 39 children
during the year. The shelter provides refuge for noncitizens as well.
Annual government financing for the shelter was approximately $165,000
(240,000 Swiss francs). NGOs believed that, as in neighboring
countries, trafficking in women occurred; however, no specific cases
were documented during the year (see Section 6.f.).
Societal discrimination continued to limit opportunities for women
in fields traditionally dominated by men. Men earned more than women
and women generally did not receive equal pay for equal work. The
Constitution provides for women's rights, and includes a significant
number of laws to provide for equality of treatment among men and women
to eliminate discrimination and sexual harassment and to create
conditions that allow both men and women to combine work and family. A
new law entered into force in January 2001 that mandates the division
of retirement benefit claims in the case of divorce, under which the
benefit claims accrued during the time of marriage are split between
the parties, whether they worked outside the home or not. No case of
gender discrimination had been brought to court by year's end.
Each Spring the Government adopts an action plan to promote equal
opportunity for both women and men, and each Autumn the Government's
Bureau for the Promotion of Equal Rights for Women and Men publishes a
progress report. The 2002 action plan concentrated on women and
politics, family and income, and violence against women. These themes
were discussed during the second Women's Congress of Liechtenstein that
began in October. The Government also started a project with both Swiss
and Austrian neighboring regions to promote prevention and assistance
to victims of domestic violence. The joint project is scheduled to end
in March 2004.
In 1999 the Government signed the optional protocol to the U.N.
Convention on the Elimination of All Discrimination Against Women. The
protocol took effect on January 24.
Three women's rights groups were active. Frauenhaus Liechtenstein,
Fruehstueckstreffen fuer Frauen, and Infra (Informations-und
Kontaktstelle fuer Frauen) worked in areas of public affairs,
information, legal counseling, lobbying, and other political activities
(see Section 4).
Children.--The Government was strongly committed to children's
rights and welfare and funded a system of public education and health
care. The Government provided compulsory, free, and universal primary
school education for children of both sexes for 9 years, normally until
the age of 16. It provided free health care for children under the age
of 16.
The Government supported programs to protect the rights of children
and matched contributions made to the three NGOs that monitor
children's rights. The Office for Social Services oversaw the
implementation of government-supported programs for children and youth.
Possession of child pornographic material is a statutory offense.
The Government also extended the statute of limitation for sexual
offenses against children. A special police unit on computer crime
continued to monitor child pornography on the Internet; however, no
investigations were opened during the year. In September Liechtenstein
experts supported Swiss authorities in Genesis, an operation that
worked to eliminate a network of pedophilia in Switzerland and Europe.
During the year, two persons were convicted of child abuse in cases
concerning sexual acts between minors (children under 14) and young
adults (persons of 18 years).
In 2000 the Government established a Commission for the
Coordination of Professionals in Cases of Sexual Offenses Against
Children. The group consists of experts from different backgrounds and
focuses on assisting professionals (counselors, therapists, and
physicians) who deal with sexual offences against children. There was
no societal pattern of abuse against children.
Persons with Disabilities.--Although the law does not prohibit
discrimination against persons with disabilities, complaints of such
discrimination may be pursued in the courts. The law provides for
compensatory payments by the Government to companies that employ
persons with disabilities. The law increased opportunities for their
integration into the workforce and promoted their right to be self-
dependent. Persons with disabilities were not subject to discrimination
in the provision of state services nor was there societal
discrimination against them.
The Government requires that buildings and government services be
made accessible, and new public buildings generally met these
provisions; however, some older buildings had not fulfilled these
requirements.
National/Racial/Ethnic Minorities.--Rightwing extremists, known as
skinheads, were not publicly active during the year. On October 1, the
Government established a commission to address violence and advise the
Government on preventative measures. The commission attempted to raise
public awareness in order to address the problem of acts of violence in
the public areas such as schools and playgrounds.
On August 10, the police arrested four Hungarian skinheads at the
Austrian border. The police found approximately 250 neonazi stamps and
badges as well as 100 neofascist publications in their car that were to
be sold during a fascist meeting in the Swiss Zurich area. The four
skinheads later were deported to Hungary by way of Austria on criminal
offense charges of racist propaganda, and police authorities in
Budapest, Vienna, and Zurich were informed. The police also filed a
lawsuit against the skinheads on the grounds of racial discrimination,
as provided for under Article 283 of the criminal code. The case was
pending at year's end at the Public Prosecutor's office, and it was not
determined whether the case will be dismissed.
Shortly after the World Conference against Racism, Racial
Discrimination, Xenophobia, and Related Intolerance, held in Durban in
2001, the Government established a working group to implement the
conference's recommendation at the the national level under a National
Action Plan (NAP). The working group organized the first set of human
rights education classes for police officers during the year and these
training sessions have been proposed to extend to the entire national
administration as a whole as well as to the schools in 2003. As Foreign
Minister Ernst Walch previously had announced at the Durban World
Conference, the Government submitted to Parliament a draft to accept
the individual complaints procedure under Article 14 of the
International Convention on the Elimination of All Forms of Racial
Discrimination (to which the country is a State party).
In March an expert group to the Council of Europe's Commission
against Racism and Intolerance (ECRI) visited. The group met with
representatives of various ministries and public administrations as
well as with NGOs to research racism and intolerance in the country.
The report is scheduled for publication in 2003.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
including foreigners, are free to associate, join unions of their
choice, and select their own union representatives, and workers
exercised these rights in practice. Due to the country's small size and
population, there was only one trade union, which represented
approximately 13 percent of the work force; however, the union
protected the interests of nonmembers as well.
The law encourages the formation of unions but does not prohibit
antiunion discrimination. Instead it states that antiunion
discrimination should be avoided.
Unions were free to form or join confederations and were allowed to
affiliate with international bodies. The only union was a member of the
World Confederation of Labor but was represented on an ad hoc basis by
a Swiss union.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to organize and bargain collectively.
However, collective bargaining agreements usually were adapted from
those negotiated by Swiss employers and unions. In accordance with EEA
guidelines, domestic labor law requires that employers consult with
unions in cases of projected mass dismissals and submit employment
contracts in written form.
Workers have the right to strike except in certain essential
services. No strikes were reported during the year. The law does not
provide specific protections for strikers. Employers were allowed to
dismiss employees for serious offenses or for breach of contract, such
as having a complaisant medical certificate.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under 16
years of age. However, exceptions may be made for the limited
employment of youths age 14 and over and for those who leave school
after completing 9 years of compulsory education (see Section 5).
Children of ages 14 and older may be employed in light duties for not
more than 9 hours per week during the school year and 15 hours per week
at other times.
The Government devoted adequate resources and oversight to child
labor policies. The Department for Worker Safety of the Office of the
National Economy effectively supervised compliance with the law.
Inspections by the Department for Worker Safety were adequate. No
employers have been fined or imprisoned for violations of the law.
The Government has not ratified International Labor Organization
(ILO) Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work.--There was no minimum wage. In
2001 a total of 59 households depended on public welfare, to obtain a
yearly minimal income--set at $12,200 (17,720 Swiss francs) for a 1-
person household--and were considered working poor. A total of 474
households received public assistance in 2001.
The law sets the maximum workweek at 45 hours for white-collar
workers and employees of industrial firms and sales personnel, and 48
hours for all other workers. The law provides for mandatory rest
periods, and with few exceptions, Sunday work was not allowed. Workers
over the age of 20 received at least 4 weeks of vacation; younger
workers received at least 5 weeks.
The law sets occupational health and safety standards, and the
Department for Worker Safety of the Office of the National Economy
generally enforced these provisions. The law provides for a hearing in
cases in which workers removed themselves from dangerous situations.
The law provides for the right of workers to remove themselves from
work situations that endanger health or safety without jeopardy to
their continued employment.
f. Trafficking in Persons.--The law prohibits trafficking in
persons, and there were no reports that persons were trafficked to,
from, or within the country. However, some NGOs believe that, as in
neighboring countries, trafficking in women occurred without report.
Any person leading another into prostitution faces up to 6 months
in prison and/or heavy fines and up to 3 years in prison if the victim
was under 18. Independent prostitutes were tolerated as long as they
were confined to special salons, cabarets, or other private apartments.
The police undertook regular controls on the prostitutes' working
conditions and salaries, but acknowledged that many Swiss middlemen
employed women working in the country.
__________
LITHUANIA
Lithuania is a constitutional parliamentary democracy. The
Constitution establishes a 141-member unicameral Parliament; a directly
elected President; and a government whose ministers are nominated by
the Prime Minister, appointed by the President, and approved by the
Parliament. The Government exercises authority with the approval of the
Parliament and the President. The judiciary is independent.
A unified national police force under the jurisdiction of the
Interior Ministry is responsible for law enforcement. The State
Security Department is responsible for internal security and reports to
Parliament and the President. The police committed a number of human
rights abuses.
Since its independence in 1990, the country has progressed steadily
toward developing a market economy. The country has a population of
3.472 million. The Government continued to privatize the few remaining
large-scale enterprises, such as energy, gas, airline, and railroad
companies; most housing and small businesses have been privatized. The
largest number of workers (18.3 percent) worked in the manufacturing
sector.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police at times
beat or otherwise physically mistreated detainees and misused detention
laws. The Government made some progress in holding the police
accountable for abuses. Prison conditions remained poor, and prolonged
pretrial detention remained a problem. There were some restrictions on
privacy rights. Violence and discrimination against women and child
abuse were serious problems. There were some limits on workers' rights.
Trafficking in women and girls for the purpose of prostitution was a
problem. Reform of the country's political and economic structure led
to an invitation in December to join the European Union (EU) in May
2004. Lithuania was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
The Government continued to support the International Commission to
Investigate the Crimes of Nazi and Soviet Occupation Regimes in
Lithuania. The Commission, which includes historians, human rights
representatives, representatives of international Jewish organizations,
and both Lithuanian and foreign lawyers, produced reports that named
the killers of Soviet prisoners of war during the Nazi occupation,
described the destruction of the independent Lithuanian Army by the
Soviets in 1940-41, and investigated the Soviet occupation after World
War II. In June the Commission signed an agreement on cooperation with
the Ministry of Education and Science to implement a program of
holocaust and genocide education in the country's schools. In September
the Commission organized an international conference in Vilnius on the
Holocaust.
Since the restoration of independence, the Prosecutor General's
Office has acted on approximately 120 war crimes and genocide cases,
only 14 of them were for Holocaust-era crimes. Thirteen cases reached
the court, including the genocide cases against Aleksandras Lileikis,
who died without trial, and Kazys Gimzauskas, who was judged mentally
ill. The remaining 11 cases remained pending.
In May prosecutors initiated two genocide cases for the mass
killing of Jews from Seredzius in 1941 and for aiding in the killing of
thousands of civilians in 1941.
In June a court dropped the case against two former Soviet security
service agents due to mental illness and acquitted three other
suspects.
Other ongoing cases included: An investigation into the killing of
Jews in Seredzius in 1941, killing of 3,700 Jews in 1941, the
``Lietukis'' garage killings in Kaunas in 1941, the killings in
Zadeikiai forest in 1941, the killing of 20 Jews in Seirijai in 1942,
and 2 cases-involving 3 persons, all living abroad-of killings of Jews
and prisoners of war in Nazi-occupied Belarus during World War II.
Three cases were suspended pending responses to legal assistance
requests to foreign states.
The law permits trial in absentia in war crimes and genocide cases
when a defendant is in the country but unable to attend the proceedings
due to physical disability or when a suspect flees or hides from
justice in another country.
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, at
times police beat or otherwise physically mistreated detainees. Press
reports indicated that incidents of police brutality decreased, and
that victims were more willing to bring charges against police
officers.
From January to August, cases for abuse of power and abuse of
office were initiated against 10 police officers, and 2 of the officers
were convicted and sentenced. In November the Police Commissioner
General stated that 10 to 15 percent of all complaints about police
violence against suspects were justified and that police officers
committing such offenses were reprimanded or fired.
In June the media, many members of Parliament, and the President
criticized the police for overreacting against a pro-Tibetan group
during the Chinese President's visit. The police used force in pushing
demonstrators away from the sight of the Chinese delegation motorcade
and detained some peaceful demonstrators for several hours.
The Office of Inspector General and the Internal Investigation
Division at the Police Department investigate, on the orders of the
Minister of Interior, abuses committed by the police. Prosecutors and
the Parliament controller carry out independent investigations. By the
end of August, the controllers investigated 110 complaints--most of
them deemed justified--about the activities of Interior Ministry
personnel and the police. In a number of cases, the controllers
proposed to the relevant institutions that they take action or amend
laws.
Military personnel committed human rights abuses by hazing
recruits, despite efforts to end the practice, which was inherited from
the former Soviet armed forces. However, as living conditions improved
for military personnel, human rights violations committed by
noncommissioned officers declined. The Ministry of National Defense
does not publish statistics on hazing. From January to August, 16
criminal cases were filed for statutory violations, compared with 7
cases in all of 2001. In April the military police initiated a case
against a captain for abusing a recruit, and the captain was suspended
immediately. From January to August, the Seimas Controller investigated
four complaints against officials of the Ministry of National Defense
compared with six complaints in all of 2001. According to the Seimas
Controllers, the complaints were not related to hazing or abuse, and
the increase in the number of the criminal cases was likely due to
increased activity of the Inspectorate General of the Ministry.
According to the Ministry of National Defense, most trauma inflicted on
conscripts is psychological rather than physical. The 1999 disciplinary
statute sets procedures for the investigation of disciplinary offences,
provides for the right to appeal, and lists the types of punishments.
In June the Seimas approved a new Code on the Execution of
Penalties, which is based on the Criminal Code passed in 2000 and on
European and international human rights law. The new Criminal Code, the
Code on Execution of Penalties, and the Criminal Procedure Code passed
in March were scheduled to enter into force simultaneously in May 2003.
Prison conditions were poor and life threatening. Most of the 14
correctional institutions were overcrowded; however, two reconstructed
facilities are scheduled to open in 2003. In 2001 the number of drug
addicts (mostly using intravenous drugs) in prisons increased by 70
percent to 1,130, or 10 percent of all prisoners. As a consequence of
needle sharing, the number of HIV infected prisoners rose to over 300.
In May a sudden outbreak of HIV in the ``strict regime'' facility in
Alytus sparked a wave of hunger strikes, involving some 7,000 inmates
in many detention facilities around the country. The protests ended
after the Government took measures to prevent HIV infection from
spreading, satisfied some demands (for example, to allow personal linen
and food), and promised to improve living conditions, healthcare, and
food by 2003. Hunger strikes on a smaller scale occurred in March and
April.
In February Seimas controllers warned that prisoners awaiting
transfer to their places of confinement in the Lukiskes investigation
ward/prison suffered from overcrowding and poor sanitation. The media
reported that conditions were even worse in the Siauliai interrogation
and isolation ward, and in October Seimas controllers stated that
conditions there did not meet elementary standards of hygiene and human
dignity. From January to August, Seimas controllers received 27
complaints about prolonged transfers of suspects to interrogation
facilities (taking up to 10 hours in old rail carriages). Arrested and
detained persons generally suffered considerably worse living
conditions than did convicted persons. However, the Seimas controllers
noted that the problem of overcrowding in the poorly maintained police
custody facilities was resolved as individuals not able to pay
administrative fines were no longer placed in custody but, instead,
were sentenced to perform community service. In May the Ministry of
Health approved a new hygiene standard for 49 police custody
facilities, and 9 of these facilities met the new standard. In July the
Seimas amended the (old) Criminal Code, introducing parole for those
convicted for small offenses; as a consequence, the number of prisoners
declined and living conditions improved.
Few prisoners were involved in meaningful activities: Some 10
percent were involved in education, 18 percent performed paid labor in
state production outlets set up at correctional institutions, and 8
percent worked as prison general service workers as a means of
promoting future social integration. Prisoners were not forced to work.
A significant number of detainees reported mistreatment, abuse, and
violence. Unlike in the previous year, there were no reports of
torture. Public prosecutors and judges played a significant role in
combating abuse.
From January to August, 17 prisoners died (9 of natural causes, 4
by suicide, and 4 killed by other prisoners), compared with 27 deaths
(including only 1 homicide) in all of 2001. From January to August,
there were 175 injuries, 157 of them self-inflicted, due to abuse by
fellow inmates, depression, family problems, or as a form of protest
against sanctions by authorities. Also from January to August, there
were 22 criminal offenses committed in prison, compared with 34 during
all of 2001. Prison personnel were not accused of committing any
criminal offenses. From January to August, the Seimas controllers
investigated 182 non-criminal complaints (67 of them deemed justified)
about Prison Department personnel, mostly related to living conditions.
In September there were 11,345 prisoners, including 459 women, and 278
juveniles. The prisoner figure included 1,632 detainees, of whom 98
were women, and 115 juveniles. Women and men were held separately;
juveniles were held separately from adults; and pretrial detainees were
held separately from convicted criminals.
The Government continued efforts to reform the prison system;
however, progress has been slow. The Prison Department at the Justice
Ministry manages the correctional system. Funding of approximately
$0.65 (2.3 litas) covered only minimal needs for 3 meals per prisoner
per day. During the year, the budget allotted 2.5 percent more money
for running 14 correctional institutions than in 2001. Amendments to
the Criminal Code that are scheduled to enter into effect in 2003, the
Code of Criminal Procedure, and the Code of Penal Enforcement aim to
reduce the number of punishments that involve incarceration. The
Government was reconstructing three correctional facilities and was
also constructing a prison hospital at year's end.
The Government permits visits to prisons by independent human
rights observers, and there were such visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, there were instances of prolonged
pretrial detention.
Under the law, police temporarily may detain suspects for up to 48
hours, based upon reliable evidence of criminal activity and approval
by an investigator or prosecutor. Bail in theory is available, but it
was not used widely. The parole and probation system begins when the
new Criminal Code enters into force in 2003. The Constitution provides
for the right to an attorney from the moment of detention (see Section
1.e.). Detainees have the right to inform a close relative of their
situation, the right of access to a lawyer, and the right to health
care.
Pretrial detention applies only in the case of felonies and when it
is impossible to prevent flight, or to allow unhindered investigation.
A local judge, acting on a prosecutor's request, may order longer
pretrial detention, which can last up to 6 months and may be extended
by a district judge using the same procedure for periods not to exceed
18 months in total (see Section 1.e.). In 2001 detainees on average
awaited trial for 5 months. In September a court extended one person's
summary pretrial detention period beyond 18 months. Unlike last year,
the Prison Department reported that there were no persons whose summary
preverdict detention exceeded 18 months. The Seimas controllers pointed
out several occasions of detention of persons in police custody beyond
the 15-day limit provided by law; the regular place of such detention
is the poorly maintained isolation wards (see Section 1.e.).
In March the European Court of Human Rights (ECHR) ruled that the
Government violated the right of the presumption of innocence for
former Member of Parliament and Minister of Defense Audrius
Butkevicius. In 1997 Butkevicius was charged with several counts of
corruption on the basis of information from the State Security
Department. Also in March, the ECHR ruled that the Government had
violated the rights of businessman Arvydas Stasaitis by imprisoning him
without a court order on several occasions from 1996 to 2000. Stasaitis
had been charged with large-scale financial crimes.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The Law on Courts, as revised in May, further
strengthened the courts' independence.
The Constitution and the Law on Courts provide for a four-tier
court system: The Supreme Court; the Court of Appeals; district courts;
and local courts. The local courts are tribunals of first instance for
all cases that are not assigned to some other court by law. The
Constitution also provides for a Constitutional Court and specialized
courts for administrative, labor, family, and other purposes.
The Constitutional Court, at the request of the President, members
of the Parliament, the Government, or the judiciary, reviews the
constitutionality of laws and other legal acts, as well as that of
actions by the President and the Cabinet. The main function of
administrative courts is to investigate the legality and validity of
administrative acts and conflicts in public administration and
taxation. Administrative courts may perform judicial review of
documents regulating the implementation of laws, except decisions by
the Cabinet of Ministers. The Ministry of Justice continued to move
towards a system of specialization of judges in district and local
courts.
There are no special family courts, but judges in the district
courts hear juvenile criminal cases and cases related to children's
rights (for example, domestic adoption and paternity matters).
If the ECHR determines that courts have violated the European
Convention on Human Rights, the Supreme Court Chairman may order a
retrial of a case by the Supreme Court. In October 2001, the right to
appeal for a retrial in criminal cases was expanded to include the
persons whose rights were violated, their representatives, and the
Prosecutor General.
The Civil Code that entered into force in 2001 complies with the
requirements of the European Convention on Human Rights and takes into
account the jurisprudence of the ECHR. In 2003 a new Criminal Procedure
Code is scheduled to take effect that would grant judges broader rights
such as an active role in court investigation and collection of
evidence.
The Law on Commercial Arbitration provides for the establishment of
arbitration institutions. The law provides for private dispute
resolution by an arbitration tribunal, either organized by a permanent
arbitration institution or by the parties themselves.
The Prosecutor General exercises oversight responsibility for the
whole judiciary through a network of district and local prosecutors who
work with investigators to prepare evidence for the courts.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. The Constitution
provides for the right to legal counsel for defendants. In practice the
right to counsel was abridged by the shortage of trained lawyers, who
found it difficult to cope with the burgeoning numbers of criminal
cases brought before the courts. The law provides for legal assistance
for indigent persons, but in practice such legal assistance was not
always available. By law defense advocates have access to government
evidence and may present evidence and witnesses. The courts and law
enforcement agencies generally honored routine, written requests for
evidence. By law a judge may decide to hold a closed trial in a limited
number of circumstances. Amendments to the Criminal Process Code--
adopted in April--allow appeals of the actions of prosecutors,
investigator, and interrogators throughout the preliminary
investigation up to the district court level.
The parliamentary ombudsman reported that there were a limited
number of cases of prolonged pretrial detention without a judge's
decision in violation of the law (see Section 1.d.). According to the
ombudsman, in a typical case, judges and prosecutors wrongly
interpreted the law to mean that pretrial detention can be extended
automatically when a case is submitted to a court of law. In March the
ECHR ruled that in 1997 the Government violated the right to a just
trial and the right to a defense in the case of three individuals
involved in a prison riot. They were convicted on the basis of evidence
given by anonymous witnesses who also participated in the riot. In June
the Supreme Court reversed its decision and the Appeals Court verdicts
related to the three individuals, and the sentences for participating
in the riot were annulled.
The ECHR found no violation of rights in the 2000 case of former
Kaunas police commissioner Satsys Sipavicius who had complained that he
did not have sufficient time to prepare a defense against charges of
abusing his powers in a smuggling case.
There were no further developments regarding the 2001 petition sent
by 11,500 farmers to the ECHR complaining about the Government's
failure to pay subsidies.
The prison department faulted a slow justice system that cannot
bring cases to trial expeditiously for the pretrial detention problems.
The Government continued to address concerns that periods of detention
were excessive. The Prosecutor General and prosecutors continued to
monitor the investigation of cases, and additional and better-qualified
judges were hired.
Government rehabilitation of over 50,000 persons charged with anti-
Soviet crimes during the Stalin era led to reports in 1991 that some
persons who allegedly were involved with crimes against humanity during
the Nazi occupation had benefited from this rehabilitation. A special
judicial procedure was established in 1997 to examine each case in
which an individual or organization raised an objection that a
rehabilitated person may have committed a crime against humanity. From
1997 to September, claims to ``de-rehabilitate'' 166 individuals were
submitted to the Supreme Court, and 117 of them were sustained, making
those individuals ineligible for some social welfare benefits.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
there were reports that the Government did not respect these
prohibitions in practice. The authorities did not engage in
indiscriminate or widespread monitoring of the correspondence or
communications of citizens; however, with the written authorization of
a prosecutor or judge, police and security service personnel may engage
in surveillance and monitoring activities on the grounds of national
security. Except in cases of hot pursuit or the danger of disappearance
of evidence, police must obtain a search warrant signed by a prosecutor
before they may enter private premises.
It was assumed widely that law enforcement agencies had increased
the use of a range of surveillance methods to cope with the expansion
of organized crime. In March the ECHR ruled that the Government
violated prisoner Alvydas Puzinas' right to confidentiality in his
personal correspondence by reading his correspondence without approval
of the court. Pursuant to a 2001 change in the law, prisoners'
complaints to courts, the Parliament controller, and human rights
groups have not been censored, and censorship of their correspondence
by prison authorities has been relaxed. A court permit is required for
search and seizure of correspondence during investigations. After an
intervention by Seimas controllers, the police custody regulations were
amended to include provisions about correspondence rights. The Criminal
Process Code that is scheduled to take effect in 2003 would prohibit
interference with privacy, family, home, correspondence, and
communication.
From January to August, the State Data Protection Inspectorate,
which works to bring the data protection system up to European
standards, conducted 46 investigations, examined 14 complaints, and
provided numerous consultations. The 2001 Civil Code and the Criminal
Code scheduled to take effect in 2003 provide for enhanced protection
of the right to privacy. However, human rights groups were concerned
about increasing violations of privacy laws by the media and business
and by increased violations on monitoring of the Internet. In September
the Constitutional Court ruled that some provisions of the
Communication Law, the Criminal Process Code, and the Operational
(covert) Activities Law requiring telecommunications operations to
register calls without court sanction violate the right to privacy.
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.
The independent print media continued to flourish and included a
wide range of newspapers and magazines. Radio and television included a
mix of public and private stations.
The Constitution prohibits the censorship of either print or
broadcast media and restrictions on disclosure, unless the Government
determines that national security is involved. Under the media law, the
media created a special ethics commission and an ombudsman to address
complaints and seek conciliation in potential libel cases. The
Parliament funded an Ombudsman's Office.
In October the Constitutional Court ruled that a court may order
journalists to reveal their sources if refusing to do so would violate
other values protected in the Constitution. The court also ruled that
the media may publish information about the private life of a public
figure without permission if it does not harm the person or if this
information is important to society.
The Government did not restrict access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly and association, and the
Government generally respected these rights in practice; however, the
Communist Party of Lithuania and other organizations associated with
the former Soviet regime continued to be banned.
c. Freedom of Religion.--The Constitution provides for religious
freedom, and the Government generally respected this provision in
practice. There is no state religion; however, some religious groups
enjoy government benefits not available to others.
The Constitution divides religious communities into state
recognized traditional groups and others. However, in practice a four-
tier system exists: Traditional, state recognized, registered, and
unregistered communities. The Law on Religious Communities and
Associations stipulates that nontraditional religious communities may
be granted state recognition if they are ``backed by society'' and have
been registered in the country for at least 25 years. Both traditional
and state recognized communities may receive state subsidies, although
only the traditional ones received the subsidies regularly. They did
not have to pay social and health insurance for clergy and other
employees, they may register marriages, and they were not subject to
tax on such services as electricity, telephone, and heat. Only the
clergy and theological students of traditional communities were exempt
from military service; only their top leaders were eligible for
diplomatic passports. They may also have military chaplains and had the
right to establish subsidiary institutions. Only traditional
communities had the right to teach religion in state schools and to buy
land to build churches (other communities can rent land). Religious
communities registered by the Ministry of Justice constituted the third
status group; they do not receive regular subsidies, tax exemptions,
social benefits, or military exemptions enjoyed by traditional and
state recognized communities, but they may act as legal entities and
thus rent land for religious buildings. There were also unregistered
communities. They had no juridical status or state privileges, but
there were no reports that any such groups were prevented from
worshiping or seeking members.
The law provides that only religious instruction of traditional and
other state-recognized religious communities may be taught in state
educational institutions. At the request of parents from these
communities, schools may offer classes in religious instruction. In
practice parents can choose classes in religious instruction or classes
in ethics for non-religious education.
A commission established in 2000 to investigate whether the
activities of religious, esoteric, or spiritual groups comply with the
law has taken no action and appeared unlikely to do so.
Activities of foreign missionary groups within the country were not
restricted.
In 2001 amendments to the Law on Religious Communities and
Associations took effect to provide funding from the national budget
for the educational institutions of traditional religious
organizations. The Government's Department of European Law criticized
the amendments as discriminating against non-traditional religious
communities and associations.
Under 1995 legislation on property restitution, the Catholic
community has been more successful than most other religious
communities in having its property returned. Some religious property,
including 26 synagogues, was returned to the Jewish community, mostly
from 1993 to 1996. Early this year, the Government established a
commission on communal property restitution to identify property
eligible for restitution and propose amendments to the religious
communities' property restitution law so that the Jewish secular
community (the majority of Lithuanian Jews) can benefit from the
restitution process. The Government and Vilnius city also established a
program for rebuilding parts of the Jewish quarter in Vilnius. The
project will use private funds, and the Jewish community will be given
parts of the reconstructed buildings.
In the past several years, the country's Jewish communities have
expressed concern over an increase in anti-Semitic remarks made by
extremist and a few, more mainstream, politicians. For example, in
April during the commemoration of the Holocaust Day in the Parliament,
the xenophobic anti-Semitic Lithuanian Freedom Union party issued a
statement criticizing the Government for ``kowtowing before the Jews''
in its efforts to return communal property to the Jewish community,
while the Lithuanian Christian Democratic Party leaders said that the
Jewish community should not receive special treatment. The political
leadership of the country and the national press generally criticized
anti-Semitic statements when they occur.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
In September the President signed new provisions of the Law on
Citizenship allowing emigrants to retain Lithuanian citizenship. Jewish
and Polish minorities criticized the provisions because they create
special conditions enabling ``ethnic Lithuanian'' emigrants to retain
dual citizenship but do not allow this for local minorities when they
``repatriate'' to their ``homeland'' (for instance, Jews to Israel,
Poles to Poland, or Russians to Russia).
The law provides for the granting of asylum and refugee status in
accordance with the provisions of the 1951 U.N. Convention Relating to
the Status of Refugees and its 1967 Protocol. The Vilnius
Administrative Court hears asylum appeals. The Court receives
assistance from the U.N. High Commissioner for Refugees (UNHCR). The
Government cooperated with the office of the UNHCR and other
humanitarian organizations in assisting refugees. In January amendments
to the Law on Asylum Status established that an asylum seeker coming
from a secure third country could not enter the country. The right of
an asylum seeker to appeal a decision denying entry into Lithuania is
limited. From January to August, 31 persons (mostly from the Russian
province of Chechnya) applied for asylum. From 1997 to 2001, more than
1,000 asylum requests were filed; 63 persons received refugee status,
and 409 persons received a residence permit on humanitarian grounds.
On November 6 and 8, the Border Service expelled to Belarus 26
Chechens, mostly women and children, who had illegally entered the
country. The UNHCR expressed concern over the expulsion of the
Chechens--who planned to apply for asylum--stating that the action
violated the 1951 U.N. Convention Relating to the Status of Refugees
and international customary law. The UNHCR also expressed concern over
the country's tightened admission policies for asylum seekers from
areas of armed conflicts or instability.
In 2001 the Government adopted new regulations on the living
conditions of foreigners temporarily housed at the registration center
for foreigners in Pabrade (44 individuals, including 6 children, lived
there in August) and a refugee reception center for asylum seekers in
the town of Rukla (which housed 59 persons, including 24 children, in
August). Living conditions in both centers were good.
In recent years, irregular immigration decreased dramatically due
to improved border control, stricter laws against human smuggling, and
more effective detention and return of migrants to their countries of
origin.
The Government continued its efforts to stop illegal migrants by
negotiating readmission agreements with Russia and Belarus. In November
Russia stated that it was prepared to readmit illegal migrants prior to
the mid-2003 scheduled signing of a readmission treaty.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Of 141 seats in the Parliament, 71 are elected
directly, and 70 are elected through proportional representation. Only
those parties that receive more than 5 percent of the total ballots (or
7 percent for coalitions) are allowed representation in the Parliament.
In 1998 independent candidate Valdas Adamkus was elected President.
Presidential elections are held at least every 5 years. In December
municipal elections and the first round of presidential elections took
place. The Social Democratic Party (SDP) came in first in the municipal
election, followed by the Conservative Party and the Union of New
Democracy and Peasant Parties, although the Liberal Union party was
strongest in the three largest cities. There were 17 candidates in the
first round of the presidential elections, and incumbent President
Adamkus and Member of Parliament Rolandas Paksas qualified for a runoff
to be held in January 2003. After the October 2000 general elections,
Liberal Union Party leader Rolandas Paksas was sworn in as Prime
Minister as part of a coalition government; however, in 2001 the
coalition broke up. The new Union Party, the Liberals' major coalition
partner, forged an alliance with the SDP, and in July 2001 the SDP and
former President Algirdas Brazauskas was sworn in as Prime Minister.
There were 14 female parliamentarians in the 141-seat Parliament
elected in October 2000, compared with 24 in the previous Parliament.
There were 3 female ministers in the 14-member Cabinet, compared with 1
in the previous Cabinet.
There were 12 members of Parliament of Russian, Polish, and
Belarusian ethnic origin.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. The Association for the
Defense of Human Rights in Lithuania, the Human Rights Association in
Lithuania, and the Lithuanian Center for Human Rights are the major
human rights groups.
The Division of Human Rights of the Department of International Law
and European Integration in the Ministry of Justice monitored law and
legal practice to determine whether they are in accord with the
country's international obligations. The European Law Department of the
Government also reviews draft legislation.
There are three ombudsman institutions. The Parliament's
controllers investigated complaints of the abuse of power by public
servants. The controllers had the right to forward their cases for
prosecution, to initiate a reprimand or removal from office of public
servants, to initiate a compensation claim, to propose changes in laws
and rules, and to inform the Parliament and the President about their
findings. The Office of the Equal Opportunities Ombudsman exercised
similar functions for complaints of discrimination and sexual
harassment. The Office of the Ombudsman for Children's Rights
controlled the implementation of relevant laws, oversaw local
children's rights protection services, and investigated complaints of
abuse.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
disability, or ethnic background; however, discrimination against women
in employment and other areas persisted.
Women.--Violence against women, particularly domestic violence,
reportedly was common, especially in connection with alcohol abuse by
husbands. Official statistics on the incidence of abuse of women in the
home are not reported separately from other categories of assault.
Institutional mechanisms for coping with this problem developed slowly,
and the law does not criminalize specifically domestic violence. If
such violence takes place in the home, the victim must file a
complaint. Few such complaints were filed, because women preferred to
avoid publicity and were not confident that the courts will punish
their assailants. Thirteen women's shelters provided assistance to
victims of violence. In March a study by the Women's Information Center
indicated that 80 percent of women experienced psychological abuse in
the workplace or at home, 35 percent experienced physical violence, and
17 percent were sexually abused. The law specifically prohibits rape.
From January to August, 116 rapes were reported, compared with 176
rapes during all of 2001. Persons convicted of rape generally received
sentences of from 3 to 5 years in prison.
Prostitution is illegal but not prohibited under the Criminal Code.
The penalty for prostitution is limited to a fine of $85 to $140 (300-
500 litas) for a first offense. Trafficking in women for the purpose of
prostitution was a problem (see Section 6.f.).
The Constitution provides for equal rights for men and women;
however, women continued to face discrimination. The Office of the
Ombudsman for Equal Opportunities of Women and Men is an independent
agency, accountable to the Parliament, which oversees the
implementation of the law and investigates complaints concerning
violations of gender discrimination and sexual harassment. The
ombudsman also has some enforcement powers in this regard, and the new
Criminal Code contains criminal sanctions for discrimination or
harassment. Since June the Law on Equal Opportunities provides for
positive discrimination (affirmative action) towards women and forbids
indirect discrimination and discrimination in the service sector. This
law resulted from a project that began in April with U.N. assistance to
reduce racial and other discrimination.
Official policy requires equal pay for equal work. Women make up
about one-half of the employed population, and in the first quarter of
the year, they received on average pay that was 81.4 percent that of
male employees. Women were underrepresented significantly in some
professions, business, and the managerial sector as a whole.
Significant inequalities in society based on gender continued, but
recent surveys and studies indicated that conservative views about the
role of women were declining--a trend also reported by the media.
From March 2001 to August, the ombudsman received 90 complaints and
initiated more than 10 investigations. Most of the complaints concerned
discrimination against men due to problems in ``old'' legislation that
has not been brought into line with more current anti-discrimination
law and discrimination against women in the workplace. The ombudsman
again submitted amendments to the Labor Code and, together with women's
organizations, continued a public awareness campaign. The number of
registered violations of the equal opportunities law by state
institutions again decreased substantially. However, enforcement of the
law in private businesses remained a problem.
Children.--The Government was committed to children's rights and
welfare; it amply funded a system of public education and medical care.
The Government provided compulsory, free, and nearly universal
education for children through the age of 15. In 2001 only 1.1 percent
of children in this age group did not attend school. The Government
provides school transportation for children in the countryside and low-
cost health care for all children. The Civil Code that entered into
force in 2001 addresses relations between parents and children;
however, the Government did not always implement its obligations in
practice.
In 2001 approximately 7,000 children lived in institutions, and
approximately 8,000 were in foster homes. A 2001 law on defending
children against parental violence gives authorities the right to
remove children from the family and place them in the care of a
temporary guardian. The Government continued to replace the Soviet-
style orphanage (boarding) schools with residential homes, which
permitted children to attend regular schools.
Child abuse was a problem. The ombudsman reported that assistance
for children who experienced abuse was insufficient. Abuse among
children in four state correctional institutions for children who
commit crimes and in one isolated prison for persons 16 to 18 years old
declined, due to reorganization and improving prison conditions. Seimas
Controllers reported that abuse of children in police arrest facilities
was rare, but violence among juveniles remained a problem.
Child abuse in connection with alcohol abuse by parents also was a
problem. The prevalence of authoritarian values in family upbringing
discouraged more active measures against child abuse. The press
reported increases in cruelty to children, including sexual abuse,
intentional starvation, beatings, and killings. The penalties for
violence and cruelty against underage persons are prison terms of 1 to
2 years. Authorities reported that 4 children were killed by their
parents during the first 8 months of the year, and 16 were killed
during 2001.
The Penal Code provides for up to 3 years' imprisonment for sexual
abuse and from 1 to 4 years' imprisonment for exploiting children in
the production of pornography. There were no registered cases of
exploitation of children for purposes of pornography. From January to
August, 34 cases of sexual abuse of children were registered (excluding
rapes, for which separate data for children is not available), compared
with 35 cases in all of 2001. A government operated children's
rehabilitation center provided special care for sexually abused
children.
Several thousand children reportedly lived ``on the street.'' Sixty
children's rights protection agencies, other institutions, and NGOs
routinely identified these children and, if they did not have parents
or if their parents abused their parental obligations, placed them in
foster homes or care institutions. In May the Government allocated
$170,000 (600,000 litas) to a childrens day care program; in 2001 there
were 77 such centers caring for approximately 2,000 children.
Trafficking in girls for the purpose of prostitution was a problem
(see Section 6.f.).
The Children's Rights Ombudsman Institution controls the
implementation of relevant laws and conventions, oversees children's
rights protection institutions, investigates complaints, and advises
the Government on improving the protection and legal interests of the
child. From January to August, the ombudsman received approximately 300
complaints and initiated 4 investigations, primarily involving the
action (or inaction) of state and local organizations, violence against
children, family matters, execution of court decisions (such as bailiff
activities and guardianship), the right to communication with the
child, and failure to pay alimony. The ombudsman called for
streamlining the children's rights protection system and mobilizing
central government and local authorities to cope with growing juvenile
delinquency and spreading drug addiction. In 2001 the Ministry of
Social Security and Labor identified approximately 40,000 children in
abusive and dysfunctional families.
Persons with Disabilities.--The Law on Integrating Disabled People
provides for a broad category of rights and public benefits for persons
with disabilities. The Law on Support for the Unemployed provides
additional job security for such persons, while the Law on Special
Upbringing gives children with disabilities access to regular schools
and universities.
Persons with disabilities accounted for approximately 6 percent of
the population, and 6 percent of the persons with disabilities were
children. Many persons with disabilities lived in poverty because the
state pension for a person with disabilities was lower than the minimum
wage. Every local government runs home help services for persons with
disabilities, and the Government finances a network of facilities for
them, including daycare centers, state children care houses, and
residential care homes for mentally ill adults. At the recommendation
of the Disabled Persons' Affairs Council-with members from the
Government and from organizations representing persons with
disabilities-the Government granted $5 million (17.5 million litas) to
NGOs for various employment, education, rehabilitation, and other
programs.
Legal provisions for access to buildings for persons with
disabilities are in place but were not enforced widely; new buildings
ensured such access, but the adaptation of old buildings has been slow.
National/Racial/Ethnic Minorities.--Minority ethnic groups--
including Russians, Poles, Belarusians, Ukrainians, Tatars, and
Karaites--constituted approximately 16.5 percent of the population. As
part of its Program for the Integration of Roma into Lithuanian
Society, the Government established a social center and community
school for the Roma. In December an Open Society Institute study
reported that many government measures do not address the problems that
the Roma consider most important.
The Penal Code provides for a sentence of from 2 to 10 years'
imprisonment for the incitement of racial or national hatred or
incitement of violence against foreigners. This law has been used to
discourage racial and national hatred. The State Security Department
initiated several investigations into reports of acts of tending to
incite racial or national hatred but closed them either because the
suspects apologized or because the cases would have been difficult to
prove in court. However, in its report on minority rights in 10 EU
candidate states, the Open Society Institute stated that the country
did not have a comprehensive antidiscrimination law that expressly
prohibits discrimination in specific areas of public activity.
Many nonethnic Lithuanian public sector employees by law are
required to attain a functional knowledge of the Lithuanian language
within several years, although the authorities have been granting
liberal extensions to this requirement. Each year several hundred
persons pass the language portion of the citizenship test and are
naturalized. There was no documented evidence of job dismissals based
on the language law. The authorities indicated that the intent of the
law is to apply moral incentives to learn Lithuanian as the official
language of the State; they asserted that no one would be dismissed
solely because of an inability to meet the language requirements.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the Law on Trade
Unions recognize the right of workers and employees to form and join
trade unions, and workers exercise this right in practice. The Law on
Trade Unions extends this right to members of the police and the armed
forces. The Lithuanian Workers' Union organized a rally at the
Parliament in support of ratification of paragraphs of the Social
Charter on the rights to salary, housing, and protection from poverty
and social exclusion.
According to the law, unions, in order to be registered, must have
at least 30 founding members in large enterprises or have a membership
of one-fifth of all employees in small enterprises. Individuals
employed in places where there is no trade union are free to join an
established regional trade union, but this practice was not widespread.
From 10 to 20 percent of all enterprises had trade unions, and
approximately 10 to 15 percent of the workforce were unionized. Union
membership was low due to an often negative attitude by employers,
lingering distrust in a post-Soviet society, and a high unemployment
rate. There are three major trade union associations: The Confederation
of Lithuanian Trade Unions (formed in May through the merger of the
Lithuanian Trade Union Center and the Association of Lithuanian Trade
Unions) with 120,000 members and 25 independent trade unions, the
Lithuanian Trade Union ``Solidarity'' (the former Workers' Union) with
50,000 members, and the Lithuanian Work Federation with 20,000 members.
They all worked within the Trilateral Commission, which brought
together labor groups with representatives of employers' organizations
and the Government.
The 2000 Law on Settlement of Labor Disputes establishes minimum
conditions and procedures for investigating individual labor disputes.
Trade union leaders claimed that this law prevented unions from
investigating labor disputes in the workplace. Difficulties commonly
arose in state enterprises in which employees were represented by more
than one union. Solidarity officials charged that managers in some
companies discriminated against their organizers and dismissed
employees in retribution for their trade union activities.
There are no restrictions on unions affiliating with international
trade unions, and some unions have affiliated with European unions.
b. The Right to Organize and Bargain Collectively.--In May the
Government, trade unions, and the employers' associations signed an
agreement on tripartite cooperation, which provides for regular
meetings to discuss issues related to implementation of labor laws and
the prevention of illegal labor.
The Collective Agreements Law provides for collective bargaining
and the right of unions to organize employees; however, it does not
allow collective bargaining by government employees involved in law
enforcement and security-related work. As amended in 2001, the law
provides trade unions the right to negotiate nationwide, branch, and
territorial collective agreements; however, collective negotiations
regarding labor relations, including wages, are not very widespread.
Workers often took their complaints directly to their employers. Wage
negotiations were more common in enterprises that had trade unions.
On June 4, the Parliament enacted the new Labor Code to take effect
from 2003. The Code sets forth collective bargaining as the main tool
to regulate labor relations, restricts short-term contracts--which are
now subject to collective bargaining, and gives the employees the right
to be represented in collective bargaining not only by trade unions but
also by other employees' representatives--a work council elected by a
secret ballot.
Managers often determined wages without regard to trade union
preferences, except in larger factories with well-organized trade
unions. The Government periodically issued guidelines for state
enterprise management in setting wage scales. The trade unions engaged
in direct collective bargaining over wages at the workplace level. Wage
decisions were made mostly at the enterprise level. Trade unions
supplemented their bargaining activities with active lobbying of
Parliament and the Government.
The trade unions criticized amendments to the Employment Contracts
Law, passed in 2001, which enable employers to fire employees without
the consent of the union. They also complained that trade union lawyers
could not defend union members in labor cases and that there were no
special labor courts.
The Constitution and the Law on Trade Unions provide for the right
to strike, although public workers in essential services may not do so.
From January to August, there were no official strikes, compared with
34 strikes in 2001.
In September a special economic zone was established in the port
city of Klaipeda. Worker rights were not restricted in the zone.
c. Prohibition of Forced or Bonded Labor.--The Constitution
specifically prohibits forced or bonded labor, including by children,
and there were no reports that such practices occurred.
In December the media reported that several dozen servicemen-
recruits from the Interior Ministry's anti-riot, guarding, and
convoying unit were enticed to work for commercial companies related to
the unit's commanders. The practice was discontinued, and the Ministry
of Interior initiated a probe into the case.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The legal minimum age for employment of children without
parental consent is 16 years; with written parental consent, it is 14
years. Complaints about the infringement of child labor regulations are
referred to local prosecutors who investigate and take legal action to
stop violations. Child labor problems were rare.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The legal minimum wage was $123
(430 litas) per month, which did not provide a decent standard of
living for a worker and family. Enforcement of the minimum wage was
almost nonexistent, in part because the Government did not want to
exacerbate unemployment. Every 3 months, the Council of Ministers and
the Ministry of Social Security must submit their minimum wage
proposals to the Parliament, which has the right to approve or revise
the minimum wage level. According to the Ministry of Economy, the
average gross wage in the first quarter of the year was $310 (1,041
litas) per month, a 4.4 percent increase over the corresponding period
of 2001. For a majority of the population, living standards remained
low. The poorest 10 percent of households spent approximately 41.5
percent of their income on food and non-alcoholic beverages. The 40-
hour workweek is standard by law, with at least one 24-hour rest
period, and there are laws on overtime and vacation.
The Constitution provides that workers have the right to safe and
healthy working conditions, and the State Labor Inspection Service is
responsible for implementing the Labor Safety Law. During the first
half of the year, the Labor Inspection Service received 1,999
complaints and declarations, of which 46 percent were found to have
merit; 703 complaints concerned abuses of labor laws and 610 dealt with
working conditions. The most numerous abuses included wage arrears,
illegal employment (working without a written contract), the violation
of labor contracts, time off and work time accounting, harmful working
conditions, and the unsatisfactory investigation of accidents. Workers
have the right both in law and practice to remove themselves from
dangerous work environments without jeopardy to their continued
employment. From January to August, the State Labor Inspection Service
recorded 111 fatal accidents at work and 127 other work accidents.
In June the Parliament passed amendments to the Employee Safety and
Health Law that allow the introduction of longer than 8-hour night
shifts provided that the average working day during a 4-month period
should not exceed 8 hours. In 2001 the Government issued regulations
that gave labor inspectors greater authority in investigating accidents
and approved regulations on workers' safety when handling chemical
substances and substances causing cancer and mutations.
The labor laws protect foreign workers.
f. Trafficking in Persons.--The Criminal Code prohibits trafficking
in persons; however, trafficking in women and girls for the purpose of
prostitution was a problem. International and local NGOs claimed that
the problem increased despite significant efforts by the Government to
fight it. Authorities do not facilitate or condone trafficking, but
some individual members of police forces may do so.
The law criminalizes trafficking in persons for purposes of sexual
abuse: The penalty is 4 to 8 years' imprisonment. The penalty is
increased from 6 to 12 years if the crime was repeated, premeditated,
and committed by a dangerous criminal or against juveniles. Additional
punishment, such as confiscation of property, may also be applied. From
January to August, the police initiated 18 investigations, and in 4
cases several individuals were convicted of trafficking in persons
(compared to 16 investigations and 2 convictions in 2001). In one case
in February, the police in Alytus (southern Lithuania) arrested 6
persons on charges of trafficking two juvenile women ``bought'' for
approximately $200 (750 litas).
NGO experts considered government efforts to prevent trafficking in
persons and search for missing persons to be inadequate. A limited
number of police agents were involved in investigating trafficking
cases.
The Criminal Code of Procedures and the Criminal Code, as amended
in 2001, allows more effective prosecution of trafficking cases. A
shortage of funding for prevention and assistance to victims and, to a
lesser extent, for investigation, prosecution, and witness protection,
limited the Government's ability to address the problem of trafficking
in practice. Some NGOs believed that government aid for victims of
trafficking was also limited because of a reluctance on the part of
local governments to make use of the existing social security network
to provide shelter and counseling for victims of trafficking. There
were a number of anti-trafficking publicity campaigns, carried out by
government, NGOs, the media, and by the local bureau of the
International Organization for Migration.
In April the Government signed the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the U.N. Convention Against Transnational Organized
Crime. In January the Government approved a Program on the Control and
Prevention of Trafficking in Humans and Prostitution for 2002-2005,
prepared by the ministries of Education, Justice, Interior, and Health
Care, as well as the Prosecutor General's Office, the Center for Crime
Prevention, and NGOs. The program focussed on the causes of
prostitution and human trafficking, on preventive measures, fighting
organized crime groups, and on social, psychological and legal support
to victims of prostitution and human trafficking. It envisions an
educational program and a national database containing the records of
people arrested for carrying forged documents or suspected of running
prostitution rings, missing persons and people deported from or to the
country.
The country was a source, transit point, and destination for
trafficking in women and girls. Women were primarily trafficked to
Germany, Spain, Netherlands, Denmark, Sweden, Norway, and Greece;
trafficking to the Middle East (Israel and the United Arabic Emirates)
as well as to France and Austria reportedly declined. Women from
Ukraine, Russia (Kaliningrad district), Belarus, Latvia, and the
domestic countryside were trafficked to the country's major cities and
to Western Europe.
A number of women, some underage, were enticed or forced into
prostitution and sold abroad by organized crime figures. Traffickers
particularly targeted the socially most vulnerable groups: Young
females from poor, asocial, or unstable families. Many were lured by
deceptive offers of jobs such as household helpers, bar dancers, or
waitresses. Women also were tricked into prostitution through false
marriage advertisements. Victims' compliance was ensured via threats
and the withholding of their documents. Their families often were
unaware of their predicament and believed that they had been kidnaped.
However, it was difficult to determine what percentage were enticed or
coerced and how many departed voluntarily.
In the spring, a court in Klaipeda sentenced two former police
officers to 3 to 7 years in prison in a trafficking case. In June four
former police officers were sentenced for abusing their positions to
extort services from prostitutes and provide cover for pimps.
There are no specific government assistance programs for victims of
trafficking; however, the police offered protection for witnesses.
Government agencies and NGOs encouraged victims to file civil suits or
to seek legal action against traffickers. There was no prosecution of
trafficking victims for violations of other laws, such as those
governing immigration or prostitution, but the law does not guarantee
safety for victims in this regard.
The Government provided financial assistance to the Missing Persons
Family Support Center, an NGO, amounting to one-third of the NGO's
annual budget. The Center operated a shelter funded by various
Lithuanian and foreign donors, looked for additional shelters, and
tried to secure victims' access to legal and counseling services. It
cooperated with the Mother and Child Care House in Vilnius operated by
the Catholic charity Caritas. The Mother and Child Hostel operated by
the municipality of Vilnius provided shelter for victims. The NGO
Lithuanian Catholic Women's Union ran a network of shelters in
Lithuania and participates in the European anti-prostitution and anti-
trafficking project Magdalena. The NGO Demetra, funded primarily by
foreign sources, provided medical assistance for women engaged in
prostitution in Vilnius. The NGO Praeities Pedos (Footprints of the
Past) researched the problem of trafficking of women and forced
prostitution and produced several publications on the subject.
----------
LUXEMBOURG
Luxembourg is a constitutional monarchy with a democratic,
parliamentary form of government. The role of the Grand Duke is mainly
ceremonial and administrative. The Prime Minister is the leader of the
dominant party in the popularly elected Parliament. The Council of
State, whose members are appointed by the Grand Duke, serves as an
advisory body to the Parliament. The judiciary is independent.
Civilian authorities maintained effective control of the only
security forces, the Grand Ducal Police.
The country had a market economy with active industrial and service
sectors. The population was approximately 439,500. The standard of
living and the level of social benefits were high.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Domestic violence was a problem.
Women were trafficked for sexual exploitation. Luxembourg was invited
by the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Men and
women were held separately in prisons. Juveniles and adults imprisoned
for minor crimes at times were held together (but in separate cells).
Pretrial detainees were not held separately from convicted criminals.
A report commissioned by the Government cited poor management,
rampant drug use, and an insufficient number of trained personnel at
the penitentiary in Schrassig to cope with the inmates' medical and
psychological problems. There were two suicides reported during the
year at the prison. In September ``senior'' prisoners wrote an open
letter complaining about bad treatment from the surveillance personnel,
the prison administration, and the poor conditions.
The Government permits prison visits by independent human rights
observers, although according to prison officials and Amnesty
International, no such visits were requested during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Judicial warrants are required by law for arrests except in cases
of hot pursuit. Within 24 hours of arrest, the police must lodge
charges and bring suspects before a judge. Suspects are given immediate
access to an attorney, at government expense for indigents. The
presiding judge may order release on bail.
The Constitution prohibits forced exile, and the Government did not
employ it in practice.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judiciary is headed by the Supreme Court, whose members are
appointed by the Grand Duke. One of the country's three Justices of the
Peace has jurisdiction over minor criminal, civil, and commercial
cases, and one of two District Courts heard more serious cases. The
Youth and Guardianship Court ruled on matters concerning the protection
of young persons. An administrative court system reviewed citizen
challenges to legislation.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. Defendants are
presumed innocent. They have the right to public trials and are free to
cross-examine witnesses and to present evidence. Either the defendant
or the prosecutor may appeal a ruling; an appeal results in a
completely new judicial procedure, with the possibility that a sentence
may be increased or decreased.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected 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.
A total of six daily and three weekly newspapers were published.
While independent, all but one had an editorial line slanted toward a
major political party. One domestic radio and television station,
partially owned by the State, broadcast in the country. There were
three other independent radio stations and one independent television
station.
Internet access was widely available and unrestricted.
b. Freedom of Peaceful Assembly and Association.--The law provides
for the freedom of assembly and association, and the Government
generally respected these rights in practice. The Government required
and routinely issued permits for public meetings and demonstrations.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There is no state religion, but the State provided financial
support to some churches. Specifically it paid the salaries of Roman
Catholic, some Protestant, Orthodox, and Jewish clergy, and several
local governments maintained sectarian religious facilities. The
Government has not acted on longstanding Anglican and Islamic requests
for government funding. (According to the Government, the Anglican
Church submitted a ``complete request'' in 1998; the Islamic request
was an inquiry and was not considered a formal request.)
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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 cooperated with the U.N.
High Commissioner for Refugees and other humanitarian organizations in
assisting refugees and provided first asylum.
In March 2001, the Government invited certain persons residing in
the country without legal status to legalize their situations. Of the
2,886 applications received, the Government granted legal status to
1,839 persons, and refused legal status to 972 persons. The remaining
75 cases were still pending at year's end. In July the Government
pledged to expel several thousand refugees from Montenegro who
reportedly did not qualify for asylum status, which it began doing in
August, once it had received the refugees' papers from their home
country.
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. National parliamentary elections are held at least
every five years.
There were eight women in the 60-member legislature, and four women
in the 14-member Cabinet.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits racial, sexual, or social discrimination, and the
Government enforced these provisions.
Women.--Domestic violence was a problem. In 2001 shelters provided
refuge to 403 women and 401 children, compared with 362 and 413,
respectively, in 2000. The law does not specifically prohibit domestic
violence. The law does allow for an abuser to be forced to leave the
family home, thereby giving the victim a place to stay. In addition,
the Government provided financial assistance to domestic violence
victims. Information offices set up to respond to women in distress
reported that they received 4,358 telephone calls in 2001, an increase
from 2000 levels when 3,724 telephone calls were received. The
Government funded organizations that provided shelter, counseling, and
hot lines. Women were trafficked for sexual exploitation (see Section
6.f.).
Women enjoyed the same property rights as men under the law. In the
absence of a prenuptial agreement, property is divided equally upon the
dissolution of a marriage. The law mandates equal pay for equal work,
and the Ministry for the Promotion of Women had a mandate to encourage
a climate of equal treatment and opportunity; however, according to
government reports, women were paid 20 to 30 percent less than men for
comparable work. The Government cited the interruption in the careers
of women caused by childbirth and their maternal roles as one reason
for the disparity. There were no work-related discrimination lawsuits.
Women constituted 33 percent of the work force.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funds a system of public education and
health care. The law mandates school attendance from the ages of 4
through 15, and school attendance is universal through that age.
Schooling was free through the secondary level, and the Government
provided some financial assistance for postsecondary education.
There was no societal pattern of abuse of children. A physicians'
organization estimated that approximately 200 cases of child abuse that
required treatment in hospitals each year resulted in legal
proceedings. The Government's hot line for young persons in distress
received 557 calls during the year.
A 1999 law increased penalties for adults who traffic in children,
facilitate child prostitution, or exploit children through pornography.
The law also extends the country's criminal jurisdiction over citizens
and residents who engage in such activities abroad. No such activities
were reported during the year.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, and the
provision of other state services. The Government assisted persons with
disabilities obtain employment and professional education. Businesses
and enterprises with at least 25 employees by law must fill a quota for
hiring workers with disabilities and must pay them prevailing wages.
The quotas were fixed according to the total number of employees;
employers who did not fulfill them were subject to sizable monthly
fines. The Government provided subsidies and tax breaks for employers
who hired persons with disabilities. There were no known complaints of
noncompliance with the disability laws. However, despite strong legal
protections, the Government acknowledged that laws establishing quotas
for businesses that employ over 25 persons were not applied or enforced
consistently, and there was a particular problem in the case of persons
with mental disabilities.
The law does not directly mandate accessibility for persons with
disabilities, but the Government paid subsidies to builders to
construct ``disabled-friendly'' structures. Despite government
incentives, only a small proportion of buildings and public
transportation vehicles were modified to accommodate persons with
disabilities.
Section 6. Worker Rights
a. The Right of Association.--All workers had the constitutional
right to associate freely and choose their representatives, and they
exercised this right in practice. Of the working population, 57 percent
belonged to a trade union. Membership was not mandatory. Unions
operated free of governmental interference. The two largest labor
federations were linked to, but organized independently of, major
political parties.
The law provides for the adjudication of employment-related
complaints and authorizes labor tribunals to deal with them. A tribunal
may fine an employer found guilty of antiunion discrimination, but it
may not require the employer to reinstate a worker fired for union
activities.
Unions maintained unrestricted contact with international bodies.
b. The Right to Organize and Bargain Collectively.--The law
provides for and protects collective bargaining, which was conducted in
periodic negotiations between centralized organizations of unions and
employers. Enterprises having 15 or more employees must have worker
representatives to conduct collective bargaining. Enterprises with over
150 employees must form joint works councils composed of equal numbers
of management and employee representatives. In enterprises with more
than 1,000 employees, one-third of the membership of the supervisory
boards of directors must be employee representatives.
The Constitution provides for the right to strike, except for
government workers who provide essential services. Legal strikes may
occur only after a lengthy conciliation procedure between the parties.
The Government's National Conciliation Office must certify that
conciliation efforts have ended for a strike to be legal. No strikes,
legal or illegal, occurred during the year. The law prohibits
discrimination against strike leaders, and a labor tribunal deals with
complaints.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Government prohibits
forced and bonded labor, including by children, and there were no
reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children under the age
of 16. Apprentices who are 16 years old must attend school in addition
to their job training. Workers under the age of 18 have additional
legal protection, including limits on overtime and the number of hours
that can be worked continuously. The Ministries of Labor and Education
effectively monitored the enforcement of child labor laws.
e. Acceptable Conditions of Work.--The law provides for minimum
wage rates that vary according to the worker's age and number of
dependents. The minimum wage for a single worker over the age of 18 was
$8.65 (8.26 euros) per hour for unskilled workers, and $10.39 (9.92
euros) per hour for skilled workers. The minimum wage was not
sufficient to provide a decent standard of living for a worker and
family; however, most employees earned more than the minimum wage.
The law mandates a maximum workweek of 40 hours. Premium pay was
required for overtime or unusual hours. Employment on Sunday was
permitted in continuous-process industries (steel, glass, and
chemicals) and for certain maintenance and security personnel; other
industries requested permission for Sunday work, which the Government
granted on a case-by-case basis. Work on Sunday, allowed for some
retail employees, must be entirely voluntary and compensated at double
the normal wage, or be given compensatory time off on another day,
equal to the number of hours worked on Sunday. The law requires rest
breaks for shift workers and limits all workers to a maximum of 10
hours per day including overtime. All workers received at least five
weeks of paid vacation yearly, in addition to paid holidays.
The law mandates a safe working environment. An inspection system
provided severe penalties for infractions. The Labor Inspectorate of
the Ministry of Labor and the Accident Insurance Agency of the Social
Security Ministry carried out effective inspections. No laws or
regulations specifically provided workers with the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment; however, every worker has the right to ask the
Labor Inspectorate to make a determination regarding workplace safety,
and the inspectorate usually did so expeditiously.
Foreign workers were protected equally by law.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in women for sexual exploitation
reportedly was a problem.
The Penal Code provides for 5 years' imprisonment for trafficking;
however, no one had been arrested or prosecuted on trafficking charges
by year's end. In February 2001, the Chamber of Deputies debated the
Government's policy that granted limited entry visas and special work
permits to nearly 1,000 women a year, mainly from Eastern Europe, to
work as performers in cabarets. In order to receive the visas, the
women must sign a contract in their own language regarding their
rights, and they were given an emergency telephone number to call if
needed. However, no reforms were passed by year's end.
Luxembourg was a destination country for trafficked women. Most
women trafficked into the country came from Russia, Ukraine, Hungary,
and Romania and worked in cabarets.
According to the Ministry of the Promotion of Women, there were no
government prevention campaigns, and no government services for
victims. Women traveling to the country on an ``artiste'' visa were
given an emergency number to call if needed. One NGO dealt with the
problem but the Government did not provide funding to foreign or
domestic NGO's for services to victims. However parliamentary
commissions were discussing ways to address these problems.
In October the Ministry for the Advancement of Women, in
cooperation with the German NGO Solwodi (Solidarity with Women in
Distress), French (Mouvement du Nid), and Luxembourg (Fondation Maison
de la Porte Ouverte), held a seminar on trafficking awareness. Their
aim was to establish a transborder network for the protection of the
victims of women and children trafficking.
__________
MACEDONIA, FORMER YUGOSLAV REPUBLIC OF
Macedonia, which became independent in 1991 following the breakup
of Yugoslavia, is a parliamentary democracy with multiethnic party
representation and a popularly elected president. In parliamentary
elections held in September, opposition parties, including an ethnic
Albanian party primarily formed by former insurgents, won a majority of
seats. The elections were free, fair, and peaceful; the Organization
for Security and Cooperation in Europe (OSCE) led a large international
monitoring effort. In November the Social Democratic Union of Macedonia
(SDSM), Liberal Democratic Party of Macedonia (LDP), and Democratic
Union for Integration (DUI) formed an ethnically mixed government led
by Prime Minister Branko Crvenkovski. President Boris Trajkovski, the
candidate from the Internal Macedonian Revolutionary Organization-
Democratic Party for Macedonian National Unity (VMRO-DPMNE), was
elected in 1999 in elections characterized by irregularities. During
the year, the Government and Parliament continued implementation of the
Framework Agreement (FWA) that brought the 2001 insurgency to an end,
and the process of recovery continued. The FWA provided for enhanced
civil rights for minorities and devolution of governmental power to
local governments. The Constitution provides for an independent
judiciary; however, at times the judiciary was inefficient and subject
to political influence.
From February to July of 2001, Macedonia experienced an insurgency
conducted by Kosovar and indigenous ethnic Albanians. Although the
insurgents purported to fight for greater civil rights for ethnic
Albanians, some observers also attributed to the insurgents criminal
motives or intention to form a new, ``Greater Albanian'' state. NATO
successfully facilitated a ceasefire in July 2001, and in August 2001,
domestic political parties signed the Framework Agreement with
international facilitation by the U.S. and the European Union (EU). By
year's end, the Parliament had completed nearly all FWA-mandated
legislative actions (including amendment of the Constitution), which
provided for enhanced minority civil rights and devolution of power to
local governments. Before coming to power in late October, the SDSM/LDP
and DUI agreed to a common governmental platform centered on
implementation of the FWA and FWA-mandated laws.
The Ministry of Interior, which oversaw the uniformed police, the
non-uniformed police, the border police, the police reservists, and the
internal intelligence service, was under the control of a civilian
minister; a parliamentary commission oversaw operations. The Ministry
of Defense shared with the border police responsibility for border
security. During the year, multi-ethnic police completed their return,
with the assistance of the OSCE and NATO, to rural areas from which
they had been expelled during the 2001 conflict. Members of the police
committed serious human rights abuses.
The country, with a population of approximately 2 million, has
experienced sustained economic problems since independence. GDP shrank
by 4.1 percent in 2001 to $3.7 billion, or $1,830 per capita. GDP in
the third quarter of the year was 1 percent higher than in the same
quarter last year; expected GDP for the year was 0.3 percent. The
external debt at the end of December was $1.52 billion, with a debt-to-
GDP ratio of 41.7 percent. Annualized inflation at year's end was 1.8
percent, down from 5.5 percent in 2001. Officials of the outgoing,
VMRO-DPMNE-led government were accused of profiting illicitly from the
privatization of state-owned enterprises. Unemployment remained high at
31.9 percent. A low standard of living and a high unemployment rate
prompted continued social unrest.
The Government's human rights record remained poor; although there
were some improvements in a few areas, serious problems remained. The
Government that assumed power on October 31 demonstrated a commitment
to improving the country's human rights observance through concrete
actions. Under the outgoing government, there was at least one instance
of an unlawful killing by police, and there were numerous instances of
torture and beatings of detainees by police. In most human rights abuse
cases, the Government took insufficient steps, or no steps at all, to
investigate and discipline responsible policemen. The judiciary did not
effectively investigate or prosecute state agents for alleged human
rights abuses. Arbitrary arrest and detention continued to be a
problem. Police continued to compel citizens to appear for questioning,
in spite of a 1997 law that requires police to obtain first a court
order. Implementation of an Amnesty Law for former combatants not
accused of war crimes continued at year's end. While most judicial
authorities cooperated, some obstructed implementation of the law.
Police intimidated and physically assaulted members of the media. The
Government placed some limits on religious freedom by restricting the
establishment of places of worship.
Violence and discrimination against women (particularly in the
ethnic Albanian community) remained problems. Societal discrimination
against minorities, including Roma, ethnic Albanians, ethnic Turks, and
ethnic Serbs, remained a problem. Trafficking in women and girls for
prostitution was a problem. Adoption of FWA-mandated legislation laid
the legal groundwork for improving civil and minority civil rights.
Macedonia was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
In the course of Macedonia's internal conflict in 2001, the police,
ethnic Macedonian paramilitaries associated with the police, and the
National Liberation Army (NLA) committed numerous, serious abuses. The
Amnesty Law provided amnesty from prosecution to former NLA combatants
and government draft evaders, but did not afford protection to war
criminals. The International Criminal Tribunal for the Former
Yugoslavia (ICTY) in October asserted primacy in five war crimes cases.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The police continued
to occasionally commit unlawful killings, and Chief Public Prosecutor
Dzhikov and former Minister of Interior Boskovski played key roles in
ensuring that these crimes remained in impunity. At year's end,
Boskovski remained under investigation by the ICTY for his alleged role
in unlawful killings of ethnic Albanian civilians at Ljuboten in August
2001.
On March 2, at Rostanski Lozija, police shot and killed seven
illegal immigrants who were attempting to transit the country on their
way to Greece. Police then planted weapons and NLA uniforms next to the
bodies. Former Minister of Interior Boskovski, changing his account of
the incident several times during the day, claimed that the seven men
had ambushed four policemen, and that in returning fire, the police
killed all of their assailants. Some were shot as many as 56 times.
Boskovski denounced the seven (six Pakistanis and one Indian) as
international terrorists, and alleged that they had intended to attack
Western embassies as well as government targets. A Ministry of Interior
investigation exonerated the policemen involved of wrongdoing, and the
Chief Public Prosecutor failed to adequately investigate or prosecute
the incident. The new government began an investigation into the case,
but there were no concrete developments by year's end.
On October 18, Macedonian police in Tetovo shot and killed one
ethnic Albanian youth and injured another when they failed to stop at a
police checkpoint.
In December 2001, members of the ``Lions'' police paramilitary unit
shot an ethnic Albanian farmer, Sabit Alili, in the leg while he was
working in his field at Ratae. The ``Lions'' then purposely tied a
tourniquet on his leg too loosely; Alili subsequently died from blood
loss. The ``Lions'' detained and tortured Alili's son, Nexhat Alili
(see Section 1.c.). The Ministry of Interior, following its initial
announcement that the ``Lions'' had repelled a major ``terrorist
attack'' at Ratae, concluded that the shooting was accidental and
exonerated those involved. The Chief Public Prosecutor failed to
adequately investigate or prosecute the incidents.
On April 26, the Macedonian Border Brigade shot and killed one
ethnic Albanian and injured two others after the ethnic Albanians drove
a truck through an illegal crossing. The Ministry of Defense reported
that it was investigating the case, but it was not resolved by year's
end.
On July 15 at Vinica, 20 members of the ``Tigers'' special police
unit beat Alberto Stojcev to death and severely injured three others
during an altercation in a bar. Authorities detained 14 ``Tigers'' and
began an investigation. In retaliation six ``Tigers'' attempted to
assault journalist Mare Stoilova at Stojcev's funeral. Two of the
attackers were detained for 30 days, but were not sentenced by year's
end. The Vinica Court was not forthcoming in providing information or
confirmation of charges being filed. At year's end, there was no
resolution to the case.
On August 30, a ``Lion'' shot and killed an ethnic Albanian man on
the Tetovo-Gostivar highway entrance during an anti-kidnapping
operation. The case remained unsolved at year's end. On October 19,
unidentified persons killed one ethnic Macedonian youth and wounded two
others in what police and OSCE believed was a revenge shooting related
to the previous night's incidents. Police conducted an investigation
into both incidents, but they remained unresolved by year's end.
In April the ICTY monitored the exhumation of cadavers at Ljuboten.
The activity was in conjunction with its assertion of primacy in the
case of alleged extrajudicial killings of ethnic Albanian civilians by
police at Ljuboten in August 2001. Former Minister of Interior
Boskovski was widely suspected of ordering the killings.
There were no reported violations by the Macedonian Army; however,
some abuses occurred in areas patrolled by both police and military
forces. The civil conflict in 2001 resulted in a number of ethnic
Macedonian casualties, including approximately 75 security officers,
and an unknown number of ethnic Albanian casualties. The Macedonian
police, paramilitaries, and ethnic Albanian extremist groups committed
extrajudicial killings.
On August 26, unknown assailants shot and killed two ethnic
Macedonian police officers, Daniel Jankovski and Aleksandar Nikolic,
near Gostivar. Among the suspects detained by police was Selam Selami,
who was severely beaten and sustained permanent injuries (see Section
1.c.). Former Minister of Interior Boskovski--without evidence--blamed
DUI president Ali Ahmeti for the killings.
On September 12, Fadil Elmazi, an ethnic Albanian policeman, was
shot and killed during an attack on the temporary police station at
Bogovinje. The escaped assailants were widely suspected of having been
members of an armed ethnic Albanian extremist group.
The Ottawa Convention obliged the Government to destroy its
landmines by February 2003. A total of 4,000 antipersonnel mines were
to be kept for expert training needs of army members. In the presence
of international monitors, the Macedonian Army destroyed 22,820 PMR-2A
antipersonnel mines from the total of 42,871 that the country inherited
from the former Yugsolav army at Krivolak Military Base. Since October
2001, 3.5 million square kilometers were cleared of mines; 18 mines and
650 parts of unexploded devices were discovered and destroyed. By
year's end, the demining operation cleared an additional 36 villages
and an area of 1.54 million square meters of mines. An International
Committee of the Red Cross (ICRC) program to educate children on the
risk of unexploded devices, begun in August 2001, continued. However,
demining and unexploded ordnance (UXO) disposal efforts were not
completed by year's end. On May 8, an Italian NATO TFF officer was
killed and a German officer injured when their vehicle struck a mine
while conducting demining work at Tetovo.
b. Disappearance.--There were no reports of politically motivated
disappearances.
On July 8, the International Commission on Kidnapped and Other
Missing Persons (created by the EU) issued its report on the fate of 20
persons--13 ethnic Macedonians, 6 ethnic Albanians, and 1 Bulgarian
citizen--who went missing during the course of the 2001 conflict. The
report attributed the Commission's inability to determine the
whereabouts of any of the 20 persons or their remains to intransigence
among police, former NLA combatants, and the cellular telephone
provider ``Mobimak.'' The Commission criticized the Ministry of
Interior for a ``lack of serious investigations'' into the fate of the
missing persons. It also said of the Ministry of Interior, ``It is
rather worrisome that (the Commission) has encountered little which
resembles ordinary police work normally emanating in comprehensive
police reports--the lack of serious investigation raises questions of a
more general nature.'' Former NLA combatants and leaders attributed the
disappearance of the ethnic Macedonians to a ``rogue NLA unit,'' but
refused to disclose more information, according to the Commission. The
report concluded that at least 8 of the 13 missing ethnic Macedonians
were abducted by the NLA, and that the other ethnic Macedonians were
last seen in areas where it was possible or likely that they
encountered NLA units. At least three of the six missing ethnic
Albanians were known to have been in the vicinity of police when they
disappeared. The car of one was found outside the Bitola police
station. In the cases of the other three ethnic Albanians and the
Bulgarian, the Commission stated that it had no information. Former
Minister of Interior Boskovski publicly and harshly criticized the
report and suggested that Commission President Ambassador Lars Wahlund
be expelled from Macedonia.
DNA testing indicated that remains from the mass grave at
Neprosteno belonged to at least four persons. At year's end, the
International Committee on Missing Persons was making arrangements with
the Government and family members to assist in resolving the cases.
ICTY, which has primacy, planned to begin an investigation of
Neprosteno in early 2003.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, police
at times used excessive force during the apprehension of criminal
suspects and sometimes tortured and abused prisoners.
On February 25, police reportedly beat Plasnica Mayor Ismail
Jaoski, a Macedonian Muslim, after stopping him along the road between
Prilep and Gradsko. When Jaoski reported the incident to Prilep police,
the same police officers allegedly beat him at the police station.
Reportedly, the former station commander stopped the incident and
released Jaoski. The State Public Prosecutor in Prilep failed to bring
charges against the police officer, citing insufficient evidence. Since
the State Public Prosecutor was unresponsive, Jaoski hired a lawyer and
brought charges against the individual policeman who beat him. On March
14, ``Lion'' Spase Zlatanov shot and permanently crippled a 16-year-old
male, allegedly for refusing the offer of a drink. Zlatanov was
convicted of attempted murder and sentenced to 8 years in prison.
On April 26, six to eight police severely beat an OSCE observer
after attending a party at a bar with a reputation of being frequented
by hardline VMRO-DPMNE supporters. It was alleged that the presence of
some guests (including ethnic Albanian interpreters assigned to TFF) at
the party might have attracted hostile attention. After having the
incident repeatedly brought to his attention, the Chief Public
Prosecutor requested the victim to report to the basic Public
Prosecutor's office to file more information on the event. The case was
not resolved by year's end.
In April police detained Vulnet Kazimi, Tetovo Police Inspector for
Illicit Drugs and Smuggling. Kazimi alleged that his police colleagues
abducted, beat, and tortured him, and accused him of conspiring with
the PDP political party to attack a DPA-owned Tetovo restaurant, Dora.
Kazimi claimed he was forced to sign a confession. During the 2-week
detention, police allegedly did not inform Kazimi's family of his
whereabouts, and denied him food, water, and medical treatment. In
November Kazimi was found guilty and sentenced to 1 year in prison.
On June 13, police detained brothers Bojan and Dusko Arangelovi of
Kocani. At the police station, the brothers were separated. Dusko, a
member of the then-opposition party SDSM, allegedly was tortured while
bound to a radiator.
In June allegedly intoxicated police reservists shot and injured an
11-year-old girl on Skopje streets. The Ministry of Interior was not
known to have taken any action by year's end.
In late August, Gostivar police arrested three ethnic Albanians on
suspicion of involvement in the shooting death of two policemen. One of
those arrested, a previously disabled individual named Selam Selami,
was beaten severely and sustained permanent injuries to the head, and
remained in a coma until the end of October. ICRC and OSCE repeatedly
and unsuccessfully tried to gain access to Selami. The Gostivar court
declined to bring charges against Selami due to lack of evidence, but a
Skopje court later charged Selami with criminal association. As of late
October, Selami's pretrial detention had been extended twice. He
remained in pretrial detention and allegedly was denied adequate
medical attention. In early December, he was released on bail pending
trial. By year's end, no trial date had been set.
On November 28, Macedonian Customs Administration Acting Director
General Vancho Lazarov was beaten severely and hospitalized. Prior to
the attack, Lazarov had been threatened on several occasions, allegedly
to deter his implementation of an anti-corruption program with the
Customs Administration. An investigation was underway at year's end.
In May during a ``Lions'' live-fire training exercise, former
Minister of Interior Boskovski injured four persons. The distance to
the targets at which he was firing a 30 millimeter grenade launcher was
too short; as a result, shrapnel blowback hit and injured four persons.
Although charges were pressed against the former Minister of Interior,
the investigation was stalled at year's end because the Gostivar court
did not pay the Institute of Forensics and Criminology in full for
forensic work conducted during the investigation. Responsible police
range officers were not adequately disciplined.
According to the Helsinki Committee, on April 3, six to eight
``Lions'' detained and allegedly tortured two Macedonian Muslims, Cano
Canoski and Vebija Saloski, who were gathering wood in a forest near
Oktisi. Police contended the men did not have identification documents
and claimed that they only tried to restrain them. Canoski and Saloski
reportedly escaped after about an hour and tried to report the incident
in both Oktisi and Struga police stations. Upon being prompted by the
Helsinki Committee, the Ministry of the Interior reported that some of
the involved policemen had been temporarily relieved of duty.
Between August 29 and September 1, some ``Lions'' allegedly beat at
least seven ethnic Albanians during an operation to secure the
Gostivar-Tetovo highway. The operation was in response to the kidnaping
of five ethnic Macedonians (see Section 1.b.).
In December 2001, the ``Lions'' detained Nexhat Alili, without
explanation, and released him 2 days later. Nexhat Alili claimed that,
while in detention, he was tortured and injected with an unknown
substance. Neither former Minister of Interior Boskovski or the Chief
Public Prosecutor conducted an investigation or indicted any of the
perpetrators.
There also were reports of police beating journalists (see Section
2.a.).
There were credible reports of occasional police violence against
Roma, including beatings during arrest and while in detention (see
Section 5).
According to the Center for Interethnic Tolerance and Refugees,
police were involved in trafficking in persons (see Section 6.f.).
On January 23, five unknown, masked individuals beat Pavle
Todorovski, the ethnic Macedonian deputy chairman of a newly formed
local interethnic council, in his house in the majority ethnic Albanian
town of Tearce, near Tetovo. Whether the attackers were ethnic
Albanians or ethnic Macedonians opposed to Todorovski's efforts at
local reconciliation is unclear. However, according to an Amnesty
International (AI) report on the incident, the assailants called
Todorovski a ``Macedonian traitor.''
On October 31, an explosion took place near the entrance of the
Parliament building. Police saw, but were unable to apprehend, the
attacker. No one was injured, but approximately 10 vehicles were
damaged. Many interpreted the attack as a warning to the DUI's Ali
Ahmeti not to attend the session; he did not attend. Both the
Macedonian National Front (MNF) and the Albanian National Army (ANA)
released communiques asserting responsibility for the attack.
Prison conditions generally met international standards, and
prisons met basic diet, hygiene, and medical care requirements. Men and
women were held separately. While juveniles also were supposed to be
held separately, limited facilities at times resulted in older
juveniles being confined with adults. Pretrial detainees were held
separately from convicted criminals. The Government permitted visits to
convicted prisoners by independent human rights observers such as the
ICRC and the Human Rights Ombudsman. However, the law prohibits visits
to pretrial detainees by any person other than the accused person's
lawyer, and this provision commonly was enforced.
As a result of the Government's ratification of the European
Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, the European Committee for the Prevention of
Torture (CPT) was authorized to visit all places of detention on a
regular and ad hoc basis. In July the committee's delegation visited
Bit Pazar Police Station (Skopje), Mirkovci Police Station (Skopje
area), and the Tetovo Police Station.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
specifically prohibits unlawful arrest; however, arbitrary arrest and
detention were serious problems. Although the law requires warrants for
an arrest, this provision frequently was ignored, and it was common for
a warrant not to be issued until some time after an arrest or for a
judge to deny that he had signed the warrant. The Constitution states
that a detainee must be arraigned in court within 24 hours of arrest.
The accused is entitled to contact a lawyer at the time of arrest and
to have a lawyer present during police and court proceedings. However,
according to human rights observers and criminal defense attorneys,
police at times violated the 24-hour time period within which a suspect
must be arraigned, and denied detainees immediate access to an
attorney.
There were several credible reports that police used falsified
warrants (see Section 3).
The maximum length of pretrial detention is 180 days. Pretrial
detention exceeding 180 days was a problem, and detainees frequently
were held on weak evidence. The ICRC repeatedly tried to gain access to
pretrial detainees during the year, succeeding in some cases but not in
others; it has not made any attempts since the new government was
formed. The investigative judge decides about the legality of
detention. If the judge determines that an arrested person should be
further detained, the judge must immediately inform the Public
Prosecutor. If the Prosecutor does not file a request for a criminal
investigation within 24 hours, the investigative judge must release the
arrested person.
On July 8, ethnic Macedonian family members of 12 persons who
disappeared during the 2001 conflict blocked the Skopje-Tetovo highway
at Zelino to protest the lack of progress in determining the fate of
their loved ones. The Ministry of Interior used the occasion to
infiltrate armed ``Lions'' into the group in an attempt to provoke
armed conflict with ethnic Albanians in the area. Although armed former
NLA combatants surrounded the ``Lions'' and family members, they
eventually allowed them to leave without further incident.
On August 29, unidentified ethnic Albanian perpetrators abducted
five ethnic Macedonians along the Tetovo-Gostivar highway. The
kidnapers demanded the release of four alleged ANA members, safe
passage, and a 3-hour head start on police. The demands were not met,
and the victims were freed shortly thereafter without incident. On
September 9, the Ministry of Interior publicly stated that it had
requested that the Public Prosecutor file criminal charges against
perpetrators whom it did not identify.
In November the International Commission on Missing Persons opened
a Skopje office to further efforts to determine the fate of the 20
persons who went missing during the 2001 conflict (see Section 1.b.).
Despite an investigation, the whereabouts of the 20 missing persons
remained unknown at year's end.
On March 7, Parliament passed an Amnesty Law benefiting persons
accused of fighting with or actively supporting the NLA up until the
date of the NLA's disbandment in September 2001. Many persons benefited
from the law, including some whose ``crimes of preparation'' were
committed as early as 1996. Atrocities committed by NLA combatants,
which were covered by the Amnesty Law, include killings and expulsions
of Macedonians in villages north of Tetovo. The Amnesty Law explicitly
excluded persons accused of war crimes, but senior ethnic Albanian
political leaders sometimes cited the law in insisting that all former
combatants, whether or not they were accused of war crimes, be
released. On a few occasions, police falsely accused former combatants
of war crimes in order to justify prolonging their detention.
In November 2001, while securing an alleged mass gravesite at
Neprosteno, police arrested seven men on charges of possession of
illegal weapons. Five of the men were released, but two, Shkodran
Idrizi and Fadilj Ferati, remained in pretrial detention until their
release in early December. The Skopje Second Court maintained that the
two were suspects in the August 2001 Mavrovo Road Workers torture and
sexual abuse case. The ICTY Prosecutor asserted primacy in the Mavrovo
Case and four other alleged war crimes cases on May 14. On June 26, she
stated that she would not indict Idrizi and Ferati in the Mavrovo Case,
and ordered the state to free them. In October an ICTY trial chamber
upheld the prosecutor's assertion of primacy. However, Chief Public
Prosecutor Stavre Djikov took no action to free Idrizi and Ferati.
Djikov was dismissed on December 4, and Idrizi and Ferati were released
soon afterwards. Residents of the men's hometown and other sympathetic
ethnic Albanians protested their innocence on several occasions. No
members of the ethnic Albanian community were known to have cooperated
with authorities to identify the perpetrators of the torture case.
There were no reports of ``informative talks'' during the year.
Informative talks, as previously envisioned by the Law on Internal
Affairs and carried out in practice, no longer were allowed.
Legislation provides that the Interior Ministry (police) can invite a
person for an interview, but there is no obligation for that person to
give any statement to the police. The police have no powers to bring in
a person coercively for an interview. The Constitution also provides
that a person is entitled to an attorney during the police procedures.
However, according to AI, there were still incidents of police ill-
treating and torturing detainees.
There were credible reports that the police arbitrarily arrested
and detained Roma. According to the European Roma Rights Center (ERRC),
on June 11, four police officers beat Celebi Semov and Nedzat Kamberi
on the outskirts of Stip as they were returning from gathering firewood
in the mountains. Semov reported that he and Kamberi were pulled from
their cars by the police, pushed to the ground and handcuffed. Semov
testified that the officer who had pulled him from the car punched him
in the head, then grabbed him by the hair, lifted him from the ground,
and kicked him in the head. Semov reported that he, Kamberi, his minor
son, and one other man reportedly were taken to the police station in
Stip. At the police station, Semov reported that the police took their
personal data and issued them papers for confiscating their vehicles.
ERRC filed a criminal complaint with the Stip Public Prosecutor's
Office. As of September, the investigation was ongoing and the Stip
Public Prosecutor informed ERRC that they had identified two possible
suspects, but that they had testified that a friend had injured Semov.
Under the new SDSM-led government, the police continued a pattern
of selective enforcement of various laws and regulations against
individuals and businesses linked with the VMRO-DPMNE opposition.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice, although the court system at times was
inefficient and subject to political manipulation. The Chief Public
Prosecutor and other elements of the judiciary sometimes acted to
ensure the impunity of state agents who committed human rights abuses.
The court system was three-tiered and was composed of municipal courts,
district courts, and a Supreme Court. A Constitutional Court deals with
matters of constitutional interpretation. The judiciary was generally
weak and was influenced by political pressure and corruption, in part
due to low salaries; however, there were no reports of widespread abuse
or systemic corruption.
Trials are presided over by judges appointed by the Republican
Judicial Council (an independent agency) and confirmed by Parliament.
Two community-member consulting jurors assist each judge, although the
judge makes the final decision. The Constitution provides for a public
attorney to protect the constitutional and legal rights of citizens
when violated by bodies of state administration and other agencies with
public mandates: the Office of the People's Ombudsman was created and
became functional in 1997 (see Section 4).
The Framework Agreement states that the judiciary should better
reflect the ethnic composition of the population and states that one-
third of the judges on the Constitutional Court, the Ombudsman, and
three members of the Judicial Council will be chosen by the Parliament,
including by a majority of the ethnic minority Members of Parliament to
ensure minority representation. During the year, the ethnic diversity
of judges increased. There was no change in the membership of the
Constitutional Court, but two of its nine members were ethnic
Albanians. Two of the 4 new judges on the 25-judge Supreme Court were
ethnic Albanians. One of the 6 new judges on the appellate court was
ethnic Albanian, and 1 of the 17 new judges on the Basic Court was
ethnic Albanian.
The Constitution provides for a fair public trial, and an
independent judiciary generally enforced this right. The law also
provides for the presumption of innocence until proven guilty by a
court, the right to a lawyer in pretrial and trial proceedings, and the
right to an appeal. The judiciary generally enforced these rights.
Court hearings and the rendering of verdicts were open to the public
except in some cases, such as those involving minors and those in which
the personal safety of the defendant was of concern. Trials may not be
televised, pursuant to the Criminal Procedure Code, unless authorized
by the court under special circumstances.
Prior to the March 7 parliamentary passage of the Amnesty Law,
President Trajkovski had pardoned 64 persons in 2001 who had been
accused of fighting with or actively supporting the NLA. At least 22 of
the remaining 24 who had not yet been pardoned as of December 2001 were
amnestied and released during the year. Izair Samiu received amnesty
for acts related to the 2001 conflict, but remained in detention for a
post-conflict criminal conviction until April, when he was released on
bail. There were no further legal procedures related to his case at
year's end.
Following the passage of the Amnesty Law, the judiciary halted
hundreds of criminal proceedings against former NLA combatants and
active supporters. However, the judiciary's application of the law
sometimes was erratic. Courts usually released arrested, former NLA
combatants after determining that the Amnesty Law was applicable to
them. However, the Skopje Second Court and others fabricated ``war
crimes'' charges in order to prolong the detention of persons who
should have benefited immediately from the Amnesty Law. In addition,
the Skopje Second Court failed to fully implement the Amnesty Law. Very
few former combatants were proactive in hiring attorneys and
approaching courts to have the cases against them dropped, preferring
instead to wait until a court took up review of their cases. Former NLA
leader Ali Ahmeti, who had criminal charges dating back to the Yugoslav
period, was not fully amnestied. However, upon certification as a
Member of Parliament (M.P.), he, like other members of Parliament,
received immunity from prosecution for the duration of his
parliamentary term. In late November, the courts announced that they
had revoked the arrest warrants for Ahmeti and several other persons
wanted in relation to crimes covered by the amnesty during the
conflict. By year's end, approximately 80 warrants still existed and
several former combatants were not released.
On October 25, a trial chamber of the ICTY upheld a May assertion
of primacy by the ICTY prosecutor in five alleged war crimes cases. The
judiciary signaled its willingness to comply with the instruction to
suspend any domestic proceedings dealing with the five cases, but
rejected the ICTY prosecutor's request that it also yield primacy over
any future war crimes cases to the ICTY.
Early in the year, OSCE's Rule of Law unit limited its activities
to ad hoc support of the police redeployment plan and monitoring the
return of refugees, internally displaced persons (IDPs), and
trafficking in human beings. OSCE also facilitated police and community
liaison offices in a number of communities to which the police
returned. During the year, the Rule of Law unit shifted focus to
institution building (such as Ombudsman support and NGO building),
anti-trafficking (such as supporting the judicial and prosecutorial
system to improve the prosecution of cases), and judicial reform (such
as minority representation, criminal legislative reform, and judicial
transparency).
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government did not always respect these prohibitions in practice.
No further progress was made on wiretapping investigations stemming
from previous years' cases, including one involving Ministry of
Interior employees in early 2001.
The law on eminent domain stipulates that landowners forfeiting
land shall be fairly compensated. However, in April the Electric Power
Company of Macedonia (ESM) and the Ministry of Finance (Property Rights
Directorate) expropriated property in several villages along the Treska
river. Owners of the expropriated land were offered non-market prices
of $1 to $2 (60 to 120 denars) per square meter.
Significant progress was made on housing reconstruction. The U.N.
High Commissioner for Refugees (UNHCR) and international partners led
efforts to rehabilitate more than 5,600 homes that suffered minor
damage. The European Agency for Reconstruction continued to rebuild the
more badly damaged homes and completed an additional 550 houses at
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; however, there were reports that
the Government intimidated media that were critical of its policies and
programs. The media were not truly independent. Virtually all media
outlets were aligned with a political interest, and news and
information generally were reported from a political perspective.
Political opposition groups and the Association of Macedonian
Journalists criticized government intimidation tactics against media
organizations that carried reports critical of the Government.
Financial backers and supporters of media organizations complained that
they were threatened with reprisals for their affiliation with media
outlets critical of the Government. For example, several months prior
to the September elections, the Government threatened to revoke the
privatization of the Ferpsed company, which owned the daily Vest
because it supported the opposition SDSM.
Nine major daily newspapers were published in Skopje, as well as
numerous weekly and monthly publications. There was nationwide
distribution of dailies and weeklies. The top three national dailies
were Dnevnik, Utrinski Vesnik, and Vest. There was one bilingual
(Macedonian/Albanian) national daily, Global. Some towns and
municipalities had local newspapers. The Government provided a yearly
financial subsidy to the print media. There were charges by the press
that subsidies were allocated along party lines, with progovernment or
government-sponsored publications receiving the highest subsidy
regardless of circulation. The two Albanian-language national
newspapers, Fakti and Flaka, did receive government subsidies, as did
the Turkish-language newspaper Birlik. Two government-sponsored
publications, Vecer and Nova Makedonija, consistently criticized NATO
and the international community through biased and inaccurate
reporting.
The leading newspaper and largest publishing house is Nova
Makedonija, which published two national dailies in Macedonian (Nova
Macedonija and Vecer), one national daily in Albanian (Flaka), and one
national daily in Turkish (Birlik). Nova Makedonija sold 70 percent of
its shares to a Slovenian-registered company in August. There were
allegations that the Slovenian company was a front for VMRO-DPMNE.
Prior to the sale, Nova Makedonija and Vecer provided favorable
coverage of government activities. News and information about the
opposition was consistently negative in these publications. When the
new government was installed, the share sale to the Slovenian-
registered company was investigated, Nikola Tasev, General Manager of
Nova Makedonija, was arrested and charged for abuse of power. He was
released on bail on December 31. Four other suspects were not placed in
custody, but their passports were seized. After the new government took
power, a change in the editorial policy of both Nova Makedonija and
Vecer was apparent. The frequency of their attacks on the SDSM and DUI,
as well as on the international community, diminished dramatically.
Distributors of foreign newspapers and magazines had to obtain
permits from the Ministry of Interior. There were no known reports of
such requests being denied during the year. Foreign newspapers,
including those from neighboring countries, were available throughout
the country.
Macedonian Radio and Television (MRTV) was the sole public
broadcaster in the country, with distribution reaching over 90 percent
of the population. By the end of August, Macedonian Television had two
channels: MTV, which broadcasts programs in Macedonian only, and MTV2,
which aired programs in Macedonian and offered limited programming in
Albanian, Turkish, and Serbian. Macedonian Television was divided along
ethnic and political lines and failed to provide comprehensive and
unbiased news and information. MTV and MTV2 were perceived as ethnic
television stations, rather than as channels of the national public
broadcaster. In September MTV3 was launched in accordance with the
Framework Agreement. Programs on MTV3 were broadcast primarily in
Albanian, and to a limited extent in Turkish, Vlach, Romani, and
Serbian. MTV broadcast in Macedonian and favored the Government point
of view. There were an estimated 150 local radio and television
stations registered in the country. The Broadcasting Council of
Macedonia, with government concurrence, issued licenses to radio and
television broadcasters. The Council was influenced by the Government.
A1 Television was the primary private television broadcaster in
Macedonia, followed by SITEL Television. Both were based in Skopje and
had nationwide distribution. There were several private Macedonian
language television stations in Skopje including Skynet TV, Telma and
Channel 5. There were two private Albanian language television stations
in Skopje, TV Era and TV Toska, as well as at least one station that
broadcast in the Romani language, TV-BTR. TV EDO was a Bosnian language
station.
Copyright laws were regularly infringed.
The Government did not censor the media. However, during the year,
former Minister of Interior Boskovski sued Start journalist Marjan
Gjurovski for slander over a report entitled ``They would cause a new
war just to stay in power.'' The new government did not restrict media
(including ethnic Albanian media), and gave clear indications that it
did not intend to do so.
The Association of Macedonian Journalists characterized journalism
as a high risk profession. There have been several alleged incidents of
police beating journalists, and the Association of Macedonian
Journalists reported that there had been approximately 40 cases of
physical attacks against or intimidation of journalists since 1999. On
September 15 (Election Day), a group of allegedly VMRO-DPMNE-backed
persons seized a camera from a cameraman and beat him in front of a
polling station in the Ohrid-area village of Kosel. Shortly before the
elections, four ``Lions'' beat and hospitalized Radio Tumba announcer
Zoran Bozhinovski. He had been critical of Customs director Dragan
Daravelski. ``Lions'' member Goran Trajkovski was found guilty and
sentenced to 1 year in prison. Following Bozhinovski's hospitalization,
approximately 150 journalists staged a protest in front of Parliament
and the Ministry of Interior chanting the slogan ``Here we are, beat
us!''
In September unknown gunmen attacked the printing facility of a
news magazine, Global, in Mala Recica. Shortly afterward, unidentified
perpetrators destroyed the vehicle of Global's co-owner and Start owner
Ljupco Palevski. On July 16, an A1 reporter, Mare Stoilova, was
attacked while reporting on the funeral of Alberto Stojcev, the victim
of a fight between the ``Tigers'' special police unit and local youths
(see Section 1.a.). Two of the alleged perpetrators were detained for
30 days, but were not sentenced. The Vinica Court was not forthcoming
in providing information or confirmation of charges being filed.
The Government did not restrict academic freedom. The FWA called
for enhanced access to higher education in their own language for
ethnic Albanians, and the private Southeast European University in
Tetovo provided some Albanian language instruction, although its
principal language was English (see Section 5). Some ethnic Albanians
continued to demand that the Government accredit the inadequate and
illegal Tetovo University.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of assembly and association, and the
Government generally respected these rights in practice.
Advance notification to authorities of large public meetings was
optional. Religious gatherings, if they occur outside of specific
religious facilities, must be approved in advance by the Ministry of
Interior, and may only be convened by registered religious groups (see
Section 2.c.).
Political parties and organizations are required to register with a
court. More than 70 political parties were registered, including
parties of Albanians, Turks, Serbs, and Roma. Former Minister of
Interior Boskovski attempted to intimidate the political opposition.
However, he did not prohibit any parties from registering.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the law places some limits on religious practice by
restricting the establishment of places of worship and parochial
schools. The Constitution (as modified in 2001 as agreed in the FWA)
specifically mentions several religious denominations and faiths,
including the Macedonian Orthodox Church, the Methodist church, Islam,
and Judaism. None of these religious communities had official status or
privileges. However, during the year a 76-meter cross was placed on
Mount Vodno overlooking the city, dedicated by the Orthodox church, and
supported with public funds.
The Government requires that religious groups be registered. In
practice religious groups needed to register to obtain permits to build
churches and to request visas for foreigners and other permits from the
Government.
The Law on Religious Communities and Religious Groups places some
restrictions on the establishment of places of worship. Provision is
made for holding services in other places, not included in the law,
provided that a permit is obtained at least 15 days in advance. No
permit or permission is required to perform religious rites in a
private home. The law also states that religious activities ``shall not
violate the public peace and order, and shall not disrespect the
religious feelings and other freedoms and rights'' of persons who are
not members of that particular religion. The Government did not
actively enforce most of these provisions of the law but acted upon
complaints when they were received. Several registered Protestant
groups have been unable to obtain building permits for new church
facilities due to bureaucratic complications that affected all new
construction. Churches and mosques often were built without the
appropriate building permits. The Government has not taken any actions
against religious buildings that lack proper construction permits.
The Law on Religious Communities and Religious Groups also requires
that foreigners carrying out religious work and religious rites be
registered with the Government's Commission on Relations with the
Religious Communities.
A 1995 law specifies that primary school children must be taught in
the Macedonian language, and may not be taught by foreigners, even if
the children themselves are foreigners and do not speak Macedonian.
Further, foreigners are not permitted to operate educational
institutions, manage classrooms, or give grades to non-citizens. In
September authorities moved to shut down the Timothy Academy, an
evangelical Christian academy operated by foreigners for foreign
children. At year's end, the new government granted work visas to the
school's employees and was working to legalize the status of the
school.
Some progress was made in restitution of previously state-owned
religious property. Many churches and mosques had extensive grounds or
other properties that were expropriated by the Socialist government of
Yugoslavia. Virtually all churches and mosques have been returned to
the appropriate religious community, but that was not the case for many
of the other properties. Often the claims were complicated by the fact
that the seized properties have changed hands many times or have been
developed. On August 28, the Ministry of Finance and the Jewish
community reached a settlement on the restitution of Jewish communal
property. The Ministry of Finance agreed to return to the Jewish
Community three buildings in Bitola, one piece of real estate in
Skopje, and bonds valued at approximately $2.76 million (165 million
denars).
There were no reports of destruction of places of worship during
the year. However, many places were not fully intact as a result of the
2001 conflict. In December two churches in the villages of Setole and
Otunje, that had already been looted in 2001, were vandalized. On
August 15, a Sunni Muslim group illegally established an ongoing, armed
presence in a Bektashi religious facility, the Arabati Baba Tekke in
Tetovo, home to a small, active Bektashi Islamic community, and
asserted a claim to ownership of the facility and a hotel and two
restaurants on the property's grounds. The occupying group may have
received the tacit support of the governing VMRO-DPMNE and DPA; the
owner of the restaurants and hotel was reputed to be an SDSM supporter.
At year's end, the ongoing ownership dispute between the Bektashi
religious sect and the Islamic community over the Bektashi religious
facility remained unresolved. Although armed interlopers had left by
year's end under international community pressure, fundamentalist
Islamic leaders still held services on the Tekke grounds five times per
day.
There were ethnic Macedonian Muslim and Bosnian Muslim minorities
in the country. Some ethnic Macedonian Muslims contended that the state
sometimes confused them with ethnic Albanians and ethnic Turks because
of Muslim surnames and mixed marriages and, in some instances,
assigning their children to Albanian language classes.
No further progress has been made in investigating 2001 attacks on
Muslim places of worship, including the June 2001 attack on the Bitola
mosque and the August 2001 burning of the Prilep mosque.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. Return
of police and the presence of OSCE monitors and NATO TFF soldiers
facilitated citizens' ability to move within the former conflict areas.
Parliamentary passage of the Amnesty Law made it possible for former
NLA combatants to leave former conflict areas without fear of long-term
imprisonment, and therefore reduced former combatants' resistance to
allowing police returns. In addition, UNHCR provided a strengthened
field presence and bus services for returnees and IDPs in the conflict-
affected areas to facilitate the passage of checkpoints. Most areas
that were closed to the public due to military activities or
sensitivities during 2001 have since been reopened. By year's end, the
Ministry of Defense had removed the great majority of security
checkpoints. According to NATO, of 130 military checkpoints deployed in
January in the former crisis area, only 25 existed at year's end.
Police in former crisis areas gradually resumed policing duties. Nearly
all villages in the former crisis region had created village police
liaison commissions involved in encouraging citizens to accept police
authority. Nonetheless, there were occasional reports of the army or
police detaining people arbitrarily at roadblocks during the year.
At the height of the country's internal conflict, the UNHCR
estimated that approximately 170,000 persons, approximately eight
percent of the population, were displaced from their homes. During the
year, a majority of these IDPs and refugees returned to their homes.
However, many persons did not return because their houses were badly
damaged or entirely destroyed. The UNHCR and foreign governments led
efforts to rehabilitate homes that suffered minor damage. The European
Agency for Reconstruction continued to rebuild badly damaged homes. As
of October, approximately 5,600 homes, of a total of more than 7,000
destroyed or damaged homes, had been rehabilitated or rebuilt. Other
persons did not return to their homes in ethnically mixed locales
because they felt uncomfortable, and in some cases, unsafe. At year's
end, the UNHCR and the Macedonian Red Cross (MRC) estimated that the
number of IDPs had decreased to approximately 9,442 persons totaling
2,115 families. According to the UNHCR, approximately 3,000 refugees
had not returned from Kosovo.
Persons holding a government photo identification card--or children
with a birth certificate traveling with parents with photo
identification--were able to enter the country. For adults with no
photo identification, there was a verification process facilitated by
the UNHCR with the Ministry of Interior. The UNHCR noted that this
practice was at its height when ethnic Albanian refugees returned to
Macedonia from Kosovo.
With the adoption of the Constitution in November 1991, any
Yugoslav citizen who had legal residence in Macedonia could acquire
citizenship by simple application. However, unresolved citizenship
status of long-term habitual residents remained an ongoing problem.
Many former Yugoslav citizens were unable to acquire Macedonian
citizenship. Ten years after the provisions of the Citizenship Act of
1992, they remained without effective citizenship, often without valid
identity documents. As a result, they lacked most civil, political,
economic, and social rights, including the right to work, as well as
the right to social welfare assistance, social protection services,
unemployment registration, and access to health insurance. The state
regarded them as aliens, either legal or illegal. Further, children
born in the country to parents with unresolved citizenship status
inherited the problem. Although these children were permitted to attend
school, UNICEF and NGOs reported that these children were not graded or
given certificates of completion.
Since 1999 UNHCR and the Council of Europe have helped to prepare
and have pushed for passage of amendments to a bill on citizenship
which would lower the residency requirement for aliens to 10 years, and
make other changes in accordance with international and European
standards. This was scheduled to be amended during the year, but was
delayed. Approximately 2,000 persons apply for citizenship each year.
In February the Government ratified the European Convention on
Nationality, thus providing the groundwork for preventing future cases
of statelessness. The 1992 Law on Citizenship does not provide any
privileges to refugees or stateless persons; however, the pending
legislation recognizes refugees and stateless persons as eligible to
apply for citizenship after 8 registered years of residency, provided
they meet the other necessary requirements.
The law provides for the granting of asylum or refugee status in
accordance with the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. However, the Government has not yet
passed an asylum law. A draft law on asylum that was compatible with
the Geneva Convention and international standards was prepared in
collaboration with the UNHCR and was awaiting submission to the
Parliament. Refugee status determination was governed by the 1992 Law
on Movement and Residence of Aliens. The Government cooperated with the
UNHCR and other humanitarian organizations in assisting refugees, and
made a notable effort to accommodate more than 300,000 Kosovar refugees
in 1999. The total number of remaining refugees from Kosovo, almost all
of whom are Roma, was 2,724 by year's end. These refugees benefited
from a limited temporary humanitarian protection status that did not
provide for self-reliance or local integration rights. There were 1,325
refugees sheltered with host families and 1,399 refugees sheltered in
two collective centers located in Shuto Orizari and Katlanovo, near
Skopje. The Government provided first asylum.
There were no reports of persons being returned to a country where
they feared persecution during the year.
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 exercised this right in practice
through periodic free and fair elections held on the basis of universal
suffrage. The unicameral Parliament governs the country. The Prime
Minister, as head of government, is selected by the party or coalition
that produces a majority in the Parliament. The Prime Minister and the
other ministers may not be Members of Parliament. The President, who is
head of state, Chairman of the Security Council, and commander-in-chief
of the armed forces, nominates a mandator, who often subsequently
becomes the Prime Minister, to constitute the Government. The winning
coalition's nomination for Prime Minister must be approved by
Parliament.
On August 13, 2001, domestic political parties signed the FWA with
international facilitation by the U.S. and the EU. Officials estimated
that approximately 100 laws would be affected by the FWA to some
extent, 80 of which are specific to decentralization and local self-
governance. By year's end, the Parliament had started implementing FWA-
mandated legislative actions (including amendment of the Constitution),
which provided for enhanced minority civil rights and devolution of
power to local governments. The platform and laws deal with issues such
as Albanian language usage in Parliament, local government, and higher
education; equitable access to media; reform of police and inclusion of
more minorities in the police and other state institutions; and the
return of police, refugees, and IDPs to the former conflict areas.
Government officials estimated that the process will be completed
before the next local elections in 2004.
Opposition parties won a decisive victory in the September 15
national parliamentary elections, which were free, fair, and peaceful,
with a turnout of 73 percent of the population. The technical conduct
of the elections, under the leadership of State Election Commission
President Mirjana Lazarova-Trajkovska, and with international
assistance, met international standards. The OSCE led an international
monitoring effort that involved almost 1,000 observers. The mostly
ethnic Macedonian ``For Macedonia Together'' coalition (led by the SDSM
and LDP) won 60 of 120 parliamentary seats, defeating the governing
VMRO-DPMNE party and its pre-election coalition partner, the Liberal
Party, which together obtained 33 seats. The Macedonian Socialist Party
won one seat. Among ethnic Albanian political parties, the DUI, led by
former NLA commander Ali Ahmeti, won 16 seats. The ethnic Albanian DPA
won seven, the PDP two, and the NDP one.
Of the few, isolated electoral irregularities, the most serious
occurred in Lesok, where ``Lions'' entered a polling place brandishing
weapons, beat the local electoral board president, and stole the ballot
boxes. Elections were rerun in Lesok 2 weeks later. The rerun was
peaceful and did not change the outcome of the elections.
On October 31, Parliament voted in a new government composed of the
SDSM, LDP, and DUI. SDSM President and former Prime Minister Branko
Crvenkovski was confirmed as Prime Minister; the SDSM also heads the
Ministries of Defense, Foreign Affairs, Interior, Local government,
Culture, Economy, and Environment. The LDP heads the Ministries of
Finance, Labor, and Social Welfare, and Agriculture, and has one
Minister Without Portfolio. The DUI heads the Ministries of Justice,
Transport and Communication, Education, and Health. One of three Deputy
Prime Minister positions was allocated to each of the three parties.
Prior to the September 15 national elections, the ruling VMRO-
DPMNE-led government tried to influence the outcome through
intimidation of opposition supporters and journalists. During the
campaign, there were incidents of intimidation of political candidates
and supporters. A local SDSM party leader had a molotov cocktail thrown
through his office window. VMRO city bosses threatened to fire
municipal employees who voted for the rival SDSM. Local police were
used to harass opposition supporters. Prior to the elections, Former
Minister of the Interior Boskovski attempted to manipulate the voters
list by registering 3,200 ethnic Macedonians who live in Albania (and
had recently been issued passports by Boskovski) as ``residents'' of
the headquarters of the Ministry of Interior. Following the conclusion
of the elections, VMRO-DPMNE tried to cast doubt on their validity.
Former Minister of Interior Boskovski and approximately 10 senior
police officers attempted to intimidate the State Election Commission
(SEC) President on the night of September 18 in order to prevent her
from announcing the election results within the legally mandated 72
hours. Boskovski continued to publicly make claims of forgery and
fraud, which were unsubstantiated by international election observers.
He also sent police--with a falsified warrant--to raid the ballot
printing plant in Prilep on the evening of September 17. Boskovski
alleged that hundreds of thousands of additional ballots had been
clandestinely printed and fraudulently used. However, his party, the
VMRO-DPMNE, had been among those that had previously agreed to destroy
the ballots prior to the elections due to a printing error.
On September 9, members of the ``Lions'' paramilitary unit
disrupted an opposition campaign rally in Prilep with gunfire. No one
was injured. Prior to the rally, some of the ``Lions'' and other VMRO-
DPMNE supporters tried to block opposition leaders' entrance into
Prilep by blocking access roads.
A national census, specifically called for in the Framework
Agreement, was carried out in November with EU assistance and
oversight. The census enumeration, which met international standards,
was accepted by all significant local groups. However, an ethnic
breakdown and final results were still pending at year's end. It was
decided that broad acceptance of documentation to indicate residence
would be accepted as valid identification; sufficient numbers of
minority enumerators were hired; and several languages were used on
census forms. In accordance with international standards, Macedonian
citizens abroad longer than one year were not counted.
The first round of balloting in the presidential election was held
in October 1999; there were six candidates on the ballot, representing
every major political party, including both ethnic-Albanian parties.
International observers reported that the conduct of the first round
was satisfactory, and the two candidates who received the most votes
advanced to the second round. The ruling VMRO-DPMNE candidate, Boris
Trajkovski, gained the majority of the votes cast in the second round
in November 1999, but the opposition SDSM candidate claimed fraud and
appealed the results. International observers agreed that
irregularities occurred in some areas of the country during the second
round, and the Supreme Court ruled that the second round should be
rerun at 230 predominantly ethnic Albanian polling places.
International observers again reported numerous incidents of ballot
stuffing and other problems during the December 2001 rerun elections.
Claiming that the Government was incapable of conducting a fair vote in
the contested areas, the SDSM did not press for another repeat of the
voting. President Trajkovski was sworn into office in December 1999.
There were 16 women in the 120-seat Parliament elected September
15, representing an increase from the 9 female members of the previous
Parliament. Of the 16, 15 were ethnic Macedonians and 1 was an ethnic
Albanian (the first ever). In Muslim communities, particularly among
more traditional ethnic Albanians, many women were disenfranchised due
to the practice of family/proxy voting through which male family
members voted on their behalf (see Section 5). Of the new government
installed October 31, 2 of 17 ministers were women.
A number of political parties represented the interests of
minorities, including ethnic Albanians, ethnic Turks, ethnic Serbs, and
Roma. Four ethnic Albanian parties and a Roma party had members in
Parliament; the ruling government coalition included one of the three
major ethnic Albanian parties, as well as the Roma party, a Bosniak
party, a Serb party, and a Turk party. The Parliament included 26
ethnic-Albanian members, 1 Macedonian Muslim, 1 Roma, 2 Turks, and 2
Bosniaks.
Some ethnic Albanians and Roma reported that discrimination against
them in citizenship decisions effectively disenfranchised them (see
Section 2.d.).
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of international and domestic human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Reporting by local
NGOs on human rights abuses committed during the 2001 conflict was
limited and at times one-sided. However, instances of accurate and fair
reporting on the conflict increased during the year. Government
officials were not always responsive to the views of human rights
groups.
There were more than 4,000 registered NGOs, including the MRC, EURO
Balkan, FORUM, Transparency International, MOST, Macedonian Helsinki
Committee, and many local NGOs devoted to specific purposes, including
Roma rights, human trafficking, and voters' rights.
OSCE and EU monitoring missions continued to assist with
implementation of the Framework Agreement and work on restoring
confidence between ethnic Macedonians and Albanians. NATO's Task Force
Fox (TFF) provided security to international confidence building and
police monitors. TFF ended its 15-month mission in the country on
December 15. Under TFF's guardianship, 93 percent of displaced persons
returned to their homes, and police returned to 100 percent of the
conflict areas from which they had been expelled. TFF also provided
security for the September 15 elections and subsequent government
transition. At year's end, TFF had been replaced by a new and smaller
NATO operation, ``Allied Harmony,'' but had not yet been replaced by an
EU force.
The OSCE led international community efforts to engage the
Government on human rights issues. Both the 2001 insurgency and the
1999 Kosovo crisis led many international NGOs to establish new offices
in the country; many of these organizations have a strong interest in
human rights issues.
On October 25, a trial chamber of the ICTY upheld a May assertion
of primacy by the ICTY prosecutor in five alleged war crimes cases. The
judiciary signaled its willingness to comply with the instruction to
suspend any domestic proceedings dealing with the five cases, but
rejected the ICTY prosecutor's request that it also yield primacy over
any future war crimes cases to the ICTY. Prior to the trial chamber
decision, the judiciary cooperated with ICTY in allowing it to monitor
its investigations at Ljuboten and Neprosteno of alleged war crimes. In
late November, Skopje's Second Court turned primacy over to the ICTY in
four of five potential cases related to the 2001 insurgency. In
November the Tetovo court turned primacy in the other case over to the
ICTY. Despite an instruction from the ICTY prosecutor to release them,
Shkodran Idrizi and Fadilj Ferati, detained as suspects in the Mavrovo
Road Workers torture and sexual abuse case, remained in custody until
December, when they were released by Skopje's Second Court (see Section
1.d.).
The Office of the Ombudsman, established in 1997, processed
approximately 2,000 complaints during the year, doubling the caseload
from 2001. It received and responded to a disproportionate number of
requests from ethnic Macedonians, as compared with those from
minorities. In 2000 for the first time, the Ombudsman's office
presented the Parliament with a list of its recommendations that had
not been accepted or implemented by state bodies. The Parliament
responded by passing a resolution ordering the state administration to
implement these recommendations; however, little was done to enforce
this resolution. The FWA calls upon the Government to substantially
strengthen the powers of the Ombudsman. The Ombudsman is to be granted
access to all official documents, the power to suspend execution of an
administrative act if he determines that the act may be prejudicial to
an individual's fundamental rights, and the right to challenge the
constitutionality of laws. In March former Canadian Ombudsman Aleck
Trawick provided technical expertise to the Ombudsman's Office. In June
a comprehensive draft of the Ombudsman Law was proposed; however,
implementation of these provisions had not begun by year's end.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equal rights for all citizens
regardless of their sex, race, color of skin, national or social
origin, political beliefs, property, or social status. The FWA states
that ``The principle of nondiscrimination and equal treatment of all
under the law will be respected completely. This principle will be
applied in particular with respect to employment in public
administration and public enterprises, and access to public financing
for business development.'' However, societal discrimination against
ethnic minorities persisted, and the protection of women's rights
remained a problem.
Women.--Domestic and other violence against women was a persistent
and common problem. Legal recourse was available to rape victims,
including victims of marital rape. However, cultural norms discouraged
the reporting of such violence, and criminal charges on the grounds of
domestic violence were very rare. Public concern about violence against
women was not evident in the media, although some women's groups were
working to raise awareness of the issue. NGOs operated shelters for
victims of spousal abuse. A hot line remained open but had limited
hours. The Government offered some limited support for victims of
domestic violence, but relied heavily on international donor support to
maintain a hot line and shelter.
According to some surveys, one out of every fourth woman in the
country was a victim of domestic violence, either physical or
psychological. The criminal codes did not contain articles that relate
to family violence, nor did they actively hold familial perpetrators
responsible for abuse. Victims of family violence were often reluctant
to bring charges against perpetrators because of the shame this would
inflict on the family.
Trafficking in women and girls for prostitution and pornography was
a problem (see Section 6.f.).
Sexual harassment of women in the workplace was a problem. The
Constitution extends the same legal rights to women as to men; however,
society in both the Muslim and Christian communities was patriarchal
and the advancement of women into nontraditional roles was limited.
Women remained underrepresented in the higher levels of the Government
and private sectors, although some professional women were prominent,
and a law enacted in 2001 stipulated that women comprise a minimum of
30 percent of each political party's list of candidates for the
September 15 parliamentary elections. As a result, the new Parliament
had the highest number of women M.P.s in the country's history,
including the first ethnic Albanian woman to gain a seat. Women from
some parts of the ethnic Albanian community did not have equal
opportunities for employment and education, primarily due to
traditional and religious constraints on their full participation in
society and schools. In some ethnic Albanian communities, some women
were disenfranchised due to the practice of family/proxy voting through
which men vote on behalf of women family members (see Section 3).
Maternity benefits included 9 months' paid leave, and benefits were
fully respected in state organizations in practice. Women also retain
the right to return to their jobs for 2 years after giving birth.
However, some private firms and organizations have placed restrictions
on maternity benefits.
Women's advocacy groups included the Humanitarian Association for
the Emancipation, Solidarity, and Equality of Women; the Union of
Associations of Macedonian Women; and the League of Albanian Women.
Children.--The Government was committed to the rights and welfare
of children; however, it was limited significantly by resource
constraints. President Trajkovski participated in the U.N. Special
Session on Children in New York from May 8 to 10. The Office of the
Ombudsman contained a special unit for children, partially funded by
UNICEF. Education was mandatory through the eighth grade, or to the age
of 15 or 16. However, some children did not enter the education system
at all. The Ministry of Education quoted 95 percent enrollment, but no
other official data was available on children's school attendance, or
the number of children who did not have access to education. Primary
and secondary education is free, although students must provide their
own books and other materials. Public transportation was subsidized for
students. Almost 90 percent of the children that have finished primary
school continued on to secondary school. At both the primary and
secondary levels, girls in some ethnic-Albanian communities remained
underrepresented in schools, and only approximately half of ethnic
minority students go to high school. This was due in part to lack of
available classes in minority languages at the secondary level, and in
part to many rural, ethnic Albanian families' conviction that girls
should be withdrawn from school at 14 years of age. According to Romani
community leaders, up to 10 percent of Romani children never enroll in
school, and of those who do, 50 percent drop out by the fifth grade,
and only 35 to 40 percent finish the eighth grade. The Ministry of
Education encouraged ethnic-minority students, particularly girls, to
enroll in secondary schools. Medical care for children was adequate but
was hampered by the generally difficult economic circumstances of the
country and by the weak national medical system.
In September approximately 200 ethnic Albanian students boycotted
school for several weeks to protest perceived inequities in school
facilities for ethnic minorities versus ethnic Macedonians.
Since October approximately 200 ethnic Macedonian students
boycotted classes at two public schools in the former crisis region,
those at Tearce and Semsevo, because former NLA combatants placed a
memorial to a fallen fighter in front of the ethnically mixed schools.
Despite continued international community pressure to remove the
memorials, they remained with the complicity of local ethnic Albanian
leaders. The Semsevo school also was illegally renamed for an ethnic
Albanian teacher. In December there was an agreed compromise between
the Government and the local community to rename the school after the
village. However, at year's end, the bust of the teacher, Jumni Jonuzi,
remained in the schoolyard. On December 16, the ethnic Macedonian
students of six Tetovar villages began temporarily attending classes in
the Siricino Regional school.
In June 2001, several high school students at Negotino high school
were beaten in an incident involving the school's principal. The school
board had attempted to remove the principal from her position based on
Article 93 of the law on secondary education; however, the Education
and Science Minister did not formally dismiss her. In response,
students and teachers within the high school organized a strike. The
six teachers who participated in the strike were dismissed from their
positions and replaced, but students continued their protest. The
principal's brother and associates assaulted the protesting students.
The local chapter of the Helsinki Committee for Human Rights found that
this situation violated Article 3 and Article 29 in the Convention of
the Rights of the Child. The Helsinki Committee cited the students as
victims of the politicized atmosphere in the school and improper
administration of the school. In addition, the Education and Science
Minister failed to support the school board and discipline the school
principal. Prosecutors filed charges against the students' attackers.
The case had not been resolved at year's end.
In 1999 the Ombudsman's Office for Children was established and
empowered to investigate complaints about violations of children's
rights. New legislation addressing shortfalls in the juvenile justice
system and reforming the existing law to meet international standards
was put forward for government review in December 2001, but was pending
at year's end. Additional planned reforms to the Law on Pensions and
Health Protection, aimed at addressing child labor, also remained
pending at year's end.
There was no societal pattern of abuse against children, although
the social service's instruments for collecting and analyzing data in
this field remained underdeveloped.
Trafficking in girls for prostitution and pornography remained a
growing problem (see Section 6.f.).
Persons with Disabilities.--The law prohibits discrimination on the
basis of disability; however, in practice this provision was not
enforced. Social programs to meet the needs of persons with
disabilities existed to the extent that government resources allowed.
No laws or regulations mandate accessibility to buildings for persons
with disabilities. There was societal discrimination against persons
with disabilities.
National/Racial/Ethnic Minorities.--The population of approximately
2.04 million was composed primarily of ethnic Macedonians, with a large
ethnic Albanian minority, and with much smaller numbers of Turks, Roma,
Serbs, Vlachs and others. According to the last census in 1994, ethnic
Albanians comprised approximately 23 percent of the population, but
ethnic Albanians claimed that they comprised close to one-third of the
population. Due to the high number of displaced persons and refugees
and a lack of preparation, ethnic Macedonian and ethnic Albanian
leaders agreed to postpone a new national census--originally scheduled
for January--until November. Although the overall ethnic breakdown was
still pending at year's end, the census enumeration was accepted by all
local ethnic groups, was timely, was completed without violence, and
met international standards (see Section 3).
Inter-ethnic fights and beatings remained commonplace in the
country's public schools, and there was an escalation of such violence
during the year. In September and October, several ethnic Albanian
students were abducted and tortured in Skopje. An October students'
protest in Skopje of the killing of an ethnic Macedonian student in
Tetovo turned violent. The students beat at least four ethnic
Albanians, and vandalized several automobiles. Six students were
arrested and the case was pending at year's end. In October a group of
ethnic Albanians in Tetovo shot three young male ethnic Macedonians,
killing one. Police were still investigating the incident at year's
end. This was possibly in retaliation for the police killing of an
ethnic Albanian the previous day (see Section 1.a.).
During the year, police received 51 reports of vandalized homes in
the ethnic Macedonian villages of Jedoarce, Otunje, and Setole. The
ethnic Albanian perpetrators had not been apprehended by year's end.
Also during the year, nine houses in the ethnic Macedonian mountain
village of Brezno were reportedly vandalized.
All citizens are equal under the law, and the Constitution provides
for enhanced protection of the ethnic, cultural, linguistic, and
religious identity of minorities, including state support for education
in minority languages through secondary school. The FWA reaffirms these
rights and mandates several explicit rights related to use of minority
languages, including access for ethnic Albanians to state-funded higher
education in their language. However, ethnic tensions and prejudices
remained problems and some governmental institutions, particularly the
police, discriminated on the basis of ethnicity. Implementation of the
Framework Agreement mandated legal changes was slow, and ethnic
Albanians and Roma, particularly, continued to complain of widespread
discrimination.
Underrepresentation of ethnic Albanians in the military and police
was a major grievance in the ethnic Albanian community, but during the
year authorities actively began to address the problem with the
assistance of the international community. The police force remained
overwhelmingly ethnic Macedonian, but progress was made in assigning
ethnically mixed patrols to predominantly ethnic Albanian areas. Ethnic
Albanians constituted approximately 3.8 percent of the national police
force, while ethnic Macedonians constituted 91.9 percent. The
Government for several years had set a recruiting quota of 22 percent
for enrolling minority students at the police secondary school, but
attrition detracted from the anticipated progress. To raise the
percentage of ethnic-minority police officers, the FWA called on the
international community to train 1,000 new ethnic-minority police
officers by July 2003, and for the Macedonian police to incorporate
these new recruits into ethnically diverse units. In September 2001,
training of these new police officers by international community
trainers began, with later training throughout the year conducted by
the OSCE. By year's end, 533 new ``non-majority'' officers had received
ICITAP or OSCE basic training. Of that number, there were 437 ethnic
Albanians, 6 Bosnians, 1 Croatian, 4 Macedonian Muslims, 30 Romas, 10
Serbs, 40 Turks, and 5 Vlachs. Ninety-nine ethnic Macedonian officers
graduated from the international training as well, for a total of 632.
Approximately, 16 percent of these graduates were female. However,
former Minister of Interior Boskovski refused to pay new mostly ethnic
Albanian graduates after they entered the police. Shortly after
entering office in October, the new Minister of Interior authorized
payment to the new recruits.
The military continued efforts to recruit and retain minority
officers and cadets. The military was composed mostly of short-service
conscripts, drawn from all ethnic groups, although ethnic Albanians
tended to evade obligatory military service at a higher rate than did
ethnic Macedonians. The proportion of ethnic minorities in the enlisted
ranks was estimated to be approximately 15 percent, but the proportion
was significantly lower in the professional officer corps. Minorities
constituted approximately 10 percent of the total of officers,
noncommissioned officers, and professional soldiers; approximately 15
percent of the cadets at the military academy were from ethnic
minorities. Ethnic minorities constituted approximately 12 percent of
Ministry of Defense civilian employees. The Ministry of Defense stated
its intention of raising the percentage of ethnic Albanians to 22
percent during 2003; however, lower than expected applications and
higher than normal attrition rates among minority community recruits
have hampered these efforts.
The constitutional amendments mandated by the FWA provide that
Albanian is to be recognized as a second, official language in areas in
which it is spoken by more than 20 percent of the population. The FWA
stipulated that the Albanian language would be used officially in
Parliament for the first time in October by M.P.s newly elected in
September, with interpretation in the Macedonian language provided for
ethnic Macedonians and others. The November census was conducted in
Albanian and other minority languages. Progress in implementing other
FWA mandated use of minority languages was slow. In such areas where
ethnic Albanians comprise more than 20 percent of the population, the
FWA called for citizens to be able to communicate with local offices of
the central government in Albanian and receive responses in the same
language. In addition, Albanian-speaking citizens are supposed to be
able to receive personal documents in Albanian, and those accused of
crimes have the right to translation at state expense of all relevant
judicial proceedings and documents. A law on bilingual identification
cards was passed, but none had been produced by year's end. The
Ministry of Interior was still drafting the law on other travel
documents at year's end. The FWA stipulates that, ``the local
authorities will decide democratically on the use of other minority
languages in public bodies.'' Roma leaders continued to push for the
right to use Romani language in official settings, although the FWA
does not provide for use of minority languages of communities
comprising less than 20 percent of the population.
Ethnic Macedonians held approximately 85 percent of civil service
posts; ethnic Albanians held approximately 10 percent; and other
minorities held approximately 5 percent. Ethnic minorities complained
that they were disproportionately assigned to lower-ranking positions.
Only late in the year were greater numbers of professional positions
within the civil service opened up to ethnic Albanians as required by
the FWA, which stipulates hiring within the civil service based on an
ethnic group's percentage of the population.
The Constitution provides for primary and secondary education in
the languages of the ethnic minorities, and this provision was
reaffirmed in the FWA. Primary education was available in Macedonian,
Albanian, Turkish, and Serbian. Albanian-language education remained a
crucial issue for the ethnic-Albanian community; it was seen as vital
for preserving Albanian heritage and culture. Almost all ethnic
Albanian children received 8 years of education in Albanian-language
schools. The number of ethnic minority students who received secondary
education in their native languages continued to increase. Ethnic
Albanians complained that distribution of public educational resources
was not proportional to ethnic groups' representation within the
general population.
At the university level, ethnic minorities remained
underrepresented, although there was progress in increasing the number
of minority students. There were eased admission requirements for
minorities at the universities in Skopje and Bitola for up to 23
percent of available places, although the quota has not always been
filled. Most university education was conducted in the Macedonian
language; until 2001 there was Albanian-language university education
only for students at Skopje University's teacher training faculty. The
FWA required the state to provide publicly funded higher education to
ethnic Albanians in their language. In 2001 the private Southeast
Europe University was created with OSCE assistance. Classes were
conducted in Albanian, English, and Macedonian. Despite complaints
about the private university's relatively high prices, enrollment
continued to increase.
Ethnic Turks, who make up approximately four percent of the
population, also complained of governmental, societal, and cultural
discrimination. Their main concerns centered on the lack of Turkish-
language education and media. One continuing dispute has been over the
desire of parents who consider themselves Turkish to educate their
children in Turkish despite the fact that they do not speak Turkish at
home.
There were credible reports of occasional police violence and
harassment against Roma. Four police officers beat two ethnic Roma on
the outskirts of Stip (see Section 1.c.). Roma rights organizations
accused the police of reinforcing patterns of discrimination by
consistently siding with ethnic Macedonian citizens in disputes
involving Roma.
There was some Romani-language broadcasting. There were incidents
of societal violence against Roma during the year. Roma had the highest
rate of unemployment, the lowest personal and family incomes, were the
least educated, and had the highest birth and mortality rates of any
ethnic group in the country. The Government provided very little in the
way of social services to Roma. According to the 1994 census, Roma
comprised 2 percent of the population, but Romani leaders claimed that
the actual number of Roma was much higher. Optional Romani-language
education has been offered at several primary schools since 1996, but
there has been limited demand and no pressure for a more extensive
curriculum.
In 1999 approximately 6,000 Roma fled Kosovo and took up residence
in the country in response to both the Kosovo conflict and the
hostility of ethnic Albanian Kosovars, who widely considered the Roma
to have supported the Serbs and to have committed theft and other
crimes against ethnic Albanians during the crisis. Approximately 2,700
of these Romani refugees remained in the country at year's end. The
presence of these Romani refugees was not welcome among Macedonia's
ethnic Albanians, who largely shared the view of the ethnic Albanian
Kosovars concerning Roma. Ethnic Macedonians also expressed irritation
at the new arrivals, many of whom settled in Skopje, and some of whom
frequented busy traffic intersections to beg, wash car windows, or sell
small items. Roma tended to occupy the lowest economic position of
society, and the new arrivals have added to the number of Roma in the
ranks of the very poor.
The FWA allows ethnic-minority groups to display their national
emblems, next to the emblem of the Republic of Macedonia, on local
public buildings in municipalities in which they are a local majority.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to form trade unions. Independent trade unions have been allowed
to organize since 1992, when an Association of Independent and
Autonomous Unions was formed, although there was still a national trade
union. The Confederation of Trade Unions of Macedonia (SSM) was the
successor organization to the former Socialist labor confederation; it
was the Government's main negotiating partner on labor issues, along
with the Chamber of the Economy. The Confederation reportedly was
independent of the Government and committed to the interests of the
workers it represents. More than 50 percent of the legal workforce are
unionized, and unions were particularly strong in the garment industry.
Trade unions were widespread. The SSM encompassed approximately 14
separate unions organized according to the industry sectors. It has
become an interest-based autonomous labor organization. Membership was
voluntary and activities were financed entirely by membership fees.
Fee-paying members comprised almost 75 percent of all the employed
labor force. In recent years, there have been several newly formed
unions, including journalists, policemen, and farmers.
The law prohibits antiunion discrimination; however, it existed in
practice. Workers at times were fired for participating in union
activities, and because of the slow pace of the court system, it at
times took 2 to 3 years to legally regain employment.
Unions may affiliate freely with international labor unions and
many did so.
b. The Right to Organize and Bargain Collectively.--The
Constitution implicitly recognizes employees' right to bargain
collectively; however, implementing legislation in this area had not
been passed at year's end, and the concept of collective bargaining
remained in its infancy. Collective bargaining took place, but in the
country's weak economic environment employees had very little practical
leverage. Collective agreements were negotiated among the unions and
the Ministry of Labor and Social Welfare.
The Constitution provides the right to strike. In March the new
president of the SSM was elected and unions organized several strikes.
In May employees staged a weeklong strike against the public
administration to demand minimum wage; the Government agreed to set the
minimum monthly salary for State Administration employees at $84.33
(5,060 denars). During the year, there were frequent work stoppages at
many companies. The reasons for the strikes included demands for
overdue pay; demands for unpaid contributions for health and
retirement; objections to government changes in management personnel at
some state-owned entities; and objection to various decisions related
to privatization. With a few exceptions (including Nova Makedonija
employees blocking roads, the Makedonija Tabak strike turning violent,
student strikes that turned violent, and large strikes with 8,000
participants), strikes were small, non-violent, and confined to company
grounds.
Members of the police and military are prohibited from striking,
but on at least one occasion during the year, police threatened to
strike as a bargaining tool with the outgoing government over salary
increases, and military pilots also conducted a walk-out to protest
government non-payment of salaries.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, including by children; however, there were reports
that child labor was used in the ``gray economy'' and in illegal small
businesses (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution sets the minimum age for employment at 15
years, and 17 for work considered hazardous. According to the Law on
the Family, a minor (under age 18) under guardianship who is at least
15 does not need the guardian's approval to work and is free to use
his/her own salary. Working minors were placed under special protection
of the law, which declares that minors may not be employed in work that
is detrimental to their health and morality. The Law on Employment also
establishes special protection for minors, women, and workers with
disabilities. There were no studies or official data on the employment
of children under 15, but reported violations of child labor laws
increased during the year, and child labor was used in the ``gray
economy'' (including begging on the streets and selling cigarettes and
other small items at open markets, in the streets, and in bars or
restaurants, sometimes at night) and in illegal small businesses. Such
violations received only token punishment, if any, and thus children
remained vulnerable to exploitation. Children legally may not work
nights or more than 40 hours per week. The Ministry of Labor and Social
Welfare was responsible for enforcing laws regulating the employment of
children.
In January the Government ratified ILO Convention 182 on the worst
forms of child labor. In April 2001, Macedonia signed four conventions
of the Council of Europe to protect children. These four conventions
had not yet been ratified by Parliament at year's end.
Efforts to eliminate child labor abuse have been largely
ineffective, with reported violations of child labor laws increasing
over the years. While the necessary legal infrastructure was in place,
there has been little practical implementation of the policy and laws
and not much was done to raise public awareness on child labor abuse.
The NGO sector was active in organizing workshops on children's rights.
There were some programs and projects intended to prevent children from
engaging in child labor, such as the Project for Children on the
Streets, which organized shelters for abandoned children, and the
Ministry of Interior's opening of the Transition Center for women and
children involved in prostitution.
e. Acceptable Conditions of Work.--By the end of September, the
average monthly wage was approximately $186 (11,160 denars). The
minimum wage is set differently across sectors; the average monthly net
wage in September exceeded the value of the consumers' average monthly
supply of food for a family of four by 14 percent. Therefore, the
average wage did not provide a decent standard of living for workers
and their families. However, many persons took on supplemental work,
often in the ``gray market.'' The Government Statistics Office
estimated that 22.3 percent of the population lived below the poverty
line.
The country has an official 40-hour workweek with a minimum 24-hour
rest period and generous vacation and sick leave benefits. According to
labor regulations, an employee is entitled to 18 to 26 days of paid
vacation, not including weekends. However, high unemployment and the
fragile condition of the economy led many employees to accept work
conditions that did not comply with the law. Small retail businesses in
particular often required employees to work far beyond the legal
limits.
The Constitution provides for safe working conditions, temporary
disability compensation, and leave benefits. Although there are laws
and regulations on worker safety, they were not enforced strictly. The
Ministry of Labor and Social Welfare was responsible for enforcing
regulations pertaining to working conditions. Under the law, if workers
have safety concerns, employers are obliged to address dangerous
situations. Should an employer fail to do so, employees are entitled to
leave the dangerous situation without losing their jobs. Employers did
not always respect this right in practice.
f. Trafficking in Persons.--A new antitrafficking law that went
into effect on January 25 criminalizes trafficking in persons and
actions associated with trafficking in persons; however, trafficking of
women and girls for the purposes of prostitution and pornography
remained a problem. According to the Center for Interethnic Tolerance
and Refugees, in some isolated instances police were complicit in the
trafficking of persons.
Trafficking in persons for the purpose of illegal immigration is
not specifically prohibited by the new law but is covered by other
immigration regulations. Under the new trafficking law, traffickers are
penalized with a minimum of 4 years' imprisonment for most trafficking
crimes. A minimum of 6 months' sentence is mandated for the destruction
of identification papers of a trafficked person. The same minimum
sentence is also mandated for convicts who wittingly used or enabled
another person to use sexual services from a trafficked person. Greater
penalties were mandated for those who trafficked children.
During the year, charges were brought in at least three cases under
the new law. On February 12, police arrested an additional 3
traffickers in the Kumanovo area. The raids led to the rescue of six
women. On May 20, the first conviction of four men accused of
trafficking in women and children took place. In mid-November, the
Kumanovo Court sentenced another trafficker to three years in prison
for trafficking women. On December 5, the Ministry of Interior filed
criminal trafficking charges against a trafficker from Gostivar and
another from Bulgaria. On December 27, Macedonian law enforcement
officials conducted raids at bars in Skopje, Ohrid, and Velesta (a town
near Struga associated with trafficking), where there was a reasonable
suspicion that trafficked women were being held. Preliminary reports
indicated that 46 foreign females were detained or arrested and some
deported.
In December the Interior Ministry signed a statement of commitment
to legalize the status of trafficked persons that promoted a shift from
an exclusive arrest-oriented approach to a victim-centered approach.
The Government devoted resources to anti-trafficking programs,
including an interministerial working group devoted to legal reform, a
special police unit dedicated to antitrafficking efforts, and the
maintenance of a shelter for victims. The Interior Ministry's
Department of Organized Crime had the lead on anti-trafficking efforts
and devoted two persons to the issue full-time. The Government
routinely cooperated with neighboring governments and international
organizations in trafficking cases.
The Ministry of Interior estimated that there were between 500 and
2,000 victims of trafficking in Macedonia at any given time, and that
between 8,000 and 18,000 women and girls were trafficked to or through
the country per year. Although reportedly the country was a transit
country and a destination country for trafficked persons, officials
have acknowledged that a small number of citizens have been victimized.
Some noted that the country had become a destination and cited the
influx of personnel and money with foreign/military forces as a major
factor. Traffickers recruited or abducted women from other countries,
especially Moldova, Romania, and Ukraine, and to a lesser extent,
Kosovo and Croatia, to work as prostitutes in several Macedonian towns
and to be trafficked through the country on their way to Albania and
Kosovo, and then to Italy and other West European countries. Victims
were recruited through promises of gainful employment abroad. Many
victims were not aware that they were being trafficked. Trafficked
women and girls were frequently forced to work in brothels and
nightclubs. They were often subjected to violence, including rape,
assault, and intimidation.
According to the Center for Interethnic Tolerance and Refugees,
police in isolated cases were complicit in trafficking crimes.
Instances of corruption and involvement of police in trafficking in
persons occurred on the local level. In accordance with the new law,
victims rescued from their traffickers by police were no longer
immediately deported, but granted an extended stay in the country.
Victims were encouraged to provide information about their traffickers
for criminal prosecution, and there is a provision for the protection
of witnesses. Foreign women arrested for prostitution were usually
fined and deported. Police insensitivity was a problem, but sensitivity
training for police was slowly changing attitudes. In November the
Stability Pact Task Force on Trafficking in Human Beings developed a
training curriculum to raise police sensitivity. The Government did not
provide funding to NGOs to support victims' services. Most services
were provided by the International Organization for Migration (IOM).
The Government cooperated with IOM to provide shelter and medical and
psychological assistance to trafficked women. Public awareness of the
problem was low but was increasing by year's end. As a result of IOM's
work, and other international assistance, there was growing engagement
of civil society and a referral system and hotline were established.
__________
MALTA
Malta is a constitutional republic and a parliamentary democracy.
The chief of state (President) appoints as the head of government
(Prime Minister) the leader of the party that gains a plurality of
seats in the quinquennial elections for the unicameral legislature. The
judiciary is independent.
The appointed commissioner who commands the police was under the
effective supervision of the Government and may be either a civilian or
career member of the force.
The economy was a mixture of state-owned and private industry, with
tourism and light manufacturing the largest sectors. It provided
residents with a moderate to high standard of living. The country had a
population of 393,447 in 2001.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provide effective means of
dealing with individual instances of abuse. Violence against women
remained a problem, and societal discrimination against women
persisted; however, the Government took steps to address both issues.
Malta was invited by the Community of Democracies' (CD) Convening Group
to attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Male
prisoners were held separately from female prisoners, juvenile
offenders were held separately from adult criminals, and pretrial
detainees were held separately from convicted prisoners.
The Government permits visits by independent human rights
observers; however, there were no reported prison visits during the
year. In May 2001, the European Committee for the Prevention of Torture
visited the country's main detention facilities. The Committee released
a positive report in August.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the
law prohibit arbitrary arrest and detention, and the Government
generally observed these prohibitions. The police may arrest a person
for questioning on the basis of reasonable suspicion but within 48
hours must either release the suspect or file charges. Arrested persons
have no right to legal counsel during this 48-hour period. Persons
incarcerated pending trial were granted access to counsel. Bail
normally was granted. Detention cells, which recently were extensively
refurbished and upgraded, were in use at police headquarters.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
In August the Chief Justice and a second judge resigned their
judicial position due to bribery allegations made against them
involving a prison sentence appeal. As of year's end, criminal
corruption charges were outstanding against both officials, and trials
were scheduled for 2003.
The President, on the advice of the Prime Minister, appoints the
Chief Justice and 16 judges. Judges serve until the age of 65, and
magistrates serve until the age of 60. The highest court, the
Constitutional Court, interprets the Constitution and has original
jurisdiction in cases involving human rights violations and allegations
relating to electoral corruption charges. The two courts of appeal hear
appeals from the civil Court, court of magistrates, special tribunals,
and the criminal court, respectively.
The criminal court, composed of a judge and nine jurors, hears
criminal cases. The civil court first hall hears civil and commercial
cases that exceed the magistrates' jurisdiction; the civil court's
second hall offers voluntary jurisdiction in civil matters. The court
of magistrates has jurisdiction for civil claims of less than $2,360
(2,179 euros) and for lesser criminal offenses. The juvenile court
hears cases involving persons under 16 years of age.
The Constitution provides for the right to a fair public trial
before an impartial court, and an independent judiciary enforces this
right. Defendants had the right to counsel of their choice or, if they
could not pay the cost, to court-appointed counsel at public expense.
Defendants enjoyed a presumption of innocence, may confront witnesses,
present evidence, and had the right of appeal.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice;
violations were subject to effective legal sanctions. Police officers
with the rank of inspector and above were allowed to issue search
warrants based on reasonable grounds for suspicion of wrongdoing. Under
the law, special powers such as telephone tapping are available to the
security services only under specific written authorization of the
Minister for Home Affairs or the Prime Minister; such actions were
permitted only in cases related to national security, including
combating organized crime. A special commission and security committee
examined these authorizations; the Prime Minister, the Leader of the
Opposition, and the Ministers for Home and Foreign Affairs sat on this
committee and oversaw the service's work.
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, the law bans foreign
participation in local politics during the period leading up to
elections, although this provision rarely was used. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press, including
academic freedom.
Diverse views were expressed in four daily newspapers, and 10
weekly newspapers, including 6 Sunday editions. A total of 6 television
stations, a commercial cable network, and 19 radio stations functioned
freely. Internet access was available and unrestricted.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution establishes Roman Catholicism as the State
religion. The Government and the Catholic Church participated in a
foundation that finances Catholic schools. While religious instruction
in Catholicism was available in all state schools, the Constitution
established the right not to receive this instruction if the student
(or guardian, in the case of a minor) objects.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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. In
2001 the Government rescinded a court order prohibiting the departure
from the country of anyone who was the subject of a formal complaint
that alleged non-fulfillment of a legal obligation, such as the
nonpayment of a debt or nonsupport of an estranged spouse.
The Refugee Act of 2000 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, and the Government
cooperated with the office of the U.N. High Commissioner for Refugees
(UNHCR). The law provides for refugee status, access to free social
services and education,
residence permits, and travel documents. Work permits for refugees
were issued on a case-by-case basis. A 2001 law expanded due process
and the protection available to refugees applying for asylum and
established a refugee commission and an appeals board to review asylum
applications.
The Government provides for first asylum.
During the year, the refugee commission received 194 applications
for refugee status. It approved 9 of these and refused 176. Seven
remained pending, and two were withdrawn at year's end. Of the 176
refused cases there were 60 persons, including 22 children, who were
offered temporary humanitarian protection because of difficulties in
returning to their homeland.
There were no reports of the forced return of any 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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
There were 6 women in the 65-seat House of; one held ministerial
rank in the 14-member Cabinet. There were four women in the
Magistrates' Court. The Government has taken steps to include more
women in the civil service and other government positions, and 8 to 10
percent of senior government officials were female;, 11 women were
serving as chairpersons on appointed government boards at year's end.
In July the Government appointed its first woman Ambassador; she serves
as diplomatic envoy to Spain.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution and law prohibit discrimination based on race,
place of origin, political opinion, color, creed, or sex. Alleged
victims of job discrimination were allowed to apply directly for
redress to the Employment Commission of the first hall of the Civil
Court in the appropriate jurisdiction.
Women.--Domestic violence against women was a problem. Between
January and July, the Police Domestic Violence Unit received 113
reports of domestic violence, compared with 185 reports in 2001. A
special police unit and several voluntary organizations provided
support to victims of domestic violence. There was a hotline to assist
victims of abuse through counseling and referrals to legal assistance
shelters. The Government provided support to victims of domestic
violence through the Department of Welfare for the Family and its
Social Welfare Agency known as Appogg. Early in the year, the
Government contributed to the setting up of a shelter for women and
children who might have become homeless for various reasons. The
Government also maintained an emergency fund and subsidizes shelters.
The Government also provided financial support to a shelter operated by
the Catholic Church. In 1998 the Government set up a committee to
review existing family legislation and propose amendments dealing with
domestic violence; however, no new legislation had been enacted by
year's end.
Rape and violent indecent assault carry sentences of up to 10
years' imprisonment. The law treats spousal rape in the same manner as
other rape. Divorce is not legal.
Prostitution is a serious offense under the law, and stiff
penalties are reserved for organizers. Although exact figures were not
available, there were some prosecutions during the year.
The Constitution provides that all citizens have access, on a
nondiscriminatory basis, to housing, employment, and education;
however, while women constitute a growing portion of the work force,
they were underrepresented in management. Cultural and traditional
employment patterns often directed women either into traditional
``women's jobs'' (such as teachers or nurses) or into jobs in family-
owned businesses or select professions (academia or medicine). As a
result, women generally earned less than their male counterparts.
Women's issues were handled by the Department for Women in Society
and the National Commission for the Advancement of Women under the
Minister of Social Policy. The Commission's program for 2001 focused on
broader integration of women into society. It advised the Government on
the implementation of policies in favor of equality of the sexes. The
Department for Women in Society was responsible for the implementation
of initiatives and guidelines set by the Commission.
Women enjoyed equality in matters of family law and the Government
promoted equal rights for all persons regardless of sex. The Government
took steps to provide gender-neutral legislation, and redress in the
courts for sexual discrimination was available.
Children.--The Government was committed strongly to children's
rights and welfare. It provided free, compulsory, and universal
education through age 16. The Government provided universal free health
care to all citizens.
The Government addressed concerns for children's rights and welfare
within family law.
There was no societal pattern of abuse of children, and the number
of reported cases of child abuse decreased from the previous year. As
of the end of June, 468 cases of child abuse had been reported. A
``helpline'' telephone number existed for reports of suspected cases of
child abuse.
Persons with Disabilities.--The law provides for rights for persons
with disabilities. The 2000 Persons with Disabilities Act built on
provisions in the public employment and accessibility laws and requires
the private sector to apply equal employment guarantees already in
place in the public sector. For example, private development project
plans must include access for persons with disabilities. Efforts
continued during the year to provide children with disabilities with
access to mainstream schools as opposed to segregated schools. The
Employment Training Corporation was responsible for registering
unemployed persons with disabilities to ensure compliance with the law,
which requires that every company employing more than 20 persons hire
at least 2 percent of its workforce from the Register for Unemployed
Disabled Persons.
National/Racial/Ethnic Minorities.--In 2000 there were
approximately 2,000 Muslims living in the country. Owners of some bars
and discos periodically discouraged or prohibited darker-skinned
persons, especially of African or Arab origin from entering their
establishments.
In May the Government amended the Criminal Code, making racial
hatred a crime. In November a court convicted the editor of an
independent newspaper and a former columnist of racial hatred,
following the publication of an article earlier in the year.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides workers
with the right to associate freely, and workers exercised this right in
practice. There were 38 registered trade unions, representing about 63
percent of the work force. Although all unions were independent of
political parties, the largest, the General Workers' Union generally
was regarded as having close informal ties with the Labour Party.
Under the law, the responsible minister may refer labor disputes
either to the Industrial Tribunal (a government-appointed body
consisting of representatives of government, employers, and employee
groups) or to binding arbitration. The International Labor Organization
(ILO) Committee of Experts for many years has criticized a provision of
the law that permits compulsory arbitration to be held at the request
of only one of the parties, in contravention of ILO Convention 87.
Under the law, an employer may not take action against any employee
for participation or membership in a trade union. Complaints were
allowed to be pursued through a court of law, through the Industrial
Tribunal, or through the Tribunal for the Investigation of Injustices
(presided over by a judge of the Superior Court); however, most
disputes were resolved directly between the parties. Workers fired
solely for union activities must be reinstated. There were no reports
of such firings during the year.
There is no prohibition on unions affiliating internationally, and
many unions have such affiliations.
b. The Right to Organize and Bargain Collectively.--Workers are
free, in law and practice, to organize and bargain collectively. In
September 2001, the Government established the Malta Council for
Economic and Social Development as an advisory body between the
Government, unions, and employers. It may also consult other
organizations to advise on issues related to the economic and social
development.
Workers had the right to strike. Only noncivilian personnel of the
armed forces and police were prohibited from striking. In principle a
striking union was allowed to ignore an unfavorable decision of the
Industrial Tribunal by continuing to strike on other grounds.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and there were
no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law prohibits the employment of children younger than
age 16. The Department of Labor enforced the law effectively, but
allowed summer employment of underage youth in businesses operated by
their families; some underage children were employed as domestics,
restaurant kitchen help, or vendors.
e. Acceptable Conditions of Work.--The weekly minimum wage was
$111.70 (103 euros) for persons under age 17; $114.58 (106 euros) for
17-year-olds; and $121.47 (112 euros) for persons aged 18 and over. In
addition, an annual mandatory bonus of $520 (480 euros) was paid. This
minimum wage structure provided a decent standard of living for a
worker and family with the addition of government subsidies for
housing, health care, and free education. Wage Councils, composed of
representatives of government, business, and unions, regulated work
hours; for most sectors the standard was 40 hours per week, but in some
trades it was 43 or 45 hours per week.
Government regulations provide for a daily rest period, which was
normally 1 hour, and 1 day of rest per week. The law mandates an annual
paid vacation of 4 workweeks plus 4 workdays. The Department of Labor
generally enforced these requirements.
Enforcement of the Occupational Health and Safety Authority Act was
uneven, and industrial accidents remained frequent. Workers were
allowed to remove themselves from unsafe working conditions without
jeopardy to their continued employment.
f. Trafficking in Persons.--In May the Government amended the
criminal code, prohibiting trafficking in persons, and there were no
reports that persons were trafficked to, from, or within the country.
The White Slave Traffic Ordinance and the Criminal Code prohibit
procurement for prostitution, pornography, sexual offenses, defilement
of minors, illegal detainment, unlawful carnal knowledge, and indecent
assault. Traffickers may be prosecuted under the criminal code or under
the Immigration Act for unlawful entry or unregulated status. In 2001
the penalty was increased for illegal transportation of persons.
__________
MOLDOVA
The Constitution of Moldova, adopted in 1994, provides for a
multiparty representative government with power divided among a
president, cabinet, parliament, and judiciary. Parliament amended the
1994 Constitution in July 2000 transforming the country into a
parliamentary republic and changing the presidential election from a
popular to a parliamentary vote. In December 2000, after several tries,
Parliament was unable to elect a president, and President Petru
Luchinschi dismissed the Parliament. In February 2001, parliamentary
elections were held, which resulted in a new communist-majority
Parliament and government. International observers considered the
parliamentary elections to be generally free and fair; however,
authorities in the separatist Transnistria region interfered with the
ability of residents there to vote. In April 2001, Parliament elected
Communist Party leader Vladimir Voronin as President. The Constitution
provides for an independent judiciary; however, observers reported that
judges remained subject to outside influence and corruption.
In 1991 separatist elements, assisted by Russian military forces in
the area, declared a ``Dniester Republic'' in Transnistria between the
Dniester River and Ukraine. The Moldovan government does not control
Transnistria. Unless otherwise stated, all references herein are to the
rest of the country.
The Ministry of Internal Affairs has responsibility for the police.
The Information and Security Service (ISS) controls the other security
organs, except for the Border Guards, which are a separate agency. The
Constitution assigns to Parliament the authority to investigate the
activities of the Ministry of Internal Affairs and the ISS and to
ensure that they comply with existing legislation. The ISS has the
right to investigate crimes but not to arrest individuals. There were
reports that the security forces committed some human rights abuses.
The country has a population of approximately 4.35 million, of whom
approximately 750,000 live in Transnistria. The Government was engaged
in a program of privatization; agriculture, the most important economic
activity, largely has been privatized. The majority of manufacturing
sector enterprises were owned privately, but small equity positions
(even 5 to 10 percent) gave the Government disproportionate influence
in the affairs of these enterprises. Most small shops and virtually all
service sector businesses were owned privately. The ``shadow economy''
reportedly accounted for 30 to 70 percent of the economy. According to
government statistics, approximately 82 percent of the population lived
below the officially designated ``subsistence minimum.''
The Government generally respected the human rights of its
citizens; however, there were problems in some areas, and the human
rights record of the Transnistria authorities was poor. Citizens
generally have the right to change their government, although this
right was restricted severely in Transnistria. The Government allegedly
engaged in extralegal maneuvering to remove the popularly elected
governor of the autonomous region of Gagauzia. There were some reports
that authorities tortured and beat persons, particularly persons in
police custody and Roma. Prison conditions remained harsh, with
attempts to improve them hampered by lack of funding. The judicial
system, while underfunded and subject to outside influences and
corruption, continued to demonstrate independence from the Government
and Parliament. It is believed widely that security forces monitored
political figures, used unauthorized wiretaps, and at times conducted
illegal searches. There were some restrictions on freedom of the press,
including defamation and calumny laws that encouraged self-censorship.
There were legal limits on freedom of association. Religious practice
generally was unrestricted; however, a few religious groups encountered
difficulties in obtaining official registration. On several occasions,
individuals who claimed asylum were detained in the transit zone at the
airport without access to legal counsel or to the U.N. High Commission
for Refugees (UNHCR). Violence and societal discrimination against
women and Roma persisted. There were some limits on workers' rights.
Trafficking in women and girls continued to be a very serious problem
that began receiving greater attention from the Government. Moldova was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
The Transnistrian authorities reportedly continued to use torture
and orchestrated a serious physical attack against an NGO leader on at
least one occasion. Arbitrary arrest and detention remained a problem.
Prison conditions in Transnistria remained harsh, and three ethnic
Moldovan members of the Ilascu group remained in prison despite charges
by international groups that their trials were biased and unfair. Human
rights groups were not permitted to visit prisoners in Transnistria.
The Transnistrian authorities harassed independent media, restricted
freedom of association and of religion, and discriminated against
Moldovan/Romanian-speakers.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.
There were no reports of the arbitrary or unlawful deprivation of
life committed by the Government or its agents in the country or its
separatist region.
b. Disappearance.--There were two reports of politically motivated
disappearances.
Member of Parliament and Deputy President of the opposition Popular
Christian Democratic Party (PPCD) Vlad Cubreacov disappeared on March
21 and reappeared in good health on May 25. The disappearance has not
been explained, but Cubreacov was actively involved in organizing PPCD-
led anti-Communist protests, has worked as counselor for the
Bessarabian Metropolitan Church, and has been a loud and critical voice
in the country's delegation to the Council of Europe's Parliamentary
Assembly.
On August 2, Deputy Director of the Department of Informational
Technologies Petru Dimitrov was kidnaped and remained missing at year's
end. Law enforcement officials stated that witnesses saw two men
kidnaping Dimitrov.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits torture and other cruel,
inhuman, or degrading treatment or punishment; however, there were
allegations that police arrest and interrogation methods were cruel and
degrading and unconfirmed reports by inmates that prison guards beat
them.
On March 7, officers of a special detachment of the Ministry of
Interior Affairs allegedly beat and detained Gagauz official, Ivan
Burgudji (see Section 1.d.).
The European Roma Rights Center reported that law enforcement
officials regularly subjected Roma to torture or other cruel, inhuman,
or degrading treatment or punishment (see Section 5).
The Chisinau municipal Prosecutor's Office began investigating the
case of violent clashes in Chisinau between police and students in
2001, but it has never released the results and the case was suspended
during the year.
The Helsinki Committee reported that local authorities used torture
in Transnistrian Prison Number Two during a military training exercise
there in August 2001. According to the Helsinki Committee,
approximately 50 convicts sustained injuries during these ``lessons in
behavior.'' Transnistrian authorities and part of the Transnistrian
press denied that soldiers tortured the prisoners.
There were unsubstantiated reports by local nongovernmental
organizations (NGOs) of involvement by government officials in the
trafficking of women and girls (see Section 6.f.).
Conditions in most prisons in both Transnistria and the rest of the
country remained harsh with serious overcrowding. Cell sizes did not
meet local legal requirements or international standards. Conditions
were especially harsh in prisons used to hold persons awaiting trial or
sentencing. As of September 1, 3,020 individuals were awaiting trial
(see Section 1.d.). These prisons suffered from overcrowding, bad
ventilation, and a lack of recreational and rehabilitation facilities.
Conditions for those serving sentences were only marginally better. The
incidence of malnutrition and disease, especially tuberculosis, was
high in all prison facilities. The medical section of the Department of
Penitentiaries released figures at year's end showing that 1,035
inmates had active tuberculosis and 191 had HIV/AIDS. The mayor of the
Transnistrian-controlled city of Benderi insisted that the central
Ministry of Justice abandon a hospital-prison for tuberculosis-infected
inmates in his city. Benderi authorities intermittently cut off
utilities to the prison, blocking them permanently in late September.
Attempts to improve prison conditions continued to be frustrated by a
lack of financing. Abuse of prisoners by other prisoners or by jailers
themselves, ostensibly for disciplinary reasons, was reduced by the
dismissal or retirement of some of the worst offending guards; however,
the practice likely continued at diminished levels.
Female prisoners were held separately from male prisoners.
According to UNICEF, the country had only one small facility, similar
to a detention camp, for juveniles convicted of crimes, and one women's
prison had a small section for juvenile girls. There is no juvenile
justice system (see Section 1.e.). Children accused of crimes usually
were tried by the criminal courts and, if sentenced, sent to adult
prisons where they were held in separate cells. Pretrial detainees were
held separately from convicted prisoners, although according to one
report, there were cases in which convicted prisoners remained in
pretrial detention facilities after conviction due to over-crowding in
prisons.
In general both government and independent human rights observers
were permitted to visit prisons. The Moldovan Center for Human Rights
made regular prison visits during the year. The Government has
cooperated with the International Committee of the Red Cross (ICRC) in
the past, permitting visits to prisoners from the 1992 conflict;
however, an ICRC request for permission to visit the Ilascu Group,
imprisoned in Transnistria, was denied.
d. Arbitrary Arrest, Detention, or Exile.--The Soviet Code on Penal
Procedure, which prohibits arbitrary arrest and detention, has remained
in force with some amendments since before independence, and
authorities generally respected its provisions. On April 18, Parliament
adopted a new Penal Code, which was scheduled to come into effect on
January 1, 2003. Experts from the Organization for Security and
Cooperation in Europe (OSCE) and the American Bar Association/Central
and Eastern European Law Initiative assisted a parliamentary commission
in drafting the new code. Judges issued arrest warrants based on cases
presented by prosecutors.
Under the Constitution and the Penal Procedure Code, detainees must
be informed immediately of the reason for their arrest and must be made
aware of the charges against them as quickly as possible. As a result
of a constitutional change that took effect in August 2001, a suspect
may be detained without charge for 72 hours, an increase from 24 hours.
Under the Constitution, the accused has the right to a hearing before a
court regarding the legality of his arrest.
A suspect normally is allowed family visits and has the right to a
defense attorney throughout the entire process (see Section 1.e.). The
attorney must be present when the charges are brought. Many lawyers
pointed out that access to a lawyer generally was granted only after a
person had been detained for 24 hours, and often the accused were
presented with the charges against them without the presence of a
lawyer.
If charged, a suspect may be released on personal recognizance
pending trial. No system of bail exists, but in some cases, to arrange
release, a friend or relative was allowed to give a written pledge that
the accused will appear for trial. Suspects accused of violent or
serious crimes generally were not released before trial.
On March 7, Gagauz official and well-known Gagauz nationalist, Ivan
Burgudji, was beaten and arrested in his local government office by
what is believed to have been a special detachment of the Ministry of
Internal Affairs. A week earlier he and two other local officials were
charged with disrupting a February 24 referendum organized in the
region by pro-Communist local leaders to attain a popular vote of no
confidence in then-Governor of Gagauzia, Dmitry Croitor. However, the
official charges for his arrest were ``abuse of power'' and ``malicious
hooliganism.'' Burgudji was held until April 17, when he was released
on bail. The case against him was still ongoing at year's end. Because
the February 24 referendum was not organized in accordance with
national legislation, critics charged that political reasons led to the
charges and Burgudji's detention.
Local and international NGOs reported arbitrary detention and
arrests of Roma without cause or warrants, often without access to a
lawyer (see Section 5).
The Constitution and the Penal Procedure Code permit pretrial
detention for an initial period of 30 days, which a court may extend to
12 months. Parliament may also approve the extension of pretrial
detention to 12 months on an individual basis. Detentions of several
months were fairly frequent, and in some rare cases pretrial detention
was extended for several years. At year's end, according to figures
provided by the Ministry of Justice, 3,020 persons of a total prison
population of 10,837 were held in confinement awaiting trial. The total
prison population of minors was 251. On several occasions, individuals
who claimed asylum were detained in the transit zone at the airport
without access to legal counsel or to the UNHCR (see Section 2.d.).
At times during the year, the Transnistrian authorities used a 1994
decree to impose a ``state of emergency'' in the region that allowed
law enforcement officials to detain suspects for up to 30 days,
reportedly without access to an attorney. Such arbitrary detention
procedures usually were applied to persons suspected of being critical
of the regime and sometimes lasted up to several months. According to a
credible report by Amnesty International (AI), many such persons were
held in pretrial detention in Transnistria during the year. The decree
was formally lifted in October 2001; however, the authorities in
Transnistria continued to exercise arbitrary detention as common
practice. The most recent example of this was the 2-week August
detention of Nicolae Speian, director of the Grigoriopol-based school
using the Latin script for instruction of Romanian/Moldovan (see
Section 2.a.). Speian was charged with hooliganism for insulting the
Chairman of the Grigoriopol district and received an administrative
punishment of 15 days of detention.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, many observers believed that arrears in
salary payments made it difficult for judges to remain independent of
official pressure and free from corruption. On July 25, Parliament
passed a salary increase for all judges and prosecutors that went into
effect on November 1.
The Constitutional Court showed strong signs of independence during
the year. The Court issued a number of rulings balancing out several
controversial initiatives of the Communist authorities that both the
opposition and the Parliamentary Assembly of the Council of Europe
(PACE) criticized. These included two decisions resulting in the
annulment of the most controversial parts of a retrogressive Soviet-
style territorial-administrative change: A March 14 decision struck
down key parts of the public administration law, including the
provision that mayors no longer be popularly elected; and a February 19
decision led to the cancellation of early local elections. The Court
also struck down provisions regarding an increased use of the Russian
language, which helped relieve the tense situation between authorities
and the opposition during months of protests (see Section 2.b.). The
Court's decisions generally were regarded as fair and objective;
however, critics charged that the Government's reappointment decisions
were based on judges' political loyalty. Critics frequently charged
that other courts were corrupt or politically influenced, but these
charges remained hard to prove.
The judiciary consists of lower courts, five appellate courts
(tribunals), a Higher Court of Appeals, and a Supreme Court. The
Supreme Court supervises and reviews the activities of the lower courts
and serves as a final court of appeal. A separate Constitutional Court
has authority exclusively in cases regarding the constitutionality of
draft and final legislation, decrees, and other government acts.
The Constitution provides that the President, acting on the
nomination of the Superior Court of Magistrates, appoints judges for an
initial period of 5 years. This provision for tenure was designed to
increase judicial independence. Beginning in 2000, judges being
considered for reappointment have been required to take a specialized
training course at the Judicial Training Center, after which they were
subject to tests evaluated by the Superior Council of Judges. The
results were considered when making reappointment decisions. This
process was designed to increase the professionalism of the judges.
The Prosecutor General's office is an autonomous office within the
judiciary branch that answers to Parliament. Since 1997 prosecutors
have had the right to open and close investigations without bringing
the matter before a court, which gave them considerable influence over
the judicial process. The Prosecutor General's office is responsible
for criminal prosecution, the presentation of formal charges before a
court, and the overall protection of the rule of law and civil
freedoms.
There is no juvenile justice system (see Section 1.c.). Children
accused of crimes usually were tried by the criminal courts.
By law defendants in criminal cases are presumed innocent; however,
in practice prosecutors' recommendations still carried considerable
weight and limited the defendant's actual presumption of innocence.
Trials generally were open to the public. Defendants have the right to
a lawyer and the right to attend proceedings, confront witnesses, and
present evidence. If the defendant cannot afford an attorney, the
Government requires the local bar association to provide one. Because
the Government was unable to pay ongoing legal fees, defendants often
did not have adequate legal representation. Prosecutors occasionally
used bureaucratic maneuvers to restrict lawyers' access to clients.
Defense attorneys were able to review the evidence against their
clients when preparing cases. The accused has a right to appeal to a
higher court. The Constitution provides for the right of the accused to
have an interpreter both at the trial and in reviewing the documents of
the case. If the majority of the participants agree, trials may take
place in Russian or another acceptable language instead of Moldovan/
Romanian.
Due to a lack of funding for adequate facilities and personnel,
there was a large backlog of cases at the tribunal and Higher Appeals
Court levels. According to the Justice Ministry, only approximately 75
percent of all court rulings were carried out due to the economic
crisis, a lack of judicial and prosecutorial resources, and the absence
from the country of many working-age individuals against whom judgments
were levied.
There continued to be credible reports that local prosecutors and
judges extorted bribes for reducing charges or sentences. There was no
progress in the case of the 2001 request by the Prosecutor General to
dismiss a judge so that he would lose immunity and could be prosecuted;
the judge had freed an alleged leader of an organized crime group
specializing in targeted killings and kidnapings, reportedly for a
large bribe.
The country has a military justice system, whose courts have
generally the same reputation as civilian courts. A military prison,
used only for disciplinary cases for members of the armed forces, is
housed at Marculesti air force base.
In Transnistria three ethnic Moldovan members of the Ilascu Group
remained in prison following the May 2001 release of their leader. The
European Court of Human Rights (ECHR) has not yet ruled on a case that
the wives of the Ilascu Group filed in 1999 against Moldova and Russia
and did not withdraw after the leader's release last year. Ilascu, who
subsequently became a Romanian parliamentarian, and international
organizations continued to urge the Transnistrian authorities to
release the remaining members of the Ilascu Group or retry them in a
proper court under international monitoring, despite a decrease in
public attention following Ilascu's release. Transnistrian authorities
denied the ICRC's repeated requests during the year for permission to
see these prisoners (see Section 1.c.).
There were no reports of political prisoners other than those in
Transnistria.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government did not respect these prohibitions in practice.
No judicial review exists for search warrants, which prosecutors
issue. It was believed widely that the security agencies conducted
illegal searches without proper authorization. Courts did not exclude
evidence that was obtained illegally. The Constitution specifies that
searches must be carried out ``in accordance with the law'' but does
not specify the consequences if the law is not respected. The
Constitution also forbids searches at night, except in the case of
flagrant crime, and this prohibition generally was respected. By law
the prosecutor's office must authorize wiretaps and may do so only if a
criminal investigation is underway; however, in practice the
prosecutor's office lacked the ability to control the security
organizations and the police or to prevent them from using wiretaps
illegally. It was believed widely that security agencies continued to
monitor residences and telephones electronically.
Since September 2001, police reportedly informed persons of Middle
Eastern origin that they were being monitored carefully. As of
September, police again reportedly enhanced their surveillance of
foreign Muslim students.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution and the law
provide for freedom of speech and of the press; however, there were
some restrictions on these rights. The Government generally did not
limit freedom of speech; however, it used provisions of the electoral
law and a calumny law against some critics, and journalists practiced
some self-censorship. Nevertheless there was an active independent
media.
The print media expressed a wide variety of political views and
commentary. National and city governments subsidized a number of
newspapers. Political parties and professional organizations, including
trade unions, also published newspapers. Most newspapers had a
circulation of fewer than 5,000 copies. There were several independent
radio stations, including one religious station, with some stations
rebroadcasting programs from Romania and Russia. Three independent
television stations operated in the Chisinau area and one in the city
of Balti. The Chisinau licensed stations mostly rebroadcast programs
from other stations, along with local news shows and some of their own
programs. The Government owned and operated several radio stations and
a television station that covered most of the country. Some local
governments, including Gagauzia, operated television and radio
stations; however, during the year central authorities sought to limit
Gagauz media independence.
The number of media outlets that were not owned and operated
publicly by the State or a political party grew. However, most of these
independent media remained in the service of and secured large
subsidies from political movements, commercial or ethnic interests, or,
until last year, foreign governments. In July 2001, Parliament amended
the Press Law to prohibit funding or support of Moldovan publications
by foreign governments. Observers presumed that the amendment was aimed
at Romanian government support for opposition groups; however, the new
prohibition also may apply to publications funded as part of
international aid programs and potentially could hinder human rights
groups, foreign donors, sponsors of democratization projects, and other
nonpolitical organizations. At year's end, no cases had been opened
against any publications for receiving financial support directly from
foreign donors. Romanian-supported publications circumvented the law by
receiving funds from ``foundations'' created for this purpose, while
the Government has not attempted to prosecute publications receiving
direct funds from other states.
The state-run Audio-Visual Council (AVC) requires cable television
companies to carry state television shows. In February 2001, Catalan-
TV, an independent station that was in arrears for nonpayment of its
station license fees, ceased operations after the AVC withdrew its
license, ostensibly because of the arrears. However, observers noted
that despite repeated warnings, Catalan had continued broadcasting
materials during the parliamentary elections that were in violation of
the electoral law, which limits broadcasting time to each party.
A 1995 law requires that a minimum of 65 percent of broadcasting be
in the state (Moldovan/Romanian) language. In August 2000, the AVC
issued citations to several radio and television channels and
threatened to revoke their licenses for their failure to respect this
requirement. This action led to renewed controversy over the status of
the Russian and Moldovan/Romanian languages (see Section 5). In 2000
following protests from both domestic and foreign groups, Parliament
approved an interpretation of the law that 65 percent of locally
produced content, rather than 65 percent of total airtime, had to be in
the state language. In 2001 Parliament also eliminated the legal
requirement that all advertisements be accompanied by a translation in
the state language and allowed advertisers to use any language.
Although the Constitution restricts press freedoms and some speech
by forbidding ``disputing or defaming the State and the people,'' these
restrictions lack implementing legislation and were not invoked.
However, a calumny law prohibits defaming high-level public officials.
In the past, criticism of public figures resulted in a number of
lawsuits. As a consequence, journalists practiced self-censorship to
avoid lawsuits. The Supreme Court in 1999 overturned an article in the
Civil Code that allowed public figures to sue for defamation without
distinguishing between their public and private persons. Under this
ruling, parties filing lawsuits must prove that the information was
false and defamatory and published recklessly or with intentional
malice. Since then, plaintiffs generally have lost in cases in which
suits have been filed against journalists and media organs. Under the
calumny law, the Prosecutor General investigated and prosecuted the
former head of the Department to Combat Corruption and Organized Crime,
General Nicolae Alexei, who had become a parliamentary deputy and a
member of the opposition Christian Democratic Party. Many observers
believed that this affiliation was the real reason for his being
charged. The Supreme Court of Justice did not rule on Alexei's case by
year's end.
The Constitution prohibits censorship, and the Government
officially did not censor books, films, or any other media; however,
members of Parliament and other government officials often contacted a
media outlet with complaints about their reporting, which usually
resulted in the criticism being toned down. On February 26, an
estimated 4,000 demonstrators, including many employees of state
television, protested what they termed censorship by the national
public broadcasting company ``Teleradio-Moldova.'' They protested the
station's failure to cover antigovernment demonstrations in downtown
Chisinau and its exclusion of opposition viewpoints from broadcasts. A
special commission was formed on March 7 to address these charges. In
an effort to comply with a Council of Europe recommendation for the
creation of an independent public broadcasting system, on July 26,
Parliament adopted a new law on the national public broadcasting
company ``Teleradio-Moldova.'' The law nominally transformed the state
broadcasting company into an independent public television and radio
broadcaster; however, articles 12 through 19, which outline the
administrative structure of the company, suggest that the Government
maintains significant control. Critics and PACE urged authorities to
revise the law based on input from associations representing the media
and the political opposition and the recommendations on the Council of
Europe.
Print and broadcast journalists reportedly practiced self-
censorship regularly due to government and public figures' use of the
electoral and calumny laws to sue for defamation and complaints from
authorities of news coverage.
In November 2001, the Government charged an independent
publication, Kommersant Moldovy, with being a danger to state security
for its alleged support for the separatist Transnistria regime and
closed it on the grounds that it was having financial troubles. The
paper re-opened under the name Kommersant Plus only a few days later
and maintained a pro-Transnistrian political view.
The Government did not restrict foreign publications. However, some
foreign publications were not widely circulated due to high costs.
Russian newspapers were available, and some published special Moldovan
weekly supplements. The country received television and radio
broadcasts from Romania, France, and Russia. A small number of cable
subscribers received a variety of other foreign television programs,
including news programs. Few residents had satellite television.
Parliament has prohibited the use of locally based foreign media
outlets for political campaigning.
In 2000 legislation was passed giving the public access to
information from government organizations; however, few individuals
knew of this right and government organizations largely did not comply
with the law, claiming a lack of resources.
The Government did not limit Internet access. Private Internet
accounts were prohibitively expensive; however, Internet cafes were
plentiful in major cities.
Of the two major newspapers in Transnistria, one was controlled by
the separatist authorities, and the other by the Tiraspol city
government. There was one independent weekly newspaper in Benderi and
another in the northern Transnistrian city of Ribnitsa. At times the
independent newspapers criticized the Transnistrian regime, for which
the separatist authorities harassed them. Other print media in
Transnistria did not have a large circulation and appeared only on a
weekly or monthly basis; some of them also criticized local
authorities. Most Moldovan newspapers did not circulate widely in
Transnistria, although they were available in Tiraspol.
The Government did not restrict academic freedom; however, during
the year Transnistrian authorities increasingly pressured schools in
the region teaching Moldovan/Romanian in Latin script (rather than
Cyrillic script used in Soviet Moldova) and using the curriculum of the
central Ministry of Education (see Section 1.d.). Authorities
sanctioned a public school in Grigoriopol for clandestinely teaching in
Latin script after petitions by a joint parent-teacher group to the
local authorities proved unsuccessful. In September the Grigoriopol
school was shut down, after which children took day trips to another
city. In December the parents of these children were threatened with
dismissal from their jobs in enterprises and institutions run by the
Transnistrian authorities. Regional authorities repeatedly proposed
evacuating schools No. 12 in Ribnitsa and No. 20 in Tiraspol and moving
the students to locations outside the city center.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected this right in practice. Mayors' offices issue permits for
demonstrations and may consult the national government if a
demonstration is likely to be extremely large; permits were issued
routinely and without bias.
From January 9 to April 29, the opposition PPCD organized
unauthorized protests against certain policies of the Communist
authorities, such as measures to make Russian a second official
language, extension of the teaching of Russian language in schools, and
changing the history curriculum in schools from the current ``History
of the Romanians'' course to a ``History of Moldova'' course.
Protesters, who called for the resignation of the Communist party
leadership, numbered at various times between several hundred and an
estimated 30,000 supporters, though the opposition-controlled press
greatly inflated the numbers. Smaller demonstrations took place in
several towns across the country. During the last 4 weeks of
demonstrations, protesters stayed around-the-clock in tents in front of
the Parliament and the Presidential office buildings, blocking traffic
on the central street. The PPCD asserted that the police impeded
supporters from outside Chisinau from entering the city, but the
demonstrations took place without interference from the police, and
there were no reports of violent clashes.
On April 24, tensions between the authorities and the PPCD
decreased, and the protests ended after the Council of Europe adopted a
resolution recommending that the PPCD cease its protests and that
authorities introduce a moratorium on pushing new legislation on
language and history issues, suspend criminal proceedings against PPCD
M.P.s, and broaden opposition rights. Using the ambiguity of certain
provisions in the Law on the Status of Deputies that pertained to
parliamentarians' right to meet with their voters, the PPCD contended
that these protests were ``meetings with voters,'' which did not
require municipal government permission. In July Parliament adopted a
series of amendments to several laws, requiring M.P.s to request
authorization from city governments for ``meetings with voters.''
Subsequently, the PPCD requested a permit for a meeting with voters on
August 31, a national holiday in the country. The mayor's office in
Chisinau rejected the request in connection with the holiday events but
issued a permit for September 1, when the event took place without
incident.
In 2001 authorities began an investigation of violence that
occurred during the April 2000 student demonstration, but they
suspended the case during the year and never released the results.
The Transnistrian authorities usually did not permit free
assemblies, and on those occasions when they did issue permits, they
often harassed organizers and participants. Unregistered religious
groups were not allowed to hold public assemblies, such as revival
meetings (see Section 2.c.). Regional authorities at times organized
mass rallies in their own support and called them ``spontaneous rallies
by the people.''
The Constitution provides for freedom of association and states
that citizens are free to form parties and other social and political
organizations; however, the controversial Article 41 of the
Constitution states that organizations that are ``engaged in fighting
against political pluralism,'' the ``principles of the rule of law,''
or ``the sovereignty and independence or territorial integrity'' of the
country are unconstitutional. Small parties that favor unification with
neighboring Romania have charged that this provision is intended to
impede their political activities; however, no group has been prevented
from forming as a result of this provision. Private organizations,
including political parties, were required to register, but
applications were approved routinely. There were 27 parties at year's
end.
The law on parties and other social-political organizations
provides that the Ministry of Justice can suspend for a period of up to
1 year a party that violated the Constitution or the law after a
written warning about the violations with a deadline for cessation of
the unlawful activity. During electoral campaigns, only the Supreme
Court of Justice can suspend a party's activity. After a January 17
warning, the Ministry of Justice suspended on January 22 the PPCD's
right to operate in connection with the organization of the
unauthorized protests. The Council of Europe, the European Union, and
various countries expressed concern regarding the suspension of the
PPCD. Tensions escalated with a February 5 parliamentary decision to
hold early local elections on April 7, later recognized by the
Constitutional Court as unconstitutional (see Section 3). On February
8, the Ministry of Justice cancelled the suspension order with
reference to the official start of the electoral campaign and the
recommendations received from European bodies. Although early local
elections did not take place, the Ministry of Justice allowed the PPCD
to operate and did not return to the suspension issue.
Transnistrian authorities restricted freedom of association by
intimidation and prosecution for alleged offenses or on invented
charges. The Transnistrian ``Supreme Court'' ruled in March and May,
respectively, that the cases against the two political parties--For
Power to the People, For Social Justice, and People's Rule--would have
to be re-investigated and sent them down to the Tiraspol City Court. In
November 2001, a Transnistrian court closed the Komsomol youth
organization, which re-registered under a different name. The case
against People's Rule had reached the Supreme Court again, although no
hearings had been held at year's end. The case against For Power to the
People, For Social Justice was still under review at the City Court at
year's end.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, the law includes restrictions that inhibited the
activities of some religious groups. There is no state religion;
however, the Moldovan Orthodox Church receives some special treatment
from the Government. For example, the Metropolitan of Chisinau and All
Moldova has a diplomatic passport. Other high-ranking Orthodox Church
officials also reportedly have diplomatic passports.
The law requires that religious groups register with the
Government. Unregistered religious organizations are not permitted to
buy land or obtain construction permits for churches or seminaries. On
July 12, Parliament adopted a package of amendments to the Law on
Religion, simplifying the terms and procedures for recognizing
religious organizations. The change was largely motivated by demands
from the Council of Europe that the Government recognize the
Bessarabian Orthodox Church. The amendments provide that in order to
organize and function, religious organizations have to present to the
state body for religions a declaration of creation, by-laws, and an
explanation of their basic beliefs. Within 30 working days the state
body then enters the organization into the Register of Religions. The
amendments do not expressly provide that the state body is obliged to
enter an organization into the Register, but the phrasing of the
provisions suggests that registration is automatic. Under the new
rules, at the request of the state body for religions, a court may
annul the recognition of an organization if its activities are
political or harm the ``independence, sovereignty, integrity, security,
or public order'' of the country.
After years of denying it recognition, on July 30 the Government
recognized the Bessarabian Orthodox Church (Metropolitan Church of
Bessarabia) in accordance with the new, simplified procedure provided
by the Law on Religion and the recommendation of the Council of Europe.
However, the Government continued to deny registration to the Church of
the True Orthodox of Moldova, a branch of the Russian Overseas Orthodox
Church. After an appellate court decision in favor of the church in
2001, the Government appealed to the Supreme Court of Justice, which
ruled on May 29 that the Government must register the True Orthodox
Church. The Church of Jesus Christ of Latter-day Saints (Mormons) and
the Spiritual Organization of Muslims in Moldova continued to face
bureaucratic difficulties in the registration process.
The Law on Religion permits proselytizing, but explicitly forbids
``abusive proselytizing,'' which is defined as ``an attempt to
influence someone's religious faith through violence or abuse of
authority.'' The Government has not taken legal action against
individuals or organizations for proselytizing.
Since 2000 ``moral and spiritual'' instruction is mandatory for
primary school students and optional for secondary and university
students. The Ministry of Education had planned for the instruction to
begin in September 2000; however, difficulties arose in establishing
the nature of this religious instruction that, combined with the
chronic financial problems of the country's schools, delayed
indefinitely the implementation of the decree on a national level.
The law provides for restitution to politically repressed or exiled
persons whose property was confiscated during the successive Nazi and
Soviet regimes. This regulation has been extended in effect to
religious communities; however, the Moldovan Orthodox Church has been
favored over other religious groups in this area. The Church had little
difficulty in recovering nearly all of its property. In cases where
property was destroyed, the Government offered alternative
compensation. However, property disputes between the Moldovan and
Bessarabian Churches have not been resolved. Despite being able to
register and operate as a legal religion, representatives of the
Bessarabian Orthodox Church claimed that their property rights were
still being violated. The Jewish community had mixed results in
recovering its property. An appeal by the Molocans to Parliament
remained pending at year's end.
The case continued throughout the year of three youths who were
charged with vandalism for bombs thrown into a synagogue in
Transnistria in 2001, which caused minor damage, but no verdict was
reached by year's end. Perpetrators desecrated dozens of graves in
Chisinau's main Jewish cemetery in April, destroying many of the
gravestones. Police concluded that the perpetrators were three minors,
who by law could not be charged. The Jewish community asked the city to
place full-time armed guards at the cemetery, but guard presence was
reportedly sporadic.
The independent press occasionally wrote very negative articles
about religions other than the Orthodox Church. The Muslim organization
also asserted that it was discriminated against because some members
were Afghan and Chechen refugees.
In recent years, Transnistrian authorities have denied registration
to Baptists, Jehovah's Witnesses, Methodists, and the Church of the
Living God. Unregistered religious groups were not allowed to hold
public assemblies, such as revival meetings. The law in Transnistria
prohibits renting houses, premises of enterprises, or ``cultural
houses'' for prayer meetings. Evangelical religious groups meeting in
private homes have been told that they did not have the correct permits
to use their residences as churches.
In late 2001, Jehovah's Witnesses organization initiated a court
action against a Transnistrian official for allegedly abusing his
office by blocking a property purchase. The case was settled on June
26, but on June 29 the Prosecutor General filed a case against
Jehovah's Witnesses, claiming that the organization had submitted
invalid documents for its activities. The first hearing took place
October 28, with no further developments by year's end. Transnistrian
state officials have reportedly accused Jehovah's Witnesses of a lack
of patriotism and of spreading Western influence. Baptists in
Transnistria complained during the year that Grigoriopol officials and
the Fiscal Inspectorate illegally sealed off a church-operated
building, imposed fines, attempted to take rented land from the church,
and prevented the building of a house of prayer. In the past, they and
other non-Orthodox groups in Transnistria complained that they
generally were not allowed to rent property and often were harassed
during religious services.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and law provide for
these rights, and the Government generally respected them in practice;
however, authorities sometimes restricted travel to and from the
separatist Transnistrian region.
The Government did not restrict travel within the country, and
there were no closed areas except the military depot at Colbasna
controlled by the Transnistrian separatist authorities. Travel between
Transnistria and the rest of the country was not prevented. There were
regularly scheduled buses and trains to and from Transnistria. The
separatist authorities often stopped and searched incoming and outgoing
vehicles. In September 2001, the new administration announced that it
would remove fixed and mobile ``fiscal posts'' to control smuggling of
untaxed goods from Transnistria and began to make plans to set up joint
customs posts with Ukraine on its border with Transnistria; however,
implementation proved difficult and had not been completed by year's
end. In 2001 the Government also issued new customs seals and stamps
and, unlike its predecessors, did not give them to the Transnistrian
authorities. Officials asserted that this was to prevent contraband
from flowing through Transnistria. Transnistrian leaders charged that
authorities in Chisinau had put an ``economic blockade'' around its
territory to pressure it politically. Transnistrian authorities
increasingly impeded OSCE travel to the region (see Section 4), despite
several official protests from the OSCE Head of Mission noting that
failure to give free access to OSCE mission members violated the 1993
agreement between Transnistria and the OSCE.
Transnistrian authorities interfered with and at times blocked
farmers from the village of Dorotcaia from traveling to right-bank
Moldova to sell their produce. Dorotcaia is located in left-bank
Moldova but is controlled by the Republic of Moldova according to the
terms of the 1992 cease-fire. The problem remained unresolved because
Transnistrian authorities refused to remove their customs posts
installed around Dorotcaia.
Citizens generally were able to depart from and return to the
country freely; however, there were some restrictions on emigration.
Close relatives who are dependent on a potential emigrant for material
support must give their concurrence. The Government also may deny
permission to emigrate if the applicant had access to state secrets;
however, such cases were very rare, and none were reported during the
year. It generally was accepted that a large number of citizens were
working in foreign countries without having legal status in those
countries. Figures on emigration from a variety of official sources
were inconsistent and largely anecdotal; government estimates claimed
that between 600,000 and 800,000 citizens were working outside the
country, the vast majority of them illegally. The majority worked in
Russia, Romania, Ukraine, and Bulgaria.
The Constitution provides for the granting of asylum and refugee
status. On January 31, the 1951 U.N. Convention Relating to the Status
of Refugees and its 1967 Protocol entered into force. On July 25,
Parliament adopted the Law on Refugee Status, which brought the
country's legislation into compliance with the 1951 U.N. Convention/
1967 Protocol and allows for the implementation of Constitutional
rights to apply for asylum. This law will serve as the basis for future
asylum decisions. Previously, all persons approaching the UNHCR for
refugee status also applied to the President for political asylum but
invariably received the response that the application could not be
processed due to the absence of any refugee or asylum law. The
Government cooperated in some respects with the UNHCR and other
humanitarian organizations in assisting refugees. While individuals who
were already in the country generally had access without restrictions
to the UNHCR and were processed for refugee status under its mandate,
those arriving at the airport as a rule were denied entry and held
incommunicado until they could be returned to their place of
embarkation. On several occasions, individuals who claimed asylum were
detained in the transit zone at the airport without access to legal
counsel or to the UNHCR. According to a UNHCR representative, the
authorities frequently failed to inform the UNHCR of the arrival of
refugees or disregarded UNHCR guidance and advice.
The Government provides for first asylum but did not grant it to
anyone who applied during the year. According to the UNHCR, 670 cases
(920 persons) had been registered with the UNHCR in the country from
the creation of the office in 1997 through September 1. Of these, 121
cases (255 persons) were recognized as refugees by the Government, 122
cases (133 persons) were rejected in the first instance, and 50 cases
(54 persons) were rejected on appeal. Out of the total of recognized
refugees, 13 cases (23 persons) were resettled to third countries, and
14 cases (16 persons) were voluntarily repatriated to their country of
origin with the assistance of UNHCR. As of September, 148 recognized
refugees, representing 55 cases, were in the country. In addition, 67
cases (88 persons) were pending in either the first or appeal level.
Many originated in Chechnya, Iraq, Sudan, Afghanistan, Nigeria, and
other African countries. Individuals assisted by smugglers and Chechens
were more successful in gaining admission.
There were no official reports during the year 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 the right to change the
Government peacefully, and citizens exercised this right in practice in
most of the country through periodic, free, and fair elections held on
the basis of universal suffrage; however, this right was restricted in
Transnistria. Citizens voted in multiparty presidential elections in
1996 and parliamentary elections in 1996, 1998, and 2001. International
observers considered these elections to be free and fair, but
Transnistrian authorities interfered with their residents' ability to
vote in these elections. In addition, Transnistrian ``presidential''
elections in 2001 and 1996, as well as Supreme Soviet elections in
2000, were not observed by international monitors and were not
considered free and fair.
The Constitution adopted in 1994 provided for the division of power
among a popularly elected president, a cabinet, a parliament, and a
judiciary. In July 2000, Parliament voted to amend the 1994
Constitution to transform the country into a parliamentary republic and
change the presidential election from a popular vote to a parliamentary
vote. In formal terms, the amended Constitution changes only the method
of election of the President. Under its provisions, the President, as
Head of State, appoints the Prime Minister, who names the Cabinet. The
Prime Minister, who functions as the head of government, and the
Cabinet are then approved by the Parliament. The President may dismiss
a cabinet minister at the request of the Prime Minister. According to
this legislation, a three-fifths vote in Parliament is required to
elect a presidential candidate, and the vote must be held by secret
ballot. If after multiple votes Parliament proves unable to elect a
candidate, the sitting President may dissolve Parliament.
A total of 27 parties met the requirement of a 1998 law requiring
5,000 members and were registered officially.
Parties registered for less than 2 years were allowed to
participate in the February 2001 elections. Of these only three held
power in Parliament: The Communist Party with 71 seats, the Social
Democratic Alliance (SDA--formerly the Braghis Alliance) with 16 seats,
and the right-wing PPCD with 11 seats. Three independents have broken
off from the SDA since April 2001 and remained in Parliament.
The Government selectively enforced regulations, including
inspections and tax auditing, for individuals and businesses that
belong to or support opposition parties.
Parliamentary elections held in February 2001, called free and fair
by the OSCE Office of Democratic Institutions and Human Rights,
resulted in a clear victory for the Communist Party, which won 50
percent of the popular vote. The centrist Braghis Alliance won 13.4
percent, and the rightwing PPCD won 8.3 percent. Because many small
left-of-center and right-of-center parties failed to win the minimum
number of votes required for parliamentary representation, their seats
were redistributed among the three leading parties. As a result, the
Communist party gained 71 seats out of 101, sufficient to elect the
President, pass laws, overturn presidential vetoes, and change the
Constitution. In March-April 2001, Communist Deputy Eugenia Ostapciuc
became Speaker of Parliament; Parliament elected Communist Party leader
Vladimir Voronin as President; and Voronin appointed businessman Vasile
Tarlev as Prime Minister. Tarlev appointed a government composed of
Communists and ``technocrats.''
On February 5, amendments entered into force that revised the
Administrative Territorial Organization Law and the Law on Local Public
Administration by increasing the number of districts and providing for
early local elections. The legislation also changed the method of
selecting mayors from a popular vote to appointment by local councils;
Parliament also decided to hold early local elections on April 7.
However, the Constitutional Court ruled on February 19 that this
decision was unconstitutional because the Constitution does not allow
for the interruption of local officials' terms, which are set to run
through May 2003. On March 14, the Constitutional Court further struck
down key parts of the local administration law, including the provision
that mayors no longer be popularly elected. The territorial
organization law remained in force, but in light of the February 19
Constitutional Court decision, it cannot go into effect until May 2003
when local authorities' mandates expire. The Parliament also passed a
law giving prefects, the local representatives of the central
government, control over county budgets. President Voronin supported
the law; however, he refused to sign the provision that would apply the
law to the city of Chisinau.
A Christian Turkic minority, the Gagauz, enjoys local autonomy in
the southern part of the country. The Gagauz elected a new governor and
35 deputies to their Popular Assembly in free and fair elections in
September 1999; however, during the year central authorities pressured
him to resign, and there were irregularities in the gubernatorial
elections in October to replace him. The Gagauz complained frequently
that the central government did not abide by the terms of the agreement
giving Gagauzia autonomous status and that it enacted laws that
directly contradicted both local and national legislation establishing
Gagauz autonomy. When central government commission members submitted a
new status law governing the autonomy in December 2001 without first
discussing it with the Gagauz members of the commission, the latter
left the commission and complained to the OSCE Mission and the Congress
of Local and Regional Authorities of Europe (CLRAE).
In January pro-Communist members of the Gagauz People's Assembly
failed to gain a two-thirds majority in an attempted vote of ``no
confidence'' in popularly elected Gagauz Governor Dmitry Croitor. On
February 24, anti-Croitor members of the commission organized a popular
referendum to unseat Croitor, against the Gagauz legal code. Croitor
and his supporters opposed the referendum, which attracted less than
the required 50 percent of registered voters, and in March Gagauz
official Ivan Burgudji was arrested and charged with interfering with
the referendum (see Section 1.d.). Croitor challenged the legal
validity of the referendum in court, but the Supreme Court did not rule
in his favor in a June 5 trial that some observers saw as politically
motivated. Under increased pressure from pro-Communist elements,
Croitor eventually resigned on July 6, and new gubernatorial elections
were called for October 6. In violation of local legislation, pro-
Communist leaders in the local legislature took control of key
executive seats in the regional capital after Croitor's departure. Many
Gagauz observers posited that Croitor's forced departure was
orchestrated from Chisinau in violation of both local and national
legislation. In a second round of elections held on October 20, the
Communist-backed candidate, Gheorghe Tabunshchik, was elected governor
with 51 percent of the vote, after the first round of elections proved
invalid with less than the required 50 percent of registered voters
participating. The OSCE noted some irregularities in these elections,
including the illegal exclusion 36 hours before polls opened of a
candidate who had won third place in the first round.
After separatists declared a ``Dniester Republic'' in 1991,
fighting flared briefly in Transnistria in 1992 but ended after Russian
forces intervened. A truce has held since, although agreements to
normalize relations have not been honored. International mediators
encouraged the two sides to reach a settlement that preserves the
country's sovereignty and independence while granting a measure of
autonomy to the region. The country remained divided, with mostly
Slavic separatists controlling the Transnistrian region along the
eastern border with Ukraine. Upon his election, President Voronin
promised that the resolution of this problem would be one of his
priorities. He conducted an active campaign to win international
support for a settlement and held monthly negotiations with
Transnistrian leaders until September 2001 when talks were suspended
due to conflict that was blamed on the country's introduction of new
customs stamps and seals (see Section 2.d.). After a long lapse in
talks, negotiations gained momentum from a plan to resolve the conflict
by creating a federal state proposed by mediators at a meeting of
Transnistria, Moldova, Ukraine, Russia and the OSCE in Kiev on July 3.
Heated debate ensued almost immediately all over the country, with the
Communist-led administration supporting the proposal, pro-Romanian
elements generally opposing it, and the Transnistrian authorities
blocking negotiations.
Citizens' right to change their government was restricted severely
in Transnistria. Elections for ``president'' of the unrecognized state
took place in December 2001, and the incumbent, Igor Smirnov, was
declared the winner. In the period prior to the elections, authorities
shut down a political party and a youth group, closed a leftist party
newspaper, and seized a press run. The authorities refused to register
the candidacy of a potential political candidate and dismissed another
from his job as mayor of Benderi prior to the election. The regime
reportedly threatened workers with job loss and students with expulsion
from their universities if they did not vote for Smirnov.
Internationally recognized election monitors refused to observe the
2001 ``presidential'' election to avoid validating Transnistria's claim
of statehood. Local observers reported that the actual voting was
unfair, with considerable ballot box stuffing. Officials in the
northern region of Kamenka reported that 103.6 percent of their voters
cast ballots for Smirnov.
There were no restrictions in law or practice on the participation
of women in political life. Women held 13 of 101 parliamentary seats.
Speaker of Parliament Eugenia Ostapcuic occupied the highest political
position in the country attained by a woman.
Russian, Ukrainian, Bulgarian, Gagauz, and Romani minorities were
represented in Parliament, with deputies elected from nationwide party
lists rather than local districts. Debate took place in either the
Moldovan/Romanian or Russian language, with translation provided.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights, except in the Transnistrian
region. The local Helsinki Watch organization maintained contacts with
international human rights organizations, as did the Helsinki Citizens
Assembly. AI maintained a satellite office in Chisinau and was active
in the country, although the authorities in Tiraspol impeded its
activities in the Transnistrian region. Both Helsinki Watch and AI
produced yearly human rights reports on the country.
Citizens may appeal to the ECHR in Strasbourg if they believe their
rights have been violated or that national laws are not in accordance
with the European Convention on Human Rights. During the year, citizens
of the country filed 292 complaints with the ECHR. The majority of the
cases concerned the lack of social protection and salary and pension
arrears accumulated by the Government. In December 2001, the ECHR ruled
against the Government in the case filed by the Bessarabian Orthodox
Church (see Section 2.c.). The ECHR also heard the case of the Ilascu
Group (see Section 1.e.) against the Governments of Moldova and Russia,
but had not issued a ruling by year's end. Many citizens were unaware
of their legal rights under the Convention, although the Bessarabian
Orthodox Church case considerably increased the level of awareness
about the ECHR in the country.
The Government supported the work of the OSCE, which has had a
mission in the country since 1993 to assist in efforts to resolve the
separatist conflict. The OSCE participates in the Joint Control
Commission--which includes Moldovan, Russian, Ukrainian, and
Transnistrian members--that reviews violations of the cease-fire
agreement. Under a 1993 agreement with the Transnistrian authorities,
the OSCE Mission generally enjoyed access to the security zone along
the river dividing the separatist-controlled territory from the rest of
the country; however, beginning in late 2001, the Transnistrian
authorities increasingly impeded OSCE travel to the region. The
separatist authorities routinely refused Mission members access to the
Russian ordnance storage facility in Colbasna.
Under the law there are three parliamentary advocates (Ombudsmen),
and an independent center for human rights, the Moldovan Human Rights
Center. Parliament appointed the three advocates, with equal rights and
responsibilities, in February 1998 for 5-year terms. Parliamentary
advocates may be removed from office only by a two-thirds vote of
Parliament, a provision that gives them substantial independence. On
September 26, Parliament voted to remove from office one of the three
advocates, charging that he had missed work without authorization for
more than 1 month. The opposition PPCD claimed that he was removed due
to his participation in the PPCD-organized anti-Communist protests (see
Section 2.d.). Parliamentary advocates are empowered to examine claims
of human rights violations, advise Parliament on human rights problems,
submit legislation to the Constitutional Court for a review of
constitutionality, and oversee the operation of the Moldovan Human
Rights Center. Center personnel provide training for lawyers and
journalists, visit jails, make recommendations on legislation, and
conduct seminars and training programs for police, penitentiary
personnel, judges, prosecutors, public administration officials, and
law students. The majority of complaints received by the center
involved private property violations, labor rights, access to justice,
personal security, right to life, and personal dignity. During the
first 9 months of the year, the Human Rights Center received 1,214
written petitions, signed by 3,339 persons. An additional 3,107 persons
submitted complaints orally, either at the Center's offices, or during
visits throughout the country by Center staff.
Since the December 2001 ``presidential'' elections, the regime in
Transnistria reportedly has attempted to gain more control over NGOs in
the region by having security officials ``invite'' NGO leaders to their
offices to discuss their registration and by pressuring landlords not
to renew office space leases for some NGOs. During the September 2
Transnistrian ``independence day'' celebrations, a prominent pro-
Western NGO leader was attacked and stabbed in the chest by persons
suspected of being under orders from the Transnistrian security police.
Reportedly, the attackers were captured by private citizens minutes
after the event but were released by the police, who classified the
incident as a misdemeanor, despite the attending doctor's view that the
crime was an attempted murder.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution states that persons are equal before the law
regardless of race, sex, disability, or social origin; however,
discrimination against women and some ethnic minorities, particularly
Roma, persisted. There are remedies for violations, such as orders for
redress of grievances, but these were not enforced in all cases.
Women.--Spousal violence occurred; although the Government did not
keep official data on incidences of domestic violence, human rights
advocates asserted that it was widespread. The Criminal Code does not
specifically address crimes of domestic assault, and there is no law on
spousal rape; however, women abused by their husbands have the right to
press charges under its general assault laws. Husbands convicted of
such abuse may receive prison sentences (typically up to 6 months). In
practice the Government rarely prosecuted domestic assault crimes. The
Ministry of Internal Affairs reported 549 cases of spousal abuse cases
during the first 8 months of the year, including 88 resulting in
serious bodily injury and 114 resulting in either murder or attempted
murder. The Ministry of Internal Affairs recorded 154 cases of rape in
the first 9 months of the year, an 11 percent increase from the same
period in 2000. Women's groups believed that the numbers of rapes and
incidents of spousal abuse were underreported.
Former President Lucinschi's wife and the mayor of Chisinau
initiated a project in October 1999 to open a women's shelter in
Chisinau; although construction was almost completed, the shelter had
not been opened by year's end. The Government supported educational
efforts, usually undertaken with foreign assistance, to increase public
awareness of domestic violence and to train public officials and law
enforcement officials in how to address this issue. In September 2001,
the International Organization for Migration (IOM) opened a women's
shelter in Chisinau, mainly for victims of trafficking. Private
organizations operated services that provided support to abused
spouses, including a hot line for battered women.
Trafficking in women was a serious problem (see Section 6.f).
The law provides that women and men enjoy equal rights, and under
the law and in practice women received pay equal to that of men for
equal work; however, they did not hold high-paying jobs in the same
proportion as men. The Government provided extended paid maternity
leave. There were significant numbers of female managers in the public
sector and in banking. The Minister of Finance and the president of the
country's largest bank were women. Women made up approximately 50
percent of the workforce.
Children.--There is extensive legislation designed to protect
children, and the Government provided supplementary payments for
families with many children. According to the Constitution, the
Government provides free, compulsory, and universal education for 9 to
10 years, which may be followed either by technical school or other
further study; the requirement can vary at the discretion of the
Minister of Education. However, many inadequately funded schools,
particularly in rural areas, charged parents for school supplies. While
not technically illegal, such charges contradicted the educational
platform of the Government and resulted in many children being kept at
home by their parents. Government statistics stated that 2,753 school-
age children were not in school; however, press reports indicated that
the number was higher, especially in rural areas. On September 1, both
the central government and local authorities provided assistance in
amounts ranging from $7.40 (100 Moldovan lei) to $22.20 (300 Moldovan
lei) per child to children from vulnerable families to buy school
supplies. Roma faced discrimination and segregation at all educational
levels (see Section 5). The health system devotes a large portion of
its limited resources to childcare, but childcare professionals
considered the amount to be inadequate.
Various laws contain provisions against neglect of children. There
were no statistics on child abuse within families, but it was believed
to be widespread. Although there is legislation forbidding it, corporal
punishment in schools was common. Observers alleged that women begging
on the streets of Chisinau often sedated their babies in order to spend
long hours begging without having to take time out to attend to their
babies' needs.
Trafficking in girls for prostitution between 15 and 18 years of
age remained a very serious problem (see Section 6.f.).
The situation of children in the country's orphanages was generally
very poor. Official statistics from 2001 indicated that there were
approximately 13,500 institutionalized children. An additional 5,000
children lived in adoptive homes, 4,500 more lived in foster homes or
with legal guardians, and an unknown but large number lived with one or
more grandparents. Not all of the institutionalized children were
orphans; the number of children entrusted to the State by needy
parents, or those leaving the country in search of work, reportedly was
growing. NGOs estimated that up to 30,000 children were in
institutions, including foster homes. Among the major problems in
children's institutions were inadequate food, ``warehousing'' of
children, lack of heat in the winter, and disease. Most of these
problems were caused by lack of funding.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities; however, there are no laws providing
for access to buildings, and there were few government resources
devoted to training persons with disabilities. The Government provided
tax advantages to charitable groups that assisted persons with
disabilities.
National/Racial/Ethnic Minorities.--According to the 1989 census,
approximately 65 percent of the population are members of the titular
nationality. Ukrainians (14 percent) and Russians (13 percent) are the
two largest minorities. A Christian Turkic minority, the Gagauz, that
represents approximately 3.5 percent of the population lives primarily
in the southern regions of the country and speaks Russian and Gagauz, a
Turkic language. Official statistics put the Romaani population at
11,600 (less than 0.5 percent), although estimates from the OSCE and
Romani NGOs ranged from 20,000 to 200,000 (up to 4.5 percent). The
Government announced in 2000 that it would allocate money from the
budget to conduct a national census in 2001; however, no action was
taken by year's end.
Roma reportedly suffered violence, harassment, and discrimination.
The European Roma Rights Center reported that officials in the country
discriminated against Roma with regard to equal treatment, adequate
housing, education, and access to public services. Local and
international NGOs reported that Roma were victims of police beatings
in custody, arbitrary arrest and detention, unlawful confiscation of
personal property, and harassment by law enforcement officials and were
subjected to societal violence and harassment.
On May 8, an 18-year old Rom was detained in Comrat without a
warrant by three police officers, who beat him in custody and made
ethnic slurs, according to the European Roma Rights Center.
Police and judicial officers rarely investigated or prosecuted
violence and human rights abuses against Roma. However, on February 13,
three police officers were charged with excessive use of force for the
alleged beating with a revolver of two Romani teenagers in October
2001. Only one officer was found guilty and was sentenced on March 26
to 2 years' imprisonment, which was suspended, despite the crime
carrying a 5 to 15 year prison sentence.
The Moldovan Helsinki Committee reported that in December 2001 two
police officers in Chisinau beat a Romani couple, planted narcotics on
the husband, and detained him for several months, during which time
police repeatedly beat him and denied him medical attention. His trial
began in early May and continued through July, during which time he
remained in custody.
Roma were the poorest of the ethnic groups and often lived in
segregated communities in unsanitary conditions lacking basic
infrastructure. These conditions often led to segregated education with
even fewer resources than in the rest of the country's schools. Many
Romani children did not attend school, very few received a secondary or
higher education, and there was no Romani-language education, unlike
for other ethnic minorities.
Minority rights and the language question are closely related,
particularly in the perceptions of the Russian-speaking minority and
the Moldovan/Romanian-speaking majority. Moldovan/Romanian was declared
at independence to be the state language; however, Russian has tended
to serve as a language for interethnic communication, continuing Soviet
practice. After coming to power in February 2001, the new Communist
majority in Parliament amended several laws to strengthen the use of
Russian without making it an official language. In December 2001, the
Communist faction in Parliament submitted to the Constitutional Court a
bill making Russian the second official language but dropped it in
January after it provoked protests (see Section 2.b.). On March 4, the
Constitutional Court rejected the proposal, describing it as
insufficiently specific. By law a citizen has the right to choose the
language of interaction with government officials or commercial
entities. Accordingly, officials are required to know both Russian and
Moldovan/Romanian ``to the degree necessary to fulfill their
professional obligations.'' Many Russian speakers, including well-
educated professionals, do not speak Moldovan/Romanian well or at all,
while most educated Moldovan speakers know both languages.
Representatives of Russian speakers argued for a delay in the
implementation of legislation to permit more time to learn the
language. Russian speakers were not discriminated against in practice,
and the law has not been used to deny them work as state officials.
The Constitution provides parents with the right to choose the
language of instruction for their children. In December 2001, the
President implemented a decree that the Minister of Education issued in
August 2001 making Russian a compulsory subject starting in the second
grade (previously it was compulsory from the fifth grade). The Popular
Christian Democratic Party organized protests against this decree and
other policies of the Government (see Section 2.d), which led the
Minister of Education to cancel the decree.
The Government's Department for Interethnic Relations organized two
roundtables on the European Charter on Languages and Minorities in
March and September, a conference on national policy and interethnic
relations in the second half of the year, a symposium on Gagauz culture
in September (with the participation of the Turkish Embassy), and a
conference on Russian culture in December.
In the separatist Transnistrian region, discrimination against
Moldovan/Romanian speakers continued. State schools were required to
use the Cyrillic alphabet when teaching Moldovan/Romanian. (Until 1989,
Soviet authorities recognized only the ``Moldovan'' language in the
republic and required the use of Cyrillic script; they considered
Romanian, in Latin script, to be a distinct language used only in
Romania.) However, many teachers, parents, and students objected to
this requirement, believing that it disadvantaged pupils who wished to
pursue higher education opportunities in the rest of the country or in
Romania. Although the 1989 language law requires use of the Latin
script, Transnistrian authorities refused to abide by the law.
As a result of an agreement between the Government and the
separatist authorities, eight schools in the separatist region used the
Latin alphabet, and the salaries of teachers and textbooks were
supplied by the central Ministry of Education. These schools were
considered private schools by the local authorities and were required
to pay rent for their facilities and meet local curriculum
requirements, building codes, and safety standards. The central
government had no budgetary provisions to pay the high rents of such
facilities, and as a result, classes were sometimes held in local homes
or run in shifts in the few available buildings. Pressure from the
Transnistrian authorities on these schools increased (see section
2.a.). The Ministry of Education and the Romanian government supplied
books to the Latin-script school in Tiraspol, and the UNHCR provided
furniture and vehicles. The school continued to run three to four
shifts per day to accommodate the number of students who desired this
form of education.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and various laws
provide for the right of any employee to found or join a union that
defends workers' interests, and workers exercised these rights in
practice. There were two unions--the Trade Union Confederation of
Moldova (TUCM) and ``Solidaritate'' (Solidarity). The TUCM had
approximately 80 percent of all union members, with the rest in
``Solidaritate.''
The law prohibits discrimination against workers for union
membership or activities, and there were no reports of actions taken
against union members for engaging in union activities. The 2000 Trade
Union Law provides that union leaders may not be fired from their jobs
while in leadership positions without the consent of their superior
union, and there were no reports of such firings during the year.
Unions may affiliate and maintain contacts with international
organizations. The TUCM has been a member of the International Labor
Organization (ILO) since 1992 (as a successor to the General Federation
of Trade Unions or GFTU) and has also been affiliated with the
International Confederation of Free Unions in Brussels since December
1997.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and the right to organize unions,
and the Government generally respected these rights in practice. Wages
were set through a tripartite negotiation process involving government,
management, and unions. The three parties met and negotiated national
minimum wages for all categories of workers. Each branch union
representing a particular industry negotiated with management and the
Government ministries responsible for that industry. They may, and
often did, set wages higher than the minimum set on the national level,
especially if the industry in question is more profitable than average.
At the enterprise level, union and management representatives
negotiated directly on wages. They may set wages higher than
negotiators on the industry level in this case as well. Labor disputes
typically were settled in the workplace by a workplace arbitration
committee. If an arbitration committee failed to settle the dispute, it
was taken to the Courts of First Appeals. Court decisions involving the
restitution of salary or a position were not implemented in all cases.
Neither government workers nor those in essential services such as
health care and energy have the right to strike. In practice, other
unions may strike if two-thirds of their members vote in a secret
ballot to do so. No general or country-wide strikes took place during
the year, although local strikes by teachers and doctors occurred in
Edinet and Chisinau. In March a major 1-day strike by teachers,
doctors, and cultural workers was organized in Chisinau by the Trade
Union Confederation.
There were no export processing zones (EPZs), although legislation
passed on July 27, 2001 provides for converting former free enterprise
zones into EPZs. According to the legislation, the conversion period is
expected to take 10 years and is slated to finish in 2011. The total
number of such zones is six: Chisinau, Taraclia, Tvardita, Otaci,
Vulcanesti, and Ungheni. The latter opened only at the end of the year.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, and there were
no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The new Criminal Code, passed during the year and due to
enter into force in 2003, increases the level of child labor
protection, containing provisions specifically regarding the worst
forms of child labor. During the year, a commission began drafting a
new Labor Code for submission to Parliament. According to a Deputy
Labor Minister, both new codes represent an attempt to bring domestic
legislation up to the level of the county's international commitments.
The minimum age for unrestricted employment was 18 years.
Employment of those between the ages of 16 and 18 was permitted under
special conditions, including shorter workdays, no night shifts, and
longer vacations. Children often were sent to work in the fields or to
find other work, and those living in rural areas often assisted in the
agricultural sector. The Ministry of Labor and Social Protection has
primary responsibility for enforcing these restrictions but did not do
so actively. The Ministry of Health also has a role.
On February 14, Parliament ratified International Labor
Organization Convention (ILO) 182 on the worst forms of child labor,
which is scheduled to enter into force in the country on June 14, 2003.
Article 183 of the new Criminal Code provides a punishment of 10 to 15
years imprisonment for trafficking in children and for involving
children in the worst forms of child labor, as defined in ILO
Convention No. 182. The article enumerates practices, such as
commercial or non-commercial sexual exploitation, forced or compulsory
labor, slavery or practices similar to slavery, use in armed conflict,
and use in criminal activity. In cases of aggravating circumstances,
the punishment can amount to a life-term imprisonment.
e. Acceptable Conditions of Work.--The legal minimum monthly wage
was $7.40 (100 Moldovan lei) for those employed by the state and $11.10
(150 Moldovan lei) for those employed by private firms. Neither minimum
wage provided a decent standard of living for a worker and family. A
minimum of $1.30 (18 Moldovan lei) continued to be used as a basis for
calculating pensions, scholarships, and fines. According to preliminary
data from the Department of Statistics, the average monthly salary
during the year was $51 (691.9 Moldovan lei). The average in the
private sector was $58.30 (791.2 Moldovan lei), and in the public
sector $41 (555.8 Moldovan lei). Due to severe budgetary constraints,
the Government and private sectors often did not meet payrolls for
employees.
The Constitution sets the maximum workweek at 40 hours, with extra
compensation for overtime, and the Labor Code provides for at least 1
day off per week.
The Government is required to set and check safety standards in the
workplace. Unions must strike and ask a court to impose a fine if
safety standards are not met. Workers have the right to refuse to work,
and they may continue to draw their salaries if working conditions
represent a serious threat to their health. In practice the depressed
economy has led enterprises to economize on safety equipment and show
little concern for worker safety problems. Workers often did not know
their rights in this area. According to the Labor Inspection's
preliminary data, there were 54 labor accidents in the first 9 months
of the year, affecting 60 persons, 24 of them resulting in death.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in women and girls was a very serious
problem. Although no official statistics were available, the country
was a major country of origin for women and girls who were trafficked
abroad for prostitution. There have been unconfirmed reports by local
NGOs of involvement by government officials; however, no official
charges have been made.
The law prohibits trafficking and provides for severe penalties,
starting with 10 to 15 years in prison and confiscation of property.
The penalty is 15 to 25 years in prison and confiscation of property
for repeated or serious offenses, such as trafficking: Of groups,
minors, or pregnant women; through kidnaping, trickery or abuse of
power; with violence; of body parts; or by a criminal organization. As
of September 1, according to the Ministry of Internal Affairs, 412
files related to trafficking had been opened during the year, although
only 30 were related directly to Article 113 passed in 2001 on
trafficking in human beings. Of the latter, 20 were under investigation
and 4 had been sent to court. By year's end, there were three
convictions for trafficking in persons in the country, one of which was
appealed.
Critics charged that the Government did not do enough to prosecute
traffickers. According to IOM, trafficking crimes were difficult to
prosecute in the country. Because the crime technically took place in
another country, a perpetrator could be tried only if a victim
testified against him or her. Victims in the country generally refused
to testify because the traffickers threatened them or their families if
they did so. This was particularly true in rural areas in closer,
tight-knit societies where the fear and chances of being identified as
well as stigmatized was much greater. The first two individuals were
convicted and sentenced under the 2001 anti-trafficking article late in
the year, both for trafficking for purposes of begging. According to an
official of the Prosecutor General's office, until the new criminal
code with its improved anti-trafficking language goes into effect,
prosecutors found it easier to obtain convictions of traffickers under
the article on procurement for prostitution. There were approximately
25 final sentences delivered under this article during the year. The
law provides for a witness protection program, and police have placed
guards outside of witnesses' homes.
Women and girls were trafficked to various locations, including
Turkey, Cyprus, Greece, Italy, Hungary, Bulgaria, Slovakia, Bosnia,
Macedonia, and the former Republic of Yugoslavia for prostitution.
There also were reports that women were trafficked to Lebanon, Syria,
Israel, Saudi Arabia, the United Arab Emirates, Portugal, France,
Thailand, the United Kingdom, Spain, and Australia. Women and girls
reportedly were trafficked to Italy and Greece through Romania, Serbia-
Montenegro, and Albania. The IOM reported that the country was the main
origin in Europe for the trafficking of women and children for
prostitution in the Balkans, Western Europe, and the Middle East and
that more than 50 percent of the women working in prostitution in
Kosovo were from the country. The Government of Turkey annually
deported approximately 2,500 Moldovan women for prostitution. A
prominent women's rights activist and Member of Parliament stated that
more than 10,000 women from the country were working as prostitutes in
other countries. However, the basis for this number was unclear, and
some NGOs reported that it was very conservative.
According to the NGO Partners for Community, the target population
for traffickers was young women, often minors, in rural areas. Women
and girls typically accepted job offers in other countries, ostensibly
as dancers, models, nannies, or housekeepers. In many areas, friends or
acquaintances approached young women and offered them help to get good
jobs abroad. This ``friend of a friend'' approach most often was used
in the countryside. Save the Children and the Association of Women in
Law reported that many of the traffickers were women who targeted young
girls in their own localities. Once they arrived at their destinations,
traffickers took their passports, required them to ``repay'' sizeable
sums, and forced them into sexual bondage. Traffickers commonly
recruited women from rural villages, transported them to larger cities,
and then trafficked them abroad.
Another pattern of trafficking involved orphans who must leave
orphanages when they graduate, usually at 16 or 17 years of age, and
have no source of funds for living expenses or continuing education.
Allegedly, some orphanage directors sold information on when orphan
girls are to be turned out of their institutions to traffickers, who
approached them as they left. This pattern has become so well known
that one foreign adoption service registered as an NGO and organized a
``foster-an-orphan'' program to help curb the practice. Individuals
from abroad send money to support individual orphaned girls from age 16
or 17 until they reach the age of 18 and can work legally (see Section
6.d.). However, this sponsorship program is small compared with the
number of orphan girls who become victims of traffickers each year.
The salaries of border guards and migration officials were low and
frequently not paid regularly, making them vulnerable to bribery. The
large profits of the trafficking industry financed the corruption of
officials. According to a report by Save the Children, the Government
did not want to stop any form of overseas employment that contributed
to the economy with much-needed remittance money. The Moldovan Center
for Strategic Study and Reforms charged that there was corruption at
all levels.
The Government took some steps to prevent the trafficking of women
and assist victims, although it only slowly began to address the
problem and mostly in the area of legislation and prosecution. A
government antitrafficking working group met in November 2001 and
developed a national plan of action to combat trafficking and a
timetable to accomplish its goals. The National Working Group met again
in April and created three sub-groups, including: Prevention and
Awareness Raising; Legislative Framework and its Enforcement; and
Assistance and Social Rehabilitation of Victims of Trafficking. A
special law enforcement unit within the Ministry of Internal Affairs
also continued to operate. The Government provided specialized training
to trafficking investigators through the Ministry of Internal Affairs
and the Ministry of Labor, funded by the OSCE and the Council of
Europe. The country also participated in a Southeast European
Cooperative Initiative Human Trafficking Task Force. The Government
cooperated with Belarus, Ukraine, and Russia in investigating
trafficking cases, as well as with Interpol in cases in Yugoslavia.
There were no government-operated assistance programs for victims.
Several NGOs made efforts, with foreign assistance, to combat the
problem through information campaigns, repatriation assistance,
temporary housing and medical care for victims, and job training. The
NGO Save the Children worked with trafficking victims, particularly
repatriated girls. Local NGOs operated public school programs to
educate young women about the dangers of prostitution, and in April
2001, the NGO Association of Women Lawyers established the Center for
Prevention of Trafficking in Women with the support of a foreign
government. It produced antitrafficking educational material, provided
counseling to victims, and maintained a hot line for those in need of
advice. In July 2001, the Center opened its first regional center,
including a county hot line, in the town of Ungheni. In September 2001,
the local branch of the NGO La Strada established another hot line. In
2000 the IOM established an office in Chisinau, and during the year,
the organization began to receive funds from a foreign source which it
used for informational programs and training for journalists about the
dangers of trafficking. In September 2001, the IOM, with foreign
government support, opened a women's shelter and launched a campaign to
educate young women about the dangers of trafficking. This campaign
included the use of large billboards, informational spots on television
and radio, and pamphlets. The shelter provided temporary emergency
housing for victims, job training, and medical care (almost 100 percent
of returned victims have contracted a sexually transmitted disease). In
September the IOM received a large grant from the European Commission
to focus on victim repatriation and reintegration, as well as efforts
at prosecution of traffickers. The organization also received
additional funds for its shelter, which was the only one in Chisinau.
----------
MONACO
Monaco is a constitutional monarchy in which the sovereign Prince
plays a leading role in governing the country. The Prince appoints the
four-member government, headed by a Minister of State chosen by the
Prince from a list of candidates proposed by France. The other three
members are the Counselor for the Interior (who is usually French), the
Counselor for Public Works and Social Affairs, and the Counselor for
Finance and the Economy. Each is responsible to the Prince. Legislative
power is shared between the Prince and the popularly elected 24-member
National Council. There also are three consultative bodies whose
members are appointed by the Prince: The 7-member Crown Council; the
12-member Council of State; and the 30-member Economic Council, which
includes representatives of employers and trade unions. The judiciary
is independent.
In addition to the national police force, the ``Carabiniers du
Prince'' carried out security functions. Government officials
effectively controlled both forces.
The population was approximately 32,000, and the principal economic
activities were services and banking, light manufacturing, and tourism.
The economy provided residents with a high standard of living.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
dealing with individual instances of abuse. Authority to change the
Government and initiate laws rests with the Prince. The Penal Code
prohibits public denunciations of the ruling family. The Constitution
distinguishes between those rights that are provided for all residents
and those that apply only to the approximately 7,000 residents who hold
Monegasque nationality. Some remnants of legal discrimination against
women persisted, particularly with regard to the transmission of
citizenship. Monaco was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life by the
Government or its agents.
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 generally met international standards. Women were
held separately from men, and juveniles were held separately from
adults. The Government permits visits by human rights observers;
however, there were no such visits during the year. After prisoners
receive definitive sentences, they are transferred to a French prison
to serve out their prison term.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. Arrest warrants are required, except when
a suspect is arrested while committing an offense. The police must
bring detainees before a judge within 24 hours to be informed of the
charges against them and of their rights under the law. Most detainees
are released without bail, but the investigating magistrate may order
detention on grounds that the suspect either might flee or interfere
with the investigation of the case. The magistrate may extend the
initial 2-month detention for additional 2-month periods indefinitely.
The magistrate may permit family members to see detainees.
The Penal Code prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--Under the Constitution, the Prince
delegates his judicial powers to the judiciary. The law provides for a
fair, public trial, and the independent judiciary generally respected
these provisions in practice. The defendant has the right to be present
and the right to counsel, at public expense if necessary. As under
French law, a three-judge tribunal considers the evidence collected by
the investigating magistrate and hears the arguments made by the
prosecuting and defense attorneys. The defendant enjoys a presumption
of innocence and the right of appeal.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected these rights; however, the Penal Code prohibits public
denunciations of the ruling family, a provision that the media
generally respected in practice.
Several periodicals were published. There were no domestically
published daily newspapers. Foreign newspapers and magazines circulated
freely, including French journals that specifically covered news in the
Principality. Foreign radio and television were received without
restriction. Stations that broadcast from the Principality operated in
accordance with French and Italian regulations. There were no
restrictions on access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
Outdoor meetings require police authorization, but there were no
reports that police withheld authorization for political or arbitrary
reasons. Formal associations must be registered and authorized by the
Government, and there were no reports the Government withheld
registration for political or arbitrary reasons.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. Roman
Catholicism is the state religion.
No missionaries operated in the principality and proselytizing was
strongly discouraged; however, there is no law against proselytizing by
religious organizations formally registered by the Ministry of State.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice. Residents moved
freely within the country and across its open borders with France.
Nationals enjoyed the rights of emigration and repatriation; however,
they can be deprived of their nationality for specified acts, including
naturalization in a foreign country. Only the Prince can grant or
restore nationality, but he is obliged by the Constitution to consult
the Crown Council on each case before deciding.
In light of its bilateral arrangements with France, the Government
does not grant political asylum or refugee status unless the request
also meets French criteria for such cases. The number of such cases was
very small.
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 cooperated 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
Authority to change the Government and to initiate laws rests with
the Prince. The 1962 Constitution cannot be suspended, but it can be
revised by common agreement between the Prince and the elected National
Council. The Prince played an active role in government. He names the
Minister of State (in effect, the Prime Minister) from a list of names
proposed by the French government. He also names the three Counselors
of government (of whom the one responsible for the interior is usually
a French national). Together the four constitute the Government. Each
is responsible to the Prince.
Only the Prince may initiate legislation, but the 24-member
National Council may propose legislation to the Government. All
legislation and the adoption of the budget require the Council's
assent. Elections for National Council members, which are held every 5
years, are based on universal adult suffrage and secret balloting.
The Constitution provides for three consultative bodies. The seven-
member Crown Council, composed exclusively of Monegasque nationals,
must be consulted by the Prince on certain questions of national
importance. He may choose to consult it on other matters as well. The
President and three members of the Crown Council are chosen directly by
the Prince for 3-year terms. The three other members are proposed by
the National Council, also for 3-year terms; the Prince then ratifies
their selection.
The 12-member Council of State, which is not restricted to
Monegasque citizens, advises the Prince on proposed legislation and
regulations. The Council of State is presided over by the Director of
Judicial Services, usually a French citizen. The Director and other
members are nominated by the Minister of State; their nominations are
ratified by the Prince.
Women were active in public service. The Mayor of Monaco, one
member of the Crown Council, five members of the National Council, and
four members of the Economic Council were women.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
While the Government imposed no restrictions on the establishment
or operation of local groups devoted to monitoring human rights, no
such groups were formed. Foreign groups did not seek to investigate
human rights conditions in the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides that all nationals are equal before the
law. It differentiates between rights that are accorded to nationals
(including preference in employment, free education, and assistance to
the ill or unemployed) and those accorded to all residents, such as
freedom of inviolability of the home.
Women.--Reported instances of violence against women were rare.
Marital violence is prohibited strictly, and any wife who is a victim
may bring criminal charges against her husband.
Women were represented fairly well in the professions; however,
they were represented less well in business. Women received equal pay
for equal work, and there were no reports of sexual harassment.
The law governing transmission of citizenship provides for equality
of treatment between men and women who are nationals by birth; however,
women who acquire Monegasque citizenship by naturalization could not
transmit it to their children, whereas naturalized male citizens could.
Children.--The Government was committed fully to the protection of
children's rights and welfare and has well-funded public education and
health care programs. The Government provided compulsory, free, and
universal education for children up to the age of 16.
There was no societal pattern of abuse of children.
Persons with Disabilities.--There was no governmental or societal
discrimination against person with disabilities. The Government
mandated that public buildings provide access for persons with
disabilities, and this goal largely has been accomplished.
Section 6. Worker Rights
a. The Right of Association.--Workers were free to form unions, but
fewer than 10 percent of workers were unionized, and relatively few
workers, unionized or nonunionized, resided in the Principality. Unions
were independent of both the Government and political parties.
Antiunion discrimination is prohibited. Union representatives can
be fired only with the agreement of a commission that includes two
members from the employers' association and two from the labor
movement. Allegations that an employee was fired for union activity may
be brought before the Labor Court, which can order redress, such as the
payment of damages with interest.
The Monegasque Confederation of Unions was not affiliated with any
larger labor organization but was free to join international bodies.
b. The Right to Organize and Bargain Collectively.--The law
provides for the free exercise of union activity, and workers exercised
this right in practice. Agreements on working conditions were
negotiated between organizations representing employers in a given
sector of the economy and the respective union. Collective bargaining
is protected by law; however, it was used rarely.
The Constitution provides for the right to strike in conformity
with relevant legislation; however, government workers may not strike.
There were no strikes during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor including by children, and there were
no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment is 16 years; those
employing children under that age can be punished under criminal law.
Special restrictions apply to the hiring, work times, and other
conditions of workers 16 to 18 years old.
e. Acceptable Conditions of Work.--The legal minimum wage for full-
time work is the French minimum wage, which at year's end was $7.10
(6.83 euros), plus 5 percent. The 5 percent adjustment was intended to
compensate for the travel costs of the three-quarters of the workforce
who commuted daily from France. The minimum wage provided a decent
standard of living for a worker and family. Most workers received more
than the minimum. The legal workweek was 39 hours. The Government
allows companies to reduce the workweek to 35 hours if they so choose.
Health and safety standards are fixed by law and government decree.
These standards were enforced by health and safety committees in the
workplace and by the Government Labor Inspector. Workers have the right
to remove themselves from dangerous work situations.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, there were no reports that persons were trafficked
to, from, or within the country.
__________
THE NETHERLANDS
The Netherlands is a constitutional monarchy with a parliamentary
legislative system. The Prime Minister and a Cabinet representing the
governing political parties (traditionally a coalition of at least two
major parties) exercise executive authority. The bicameral Parliament
is elected through free and fair elections. The judiciary is
independent.
Regional police forces were primarily responsible for maintaining
internal security. The police, the Royal Constabulary, and
investigative organizations concerned with internal and external
security generally were under effective civilian authority.
The market-based economy was export oriented and featured a mixture
of industry, services, and agriculture. The country had a total
population of approximately 16.2 million. Living standards and the
level of social benefits were high. Unemployment was approximately 3
percent, with an additional 10 percent of the workforce on full or
partial disability. Long-term unemployment, particularly among ethnic
minorities, remained a problem.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. Violence and discrimination against
women existed, as did child abuse. Discrimination and some violence
against minorities continued to be a concern. Trafficking in women and
girls for prostitution was a problem. The Government took steps to deal
with all of these problems. The Netherlands was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a
participant.
Aruba and the Netherlands Antilles are two autonomous regions of
the kingdom; they also feature parliamentary systems and full
constitutional protection of human rights. In practice respect for
human rights in these islands generally was the same as in the
Netherlands; however, the islands' prison conditions remained
substandard.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In May police arrested an animal rights activist for the killing of
Populist politician Pim Fortuyn, who was shot shortly before the May
elections (see Section 2.c.)
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 government officials employed them.
There were sporadic incidents of rightwing and racist violence
against religious and ethnic minorities (see Sections 2.c. and 5).
Prison conditions in the country generally met international
standards. Male and female prisoners were held separately. In addition,
juvenile prisoners were held separately from adults and pretrial
detainees were held separately from convicted criminals. The Government
permitted visits by independent human rights monitors, but no such
visits were known to have taken place during the year.
In 2001 the Council of Europe's Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT) urged
the Governments of the Netherlands Antilles and Aruba to improve
conditions at Curacao's Koraal Specht (now Bon Futuro) prison and in
cell blocks at the police stations on the islands of St. Maarten,
Bonaire, and Aruba. The CPT's criticism focused on overcrowding,
violence, extremely poor sanitary conditions, poor food, and
insufficient ventilation. The Committee also criticized widespread
corruption and the mistreatment of prisoners by guards at Koraal
Specht. In response to CPT criticism the Justice Minister set up the
Kibbelaar Committee early in 2001. In September 2001, it found that
prison guards on Curacao and St. Maarten routinely smuggled drugs and
firearms into the prison and allowed breakouts and sexual assaults to
occur. The Justice Minister subsequently suspended 175 of the 202
guards, and put the regular police in charge of guarding the prisons.
The Government repeatedly has provided financial assistance to the
Government of the Netherlands Antilles for the construction of a new
juvenile wing, a maximum-security facility, and other improvements at
Bon Futuro. The Government also sent experts on prison organization and
the training of guards. In 2001, the Government of the Netherlands
Antilles renovated the entire prison complex and changed the prison's
name from Koraal Specht to Bon Futuro. Construction of a new wing
relieved overcrowding. At the request of the Antillean government and
with funds from the Dutch government, a private foreign company
supplied expert personnel who reorganized prison management and trained
mid-level staff for a period of a year. During the year, the St.
Maarten police cells were repainted and received new fixtures; however,
reports continued of unsanitary conditions and lack of bedding.
The Governments of the Netherlands Antilles and Aruba allowed
access by independent human rights observers to prisons; however, no
such visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions in practice.
Criminal investigations were conducted by police officers, who
acted under the authority of the public prosecutor. A prosecutor or
senior police officer must order arrests. Police officers could
question suspects for a maximum of 12 hours and could detain a suspect
for up to 6 days upon an order of the public prosecutor. If the
prosecutor believed an investigation was necessary, he was required to
request a preliminary judicial inquiry from the investigative judge,
who then assumed responsibility over the investigation. Defense
attorneys had the right to be present during any questioning.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system is based on the Napoleonic Code. A pyramidal
system of cantonal, district, and appellate courts handled both
criminal and civil cases. The Supreme Court acted as the highest
appellate court and ensured the uniform interpretation of the law.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. In 2001 both the judiciary and
the public prosecutor introduced procedures whereby complaints could be
filed for perceived impolite or rude treatment by either a judge or
prosecutor. The law instructs that defendants be fully informed at
every stage of criminal proceedings. In criminal trials, the law
provides for a presumption of innocence and the right to public trial,
to counsel (virtually free for low-income persons), and to appeal.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Violations were 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
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
There were dozens of national and local newspapers and magazines, 3
public and 6 commercial television stations, and 5 public and 12
commercial radio stations. The media was independent. Access to the
Internet was unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The Government provided subsidies to religious organizations
that maintained educational facilities.
In past years, the courts and the Equal Opportunity Committee
addressed repeatedly the issue of whether Muslim women and girls could
wear headscarves. The prevailing decisions have held that the wearing
of headscarves may be banned only on narrow grounds, such as a concern
for safety or inconsistency with an official government uniform.
Muslims comprised approximately 5 percent of the population.
The Center for Information and Documentation on Israel (CIDI)
reported sporadic anti-Semitic incidents during the year. Most such
instances involved physical and verbal intimidation of Jews perpetrated
primarily by Arab youths. For example, in March, a boy wearing a
yarmulke was beaten by Moroccan youth in front of the Portuguese-
Israeli synagogue in Amsterdam. There were no serious attacks on
synagogues or Jewish shops during the year.
In late 2001, there was a sharp increase in anti-Muslim incidents,
including vandalism, arson, the defacing of mosques or Islamic
institutions, harassment, and verbal abuse in public places, directed
particularly at women wearing headscarves. During the year, there were
few incidents of arson or defacing of mosques and Islamic institutions,
but Muslims frequently were subjected to verbal or physical
intimidation, as the overall public attitude towards Muslims became
less tolerant.
Populist politician Pim Fortuyn, who was killed shortly before the
May general elections, received broad support for his characterization
of Islam as a backward culture that was intolerant toward women and
homosexuals and that allowed practices from the Middle Ages. The
consequent backlash against the Muslim community worsened with growing
resentment of Moroccan youth gangs held responsible for a major rise in
crime.
In other areas, antidiscrimination boards rebuked employers
publicly for failing to allow non-Christians to take leave from work on
their religious holidays and for objecting to Sikhs wearing turbans, to
Muslim women wearing headscarves, or to the observance of food
requirements on religious grounds.
The Discrimination in Internet Registration Center registered 691
complaints in 2001, including 197 complaints about anti-Semitic
statements and 71 about anti-Islamic statements.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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 cooperated with the
office of the U.N. High Commissioner for Refugees, and other
humanitarian organizations in assisting refugees. The Government did
not provide first asylum; however, asylum seekers were permitted to
apply for residence status, except those (approximately 40 percent) who
obviously came from a so-called safe country of origin or stayed for
some time in a safe third country. In 2000, the last year for which
statistics were available, the Government turned down 83 percent of the
asylum requests that were processed. However, up to 30 percent of those
whose applications were denied nonetheless were permitted to stay in
the country temporarily on humanitarian grounds or for so long as their
country of origin was considered unsafe.
The Government's asylum policy was designed to protect genuine
refugees while excluding economic migrants and illegal immigrants. In
2001 the Aliens Act entered into force with the aim of discouraging
economic migrants at all stages of the asylum process through a
stricter intake, the accelerated processing of asylum requests, limited
appeal procedures, and the denial of social assistance to asylum
seekers who were rejected. These measures resulted in a sharp decrease
in asylum seekers from approximately 43,000 in 2000 to approximately
33,000 in 2001 and fewer than 20,000 during the year.
The Justice Ministry estimated that half of all asylum seekers came
to the country via alien smuggling organizations.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. These constitutional rights also apply to the
Netherlands Antilles and Aruba.
Parliamentary elections were held in May. There were no
restrictions in law or in practice that hindered the participation of
women and minorities in government and politics. Approximately one-
third of the 150 members of the second chamber of Parliament were
female, as was 1 of 15 cabinet ministers. The Government pursued an
active policy to promote the participation of women in politics and
public administration. Although women were a minority, they also held
positions in the Parliaments and Cabinets of the Netherlands Antilles
and Aruba.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were very
cooperative and responsive to their views.
The Government has a long tradition of hosting international legal
tribunals and facilitated the trial, conducted under Scottish law, of
two Libyans accused of the 1988 bombing of Pan American Flight 103. The
Government also hosted the International Criminal Court, the
International Criminal Tribunal for the Former Yugoslavia, and the
headquarters of the International Criminal Tribunal for Rwanda.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination on the basis of any of
these factors or political preference as well as sexual orientation.
Under the Equal Treatment Act, complainants may sue alleged offenders
under civil law.
Women.--Societal violence against women was a problem. A 2001
report by the Social Affairs Ministry showed that each year
approximately 200,000 women in the country, particularly ethnic
minorities, were victims of violence by their former or present spouses
or partners. Each year approximately 50,000 women suffer from serious
violence, defined as battering, physical and mental abuse,
manslaughter, and sexual violence, and 60 to 80 die of domestic
violence. Marital rape is a crime and carries the same penalty as
nonmarital rape, a maximum of 8 years' imprisonment. Spousal abuse
carries a one-third higher penalty than ordinary battery. Fewer than 10
percent of victims of domestic violence reported to the police; most
cases were not reported out of fear, shame, or guilt. Each year
approximately 800 men were prosecuted for battering their partners. The
Government estimated the costs to society caused by violence against
women at approximately $148 million (150 million euros) per year.
The Government supported programs to reduce and prevent violence
against women. There was a network of 48 government-subsidized shelters
offering the services of social workers and psychologists to battered
women. In addition, battered women who left their domestic partners
became eligible for social benefits, which included an adequate basic
living subsidy as well as an allowance for dependent children. In
addition to helping victims of sexual abuse, the Government pursued an
active prevention campaign through media commercials and awareness
training of educators. Nongovernmental organizations (NGOs) also
advised and assisted women who were victims of sexual assault.
Prostitution is legal if the person is over 17 years of age and
engages in the work voluntarily; however, organizing the prostitution
of another person is a crime even if done with the consent of the
prostitute. It is illegal to force a person into prostitution (see
Section 6.f.). All brothels required licenses issued by local
governments with strict conditions to be observed by brothel owners.
The Government believed that by decriminalizing prostitution, licensing
brothel operators, and improving working conditions and health care for
prostitutes, while at the same time prohibiting the employment of
minors and illegal immigrants, prostitution would be less susceptible
to criminal organizations trafficking in women and children. The
licensing system in principle also makes prostitution more transparent
and easier for the police to monitor; however, trafficking in women for
the purpose of prostitution remained a problem, despite government
efforts to combat it (see Section 6.f.). Between 20,000 and 30,000
persons were employed in the sex trade, and an estimated half of all
prostitutes originated in non-European Union (EU) countries and resided
in the country illegally.
The law requires employers to take measures to protect workers from
sexual harassment; however, research showed that approximately 245,000
women, or 6.6 percent of the female working population, were
intimidated sexually in the work place each year. The Government funded
an ongoing publicity campaign to increase awareness of the problem. As
the largest employer, the Government has taken measures to counter
harassment among civil servants, including in the police force.
Women increasingly entered the job market, but traditional cultural
factors and an inadequate number of day care facilities tended to
discourage women--especially women with young children--from working;
one-third of women permanently stopped working after the birth of their
first child. In 2001 approximately 65 percent of women between the ages
of 15 and 65 held paying jobs and about 58 percent of these worked part
time. The social welfare and national health systems provided
considerable assistance to working women with families. Women were
eligible for 16 weeks of maternity leave with full pay. The Parental
Leave Law allows both parents to take unpaid full time leave for 3
months and to extend that leave for more than 6 months to care for
children up to 8 years old. Persons working fewer than 20 hours per
week also were entitled to parental leave.
Nevertheless women often were underemployed, had less chance of
promotion and held lower level positions than men, primarily because of
their part-time work status. According to the Ministry of Social
Affairs and Employment, women working in the private sector on average
earned 23 percent less than men, although when adjusted for level of
experience and expertise required for the jobs, this differential was
reduced to 7 percent.
The Government provided affirmative action programs for women.
Collective labor agreements usually included one or more provisions to
strengthen the position of women. The law mandates equal pay for equal
work, prohibits dismissal because of marriage, pregnancy, or
motherhood, and provides the basis for equality in other employment-
related areas. A legislatively mandated Equal Treatment Commission
actively pursued complaints of discrimination in these areas as well as
allegations of pay discrimination.
Children.--The Government worked to ensure the well being of
children through numerous well-funded health, education, and public
information programs. Compulsory education ends at age 16, or after at
least 12 years of education. Education was free for children between 4
and 16, although schools could ask for a voluntary contribution from
parents. Vocational education was also free, except for the cost of
books and materials. Approximately 10 percent of students left
secondary school before attaining a certificate. Government-licensed
Islamic schools were obliged to follow the same curriculum requirements
as other schools.
According to the Child Abuse Reporting and Advisory Center, an
estimated 40,000 to 80,000 children were victims of child abuse each
year, although only approximately 20,000 formal reports of child abuse
were registered. As a result of abuse, 40 to 50 children die each year.
In June the Dutch Children's Rights Collective, which included
organizations such as UNICEF Nederland, concluded in a report that the
Government was violating the U.N. Convention on Children's Rights,
particularly criticizing the long waiting list for assistance to abused
children. There were approximately 7,000 abused children on the waiting
list at year's end. The Council for the Protection of Children, which
operated through the Ministry of Justice, enforced child support
orders, investigated cases of child abuse, and recommended remedies
ranging from counseling to withdrawal of parental rights. The
Government also maintained a popular hot line for children and a
network of pediatricians who track suspected cases of child abuse on a
confidential basis.
The age of consent is 16. Sexual intercourse with minors under age
12 is a criminal offense. Amendments to the Public Morality Act,
enacted in July, allow for the prosecution of sexual abusers of
children between the ages of 12 and 16 without the earlier requirement
that interested parties file a complaint. The law imposes penalties on
prostitution activities involving minors; maximum penalties vary
between 6 years' imprisonment for sex (in the context of prostitution)
with minors under age 18, 8 years for sex with minors under 16 years of
age, and 10 for sex with minors less than 12 years. Under the law,
citizens and persons having a permanent residence in the country who
abused minor children in foreign countries could be tried and convicted
even if the offense is not a crime in the country where it took place.
Trafficking in girls for the purpose of prostitution was a problem (see
Section 6.f.).
The maximum penalty for the distribution of child pornography is 4
years' imprisonment and 6 years' in the event of financial gain. The
law allows for provisional arrest, house searches, and criminal
financial investigations. The possession of child pornography was
punishable by law, but exemptions were made for scientific or
educational use. However, these exemptions caused some problems; for
example, in the past owners claimed that child pornographic collections
were of historical value. In July the Public Morality Act raised the
age at which minors were allowed to perform in pornographic films from
16 to 18, which corresponded to the age requirement in the
International Labor Organization (ILO) Convention against the (sexual)
exploitation of children, as well as to the national minimum age for
working in the prostitution sector. The Act also criminalizes the
electronic manipulation of images of children for sexual purposes.
The Government continued its campaign against child pornography on
the Internet.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services; however, according to the Dutch Council for
Chronic Patients and the Handicapped, public buildings and public
transport were often not easily accessible. Approximately 10 percent of
the work force was on full or partial disability. The Equal Treatment
Act of Handicapped People and the Chronically Ill, adopted in
September, requires the equal treatment of persons with disabilities
and those who suffer from chronic diseases. It was scheduled to take
effect in January 2003. The law bans discrimination of persons with
disabilities in employment, education, and public transport.
National/Racial/Ethnic Minorities.--The traditionally homogeneous
nature of society has changed in recent decades due to the influx of
immigrants and asylum seekers. Of a total population of 16.2 million,
approximately 3 million were of foreign origin, including 1.6 million
who belong to an ethnic minority group, principally Turkish, Moroccan,
Surinamese and Antillean. Government policies that were broad in scope
and intent promoted the integration of racial and ethnic minorities,
and in general citizens supported integration and were averse to
discrimination and unequal treatment; however, integration remained a
problem, and immigrant groups faced some discrimination. Various NGOs,
some of which were funded by the Government, monitored violations.
Members of immigrant groups face some discrimination in housing and
employment. The Government has worked for several years with employers'
groups and unions to reduce minority unemployment levels to the
national average. These actions have significantly reduced the rate of
unemployment among ethnic minorities from 16 percent in 1998 to 9
percent in 2001; however, the minority unemployment rate was 3 times
that of the ethnically Dutch workforce. The Act on the Stimulation of
Labor Participation by Ethnic Minorities is intended to increase job
opportunities for ethnic minorities; it requires employers with a work
force of over 35 persons to register their non-Dutch employees, and
employers were to strive for a composition of their work force that
reflects the regional working population. The Labor Inspectorate
oversees implementation of the law.
In 2000 several ministries, government job centers, and the Dutch
Small Business Association pledged to find jobs for some 20,000 persons
from ethnic minorities before May 2001. Since then, the program twice
was extended; and an estimated 62,000 new jobs have been created.
The Government pursued an active campaign to increase public
awareness of racism and discrimination. Civil and criminal courts, as
well as the Equal Opportunities Committee, the National Ombudsman, the
Commercial Code Council, the Council, addressed complaints about racism
and discrimination for Journalism, the European Court of Justice, and
the European Human Rights Court. The majority of criminal cases
concerned racist defamation. Civil lawsuits often concern
discrimination in the supply of services, such as supplemental
conditions for non-ethnic Dutch to obtain a mobile phone or to gain
access to clubs. The Equal Opportunities Committee primarily addresses
incidents of discrimination on the labor market, including
discrimination on the work floor, unequal pay, termination of labor
contracts and preferential treatment of non-ethnic employees.
In 2001 the Council of Chiefs of Police has adopted a series of
measures to improve police awareness of incidents of discrimination.
These measures included the appointment of a contact person for
discrimination in each of the 25 regional police forces, the
establishment of a National Bureau of Discrimination Cases (which acts
as a clearing house and database for police forces nation-wide) and the
establishment of a national registration system of cases of racism and
discrimination to provide a comprehensive database of such cases.
The Prosecutor's Office also has established a National Expertise
Center on Discrimination that collects information, maintains a
database on cases, and provides courses to prosecutors handling cases
of discrimination.
The Government-sponsored National Association of Anti-
Discrimination Bureaus, established in 1999 to combat racial
discrimination maintains information collected by local
antidiscrimination bureaus. It registered approximately 3,900
complaints in 2001, the last year for which figures were available.
With the proliferation of Internet web sites, the dissemination of
racial and discriminatory material also has increased. The privately
run Discrimination on the Internet Registration Center received 691
complaints in 2001, compared with 550 in 2000. Of these, 370 complaints
qualified as discrimination in the sense of the law. Most complaints
concerned racist statements (507); 197 were of an anti-Semitic, and 71
of an anti-Islamic nature. For 360 cases, the center requested that the
statements be removed from Internet, which was done in 312 cases. In 12
cases, the Internet provider issued a warning to the customer at the
Center's request. In 9 cases, the Internet provider blocked the
customer accounts. In 2001 11 cases were passed on to the prosecutor's
office; a few of these cases eventually resulted in convictions. Over
70 percent of such statements were removed voluntarily at the center's
request. There have been only two convictions in the past few years for
offenses committed that involved the Internet.
Section 6. Worker Rights
a. The Right of Association.--Workers are entitled to form or join
unions of their own choosing without prior government authorization,
and workers exercised this right. Membership in labor unions is open to
all workers including armed forces personnel, the police, and civil
service employees. Unions were free of control by the Government and
political parties. Union members could and did participate in political
activities. Approximately 28 percent of the work force was unionized;
however, union-negotiated collective bargaining agreements usually were
extended to cover approximately three-quarters of the work force. The
white-collar unions' membership was the fastest growing. There were
three trade union federations. The largest was the FNV Trade Union
Federation (FNV), with approximately 1.23 million members, followed by
the Christian Trade Union Federation (CNV), with approximately 354,000
members, and the MHP Trade Union Federation for Staff and Managerial
Personnel, with approximately 200,000 members. Unions were free of
government and political party control.
Antiunion discrimination is prohibited, and there were no reports
that it occurred. Union federations and employers' organizations were
represented, along with independent experts, on the Social and Economic
Council. The Council was the major advisory board for the Government on
policies and legislation regarding national and international social
and economic matters.
Unions were free to affiliate with national and international trade
union federations. The three union federations were active
internationally, without restriction.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for the right to organize and specific laws
provide for the right to collective bargaining; workers exercised this
right. Collective bargaining agreements were negotiated in the
framework of the so-called Social Partnership developed between trade
unions and private employers.
Representatives of the main union federations, employers'
organizations, and the Government met each year to discuss labor
issues, including wage levels and their relation to the state of the
economy and to international competition. The discussions led to a
central accord with social as well as economic goals for the coming
year. Under this umbrella agreement, unions and employers in various
sectors negotiated sectoral agreements, which the Government usually
extended to all companies in the sector. Collective labor agreements
usually had one or more provisions to strengthen the position of women
(see Section 5).
All workers have the right to strike, except for most civil
servants who have other institutionalized means of protection and
redress. Industrial relations were very harmonious, and strikes were
infrequent. In 2001 approximately 45 out of 1,000 labor days were lost,
mostly over union demands for higher pay and a 36-hour workweek. By law
retribution against striking workers is prohibited, and the Government
generally respects this prohibition in practice.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children; however, there
were reports that such practices occurred (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment is 16 years. Those in
school at the age of 16 may not work more than 8 hours per week. The
law prohibits persons under the age of 18 from working overtime, at
night, or in areas dangerous to their physical or mental well being.
The tripartite Labor Commission, which monitored hiring practices and
conducts inspections, enforced these laws effectively.
Holiday work and after school jobs are subject to very strict rules
set in the Work Time Act, the Child Labor Regulation (for children
under age 16), and the Working Conditions Decree. The Social Ministry's
Labor Inspection Office oversaw observance of the rules. Although child
labor is banned, an increasing number of children worked for pay during
holidays. The parents of such children were to be reported officially
by labor inspectors, and the Public Prosecutor could prosecute the
parents for violating the ban on child labor. In 2001 labor inspections
showed that more than half of companies violated the regulations
applying to holiday work, including by employing children under the age
of 13. In February the Ministry of Social Affairs, in cooperation with
the ILO and the International Association of Labor Inspection,
organized an international child labor conference.
e. Acceptable Conditions of Work.--The minimum wage for adults is
established by law and can be adjusted every 6 months to reflect
changes in the cost-of-living index. Over the last few years, the
statutory minimum wage has been pegged to the average wage in
collective labor contracts. The gross minimum wage was approximately
$1,194 (1,206 euros) per month. For workers earning the minimum wage,
employers paid $2,400 per year (2,412 euros) in premiums for social
security benefits, which included medical insurance. The legislated
minimum wage and social benefits available to minimum wage earners
provided an adequate standard of living for a worker and family. Only 3
percent of workers earned the minimum wage because collective
bargaining agreements, which normally were extended across a sector,
usually set a minimum wage well above the legislated minimum. The
Government, unions, and employers have taken measures to increase the
number of minimum wage jobs and decrease employers' social payments in
order to lower the cost of hiring new workers and create more jobs,
especially for the long-term unemployed.
A reduced minimum wage applies to young persons under the age of
23--one of the groups with the highest rate of unemployment--and was
intended to provide incentives for their employment. This wage ranged
from 34.5 percent of the adult minimum wage for workers 16 years of age
to 85 percent for those 22 years of age.
Although the law sets a 40-hour workweek, the average workweek for
those with full-time jobs was 37.5 hours. Anyone working more than 4.5
hours per day was entitled to a 30-minute break. This workweek was the
result of agreements reached in collective bargaining on shorter
workweeks, often in conjunction with more flexible working hours. The
law prohibits employers from treating part-time workers differently
from those in full-time jobs.
Working conditions, including comprehensive occupational safety and
health standards set by law and regulations, were monitored actively
and enforced effectively by the tripartite Labor Commission. The
Ministry of Labor and Social Affairs also monitored standards through
its Labor Inspectorate. Workers could remove themselves from dangerous
work conditions without jeopardizing their continued employment.
f. Trafficking in Persons.--The law specifically criminalizes alien
smuggling and trafficking in persons; however, trafficking was a
problem.
The maximum sentence for trafficking in persons is 6 years'
imprisonment. In cases involving minors, severe physical violence, or
organized trafficking, the maximum sentence is 10 years. The maximum
sentence for alien smuggling is 8 years. The 2000 Prostitution Law,
which prohibits the illegal employment of prostitutes in the country,
allowed the Government to intensify its fight against criminal
organizations trafficking in women and children (see Section 5).
The Government actively investigated and prosecuted traffickers. In
2001 authorities prosecuted 86 trafficking cases of which 75 resulted
in convictions.
The Government actively combated trafficking in persons. The
Ministries of Justice, Internal Affairs, Foreign Affairs, Welfare and
Health, and Social Affairs were involved, and a number of local police
forces established special units to deal with trafficking. Since 2000
the National Rapporteur on Trafficking in Persons, an independent,
publicly funded agency, has reported annually to the Government on the
nature, extent, and mechanisms of trafficking, as well as on the
effects of national policies. Its first report in May included a number
of recommendations to the Government: An expansion of the national
definition of trafficking in persons to include social-economic
exploitation in sectors other than prostitution; a more active fight
against (organized) traffickers; and more attention to victims. The
Government also cooperated closely with other government on
trafficking, and EUROPOL, established in The Hague, provided analytical
support and administrative expertise to EU member-state law enforcement
agencies on trafficking matters. The Justice Ministry also cofinanced
the La Strada program, aimed at preventing trafficking in women in
Central and East European countries.
Women and girls were trafficked into the country from countries
around the world, including Nigeria, Thailand, the Philippines, China,
and countries in South America and Central and Eastern Europe. The
country was also a transit country. Although there were no reliable
statistics, NGOs and the police estimated the number of women and girls
trafficked for the purpose of prostitution ranged from 1,000 to 3,600
women each year. The National Criminal Investigation and Information
Service (NRI) believed that one out of five of the approximately 17,500
prostitutes working in the country was a trafficking victim.
Internal trafficking was a problem. According to a report published
by the NRI in March, approximately 25 percent of girls forced to work
as prostitutes were citizens, mostly of Moroccan, Surinamese, or
Netherlands Antillean origin. They were mostly drug-dependent, and were
easily recruited in schools and discos by youthful procurers, commonly
known as loverboys. These loverboys were primarily young Moroccans or
Turks living in the country who enticed young girls into prostitution.
The girls are later sold to other traffickers, who exploited them in
other parts of the country. Local governments have initiated a school
campaign to warn girls of the danger of loverboys.
The Immigration and Naturalization Service (IND) reported the
disappearance of youthful asylum seekers (AMA's), particularly Nigerian
and Chinese girls, from refugee centers who were later found in the
illegal prostitution business. The Government has taken measures to
combat this problem through better registration of asylum seekers and
by placing young female asylum seekers in special shelters.
African women, in particular those from Nigeria, made up a sizeable
portion of foreign women working illegally as prostitutes. According to
the authorities, the most widely used method for trafficking African
women was the fraudulent use of special asylum procedures for minors,
who were virtually ensured entry. Most women trafficked from Africa
claimed to be under the age of 18, although not all were. Once at the
asylum center, they remained for a few days and then disappeared, only
to turn up later as prostitutes in the country or elsewhere in Europe.
Most of these women were under extreme pressure to work as prostitutes.
A 2000 study of prostitutes from Central and Eastern Europe
indicated that five out of six women liberated from trafficking
organizations in the country knew that they were to be employed in the
sex industry when they accepted the offer of their recruiters. However,
upon their arrival, they often were treated as slaves, physically
abused, intimidated, threatened, and physically confined by their
captors.
Under the law, illegal residents, who may have been victims of
trafficking, may not be deported before investigations were completed.
Victims were allowed 3 months to consider pressing charges, and victims
who did so were allowed to stay in the country until the judicial
process was completed. During this period, victims received legal,
financial, and psychological assistance. In special circumstances,
residence permits were granted on humanitarian grounds. After
completion of the judicial process, illegal prostitutes returning to
their native countries were eligible for temporary financial
assistance.
The Government subsidized NGOs working with trafficking victims,
including the Dutch Foundation Against Trafficking in Women, which was
an independent organization offering social support, legal advice,
medical aid, shelters, and counseling to victims of trafficking.
__________
NORWAY
Norway is a parliamentary democracy and constitutional monarchy
with King Harald V as the Head of State. It is governed by a prime
minister, cabinet, and a 165-seat Parliament (Storting) that is elected
every 4 years through free and fair elections; it cannot be dissolved.
The judiciary is independent.
The national police have primary responsibility for internal
security; however, in times of crisis, such as internal disorder or
natural catastrophe, the police may call on the armed forces for
assistance. In such circumstances, the armed forces are under police
authority. The civilian authorities maintained effective control of the
security forces.
The country, which is an advanced industrial state with a mixed
economy combining private and public ownership that provides a high
standard of living for residents, had a population of approximately 4.5
million. The key industries were oil and gas, metals, engineering,
shipbuilding, fishing, and manufacturing (including fish processing
equipment). The leading exports were oil and gas, manufactured goods,
fish, and metals. The economy was characterized by low unemployment and
labor shortages in many sectors.
The Government generally respected the rights of its citizens, and
the law and the judiciary provided effective means of dealing with
individual instances of abuse. Violence against women and abuse of
children existed. There were reports of trafficking in persons. Norway
was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul,
Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In January three persons were sentenced to prison for the 2001
killing of a boy of African parentage.(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 Constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison conditions generally met international standards. Men and
women were held separately. Juveniles were not held separately from
adults; however, it was extremely rare for juveniles to be held in
prison. Juveniles generally were cared for by social welfare
authorities. Pretrial detainees were held separately from convicted
prisoners.
The Government permits visits by independent human rights
observers, although there were no such visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
The law authorizes the Government to use forced exile, and this
practice is used in rare cases.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The court system consists of the Supreme Court, the Supreme Court
Appellate Court, superior courts, county courts for criminal cases,
magistrate courts for civil cases, and claims courts. Special courts
include the Impeachment Court (composed of parliamentarians), the labor
court, trusteeship courts, fishery courts, and land ownership severance
courts.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Courts provide counsel to the
indigent.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution and the law prohibit such actions,
and the Government generally respected these prohibitions in practice;
violations were 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
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press, including academic freedom.
There were 177 newspapers, 5 national television stations, and 6
national radio stations in the country. In addition, there were
numerous regional and local newspapers and television and radio
stations. Two television channels and five radio channels were state-
owned. Access to the Internet was widely available and unrestricted.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The state church is the Evangelical Lutheran Church of Norway,
which is supported financially by the State and to which 87 percent of
the population nominally belong. The Constitution requires that the
King and one-half of the Cabinet belong to this church. Public debate
on the relationship between church and state increased during the year.
Other denominations operated freely.
A religious community is required to register with the Government
only if it desires state support, which is provided to all registered
denominations on a proportional basis in accordance with membership.
A 1995 law introduced the subject ``Religious Knowledge and
Education in Ethics'' into the school system. The course covers world
religions and philosophy and promotes tolerance and respect for all
religious beliefs; however, based on the country's history and the
importance of Christianity to society, the course devotes the most time
to Christianity. All children must attend this mandatory course, and
there are no exceptions for children of other faiths; students may be
exempted from participating in or performing specific religious acts
such as church services or prayer, but they may not forgo instruction
in the subject as a whole. Organizations for atheists as well as Muslim
communities have contested the legality of forced religious teaching.
In 2001 Parliament concluded that steps should be taken to make it
easier for parents to request that their children be exempted from
parts of the class and directed the Ministry of Education to draft a
standard form for this purpose, which was sent to all schools. Schools
were instructed to implement the use of the form. In 2001 the Supreme
Court unanimously rejected the Norwegian Humanist Association case
claiming that the teaching of this class was a breach of freedom of
religion and a parent's right to make choices for their children. On
September 17, the Norwegian Humanist Association brought the case
before the European Court of Human Rights where it remained pending at
year's end.
The Workers' Protection and Working Environment Act permits
prospective employers to ask applicants for employment in private or
religious schools and day care centers whether they will respect and
teach Christian beliefs and principles.
Muslims encountered some difficulties in obtaining local permission
to build mosques in areas where they were concentrated.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The law provides for the granting of refugee and asylee status in
accordance with the the 1951 U.N. Convention Relating to the Status of
Refugees and its 1967 Protocol. The Government cooperated with the
office of the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees. The Government grants
first asylum. In 2001 the Government granted protective residency
(which entails the granting of permanent residence permits) to 5,906
persons. The total included: Political asylum for 292 persons;
temporary collective residency permits for 40 Iraqi Kurds; and asylum
as U.N. quota refugees for 1,269 persons. Immigration authorities
rejected 8,976 applications for protective residency. In addition,
12,095 persons received residency status through a family reunification
program.
In 2001 the number of persons seeking asylum increased by 36
percent to 14,782 persons. In late 2001, the Government allocated
additional resources to the Immigration Directorate, which initiated
reforms to speed up application processes for the increasing numbers of
asylum seekers and to meet new demands as a growing number of
applications were considered to be unjustified.
In 1999 the Government granted temporary collective protection and
1-year residence permits to 8,000 Kosovar Albanians,
1,500 of whom returned voluntarily to Kosovo in 2000. Of those who
had returned to Kosovo, 1,200 returned to Norway as refugees later in
2000. Kosovar Albanians remaining in the country were required to apply
for asylum, and most did so. By the beginning of the year, the
Immigration Directorate had processed most of these Kosovar Albanian
asylum applications: 135 were granted asylum; 904 were granted
residency on humanitarian grounds; and 4,500 were rejected.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Women were increasingly well represented at all levels of
government. No restrictions in law or practice hindered women's
participation in government and politics. There were 57 women in the
165-seat Parliament, women headed 8 of the 19 government ministries,
chaired 5 of 15 standing committees in Parliament, and headed 2 of the
6 main political parties.
In addition to participating freely in the national political
process, the Norwegian Sami (formerly known as Lapps) elect their own
constituent assembly, the Sameting. Under the law establishing the 39-
seat body, the Sameting is a consultative group, which meets regularly
to deal with ``all matters, which in [its] opinion are of special
importance to the Sami people.'' In practice the Sameting has been most
interested in protecting the group's language and cultural rights and
in influencing decisions on resources and lands where Sami are a
majority (see Section 5). A report on the activity of the Sami Assembly
is submitted to Parliament annually, and every 4 years a report on the
main principles of Norwegian Sami policy is presented in Parliament. In
2001 the Council of State appointed a new Sami Rights Committee. During
the year, the Government established a Center for the Rights of
Indigenous People as a follow-up to the Government's Plan of Action for
Human Rights. The Center sought to increase knowledge and understanding
of the rights of indigenous people and the rights of the Sami by
collecting and disseminating information identifying research needs.
The Government transferred funds for a number of Sami cultural
institutions to the Sami Assembly to make it directly responsible for
the Sami cultural heritage.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were very cooperative and responsive to their views.
The Ministry of Foreign Affairs oversees the human rights
portfolio. In 2000 the Parliament issued a white paper on human rights
that stressed the importance of incorporating human rights into law and
society in general. Based on the principle that each cabinet minister
is responsible for promoting human rights in his or her field, the
Government established a separate committee of state secretaries
responsible for ensuring that human rights issues receive political
emphasis and attention.
There is a parliamentary ombudsman for public administration who is
also responsible for promoting human rights through his work on
individual cases.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
disability, language, or social status, and the Government generally
enforced this prohibition in practice; however, violence and sexual
harassment against women remained problems.
Women.--Violence against women, including domestic violence, was a
problem. In 2001 there were 653 rapes reported, with 41 convictions.
The police believed that increases in reported rapes and domestic abuse
were due largely to greater willingness among women to report these
crimes. The police investigated and prosecuted such crimes with vigor
and also have instituted special programs to prevent rape and domestic
violence and to counsel victims. Following up on its 2000 plan of
action to prevent domestic violence against women, the Government
established a Forum on Violence Against Women to assess how public
services deal with women who have been subjected to violence and abuse.
Public and private organizations ran several shelters that gave
battered women an alternative to returning to a violent domestic
situation. Each of the country's 19 counties had a number of such
shelters. In 2001 the country's shelters registered 42,200 overnight
stays.
There were reports of trafficking in women for prostitution (see
Section 6.f.).
The Gender Equality Ombudsman--charged with enforcing the Gender
Equality Act--processed complaints of sexual discrimination. In 2001
there were 337 complaints and 525 telephone inquiries to the Ombudsman;
women filed approximately 50 percent of the complaints, men filed 33
percent, organizations filed 14 percent, and the ombudsman's office
directly filed 5 percent.
An amendment to the Working Environment Act provides that
``employees shall not be subjected to harassment or other unseemly
behavior.'' Employers that violate these provisions, including the
harassment clause, are subject to fines or prison sentences of up to 2
years, depending on the seriousness of the offense.
The law protects the rights of women. According to the law, ``women
and men engaged in the same activity shall have equal wages for work of
equal value''; however, according to the equal rights ombudsman's
office, which monitors enforcement of the law, women generally received
10 to 15 percent less pay and benefits than men for work of ``equal
value.''
In July Parliament amended the Gender Equality Act to improve the
position of women in society. The Act applies to all sectors of
society, with the exception of the internal affairs of religious
communities.
Children.--The Government is committed strongly to children's
rights and welfare; it amply funds systems of education and medical
care. The Government provides free education for children through the
postsecondary level. Education is compulsory for 10 years, or through
the ninth grade; most children stay in school at least until the age of
18. There was no difference in the treatment of girls and boys in
education or health care services. An independent Children's Ombudsman
Office, within the Ministry of Children and Families, is responsible
for the protection of children under the law.
Abuse of children was a problem. In 2001 a total of 697 sexual
assaults by nonfamily members and 120 assaults by family members were
reported. In 2001 welfare services assisted 33,312 abused or neglected
children, 6,215 of whom were taken from their homes and placed in
government institutions or in respite homes.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services. The law mandates access to public buildings
for persons with disabilities, and the Government generally enforced
these provisions in practice.
Indigenous Persons.--The Government has taken steps to protect the
cultural rights of the indigenous Sami by providing Sami language
instruction at schools in their areas, radio and television programs
broadcast or subtitled in Sami, and subsidies for newspapers and books
oriented toward the Sami (see Section 3). A Deputy Minister in the
Ministry of Local government and Regional Affairs deals specifically
with Sami issues. The royal family supported the Sami through their
interest in Sami culture and by visiting Sami areas.
National/Racial/Ethnic Minorities.--In 2001 a 15-year-old boy with
an African father was killed in Oslo. Police believed the killing was
racially motivated. Authorities charged three young persons with aiding
and abetting voluntary manslaughter for their role in the killing; all
three were linked to a neo-Nazi organization. In January the 3
defendants were convicted of the killings and sentenced to terms of 16,
15, and 3 years of prison. The court commented that the murder was
clearly racially motivated. The two defendants with the longest
sentences appealed, but in December a superior court lengthened the
sentences to 18 and 17 years, respectively; an appeal to the Supreme
Court was pending at year's end.
In December the Supreme Court acquitted a neo-Nazi charged with
racist remarks made at a demonstration in 2000. The decision reversed a
lower court ruling that the remarks violated the country's anti-racism
law.
In July the Government presented a new Plan of Action to Combat
Racism and Discrimination that includes specific goals in target areas,
such as the police and judicial system, and proposes legislation to
prohibit discrimination in the labor and housing markets.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to associate freely. With membership totaling approximately 60
percent of the workforce, unions played an important role in political
and economic life, and the Government consults them on important
economic and social problems. Although the largest trade union
federation was associated with the Labor Party, all unions and labor
federations were free of party and government control.
The law prohibits antiunion discrimination. The Labor Court deals
with complaints of antiunion discrimination; however, there were no
such complaints during the year.
Unions are free to form federations and to affiliate
internationally; unions maintained strong ties with such international
bodies as the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively.--All workers,
including government employees and military personnel, had and
exercised the right to organize and bargain collectively. Collective
bargaining was widespread, and most wage earners were covered by
negotiated settlements, either directly or through understandings that
extend the contract terms to workers outside the main labor federation
and the employers' bargaining group.
Workers had the right to strike; however, the Government had the
right, with the approval of the Parliament, to invoke compulsory
arbitration under certain circumstances. In 1997 the Supreme Court
ruled that regulations on compulsory arbitration do not violate
international commitments. The case was appealed to the European Court
of Human Rights, which dismissed the application in June.
During the year, there was one significant strike--by hotel and
restaurant workers. The strike, which lasted 33 days, concluded after
personal mediation by union leaders.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports such
practices occurred. The Directorate of Labor Inspections (DLI) is
responsible for compliance with the law.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Children 13 to 18 years of age may be employed part-time
in light work that will not affect adversely their health, development,
or schooling. Minimum age rules were observed in practice and enforced
by the DLI.
e. Acceptable Conditions of Work.--There is no legislated or
specified minimum wage, but wages normally fall within a national scale
negotiated by labor, employers, and the Government at the local and
company level. Wages increased this year approximately 5 to 6 percent.
The average income, not including extensive social benefits, provides a
decent standard of living for a worker and family.
Normal working hours are mandated by law and limited to 37 and a
half hours per week. The law also provides for 25 working days of paid
leave per year (31 days for those over age 60). A 28-hour rest period
is mandated legally on weekends and holidays.
The law provides for safe and physically acceptable working
conditions for all employed persons. Specific standards are set by the
DLI in consultation with nongovernmental experts. According to the law,
environment committees composed of management, workers, and health
personnel must be established in all enterprises with 50 or more
workers, and safety delegates must be elected in all organizations.
Workers have the right to remove themselves from situations that
endanger their health. The DLI effectively monitored compliance with
labor legislation and standards.
f. Trafficking in Persons.--No law specifically criminalizes
trafficking in persons, although existing legislation may be used to
prosecute trafficking cases. There were no prosecutions for such
offenses during the year.
Recognizing that trafficking is a growing problem in the country,
the Government increased focus on the issue throughout the year and
hosted a conference on trafficking in October. During the year, the
Ministry of Justice and the Police Directorate established a national
project to combat organized crime, specifically targeting trafficking.
The Ministry of Children and Family Affairs coordinates an
interministerial working group that is responsible for implementing
trafficking resolutions and recommendations from the U.N. and the
European Council. During the country's 2002 chairmanship of the Nordic
Council of Ministers, the Council began a campaign against trafficking
in women in the Nordic and Baltic States. As a result, the Government
presented mandatory ethical guidelines for government employees that
prohibit the purchase and acceptance of sexual services.
The country was a destination for women trafficked for the purpose
of prostitution, particularly from Russia and the Baltic States. There
were also occasional reports of children from Russia being trafficked
into the country to work in petty theft rings.
Victims of trafficking in the country had the same legal rights as
other foreigners to apply for residency, asylum, welfare, social aid,
and emergency health care. The Ministry of Children and Family Affairs
is responsible for assisting possible victims of trafficking; however,
most asylum requests by victims were denied. The Government increased
awareness of trafficking by raising the issue in a number of speeches
and fora. NGOs conducted outreach programs to provide trafficking
victims with information on their legal rights and available health and
other services.
__________
POLAND
Poland is a multiparty parliamentary democracy in which executive
power is shared by the Prime Minister, the Council of Ministers, and,
to a lesser extent, the President. Alexander Kwasniewski was reelected
President in free and fair elections held in October 2000. The
Parliament is bicameral (Senate and Sejm). Free and fair parliamentary
elections held in September 2001 resulted in a change in government.
The social democratic (post-Communist) Democratic Left Alliance (SLD)
formed a majority coalition government with the Union of Labor (UP) and
the Polish Peasant Party (PSL). The judiciary is independent; however,
it was inefficient.
Internal security forces consist of local police, a national office
of investigation, and city guards, who are uniformed, unarmed officers.
The armed forces were subject to effective civilian control. Since 1996
the civilian Minister of Defense has had clear command and control
authority over the military chief of the general staff as well as
oversight of military intelligence. Civilian control was reinforced
further by a restructuring of the Ministry of Defense and general staff
undertaken as part of the country's entry into NATO in 2000. Security
forces committed a few abuses.
The transition economy has a vibrant private sector (including
small- and medium-sized industries formerly state owned), which
accounted for over two-thirds of gross domestic product. Unreformed
heavy industries and agriculture (which employed more than 25 percent
of the labor force) lagged other sectors in productivity and growth.
The country's population was approximately 39 million.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. There were
reports that police mistreated persons in refugee camps. Prison
conditions remained generally poor. A cumbersome legal process, poor
administration, and an inadequate budget hampered the court system, and
court decisions frequently were not implemented. Lengthy pretrial
detention occurred occasionally. The Government restricted the right to
privacy. There were a few restrictions in law and in practice on
freedom of speech and of the press. Violence against women continued to
be a problem. Women continued to experience serious discrimination in
the labor market and were subject to various legal inequities. Child
prostitution was a problem. There were incidents of desecration of
graves in both Jewish and Catholic cemeteries, and anti-Semitic
sentiments persisted. There were reports of some societal
discrimination and violence against ethnic minorities. Some employers
violated worker rights, particularly in the growing private sector, and
antiunion discrimination persisted. Trafficking in women and children
was a problem. Reform of the country's political and economic structure
led to an invitation in December to join the European Union (EU) in May
2004. Poland was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
In 1999 a police officer convicted and sentenced for the 1998
beating death of 13-year-old Przemek Czaja in the city of Slupsk
appealed a judicial decision that increased his sentence to 8 years.
The officer's appeal was denied in 2001, and he is now serving his
sentence. A civil case in which Czaja's family is demanding $12,500
(50,000 PLN) from the Pomeranian police remained pending at year's end.
A police officer convicted of the 1997 shooting deaths of two
unarmed civilians and the wounding of another in Brodno, a suburb of
Warsaw, was sentenced in 1999 to 7 years in prison but remained free
pending his appeal. In February the Supreme Court upheld the verdict;
however, on April 6, President Kwasniewski pardoned the policeman at
the request of the Prime Minister and the Minister of the Interior.
Several trials--begun in 1999 and 2000--related to extrajudicial
killings during the Communist period continued. In October 2001, a
Katowice court found the riot police accused of killing miners during
martial law under the Communist regime not guilty. The retrial of
former Communist Interior Minister Czeslaw Kiszczak for his role in the
pacification of the Wujek mine in 1981 remained pending. On December 9,
a Warsaw district court acquitted General Wladyslaw Ciaston, one of the
two former Communist Security Services generals accused of having
directed the 1984 torture and killing of Father Jerzy Popieluszko.
On October 16, 2001, the Warsaw District Court convened a new trial
against former Communist leader Jaruzelski and five other defendants
who allegedly ordered police to shoot workers during the 1970 riots in
Gdansk. Witnesses were interviewed in November, and the case remained
pending 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 law prohibits such practices; however, there were
reports that police mistreated persons in refugee camps (see Section
2.d.).
In August three of the seven riot policemen who were on trial for
their participation in the 1997 beating of soccer fans in Gdynia
accepted their sentences. They were fined, sentenced to 2 years of
probation, and prohibited from working as law enforcement officers for
2 years. The trial for the remaining four defendants remained pending
at year's end.
Prison conditions remained generally poor. According to reports by
nongovernmental organizations (NGOs), overcrowding, damp cells, and a
lack of medical treatment were the chief problems. The prison system
urgently needed additional funding, and the Government acted to address
the problem by increasing the prison system's budget by 15 percent. The
funds were used to renovate more than 30 prison facilities and build
additional cells for a total of 336 prisoners in 5 facilities. A new
prison for 600 prisoners was under construction in Piotrkow
Trybunalski, and new divisions were opened for violent and dangerous
prisoners in 6 existing prisons. However, the Ombudsman for Human
Rights continued to complain about the safety of prisoners, noting that
inmates were often the victims of violent attacks by other prisoners.
Civil litigation against the prison administration in the 1996 case of
an 18-year-old mentally retarded boy who was beaten and sodomized by
fellow inmates was appealed to the Supreme Court in April and remained
pending at year's end. Reportedly the ratio of prisoners to
rehabilitation officers was very poor. Women were held in 21 detention
facilities, but only 5 were strictly for women; in the remaining 16
detention facilities, men and women were held separately. Juveniles
under the age of 24 were held separately from adults, and pretrial
detainees were held separately from convicted prisoners.
The Government permitted visits by independent human rights
organizations. During the year, the Human Rights Ombudsmen monitored 20
detention facilities, and the Helsinki Foundation visited 10
facilities; some of the visits were announced, and some were
unannounced prior to the visit.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. Courts rather than prosecutors issue
arrest warrants. The law allows a 48-hour detention period before
authorities are required to bring a defendant before a court and an
additional 24 hours for the court to decide whether to issue a pretrial
detention order. During this period, access to a lawyer normally is
limited. Once a prosecutor presents the legal basis for a formal
investigation, the law provides for access to counsel. Bail was
available, and most detainees were released on bail pending trial.
Detainees may be held in pretrial detention for up to 3 months and
may challenge the legality of an arrest through appeal to the district
court. A court may extend this pretrial confinement period every 3
months for up to 18 months until the trial date. The total time of
temporary arrest until the first sentence rendered by the court of
lower instance may not be more than 2 years. However, under certain
circumstances, the 2-year period may be extended further by the Supreme
Court.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for the
right to a fair trial, and an independent judiciary and the Government
generally enforced this right; however, the judiciary remained
inefficient and lacked resources and public confidence.
There is a four-tiered court and prosecutorial structure. The
courts consist of regional, provincial, and appellate divisions, as
well as a Supreme Court. These tiers are subdivided further into five
parts: Military, civil, criminal, labor, and family. Regional courts
are courts of first instance, while appellate courts are charged solely
with appeals. Provincial courts have a dual responsibility, handling
appeals from regional courts while enjoying original jurisdiction for
the most serious types of offenses. Appellate courts handle appeals
tried at the provincial level, and the Supreme Court only handles
appeals about questions of law. The prosecutorial system mirrors the
court structure with national, provincial, appellate, and regional
offices. Criminal cases are tried in regional and provincial courts by
a panel consisting of a professional judge and two lay assessors. The
seriousness of the offense determines which is the court of first
instance.
Judges are nominated by the national judicial council and appointed
by the President. They are appointed for life, guaranteed complete
immunity from prosecution, and can be reassigned but not dismissed,
except by a court decision. The Constitutional Tribunal rules on the
constitutionality of legislation. Constitutional Tribunal decisions are
final and binding.
The Government continued to restructure the court system in order
to streamline and accelerate the legal process; however, the court
system remained cumbersome, poorly administered, inadequately staffed,
and underfunded. There were numerous inefficiencies--most notably, many
districts had more criminal judges than prosecutors. These factors
contributed to a lack of public confidence. Many effective judges and
prosecutors left public service for the more lucrative private sector.
Court decisions frequently were not implemented. Bailiffs normally
ensured the execution of civil verdicts such as damage payments and
evictions; however, according to some observers, they were underpaid,
subject to intimidation and bribery, and had a mixed record of
implementing court decisions. Civil and administrative rulings against
public institutions such as hospitals often could not be enforced due
to a lack of funds. At the beginning of the year, there were 2 million
cases pending from years prior to 2001. Simple civil cases can take as
long as 2 to 3 years before resolution, and the pretrial waiting time
in criminal cases can be several months. The backlog and the costs of
legal action appeared to deter many citizens from using the justice
system, particularly in civil matters such as divorce. The long wait
for routine court decisions in commercial matters was an incentive for
bribery and corruption.
The law requires that disciplinary procedures be taken against
those judges accused of violating judicial independence by issuing
unjust verdicts between 1944 and 1989 at the request of the Communist
authorities. The deadline to file cases was December 31. Such cases may
be initiated by the Minister of Justice, the presidents of the
appellate or regional courts, the National Judiciary Council, or by
individuals who felt wronged by court verdicts. According to the
National Judiciary Council, a total of 19 cases were filed against
judges, all prior to 2002.
All defendants are presumed innocent until proven guilty. At the
end of a trial, the court renders its decision orally and then has 7
days to prepare a written decision. A defendant has the right to appeal
within 14 days of the written decision. Appeals may be made on the
basis of new evidence or procedural irregularities.
Once formal charges are filed, the defendant is allowed to study
the charges and consult with an attorney, who is provided at public
expense if necessary. Once the defendant is prepared, a trial date is
set. Defendants are required to be present during the trial and may
present evidence and confront witnesses in their own defense. However,
prosecutors have the authority to grant witnesses anonymity at trial if
they express fear of retribution from the defendant. This law, designed
to help combat organized crime, impairs defendants' right to confront
their accusers. Trials are usually public; however, the courts reserve
the right to close a trial to the public in some circumstances, such as
divorce cases, trials in which state secrets may be disclosed, or cases
whose content might offend ``public morality'' (see Section 1.f.). The
courts rarely invoked this prerogative. A two-level appeal process is
available in most civil and criminal matters.
The law allows a defendant and a representative, in addition to the
prosecutor, to be present for a provincial appellate court's
examination of a verdict.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government did not always respect these prohibitions in practice. The
Constitution provides for the general right to privacy; however, there
is no legislation that provides for this right.
The law forbids arbitrary forced entry into homes, and search
warrants issued by a prosecutor are required to enter private
residences. In emergency cases, when a prosecutor is not immediately
available, police may enter a residence with the approval of the local
police commander. In the most urgent cases, in which there is no time
to consult with the police commander, police may enter a private
residence after showing their official identification. There were no
reports that police abused search warrant procedures.
A 1998 law prohibits the collection of information about a person's
ethnic origin, religious convictions, health condition, political
views, or membership in religious, political, or trade union
organizations. The law allows for certain exceptions, specifically, the
gathering of information without a person's permission by courts,
hospitals, or organizations if the information pertains to their
members. All exceptions are subject to some restrictions. Despite being
illegal, a few restrictive practices such as a requirement to fill out
``creed'' or ``nationality'' items in some questionnaires continued.
For example, some nongovernmental entities persisted in asking for such
information; although violators are subject to prosecution, there were
no known cases during the year.
The Government maintained, without judicial review or oversight, a
large number of wiretaps. The law permits police and intelligence
services to monitor private correspondence and to use wiretaps and
electronic monitoring devices in cases involving serious crimes,
narcotics, money laundering, or illegal firearm sales. Under the
Criminal Code, the Minister of Justice and the Minister of Interior,
both political appointees, must authorize these investigative methods.
In emergency cases, the police may initiate an investigation that
utilizes wiretaps or the opening of private correspondence at the same
time that they seek permission from the ministers. There were no
credible estimates on the number of such wiretapping devices installed
at the request of the police.
Parliamentarians and human rights groups expressed concern about
the lack of control over wiretap surveillance. There was no independent
judicial review of surveillance activities, nor was there any control
over how the information derived from investigations was used. A
growing number of agencies had access to wiretap information, and the
Police Code allows electronic surveillance to be used for the
prevention of crime as well as for investigative purposes. As is the
case under the Criminal Code, police must obtain permission from the
Ministers of Justice and Interior before initiating wiretap procedures.
The law on ``lustration'' or vetting, designed to expose government
officials who collaborated with the Communist-era secret police, bans
from office for 10 years those persons caught lying about their past.
The law requires officials to provide sworn affidavits concerning their
possible cooperation with the secret police; the public interest
spokesman (lustration prosecutor) then verifies the affidavits and
brings suspected cases of misrepresentation before the lustration
court, a special three-judge panel whose decisions may be appealed. In
February legislation was enacted exempting persons who cooperated with
intelligence and counterintelligence agencies from lustration. In June
the Constitutional Tribunal found this legislation to be
unconstitutional for reasons relating to parliamentary procedure rather
than substance. In October a new law was enacted--this time in
accordance with the Tribunal's procedural ruling--containing the same
provisions as the earlier legislation. In 2000 several high-profile
cases came before the court, including that of a Deputy Defense
Minister who was judged to have lied in his affidavit; in November the
Supreme Court returned the case to the appellate court, and the
appellate court upheld its earlier ruling. Many of these cases were
closed to the public because they involved classified documents (see
Section 1.e.). Critics continued to voice concern that the procedure of
vetting politicians may be unfair, in view of the likelihood that
secret police records were subject to loss or tampering. In 2000
Parliament agreed on a chairman for the Institute of National
Remembrance, a body mandated by the lustration law to organize all
Communist-era secret police files and give citizens access to their
files.
Men are not permitted to marry without parental permission until
the age of 21, whereas women may marry at the age of 18 (see Section
5).
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 are a few restrictions in law
and practice. The Criminal Code states that an individual who
``publicly insults or humiliates a constitutional institution of the
Republic of Poland'' is subject to a fine or imprisonment of up to 2
years, while an individual who insults a public functionary is subject
to a fine or imprisonment of up to 1 year.
The daily newspaper Zycie's appeal of a Warsaw district court
ruling that ordered it to apologize to President Aleksander Kwasniewski
for publishing untrue information remained pending at year's end;
however, in December Zycie went bankrupt and ceased publication,
leaving unclear the effect on its legal appeal. Individual citizens and
businesses may also use the Criminal Code provision to protect their
good name.'' The 1999 case of Andrzej Lepper, who was accused of
insulting Prime Minister Jerzy Buzek and state officials, was dismissed
in January. There was no progress during the year in the investigation
into the case of Mikolaj Siwicki for attempting to publish a hate-
mongering book that allegedly could damage the nation's interests, and
further action appeared unlikely.
The Criminal Code stipulates that offending religious sentiment
through public speech is punishable by a fine or a 3-year prison term.
The law allows for the prosecution of citizens who publish or
otherwise betray state secrets. Human rights groups have criticized
this law, arguing that it restricts freedom of speech.
The Criminal Code regulates the protection of journalistic sources.
The code grants news sources protection, except in cases involving
national security, murder, and terrorist acts. Pursuant to the law,
statutory provisions are applied retroactively if their terms are
beneficial to the accused. Journalists who refused to divulge sources
prior to the new code's enactment also can avoid sanctions by invoking
``journalistic privilege.''
There is no restriction on the establishment of private newspapers
or distribution of journals, and there were numerous private newspapers
and magazines representing a wide variety of viewpoints.
The National Radio and Television Broadcasting Council (KRRiTV) has
broad powers in monitoring and regulating programming on radio and
television, allocating broadcasting frequencies and licenses, and
apportioning subscription revenues to public media. To encourage the
KRRiTV's apolitical character, the nine KRRiTV members are obliged
legally to suspend any membership in political parties or public
associations. However, they were chosen for their political allegiances
and nominated by the Sejm, the Senate, and the President following
political bargaining, thus raising questions about the independence of
broadcasting oversight from political influence.
The Government owns the most widely viewed television channel and
17 regional stations. Center-right politicians, watchdog institutions,
and commentators accused public television of being influenced by
politicians from the ruling SLD and PSL parties. Members of these
parties have majority seats in supervisory and management boards in
public television and radio.
Although public television remains a major source of news and
information, private broadcast television, satellite, and private cable
services (domestic and foreign) are available across most of the
country. Private television broadcasters operate on frequencies
selected by the Ministry of Communications and auctioned by the KRRiTV.
Polish Television (TVP) and its two channels remained the most widely
viewed television in the country (with joint market shares of over 50
percent), but it has faced strong competition from the two private
networks, TVN and Polsat. The new broadcasting company, Catholic TV,
which presented a conservative point of view, had a viewership below 1
percent. Cable television and various satellite services, as well as
global frequencies, carried the main public and private television
channels, as well as local and regional stations and a variety of
foreign offerings to viewers throughout the country.
The Government owned 5 national radio networks. Private radio
flourished on the local, regional, and national levels alongside public
radio. During the year, the KRRiTV renewed virtually all radio
licenses. The three most popular nationwide radio stations were public
Polish Radio Channel 1 and the private commercial stations Radio ZET
and RMF FM. Companies with shares in nationwide dailies expanded
networks with local radio stations. In a cost cutting move, small local
radio stations set up several networks for facilitating advertising and
programming matters.
The Broadcasting Law stipulates that programs should not promote
activities that are illegal or against state policy, morality, or the
common good. The law, whose constitutionality has been confirmed by the
Constitutional Tribunal, requires that all broadcasts ``respect the
religious feelings of the audiences and in particular respect the
Christian system of values.'' This provision has never been used as a
means of censorship, although in theory it could be so used.
The Broadcasting Law on radio and television also requires public
television to provide direct media access to the main state
institutions, including the presidency, ``to make presentations or
explanations of public policy.'' The President and the Prime Minister
complained occasionally of the other's abuse of the access privilege.
Both public and private radio and television stations provided coverage
of all ranges of political opinion.
Books expressing a wide range of political and social viewpoints
were widely available, as were periodicals and other publications from
abroad.
The Internet was available widely and was not regulated or
restricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
Permits are not necessary for public meetings but are required for
public demonstrations; demonstration organizers must obtain these
permits from local authorities if the demonstration might block a
public road. For large demonstrations, organizers also are required to
inform the local police of the time and place of their activities and
their planned route. Every gathering must have a chairperson who is
required to open the demonstration, preside over it, and close it.
Permits for public gatherings were issued on a routine basis. In March
a regional court in Slubice sentenced rightist politician Andzej Lepper
to 1 year of prison (suspended) and 4 years of probation for organizing
an illegal blockade of the Polish-German border crossing in Swiecko in
1999.
Private associations need government approval to organize and must
register with their district court. The procedure essentially requires
the organization to sign a declaration that commits it to abide by the
law; however, in practice the procedure is complicated and may be
subject to the discretion of the judge in charge.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There are 15 religious groups in the country whose relationship
with the State is governed by specific legislation and 141 other
religious communities. The legislation outlines the internal structure
of the religious groups, their activities, and procedures for property
restitution.
Although the Constitution provides for the separation of church and
state, crucifixes hang in both the upper and lower houses of
Parliament, as well as in many government offices. State-run radio
broadcasts Catholic mass on Sundays, and the Catholic Church is
authorized to relicense radio and television stations to operate on
frequencies assigned to the Church, the only body outside the National
Radio and Television Council allowed to do so.
Religious communities may register with the Government; however,
they are not required to do so and may function freely without
registration. Registration requires that the group submit the names of
100 members as well as information regarding the group itself. This
information on membership must be confirmed by a notary public,
although the registration itself often appears to be a formality. There
were no new churches registered during the year. All churches and
recognized religious groups share the same privileges, such as duty-
free importation of office equipment and reduced taxes.
In April the Government closed a department it had established in
2001 within the Ministry of Interior to monitor the activities of ``new
religious groups and cults.''
Public concern persisted regarding the growth of groups perceived
to be ``sects'' and the influence of nonmainstream religious groups.
The Criminal Code stipulates that offending religious sentiment
through public speech is punishable by a fine or a 3-year prison term
(see Section 2.a.).
Progress continued in implementing the laws that permit local
religious communities to submit claims for property owned prior to
World War II that subsequently was nationalized. The laws governing
restitution of communal property allow for the return of churches and
synagogues, cemeteries, and community headquarters, as well as
buildings that were used for other religious, educational, or
charitable activities.
Although the Constitution gives parents the right to bring up their
children in accordance with their own religious and philosophical
beliefs, religious education classes continued to be taught in the
public schools at public expense. While children are supposed to have
the choice between religious instruction and ethics, the Ombudsman's
office states that in most schools, ethics courses were not offered due
to financial constraints. Catholic Church representatives were employed
to teach religious classes in the schools. Such classes constituted the
vast majority of all religious education classes offered, since the
population of the country was approximately 95 percent Catholic.
However, parents can request religious classes in any of the religions
legally registered, including the Protestant, Orthodox, and Jewish
religions. Such non-Catholic religious instruction existed in practice,
although it was not common; the Ministry of Education pays the
instructors. Priests and other instructors received salaries from the
state budget for teaching religion in public schools, and Catholic
Church representatives were included on a commission that determines
whether books qualify for school use.
Relations between the various religious communities were generally
amicable; however, sporadic incidents of harassment and violence
against Jews and occasional desecration of Jewish, and more often,
Catholic cemeteries continued, mostly generated by skinheads and other
marginal elements of society.
On September 1, 70 tombstones in Czeladz were knocked down or
desecrated with anti-Semitic and Nazi slogans; a police investigation
remained pending at year's end. Between September 8 and 10, 70
tombstones were knocked down in a Jewish cemetery in Wroclaw.
Approximately 400 citizens volunteered in a subsequent campaign to make
repairs.
While anti-Semitic feelings persisted among certain sectors of the
population, surveys in the past several years showed a continuing
decline in anti-Semitic sentiment, and avowedly anti-Semitic candidates
have won few elections. However, some far-right Members of Parliament
made anti-Semitic remarks in a parliamentary debate over the activities
of the National Remembrance Institute (IPN).
In April during the 14th March of the Living from Auschwitz to
Birkenau to honor victims of the Holocaust, several hundred citizens
joined 1,500 marchers from Israel and other countries.
Legal proceedings against 2 persons who were arrested in connection
with the attack on the Buddhist Center of Krakow in 2000 remained
pending at year's end, and no action appeared likely.
In 2001, on Polish Independence Day, approximately 400 Polish ultra
nationalists who chanted anti-Semitic and anti-EU slogans marched
through the heavily industrialized city of Katowice. The march
culminated in a rally at which demonstrators burned the Israeli and EU
flags. Local authorities initiated an official investigation to
determine whether identifiable demonstrators should be charged with
violating laws that prohibit displays of Fascist symbols and public
insults to persons on the basis of national, ethnic or racial identity.
The investigation remained pending at year's end.
In 2001 President Kwasniewski presided over a ceremony
commemorating the 1941 killing of several hundred Jews in the town of
Jedwabne. The President acknowledged Polish participation and
apologized in the name of the country and unveiled a new memorial that
replaced a plaque stating that Germans alone were responsible. The
National Memory Institute continued its investigation of the Jedwabne
massacre.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--Although the Constitution does not
address freedom of movement, the Government generally respected these
rights in practice. The Government does not restrict internal or
foreign travel; under the law, citizens cannot be refused the right to
return to the country; and there are no restrictions on emigration.
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. Persons recognized as refugees under
the Convention are granted permission to remain in the country
permanently. The Government cooperated with the U.N. High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in assisting
refugees. The Government received 5,158 petitions for refugee status
(compared with 4,506 in 2001), and 258 of the petitions were approved.
The 1997 Aliens Act, as amended in 2001, gave all prospective
refugees access to a procedure for adjudicating refugee status and
established an independent board to which prospective refugees can
appeal negative status decisions by the Ministry of Internal Affairs.
The amended Act created the Bureau of Repatriation and Aliens (BRA),
which began operating in 2001. This office controls the various refugee
centers and agencies and has some political control over the border
guards. The Border Guard Academy includes significant training on the
handling of potential refugees.
The amended Aliens Act created an expedited system of refugee
processing; however, the Government's implementation of the amendments
has been slow and continued at year's end. Under the Act, aliens should
receive an answer to their petition within 2 days. If denied they may
appeal to the BRA's refugee board, which is required to respond within
5 days. If their claims are found to be ``manifestly unfounded,'' they
are denied and no further appeal is available to them. However, refugee
rights groups reported that processing time continued to range from 4
months to 2 years. The Aliens Act calls for a decision granting or
denying asylum to be rendered within 6 months from the date of the
initiation of the procedure; however, in practice decisions can take up
to 2 years from the time of the application. Refugee rights groups
complained about applicants living in legal limbo, unable to work
legally, while awaiting decisions on their cases.
The law does not recognize the concept of first asylum or any other
form of temporary protection. However, the Aliens Act as amended during
the year includes the category of humanitarian assistance as a reason
for resettling aliens. Previously the Government only had categories
for asylum seekers and for refugees. The new category was created for
those who do not qualify as refugees but who cannot be returned to
their countries of origin; however, the law's practical implications
were untested.
In 2000 the UNHCR expressed concern over the fate of unaccompanied
children seeking asylum in the country. It urged that procedures and
practices concerning the appointment and maintenance of supervisors and
guardians for unaccompanied minors be improved. During the year, the
situation improved for unaccompanied minors. In November there were 19
unaccompanied minors, all of whom were housed at the Debak Refugee
Center, where there is a small library, play area, and some educational
facilities. The minors were able to attend local schools while awaiting
a decision on their asylum application. The continued influx of Chechen
refugees during the year kept the refugee centers crowded, and ethnic
and cultural conflicts occasionally occurred as a result.
Many of the problems that the Government faces in dealing with
aliens present in the country centered around funding. The Government
received significant EU support for upgrading its refugee processing
system, which includes money for such things as fingerprinting
equipment and running the refugee centers. However, the Government had
very little money to send aliens who had been denied status back to
their country of origin. Most denied applicants simply received a
letter informing them that their petition has been denied and that they
should leave the country. The Government did not have funds to help
assimilate those persons who receive permission to reside permanently
in the country. Refugees may receive the same subsidies given to
citizens living below the poverty line, but no additional money was
available to them. The approved petitioners received funds from various
NGOs, which covered only basic living needs, and no services such as
language training, medical care, or other social benefits.
The country was a destination for refugees, rather than simply a
transit point. The UNHCR reported that significantly fewer persons were
abandoning their refugee applications and that fewer persons were
leaving the country after receiving status.
There were no reports of the forced return of persons to a country
where they feared persecution; however, the UNHCR reported isolated
incidents of border guards turning away potential refugees. In
particular there were reports that Chechen and Afghan asylum applicants
encountered difficulties with admission to the country when arriving
from Ukraine and Belarus to submit asylum applications in Poland.
However, in October 2001, the BRA stated that they no longer would use
the internal flight alternative as a reason to deny Chechen asylum
applications. The BRA estimated that approximately 4.5 to 5 percent of
all asylum seekers received refugee status, while 10 to 15 percent of
all Chechen asylum applicants were granted refugee status.
There were reports of the harassment of refugee camp inhabitants by
local persons, and there were some reports of mistreatment by police.
Several Chechen and Afghan asylum seekers alleged harassment ranging
from verbal abuse to forcible removal from one location (usually
refugee camps or shelters) to another. There were no formal
investigations during the year. Some complaints related to the transfer
of asylum seekers from the cities to the countryside. Government
officials stated that any relocation was to improve conditions, not
harassment.
The UNHCR and the Helsinki Foundation have been working with
government officials, police, and hospital personnel to sensitize them
to the plight of refugees and train them in better ways of handling
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. All citizens 18 years of age and older have the
right to vote and to cast secret ballots, and voting is voluntary.
Multiple candidates from various political parties participated in the
elections and had access to the media.
The country is a multiparty democracy. Executive power is divided
between the President and a government chosen by the Sejm, or lower
house of Parliament. There is also an upper house (the Senate). The
Constitution provides for parliamentary elections at least once every 4
years. The President, elected for 5 years, has the right, in certain
very limited cases and after seeking the opinion of the Speakers of the
Sejm and the Senate, to shorten the Sejm's term of office. Whenever the
Sejm's term of office is shortened, the Senate's term automatically is
shortened as well. Parliament may impeach the President.
There were no restrictions on the participation of women in
politics or government. There were 93 women among 460 members of the
Sejm and 22 women among the 100 members of the Senate. There was one
woman in the 16-member Cabinet (Minister of Education).
There were two members of the German minority party in the
Parliament (see Section 5). The electoral law exempts ethnic minority
parties from the requirement to win 5 percent of the vote nationwide to
qualify for seats in individual districts.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Helsinki Foundation, a major NGO, conducted human rights
investigations without government interference. Members of the
foundation reported that the Government displayed a generally positive
and helpful attitude towards human rights investigations.
The Office of the Commissioner for Civil Rights Protection (the
Ombudsman) is the Government's watchdog for human rights. The
Ombudsman's office was an effective, independent body with broad
authority to investigate alleged violations of civil rights and
liberties. The Ombudsman registered each reported case and filed
grievances, where appropriate, with the relevant government office. The
Ombudsman has no legislative authority, no powers of enforcement, and
is sworn to act apolitically. The Government cooperated with the
Ombudsman.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution states that ``no one shall be discriminated
against in political, social, or economic life for any reason
whatsoever,'' and the Government attempted to ensure that these
provisions are observed; however, violence and societal discrimination
against women and ethnic minorities persisted.
Women.--Violence against women continued to be a problem. While no
comprehensive surveys document the problem adequately, the Women's
Rights Center estimated that 23 percent of women have been victims of
domestic violence, and the NGO La Strada reported that 18 percent of
married women admitted to being victims of physical abuse by their
husbands. Police statistics indicated that approximately 67,000 women
were victims of domestic violence in 2001. Women's organizations
asserted that the number of women suffering from domestic abuse is
probably much higher because battered women usually refused to admit
abuse even to themselves. Violence against women remained hidden,
particularly in small towns and villages. Government and police
statistics do not differentiate between male and female victims of
violence. Physical abuse is illegal and spousal rape is treated in the
same manner as other types of rape. Police intervened in cases of
domestic violence. The police, in cooperation with the State Agency for
Solving Alcoholic Problems, continued to maintain the ``blue card,'' a
record-keeping system designed to document incidents of spousal abuse.
Law enforcement personnel continued to use the Blue Card Program,
although with limited effect due to inadequate funding. Sentences for
abuse of family members range from 3 months to 5 years, or from 2 to 10
years if the victim attempts suicide as a result of the abuse. Most
convictions (83 percent) resulted in suspended sentences. A police
spokesman stated that there were 24,200 cases of family abuse reported
in 2001, of which 213 involved particularly severe abuse. According to
NGOs, the courts often treated domestic violence as a minor crime,
pronounced lenient verdicts, or dismissed cases.
In 2001 there were 2,339 rape cases reported. However, NGOs
reported that women often were unwilling to report the crime and
estimated that the actual number of rapes was 10 times higher than that
reported.
According to the Women's Rights Center Report, there was
significant progress in raising public awareness of the problem of
violence against women. NGOs indicated that this was one factor in the
Government's increasingly receptive position on women's issues. Other
reasons included legislation required for Poland's accession to the EU
and the creation of the vice-ministerial position of Plenipotentiary
for the Equal Rights of Women and Men. In addition, NGOs operated 15
centers to assist victims, provide preventive treatment as well as
resocialization counseling to perpetrators, and train personnel working
with victims of domestic violence. The Office of Victims' Rights
Spokesman at the Ministry of Internal Affairs and Administration has
responsibility to ensure that victims of violence are treated with
respect by law enforcement and the judicial system. The office provides
legal and psychological assistance for victims and their families.
The law has no provision for restraining orders to protect battered
women against further abuse. For example, in divorce cases, courts
frequently granted a divorce but did not issue a property settlement,
forcing women to return to their abusive husbands. This problem was
exacerbated by a lack of alternative housing in the country. Women's
advocacy groups also complained about the small number of state-
supported shelters for battered women.
Paying for sexual activity is illegal, as is pimping; however,
selling sex is not illegal. Due to a crackdown on prostitutes who work
along major thoroughfares and at truck stops, much of the prostitution
industry moved to brothels, massage parlors, or agencies offering
escort services. Since 1997 the total estimated numbers of prostitutes
has declined by 45 percent; however, police believed that this apparent
decline may have resulted from much greater numbers of women working in
brothels, or so-called agencies, who were not captured by the
statistics. Police estimated that there were 7,000 prostitutes in the
country of whom 3,000 worked in one of the 700 agencies in operation
and 3,400 worked in hotels, pubs, discos, and on the streets. The
remaining 600 prostitutes worked on major thoroughfares and at truck
stops.
Trafficking in women for the purpose of sexual exploitation was a
problem (see Sections 6.c. and 6.f.).
While there are no laws specifically addressing sexual harassment,
social awareness of the problem continued to increase, and there are
mechanisms to deal with the problem. For example, the Criminal Code
states that whoever takes advantage of a position of power in a
relationship to gain sexual gratification may be sentenced to up to 3
years in prison. According to a Supreme Court advisory opinion, such a
relationship can occur between employers and employees, between
supervisors and subordinates, or between teachers and students;
however, this provision can be invoked only when alleged sexual
harassment occurs between a supervisor and an individual in a
subordinate position. Abuse of power cannot be claimed when harassment
occurs between persons of equal rank. In May a former director of a
hospital emergency ward charged in 2000 of sexually harassing 6 nurses
was sentenced to 16 months in prison (suspended) and 4 years probation.
The Constitution provides for equal rights regardless of gender and
grants women equal rights with men in all areas of family, political,
social, and economic life, including equal compensation for work of
similar value. However, in practice women frequently were paid less for
equivalent work, mainly held lower level positions, were discharged
more quickly, and were less likely to be promoted than men. The 2001
government statistical bulletin indicated that men had a higher
employment rate (52.5 percent) than women (39 percent) and that women
had a higher unemployment rate. In August the unemployment rate was
17.4 percent, and 52.7 percent of those unemployed were women. Despite
having a generally higher level of education, women earned on average
30 percent less than men. In January the labor code was amended to
prohibit discrimination in hiring, with the burden of proof put on the
employer to prove that discrimination was not used. Although women had
access to a number of previously forbidden careers, they still were
prohibited from working underground or in jobs that require heavy
lifting. Apart from the Constitution, there is no other legal provision
for equal rights for women.
Nevertheless women were employed in a wide variety of professions
and occupations, and a number of women occupied high positions in
government and in the private sector. Both men and women had the right
to take time off to care for a sick child. The pension law requires
mandatory earlier retirement for women at age 60 (age 65 for men), and
as a result women got approximately 60 percent of the average pension
that men received. However, in 2000 the Constitutional Tribunal ruled
that the law setting retirement age at 60 for women and 65 for men was
discriminatory, as it reduced women's chances for promotion and better
pensions. Based on this ruling, women can appeal to the labor court if
employers insist that they retire at 60.
The Ombudsman for Human Rights monitors the rights of women within
the broader context of human rights. Observers noted that the broad
scope of the office's mandate diluted its ability to function as an
effective advocate of women's issues. There are several women's rights
NGOs; among the most notable are the Polish Foundation for Women and
Family Planning and the Women's Rights Center. These groups were active
advocates of gender equality and advanced their goals through research,
monitoring, and publishing. There are several church-sponsored women's
advocacy organizations, but their cooperation with other women's NGOs
was limited.
Children.--The Constitution extends some state protection to the
family and children, and there is a Sejm-appointed Ombudsman for
Children's Rights.
The Ombudsman--mandated to protect children from violence, cruelty,
neglect, and other mistreatment--is the official point of contact for
complaints about violations of human rights of children and submits
requests to the appropriate law-enforcement or other authorities for
action. The Ombudsman submits an annual report to the Sejm on the
condition of children's rights and is empowered to suggest legislation
to improve the human rights situation of children.
Education is universal and mandatory until age 18, and public
schools are free. The Government sponsored some health programs
targeted specifically at children, including a vaccination program and
periodic checkups conducted in the schools; however, budget shortfalls
prevented complete implementation of these programs. Although child
abuse occurred, there was no societal pattern of such abuse. The law
prohibits violence against children. A provision of the Criminal Code
provides that those who physically or psychologically abuse a juvenile
may receive a prison sentence of 3 months to 5 years. If the victim
attempts suicide the sentence is increased, as it is if the perpetrator
is found to have acted with extreme cruelty. However, abuse rarely was
reported, and convictions for child abuse also were rare. There were no
procedures in schools to protect children from abuse by teachers, and
the teachers' work code provides legal immunity from prosecution for
the use of corporal punishment in classrooms.
The law prohibits child prostitution; however, child prostitution
was a problem. The Penal Code states that anyone who, with the purpose
of obtaining a material benefit, incites a minor to prostitution or
facilitates such prostitution is subject to a sentence from 1 to 10
year's imprisonment.
Trafficking in children was a problem (see Section 6.f.).
Men and women reach majority at the age of 18 under the Civil Code;
however, a woman can reach majority at the age of 16 if she has entered
into marriage with the consent of her parents and the guardianship
court. In addition, men are not permitted to marry without parental
consent until the age of 21, whereas women may do so at the age of 18
(see Section 1.f.).
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services. There were approximately 5.5 million persons
with disabilities in the country by year's end. In 2001 the Central
Bureau of Statistics reported that approximately 17 percent of persons
with disabilities able to work were unemployed, roughly equivalent to
the national unemployment rate. Advocacy groups claimed that the
percentage was much higher. The law allows individuals from certain
disability groups to take up gainful employment without the risk of
losing their disability benefits. Approximately 46 percent of the
persons with disabilities had no more than an elementary school
education, compared with 32 percent of those without disabilities, and
only 4 percent had a university education, compared with 9 percent of
persons without disabilities.
The law creates a state fund for the rehabilitation of persons with
disabilities that derives its assets from a tax on employers of over 50
persons (unless 6 percent of the employer's work force are persons with
disabilities). In 2001 the fund had approximately $375 million (1.5
billion PLN) at its disposal, but its management encountered
difficulties, including frequent changes in leadership. During the
year, the fund disbursed 55 percent of its budget to local governments,
while the remaining funds were allocated to special, national programs
administered by the fund. In addition, the law prohibits the fund's use
to assist children under 16 years of age with disabilities.
There were reports of some societal discrimination against persons
with disabilities.
The law mandates access to buildings for persons with disabilities;
however, public buildings and transportation generally are not
accessible to persons with disabilities. Implementation falls short of
rights set forth in the legislation since the law provides only that
buildings ``should be accessible.''
National/Racial/Ethnic Minorities.--The law provides for the
educational rights of ethnic minorities, including the right to be
taught in their own language. There were an estimated 50,000
Lithuanians in the country, and the issue of Lithuanian minority rights
including language instruction, was addressed routinely during
governmental talks. There were 10 Lithuanian-language textbooks in use
during the year at different education levels. The Ministry of
Education fully financed their publication and used Lithuanian minority
representation in the development of the texts.
According to its leaders, the Romani community, numbering around
30,000, faced disproportionately high unemployment and was hit harder
by economic changes and restructuring than were ethnic Poles. Societal
discrimination against Roma, who have been considered a national
minority since 1998, was commonplace, and some local officials
discriminated against Roma in the provision of social services. Romani
leaders complained of widespread discrimination in employment, housing,
banking, the justice system, the media, and education. The Government
cooperated with local governments to develop and finance programs to
assist the poorest Roma. Some local governments became more active in
dealing with the problems of local Romani communities. In 2001 the
Government began a pilot project to help the Romani community in the
Province of Malopolska. The goals of the program are to increase the
number of Roma completing high school, help fight unemployment, and
improve health care and safety for Roma. Project funds--which increased
fivefold during the year to $650,000 (2.6 million PLN)--were spent for
books, training liaison staff with the Romani community, and for
improving the educational and residential infrastructure in Romani
communities.
There were occasional incidents of skinheads clashing with Roma and
racially motivated violence directed at Roma. In August 2001, a group
of teenagers vandalized automobiles and other Romani vehicles at a
resort camp where a Romani family was vacationing; police arrested
three suspects, and the case remained pending at year's end.
In March several thousand students, journalists, and politicians
repeated their efforts of 2001 in removing vulgar and racist slogans--
directed against various ethnic and racial minorities--from walls in
the city of Lodz.
The small Ukrainian and Belarussian minorities occasionally
experienced petty harassment and discrimination. Individuals of
African, Asian, or Arab descent also reported isolated incidents of
verbal, physical and other types of abuse. For example, in July two
Polish men in Krakow shouted racial slurs at one foreigner of African
descent and one African-American foreigner and assaulted them. The
legal proceedings in the case were ongoing at year's end.
The German minority in Opole Province makes up one-third of the 1
million inhabitants of this area that was part of Germany prior to
World War II, and 2 members of the German minority party are members of
Parliament (see Section 3). Some members of the community continued to
complain of inadequate use of German in the province's schools.
Section 6. Worker Rights
a. The Right of Association.--The law provides that all workers,
including civilian employees of the Armed Forces, police, and frontier
guards have the right to establish and join trade unions of their own
choosing, and workers exercised these rights. The law sets minimum size
requirements for establishing a trade union: 10 persons may form a
local union, and 30 may establish a national union. Unions, including
interbranch national unions and national interbranch federations, must
be registered with the courts. A court decision refusing registration
may be appealed to an appeals court. The existing law does not give
trade unions the freedom to exercise their right to organize all
workers. For example, workers on individual contracts cannot form or
join a trade union. In state-owned enterprises, such as the health
sector, water, and forestry, there were cases in which workers had
their normal employment contract terminated and replaced by an
individual contract that took away rights they formerly enjoyed as
permanent employees.
The number of officially registered national-level unions remained
at approximately 360. No precise data existed on work force
unionization, although according to press reports, 14 percent of the
total workforce were members of trade unions.
As a rule, newly established small- and medium-sized firms were
nonunion, while union activity in most cases carried over into
privatized (former state-owned) enterprises. The Independent Self-
governing Trade Union (NSZZ) Solidarity had a verified regular
membership of nearly 1 million. Solidarity continued successful efforts
to open local chapters in supermarkets, particularly in Wroclaw,
Poznan, and Warsaw. Small spin-offs from mainstream Solidarity include
the rival factions Solidarity '80 (250,000 members), August '80, and
the Christian Trade Union Solidarity (Popieluszko). There were no
reliable estimates of membership in the latter two unions.
The other principal national unions are those affiliated with the
All-Poland Trade Union Alliance (OPZZ), the formerly Communist-aligned
confederation established in 1984 as the sole legal alternative to the
then-outlawed NSZZ Solidarity, and its teachers' affiliate, the Polish
Union of Teachers (ZNP). The OPZZ reported that its membership was
approximately 1.3 million of whom 870,000 were employed. However, this
figure was unverified, and independent surveys suggested that its
regular dues-paying membership was considerably less than Solidarity's.
A survey found that Solidarity represented approximately 7.6 percent of
all Polish workers, while the OPZZ represented only 3.6 percent (one
estimate put OPZZ membership at approximately 700,000 to 800,000
workers). A 1999 State Labor Inspectorate study reported that of
approximately 27,000 local union organizations, Solidarity had 13,000
organizations, the OPZZ had 11,000 organizations, and Solidarity '80
had 320 organizations. Numerous smaller unions also existed.
During the year, trade unions took a lower profile in politics. In
the September 2001 elections, significantly fewer union leaders were
elected to Parliament than in the 1997 parliamentary elections. Under
the 1997 Constitution, trade unions themselves may no longer conduct
political campaigns, although their members may run as political party
candidates.
The law prohibits antiunion discrimination; however, labor leaders
reported that employers discriminated against workers who attempted to
organize or join unions, particularly in the growing private sector.
The law also did not prevent employer harassment of union members for
labor activity; there were unconfirmed reports that some employers
sanctioned employees who tried to set up unions. The ICFTU alleged that
the sanctions provided in the law against acts of antiunion
discrimination were not sufficiently dissuasive.
Unions have the right by law to join labor federations and
confederations and to affiliate with international labor organizations.
Independent labor leaders reported that these rights were observed in
practice. Solidarity is a full member of the International
Confederation of Free Trade Unions (ICFTU), the World Confederation of
Labor, and the European Trade Union Confederation.
b. The Right to Organize and Bargain Collectively.--The law
provides for and protects enterprise-level collective bargaining over
wages and working conditions. The Tripartite Commission (unions,
employers, and the Government), chaired by Labor Minister Jerzy
Hausner, is the main forum that determines national-level wage and
benefit increases in such politically sensitive areas as the so-called
budget sector (health, education, and public employees), while
rendering opinions on pension indexation, energy pricing, and other
important aspects of social policy. The Commission served as an
important forum in which the social partners aired differences,
discussed grievances, and often negotiated agreements before problems
erupted into social conflict.
The law on collective bargaining does not require union membership
figures to be verified or based on dues-paying members for unions to be
considered ``representative'' negotiating partners for management and
government. Solidarity protested some unions' (largely OPZZ affiliates)
participation in negotiations with the Government on the grounds that
their membership figures remained unproved.
Many disputes arose because of the weakness of the employer side of
the union/employer/Government triangle. Key state sector employers
(largely in heavy industry and the budget sector) remained unable to
negotiate independently with organized labor without the extensive
involvement of government ministries to which they are subordinate,
although the Government repeatedly stated that it did not intend to be
drawn into labor disputes. This weakness complicated and politicized
the Government's labor relations system.
The law provides for parties to take disputes first to labor
courts, then to the prosecutor general, and, in the last resort, to the
Supreme Court. In a typical year, Solidarity takes several thousand
cases to labor courts, several hundred to the Prosecutor General, and
dozens to the Supreme Court for resolution. In an overwhelming majority
of these cases, the courts ordered employers to correct practices or
reinstate dismissed workers, or ordered unions to reimburse employers
for activity found to be illegal. However, penalties are minimal and
are not an effective deterrent.
Unions have the right to strike except in ``essential services--
uniformed services, state administration, and local government--where
they only have the right to protest; however, labor leaders complained
that the 1991 Act on Collective Dispute Resolution prescribes an overly
lengthy process before a strike may be called. Employers considered the
law too lenient, since a vote of only one-quarter of the workforce can
call a strike. As a result, a majority of strikes were technically
``illegal'' because one or both of the sides did not follow each step
exactly as required by law. Labor courts acted slowly on deciding the
legality of strikes, while sanctions against unions for calling illegal
strikes, or against employers for provoking them, were minimal.
Arbitration is not obligatory and depends on the agreement of disputing
parties. Unions alleged that laws prohibiting retribution against
strikers are not enforced consistently and that fines imposed as
punishment were so minimal that they were ineffective sanctions to
illegal activity. Workers who strike in accordance with the law retain
their right to social insurance but not to pay. However, if a court
rules a strike illegal, workers may lose social benefits, and
organizers are liable for damages and may face civil charges and fines.
The social partners (unions, employers, and the Government) continued
to work out ambiguities in dispute resolution mechanisms provided for
in the Labor Code.
There were 23 strikes during the year. In February workers went on
strike at the Gdynia Shipyard over proposed layoffs and the management
cutting out sausage from soup previously provided for yard workers. In
May there was a strike at the Szczecin Shipyard; workers occupied the
yard and demanded back pay. Later protests led to the announcement of a
government revival package for the yard, but workers at the yard
remained restless. In June workers began occupying the Ozarow Cable
Factory near Warsaw to protest plans by a new owner to close the plant.
On the night of November 25-26, hundreds of riot police and private
security guards removed protestors by force to allow the factory owner
to remove equipment. Several days of street clashes ensued, and calm
was restored only after the owner stopped removing equipment.
Protesters claimed that the police used excessive force and that the
private security guards attacked the picketers while on public
property. In December the Labor Minister suggested that a special
economic zone be set up in the Ozarow area to attract investors and
create jobs. He also proposed extending small loans to former factory
workers.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports such
practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law contains strict legal prescriptions about the
conditions under which children may work. The Labor Code forbids the
employment of persons under the age of 15. Those between the ages of 15
and 18 may be employed only if they have completed primary school and
if the proposed employment constitutes vocational training and is not
harmful to their health. The age requirement rises to 18 years if a
particular job might pose a health danger.
The State Labor Inspectorate (PIP) reported that increasing numbers
of minors work, and that many employers violate labor rules in
employing them (by underpaying workers, paying them late). Inspectors
found violations on stud farms, in restaurants, and, in some instances,
in small private sector businesses and factories. Sanctions for the
illegal employment of children range from warning letters to orders to
cease the work of underage employees. These orders can be enforced
through the police to demand the transfer of underage employees or shut
down all or part of the offending workplace, or, working through the
Ministry of Labor, to impose fines ranging from $5 to $125 (20 to 500
PLN) per offense. Cases may also be referred to an administrative
tribunal, which can levy fines of up to $1,250 (5,000 PLN). Jail
sentences may be imposed if the infractions are serious enough; such
cases generally involve serious injury or death. In 2001 the PIP
conducted 1,325 investigations involving some 12,000 possible underage
employees. Fines were levied in 417 of these cases, amounting to
approximately $33,000 (133,000 PLN).
On May 15, the Government signed the International Labor
Organization Convention 182 on the Worst Forms of Child Labor.
e. Acceptable Conditions of Work.--The Ministry of Labor, the
unions, and employers' organizations negotiate a revised national
minimum wage every 3 months. The national minimum monthly wage remained
unchanged at approximately $190 (760 PLN); it does not provide a decent
standard of living for a worker and family. A large percentage of
construction workers and seasonal agricultural laborers from the former
Soviet Union earned less than the minimum wage. The large size of the
informal economy and the small number of state labor inspectors made
enforcement of the minimum wage very difficult. With unemployment high,
workers often agreed to inferior working conditions and lower pay to
find or keep their jobs.
The standard legal workweek is 42 hours, which allows 6- or 7-hour
days, including at least one 24-hour rest period. The law requires
overtime payment for hours in excess of the standard workweek.
The Labor Code defines minimum conditions for the protection of
workers' health and safety. Provisions are strict and extensive;
however, enforcement is a major problem because the PIP is unable to
monitor the state sector sufficiently, or the private sector, where a
growing percentage of accidents take place. In the 85,275 work-related
accidents reported during 2001, 548 individuals were killed and 1,155
seriously injured. During the first 6 months of the year, 232 workers
were killed and 460 were seriously injured. The Government's Central
Statistical Office reported that while most accidents were in the
public sector, most serious accidents occurred in the private sector,
where proportionally more deaths also occurred. Solidarity contended
that the problem lies not in the law, which establishes safe standards,
but in enforcement, because employer sanctions for illegal behavior are
minimal. Standards for exposure to chemicals, dust, and noise were
exceeded routinely. In addition, there was a lack of clarity concerning
which government or legislative body had responsibility for enforcing
the law. The PIP may shut down workplaces in which it finds unsafe
conditions. In 2001--the last year for which figures were available--
there were nine shutdowns in workplaces. Workers may remove themselves
from dangerous working conditions without losing their jobs, but there
were reports that fears of such loss prompted some to stay on the job.
The National Unemployment Office estimated that as many as 100,000
to 150,000 foreigners were working illegally in the country. Other
estimates ranged from 250,000 to 1.5 million persons, the majority
working in jobs and for wages that were deemed unacceptable to
citizens. Most of the illegal residents came from the countries of the
former Soviet Union, Sri Lanka, and Afghanistan, although an
increasingly larger number were coming from Southeast Asia,
particularly Vietnam. The country's relatively high wages compared to
those prevailing in the source countries and its status as an EU
candidate country mainly were responsible for this phenomenon.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, the country was a source, transit point, and
destination for trafficked persons, primarily women and girls and to a
lesser extent boys. Since statistics on prostitution did not
distinguish victims of trafficking from those willfully engaged in
prostitution, escort services, pornography, and other aspects of the
sex trade, the scope of the trafficking problem was difficult to
define. The international NGO La Strada estimated that 60 percent of
foreign women who worked as prostitutes in the country were victims of
trafficking.
Several provisions in the Criminal Code specifically address the
problem of trafficking. The law prohibits trafficking in human beings
and pimping and imposes sentences of up to 10 years on those convicted.
It also bans recruiting or luring persons into prostitution; penalties
for this offense are also up to 10 years. The most severe sentences are
reserved for individuals trafficking in children and those luring women
into prostitution abroad.
The scope of trafficking in the country was likely to be much
larger than the numbers reflected in prosecutions and arrests for
specific violations of the criminal code. In 2001 the Government
prosecuted 34 cases of trafficking involving 42 victims and 345 cases
of luring persons into prostitution.
Polish women and children were trafficked to western European
countries such as Germany, Italy, and the Czech Republic for sexual
exploitation (see Section 5).
Women and girls were trafficked to and through Poland from
countries such as Ukraine, Bulgaria, Romania, Belarus, and Russia.
Ukraine was the largest single source of foreign women trafficked in
Poland. Women from Bulgaria tended to be from the Turkish and Romani
minorities. Of the estimated 7,000 prostitutes in the country, 2,100
(30 percent) were estimated to be of foreign origin. Women and girls
who were trafficked into Poland were recruited from areas with low
socioeconomic conditions, sometimes quite openly. Those women and girls
from the lowest socioeconomic status were most vulnerable to
trafficking and subjected to the worst conditions. For example, Roma
and ethnically Turkish Bulgarians tended to be employed as prostitutes
on highways. They may spend a few months in Poland before they are
trafficked further west. In contrast women from other countries of
Eastern Europe also were trafficked into agencies run as brothels.
Educated Polish and Russian women were more likely than others to be
employed voluntarily by escort services.
Victims were trafficked through such means as fake employment
offers, arranged marriages, fraud, and coercive measures. Some may
believe that they were accepting employment as waitresses, maids, or
nannies abroad. While they were en route to what they believed to be
their destinations, their passports and identity papers were taken from
them. Stripped of their personal identity, the women and girls were
kept under the control of the traffickers through fear and
intimidation. They were required to serve a minimum number of clients
each day to earn their keep. They were threatened with violence, and
those who resisted were raped or beaten. If they tried to flee, their
legs may be broken. There are also reports of victims being killed by
their traffickers.
In the last few years, trafficking has become increasingly
organized and has been associated with a rampant growth in document
fraud. As many as 90 percent of the women and girls trafficked in the
country had false travel documents, and the trafficking of a single
woman usually involved a network of criminals. One criminal will
recruit the woman; a second will provide false travel documents and
traffic her across the border; and a third will supervise her work with
clients, functioning as a pimp. In one example offered by police, a
Bulgarian woman was detained several different times by police, each
time with a new identity and passport. La Strada and police also
reported large-scale auctions of women held in Warsaw and other cities.
Prices paid for women and girls who were trafficked reportedly started
at $1,500 (6,000 PLN). Victims usually were trafficked by nationals
from the same source country; for example, Bulgarian women were
trafficked by Bulgarians and Ukrainians by Ukrainians. Foreign
traffickers systematically paid a percentage of their receipts to
Polish traffickers operating out of the same region.
Children were victims of trafficking, although it was difficult to
estimate to what extent (see Section 5). Legal authorities dealt with
child traffickers more severely, in part because laws on statutory rape
were easier to prosecute. As a result, the activity has been driven
completely underground. Child prostitution is a crime, while
prostitution of adults is neither banned nor regulated by law, making
it more difficult for the police to pursue. The authorities did not
always recognize trafficking in children since minors can be trafficked
on false documents identifying them as adults. Of the 589 cases in 2001
initiated by prosecutors, 43 involved victims who were minors. In 2001
at a hotel outside of Warsaw, police raided an auction where women and
children were being sold to a human trafficking ring for use in
brothels and pornography production.
Since the border guards and police may regard trafficking victims
as criminals who have violated passport laws, victims were afraid to
turn to officials for help. Victims have no legal status, and there
were no public resources available to assist them. Victims usually were
deported as soon as possible to avoid any expenses connected with
keeping them in detention. Victims were not informed about their legal
status or rights. Many were unaware and were not told that under Polish
law prostitution is not a crime. When detained by the police, they may
be deported to the border where they were met by traffickers who
quickly provided them with new travel documents and returned them to
the country. There was no provision to allow victims to remain in the
country long enough to pursue legal action against their traffickers.
Numerous NGOs were involved in anti-trafficking initiatives and
victim services. Often these NGOs and educational institutions worked
closely with local authorities to identify victims of trafficking and
to develop training programs for local government providers. La
Strada--the only NGO dealing exclusively with trafficking--cooperated
with shelters such as Caritas and other Catholic organizations. These
organizations provided a range of services, including victims'
assistance hot lines, safe accommodation, therapy and psychological
support. In addition, they assisted by providing victims with contacts
who can help with legal problems and reintegration into society.
La Strada also provided training on prevention and victim support
to professionals such as police, boarder guards, prosecutors, judges,
social workers, teachers, and journalists. Its ``Guardian Angel''
program, developed in conjunction with the Helsinki Foundation, was
aimed at training social workers to help victims with legal issues, so
they could be advocates for the victims before the courts, police, and
prosecutors. La Strada conducted various types of training, including
awareness training for police, training of Helsinki Foundation
personnel on trafficking issues and trafficking seminars to university
students. In November La Strada worked with the Government to
coordinate an inter-ministerial roundtable to develop a national plan
to combat trafficking in persons.
----------
PORTUGAL
The Portuguese Republic is a constitutional democracy with a
President, a Prime Minister, and a Parliament freely elected by secret
ballot in multiparty elections. The judiciary was independent.
Internal security is primarily the responsibility of the Ministries
of Justice and Internal Administration. The Republican National Guard
(GNR) has jurisdiction outside cities, and the Public Security Police
(PSP) has jurisdiction in cities. The Aliens and Borders Service (SEF)
has jurisdiction on immigration and border issues. The civilian
authorities maintain effective control of the security forces; however,
members of the security forces committed human rights abuses. The
Inspectorate General of Internal Administration (IGAI), under the
Ministry of Internal Administration, handles disciplinary proceedings
against members of the GNR, PSP and SEF involved in violent incidents.
IGAI handled 74 cases during the year.
The country has a market-based economy with a population of
approximately 10.2 million. The service sector was the leading source
of employment, while employment in agriculture and industry continued
to be static or declined. Manufacturing provided approximately 30
percent of total economic output. The principal exports were textiles,
machinery, cork, paper products, and vehicles.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police killed
five persons, all Portuguese citizens, during the year. Credible
reports continued that security personnel occasionally beat and
otherwise abused detainees and prisoners. Prison conditions remained
poor. Lengthy delays in holding trials led to hunger strikes by some
pretrial detainees. Violence against women was a problem, and the
Government took steps to address it. Discrimination and violence
against minorities and immigrants also were problems. The Government
took active steps to address the problem of child labor. Trafficking in
foreign laborers and women also was a problem. Portugal was invited by
the Community of Democracies' (CD) Convening Group to attend the
November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, police shot and killed five
persons during the year.
During an October operation, GNR agents shot and killed Paulo da
Silva in Loures. IGAI and criminal proceedings began, and were pending
at year's end.
In October Lisbon PSP officers shot and killed Osvaldo Vaz while
attempting to serve an arrest warrant. The Public Prosecutor in Loures
began a criminal investigation and IGAI began a disciplinary
investigation, both ongoing at year's end.
In August a PSP officer from the city of Porto shot and killed 27-
year-old Nuno Lucas. The suspect allegedly was trying to flee arrest in
a van when he was shot. The PSP claimed that the shooting was
accidental; however, Lucas' accomplice alleged that it was intentional.
The Justice Ministry's Department of Investigation and Penal Action
(DIAP) in Porto and IGAI opened investigations into the case. At year's
end, the IGAI process was in the final disciplinary phase and the DIAP
investigation was ongoing.
In June a PSP police officer shot and killed Antonio Tavares
Pereira during an argument between local residents and PSP officers in
Setubal. The police reportedly also shot and injured two youths during
the incident. The Government began an investigation into the police
shooting. At year's end, both IGAI and the Public Prosecutor were
deliberating on the case.
In March PSP officers in Lisbon shot Cesario Marques who resisted
arrest. Marques later died in the hospital. The IGAI concluded its
investigation and decided the PSP officers acted legitimately in self-
defense.
According to the Directorate General of Prison Services (DGSP), in
August Marco Filipe Marques dos Santos, a 27-year-old convicted
murderer, committed suicide by hanging himself with a bed sheet in a
Lisbon prison. However, his parents alleged that prison guards beat him
to death, and were awaiting an autopsy report at year's end.
Investigations into the July 2001 killing by a GNR officer of Artur
Mendes Pereira in the Algarve region were closed. The IGAI took
disciplinary action against the GNR agent, but criminal proceedings did
not lead to a conviction.
In September an appeals court in Porto ruled that there was
insufficient evidence to determine whether the internal abdominal
bleeding that caused the 2000 death of Roma, Alvaro Rosa Cardosa,
resulted from a fight before the arrest or the alleged mistreatment by
two PSP officers afterwards. The case was dismissed.
The IGAI completed its investigation into the January 2000 death of
Paulo Silva, who died of internal bleeding which may have been caused
by PSP mistreatment during an arrest in Porto, but at year's end, was
waiting for the conclusion of the criminal proceedings before taking
disciplinary action.
An appeal by three PSP officers, who were convicted in 1998 on
criminal charges related to the death in custody in 1996 of Carlos
Araujo, failed. The officer responsible was disciplined by IGAI and
sentenced by a criminal court.
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 infrequent but credible reports that police and prison guards beat
and otherwise abused detainees, particularly non-Europeans.
In September the DIAP in Lisbon and IGAI began investigations into
the alleged aggression of three PSP officers against Aizhong Lin and
his wife Qiaolian Zhou, a Chinese merchant couple. According to Lin, he
and his pregnant wife were taken to the Mouraria police station in
August after he refused to sign a notification of a fine. At the
station, he alleged that police officers beat and kicked him while he
was handcuffed. Forty witnesses, who viewed the incident through a
broken glass door in the police station, signed a testimonial
corroborating Lin's story. The police alleged that it was Lin who
initiated the aggression toward the officers. Investigations were
ongoing at year's end.
In August PSP officers in Faro allegedly beat Artur da Conceicao in
Faro. Criminal and IGAI proceedings began, and were ongoing at year's
end.
During a July incident in front of a Lisbon nightclub, a PSP
officer struck Pedro Miranda with a baton, resulting in loss of sight
in one eye. Criminal and IGAI proceedings were ongoing at year's end.
According to Amnesty International, and documented by television
news footage, a celebration of Brazil's June victory in the 2002 World
Cup in the vicinity of the O Eletrico bar on the Costa da Caparica
involved clashes between PSP riot police and fans, many of whom were
either of Brazilian nationality or descent. Six Brazilians and at least
one police officer were injured in the incident. The Government
investigated the incident, and IGAI concluded that the PSP officers
acted appropriately given the danger of the situation, and that they
used force only as a last resort.
The criminal trial in a military tribunal in Coimbra of GNR agents
implicated in the mistreatment of detainees in 1999 concluded. They
were found not guilty and were not subject to any disciplinary action.
The Government investigates reports of police mistreatment.
According to its 2001 activity report, the IGAI opened investigations
into 307 complaints against agents of the Ministry of Internal
Administration, and determined that 36 cases were of particular
importance and relevance. Of these 36, three were related to
allegations involving the deaths of citizens. An independent ombudsman
is chosen by the Parliament and the IGAI to investigate complaints of
mistreatment by the police; however, nongovernmental organizations
(NGOs) have been critical of the slow pace of police investigations in
general and internal investigations by the police in particular. A 1999
law provides detailed guidelines covering all aspects of arrest and
custody. According to an NGO, the law has led to some improvements but
has not completely eliminated abuses. During the year, police officers
receive extensive professional training and the Government regulates
their actions through mechanisms established by law.
Credible information from independent reports and NGOs indicated
that prison conditions remained poor. The Director General of the DGSP
resigned in November. In an April report to the Justice Ministry, he
complained of a lack of finances and prison guards, the degradation and
lack of facilities and equipment, and dangers (including from organized
crime) to both prisoners and prison guards. The Justice Ministry
subsequently added 345 guards and promised 255 more.
The DGSP Director General's April report also mentioned worsening
health conditions including infectious diseases, mental health, oral
health, and drug abuse. According to his report, 25 percent of
prisoners had viral hepatitis and about 11 percent were HIV-positive.
Prison overcrowding remained a serious problem, with a reported rate of
overcrowding of 21.8 percent (out of a population of 13,963 prisoners)
in October. Some NGOs and the media also strongly denounced prison
health conditions, citing even higher infectious disease rates and poor
medical treatment for prisoners.
There were continued reports regarding the mistreatment of
prisoners by prison guards. According to a press report, the Justice
Ministry received approximately 200 complaints from prisoners in 2001,
20 of which concerned prisoner mistreatment by prison guards. According
to government officials, violence among inmates was a more common
problem.
Men and women were housed separately. While there is a youth prison
in Leiria, juveniles were at times held with adults. Pretrial detainees
were held with convicted criminals.
The ombudsman investigated complaints of mistreatment by the police
and prison authorities. The IGAI also conducted internal investigations
in cases of alleged mistreatment in prisons.
The Government permitted visits by independent human rights
observers, such as the Council of Europe's Committee for the prevention
of Torture.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Under the law, an investigating judge determines whether an
arrested person should be detained, released on bail, or released
outright. A person may not be held for more than 48 hours without
appearing before an investigating judge. Investigative detention is
limited to a maximum of 6 months for each suspected crime. If a formal
charge is not filed within that period, the detainee must be released.
In cases of serious crimes such as murder or armed robbery, or of more
than one suspect, investigative detention may last for up to 2 years
and may be extended by a judge to 3 years in extraordinary
circumstances. A suspect in investigative detention must be brought to
trial within 18 months of being charged formally. If a suspect is not
in detention, there is no specified period for going to trial. A
detainee has access to lawyers, and the State assumes the cost if
necessary.
During the year, prisoners went on hunger strikes to protest, among
other things, prolonged periods of preventive detention. The average
number of prisoners returned to custody by court order (``remand'') is
high. Statistics showed that 4,029 individuals (28.7 percent) of the
prison population were in preventive detention. Preventive detainees
remained in prison under this status for an average of 26 months.
Judges argued that preventive detention was justified by the high
incidence (40 percent) of repeat offenders. The Government began
implementing the use of an electronic monitoring device as an
alternative to preventive detention. There were 50 preventive detainees
participating in the program at year's end. One difficulty in expanding
the program was that detainees must have a fixed residence with a
telephone connection and electricity. Many preventive detainees were
drug addicts who lacked these requirements.
In February the European Court of Human Rights (ECHR) ruled in the
Magalhaes Pereira v. Portugal case that the Government violated Article
5-4 of the Convention. Joaquim Magalhaes Pereira challenged his
continued confinement in a psychiatric hospital on the basis that it
was unlawful, that the Government took too long to determine the
lawfulness of the continued confinement, and that the Government failed
to provide him legal assistance in challenging his confinement. The
Court determined that the Government unlawfully confined Pereira and
failed to provide him adequate legal representation. The Court awarded
Pereira $5,300 (6,000 euros) for non-pecuniary damages and $2,845
(3,221 euros) for legal costs.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The court system, laid out in the Constitution, consists of a
Constitutional Court, a Supreme Court of Justice, and judicial courts
of first and second instance. There is also a Supreme Court of
Administration, which handles administrative and tax disputes, and
which is supported by lower administrative courts. An audit court is in
the Ministry of Finance.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforces this right. All trials are
public except those that may offend the dignity of the victim, such as
in cases of sexual abuse of children. The accused is presumed innocent.
In trials for serious crimes, a panel of three judges presides. For
lesser crimes, a single judge presides. At the request of the accused,
a jury may be used in trials for major crimes; in practice, requests
for jury trials are extremely rare.
Critics pointed to a large backlog of pending trials resulting from
the inefficient functioning of the courts. A 2001 law aims to reduce
the case backlog by increasing the number of judges. The bill also has
provisions to reduce the time it takes a lawyer to become a judge.
Another 2001 law provides that witnesses may testify in cases heard in
distant jurisdictions via teleconference. The Ministry of Justice also
has implemented a plan to speed up the serving of subpoenas. Many
factors contributed to the backlog, including the underutilization of
technology (case folders were still sewn closed by a large number of
``needlemen/women''), the confusing and drawn out method of serving
subpoenas, and the reluctance of the justice system to accept change.
In January and March, the ECHR ordered the Ministry of Justice to
pay a fine to three plaintiffs in three separate civil cases. These
cases involved violations of Article 6-1 of the Convention. The first
case concerned compensation for a breach of contract claim that lasted
14 years and 2 months. The second case was not resolved after 11 years
and 1 month. In six other civil cases brought before the ECHR, the
Court concluded that the resolution of the cases lasted beyond a
reasonable amount of time, and awarded non-pecuniary damages. Many
similar examples of judicial delay and backlog were reported in the
press.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions 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 generally
respected 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.--The law provides
for the freedoms of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Roman Catholic Church is the dominant religion. Although the
overwhelming majority of citizens are Roman Catholic, other religions,
including Islam, Judaism, and Eastern Orthodox, practiced freely.
A 2001 Religious Freedom Act created a legislative framework for
religions established in the country for at least 30 years, or
recognized internationally for at least 60 years. The Act provides
qualifying religions with benefits previously reserved for the Catholic
Church: full tax-exempt status, legal recognition for marriage and
other rites, chaplain visits to prisons and hospitals, and respect for
traditional holidays. The Act specifies that rules must be established
within 60 days after passage; however, the Government had not created
rules enabling this legislation by year's end.
The Church of Scientology, although recognized as a religious
association since 1986, did not benefit from the Religious Freedom Act,
since it had not been established in the country for 30 years or
recognized internationally for 60 years, as required under the law. The
Church's leaders claimed that they suffered no discrimination or
opposition in the country. However, they were concerned that exclusion
from the benefits accorded under the Act might have a negative impact
on their ability to practice their faith.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and laws provide for
these rights, and the Government generally respected them in practice.
The law provides for the granting of refugee and asylum status in
accordance with the provisions of 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 and other humanitarian
organizations in assisting refugees. Persons who qualify as refugees
were entitled to residence permits. The Government rarely ruled that an
asylum seeker had a ``valid'' claim and did not grant first asylum
during the year. Immigration authorities attempted to distinguish among
political, humanitarian, and temporary refugees, but the Government
continued to maintain that the majority of asylum seekers were economic
refugees using the country as a gateway to the other EU 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 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 on the basis of universal
suffrage. The country is a multiparty parliamentary democracy.
There were 49 women in the 230-member Parliament. The second
ranking member of the cabinet, the Minister of State and Finance, was a
woman, as was the Justice Minister. Five women held state-secretary
positions, which are one rank below cabinet ministers. Some political
parties had adopted internal quotas for women.
Race was rarely an issue in politics; persons of minority origin
had achieved political prominence.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative to their views; however, most groups complained of
slow investigations or remedial actions.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution forbids discrimination based on ancestry, sex,
language, origin, political or ideological convictions, education,
economic situation, or social condition; however, some discrimination
against women and ethnic minorities persisted.
Women.--Domestic and other violence against women reportedly was a
common but partially hidden problem for which few sought legal
recourse. In 2001 the Portuguese Association for Victim Support (APAV),
a non-profit charitable organization that provides confidential and
free services to crime victims nationwide, received 7,593 calls on its
toll-free hotline in which 8,429 acts of domestic violence were
reported. Ninety-five percent of the victims in these cases were women.
Of the reported acts, 1,176 were committed against mentally handicapped
victims, 88 percent of them women. Although cases of domestic violence
occurred throughout the country, more than half of the cases came from
the large urban centers of Lisbon and Porto. The Commission for
Equality and Women's Rights runs 14 safe houses for domestic violence
in the country (4 new ones were opened during the year) and also has a
24-hours-a-day, 7 days-a-week phone service. This phone service
received 2,264 calls in 2000 and 2,032 in 2001 (2,009 female and 27
male victims).
The law provides for criminal penalties in cases of violence by a
spouse, and the judicial system prosecutes suspects accused of abusing
women; however, traditional societal attitudes still discouraged many
battered women from recourse to the judicial system. A 2000 law defines
domestic violence as a public crime, which obliges the police to follow
through on reports of domestic violence. The change gave police and the
courts more leverage to prosecute such cases and removed from the
victim some of the burden of bringing charges. The Penal Code grants
any interested party the ability to file charges in domestic violence
cases. Portugal ratified the UN Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) in 1990, and the Optional
Protocol entered into force in July.
Parliament continued to address the problem of domestic violence
through legislative initiatives. Under the law, perpetrators of
domestic violence may be barred from contact with their victims, and in
extreme cases, the police may order the immediate expulsion of a
perpetrator from the victim's dwelling. The law also calls for the
development of new programs to teach anger management to perpetrators
and to assist victims with the professional development necessary to
live independent lives. The law establishes a national support network
and a system of compensation for victims of domestic violence. Another
law provided for the expansion of the system of shelters for victims.
The Government also strengthened educational campaigns for the public
and specialized training for the police.
Prostitution was commonplace and neither prostitutes nor clients
are punishable in the country. Under Portuguese law--which is based on
the 1982 Penal Code and the International Convention for the
Suppression of the Traffic in Persons and the Exploitation of
Prostitution--only pimping, brothels, and the registration of
prostitutes are illegal. Trafficking in women for the purpose of
prostitution continued to be a problem (see Section 6.f.). Prostitution
was linked closely to other types of organized crime, especially
international narcotics trafficking. The Nest, an NGO, operated
economic and social recovery programs for prostitutes.
Sexual harassment, a problem that continued to gain public
attention, is covered in the Penal Code and defined as a sex crime if
perpetrated by a superior in the workplace. The penalties are 2 to 3
years' imprisonment. As in the case of domestic violence, socially
ingrained attitudes discouraged many women from taking advantage of the
legal protection available. The Commission on Equality in the Workplace
and in Employment, made up of representatives of the Government,
employers' organizations, and labor unions, is empowered to examine,
but not adjudicate, complaints of sexual harassment; however, it
received few such complaints.
The Civil Code provides for full legal equality for women. Women
increasingly were represented in business, science, academia, and the
professions. A gap nevertheless remained between male and female
salaries: according to the latest figures available (1998), women
earned an average of 77 percent of men's earnings. Women made up a
slight majority of university graduates. The Commission on Equality in
the Workplace and in Employment reviewed numerous complaints of
discrimination by employers against pregnant workers and new mothers,
who were protected by law. The law provides for 120 days of maternity
leave with full pay and benefits. After return to work, a new mother
(or father) may take time off every day to nurse or feed an infant. If
pregnant or nursing women or new fathers are fired, they may take their
complaint to the Government Equality Commission (CITE), which addresses
equal opportunity complaints. If CITE finds that the employee's legal
rights were violated, the employer must reinstate the worker and pay
double back pay and benefits for the time at work missed due to the
wrongful firing.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded systems of public education and
medical care. The Government provides 9 years of compulsory, free, and
universal education for children through the age of 15, most of whom
attend school. The Institute of Solidarity and Social Security, located
within the Ministry of Labor and Solidarity, oversees implementation of
the Government's programs for children. The Institute initiated a
program to coordinate assistance for children of immigrant families and
a program to support early childhood, which included the provision of
better childcare facilities. The Government provides preschool
education for children from 4 years upon entry into primary school.
Each year the number of students enrolled in preschool has increased.
The Institute also improved the quantity and quality of temporary
shelters for children aged 3 months to 3 years.
The Ministries of Labor and Solidarity, Justice, and Health
sponsored a program in the maternity wards of hospitals to register
newborns and enroll them in the social security and health programs.
The Government provides free or low cost health care for all children
up to the age of 15.
There was no societal pattern of abuse of children. APAV and the
telephone hotline ``SOS Crianca'' reported 272 cases of domestic
violence against children in 2001, 47 of which were against infants
under the age of four. The law defines pedophilia to include consumers
of child pornography as well as producers. Following guidelines
approved by the EU, the Government has amended its legal code
concerning pedophilia. Courts may request jurisdiction of cases
involving Portuguese resident nationals who commit pedophilia abroad,
regardless of the victim's nationality or whether the act committed is
considered a crime in that country. At the end of the year, the
Government made arrests and began a thorough investigation of a high-
profile pedophilia operation that had been active since the 1960s at a
boarding school in Lisbon named ``Casa Pia.''
The country served as a transit point for children trafficked from
Africa to other Western European countries (see Section 6.f.).
The Government ratified the UN Convention on the Rights of the
Child in 1990 and signed the Optional Protocols on the involvement of
children in armed conflict and on the sale of children, child
prostitution, and child pornography in 2000. The National Commission
for the Protection of Children and Youth at Risk, a governmental
organization, is charged with implementing the principles of the
convention. The Commission operated under the aegis of the High
Commissioner for the Promotion of Equality and of the Family and
includes representatives from the Ministries of Justice, Health,
Education, and Labor, as well as from leading NGOs. It organized public
awareness programs and promoted legislation that protects children's
rights. Along with the Institute for Social Development, the Commission
distributed to students copies of the articles included in the
Convention of the Rights of Children. The two organizations also
produced two books geared toward educating children about their rights.
The quasi-independent Institute for the Support of Children organized a
network of 48 NGOs dedicated to helping at-risk youth. It served as an
information clearinghouse for NGOs working on children's issues,
provided telephone and in-person counseling, intervention, and
prevention services in cases of child abuse and neglect, and operated
services assisting street children. The University of Minho's Institute
for the Study of Children is a research center dedicated solely to the
study of children's issues.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or the provision of
other state services. The law mandates access to public buildings for
such persons, and the Government enforced these provisions in practice;
however, no such legislation covers private businesses or other
facilities.
National/Racial/Ethnic Minorities.--The principal minority groups
were immigrants, legal and illegal, from Portugal's former African
colonies, Brazil and Eastern Europe. During the year, the number of
immigrants from Eastern Europe and Brazil increased greatly, while
immigration from Africa decreased. News articles had reported that
Eastern Europeans were more easily assimilated than Africans, who still
faced some discrimination. The country also had a resident Roma
population of approximately 50,000 persons, who had been the subject of
some discrimination and violence.
The law permits victims and antiracism associations to participate
in race-related criminal trials by lodging criminal complaints,
retaining their own lawyers, and calling witnesses. In 1999 antiracism
laws reiterated antidiscrimination sections of the Constitution and the
Penal Code. The laws prohibit and penalize racial discrimination in
housing, business, and health services. The laws also provided for the
creation of a Commission for Equality and Against Racial Discrimination
to work alongside the High Commissioner for Immigration and Ethnic
Minorities. At year's end, the Commission still had not made
significant improvements.
The growing number of undocumented workers who entered the country
illegally was a problem; however, the Government took steps to address
the problem. The law provides a framework for undocumented aliens to
obtain legal status and access to social and health benefits. The
country legalized 130,000 foreigners in 2001, bringing the total number
of legal immigrants authorized to work to about 350,000 (an increase
from 2 to 3.5 percent of the population). The largest numbers came from
Cape Verde, Brazil, Ukraine, Moldova, Romania, and Russia.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to establish unions by profession or industry. Workers in both
the private and public sectors had the right to associate and to
establish committees in the workplace to defend their interests, and
they exercised these rights freely.
Two principal labor federations existed: the Workers' General Union
(UGT) and the General Confederation of Portuguese Workers (CGTP). No
restrictions limited the formation of additional labor federations.
Unions functioned without hindrance by the Government and were
associated closely with political parties. Trade union associations had
the right to participate in the preparation of labor legislation.
There were no restrictions on the ability of unions to join
federations or of federations to affiliate with international labor
bodies.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for collective bargaining, and it was practiced
extensively in the public and private sectors. Collective bargaining
disputes usually were resolved through negotiation. When collective
bargaining fails, the Government may appoint a mediator at the request
of either management or labor.
Strikes are permitted by the Constitution for any reason, including
political causes; they were common and generally were resolved through
direct negotiations. However, should a long strike occur in an
essential sector such as health, energy, or transportation, the
Government may order the strikers back to work for a specific period.
The Government rarely has invoked this power, in part because most
strikes last only 1 to 3 days. The law requires a ``minimum level of
service'' to be provided during strikes in essential sectors, but this
requirement was applied infrequently. When it was applied, minimum
levels of service were established by agreement between the Government
and the striking unions. Unions have complained, including to the
International Labor Organization (ILO), that the minimum levels have
been set too high.
In response to the Government's proposal to revamp the country's
rigid labor code, unions organized a public sector strike in November
and then a general strike in December. Both strikes affected important
public services; however, the police did not interfere and no incidents
of violence were reported.
Police officers and members of the armed forces may not legally
strike. However, in June 2001, police went on strike and demonstrated
before Parliament as part of their demand to form a union. Parliament
passed a law in December 2001 granting police the right to form unions
but upholding the prohibition of strikes by police.
The law prohibits antiunion discrimination, and the authorities
generally enforced this prohibition in practice. The General
Directorate of Labor promptly examined complaints.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, including by children; however, there were reports
that such practices occurred (see Section 6.d.). There were several
media reports of businesses and organizations illegally using mentally
handicapped individuals for strenuous manual labor.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum working age is 16 years. There were instances
of child labor, but the overall incidence was small and was
concentrated geographically and sectorally. The greatest problems were
reported in Braga, Porto, and Faro and tended to occur in the clothing,
footwear, construction, and hotel industries.
In October 2001, the Government undertook a new comprehensive study
of the child labor problem. The Government estimated that 46,717
children on the Portuguese mainland engaged in some form of economic
activity, of whom 40,001 were unpaid family workers and 6,716 worked
for third parties. These results represented a shift from 1998, where a
greater percentage of those involved in economic activity worked for
third parties. Of those children engaged in an economic activity, 86.2
percent were attending school, compared with approximately 78 percent
in 1998. The survey confirmed that most children engaged in economic
activity come from the northern (57.7 percent) and central (26 percent)
regions of the country. The agricultural sector employed the most
children, followed by commerce, manufacturing, hotel and catering, and
construction. When asked why they were engaged in economic activities,
54.5 percent of the children replied, ``because they wanted to,''
compared to 26.8 percent in 1998. The number of respondents citing
``household economic problems'' and ``no one else wants to do it''
declined. The majority of children worked 1 to 3 hours per day, and
children tended to work either one to two days per week or 6 to 7 days
per week. A great majority (87 percent) said that their work was easy,
and 89 percent said that they enjoyed their work.
Government agencies had noted a continued gradual shift from child
labor in industries to child labor in the home. Children increasingly
worked in family businesses, particularly in rural farm work. The
extensive national network designed to combat child labor began to
shift some of its resources toward these family-run businesses.
The Government's fight against exploitative child labor included
policies designed to address some of the root causes. A government
commission, the Plan for the Elimination of Exploitation of Child Labor
(PEETI), has developed, in conjunction with several NGOs, an integrated
program of education and training in which local teams of social
workers and educators intervene in situations involving dropouts and
working children. These teams develop programs of scholastic and
vocational study tailored to the individual child and his community.
There were 34 programs established in the country serving approximately
600 youth. Most of the programs were concentrated in the northern
region of the country, where 73 percent of the youth were served. While
youth from Lisbon and surrounding areas only accounted for 13.5 percent
of program participants, they accounted for the highest percentage of
youth subject to the worst forms of child labor. PEETI gave
``scholarships'' to help offset the loss of income to the family. Up to
800 teenagers participated in this work-study program on a rotating
basis during the year. PEETI also sponsored summer camps for at-risk
youth to attend when school is not in session. The National Council
Against the Exploitation of Child Labor (CNETI), a multiagency
government body, coordinated efforts to eliminate child labor.
The Government's guaranteed minimum income program provided some
families an alternative to sending their children to work. Since its
inception, more than 691,897 persons have participated in this program.
As of April 2001, 390,428 were still receiving this benefit. The
Government noted that this program had helped 16,492 children return to
school.
In June 2000, the country ratified the ILO 182 Convention on the
Worst Forms of Child Labor.
e. Acceptable Conditions of Work.--Minimum-wage legislation covers
full-time workers as well as rural workers and domestic employees ages
18 and over. The monthly minimum wage during the year was approximately
$348 (348 euros). Along with widespread rent controls, basic food and
utility subsidies, and phased implementation of an assured minimum
income, the minimum wage afforded a decent standard of living for a
worker and family. Most workers received higher wages.
Employees generally received 14 months' pay for 11 months' work:
the extra 3 months' pay were for a Christmas bonus, a vacation subsidy,
and 22 days of annual leave. The maximum legal workday was 10 hours,
and the maximum workweek was 40 hours. There was a maximum of 2 hours
of paid overtime per day and 200 hours of overtime per year, with a
minimum of 12 hours between workdays. The Ministry of Employment and
Social Security monitored compliance through its regional inspectors.
Employers legally were responsible for accidents at work and were
required by law to carry accident insurance. An existing body of
legislation regulates safety and health, but labor unions continued to
argue for stiffer laws. The General Directorate of Hygiene and Labor
Security develops safety standards in harmony with EU standards, and
the General Labor Inspectorate is responsible for their enforcement.
However, the Inspectorate lacked sufficient funds and inspectors to
combat the problem of work accidents effectively. Workers injured on
the job rarely initiated lawsuits. A relatively large proportion of
accidents occurred in the construction industry. Poor environmental
controls in textile production also caused considerable concern. While
the ability of workers to remove themselves from situations where these
hazards existed was limited, it was difficult to fire workers for any
reason and severance payments were high.
In January 2001, the Government passed a law requiring all
contractors on a work site to accept responsibility for verifying a
worker's legality. Previously, difficulties arose in identifying who
the true employer of a laborer was on a construction site. This new law
makes every employer subject to penalties if the Government finds
illegal immigrants laboring on a work site.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in illegal workers and, to a lesser
extent, in women and children for prostitution remained a problem.
Under the Penal Code, trafficking in persons is punishable by 2 to
8 years' imprisonment. In January 2001, Parliament passed legislation
that established prison sentences of 1 to 4 years for facilitating the
illegal entry of persons; for those employing an illegal immigrant, the
sentence is 2 to 5 years. The revisions also criminalize the
trafficking of children under 16 years old for the purpose of sexual
exploitation and the simple exhibition or distribution of pornographic
materials. The criminal investigation of these cases is difficult,
given the sophisticated methods used by the traffickers, the cultural
and language barriers between the immigrants and the Portuguese, and
the desire of these immigrants to earn a living. Nevertheless, the
Government has taken an active role in investigating those involved in
the trafficking of persons. Portugal's border control agency (SEF)
initiated 285 investigations in 2001, up from 73 in 1996. From 1998 to
2001, SEF investigations resulted in 53 convictions of individuals
charged with crimes related to illegal immigration. Of those convicted
in 2001, 9 were Portuguese, 5 were Brazilian, 4 were Moldovan, 3 were
Ukrainian, and 3 were Romanian.
The SEF's arrest of Angolan-born Portuguese citizen Pedro Damba in
December 2000 at the Faro airport on his way to London uncovered an
extensive network that trafficked Angolan and Portuguese children to
the United Kingdom, often using Portugal as a transit country. Damba
was sentenced to six years in prison for falsification of documents,
but international investigations into Damba's activities showed that
from November 1997 to December 2000, he traveled from Portugal to
London 44 times accompanied by at least 112 Angolans, many of them
minors. The SEF also reportedly found that some of the trafficked
children were Portuguese residents or citizens. The SEF, PJ, Scotland
Yard, and other international officials were continuing their
investigations into Damba's activities and into the final destination
of the trafficked persons at year's end.
Some Portuguese women were trafficked to Spain for sexual
exploitation; the majority of these women tended to be from poorer
areas and were often drug users. Some women from Brazil, Lusophone
Africa, and Nigeria also were trafficked into Portugal. The majority of
trafficked persons originated in the former Soviet Union, specifically
Moldova, Ukraine, Russia, and Belarus. Mafia organizations, primarily
of Moldovan and Ukrainian origin, were present in the country and
operated largely in the transportation and extortion of Eastern
European manual laborers.
Trafficked workers from Eastern Europe arrive in an organized
manner. Traffickers sell ``package tours'' to illegal immigrants,
providing them with a passport, Schengen visa, and bus transportation
to Portugal. More than 80 percent of illegal immigrants enter Portugal
as ``tourists,'' having obtained visas from either the Dutch or German
embassies in the former Soviet Union, primarily Kiev or Chisinau. Along
the route to Portugal, passengers must pay ``tolls'' to the
traffickers. Typically upon arrival at the Spanish border, ``bandits''
working on behalf of the trafficking rings steal money from the
trafficked persons and often steal or confiscate their passports. The
victims often arrive in Portugal with neither money nor documents,
making them easy targets for organized crime members. The SEF has
cracked down on these ``tourist'' buses bringing illegal laborers to
Portugal; however, the traffickers also use small vans to evade
detection.
Once at their destinations, the victims live in overcrowded,
substandard ``hostels.'' The traffickers offer them loans at very high
interest rates and, for a fee, find them jobs at constructions sites or
other industries, e.g., textile mills, woodworking or metal shops, and
marble fabrication. Generally the traffickers' local group leader at
the hostel sets up the work and provides transportation. The
traffickers coerce the workers into paying large portions of their
salaries to them. A refusal to pay leads to severe beatings and
allegedly even murder.
Traffickers generally were linked to organized crime rings. Of the
130 Eastern Europeans under detention at the end of 2001, 50 were
considered to be very dangerous, given their links to organized crime.
Most were sentenced for crimes relating to extortion, rape, kidnaping,
and murder. To prevent these criminals from escaping or creating
internal unrest in the prison population, the DGSP has created special
security sections within the prisons to house them.
To break the control traffickers hold over their clients, the
Government instituted a regularization process in January 2001. The
process allowed illegal workers to obtain legal work permits, valid for
one year at a time. After 5 years, temporary work permits may be
converted into residence permits. As of May, 180,060 illegal immigrants
had obtained temporary work permits. The Government granted permits to
approximately 65,000 Ukrainians, 12,600 Moldovans, 11,000 Romanians,
and 7,000 Russians. To qualify for a temporary work permit, applicants
must be able to demonstrate that they were physically present in
Portugal prior to November 2001 and hold a valid work contract.
Applicants failing to meet these requirements must apply for a
temporary work permit at a Portuguese diplomatic mission abroad.
The country did not have any trafficking-specific assistance
programs or statistics, but APAV, many immigrant groups, and
international NGOs provided assistance to victims and raised public
awareness of trafficking issues. The Government helped victims through
a witness-protection program.
__________
ROMANIA
Romania is a constitutional democracy with a multiparty, bicameral
parliamentary system. Prime Minister Adrian Nastase is the Head of
government and President Ion Iliescu is the Head of State: Nastase's
Social Democratic Party (PSD) and Iliescu won elections in November and
December 2000 that were judged to be generally free and fair. Under the
law the judiciary is to be independent of other government branches;
however, in practice the executive branch exercises influence over the
judiciary.
The National Police were primarily responsible for law enforcement,
the gendarmerie for preserving public order, and the Border Police for
maintaining border security. The Ministry of the Interior supervises
these organizations. Protection against external threats was the
primary responsibility of the military. An internal intelligence
service assesses threats to national security but had no law
enforcement powers. All security and intelligence organizations
operated under the authority of civilian leadership. Some police
officers committed serious human rights abuses.
The country was a middle-income, developing country in transition
from a centrally planned economy to a market economy. Its population
was approximately 21.7 million. The private sector accounted for 67.1
percent of gross domestic product (GDP) and employed 62.8 percent of
the work force, primarily in agriculture, commerce, and services.
During 2001 121 firms were privatized, and an additional 118 were
privatized in the first half of the year. Approximately 1,200 firms
were left in the State Privatization Fund's portfolio, including
several of the country's largest firms. GDP grew 5.3 percent in 2001
and officially estimated GDP growth during the year was 4.5 percent.
Inflation decreased from 40.7 percent in 2000 to 30.3 percent in 2001
and was estimated at 20 percent for the year. Official statistics
significantly understated economic activity because of the size of the
informal economy.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police use of
excessive force resulted in three deaths. Police officers continued to
beat detainees and reportedly harassed and used excessive force against
Roma. The Government investigated some police officers suspected of
abuse and suspended them from duty or indicted those accused of
criminal activities in military courts. However, investigations of
police abuses generally were lengthy and inconclusive and rarely
resulted in prosecution or punishment. The Parliament enacted
legislation that transferred jurisdiction over prosecution of police
abuses to the civilian court system; however, the rest of the security
forces, including the Border Police and the gendarmerie, remained part
of the military court system. While some progress was made in reforming
the police, cases of inhuman and degrading treatment continued to be
reported. Prison conditions remained harsh and overcrowding remained a
serious problem; however, conditions slightly improved. At times
authorities violated the prohibition against arbitrary arrest and
detention. The executive branch continued to influence the judiciary,
and widespread corruption remained a problem.
The Government at times restricted freedom of speech and of the
press. Religious groups not officially recognized by the Government
complained that they received discriminatory treatment from the
authorities. Societal harassment of religious minorities, violence and
discrimination against women, and restitution of property confiscated
during the Communist regime remained problems. There were large numbers
of impoverished homeless children in large cities. Discrimination and
instances of societal violence against Roma continued. Child labor
abuses continued. There were reports of government interference in
trade union activity. Trafficking in women and girls for the purpose of
prostitution was a problem which the Government took steps to address.
Romania was invited by the Community of Democracies' (CD) Convening
Group to attend the November 2002 second CD Ministerial Meeting in
Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, police at times used excessive
force that led to the deaths of citizens.
On March 21, Mihai Iorga died in Bucharest due to the beatings he
sustained from trustees and police officers in prison. These beatings
took place on March 12 and March 16, and included beating him on the
head with a hammer, inducing a coma. He was taken to the hospital twice
but received no treatment. Police stated that Iorga's death was due to
an ``alcoholic coma,'' but a March 25 autopsy established that Iorga
had been beaten to death.
During the year, two officers were demoted and charged with
criminal acts in the July 2001 beating death of a detainee in Cugir,
allegedly from beating by the officers attempting to obtain a
confession. The case remained pending at year's end. The Supreme Court
acquitted a police officer indicted in 1999 for illegal use of a weapon
in the 1996 killing of a Rom from Cemani, Mircea Muresul Mosor, who was
shot in the back while in police custody. A court ruled that the police
officer was justified in his use of lethal force against Radu Marian,
an unarmed Rom killed during a police raid on a group of cigarette
smugglers.
In June the nongovernmental organization (NGO), Romani CRISS,
reported that 18-year-old Nelu Balasoiu, a Rom, was found dead in
Jilava prison near Bucharest. Balasoiu's family maintained that he was
healthy before he entered prison and alleged that his death resulted
from his detention. Romani CRISS was continuing the investigation into
Balasoiu's death at year's end.
A military tribunal launched a penal investigation regarding the
abusive conduct of two police officers in the beating death in July
2001 of Dumitru Grigoras while in custody in Bacau County. One of the
officers was suspended from his job and arrested in October 2001. The
other remained under investigation 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 such practices; however, there
were credible reports that police beat detainees and used excessive
force. Human rights organizations cited numerous reports of torture and
mistreatment by police.
On June 19, Chief of Police Florin Sandu acknowledged the existence
of instances in which police officers committed abuses. Sandu stated
that in 2001, 5,000 police officers had been sanctioned in violation of
labor rules, and 434 of those cases were pursued in court. Of the 434
cases, 173 were found to be ``abuse of force'' cases.
A new Police Organization Law, which entered into force on May 9,
allows the use of firearms against those fleeing police arrest or
detention. In the view of many observers, this violated the widely
accepted principle that deadly force may be used only against
individuals who represent an imminent threat of death, or of grievous
injury to others.
Romani NGOs claimed that police used excessive force against Roma
and also subjected Roma to brutal treatment and harassment. On February
5, gendarmes beat a 14-year-old Romani child, Calin Sterica, in a
Galati schoolyard. The gendarmes were called in because of a
disturbance; despite not being involved, Sterica was beaten with fists
and clubs. His mother, who had come to see what was going on, was fined
$120 (4 million lei) for ``disturbance of the public order.'' According
to the Romanian Helsinki Committee (APADOR-CH), the Roma County Bureau
discouraged the mother from filing a complaint.
On March 12, police beat Severius Tanase in Sacele, in Brasov
County, just outside of the police station. Tanase was then taken into
the station, where he allegedly was beaten again. Tanase was then urged
to sign a report admitting he committed a petty offense. An
investigation into this case was initiated, but no further action was
taken by year's end.
In the Silaghi beating case from April 2001, in which police beat a
15-year-old girl, officials indicated their intention to take
disciplinary action by year's end against the police officer involved
in the beating. The Mugurel Soare case brought about an investigation,
and the case went to the Military court system, where the police
officer was found to have been justified in his use of force against
Soare. The courts exonerated police in a case involving police
harassment of a gay individual, Adrian Georgescu. A final appeal to the
European Court for Human Rights was underway at year's end.
In December 2001, plainclothes police officers shot Fanica
Dumitrache while he was trying to steal gas from a car. The two police
officers told him not to run, or they would shoot. Dumitrache, who
claimed he did not know the two were police officers, began to run. One
of the officers, Iulian Cristea, shot Dumitrache. The police officers
then took Dumitrache to the hospital.
Judicial cases involving military personnel and the police were
tried in military courts for most of the year (see Section 1.e.). At
times some military prosecutors blocked proper investigation of alleged
police abuses, or courts passed extremely light sentences. Under the
Police Officer's Status Law, which entered into force on June 24,
police officers will be investigated for crimes by civilian
prosecutors. Military prosecutors will continue to try cases that
involve ``state security,'' and the gendarmerie and Border Police
continue to fall under military jurisdiction.
Prison conditions were harsh; however, efforts to improve the
prison system led to some gradual and positive changes. There are a
total of 44 penal units (an increase from 43 in 2001), 35 prisons (an
increase from 34 in 2001), 5 prison hospitals, and 3 juvenile detention
facilities. Overcrowding remained a serious problem. As of August 2001,
50,549 persons, including 1,050 minors, were in detention, while the
legal capacity of the system is 33,246. The law provides alternative
sentences, such as community service, for minor offenses, and is aimed
at reducing the prison population. It has been moderately successful.
Men and women, adults and juveniles, and pretrial detainees and
convicted criminals were held separately in the prison system.
Human rights organizations reported that the abuse of prisoners by
other prisoners and prison authorities continued to be a problem.
Prisons continued to use the ``cell boss'' system, in which some
prisoners were designated to be in semiofficial charge of other
prisoners in places where there were 10 or more prisoners in the same
room. There were attempts to ameliorate this system by giving the
inmates the right to select these ``cell bosses'' by vote, which
improved the situation slightly. Prison authorities introduced some
vocational training programs to assist inmates' future integration into
society, which also led to some improvement.
The Government permitted prison visits by human rights observers;
however, authorities imposed more restrictive conditions for prison
visits. The new conditions, which are based on internal regulations
that the Ministry does not release to the public, require that the
visit be requested by a prisoner and be announced 3 to 4 days in
advance. The authorities gave access to the prisons to 809
representatives of 274 newspapers and local or national TV stations
during the first six months of the year. Prison units and minors'
detention centers were visited by 2,495 persons, including 251 foreign
citizens, representing 239 NGOs during the same period. Some NGOs, such
as the International Committee of the Red Cross (ICRC), obtained
approval to meet weekly, monthly, or bimonthly with prisoners without
the presence of third parties.
Visits to several penitentiaries by human rights organizations
highlighted the problem of overcrowding. For example, Ploiesti
penitentiary held 1,150 detainees in a space designed for 760.
According to APADOR-CH, overcrowding has become less of a problem in
other institutions. In a May 23 visit to Bistrita penitentiary, APADOR-
CH found that there were 948 beds for 1,033 detainees, an improvement
over previous years. In a similar visit on March 14 to Giurgiu
Penitentiary, built in 1994, APADOR-CH found the number of detainees
only slightly exceeded the capacity of 1,000.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, at times the
authorities did not respect this right in practice. The law forbids the
detention of anyone for more than 24 hours without an arrest warrant
from a prosecutor, who may order detention for up to 30 days, and
authorities generally respected this provision in practice. Detention
can be extended past the 30-day limit only by a court ruling; however,
courts and prosecutors often extended pretrial detention, to several
years in some cases. Pretrial detention counts towards sentence time if
a detainee is convicted. One out of every three individuals in the
prison system in 1995 was a pretrial detainee, compared with one in
five in 2000. The law requires the authorities to inform those arrested
of the charges against them and of their right to an attorney at all
stages of the legal process. Police must notify defendants of this
right in a language they understand before obtaining a statement;
however, police often did not inform citizens of their rights. In
addition, the prosecutor's office may delay action on a request for a
lawyer for up to 5 days from the date of arrest. Detainees have the
right to apply for bail, but in practice bail rarely was granted.
Detainees may also ask for a hearing before a judge. Such a request
must be granted within 24 hours.
Police often took advantage of a Police Organization Law provision,
which states that persons endangering the public, other persons, or
social order and whose identity cannot be established, may be taken to
a police station. Police used this provision of the law to detain
persons for up to 24 hours at police stations. The new Police
Organization Law appears to extend this provision. In April the Supreme
Court ruled that such detention was not arbitrary. Roma were
disproportionately affected by this detention provision and often were
viewed suspiciously by police. They often lacked appropriate identity
documents, which made it easier for police to apply this article.
Under the law, minors detained by police and placed under guard in
a center for the protection of minors are considered by judicial
authorities to be in detention or under arrest if they are older than
16, or, if between the ages of 14 and 16, if they have committed a
crime consciously. However, since the Penal Code does not apply to
minors in these centers until their cases are referred to a prosecutor,
police were permitted to question them without restriction and could
hold those suspected of criminal offenses for up to 30 days in such
centers. Local and international human rights groups called on the
Government to change this law, which appears to be in conflict with the
Constitution.
According to APADOR-CH, the Interior Ministry issued new
instructions on detention in 1999 that provide for the confidentiality
of discussions between detainees and their lawyers; this law was
respected in practice.
The Government detained asylum seekers indefinitely in some cases
(see Section 2.d.).
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--Under the law, the judicial branch
is independent of other government branches; however, it remained
subject to influence by the executive branch. Members of the Senior
Council of Magistrates (CSM), which controls the selection, promotion,
transfer, and sanctioning of judges, are appointed by Parliament from a
list provided by the courts and prosecutorial offices represented on
the council. However, the Justice Minister chairs the CSM as a
nonvoting member, provides much of the staff work for the CSM, and
controls its agenda. The Justice Minister also supervises by law the
prosecutors who make up a significant portion of the CSM. The judicial
system was widely regarded as weak, inefficient, and suffering from
systemic corruption, although the Ministry of Justice continued to
investigate and bring prosecutions against corrupt judges and officers.
In June Parliament enacted a September 2001 emergency ordinance
establishing a National Anti-Corruption Prosecutor's Office. This body
is authorized to investigate charges of corruption by high officials
and instances of corruption that have generated more than $100,000 (3.3
billion lei) in damage or seriously disturbed the activity of public
authorities.
The law establishes a four-tier legal system, including appellate
courts. Defendants have final recourse to the Supreme Court or, for
constitutional matters, to the Constitutional Court. The judicial
system establishes a prosecutor's office associated with each court.
Judicial cases involving military personnel and the police are
tried in military courts. Local and international human rights groups
have criticized this system, claiming that the military prosecutor's
investigations were unnecessarily lengthy and often purposefully
inconclusive (see Section 1.c.). As a result of the Police Organization
Law, which took effect in May, civilian courts and prosecutors began to
try cases involving the National Police but not other law enforcement
bodies.
The law provides for the right to a fair trial; however, the
judiciary suffered from systemic corruption. Defendants are presumed
innocent. The Penal Code requires that an attorney be appointed for a
defendant who cannot afford legal representation or is otherwise unable
to select counsel. In practice the local bar association provided
attorneys to the indigent and was compensated by the Ministry of
Justice. Either a plaintiff or a defendant may appeal. The law provides
that confessions extracted as a result of police brutality may be
withdrawn by the accused when brought before the court; the practice of
extracting confessions through beating occurred occasionally (see
Section 1.c.). Due to a lack of a plea bargaining, the judicial system
tended to be inefficient and slow. An average case took four and a half
years to complete.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, there were
some restrictions. The Constitution provides for protection against the
search of a residence without a warrant; however, this protection is
subordinate to ``national security or public order.'' The law defines
national security very broadly and lists as threats not only crimes
such as terrorism, treason, espionage, assassination, and armed
insurrection but also totalitarian, racist, and anti-Semitic actions or
attempts to change the existing national borders. Security officials
have the authority to enter residences without authorization from a
prosecutor if they deem a threat to national security to be
``imminent''; however, such actions were rare.
The Constitution states that the privacy of legal means of
communication is inviolable; thus, the Romanian Internal Intelligence
Service (SRI) is prohibited legally from engaging in political acts
(for example, wiretapping on behalf of the Government for political
reasons). However, the law allows the security services to monitor
communications on national security grounds after obtaining
authorization. The law requires the SRI to obtain a warrant from the
``public prosecutor specially appointed by the General Public
Prosecutor'' in order to carry out intelligence activities involving
``threats to national security.'' It may engage legally in a wide
variety of operations such as surveillance; requesting official
documents or information; or consulting with technical experts, to
determine if a situation meets the legal definition of a threat to
national security or to prevent a crime.
The law permits citizens access to secret police files kept by the
Communist government. Under the law, any individual who held Romanian
citizenship after 1945 is entitled to have access to his file; a
council approved by Parliament reviews the files and releases the
information unless it was a state secret or could threaten national
security. The files remain in the custody of the intelligence services.
This law has been criticized for exempting files of current employees
of the intelligence services from review and for restricting the
definition of an informer to an individual who received actual payment
for services.
In March 2001, Parliament passed legislation requiring individual
citizens to report foreign guests to the police if the guest remained
in the country for more than 2 weeks; this legislation was criticized
by human rights groups as infringing on privacy rights. Some minority
groups, including ethnic Hungarians and Germans, also expressed concern
over the law, since they often have family visitors for extended
periods of time.
Twenty Roma living in tents in the Vacaresti Lake area of Bucharest
were given notice to leave by May 15. When they failed to do so, city
hall representatives pulled down their tents, citing the lack of
sanitary living conditions as the reason for eviction. Observers
disputed the legal basis for this act and alleged it was prompted by
anti-Roma prejudice.
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
respected these rights in practice; however, the prohibitions against
``defamation of the country'' and ``offense to authority'' limited
these rights.
Independent media continued to grow in an increasingly competitive
market. Several hundred daily and weekly newspapers were published.
Foreign news publications may be imported and distributed freely, but
high costs, compared to domestic publications, limited their
circulation.
Several private television stations broadcast nationwide, with the
largest reaching approximately 45 percent of the rural and 85 percent
of the urban market. There were 117 private television stations and 260
private radio stations. Approximately 3.4 million households were wired
for cable, giving significant portions of the population access to both
private and foreign broadcasts. State Television (RTV), Radio Romania,
and the Europa FM radio network remained the only national broadcasters
capable of reaching the bulk of the rural population at year's end.
Independent stations continued to enlarge their coverage throughout the
country by over-the-air, cable, and satellite transmissions.
Press and television coverage generally reflected the political
viewpoints of owners, which covered most of the political spectrum.
State-owned television and radio coverage tended to be biased in favor
of the Government. In December 2001, on a party line vote, the ruling
party forced out the governing board of the state owned radio network,
which had been appointed by a previous government. The new radio
leadership reflected the ruling party's views in its coverage. Media
accuracy was not high but has been improving gradually.
The Penal Code has been criticized by human rights organizations
and journalists for including jail terms for those convicted of libel
or calumny. In May the Chamber of Deputies replaced the prison term for
insult with a fine. However, the Government retained a prison term (2
to 24 months) for libel. The sentence was increased to 3 to 36 months
for libel directed at government officials. The move was widely
criticized by press and human rights organizations. Although President
Iliescu stated that insult and calumny must be penalized in some form,
in October he returned the ordinance to Parliament, asking that the
prison penalty for calumny be dropped. The issue was still pending at
year's end.
Article 168 of the Penal Code provides criminal penalties for
spreading false information aimed at attacking the country's national
security. Using this article, in January the Government briefly
detained two individuals suspected of publicizing information over the
Internet about alleged corruption involving the Prime Minister. The
Government also instituted proceedings against opposition ultra-
nationalist politician Corneliu Vadim Tudor under article 168 after he
asserted, shortly after September 11, 2001, that the Government had
trained Hamas terrorists in the mid-1990s. The Government, responding
that they had trained Palestinian Authority security officers, stripped
Tudor of his Parliamentary immunity and continued to prosecute him
during the year on the grounds that he had disseminated false
information which endangered state security or the country's
international relations.
NGOs defending freedom of the press and the media reported that
journalists of the local Ziarul de Vrancea newspaper were victims of
various types of pressure and harassment allegedly orchestrated by the
President of the Vrancea County Council, a member of the ruling PSD
party. Financial regulators repeatedly harassed journalists who were
critical of the local government, demolished the newspaper's kiosks,
and evicted them from their offices, even though the rent had been paid
in advance.
Local officials, including the Vrancea Prefect, also filed numerous
court cases against Ziarul de Vrancea journalists.
Access to the Internet was not restricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected that right in practice. The law on public assembly provides
for the right of citizens to assemble peacefully while unarmed but
states that meetings must not interfere with other economic or social
activities and may not be held near locations such as hospitals,
airports, or military installations. Organizers of demonstrations must
inform local authorities and police before the event. Authorities may
forbid a public gathering by notifying the organizers in writing within
48 hours of receipt of the request. The law prohibits the organization
of, or participation in, a counter demonstration held at the same time
as a scheduled public gathering. A law passed in March forbids fascist,
communist, racist, or xenophobic symbols (statues of war criminals are
not permitted on public land), ideologies, or organizations.
Unauthorized demonstrations or other violations were punished by
imprisonment and fines.
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Political
parties gain legal status if they have at least 10,000 members.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, there were some restrictions, and several minority
religious groups continued to claim credibly that low-level government
officials and Romanian Orthodox clergy impeded their efforts at
proselytizing and interfered with other religious activities.
The press reported several instances when adherents of minority
religions were prevented from practicing their faith, and local law
enforcement authorities did not protect them. The Romanian Orthodox
Church predominates; approximately 86 percent of the population
nominally adheres to it.
The Government officially recognizes 15 religions; only the clergy
of these 15 recognized religions are eligible to receive state
financial support. Recognized religions have the right to establish
schools, receive funds to build churches, pay clergy salaries with
state funds, subsidize clergy's housing expenses, broadcast religious
programming on radio and television, apply for broadcasting licenses
for denominational frequencies, and enjoy tax-exempt status.
The number of adherents each religion had in the 1992 census
determines the proportion of the budget that each recognized religion
receives. Representatives of minority religious groups disputed the
1992 census results, claiming that census takers in some cases argued
with citizens over their religious affiliation or assigned an
affiliation even without inquiring about religious affiliation. A new
census was conducted in March, but its final results will not be
published until 2003. Religious and ethnic groups complained that
census takers undercounted their numbers or misidentified their members
as being in the ethnic Romanian Orthodox majority during the census.
The Government requires religious groups to register, and
government registration and recognition requirements posed obstacles to
minority religions. Representatives of religious groups that sought
recognition after 1990 alleged that the registration process was
arbitrary and unduly influenced by the Romanian Orthodox Church. They
also complained that they did not receive clear instructions concerning
the requirements, and that often the State Secretary on Religions did
not respect the time frame in which they had to make a decision on
their application. During the year, the Government failed to comply
with a Supreme Court order to give Jehovah's Witnesses status as a
religion. The Government has not granted any religious group status as
a religion since 1990.
The Government registered religious groups that it did not
recognize either as religious and charitable foundations or as non-
profit cultural associations. A May 2000 law simplified this
registration process and removed the minimum number of members required
to set up religious associations and foundations.
The law does not prohibit or punish assembly for peaceful religious
activities; however, several minority religious groups complained that
on various occasions local authorities and Orthodox priests prevented
religious activities from taking place, even when their organizers had
been issued permits. The Evangelical Alliance reported difficulties in
obtaining approval to use public halls for religious activities
following negative press campaigns that described neo-Protestant
religions as ``sects.'' Orthodox priests incited the local population
against activities sponsored by the Adventist Church in Probata-Iasi
County, where the situation stabilized only when the local authorities
intervened.
New regulations regarding building permits for ``places of
worship,'' issued by the Government in May 2001, no longer
differentiated between recognized and unrecognized religions in terms
of what they are allowed to build as places of worship. Prior to this,
unrecognized religions received building permits for ``halls of
prayer'' only and not for ``places of worship.'' Although most minority
religious groups declared that they had received permits to build
places of worship without any difficulty, some of them made credible
complaints that these regulations generated delays in the process.
Although protected by law, several minority religious groups, which
include both recognized and unrecognized religions, made credible
complaints that low-level government officials and Romanian Orthodox
clergy impeded their efforts to proselytize, interfered in religious
activities, and otherwise discriminated against them during the year.
In some instances, local police and administrative authorities tacitly
supported societal campaigns against proselytizing that at times were
violent. While there is no law against proselytizing, in some
localities proselytizing was perceived as being directed at adherents
of established churches, and conflicts occurred.
Recognized religions also have the right to teach religion in
public schools; however, a number of religious groups, including the
Baptists, reported that they had been unable to have classes offered in
their faiths in public schools because of the influence of the Orthodox
Clergy. In at least one instance, a child who was a member of Jehovah's
Witnesses was threatened with not graduating unless she attended the
Orthodox religious classes.
Previously, a small number of religious and communal properties
confiscated under the Communist regime were restituted by government
decrees in lieu of a restitution law. In June Parliament passed a law
restituting large numbers of religious properties confiscated by the
Communist regime. In many cases religious minorities did not succeed in
regaining actual possession of the properties despite the restitution
by these decrees. Many properties returned by decree house state
offices, schools, hospitals, or cultural institutions that would
require relocation, and lawsuits and protests by current possessors
delayed restitution of the property to the rightful owners.
The Greek Catholic, or Uniate, Church made only limited progress in
recovering its properties taken by the Romanian Orthodox Church after
its forced merger in 1948. The return of places of worship was
specifically excluded from the provisions of the June law. This
exclusion primarily affects the Greek Catholics; churches of other
faiths generally were not seized by the Communists. Of the
approximately 2,600 properties to which the Greek Catholic Church has
claim, only a handful have been returned. The Greek Catholic Church had
very few places of worship. Many followers still were compelled to hold
services in public places or parks (289 such cases, according to Greek
Catholic reports). In order to avoid restitution, the Orthodox Church
demolished many Greek Catholic churches under various pretexts,
including that the buildings were structurally unsafe. In February the
Orthodox Patriarch, in a letter to the Minister of Justice, described
court rulings in favor of the Greek Catholic Church as ``illegal'' and
``abusive'' and stated that decisions on such cases should be made only
by the joint Orthodox-Greek Catholic committee. The Minister of Justice
distributed the letter to all Courts of Appeal.
On the night of March 15, a group of Orthodox followers, led by an
Orthodox priest, occupied a recently restituted Greek-Catholic church
in Ocna Mures, Alba County. Greek Catholic witnesses say that armed
police forces did nothing and even assisted with the occupation. The
church was returned to the Greek Catholic church by court ruling at the
end of the year.
Restitution of the existing churches was a critical factor to both
sides, because local residents were likely to attend their local church
whether it was Greek Catholic or Orthodox; thus the number of believers
and share of the state budget allocation for religions is at stake. The
historical Hungarian churches, including the Hungarian Roman Catholic
and the Hungarian Protestant Reformed, Evangelical, and Unitarian
churches, have received only a small number of their properties back
from the Government. Out of 1,791 buildings claimed by the Hungarian
churches, 113 were restituted by government decrees; however, the
churches involved were permitted to take actual possession of fewer
than 20. Following discussions between the ruling PSD and the
Democratic Union of Hungarians (UDMR) at the beginning of May, small
steps were made toward speeding up the actual restitution of 13
buildings (9 of them belonging to the Hungarian churches) returned by
previous decrees. The Jewish community has received 42 buildings by
government decree but has obtained actual possession of less than half
of them.
In June 2001, members of the ``New Right'' (Noua Dreapta)
organization (a small, extreme-right group with nationalistic,
xenophobic views) beat four Mormon missionaries who were riding on a
streetcar in Bucharest. No measures were taken against the group.
Many representatives of minority religions credibly complained that
private and governmental organizations operating hospitals, children's
homes, and shelters for the elderly often permitted only Orthodox
priests to grant religious assistance in them. Charitable activities
carried out by other churches in children's homes and shelters often
have been interpreted as proselytizing. According to the Seventh-Day
Adventist Church, Orthodox priests have not allowed Adventist ministers
to conduct burial rituals in localities, primarily in rural areas,
where the number of Adventist members was small.
Members of Jehovah's Witnesses complain that the number of cases in
which their ministers have been abused verbally and physically by
persons incited by Orthodox priests (who often took an active part in
these actions) increased. Such cases were reported in Sutesti and
Dragasani (Valcea County) and Budesti (Bistrita Nasaud County).
The far-right press continued to publish anti-Semitic articles. The
Legionnaires (Iron Guard), an extreme nationalist, anti-Semitic, pro-
Nazi group, continued to republish inflammatory books from the interwar
period. Extremist publicists made repeated attempts to deny that
Holocaust activities occurred in Romania or in Romanian administered
territory. At the end of June, the local police confiscated 2,000
copies of an anti-Semitic book published in Arad by a foreign-based
Iron Guard member. Religious services to commemorate legionnaire
leaders continued to be held in Orthodox churches. During the year,
Jewish cemeteries were desecrated in four localities. Two synagogues
were desecrated during the same period; the perpetrators were not
identified. No progress was made on investigations into the desecration
of Jewish synagogues and cemeteries in 2001, 2000, and 1999.
Most mainstream politicians publicly criticized anti-Semitism,
racism, and xenophobia as well as attempts to deny the Holocaust and to
rehabilitate World War II dictator Marshal Ion Antonescu. In March a
course in the history of the Holocaust was included among subjects to
be studied at the National War College (directly subordinated to the
Ministry of Defense). During the same month, the Government issued two
emergency ordinances against fascist, racist, and xenophobic
organizations; against the cult of war criminals (which refers to
attempts to rehabilitate Antonescu, who was executed in 1946 as a war
criminal); and for the protection of Jewish cemeteries and synagogues.
In accordance with the first ordinance, six statues of Marshal
Antonescu (in Piatra Neamt, Slobozia, Letcani, Jilava, Calarasi, and
Sarmas) were taken down. A Marshal Ion Antonescu square in Piatra Neamt
was renamed at the end of April.
According to the Baha'i Faith, a group of youths disrupted a show
and an exhibit sponsored by their association in Herestrau Park in
Bucharest in July 2000. The youths called the Baha'is a ``sect,'' used
a Nazi greeting, shouted ``long live the Orthodox Church,'' and
destroyed all the exhibit materials. The police cooperated with the
Baha'is in investigating the incident, but it had not been resolved by
year's end, and there was no sign that the investigation was
continuing.
For a more detailed discussion see the 2002 International Religious
freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
In July the mayor's office in Bucharest worked with the ``Roma
Party of Sector 6'' (a district of the city) to convince Roma illegally
living on public land in Sector 6 to return to their original homes.
When the Roma Party and the mayor's office failed to convince the Roma
to leave the public land and return to their homes voluntarily within
72 hours, the Roma were removed by force and returned to their
localities of origin.
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 cooperated with the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. The Government provides first
asylum. According to the National Refugee Office, between January and
June, 532 individuals submitted applications for asylum, and 41 were
approved. There were no voluntary repatriations. The law establishes a
refugee office in the Interior Ministry to receive, process, and house
asylum seekers. The Interior Ministry and the Labor Ministry funded
programs to assist asylum seekers and refugees. Financial support
provided by the Government (reimbursable loans for a period of 6 to 9
months) was minimal; it usually was not enough to cover basic needs.
The Government provided temporary accommodation in a few locations;
however, the facility in Bucharest operated well below its capacity.
Programs for integrating refugees into society developed slowly. An
increasing number of transiting illegal migrants regarded the country
as a springboard to other countries.
There were no reports during the year of the forced return of
persons to a country where they feared persecution. The UNHCR expressed
some concern over cases in which the Government reversed an initial
acceptance of an asylum claim on undefined ``national security''
grounds.
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 exercised this right in practice
through periodic free and fair elections held on the basis of universal
suffrage.
In November and December 2000, in elections that were judged to be
generally free and fair, the center-left PSD won a near majority in the
legislature and the PSD candidate, Ion Iliescu, won the presidency. The
PSD governed as a minority government, with support from the Democratic
Union of Hungarians in Romania (UDMR). The extremist, xenophobic
Greater Romania Party (PRM) won the next largest share of parliamentary
and presidential votes. Allegations of widespread voting fraud from the
losing PRM candidate, Corneliu Vadim Tudor, were not judged to be
credible.
No legal restrictions hindered the participation of women in
government or politics but societal attitudes were a significant
impediment. The Parliament was composed of 10.3 percent women, with 12
Senators and 38 Deputies. Women ministers constituted 20 percent of the
cabinet, holding five ministerial posts. Women in general voted in the
same proportion as men. None of the 41 county prefects, an appointed
position to represent the central government at the county level, were
women.
The Constitution and electoral legislation grant each recognized
ethnic minority one representative in the Chamber of Deputies, provided
that the minority's political organization obtains at least 5 percent
of the average number of valid votes needed to elect a deputy outright.
Organizations representing 18 minority groups elected deputies under
this provision in 2000. Ethnic Hungarians, represented by the UDMR,
obtained parliamentary representation through the normal electoral
process. Roma were underrepresented in Parliament; low Roma voter
turnout and internal divisions worked against the consolidation of
votes for one candidate, organization, or party. There were two Romani
parliamentarians; the former Romani minority representative joined the
PSD and sat in the legislature, and the Constitution and electoral
legislation provide for one seat for Roma. During the year, the PSD
signed protocols of cooperation with Hungarian, German, and Roma
minority parties.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Domestic human rights
monitoring groups included APADOR-CH, the independent Romanian Society
for Human Rights (SIRDO), the League for the Defense of Human Rights
(LADO), the Romanian Institute for Human Rights, and several issue-
specific groups, such as the Young Generation of Roma and the Center
for Crisis Intervention and Study, also a Romani NGO. Other groups,
such as political parties and trade unions, continued to maintain
sections to monitor the observance of human rights. These groups, as
well as international human rights organizations, functioned freely
without government interference.
Government officials were generally cooperative and responsive to
NGOs, although some offices were slow to respond to inquiries. Local
human rights monitoring agencies found it difficult to obtain
statistics concerning police abuses. The Ministry of the Interior,
which is responsible for investigating such abuses, responded unevenly
to inquiries from monitors. Often victims were reluctant to come
forward, and the Government did not promote transparency in this
regard.
In February 2000, the Ministry of the Interior tightened conditions
for prison visits by human rights organizations (see Section 1.c.).
An Ombudsman's Office worked to protect citizens against abuses by
public officers. In 2001 the office received 6,887 complaints; of these
only 1,671 were accepted as falling under the Ombudsman's jurisdiction.
By May 31, 2,509 complaints had been addressed to the Ombudsman's
office, only 457 of them were in its jurisdiction. More than half of
them--1,828--related to social, economic, and cultural rights. The
office registered these complaints and was obliged by law to provide an
initial response within a year of the date that they were recorded. The
Ombudsman was moderately effective; however, the lack of executive
powers limited the Ombudsman's authority. The office dealt not only
with human rights but with all facets of citizens' interaction with the
Government. The Ombudsman's role still was not fully clear to the
public. Many complaints were rejected because they related to problems
with the judiciary and not the administration.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution forbids discrimination based on race, nationality,
ethnic origin, language, sex, opinion and political allegiance, wealth,
or social background. However, in practice the Government did not
enforce these provisions effectively, and women, Roma, and other
minorities were subject to various forms of discrimination.
In January Parliament ratified a September 2000 emergency ordinance
that outlaws discrimination based on a number of factors and introduces
the ability to sue on the grounds of discrimination. However, the major
tool--the National Council on Combating Discrimination--was not
established until July 31. At the end of April, a large number of NGOs
active in combating discrimination protested the Government's non-
transparent manner of nominating the members of the Council's board and
its failure to consult human rights NGOs on this issue.
According to UNOPA, the principle of confidentiality and the right
to work were sometimes disregarded. For example, employees were hired
and fired in certain situations according to their HIV status, although
this violated the country's labor rights legislation.
Women.--Violence against women, including rape, continued to be a
serious problem. Both human and women's rights groups credibly reported
that domestic violence was common, and a 1999 report by the U.N.
Children's Fund (UNICEF) emphasized that violence against women in the
workplace was common. According to a U.N. population survey conducted
in the fall, 45 percent of Romanian women have been verbally abused, 30
percent physically abused, and 7 percent sexually abused. A complicated
criminal process discouraged domestic violence victims from pressing
charges against perpetrators. Police often were reluctant to intervene
in instances of domestic violence. There was no specific legislation
dealing with spousal abuse or spousal rape. The prosecution of rape was
difficult because it required both a medical certificate and a witness,
and a rapist could avoid punishment if he married the victim. The
successful prosecution of spousal rape was almost impossible. A law
passed in January mandated the same penalties for rape and sexual abuse
irrespective of the victim's gender.
There were reports of trafficking of women (see Section 6.f.).
The Constitution grants women and men equal rights; however, in
practice the Government did not enforce these provisions, nor did the
authorities focus attention or resources on women's issues. On May 8,
the Government passed Law 202, Equality for both Women and Men,
prohibiting any act of gender discrimination, including sexual
harassment.
Few resources were available for women who experienced economic
discrimination. Despite existing laws and educational equality, women
had a higher rate of unemployment than men, occupied few influential
positions in the private sector, and earned lower wages. A department
in the Ministry of Labor and Social Protection advanced women's
concerns and family policies. This department organized programs for
women, proposed new laws, monitored legislation for sexual bias,
targeted resources to train women for skilled professions, and
addressed the problems of single mothers, especially in rural areas.
There is an Ombudsman within the department for child, woman, and
family protection to resolve complaints of discrimination.
Children.--The Government administers health care and public
education programs for children, despite scarce domestic resources
which limited the availability of these services. International
agencies and NGOs supplemented government programs in these areas.
Education was free and compulsory through the eighth grade. After
the eighth grade, schools charged fees for schoolbooks, which
discouraged attendance for lower income children, particularly Roma
children. During the 2001-2002 school year, 3,951,572 children
(approximately 96 percent of primary school-age children) attended
school, including kindergarten. Boys and girls generally received the
same treatment in schools. The Ministry of Education reported that the
dropout rate in the 2000-2001 school year, calculated by the National
Institute for Statistics, was approximately 0.6 percent. This figure
represented a significant decrease in the dropout rate since 1997-98,
when 20 percent of children under 15 left school.
Living conditions in all child care institutions seriously
deteriorated in 1999 and have not improved substantially since that
time. Inspectors who visited institutions and identified humanitarian
needs at the request of the European Union Commission reported that
while conditions were not equal in all institutions, the general
situation was unacceptable in terms of basic infrastructure as well as
hygiene, medical care, nutrition, and general assistance. According to
official statistics, there were approximately 60,000 children in state
institutions.
Repeated treatment interruptions for AIDS patients, mostly
children, were reported by the National Union of Organization of the
Persons Affected by HIV/AIDS (UNOPA). The unnecessary discontinuity of
treatment was more harmful than non-treatment and increased the
potential of drug resistance development.
Large numbers of impoverished and apparently homeless, but not
necessarily orphaned, children were seen on the streets of the larger
cities. A 1998-1999 study by UNICEF and Save the Children estimated
that there were 2,500 children living on the streets of the capital in
the summer when the number generally peaks, but the Government did not
have statistics defining the scope of the problem nationwide. A
significant percentage had left large institutions with no skills and
employment and no ability to earn a living or obtain housing. There was
no systematic provision of labor market information, skills training,
or job placement services for these young persons, and there was a high
probability that they would gravitate to the streets, engaging in
prostitution or trafficking. Although the Government took some
initiatives, including the creation of emergency receiving facilities
to address these problems, there has been no systematic effort to
prevent new children from joining the street population or to integrate
children living on the streets. In November 2001 the Social Assistance
Law took effect; it targets more assistance to children in poverty.
Legal provisions to protect children from abuse and neglect were
inadequate. While there are criminal penalties, there was no consistent
policy and procedure for reporting child abuse and neglect and no
system to provide treatment to families who abuse their children. The
National Authority for Child Protection and Adoption monitored abuse
cases. As of the end of the year, a task force coordinated by the
National Authority for Child Protection and Adoption was developing
standards, training, policies, and procedures for child abuse and
neglect.
There was no perceptible societal pattern of abuse against
children; however, a survey by a local polling firm conducted in 2001
found that 41 percent of women and 59 percent of men reported that they
had experienced physical or verbal abuse as children.
NGOs working with children remained particularly concerned about
the number of minors detained in jail and prison (see Section 1.c.).
These NGOs continued to seek alternative solutions to sending juveniles
to prison, such as parole. Because time served while awaiting trial
counts as part of the prison sentence but does not count towards the
time to be served in a juvenile detention center, some minors actually
requested prison sentences.
Trafficking in girls for the purpose of prostitution was a problem
(see Section 6.f.).
Persons with Disabilities.--Difficult economic conditions and
serious budgetary constraints contributed to very difficult living
conditions for those with physical or mental disabilities. Outside of
large institutions, social services for persons with disabilities were
almost nonexistent. Many persons with disabilities could not make use
of government-provided transportation discounts because public
transport did not have facilitated access. The law does not mandate
accessibility for persons with disabilities to buildings and public
transportation. According to official statistics, there were 3,500
children with disabilities living in state institutions; conditions in
these institutions ranged from adequate to harsh.
National/Racial/Ethnic Minorities.--After the 2000 election, the
Government reorganized the Department for the Protection of Minorities
into an Office for Interethnic Relations and a National Office for Roma
and placed them under the Ministry of Public Information. These offices
are responsible for monitoring the specific problems of persons
belonging to ethnic minorities, to maintain contacts with minority
groups, to submit proposals for draft legislation and administrative
measures, to maintain permanent links with local authorities, and to
investigate complaints.
The largest and most vocal minority community consisted of ethnic
Hungarians, who officially numbered more than 1.4 million according to
preliminary results from the 2002 census. Their UDMR party was in de
facto political alliance with the ruling minority PSD government during
the year after signing a new protocol of cooperation with the PSD in
January. Although the local public administration act of 2001 requires
bilingual signs in areas where a national minority represents more than
20 percent of the population, such signs have never been installed in
Cluj because of the mayor's continual opposition. During the year, he
used the preliminary results of the population census as grounds for
his refusal to install the signs.
A government decree permits students in state-funded primary and
secondary schools to be taught in their own language, with the
exception of secondary school courses on the history and geography of
the country. In the Moldavia region, some in the Roman Catholic Csango
community who speak an archaic form of Hungarian complained that there
was no schooling available in their language. The Csango community,
estimated by some to number several tens of thousands, was fractured,
with a majority of Csangos considering themselves ethnic Romanian and a
minority ethnic Hungarian.
According to the preliminary results of the March census, the
Romani population numbered approximately 535,000; however, some
observers, including the European Commission, estimated that the Roma
population was between 1.1 and 1.5 million. Romani groups complained
that police brutality--including beatings, prejudice, and racial
harassment at the local level--was routine (see Section 1.c.). Under a
government program, Roma living illegally in Bucharest on public lands
were forced to relocate to their counties of origin (see Section 1.f.).
According to the Government, only 27 percent of Roma had steady jobs,
and only half of those jobs were considered skilled. Illiteracy among
Roma older than 45 years of age was approximately 30 percent.
On June 13, a Protocol between the ruling PSD party and the Roma
party was signed between Prime Minister Nastase and Roma party leader
Nicolae Paun. The Protocol calls for the continued monitoring of the
Roma situation, the promotion of higher education among the Roma, and
programs aimed at educating the public about racism and discrimination.
The National Council on Combating Discrimination was established on
July 31. During the year, all necessary structures were established to
implement the National Strategy for the Improvement of the Situation of
the Roma (adopted in April 2001), except for those at the local level
and in the National Council on Combating Discrimination. Under this
National Strategy, 399 Roma experts and councilors were appointed in
ministries, prefect's offices, and in some mayor's offices. Ministerial
committees for Roma, subordinated to a joint committee to monitor the
implementation of the strategy, and joint working groups (made up of
Roma experts in the prefect's office, NGOs, and elected representatives
of the Roma communities) at the local level have been set up. Training
programs for Roma councilors, experts, and medical-social mediators
have been developed by the Government in cooperation with Roma NGOs.
The National Office for Roma established a database to store
information regarding the living conditions and needs of the Roma
community. Given the large amount of work, the office was understaffed.
In addition, funding for the implementation of the strategy continued
to be a problem, since the state budget did not include any amounts for
this purpose.
The Roma population continued to be subject to societal
discrimination. Roma often were denied access to shops, restaurants,
and other places. A complaint filed by the NGO, Romani CRISS, in
February 2001 against the owner of a bar in Pitesti, where two Roma had
been denied access, was rejected on procedural grounds.
A partnership protocol, signed by the Minister of Health and the
representative for Roma in the Parliament in April 2001, sets forth
cooperative measures between the Health Ministry and the Roma Party in
order to ensure that Roma have access to health care. This protocol
helped resolve most complaints of discrimination against Roma in the
health system and sponsored several vaccination campaigns for Roma
children. Romani CRISS started a training program (with private
funding) in cooperation with the Ministry of Health for Roma medical-
social mediators.
On June 7, the Project on Ethnic Relations (sponsored by several
Roma rights NGOs) held a conference on how Roma are portrayed in the
media. A report done by Romani CRISS, presented at the conference,
stated that the print media usually was most discriminatory and found
that 54 percent of articles about Roma were negative. The study was
done on 12 national newspapers and found that the several of these
articles still referred to Roma as ``gypsies,'' a term Romani CRISS
regarded as pejorative.
In May the Bucharest city hall fined the daily Romania Libera and
its publishing company for having published a discriminatory job
announcement, which said, ``no Roma accepted.''
Four persons who were arrested, tried, and convicted in a 1993
incident in Hadareni, in which three Roma died in a house burning, were
released in 2000 after serving their sentences. The victims appealed to
the European Court of Justice, arguing that the sentences of 2 to 6
years were too light. The case was pending before the European Court at
year's end. According to Human Rights Watch, the European Roma Rights
Center (ERRC) lodged applications against the country with the European
Court of Human Rights regarding cases of violence against Roma and
destruction of Romani property in Casinul Nou (1990) and Plaiesii de
Sus (1991). These cases had been rejected in Romanian courts in part
because the statute of limitations had expired before the ERRC could
initiate final appeals. Police in both cases failed to conduct onsite
investigations. These cases were pending with the European Court of
Human Rights at year's end.
Section 6. Worker Rights
a. The Right of Association.--All workers except certain public
employees have the legal right to associate freely and to form and join
labor unions without previous authorization; however, there were
reports that the Government restricted this right. Ministry of Defense,
Ministry of Interior, and intelligence personnel are not allowed to
unionize. The majority of workers were members of approximately 18
nationwide trade union confederations and smaller independent trade
unions. Trade unions may acquire property, support their members'
exercise of their profession, establish mutual insurance funds, print
publications, set up cultural, teaching, and research bodies, establish
commercial enterprises and banks, and borrow money. Workers may not be
forced to join or withdraw from unions, and union officials who resign
from elected positions and return to the regular work force are
protected against employer retaliation.
The right to form trade unions was generally respected in practice.
However, some employers created enterprise-friendly ``yellow unions''
in order to avoid the pressures of independent trade unions. Antiunion
employers--usually foreign companies--made employment conditional upon
the worker agreeing not to create or join a union. The unions reported
that the Government interfered in trade union activities, collective
bargaining, and strikes, and alleged that the requirements to register
a union were excessive.
Past studies indicated that labor legislation adopted in 1991 fell
short of International Labor Organization (ILO) standards in several
areas, including the free election of union representatives, binding
arbitration, the financial liability of strike organizers, the
restriction of eligibility for trade unions, and the restriction of
eligibility for trade union membership and offices to ``employees.''
The law stipulates that labor unions should be free from government
or political party control, a provision that the Government generally
respected in practice. Unions were free to engage in political activity
and did so.
Antiunion discrimination is prohibited by law, and the Government
generally respected this prohibition in practice.
Labor unions may form or join federations and affiliate with
international bodies. The National Confederation of Trade Unions-Fratia
and the National Union Bloc are affiliated with the International
Confederation of Free Trade Unions and the European Trade Union
Confederation. The Confederation of Democratic Trade Unions of Romania
and Cartel Alfa are affiliated with the World Labor Confederation.
Representatives of foreign and international organizations freely
visited and advised domestic trade unionists.
b. The Right to Organize and Bargain Collectively.--Workers have
the legal right to bargain collectively, but collective bargaining
efforts were complicated by continued state control of most industrial
enterprises and the absence of independent management representatives.
Although the law supports collective bargaining as an institution, the
contracts that result were not always enforceable in a consistent
manner. Basic wage scales for employees of state-owned enterprises are
established through collective bargaining with the Government. Public
employees may bargain for everything except salaries, which were set by
the Government. Unions claimed that downsizing decisions resulting from
agreements with international financial institutions violated labor
agreements.
The collective labor dispute law defines the conciliation,
mediation, and arbitration procedures under which strikes can be
conducted. The law established tripartite arbitration panels, and the
list of arbitrators must be approved by the economic and social council
where trade unions and employers associations each have one-third of
the membership; however, mediation capability has not developed fully.
Local panels were poorly trained, and unions continued to take their
cases directly to the Government for dispute resolution.
Amendments to the labor law in 1999 broadened the scope of the
right to strike, although lengthy and cumbersome procedures continued
to make the holding of legal strikes difficult. Strikes may be held
only if all means of possible conciliation have failed. The employer
must be given 48 hours warning. Strikes can only be held to defend the
economic interest of the workers and may not be used for political
reasons. The labor code permits companies to claim damages from strike
initiators if the strike is deemed illegal by a court. Union members
complained that unions must submit their grievances to government-
sponsored conciliation before initiating a strike and that the courts
had a propensity to declare illegal the majority of strikes on which
they had been asked to rule. Judges, prosecutors, and related Ministry
of Justice staff are forbidden to strike, along with Ministry of
Defense, Ministry of Interior, and intelligence service employees. In
contrast to the previous year, there were fewer strikes over the
privatization of enterprises. As in the past, strikes were motivated by
fear of future job losses. The Government worked with the trade unions,
considering their concerns when devising the privatization strategy or
contract. Labor unrest continued at the Resita steel plant, with no
foreseeable outcome at year's end.
Labor legislation was applied uniformly throughout the country,
including in the 6 free trade zones and the 31 disadvantaged zones.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children. The Ministry
of Labor and Social Protection is responsible for enforcing the
prohibition against forced labor. The prevalence of child labor,
including begging, selling trinkets on the streets, or washing car
windshields, remained widespread in the Roma community; these children
may be up to 18 years of age.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment is 16 years, but children
as young as the age of 15 may work with the consent of their parents or
guardians, although only ``according to their physical development,
aptitude, and knowledge.'' Minors are prohibited from working in
dangerous or hazardous conditions. Violations of the child labor laws
are punishable by imprisonment for periods of 2 months to 3 years;
however, despite the prevalence of child labor, there was no evidence
of anyone being charged or convicted under this law. Working children
under the age of 16 have the right to continue their education, and the
law obliges employers to assist in this regard. The Ministry of Labor
and Social Protection has the authority to impose fines and close
sections of factories to ensure compliance with the law. There were no
reports of anyone being charged or convicted under this law.
A department in the Office of the Prime Minister is responsible for
child protection. Local organizations were established in the counties
and the city of Bucharest to enforce child welfare legislation. The
roles and responsibilities of the several agencies that enforce child
labor laws remained ill defined, and these laws often were not
enforced.
There were no accurate statistics on illegally employed children;
however, there was recognition of the problem.
e. Acceptable Conditions of Work.--Most wage rates were established
through collective bargaining at the enterprise level; however, they
were based on minimum wages for specific economic sectors and
categories of workers that the Government set after negotiations with
industry representatives and the labor confederations. Minimum wage
rates generally were observed and enforced. During the year, the
minimum monthly wage was raised from approximately $48 (1.4 million
lei) to approximately $53 (1,750,000 lei); the minimum monthly wage did
not provide a decent standard of living for a worker and family. Prices
for utilities continued to rise; however, basic food and pharmaceutical
products still were subject to price ceilings. Housing was no longer
subsidized.
The Labor Code provides for a standard workweek of 40 hours or 5
days, with overtime to be paid for weekend or holiday work or work in
excess of 40 hours. It also includes a requirement for a 24-hour rest
period in the workweek, although most workers receive 2 days off per
week. Paid holidays range from 18 to 24 days annually, depending on the
employee's length of service. The law requires employers to pay
additional benefits and allowances to workers engaged in particularly
dangerous or difficult occupations.
During the year, discussions including unions and employers to
revise the Labor Code continued. New legislation was under debate in
Parliament at year's end.
Some labor organizations lobbied for healthier, safer, working
conditions on behalf of their members. However, neither the Government
nor industry, which is still mostly state owned, had the resources
necessary to improve significantly health and safety conditions in the
workplace. The Ministry of Labor and Social Protection has established
safety standards for most industries and is responsible for enforcing
them; however, it lacked sufficient trained personnel for inspection
and enforcement, and employers often ignored its recommendations. In
1999 a department was established with European Union (EU) assistance,
within the Ministry to conduct comprehensive safety inspections.
Although they have the right to refuse dangerous work assignments,
workers seldom invoked it in practice.
After an explosion killed 10 workers in the port of Constanta in
June 2001, workers at the shipyard protested against the lack of safety
equipment and violations of safety procedures by management. A
government delegation led by Privatization Minister Musatescu mediated
talks between workers and management. The situation remained unresolved
at year's end.
f. Trafficking in Persons.--A law passed in November 2001 prohibits
trafficking; however, the Government had not issued regulations for
implementation by the end of the year. Trafficking in women and
children continued to be an underreported but serious problem.
The law defines trafficking as the use of coercion to recruit,
transport, harbor, or receive humans for exploitation. Coercion
includes fraud or misrepresentation. Exploitation includes slavery,
forced labor, prostitution, performance in pornographic films, organ
theft, or other conditions that violate human rights. For minors under
the age of 18, it is not necessary to prove coercion.
A law enacted in November 2001 provides for sentences for
traffickers of 3 to 12 years' imprisonment, including for trafficking
in minors between 15 and 18 years of age. Sentences are increased to 5
to 15 years for trafficking in minors under age 15, if there are two or
more victims, or if a victim suffers serious bodily harm or health
problems. The sentence for trafficking that leads to the death or
suicide of the victim is 5 to 25 years. There are increased penalties
of 3 years if the trafficker is a member of an organized crime group
and 2 years in the case of minors if the trafficker uses coercion.
Consent of a trafficked person does not exempt the trafficker from
liability.
The Government in 2001 assigned two generals as National
coordinators of efforts against trafficking through a Human Trafficking
Task Force. It assigned a number of personnel to investigate
trafficking and began to expand interagency and local resources
assigned to human trafficking. During the year, police identified 41
human trafficking networks. A total of 420 individuals were under
investigation for suspected human trafficking, and as of December 1,
the police had arrested 164 suspects. For example, on July 23, police
cracked down on a Chinese-run trafficking ring in Iasi after a female
victim filed a claim with police in Bucharest, using the SECI Regional
Anti-Crime Center. The authorities also sought to increase regional
cooperation against trafficking. In May seven Romanian victims
testified in court in Skopje, Macedonia, against Macedonian traffickers
who were subsequently convicted. Overall, 625 cases of prostitution and
pimping were investigated (an increase of 84.4 percent over 2001) and
100 individuals were arrested. There were also 507 cases of illegal
migration (an increase of 106 percent over 2001), and 446 individuals
investigated (an increase of 53.7 percent over 2001).
In November 2001, one full-time prosecutor was assigned to assist
the task force. A number of prosecutors also began to work trafficking
cases at the regional level in 2001. A handful of prosecutions occurred
for pimping offenses; prosecutions based on indictments under the new
trafficking law began during the year.
In the course of its efforts, the Government recognized that
corruption in the police force--particularly in local forces--may have
contributed to the problem. As a result of both training and personnel
changes within the police, police began to acknowledge that Romania was
a country of origin for trafficked victims, and they became more aware
of the problem. Police developed a system for investigating suspected
trafficking cases that came up during border crossing checks. Victims
were first questioned by Border Police in an effort to identify
traffickers. Subsequently, they were questioned by officers from the
Police's Organized Crime Directorate assigned to investigate human
trafficking.
The country was both a country of origin and a transit country for
trafficked women and girls. The full extent of the problem remained
unclear, since neither the Government nor NGOs maintained statistics on
this problem; however, there was evidence that the problem was growing.
The International Organization for Migration (IOM) reported that from
December 1999 to November 2002, 615 victims had been directly assisted,
while fewer than 10 victims were assisted in 1999. The IOM office in
the country estimated that as many as 20,000 women are trafficked from
the country each year. Women reportedly were trafficked for
prostitution to Yugoslavia (including Kosovo), Macedonia, Turkey,
Albania, Bosnia and Herzegovina, Greece, Cyprus, Italy, France,
Germany, Hungary, the Netherlands, Poland, the United Arab Emirates,
Japan, and Cambodia. Women were trafficked through Macedonia and
Bulgaria to reach Greece and other countries. The country also remained
a frequently used country of transit for persons, especially women,
being trafficked from Moldova, Ukraine, and other parts of the former
Soviet Union. Iasi and Timisoara remained major transit centers.
Trafficking patterns within the country generally went from its border
with Moldova to the countries bordering Serbia, and there was anecdotal
evidence of some internal victims of trafficking as well. There also
was anecdotal evidence that the country was a minor destination
country. Trafficking victims were primarily women and girls trafficked
for prostitution; however, there were also reports that men were
trafficked to Greece for agricultural labor.
Often women were recruited to work abroad by friends or relatives,
or by newspaper advertisements. Often a friend or relative would make
the initial offer, usually telling the victim that she would obtain a
job such as a baby sitter or waitress. According to the IOM, most women
were unaware that they would be forced into prostitution. A minority of
trafficked women were sold into prostitution by their parents or
husbands or were kidnaped by trafficking rings. Ministry of Interior
officials reported that trafficking rings appeared to be operated
primarily by Romanians; several domestic prostitution rings were
active.
No separate government or IOM statistics were available for
children trafficked to other countries. The NGO Sanse Egale Pentru
Femei (Equal Opportunities for Women) reported that cases of
trafficking in children that it dealt with rose from 8 in 1997 to 43 in
1999. In 1998 the NGO Save the Children dealt with 101 cases of
children, mostly Roma, who were taken to Germany and Italy and forced
to work as beggars or petty thieves; there were reports in July that
trafficking rings gathered 200 Roma and sent them to France to work as
beggars. The trafficking of humans to serve as beggars in Western
Europe and the United States was a problem. On July 22, the national
media reported that 19 Romanians were stopped at the Sinnicolau Mare
customs point (on the Serbian-Hungarian border) by Border Police. The
group, which included eight children with a variety of physical
disabilities, were going to Italy to beg. The ringleader, Radu Samir,
was fined approximately $1,800 (60 million lei). In June a citizen was
arrested in Cluj for trafficking elderly residents to the United States
to beg. Border Police reported that such instances were becoming more
frequent.
The country has an extensive system of orphanages with
approximately 60,000 dependents, and many orphanages were complicit in
letting girls escape into prostitution. Children and young persons
forced out of orphanages between the ages of 16 and 18 often had no
identity documents, very little education, and few, if any job skills.
NGOs believed that many girls from these orphanages fell victim to
trafficking networks. A study by the IOM's office in the country found
that in 2000 38 percent of girls between 15 and 18 years of age in
orphanages were ready to ``emigrate to a foreign job,'' putting them at
risk of being trafficked. The same study found that 38 percent of
single women and girls aged 15 to 25 and 20 percent of women and girls
who lived with their parents were ready to emigrate to a foreign job.
In the past, victims returned to Romania were prosecuted for the
crime of leaving the country illegally, which had reduced their
willingness to return to the country or to cooperate with law
enforcement authorities. Law 678 requires the Ministry of the Interior
to provide protection for victims of trafficking, and undercover
operations and electronic surveillance are authorized against
traffickers. This law also eliminates criminal penalties for
prostitution if the victim turns in traffickers, or cooperates in
investigations against traffickers. However, trafficking victims who
cooperated with authorities continued to be sentenced for crimes such
as illegal emigration.
The Government provided little aid to repatriated victims. In
October 2001, IOM opened a short-term shelter for victims in Bucharest
in cooperation with the Government and an NGO, the Estuar Foundation.
The Ministry of Interior provided law enforcement personnel to
investigate trafficking. The Border Police, who report to the Ministry
of Interior, processed repatriated victims when they returned from
abroad. The Ministry of Foreign Affairs provided documentation for
victim repatriation. The Border Police, in order to combat the problem
of trafficking, also received training from abroad. In a June training
seminar in Madrid, organized by the EU, Border Police officers learned
how to coordinate law enforcement work better on the borders and work
more efficiently with international law enforcement; they also received
sensitivity training in dealing with human trafficking.
A small number of local NGOs dealt with trafficking issues. There
were two shelters for victims of sexual abuse, and besides the
Bucharest center, there was another shelter for trafficking victims in
Pitesti. A small number of other shelters operated in Transylvania.
Some NGOs stated that fear of reprisal from organized crime groups
deterred them from taking aggressive action against traffickers. NGOs
had some success in providing training for and working with local
police forces on trafficking. Nevertheless, awareness of human
trafficking was low, and while victims were not treated as criminals,
they were regarded as social outcasts. During the year awareness was
raised by numerous media stories on the problem, and by antitrafficking
advertisements on government-sponsored television. The IOM, with some
additional support from foreign governments, continued its campaign to
increase awareness of the problem with the public, but they had no
formal projects and had limited funding.
__________
RUSSIA
The 1993 Constitution established a governmental structure with a
strong head of state (President), a government headed by a prime
minister, and a bicameral legislature (Federal Assembly) consisting of
a lower house (State Duma) and an upper house (Federation Council). The
Duma has a strong propresidential center that puts majority support
within reach for almost all presidential priorities. Both the President
and the Duma were selected in competitive elections, with a broad range
of individual candidates, political parties, and movements contesting
offices. President Vladimir Putin was elected in March 2000, and Prime
Minister Mikhail Kasyanov took office in May 2000. Both the
presidential elections and the December 1999 Duma elections were judged
by international observers to be generally free and fair, although in
both cases pre-election manipulation of the media was a problem. The
Constitution provides for an independent judiciary. Although seriously
impaired by a shortage of resources and by corruption and still subject
to undue influence from other branches of government, the judiciary
showed increasing independence and was undergoing reforms.
The Ministry of Internal Affairs (MVD), the Federal Security
Service (FSB), the Procuracy, and the Federal Tax Police were
responsible for law enforcement at all levels of government. The FSB
has broad law enforcement functions, including fighting crime and
corruption, in addition to its core responsibilities of security,
counterintelligence, and counterterrorism. The FSB operated with only
limited oversight by the Procuracy and the courts. The primary mission
of the armed forces was national defense, although they have been
employed in local internal conflicts, and they were available to
control civil disturbances. Internal security threats in parts of the
Russian Federation increasingly have been dealt with by militarized
elements of the security services. Members of the security forces,
particularly within the internal affairs apparatus, continued to commit
numerous and serious human rights abuses.
The country has a total population of approximately 143 million.
The economy continued to grow, although at lower rates than in 2001.
Annual gross domestic product (GDP) growth was 4.5 percent, compared
with 5 percent in 2001. GDP was $252 billion for the first 9 months of
the year. Industrial production grew by 3.7 percent; real income
increased by 8.8 percent. Approximately 27 percent of the population,
however, continued to live below the official monthly subsistence level
of $60. Official unemployment was 7.1 percent, down from 9 percent at
the end of 2001. Corruption continued to be a negative factor in the
development of the economy and commercial relations.
Although the Government generally respected the human rights of its
citizens in some areas, its record was poor in other areas. Significant
reforms occurred in law enforcement and judicial procedures; however, a
variety of direct and indirect government actions further weakened the
autonomy of the electronic media, the primary source of information for
most individuals, and the Government's record remained poor in
Chechnya, where federal security forces demonstrated little respect for
basic human rights. There were credible reports of serious violations,
including numerous reports of extrajudicial killings, by both the
Government and Chechen separatists in the Chechen conflict. Hazing in
the armed forces resulted in a number of deaths. There were reports of
government involvement in politically motivated disappearances in
Chechnya. There were credible reports that law enforcement personnel
continued to torture, beat, and otherwise abuse detainees and suspects.
Arbitrary arrest and detention, while significantly reduced by a new
Code of Criminal Procedure, remained problems, as did police
corruption. The Government prosecuted some perpetrators of abuses, but
many officials were not held accountable for their actions.
Lengthy pretrial detention was a serious problem; however, the
introduction of the new Code of Criminal Procedure led to significant
reductions in time spent in detention for new detainees. Prison
conditions continued to be extremely harsh and frequently life
threatening. Laws on military courts, military service, and the rights
of service members often contradicted the Constitution, federal laws,
and presidential decrees, raising arbitrary judgments of unit
commanders over the rule of law. The Government made substantial
progress during the year with implementation of constitutional
provisions for due process and fair and timely trial; however, the
judiciary continued to lack resources, suffered from corruption, and
remained subject to influence from other branches of the Government,
and judges were inadequately protected by the Government from threats
by organized criminal defendants. A series of alleged espionage cases
continued during the year and raised concerns regarding the lack of due
process and the influence of FSB in court cases. Authorities continued
to infringe on citizens' privacy rights.
Despite the continued wide diversity of views expressed in the
press, government pressure continued to weaken the independence and
freedom of some media, particularly major national television networks
and regional media outlets. The Government at times restricted freedom
of assembly at the local level. The Government did not always respect
the constitutional provision for equality of religions, and in some
instances the authorities imposed restrictions on some religious
groups. Societal discrimination, harassment, and violence against
members of some religious minorities remained problems. Despite
constitutional protections for citizens' freedom of movement, local
governments restricted this right, in particular by denying local
residency permits to new settlers from other areas of the country.
Government institutions intended to protect human rights were
relatively weak, but remained active and public. The Government placed
restrictions on the activities of both nongovernmental organizations
(NGOs) and international organizations in Chechnya.
Violence against women and children remained problems, as did
discrimination against women. Persons with disabilities continued to
face problems from both societal attitudes and lack of governmental
support. Ethnic minorities, including Roma and persons from the
Caucasus and Central Asia, faced widespread governmental and societal
discrimination, and at times violence. There were increasing limits on
worker rights, and there were reports of instances of forced labor and
child labor. Trafficking in persons, particularly women and young
girls, was a serious problem. Russia was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
A new Criminal Procedures Code that took effect beginning in July
for the first time permitted the application of existing Constitutional
provisions that individuals could be arrested, taken into custody, or
detained, only upon a judicial decision. After the introduction of the
new Code the number of criminal cases opened by the Procuracy declined
by 25 percent; the number of suspects placed in pretrial detention
declined by 30 percent; and the courts rejected 15 percent of requests
for arrest warrants. Judges released some suspects held in excess of
allotted time when the Government failed properly to justify its
request for extension, and the Supreme Court overturned some lower
court decisions to grant pretrial detention considered inadequately
justified. Early indications were that the changes were having an
effect on the behavior of police, prosecutors, and the judicial system.
Human rights advocates reported that the strict new limits on time held
in police custody without access to family or lawyers, and the stricter
standards for opening cases, have discouraged abuse of suspects by
police as well.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings by the Government or its
agents; however, there continued to be credible reports that the
federal armed forces engaged in extrajudicial killings in Chechnya.
There also were credible reports that the armed forces used
indiscriminate force at various times in the Chechen conflict in areas
with significant civilian populations, resulting in numerous deaths
(see Section 1.g.).
Hazing in the armed forces resulted in the deaths of servicemen
(see Section 1.c.).
On June 26, a court acquitted all defendants charged with the 1994
murder of journalist Dimitriy Kholodov (see Section 2.a.).
Government ``mopping-up'' operations in the Chechen town of
Tsotsin-Yurt in January, March, and July allegedly resulted in the
deaths of many civilians (see Section 1.g.). No one had been charged
with these killings by year's end. According to Human Rights Watch, no
one has been held accountable for the extrajudicial killings of 130
civilians in Alkhan-Yurt, Staropromyslovskiy, and Novyye Aldi in
similar operations in 1999 and 2000.
The press and media NGOs reported that a number of journalists were
killed by unknown parties, presumably because of the journalists' work
(see Section 2.a.).
Attacks on ethnic and racial minorities and asylum seekers resulted
in some deaths (see Section 5).
There were a number of killings of government officials throughout
the country, some of which may have been politically motivated, either
in connection with the ongoing strife in Chechnya, or with local
politics. Among the political figures killed were: Duma Deputy Vladimir
Golovlev in August; Smolensk Oblast First Deputy Governor Vladimir
Prokhorov in August; Akhmen Zavgayev, Head of Nadterechnyy District
Administration (and brother of Doku Zavgayev, former Head of the
Chechen Administration) in Chechnya in September; Leonid Volkov, Head
of the Loknyanskiy District of Pskov Oblast in August; and Magadan
Governor Valentin Tsvetkov in October.
On September 19, Mikhail Nikiforov, First Deputy Chief of the MVD's
Criminal Militia, said that law enforcement officers had identified
suspects in the 1997 killing of St. Petersburg Vice Governor Mikhail
Manevich. Nikiforov stated that the two suspects in the Manevich case
were no longer alive but provided no further details. There were no
reports that the case was being investigated further.
On November 21, the FSB announced that six unidentified suspects
had been arrested and charged with the 1998 killing of Galina
Starovoytova, a prominent Duma deputy.
There have been no developments in the December 5, 2000 killing of
the Mayor of Murom, Petr Kaurov. There also were no developments in the
2000 killing of Svetlana Semenova, a political party activist in the
Union of Right Forces. It was not clear whether these killings were
politically motivated. In 2001 police released Semenova's husband, who
had been the main suspect in the case.
In early November, police arrested four persons in connection with
the 1999 killing of St. Petersburg legislative assembly Deputy Viktor
Novoselov but failed to capture the alleged criminal group leader. St.
Petersburg city court hearings continued in this case.
Chechen rebels killed numerous civilians and increased their
killings of officials and militia associated with the Russian-appointed
Chechen administration, including many civilians (see Section 1.g.).
Chechen terrorists killed two of the hostages they took in a Moscow
theater in October (see Section 1.g.). Chechen fighters killed a number
of federal soldiers whom they took prisoner (see Section 1.g.).
Religious and secular figures also were kidnaped and killed in Chechnya
during the year (see Sections 1.b., 1.c., and 5).
Authorities attributed bombing incidents in Dagestan and several
cities in southern areas of the country to Chechen rebels.
Government forces and Chechen fighters have used landmines
extensively in Chechnya and Dagestan since August 1999 (see Section
1.g.); there were many civilian landmine casualties in Chechnya during
the year.
b. Disappearance.--There were reports of government involvement in
politically motivated disappearances in Chechnya; however, there were
fewer reports of kidnapings than in previous years. The NGO Memorial
claimed that federal military forces detained thousands of persons from
Chechnya. Some of these persons disappeared, but most were released,
often after their relatives paid a bribe. Memorial estimated that the
number of individuals unaccounted for was somewhere between several
hundred and a thousand. Former Presidential Representative for Human
Rights in Chechnya Vladimir Kalamanov acknowledged that at least
several hundred persons were missing in Chechnya.
The August kidnaping by unknown persons of the head of the Doctors
without Borders Mission in the neighboring province of Dagestan
remained unsolved at year's end. This event and overall security
problems led the U.N. and many NGOs to suspend their activities in
Chechnya temporarily.
A September report from the office of Abdul-Khakim Sultygov, the
President's Special Representative for Human Rights in Chechnya, stated
that since it began operations in February 2000 the office had received
complaints of 959 disappearances. According to the office, 401 persons
were located, 18 of whom were dead. Authorities were carrying out
criminal investigations in 234 of the cases and searches for missing
persons in 324 cases. Attacks on ethnic and racial minorities and
asylum seekers resulted in some deaths (see Section 5).
There were no developments in the ongoing criminal investigation
into the 2000 disappearance of former speaker of the Chechen Parliament
and former field commander, Ruslan Alikhadzhiyev, who allegedly was
detained in Shali by federal forces.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits torture, violence, and other
brutal or humiliating treatment or punishment; however, there were
credible reports that law enforcement personnel frequently used torture
to coerce confessions from suspects and that the Government often did
not hold officials accountable for such actions.
Prisoners' rights groups, as well as other human rights groups,
documented numerous cases in which law enforcement and correctional
officials tortured and beat detainees and suspects. Human rights groups
described the practice of torture as widespread. In 2000 Human Rights
Ombudsman Oleg Mironov estimated that 50 percent of the prisoners with
whom he spoke claimed to have been tortured. Numerous press reports
indicated that the police frequently beat persons with little or no
provocation or used excessive force to subdue detainees. Reports by
refugees, NGOs, and the press suggested a pattern of police beatings,
arrests, and extortion directed at persons with dark skin, or who
appeared to be from the Caucasus, Central Asia, or Africa (see Section
5). Press reports and human rights groups indicated that police in some
parts of the country also used beatings and torture as part of
investigative procedures as well. Police continued to harass defense
lawyers, including through beatings and arrests, and continued to
intimidate witnesses (see Section 1.e.). Some human rights observers
and members of the legal profession suggested that the introduction on
July 1 of a new Code of Criminal Procedures that limits the duration of
detention without access to counsel or family members and contains
provisions that render statements given in the absence of a defense
attorney unusable in court, would reduce the incentive for the
authorities to abuse prisoners. However, authoritative reports
concerning changes in actual practice were not available by year's end.
Abuse of prisoners by other prisoners continued to be a problem.
Torture by police officers usually occurred within the first few
hours or days of arrest and usually took one of four forms: Beatings
with fists, batons, or other objects; asphyxiation using gas masks or
bags (sometimes filled with mace); electric shocks; or suspension of
body parts (e.g., suspending a victim from the wrists, which are tied
together behind the back). Allegations of torture were difficult to
substantiate because of lack of access by medical professionals and
because the techniques used often left few or no permanent physical
traces. There were credible reports that government forces and Chechen
fighters in Chechnya tortured detainees (see Section 1.g.).
There were reports that police beat Roma during the year (see
section 5).
Government agencies such as the Ministry of Internal Affairs have
begun to educate officers about safeguarding human rights during law
enforcement activities through training provided by foreign
governments; however, security forces remained largely unreformed.
Torture is not defined in the law or the Criminal Code; it is mentioned
only in the Constitution. As a result, it was difficult to charge
perpetrators. The only accusation that could be brought against the
police is that they exceeded their authority or committed a simple
assault.
Various abuses against military servicemen, including, but not
limited to, the practice of ``dedovshchina'' (the violent, sometimes
fatal hazing of new junior recruits for the armed services, MVD, and
border guards), continued during the year. Press reports cited serving
and former armed forces personnel, the Military Procurator's Office,
and NGOs monitoring conditions in the armed forces, who indicated that
this mistreatment often included the use of beatings or threats of
increased hazing to extort money or material goods. Press reports also
indicated that this type of mistreatment resulted in permanent injuries
and deaths among servicemen. Soldiers often did not report hazing to
either unit officers or military procurators due to fear of reprisals,
since officers in some cases reportedly tolerated or even encouraged
such hazing as a means of controlling their units. There also were
reports that officers used beatings to discipline soldiers whom they
found to be ``inattentive to their duties.'' The practice of hazing
reportedly was a serious problem in Chechnya, particularly where
contract soldiers and conscripts served together.
Both the Union of Soldiers' Mothers Committee (USMC) and the Main
Military Procurator's Office (MPPO) received numerous reports about
``nonstatutory relations,'' in which officers or sergeants physically
assaulted or humiliated their subordinates. This tendency commonly has
been attributed to stressful conditions--for example, degrading and
substandard living conditions--that persisted throughout the armed
forces--and to the widespread placement of inexperienced reserve
officers, on active duty for 2 years, as leaders of primary troop
units. The USMC estimated that approximately 3,000 noncombat deaths
occurred annually; these included: Shootouts, suicides, and training
and traffic accidents.
Despite the acknowledged seriousness of the problem, the leadership
of the armed forces made only superficial efforts to implement
substantive reforms in training, education, and administration programs
within units to combat abuse. The limited scale of their efforts was
due at least in part to lack of funding and to the leadership's
preoccupation with urgent reorganization problems and the fighting in
Chechnya. The MMPO continued to cooperate with the USMC to investigate
allegations of abuse. Nonetheless, the USMC believed that most hazing
incidents and assaults were not reported due to a fear of reprisals,
the indifference of commanders, and deliberate efforts to cover up such
activity.
There were reports that the corruption of government officials
facilitated trafficking in persons (see Section 6.f.).
Criminal groups in the Northern Caucasus, some of which may have
links to elements of the rebel forces, frequently resorted to
kidnaping. The main motivation behind such cases apparently was ransom,
although some cases had political or religious overtones. Many of the
hostages were being held in Chechnya or Dagestan.
During the year, members of ethnic or racial minorities were
victims of beatings, extortion, and harassment by ``skinheads'' and
members of other racist and extremist groups.
Prison conditions remained extremely harsh and frequently life
threatening. The Ministry of Justice administered the penitentiary
system centrally from Moscow. The Ministries of Justice, Health,
Defense, and Education all maintained penal facilities. There were five
basic forms of custody in the criminal justice system: Police detention
centers, pretrial detention facilities known as Special Isolation
Facilities (SIZOs), correctional labor colonies (ITKs), prisons
designated for those who violate ITK rules, and educational labor
colonies (VTKs) for juveniles. Responsibility for operating the
country's penal facilities fell under the Ministry of Justice's Main
Directorate for Execution of Sentences (GUIN).
The Government did not release statistics on the number of
detainees and prisoners who were killed or died or on the number of law
enforcement and prison personnel disciplined. The Moscow Center for
Prison Reform (PCPR) estimated that in earlier years, 10,000 to 11,000
prisoners died annually in penitentiary facilities, 2,500 of them in
SIZOs. During the year, these numbers were estimated to be somewhat
lower. Most died as a result of poor sanitary conditions or lack of
medical care (the leading cause of death was heart disease). The press
often reported on individuals mistreated, injured, or killed in various
SIZOs; some of the reported cases indicated habitual abuse by the same
officers.
Violence among inmates, including beatings and rape, was common.
There were elaborate inmate-enforced caste systems in which informers,
homosexuals, rapists, prison rape victims, child molesters, and others
were considered to be ``untouchable'' and were treated very harshly,
with little or no protection provided by the prison authorities.
Penal institutions frequently remained overcrowded; however, mass
amnesties offered immediate relief. Longer-term and more systemic
measures to reduce the size of the prison population were also taken.
These included the use of alternative sentencing in some regions and
revisions of both the Criminal Code and the Code of Criminal Procedure
which eliminate incarceration as a penalty for a large number of less
serious offenses. Many penal facilities remained in urgent need of
renovation and upgrading. By law authorities must provide inmates with
adequate space, food, and medical attention; with the dramatic decrease
in prison populations these standards increasingly were being met.
The implementation of the new Code of Criminal Procedure reduced
both the numbers of persons being held and the length of time they may
be held in detention, reducing the size of the SIZO population by 30
percent by year's end, and virtually eliminating the problem of
overcrowding in those institutions. As of September 25, prisoners in
SIZOs had an average of 38 square feet per person, up from 16 square
feet the previous year, representing a significant advance toward the
norm of 44 square feet specified by law.
Inmates in the prison system often suffered from inadequate medical
care. According to the GUIN, as of September 1, there were
approximately 86,000 tuberculosis-infected persons and 21,576 HIV-
infected persons in SIZOs and correction colonies combined. Public
health measures, funded by international aid and by the doubling of
government resources for the prison system's medical budget, have
effected a limited reversal of the spread of tuberculosis but have not
contained the spread of HIV. Detention facilities had tuberculosis
infection rates far higher than in the population at large. The Saratov
Oblast administration, concerned with the tuberculosis crisis in its
facilities, fully funded the tuberculosis-related medicinal needs of
prisoners, according to the PCPR. The PCPR also reported that
conditions in penal facilities varied among the regions. Some regions
offered assistance in the form of food, clothing, and medicine. NGOs
and religious groups offered other support.
Conditions in police station detention centers varied considerably
but generally were harsh, although average periods of stay in such
facilities decreased. In most cases, detainees lacked bedding, places
to sleep, running water, toilets, showers, and adequate nutrition.
Suspects awaiting the completion of a criminal investigation, trial,
sentencing, or appeal, were confined in SIZOs, as occasionally were
convicts when the State lacked transportation to take them elsewhere.
Conditions in SIZOs remained extremely harsh and posed a serious threat
to life and health. Health, nutrition, and sanitation standards in
SIZOs remained low due to a lack of funding. Head lice, scabies, and
various skin diseases were prevalent. Prisoners and detainees typically
relied on families to provide them with extra food. Under such
conditions, prisoners slept in shifts. In most pretrial detention
centers and prisons, there was no ventilation system. Poor ventilation
was thought to contribute to cardiac problems and lowered resistance to
disease. Because of substandard pretrial detention conditions,
defendants sometimes claimed that they had confessed simply to be moved
to comparatively less harsh prison conditions. Defendants' retractions
of confessions made under these conditions generally were ignored, as
were those who attempted to retract confessions they claimed they were
coerced to make (see Section 1.e.), although the NGO Human Rights
Institute asserts that the problem of coerced confessions became less
serious after mid-year as a result of the inadmissibility of
confessions not made in the presence of counsel.
An individual detained before January 1 could spend up to 3 years
awaiting trial in a SIZO; however, the new Criminal Procedure Code
gives the courts, rather than the Procuracy, the authority to review
detention, and the Supreme Court instructed all judges to enforce
statutory limits on pretrial detention strictly (see Section 1.d.). The
new Code limits detention in police stations to 24 hours before the
case is referred to the procurator and to 24 hours for the procurator
to open or reject the criminal case. At that point, the procurator must
decide whether to seek pretrial detention from the court. Pretrial
detention is limited in most cases to 6 months. The investigators have
2 months to refer the case file to the court and request more time for
detention. Only in a small number of serious crimes and complex
investigations can the Procuracy request an extension of detention for
6 more months, and only with the personal approval of the Procurator
General himself can they apply to the court for an extension to a
maximum of 18 months. During the first 6 months in which the new
procedures were in place, no such extensions were requested, and most
cases went to trial in the allotted 6 months. By year's end, it was
possible to evaluate only the enforcement of some of these limitations.
These have generally been respected; however there were still some
judges and regions which did not appear to fully enforce this
provision.
ITKs held the bulk of the nation's convicts. There were 749 ITKs.
Guards reportedly disciplined prisoners severely in order to break down
resistance. At times guards humiliated, beat, and starved prisoners.
According to the PCPR, conditions in the ITKs were better than those in
the SIZOs, because the ITKs had fresh air. In the timber correctional
colonies, where hardened criminals served their time, beatings,
torture, and rape by guards reportedly were common. In September 2001,
procurators in Perm announced that they had brought charges of
mistreating inmates against Special Forces Commander Sergey Bromberg,
head of the strict regime prison colony at Chepets. Along with seven
masked members of his unit, Bromberg was suspected of beating inmates
at the prison colony. The Procurator subsequently announced that he had
completed his investigation; however, there were no reports by year's
end that a prosecution was being pursued. The country's ``prisons''--
distinct from the ITKs--were penitentiary institutions for those who
repeatedly violated the rules in effect in the ITKs.
VTKs were facilities for prisoners from 14 to 20 years of age. Male
and female prisoners were held separately. In September 2001, GUIN
reported that there were 64 educational colonies, 3 of which were for
girls. Conditions in the VTKs were significantly better than in the
ITKs, but juveniles in the VTKs and juvenile SIZO cells reportedly also
suffered from beatings, torture, and rape. The PCPR reported that such
facilities had a poor psychological atmosphere and lacked educational
and vocational training opportunities. Many of the juveniles were from
orphanages, had no outside support, and were unaware of their rights.
There also were two prisons for children in Moscow. Boys were held with
adults in small, crowded, and smoky cells. Schooling in the prisons for
children was sporadic at best, with students of different ages studying
together when a teacher could be found.
In April 2001, President Putin described the problem of disease in
the prison system as a potential ``Chernobyl.'' He stated that the
Government was not in a position to ensure standard conditions of
detention in penitentiary institutions and that the system's problems
had become a national concern. According to the PCPR, in order to
forestall a crisis the system was obliged either to fund massive new
construction and reconstruction of facilities--which was unrealistic
under the country's economic conditions--or to reduce the prison
population. Subsequently the Government launched a coordinated effort
to reform criminal procedure, resulting in a reduction of the prison
population. More offenses were moved from the Criminal Code to the
Administrative Code, eliminating incarceration as an option in most
cases. More crimes were shifted to Justices of the Peace, which had
more flexible sentencing structures and could take advantage of a
variety of alternative punishments. In some regions, alternative
penalties such as house arrest and community service joined
incarceration as acceptable penalties. For example, in Murmansk the
local office of the Ministry of Justice actively pursued alternative
punishments, and many convicted offenders were given sentences not
involving incarceration. A similar program was under way in Nizhniy
Novgorod, where it resulted in reductions in the number of persons in
SIZO detention and the time they spent there. The standards of proof
for convictions rose, and the shifting of more responsibilities to
independent arbiters such as the courts decreased the number of cases
opened. These factors combined have begun to reduce the prison
population.
The Government permitted the International Committee of the Red
Cross (ICRC) to work throughout the country, and the ICRC was active
especially in the northern Caucasus. The ICRC carried out regular
prison visits and provided advice to authorities on how to improve
prison conditions. The Government allowed the ICRC access to some
facilities in the northern Caucasus where Chechen detainees were held;
however, the pretrial detention centers and filtration camps for
suspected Chechen fighters were not always accessible to human rights
monitors (see Section 1.g.).
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention remained problems; however, there was progress toward
effective judicial oversight over arrests and detentions. The new Code
of Criminal Procedure gave authorities the means to implement the
constitutional requirement that individuals could be arrested, taken
into custody, or detained beyond 48 hours only upon a judicial
decision. In many cases courts aggressively asserted their new rights,
freeing prisoners in Chechnya, rejecting 15 percent of the requests for
arrest warrants, and rejecting 30 percent of the requests for detention
in some areas. Judges freed suspects whose confessions were taken
without lawyers present or who were held in excess of detention limits.
The Supreme Court overturned a number of cases in which lower court
judges granted permission to detain individuals on what the Supreme
Court considered to be inadequate grounds. The Courts issued strict
instructions to judges to enforce the time limits set on various stages
of detention; however, insufficient time had elapsed by year's end to
permit evaluation of compliance with these instructions.
A new Criminal Procedure Code, passed by the Duma in December 2001,
became effective on July 1, with some provisions to be implemented in
2003. The new Code stipulates that if the police have probable cause to
believe that a suspect has committed a crime, or that the suspect is an
imminent threat to others, they may detain him for not more than 24
hours. During that time, they must notify the procurator, who then has
24 hours to confirm the charge or release the suspect. The Code also
requires that the Procuracy obtain a judicial order for arrest, search,
or seizure. It provides that relatives are to be notified of a
suspect's arrest within 12 hours and that suspects have access to
prompt counsel prior to the first questioning. Pretrial detention for
crimes carrying a sentence of less than 3 years is prohibited unless
the defendant poses a demonstrable flight risk; detention during trial
is limited to 6 months, except where particularly grave crimes are
involved. The new Criminal Procedure Code specifies that within 2
months of a suspect's arrest police should complete their investigation
and transfer the file to the procurator for arraignment. A procurator
may request the court to extend the period of criminal investigation to
6 months in ``complex'' cases with the authorization of a judge. With
the personal approval of the Procurator General, that period may be
extended up to 18 months. Juveniles may be detained only in cases of
grave crimes. The new Criminal Procedure Code includes a formal
procedure for pleading guilty and includes incentives such as shorter
sentences as well as shorter trials. The new Criminal Procedure Code
became effective on July 1, but the Duma had specified that these
provisions regarding detention were to be delayed until January 1,
2004. The Constitutional Court ruled in May that it was
unconstitutional to delay the implementation of judicial oversight
after the new Code was slated to become effective. In response the Duma
amended the new Code in June so that these provisions took effect on
July 1.
However, before July 1, the court system continued to be governed
by the amended Soviet Criminal Procedure Code, under which suspects
often were subjected to uneven and arbitrary treatment. Procurators
were able to issue orders of detention without judicial approval and
police detained suspects for up to 48 hours without a warrant. The PCPR
reported terms of pretrial detention under the previous Code extending
up to 3 years, with the average ranging from 7 to 10 months. However,
in some extreme cases, the PCPR reported total pretrial and during
trial detention periods of up to 5 years due to financial constraints
and poor investigative and court work. Some suspects spent 18 months in
detention under harsh conditions in a SIZO while the criminal
investigation was conducted (see Section 1.c.). Indefinite extensions
of the investigation period without explanation to the detainee were
common, and many suspects did not exercise their rights to request
judicial review of their detention due to fear of angering the
investigating officer. There was no formal procedure for a suspect to
plead guilty during the investigative period, although if a suspect
informed the investigator that he was guilty, the period of the
investigation usually was shorter than if he maintained his innocence.
There also were many credible reports that persons were detained far in
excess of the period permitted for administrative offenses, in some
cases so that police officials could extort money from friends or
relatives of detainees. The practice of detaining individuals
arbitrarily for varying periods of time, both within and in excess of
permissible periods, was common, and often resolved only with bribes.
After July 1, many of the motivations for these acts were reduced, but
abuses still remained.
Families often were denied access to suspects in police detention;
however, stricter oversight generally produced better compliance with
the law. A March 2001 amendment to the Criminal Procedure Code allowed
defendants immediate access to counsel when they have been arrested and
referred for a psychiatric examination; this amendment took effect in
January. Citizens' ignorance of their new rights was a problem. The
Government embarked on a public education program to inform citizens of
their rights and responsibilities under the system introduced by the
new Code of Criminal Procedures, such as the right to a lawyer and the
obligation to serve on juries when called.
Even after July 1, there were credible reports that police
continued abuses. There were credible reports from throughout the
country that police detained persons without observing mandated
procedures and failed to issue receipts for confiscated property. There
were credible reports that security forces regularly continued to
single out persons from the Caucasus for document checks, detention,
and the extortion of bribes. According to NGOs, federal forces commonly
detained groups of Chechen men at checkpoints along the borders and
during ``mopping-up'' operations following military hostilities and
severely beat and tortured them.
Some regional and local authorities took advantage of the system's
procedural weaknesses to arrest persons on false pretexts for
expressing views critical of the Government. Human rights advocates in
some regions have been charged with libel, contempt of court, or
interference in judicial procedures in cases with distinct political
overtones. Journalists, among others, have been charged with other
offenses and held either in excess of normal periods of detention or
for offenses that do not require detention at all (see Sections 2.a.
and 4).
Authorities abrogated due process in several ``espionage'' cases
involving Russians who worked with foreigners who allegedly had
obtained information that the security services considered sensitive
(see Section 1.e.). Although investigations in many of these cases had
continued for a number of years, charges were filed in nearly all of
them in the last days before the new code took effect, in order that
prosecutors could avoid certain procedural protections accorded
defendants.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and there were increasing signs of judicial
independence; however, the judiciary did not act as an effective
counterweight to other branches of the Government. Judges remained
subject to some influence from the executive, military, and security
forces, particularly in high profile or politically sensitive cases.
The judiciary continued to lack sufficient resources and was subject to
corruption.
The judiciary is divided into three branches. The courts of general
jurisdiction, including military courts, are subordinated to the
Supreme Court. These courts hear civil and criminal cases and include
district courts, which serve every urban and rural district, regional
courts, and the Supreme Court. Decisions of the lower trial courts can
be appealed only to the immediately superior court unless a
constitutional issue is involved. The arbitration (commercial) court
system under the High Court of Arbitration constitutes a second branch
of the judicial system. Arbitration courts hear cases involving
business disputes between legal entities and between legal entities and
the state. The Constitutional Court (as well as constitutional courts
in a number of administrative entities of the Russian Federation)
constitute the third branch.
Judges were approved by the President after being nominated by the
qualifying collegia, which were assemblies of judges. These collegia
also had the authority to remove judges for misbehavior and to approve
procurators' requests to prosecute judges.
Justices of the Peace, introduced beginning in 1998, dealt with
criminal cases involving maximum sentences of less than 2 years and
some civil cases. There were more than 4,500 Justices of the Peace
throughout the country by year's end. These judges handled a variety of
civil cases as well as criminal cases. In those areas where the system
of Justices of the Peace had been implemented completely, there was a
significant decrease in backlogs and delays in trial proceedings, both
among those cases referred to the Justices of the Peace and in the
courts of general jurisdiction, because dockets were freed to accept
more serious cases more rapidly. Justices of the Peace were in various
stages of development according to region, but were functioning
nationwide, producing significant reductions in case backlogs and
freeing the courts of general jurisdiction for more serious cases. In
some regions, Justices of the Peace assumed approximately one-half of
federal judges' civil cases and up to 15 percent of their criminal
matters, which eased overcrowding in pretrial detention facilities (see
Sections 1.c. and 1.d.).
Low salaries and a lack of prestige continued to make it difficult
to attract talented new judges and contributed to the vulnerability of
existing judges to bribery and corruption; however, judicial salaries
were increased by 60 percent during the year. Working conditions for
judges remained poor and lacking in physical security, and support
personnel continued to be underpaid. Judges remained subject to
intimidation and bribery from officials and others and were
inadequately protected from intimidation or threats from powerful
criminal defendants.
The new Criminal Procedure Code provides for the strengthening of
the role of the judiciary in relation to the Procuracy by requiring
judicial approval of arrest warrants, searches, seizures, and
detention. Moreover, the new Law on the Status of Judges, approved in
December 2001, was intended to eliminate subjectivity in the selection
of judges; to facilitate access to the judicial profession by
minimizing corruption in the appointment process; and to improve the
accountability of judges by subjecting them to disciplinary and
administrative liability and by introducing age limits. In addition,
judicial training was mandated and strengthened during the year. The
new Criminal Procedure Code also broadened the jurisdiction of Justices
of the Peace to include all crimes with maximum sentences of less than
3 years.
The Constitution provides for the right to a fair trial; however,
this right was restricted in practice. With the introduction of new
criminal procedures, abuses of this right declined; however, it was too
early at year's end to provide an authoritative reassessment of the
situation. Many defendants did not attempt to exercise their right to
counsel, believing that such efforts would be pointless. NGOs reported
that investigators found ways to deny suspects access to counsel, such
as by restricting visiting hours. Suspects often were unable or
unwilling to exercise their right to counsel during pretrial
questioning (see Section 1.d.). Many defendants recanted testimony
given during pretrial questioning, stating that they were denied access
to a lawyer, that they were coerced into making false confessions or
statements, or that they had confessed in order to escape poor
conditions in pretrial detention facilities (see Section 1.c.). In the
past, human rights monitors have documented cases in which convictions
were obtained on the basis of testimony that the defendant recanted in
court, even in the absence of other proof of guilt; however, the new
Criminal Procedure Code specifically excluded such confessions from
evidence.
The Criminal Code provides for the court to appoint a lawyer free
of charge if a suspect cannot afford one. It specifies that an
advocates' collegium president must appoint a lawyer within 24 hours
after receiving such a request; however, this did not always happen in
practice. Lawyers tried to avoid accepting these cases since the
Government did not always pay them. Judges often called upon the
Society for the Guardianship of Penitentiary Institutions to provide
legal assistance for suspects facing charges and trial without
representation. This society operated primarily in Moscow, although it
used its connections throughout the country to appeal to legal
professionals to represent the indigent. However, the high cost of
competent legal representation meant that lower-income defendants often
lacked legal representation.
The new Criminal Procedures Code mandates that all regions have
adversarial jury trials for the most serious offenses in place by
January 1, 2003; since 1994 9 of the country's 89 regions have made use
of adversarial jury trials. In December, citing administrative and
logistical considerations, the Duma passed a law that required 69
regions to adopt the new system by the January 2003 deadline but left
11 to adopt the system at a later time. According to observers, a
majority of defense attorneys, defendants, and the public favored jury
trials and an adversarial approach to criminal justice.
The Independent Council of Legal Expertise has reported that
defense lawyers increasingly were the targets of police harassment,
including beatings and arrests. Professional associations at both the
local and federal levels reported abuses throughout the country,
charging that police tried to intimidate defense attorneys and cover up
their own criminal activities.
Authorities abrogated due process in several ``espionage'' cases
involving foreigners who worked with Russians and allegedly obtained
information that the security services considered sensitive. The
proceedings in these cases took place behind closed doors, and the
defendants and their attorneys encountered difficulties in learning the
details of the charges. Observers believed that the FSB was seeking to
discourage Russians and foreigners from investigating problems that the
security services considered sensitive, and were concerned by the
apparently undue influence of the security services.
In September the Krasnoyarsk Kray court ruled that the prosecutor's
office had committed ``violations of law'' in the case of Valentin
Danilov, a Krasnoyarsk physicist, charged with espionage and fraud for
allegedly selling sensitive information to China. The court returned
the case to the prosecutor's office and released Danilov from prison.
At year's end, the Supreme Court had not completed its review of
the criminal case against Vladimir Shchurov, Director of the Sonar
Laboratory of the Pacific Oceanographic Institute, who was the subject
of a criminal case brought by regional FSB authorities in 2000. NGOs
familiar with the case reported that Shchurov's lawyer was denied
access to many of the details of the charge and that the judge
presiding over the case had unlawfully refused to enter into evidence
documents that the defense attorney believed demonstrated Shchurov's
innocence.
At year's end, Grigoriy Pasko, a military journalist and active-
duty officer in the Pacific Fleet, was being held in a prison near
Vladivostok after having been sentenced in December 2001 to 4 years'
imprisonment for espionage. Both prosecution and defense appealed the
verdict to the military collegium of the Supreme Court in Moscow. At
year's end, Igor Sutyagin, a disarmament researcher with the U.S. and
Canada Institute who had been detained in 1999 on suspicion of
espionage, remained in detention. Sutyagin was accused of passing
classified information about the country's nuclear weapons to a London-
based firm, but the Kaluga regional court ruled in December 2001 that
the evidence presented by the procurator did not support the charges
brought against him and returned the case to the procurator for further
investigation.
Platon Obukhov, a diplomat charged with espionage, was determined
to be mentally ill and at year's end was undergoing treatment in a
psychiatric hospital near Moscow. Yuriy Savenko, head of the
Independent Psychiatric Association of Russia, and other human rights
activists criticized the Obukhov's 2001 trial, charging that the
psychiatric evaluation supervised by the Ministry of Health was
influenced by political considerations and by pressure from the FSB.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, or
Correspondence.--The Constitution states that officials may enter a
private residence only in cases prescribed by federal law or on the
basis of a judicial decision. It permits the Government to monitor
correspondence, telephone conversations, and other means of
communication only with judicial permission. The Constitution prohibits
the collection, storage, utilization, and dissemination of information
about a person's private life without his consent; the 1999 Law on
Operational Search Activity partially implemented these provisions, and
the new Criminal Procedure Code implemented others; however, problems
remained. Authorities continued to infringe citizens' privacy rights.
There were reports of electronic surveillance by government officials
and others. Law enforcement officials in Moscow reportedly entered
residences and other premises without warrants. There were no reports
of government action against authorities who violated these safeguards.
Internet service providers were required to install, at their own
expense, a device that routes all Internet traffic to an FSB terminal.
Those providers that did not comply with the requirements faced either
loss of their licenses or denial of their license renewal. While the
framers of the System for Operational Investigative Measures (SORM-2)
claimed that the regulation did not violate the Constitution or the
Civil Code because it required a court order, there appeared to be no
mechanism to prevent unauthorized FSB access to Internet traffic or
private information without a warrant. In 2000 Communications Minister
Leonid Reyman issued an order stating that the FSB was no longer
required to provide telecommunications and Internet companies
documentation on targets of interest prior to accessing information.
Human rights activists suggested that this order only formalized
existing practices, established since SORM was introduced, of
monitoring communications without providing any information or legal
justification to those being monitored. Despite the 2000 Supreme Court
ruling upholding the requirements that the FSB conduct monitoring only
by court order, the oversight and enforcement of these provisions were
inadequate in practice.
In 2000 President Putin signed the ``Doctrine of Information
Security of the Russian Federation.'' This Doctrine is not, operational
document, and there was no legal basis to ``implement'' it. While the
Doctrine offers general language on protecting citizens' constitutional
rights and civil liberties, it also includes specific provisions that
justify greater state intervention. For example, according to the
Doctrine, law enforcement authorities should have wide discretion in
carrying out SORM surveillance of telephone, cellular, and wireless
communications.
There continued to be allegations that officers in the special
services, including authorities at the highest levels of the MVD and
the FSB, used their services' power to gather compromising materials on
political and public figures as political insurance and to remove
rivals. Similarly, persons in these agencies, both active and retired,
were accused of working with commercial or criminal organizations for
the same purpose. There were credible reports that regional branches of
the FSB continued to exert pressure on citizens employed by foreign
firms and organizations, often with the goal of coercing them into
becoming informants.
Government forces in Chechnya looted valuables and foodstuffs from
houses in regions that they controlled (see Section 1.g.).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts.--In August 1999, the Government began a second war
against Chechen rebels. The indiscriminate use of force by government
troops in the Chechen conflict has resulted in widespread civilian
casualties and the displacement of hundreds of thousands of persons,
the majority of whom sought refuge in the neighboring republic of
Ingushetiya. Attempts by government forces to regain control over
Chechnya were accompanied by the indiscriminate use of air power and
artillery. There were numerous reports of attacks by government forces
on civilian targets, including the bombing of schools and residential
areas. In 2000 Russian forces began a large-scale offensive military
campaign in Chechnya; that offensive campaign largely ended following
federal occupation of most of Chechnya by the late spring of 2000,
although federal forces continued to engage in an intensive anti-
insurgency campaign against Chechen guerillas. In January 2001,
President Putin announced that the active military phase of the
struggle against separatism in Chechnya had been completed successfully
and that an antiterrorist operation under the direction of the FSB
would begin immediately. The antiterrorist operation was marked by
several large-scale clashes and several rebel attacks on population
centers during the summer of 2001. During the year, government forces
carried out a number of ``cleansing'' operations that involved
extensive abuses of civilians.
The security situation prevented most foreign observers from
travelling to the region, and the Government enforced strict controls
on both foreign and domestic media access (see Section 2.a.). Federal
authorities--both military and civilian--have limited journalists'
access to war zones since the beginning of the war in October 1999.
Most domestic journalists and editors appeared to exercise self-
censorship and avoid subjects embarrassing to the Government in regard
to the conflict (see Section 2.a.). These restrictions made independent
observation of conditions and verification of reports very difficult.
Nevertheless there were numerous credible reports of human rights
abuses and atrocities committed by federal forces during the year. A
wide range of reports indicated that federal military operations
resulted in numerous civilian casualties and the massive destruction of
property and infrastructure, despite claims by federal authorities that
government forces utilized precision targeting when combating rebels.
The number of civilians killed as a result of federal military
operations could not be established; estimates of the totals since 1999
vary from hundreds to thousands. The number of civilians injured by
federal forces also could not be verified.
Since August 1999, government forces and Chechen fighters have used
landmines extensively in Chechnya and Dagestan. Reports from hospitals
operating in the region indicated that many patients were landmine or
ordnance victims and that such weaponry was the primary cause of death.
Government officials reported that in Chechnya there were 5,695
landmine casualties during the year, including 125 deaths. The
casualties included 938 children. By comparison there were 2,140
landmine casualties in 2001.
Government operations to ``cleanse'' an area following a rebel
attack on a military block post or a military personnel vehicle
continued periodically throughout the year. On January 3, during a
mopping-up operation in Tsotsin-Yurt, 80 people were severely beaten,
and 3 dead bodies were found after federal troops left the village. On
March 24-25, another ``cleansing operation'' took place in Tsotsin-
Yurt; according to Memorial, all males (300 people) were brought to a
``filtration camp''; 14 were detained without charges, others were
later released or ransomed by their relatives. On March 27, the
Commander-in-Chief of the United Military Forces in Chechnya issued an
order (Order #80) which established rules on how to carry out passport
checks and mopping-up operations. For example, license plates on
military vehicles entering a village should be visible; military
personnel should be accompanied by a representative of the Procuracy
and local officials; when entering a house, military officers should
identify themselves; and all people arrested during a mopping-up
operation should be included in lists which are shared with local
authorities. However, human rights activists reported that this order
frequently was ignored by federal forces. For example, in mid-April
federal forces entered the village of Alkhan-Kala and blocked it:
Memorial reports that there were gross violations of the requirements
established in Order #80.
Tsotsin-Yurt was subject to a mopping-up operation on July 25-29.
After a clash between local militia and rebels, federal forces entered
the village and arrested about 60 people; some males were then
transferred to a building where they were reportedly tortured with
electricity. Memorial reported serious beatings and acts of vandalism
by the federal forces as well as ordinary robberies during this
operation. At year's end, no one had been officially charged or
prosecuted in connection with this operation.
From May 21 to June 11, the Mesker-Yurt village was blocked and
cleared. For 20 days, no one could enter or leave the village. There
were reportedly severe beatings, violence, and harassment by government
troops. Sources from Mesker-Yurt reported that 20 corpses were returned
to the relatives, many of them in fragments, because of a new practice
of blowing up the bodies of those who were tortured. In addition, 20
more persons were missing, and no fragments of their bodies were found.
In addition to casualties attributable to indiscriminate use of
force by the federal armed forces, individual federal servicemen or
units committed many abuses. According to human rights observers,
government forces responding to Chechen attacks at times engaged in
indiscriminate reprisals against combatants and noncombatants alike.
Such reports, not independently verified, included the killing of two
men chosen at random after a mine incident between the villages of
Chiri-Yurt and Novyyee Atagi in January. A similar report described the
shelling by government forces of the village of Tsotsin-Yurt following
a mining incident. A man and a woman were killed as a result of the
shelling.
Command and control among military and special police units often
appeared to be weak, and a climate of lawlessness, corruption, and
impunity flourished. For example, government troops executed at least
60 civilians in Aldi and Chernorechiye in 1999 and 38 civilians in
Staropromyslovskiy in the period December 1999 to January 2000.
According to human rights NGOs, government troops raped woman in
Chechnya in December 1999 in the village of Alkhan-Yurt and in other
villages. There were no reports of accountability for any these actions
by year's end.
During the year, there were no confirmed reports of additional
discoveries of mass graves and ``dumping grounds'' for victims
allegedly executed by government forces in Chechnya; however, there
were no reports by year's end that the Government intended to
investigate earlier cases. In February 2001, relatives of three Chechen
men who had disappeared in December 2000 while in the custody of
Russian soldiers discovered a large number of bodies, belonging to
their relatives and others, near the federal military base at Khankala.
Federal law enforcement officials stated that they had found another 48
bodies from the village. Federal officials denied responsibility.
According to Memorial, government sources varied in their estimates
of the number of missing persons. Memorial noted that in 2000 the
office of Special Presidential Representative for Human Rights in
Chechnya, Kalamanov, recorded an increase in the number of reported
cases of missing persons from approximately 900 in early 2000 to
approximately 3,000 at the end of that year. At the end of 2001, the
local department of the Ministry of the Interior in Chechnya had
recorded approximately 700 missing persons (i.e., persons for whom the
Ministry was searching). Also at the end of 2001, the Chechen
administration's missing persons commission had recorded approximately
1,400 reports of missing persons. On the basis of these sources,
Memorial concluded that between 1,000 and 2,000 persons were missing in
Chechnya at the end of 2001. Memorial also compiled its own list of
missing persons on the basis of verified reports, but it is not
comprehensive; that list contained approximately 300 records at the end
of 2001. Memorial reports that 654 people were reported missing in the
first 9 months of the year.
Armed forces and police units reportedly routinely abused and
tortured persons held at so-called filtration camps, where federal
authorities claimed that fighters or those suspected of aiding the
rebels were sorted out from civilians. Federal forces reportedly
ransomed Chechen detainees (and at times, their corpses) to their
families. Prices were said to range from several hundred to thousands
of dollars. According to human rights NGOs, federal troops on numerous
occasions looted valuables and foodstuffs in regions they controlled.
Many internally displaced persons (IDPs) reported that they were forced
to provide payments to, or were otherwise subjected to harassment and
pressure by, guards at checkpoints. There were some reports that
federal troops purposefully targeted some infrastructure essential to
the survival of the civilian population, such as water facilities or
hospitals. The indiscriminate use of force by federal troops resulted
in a massive destruction of housing, as well as commercial and
administrative structures. Gas and water supply facilities and other
types of infrastructure also were damaged severely. Representatives of
international organizations and NGOs who visited Chechnya also reported
little evidence of federal assistance for rebuilding war-torn areas.
There also were widespread reports of the killing or abuse of captured
fighters by federal troops, as well as by the Chechen fighters, and a
policy of ``no surrender'' appeared to prevail in many units on both
sides. Federal forces reportedly beat, raped, tortured, and killed
numerous detainees.
The Government investigated, tried, and convicted some members of
the military for crimes against civilians in Chechnya; however, there
were few such convictions. It was reported that of the 1,700 cases
filed against servicemen by military procurators, 345 had been stopped
for various reasons, including amnesties, and 360 had been handed over
to the courts. Human rights observers alleged that the Government
addressed only a fraction of the crimes federal forces committed
against civilians in Chechnya.
On December 31, after a trial widely regarded as a test case, a
court acquitted Colonel Yuriy Budanov, charged with abducting and
murdering an 18-year-old ethnic Chechen girl in 2000, on grounds of
temporary insanity. The acquittal came after a lengthy judicial process
in the course of which Budanov had undergone three psychological
examinations by government-appointed experts. The Government's
Commissioner for human rights, Oleg Mironov, called the verdict
``alarming.''
Individuals seeking accountability for abuses in Chechnya became
the targets of government forces. According to Human Rights Watch
(HRW), government troops in June detained Chechen Said-Magomed
Imakayev, who had filed a case with the European Court for Human Rights
(ECHR) regarding the disappearance during detention by Russian forces
of his son in 2000. HRW and Memorial reported that Malika Umazheva--a
Chechen who until September served as the head of administration for
Alkhan-Kala--was killed in November by government forces, in
retribution for her outspokenness about abuses by Russian forces in her
village. HRW also reported attacks by soldiers and Ingush policemen on
activists of the Russia-Chechnya Friendship Society (a human rights
monitoring and advocacy group), and that an activist with the same
group, Luiza Betergeryeva, had been killed by Russian forces at a
checkpoint in December 2001.
On July 18, during a planned city-center ``clean-up'' in Groznyy,
federal forces broke down the door of the Groznyy Human Rights
``Memorial'' receptionroom and entered the offices. Nobody was there at
the time, although an employee arrived a short time later. The
intruders then left without identifying themselves.
International organizations estimated that the number of IDPs and
refugees who left Chechnya as a result of the conflict reached a high
of approximately 280,000 in the spring of 2000 (see Section 2.d.). At
various times during the conflict, authorities restricted the movement
of persons fleeing Chechnya. The most recent estimates put the number
of IDPs in Chechnya at 140,000 with an additional 110,000 in
Ingushetiya. During the year, the authorities closed three refugee
camps, and IDPs returned involuntarily to Groznyy. International
organizations and IDPs suggested that the authorities applied severe
pressure on IDPs to return to Chechnya, an objective denied by
President Putin.
In response to international criticism of the human rights
situation in Chechnya, several federal government bodies were
established to examine alleged domestic human rights violations. In
July President Putin appointed Abdul-Khakim Sultygov as Special
Presidential Representative for Human Rights in Chechnya (replacing
Vladimir Kalamanov). Sultygov's office had branches in Moscow and in a
number of locations in the northern Caucasus to take complaints about
alleged human rights violations. In April 2000, Pavel Krasheninnikov,
Chairman of the State Duma Committee on Legislation, was elected head
of a newly created Independent Commission on Human Rights in the
northern Caucasus. In September 2000, the Commission opened nine
offices in Chechnya and three in Ingushetiya. Sultygov's office and
Krasheninnikov's commission heard several thousand complaints from
citizens, ranging from destruction or theft of property to rape and
murder; however, neither organization was empowered to investigate or
prosecute alleged offenses and had to refer complaints to the military
or civil procurators. Almost all complainants alleged violations of
military discipline and other common crimes. In December the Government
appointed a commission to review complaints about treatment of Chechen
IDPs in Ingushetiya, but its findings were not released by year's end.
For the third year, the Federal government did not comply with a 2001
U.N. Commission on Human Rights resolution calling for a broad-based
independent commission of inquiry to investigate alleged human rights
violations and breaches of international humanitarian law. The
Government refused to renew the mandate of the Chechnya mission of the
Organization for Security and Cooperation in Europe (OSCE), charged
with ``promoting respect for human rights and fundamental freedoms'' in
the territory, which expired on December 31 (see Section 4).
Chechen fighters also committed serious human rights abuses.
According to unconfirmed reports, rebels killed civilians who would not
assist them, used civilians as human shields, forced civilians to build
fortifications, and prevented refugees from fleeing Chechnya. In
several cases, elderly Russian civilians were killed for no apparent
reason other than their ethnicity. As with the many reported violations
by federal troops, there were difficulties in verifying or
investigating them.
On October 23, approximately 41 members of Chechen terrorist groups
took more than 750 persons hostage in a Moscow theater. They threatened
to kill the hostages and themselves unless the Government withdrew its
troops from Chechnya. Chechen field commander Shamil Basayev
subsequently took responsibility for the operation. The effort to
rescue the hostages resulted in 168 persons killed, including 127
hostages (in addition to 2 whom the hostage-takers had killed) and the
41 terrorists, who were shot by the rescuers. Most fatalities among the
hostages were caused by toxic gas introduced by government security
forces in order to subdue the hostage takers. Medical and other
observers claimed that many of the deaths might have been avoided if
the authorities had provided doctors with information that would have
permitted them to administer appropriate antidotes in a timely manner.
The authorities cited security reasons for their refusal.
Chechen fighters planted landmines that killed or injured federal
forces and often provoked federal counterattacks on civilian areas. In
other incidents, rebels took up positions in populated areas and fired
on federal forces, thereby exposing the civilians to federal
counterattacks. When villagers protested, they sometimes were beaten or
fired upon by the rebels.
On May 19, Chechen rebels killed S. Simbarigov, allegedly because
of his cooperation with federal forces. They placed his head near the
building of the local administration of the village of Mesker-Yurt, and
his skinned body was found later in the village outskirts. This episode
provoked additional special operations by federal forces in Mesker-
Yurt, which lasted until June 11.
Chechen fighters also reportedly abused, tortured, and killed
captured soldiers from federal forces. Rebels continued a concerted
campaign, begun in 2001, to kill civilian officials of the Government-
supported Chechen administration. In a December 27 suicide attack on
the Governmental headquarters in Groznyy they killed over 80 persons,
many of them civilians, and wounded many more.
According to Chechen sources, rebel factions also used violence to
eliminate their economic rivals in illegal activities or to settle
personal accounts.
Individual rebel field commanders reportedly were responsible for
funding their units, and some allegedly resorted to drug smuggling and
kidnaping to raise funds. As a result, it often was difficult, if not
impossible, to make a distinction between rebel units and criminal
gangs. Some rebels allegedly received financial and other forms of
assistance from foreign supporters of international terrorism. In
October 2001, presidential spokesman Sergey Yastrzhembskiy claimed that
there were approximately 200 non-Chechen fighters in Chechnya.
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, government pressure on the
media persisted, resulting in numerous infringements of these rights.
Faced with continuing financial difficulties as well as increased
pressure from the Government and large, private companies with links to
the Government, many media organizations saw their autonomy weaken
during the year. The public continued to have access to a broad
spectrum of viewpoints, particularly in the print media. However, by a
variety of means the Government continued to exert influence over
national television and radio, the most widespread sources of
information for the public.
Following the October hostage crisis, the two houses of parliament
passed a broadly worded amendment that would have prohibited the media
from disseminating information that ``hindered an antiterrorist
operation'' or that was ``opposition propaganda against an operation or
an attempt to justify such opposition.'' Following widespread criticism
from the media and international media defense organizations, President
Putin vetoed the amendment on November 25, returning the issue to the
Duma for further consideration.
At times the authorities exerted pressure in a number of ways on
journalists, particularly those who reported on corruption or
criticized officials. They selectively denied journalists access to
information, including, for example, statistics theoretically available
to the public and filming opportunities. On many occasions,
particularly in regions outside Moscow and St. Petersburg, they
demanded the right to approve and then censored certain stories prior
to publication and prohibited the tape recording of public trials and
hearings. They systematically withheld financial support from
government media operations that exercised independent editorial
judgment and attempted to influence the appointment of senior editors
at regional and local newspapers and broadcast media organizations. On
occasion they removed reporters from their jobs, brought libel suits
against journalists, and intimidated and harassed journalists.
Although NTV continued to exercise editorial independence, a state-
affiliated bank bought a 49 percent share of the company's stock in
October from the majority stockholder, the state-controlled energy
firm, Gazprom. Some media analysts interpreted the complex
restructuring of Gazprom's media assets as a continued effort by the
Government to retain influence over the station in the campaigning for
the 2003 Duma and 2004 presidential elections. TV-6 managers teamed up
with a media company co-chaired by former Prime Minister Yevgeniy
Primakov and the head of the Russian Union of Entrepreneurs to form a
new television company, TV Spektrum (TVS). Observers attributed the
station's low audience ratings to a general decline in the demand for
political news and the difficulties experienced by Kiselev's team in
developing new program content. Nevertheless, numerous national and
regional media reflected a variety of opinions.
The Government owned approximately 150 of the 550 television
stations in the country and indirectly influenced private media
companies through partial state ownership of the gas monopoly Gazprom
and the oil company Lukoil, which in turn own large shares of media
companies. Of the three national television stations, the State-owned
Russian Television and Radio (RTR) and a majority of Russiane Public
Television (ORT); it also maintained ownership or control of the major
radio stations Radio Mayak and Radio Rossii and news agencies ITAR-TASS
and RIA-Novosti. The Government owned a 38 percent controlling stake of
Gazprom, which in turn had a controlling ownership stake in the
prominent, privately owned national television station, Nezavisimoye
Televideniye (NTV). Since Gazprom's takeover of NTV in April 2001, the
Government has been in a position to influence NTV's editorial stance,
but at year's end, the station continued to assert its editorial
independence.
The Government owned nearly one-fifth of the 12,000 registered
newspapers and periodicals in the country and attempted to influence
the reporting of independent publications. The financial dependence of
most major media organizations on the Government or on one or more of
several major financial-industrial groups continued to undermine
editorial independence and journalistic integrity in both the print and
broadcast media. The concentration of ownership of major media
organizations, including media outlets owned by the federal, regional
and local governments, remained largely intact and posed a continued
threat to editorial independence. Government structures, banking
interests, and the state-controlled energy giants United Energy Systems
(UES) and Gazprom continued to dominate the Moscow media market and
extend their influence into the regions. Continuing financial
difficulties of most news organizations exacerbated this problem during
the year, thereby increasing their dependence on financial sponsors
and, in some cases, the federal and regional governments. As a result
of this dependence, the media's autonomy and its ability to act as a
watchdog remained weak.
In other important matters as well, private media organizations and
journalists across the country remained dependent on the Government
during the year. As in 2001, the GDF reported that some 90 percent of
print media organizations relied on State-controlled organizations for
paper, printing, or distribution, while many television stations were
forced to rely on the state (in particular, regional committees for the
management of state property) for access to the airwaves and office
space. The GDF also reported that officials continued to manipulate a
variety of other ``instruments of leverage'' (including the price of
printing at state-controlled publishing houses) in an effort to apply
pressure on private media rivals. The GDF noted that this practice
continued to be more common outside the Moscow area. Private print and
broadcast media, like other enterprises, were vulnerable to arbitrary
changes in the policy and practice of tax collection. Although media
routinely continued to receive tax breaks on high-cost items such as
paper, the GDF and other media NGOs documented numerous instances of
government use of taxation mechanisms to pressure media across the
country. The Government also occasionally sought to limit reporting on
tax matters.
In 2000 the FSB office for the Volgograd region tried to impose a
``cooperation agreement'' on a number of local newspapers, including
Volgogradskaya Pravda, Inter, Gorodskiye Vesti, and Delovoye Povlozhye,
which reportedly were pressured into signing the agreement. The
document obliged the newspapers to clear with the FSB prior to
publication all of their reports concerning the FSB and to print
official FSB releases without comment. The locally based Center for
Protection of Media Rights published the agreement, which attracted
media attention across the country and subsequently was opposed by
human rights advocates. No known attempts to enforce the agreement had
been reported by year's end.
Journalists continued to depend on local authorities for
accreditation for major news events. There were widespread reports that
authorities showed favoritism toward reporters associated or aligned
with the federal or local administration, and denied access to
journalists representing independent media organizations.
In July Gleb Pavlovkskiy, head of the Effective Policy Foundation,
sold his web site to the Russian State TV and Radio Company (VGTRK), a
large conglomerate that includes all the Government-owned media assets.
The media community had previously considered the web site to be a de
facto Kremlin media outlet.
Government agencies continued to bring lawsuits and other legal
actions against journalists and journalistic organizations during the
year, the majority of them in response to unfavorable coverage of
government policy or operations. The GDF estimated that several hundred
such cases had been brought in 2001. Judges rarely found in favor of
the journalists; in the majority of cases, the Government succeeded in
either intimidating or punishing them. In July the Central District
Court of Sochi ordered the newspaper Sochi and correspondent Sergey
Zolovkin to pay $3,175 and $1,587 (105,000 and 50,000 rubles), to the
Krasnodar region administration for alleged defamation of 26 judges
from the Krasnodar region. The judge who made the ruling was also one
of the plaintiffs in the case. An article by Zolovkin printed in
September 2000 reported on the lack of transparency of the court
system, while not naming any particular person. Zolovkin left the
country for security reasons in March after surviving an assassination
attempt and was living abroad at the time of the ruling. With some
exceptions, judges appeared unwilling to challenge powerful federal and
local officials. These proceedings often resulted in stiff fines and
occasionally in jail terms. Zolovkin was a reporter for Novaya Gazeta,
a Moscow biweekly newspaper specializing in investigative reporting,
which for several years has been the target of libel suits filed
because of reporting on corruption among elected officials and accounts
of the Government's military campaign in Chechnya.
In February a Moscow municipal judge handed down two rulings
against the newspaper. In the first ruling, a judge ordered the
newspaper to pay Krasnodar region judge Aleksandr Chernov $964,000 (30
million rubles) for a January story alleging that Chernov was living
beyond the means of his monthly salary of $300 (9,000 rubles). In a
separate ruling later that month the judge ordered the newspaper to pay
Mezhprombank $482,000 (15 million rubles) for a story alleging the
bank's involvement in money laundering. The excessive amounts of the
awards (the largest libel award in the country up to that time was
$3,400 (110,501 rubles) drew the attention of media advocacy groups,
which sent letters to the Minister of Justice and the President,
protesting the excessive damage awards, as well as physical threats to
the newspaper's journalists. In April the newspaper settled with
Chernov and agreed to admit to errors in reporting in exchange for
having the suit dropped. In June Mezhprombank announced that it would
not collect its damage award, because it did not want to bankrupt the
newspaper. Commentators claimed the bank was more interested in
avoiding court scrutiny of financial documents that implicated the bank
in money laundering.
Media analysts point to Novaya Gazeta's settlement with Chernov and
its refusal to print a paid announcement for an event called ``A Two
Day World Hunger Strike in Defense of Chechnya'' as proof that lawsuits
against journalists served to reinforce the already significant
tendency toward self-censorship.
There were no discernible repercussions on the press from the
Security Council's June 2000 Information Security Doctrine, which
outlines ``threats to Russian national security'' in the fields of
``mass media, means of mass communication, and information technology''
(see Section 1.f.); however, many observers continued to view it as an
indication that the Kremlin considered the media to be subject to the
administration and control of the Government, and government efforts to
limit critical coverage of its attempt to subdue what it regarded as a
security threat posed by the rebellion in Chechnya were widely seen as
a major impetus for its pressure on the media.
In Moscow in April, police arrested journalists from Ekho TV,
Nezavisimaya Gazeta, and Reuters along with protesters who staged an
unauthorized rally outside the Kremlin protesting the import of nuclear
waste. Police exposed film and confiscated camera and recording
equipment. Stavropol Kray journalists reported that they were not
accredited to report on the President's visit to the flooded area in
July, saying only a select group of Moscow journalists was accredited.
Some journalists in Nizhniy Novgorod reported that neither the Volga
Federal District Presidential Representative nor high-ranking staff
would meet with reporters. They said the envoy's press center would
instead offer information via e-mail or from the official web site.
In Sverdlovsk Oblast, Valentin Zhivulin, the editor-in-chief of the
independent opposition newspaper testified that he was told in April to
leave town or he would ``be in serious trouble.'' Zhivulin was
threatened immediately after his newspaper reported that only two roads
in the city of Irbit had been repaired in 2001, one of which connected
the town hall to the mayor's mansion. In July the city court of Naryan-
Mar abruptly closed a criminal case against Olga Cheburina, the editor
of ``Krasniy Tundrovik,'' for abuse of office and exceeding official
responsibilities. Cheburina's case drew national attention after a
presidential press conference in June, when one of the newspaper's
reporters asked the President his opinion of the corruption
investigation of Nenets governor Viktor Butov. Cheburina was fired a
week later by the newspaper's founders, who included representatives of
the regional administration, the regional legislature, and the
municipal administration. The newspaper board said that her firing was
not connected to the question posed by the reporter.
The Government exerted its influence most directly on state-owned
media. As in 2001, the senior staff of RTR--the station with the most
extensive coverage area--reported that managers offered ``guidance'' to
program announcers and selected reporters, indicating which politicians
should be supported and which should be criticized; criticism of
presidential policies was discouraged strongly and even prohibited.
Correspondents claimed they occasionally were asked to obtain senior
management approval for reports on sensitive political matters prior to
broadcasting; occasionally ``negative'' language was edited out. At
times, high-level presidential administration officials reportedly
complained to RTR executives about reporting they viewed as critical of
the President.
The consequences of the 2001 struggle between Media-Most (owned by
Vladimir Gusinskiy) and Gazprom over control of NTV and other Media-
Most properties continued to be felt. In January 2001, Media-Most
financial chief Anton Titov was arrested on charges of fraud and placed
in pretrial detention, where he remained in October. In September
Gazprom dropped its lawsuit against Media-Most, Vladimir Gusinskiy, and
Anton Titov, saying that the dispute had been settled. Gazprom also
asked the court to release the Media-Most assets that the court had
frozen after Gazprom filed its suit against Media Most in 2000. The
court, however, refused to take into consideration the Gazprom-Media-
Most settlement and did not release the Media-Most assets. On December
24, the Cheremushkinskiy inter-municipal court of Moscow convicted
Titov of misappropriating loans extended by Gazprom to Media-Most in
1998-1999, sentenced him to 3 years in a labor camp, then amnestied
him. Titov was acquitted of charges of money laundering and using
forged documents to mislead the creditor. Titov was first arrested in
January 2001, and spent the past 2 years in pretrial detention until
his amnesty and acquittal.
In September 2001, a provision of the joint stock companies law
that allows a minority shareholder to force the liquidation of
companies showing a negative balance for more than 2 years was invoked
against TV-6, the privately owned television station that had hired a
number of NTV journalists who quit NTV to protest Gazprom's takeover in
April 2001. Minority shareholder Lukoil-Garant, a pension fund that
owned 15 percent of TV-6, won a claim in the Moscow Arbitration Court
to liquidate TV-6's parent company, which was 75 percent owned by the
oligarch, Kremlin critic, and exiled businessman, Boris Berezovskiy.
Media freedom experts generally considered the ruling to be a
government-supported effort to remove TV-6 from the control of
Berezovskiy, accused of financial crimes in an unrelated case, and from
the control of former NTV managers, including general director Yevgeniy
Kiselev.
The Moscow Arbitration Court ruling was upheld by the High
Arbitration Court in January. Later in January, before the
``liquidation'' procedure was formally completed, the Media Ministry
took TV-6 off the air and scheduled an auction date for its
broadcasting frequency on March 27. In February Kiselev resigned as
head of TV-6 and established a new television company, ``Sixth
Channel,'' with financial support from a group of leading businessmen,
which also owned shares in the company. In order to increase its
chances of winning the frequency, the Sixth Channel teamed up with
Media-Sotsium, a media company co-chaired by former Prime Minister
Yevgeniy Primakov, head of the Russian Union of Entrepreneurs, Arkadiy
Volskiy, and entrepreneur Oleg Kiselev. The Sixth Channel and Media
Sotsium established TV-Spektrum (TVS), a new media company in which
Media Sotsium holds the broadcasting license and Sixth Channel provides
programs and retains its editorial independence. In March Media-Sotsium
won the broadcasting license, and in June TV-S started to broadcast on
the former TV-6 frequency. Despite the widespread notion that Primakov
and Volskiy were Kremlin-appointed ``internal censors,'' Kiselev and
other TVS managers and journalists reported that there were no serious
attempts by Primakov or Volskiy to interfere in the Sixth Channel's
editorial policies. Observers attributed the station's low audience
ratings to a general decline in the demand for political news and the
difficulties experienced by Kiselev's team in developing new program
content.
In July Gazprom's media branch, Gazprom-Media, announced that it
had purchased the last of Vladimir Gusinskiy's stock in the media
companies that formerly were part of his Media-Most holding company,
which included a 30 percent stake in NTV and 14.5 percent of
independent radio station Ekho Moskvy. In September, 11 months after
Gazprom announced intentions to sell its media assets, Gazprom
established a new holding company to manage the 23 media companies it
took over from Media-Most in April 2001. The new holding company
replaced Gazprom-Media and was jointly owned by Gazprom and the state-
affiliated Eurofinance Bank. Gazprom retained a 51-percent stake in the
new company and its subsidiaries, while Eurofinance received a 49-
percent share in exchange for repaying the media subsidiaries' $600
million (1.8 billion rubles) debt to Gazprom. The future of Gazprom's
media assets, particularly NTV, has remained a matter of public concern
since Gazprom took them over. Some media analysts believed the complex
financial transaction between two government-owned instruments was a
means to assert control over an influential media outlet, particularly
before the 2003 Duma and 2004 Presidential elections.
In October, in a move that some media advocacy groups associated
with radio broadcasts to Chechnya, President Putin revoked a 1991
presidential decree that authorized Radio Free Europe/Radio Liberty
(RFE/RL) to open a permanent bureau in Moscow and instructed the
Ministry of Foreign Affairs to accredit the bureau. According to press
reports, President Putin attributed the decision to revoke the 1991
decree to a desire to put all foreign bureaus on the same legal footing
and to the belief that the 1994 law on mass media has made Yeltsin's
1991 decree obsolete. A statement issued by the Presidential
Administration said that RFE/RL's editorial policies, ``despite the end
of the Cold War,'' had in recent years become ``biased,'' especially
those of its Chechen and Ukrainian services, but also indicated that
revocation of the 1991 decree was unrelated to RFE/RL editorial
policies.
At times local government officials actively restricted freedom of
the press, particularly during election periods. GDF reported numerous
violations of journalists' rights during elections. For example,
reporters from the newspapers Nezavisimaya Gazeta and Komsomolskaya
Pravda were denied access to a polling station in Voronezh during city
council elections; armed police in Volgograd prevented New Wave Radio
and Alternative Broadcasting News correspondents from observing vote
counting during mayoral elections. The Moscow City Electoral Commission
prevented correspondents from Novyye Izvestiya newspaper and Russian
Public Television (ORT) from attending a meeting where the registration
of mayoral candidates would be discussed, on the grounds that ORT would
draw ``a distorted picture of the Commission's performance.''
Journalists who published critical information about local
governments and influential businesses, as well as investigative
journalists writing about crime and other sensitive issues, continued
to be subjected to death threats, threats of beatings, and other
physical violence by unknown assailants. Assailants also frequently
attacked journalists physically, although in most cases no direct link
was established between the assault and the authorities who reportedly
had taken offense at the reporting in question. A number of independent
media NGOs characterized beatings by unknown assailants of journalists
as ``routine,'' noting that those who pursued investigative stories on
corruption and organized crime found themselves at greatest risk.
During the year, a number of individuals whose occupations were
related to the media were killed or reported missing, and scores were
attacked, drawing protests from international media defense
organizations. The International Press Institute voted unanimously in
May to keep the country on its watch list of countries that ``retain
the essential elements of democracy, but which have entered a
repressive phase,'' or countries with the means to halt attacks on
media. The NGO Glasnost reported 25 killings of journalists during the
year; however, other observers noted that not all of the killings had
been linked to the victims' occupations. In the following cases,
colleagues and police considered the victims' professions to be the
motive for the crimes against them: On March 11, Natalya Skryl, a
journalist for the Taganrog-based newspaper Nashe Vremya, was killed by
a blow to the head. Sergey Kalinovskiy, editor-in-chief of the
newspaper Moskovskiy Komsomolets-Smolensk, disappeared on December 14,
2001; his body was found on April 1. Valeriy Ivanov, editor-in-chief of
Tolyattinskoye Obozreniye, was shot dead on April 29 in Tolyatti. On
May 19, Aleksandr Plotnikov, founder of the newspaper Gostinyi Dvor,
was found murdered in Tyumen Oblast. Nikolay Vasilyev, a local Chuvash
reporter, was robbed and beaten to death on August 18 in Cheboksary.
Igor Salikov, head of information security for Moskovskiy Komsomolets-
Penza, was shot to death on September 21 in Penza. Also in Penza, the
editor of Lyubimiy Gorod newspaper was beaten unconscious on August 11.
The next day, Yuriy Frolov, deputy director of Propaganda Publishing,
was abducted and had not been located by year's end. On August 14,
Viktor Shamayev, crime reporter for Penzenskaya Pravda and editor of
the newspaper Dlya Sluzhbenovo Polzovaniya, was abducted in Arbekov,
tied up and beaten and told to give up journalism and leave town. He
was subsequently released and was reported to have remained in Arbekov.
In February Ilyas Magomedov, head of an independent Groznyy Television
channel, disappeared after leaving his home in Beloreche on February
21.
The northern Caucasus region continued to be one of the most
dangerous regions for journalists. Kidnapping and assaults remained
serious threats. On September 26, British free-lance television
journalist Gervaise Roderick John Scott was killed during fighting in
Ingushetia between Chechen fighters and government forces. Federal
authorities--both military and civilian--limited journalists' access to
war zones and confiscated reports and equipment. On August 16,
government soldiers confiscated accreditation documents and equipment
belonging to ORT and TV Tsentr journalists as they were interviewing
Chechens fleeing their village. The Government required reporters to
obtain special accreditation besides the usual Foreign Ministry
accreditation for entry to the region. Foreign journalists have also
publicly complained that military officials in the northern Caucasus
region made it excessively difficult for them to obtain local press
accreditation.
The courts did not respond by year's end to an appeal of a Supreme
Court ruling upholding some of the charges against Olga Kitova, a
correspondent for Belgorodskaya Pravda and a member of the Belgorod
regional parliament. Authorities harassed Kitova because of her
reporting on regional government officials. She was arrested in March
and May of 2001 and suffered a heart attack while being held in
pretrial detention. After a series of trials and motions, she received
a 2 \1/2\-year suspended sentence on libel charges, and her lawyers
filed an appeal with the Supreme Court. In July the Supreme Court
reduced her extended jail time by 5 months and dropped some of the
charges.
There were no leads in the cases of two journalists killed in 2001.
Vladimir Kirsanov, a local newspaper editor from Kurgan, was reported
missing in May 2001 after his bloodstained documents were found on the
bank of the Tobol River in Kurgan. Eduard Markevich, editor of Novyye
Reft, was shot and killed in September 2001. The cases of journalists
killed in 2000 remained unsolved, including: Radio Free Europe/Radio
Liberty correspondent Iskander Khatloni, who had been investigating
alleged human rights abuses by the federal military in Chechnya; the
July 2000 killing of Igor Domnikov, a journalist with Novaya Gazeta;
and the July 2000 killing of Sergey Novikov, president of the
independent radio station Vesna.
On June 26, a court acquitted six defendants, including a former
intelligence chief of the airborne infantry, Colonel Pavel Popovskikh,
three other officers, and two civilians, on charges of the 1994 murder
of Dimitriy Kholodov, military affairs correspondent for the news daily
Moskovskiy Komsomolets. The court cited lack of evidence against the
defendants and also acquitted them of malfeasance and misappropriation
of ammunition and explosives.
The well-known Novaya Gazeta reporter Anna Politkovskaya, who
gained international recognition and received death threats because of
her reporting on Chechnya, was forced into hiding in 2001. In October
her lawyer reported that she was provided with federal guards after
receiving death threats from Sergey Lapin, a member of the OMON
(special forces unit of the Ministry of Interior), because of her
article concerning the disappearance of Zelikhman Murdalov, a man
arrested by OMON forces in Chechnya in January 2001. A criminal case
against Lapin remained open at year's end.
In May and June 2001, a poll conducted among adults throughout the
country by the Institute for Comparative Social Research reported that
7 percent of adults had access to the Internet and that Moscow and St.
Petersburg had the highest number of users. Access appears to have been
unrestricted, but the Government required Internet service providers to
provide dedicated lines to the security establishment so that police
could track private email communications and monitor activity on the
Internet. The system of operative and investigate procedures (SORM-2)
continued during the year to limit the electronic privacy of both
citizens and foreigners (see Section 1.f.).
The Government did not restrict academic freedom; however, during
the year human rights activists questioned whether the Sutyagin case
and others discouraged academic freedom and contact with foreigners on
issues that might be deemed sensitive (see Section 1.e.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly, and the Government generally
respected freedom of assembly; however, at times local governments
restricted this right. Organizations were required to obtain permits in
order to hold public meetings and the application process had to be
initiated between 5 and 10 days before the scheduled event. Religious
gatherings and assemblies do not require permits. While the Ministry of
Justice readily granted permits to demonstrate to both opponents and
supporters of the Government, some groups were either denied permission
to assemble, or had their permission withdrawn by local officials after
Ministry of Justice officials had issued them. For example, in May 2001
authorities in Podolsk denied a permit to the Anti-Militarist Radical
Association and the Radical Party to hold a demonstration against the
war in Chechnya in front of the Podolsk military commissariat
(``voyenkomat''), claiming that most of the event's potential
participants were not residents of Podolsk but of Klimovsk, another
town in the same region. In June 2001, Presnya district authorities in
Moscow denied organizers a permit to hold a demonstration in front of
the International Trade Center, claiming that the location was too
close to potentially explosive and flammable installations; officials
denied the permit without giving the organizers the required 3 days'
notice. The demonstrators intended to protest the decision to hold the
2008 Olympics in Beijing, citing China's human rights record. In August
police disrupted a planned peace march from Groznyy to Moscow by
invoking their legal authority to conduct document checks; several
persons were detained for lacking registration permits (see Section
2.d.).
The Constitution provides for freedom of association, and the
Government generally respected this right in practice. Public
organizations must register their bylaws and the names of their leaders
with the Ministry of Justice.
Government efforts to increase cooperation with NGOs, including
President Putin's civic forum held with many of them in 2001 and in
December, enhanced their standing in society, but some NGOs feared that
they represented an effort by the Government to enhance its influence
over them. Although the 1-year anniversary of the Civic Forum was
celebrated November 22-24 in Samara, NGOs generally expressed
disappointment at the lack of tangible results of the initiative.
By law political parties must have 10,000 members in order to be
registered and function legally, with no less than 100 members in a
majority of the country's 89 regions (see Section 3).
c. Freedom of Religion.--The Constitution provides for freedom of
religion; however, in some cases the authorities continued to impose
restrictions on some groups and there were increasing indications that
the security services may be treating the leadership of some minority
religious groups, particularly Roman Catholics, as security threats.
The Constitution also provides for the equality of all religions
before the law and the separation of church and state; however, in
practice the Government did not always respect the provision for
equality of religions. Many religious minority groups and NGOs
complained of what they believed was a confluence between the Russian
Orthodox Church and the state. Public statements by some government
officials and anecdotal evidence from religious minority groups
suggested that the Russian Orthodox Church increasingly enjoyed a
status that approaches official. In its preamble, which some
authorities denied had the force of law, the 1997 Law on Freedom of
Conscience recognized the ``special contribution of Orthodoxy'' to the
country's spirituality and culture. The Church has entered into a
number of agreements with government ministries that have raised the
question of favoritism. For example, the Russian Orthodox Church
appears to have had greater success reclaiming prerevolutionary
property than other groups. Also, many religious workers believe that
the Russian Orthodox Church played a role in the cancellation of visas
held by foreign religious workers.
The 1997 law regulating religious practice limits the rights,
activities, and status of religious ``groups'' existing in the country
for less than 15 years and requires that religious groups exist for 15
years before they can qualify for ``organization'' status, which
conveys juridical status. All religious organizations were required to
register or reregister by the end of 2000 or face liquidation
(deprivation of juridical status). Groups that were unregistered
previously, including groups new to the country, were severely hindered
in their ability to practice their faith. The Ministry of the Press
reported that as of January 1, 20,441 organizations were registered.
Religious minority denominations and NGOs reported that a number of
groups were liquidated despite repeated attempts to reregister; some of
these cases were being challenged in court. At year's end, a number of
government working groups were reported to be preparing possible
changes and amendments to the 1997 law. However, no new changes were
made to the law by year's end.
Treatment of religious organizations, particularly minority
denominations, varied widely in the regions, depending on the attitude
of local offices of the Ministry of Justice. In some areas such as
Moscow, Khabarovsk, and Chelyabinsk, local authorities prevented
minority religious denominations from reregistering as local religious
organizations, as required by law, subjecting them to campaigns of
legal harassment. For example, Jehovah's Witnesses continued to contest
the rejection by the Moscow department of the Ministry of Justice of
its repeated applications to reregister under the 1997 law; however, at
year's end, the courts continued to uphold those denials. In addition,
the procurator for Moscow's northern administrative circuit continued
his efforts to ban Jehovah's Witnesses. Despite earlier efforts to
defend themselves against a ban in Moscow's Golovinskiy Intermunicipal
Court, a new trial on this issue began in that same court on October 30
and was ongoing at year's end. Pending the outcome of a court-ordered
study to determine the potential negative effects of Jehovah's
Witnesses literature on society and a random survey to further evaluate
these effects and assess the public's attitudes towards the religion,
Jehovah's Witnesses in Moscow were not allowed to reregister. As a
result, they continued to experience problems in leasing space. Outside
of Moscow, Jehovah's Witnesses have been denied registration in
Chuvashiya and Tver but successfully registered in Novgorod.
Many religious groups continued to contest administrative actions
against them in the courts. While such cases are often successful in
court, administrative authorities are at times unwilling to enforce
court decisions. The Constitutional Court ruled as unconstitutional the
2001 liquidation of the Moscow chapter of the Salvation Army by a local
court. While the Salvation Army has not yet been cleared to reregister,
the group continued to operate at year's end. Efforts to liquidate the
Moscow branch of the Church of Scientology were defeated in the courts.
At year's end, the Church continued to be engaged in legal battles in
other localities.
The Moscow Department of Justice (DOJ), a branch of the Ministry of
Justice, filed a liquidation suit in 2001 against the Moscow branch of
the Church of Scientology, but the Church won both the suit and ensuing
DOJ appeal in July. While the Moscow Church had not been cleared to
reregister by October, the group continued to operate. The
Scientologists filed a suit with the ECHR against the liquidation
order. The St. Petersburg branch of the Church of Scientology filed an
application to register in February, but was refused twice. In
Khabarovsk the local Department of Justice filed for the liquidation of
the Dianetics Center. The Church of Scientology lost on appeal and the
case was under consideration by the federal Supreme Court. In a related
case, the director of the Dianetics Center was convicted on criminal
charges of the illegal practice of medicine and education. She lost on
appeal and was given a suspended sentence of 6 years. Local media
attention included references to ``totalitarian sects'' in their
coverage. The case was also under consideration by the Supreme Court.
The Church of Jesus Christ of Latter-day Saints (Mormons)
administered 38 locally registered organizations; however local
officials rejected registration attempts in Ryazan, Kazan, Shakhty, and
Chelyabinsk. A suit was filed with a local court in Chelyabinsk,
questioning the repeated refusals of the authorities to register the
Church. The case was pending at year's end. The Church's organizations
experienced initial problems registering in Khabarovsk and Nakhodka but
were ultimately successful.
The Vanino Baptist Church in Khabarovsk continued to experience
difficulties in registering and operating in its own building, despite
winning its rights in a court case in August. Dan Pollard continued to
be denied a visa despite a court order removing his name from a list of
individuals to be denied visas.
A Muslim community spokesman confirmed that as of October, 3,186
Muslim groups were registered, up from 3,048 in 2001. Rival Muslim
groups continued to accuse each other of ``Wahhabism'' (see Section 5).
This pejorative label may have had a detrimental effect on
reregistration in certain regions and has made local ethnic Russians
more wary of Muslim religious organizations.
Reports continued that some local and municipal governments
prevented religious groups, including congregations of Jehovah's
Witnesses, Protestants, Catholics, Mormons, and Hare Krishna from using
venues suitable for large gatherings and from acquiring property for
religious uses. In August Catholics in Yaroslavl were barred from
building a new church on a previously approved plot of land. Jehovah's
Witnesses reported difficulties obtaining permission to build. In
Volgograd the Church of Jesus Christ of Latter-day Saints successfully
filed suit against an order preventing them from registering as owners
of their newly constructed hall.
Property disputes continued to be among the most frequent
complaints cited by religious groups. In accordance with a presidential
decree, some synagogues, churches, and mosques have been returned to
communities to be used for religious services. According to the
Government, requests for restitution may be considered by the official
entities responsible for the properties in question. In the context of
the Duma's adoption of a new law allowing for private land ownership,
Russian Orthodox officials and politicians raised the issue of
restitution of church lands taken after the 1917 Bolshevik revolution.
Other religious groups also expressed interest. No action was taken by
year's end.
Some minority groups expressed concern over the release in November
by the Minister of Education of an optional course entitled ``Orthodox
Culture'' for introduction into the public school curriculum. The
course would be a part of the general curriculum beginning in primary
school. Courses on religion were already offered in a number of
regions, but critics expressed concern that school administrators
throughout the country would see the release of this document as
central government encouragement of such courses. Following complaints,
including some from minority religious leaders, the Ministry emphasized
that enrollment in the course would be voluntary.
The Government continued to deny foreign religious workers visas to
return to the country. In the case of Roman Catholics, these efforts
were accompanied by deportations. Five leading Roman Catholic officials
were either deported, barred entry, or denied visa renewals during the
year: Stefano Caprio, an Italian priest based in Vladimir; Jerzy Mazur,
a bishop of Polish-Belorussian descent based in Irkutsk; Stanislav
Krajniak, a Slovakian priest based in Yaroslavl; Edward Mackiewicz, a
Polish priest based in Rostov-on-Don; and Jaroslaw Wisnewski, a Polish
priest (and Russian permanent resident) based in Sakhalin. According to
officials of the Ministry of Foreign Affairs, the priests were expelled
on security grounds. In September a court in Krasnodar ordered the
deportation of Swedish Evangelical missionary Leo Martensson. Two
Mormon missionaries were ordered deported from Khabarovsk in September,
but they successfully challenged the order.
The Government also continued to deny other foreign missionaries
visas to return to the country, reportedly as a result of earlier
conflicts with authorities.
In 2001 the Supreme Court rejected the Belgorod local procurator's
challenge to a local law restricting missionary activity. The law also
restricted the missionaries' use of local venues for religious
meetings. Foreigners visiting the region are forbidden to engage in
missionary activity or to preach unless the conduct of missionary
activity had been stated in their visas. The Office of the Human Rights
Ombudsman reported its disagreement with the law and attempted to
convince the Belgorod court to reverse the decision, but there were no
further changes to the law by year's end.
Representative offices of foreign religious organizations are
required to register with state authorities. They are barred from
conducting liturgical services and other religious activity unless they
have acquired the status of a group or organization. Although the law
officially requires all foreign religious organizations to register, in
practice foreign religious representatives' offices (those not
registered under law) have opened without registering or have been
accredited to a registered religious organization. However, those
offices are not permitted to conduct religious activities and do not
have the status of a religious ``organization.''
Reports of official harassment and punishment for religious belief
or activity continued. Most difficulties appeared to originate with
local officials; however, some religious minority denominations
believed that these officials continued to be influenced by a 1999
manual sent by the Procurator General to regional branches of the
Procuracy encouraging challenges to their registration. Some groups
also accused the FSB and other Federal agencies of continuing
harassment of certain ``nontraditional'' denominations, in particular
Pentecostals, Scientologists, Jehovah's Witnesses, Mormons, and the
Unification Church. For some, notably Catholics, the level of
harassment increased. Churches were targeted for ostensible criminal
investigations, landlords pressured to renege on contracts, and in some
cases, the security services may have influenced the Ministry of
Justice in registration applications. Such groups continued to face
discrimination in their ability to rent premises and conduct group
activities. For example, the Moscow Protestant Chaplaincy's long tenure
at a local community center was inexplicably interrupted in July, and
at year's end, the group had not yet managed to secure a new space.
Contradictions between federal and local law in some regions and
varying interpretations of the law gave some regional officials
pretexts to restrict the activities of religious minorities.
Discriminatory practices at the local level were attributable to the
relatively greater susceptibility of local governments to lobbying by
majority religions, as well as to discriminatory attitudes that were
widely held in society. For example, articles heavily biased against
religions considered ``nontraditional'' appeared regularly in both
local and national press. There were reports of harassment of members
of religious minority groups. Several religious communities were forced
to defend themselves in court from charges by local authorities that
they were engaging in harmful activities; however, at times local
courts demonstrated their independence by dismissing frivolous cases or
ruling in favor of the religious organizations. In other cases,
authorities sometimes were slow to carry out, or refused to carry out,
such rulings and in many cases appealed the rulings.
The Pentecostal Church in Azbest complained about harassment by
local officials that included an organized roundtable to discuss the
negative effects of the religion. In addition, the local church was
vandalized. A spokesman for the Pentecostal Church reported numerous
complaints of official harassment throughout the country. Officials in
Khabarovsk were quoted in the media as referring to Pentecostals, the
Church of Jesus Christ of Latter-day Saints, and others as
``totalitarian sects.''
During the year, the Government was more active in preventing or
reversing discriminatory actions taken at the local level, by more
actively disseminating information to the regions and, when necessary,
reprimanding the officials at fault. President Putin also has sought
stricter and more consistent application of federal laws in the many
regions of the country. Working through the Procuracy, the Ministry of
Justice, the Presidential Administration, and the courts, the
Government has persuaded the regions to bring their laws into
conformance with federal laws and with the Constitution. Pressure at
the federal level reportedly led local officials to rescind an order to
dissolve a Muslim mosque in Vologda. The Presidential Academy of State
Service also has worked with religious freedom advocates such as the
Slavic Center for Law and Justice to train regional and municipal
officials in the proper implementation of the law.
While religious matters were not a source of societal hostility for
most citizens, relations between different religious organizations
frequently were tense, particularly at the leadership level, and
members of individual minority religions continued to encounter
prejudice and societal discrimination, and in some cases violence.
Authorities usually investigated incidents of vandalism and violence,
but arrests of suspects were extremely infrequent and convictions were
rare.
Muslims, Catholics, Jews, and members of other minority religions
continued to encounter prejudice and societal discrimination. In
September unknown assailants shot at the windows of the Catholic church
in Rostov.
Hostilities toward ``nontraditional'' religious groups reportedly
sparked occasional harassment and even physical attacks. In July a
Mormon in Gatchina, in Leningrad Oblast, was threatened with arrest for
illegal picketing (he was displaying a signboard on a city street). In
October 2001, police arrested five suspects believed to have been
involved in tossing a Molotov cocktail into the Moscow headquarters of
the Church of Scientology in 2001; the church had received bomb threats
by telephone prior to the incident. In February one of the five
defendants was found guilty and sentenced to 2 years in jail.
By various estimates, Muslims form the largest religious minority,
but they continued to face societal discrimination and antagonism in
some areas. Discriminatory attitudes have become stronger since a group
of Chechen rebels took 750 hostages in a Moscow theater in November
(see Section 1.g.). The authorities, the media, and the public have
been quick to label Muslims or Muslim organizations ``Wahhabists,'' a
term that has become synonymous with ``extremists.''
Although Jewish leaders have stated publicly that the State-
sponsored anti-Semitism of the Soviet era no longer exists, Jews
continued to face prejudice, social discrimination, and some acts of
violence. Anti-Semitic leaflets, graffiti, and articles continued to
appear in some regions. For example, in July swastikas were drawn on
the fence around the St. Petersburg synagogue. Anti-Semitic themes
continued to figure in some local publications around the country,
unchallenged by local authorities. During the year, unknown persons
vandalized synagogues, Jewish cemeteries, and memorials.
There were also numerous cases of anti-Semitic signs rigged with
explosive devices calling for ``Death to Kikes'' and other slogans. The
devices detonated when unknowing citizens attempted to remove the
signs, resulting in severe wounds or death. In May President Putin
publicly recognized Tatyana Sapunova, the victim of one widely
publicized incident. In April boxes with anti-Semitic signs but no
explosives were found in Moscow outside a maternity ward and at the
airport in Krasnoyarsk.
Vandals desecrated tombstones in cemeteries dominated by religious
and ethnic minorities in numerous cases. They included: An Armenian
cemetery in Krasnodar in April, Muslim tombs in a Volgograd cemetery in
July, a cemetery in the Moscow region for war prisoners in June,
several cemeteries in Irkutsk in July, 400 tombs in Moscow in
September, and several acts of vandalism in Kaliningrad. These attacks
usually were accompanied by swastikas and other ultra-nationalist
symbols. In December Human Rights Ombudsman Mironov called for
increased tolerance in a multi-ethnic and multi-religious Russia after
an incident in Kostroma where a group of young men scrawled anti-
Semitic graffiti on a synagogue and broke several windows.
During the year, there were many instances of politically or
religiously motivated violence against religious workers in the
northern Caucasus.
The Office of Human Rights Ombudsman Oleg Mironov includes a
department dedicated to religious freedom issues. This department
received 40 complaints from individuals and groups about infringements
of religious freedom. Of these, 10 were resolved in favor of the
plaintiffs with the help of the Ombudsman's office. Mironov continued
to criticize the 1997 Law on Freedom of Conscience and to recommend
changes to bring it into conformity with international standards and
with the Constitution.
Although the Constitution mandates the availability of alternative
military service to those who refuse to bear arms for religious or
other reasons of conscience, in practice no such alternative exists.
The Slavic Law Center handled several cases of persons who refused to
perform military duty based on their religious convictions.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government placed restrictions on freedom of
movement within the country, migration, and foreign travel.
The Government has imposed registration requirements on domestic
travel. All adults are issued internal passports, which they must carry
while traveling and must register with local authorities for visits of
more than 3 days (in Moscow for visits more than 24 hours); however,
travelers not staying in hotels usually ignored this requirement. These
internal passports also are required for obtaining many governmental
services. There have been several disputes between the central
authorities and regional governments regarding the internal passports.
The Constitution provides citizens with the right to choose their
place of residence freely; however, some regional governments continued
to restrict this right through residential registration rules that
closely resemble the Soviet-era ``propiska'' (pass) regulations.
Although authorities justified the rules as a notification device
rather than a control system, their application produced many of the
same restrictive results as the propiska system. Citizens must register
to live and work in a specific area within 7 days of moving there.
Citizens changing residence within the country, as well as persons with
a legal claim to citizenship who decide to move to the country from
other former Soviet republics, often faced great difficulties or simply
were not permitted to register in some cities. Corruption in the
registration process in local police precincts remained a problem.
Police demanded bribes when processing registration applications and
during spot checks for registration documentation. UNHCR and refugee
rights NGOs cited Stavropol, Krasnodar, Moscow, and St. Petersburg as
being the cities least open to migrants (although some NGOs dispute
including St. Petersburg on this list). The fees for permanent and
temporary registration remained low. The Government and city
governments of Moscow and other large cities defended registration as
necessary in order to control crime, keep crowded urban areas from
attracting even more inhabitants, and earn revenue. The City of Moscow
-was forced to defend its registration requirement in court. Despite
nearly 3 years of litigation, the registration requirement remained in
effect, and the practice--which police reportedly used mainly as a
means to extort money--continued at year's end.
While federal law provides for education for all children in the
country, regional authorities frequently denied access to schools to
the children of unregistered persons, asylum seekers, and migrants
because they lacked residential registration (see Section 5).
According to NGOs, the city of Moscow and some others frequently
violated the rights of nonresidents and ethnic minorities, as well as
the rights of those legitimately seeking asylum. Moscow police,
particularly special duty OMON units, conducted frequent document
checks, particularly of persons who were dark-skinned or appeared to be
from the Caucasus. There were many credible reports that police imposed
fines on unregistered persons in excess of legal requirements and did
not provide proper receipts or documentation of the fine. According to
HRW and church ministries tracking interethnic violence, it was not
unusual for darker-skinned persons to be stopped at random and for
officers to demand bribes from those without residence permits.
According to the Moscow Helsinki Group's 2001 human rights report,
during 1989-90, approximately 90,000 Meskhetian Turks, an ethnic group
many of whose members had been deported from the Soviet Republic of
Georgia during World War II, were forced by ethnic conflicts to leave
the Soviet Republic of Uzbekistan where they had settled. At the end of
the year, an estimated 60,000 Meskhetian Turks remained in the Russian
Federation. Of these, more than 13,000 had settled in Krasnodar Kray,
and approximately 700 had settled in the Kabardino-Balkariya Republic.
Authorities in Krasnodar Kray and the Karbardino-Balkariya Republic
continued to deny the Meskhetian Turks the right to register, which
deprived them of all rights of citizenship, despite provisions of the
Constitution that entitled them to citizenship. Meskhetian Turks living
in Krasnodar, like other ethnic minorities, were subject to special
registration restrictions; for example, they were required to register
as ``guests'' every 45 days. The administration of Krasnodar Governor
Tkachev appeared to be attempting to use economic measures to force the
Meskhetians to leave the territory. According to Memorial, in the
winter of 2001-02 the authorities prohibited them from leasing land and
cancelled existing leases for the 2002 crop season. Other measures
imposed on them included a prohibition on employment or commercial
activity in local markets.
The Constitution provides all citizens with the right to emigrate.
The Government imposed nominal emigration taxes, fees, and duties. On
average it took 3 months to process a passport application, although it
can take much longer if documentation is needed from elsewhere in the
former Soviet Union.
A Soviet requirement that citizens receive a stamp permitting
``permanent residence abroad'' (PMZh) in order to emigrate--essentially
a propiska for those living outside the country--was formally abolished
in 1996; however, implementation of the law (which had been scheduled
to go into effect early in 1997) remained incomplete. According to the
International Organization for Migration (IOM), border guards continued
to require a PMZh-like stamp of all emigrants, and OVIR continued to
issue it.
If a citizen has had access to classified material, police and FSB
clearances were necessary in order to receive an external passport.
Persons denied travel documents on secrecy grounds could appeal the
decision to an Interagency Commission on Secrecy chaired by the First
Deputy Foreign Minister. The Commission may not rule on whether the
material should or should not be classified, but it may rule on the
legality of travel restrictions imposed and on whether or not the
traveler actually had access to materials requiring a travel
restriction. During the year, the Commission granted travel permission
to approximately 78 percent of applicants. The 1996 law states that
access to classified material may occur only with the consent of the
citizen, established in the form of a written contract, which states
that the signatory understands that he has been given access to state
secrets and that his ability to travel abroad may be restricted. The
law envisions a maximum period of delay under normal circumstances of 5
years, and it grants the interagency Commission on Secrecy the right to
add an additional 5-year term to the period of delay if the Commission
finds that a person had access to particularly sensitive materials.
This latter provision raised serious concerns among human rights
advocates who monitor government restrictions on foreign travel;
however, there were no reports that the provision was applied during
the year.
Other grounds for denial of the right to travel abroad were:
Military conscription, assignment to civilian alternative service,
being under criminal investigation, serving a sentence for a crime,
evasion of a court-ordered obligation, or providing false information
on a passport application.
Emigrants who resettled permanently abroad generally have been able
to visit or repatriate without hindrance; however, visiting emigrants
who departed without first obtaining a PMZh stamp have been stopped at
the border and prevented from departing the country again (although
they may enter without difficulty), since they could present neither a
nonimmigrant visa to another country nor evidence of permission to
reside abroad legally.
International organizations estimated that the number of IDPs and
refugees who left Chechnya as a result of the conflict reached a high
of approximately 280,000 in the spring of 2000. At year's end, an
estimated 110,000 IDPs from Chechnya were residing in Ingushetiya, many
of them in camps, and 140,000 IDPs in various parts of Chechnya. There
were reports of approximately 4,500 Chechen IDPs in Dagestan, 2,500 in
North Ossetiya, and 4,000 in Georgia. Approximately 20,000 Chechen IDPs
reportedly went to other regions of the country. In addition to ethnic
Chechen IDPs, almost the entire population of ethnic Russians, ethnic
Armenians, and Jews left Chechnya as a result of both the conflict that
began in 1999 and the war of 1994-96.
Government officials stated publicly that they would not pressure
or compel IDPs to return to Chechnya; however, at the same time,
federal and local authorities consistently stated their determination
to repatriate all IDPs back to Chechnya as soon as possible.
Representatives of the Chechen administration visited camps in
Ingushetiya to encourage IDPs to return to Chechnya, usually to
temporary IDP facilities; many who did so quickly returned to
Ingushetiya because of a lack of facilities and a lack of security in
the temporary facilities for IDPs in Chechnya. Toward the end of the
year, the authorities employed various degrees of pressure to force the
IDPs to return. Authorities announced that the IDP camps, which housed
20,000 IDPS, would be closed by the end of December; one of the camps,
at Aki-Yurt, was closed in early December, ostensibly for health
reasons, and two at Znamennskoye in Chechnya were closed in July.
However, following domestic and international protests, President Putin
reiterated the assurance that no one would be repatriated involuntarily
and that he would review the policy. At times the border between
Chechnya and Ingushetiya was closed because of military operations.
Federal border guards and police officers on the border between
Chechnya and neighboring regions--and at checkpoints within the
country--required travelers to pay bribes. Some Chechens also had
trouble traveling because their documents were lost, stolen, or
confiscated by government authorities (see Section 1.g.). Officials
stopped registering IDPs in Ingushetiya in spring 2001, depriving new
arrivals of the possibility of regularizing their status in the
republic. Local authorities also frequently removed IDPs from the
registration lists if they were not physically present when the
authorities visited their tents. There were frequent interruptions in
gas and electricity to IDP camps in Ingushetiya, events that often were
viewed by IDPs as pressure to return to Chechnya.
On June 21, a federal law on the legal status of foreign citizens
was adopted by the State Duma. Critics of the law pointed out that the
3-month deadline facing non-citizen residents for obtaining Russian
visas or a long-term residence was very short, that the law does not
include an exhaustive list of documents required for official
registration, and that the law leaves many matters to the MVD's
discretion. The law also requires that a foreigner prove, even after
receiving the permit, that he or she is able to provide for himself and
his family at a certain level. Under this law, an AIDS-infected foreign
worker should be fired from his job immediately. An AIDS-infected
person is prohibited from receiving permanent residence status.
According to human rights observers, this law, and a new citizenship
law, could further increase the difficulties facing groups such as
Meskhetian Turks in Krasnodar and other regions who have been denied
citizenship documentation in contradiction to Russian citizenship law.
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; however, the Government applied the law
in a restrictive manner during the year. The Government rarely granted
asylum. It cooperated to a limited extent with the UNHCR and the IOM;
both organizations assisted the Government in trying to develop a more
humane migration management system, including more effective and fair
refugee status determination procedures. As of October 2001, UNHCR had
registered approximately 40,000 asylum seekers who originated from
outside the territories of the former Soviet Union since 1992. The
UNHCR estimated that only 11,000 of these were active cases, i.e.,
persons still seeking asylum or receiving UNHCR assistance. The
remainder either integrated into society, left the country, had been
resettled, or repatriated. The Government acted more expeditiously and
with greater leniency in cases involving applicants who had been
citizens of the former Soviet Union. There continued to be widespread
ignorance of refugee law both on the part of officials and would-be
petitioners.
A number of workers and students from Africa and Asia who came to
work or study in accordance with treaties between their countries and
the former Soviet Union remained in the country. The Government did not
deport them but continued to encourage their return home. The number of
persons from these countries has increased in the last few years due to
the new arrival of persons seeking refugee status. According to the
UNHCR, it had granted refugee status to more than 800 Africans and
5,200 Afghans since 1992.
A group of approximately 1,400 to 2,000 Armenian refugees evacuated
from Azerbaijan in the wake of late 1980s ethnic violence remained
housed in ``temporary quarters,'' usually in Moscow hotels or workers'
dormitories. They were unable to return to Azerbaijan, and conditions
in Armenia made emigration to that country practically impossible; they
also lacked residency permits for Moscow. Representatives of the
community have stated that they were not interested in Russian
citizenship, which would entitle them to the benefits accorded to
forced migrants, because they did not believe such a step would improve
their material situation. They also rejected offers of relocation to
other regions, alleging that the alternative housing that they were
offered frequently was not suitable or available. Their situation
remained precarious because the formerly state-owned hotels in which
many reside were being privatized; a number of eviction orders were
served in such cases during the year. Despite official promises, their
status and permanent housing had yet to be resolved by year's end.
The UNHCR continued to be concerned about the situation of asylum
seekers and refugees at Moscow's Sheremetyevo-2 airport. The
authorities systematically deported improperly documented passengers,
including persons who demonstrated a well-founded fear of persecution
in their countries of origin. If a passenger requested asylum, Aeroflot
provided telephone numbers for the UNHCR, but these numbers were not
posted publicly anywhere in the transit zone. Despite repeated UNHCR
recommendations, there were no signs in the transit area to advise
asylum seekers about the refugee status determination process at the
airport. Undocumented travelers were not allowed to leave the transit
zone and often were returned to the carrier on which they entered the
country. Legally bound to provide food and emergency medical care for
undocumented travelers, the airlines returned them to their point of
departure as quickly as possible; airlines were fined if an
undocumented passenger was admitted to the country but not if the
passenger was returned to the country of origin. The treatment of
asylum seekers in the transit zone reportedly was harsh. The UNHCR has
received reports of physical and verbal abuse of transit passengers by
police officers and Aeroflot employees. Authorities rarely released
passengers from the transit zone unless there was a medical emergency.
There were 114 Points of Immigration Control (PICs) at border
crossings and international airports, which were staffed by former
members of the former Ministry of Federation Affairs, Nationalities,
and Migration Policy who were subsequently employed by the Ministry of
the Interior. Most of the cases referred to them dealt with labor
migrants both entering and leaving the country. A few were asylum
seekers. According to the UNHCR, the PICs have never accepted anyone as
an asylum seeker. Those who were interviewed (and refused) by the PIC
at Sheremetyevo-2 generally were referred to the UNHCR, which received
numerous such cases during the year. The UNHCR examined each case and
sought resettlement on an emergency basis for those that it accepted.
The Constitution does not permit the extradition to other states of
persons who would be persecuted there for political beliefs or for
actions (or inactions) that are not considered a crime in the Russian
Federation; however, in the past there were instances in which
opposition figures were deported to countries of the former Soviet
Union to face charges that were political in nature. Under the 1993
Commonwealth of Independent States Convention on Legal Assistance in
Civil, Family, and Criminal Affairs, persons with outstanding warrants
from other former Soviet states may be detained for periods of up to 1
month while the Procurator General investigates the nature of
outstanding charges against the detainee. This system was reinforced
informally but effectively by collegial links among senior law
enforcement and security officials in the various republics of the
former Soviet Union. Human rights groups continued to allege that this
network was employed to detain without actual legal grounds opposition
figures from the other former Soviet republics.
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 exercised this right in practice
through periodic, generally free and fair elections held on the basis
of universal suffrage.
The Constitution establishes four branches of government: The
Presidency; the Federal Assembly made up of two houses (the State Duma
and Federation Council); the Government and Council of Ministers headed
by the Prime Minister; and the Judiciary. The Constitution gives
predominance to the Presidency, and the President utilized his many
powers to set national priorities and establish individual policies.
After President Yeltsin's December 1999 resignation, Vladimir Putin
assumed the post of acting President. In a March 2000 election, Putin
was elected President. While some among the opposition and the media
claimed widespread election fraud, most international observers
concluded that the election generally was free and fair and the results
valid. There were credible reports of election fraud in some locations,
particularly in the Republic of Dagestan and a few other regions with a
long history of falsifying votes, but there was no evidence that such
abuses were systematic or that they affected the choice of the new
President. Many observers pointed to problems with biased media
coverage of the presidential election campaign.
The Duma was elected in December 1999. International observers
judged those elections to be largely free and fair, and 69 percent of
eligible voters participated. A grouping of strong, propresidential
centrist party factions puts majority support within reach for almost
all presidential priorities. Nonetheless the Duma remained an
independent institution representing powerful interests and
individuals.
In 2000 the Federal Assembly passed legislation according to which
regional executives and heads of regional legislatures would appoint
members of the Federation Council instead of serving in that body
themselves. By the beginning of the year, this new system was fully in
effect; regional executives and heads of regional legislatures no
longer served on the Federation Council.
Competitive elections for various regional and local offices were
held throughout the year. Most observers viewed these elections as
generally free and fair, although there were problems in some regions
involving unequal access to the media, non-compliance with financial
disclosure requirements, and use of ``administrative resources'' (such
as government staff and official media) by incumbents to support their
candidacies. Challengers were able to defeat incumbents in some of the
races for regional executive positions, and losing candidates generally
accepted the legitimacy of the voting results. There were reports that
incumbent governors in some regions pressured local press organizations
to support their candidacies or deny support to their challengers (see
Section 2.a.).
In a number of regions, there were apparent incidents of candidates
being pressured by central or regional officials to withdraw from
elections, disqualification of candidates through apparently prejudiced
application of elections laws, and other forms of electoral
manipulation. In presidential elections in the Republic of Ingushetiya
in April, for example, an individual filed a complaint alleging that a
popular local candidate had violated election laws. When it appeared
that local courts were about to rule in the candidate's favor, armed
federal authorities stormed the courtroom and impounded all evidence.
Later that day, a federal court in the Southern District center of
Rostov immediately declared the candidate guilty, eliminating him from
the race. The man eventually elected President of Ingushetiya had
previously worked for the office of the Presidential Representative in
the Southern Federal District.
The July ``Law on Basic Guarantees of Electoral Rights and Citizen
Participation in Referendums'' and the July 2001 ``Law on Political
Parties'' significantly enlarged the role played by political parties
in the electoral system by simplifying candidate nomination by parties
at all levels of government and by requiring that half of the seats in
regional legislatures be determined by party-list voting, as in the
State Duma. These laws, in conjunction with the December ``Law on
Elections of State Duma Deputies,'' expanded campaign spending limits
and public financing of political parties, shortened the official
campaign period, limited the conditions under which candidates may be
removed from the ballot, and imposed restrictions on media coverage. An
additional effect of the laws was the expansion of the Central
Elections Commission's authority over subordinate regional elections
commissions. In September the President signed into law an amendment to
the ``Law on Referenda'' that prohibits national referenda in the year
prior to federal elections.
Political parties historically have been organizationally weak. The
July 2001 law on political parties requires parties to have 10,000
members in order to be registered and function legally, with no fewer
than 100 members in a majority of the country's 89 regions (see Section
2.b.). The law grants political parties a partial monopoly on running
candidates for legislative office, creates serious hurdles for the
registration of new political parties, and gives the executive branch
and Procuracy broad powers to regulate, investigate, and close down
parties.
In the December 1999 elections, 32 female deputies were elected to
the 450-member Duma, a decrease from the 46 female deputies elected to
the Duma in 1995. A woman, Lyubov Sliska, served as the First Deputy
Chairman of the Duma. One woman, Valentina Matviyenko, served as a
Deputy Prime Minister.
Legal provisions have allowed national minorities to take an active
part in political life (see Section 5); however, ethnic Russians
dominated the political system, particularly at the federal level, and
national minorities generally were underrepresented in many areas of
public life.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Many domestic and international human rights groups generally
operated without hindrance in the country, and most investigated and
publicly commented on human rights problems, generally without
government interference or restrictions; however, some local officials
harassed human rights monitors (see Section 1.d.), and the Government
refused to renew an agreement with the OSCE Assistance Group that would
have permitted it to continue its human rights monitoring in Chechnya.
Several NGOs reported increased difficulties in their relations with
local authorities. These ranged from visa and registration problems to
delays in permission to enter Chechnya to denial of permission to enter
IDP camps in order to provide assistance. The Government's attitude
towards human rights NGOs varied; the level of cooperation tended to
depend on the perceived threat to national security or level of
opposition that an NGO might pose. For example, NGOs monitoring prison
conditions enjoyed an excellent relationship with government
authorities, while those monitoring Chechnya had a more tense
relationship. Officials, such as human rights ombudsman Oleg Mironov,
regularly interacted and cooperated with NGOs.
Several NGOs were headquartered in Moscow and had branches
throughout the country. Some of the more prominent human rights
organizations were the Public Center for Prison Reform, the Society for
the Guardianship of Penitentiary Institutions, the Glasnost Public and
Defense Funds, Memorial, the Moscow Research Center for Human Rights,
the Union of Soldiers' Mothers' Committees (USMC), the Mothers' Rights
Foundation, and the Moscow Helsinki Group. Several of these groups were
recognized and consulted by government and legislative officials for
their expertise in certain fields, and such groups participated (with
varying degrees of success) in the process of drafting legislation and
decrees. The prominent human rights organization Memorial worked with
the offices of the Presidential Human Rights Envoy for Chechnya, and
the Government provided security for Memorial's trips to the regions.
In July the Moscow Helsinki Group announced the release of its fourth
annual survey of human rights conditions in the country. The extensive
and detailed report covered human rights problems in all 89 of the
country's principal administrative divisions.
There were a variety of regionally based human rights groups.
Socioeconomic rights groups were the most numerous; they monitored
issues such as unpaid wages and benefits. There were fewer civil-
political rights groups, but they included ``generalist'' organizations
that covered the range of human rights issues and ``specialist''
organizations that covered only one issue. There were also public legal
centers that provided legal advice to the general public (see Section
1.e.). These centers usually were run on a part-time basis by lawyers
who, while they could not afford to offer trial counsel or actual legal
work, offered advice at no cost on legal rights and recourse under the
law. Resources for human rights work were scarce; most groups relied on
foreign support in the form of grants to maintain operations.
Regional human rights groups generally received little, if any,
international support or attention. Although at times they reported
that local authorities obstructed their work, criticism of the
Government and regional authorities usually was permitted without
hindrance. Criticism of a specific political leader in the region
(usually the governor or a senior law enforcement official) reportedly
was less tolerated. Local human rights groups had far fewer
opportunities than their Moscow counterparts to interact with
legislators to develop legislation; some were excluded from the process
entirely by local authorities.
During the year, many domestic and international NGOs continued
their work in Chechnya despite the threats posed by the ongoing
military conflict. Within Chechnya some international NGOs maintained
small branch offices staffed by local employees; however, all
international NGOs had their bases outside of Chechnya (see Sections
1.b. and 1.g.).
The August kidnaping by unknown persons of the head of the Doctors
without Borders Mission in the Province of Dagestan, adjacent to
Chechnya, remained unsolved at year's end. This event and overall
security problems led many NGOs to limit their activities in the north
Caucasus region.
In October 2001, the Council of Europe (COE) announced that it had
reached an agreement with the Government to extend the mandate of its
human rights monitors in Chechnya until the end of the year. Since June
2000, three COE monitors have maintained a presence in the office of
the Government's human rights representative in Chechnya, Abdul-Khakim
Sultygov. Many human rights activists charged that the COE and the OSCE
were ineffective in improving the human rights climate in Chechnya. On
December 31, the mandate of the OSCE's Chechnya mission expired and the
Government refused to renew it. The mandate of the OSCE mission
included ``promoting respect for human rights and fundamental
freedoms'' in the territory. It had frequently criticized the actions
of military forces. Foreign Minister Ivanov said the OSCE mission had
failed to understand Chechen realities. Other officials stated that the
country wished to continue cooperation with the OSCE but that
corrections were required in its operations in Chechnya.
The Government's human rights institutions continued to lack
independence, but some of them did make efforts to promote human
rights. The Office of the Russian Federation Human Rights Ombudsman,
headed by Oleg Mironov, commented on a broad range of human rights
issues. Mironov's office had more than 150 employees and had several
specialized sections responsible for investigating complaints of human
rights abuses, including a section on religious freedom and a section
on human rights education. During the year, the office published
various reports on human rights problems. Mironov's role remained
mainly consultative and investigatory, without powers of enforcement.
By year's end, there were regional human rights ombudsmen with
responsibilities similar to Mironov's in twenty of the regions. Human
rights committees and ombudsmen existed in other regions as well;
however, the effectiveness of the regional ombudsmen and committees
varied significantly from region to region. The President's Human
Rights Commission, headed by Ella Pamfilova and including a number of
human rights activists, remained largely inactive during the year;
however, following a meeting with the President where activist members
successfully appealed to Putin, a December fact-finding mission of the
Commission to the Caucasus region succeeded in limiting involuntary
returns of IDPs to Groznyy.
Citizens may file appeals to the ECHR about alleged human rights
violations that occurred after May 1998, when the European Convention
on Human Rights entered into force. Complainants were not required to
exhaust all appeals in domestic courts before they could turn to the
ECHR but must have exhausted ``effective and ordinary'' appeals, which
usually include two appeals (first and cassation) in courts of ordinary
jurisdiction and three (first, appeal, and cassation) in the commercial
court system. By October 2001, the ECHR had received more than 7,000
complaints from Russia, including dozens from Chechnya. Many
applications were rejected at the first stage of proceedings as being
clearly incompatible with the formal requirements of the European
Convention. Some cases were put on the Court's calendar for fuller
consideration. In May the ECHR found for Anatoliy Burdov in the case of
Burdov v. Russia, awarding the applicant about $3,000 (90,000 rubles)in
a case relating to his work during the Chernobyl cleanup in 1986-87.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution prohibits discrimination based on race, sex,
language, social status, or other circumstances; however, both official
and societal discrimination persisted.
Women.--Domestic violence remained a major problem, and victims
rarely had recourse to protection from the authorities. Police were
reluctant and sometimes unwilling to intervene in what they regarded as
purely domestic disputes. Many women were deterred from reporting such
crimes, not only because of social and family pressure but also because
the tight housing market made it difficult either to find housing
outside the family dwelling or to expel an abusive spouse, even after a
final divorce action. Much of society, including some leaders in the
human rights community, did not acknowledge domestic violence as a
problem or did not believe that it was an area for concern outside of
the family. No reliable statistics existed to permit evaluation of the
true extent of the problem nationwide, and individual jurisdictions
varied in their statistical methodology. There was a general lack of
understanding of these problems in the legal community, and there was
no legal definition of domestic violence. Some forms of battering are
addressed in the Criminal Code but are defined too narrowly to apply to
most cases. There also was no national political will to consider these
problems seriously. Several NGOs expressed serious concern about
guidance provided to the new justices of peace--to whom most such cases
are expected to be referred--which instructs the justices to reconcile
the battered and the batterer and return the victim to the home as soon
as possible.
In November 2001, an MVD official estimated that on average there
were more than 250,000 violent crimes against women annually; however,
government officials and NGOs agreed that such crimes usually were not
reported. From January through mid-November 2001, police recorded more
than 7,000 crimes of rape (in 2000, 7,900 rape cases were registered
for the entire year), and 6,300 other sexually related crimes. The
Government provided no support services to victims of rape or other
sexual violence; however, victims could act as full legal parties to
criminal cases brought against alleged assailants and could seek legal
compensation as part of the verdict without seeking a separate civil
action. Hospitals, crisis centers, and members of the medical
profession provided assistance to women who were assaulted; however, to
avoid spending long periods of time in court, some doctors were
reluctant to ascertain the details of a sexual assault or collect
physical evidence.
Prostitution is not a crime, although a 2001 revision of the
Administrative Code made prostitution and pimping administrative
violations subject to fines (see Section 6.f.). Such violations carry
financial penalties in the form of fines calculated in multiples of
weekly minimum wages. Prostitution carries a penalty of 5 times the
minimum wage, or roughly $100 (3,000 rubles).
Trafficking of women for sexual exploitation or forced labor was a
serious problem (see Section 6.f.).
Despite serious difficulties, many groups continued to address
violence against women. NGOs, alone or in cooperation with local
governments, operated more than 55 women's crisis centers throughout
the country, and their numbers continued to grow. In addition, the
crisis centers have formed an association in order to coordinate their
efforts better. Several NGOs provided training on combating trafficking
to police, procurators, justices of the peace, and others in
government.
Women reported sexual harassment in the workplace, and anecdotal
information suggests that many potential employers seek female
employees who are receptive to sexual relations. The Constitution
states that men and women have equal rights and opportunities to pursue
those rights. The new Labor Code retains from the previous Code
prohibitions against discrimination, stating that every person has the
right to equal pay for equal work; however, the phrase, ``without
complexes,'' is used occasionally in job advertisements (see Section
6.b.). Some firms asked applicants for employment to complete a form
including the abbreviation ``VBO,'' a Russian-language abbreviation for
``possibility of close relations,'' to which the applicant is expected
to reply ``yes'' or ``no.'' There was no law that prohibits sexual
harassment, and women have no recourse when sexually harassed.
Job advertisements often specified sex and age groups and sometimes
physical appearance as well. Credible evidence suggested that women
encounter considerable discrimination in employment. NGOs continued to
accuse the Government of condoning discrimination against women,
contending that the Government seldom enforced employment laws
concerning women. Employers preferred to hire men, thereby saving on
maternity and childcare costs and avoiding the perceived unreliability
that accompanies the hiring of women with small children. Employers
also tried to avoid the entitlement to a 3-year maternity leave for
childcare, which can be used in full or in parts by the mother, father,
relative, or trustee providing the actual childcare. During this time,
the employer must retain an employee's place of work and continue to
fund applicable social benefits. Moscow human resources managers
privately admitted that discrimination against women in hiring was
common. There also was a trend toward firing women rather than men when
employees are laid off. Women were subject to age-based discrimination.
While no official statistics were available, government officials
estimated that of the 7.5 percent of the workforce unemployed in late
August, at least 70 percent were women.
Women continued to report cases in which they were paid less for
the same work that male colleagues perform. According to a 2001 report
by the International Labor Organization (ILO), women accounted for
about 47 percent of the working-age population but on average earned
only two-thirds of the salaries of their male counterparts. Professions
dominated by women were much more poorly paid than those dominated by
men. Women also tended to work in industries where market reforms
remained weak and wages low, such as the textile and defense sectors,
while men increasingly took jobs in the fast-growing, more profitable,
financial and credit sectors where wages were substantially higher.
Children.--The Constitution assigns the Government some
responsibility for safeguarding the rights of children, and the State
endeavored to provide, within its limited means, for the welfare of
children. A Family Code regulates children's rights and marriage and
divorce issues. The educational system includes both private and public
institutions. Children have the right to free education until grade 11
(or approximately 17 years of age), and school was compulsory until the
9th grade. Boys and girls were treated equally in the school system.
While federal law provides for education for all children in the
country, regional authorities frequently denied school access to the
children of unregistered persons, asylum seekers, and migrants because
they lacked residential registration (see Section 2.d.).
Under the law, health care for children is free; however, the
quality varied, and individuals incurred significant out of pocket
expenses. According to a UNICEF survey, children of IDPs from the
Chechen conflict suffered disproportionately from chronic anemia and
had a low rate of vaccinations due to the collapse of local health and
education systems as a result of the conflict.
No reliable statistics existed on the extent of child abuse;
however, anecdotal evidence indicated that child abuse was a problem.
The status of many children has deteriorated since the collapse of
communism because of falling living standards, an increase in the
number of broken homes, and domestic violence. An estimated 50,000
children run away from home each year. The main reasons for this
reportedly were family violence, financial problems, or social problems
such as drug or alcohol abuse by one or both of the parents. In Moscow
approximately 6,000 children per year were brought to the Center of
Temporary Isolation of Minor Delinquents (COVINA). These children
stayed in COVINA for no more than 30 days. During this period, the
child's case was investigated and his or her guardian was located;
however, in 90 to 95 percent of these cases, the police simply returned
the children to their families or to the institution from which the
children ran away. Many officials considered domestic problems private
affairs and preferred not to interfere.
Trafficking in children was a problem (see Section 6.f.).
Figures for homeless children were unreliable. The Russian
Children's Fund estimated in 2001 that there were some 2.5 million
homeless children, although other estimates reached as high as 4
million; scientific studies used differing methodologies to count
street children. In 2000 the ILO International Program on the
Elimination of Child Labor (ILO/IPEC) estimated that there were 10,000
to 16,000 working street children in St. Petersburg, although only
1,000 to 2,000 were believed to be homeless. Most still had social ties
to their family, school, or orphanage and only lived on the street
part-time. Similar studies in Moscow in 2001 indicated that 30,000 to
50,000 working street children lived in the capital. Studies in the two
rural districts of Vsevolozhsk and Priyozersk in the Leningrad Oblast
were less conclusive, but suggested that the problem of working street
children also existed outside the country's industrial centers. In
addition, there were approximately 3,000 young persons aged 18 to 24 in
Leningrad Oblast, most of them discharged from state institutions and
given state housing, who had difficulty maintaining a residence and
adapting to noninstitutional life in general. Homeless children often
engaged in criminal activities, received no education, and were
vulnerable to drug and alcohol abuse. Some young girls on the street
turned to or were forced into prostitution in order to survive (see
Section 6.f.).
In the St. Petersburg region, local government and police ran
various programs for homeless children and cooperated with local NGOs;
however, resources were few and overall coordination remained poor.
Local and international NGOs provided a variety of services for the
homeless. Many Moscow charitable organizations have established
productive relations with the city government to address the needs of
children with disabilities, as well as other vulnerable groups.
Perspektiva worked with children and medical personnel in an orphanage
for children with disabilities in Pavlovsk. Bereg ran a shelter and
offered training programs to children and social workers. Citizens'
Watch conducted seminars on legal and social aspects of the problem.
Attention continued to focus on the status of orphans and those
children with disabilities who have been removed from mainstream
society and isolated in state institutions. Recent statistics on the
number of orphans, institutionalized children, and adoptions during the
year were not available. A complex and cumbersome system was developed
to manage the institutionalization of some children until adulthood;
three different ministries (Education, Health, and Labor and Social
Development) assumed responsibility for different age groups and
categories of orphans. Observers concluded that rather than focus on
the needs of the children, the system revolved around the institutions.
The welfare of the children was lost within the bureaucracy, and little
clear recourse existed in instances of abuse by the system. Human
rights groups alleged that children in state institutions were provided
for poorly (often because funds are lacking) and in some cases were
abused physically by staff. Life after institutionalization also posed
serious problems, as children often lacked the necessary social,
educational, and vocational skills to function in society. While there
were no comprehensive studies of the effects of the orphanage system,
its costs, and the extent of its problems, several groups compiled some
important information.
Although comprehensive statistics were not available, the prospects
for children and orphans who had physical or mental disabilities
remained extremely bleak. The most likely future for severely disabled
children was a lifetime in state institutions. The label of
``imbecile'' or idiot, which was assigned by a commission that assesses
children with developmental problems at the age of 3 and which
signified ``uneducable,'' almost always was irrevocable, and even the
label of ``debil''--lightly retarded--follows a person throughout his
or her life on official documents, creating barriers to employment and
housing after graduation from state institutions. A study conducted by
the Rights of the Child program of the Moscow Research Center for Human
Rights found that on graduation at the age of 18 from a state
institution for the lightly retarded, 30 percent of orphans became
vagrants, 10 percent became involved in crime, and 10 percent committed
suicide. The existing system provided little oversight and no formal
recourse for orphans who have been misdiagnosed as mentally ill or
retarded or who are abused or neglected while in state institutions.
Facilities to which such children were remanded frequently used
unprescribed narcotics to keep children under control.
The Rights of the Child Program has called for the establishment of
an ombudsman for the rights of children with the power to enter and
inspect children's facilities at any time of day or night without
advance notification, and the Ministry of Labor and Social Development
continued to work with UNICEF on a pilot program to establish regional
children's rights ombudsmen. In 2001 the Moscow city Duma created the
position of ombudsman for children's rights. According to the Ministry
and the Rights of the Child NGO, there were ombudsmen in the cities of
Yekaterinburg and St. Petersburg, and in the regions of Arzamas
Volkskiy, Novgorod, Chechnya, Ivanovo, Kaluga, and Volgograd. Ombudsmen
may only write a letter requesting an inquiry by law enforcement
authorities, assist those whose rights have been violated to understand
their legal rights, and make suggestions to legislators (local,
regional, and federal) on ways to improve legislation.
Conditions for children in prisons and pretrial detention were
problems (see Sections 1.c. and 1.d.).
Reportedly troops in Chechnya placed Chechen boys ages 13 and older
in filtration camps where some reportedly were beaten and raped by
guards, soldiers, or other inmates. The women's action group ``White
Kerchief'' (Belyy platok) reported that some federal forces engaged in
the kidnapping of children in Chechnya for ransom.
According to a December report by the U.N. special representative
for children and armed conflict, Chechen rebels used children to plant
landmines and explosives.
Persons with Disabilities.--The Constitution does not address
directly the issue of discrimination against persons with disabilities.
Although laws exist that prohibit discrimination, the Government did
not enforce them. The meager resources that the Government devoted to
assisting persons with disabilities were provided to veterans of World
War II and other conflicts.
The law requires that firms with more than 30 employees either
reserve 3 percent of their positions for persons with disabilities or
contribute to a government fund to create job opportunities for them.
The law also removed language defining an ``invalid'' as a person
unable to work; however, the Government has not implemented this law.
Some persons with disabilities found work within factories run by the
All-Russian Society for persons with disabilities; however, the
majority were unable to find employment. Local authorities, private
employers, and tradition continued to discourage persons with
disabilities from working, and they were usually forced to subsist on
social benefits.
Special institutions existed for children with various disabilities
but did not serve their needs adequately due to a lack of finances.
Being a child with disabilities remained a serious social stigma, an
attitude that profoundly influenced how institutionalized children were
treated. Many children with physical or mental disabilities, even those
with only minor birth defects, were considered uneducable. Parents
wishing to enroll a child in ordinary secondary schools in Moscow were
obliged to produce a medical certificate affirming that the child was
in perfect health. Families with children with disabilities received
extremely low state subsidies that have not changed to reflect
inflation since the Soviet era.
The Government did not mandate special access to buildings for
persons with disabilities, and access to buildings was a problem. The
NGO Society for the Defense of Invalids continued to work to broaden
public awareness and understanding of problems concerning persons with
disabilities by conducting workshops, roundtables with public
officials, and training programs for persons with disabilities.
Indigenous Persons.--The law provides for the support of indigenous
ethnic communities, permits the creation of self-governing bodies, and
permits them to seek compensation if economic development threatens
their lands. In some areas, local communities have organized to study
and make recommendations regarding the preservation of the culture of
indigenous people. People such as the Buryats in Siberia and the people
of the North (including the Enver, Tafarli, Chukchi, and others)
continued to work actively to preserve and defend their cultures as
well as the economic resources of their regions. Most affirmed that
they received the same treatment as ethnic Russians, although some
groups believed that they were not represented or were underrepresented
in regional governments. The principal problems of indigenous people
remained the distribution of necessary supplies and services,
particularly in the winter months for those who live in the far north,
and disputed claims to profits from exploitation of natural resources.
Some groups in the far eastern part of the country criticized the
Government for not developing an overall concept for the development of
indigenous people. Responsibility for government policy toward
indigenous people has been transferred between government agencies
several times in earlier years. After the President abolished the
Ministry of Federation Affairs, Nationalities, and Migration Policy in
October 2001, he appointed a new minister without portfolio to
coordinate nationalities policy.
National/Racial/Ethnic Minorities.--The Constitution prohibits
discrimination on the basis of nationality; however, Roma and persons
from the Caucasus and Central Asia faced widespread governmental and
societal discrimination, which often was reflected in official
attitudes and actions. The Constitution also makes provision for the
use of national languages in the various sub-divisions alongside the
official Russian language and states that each citizen shall have the
right to define his or her own national identity and that no citizen
shall be required to state officially his or her nationality.
New federal and local measures to combat crime were
disproportionately applied against persons appearing to be from the
Caucasus and Central Asia. Police reportedly beat, harassed, and
demanded bribes from persons with dark skin, or who appeared to be from
the Caucasus, Central Asia, or Africa. Law enforcement authorities also
targeted such persons for deportation from urban centers. Authorities
in Moscow subjected dark skinned persons to far more frequent document
checks than others and frequently detained them or fined them amounts
in excess of permissible penalties. Police often failed to record
infractions by minorities or issue a written record to the alleged
perpetrators. In the autumn of 2001, more than 100 Roma were expelled
forcibly from the Krasnodar region to Voronezh. Chechen IDPs and the
Civic Assistance Committee for Migrants reported that Chechens
continued to face great difficulty in finding lodging in Moscow and
frequently were forced to pay at least twice the usual rent for an
apartment. Although Mayor Luzhkov ruled out a crackdown on the Chechen
population in the city following mass hostage seizures at a Moscow
theater human rights monitors reported in November that hundreds of
ethnic Chechens were detained in sweeps across Moscow and that acts of
discrimination against them increased (see Section 1.g.).
The multiethnic population was made up of more than 100 national
groups. Many of the 89 subdivisions or ``subjects'' of the federation
were formed on the basis of the subdivisions' predominant ethnic group.
For example, the Republic of Chuvashiya is the homeland of the Chuvash
people, who make up 68 percent of the Republic's population. During the
year, the President and other prominent officials issued numerous
declarations regarding the multiethnic nature of the country and
calling for tolerance. Nonetheless, there were numerous racially
motivated attacks on members of minorities, particularly Asians and
Africans. Attacks generally appeared to be random, and were carried out
by private individuals or small groups inspired by racial hatred. Some
of the attackers were known to local law enforcement authorities for
their racial intolerance or criminal records. For example, during the
year, members of ethnic or racial minorities were the victims of
beatings, extortion, and harassment by ``skinheads'' and members of
other racist and extremist groups. Police made few arrests, although
many such cases were reported by human rights organizations. Many
victims, particularly migrants and asylum seekers who lacked residence
documents recognized by the police, chose not to report such attacks or
to report indifference on the part of police.
Several incidents against resident Indian businesspeople and
African students, as well as other crimes against foreigners, including
diplomats, suggested that this remained a serious problem in St.
Petersburg. In August Aleksandr Gudz, head of the International Affairs
Department of the St. Petersburg police, stated that crimes against
foreigners in that city had fallen by 10 percent compared with 2001.
Gudz asserted that violence by skinheads was not a problem in St.
Petersburg as a result of successful police monitoring of such groups.
On September 13, however, approximately 20 skinheads used sticks
and knives to kill a vendor from Azerbaijan as he sat by his watermelon
stand in St. Petersburg. The attack was apparently unprovoked. Although
police did not catch any suspects at the scene, they conducted a
roundup of known skinheads in the area, which led to the detention of
two people allegedly involved in the incident. Police also reportedly
found evidence that the incident had been planned, and claimed to have
found a video recording of the attack. At year's end, the investigation
was continuing. On September 30, a group of young men attempted to
attack two Azerbaijani traders in St. Petersburg, but the men locked
themselves inside their kiosk. The young men then attacked and injured
an ethnic Russian private security guard. The militia initiated a
criminal investigation. In November 2001, Moscow police arrested a 16-
year-old suspect and charged him with the August killing of Massa
Mayoni, a 16-year-old asylum seeker from Angola. The charges were later
reduced from murder to hooliganism.
Five men were convicted on November 20 for their part in the
violent incident in a marketplace near the Tsaritsyno metro station in
Moscow in October 2001. An estimated 100 to 300 youths from Moscow's
southern neighborhoods kicked and beat dozens of persons with metal
bars during the incident; almost all of the victims belonged to ethnic
groups from the Caucasus and Central Asia. At least three persons died
as a result of the attack: A 17-year-old ethnic Tajik, a 17-year-old
ethnic Azeri, and a 37-year-old Indian national.
The Ministry of Justice reported that in 2000, 17 crimes were
investigated under laws baring acts of incitement to national, racial
and religious hatred. Of these, eight were taken to court, but a Duma
Deputy later asserted that there was only one conviction. The
statistical department of the Supreme Court reported that as of July 1
the Procuracy had brought five such cases to court, but none of the
accused was convicted. On the other hand, the Procuracy General
reported that 37 cases had been opened as of November 2001.
Human rights observers reported that the authorities have been
particularly hostile toward certain minority groups in the Province of
Krasnodar Kray. The Kray has been home to large numbers of ethnic
minorities for decades but has experienced considerable immigration and
domestic migration in recent years (see Section 2.d.). According to
Memorial, Krasnodar Governor Aleksandr Tkachev in a March speech
promised a group of regional and municipal officials that he would
create ``unbearable conditions'' for ``illegal migrants'' (see Section
2.d.), and there were unconfirmed reports that the Krasnodar government
provided funding to paramilitary Cossack groups, some of which were
said to be brutally repressive toward such groups.
In its local legislation, the Republic of Bashkortostan names
Bashkiri and Russian as its two official languages and excludes Tatar
despite the fact that Tatars constituted 30 percent of the population
and outnumber the Bashkirs. An appeal by the legislature of the
neighboring Republic of Tatarstan to make Tatar an official language
was rejected.
Section 6. Worker Rights
a. The Right of Association.--The law provides workers with the
right to form and join trade unions; however, in practice government
policy and the dominant position of the Federation of Independent Trade
Unions of Russia (FNPR) limited the exercise of this right.
Approximately 56 percent of the work force (an estimated 72 million
workers) was unionized, and approximately 3 to 4 percent of union
members belonged to independent free trade unions. Union membership
overall has fallen in recent years as a result of economic
restructuring, including the closing of some enterprises and a
resistance by some domestic and foreign companies to trade union
activities.
The FNPR claimed that approximately 80 percent of all workers
belonged to the FNPR, although approximately 50 percent appeared to be
a more accurate estimate. The FNPR largely dominated the union movement
and provided a practical constraint on the right to freedom of
association. The FNPR inherited the bulk of the property of its Soviet
predecessors, including office and recreational property. The majority
of its income came from sources other than dues, such as rental income,
sale of real estate, and fees for member services. Its unions
frequently included management as part of the bargaining unit or
elected management as delegates to its congresses. The FNPR and other
trade union federations acted independently on the national political
level, but in some cases FNPR unions were affiliated closely with local
political structures. Political parties often cooperated with unions,
for example, in calling for a national day of protest.
In January 2001, a new Tax Code became effective, which included a
single social tax and essentially ended trade union control over the
distribution of social benefits at the federal level; however, as the
owner of many service facilities and the largest group of unions, the
FNPR continued to play a significant role at the municipal and regional
level in setting priorities for the distribution of social benefits,
such as child subsidies and vacations, based on union affiliation and
politics. Such practices discouraged the formation of new unions. Trade
unions maintained that the consolidation of social security assets in
the federal budget and the additional layer of bureaucracy in the
distribution of social benefits have led to reduced benefits for
workers and the public in general.
The number of court decisions supporting the right of association
and ruling in favor of employees increased during the year, although
the enforcement of these court decisions remained a problem in many
cases. Employees tended to win their cases in court but only if they
were prepared to appeal, normally a time-consuming and lengthy process.
Many remained reluctant to do so. Most workers did not understand or
have faith in the legal structure and feared possible retaliation.
Lengthy delays were common: A court decision on compensation for wage
differentials in the 1998 Ust-Ilimsk air traffic controllers union
case, remained pending at year's end. Prospects for resolving the case
appeared unlikely as the company was liquidated during the summer. In
early 2001, a Moscow municipal court ordered the All-Russian Television
and Radio Company (VGTRK) to reinstate and pay lost wages to an
employee and a member of the independent trade union ``Efir'' after the
court determined that the employee had been laid off illegally. Upon
his reinstatement, however, the employee was not allowed to resume his
normal duties and continued to lose wages. In August 2001, the employee
again filed a suit against his employer, but the court dismissed the
case, claiming that it had not been filed correctly. The employee has
appealed the court's dismissal and a final decision on the case is
still pending.
There is a history of company management and FNPR local unions
working together to discourage the establishment of new unions. Many of
these cases remain unresolved. In the fall of 2000, an independent
trade union at the Revda Children's Music School initiated collective
bargaining negotiations with management, which refused to conclude an
agreement. In October 2001, the union filed suit against management,
calling on them to resume negotiations. During the hearing at the Revda
municipal court in December 2001, one of management's witnesses was the
Chairman of the rival FNPR-affiliated union operating at the school.
The Chairman had participated in the collective bargaining negotiations
on the side of management. The court ruled in favor of management and
dismissed the case. An appeal by the union was pending at year's end.
In July a new Law on the State Registration of Legal Entities
became effective. Registration procedures for NGOs under the new law
require that local departments of the Ministry of Justice check all
articles of charter documents for compliance with existing laws. These
documents are then submitted to the appropriate level of the Ministry
of Taxation, which enters the organization into the state registry;
however, registration procedures for trade unions are governed also by
the Law on Trade Unions, which specifies that registration requires a
simple ``notification'' and submission of documents. It remained
unclear how these two laws would be implemented.
In the past, local departments of the Ministry of Justice
throughout the country ignored the procedures set out by the Law on
Trade Unions and refused to register new unions without changes in
charter documents or confirmation of attendance at founding
conferences. Such practices prevented the registration of new unions or
the re-registration of existing ones. Although founding documents were
filed with the Sverdlovsk local Ministry of Justice in 1999, the
Berezovskiy Association of Free Trade Unions had yet to be registered.
Local Ministry of Justice officials demanded additional documents,
including protocols from union meetings and lists of meeting
participants, which are not required by law.
Other unions experienced similar problems. During a January hearing
concerning a suit filed by the VGTRK against the independent trade
union ``Efir'' (separate from the case mentioned previously), the
prosecutor demanded that the union annul five articles in its Charter
that allegedly contradicted federal law. The union requested that the
case be dismissed on the grounds that the Constitution prohibits
interference with union activities, as does the Law on Trade Unions and
ILO Convention No. 87, and that the suit was filed illegally. The union
subsequently appealed the case to the Moscow municipal Supreme Court,
which dismissed the suit against the union during the summer.
The new Labor Code (see Section 6.b.) includes references to the
Russian word ``pervichnaya'' (local, or grass root), regarding
organizations or trade unions that can represent workers' rights at the
enterprise level. According to labor experts, ``pervichnaya'' is a term
that refers to the lowest part or grass roots level of a structure.
Such organizations are structurally dependent on a higher union body.
By restricting the authority to represent workers at the enterprise
level to entities that are structurally dependent on higher union
bodies, the new Labor Code restricts the ability of workers to
determine their own union structures. These labor experts view this as
a clear violation of freedom of association principles (ILO Convention
No. 87).
The new Labor Code and Trade Union Law specifically prohibit
antiunion discrimination; however, antiunion discrimination remained a
problem. Union leaders have been followed by the security services,
detained for questioning by police, and subjected to heavy fines,
losses of bonuses, and demotions. In late 2001, a bus conductor and
chairman of an independent local union of transportation workers in
Yekaterinburg was fired after management at her transportation depot
accused her of selling tickets twice and taking the proceeds. In May a
municipal court found her not guilty and demanded management reinstate
and compensate her for wages lost and punitive damages. In January a
Voronezh municipal court ruled that an employee of the Block
Construction Factory had been laid off illegally in January 2000. In
this case, the court also ruled that the employee be reinstated and
compensated for wages lost and punitive damages; however, membership in
the union that the employee had been building at the factory when she
was laid off dropped to almost nothing in her absence.
Unions may freely form federations and affiliate with international
bodies. There were several national and regional free trade union
structures including the Russian Confederation of Labor (KTR) and the
All-Russian Confederation of Labor (VKT). In November 2000, the
International Confederation of Free Trade Unions (ICFTU) accepted as
members the KTR, the VKT, and the FNPR.
b. The Right to Organize and Bargain Collectively.--The new Labor
Code, which went into effect on February 1, gave employers more
flexibility in dealing with labor relations. It retained the right of
collective bargaining, although this right had not always been
protected in the past. Under the new Code, collective bargaining
agreements remained mandatory if they were requested by either the
employer or employees. Both sides were obligated to enter into such
negotiations within 7 days of receiving a request, and the law set a
time limit of 3 months for concluding such agreements. Any unresolved
issues were to be included in a protocol of disagreement, which could
be used for initiating a collective labor dispute.
Despite these requirements, employers continued to ignore trade
union requests to negotiate collective bargaining agreements. Early in
the year, an independent trade union at School No. 26 in Petropavlovsk-
Kamchatskiy called a conference of the worker's collective to elect
delegates to a collective bargaining negotiating team. The school's
director reportedly interrupted the proceedings and instructed the
employees to go home. At year's end, the employer had not agreed to
collective bargaining negotiations.
The Government's role in setting and enforcing labor standards was
diminished under the new Labor Code, and trade unions were expected to
play a balancing role in representing workers' interests. However,
observers criticized what they consider to be weaknesses in the
proposed regime, including the absence of clear enforcement mechanisms
to ensure that an employer engages in good faith collective bargaining
and other obligations, and provisions that favor the designation of a
majority union as the exclusive bargaining agent. For example, if more
than one trade union is represented at an enterprise, the new Code
calls for the formation of a joint body based on proportional
representation to select a single representative body for workers
during the collective bargaining negotiations. If the unions fail to
agree on such a body within 5 days, the trade union representing the
majority of workers at the enterprise is given the right to represent
all workers during these negotiations. While minority unions retain
their seats at the negotiating table with the right to join the
negotiations up until the actual signing of an agreement, labor experts
say the above measures could encourage larger trade unions to obstruct
the formation of a negotiating team to ensure their designation as
exclusive bargaining agents.
Labor experts also were concerned about a number of other
provisions of the Code and suggested that the approach to
implementation of the new Code would be crucial. The stipulation that
there may be only one collective agreement per enterprise, covering all
employees, could limit the ability of professional or ``craft'' unions
(the majority of new unions in the country) to represent their members'
interests. The Code also appears to restrict the possibility of
concluding a nation-wide agreement at an occupational or professional
level (in view of the broad definition of industry in the country) that
would address concerns limited to a single profession or occupation.
There also was a risk that existing unions would be dominated by
employers under the new labor relations scheme, particularly in
industries with oligopolistic structures.
Collective bargaining agreements had been registered officially by
an estimated 16 to 18 percent of enterprises; however, the FNPR claimed
that approximately 80 percent of its enterprises had concluded such
agreements. This apparent discrepancy appeared in part due to
agreements that were concluded but not registered with the Ministry of
Labor. Under the new Labor Code, collective bargaining and wage
agreements must be registered within 7 days of signature by all parties
to the agreement; however, there are no sanctions in the event that a
collective agreement is not registered. The new Code states that
collective agreements become effective upon signature, regardless of
whether they are registered or not. As in the previous Code, there was
some ambiguity concerning the employer's legal identity, which has made
collective agreements ineffective in the past. This lack of clear
identification under the law has made tripartite wage agreements (with
labor, management, and government participation) nonbinding at the
municipal, regional, national, and industrial levels and has brought
their legal validity into question. Even after an agreement was signed,
employers often claimed that the ``employer representative'' was not
authorized to represent the factory involved.
The Moscow Labor Arbitration Court handled the increasing number of
labor violations and disputes registered each year. Ministry of Labor
officials estimated that there were just over 2 million labor
violations in 2001. The court is a pilot project and is expected to
lead to a system of similar arbitration courts in various regions.
However, a shortage of resources has limited the creation of additional
courts.
The law provides for the right to strike; however, this right
remained difficult to exercise. Most strikes were considered
technically illegal, because the procedures for disputes were
exceedingly complex and required the coordination of information from
both sides, even before courts became involved, and civil courts could
review strikes to establish their legality. The new Labor Code includes
further limits on workers' and trade unions' ability to conduct
strikes. Approval by a majority of participants to a conference
composed of at least two-thirds of all workers at an enterprise,
including management, is needed, whereas previous legislation only
required a quorum of workers.
The law specifies that a minimum level of essential services must
be provided if a strike could affect the safety or health of citizens.
Under this definition, most public sector employees cannot strike.
After a trade union declares a strike, the trade union, management, and
local executive authority have 5 days to agree on the required level of
essential services. If no agreement is reached--which is often the
case--the local executive authority simply decrees the minimal
services, and often sets them at approximately the same level as the
average workload. The civil court has the right to order the
confiscation of union property to settle damages and losses to an
employer if a strike is found to be illegal and not discontinued before
the decision goes into effect. As a result, an increasing number of
strikes were organized by strike committees rather than by unions.
There were no prolonged strikes during the year. Overall strike
activity remained relatively low, with only 80 strikes officially
registered during the year. Court rulings have established the
principle that nonpayment of wages--still by far the predominant
grievance--is an individual dispute and cannot be addressed
collectively by unions. As a result, a collective action based on
nonpayment of wages was not recognized as a strike. Individuals were
thus not protected by the labor law's provisions against being fired
while on strike.
The law bans strikes in the railway and air traffic sector, at
nuclear power stations, and by members of the military, militia,
government agencies, and disaster assistance organizations. As a
result, workers in these professions sometimes resorted to other forms
of protest such as rallies, days of action, or hunger strikes. In early
May, management at the Zleznodorozhniy railway depot in the Moscow
Oblast filed suit over the legality of a strike by a railway workers'
union, arguing that the action endangered the general population and
the decision to conduct a strike was not approved by a general meeting
of all employees at the depot. While the court did rule the strike
illegal, the court also reprimanded depot management for causing the
strike by refusing to participate in the resolution of the collective
labor dispute that provoked the strike. On December 25, the
Transportation Ministry reached an agreement on increased wages with
the Air Traffic Controllers' Union of Russia (FPAD) and the Union of
Aviation Radio and Navigation Workers (PARRIS) that succeeded in ending
a hunger strike, which had begun on December 22. The strike affected
air traffic at some 304 airports in Russia.
Reprisals for strikes were common, although strictly prohibited by
law. In 2001 a union of elevator maintenance employees in Tyumen
conducted strikes in January and April and succeeded in gaining delayed
wage payments and higher salaries from management at the elevator.
However, immediately after the second strike, management reorganized
operations at the elevator and demanded that all of the 250 members of
the union sign new 1-year contracts in order to retain their positions.
Union leadership succeeded in convincing only 38 members that such
actions were not standard procedures during a reorganization. The
remaining union members terminated their full-time status and also lost
all the wage guarantees gained during the strike. Union membership at
the elevator dropped to only 70 members.
The 1999 killing of Gennadiy Borisov, a leader of the Vnukovo
Airlines Technical and Ground Personnel Union, remained unresolved.
There were no reports to indicate that the authorities were actively
pursuing an investigation.
Company management has sought to break up unions that conducted
strikes by means of the reorganization of enterprise operations. For
example, labor disputes between a local independent union of dock
workers (RPD) and management at the Kaliningrad Port date back to
October 1997. Following an unsuccessful strike, management restructured
the port, creating a second legal entity and transferring all cargo
movement to it. Workers who agreed to leave, or did not join, the union
were transferred to the new unit, which provided improved conditions,
and most of the remaining union members were subsequently fired. Legal
maneuvers have continued on both sides, with the management refusing
Court rulings in favor of the union, which has filed a case with the
ILO.
In December the Government refused to permit the longtime director
of the Solidarity Center, an NGO that provides technical assistance and
training to workers and promotes cooperation among labor, management
and government, to reenter the country. The director was a foreigner
who had been resident in Russia for more than 10 years. The refusal
apparently was related to her activities in support of labor actions.
There were no export processing zones. Worker rights in the special
economic zones and free trade zones were covered fully by the new Labor
Code and were the same as in other parts of the country.
c. Prohibition of Forced or Bonded Labor.--The new Labor Code
prohibits forced or bonded labor, including late or incomplete wage
payments (see section 6.e.); however, there were instances of the use
of forced or bonded labor (see Section 6.f.). There continued to be
credible reports that significant numbers of foreign workers from other
countries of the former Soviet Union were forced to work without pay
because their passports were held by firms that brought them into the
country. There were reports that approximately 4,000 North Koreans were
brought into the country to work in the construction and timber
industries in the Far East, with salaries remitted directly to their
government. Amnesty International charged that a 1995 Russian-North
Korean bilateral agreement allows for the exchange of free labor for
debt repayment, although the Government claimed that a 1999
intergovernmental agreement gave North Korean citizens working in the
country the same legal protections as citizens.
Military officers reportedly sent soldiers under their charge to
work on farms to gather food for their units or perform work for
private citizens or organizations. The USMC reported that the practice
by officers and sergeants of ``selling'' soldiers to other officers
with a military need for personnel or to perform such private
activities as building private dachas constituted forced labor. Such
abuses were often linked to units in the Northern Caucasus military
district. The largest single group of such complaints the USMC received
between January and September 2001 concerned the Ministry of Internal
Affairs.
The Labor Code prohibits forced or bonded labor by children;
however, there were reports that such practices occurred (see Sections
6.d. and 6.f.). Parents who begged in underpasses and railway stations
of larger cities often had their children approach passersby. ILO
reports on working street children in St. Petersburg, Moscow, and
Leningrad Oblast indicated that some of these children give their
parents the proceeds from their begging.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The new Labor Code retains prohibitions against the
regular employment of children under the age of 16 and also regulates
the working conditions of children under the age of 18, including
banning dangerous, nighttime, and overtime work; however, the
Ministries of Labor and the Interior, which are responsible for child
labor matters, did not enforce these laws effectively. Children could,
under certain specific conditions and with the approval of a parent or
guardian, work at the ages of 14 and 15. Such programs must not pose
any threat to the health or welfare of children. The Federal Labor
Inspectorate, under the auspices of the Ministry of Labor, was
responsible for routinely checking enterprises and organizations for
violations of labor and occupational health standards for minors. In
2001 the Labor Inspectorate reported approximately 12,000 cases of
child labor violations. There was no reliable information on the number
of cases in which an employer or organization was prosecuted for
violating laws on child labor. Local police authorities were
responsible for conducting inspections of organizations or businesses
suspected of violating child labor laws; however, in practice
investigations only occurred in response to complaints.
Accepted social prohibitions against the employment of children and
the availability of adult workers at low wages generally prevented
widespread abuse of child labor. Nonetheless, the transition from a
planned to a market economy has been accompanied by drastic economic,
political, and social changes, including an increase in the number of
children working and living on the streets. This was largely due to a
deterioration in the social service infrastructure, including access to
education and health care (see Section 5). In some cases, economic
hardship has undermined traditions and social customs and eroded the
protection families traditionally provided to children. Children often
were used by their parents to lend credence to their poverty when
begging. Homeless children particularly were at risk for exploitation
in prostitution or criminal activities (see Section 6.f.). There were
no effective sanctions against persons using the labor of children in
prostitution and pornography.
On December 25, the Duma ratified ILO Convention 182 on the worst
forms of child labor.
e. Acceptable Conditions of Work.--The new Labor Code states that
the monthly minimum wage, which was approximately $14 (450 rubles),
should not be less than the monthly official subsistence level of $60
(1,893 rubles), which is not sufficient to provide a decent standard of
living for a worker and family. Average wages decreased to $141 (4,426
rubles) per month during the year compared with $143 (4,657 rubles) per
month during 2001. Separate legislation is still needed to determine
the timeframe for raising the monthly minimum wage to the monthly
subsistence level. Approximately 27 percent of the population had
incomes below the official subsistence minimum; however, most workers
received several times the monthly minimum wage, and the monthly
minimum wage was essentially an accounting reference for calculating
university stipends, pensions, civil service wages, and social
benefits; it was not a number used for real salaries. Enterprises often
used this number to avoid taxation by reporting the number of employees
paid at the monthly minimum wage instead of reporting actual salaries.
Studies have shown that over 30 percent of private sector employees
earned more than their registered wage and that 10 percent of this
group actually earned at least 6 times the official wage level. In
addition, much of the population continued to reside in low-rent or
subsidized housing and received various social services from
enterprises or municipalities.
The new Labor Code retains a standard workweek of 40 hours, with at
least one 24-hour rest period, and requires premium pay for overtime
work or work on holidays; however, workers have complained of being
required to work in excess of the standard workweek (10- to 12-hour
days are common), of abrogated negotiated labor agreements, and of
forced transfers.
Although the incidence of nonpayment of wages declined, it
continued to be the most widespread abuse of labor legislation,
especially for workers in education, research, and medicine. Under the
new Labor Code, employers must pay penalties for late or partial
payment and are required to pay two-thirds of a worker's salary if the
worker remains idle by some fault of the employer. Proving that an
employer is at fault, however, was difficult. While the overall problem
of nonpayment of wages continued to diminish, total wage arrears at
year's end totaled $960 million (30.6 billion rubles). Although some
enterprises still forced their employees to take wages in barter, the
practice continued to decrease.
An increasing number of workers who were owed back wages sought
relief through the court system, but the process was lengthy. Courts
often were willing to rule in favor of employees, but the collection of
back wages remained difficult. Courts often insisted that cases be
filed individually, in contradiction to the Law on Trade Unions,
thereby undercutting union attempts to include the entire membership in
one case. This insistence also made the process lengthier and more
difficult for the affected workers and exposed them to possible
retaliation (see Section 6.b.). The practice of removing the names of
workers who won judgments for back wages, but did not yet receive the
wages, from the list of those permitted to buy food on credit from the
company store continued.
A lack of labor mobility continued to be a problem. For various
reasons, many workers were not able to move to other areas of the
country in search of work. Many were constrained economically because
their savings were destroyed by past inflation and the nonpayment of
wages. Freedom to move in search of new employment was limited further
by the system of residency permits which, although unconstitutional,
was still in use in cities such as Moscow and St. Petersburg (see
Section 1.d.). Other workers effectively were tied to enterprises that
could only give them credits at the company cafeteria and grocery and
the hope of future salary payments. The knowledge that workers cannot
easily move across regions and find employment has made managers in
some one-factory towns reluctant to lay off workers. Because of the
inability of local employment agencies to provide benefits or to absorb
laid-off employees from some factory towns, local governors and mayors
often overturned the enterprises' decisions to lay off workers who were
not really working. Other factors, such as the availability of
subsidized housing and cultural ties to locations, also inhibited the
movement of workers.
The law establishes minimum conditions for workplace safety and
worker health; however, the Federal Labor Inspectorate within the
Ministry of Labor lacked the financial and human resources to enforce
these standards effectively. Workers wore little protective equipment
in factories, enterprises stored hazardous materials in open areas, and
smoking was permitted near containers of flammable substances. Funds
remained limited for safety and health in the workplace.
The new Labor Code provides workers with the right to remove
themselves from hazardous or life-threatening work situations without
jeopardy to their continued employment; however, labor inspectorate
resources to enforce this right remained limited. In addition, workers
were entitled to such compensations as shorter hours, increased
vacations, extra pay, and pension benefits for working under such
conditions; however, the pressure for survival often displaced concern
for safety, and the risk of industrial accidents or death for workers
remained high, although reliable statistics on accident and death rates
at the workplace were not available. Miners were known to remove the
supports from mineshafts and sell them for scrap metal, while doctors
and nurses sold health and safety equipment at hospitals to patients'
families in order to supplement salaries that often remained below the
minimum subsistence level.
In late 2001, a train engineer at the Zheleznodorozhniy railway
depot in the Moscow Oblast was disciplined and denied a bonus for
refusing to climb on top of a train car to inspect its condition.
Routine roof checks at the depot were generally performed by staff who
were equipped with special safety gear to protect them from live
electrical wires and possible falls from the 15-foot-high cars;
however, management required train engineers to perform this task when
on the road, since internal railroad safety regulations did not list
such tasks as dangerous. On the other hand, inter-industrial safety
regulations included this task among dangerous occupations. The train
engineer subsequently filed a suit against management; however
management refused to appear, and the case was settled out of court.
Foreign workers residing and working legally in the country were
entitled to the same rights and protections provided to citizens under
the law. Foreign workers residing and working illegally in the country
may be subject to deportation but may seek recourse through the court
system. There were credible reports that several thousand Ukrainians
and Belarusians were living and working illegally in Moscow and other
larger cities for significantly lower wages than Russian workers and
under generally poor conditions. The Labor Code prohibits forced or
compulsory labor; however there were reports that foreign workers were
brought into the country to perform such work (see section 6.c.).
f. Trafficking in Persons.--The law does not specifically prohibit
trafficking in persons, and although other provisions of the law may be
used to prosecute traffickers, trafficking in women and children was a
problem. There were no reliable estimates of its scope, but observers
believed that trafficking was widespread. There were reports that the
corruption of government officials facilitated trafficking.
Although no specific legislation addresses trafficking, several
articles of the Criminal Code may be used to prosecute trafficking
effected by force. For example, the law provides for a punishment of up
to 5 years' imprisonment for the unlawful violation of the country's
borders by a ``group of persons in prior arrangement or by an organized
group either using violence or the threat of violence.'' The law
prohibits forcing a person into sexual activity, drawing a person into
prostitution by force or threat of force, and organizing and
maintaining a house of prostitution. The law punishes those who use
forged documents to smuggle persons across a border; crossing the
country's borders without required documentation is punishable by a
fine or imprisonment of up to 2 years; however, under the law, it was
extremely difficult to prosecute a trafficker who persuades an adult
victim to leave the country with him voluntarily, even for purposes of
prostitution. It is much easier to prosecute a trafficker of minors,
although the age of consent is 14. Prostitution is not a crime,
although a 2001 revision of the Administrative Code made prostitution
and pimping administrative violations (see Section 5). Fraud was the
most frequent basis for prosecuting traffickers; however, the
Government rarely investigated or prosecuted cases of trafficking of
adults. Using fraud laws, Republic of Kareliya authorities attempted to
prosecute individuals who trafficked young women to the United States.
Republic authorities were unable to establish that the company
concerned knew that the women would be defrauded once they were in the
United States. The authorities consider that most of the illegal
activity such as forced labor, sexual abuse, and deprivation of wages,
takes place outside the country's borders and therefore is not within
their jurisdiction.
Law enforcement bodies took the trafficking of children more
seriously. In 2001, with the help of foreign law enforcement agencies,
authorities were able to break up three major domestic child
pornography rings during the year, which the police believed victimized
hundreds of children.
The Russian Federation was a country of origin for trafficking in
persons, particularly in the trafficking of women. Women reportedly
were trafficked to European Union countries, the Middle East, Asia, and
the United States. For example, reportedly 15,000 women and children
were trafficked into ``sex slavery'' in China. Some believed that fraud
statutes could be used as a basis for the prosecution of those who
arrange for the contracting and transportation of the victims but also
that an international cooperative law enforcement investigation would
be required to establish such a link, an effort beyond the capacity of
many local law enforcement organs. Efforts to prosecute such cases in
Kareliya ended in acquittals. The country also served as a transit and
destination country for women trafficked from the Caucasus and Central
Asia to Western Europe. There were reports that women from Tajikistan,
Ukraine, and other countries of the former Soviet Union were trafficked
to Russia. There also were reported cases of Korean women trafficked to
the country. NGOs alleged that organized crime increasingly was
involved in trafficking in women and children, but reliable data were
not available.
According to U.N. statistics, 63 percent of the registered
unemployed were women, and many women were single parents facing a
sharp decrease in social services since the end of the Soviet welfare
state. These factors rendered increasing numbers of women from all
educational backgrounds vulnerable to traffickers. Advertisements
offering high-paying jobs abroad to young and attractive women were
extremely common. MVD officers reported that most traffickers were
criminal groups recruiting under the guise of employment agencies. Many
traffickers placed ads in newspapers or public places for overseas
employment; some employed women to pose as returned workers to recruit
victims; some placed Internet or other ads for mail order brides; some
were recruited by partners or friends. Women responded to such
advertisements, usually paying their traffickers a fee for the service,
for visa assistance, for their tickets, and often for other expenses.
Upon arrival they are deprived of their travel and identification
documents, and often all other personal effects, and forced to work in
prostitution and other industries. Victims also were threatened with
violence and told they were in violation of local law in order to
frighten them away from local law enforcement agencies. They were
isolated linguistically and removed from their social and family
support systems, rendering them totally dependent upon their
traffickers.
According to credible media reports, some employers forced workers
from countries of the former Soviet Union--such as Uzbekistan--to work
without pay. Employers or the individuals who brought the workers into
the country withheld the workers' passports or other documentation and
threatened them with exposure to law enforcement or immigration
authorities if they demanded payment. At times the recruiter demanded
part or all of the worker's wages to avoid deportation.
There were reports that children were kidnapped or purchased from
parents, relatives, or orphanages for sexual abuse, child pornography,
and the harvesting of body parts. When police investigated such cases,
they sometimes found that these children were adopted legally by
families abroad; however, there were confirmed cases of children
trafficked for sexual exploitation. National law enforcement
authorities believed that there was a brisk business in body parts, but
international law enforcement and other organizations found no evidence
to support this claim. Trafficking also was alleged to occur within the
country's borders in the form of transport of young women from the
provinces to the major cities to work as strippers and prostitutes. The
more remote and impoverished the region the more vulnerable persons
were to enticement. Many believed that these young women became
involved voluntarily in prostitution; however, police confirmed that
there was an element of coercion involved in prostitution that involved
organized criminal groups. Men also reportedly were trafficked for
their physical labor.
There were reports that individual government officials took bribes
from individuals and organized trafficking rings to assist in issuing
documents and facilitating visa fraud. Law enforcement sources agreed
that often some form of document fraud was committed in the process of
obtaining external passports and visas, but they were uncertain to what
extent this involved official corruption rather than individual or
organized criminal forgery and fraud. There were reports of
prosecutions of officials involved in such corruption. The penalty for
violating border laws with fraudulent documents was up to 3 years. The
penalty for taking bribes was 3 to 7 years. Those who were charged with
more than one crime received heavier sentences.
Government officials at the highest level, and most law enforcement
agencies, acknowledged that a trafficking problem exists. Law
enforcement bodies took no specific measures to prevent the export of
women for the purpose of sexual exploitation. The belief that women
were aware of the risks involved but choose to go anyway was pervasive.
Criminal prosecution generally followed cooperation with international
law enforcement structures. The MVD believed that the problem of
trafficking in persons was primarily the responsibility of the Ministry
of Foreign Affairs and consular services abroad. In October 2001,
President Putin transferred responsibility for migration and
immigration issues, including trafficking, to the MVD. Interior
Minister Gryzlov oversaw a commission to develop programs for
addressing problems including trafficking. The MVD, the FSB, and the
Procuracy sought to cooperate with foreign governments on ways to
combat trafficking, and law enforcement agencies participated in
foreign-funded training programs; however, these agencies were not
optimistic about reversing the trend through law enforcement alone.
They all stated that better legislation was necessary before any law
enforcement response was possible.
NGOs claimed that Russian consular officials abroad refused to help
trafficked women. The MFA confirmed that it had no policy on assistance
to victims of trafficking and was working to create appropriate
guidance. Victims rarely filed complaints against the agencies that
recruited them once they returned to the country, reporting that fear
of reprisals often exceeded their hope of police assistance. Law
enforcement authorities acknowledged that they rarely opened a case
following such complaints because often no domestic law was broken, and
law enforcement authorities are evaluated according to the number of
cases they close.
There were no government initiatives to bring trafficking victims
back to the country. Unless deported by the host country, women had to
pay their own way home or turn to international NGOs for assistance.
Women reported that without their documentation, which was often
withheld by traffickers, they received no assistance from Russian
consulates abroad. The Government did not provide direct assistance to
trafficking victims. Victims of trafficking could turn to a crisis
center or other NGOs that render assistance to female victims of sexual
and other kinds of abuse (see Section 5). Many of the more than 55
crisis centers and anti-trafficking NGOs throughout the country
provided information on trafficking and some provided assistance. NGOs
that were members of the ``Angel Coalition'' claimed to have rescued a
few women and have assisted several trafficking victims to reintegrate
upon return to the country. These NGOs received varying degrees of
support from regional and local governments. Some were invited to brief
local officials and law enforcement personnel, and some provided
training to local crisis centers and hospital staff. The Duma Committee
on Legislation also sought the input of NGOs in its project to develop
anti-trafficking legislation. Some foreign-funded crisis centers, such
as the Anna Crisis Center in Moscow and the Women's Center in the
Republic of Kareliya, provided psychological consultations for
trafficking victims. In September a new center, partially funded by the
Lutheran Church, opened in St. Petersburg to provide help to victims of
trafficking. NGOs continued their activities in the areas of public
education and victim support. For example, during the year, with the
assistance of Winrock International, 28 NGOs in 12 cities of the Far
East and Siberia provided economic empowerment training to 900 women in
an effort to prevent trafficking.
__________
SAN MARINO
San Marino is a democratic, multiparty republic. The popularly
elected Parliament (the Great and General Council--GGC) selects two of
its members to serve as the Captains Regent (co-Heads of State).
Captains Regent preside over meetings of the GGC and of the Cabinet
(Congress of State), which has 10 other members (Secretaries of State)
also selected by the GGC. The Secretary of State for Foreign Affairs
has some of the prerogatives of a prime minister. The judiciary is
independent.
Elected officials effectively controlled the centralized police
organization (the Civil Police), which was responsible for internal
security and civil defense; the Gendarmerie, a military group that was
responsible for internal security and public order; and the Guardie di
Rocca, a military group that was responsible for external defense and
occasionally assisted the Gendermerie in criminal investigations.
The country had a total population of approximately 25,000. The
principal economic activities were tourism, farming, light
manufacturing, and banking. In addition to revenue from taxes and
customs, the Government also derived revenue from the sale of coins and
postage stamps to collectors throughout the world and from an annual
budget subsidy provided by the Italian government under the terms of
the Basic Treaty with Italy.
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. Some remnants of legal and societal
discrimination against women remained, particularly with regard to the
transmission of citizenship. San Marino was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 government officials employed them.
Prison conditions generally met international standards. Male
prisoners were held separately from female prisoners, as were juveniles
from adults and pretrial detainees from convicted prisoners. The
Government permitted visits by independent human rights monitors.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system requires that the country's lower court judges
be noncitizens, with the aim of assuring impartiality; most lower court
judges are Italian. A local conciliation judge handles cases of minor
importance. Other cases are handled by the non-Sammarinese judges who
serve under contract to the Government. The final court of review is
the Council of Twelve, a group of judges chosen for 6-year terms (four
of whom are replaced every 2 years) from among the members of the GGC.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Violations were
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 generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press, including academic freedom.
Access to the Internet was unrestricted.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
The law does not provide for the granting of refugee or asylee
status in accordance with the 1951 U.N. Convention or its 1967
protocol. Asylum or refugee status is granted by an act of the Congress
of State; however, the Government did not formally offer asylum to
refugees. The Government has permitted a few individuals to reside and
work in the country, and the Government cooperated 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 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 citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
There were no legal impediments to the participation of women in
politics. In the past, women have served on the Council, including as
Secretary of State for Internal Affairs and as Captain Regent; however,
no women served in such positions during the year. Women held positions
in the mainstream party organizations.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights organizations, although the
Government did not impede their formation. The Government had declared
itself open to investigations of alleged abuses by international NGOs,
but there have been no known requests.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination based on race, disability,
language, or social status. The law also prohibits some forms of
discrimination based on sex; however, vestiges of legal as well as
societal discrimination against women remained.
Women.--The law provides for the protection of women from violence,
and occurrences of such violence, including spousal abuse, were rare.
Several laws provide specifically for the equality of women in the
workplace and elsewhere. In practice there was no discrimination in pay
or working conditions. All careers were open to women, including
careers in the military and police as well as the highest public
offices.
The citizenship law provides that both men and women may transmit
citizenship either through birth or naturalization. The children of
male citizens only need to state their intent to retain citizenship
whereas the children of female citizens must state their ``desire'' to
retain citizenship; it is not clear if this will affect the
transmission of citizenship in practice.
According to Foreign Ministry sources, several hundred children of
citizen women who are married to noncitizen men and reside in the
country opted to become citizens during the year. Reportedly most
children of citizens residing abroad did not take this opportunity
during the year.
Children.--The Government was committed to children's rights and
welfare; it amply funded systems of public education and medical care.
Education was free until grade 13 (usually age 18), and compulsory
until age 16. Most students continued in school until age 18. No
differences were apparent in the treatment of girls and boys in
education or health care, nor was there any societal pattern of abuse
directed against children.
Persons with Disabilities.--There was no discrimination against
persons with disabilities in employment, education, or in the provision
of other state services.
A 1992 law established guidelines for easier access to public
buildings, but it never has been implemented fully.
Section 6. Worker Rights
a. The Right of Association.--By law all workers (except the armed
forces but including the police) are free to form and join unions, and
workers exercised this right in practice. The law sets the conditions
for the establishment of labor unions. Union members constituted
approximately half of the country's work force (which numbered
approximately 10,300 citizens plus 4,000 resident Italians). Trade
unions formally were independent of the Government and the political
parties; however, trade unions had close informal ties with the
political parties, which exercised strong influence over them.
Unions may freely form or join federations and affiliate with
international bodies.
b. The Right to Organize and Bargain Collectively.--The law gives
collective bargaining agreements the force of law and prohibits
antiunion discrimination by employers, and workers exercised these
rights. Effective mechanisms existed to resolve complaints.
Negotiations were conducted freely, often in the presence of government
officials (usually from the Labor and Industry Departments) by
invitation from both the unions and the employers' association.
Complaints generally were resolved amicably by a ``conciliatory
committee'' composed of labor union and business association
representatives and government officials.
Workers in all nonmilitary occupations have the right to strike. In
May following over a decade without strikes or with brief sector-wide
and company strikes, a 1-day general strike was called to support the
labor unions' request for the approval of new contracts in the public
administration and industrial sector.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum working age and compulsory education age
ceiling is 16 years. The Ministry of Labor and Cooperation permits no
exceptions. The law does not limit children between the ages of 16 and
18 from any type of legal work activity.
e. Acceptable Conditions of Work.--The legal minimum wage during
the year was approximately $1,200 (1,229 euros) per month, which
afforded a decent standard of living for a worker and family. Wages
generally were higher than the minimum.
The law sets the workweek at 36 hours in public administration and
37 \1/2\ hours in industry and private business, with 24 consecutive
hours of rest per week mandated for workers in either category.
The law stipulates safety and health standards, and the judicial
system monitors these standards. Most workplaces implemented the
standards effectively, but there were some exceptions, notably in the
construction industry, where not all workers, particularly foreign
workers hired for a specific contract, consistently abided by safety
regulations such as work hour limitations. The Government monitored
closely the implementation of safety regulations in the construction
industry, but improvement has been slow.
Two laws treat foreign workers differently from citizens of the
country: The first prohibits indefinite employment status for foreign
workers with nonresident status; and the second requires non-Italian
foreign workers to obtain an Italian residence permit before they can
apply for employment. In practice these provisions limited the
application of unemployment benefits to foreigners because such
benefits were granted for a period of 12 months.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, there were no reports that persons were trafficked
to, from, or within the country.
----------
SLOVAK REPUBLIC
The Slovak Republic became an independent state in 1993, following
the dissolution of Czechoslovakia. The Constitution provides for a
multiparty parliamentary democracy, with power shared between a
popularly elected President and the 150-member Parliament. Rudolph
Schuster was elected for a five-year term in the first direct
presidential elections in May 1999. In the fall, a reform-oriented
government, led by Prime Minister Mikulas Dzurinda, was reelected after
parliamentary elections. Both elections were declared free and fair by
the Organization for Security and Cooperation in Europe (OSCE). The
Constitution provides for an independent judiciary, and several
amendments to strengthen the status of the courts were implemented
during the year; however, corruption and inefficiency within the
judiciary were serious problems.
The national police had sole responsibility for internal and border
security. With the exception of the Slovak Information Service (SIS),
which reported directly to the Prime Minister, all security forces were
under the Ministry of the Interior. A parliamentary commission composed
of legislators from ruling and opposition parties oversaw the SIS.
Civilian authorities maintained effective control of the security
forces. Some members of the police and SIS forces committed human
rights abuses, although the performance of the security forces,
particularly the police, continued to improve during the year. Some
members of the police were investigated for committing past human
rights abuses, particularly against the Roma minority.
The country's population was approximately 5.4 million. The economy
was a mixture of heavy industry, with a long tradition in steel and
iron production, manufacturing, processing of raw materials, and
agricultural commodities. Industry and the banking sector have been
largely privatized. In the first half of the year, the private sector
generated approximately 88.2 percent of the GDP. Real annual economic
growth was 3.9 percent during the same period, and inflation was at an
all-time low in July, falling to 2 percent. The unemployment rate was
approximately 18.5 percent nationwide, but it approached 30 percent in
some regions, and was virtually 95 percent in most Roma settlements.
The nominal average monthly wage was $368. The country provided
citizens with unemployment benefits of approximately 90 percent of the
average wage.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police officers
allegedly on occasion beat and abused persons, particularly Roma. A few
politicians used discriminatory language against minorities election
campaigns during the year. Skinhead attacks on Roma and other
minorities continued. The number of prosecutions of racially motivated
crimes increased during the year, but some NGOs alleged that a number
of hate crimes were not thoroughly investigated and the perpetrators
were not punished. Ethnic minorities, particularly Roma, faced
considerable societal discrimination. Domestic violence against women
and children remained a problem. Trafficking in women also remained a
problem, particularly among Roma. Reform of the country's political and
economic structure led to an invitation in December to join the
European Union (EU) in May 2004. The Slovak Republic was invited by the
Community of Democracies' (CD) Convening Group to attend the November
2002 second CD Ministerial Meeting of in Seoul, Republic of Korea, as a
participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
Seven police officers, who were charged with torture and inhuman
and degrading treatment in the 2001 death of a Rom, Karol Sendrei, were
dismissed from the police force. Investigation of the case was
completed in September; however, the four defendants remaining in
detention applied for release and their request was pending at year's
end, further delaying the beginning of the trial. The investigation
into the alleged involvement of the Mayor of Magnezitovce in this
incident was reopened after a judgment from the Supreme Court, although
on a lesser charge of bodily harm.
Newly appointed Interior Minister Vladimir Palko continued many
reforms of the previous Interior Minister, particularly in the areas of
abuse of power and anticorruption. However, further reform is needed at
the municipal police level, where the majority of the abuse occurred.
The police officer who shot and killed a 21-year-old Rom during an
interrogation in 1999 was found guilty of not securing his weapon and
suspended for 1 year. The complaint filed by the European Roma Rights
Center remained pending before the European Court of Human Rights
(ECHR) 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 such practices; however, on
occasion both national and municipal police allegedly beat suspects in
custody, primarily Roma. Many reports of police misconduct pointed to
local police forces. In 2001 the U.N. Committee Against Torture (CAT)
expressed concern for inadequate police investigation concerning
violence against Roma citizens and excessive force used by police
officers.
Police reportedly used pressure and threats to discourage Roma from
pressing charges of police brutality (see Section 1.e.). Credible
sources stated that at times police contributed to the problem of
violence against Roma by not thoroughly investigating attacks against
them in a timely and thorough manner, or by coercing Roma not to submit
potentially incriminating evidence (see Sections 1.e. and 5.).
Skinhead attacks against Roma and other minorities occurred during
the year. There were reports that police were not actively and
effectively investigating skinhead attacks. However, the new Police
Center for Monitoring Extremist Activities organized several raids on
suspected meeting places of extremist groups and cooperated on fact
finding investigations with NGOs during the year. The police also
created a methodology for investigating racially motivated crimes and
produced information pamphlets and cards to identify neo-Nazi symbols
and clothing.
In July Ivan Lexa was extradited from South Africa to face eleven
criminal charges in the country. The prosecutor filed an appeal to the
Supreme Court to also allow prosecution for the abduction case of the
son of former president, Michal Kovac. However, the amnesty granted by
Former Prime Minister Meciar was upheld by the court during the year;
he remained in custody on other charges at year's end.
Prison conditions generally met international standards. Men and
women were held separately, as were juveniles from adults, and pretrial
detainees from convicted criminals.
The Government permitted visits by independent human rights
observers. The Slovak Helsinki Committee was still attempting to obtain
government approval to observe prison conditions at year's end.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
A person accused or suspected of a crime must be given a hearing
within 48 hours (or a maximum of 72 hours in serious cases) and either
be released or remanded by the court. During this time, the detainee
has the right to an attorney. If remanded by a court, the accused is
entitled to an additional hearing within 48 hours, at which time the
judge either releases the accused or issues a substantive written order
placing the accused in custody.
Investigative detention may last 18 to 40 days, with further
pretrial detention permitted. The total length of pretrial detention
may be extended every 6 months for up to 3 years. If the Supreme Court
determines that the person constitutes a serious danger to society, the
period of detention may be extended up to 5 years. However, there were
a number of instances during the year when criminals were released from
detention allegedly due to the influence of organized crime elements,
personal connections, or bribery of judiciary officials. In September
the Minister of Justice Carnogursky threatened to recall a district
judge who missed a deadline resulting in the release of seven suspected
members of an organized crime syndicate charged with murder. In another
incident, investigators threatened to charge three Supreme Court
Justices with a complaint after they reversed the decision of a lower
court, releasing Ivan Lexa, former head of the SIS, from pretrial
custody after his extradition from South Africa to face eleven charges,
including abuse of power and complicity in kidnaping. Lexa was taken
back into custody in December, when he was charged with ordering the
1996 murder of Robert Remias (see Section 1.c.).
The law allows family visits and provides for a court paid attorney
if one is needed. There was a bail system. Detainees have the right to
see an attorney immediately and must be notified of this right;
however, one NGO reported that in practice, not all detainees were
notified of their rights.
Noncitizens may be held for up to 6 months for identification
purposes, but most applied for asylum and were released. NGOs
contracted by the UNHCR periodically monitored the detention facilities
and offered legal counsel. While asylum applications were pending,
detainees were transferred to a refugee reception center and were held
for 30 days in quarantine. Applicants for asylum were then transferred
to a refugee center. Noncitizen children in detention facilities and
reception centers were not offered access to education, but access to
physicians was provided.
The law allows monthly family visits upon request, and receipt by
detainees of a package of up to 10 pounds every 2 weeks. Attorney
visits were allowed as frequently as necessary, and consular visits
were allowed upon request by a judge.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for
courts that are independent, impartial, and separate from the other
branches of government; however, there were reports of problems with
corruption and inefficiency in the judiciary. In the past, critics
alleged that the independence of the judiciary was undermined by its
dependence on the Ministry of Justice for logistical and administrative
support. In March amendments to the Constitution formally recognized
the relationship between the Ministry of Justice and the Judicial
Council, an independent organization of lawyers and judges. This
council provided recommendations to the Ministry on issues pertaining
to budgets, schedules, appointments, and judicial evaluations; however,
it was not convened until September, when funds were made available.
Another amendment abolished the 4-year probationary period for judges
and they are now appointed for life. The controversial Supreme Court
President Stefan Harabin was reelected in December, despite allegations
that he granted unbalanced year-end bonuses to influence votes.
However, his formal appointment was delayed when his opponent took
legal action, claiming that voting procedures violated his rights.
Harabin allegedly broke an unwritten rule by casting a vote for
himself. Many activists credibly alleged that some judges were corrupt.
Public perception of corruption and inefficiency in the judiciary
remained at a very high level. According to a recent World Bank report,
25 percent of households involved in court procedures admitted to
paying a bribe to an official of the judiciary.
The court system consists of 55 district courts and 8 regional
courts, with the Supreme Court as the highest court of appeals. There
is a separate Constitutional Court with no ties to the Ministry of
Justice that considers constitutional issues. In addition there is a
separate military court system; its decisions may be appealed to the
Supreme Court and the Constitutional Court. Under the Constitution, the
President appoints Constitutional Court judges to 12-year terms based
upon parliamentary nominations; the number of Justices recently
increased to 13.
Under the law, persons charged with criminal offenses are entitled
to fair and open public trials, although in practice observers stated
that corruption among judges could infringe on a persons right to a
fair trial. Individuals have the right to be informed of the charges
against them and of their legal rights, to retain and consult with
counsel sufficiently in advance to prepare a defense, and to confront
witnesses. Defendants enjoy a presumption of innocence. Defendants also
have the right to refuse to incriminate themselves, and they may appeal
any judgment against them. According to existing legislation, suspects
are also presumed innocent during the appeal process, and if that
process lasts more than 3 years, the suspect must be released.
Occasionally criminals were released from prison because they did not
have a complete trial within the 3-year time limit. Lengthy pretrial
detention remained a problem.
Human rights observers continued to charge that police
investigators were reluctant to take the testimony of witnesses,
particularly Roma, regarding skinhead attacks on Roma. They also
contended that on occasion, police failed to investigate cases of
skinhead violence when the skinheads did not admit to the crime (see
Sections 1.c. and 5). Some NGOs reported that the police operated under
severe constraints, including insufficient resources and a lack of
modern equipment. In addition, only evidence collected by the
investigator during the 48-hour detention period can be considered in
the decision whether or not to hold the suspect. However, human rights
observers also reported that in practice, police used countercharges or
threats of countercharges to pressure Roma victims of police brutality
to drop their complaints. They also reported that in practice medical
doctors and investigators cooperated with police by refusing to
describe accurately the injuries involved, and that lawyers often were
reluctant to represent Roma in such situations for fear that it would
have a negative effect on their law practices.
Credible sources stated that it was increasingly difficult for
indigent citizens and marginalized groups, such as minorities and
persons with disabilities, to obtain noncriminal legal representation,
making it more difficult for some who believed their rights were
violated to take legal action. In 2001 the Ministry of Justice
initiated a program in which free legal advice was offered in seven
cities every Wednesday for 5 hours; however, a legal NGO claimed that a
more systematic approach was necessary. The Slovak Bar Association
cooperated with the Ministry of Justice on several projects and
encouraged their members to provide free legal services. The bar
association has the authority within their bylaws to ask lawyers to
accept indigent cases under certain conditions. During the year, the
Association received 200 such applications and was only able to
identify 8 available lawyers. They were also unable to identify funding
for programs that would have increased legal representation for
indigent citizens.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law provides for these rights; however, at times
the authorities infringed on these rights in practice. The Criminal
Code requires police to obtain a search warrant in order to enter a
home. The court may issue such a warrant only if there is a well-
founded suspicion that important evidence or persons accused of
criminal activity are present inside, with few exceptions. Police must
present the warrant before conducting the search or within 24 hours
afterwards. Some Roma activists alleged that occasionally local police
have entered Roma homes without a search warrant. This was reportedly
most common in the eastern part of the country.
The law regulates wiretapping and mail surveillance for the
purposes of criminal investigation, which may be conducted by order of
a judge or prosecutor only in cases of extraordinarily serious
premeditated crimes or crimes involving international treaty
obligations. Late in the year, the Chairman of the Alliance of New
Citizens (ANO), Pavol Rusko, received information that his telephone
communications were monitored. The Ministry began an investigation into
his allegations. In previous years, other prominent politicians made
similar allegations, for examples, SMK Chairman Bela Bugar and the
founder and chair of the ``Smer'' Party, Robert Fico, made similar
allegations. There were also reports that the SIS actively monitored
members of the Church of Scientology (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, and the Government generally
respected this right in practice. The media generally was free and
uncensored; however, in at least one case in 2001, the President used
libel laws to suppress criticism of political or other leaders; some
human rights activists criticized the section of the Penal Code that
prohibits defamation of the state. In June Parliament passed an
amendment nullifying two paragraphs of the Criminal Code on the
defamation of public officials after a temporary suspension of those
provisions by the Constitutional Court. However, Parliament and the
Constitutional Court upheld paragraph 156, which classifies libel
against public officials performing the duties of their office as a
misdemeanor. Individuals reported that they were able to criticize the
Government without fear of reprisal.
In November 2001, Parliament passed an amendment to the Penal Code
criminalizing the ``denial or belittling of the Holocaust.'' The Penal
Code stipulates that anyone who publicly demonstrates sympathy towards
fascism or movements oppressing human rights and freedoms can be
sentenced to jail for up to 3 years. During the year, NGOs and police
successfully removed web sites that propagated racism from servers.
Independent newspapers and magazines regularly published a wide
range of opinions and news articles that were distributed nationwide.
There were nine national dailies, as well as a sports daily and several
weeklies. According to statistics from the Ministry of Culture, funding
provided for cultural activities and media in minority languages rose
overall by approximately $415,816 (16.3 million crowns). However,
difficulties continued for a growing number of publications competing
for funds.
Three boards appointed by a majority vote of Parliament supervised
radio and television broadcasting. The national Radio and Television
Council established broadcasting policy for state-owned television and
radio. The National Council for Radio and Television Broadcasting
issued broadcast licenses and administered advertising laws and other
regulations. The Radio and Television Council issued 24 radio and 82
television and cable television licenses during the year. There were no
reported incidents of government interference in radio or television
during the year.
During the year, the International Press Institute contacted
President Schuster to express concern that the Supreme Court
President's office threatened to file a libel action in a criminal
court against a journalist reporting about corruption in the judiciary.
The regional court in Zilina upheld a ruling against the daily Novy Cas
to pay $127,551 (5 million crowns) in damages to Mayor Jan Slota for an
article printed in 1999. The newspaper had not paid the fine and was
considering pursuing the case in the Supreme Court at year's end.
Although Parliament passed amendments nullifying paragraphs 102 and
103 of the Penal Code, the Prosecutor did not reclassify the case
against Ales Kratky, a writer for the daily Novy Cas, for defamation of
a public official as a misdemeanor. The Office of the President did not
pursue further action and the case was closed.
In April the Slovak Syndicate of Journalists and the Association of
Publishers of Print Media founded a Press Council to preserve ethical
standards in journalism and examine pending complaints against media
institutions. The Council consisted of representatives from a variety
of professions and backgrounds. From its establishment in April until
the end of the year, the Council received 16 complaints and made five
decisions; however, there were complaints about the Council's
ineffectiveness, since it was not given the authority to enforce its
decisions.
There were complaints that the media failed to represent
minorities. The NGO MEMO 98 continued to monitor the media's treatment
of minorities during the year, and found that the majority of reporting
about minorities was dominated by information on Roma and one-fifth of
the reports were incorrect. It asserted that 32 reports violated
Council of Europe recommendations on the treatment of ethnicity.
In January 2001, a new Freedom of Information Act went into effect
that grants citizens access to virtually all unclassified information
from national and local government offices. More than 1,000 requests
were submitted to the Government last year, and several resulted in
lawsuits. During the year, Parliament approved two laws giving access
to documents on intelligence operations between 1939-89, and created
the Institute for the Memory of the Nation. The Institute was empowered
to open files to the public and contribute to investigations of crimes
from the Communist and Fascist-era.
The Government did not censor books, films, or plays. The
Government did not limit access to the Internet; Internet use was not
widespread, but was more common in the urban areas.
The Government did not restrict academic freedom. The President
formally appointed professors to universities based on the
recommendations of the universities. As part of planned
decentralization of education, regional schools were transferred from
the Ministry of Education to local governments. A new and controversial
university law was passed during the year, liberalizing funding
possibilities for public schools. While the Faculty of Medicine at
Comenius University began a program to encourage Roma applicants, the
low percentages of minorities at the university level remained a
problem. The use of bribery by some students to improve their chances
for acceptance into some prestigious faculties reportedly resulted in
unequal access to higher education for economically disadvantaged
students.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. No official state religion exists; however, the Catholic
Church, the dominant faith in terms of membership, received significant
state subsidies.
In November 2001, the Government signed an international treaty
with the Vatican, which provides the legal framework for relations
between the Catholic Church, the Government, and the Vatican. In April
the Government signed an agreement with an additional 11 registered
churches and religious groups in an attempt to counterbalance the
Vatican agreement with the Catholic Church and provide equal status to
the remaining registered churches.
Registration of churches is not required, but under existing law,
only registered churches and religious organizations had the explicit
right to conduct public worship services and other activities. However,
no religions were banned or discouraged by the authorities in practice.
Government subsidies for clergy and office expenses were provided in a
nondiscriminatory way to registered religions that sought it. However,
only 16 registered churches qualified for support, thus disadvantaging
some smaller faiths.
The Government monitored, although it did not interfere with,
religious ``cults'' and ``sects.'' The Ministry of Interior actively
monitored the Church of Scientology and its members. Some
Scientologists complained of harassment by the Slovak Information
Service (SIS). Several stories appeared in the media that were critical
of companies that have ties to Scientology.
Anti-Semitism persisted among some elements of the population.
Despite protests by the Federation of Jewish Communities and National
Party members--and although not supported politically by the current
government--the official cultural organization Matica Slovenska
continued its efforts to rehabilitate the historical reputation of
Jozef Tiso, the leader of the Nazi-collaborationist wartime Slovak
State.
In February Parliament passed an amendment that allows the
compensation to Jewish Holocaust victims who lived in the country's
territory when it was occupied by Hungary. The Law 305 compensates the
victims or direct heirs of Nazi persecution during World War II in the
wartime Slovak State.
A group of skinhead musicians, ``Judenmord,'' (Murder of Jews)
established a web site and participated in several concerts in the
country as well as in the neighboring Czech Republic.
Incidents of desecration and vandalism of Jewish cemeteries by
skinheads continued, to which authorities responded promptly and
appropriately.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, there were some limits on these rights for Roma.
According to a legal rights NGO, although the law requires state
administrators to register all citizens, some local police officers
refused to give registration stamps to Roma citizens, which in turn
prevented them from receiving social benefits and housing (see Section
5).
Roma continued to seek asylum in Western European countries,
although to a lesser degree than in previous years. Belgium, where
Slovakia once had the highest number of asylum seekers, reported only
635 claims from 18,805 during the year, compared to 1,000 claims from
25,000 in 2001. Many organizations claimed that most asylum seekers
migrated to receive financial benefits motivated by the lack of
available economic opportunities rather than concerns about human
rights. In 2001 the Parliament passed legislation directing border
police to check travel documents more closely. Although this proposal
did not specifically mention Roma, human rights organizations
criticized government attempts to interfere with the rights of Roma to
travel freely.
The law includes provisions for granting of asylum and 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 cooperated with the U.N. High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees.
The law provides for ``tolerated residence''--first asylum--which
allows refugees to remain in the country for a designated period of
time if their life would be threatened by a forced return to their home
country. During the year, 15 refugees were granted first asylum. The
Government occasionally adopted specific resolutions in response to a
crisis, allowing for the temporary acceptance of refugees who did not
wish to enter the asylum process. During the year, the Government
passed such a resolution for Afghan refugees.
According to National Migration Office statistics, by year's end,
20 persons received asylum out of a total of 9,743 applications. During
the year, 47 refugees completed the required 5-year residency period
and were granted Slovak citizenship, bringing the total number of those
granted citizenship since 1993 to 99. Out of 8,382 applications
reviewed during the year, 8,053 cases were terminated because asylum
seekers disappeared from refugee camps or left the country. NGOs
claimed that the location of refugee camps close to the borders, and
the lengthy asylum process were both contributing factors to the high
number of cases terminated because of the disappearance of applicants.
During the year, Parliament passed a new Asylum Law that brought
existing legislation closer to the European Human Rights Convention.
The new law broadens the grounds for granting asylum and temporary
protection and formalizes cooperation with NGOs. Most importantly, it
outlines the administrative procedures for the appeal process.
Additionally, the courts may examine individual appeal cases according
to substance, rather than remaining limited to judgments solely on
whether procedural requirements were followed. Several NGOs noted that
border police participated in sensitivity training at various times
throughout the year, and that initial processing was improved as a
result.
According to the Slovak Helsinki Committee, refugees faced serious
difficulties integrating into society and were often victims of
skinhead violence, as well as discrimination when seeking employment
(see Section 5).
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 exercised this right through
periodic, free, and fair elections held on the basis of universal
suffrage. All citizens over the age of 18 were eligible to vote by
secret ballot; however, there was no system of absentee voting for
those outside of the country during elections. The Constitution
reserves certain powers for the President as Chief of State (and
directly elected by citizens), but executive power largely rests with
the Prime Minister. Legislative power is vested in the National Council
of the Slovak Republic (Parliament).
The head of government was Prime Minister Mikulas Dzurinda, who
took office for a second term after free and fair elections in
September. The country was a multiparty, multiethnic parliamentary
democracy. The Government did not restrict the functioning of political
opponents, including their right to publicize political opinions.
The most recent national elections, held in September, were
declared free and fair by the OSCE. The media's reporting in general
was unbiased, with the exception of Markiza, the most popular private
station, co-owned by the Chairman of ANO, Pavol Rusko. According to
independent NGO observers such as MEMO 98, the prime time reporting of
Markiza was not balanced and favored ANO. Police guarded several
districts in Poprad during the national elections after several
racially motivated attacks were reported. Local Roma activists claimed
that Roma were afraid to go to the polls.
There were 29 women parliamentarians in the 150-member Parliament;
however, no women received a ministerial posting. Overall,
participation of women in the decision-making process continued to be
disproportionate. Out of 2,618 candidates in the parliamentary
elections; only 604 were women (23.1 percent) and only 4.8 percent were
directly elected. According to an NGO observing the elections for
gender sensitivity, only one party in the Government devoted part of
its platform to discrimination issues; others only linked women's
rights to the family. In the previous year's regional elections, women
fared slightly better, receiving 17.3 percent of the positions.
The large ethnic Hungarian minority, whose coalition gained 20
seats in Parliament in the September elections, was well represented in
Parliament and the Government. Many large, mainstream political parties
promised to place Roma candidates on their list; however, only five
received positions on a total of three lists, and none were elected to
Parliament. According to human rights lawyers, several politicians used
discriminatory language about minorities in election campaigns during
the year.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. The Government
established a Council for the Nonprofit Sector as an advisory body. The
law requires that foundations register and have substantial financial
resources in order to operate. This eliminated some foundations,
primarily inactive ones; however, no organization was denied
registration or faced any other limitations on their operations. Some
NGO leaders continued to allege that the Government was sometimes
unresponsive to their requests.
A 2001 amendment to the income tax law allows individuals to donate
one percent of their taxes to nonprofit groups. NGOs collected
approximately $2.2 million (more than 97 million crowns) from
approximately 325,000 citizens, about a third of the maximum allowed by
the amendment. In April Parliament extended the amendment to allow
corporations to donate one percent of their corporate taxes, which was
expected to help increase domestic funding for NGO activities. However,
Parliament did not create a special government endowment for NGOs from
privatization revenues.
Several human rights NGOs expressed extreme dissatisfaction with
the work of the National Center for Human Rights and questioned the
effectiveness of the Center's use of state funds. The Center sponsored
conferences, released publications, and received $100,000 (5 million
crowns) annually from the state budget. In the past, the Center refused
any government oversight, claiming it represented government
interference and threatened the independence of the center. The
Parliamentary Committee for Human Rights approved amendments to the law
to empower the Supreme Audit Office to oversee accounts funded by the
state budget.
On March 19, the National Council elected the first Human Rights
Ombudsman, Pavol Kandrac, over the candidate supported by most of the
NGO community. The office became operational in September and received
over 1,800 complaints, as many as 30 per day. Most complaints were
about pensions, health care, and other social issues. No information
was available regarding the resolution of these complaints by year's
end. According to the Office, no complaints were received on behalf of
a minority group during the year. The Government cooperated with
international human rights organizations and domestic monitors.
In May 2001, the U.N. Committee Against Torture criticized police
for the use of excessive force and inadequate investigation of violence
against Roma citizens (see Section 1.c.). In October the OSCE expressed
concern over growing skinhead violence in the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The law prohibits discrimination and provides for the equality of
all citizens; however, enforcement of the law was inconsistent, and
some minority groups have reported that their members often received no
government assistance with complaints about discrimination. The Roma
minority, immigrants, and homosexuals were frequently victims of
societal violence. In some cases, police were found to condone such
attacks by their unwillingness to investigate them fully (see Sections
1.a. and 1.c.).
Women.--Violence, particularly sexual violence against women,
remained a serious and underreported problem. One NGO's research showed
that 38 to 40 percent of women were victims of domestic violence. A
2000 national poll indicated that as many as one in five women were
subjected to some form of physical abuse in the home. Police estimated
that two-thirds of female rape victims failed to report their cases.
Police treated spousal abuse, other violence against women, and child
abuse in the same way as other criminal offenses. Sections of the
Criminal Code specifically address rape, sexual abuse, and trafficking
in women (see Section 6.f.).
The law does not recognize or define the term domestic violence. In
June new amendments to the Criminal Code relating to domestic violence
were passed and were scheduled to be implemented by early 2003. The
laws strengthen victims' rights by expanding the definition of possible
perpetrators to include people other than spouses, defining better
specific acts of violence that are prosecutable, and increasing
sentences for perpetrators. The amendments also changed the Criminal
Procedural Code, the Act on Minor Offenses, and the Civil Procedure
Code. However, NGOs were still lobbying for an additional amendment
that would physically remove and ban the offender from the victim's
place of residence. The police can only hold a suspect for 24 hours;
then they must wait 7 days for the court to decide whether to remove an
accused attacker from the victim's home. According to one NGO, there
were 39 places for women and children in the Government system, but
only one safe house with the capacity to house 8 women. In addition,
there were six crisis centers for women and children outside the
Government framework, with three specifically for the victims of
domestic violence.
An international NGO began a study examining allegations of coerced
and forced sterilization of Roma women during the year. It had not been
published by year's end.
Prostitution is legal; however, the Code prohibits activities
related to prostitution such as renting apartments for prostitution,
spreading sexually transmitted diseases, or trafficking in women for
the purpose of prostitution. Trafficking in women was a problem (see
Section 6.f.).
Women are equal under the law. They have the same rights as men to
property, inheritance; however, discrimination against women remained a
problem in practice. According to studies, women received approximately
85 percent of men's wages for the same work; however, ``the same work''
is not defined precisely. On average women earned 22 percent less than
men. Women's issues were made part of the responsibilities of the
Parliamentary Committee for Human Rights, Nationalities, and Women.
The Gender Center for Equal Treatment of Men and Women was an
independent NGO that cooperated with the U.N. Development Program
(UNDP) and the Government. The Center dealt mainly with claims of
unfair treatment of women in the workplace; however, it also focused on
mobilization and job creation for women. The Government's Coordinating
Committee for Women's Affairs, which included NGO representatives, has
still done little to implement a national action plan meant to reduce
violence against women, protect women's health, and reduce women's
economic disadvantages.
Children.--The Government was committed to children's rights and
welfare; it maintained a system of public education and health care.
The Ministry of Labor oversaw implementation of the Government's
programs for children. The Constitution, the Law on Education, and the
Labor Code each addressed part of the issue of children's rights. There
also was a system of financial assistance for families with children.
Education was universal, free, and compulsory for 9 years, or until the
age of 15; however, this requirement was not enforced strictly,
particularly for the Roma minority. Parents may be prosecuted for not
sending their children to school; officials claimed that enrollment was
100 percent. While most ethnic Slovak and Hungarian children attended
school on a regular basis, a high percentage of Roma children failed to
regularly attend school; the percentage increased with higher grade
levels in school.
Child abuse remained a problem and was underreported. Experts from
various state institutions dealing with child abuse claimed that there
were significant discrepancies between official figures on violence
against children and the actual situation. Among the most frequent
crimes committed against children were nonpayment of child support,
sexual abuse, and beatings. According to independent studies, 25
percent of all children were punished physically on a regular basis.
The Family Law was amended during the year, further defining the
rights of children. Previously, NGOs remarked that the law protected
aggressors rather than the victims. In article 68, the law specifies
that children in state custody may be adopted if a parent does not show
consistent interest in a child under institutional care for a minimum
of 6 months.
The Commission on the Rights of the Child in the Ministry of Social
Affairs provides information to children regarding their rights. UNICEF
has operated a hot line for children for the past several years,
receiving close to 13,500 calls per month. Most of the calls have been
from girls outside of the capital, Bratislava; half of the callers have
been between the ages of 11 to 14. There were several grant
organizations that supported educational campaigns and projects for
abused or disabled children.
Child prostitution is not addressed specifically in the Criminal
Code, but is covered by more general provisions in the law. The Penal
Code contains a provision outlawing child pornography.
Trafficking of girls for the purpose of prostitution was a problem
(see Section 6.f.).
Activists claimed that children were increasingly born into poverty
and that this phenomenon affected the Roma minority in particular. It
has resulted in an increased number of Roma children being abandoned,
either at the hospital, immediately after birth, or during infancy.
These children became wards of the state and were sent to orphanages.
Persons with Disabilities.--The Constitution and implementing
legislation provide for health protection and special working
conditions for persons with mental and physical disabilities, including
special protection in employment relations and special assistance in
training. A 1994 decree provided incentives to employers to create a
``sheltered'' workplace (i.e., a certain percentage of jobs set aside
for persons with disabilities). The law also prohibits discrimination
against persons with physical disabilities in employment, education,
and the provision of other state services; however, experts have
reported that discrimination in the accessibility of premises and
access to education, particularly higher education, remained a problem.
During the year, the country joined a project called Leonardo da Vinci,
which is an information network to support university education for
persons with disabilities.
Although not required specifically by law, a government decree
mandates accessibility for new public building construction. The decree
provides for sanctions but lacks a mechanism to enforce them. A
spokeswoman for an NGO dealing with persons with disabilities stated
that due to pressure from a number of NGOs and the willingness of the
Dzurinda government, accessibility has been improving, particularly
regarding new construction and public buildings.
Several new government initiatives for persons with disabilities
were implemented during the year. While there was a government-based
Council for Citizens with Disabilities, the Government also formed a
Coordinating Committee for People with Disabilities in May, which
served as an advisory body to the Government for persons with
disabilities. Parliament passed significant legislation during the year
improving social assistance for persons with severe disabilities.
National/Racial/Ethnic Minorities.--The Constitution provides
minorities with the right to develop their own culture, receive
information and education in their mother tongue, and participate in
decision-making in matters affecting them, although there was no
comprehensive law against discrimination; however, violence and
discrimination against minorities, particularly Roma, continued. The
Government continued to provide funding for cultural, educational,
broadcasting, and publishing activities for the major ethnic
minorities.
According to the Law on the Use of Minority Languages, in places
where a minority constitutes at least 20 percent of the population, the
minority language can be used in contacts with government officials. In
July 2001, the Government ratified the European Charter for Regional or
Minority Languages. NGO members reported that these two laws have
conflicting language and that neither has been properly implemented.
The largest minority was the ethnic Hungarian minority, whose SMK
political party again was an active member in the governing coalition.
It was concentrated primarily in the southern part of the country, and
its population, according to the most recent census in 2001, was
520,528. Tensions between the Hungarian Coalition and partner political
parties fluctuated during the year, reflecting the ongoing discussions
between the Slovak government and the Government in Hungary over the
Status Law. Decentralization to provide more autonomy to regions in
education, land ownership, and restitution of confiscated property
continued to be an issue for the large Hungarian minority.
In 2001 the Slovak National Party (SNS), which employed strongly
nationalist rhetoric, split into two parties because of internal
disagreements, and neither party was able to cross the 5-percent
threshold to enter Parliament.
Higher education opportunities in the Hungarian language were
limited. Approximately 2 percent of ethnic Hungarians in the country
attended university, compared to 4.8 percent of Slovaks. Ethnic
Hungarians claimed many ethnic Hungarian students chose to attend
university in Budapest because they wanted to study in Hungarian. A
Hungarian university remained one of the highest priorities for the
Slovak-Hungarian Party, and it has been included in the new government
program.
Roma constituted the second largest ethnic minority, estimated by
experts to number up to 500,000, although according to the most recent
census in 2001, there were 90,000 Roma in the country. NGOs maintained
that Roma continued to be reluctant to identify themselves because they
feared discrimination.
Cases of police brutality continued to be reported. The former
Minister of Interior made several attempts to remedy the problem,
including the adoption of a new Police Code of Conduct in February. In
Kosice two police officers were found not guilty of beating Roma while
off duty. Eyewitness testimony of the events conflicted, and the case
was expected to be pursued in a higher court. The Ministry of Interior
made several attempts to remedy the problem, including the adoption of
a new Police Code of Conduct in February.
Skinhead violence against Roma continued to be a serious problem.
The NGO People Against Racism reported that although Police were
increasingly responsive in their efforts to monitor and control the
skinhead movement, the problem persisted. They also reported that the
skinhead movement continued to grow and became more organized, and
estimated that there were approximately 500 to 800 skinheads and 3,000
to 5,000 skinhead sympathizers. They also stated that skinheads had
been targeting members of other ethnic and national groups as well as
Roma.
In June three skinheads were prosecuted for causing serious bodily
harm with racial motivation against 19 year-old Daniel Milan. The court
handed down varying sentences from 4 \1/2\ years to 4 months for a
passive observer of the attack. In December the regional court of
Bratislava sentenced a skinhead to 4 years in jail in connection with
the murder of Ignac Mezei, a Rom murdered in April 2001.
During the year, the police recorded 109 racially motivated
attacks, of which the police solved 76 cases. The majority of incidents
took place in the district of Bratislava, and the highest number of
prosecutions was in the district of Zilina. Only 27 cases were
considered to be of an extremely violent nature, out of which 18 were
prosecuted. The Roma were the most frequent targets of these attacks.
On February 28, 15 unknown men attacked residents in 3 family
houses in the village of Ganovce, causing bodily harm to numerous Roma.
Although, the Poprad Police initially denied the crime was racially
motivated, on March 13, the primary investigator classified the case as
racially motivated and raised the qualification of the act from bodily
harm to grievous bodily harm. On April 26, the Poprad Police decided to
close the case because it had failed to collect sufficient evidence to
accuse certain individuals. The case was subsequently reopened and was
pending at year's end.
On February 12, the Kosice Police Chief refused to shake hands with
a Romani journalist, Denis Havrlova, asking her to present a health
certificate before agreeing. The police chief later resigned under
pressure from the Ministry of Interior as a result of this incident.
Roma suffered disproportionately from high levels of poverty and
unemployment. Credible reports by human rights monitors indicated that
Roma continued to suffer from discrimination in employment, housing,
schooling, health care, and the administration of state services.
Discrimination was most severe in the eastern part of the country,
where unemployment was higher and the Roma population was larger. Among
Roma living in settlements in the east, the unemployment rate was
estimated to be nearly 95 percent. In urban areas in the east,
incidents of Roma being denied admission to certain hotels,
restaurants, and swimming facilities were reported widely.
According to the Office for Protection of Legal Rights (KPO), Roma
often were segregated in hospitals, particularly in maternity wards,
and some said Roma received inferior care. The 2000 case regarding
allegations that maternity wards were segregated was closed based on
lack of evidence. According to press reports, physicians denied any
segregation and claimed Roma women did not want to share rooms with
non-Roma. Many NGOs alleged that segregation in schools continued and
the newly established police commission tasked with improving relations
with minorities also noted that segregation in schools existed. Roma
children were disproportionately placed in special schools for the
mentally retarded, in many cases due to their insufficient knowledge of
the Slovak language. The Act on Public Service was amended in June to
introduce assistant teachers for elementary and preschools. This step
was intended to facilitate the integration of Roma children into the
standard educational system.
In March the Government adopted a second Action Plan to prevent all
forms of discrimination, racism, xenophobia, anti-Semitism, and other
forms of intolerance. It included plans to train professional groups
about tolerance, promote activities in schools, strengthen government
bodies dealing with the fight against racism, and enhance cooperation
between state institutions and NGOs in preventing discrimination and
adopting anti-discrimination legislation.
The Government Plenipotentiary for Roma Communities appointed in
2001, Klara Orgovanova, and established an informal Advisory Board with
a large number of representatives from the Roma community and civil
society. A regional office was opened in October 2001 in Presov, in
eastern Slovakia, where the majority of Roma resided. In April the
Government approved Resolution 357, and outlined the priorities of the
office.
The budget of the Office of the Plenipotentiary was approximately
$1,403,000 (55 million crowns). NGOs continued to allege that the
Office lacked sufficient authority because the position was not
established by law and as an adjunct of the Prime Minister's Office it
lacks statutory authority to present material to the Government. After
the parliamentary elections, members of the coalition government
proposed altering the structure and the strategy of the office. The
office received funding from the state budget, but its status was still
undecided at year's end.
On March 19, the country's first Human Rights Ombudsman, opposition
candidate Pavol Kandrac, was elected. By law the Ombudsman should
assist in protecting the fundamental rights and freedoms in cases where
public administration bodies have violated the legal system or rule of
law. A budget of approximately $600,000 (2.3 million crowns) was
allocated to the office, which was expected to have a staff of 30.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to form and join unions, except in the armed forces, and workers
exercised this right. Approximately 45 percent of the work force were
unionized. Unions were independent of the Government and political
parties; however, they continued to lobby those entities in order to
gain support for union positions on key labor issues. A new labor code
was drafted over the course of several years, representing a joint
effort between the Ministry of Social Affairs and the unions. The new
code changed more than half of the previous statute.
The Law on Citizens' Associations prohibits discrimination by
employers against union members and organizers. Complaints may be
resolved either in collective negotiations or in court. If a court
rules that an employer dismissed a worker for union activities or for
any reason other than certain grounds for dismissal listed in the Labor
Code, the employer must reinstate the worker. There were no reports of
abuses targeted against unions or workers.
Unions were free to form or join federations or confederations and
to affiliate with and participate in international bodies, and they did
so in practice.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining. A new controversial labor law took
effect on April 1, affecting most labor statutes. Both the private
sector and representatives of labor unions alleged certain provisions
limited workers' rights and new amendments were being negotiated.
The Constitution provides for the right to strike; however,
according to this law, a strike is legal and official only if it is for
the purpose of collective bargaining, if it is announced in advance,
and if a list of strike participants is provided. There were no
instances of retribution against strikers or labor leaders. Relevant
legislation on collective bargaining prohibits the dismissal of workers
legally participating in strikes; however, if a strike is not
considered official, strikers are not ensured protection. There were no
national strikes during the year.
The law regulates free customs zones and customs warehouses. Firms
operating in such zones must comply with the labor code; there have
been no reports of special involvement by the trade unions to date. No
special legislation governs labor relations in free trade zones.
c. Prohibition of Forced or Bonded Labor.--Both the Constitution
and the Employment Act prohibit forced or bonded labor, including by
children, and there were no reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law sets the minimum employment age at 15 years.
Problems with child labor were nearly nonexistent and existing
legislation was effectively implemented and enforced.
All types of employment are prohibited for children under 15 years
of age. Children under the age of 16 may not work more than 33 hours
per week, be compensated on a piecework basis, work overtime or night
shifts or work underground or in specified conditions deemed dangerous
to their health or safety. The minimum age for hazardous work was 18.
The law that relates to child labor applies to all sectors of
employment; however, the more stringent regulations apply only to
certain sectors. For example, the minimum age for mining was 21. The
revised labor code requires that employment of children younger than 15
in artistic professions, including modeling and acting, also be
approved by the National Labor Inspector's Office of the Ministry of
Labor.
The country had adequate laws and regulations for the
implementation and enforcement of measures to prohibit the worst forms
of child labor. Civil fines were the legal remedy available to
government agencies. A first offender can be fined up to $11.494
(500,000 crowns), while a repeat offender can be required to pay up to
$22,989 (1 million crowns). The enforcement remedies have proven
adequate to deter violation to date. The country has established formal
institutional mechanisms to investigate and address complaints relating
to allegations of child labor. Child labor complaints were received and
investigated by district inspection units. When a complaint was
registered, an inspector would visit the worksite and inspect the
contract. If it is determined that a child labor law or regulation has
been broken, the case is turned over to the national inspection unit of
the Ministry of Labor. Furthermore, the Government requires employers
to submit significant characteristics about their employees into a
national database managed by the Ministry. This new requirement
facilitated better monitoring of firms.
e. Acceptable Conditions of Work.--The minimum wage was $142 (5,570
crowns) per month; even when combined with special allowances paid to
families with children, the minimum wage did not provide a decent
standard of living for a worker and family. The Ministry of Labor was
responsible for enforcing the minimum wage; no violations were
reported. The standard workweek mandated by law is 42.5 hours, although
collective bargaining agreements achieved reductions in some cases
(most often to 40 hours). For state enterprises, the law requires
overtime pay up to a maximum of 8 hours per week, and 150 hours per
year, and provides 5 weeks of paid vacation annually. Private
enterprises can compensate their employees for more hours of overtime
than stipulated by the law. There is no specifically mandated 24-hour
rest period during the workweek. The trade unions, the Ministry of
Labor, and local employment offices monitored observance of these laws,
and authorities effectively enforced them.
The Labor Code establishes health and safety standards that the
Office of Labor Safety generally enforced effectively. For hazardous
employment, workers underwent medical screening under the supervision
of a physician. They have the right to refuse to work in situations
that endanger their health and safety and may file complaints against
employers in such situations. Employees working under conditions
endangering their health and safety for a certain period of time are
entitled to paid ``relaxation'' leave in addition to their standard
leave.
The country is largely a transit point without a significant
illegal underground labor market.
f. Trafficking in Persons.--The law specifically prohibits all
forms of trafficking in persons; however, there were instances of
trafficking in women and girls for prostitution.
The Law Against Trafficking in Persons was strengthened and
implemented on September 1. According to the statute, an individual
involved in the trafficking of persons can receive a sentence of 3 to
10 years. However, if the offender is a member of a crime syndicate,
the sentence is from 12 to 15 years. According to official statistics
from 2001, six people were prosecuted for the trafficking of women and
six people were prosecuted for procurement (a person who makes a profit
from the prostitution of a trafficked person). During the year, there
were 17 reported cases of trafficking under Article 246, and the
Ministry of Justice reported that 32 cases were prosecuted and
convicted. According to government offices, many women who worked
abroad did not want to testify, which made prosecutions of these cases
difficult.
The changes in the Criminal Code further defined trafficking in
human beings and took steps toward the implementation of the U.N.
Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
especially Women in Children. The Government signed the protocol in
November 2001, but had not ratified the treaty in Parliament by year's
end.
The Government focused attention on trafficking during the year by
creating a new Investigative Unit at the Ministry of Interior. The new
trafficking unit was established in June to gather information and
investigate agencies with suspicious activity. The office worked in
close international cooperation with local NGOs and the International
Office of Migration (IOM). The U.N. Office for Drug Control and Crime
Prevention began a new technical cooperation project aimed at improving
legal enforcement and strengthening international cooperation. Slovak
police attorneys and investigators traveled to the Czech Republic,
Austria, and Belgium on training tours. Police received training to
identify and handle cases of victims of trafficking at the Police
Academy.
The country is an origin, transit point, and destination for
victims of trafficking. There were reports that women were trafficked
to France, Germany, and the Czech Republic. Exact numbers of women and
girls trafficked abroad for prostitution were unknown.
A report issued in 2001 by the Ministry of Interior stated that the
country was a transit point for persons being trafficked from Ukraine
and Russia mainly to Austria, the Czech Republic, and Germany for the
purpose of prostitution. It reported that women from Russia and Ukraine
were trafficked through the country on their way to countries such as
Turkey, Greece, Italy, Germany, and Serbia, where they also were forced
to work as prostitutes.
Although previously the Slovak Republic primarily was a country of
origin, women from less prosperous Eastern European countries
(including Russia, Belarus, Ukraine, Romania, and Bulgaria) found
themselves trafficked through and to the Slovak Republic. Women, mostly
Ukrainian and Russian, were lured to the country with the promise of
work as domestic servants or waitresses. However, when they arrived,
their documents allegedly were stolen and they were forced to work as
prostitutes or in nightclubs and threatened with violence if they
attempted to escape. Young women also were recruited through agencies
(which offered false opportunities) or through personal contacts of
owners or employees of hotels, casinos, entertainment or prostitution
establishments.
During the year, police, with assistance from German police,
arrested seven members of a trafficking gang from the southwestern part
of the country. According to a press report, police suspected the
involvement of a low-level government employee. Over the course of 8
years, the gang procured at least 60 young women, some claimed to be
sold for $255 (10,000 crowns) abroad. The traffickers lured some into
prostitution by promising a good salary or debt forgiveness, and others
were forced through violence. The women were sent to Germany, Poland,
Switzerland, and France. The head of the gang was previously prosecuted
for sex trafficking in France and had been banned from the EU for a
period of 5 years. In total, the gang made an estimated profit of
$127,000 (5 million crowns).
The Act on Protection of Witnesses and the Act on Compensation of
Damages allowed the Government to give more assistance to victims of
trafficking. A special unit for the protection of witnesses was
established within the Police Presidium and an inter-ministerial
committee granted the protection. Deportation of foreigners may be
postponed if a person is in the witness protection program. According
to the IOM, foreign victims of trafficking were usually sent to
detention centers, where they remained for 30 days after which they
were usually sent back to their country of origin. NGOs and the IOM
reported that victims feared returning to their home countries because
of the stigma attached to trafficking victims. There was very little
legal, medical, or psychological assistance for victims of trafficking.
According to NGO activists, government agencies such as customs and
police officers treated victims poorly, since many law enforcement
officials believed that victims were not forced, but rather chose their
fate.
There were no national organizations in the country focused solely
on the issue of trafficking. However, local organizations successfully
repatriated victims of trafficking and carried out public awareness
campaigns on a regional and municipal level.
There reportedly was not enough attention paid to the issue of
trafficking in the media or in public education campaigns during the
year. According to a 2000 IOM study, 50 percent of young women surveyed
did not know the methods or tactics employed by traffickers.
__________
SLOVENIA
Slovenia is a parliamentary democracy and constitutional republic.
Power is shared between a directly elected president, a prime minister,
and a bicameral legislature. Free, fair, and open elections
characterize the political system. In December Janez Drnovsek was
elected President in a runoff election. The judiciary is independent.
The police were under the effective civilian control of the
Ministry of the Interior, which was responsible for internal security.
By law the armed forces did not exercise civil police functions.
Members of the security forces occasionally committed human rights
abuses.
The country has made steady progress toward developing a market
economy. The population was approximately 2 million. The Government
continued to own approximately 50 percent of the economy, particularly
in the financial sector, utilities, and the port of Koper.
Manufacturing accounted for most employment, with machinery and other
manufactured products constituting the major exports. Unemployment was
6 percent according to International Labor Organization (ILO)
standards, but registration for unemployment assistance was 11.7
percent. Inflation was 7.5 percent during the year, while real Gross
Domestic Product grew at an estimated 3.2 percent rate.
The Government generally respected the human rights of its
citizens, and the law and the judiciary provided effective means of
dealing with individual instances of abuse. Police in several cases
allegedly used excessive force against detainees. An ombudsman dealt
with human rights problems, including citizenship cases. Credible
sources alleged that media self-censorship existed as a result of
indirect political and economic pressures. Violence against women was a
problem. National minorities (including former Yugoslav residents
without legal status) reported some governmental and societal
discrimination. Trafficking in women through and to the country for
sexual exploitation was a problem. Reform of the country's political
and economic structure led to an invitation in December to join the
European Union in May 2004. Slovenia was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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, human
rights observers alleged that police in several cases used excessive
force against detainees. The Criminal Code does not separate out
torture as a criminal act, but such crimes are prosecuted based on the
nature of each incident (i.e., severe physical injury, extreme injury,
or extortion of a statement).
There were no reported incidents of police abuse against Roma.
The claims of police beatings of Danko Brajdic, a Rom, all were
dismissed as groundless, and the case was closed in 2001.
Prison conditions generally met international standards; however,
jails were overcrowded. During the year, there were 1,710 individuals
housed in prisons, of which 65 were adult females and 13 were
juveniles. Male and female prisoners were held separately, juvenile
offenders were held separately from adults, and convicted criminals
were held separately from pretrial detainees.
The Government permitted prison visits by independent human rights
observers and the media, and such visits took place during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions.
The authorities must advise detainees in writing within 24 hours,
in their own language, of the reasons for the arrest. Until charges are
brought, detention may last up to 6 months; once charges are brought,
detention may be prolonged for a maximum of 2 years. Persons detained
in excess of 2 years while awaiting trial or while their trial is
ongoing must be released pending conclusion of their trial (see Section
1.e.). During the year, 1,221 persons were in pretrial detention. The
problem of lengthy pretrial detention was not widespread and defendants
generally were released on bail, except in the most serious criminal
cases. The law also provides safeguards against self-incrimination.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice. The judiciary generally provided citizens with a
fair and efficient judicial process.
The judicial system consists of district courts, regional courts,
courts of appeals, an administrative court, and the Supreme Court. A
nine-member Constitutional Court rules on the constitutionality of
legislation, treaties, and international agreements and is the highest
level of appeal for administrative procedures. Judges, elected by the
National Assembly (Parliament) upon the nomination of the Judicial
Council, are constitutionally independent and serve indefinitely,
subject to an age limit. The Judicial Council is composed of six
sitting judges elected by their peers and five presidential nominees
elected by the Parliament.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. Constitutional
provisions include equality before the law, presumption of innocence,
due process, open court proceedings, the right of appeal, and a
prohibition against double jeopardy. Defendants by law have the right
to counsel, and the State provides counsel for the indigent. These
rights were generally respected in practice, although the judicial
system was overburdened and as a result, the judicial process
frequently was protracted. In some instances, criminal cases reportedly
have taken from 2 to 5 years to conclude the trial (see Section 1.d.).
For example, a nongovernmental organization (NGO) criticized the
Government for prosecuting two police officers 6 years after their
alleged mistreatment of a German citizen.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the protection of
privacy, ``personal data rights,'' and the inviolability of the home,
mail, and other means of communication, and the Government generally
respected these rights and protections in practice. Violations were
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
respected these rights in practice; however, there were reports that
indirect political and economic pressures continued to influence the
media, resulting in occasional self-censorship. There were credible
reports that advertisers pressured media outlets to present various
issues in certain ways, which resulted in little separation of
marketing and editorial decision-making.
The press was active and independent; however, major media did not
represent a broad range of political or ethnic interests. Four major
independent daily and several weekly newspapers were published. The
major print media were supported through private investment and
advertising, although cultural publications and book publishing
received government subsidies. Numerous foreign broadcasts were
available via satellite and cable. All major towns had radio stations
and cable television. Numerous business and academic publications were
available. A newspaper was published for the ethnic Italian minority
who lived on the Adriatic Coast. Bosnian refugees and the Albanian
community had newsletters in their own languages. Foreign newspapers,
magazines, and journals were widely available.
Six national television channels were available. Three were part of
the Government-subsidized RTV Slovenia network, and three were
independent, private stations. There were approximately 35 small, local
television stations, and the RTV Maribor studio began regional
programming in September, which included new programming in Hungarian.
There was also an Italian-language television channel. Radio
programming was available in Slovene, Italian, Hungarian, English, and
German.
The election law requires the media to offer free space and
broadcasting time to political parties at election time. Television
networks routinely provided public figures and opinion makers from
across the political spectrum access to a broad range of programming
and advertising opportunities.
In August the ongoing investigation into the February 2001 beating
of investigative journalist Miro Petek was transferred from
jurisdiction in the town of Slovenj Gradec, where the attack took
place, to Maribor. The State Prosecutor indicated that the Slovenj
Gradec prosecution office had worked in a ``fair and competent'' manner
but chose to withdraw from the case due to pressure from ``the public,
media, and personal contacts.'' While some hoped the case could be
handed over to a team of prosecutors for special cases, due to the
publicity surrounding it, the required legal basis for doing so--proof
that the attack was masterminded and committed by an organized criminal
cartel--could not be established. The attack also was under separate
investigation by a special Parliamentary commission.
Access to the Internet was unrestricted.
The Constitution provides for autonomy and freedom for universities
and other institutions of higher education, and the Government did not
restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. These rights can be
restricted only by an act of Parliament in circumstances involving
national security, public safety, or protection against infectious
diseases.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There were no formal requirements for recognition as a religion by
the Government. Religious communities must register with the
Government's Office for Religious Communities if they wish to be
registered as legal entities, and registration entitles such groups to
value-added tax rebates on a quarterly basis. All groups in the country
reported equal access to registration and tax rebate status.
After World War II, much church property owned by the Roman
Catholic Church--church buildings and support buildings, residences,
businesses, and forests--was confiscated and nationalized by the
Socialist Federal Republic of Yugoslavia. After Slovenian independence
in 1991, Parliament enacted a law calling for denationalization
(restitution or compensation) within a fixed period. By September 79
percent of the 37,988 denationalization claims had been resolved
completely. During the year, the Government reallocated existing
resources, including judges, to reduce the backlog.
The appropriate role for religious instruction in schools continued
to be an issue of debate. The Constitution states that parents were
entitled to give their children ``a moral and religious upbringing.''
Only those schools supported by religious bodies teach religion.
On October 14, two plain clothes police officers arrested Amela
Djogic, the wife of Mufti Osman Djogic, for failing to produce proper
identification documents when requested to do so. She was released with
a fine and an official warning once her husband brought her passport to
the police station. The Djogics accused authorities of having singled
her out for such treatment because she was wearing a headscarf. After
investigating the issue, a special police commission concluded on
November 5 that the officers acted improperly. New guidelines for
police identification procedures were implemented and all officers
immediately were informed of new conduct regulations.
The unresolved issue of a site for construction of a Ljubljana
mosque and cultural complex gained increased media attention at the end
of the year, with both supportive editorials and negative stereotyping
appearing in the national media.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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.
Limitations on these rights may be made only by statute and only where
necessary in criminal cases, to control infectious disease, or in
wartime.
The Constitution 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 cooperated
with the office of the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations in assisting refugees. The Government
has provided asylum (or temporary protection) to refugees on a very
limited basis; the country had granted refugee status to only 8 persons
since 1990. 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 prosecution.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. The Constitution provides for elections at least
every 4 years. The President proposes a candidate to the legislature
for confirmation as Prime Minister, after consultations with the
leaders of the political parties in the Parliament.
In the November elections, none of the nine presidential candidates
won a simple majority. In the December runoff election, Janez Drnovsek
was elected.
There were no restrictions on the participation of women or
minorities in politics. There were 12 women in the 90-seat Parliament
and 3 women in the 40-seat National Council. A total of 3 of 16 cabinet
ministers were female. Barbara Brezigar, the primary challenger among
the presidential candidates, was well supported throughout the country,
and received 44 percent of the popular vote.
The Constitution provides autochthonous minorities some special
rights and protections. Only the Italian and Hungarian minorities are
considered to be autochthonous, a legal term that applies to
populations that historically have occupied a defined territory and is
similar in concept to the term indigenous. These minorities were
entitled to have at least one representative in the Parliament,
regardless of their population; other minority groups not defined as
autochthonous, such as Roma, did not enjoy this provision. However, in
May Parliament enacted amendments to the Law on Local Elections that
provide Romani communities located in 14 municipalities a directly
elected representative on their respective local councils.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international independent human rights
groups generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials generally were cooperative and responsive to their views.
An independent Ombudsman elected by a two-thirds Parliamentary
majority to a 6-year term deals with human rights problems, including
economic rights and property restitution. The incumbent is regarded as
fair but lacks the power to enforce his findings. The Ombudsman
criticized the Government for the slow pace of legal and administrative
proceedings in criminal and civil cases, as well as in
denationalization proceedings.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equality before the law regardless of
race, sex, disability, language, or social status. The Constitution
provides special rights for the autochthonous Italian and Hungarian
ethnic communities, and for the small Roma community; these provisions
were respected in practice.
Women.--Violence against women occurred and was underreported;
however, awareness of spousal abuse and violence against women
increased. SOS Phone, an NGO that provided anonymous emergency
counseling and services to domestic violence victims, received
thousands of calls throughout the year. The State partially funded
three shelters for battered women. The shelters operated at capacity
(approximately 40 beds combined) and turned away numerous women. In
cases of reported spousal abuse or violence, the police actively
intervened and prosecuted offenders. Although the law allows police to
fine or arrest either male or female aggressors in cases of domestic
violence, reports indicated that in practice only men were fined and
arrested.
Trafficking in women for the purpose of sexual exploitation was a
problem (see Section 6.f.).
Sexual harassment is not explicitly prohibited by law; however, it
can be prosecuted under sections of the Criminal Code that prohibit
sexual abuse. Sexual harassment and violence remained serious problems.
State policy provides for equal rights for women and there was no
official discrimination against women or minorities in housing, jobs,
or education. Under the Constitution, marriage is based on the equality
of both spouses, and the Constitution stipulates that the State shall
protect the family, motherhood, and fatherhood.
In rural areas, women, even those employed outside the home, bore a
disproportionate share of household work and family care, because of a
generally conservative social tradition. However, women frequently were
active in business and in government executive departments. Although
both sexes had the same average period of unemployment, women
frequently held lower paying jobs. On average women's earnings were 85
percent of those of men.
Children.--The Government provided compulsory, free, and universal
primary school education for children through grade 9 (ages 14 and 15).
Ministry of Education statistics showed an attendance rate of nearly
100 percent of school-aged children. The Government provided universal
health care for all citizens, including children. The Constitution
stipulates that children ``enjoy human rights and fundamental freedoms
consistent with their age and level of maturity.''
Special protection for children from exploitation and mistreatment
is provided by statute. Social workers visited schools regularly to
monitor any incidents of mistreatment or abuse of children.
There was no societal pattern of abuse of children; however, in
2001 187 cases of child abuse were reported, 80 were prosecuted, and 55
cases resulted in convictions. There were 239 acts of sexual attack on
a minor committed during the year.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities, and in practice the Government
generally did not discriminate against disabled persons in employment,
education, or the provision of other state services.
The law mandates access to buildings for persons with disabilities,
and the Government generally enforced these provisions in practice.
Modifications of public and private structures to ease access by
persons with disabilities continued, although at a slow pace.
National/Racial/Ethnic Minorities.--According to the 1991 census,
the population was 1.9 million: 88 percent were ethnic Slovenes, and
minorities made up approximately 12 percent of the population. Most
minorities were nationals of the former Yugoslavia. There were
approximately 50,000 Croats, 48,000 Serbs, 27,000 Muslims, 8,500
Hungarians, and 3,000 Italians. The Constitution provides special
rights and protections to Italians and Hungarians, including the right
to use their own national symbols, enjoy bilingual education, and
benefit from other privileges (see Section 3). Ethnic Serbs, Croats,
Bosnians, Kosovar Albanians, and Roma from Kosovo and Albania were
considered new minorities, were not protected by special provisions of
the Constitution, and faced some governmental and societal
discrimination.
The Ministry of Interior (MOI) approved 2,808 applications for
citizenship, refused 573, and left 4,670 (58 percent) outstanding at
year's end.
For many years, approximately 2,300 persons granted ``temporary
refugee'' status after fleeing the 1992-95 conflict in Bosnia were
unable to normalize their status under existing legal requirements but
were entitled only to limited educational, medical, employment, and
social welfare benefits. In July Parliament resolved this problem by
amending the Law on Temporary Refuge, creating a 6-month window in
which these persons may apply for permanent residency using an
abbreviated procedure and providing integration assistance over a
defined transition period.
The Roma were best characterized as a set of groups rather than as
one community. Some families have lived in the country for hundreds of
years, while others were recent migrants. Roma reported discrimination
in employment, which in turn complicated their housing situation. The
Government continued to work with the Roma community on implementation
of the special legislation on Romani status called for in Article 65 of
the Constitution (see Section 3). The Government has attempted to
involve more Roma children in formal education at the earliest stages,
both through enrichment programs and through inclusion in public
kindergartens. Roma suffered disproportionally from poverty and
unemployment.
Section 6. Worker Rights
a. The Right of Association.--The Constitution stipulates that
trade unions, their operation, and their membership shall be free. All
workers, except police and military personnel, were eligible to form
and join labor organizations.
There were three main labor federations, the Association of Free
Slovene Trade Unions (AFSTU), Pergram, and the Union of Slovene Rail
Workers, with constituent branches throughout the country. A fourth,
much smaller, regional labor union operated on the Adriatic coast.
Unions formally and in practice were independent of the Government and
political parties, although individual union members held positions in
the legislature. There were more than 100 active trade unions in the
country. The largest union, AFSTU, had approximately 370,000 members,
nearly 38 percent of the total workforce of 979,000. Pergram had
roughly 25,000 members and the Rail Workers Union had approximately
8,000 members.
The law prohibits antiunion discrimination and there were no
reports that it occurred.
There were no restrictions on unions joining or forming federations
and affiliating with international union organizations.
b. The Right to Organize and Bargain Collectively.--The Government
exercised a dominant role in setting the minimum wage and conditions of
work; however, in the private sector, wages and working conditions were
agreed upon in an annual general collective agreement between the labor
unions and the Chamber of Economy. Collective bargaining remained
limited.
The Economic and Social Council, comprised of government officials,
managers, and union representatives, negotiated public sector wages,
collective bargaining rules, and major regulatory changes. Of the 40
members of the upper chamber of Parliament--the National Council--four
represented employers, four represented employees, and four represented
farmers, small business persons, and independent professional persons.
If a labor dispute remains unresolved, it initially is heard by
district-level administrative courts and may be appealed to the Supreme
or Constitutional Court, depending on the nature of the complaint.
The Constitution provides for the right to strike. The law
restricts strikes by some public sector employees, primarily the police
and members of the military services. Other public sector
professionals, such as judges, doctors, and educators, continued to be
active in labor issues. Both physicians and air traffic controllers,
who were public employees, conducted strikes during the year.
Export processing zones (EPZs) existed in Koper, Maribor, and Nova
Gorica. Worker rights in the EPZs were the same as in the rest of the
country.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment was 16, although during the
harvest season or for other farm chores, younger children did engage in
labor. In general urban employers generally respected the age limits.
In May the ILO Convention 182 on the Worst Forms of Child Labor
entered into force. The Government had ratified it in March 2001.
e. Acceptable Conditions of Work.--The gross monthly minimum wage
was approximately $437 (101,611 tolars), which provides a decent
standard of living for a worker and family. Parliament adopted a new
Labor Law on April 25, to reduce the work week from 42 to 40 hours and
increase the minimum annual leave from 18 to 20 days. It also requires
all job vacancies to be announced publicly for at least 8 days, and
provides guidelines to ensure fair hiring processes, among other
procedural developments. The law is scheduled to take effect in January
2003.
Special commissions controlled by the Ministries of Health and
Labor set and enforced standards for occupational health and safety.
Workers had the right to remove themselves from dangerous work
situations without jeopardy to their continued employment.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; however, trafficking of women through and to the country
was a problem. The law on ``enslavement'' prescribes criminal
prosecution for a person who ``brings another person into slavery or a
similar condition, or keeps another person in such a condition, or
buys, sells or delivers another person to a third party,'' or brokers
such a deal.
Government officials generally were not involved in trafficking,
although there was anecdotal evidence that some government officials
tolerated trafficking at the local level.
In 2000 the Government apprehended a suspected organized-crime boss
whose alleged crimes included trafficking in persons; his trial was
ongoing at year's end. Victims were not encouraged to file complaints,
and very few cases were reported to the police. The Government did not
provide protection for victims and witnesses. In 2001 the Government
established a National Coordinator for Trafficking in Persons and an
interagency working group that based its activities on the National
Strategy to combat trafficking.
The country was primarily a transit point for trafficking in
persons, although it was also a destination country. Most victims were
women trafficked into sexual exploitation from Ukraine, the Czech
Republic, Slovakia, Moldova, Russia, Romania, and Bulgaria. They were
trafficked into the country and also onward to Italy, Belgium, and the
Netherlands. Slovenia was also a country of origin, but the number of
women trafficked out of the country was not known and was believed to
be very low.
Many women trafficked into the country were promised work as
waitresses or artists in nightclubs. It was common for nightclub owners
to import illegally foreign nationals into the country and arrange work
permits for them as auxiliary workers and dancers. Often the promised
work did not provide enough money, so the women were encouraged to turn
to prostitution. Women who were victims of trafficking reportedly were
subjected to violence. Organized crime was responsible for some of the
trafficking. In general victims trafficked into the country were not
treated as criminals; however, they usually were deported either
immediately upon apprehension or following their testimony in court.
Sentences for enslavement convictions range from 1 to 10 years'
imprisonment. Persons also can be prosecuted for rape, pimping,
procurement of sexual acts, inducement into prostitution, sexual
assault, and other related offenses. The penalty ranges from 3 months'
to 5 years' imprisonment or, in cases involving minors or forced
prostitution, 1 to 10 years' imprisonment. Regional police directorates
had departments that investigated trafficking and organized crime.
Although the Government did not provide protection services, NGOs
operated safe houses and counseling services for female victims of
violence. These generally were full, and NGOs reported that a
trafficking victim would not be given shelter unless she was in
immediate danger. Victims of trafficking who did not have proper
identity documents were given shelter at a refugee center until they
could be returned to their native country. The domestic NGO Kljuc
continued to work to increase public awareness of the trafficking
problem, to draft a specific law against trafficking, to assist
trafficked women returning home, and to improve networking among other
NGOs in the region.
In an effort to prevent trafficking, the Ministry of Interior
produced pamphlets and other informational materials for awareness-
raising programs to sensitize potential target populations to the
dangers of and approaches used by traffickers. The Ministry also worked
with NGOs to assist the small number of Slovene victims with
reintegration.
__________
SPAIN
Spain is a democracy with a constitutional monarch. The Parliament
consists of two chambers, the Congress of Deputies and the Senate. In
March 2000, Jose Maria Aznar of the Popular Party was reelected Prime
Minister, with the title President of the Government. The next national
elections must be held by March 2004. The judiciary is independent.
Internal security responsibilities were divided among the National
Police, which were responsible for security in urban areas; the Civil
Guard, which policed rural areas and controlled borders and highways;
and police forces under the authority of the autonomous communities of
Catalonia and the Basque Country. While the security forces generally
were under the effective control of civilian authorities, some members
of the security forces committed human rights abuses.
The market-based economy, with primary reliance on private
enterprise, provided the population of over 41 million with a high
standard of living. The economy grew during the third quarter at a 1.7
percent annual rate. The annual inflation rate was 4 percent at year's
end. Unemployment increased to 11.4 percent during the year, ending its
downward trend.
The Government generally respected the human rights of its
citizens, although there were a few problems in some areas; the law and
judiciary provide effective means of dealing with cases of individual
abuse. There were reports that at times security forces abused
detainees and mistreated foreigners and illegal immigrants. According
to Amnesty International (AI), government investigations of such abuses
often were lengthy and punishments were light. Lengthy pretrial
detention and delays in trials were sometimes problems. Violence
against women was a problem, which the Government took steps to
address. Women also faced some discrimination in the workplace.
Societal discrimination against Roma and immigrants remained a problem,
as did occasional violence against immigrants. Trafficking in women and
teenage girls for the purpose of prostitution was a problem. Spain was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
The terrorist group ETA (Basque Fatherland and Liberty) continued
its campaign of shootings and bombings, killing four persons during the
year. ETA sympathizers also continued a campaign of street violence and
vandalism in the Basque region intended to intimidate politicians,
academics, and journalists. Judicial proceedings against members of ETA
continued, and Spanish and French police arrested dozens of suspected
ETA members and collaborators.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
The ETA, whose declared goal is to establish an independent Basque
state, continued its terrorist campaign of bombings and shootings,
killing four persons during the year. ETA publicly claimed
responsibility for its attacks. On March 21, ETA shot and killed a
Socialist councilman in the Basque town of Orio. On July 4, an ETA car
bomb killed a civilian and a 6-year old girl in Santa Pola. On
September 4, a bomb hidden in a banner supporting ETA's political wing,
Batasuna, killed a Civil Guard member who was trying to take down the
banner.
The Government continued to pursue legal actions against ETA
members. The courts convicted and sentenced at least eight ETA members
during the year. In July the National High Court sentenced Jose Maria
Novoa, Igor Martinez de Osaba, and Alicia Saez de la Cuesta to 29 years
each in prison for the murder of a Civil Guard officer in 1998. Idoia
Lopez Riano was sentenced to 87 years' imprisonment for her
participation in an attack that killed three persons in 1986; she later
was sentenced to 53 years in prison for her participation in the murder
of a National Policeman in 1985. In August the court sentenced Santiago
Arrospide to 36 years and Jose Maria Dorronsor to 26 years in prison
for the attack on a National Police patrol in 1987. Former ETA leader
Francisco Mugica and explosives expert Jose Maria Arregui were
sentenced to 743 years in prison each as accomplices in the attack on a
military bus in Zaragoza in 1987 in which 2 people were killed and 28
were injured.
By year's end, police had arrested 123 ETA members and had
dismantled 16 ETA commands. Authorities in France, the Netherlands,
Uruguay, Switzerland, and Venezuela have arrested, and in some cases
extradited to Spain, ETA members.
Several organizations were dedicated to the concerns of victims of
terrorism, among them the Association of Victims of Terrorism (AVT).
The AVT served 2,000 families, providing legal and psychological
counseling. The Government supported its work. Under a 1999 law, the
Government has compensated directly victims of terrorism and their
families, including victims of the Antiterrorist Liberation Groups
(government-sponsored death squads known by their acronym, GAL) in the
1980s.
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; however, suspects
charged with terrorism at times asserted that they were abused during
detention, and at times other detainees. AI continued to criticize the
Government for reports of brutality by security forces, particularly
directed at foreigners and illegal immigrants. Human Rights Watch and
AI also reported that police abused undocumented Moroccan minors (see
Section 5). In April AI issued a report titled, ``Spain, Identity
Crisis, Torture from Security Forces,'' which included examples of
torture and mistreatment by police based on racial problems.
According to AI, in January police beat U.S. citizen Rodney Mack, a
musician with a Barcelona orchestra. AI reports indicated Mack
mistakenly was arrested for car theft and officers only identified
themselves as police after they had mistreated him. Mack and the police
had complaints pending against each other at year's end.
The formal complaint of torture filed with the National High Court
by Iratxe Sorzabal Diaz, an ETA suspect expelled from France, against
Civil Guards remained pending at year's end.
The Government investigated allegations of torture; however, in a
November report on impunity and mistreatment done for the U.N.
Committee Against Torture, AI criticized the judicial process for law
enforcement officials accused of torture or mistreatment.
In addition to killings, ETA bombings and attempted bombings caused
numerous injuries and property damage. Several of these attempts were
directed at the tourist industry, including two June car bombings in
Malaga, one in Zaragoza, and another in Santander. In August ETA bombed
a restaurant in Valencia. In addition to attacks in tourist zones, ETA
set off a car bomb in Bilbao in January, and in February a young
socialist councilman lost a leg in Sestao when a bomb placed in his car
exploded. Also in February, a councilman and his escort were injured in
an ETA attack. During April and May, ETA set off three car bombs in
Getxo. In September two ETA members died when their backpacks carrying
explosives accidentally blew up. In October ETA attacked with grenades
the headquarters of the Civil Guard in Urdax. As of December, the
police had arrested 194 persons in connection with street violence by
ETA sympathizers.
There were reports that police abused persons during political
demonstrations (see Section 2.b.).
Prison conditions generally met international standards. However,
prison unions criticized the overcrowding of prisons, which, they
stated, caused an increase in the number of violent incidents. In a
report compiled by the Coordinator of Solidarity with Imprisoned
Persons, an umbrella prison rights nongovernmental organization (NGO),
prisoners claimed they were tortured and mistreated because of their
race.
In the prison system, women were held separately from men;
juveniles were held separately from adults; and pretrial detainees were
held separately from convicted criminals.
The Government permits prison visits by independent human rights
monitors, but no such visits occurred during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. A suspect may not be held for more than 72
hours without a hearing except in cases involving terrorism, in which
case the law permits holding a suspect an additional 2 days--or a total
of 5 days--without a hearing. A judge may authorize incommunicado
detention for terrorism suspects. AI and other NGOs have criticized
this provision.
At times pretrial detention was lengthy. By law suspects may not be
confined for more than 2 years before being brought to trial, unless a
further delay is authorized by a judge, who may extend pretrial custody
to 4 years. In practice pretrial custody usually was less than a year.
By year's end, approximately 23 percent of the prison population was in
pretrial detention (11,975 out of 52,049 inmates), although that number
included convicted prisoners whose cases were on appeal.
The law on aliens permits the detention of a person for up to 40
days prior to deportation but specifies that it must not take place in
a prison-like setting (see Section 2.d.).
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial structure consists of local, provincial, regional, and
national courts with the Supreme Court at its apex. The Constitutional
Court has the authority to return a case to the court in which it was
adjudicated if it can be determined that constitutional rights were
violated during the course of the proceedings. The National High Court
handles crimes such as terrorism and drug trafficking. The European
Court of Human Rights is the final arbiter in cases concerning human
rights.
The Constitution provides for the right to a fair public trial, and
an independent judiciary generally enforced this right. There was a
nine-person jury system. Defendants have the right to be represented by
an attorney (at state expense for the indigent). Defendants were
released on bail unless the court believed that they may flee or be a
threat to public safety. Following a conviction, defendants may appeal
to the next higher court.
The law calls for an expeditious judicial hearing following arrest;
however, the judicial process often was lengthy (see Section 1.d.). In
cases of petty crime, suspects released on bail sometimes waited up to
5 years for trial. There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. Under
the Criminal Code, the authorities must obtain court approval before
searching private property, wiretapping, or interfering with private
correspondence. However, the antiterrorist law gives discretionary
authority to the Minister of the Interior to act prior to obtaining
court approval in ``cases of emergency.''
The parents or legal guardians of a person with mental disabilities
may petition a judge for sterilization of that person (see Section 5).
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. Opposition viewpoints, both from
political parties and nonpartisan organizations, were reflected freely
and widely in the media.
The country had an active and independent media, with numerous
newspapers, television, and radio stations at the local, regional and
national level. Access to the Internet was unrestricted.
ETA and its sympathizers continued their violent campaign of
intimidation against political, press, and academic professionals and
organizations in the Basque country (see Sections 1.a. and 1.c.). These
attacks included package bombs sent in January to the vice president of
the media group Correo, Enrique Ibarra; to the director of radio
network RNE; and to Marisa Guerrero of radio network Antenna 3.
Security forces deactivated all bombs. According to a study done by the
University of the Basque Country, 10 percent of the radio and TV
journalists who work in the Basque Country have received threats by
ETA. Various organizations including the World Association of
Newspapers, the World Editors Forum, the International Press Institute,
and Reporters Without Borders have criticized the ETA for its assaults
on civil liberties and have denounced the conditions of ``threat and
fear'' under which journalists work in the Basque Country.
The Government did not restrict academic freedom. ETA and elements
of radical Basque nationalism continued to intimidate and pressure
unsympathetic academics to leave the region.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
The Constitution declares the country to be a secular state, and
various laws provide that no religion should have the character of a
state religion; however, Catholicism was the dominant religion and
enjoyed the closest official relationship with the Government. Among
the various benefits enjoyed by the Catholic Church was financing
through the tax system. Judaism, Islam, and many Protestant
denominations had official status through bilateral agreements but
enjoyed fewer privileges. Other recognized religions, such as Jehovah's
Witnesses and the Church of Jesus Christ of Latter-Day Saints
(Mormons), were covered by constitutional protections but had no
special agreements with the Government.
The law establishes a legal regime and certain privileges for
religious organizations to benefit from this regime, religious
organizations must be entered in the Register of Religious Entities
maintained by the General Directorate of Religious Affairs in the
Ministry of Justice. To register with the Ministry of Justice,
religious groups must submit documentation supporting their claim to be
religions. If a group's application is rejected, it may appeal the
decision to the courts. Religions not recognized officially, such as
the Church of Scientology, were treated as cultural associations.
Leaders of the Protestant, Muslim, and Jewish communities reported
that they continued to press the Government for comparable privileges
to those enjoyed by the Catholic Church. Protestant and Muslim leaders
would like their communities to receive government support through an
income tax allocation or other designation.
The growth of the country's immigrant population at times led to
social friction, which in isolated instances had a religious component.
In May arsonists burned an evangelical church in the town of Arganda
del Rey, in the Madrid Autonomous Community. The church, whose
congregation was predominantly Romanian, previously had been vandalized
with anti-immigrant graffiti. Police arrested four youths, who
according to the local mayor were associated with an ultra-right group.
The arrival of large Muslim religious groups in the Catalonia region
presented social problems particularly when it came to building mosques
in the region. For example, in Premia de Mar, a small town north of
Barcelona which became the center of confrontations between immigrants
and local citizens, 5,500 Catalans gathered to protest against the
construction of a mosque. An agreement was eventually signed to build
the mosque in a less centrally located site. Other examples of towns
where citizens refused to permit the construction of mosques are the
towns of Lleida, Vendrell, Cervera and Badalona. The NGO SOS Racism
commented that these events indicated a growing fear of Islam in
Catalonia.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution and law provide for
these rights, and the Government generally respected them in practice.
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 cooperated with the
office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations, including the Spanish Committee for
Assistance to Refugees (CEAR), in assisting refugees and asylum-
seekers. Under the law, asylum requests are adjudicated in a two-stage
process, with the Office of Asylum and Refugees (OAR) making an initial
decision on the admissibility of the application for processing. The
Interministerial Committee for Asylum and Refuge (CIAR) examines the
applications accepted for processing. The CIAR included representatives
from the Ministries of Interior, Justice, Labor, Foreign Affairs, and a
non-voting member of the UNHCR. The Minister of the Interior must
approve the decision of the CIAR in each case. According to provisional
statistics as of June, of the 3,748 applications for asylum during the
year, the Government granted 135 persons asylum status and admitted 45
others for humanitarian or other reasons. The largest number of
applicants came from Colombia, Nigeria, Algeria, Sierra Leone, and
Cuba. The law provides for first asylum, but the issue of first asylum
did not arise during the year. The UNHCR advised authorities throughout
the asylum process. Applicants for asylum had the right to have their
applications sent immediately to the local office of the UNHCR. The
authorities were not bound by the judgment of the UNHCR in individual
cases, but they often reevaluated decisions with which the UNHCR did
not agree. Appeals of rejection at either stage may be made to the
National High Court, and appeals of the National High Court's decisions
may be made to the Supreme Court.
Asylum requests may be made from outside, as well as within the
country. Anyone can request asylum from a Spanish diplomatic or
consular representative outside the country. Illegal immigrants were
permitted to apply for asylum. Those who lacked visas or permission to
enter the country may apply at the border or port of entry; the
applicant in such cases may be detained until a decision is made
regarding the admissibility for processing of the application. In cases
where persons apply inside the country, a decision must be reached
within 2 months, but in cases where persons apply at a port of entry,
this period is reduced to 72 hours. The period for filing an appeal in
such cases is 24 hours.
In February the Constitutional Court ruled that the Government's
practice of detaining asylum applicants at border posts pending
processing of their requests did not violate the Constitution.
The Ombudsman also expressed his concern over the high percentage
of applications not admitted for processing (approximately 93.5 percent
during the year). However, many persons with falsified documents were
rejected early in the process. Many such applicants came from
politically stable but economically impoverished countries.
Applicants had the right by law to free legal assistance,
regardless of where they are when they apply for asylum. This
assistance was available from the first step in the process through any
appeals of unfavorable decisions. The applicant also had the right to
the assistance of translators and interpreters, and the OAR admitted
documents in any language without requiring an official translation.
There was no distinction between asylum status and refugee status.
Regulatory changes in 2001 redefined the basis for admission on
humanitarian grounds for certain applicants who do not meet the
requirements of the 1951 Convention. Those granted admission for
humanitarian reasons must renew their status annually. The law allows
the applicant a 15-day grace period in which to leave the country if
refugee status or asylum is denied. Within that time frame, the
applicant may appeal the decision, and the court of appeal has the
authority to prevent the initiation of expulsion procedures, which
normally begins after 15 days.
During the year, the Government finished the regularization process
initiated in 2001. Of the 352,346 applications presented, 238,872 were
approved, 87,808 were denied, and the rest were put on hold for lack of
information from the applicant. During the year, the Government
approved a quota of 30,000 foreign workers (20,000 of them were to be
seasonal workers). Country selection will be based first on the
requirements of potential Spanish employers, and secondly, upon the
countries with whom the Government has employment cooperation
agreements (Ecuador, Dominican Republic, Colombia, Poland, and
Romania).
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Spain is a multiparty democracy with open elections
in which all citizens 18 years of age and over have the right to vote
by secret ballot. At all levels of government, elections are held at
least every 4 years. In March 2000, Jose Maria Aznar of the Popular
Party was reelected Prime Minister, with the title President of the
Government. The next national elections must be held by March 2004.
Governmental power was shared between the central government and 17
regional ``autonomous communities.'' Local nationalist parties gave
political expression to regional linguistic and cultural identities.
Women participated actively in government and politics. Of 15
Cabinet Ministers, three were women. The Speaker of the Chamber of
Deputies was a woman. The number of female Members of Parliament
increased after the 2000 elections; of the 350 members of the lower
house, 109 were women. Of 259 Senators, 66 were women. One of the
country's two EU Commissioners was a woman. At year's end, 20 of the 64
Spanish members of the European Parliament were women.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. Human rights NGOs
included the Human Rights Association of Spain in Madrid and the Human
Rights Institute of Catalonia in Barcelona.
The Constitution provides for an ombudsman, called the ``People's
Defender,'' whose duties include actively investigating complaints of
human rights abuses by the authorities. The ombudsman operated
independently from any party or government ministry, must be elected
every 5 years by a three-fifths majority of the Congress of Deputies,
and was immune from prosecution. He had complete access to government
institutions and to all documents other than those classified for
national security reasons, and may refer cases to the courts on his own
authority. The ombudsman had a staff of approximately 150 persons and
received approximately 21,192 complaints during the year. The majority
of the complaints pertained to health and social services, integration
and shelter services for immigrants, moving of imprisoned persons from
one penitentiary to another, and lack of adequate facilities in such
penitentiaries. Government agencies were responsive to the ombudsman's
recommendations. Several of the autonomous communities had their own
ombudsman, and there were ombudsmen dedicated to the rights of specific
groups, such as women, children, and persons with disabilities.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equal rights for all citizens, and
discrimination on the basis of sex, race, ethnicity, nationality,
disability or ideology is illegal; however, social discrimination
against Roma and immigrants continued to be problems. The Government
continued to take steps to reduce violence against women.
Women.--Violence against women, particularly domestic violence,
remained a problem. According to the Government, 52 women and 19 men
were killed as a result of domestic violence during the year, compared
with at least 42 women and 3 men in 2001. During the year, women filed
7,295 criminal complaints and 22,904 misdemeanor complaints against
their husbands or male partners. In 2001 women filed 5,983 such
criminal complaints and 18,175 such misdemeanor complaints.
The law prohibits rape and spousal abuse. Police received 1,219
reports of rape in 2001. In May 2001, the Government initiated its
second Plan Against Domestic Violence, with a budget of $72 million
over 4 years. The four principal areas outlined in the plan were
preventive education; judicial regulations and practices to protect
victims and increase the penalty for abusers; the extension of social
services for abused women to all parts of the country; and increased
coordination among the agencies and organizations involved in
preventing domestic violence. There were 54 Civil Guard units that
assisted battered women and 43 similar units in the National Police.
There were 53 offices that provided legal assistance to victims of
domestic violence and approximately 225 shelters for battered women. A
24-hour free national hotline that advised women where to find local
assistance or shelter operated during the year.
Trafficking in women and children for the purpose of prostitution
was a problem (see Section 6.f.).
The law prohibits sexual harassment in the workplace; however,
there were complaints of sexual harassment. Although prohibited by law,
discrimination in the workplace and in hiring practices persisted.
Discriminatory wage differentials continued to exist. A 2001 report
by the General Workers' Union showed that women's salaries were 28
percent less than those of their male counterparts. In addition, the
Minister of Social Affairs reported that, while as of September 30,
women constituted 37.55 percent of the work force, they held only 18.09
percent of senior management positions in the third quarter of the
year. The female unemployment rate was 17.3 percent by year's end, up
from 15.5 percent in 2001; this was more than twice the 8.5 percent
rate for men. Women outnumbered men in the legal, journalism, and
health care professions but still played minor roles in many other
fields.
Employers were exempted from paying social security benefits to
temporary workers who substituted for workers on leave for maternity,
child adoption, or similar circumstances. A ministerial order to
increase women's presence in sectors in which they are underrepresented
provided a 2-year reprieve from paying social security taxes to
employers who hired women in these sectors. The 2002 National
Employment Action Plan gave priority to battered women who searched for
employment.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded a system of public education and
health care. Education was compulsory until age 16 and free until age
18. Many Romani children did not attend school on a regular basis and
some complained of harassment in schools.
The Constitution obligates both the State and parents to protect
children. The Ministries of Health and Social Affairs were responsible
for the welfare of children and have created numerous programs to aid
needy children. Numerous NGOs promoted children's rights and welfare,
often through government-funded projects. Several of the Autonomous
Communities had an office of the Defender of Children, an independent,
nonpartisan agency charged with defending children's rights. Under the
Penal Code, children under the age of 18 are not considered responsible
for their actions and cannot be sent to prison.
There appears to be no societal pattern of abuse of children. The
1995 Law of the Child gave legal rights of testimony to minors in child
abuse cases; it also obliged all citizens to act on cases of suspected
child abuse.
Trafficking in teenage girls for prostitution was a problem (see
Section 6.f.).
Law enforcement and social service agencies reported an increasing
number of undocumented immigrant children living on the streets. These
children cannot legally work; as a result, many survived through petty
crime. AI reported in a report released during the year that police
abused undocumented Moroccan minors, especially in the Spanish North
African enclaves of Ceuta and Melilla, and that some undocumented
minors were returned to Morocco without sufficient concern for their
welfare.
Persons with Disabilities.--The Constitution calls for the State to
provide for the adequate treatment and care of persons with
disabilities, ensuring that they are not deprived of the basic rights
that apply to all citizens. The law aims to ensure fair access to
public employment, prevent discrimination, and facilitate access to
public facilities and transportation. The national law serves as a
guide for regional laws; however, levels of assistance and
accessibility differed from region to region and have not improved in
many areas. Nevertheless there were no reports of discrimination
against persons with disabilities in employment, education, or the
provision of other state services.
The law continued to permit parents or legal representatives of a
person with mental disabilities to petition a judge to obtain
permission for the sterilization of that person. In 1994 the
Constitutional Court held that sterilization of persons with mental
disabilities did not constitute a violation of the Constitution. In
practice many courts in the past have authorized such surgery.
The Government subsidized companies that employed persons with
disabilities. The Government mandated that all businesses that employed
more than 50 persons either hire persons with disabilities for at least
two percent of their workforce, or subcontract a portion of their work
to special centers that employed persons with disabilities. According
to an NGO that advocates on behalf of persons with disabilities, not
all companies complied with this regulation, primarily because they did
not know the law. New regulatory legislation for companies that want to
have access to public contracts will make companies aware of their
obligations under the law.
National/Racial/Ethnic Minorities.--Public opinion surveys
indicated the continued presence of racism and xenophobia, which
resulted in discrimination and, at times, violence against minorities.
A June report by the NGO SOS Racism indicated that electoral use of
immigration issues has favored the proliferation of extreme right and
neo-Nazi groups. In 2001 there were occasional reports of attacks
against immigrants, some of which were attributed to quasi-organized
right-wing youth groups.
Roma continued to face marginalization and discrimination in access
to employment, housing, and education. The Romani community, whose size
was estimated by NGOs at several hundred thousand, suffered from
substantially higher rates of poverty and illiteracy than the
population as a whole. Roma also had higher rates of unemployment and
underemployment. According to the national NGO Secretariado General
Gitano, approximately 46 percent of Roma adults were unemployed. Roma
occupied the majority of the country's sub-standard housing units.
Several NGOs dedicated to improving the condition of Roma received
federal, regional, and local government funding.
According to a 2000 study of primary education by the Gypsy General
Secretariat Association (ASGG), an NGO, Roma children lagged
significantly behind the general population in several areas, including
integration into school routines and social interaction with other
children, and lacked family support for education. Roma truancy and
dropout rates remained significantly above average. However, the study
showed improvements over the results of a similar study done in 1994,
especially in early school access (94 percent entered school at age 6)
and academic achievement (44 percent finished secondary level).
A language or dialect other than Castillian Spanish is used in six
of the 17 autonomous communities. The Constitution stipulates that
citizens have ``the duty to know'' Castillian, which is the ``official
language of the state''; however, it also provides that other languages
also may be official under regional statutes and that the ``different
language variations of Spain are a cultural heritage which shall . . .
be protected.'' Laws in the Autonomous Communities of the Basque
Country, Galicia, and Valencia require the community governments to
promote their respective regional languages in schools and at official
functions.
The Law of the Catalan Language, approved by the Catalan regional
legislature (Generalitat) in 1998, stipulates the use of Catalan as the
official language in local government and administrative offices,
regional courts, publicly owned corporations, and private companies
subsidized by the Catalan regional government. Spanish-speaking
citizens had the right to be addressed in Spanish by public officials.
The legislation also established minimum quotas for Catalan-language
radio and television programming. Some controversy continued over the
implementing legislation and related regulatory measures.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and laws ensure that
all workers, except those in the military services, judges,
magistrates, and prosecutors, are entitled to form or join unions of
their own choosing, and workers exercised this right in practice.
Approximately 18 percent of the workforce was unionized. Under the
Constitution, trade unions are free to choose their representatives,
determine their policies, and represent their members' interests.
Unions were not restricted or harassed by the Government and were
independent of political parties. The two main labor federations were
the Workers' Committees (Comisiones Obreras) and the General Union of
Workers (Union General de Trabajadores).
The law prohibits discrimination by employers against trade union
members and organizers. Discrimination cases have priority in the labor
courts. The law gives unions a role in controlling temporary work
contracts to prevent the abuse of such contracts and of termination
actions. Unions nonetheless contended that employers practiced
discrimination in many cases by refusing to renew the temporary
contracts of workers engaging in union organizing. Approximately 30.7
percent of all employees were under temporary contracts at year's end.
Unions are free to form or join federations and affiliate with
international bodies and did so without hindrance.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, including
for all workers in the public sector except military personnel, and
unions exercised this right in practice. Public sector collective
bargaining in 1990 was broadened to include salaries and employment
levels, but the Government retained the right to set these if
negotiations failed. Collective bargaining agreements were widespread
in both the public and private sectors; in the latter they covered
82.79 percent of workers, even though only approximately 18 percent of
workers were union members.
The Constitution provides for the right to strike. A strike in non-
essential services was legal if its sponsors give 5 days' notice. Any
striking union must respect minimum service requirements negotiated
with the respective employer. The Constitutional Court has interpreted
the right to strike to include general strikes called to protest
government policy. According to the National Business Association, as
of September 30, there had been 358 strikes, with approximately 2.4
million participants and 3 million lost workdays. The law prohibits
retaliation against strikers.
National unions (UGT and CCOO) called for a general strike on June
20 to protest against the labor law reform proposed by the Government.
Estimates of the level of participation in it varied from 17 percent of
the work force, according to the Government, to 80 percent of the work
force, according to the unions.
Labor regulations and practices in free trade zones and export
processing zones were the same as in the rest of the country. Union
membership in these zones reportedly was higher than the average
throughout the country.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children; however, there were reports
that such practices occurred (see Section 6.f.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The statutory minimum age for the employment of children
is 16 years old. The law also prohibits the employment of persons under
the age of 18 at night, for overtime work, or in sectors considered
hazardous. The Ministry of Labor and Social Affairs primarily was
responsible for enforcement, and the minimum age was enforced
effectively in major industries and in the service sector. It was more
difficult to enforce the law on small farms and in family-owned
businesses, where some child labor persisted. Legislation prohibiting
child labor was enforced effectively in the special economic zones.
e. Acceptable Conditions of Work.--Each year the Government revises
its minimum wage for workers over age 18, in line with the consumer
price index. In December the Government raised the minimum wage for
2003 by two percent, to $482 (451.2 euros) monthly or $16 (15.04 euros)
daily. The national minimum wage provided a decent standard of living
for a worker and family. The Ministry of Labor effectively enforced the
minimum wage. The law sets a 40-hour workweek with an unbroken rest
period of 36 hours after each 40 hours worked. Workers enjoyed 12 paid
holidays a year and 1 month's paid vacation.
The National Institute of Safety and Health in the Ministry of
Labor and Social Security had technical responsibility for developing
labor standards, but the Inspectorate of Labor had responsibility for
enforcing the legislation through judicial action when infractions are
found. Unions have criticized the Government for devoting insufficient
resources to inspection and enforcement. Workers have firm legal
protection for filing complaints about hazardous conditions, but easily
replaced temporary workers may be reluctant to use this protection for
fear of losing their jobs.
Unions and immigrant rights NGOs reported that illegal immigrants
often worked for sub-standard pay and in sub-standard conditions,
mainly in agriculture. The Inspectorate of Labor reported 7,501 cases
of labor rights violations related to immigrants during 2001, and 5,545
such violations in the first 9 months of the year. Illegal aliens did
not have the right to join unions or to strike.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in women and teenage girls remained a
problem. There were few reports of trafficking in younger minors.
The law defines trafficking as a criminal offense. The penalty for
trafficking is 2 to 4 years' imprisonment and a fine, or 6 to 12 years
if the crime is committed by a public official. The exploitation of
prostitutes through coercion or fraud and the exploitation of workers
in general also were illegal, although prostitution itself is legal.
Trafficking in workers was punishable by 2 to 5 years' imprisonment and
a fine. During the year, law enforcement agencies arrested more than
1,844 individuals involved in some aspect of trafficking in persons or
migrant smuggling.
The Government specifically targets trafficking as part of its
broader plan to control immigration; for example, the police actively
pursued and prosecuted organized crime groups who used false identity
documentation for immigrant smuggling of all kinds, including
trafficking. Within the Interior Ministry, the National Police Corps
had primary responsibility for all matters pertaining to immigration,
including trafficking. Regional authorities also participated in
fighting organized criminal activity, including trafficking. In
addition, the Interior Ministry chaired an interagency committee on all
immigration issues, including trafficking. The Ministries of Foreign
Affairs, Health, Education, Treasury, and Labor also were members of
the committee. The main police school gave courses on trafficking
issues, such as the recognition of fake documents and the best ways to
identify traffickers.
Women were trafficked primarily from Latin America (Colombia,
Dominican Republic, Brazil), East European countries, sub-Saharan
Africa (Nigeria, Guinea, Sierra Leone), and, to a lesser extent, North
Africa. Asians, including Chinese, were trafficked to a much lesser
degree, and more often for work other than prostitution. Trafficking
involved almost exclusively the importation of women for prostitution,
although there were reports of occasional cases in which victims were
employed in other work, including agriculture and sweatshops.
Trafficked women were usually 18 to 30 years of age, but sometimes were
girls as young as age 16.
Traffickers used coercion, including confiscation of documents,
violence, and threats against family members to keep victims working in
prostitution. As a group, women from Eastern Europe reportedly were
subject to more severe violence and threats by traffickers. Some
victims from sub-Sarahan Africa reportedly were sold to traffickers by
members of their own families. Traffickers lured some victims from
other regions with false promises of employment in service industries
and agriculture and then forced them into prostitution upon their
arrival in the country.
The law allows for trafficked persons to remain in the country if
they agree to testify against the perpetrators. After legal proceedings
conclude, the individual is given the option of remaining in the
country or returning to the country of origin. Victims were encouraged
to help police investigate trafficking cases and to testify against
traffickers. The Government worked with and funded NGOs that provided
assistance to trafficking victims. In addition, regional and local
governments provided assistance either directly or through NGOs.
Project Hope, a program backed by the Catholic NGO Las Adoratrices
and government agencies, specifically was designed to assist
trafficking victims. The project operated shelters in Madrid and
provided assistance with medical and legal services and acted as
liaison with law enforcement for victims who chose to testify against
traffickers. Project Hope received many of its referrals directly from
police.
__________
SWEDEN
Sweden is a constitutional monarchy and a multiparty parliamentary
democracy. The King is Head of State. The Cabinet, headed by the Prime
Minister, exercises executive authority. The judiciary is independent.
The Government maintains effective control of the police, all
security organizations, and the armed forces. The police provide
internal security and the military provide external security.
The country has an advanced industrial economy, mainly market
based, with a total population of approximately 8.92 million. Citizens
enjoy a high standard of living, with extensive social welfare
services.
The Government generally respected the human rights of its
citizens, and the law and judiciary provided effective means of dealing
with individual instances of abuse. There were no reports of the use of
excessive force by police. The Government has longstanding programs to
deal with violence against women and abuse of children. Trafficking in
women and children was a problem, but it received high priority by the
Government. Sweden was invited by the Community of Democracies' (CD)
Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
The Chief Prosecutor's investigation into the 2000 death of Peter
Andersson, who died after his arrest in Orebro, was reopened in March
2001 and remained pending at year's end.
A commission of inquiry appointed in 2000 to look into past deaths
in custody issued a report critical of the police, prosecutors, and the
coroners handling investigations into such deaths. The report also
criticized inadequate cooperation between the authorities involved and
accused two policemen of dereliction of duty. The commission also
proposed reforms aimed at strengthening the safeguards for those
detained. Nongovernmental organizations (NGOs) remained interested in
such cases.
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 police employed them. In the past, police officers found
guilty of abuse typically were suspended, resigned, or otherwise were
disciplined.
The prosecutor closed a preliminary investigation without bringing
charges against any officer involved in the 2001 police shooting and
wounding of three protesters at demonstrations in the city of
Gothenburg. In 2001 the Government appointed a committee headed by
former Primer Minister Ingvar Carlsson to investigate police actions in
Gothenburg, and prosecutors in Stockholm opened an investigation of
complaints against four policemen for misconduct. A trial began in
September, and the court exonerated the officers in December (see
Section 2.b.). The police officer in charge of the actions in
Gothenburg was charged with breach of duty and unlawful deprivation of
freedom, and that case remained pending at year's end.
Prison conditions generally met international standards. Men and
women prisoners were held separately. Juveniles were held separately
from adults and convicted criminals and pretrial detainees were held
separately.
The Government permits visits by independent human rights
observers, although there were no such visits during the year.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The law requires warrants for arrests. The
police must file charges within 6 hours against persons detained for
disturbing the public order or considered dangerous and within 12 hours
against those detained on other grounds. The police may hold a person
for questioning for 6 hours, although the period may be extended to 12
hours if necessary for the investigation. If the person is a suspect,
the police must decide whether to arrest or release the person. If the
suspect is arrested, the prosecutor has 24 hours (or 3 days in
exceptional circumstances) to request that the suspect be detained. If
arrested, the suspect must be arraigned within 48 hours. The court then
sets a date to initiate prosecution, usually within 2 weeks. The
prosecutor may extend the time limit for initiating prosecution with
judicial review every 2 weeks, which most often occurs in drug-related
investigations. Detainees routinely were released pending trial unless
they were considered dangerous. Bail does not exist.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
The judicial system is composed of three levels of judicial
examination: District courts; a court of appeals; and a Supreme Court.
All criminal and civil cases are heard first in district court
regardless of the severity of the alleged crime. For some areas there
are specialized courts, such as Labor, Water, Real Estate, and Market
courts. These courts usually are the second and last instance for trial
after the district court.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. Trials are public.
Defendants have the right to appeal and are presumed innocent until
proven guilty.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. The law
limits home searches to investigations of major crimes punishable by at
least 2 years' imprisonment. In general the police must obtain court
approval for a wiretap and a prosecutor's permission for a search;
however, a senior police official may approve a search if time is a
critical factor or the case involves a threat to life. The national
police and the Prosecutor General's Office submit a report to
Parliament each year detailing all of the electronic monitoring done
during the previous year.
As a result of the forced sterilization of thousands of persons
between 1934-76 (which left the majority of those sterilized with
mental or physical disabilities), the Government decided to pay damages
of approximately $24,700 (219,905 SEK) to each victim. By year's end,
approximately 2,100 persons had applied for compensation, and
approximately 1,600 had received payment. The possibility to apply for
damages expired at 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 generally
respected these rights in practice; however, rightwing groups were not
permitted to display signs and banners with provocative symbols at
their rallies (see Section 5).
Most newspapers and periodicals were privately owned. The
Government subsidized daily newspapers, regardless of political
affiliation. There were 169 daily newspapers and 455 weeklies.
Broadcasters operated under a state concession. A variety of commercial
television channels (one ground-based and several via satellite or
cable) and several commercial radio stations operated.
A quasi-governmental body excised extremely graphic violence from
films, television programs, and videos.
Criticism of child pornography was widespread, and the debate on
the legality of ownership of pornographic material continued. The law
prohibits the possession and handling of child pornography. It also is
illegal to publish or distribute such material. The Queen remained a
strong and popular advocate of children's rights and an active opponent
of child pornography.
Internet access was available widely and was unrestricted.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of peaceful assembly and association, and the
Government generally respected these rights in practice; however, there
were some violent clashes between police and protesters during the
year. Police require a permit for public demonstrations, but the
authorities routinely granted such permits, with rare exceptions to
prevent clashes between antagonistic groups or due to insufficient
police resources to patrol an event adequately.
In 2001 clashes between police and demonstrators at the EU summit
in Gothenburg, police officers shot and injured three demonstrators and
also raided a school suspected of housing activists. In December the
court exonerated the four police officers charged with criminal
misconduct stemming from the Gothenburg riots (see Section 1.c.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice. The Government did not hamper the practice or teaching of any
faith.
The country maintained a state (Lutheran) church for several
hundred years, supported by a general ``church tax,'' although the
Government routinely granted requests from taxpayers for exemptions.
There was still an optional church tax, but all churches now receive
some state financial support.
Citizens are tolerant of diverse religions practiced in the
country; however, there were some cases of anti-Semitic vandalism
reported during the year. The Government continued to take proactive
steps to combat anti-Semitism by increasing awareness of Nazi crimes
and the Holocaust. For example, the Government declared January 27, the
anniversary of Auschwitz's liberation, as a national day of
remembrance.
An investigation into the September 2001 firebombing of a Muslim
school in the Stockholm suburbs was closed; no one was charged with the
crime.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice.
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 cooperated with the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. The Government provides first
asylum. The number of asylum seekers rose notably: During the year,
33,016 persons sought asylum, compared with 23,571 in 2001. Applicants
included 5,842 persons from the Federal Republic of Yugoslavia and
5,446 persons from Iraq. The Government approved 7,941 applications in
2001. Applications can remain under consideration for long periods of
time with applicants in uncertain status. The appeals process in the
courts may extend cases for several years, although there were few such
cases.
NGOs continued to complain that the country lacked a transparent
process for making decisions in asylum cases. They maintained that the
asylum procedures lacked rules to guide the conduct of authorities and
to ensure legal protection for asylum seekers. The procedures accorded
great discretion to individuals in decisionmaking positions. According
to NGOs, the decision makers used arbitrary, unspecified, and
inconsistent criteria. NGOs also criticized the unclear burden of proof
and the lack of a process for appeal to an independent court.
The U.N. Committee Against Torture, which criticized Sweden in 2000
and 2001 for decisions by the Migration Board, received one case
against the country during the year--from the spouse of an Egyptian
asylum seeker forcibly returned to Egypt in December 2001 after his
asylum claim had been rejected.
The Government expeditiously returned asylum seekers from EU
countries or from countries with which there were reciprocal return
agreements. In most cases, persons who were returned expeditiously had
passed through or had asylum determinations pending in other EU
countries. In many cases, asylum seekers were deported within 72 hours
of arrival, and NGOs were critical of their lack of access to legal
counsel. To remedy this situation, the Government continued to
experiment with pilot programs at selected border crossings to provide
expeditious legal assistance.
According to the Migration Board, the cases of the 400 Albanian
Kosovars whose applications for permanent residence were pending at the
end of 2001 were being reviewed on an individual rather than group
basis, and some cases remained pending at year's end.
In 2001 the country joined the Schengen Group, which led to an
increase in the number of asylum seekers. To provide for the processing
of the growing number of asylum applications, the Government increased
the budget of the Migration Board by $49 million (436 million SEK) in
2001 and an additional $6 million (53 million SEK) during the year.
A 2001 citizen act permits the possibility of a citizen having dual
nationality and makes it easier for stateless children who were born
in, or entered the country to acquire citizenship.
Swedish human rights organizations, particularly Amnesty
International, strongly criticized the December 2001 forcible return to
Egypt of two Egyptian asylum-seekers whose asylum claims had been
rejected.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Elections to the 349-member unicameral Parliament
are held every 4 years; the last such elections were held in September.
Women participated actively in the political process and
government. Women constituted 45 percent of the Parliament and 55
percent of the Cabinet. The governing Social Democratic Party largely
kept its pledge to place women in half of all political appointments at
all levels. The Parliament included representatives of the principal
religious, ethnic, and immigrant groups.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restrictions, investigating and
publishing their findings. Government officials were very cooperative
and responsive to their views. Several private organizations actively
monitored issues such as the effect of social legislation, anti-
immigrant or racist activities, and the condition of the indigenous
Sami population. Government agencies were in close contact with a
variety of local and international groups working in the country and
abroad to improve human rights observance.
The official government ombudsmen may publicize abuses of state
authority and initiate actions to rectify such abuses.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equal rights for all citizens.
Women.--Violence against women remained a problem. A report of the
National Council for Crime Prevention indicated an increased tendency
towards violence against women where the perpetrator was an
acquaintance. During the year, 21,420 cases of assault against women
(excluding rape) were reported, compared with 20,481 in 2001. Most
involved spousal abuse. In most of the assaults, the perpetrator was an
acquaintance of the victim. An average of 30 murders of women and girls
are reported each year, half of them by men closely related to the
victim. The number of reported rapes of persons over age 14 was 1,791,
compared with 2,078 in 2001. The law does not differentiate between
spousal and non-spousal rape.
The law provides complainants with protection from contact with
their abusers, if so desired. In some cases, the authorities helped
women obtain new identities and homes. The Government provided
electronic alarms or bodyguards for women in extreme danger of assault.
Both national and local governments helped fund volunteer groups that
provided shelter and other assistance to abused women, and both private
and public organizations ran shelters. There was a hot line for victims
of crime, and police were trained to deal with violence against women.
The authorities strove to apprehend and prosecute abusers. Typically
the sentence for abuse is a prison term--14 months on average--or
psychiatric treatment. However, women complained about short sentences
and the early release of offenders.
Trafficking in women for purposes of sexual exploitation was a
problem (see Section 6.f.). The purchase or attempted purchase of
sexual services is illegal.
The law prohibits sexual harassment and specifies clearly
employers' responsibilities to prevent and, if applicable, to
investigate sexual harassment in the workplace and to formulate and
post a specific policy and guidelines for the workplace. Employers who
do not investigate and intervene against harassment at work may be
obliged to pay damages to the victim. As with other forms of
discrimination, women and men may take complaints to the courts or to
their unions. To combat gender discrimination in the long term, the
Equal Opportunities Act requires all employers, both in the public and
private sector, actively to promote equal opportunities for women and
men in the workplace.
The law requires employers to treat men and women alike in hiring,
promotion, and pay, including equal pay for comparable work. Some
sectors of the labor market showed significant gender disparities, many
with a strong preponderance of either men or women. According to 2001
statistics, women's salaries were approximately 80 percent of men's
salaries. Adjusting for age, education, and occupational differences
between men and women, women's salaries averaged 90 percent of men's
salaries. The equal opportunity Ombudsman, a public official,
investigates complaints of gender discrimination in the labor market
(see Section 4). Women and men also may pursue complaints through the
courts. A third option, and by far the most common, involves settling
allegations with the employee's labor union as mediator. In 2001
approximately 170 gender discrimination cases were registered with the
equal opportunity Ombudsman; 142 of the cases were closed--26 were
settled, 26 were withdrawn, 58 could not be proved, 14 were tried by
the Labor Court, and 18 were closed for other reasons, usually because
of the statute of limitations. During the year, 129 cases were
registered: Women filed approximately 90 percent, and 50 percent
concerned salary issues.
All employers with more than 10 employees must prepare an annual
equality plan, including a survey of pay differences between male and
female employees. The equal opportunity Ombudsman reviews these plans.
The law requires from every employer a survey made with a union
representative analyzing wage differences. If gender is found to be the
cause for a difference in salary, pay must be equalized within 3 years.
In 2000 the Government began to pay damages to the thousands of
women who were forcibly sterilized between 1934 and 1976 (see Section
1.f.).
Children.--The Government is committed strongly to children's
rights and welfare; it amply funds systems of public education and
medical care. An official children's Ombudsman monitors the
Government's programs. The Government provides compulsory, free, and
universal primary school education for children 9 to 16 years of age.
It also provides free medical and dental care for all children up to
the age of 16 (19 for dental care). Parents received approximately
$1,000 (9,000 SEK) per year for each child under 16 years of age.
Although the physical abuse of children appeared relatively
uncommon, public and authorities remained concerned by data indicating
an increase in cases of abuse over the past several years. During the
year, there were 7,235 reported cases of abuse of children under the
age of 15. In addition to 374 reported cases of rape, there were 2,700
reported cases of sexual abuse of children, compared with 2,480
reported cases of child sexual abuse and 327 reported cases of rape in
2001.
The law prohibits parents or other caretakers from abusing children
mentally or physically in any way. Parents, teachers, and other adults
are subject to prosecution if they physically punish a child, including
slapping or spanking. Children have the right to report such abuses to
the police. The usual sentence for such an offense is a fine combined
with counseling and monitoring by social workers. However, if the
situation warrants, authorities may remove children from their homes
and place them in foster care. Foster parents virtually never received
permission to adopt long-term foster children, even in cases where the
biological parents were seen as unfit or seek no contact with the
child. Critics charged that this policy placed the rights of biological
parents over the needs of children for security in permanent family
situations.
The Government allocated funds to private organizations concerned
with children's rights. An NGO, Children's Rights in Society, offered
counseling to troubled youngsters. The Government continued to be
active internationally in efforts to prevent child abuse.
Persons with Disabilities.--The law prohibits discrimination by
employers against persons with disabilities in hiring decisions and
prohibits universities from discriminating against students with
disabilities in making admission decisions. No other specific laws
prohibit discrimination against persons with disabilities, although
considerable efforts were made to ensure that persons with disabilities
enjoy equal opportunities. There is an Ombudsman for Disability Issues.
The Government provides for freedom of access and social support as
basic rights for citizens with disabilities. In January the Government
directed a parliamentary committee to take a broader perspective on the
legislation on discrimination, particularly on how to improve legal
protection against discrimination for persons with disabilities, and
the committee is to present its report in 2004. Regulations for new
buildings require full accessibility, but there is no such requirement
for existing public buildings, with the exception of public authorities
who are obliged to make their facilities accessible. Many buildings and
some public transportation remained inaccessible. Deaf children have
the right to education in sign language. The parents of children with
disabilities and workers with disabilities under the age of 65 receive
financial assistance every 7 years to buy a car adapted to the person's
disability.
Indigenous Persons.--The country counts at least 17,000 Sami
(formerly known as Lapps) in its population (Sami organizations place
that number at 25,000 to 30,000). Since 1993 the Sametinget (Sami
Parliament) has acted as an advisory body to the Government. Sami
issues fall under the Ministry of Agriculture. The Government allocated
funding to the Sametinget for the establishment of a national
information center for Sami issues to be completed by 2004.
In 2000 the Government officially recognized the Sami as a national
minority. However, the Sami continued a struggle for recognition as an
indigenous people; historically, the Government has resisted granting
the Sami such rights. For example, Sami children had no right to
education in their native language until a 1977 law obliged the
Government to grant Sami at least equal treatment. As a result of such
education, northern Sami dialects have enjoyed a renaissance; however,
Sami dialects in the southern portions of traditional Sami lands may
have too few native speakers to survive as living languages.
In 1994 the Government removed from the Sami the right to control
hunting and fishing activities on Sami village lands, permitting
instead completely unlimited hunting and fishing activity on all
government property. Following an initiative from Sami representatives
and landowners, in June the Government allocated approximately $205,000
(1,818,000 SEK) to a joint project between the National Federation of
Forest Owners and the National Union of the Swedish Sami to increase
dialogue and networking.
Some Sami stated that they faced discrimination in housing and
employment on an individual basis, particularly in the southern
mountain regions.
National/Racial/Ethnic Minorities.--Approximately 11 percent of
Sweden's population is foreign born, with the largest groups from
Finland, Iran, and the former Yugoslavia. In 2001 (the latest year for
which statistics were available) there were 2,670 reports of xenophobic
crimes of which 975 were related to neo-Nazism.
Most estimates placed the number of active neo-Nazis--or white
supremacists--at fewer than 3,000, and there appeared to be little
popular support for their activities or sentiments. The Government
investigated and prosecuted race-related crimes, although in many
clashes between Swedish and immigrant youth gangs, authorities judged
both sides to be at fault. Neo-Nazi groups operated legally, but
serious debate in the press continued about outlawing such groups.
Court decisions have held that it is illegal to wear xenophobic symbols
or racist paraphernalia. Rightwing groups were not permitted to display
signs and banners with provocative symbols at their rallies. A march in
Salem on December 7--the second anniversary of the murder of a skinhead
in a Stockholm suburb--attracted approximately 1,200 rightwing
extremists, the largest neo-Nazi march in the country since World War
II. Earlier on the same day, in the same neighborhood anti-racist
activists carried out a counterdemonstration.
The public continued to urge a tougher stance against neo-Nazi
groups. During the year, several demonstrations against violence and
racism were organized throughout the country. The Government supported
volunteer groups that opposed racism and xenophobia and allocated
funding for projects supporting those who have left neo-Nazi and other
racist organizations.
The Ombudsman for ethnic discrimination reported 305 complaints of
ethnic discrimination in the labor market during the year, compared
with 274 such complaints in 2001.
The law recognizes the Sami people, Swedish Finns, Tornedal-Finns,
Roma, and Jews as national minorities. The Government supported and
protected minority languages.
The Prime Minister announced establishment of an independent center
to fight racism and intolerance.
Section 6. Worker Rights
a. The Right of Association.--The law entitles workers to form and
join unions of their choice, and workers exercise this right. The work
force consisted of approximately 4.4 million persons, of which
approximately 85 percent were unionized. Career military personnel,
police officers, and civilian government officials, as well as private
sector workers in both manufacturing and service industries, were
organized. Most business owners belonged to counterpart employer
organizations. Unions and employer organizations operated independently
of the Government and political parties (although the largest
federation of unions has always been linked with the largest political
party, the Social Democrats).
The law protects union officials and members from dismissal or
reprisals for official union activities.
Unions have the right to affiliate with international bodies. Most
unions are affiliated with the International Confederation of Free
Trade Unions and the European Trade Union Confederation among others.
b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right.
Cooperation between management and labor tends to be excellent and
nonconfrontational. Labor and management, each represented by a
national organization by sector (for example, retailers and engineering
industries), negotiate framework agreements every 2 to 3 years. More
detailed company-level agreements put such framework agreements into
effect at the local level. Framework agreements are signed every year
between the parties on the labor market to regulate the wage increase.
Most agreements with labor unions provide for a degree of
individualized pay, including merit bonuses.
The law provides both workers and employers with effective
mechanisms for resolving complaints. The vast majority of complaints
were resolved informally. In some instances, unions demanded collective
agreements regardless of the views and union status of employees. A
government agency, the National Mediation office, mediated labor
disputes to promote an efficient wage formation process.
The law provides for the right to strike, as well as for employers
to organize and to conduct lockouts. Within limits protecting the
public's immediate health and security, public employees also enjoy the
right to strike. The Government generally respected these laws in
practice. During the year, there were 4 legal and 6 illegal strikes
reported, involving approximately 700 employees and 630 workdays.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The law permits full-time employment at age 16 under the
supervision of local authorities. Employees under age 18 may work only
during the daytime and under supervision. Children as young as 13 years
may work part-time or in ``light'' work with parental permission. Union
representatives, police, and public prosecutors effectively enforced
these restrictions.
e. Acceptable Conditions of Work.--There is no national minimum
wage law. Wages are set by collective bargaining contracts every year,
which nonunion establishments usually observe as well. Even the lowest
paid workers were able to maintain a decent standard of living for
themselves and their families through substantial benefits (such as
housing or daycare support) provided by social welfare entitlement
programs.
The legal standard workweek is 40 hours or less. Both the law and
collective bargaining agreements regulate overtime and rest periods.
For workers not covered by a labor agreement, the law stipulates a
limit for overtime at 200 hours per year, although exceptions may be
granted for key employees with union approval; some collective
bargaining agreements put the limit at 150 hours. The law requires a
rest period after 5 hours of work but does not stipulate a minimum
duration; in practice it was usually 30 minutes. The law also requires
a minimum period of 36 hours of rest, preferably on weekends, during a
period of 7 days. The law also provides all employees with a minimum of
5 weeks of paid annual leave; labor contracts often provide more,
particularly for higher ranking private sector employees and older
public service workers. Amendments to the labor law in 2001 permitted
employers with fewer than 10 workers to exempt 2 persons from last-in,
first-out rules when discharging employees.
Occupational health and safety rules are set by a government-
appointed board, the Work Environment Authority, and monitored by
trained union stewards, safety ombudsmen, and, occasionally government
inspectors. These standards were very high, making workplaces both safe
and healthy in general. Safety ombudsmen have the authority to stop
unsafe activity immediately and to call in an inspector. An individual
also has the right to halt work in dangerous situations in order to
consult a supervisor or safety representative without endangering
continued employment.
Unions played an important role in preventing discrimination in the
labor market. A special court dealing only with labor related issues
hears complaints filed by unions against companies regarding acts of
discrimination on the basis of race or gender.
The same minimum terms of employment apply to foreign and Swedish
workers.
f. Trafficking in Persons.--In July a law prohibiting the
trafficking of persons for sexual purposes entered into force; it
provides for sentences of 2 to 10 years in prison for persons convicted
of trafficking. The attempt to traffic and the conspiracy to traffic
were also criminalized. Trafficking was a problem.
The purchase or attempt at purchasing sexual services is illegal.
Law enforcement primarily uses laws against pandering and an offense
called ``placing in distress,'' which can be used in cases where
traffickers lure women from other countries under false pretenses.
Traffickers sentenced for pandering can face up to 6 years in prison,
but most sentences were for 2 to 3 years. During the first 8 months of
the year, the state prosecuted three cases of trafficking for sexual
purposes, compared with five such cases in all of 2001.
Women were trafficked to the country for prostitution and sexual
exploitation. According to the police, the country remained primarily a
trafficking destination and only became a transit nation in 2001.
Trafficked women, numbering 200 to 500 per year, came principally from
Central Europe, the Baltic states, and Russia; those transiting came
primarily from the Baltic region, and the principal destination
countries were Spain, Germany, Denmark, and Norway. There have been
occasional cases of trafficked women from Colombia and Cuba.
The women typically were recruited in their own countries to work
as cleaners, babysitters, or similar employment. Once in Sweden,
victims were isolated and intimidated by traffickers, and worked as
prostitutes in hotels, restaurants, massage parlors, or private
apartments. Some reportedly were ``purchased'' from other traffickers
and brought into Sweden. There were reports that traffickers locked
women up and confiscated their passports. National Criminal
Investigation Department reports indicated that younger women, many of
them minors, were subjected to trafficking.
Trafficked women in general did not receive temporary residence
permits; in some cases they were deported immediately. Victims of
trafficking rarely were detained; however, at times they were held for
a short period prior to deportation by the police or in a camp run by
the Migration Board. The Government allocated funds to NGOs for
providing shelter to victims and rehabilitation.
The Government provided funding to NGOs and international
organizations that combat trafficking worldwide. For example, the
Government provided funds to the Foundation of Women's Forums to combat
trafficking in women in the Nordic and Baltic nations by creating
interactive networks that link NGOs and research institutions that deal
with prevention and the rehabilitation of trafficked women.
----------
SWITZERLAND
Switzerland is a constitutional democracy with a federal structure.
The bicameral Parliament elects the seven members of the ``Federal
Council'' (Swiss cabinet), the highest executive body, whose presidency
rotates annually. Because of the nation's linguistic and religious
diversity, the political system emphasizes local and national political
consensus and grants considerable autonomy to the 26 individual
cantons. Voters approved a new Constitution in 1999 that came into
force in 2000. The judiciary is independent.
The armed forces are a civilian-controlled militia based on
universal military service for able-bodied males. There is virtually no
standing army apart from training cadres and a few essential
headquarters staff. Police duties are primarily a responsibility of the
individual cantons, which have their own police forces that are under
effective civilian control. The National Police Authority has a
coordinating role and relies on the cantons for actual law enforcement.
Police forces committed some human rights abuses.
Switzerland had a highly developed free enterprise, industrial, and
service economy strongly dependent on international trade. The standard
of living of the country's 7.3 million residents was very high.
The Government generally respected the human rights of its
citizens; although there were some problems, the law and judiciary
provide effective means of dealing with individual instances of abuse.
Cantonal police were involved in at least three deaths during the year.
Police occasionally used excessive force, particularly against
foreigners. Violence against women continued to be a problem, although
the Government took steps to address it. Some laws continued to
discriminate against women. There continued to be reports of
discrimination against foreigners. Trafficking in women for
prostitution increased. Switzerland was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of politically motivated killings committed by the Government
or its agents.
During the year, Swiss police were involved in the accidental death
of one elderly person. On April 18, Zurich police ran over Gotthilf
Hunziker, 72-years-old, while maneuvering a car in a car park. The
victim died three weeks later in a hospital. According to the Zurich
City police, the investigation was still pending at year's end.
On October 4, a Zurich police officer shot and killed an armed
thief who had just robbed a local post office. The police officer
involved in the shooting stated that he had to shoot because the thief
was pointing his weapon at him. Police investigators believe the
victim, a 42-year-old Swiss, had already robbed the same post office a
few weeks prior to this incident. The investigation was still pending
at year's end.
On November 26, a Zurich court dropped its criminal charges against
two policemen who were involved in the death of a 32-year-old Yugoslav
car thief. Both policemen fired a shot at the car after the man tried
to run them over. The court stated that both police officers had the
right to use their weapon because their lives were put at great risk.
The U.N. Human Rights Committee cited instances of degrading
treatment in a November 2001 report, and the excessive use of force
during the expulsion of aliens, resulting in deaths on some occasions.
In July 2001, Bern police were videotaped using excessive force to
subdue Cemal Gomec, a Turkish immigrant with mental problems who was
threatening persons who approached him in his apartment with a knife.
He died in a hospital 4 days after being subdued. The Bern forensic
institute found that his death from cardiac arrest was not the sole
result of the beating by police officers but rather a combination of
stress, chronic heart disease, and chemicals used during Gomec's
apprehension, which included sedatives and tear gas. The investigation
remained ongoing at year's end.
In August 2001, two police officers from Basel shot and killed
Michael Hercouet just over the border in France. The unarmed Hercouet
was trying to evade police arrest after stealing a car, and he
allegedly attempted to run over the officers. No charges had been
brought by year's end; the trial is expected to take place in France in
2003.
In November 2001, two Zurich policemen killed an unarmed man after
a search for an alleged car thief. The investigation was pending at
year's end.
During the year, a third policeman involved in the 1999 case of
Khaled Abuzarifeh, another immigrant who died from suffocation while
resisting deportation, died of a heart attack while awaiting a judgment
in the case. Abuzarifa's lawyers said they would sue the Bern canton
for $30,000 (50,000 Swiss francs).
In March 2000, Graubunden police killed Ewald K., a 22-year-old man
who had fired 19 bullets at neighboring buildings using his military
rifle. Although no one was killed, Ewald K. severely injured a
policeman and killed his trained dog. Markus Reinhardt, head of the
Graubunden police, was charged with murder after he ordered elite
policemen to execute Ewald K. after hours of unsuccessful negotiations.
The victim's family sought $34,340 (50,000 Swiss francs) in damages;
however, on February 28 of this year, the cantonal court ruled that the
immediate threat to the population justified the execution order.
In January 2000, a Geneva policeman fired at two French men driving
in a stolen car after they refused to stop. The driver died
immediately, while the passenger was severely injured. The police
officer said he suspected the two victims of a robbery against an
elderly woman. Police investigations later revealed that they did not
participate in the robbery but were involved in several petty thefts.
On September 30, a Geneva appeal court stated that the policeman had no
intention to kill but instead fired to stop the car. The policeman
still faces a fine, which was not yet determined by a district court.
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, police
occasionally used excessive force, particularly against foreigners. In
1999 the Canton of Geneva stated there were 715 reported cases of the
use of force by police, 33 of which resulted in formal complaints. In a
November 2001 report, the U.N. Human Rights Committee cited concern and
called for effective responses to reported instances of police
brutality during arrests and detentions, especially of foreigners.
On March 15, Zurich police trapped Kurt von Allmen against a wall
with their car believing he was a thief. The victim's legs were broken,
and one had to be amputated. An investigation remained ongoing at
year's end.
On April 21, four Zurich police officers allegedly used extreme
violence when arresting Eldar S., a 20-year-old Bosnian, on his way to
a shopping mall. According to the victim, three policemen hit his head
with a stick without warning, pushed him to the floor, handcuffed him
and beat him again. Police authorities have denied these allegations
and allege that the victim refused to surrender; and that there were
only two policemen involved in the case, both of whom were also injured
during the arrest. Two policemen involved were transferred to another
police unit during the year; the investigation remained pending at
year's end. Eldar S. was treated in a clinic for a serious
psychological disorder allegedly resulting from the incident.
On May 1, a police dog bit a 33-year-old man in the face while a
Zurich police officer interrogated him. Another police officer
allegedly beat him while he was handcuffed. An investigation remained
ongoing at year's end.
On August 24, Zurich police shot an unarmed man while pursuing a
burglar. The victim was severely injured in the stomach. After
political parties expressed concern over the shooting, an investigation
began into the incident.
On May 29, the Zurich city council voted to appoint an Ombudsman to
tackle all Human Rights-related complaints. By year's end, 35
complaints were still pending, of which 20 were filed during the year.
On July 11, the Zurich city council set up a special parliamentary
commission to review the functioning of the Zurich police as well as
certain cases of abuses of human rights.
On July 14, a Zurich court found a Zurich policemen guilty of
excessive brutality and abuse of power against a woman he injured with
a stick. The court fined him $347 (500 Swiss francs) and ordered him to
pay for the judicial expenses. The woman asked the court for $8,870
(12,500 Swiss francs) in damages.
On February 1, Zurich police injured two young antiglobalization
protestors by using anti-riot water cannons during the World Economic
Forum in Davos. Doctors said the two plaintiffs suffered severe skin
burns because the police mixed water with chloric acid. Under strict
police regulations, water cannons cannot be used against persons
directly but may only be used to keep protestors at bay. In some cases,
police forces are allowed to mix water with no more than 1 percent tear
gas. The two protesters alleged that the police action was
disproportionate and sued the head of the Zurich cantonal police. The
judgment was pending at year's end.
Prison conditions generally met international standards. Some
nongovernmental organizations (NGOs) claimed that prisons were
overcrowded, but the Government had taken measures to improve prison
conditions and addressed overcrowding by expanding the number of
detention facilities. In 2001 the cantonal government of Jura agreed to
investigate its prison living conditions after the press reported that
prison guards had abused several inmates. Prisoners alleged that,
besides insults and mistreatment, prison guards had encouraged some
prisoners to commit suicide. The Penal Code requires that male and
female prisoners be held separately and that juveniles be held
separately from adults. Pretrial detainees also were held separately
from convicted criminals.
The Government permitted prison visits by independent human rights
observers. In February 2001, a delegation from the Council of Europe's
Committee for the Prevention of Torture (CPT) carried out a routine,
periodic, 10-day visit that included visits to prisons in six cantons.
The Committee stated that Swiss police generally treated inmates
correctly during cross-examination and interrogation. The Committee
also underlined the low amount of police mistreatment and stated that
criticism was primarily a result of excessive use of force during
arrest.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, some NGOs alleged that the
authorities arbitrarily detained asylum seekers (see Section 2.d.).
The cantons are responsible for handling most criminal matters, and
procedures vary from canton to canton. In general a suspect may not be
held longer than 48 hours without a warrant of arrest issued by an
investigative magistrate; however, asylum seekers and foreigners
without valid documents may be held for up to 96 hours without an
arrest warrant. A suspect may be denied legal counsel at the time of
detention but has the right to choose and contact an attorney by the
time an arrest warrant is issued. The State provides free legal
assistance for indigents who may be jailed pending trial.
Investigations generally are prompt; however, in some cases
investigative detention may exceed the length of sentence. Release on
personal recognizance or bail is granted unless the magistrate believes
the person is dangerous or will not appear for trial. Any lengthy
detention is subject to review by higher judicial authorities. During
the year, approximately one-third of all prisoners were in pretrial
detention, and the average length of such detention was 52 days.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.
All courts of first instance are local or cantonal courts. Citizens
have the right to appeal, ultimately to the Supreme Court. Trials
involving minor offenses are heard by a single judge, more serious or
complex cases by a panel of judges, and the most serious cases
(including murder) by a jury.
The 1967 revised Military Penal Code (MPC) requires that all war
crimes or violations of the Geneva Convention be prosecuted and tried
in Switzerland, regardless of where a crime was committed and whether
the defendant was a member of an army or a civilian. Normal civilian
rules of evidence and procedure apply in military trials. The MPC
allows the appeal of any case. The highest level of appeal is to the
Military Supreme Court. In most cases, the accused used defense
attorneys assigned by the courts. Any licensed attorney may serve as a
military defense counselor. Under military law, the Government pays for
defense costs.
The Constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. Trials usually
were expeditious. The Constitution provides for public trials,
including the right to challenge and to present witnesses or evidence.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--Cantonal laws regulate police entry into private
premises. These regulations differ widely from canton to canton, but
all prohibit such practices without a warrant, and all government
authorities generally respected these provisions in practice.
Instances of forced sterilization of women continued to be the
subject of public debate during the year. A debate also was ongoing
about the compensation of those forcibly sterilized in the aftermath of
World War II. There is no comprehensive law against forced
sterilization at the federal level because medical treatment is a
cantonal matter. In 1981 the Swiss Academy for Medical Science decided
that forced sterilization is not permissible if a person is incapable
of understanding the consequences. The Academy strongly discourages the
sterilization of mentally handicapped persons because of what the
Academy called a changed social understanding of the sexuality of the
mentally disabled.
In May 2001, the European Court of Human Rights (ECHR) ruled that
the Government could not allow local tax authorities to force taxpayers
to relinquish previously undisclosed bank account information. The ECHR
ruled that the right for persons to refuse to testify against
themselves applied in 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, and the Government generally
respected this right in practice; however, some municipalities
restricted the public distribution of pamphlets, particularly by
Scientologists (see Section 2.c.). 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.
The authorities legally may restrict these freedoms for groups deemed
to be a threat to the State, but no groups were restricted during the
year. In addition, the Penal Code criminalizes racist or anti-Semitic
expression, whether in public speech or in printed material. The
investigation into the Kosovo-Albanian newspaper Bota Sot for an
alleged violation of antiracism law remained ongoing at year's end.
The press operated independently and was free from government
intervention. The Federal government subsidized the press indirectly by
paying $69 million (100 million Swiss francs) yearly to lower the
postal rates for newspaper distribution. Under the proposed revised
postal ordinance, regional and local publications may see their
subsidies increase from $17.3 million (25 million Swiss francs) to
$25.6 million (37 million Swiss francs).
The nationwide broadcast media were government-funded but had
editorial autonomy. Private and foreign broadcast media operated
freely.
On December 19, the Canton of Geneva dismissed public school
teacher Hani Ramadan, a Muslim cleric, for his controversial remarks
published in the French newspaper Le Monde. In the article, published
in September, Ramadan defended death by stoning for adultery as set out
in Islamic Sharia law. He also spoke out in favor of a religious ban on
AIDS sufferers. Geneva has strict laws separating church and state,
which restrict cantonal employees' ability to express personal views in
an official setting. Geneva officials said their decision was based on
the ``anti-democratic'' nature of his remarks. An investigation into
the affair commissioned by the Geneva authorities found that his role
as a religious representative was incompatible with his status as a
teacher in a public school. The investigation conducted by the former
cantonal prosecutor-general also found that, as a state employee,
Ramadan had violated his obligation to refrain from airing
controversial views. Ramadan, who was suspended from his job in
October, said he would appeal the decision.
In July the Zurich police blocked the NGO Pro PLO Schweiz from
distributing flyers calling for a total ban on Israeli products. The
police said the flyer constituted a violation of the antiracism law
because it contained insults to a foreign state. Pro PLO Schweiz said
it would appeal the decision.
Internet access was available and unrestricted. The Federal Office
for Police provided an Internet monitoring service on its World Wide
Web page in an effort to combat child pornography on the Internet.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice.
There is no official state church; however, all of the cantons
financially support at least one of the three traditional
denominations--Roman Catholic, Old Catholic, or Protestant--with funds
collected through taxation. In all cantons, an individual may choose
not to contribute to church taxes. However, in some cantons, private
companies are unable to avoid payment of the church tax. A religious
organization must register with the Government in order to receive tax-
exempt status. There have been no reports of a religious group applying
for the church taxation status that the traditional three denominations
enjoy.
Groups of foreign origin are free to proselytize; however, foreign
missionaries must obtain a religious worker visa to work in the
country. Requirements include proof that the foreigner would not
displace a citizen from doing the job, that the foreigner would be
financially supported by the host organization, and that the country of
origin of religious workers also grants visas to Swiss religious
workers. Such permits were granted routinely and without any bias
against any particular religion.
Due to increasing concern over certain groups, in 1997 the
Government had asked an advisory commission to examine the Church of
Scientology. The commission's 1998 report concluded that there was no
basis for special monitoring of the Church, since it did not represent
any direct or immediate threat to the security of the country. However,
the report stated that the Church had characteristics of a totalitarian
organization and had its own intelligence network. The commission also
warned of the significant financial burden imposed on Church of
Scientology members and recommended reexamining the issue at a later
date. In December 2000, the Federal Department of Police published a
follow-up report, which concluded that the activities of such groups,
including Scientology, had not altered significantly since the first
report and that their special monitoring therefore was not justified.
The Government no longer specially monitored the Church of Scientology.
In December 2001, the Vaud cantonal court rejected a claim by the
Church of Scientology that it had been constantly discriminated against
by Lausanne authorities, which prevented them from renting a restaurant
and launching an advertising campaign. The court said that the Church
of Scientology could not be considered a real church because its
services had no religious connection. As a result, the court said
religious discrimination did not apply. The Lausanne Treaty interpreted
the court ruling as affirming the primarily commercial nature of the
Church of Scientology. The Church did not appeal the court decision.
In February 2001, the ECHR upheld the Canton of Geneva's legal
prohibition of a Muslim primary school teacher from wearing a headscarf
in the classroom. The Court ruled that the Geneva regulations do not
violate the articles on religious freedom and nondiscrimination of the
European Convention on Human Rights. The Court found that the legal
provisions did not discriminate against the religious convictions of
the complainant, but were meant to protect the rights of other subjects
as well as the public order.
According to the 2001 Swiss National Security Report, as of
December 2001, there had been 183 cases brought to court under the 1995
antiracism law, with 83 convictions. Of those, 43 persons were
convicted for racist oral or written slurs, 19 for anti-Semitism, 17
for revisionism, and 4 for other reasons. Government officials,
including former President Leuenberger, have spoken frequently and
publicly against anti-Semitism.
On May 22, a Vevey district court sentenced three revisionists--
Gaston-Armand Amaudruz, Philippe Greorges Brennenstuhl and Rene-Louis
Berclaz--to prison terms of 3 and, in Berclaz's case, 8 months for
racial discrimination. All men were found guilty of writing and
distributing two books that outlined their revisionist and anti-Semitic
views to the general public. Only Brennenstuhl was present at the court
ruling. He declined to answer the court's questions and built his case
on the constitutional right to free speech.
On June 19, the Islamic Center of Geneva, filed criminal charges
with the cantonal prosecutor's office against Italian journalist Oriana
Fallaci, author of the book Rage and Pride. The plaintiffs alleged that
some of the book's remarks on the Muslim community violated
Switzerland's anti-racism legislation and asked for the book to be
seized and taken off bookstore shelves. The plaintiffs also cited
specific passages in the book that they believed falsely characterized
and offended persons of Muslim faith.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights for citizens, and the Government generally respected them in
practice. However, noncitizens convicted of crimes may receive
sentences that include denial of reentry for a specific period
following the completion of a prison sentence.
The law contains provisions 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, of which the country was a
co-drafter. The Government cooperated with the office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees. The Government provides first asylum. The Federal
Office for Refugees estimated the total number of asylum applicants and
temporary residents living in the country during 2002, at 93,741, an
increase of 0.4 percent from 93,363 in 2001. (This number included
recognized refugees and persons granted temporary asylum, as well as
persons who had a first asylum application pending, had appealed a
rejection, or were awaiting repatriation.) Applications for asylum
increased by 26.6 percent, from 20,633 in 2001 to 26,125 during the
year. During November 2,279 people filed an asylum request, totaling
19,015 since the beginning of the year. The number of asylum requests
in November was higher than during November 2001, when 2,060 asylum
seekers filed a request. Refugees whose applications are rejected are
allowed to stay temporarily if their home country is experiencing war
or insurrection. The Government denied having forced persons to return
to countries where they had a well-founded fear of persecution and
insisted that each case be examined carefully; however, NGOs, including
the well-known NGO Eyes Open, accused the Government of expelling
rejected asylum seekers in some cases when conditions in their native
countries remained unfavorable.
The 1999 asylum law provides for the collective admission of
victims of violence and authorizes the Federal Council to grant them
temporary protective status. It also simplifies and accelerates the
process of applying for asylum. At the same time, the law is designed
to curtail the misuse of asylum regulations and enable the more rapid
repatriation of uncooperative refugees or those who enter the country
without identity papers. The Government may refuse to process the
application of an asylum seeker who is unable to credibly justify a
lack of identity papers. In such a case, the applicant must submit an
appeal to reactivate consideration of the application within 24 hours.
NGOs contended that such a short time period did not constitute an
effective remedy and therefore violated the European Convention on
Human Rights.
In a national referendum on November 24, the Swiss electorate
rejected, by a narrow margin of 50.1 percent of the vote, the
nationalist Swiss People's Party's (SPP) popular initiative ``Against
Abuse of the Right to Asylum,'' which effectively would have closed the
door to the overwhelming majority of asylum applicants seeking refuge
in the country. The SPP proposal was defeated by a margin of 3,422
votes out of a total of 2.2 million ballots cast. Although the Swiss-
French cantons and Ticino turned out against it, the initiative carried
a majority of cantons, which reflected the deep-rooted popular unease
with current immigration and asylum policies. Voter turnout was just
under 47 percent. The results were only provisional, and it was
expected to take between 6 to 8 weeks for them to be confirmed. The
Federal Chancellery had announced that a margin of error between 2,000
and 10,000 votes was not unusual for the provisional results released
on election day; therefore the verdict may still be overturned.
The Government initially offered material and financial aid worth
$50.5 million (86 million Swiss francs) to Kosovar refugees leaving the
country voluntarily. Some 33,000 Kosovars accepted this offer, which
ended in May 2000. The Federal government granted a delay in departure
in 1,962 cases that involved individual hardship (including families
with children in school, members of ethnic minorities, the elderly, the
sick, single mothers, and pregnant women).
The Government agreed to slow the flow of repatriations during the
winter of 2000-01 after former U.N. Special Representative to Kosovo
Bernard Kouchner claimed that some areas of Kosovo were then unsafe.
Approximately 740 Kosovars nevertheless were repatriated during the
year. In mid-August, the Federal Department for Refugees initiated
voluntary repatriations for Macedonians.
Determining that the situation in the southern part of Sri Lanka
was safe, the Federal Office of Refugees announced in August 2001 that
it would proceed with the repatriation of 130,000 Sri Lankan refugees.
Government representatives claimed that they carried out an ongoing
review of the situation in Sri Lanka and that refugees would be
repatriated to Colombo but mandated that no returns would take place in
the eastern and northern parts of the country, where conflicts
persisted. The refugee office also announced that women, minors,
elderly, and persons with disabilities might qualify for temporary
residence permits. The NGO Swiss Association for Refugees stated that
it regretted the decision and feared some refugees would be sent back
to areas in which war was ongoing. Lump sums of $588 (1,000 Swiss
francs) for adults and $290 (500 Swiss francs) for minors were paid to
facilitate the refugees' return to Sri Lanka, in addition to airfare.
In October federal authorities rejected the asylum applications of
dozens of Roma from Romania who arrived in the country during the year.
Roma asylum applications increased from 33 in 2001 to 968 in 2002. On
October 9 and 10, the authorities deported 211 Roma to Romania.
In 2000 the umbrella organization of NGOs concerned with aiding
refugees, Swiss Aid to Refugees, criticized the Federal government for
some forced repatriations of Kosovo refugees that they termed
excessively harsh and inhuman. Eyes Open criticized Zurich cantonal
police practices in the compulsory repatriations of failed asylum
seekers (see Section 1.c.). The group noted the excessive use of hand
and leg restraints in the return of Congolese asylum seekers in August
2001.
On April 11, the Swiss Cantonal Conference of Police Directors
presented a series of measures aimed at banning facial-gags as well as
excessive use of force and techniques that limit breathing during
forced repatriations. The move came after the death in 1999 of a 27-
year-old Palestinian asylum seeker, Khaled Abuzarifa, who suffocated
after being bound and gagged by his police escort at Zurich airport and
caused much criticism from international human rights groups (see
Section 1.a.). Of the 8,551 repatriations in 2001, 99 involved forced
deportations.
Some human rights NGOs charged the authorities with abuses in
connection with the implementation of a 1995 amendment to the Law on
Foreigners. The amendment is aimed at asylum seekers or foreigners who
live illegally in the country and who are suspected of disturbing the
public order or avoiding repatriation. In particular these groups
alleged instances of abuse by police, including arbitrary detention as
well as denial of access to established asylum procedures at the
country's two main airports. They also charged that police officers
used the law to detain or harass asylum seekers who were not suspected
of having disturbed public order. Under the law, police actions are
subject to judicial oversight, and the Federal Court overturned many
cases in which it believed that there was insufficient regard for the
rights of asylum seekers and foreigners. While NGOs claimed that the
situation with regard to arbitrary detention has improved, they
contended that the denial of access to asylum procedures at the two
airports remained a problem. NGOs also acknowledged that asylum seekers
had better access to legal counseling at the airport, but not to legal
representation. Without legal representation, would-be asylum seekers
often were unable to appeal a rejection of their asylum request within
the 24-hour time limit.
In September 2001, in what police claimed was a last attempt to
avoid a scheduled repatriation to France a week later, a 30-year-old
Algerian national allegedly hung himself in his cell in Chur. The
Graubunden cantonal police denied any involvement in the death and said
the man hung himself with a self-made rope of fabric. The refugee
reportedly already had resisted two other attempts to deport him at
both Geneva and Zurich airports. An investigation found that prison
authorities were not responsible for his death.
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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Initiative and referendum procedures provide
unusually intense popular involvement in the legislative process. A new
Constitution took effect in January 2000.
According to the Federal Office of Statistics, the proportion of
women in cantonal government after the 1996 and 2000 elections
decreased from 19.8 percent to 18.5 percent. There were 55 women in the
246-seat Parliament. Women held 2 of 7 seats in the Federal Council
(Cabinet), approximately one-fourth of the seats in the cantonal
government executive bodies, and one-fifth of the seats in the communal
executive bodies. In 1999 the electorate overwhelmingly rejected a
popular initiative to mandate equal gender representation in all
federal institutions. Quotas existed at the Federal level and ensured
that males or females were not underrepresented in extraparliamentary
commissions; the minimum level of representation for women was 30
percent.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A large number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution and laws prohibit discrimination on the basis of
race, sex, language, or social status, and the Government generally
enforced these prohibitions effectively, although some laws tend to
discriminate against women. The Constitution includes provisions for
equal rights for persons with disabilities and for minorities.
Women.--Violence against women was a problem. According to a 1997
government-funded study on domestic violence, one-fifth of all women
suffered at least once in their lifetimes from physical or sexual
violence, and approximately 40 percent suffered from psychological or
verbal abuse. A 1998 study estimated that over 100,000 cases of
domestic violence occurred each year. The law prohibits domestic
violence but does not differentiate between acts of violence committed
against men and women.
Spousal rape is a crime. The difficulty in gathering information
about the number of persons prosecuted, convicted, or otherwise
punished for spousal abuse stems in part from the fact that legal cases
are handled by each canton, and data often are not up-to-date. However,
some cantonal or district police forces have specially trained units to
deal with violence against women. A total of 387 men were prosecuted
for 454 rape offenses involving 434 victims during 2001, an increase of
12.4 percent over 2000.
Victims of domestic violence may obtain help, counseling, and legal
assistance from specialized government and NGO agencies or from nearly
a dozen hot lines sponsored privately or by local, cantonal, and
national authorities. A total of 845 women and 902 children took refuge
in 16 women's shelters across the country during 2001. Those in charge
of the shelters estimated that nearly as many women were denied access
due to a lack of space and limited funding. The Federation of Women's
Organizations and numerous other women's NGOs continued their
activities to heighten public awareness of the problem of violence
against women.
According to a recent study by the Swiss National Foundation, one
out of five women in Switzerland are likely to suffer from domestic
violence. Violent husbands can be jailed up to a maximum of 24 hours,
but experts recognized clear rules were lacking. Parliament was
debating the issue at year's end.
Prostitution is legal for Swiss citizens if the practitioners are
registered with police and comply with taxation and other cantonal
requirements; prostitution by foreigners is illegal. The Penal Code
criminalizes sexual exploitation and trafficking in women; however,
trafficking in women remained a problem (see Section 6.f.).
Sexual harassment in the workplace was a problem. The law includes
provisions aimed at eliminating sexual harassment and facilitating
access to legal remedies for those who claim discrimination or
harassment in the workplace. Although the Constitution prohibits all
types of discrimination, and the law provides for equal rights, equal
treatment, and equivalent wages for men and women, some laws continued
to discriminate against women. A federal marriage law provides that in
the event of a divorce, assets accumulated during the marriage will be
divided equally; however, the Supreme Court ruled that the primary wage
earner must be left with sufficient income to remain above the poverty
level. Since the man was the primary wage earner in most marriages,
when the income was too low to support both parties, it was usually the
wife (and children) who was forced to survive on public assistance.
Statistics from 1999 showed that nearly 70 percent of women who did not
work outside the home while married fell below the poverty line
immediately after a divorce. Although mandated by a constitutional
amendment in 1945, no federal law on maternity insurance exists.
Immigrant women who marry Swiss husbands but live in Switzerland
for less than 5 years risk deportation if they divorce their spouse.
The 5-year residency requirement may be reduced to 3 years under
exceptional circumstances. NGOs argued that this prevented women with
marital problems from being able to seek help or leave their husbands
without serious consequences.
Varying police practices in different cantons sometimes took into
consideration such factors as the country of origin, education, and
income levels of the immigrant women. Their registered purpose for
being in the country was to stay with spouse until they received their
own long-term residency permits.
The law includes a general prohibition on gender-based
discrimination and incorporates the principle of equal wages for equal
work; however, professional differences between men and women were
evident. Women less often occupied jobs with significant
responsibilities, and women's professional stature overall was lower
than men's. A 2000 study found that discriminatory behavior by
employers accounted for 60 percent of the overall wage gap between men
and women. The study, which compared wages for women and men in the
private sector from 1994 to 1996, found that wages were on average 21.5
percent lower for women than for men with identical jobs and levels of
education. Individual cases of denial of equal pay for equal work were
subject to the law. Women also were promoted less than men. In 1998 the
latest year for which data was available, 25.3 percent of women between
the ages of 15 and 61 were not in the work force, compared with 10
percent for men, and women held 82 percent of all part-time jobs. Only
38 percent of women held managerial positions compared with 56.9
percent of men.
The law prohibits women from working during the 8 weeks after the
birth of a child. Further measures also protect pregnant and breast-
feeding women. For example, pregnant women are not allowed to work
night shifts during the 8 weeks prior to giving birth. The law does not
provide for compensation; however, 72 percent of working women have
negotiated maternity benefits with their employers. In July 2000, the
Government submitted to Parliament a new draft in favor of aligning
Swiss maternity leave to European Union standards. It called for 14
weeks of paid maternity leave and asked employers for full pay during
the first 8 weeks in order to be consistent with the law prohibiting
women from working in the first 8 weeks after birth. The Council of
States, the upper house of Parliament, followed the lead of the Federal
Council in December 2000 and required the Federal government to develop
a new maternity benefits plan in line with the July 2000 proposal.
Women in the Canton of Geneva were provided paid maternity leave. The
law provided for 16 weeks of leave following a birth at 80 percent of
salary for all women who had previously worked in the canton for a
minimum of 3 months.
The Federal Office for Equality Between Women and Men and the
Federal Commission on Women work to eliminate all forms of direct and
indirect discrimination. In 1999 a federal level interdepartmental
working group issued an action plan to improve the situation of women
following the country's commitments at the 1995 U.N. Convention on the
Elimination of all Forms of Discrimination Against Women. The plan
includes measures that address poverty, decision-making, education,
health, violence against women, the economy, human rights, the media,
and the environment. For example, the plan calls for financial support
for childcare facilities at colleges and universities to enable a
larger number of women to obtain a higher education; continued
education and support for specialists in the area of addiction
prevention for women; and ongoing analysis and data collection on the
issue of wage differences between men and women. To achieve its
mission, the Federal Office for Equality Between Men and Women
increased its allocated budget for the year to $4.4 million (6.36
million Swiss francs), compared with $3.83 million (5.54 million Swiss
francs) in 2000; the office employed 14 persons. In November the
Federal Council approved a progress report to Parliament on the
implementation of the 1999 action plan by the federal authorities. The
report concluded that most measures of the action plan had been
implemented but that further action was necessary to make gender
equality a guiding principle of all activities of the federal
administration. The report noted that most progress had been made in
the areas of higher education and the economy, where concrete projects
to promote equal opportunities such as incentive programs and day-care
centers had been implemented.
Many cantons and some large cities have equality services mandated
to handle gender issues. More than half of the cantons have an office
in charge of promoting equality, but funding and personnel levels
remained uneven. The majority of the cantons had commissions that
reported to the cantonal government.
Children.--The Government has no special programs for children, and
there is no special governmental office for children's matters;
however, the Government was strongly committed to children's rights and
welfare. It amply funded a system of public education and need-based
subsidies of health insurance. Education was free and compulsory for 9
years, from age 6 or 7 through age 16 or 17, depending on the canton.
Some cantons offered a 10th school year. Almost all children attended
school. The Government subsidized the health insurance premiums of low-
income families.
There was no societal pattern of abuse of children, although it did
occur. The federal and cantonal governments, as well as approximately
80 NGOs that defend children's rights, have devoted considerable
attention in the last few years to child abuse, especially sexual
abuse. For convicted child sexual abusers, the law provides for
imprisonment of up to 15 years. On October 1, new regulations of the
statute of limitations for all crimes went into effect. For cases of
child abuse, the statute of limitations has been extended to 15 years.
In cases of severe sexual abuse, the statute does not take effect
before the victim turns 25. If a court of first instance hands down a
sentence before the stipulated time, the statute of limitations is
suspended indefinitely.
During the year, the Swiss police participated in large
antipedophile operations involving several countries. Police
authorities from all over the country investigated more than 800
premises, questioned as many individuals, and confiscated more than
1,000 personal computers and more than 16,000 data carriers.
To combat child pornography on the Internet, the Federal Office for
Police provided an Internet monitoring service on its World Wide Web
page. Individuals who find pornographic material involving children
were asked to contact the Federal Office via e-mail. The production,
possession, distribution, or showing of hard pornography are crimes
punishable with fines or prison sentences. Any pornography involving
children falls into this category. In March 1999, an NGO published the
first compilation of cases of child pornography and prostitution in the
country. The study cited 60 cases: Most of the victims were girls
between 13 and 17 years of age.
With respect to the prosecution of child sexual abuse abroad, the
law provides for prosecution in Switzerland only if the act is
considered a crime in the country in which it took place. However, as
part of the ongoing revision of the Penal Code, Parliament in December
adopted a clause making such acts punishable regardless of where the
crime took place. The bill is still subject to the constitutional
referendum period and is expected to come into force before 2004.
In July the Government signed a mutual legal assistance treaty in
criminal matters with the Philippines that allows Philippine victims of
Swiss pedophiles to give anonymous tips to Swiss authorities. The MLAT
provides for the voluntary exchange of information short of a legal
assistance request as well as the questioning of witnesses and experts
by videoconference.
Children of migrant seasonal workers are not permitted
automatically to join their parents. Children of foreigners working as
migrant laborers only are permitted to visit on tourist visas for a
period of 3 months at a time. After 3 months, they must return to their
home country for 1 month.
Persons with Disabilities.--The law prohibits discrimination
directed at persons with disabilities in employment, education, and the
provision of other state services. The total number of persons with
disabilities was estimated to be 700,000 (10 percent of the
population). Most cantons already had implemented some provisions for
persons with disabilities, but there was no countrywide standard.
Advocates for persons with disabilities have called for new measures to
ensure greater protection for their rights. The Constitution provides
for equal opportunities for persons with disabilities. However, only
approximately 3 percent of public buildings were accessible for
wheelchair use.
An initiative called Equal Rights for People with Disabilities was
launched in 1999 that would change the law and grant all persons with
disabilities access to all public facilities and services, to the
extent that the costs were within government means. Claiming that the
financial consequences of the proposed change in law would have a
negative impact on the economy, the Federal Council submitted an
alternative draft law in December 2000. In September and November,
respectively, the two houses of parliament rejected the bill. However,
parliamentary debate of the Federal Council's alternative draft law
continued at year's end. Neither the Government nor the Constitution
mandates that buildings or transportation facilities be made
accessible, and advocates for persons with disabilities have called for
easier access to buildings and public transportation. Under the Federal
Council's draft law, public services would have to be made accessible
over a period of 20 years. Opponents of this proposal claimed that the
transition period would be far too long and urged that private
premises, such as multiple-level housing, should also be required to
implement the changes. Under the proposal, the Government would finance
part of the costs to make public transportation facilities accessible
but only up to a maximum of $180 million (300 million Swiss francs). By
some estimates, implementation costs could reach $19 to $28 million (31
to 47 million Swiss francs) per year. In June Parliament approved the
Government's financing plan.
National/Racial/Ethnic Minorities.--According to statistics
gathered by an NGO, the Foundation Against Racism and Anti-Semitism, 76
reported incidents were directed against foreigners or minorities in
the first 8 months of the year, compared with 82 during the same period
in 2000. The total number of reported incidents in 2000 was 109. These
figures include instances of verbal and written attacks, which are much
more common than physical assaults. Investigations of such attacks
generally are conducted effectively and lead, in most cases, to the
arrest of the persons responsible. Persons convicted of racist crimes
commonly are sentenced to between 3 days' and 3 years' imprisonment and
a fine of up to $27,000 (40,000 Swiss francs). In 2000 and 2001,
approximately 40 persons were convicted of racial discrimination.
The Federal Service for the Combating of Racism of the Department
of the Interior, established in 2001, started operation in January. It
manages the Federal government's ``Fund Projects against Racism and for
Human Rights'' that has a budget of $10 million (15 million Swiss
francs) for the 2001-2005 period. The amount of $335,000 (500,000 Swiss
francs) per year have been earmarked for the establishment of new local
consultation centers where victims of racial or religious
discrimination may seek assistance. Approximately 130 consultation
centers or contact points existed in the country. In addition, the
Federal Service for the Combating of Racism sponsored a variety of
educational and awareness-building projects to combat racism,
xenophobia, and anti-Semitism. Over $680,000 (1 million Swiss francs)
was spent to support youth projects.
Neo-Nazi, skinhead, and other extremist organizations attracted
greater police and government attention during the year because of such
groups' increasing organization at international levels, the violence
such groups commit, and the youth of the group members. In June 2001,
the Federal Council granted $2.3 million (4 million Swiss francs) to
the National Science Foundation to undertake research on rightwing
extremist groups. The country's central European location makes it a
convenient meeting place for groups from around the continent, and
police frequently monitored large gatherings of neo-Nazis and
skinheads, such as parties and concerts. During the year, the Federal
Police estimated that that the number of members involved in right-wing
extremist groups was approximately 1,000, an increase from 900 in 2000.
The number of incidents involving ``skin-heads'' decreased slightly
during the year, with approximately 100 reported attacks,
demonstrations, and gatherings; however, these incidents involved more
violence and were more frequently directed against individuals rather
than property. In August 2000, a small gang of ``skinheads'' assaulted
and injured two black men in the city of St. Gallen. The attack caused
a large brawl involving more than 50 ``skinheads'' and 80 members of
St. Gallen's black community. On March 21, the St. Gallen district
sentenced the extremist gang leader and a gang member to prison
sentences of 6 and 3 months respectively.
During the year, meetings of skinheads continued to occur. In April
approximately 150 skinheads assembled at a rock concert in Nussbaumen.
The group's members came from various Swiss cantons and also from
Southern Germany. In August approximately 1,000 mostly Swiss and German
right-wing extremists gathered for a weekend in Affoltern am Albis, on
the outskirts of Zurich. Police monitored the event and checked
participants but did not intervene.
According to the Director of the Federal Commission against Racism,
many extremist groups strive to create political parties to have more
political influence. One such party, the Party of Nationality-Oriented
Swiss, was founded in canton Basel Country. Under the Constitution,
such political parties have a legal right to voice their opinions as
long as they are not linked to criminal activity.
The Government and private organizations have invested considerable
resources to combat such groups and stem their growth.
In a highly publicized case, in January 2001, 19-year-old Marcel
von Allmen from the Interlaken town of Unterseen was killed by neo-
Nazis with whom he was associated. Von Allmen was active among neo-
Nazis, but in the prior few months had attempted to separate himself
from them. Four of his companions (all between 17 and 22 years of age)
admitted to killing von Allmen and disposing of his corpse in Thun
Lake. The Thun investigative magistrate was investigating the case at
year's end. The three adult defendants, who had to undergo psychiatric
evaluations, are scheduled to be tried by the Interlaken district court
in 2003. The fourth defendant was tried as a juvenile; he is required
to undergo a psychiatric and educational program at a minimum for 2
years, and at a maximum until his 26th birthday.
Federal penal law prohibits racial discrimination, and police have
used this law to monitor and close such web sites. In February the
Government mandated the Federal Office of Police to set up a new
national coordination center to monitor Internet crime. The program is
to include the monitoring of hacking, child pornography, economic crime
and racism.
Swiss Roma groups who claimed that they were victims of racial
prejudice received assistance during the year from the Department of
the Interior. Roma complaints included their exclusion from more
camping sites, which do not allow or which limit the number of Roma
allowed on the site. The Department continued its $90,000 (150,000
Swiss francs) annual endowment program to Future for Swiss Itinerants,
a foundation that worked to improve living conditions of the Roma.
The foundation attempted to raise public awareness of the Roma and
lobbied cantonal governments on their behalf to provide sufficient
grounds for their camps. During the year, the Foundation organized an
exhibit in the context of the national exhibition Expo.02 and in
November organized a conference for representatives of federal and
cantonal authorities on the issue of non-Swiss Roma passing through the
country.
Cantons have discretion regarding the naturalization of foreigners.
In March 2000, the voters of Emmen, a small township in the Canton of
Lucern, voted on local foreign residents' applications for citizenship.
The voters rejected 48 applicants, almost all from southeast Europe,
while approving eight Italians' citizenship bids. The Federal Council
determined that it should examine the process. The Emmen vote caused a
national uproar and prompted several motions in Parliament. The
critical reactions of other cantons and the response of the Federal
Council in examining the Emmen vote prompted a debate regarding the
extent to which the naturalization regulations of a particular township
may be reviewed. In June Emmen held another vote on the applications of
13 foreigners for citizenship. All 13 were accepted, including 5 from
the Balkans. However, in September a popular vote denied citizenship to
10 Turks living in Schwyz. The vote was the fourth rejection of
citizenship applications for some applicants.
In April 2001, the Zurich district prosecutor's office opened an
investigation of the Kosovo-Albanian newspaper Bota Sot for alleged
violation of the antiracism law. The newspaper, which has an editorial
office in Zurich, allegedly used racist and inflammatory language when
referring to Serbs in Kosovo and Macedonians in Macedonia. The
publisher of Bota Sot, Xhevdet Mazrekaj, denied the accusations.
Victims of racial discrimination may appeal a national court ruling
to the ECHR. Cases first must be litigated in national courts, but they
may be appealed to the United Nations. Citizens have the choice of
appealing to either the U.N. committee or the ECHR but may not appeal a
U.N. decision to the ECHR or vice versa. Both are mutually exclusive
and cannot overrule the other's decisions.
Section 6. Worker Rights
a. The Right of Association.--All workers, including foreigners,
have the freedom to associate freely, to join unions of their choice,
and to select their own representatives, and workers exercised these
rights in practice. Approximately one-quarter of the work force was
unionized. Unions are independent of the Government and political
parties.
The law protects workers from acts of antiunion discrimination, and
the Government generally respected this provision in practice.
Unions associate freely with international organizations.
b. The Right to Organize and Bargain Collectively.--The
Constitution provides for the right to organize and bargain
collectively, and unions exercised this right. Periodic negotiations
between employer and worker organizations determine wages and settle
other labor issues at the local, or infrequently, at the industry
sector level.
Nonunion firms generally adopt the terms and conditions fixed in
the unions' collective bargaining. However, the Swiss Federation of
Trade Unions reported that employers were increasingly trying to avoid
collective bargaining. Some employers left their Federation in order to
avoid the collective agreement for their industry. For example, only 37
of the 270 Swiss textile employers adhered to the collective agreement
in 2000.
Labor appeal courts existed at both the cantonal and district
levels.
On January 1, the 2000 Federal Act on Public Servants took effect
and removed a long-standing prohibition on the right to strike by
employees of the Federal government and state-owned bodies, such as the
railways and the postal service. Under this Act, the Government may
curtail or suspend the right to strike for certain categories of
government employees only for reasons of national security,
safeguarding national foreign policy interests, or providing the
population with essential goods and services. The Federal Act on Public
Servants only applies at the federal level. In some cantons and many
communes public servants were still denied the right to strike.
The 2000 revised Constitution provides specific protection for the
right to strike; however, effective and informal agreement between
unions and employers have resulted in fewer than 10 strikes per year
since 1975. In 2001 there were only 3 days of striking on record. Swiss
law prohibits retribution against strikers or their leaders.
On November 4, several thousand construction workers participated
in the largest strike in 55 years demanding a lower, voluntary
retirement age.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
implicitly bans forced or bonded labor. Article 27 provides for
economic freedom and explicitly guarantees the right to choose freely
one's profession as well as unrestrained access to and unencumbered
exercise of a gainful occupation. The Government prohibits forced or
bonded labor by children which is explicitly forbidden under Article 30
of the 1964 Labor Act. There were no reports that such practices
occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for the full-time employment of children
is 15 years, and children generally remained in school until this age.
Children over 13 years of age may be employed in light duties for not
more than 9 hours per week during the school year and 15 hours
otherwise. The employment of youths between the ages of 15 and 20 was
regulated strictly; they were not allowed to work at night, on Sundays,
or in hazardous or dangerous conditions. The State Secretariat for
Economic Affairs effectively enforced the law on working conditions.
Government officials inspected companies that allegedly employ children
illegally after receiving complaints. During the year, no employers
were fined or received conditional sentences for violations of the law.
e. Acceptable Conditions of Work.--Government regulations cover
maximum work hours, minimum length of holidays, sick leave and
compulsory military service, contract termination, and other
requirements. However, there was no national minimum wage, which
resulted in low wage structures for unskilled and service industry
workers. Employees in the retail sectors, in cooperation with other
interests, have been successful in slowing reform of the restrictive
federal and cantonal laws governing opening hours; however, these
restrictions were easing at year's end.
The law sets a maximum 45-hour workweek for blue- and white-collar
workers in industry, services, and retail trades, and a 50-hour
workweek for all other workers. The law prescribes a rest period of 35
consecutive hours plus an additional half day per week. Annual overtime
is limited by law to 170 hours for those working 45 hours per week and
to 140 hours for those working 50 hours per week.
The Labor Act and the Federal Code of Obligations contain extensive
regulations to protect worker health and safety. There were no reports
of lapses in the enforcement of these regulations, but the degree to
which enforcement is effective was unclear. A 1998 law was designed to
increase flexibility in the workplace and remove restrictions on women
working at night. Workers had the right to remove themselves from work
situations that endanger health or safety without jeopardy to their
continued employment.
The law generally protects legal and illegal foreign workers;
however, the law was not always respected in practice. Illegal foreign
workers were not covered by mandatory health insurance in case of
illness or accident. Wage discrimination against foreign workers was
not permitted. According to an NGO, 100,000 to 300,000 foreign workers
were vulnerable to abuse of their rights during their participation in
the underground economy for long periods. Late in the year, many of
these workers demonstrated for legal status and more worker rights by
occupying churches in major cities for several days in cooperation with
religious and human rights groups.
In June 2001, the Minister of Justice criticized many cantons for
tolerating the use of illegal aliens, who earned substandard wages
without protection and proposed improved worker legislation.
f. Trafficking in Persons.--The Penal Code criminalizes sexual
exploitation and trafficking in persons; however, trafficking in women
for prostitution increased.
Trafficking in persons may result in prison sentence of up to 20
years; coercing a person into prostitution or restricting a
prostitute's personal freedom can carry a sentence of up to 10 years in
prison.
On April 29, the Federal Court decided that hiring young women, who
come from abroad, to engage in prostitution in Switzerland by taking
advantage of their difficult situation, generally constitutes human
trafficking. In particular, the Federal Court ruled that a woman's
consent to prostitute herself was invalid, if it was obtained in a
situation of distress. (The charge of human trafficking only applies if
the victims engage in prostitution against their will.) Under the new
ruling, the charge still applies even if on the face of it the women
were prostituting themselves voluntarily but their traffickers
exploited a situation of distress or dependency.
On November 26, the Federal Court upheld a ruling of a Zurich
cantonal court, which in January 2001 sentenced a Thai woman to 4 \1/2\
years in prison and a $7,200 fine (10,000 Swiss francs) after she was
found guilty of human trafficking. Between 1993 and 1998, the woman
assisted a total of 39 Thai women to enter prostitution in Switzerland.
The victims were forced to work up to 17 hours a day and reimburse
$8,000 (12,000 Swiss francs) for the travel expenses. The Federal Court
deemed irrelevant that the trafficked women had formally consented to
engage in prostitution given their precarious economic situation in
Thailand. The Federal Court dropped some lesser charges and sent the
case back before the Zurich cantonal court for review.
The prosecution of illegal prostitution and trafficking of persons
normally falls under the jurisdiction of cantonal police authorities.
However, since 2001, more complex cases that involve several cantons or
are linked to organized crime are under the authority of the federal
agencies to investigate and prosecute.
The Federal Council in 2000 charged the Federal Department of
Justice and Police with setting up an interdepartmental working group
to assess the need for additional government action, namely new legal
provisions, to combat human trafficking. In its final report released
during the year, the working group conjectured that there were
approximately 3,000 cases of human trafficking every year from Eastern
Europe alone, but only about 30 cases (1 percent) were reported to the
police, leading to fewer than 5 convictions per year. The main reason
given for this discrepancy was the restrictive immigration policy which
undermined the effectiveness of the Penal Code and the Victim's
Assistance Law. Current immigration legislation, which criminalizes the
victims of human trafficking (because they reside or work illegally in
the country) and normally leads to their rapid deportation upon
detection, serves as a disincentive for victims to turn against their
traffickers. The report made several recommendations on how to combat
human trafficking: Broaden the definition of human trafficking in the
Penal Code to include exploitation of labor force and organ snatching;
run awareness campaigns both in Switzerland and the countries of
origin, grant (temporary) residency to victims of human trafficking,
and improve local cooperation among the police, judicial authorities
and victim assistance centers. The Federal Council tasked the
departments concerned to assess these proposals and to make
recommendations as to their implementation.
Since 1905 the Government has had an office to combat the
trafficking of young women for the purpose of commercial sexual
exploitation. The human trafficking office existed as part of the
Federal Office of Police (BAP) until the latter's reorganization in
2000. Since then, two separate BAP divisions handle trafficking
problems in the broader context of organized crime: the Federal
Criminal Police handles international cooperation and investigations of
organized crime, including human trafficking, and the Service for
Analysis and Prevention (DAP) does strategic analyses of information.
In order to confront modern forms of trafficking in women,
especially via the Internet, the Federal Police have increased the
number of their agents since 1999. In October 2001, the Justice
Ministry established within the Federal Department of Police a Central
Coordination Office for Human Trade and Human Smuggling to better
coordinate activities to fight illegal migration, which will start
operations at the beginning of 2003. The investigation, enforcement,
and prosecution of individual trafficking and related cases was the
responsibility of the cantonal police authorities. The federal human
trafficking office also supported the cantonal prosecution authorities
with information concerning trafficking abroad. However, since 2001,
more complex cases that involved several cantons or were linked to
organized crime were under the authority of the federal agencies to
investigate and prosecute.
The Government has institutionalized an exchange of information on
trafficking in persons with NGOs. The Department of Foreign Affairs
(DFA) helps fund programs intended to combat trafficking from Eastern
Europe, having spent approximately $193,416 (120,000 Swiss francs) on
anti-human trafficking programs during the year. In addition, DFA's
Development Cooperation Office (DEZA) funded half a dozen programs
intended to combat human trafficking mainly from Eastern Europe and the
former Soviet Union with approximately $120,000 (300,000 Swiss francs).
In March 1999, the Government introduced new visa requirements for
applicants from four South American countries: Colombia, Cuba, Ecuador,
and Bolivia. The Interior Ministry's Office for Equality between Women
and Men initiated a program to train Swiss consular officials to
educate visa applicants in their home countries on the risks of falling
victim to human traffickers and methods used to lure women into
vulnerable situations. The Government provided funding to the Stability
Pact for South Eastern Europe's Anti-Trafficking Task Force and
supported the OSCE's Office for Democratic Institutions and Human
Rights Anti-Trafficking Project Fund.
The country was a destination and, to a lesser extent, a transit
location. According to authorities, most persons trafficked in 2000
originated in Thailand, parts of Africa, or South America. An
increasing number of trafficked women arrived from Eastern Europe,
particularly Hungary, Russia, Ukraine, or other states of the former
Soviet Union. Police figures indicated that approximately 14,000
prostitutes worked in the country both legally and illegally. More than
half worked in Basel, Bern, Zurich, Lucerne, Geneva, and Ticino.
Since the late 1990s, a growing number of salons and clubs have
appeared in which women registered as artists engaged in illegal
prostitution. Authorities suspected that traffickers were bringing some
of these ``artists'' into Switzerland. Police monitoring was difficult
because the artist visas (also called the ``L'' residency permits)
include an allowance for a short work period during which individuals
may engage in some form of self-employed activity. Approximately 1,800
women normally stayed in Switzerland on ``L'' residency permits spread
across about 400 cabarets. According to statistics from May 2001,
prostitutes from the former Soviet Union accounted for 67 percent of
all ``L'' residence permits. L Permits issued to Ukrainian women
increased from 88 in 1995 to 407 in May 2001, an increase of 360
percent in 6 years. Permits to Romanian and Moldavian women increased
by 650 percent and 800 percent, respectively, over the same period.
According to the Chief of the Geneva vice squad, the police had no
legal means of preventing cabaret dancers from prostituting themselves
after work hours but tried to prevent physical abuses against
prostitutes. Smaller prostitution networks also existed and often
involved relatives of foreign families established in the country, or
members of the same ethic groups.
Traffickers often forced victims into prostitution and in many
cases subjected them to physical and sexual violence, threatened them
or their families, encouraged drug addiction, withheld their documents,
and incarcerated them. Many victims were forced to work in salons or
clubs to pay for the cost of their travel and forged documents and
found themselves dependent on the traffickers. Generally the victims
were unable to read, write, or speak the country's languages, and were
afraid to seek help from the authorities.
Under the Swiss Victim's Assistance Law, trafficking victims may
seek help from centers providing assistance to abuse victims. These
centers/shelters typically provided counseling as well as material and
legal aid but in some cases may also provide travel vouchers and
emergency lodging. In penal proceedings, trafficking victims who are
testifying enjoy special protection of their identity and may request
the trial to take place behind closed doors and a confrontation with
the defendant to be avoided. Women's shelters and NGOs that provided
services to victims received federal and cantonal government funding.
For example, the Zurich-based Women's Information Center (FIZ), which
assisted women from Africa, Latin America and Eastern Europe, received
roughly 40 percent of its $250,000 budget (420,000 Swiss francs) from
federal, cantonal and city governments.
In some regions, NGOs complained of working at odds with cantonal
police authorities that tended to favor rapid deportation of possible
trafficking victims and were inclined to treat the latter as criminals.
NGOs particularly criticized the lack of a designated person of contact
within cantonal police authorities. To address the problem, the Zurich-
based Women's Information Center (FIZ) initiated working groups to
improve cooperation between NGOs and cantonal justice and police
authorities. In Zurich representatives of the police, the immigration
office, the prosecutor's office, the Government's Equal Opportunity
Office, and FIZ regularly convened to improve cooperation between the
different parties to provide better assistance to victims of
trafficking.
In 2000 FIZ submitted a petition to the Federal Council and both
houses of Parliament calling for the establishment of a protection
program for trafficking victims, which would end the automatic
expulsion of women arrested for illegal prostitution and legalize their
stay for the duration of investigations and trials. Most women normally
were expelled within 96 hours. The program also would provide shelter,
protection from intimidation, counseling centers, and sensitivity
training for police. The petition also called for a change in the legal
definition of trafficking to include not only women forced into
prostitution but also women whose migration to the country for marriage
or domestic work forced them into a state of dependency. Approximately
7,500 individuals, organizations, and parliamentarians signed the
petition.
In general persons responsible for trafficking may not be
prosecuted unless the victims are willing to testify. However, few
victims were willing to testify because they feared retaliation or were
concerned that they would be forced to leave the country because they
were illegal immigrants. Cantonal authorities may grant a temporary
residency permit on a case-by-case basis to victims willing to assist
in the investigations and to testify against their traffickers, but a
legal framework providing this right has not yet been established. In
cases of serious hardship, a federal ordinance allows cantonal police
authorities to grant a residency permit to victims of sexual
exploitation or forced labor, but NGOs contended that in reality this
rarely happened.
__________
TAJIKISTAN
Tajikistan is ruled by an authoritarian regime that has established
some nominally democratic institutions, including a Constitution
adopted in 1994. President Emomali Rahmonov and an inner circle of
fellow natives of the Kulyab region continued to dominate the
Government; however, Rahmonov's narrow base of support somewhat limited
his control of the entire territory of the country. Rahmonov won
reelection in a 1999 election that was seriously flawed and was neither
free nor fair. Some opposition figures held seats in the Parliament and
positions in the Government. Rahmonov's supporters overwhelmingly won
the February 2000 parliamentary elections that were neither free nor
fair but that did allow several opposition parties to participate. May
2001 parliamentary by-elections were flawed, as were by-elections held
in three districts during the year. Although stability throughout the
country has increased significantly since the 1992-97 civil war, the
Government still faced the challenge of maintaining law and order, and
regional divisions within the security forces themselves persisted. The
Constitution provides for an independent judiciary; however, it was not
independent in practice.
The Ministries of Interior, Security, and Defense share
responsibility for internal security, although in practice the
Government relied on a handful of commanders who used their forces for
internal security. In a few regions local commanders exercised a degree
of autonomy from the Government, although the Government's 2001
military operations against Rahmon Sanginov discouraged many former
local opposition commanders from attempting to assert independence from
government authority. The soldiers of some of these commanders were
involved in crime and corruption. A Russian army motorized rifle
division, part of a Commonwealth of Independent States (CIS)
peacekeeping force established in 1993, remained in the country.
Members of government security forces and government-aligned militias
committed serious human rights abuses.
The economy is a state-controlled system in the process of a
transition to a market-based system. The country has a population of
approximately 6.4 million. Most of the work force was engaged in
agriculture, which remained partly collectivized. Government revenue
depended highly on state-controlled cotton production, and the small
industrial sector was dominated by aluminum production. Small-scale
privatization was more than 80 percent complete, but the level of
medium to large scale privatization was much lower at approximately 16
percent. Many, but not all, wages and pensions were paid. Per capita
gross national product was approximately $180, and gross domestic
product grew approximately 9 percent during the year. Official
unemployment was estimated at 10 percent; however, ``hidden''
employment was approximately 40 percent. The continued influence of
narcotics trafficking and other forms of corruption led to clear
disparities of income between the vast majority of the population and a
small number of former progovernment and opposition warlords, who
controlled many of the legal and most of the criminal sectors of the
economy.
The Government's human rights record remained poor; although there
were improvements in some areas, serious problems remained. The
citizens' right to change their government remained restricted. Unlike
in past years, there were no reports that security forces committed
extrajudicial killings; however, police and security forces committed
unlawful killings for which they rarely were held accountable. The
Government made progress in investigating political killings that
occurred in previous years. There were deaths in custody. Explosions of
landmines laid in years past killed some civilians. There were a number
of disappearances and kidnapings. Security forces tortured, beat, and
abused detainees and other persons. These forces also were responsible
for threats, extortion, and abuse of civilians. The Government
continued to use arbitrary arrest and detention and arrested persons
for political reasons. Impunity remained a problem. Prison conditions
remained harsh and life threatening. Lengthy pretrial detention
remained a problem. The judiciary was subject to political and
paramilitary pressure, and often there were long delays before trials.
Law enforcement officers used torture to obtain confessions, which then
were used in trial without qualification. The authorities infringed on
citizens' right to privacy. The Government eased its restrictions on
freedom of speech and loosened controls over electronic media but on
occasion discouraged free expression. Journalists practiced self-
censorship. The Government restricted freedom of assembly and
association by exercising strict control over political organizations
and by intimidating demonstrators. There were some restrictions on
freedom of religion. The Government eased restrictions on freedom of
movement by eliminating the exit visa requirement. Violence and
discrimination against women were problems, as was discrimination
against persons with disabilities and religious and ethnic minorities.
Child labor was a problem. There were some instances of forced labor,
including by children. Trafficking in women and children was a serious
problem, although the Government took some steps to address the
problem.
Narco-traffickers and organized crime groups that operate in a
quasi-military style continued to threaten, extort, and abuse the
civilian population.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings; however, there were reports of the
arbitrary or unlawful killings committed by the Government and its
agents, although it was difficult to estimate the total number of such
killings or to attribute responsibility in many cases. According to
security officials, members of the Government, including members of the
police and security forces, committed some killings for reasons
stemming from business or organized criminal activities. For example,
in November the former chairman of the Shahrinau District outside
Dushanbe was convicted of ordering the murder of a business rival in
late 2001 while he was still in office. He was sentenced to 20 years in
prison. Government officials were rarely held accountable for such
crimes; however, there were several trials of former government
officials in connection with similar cases.
Several local officials, businessmen, and professional figures were
killed during the year, for a variety of political, economic, and
ethnic reasons. In September the brother of the director of a major
collective farm in the Isfara District was murdered. The local Islamic
Revival Party of Tajikistan (IRPT) office claimed that the murder was
an attempt to destabilize the political situation in Isfara, and IRPT
called for a thorough investigation; a police investigation continued
at year's end.
Government officials claimed progress in investigating a number of
political killings in recent years. The Government formed a special
investigative unit and announced that a number of arrests had been made
and charges filed by year's end; however, the Government indicated that
some of those under investigation were being detained without formal
charges. Some of these individuals were held incommunicado (see Section
1.d.). Local and international observers questioned the objectivity of
the investigations. These included investigations of the killings of
former Chairman of the Gharm District Sirojiddin Davlatov in 2000;
former Deputy Prime Minister Moyonsho Nazarshoyev in 1998; and former
Chairman of the Parliamentary Committee on Legislation and Human Rights
Safarali Kenjayev in 1998.
In March seven men were convicted of the May 2001 murder of First
Deputy Minister of the Interior Habib Sanginov and were sentenced to
death; there were allegations of torture and judicial impropriety
during the investigation and trial (see Sections 1.c. and 1.e.). Also
in March, one man was convicted and sentenced to death in the May 2001
killing of Sobirjon Begijonov, Chairman of Jabborasulov District in
Sughd Oblast. In November murder charges were filed against four other
men in connection with this case; all five allegedly were part of a
``criminal gang'' of 35 persons that was charged in November with
various murders dating back to 1994. In July one man was convicted and
sentenced to death in the September 2001 killing of Minister of Culture
Abdurahim Rahimov.
In June two brothers, Dovud and Sherali Nazriev, were executed
after being convicted in May 2001 on charges of the 2000 attempted
assassination of the Mayor of Dushanbe (who is also the Chairman of
Parliament). The Deputy Minister of Security was also killed in the
attack, although the brothers were not charged directly with his death.
The execution, which was delayed pending an appeal, was eventually
carried out despite a request for a further delay from the U.N. Human
Rights Commission while it examined the case.
In September two men--one a former District-level government
official--were arrested for the 1996 killing of Russian journalist
Viktor Nikulin. The trial was ongoing at year's end (see Section 2.a.).
There were no developments in some political killings from past
years including: The April 2001 abduction and killing of three Dushanbe
policemen; the July 2001 killing of Karim Yuldoshev, the Presidential
Advisor on International Affairs; the 2000 killing of the Chairman of
the State Radio and Television Committee, Saif Rahimov (Rahimzoda); or
the 2000 killing of Khovar State Information Agency correspondent
Aleksandr Olpatov.
There were reports of a number of deaths in custody; however,
statistics were unavailable. It was unclear what proportion of these
deaths resulted from mistreatment by police and prison authorities or
from harsh prison conditions and lack of food and adequate medical
treatment (see Section 1.c.).
Both the Government and the opposition used landmines during the
civil war. Landmine explosions in some unmarked mine fields in the
Karetegin Valley reportedly killed civilians during the year. Landmines
were laid along the northern segment of the border with Uzbekistan,
which included some populated areas and was not demarcated clearly in
most places. The Government of Uzbekistan claimed that it laid the
mines as part of a counterinsurgency campaign. The State Border
Protection Committee reported that 58 persons were killed by landmine
explosions during the year along the Uzbek border. Estimates were
unavailable for landmine deaths elsewhere in the country. In December
the Ministry of Defense announced that the Government had cleared more
than 770 square miles and 420 miles of roads of mines during the year
and estimated that more than 16,000 mines remained in the country.
The Government Drug Control Agency reported instances in which
Tajik border guards were killed on the Afghanistan border in gun
battles with narcotics traffickers. International observers and Russian
and Tajik Border forces also alleged that Tajik and Afghan criminal
groups engaged in narcotics smuggling killed members of the border area
populations. There were also reports that these same criminal groups
took local residents hostage (see Section 1.b.).
There were no developments in the cases of an April 2001 bombing at
a Dushanbe market that killed three persons and injured 11 and of the
2000 landmine explosion on a public bus on the outskirts of Dushanbe
that killed at least five passengers.
A police investigation concluded that the October and December 2001
shooting deaths of two Baha'i residents of Dushanbe was religiously
motivated, and in November the Government filed charges against a
``criminal group'' of 35 persons for murders and assassinations dating
back to 1994, including the 2001 Baha'i killings (see Section 2.c.).
The Government routinely sentenced criminal defendants to death in
trials that violated norms of due process and human rights. During
pretrial detention, the police often beat and otherwise coerced
suspects into making confessions, which were introduced into trial
without qualification (see Sections 1.c., 1.d., and 1.e.). Amnesty
International reported that 29 persons were sentenced to death in the
first 6 months of the year, that none of them received a fair trial,
and that executions often were conducted in secrecy. A witness in the
murder trial of those accused of the 2001 killing of Deputy Minister of
Justice Habib Sanginov recanted in court his earlier testimony,
claiming that he had been tortured into making false statements. His
testimony was retained as evidence, on the basis of which four men were
sentenced to death (see Section 1.e.). The Prosecutor General's office
as well as senior government officials continued to defend the
Government's application of the death penalty.
b. Disappearance.--There were no reports of politically motivated
disappearances; however, there were numerous kidnapings.
The taking of hostages for revenge or for bargaining purposes
remained a common occurrence. In October the Ministry of Security
reportedly stated that Afghan-based drug trafficking groups took
hostage 24 residents of the border areas as penalties for unpaid debts
or to secure cooperation in narcotics trafficking. Those kidnaped
reportedly were held in northern Afghanistan (see Section 1.c.).
Political pressures, the Government's lack of control over
violently competitive factions within and outside the Government, and a
lack of professional resources hampered police efforts to investigate
disappearances. For example, there were no developments in the 2000
abduction and later release of the sister of Deputy Prime Minister
Nigina Sharapovna or in the 2000 disappearance of the ethnic Uzbek
mayor of a town in Khatlon District.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture; however, there were reports
that security officials, particularly those in the Ministry of
Interior, used systematic beatings to extort confessions and used
sexual abuse and electrocution during interrogations. Impunity remained
a serious problem, and the Government prosecuted few of the persons who
committed these abuses. In July nine officers of the Ministry of
Interior were tried and convicted on charges of abuses of power and use
of prohibited methods of interrogation; they were sentenced to terms of
imprisonment ranging from 3 to 7 years. This group included the Deputy
Chairman of the Ministry of Interior Administration for Sughd Oblast
and the chairman of its administration for the city of Khojand, Sughd's
administrative center. Government officials, including security forces,
harassed members of the opposition IRPT in the north of the country.
The Government acknowledged that the security forces were corrupt and
that most citizens choose to keep silent when subjected to mistreatment
rather than risk retaliation by the police.
In the southern regions of the country, many border guards were
involved in the drug trade, and the local population made numerous
complaints of harassment and abuses committed by them. There were
reports of widespread invasive and degrading searches by border guards,
particularly with regard to women. The nongovernmental organization
(NGO) Modar reported that in May and June women crossing into
Uzbekistan and Kyrgyzstan commonly were subjected to strip searches by
officials on both sides of the border, with such objectives as
preventing narcotics trafficking or harassing the individual (see
Section 2.d.). In February several border guards were convicted of
``abuse of power'' and sentenced to 6 years imprisonment for
harassment, extortion, and corruption.
Law enforcement authorities mistreated members of the country's
Afghan refugee population. In June a Dushanbe city police officer
arrested an Afghan refugee for having expired refugee documents and
beat him after an attempted escape (see Section 2.d.). There were
widespread claims of petty harassment of Afghan refugees. There were no
developments in the case of a prominent Afghan refugee who credibly
claimed that Ministry of Interior officers beat him in 2000 in
retaliation for previous claims of abuse (see Section 2.d.).
Unlike in the previous year, there were no reports that law
enforcement authorities (or armed individuals dressed as, and claiming
to be law enforcement authorities) beat journalists (see Section 2.a.).
Some government officials facilitated trafficking in persons (see
Section 6.f.).
Investigations continued into several 2001 cases of shootings,
bombings, and terrorist attacks that resulted in injuries and serious
property damage as well as deaths (see Section 1.a.). Groups that have
not accepted the peace process (i.e., organized crime groups, narcotics
traffickers, or opposition groups) were suspected to be responsible for
these attacks.
According to credible Tajik counternarcotics law enforcement
authorities, Tajik and Afghan criminal groups engaged in narcotics
smuggling across the country's border with Afghanistan and threatened,
harassed, and committed abuses against the border area populations (see
Section 1.b.).
Conditions in the country's seven prisons remained harsh and life
threatening. In June the Government transferred administrative
responsibility for prisons from the Ministry of Interior to the
Ministry of Justice, a move which the OSCE characterized as a step
toward ``fulfilling international standards.'' Prisons generally were
overcrowded, unsanitary, and disease-ridden. Some prisoners died of
hunger. Family members were allowed access to prisoners only after a
guilty verdict, in accordance with the law. However, family members of
prisoners sentenced to capital punishment were not informed of the date
of the execution and were not allowed access to the prisoner's effects
or remains after the sentence was carried out. Men and women were
housed separately; there is one women's prison. There is one prison
specifically for members of ``power ministries'' (police, KGB, military
personnel). Juveniles were held in separate juvenile reform facilities.
Pretrial detainees were held separately from those convicted. Beatings
were common.
In August 2001, the Government decreed an amnesty for more than
19,000 prisoners, primarily the sick and the old, and those convicted
of minor narcotics trafficking offenses; however, not all of the
amnestied prisoners were released, although some persons convicted of
crimes during the year had their sentences immediately waived under the
amnesty.
The Government permits some prison visits by international human
rights observers; however, the Government denied requests by the
International Committee of the Red Cross (ICRC) to make prison visits
in a manner consistent with the ICRC's standard modalities.
d. Arbitrary Arrest, Detention, or Exile.--The Government continued
to arrest and detain citizens arbitrarily. The Criminal Code retains
many of the defects inherited from Soviet times. For example, the
system allows for lengthy pretrial detention and provides few checks on
the power of procurators and police to arrest persons.
Police legally may detain persons without a warrant for a period of
72 hours, and the procurator's office may do so for a period of 10
days, after which the accused must be charged officially. At that
point, the Criminal Code permits pretrial detention for up to 15
months. The first 3 months of detention are at the discretion of the
local procurator, the second 3 months must be approved at the regional
level, and the Procurator General must sanction any remaining detention
time. The Criminal Code specifies that all investigations must be
completed 1 month before the 15-month maximum in order to allow time
for the defense to examine government evidence. There is no requirement
for judicial approval or for a preliminary judicial hearing on the
charge or detention. In criminal cases, detainees may be released and
restricted to their place of residence pending trial. Officials
regularly refused detainees access to counsel. Incommunicado detention
was a problem (see Section 1.a.). For example, on September 3, Ministry
of Security officials in Dushanbe detained 10 Afghan refugees and held
them incommunicado until 8 members of the group were deported on
September 17. The Government arrested a number of persons in connection
with political killings from previous years; many of those arrested
were held incommunicado for long periods of time and were still in
police custody despite not being formally charged at year's end. There
is no provision for bail, and lengthy pretrial detention was a problem.
In most cases, the security officers, principally personnel from
the Ministry of Internal Affairs or the Ministry of Security, did not
obtain arrest warrants and did not bring charges. Those released often
claimed that they were mistreated and beaten during detention (see
Section 1.c.).
The Government made politically motivated arrests, and there were
credible allegations of illegal government detention of members of
rival political factions. Local and international observers questioned
whether arrests in several investigations of political killings were
politically motivated. For example, in March six men were convicted of
murder in the 2001 killing of Deputy Minister of Justice Habib
Sanginov. There were widespread allegations that the investigation and
trial were politically motivated and that there were serious
irregularities during the trial (see Sections 1.a., 1.c., and 1.e.).
Reportedly there was little connection between some of those convicted
and the alleged plotters of the murder, and several international
observers noted that the prosecutors' claims of drug trafficking by the
victim appeared to be a coverup for other possible motives in the case.
According to the Ministry of Interior, 142 members of Hizb ut-
Tahrir, an extremist Islamic organization, were convicted and sentenced
in connection with various crimes related to their party membership
during the year (see Section 2.c.).
The Constitution states that no one can be exiled without a legal
basis, and no laws establish a legal basis for exile. There were no
reports of forced exile; however, some opponents of the Government
remained in self-imposed exile. During the year, Oleg Panfilov, the
head of the Center for Journalism in Extreme Situations--in self-
imposed exile since 1997--returned to the country for several short
trips but then returned to self-imposed exile.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judicial system was
subject to the influence of executive authorities. Armed criminal
groups directly influenced judicial officials at all levels. Public
order improved during the year. However, the erosion of public order
and judicial integrity that took place during the civil war, largely as
a result of the virtual immunity from prosecution of armed militia
groups, has yet to be overcome.
Under the Constitution, the President has the right, with
confirmation by the Parliament, both to appoint and to dismiss judges
and prosecutors. Judges at the local, regional, and national level for
the most part are poorly trained and lack understanding of the concept
of an independent judiciary. The Government made some progress in this
respect by instituting regular examinations to screen unqualified
candidates for judgeships. Judges at all levels have extremely poor
access to legal reference materials. Bribery of prosecutors and judges
was a common practice.
The court system, largely unmodified from the Soviet period,
includes city, district, regional, and national levels, with a parallel
military court system. Higher courts serve as appellate courts for the
lower ones. The Constitution establishes additional courts, including
the Constitutional Court.
Military courts only try civilians in extremely rare circumstances,
such as when a crime is committed by both a serviceman and a civilian.
A military judge and two officers drawn from the service ranks hear
such cases.
According to the law, trials are public, except in cases involving
national security or the protection of minors. Once a case is entered
for trial, the law states that it must be brought before a judge within
28 days; however, it is common for cases to be delayed for many months
before trial begins (see Section 1.d.). The court appoints an attorney
for those who do not have one. Defendants may choose their own attorney
but may not necessarily choose among court-appointed defenders.
However, in practice arrested persons often were denied prompt, and in
some cases any, access to an attorney.
The procurator's office is responsible for conducting all
investigations of alleged criminal conduct. According to the law, both
defendant and counsel have the right to review all government evidence,
to confront witnesses, and to present evidence and testimony. No groups
are barred from testifying, and all testimony theoretically is given
equal consideration, regardless of the ethnicity or gender of the
witness. Ministry of Justice officials maintained that defendants
benefit from the presumption of innocence, despite the unmodified
Soviet legal statute that presumes the guilt of all persons brought to
trial. However, in practice bringing charges tended to suggest guilt,
and government officials routinely made public pretrial statements
proclaiming a suspect's guilt.
Law enforcement officials often used torture and beatings as
methods of coercing evidence, including confessions (see Section 1.c.).
Such evidence routinely was used in trial without qualification, as in
the 2001-2002 trial of seven persons charged with the 2001 murder of
Deputy Interior Minister Habib Sanginov (see Section 1.a.). Kiemmidin
Mizoyev, the alleged leader of the plot, recanted his confession in
court, claiming that he had been tortured into giving false testimony.
His testimony was used to convict five others on March 27, all of whom
also claimed they had been tortured and forced to sign false
statements.
Some factions of the Government allegedly used the investigations
of high profile cases to carry out political attacks on other factions
of the Government. Given the low level of available information
regarding the pretrial, investigation, and trial phases of the criminal
process, and the Government's refusal to allow the ICRC and other
groups regular access to prisons in accordance with their standard
procedures, the number of such political prisoners was unknown.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the inviolability of the
home and prohibits interference with correspondence, telephone
conversations, and postal and communication rights, except ``in cases
prescribed by law''; however, the authorities continued to infringe on
citizens' right to privacy. Except for special circumstances, the law
prohibits police from entering and searching a private home without the
approval of the procurator. When police do enter and search without
prior approval, they must inform the procurator within 24 hours;
however, police frequently ignored these requirements. There is no
independent judicial review of police searches conducted without a
warrant. Police also may enter and search homes without permission if
they have compelling reason to believe that a delay in obtaining a
warrant would impair national security.
In August the Government resettled 500 residents of the country's
eastern Gorno-Badakhshan Autonomous oblast after their village was
destroyed by a landslide. The Government claimed the villagers asked to
be resettled; however, the villagers claimed they were told that they
would be denied emergency assistance unless they moved to a collective
farm in Bishkent, near the Uzbek border in the south of Khatlon oblast
(see Section 2.d.). Previous voluntary resettlement plans involving
Bishkent were criticized for the Government's failure to deliver on
promises of housing, potable water, land grants, and other social
services (see Section 2.d.).
Police and Ministry of Interior officials often harassed the
families of suspects in pretrial detention or threatened to do so in
order to elicit confessions.
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. Journalists, broadcasters, and individual
citizens who disagreed with government policies on occasion were
discouraged from speaking freely or critically. In November nine
television journalists in Khojand were detained by local military
authorities following the broadcast of a documentary they had produced
regarding ``press-ganging'' and other irregularities in the fall
conscription campaign; six of the journalists were released while the
other three were drafted into the military. The Khojand regional
military command agreed to assign the journalist to the military's
public affairs unit while permitting them to continue their employment
at a local television station. Government officials criticized the
local military officials' ``excessive'' actions but also claimed that
the three reporters were draft evaders. In September state television
Kulob correspondent Suhrob Farrukhshoev was fired after publishing a
freelance article on the spread of typhoid in President Rahmonov's home
region. Television management told Farrukhshoev that they were
following orders from the Kulob local administration. Farrukhoev
subsequently obtained employment at an independent media NGO that
regularly featured criticism of the Government.
In April the Government enacted new media legislation reaffirming
the right to free speech and criminalizing interference with
journalists' work; however, journalists reported that government
officials improperly limited their access to information or provided
``friendly advice'' on what news should not be covered. The Government
also controlled the printing presses and the supply of newsprint and
broadcasting facilities and subsidized the large majority of
publications and productions. Editors and journalists, fearful of
reprisals, exercised some self-censorship; however, a number of
publications published articles highly critical of the Government.
The number of independent and local newspapers continued to
increase during the year. Although only a small number of newspapers
attempted to cover serious news, several new newspapers focused on news
and analysis. Several newspapers are organs of political parties or
blocs.
There is one government-run television network; its several local
stations covered regional and local issues from an official point of
view. Opposition politicians had little access to it; however, it
continued to broadcast a series of political party debates organized by
the International Foundation for Electoral Systems. There were 36
nongovernmental television stations--not all of which operated at any
one time and only a handful of which were genuinely independent. Some
of these independent stations have independent studio facilities and
broadcast equipment, but most depended on government-owned transmission
equipment. In June four independent television stations' licenses were
suspended for non-payment of fees for use of government equipment. An
independent station in Khojand continued broadcasting political party
debates sponsored by the OSCE's Khojand office. Although the Government
permitted a daily Uzbek radio broadcast, broadcast time was dominated
by Tajik and Russian language programs; however, there was a weekly
television broadcast.
Independent radio and television stations continued to experience
administrative and legal harassment. To obtain licenses, independent
television stations must work through the Ministry of Communications
and the State Television and Radio Committee. At every stage of the
bureaucratic process, there are high official and unofficial fees. The
process of obtaining licenses is lengthy, sometimes taking years. Those
who are denied licenses were allowed to reapply; however, there was no
formal appeals process. In August the Government issued licenses for
the first time to three independent radio stations in the capital. One
of the stations had waited for nearly 4 years without a formal reply to
its application. In July the Television and Radio Committee refused the
station's application; however, following pressure from domestic and
international media and other organizations, President Rahmonov
instructed the Committee to issue the license. The other two radio
stations received their licenses concurrently.
Journalists on occasion were subject to harassment and
intimidation, sometimes perpetrated by government authorities. In July
the Government dropped charges of attempting to overthrow the state
against journalist Dodojon Atovulloev, and the General Prosecutor
publicly stated that Atovulloev could return to the country and
continue publishing his newspaper. In September Ahtam Tohirov, former
Deputy Chairman of the Tax Committee of the Kofarnihon District, and a
second man were arrested for the 1996 killing of Russian journalist
Viktor Nikulin (see Section 1.a.).
Journalist Oleg Panfilov returned from self-imposed exile to
Tajikistan on several short trips and participated in several forums on
independent media (see Section 1.d.).
There were no developments in the 2000 case of a reporter for the
state-owned newspaper Jumhuriyat who was seized and severely beaten by
Dushanbe militiamen.
There are five Internet service providers--one wholly state-owned
and four privately owned. High fees and limited capacity put access to
the Internet out of reach for most citizens. The Government did not
block access to or censor the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in practice and exercised strict control over organizations
and activities of a political nature. Nonpolitical associations, such
as trade unions, are allowed to meet (see Section 6.a.). Registered
organizations must apply for a permit from the local executive
committee in order to organize legally any public assembly or
demonstration. At times permits were granted, but on occasion the
Government took reprisals against organizers. Fear of reprisal was so
widespread that public assemblies or demonstrations of a political
nature were rare. In May a group of women in Kulyab shouted slogans at
the visiting Prime Minister in protest of poor economic conditions;
some members of the group were approached and questioned afterwards by
security personnel, but none were detained. In June 50 demonstrators
protested the scarcity of tickets for railroad travel to Russia; the
Government took no punitive action against the demonstrators.
The Constitution provides for freedom of association; however, the
Government restricted this right in practice by exercising strict
control over organizations and activities of a political nature.
Although freedom of association is permitted for nonpolitical
associations, including trade unions, this right is circumscribed by
the requirement in the Law on Nongovernmental Associations that all
organizations first must register with the Ministry of Justice--a
process often slowed by the requirement to submit documents in both
Russian and Tajik. The Ministry of Justice's verification of the text
inevitably delays the granting of registration. There were reports of
delays in the process if organizations failed to pay bribes to working-
level officials. In June the President and Minister of Justice
addressed a national forum of NGOs--most of which were involved in
social work--and expressed support for the work done by these
organizations. The Minister of Justice pledged to simplify the
registration process for new NGOs and called for the Ministry of State
Revenues to work together with the Ministry of Justice to resolve NGO
taxation problems. A government working group was formed to address the
issue of new legislation on taxes for non-profit organizations.
Parties of religious character are permitted to register; one such
party--the IRPT--has done so.
There are six political parties and five ``movements'' registered
with the Government. In January 2001, the Supreme Court banned the
``Adolatkhoh'' (Justice) Party on the grounds of insufficient
membership, although party officials alleged that the ruling resulted
from criticism of the Government's economic policy. Three other parties
are banned officially: The Party of Popular Unity (banned in 1998), the
Agrarian Party (banned in 1999), and the ``Tehran platform'' faction of
the Democratic Party (banned in 1999). In October the Agrarian Party
formally merged with the registered wing of the Democratic Party, and
its membership was incorporated into the Democratic Party. In December
the Government registered the Social Democratic Party (SDPT), following
six previous unexplained denials. The SDPT--previously known as the
Party of Justice and Progress--changed its name in 2000 after several
unsuccessful registration attempts. In March the Unity Party was formed
and applied for registration with the Government; its first application
was denied in May for ``membership irregularities.'' A second
application submitted in June was pending at year's end. A 1998 law
prohibits political parties from receiving support from religious
institutions.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, there were some restrictions. There is no state
religion. The Government monitors the activities of religious
institutions to control their political activity. Hizb ut-Tahrir
members were subject to arrest and imprisonment for subversion.
President Rahmonov defends secularism aggressively and describes
Islamic extremists as a threat to national security.
According to the Law on Religion and Religious Organizations,
religious communities must be registered by the State Committee on
Religious Affairs (SCRA). While the official reason given to justify
registration is to ensure that religious groups act in accordance with
the law, the practical purpose is to ensure that they do not become
overly political. The Government did not explicitly ban, prohibit, or
discourage specific religions; however, local authorities in some cases
used the registration requirement in attempts to prevent the activity
of some groups. For example, in August and September, authorities in
the northern Sughd region closed a number of unregistered mosques in
the districts of Isfara and Jabbarasulov. Most of these mosques
registered with the Government and were officially re-opened; eight
remained ``closed,'' although parishioners continued to pray there. In
November government officials closed one of these mosques and a
madrassa in the Isfara area after the imam and his family apparently
fled the village.
In July and August, government officials in Sughd carried out an
``attestation'' of all imams in the region, through which all imams
were tested on their knowledge of Islamic teachings and religious
principles. Although the test was designed by the Council of Islamic
Scholars, technically a nongovernmental body, it was approved by the
SCRA, which enforced the results of the test. As a result, 15 imams
were removed from their posts; 3 of the imams were members of the IRPT
and were removed for that reason. Local observers alleged that the
Government used the testing process as a means to silence certain
politically outspoken religious figures.
Government policies reflect a pervasive fear of Islamic
fundamentalism among the Muslim population. The Government banned
specifically the activity of Hizb ut-Tahrir, which has developed a
significant following among the ethnic Uzbek population in the north.
The Government continued arrests and trials of Hizb ut-Tahrir members
on charges of subversion; in October a Ministry of Security official
announced that 142 members of the banned party had been sentenced to
varying jail terms during the year (see Section 1.d.).
Unlike in the past, the Government did not impose restrictions on
the number of pilgrims allowed to undertake the hajj; however, regional
quotas were imposed, which led to corruption in selling quota
allotments.
Government officials at times restricted other religious activities
by Muslims as well. Government printing houses reportedly were
forbidden to publish texts in Arabic and as a rule do not publish
religious literature. There were no restrictions on private Arabic
language schools; however, restrictions on home-based Islamic
instruction remained in place. These restrictions reportedly were based
on political concerns, but affected religious instruction. Missionaries
were not restricted legally and proselytize openly; however, the
Government's fear of Islamic terrorists prompted it to restrict visas
for Muslim missionaries.
In the spring of 2001, there were reports that local authorities in
the city of Kurgan-Tyube prevented a Christian church from registering.
The church appealed to the SCRA, and in January the church was
registered.
Baha'i groups experienced some harassment at local levels. The
Government arrested approximately 40 persons in connection with the
October and November 2001 killing of two Baha'i residents of Dushanbe;
in November the Government formally charged three of these individuals
with the murders, one of whom also was charged with the 1999 murder of
a leader of Dushanbe's Baha'i community (see Section 1.a.). In July
local officials refused to register a Baha'i congregation in the
northern Sughd region, but the congregation was registered after the
SCRA intervened.
Government law enforcement and security agencies continued their
investigation of the 2000 bombings of the Svyato-Nikolskii Russian
Orthodox Church and a Seventh Day Adventist Church in Dushanbe, but no
progress was reported by year's end.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for these
rights; however, the Government imposed some restrictions on them. Both
citizens and foreigners are prohibited from traveling within a 15-mile
zone along the country's borders with China and Afghanistan without
permission from the Ministry of Foreign Affairs. This restriction was
not always enforced along the western part of the border with
Afghanistan, but a special visa generally was required for travelers--
including international workers and diplomats--to Gorno-Badakhshan.
Travel to border areas near Uzbekistan in the southwest was not
restricted significantly, except occasionally at the border, which was
closed intermittently by Uzbekistan during the year. In November 2001,
the Ministry of Security announced that diplomats and international aid
workers could travel to the Afghanistan border region without prior
authorization, although 48-hour prior notice to the Ministry of
Security was required. This system generally worked in practice,
although personnel from the Russian Border Forces guarding the Tajik-
Afghan border occasionally restricted border crossings.
Villagers in the eastern GBAO--who had been resettled after a
landslide destroyed their village--claimed they were told that they
would be denied emergency assistance unless they moved to a collective
farm near the Uzbek border. Previous voluntary resettlements to that
area were criticized for the Government's failure to deliver on
promises of various support services (see Section 1.f.).
There were reports that border guards in the northern regions
routinely subjected travelers to degrading searches for narcotics,
particularly in the case of women (see Section 1.c.).
Foreign travelers who wish to remain in the country longer than 3
days were required to register with central authorities, and
regulations required registration at the local Ministry of Interior
office upon arrival and departure from a city. However, these
regulations largely were ignored in practice. There are no legal
restrictions for citizens on changing residence or workplace.
In August the Ministry of Security dropped its requirement for
citizens to obtain an exit visa before traveling abroad, and citizens
with a valid passport may travel abroad without further authorization.
There is no law on emigration. Persons who wish to emigrate to the
former Soviet Union must notify the Ministry of Interior prior to their
departure. Persons who wish to emigrate beyond the borders of the
former Soviet Union must receive an immigrant visa from the relevant
country's embassy in order to obtain their passport. Persons who settle
abroad are required to inform the Tajikistan Embassy or Tajikistan
interests section of the nearest Russian Embassy or consulate. Labor
migration was an important economic factor, and in 2001 an estimated
500 to 800 thousand persons traveled out of the country looking for
work.
Persons who wish to return to the country after having emigrated
must submit their applications to the Embassy of Tajikistan or
Tajikistan interests section of the nearest Russian Embassy or
consulate. The Government adjudicates requests on a case-by-case basis.
There was no indication that persons, other than those who fled the
country for political reasons after the civil war, were not permitted
to return freely. Some persons active with the Tajik opposition with
expired travel documents occasionally had difficulty obtaining new
documents permitting them to return. During the year, the Government
worked with international organizations to assist the return of
approximately 800 Tajik students from Pakistan, many of whom were
children of refugees who fled to Afghanistan and Pakistan during the
1992-97 civil war and who remained in Pakistan after their families
returned home at the end of the war. A small number of persons remained
displaced internally as a result of the civil war. The Government
provided protection and modest assistance and cooperated with
international organizations to resettle them voluntarily.
Following the signing of the 1997 peace accords, all Tajik refugees
from northern Afghanistan who wished to return to Tajikistan, as well
as thousands from the former Soviet Union, returned to the country.
Nearly all occupied houses were returned to their original UTO fighter
owners (approximately 15,000 to 16,000 persons), although a small
number of disputes remained to be settled.
The Constitution provides for the granting of asylum and refugee
status in accordance with 1951 U.N. Convention and its 1967 Protocol.
Under the law, a person granted refugee status is provided with the
right to work and to move freely throughout the country. In August the
State Migration Service under the Ministry of Labor, which has
responsibility for the registration of refugees, resumed its refugee
status determination and registration processes, suspended in 2000. The
suspension left many Afghan refugees without valid documents and
therefore vulnerable to harassment by security forces. The Government
cooperated with the U.N. High Commission for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. According to the
UNHCR, 2,784 asylum seekers were granted refugee status, and 21 cases
representing approximately 100 persons were denied status. Court
challenges to these denials were ongoing at year's end. During the
year, 40 refugees were resettled to third countries, and approximately
800 Afghans were repatriated by the UNHCR. The UNHCR estimated that
3,500 Afghans remained in the country, not all of whom were asylum
seekers.
The Government does not provide specifically for first asylum. As
security improved in Afghanistan, UNHCR and the International
Organization for Migration (IOM) assisted the return of approximately
2,000 displaced Afghan families camped on islands in the Pyanj River on
the border with Afghanistan. By May all of the displaced persons had
returned to their home villages in Afghanistan's Kunduz province.
Members of the country's Afghan refugee population were singled out
for mistreatment by law enforcement authorities (see Section 1.c.). In
June a Dushanbe city police officer arrested an Afghan refugee for
having expired refugee documents and beat him after an attempted
escape.
In September the Ministry of Security in Dushanbe detained 10
Afghan refugees on charges of expired refugee documents and held them
incommunicado for 2 weeks. Eight of the 10 were deported to Afghanistan
later that month despite international protests and claims by the
refugees' families that they feared persecution if they were returned
to Afghanistan.
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 freely through elections of the President and
members of Parliament; however, the Government restricted this right in
practice. The country made little progress in its transition from a
Soviet-model system to a more open and competitive one, and President
Rahmonov and his inner circle from the Kulyab region continued to
dominate the Government.
The 1999 presidential election was seriously flawed. A cumbersome
registration process required candidates to obtain large numbers of
signatures during a short period of time. Only President Rahmonov, who
used his political apparatus throughout the country for this purpose,
was able to do so by the deadline. Prospective opposition candidates
complained that local, progovernment administrators prevented them from
gathering signatures. Days before the election, an apparently arbitrary
Supreme Court decision allowed one of the three aspiring opposition
candidates, Economics and Foreign Economic Relations Minister Davlat
Usmon of the Islamic Renaissance Party, to register. Although Usmon
announced that he would boycott the election unless the other two
opposition figures also were allowed to run, the Central Election
Commission included his name on the ballot. President Rahmonov
exercised a virtual monopoly over mass media access, and there were
obvious irregularities in the operation of polling places, such as
multiple voting by pro-Rahmonov supporters. The Government claimed that
98 percent of the electorate voted and that 96 percent of those voting
supported Rahmonov; however, most observers agreed that these claims
lacked credibility.
President Rahmonov's highly centralized PDPT controls an
overwhelming majority of seats in both houses of Parliament. This
control, combined with a lack of democratic culture, results in a
legislative branch that is not genuinely independent of the executive
branch.
A joint U.N. and OSCE mission that observed the February 2000
parliamentary elections to the Lower House of the new bicameral
national Parliament noted improvements in the process compared to
previous elections. Six parties, including two former segments of the
disbanded UTO, were allowed to participate in the electoral process,
and voters elected two members of an openly Islamic political party.
However, the joint observation mission concluded that the elections
failed to meet the minimum standards for equal, fair, free, secret,
transparent, and accountable elections. State organs, particularly
regional and local administration officials, interfered in the
preparations for and conduct of the elections. At least one prospective
independent candidate for the Lower House of Parliament was prevented
from registering for apparently political reasons. While state
television provided free broadcast time to parties competing in the
election, it failed to provide balanced news and editorial coverage of
the campaign. The independence of election observers and counting and
tabulation of results were also particular problems.
In March 2000, local district assemblies elected the members of the
upper house of the national Parliament in elections that were not held
under international observation. Most observers and citizens believed
that the large number of appointed and indirectly elected members of
the upper house made the elections largely pointless.
In May 2001, parliamentary district by-elections took place in
three districts. Candidates from the IRPT and the Democratic Party were
not allowed to register, leaving the remaining candidates from the
President's PDPT (in Sughd and Khatlon) and the Communist Party (in
Dushanbe) to run unopposed. There were reports of inflated voter
turnout and proxy voting in all three districts. After being denied the
opportunity to register, the IRPT and the Democratic Party boycotted
participation in the Government election commission during the by-
elections.
During the year, parliamentary district by-elections took place in
the regions of Sughd (February and October) and Khatlon (May). All
three elections were contested by candidates from the IRPT and the
Democratic Party. There were a number of reports of inflated voter
turnout, proxy voting, and irregularities in vote-counting in all three
elections. In all three elections, the PDPT Party candidates were
declared the victor.
There were 7 women in the 181-seat legislature and 1 female Deputy
Chairperson in each of the 2 houses of Parliament. The President had
one female state advisor, and there was one female minister in the
Government.
Ethnic Uzbeks were represented in the Government, although not in
direct policymaking roles, and there were four ethnic Uzbek members of
Parliament.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights abuses; however, fear of
harassment and abuse by government or paramilitary elements tended to
discourage citizens from forming their own human rights organizations,
although the Government did not block the registration of local NGOs
addressing human rights. Several such domestic organizations exist.
During the year, the Ministry of Justice lowered the registration fees
for NGOs, which allowed a number of new organizations to register
formally with the Government; however, some NGO taxation and
registration problems remained (see Section 2.b.). The Government
prevented some citizens, especially government officials, from
participating in international and local seminars sponsored by the
OSCE, the ICRC, U.N. agencies, NGOs, and foreign governments on such
topics as the rule of law, an independent judiciary, and international
humanitarian law. Discussion at such seminars, including those held in
the country, frequently were critical of the Government. Government
officials were somewhat responsive to the views of human rights groups.
The Government permitted international NGOs to operate in the
country on a regular basis.
The OSCE mission in Dushanbe continued to monitor human rights
issues with the help of its five field offices, which experienced
varying levels of cooperation with local authorities. The ICRC also
maintained an office in the country under its delegation in Uzbekistan;
however, the Government continued to refuse the ICRC unconditional
access to prisons (see Section 1.c.).
The Government's Office for Constitutional Guarantees of Citizens'
Rights under the President continued its work of investigating and
answering citizens' complaints; however, the office was understaffed
and received uneven cooperation from other government institutions. Its
annual report, published in May in the Government's Tajik and Russian
language newspapers, was largely statistical in nature and focused on
other government offices' unresponsive attitude toward citizen
complaints.
In March the Government established a Commission on Fulfillment of
International Human Rights Commitments chaired by the Deputy Prime
Minister with responsibility for security and law enforcement affairs.
The Commission was charged with preparing reports mandated by the
Government's ratification of international human rights treaties,
although its Chairman indicated that the Commission would accept
complaints from private citizens and plans to work with the
international community to address human rights concerns. The
Commission's role in establishing government policy remained unclear.
Within the Parliament, the Committee on Legislation and Human
Rights is charged with monitoring human rights violations; however,
like the rest of the Parliament, it was not independent in practice.
During the year, the Committee was not very active and issued no
reports.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for the rights and freedoms of every
person regardless of nationality, race, sex, language, political
persuasion, or social status and also explicitly states that men and
women have the same rights; however, in practice there was some
discrimination against women.
Women.--Violence against women, including spousal abuse, was a
widespread problem. In both urban and rural areas, many cases of wife
beating went unreported, and many reported cases were not investigated.
There is a widespread reluctance to discuss the issue or provide
assistance to women in abusive situations. In addition, there were
widespread reports of the abduction of young women who were raped or
forced to marry their abductors.
The Criminal Code prohibits rape, which is punishable by up to 20
years in prison; however, it was believed widely that most cases were
unreported, and that the problem was growing, particularly in urban
areas. The threat of rape often was used to intimidate women. There
were no special police units for handling rape cases. There were no
statistics on the number of rapists prosecuted, convicted, or punished
each year.
Many domestic and international NGOs sponsored women's resource
centers that address the concerns of victims of rape and domestic
abuse; however, the Government's funding for such centers was extremely
limited.
Prostitution is illegal; however, in practice prostitutes were not
tried in court but instead were given a cursory fine and released.
Pimps and madams were prosecuted regularly. The law prohibits keeping
brothels, procuring, making, or selling pornography, infecting another
person with a venereal disease, and the sexual exploitation of women;
however, prostitutes operated openly at night in some urban areas.
Trafficking of women for the purposes of sexual exploitation and
forced labor was a serious problem (see Section 6.f.).
There were reports that conservative Muslims in rural areas
physically harassed women for not wearing traditional attire.
The law accords women equal rights with men; however,
discrimination against women remained a problem.
Traditionally there has been a high level of female participation
in the work force and in institutes of higher learning. There is no
formal discrimination against women in employment, education, or
housing; in urban areas, women were employed throughout government,
academic institutes, and enterprises. However, women faced diminishing
educational opportunities and increasing poverty. Women legally are
entitled to receive equal pay for equal work; however, this regulation
was not always enforced in practice.
The Criminal Code protects women's rights in marriage and family
matters; however, girls often were pressured to marry men that they did
not choose themselves, and polygyny, although illegal, was increasingly
common. Women are provided 3 years of maternity leave and monthly
subsidies for each child. In rural areas, women tended to marry
younger, have larger families, and receive less university education
than women in cities. In rural and traditional areas, women received
less education in general, often leaving school after the eighth year.
Due to the prevalence of large families, women in rural areas also were
much less likely to work outside the home. Inheritance laws do not
discriminate against women; however, in practice some inheritances
passed disproportionately to sons.
Children.--The Government is committed to children's rights and
welfare; however, the Government did not devote financial resources
adequate to maintain the social security network for child welfare.
Education is compulsory until age 16; however, the law was not
enforced. Public education is intended to be free and universal;
however, due to a lack of resources the public school system has
deteriorated to the point where it barely functions. Parents who could
afford to do so sent their children to private schools or joined
together and hired teachers to give their children lessons. While most
children were enrolled in school up to the completion of the secondary
level, actual attendance was estimated to be lower because children
supplemented family income by working in the home or in informal
activities (see Section 6.d.). A significant number of school-age
children--as many as one in eight, according to World Bank data--worked
instead of attending school. The old but illegal Soviet practice of
closing high schools at cotton harvest time and putting the students to
work in the field continued in some areas (see Section 6.c.).
Health care is free, but the quality and quantity of medical
services were limited. It was estimated that one child in three was
malnourished. The Government acknowledged that malnutrition was a
severe problem and worked with international humanitarian organizations
and foreign governments to support school feeding programs.
There is no societal pattern of child abuse.
Trafficking of children was a problem (see Section 6.f.).
Persons with Disabilities.--The law stipulates the right of persons
with disabilities to employment and adequate medical care; however, in
practice the Government did not require employers to provide physical
access for persons with disabilities. Persons with disabilities
suffered from high unemployment and widespread discrimination as a
result of financial constraints and the absence of basic technology to
assist them.
There is no law mandating accessibility for persons with
disabilities. There are facilities for persons with disabilities;
however, funding was limited and the facilities were in poor condition.
Several international NGOs provided limited assistance to persons with
disabilities.
Section 6. Worker Rights
a. The Right of Association.--The law provides all citizens with
the right of association, including the right to form and join
associations without prior authorization, to organize territorially,
and to form and join federations. According to official figures,
approximately 90 percent of the labor force was organized. The
Federation of Trade Unions remained the dominant labor organization.
The Federation consisted of 19 professional trade unions and claimed
1.5 million members--virtually all nonagricultural workers. The
separate, independent Trade Union of Non-State Enterprises in 1998 had
registered unions in more than 3,000 small and medium-sized
enterprises, totaling approximately 30,000 employees. Many of the
enterprises in which these two organizations nominally were present
were not functioning because of the general economic crisis, and the
membership of both declined as a result. The Council of Ministers
formally consulted both organizations during the drafting of social
welfare and worker rights legislation.
The law prohibits antiunion discrimination, the use of sanctions to
dissuade union membership, and the firing of a worker solely for union
activity. Any complaints of discrimination against a labor union or
labor union activist are considered first by a local labor union
committee and, if necessary, raised to the level of the Supreme Court
and investigated by the Ministry of Justice. The law compels an
employer found guilty of firing an employee based on union activity to
reinstate the employee.
The law provides citizens, but not unions, with the right to
affiliate freely with international organizations, including
international labor organizations. Unions may affiliate with
international bodies; however, no unions had international
affiliations.
b. The Right to Organize and Bargain Collectively.--Various laws
provide for the right to organize and bargain collectively. Employees,
members of the trade unions, and management participated in collective
bargaining at the company level. Negotiations involving an industrial
sector include officials from the relevant ministry and members of the
union's steering committee for that particular sector. As the economic
situation worsened, it became more difficult for enterprises to engage
in effective collective bargaining.
The law mandates arbitration before a union legally may call a
strike. Depending on the scale of the labor disagreement, arbitration
may take place at the company, sectoral, or governmental level. In the
event that arbitration fails, unions have the right to strike, but both
labor unions disavowed publicly the utility of strikes in the current
economic crisis and advocated compromises between management and
workers. In November and December, teachers in the northwest city of
Panjakent went on a union-declared strike, claiming that they had not
been paid wages for the previous 6 months. The teachers returned to
work in late December following the payment of 3 months' wages and a
pledge by the city administration to pay the remainder in early 2003.
There were no wildcat strikes during the year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor, including by children, except in
cases defined in the law; however, forced or bonded labor occurred in
some cases. Neither the Law on Labor Protection nor the Law on
Employment, both of which predate the existing Constitution,
specifically prohibits forced or bonded labor; however, the
Constitution supercedes national laws. University and secondary school
students regularly were compelled to participate in the cotton harvest.
Persons who formerly had worked on state or collective farms could be
required to pick cotton, although wages usually were not paid, and the
farms did not provide the services they once did.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Labor laws establish the minimum age for the employment of
children at 16, the age at which children also may leave school legally
(see Section 5). With the concurrence of the local trade union,
employment may begin at the age of 15. By law workers under the age of
18 may work no more than 6 hours a day and 36 hours per week. However,
children as young as 7 years of age may perform household-based labor
and participate in agricultural work, which is classified as family
assistance. As many as one in eight school-age children worked instead
of attending school (see Section 5). Many children under 10 years of
age worked in the bazaars or sold newspapers or consumables on the
street. Trade unions are responsible for reporting any violations in
the employment of minors. Cases not resolved between the union and the
employer may be brought before the Procurator General, who may
investigate and charge the manager of the enterprise with violations of
the Labor Code.
The Government lacks the resources and ability to regulate
effectively acceptable working conditions for youths and adults, and
there were no governmental or judicial initiatives to strengthen or
enforce child labor legislation or regulations during the year.
The Government does not have a comprehensive policy for the
elimination of the worst forms of child labor. The Government has not
signed ILO Convention 182 on the worst forms of child labor.
e. Acceptable Conditions of Work.--The President, on the advice of
the Ministry of Labor and in consultation with trade unions, sets the
minimum monthly wage, which officially was $1.20 (4 Somoni). The
minimum wage did not provide a decent standard of living for a worker
and family. The Government recognized this problem and provided certain
subsidies for workers and their families at the minimum wage. Some
establishments, both governmental and private, compensated their
employees in kind with food commodities or with the products produced
by the enterprise, which the employee could sell or barter in local
private markets.
The legal workweek for adults (over age 18) is 40 hours. Overtime
payment is mandated by law, with the first 2 hours of overtime to be
paid at 1.5 times the normal rate and the rest of the overtime hours
paid at double the rate. Payment of overtime was inconsistent in all
sectors.
The Government has established occupational health and safety
standards, but these fall far below accepted international norms, and
the Government did not enforce them in practice. The enforcement of
work standards is the responsibility of the State Technical Supervision
Committee under the Council of Ministers. Statistics in 1993 (the
latest available) indicated that over one-fifth of the population
worked under substandard conditions--an estimate that most observers
considered much too low. Under the law, workers may leave their jobs
with 2 months' notice and may remove themselves from hazardous
conditions without risking loss of employment; however, due to the poor
employment situation, few did so.
Foreign workers are protected under the labor laws.
f. Trafficking in Persons.--The law does not prohibit specifically
trafficking in persons, and it was a significant problem. There were
reports that low-level government officials and border guards at least
tolerated trafficking of persons.
The Government approached the IOM in July for assistance in
updating its criminal code to include such prohibitions. In July and
October, respectively, the lower and upper houses of Parliament
ratified the U.N. Convention Against Transnational Organized Crime and
its Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children.
Traffickers may be prosecuted under laws prohibiting exploitation
of prostitution, rape, kidnaping, buying and selling of minors, illegal
limitations on arrival and departure in and out of the country,
document fraud, and immigration violations. The penalties for these
offenses are in most cases fines or imprisonment of up to 3 years,
although certain immigration violations carry a sentence of up to 10
years, and rape is punishable by up to 20 years in prison. In July the
head of a trafficking network was convicted and sentenced to 5 years in
prison for kidnaping, exploitation of prostitution, and document and
immigration fraud. In August the Government acted on information
provided by IOM to charge members of two other trafficking networks
with similar offenses.
There is no single government agency responsible for combating
trafficking; however, in October the Government named the deputy head
of the Presidential Office for Women's and Children's Issues as its
coordinator for trafficking issues and established an inter-ministerial
working group on migration issues also to address trafficking issues.
The IOM reported that the Ministry of Security collected data on
potential cases of cross-border trafficking, while the Ministry of
Labor tightened the system of licenses for companies that find
employment for Tajiks interested in working abroad. The Ministry of
Labor, State Border Protection Committee, and airport and railway
authorities also facilitated IOM's efforts to distribute information on
trafficking within Dushanbe and Khojand, and specifically at the
airport and train station. The Ministry of Interior was charged
formally with investigating cases of prostitution, and began
investigating suspected cases of trafficking in persons.
The country is a source and--to a lesser extent--a transit point
for trafficked persons, primarily women. Trafficking within the country
was also a problem. Ministry of Security records of crimes and
deportations contained more than 900 cases of women prior to 2000 who
may have been victims of trafficking. IOM estimated that at least 660
persons were trafficked from March to December. Victims came primarily
from Khojand or Dushanbe, and most commonly were trafficked to Central
Asia and the Middle East, including the United Arab Emirates (UAE),
Yemen, Iran, and Saudi Arabia. Other trafficking destinations were
Russia, other former Soviet Union countries, and Turkey. There also may
be trafficking of Afghan women through the country to these
destinations. The majority of victims were female, ethnically Tajik,
single, aged 20 to 26, usually with at least one child (the children
typically came under the care of extended family), and were new
arrivals to Dushanbe or Khojand from a rural upbringing with little
education. Ethnic minorities were overrepresented among victims,
particularly those of Slavic origin.
There were reports of trafficking in children who are used as drug
couriers. For example, in November a woman was arrested at a border
crossing in northern Tajikistan with an infant that she claimed was her
child; the child's diapers contained packets of heroin, and the child
later was determined to be that of the woman's sister.
Victims commonly were recruited through false promises of
employment. ``Advertising'' often was done through social contacts,
because traffickers employed their local status and prestige to help
recruit victims. There also were cases of false weddings and, more
rarely, kidnapings (usually in rural areas). Traffickers generally
transported victims by air to the Middle East and by train to Russia
and other former Soviet Union countries. Traffickers tightly controlled
arrangements for travel and lodging and employed contacts among tourism
agencies. They sometimes employed document falsification services in
order to evade entry restrictions in destination countries. Victims
commonly were not separated from their travel documents until arrival
in the destination country. Debt bondage was a common form of control.
There were also reports of Tajik medical professionals--both male and
female--trafficked to Yemen to work at medical clinics for substandard
wages; traffickers reportedly seized their travel documents and forced
female medical personnel into prostitution.
Traffickers included individuals who rose to positions of power and
wealth as field commanders--so-called ``warlords''--during the Tajik
civil war. Others--including women--were powerful local figures who
used their wealth to cultivate patron-client relationships throughout
their community; this created a network that communicated supply and
demand for trafficking victims.
Corruption was endemic in the country, and reports indicated that
low-level government authorities working in customs, border control,
immigration, police, and tourism received bribes from traffickers.
Further, there was reason to believe that certain figures in the
Government acted as patrons or protectors of individuals who were
involved directly in trafficking. However, there was no indication of
widespread institutional involvement in trafficking by the Government.
The Government did not prosecute any reported victims of
trafficking. There were few resources available to victims of
trafficking and none from the Government. Blackmail was employed
commonly in the country's conservative society--nearly half of the
trafficked women in IOM's survey reported extortion by local officials
upon return to the country. Victims usually did not pursue legal
recourse against traffickers due to the social stigma attached to the
problem. However, the Government endorsed efforts by international and
domestic NGOs to prevent trafficking and provide services to victims.
Some NGO programs intended to increase awareness of trafficking
exist, with support from international organizations. For example, the
NGO Modar in the Sughd region provided a number of services to victims
of trafficking and carried out a wide range of informational programs
in conjunction with local authorities in Sughd. Modar also worked to
direct trafficking victims to other NGOs providing social services that
could be of benefit, such as those targeted at abused women. The NGO
Women Scientists ran a crisis center for abused women, which provided
services to trafficked women as well. In September the NGO Gamkhori in
the southern city of Kurgan-Teppe began operating a crisis center and
hotline for victims of trafficking and other abused women. Gamkhori
also worked with local government officials throughout Khatlon oblast
to conduct training and awareness seminars for officials and the
public.
__________
TURKEY
Turkey is a constitutional republic with a multiparty Parliament,
the Turkish Grand National Assembly, which elects the President. In the
November parliamentary elections, Recep Tayyip Erdogan's Justice and
Development (AK) Party won the majority of seats and formed a one-party
government. Abdullah Gul was named Prime Minister; Erdogan was
ineligible to serve in Parliament due to a past conviction for illegal
speech but remained influential as party chairman. In May 2000, the
Parliament elected Ahmet Necdet Sezer as President for a 7-year term.
The military exercised indirect influence over government policy and
actions in the belief that it is the constitutional protector of the
state. The Constitution provides for an independent judiciary; however,
various officials acknowledged the need for constitutional and
legislative changes to ensure the judiciary's independence in practice.
The Government declared a state of emergency in the southeast in
1987 due to an ongoing conflict with the terrorist Kurdistan Workers
Party (PKK), which changed its name to the Kurdistan Freedom and
Democracy Congress (KADEK). At the beginning of the year, four
provinces remained under a state of emergency; but the Government
completed the phased lifting of the regime on November 30 and closed
the State of Emergency Regional Governor's Office, which exercised
authority over the governors of the emergency provinces, as well as the
adjacent provinces. The Regional Governor held certain quasi-martial
law powers, including the authority to impose restrictions on the
press, remove from the area persons whose activities were deemed
detrimental to public order, and order village evacuations. The
Government continued to maintain a heavy security presence in the
region, including numerous roadway checkpoints. The level of violence
has decreased substantially since 1999.
The Turkish National Police (TNP) had primary responsibility for
security in urban areas, while the Jandarma (paramilitary forces under
joint Interior Ministry and military control) carried out this function
in the countryside. The military no longer directly carried out
operations against the PKK inside the country and has ended its
internal security function. However, Jandarma troops continued to carry
out such operations and were under operational control of the military
when performing these functions. Although civilian and military
authorities remained publicly committed to the rule of law and respect
for human rights, members of the security forces committed serious
human rights abuses.
The country had a market economy, though the state retained a
dominant stake in some industries. Its population was approximately
67.8 million. During the year, the country began to recover from a
steep economic decline, while implementing wide-ranging structural
reforms. The economy grew by an estimated 6.5 percent, and inflation
fell to 31 percent. Per capita income reached $2,300. Job losses for
the year amounted to nearly 500,000, with unemployment rising to 10
percent, according to official statistics. Wages and benefits did not
keep pace with inflation. Income inequality has increased since the
onset of the economic crisis in 2000-2001.
The Government generally respected the human rights of its
citizens; although there were improvements in a number of areas,
several serious problems remained. Security forces continued to commit
unlawful killings, including deaths due to excessive use of force and
torture. Torture, beatings, and other abuses by security forces
remained widespread, although the number of reported cases declined.
There were reports that police and Jandarma often employed torture and
abused detainees during incommunicado detention and interrogation. The
lack of universal and immediate access to an attorney, long detention
periods for those held for political crimes, and a culture of impunity
were major factors in the commission of torture by police and security
forces. The rarity of convictions and the light sentences imposed on
police and other security officials for killings and torture continued
to foster a climate of impunity. Prison conditions remained poor,
despite some improvements. According to the Human Rights Association
(HRA), 26 persons died during the year as a result of the continuing
hunger strikes to protest new small-cell prisons. Police and Jandarma
continued to use arbitrary arrest and detention, although the number of
such incidents declined slightly. Prolonged pretrial detention and
lengthy trials continued to be problems. Prosecutions brought by the
Government in State Security Courts (SSCs) reflected a legal structure
that protects state interests over individual rights.
The Government infringed on citizens' privacy rights. Limits on
freedom of speech and of the press remained a serious problem.
Journalists continued to practice self-censorship. At times the
Government restricted freedom of assembly and association. The police
beat, abused, detained, and harassed some demonstrators. The Government
continued to impose some restrictions on religious minorities and on
some forms of religious expression. At times the Government restricted
freedom of movement. The Government restricted the activities of some
political parties and leaders. The Government continued to harass the
pro-Kurdish People's Democracy Party (HADEP), as well as the closely
related Democratic People's Party (DEHAP), through various methods
including police raids and detentions, although there were fewer
instances than in previous years. The Government continued to harass,
indict, and imprison human rights monitors, journalists, and lawyers
for ideas that were expressed in public forums. Branches of several
nongovernmental organizations (NGOs) were closed, temporarily or
indefinitely, particularly in the southeast. The Government exerted
disproportionate pressure on Kurdish NGOs in the southeast. Violence
against women and children remained serious problems, and
discrimination against women persisted. There were restrictions on
workers' rights. Child labor remained a problem. Trafficking in
persons, particularly women and girls, remained a problem. Turkey was
invited by the Community of Democracies' (CD) Convening Group to attend
the November 2002 second CD Ministerial Meeting in Seoul, Republic of
Korea, as a participant.
In February, March, and August, Parliament passed extensive human
rights-related reforms intended to meet requirements for European Union
(EU) membership. The reforms applied to areas such as free speech,
pretrial detention, use of non-Turkish languages, trafficking in
persons, and the rights of religious groups, among others. Under the
reforms: The death penalty was abolished in peacetime; speech intended
to criticize, but not insult, the state was no longer illegal; human
trafficking was specifically listed as a crime; some non-Muslim
religious foundations were granted the right in principle to own
property; private classes and broadcasts in Kurdish and other
traditional languages were permitted in principle, under tight
restrictions; and rulings of the European Court of Human Rights were
grounds for a retrial in a Turkish court. At year's end, Parliament was
reviewing two new packages of additional reforms.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were credible
reports that security forces committed unlawful killings, although
there was no evidence of higher-level government complicity. The Human
Rights Foundation (HRF) estimated that there were 33 killings by
security forces during the year, including shootings by village guards
and border patrols. HRF reported five deaths in detention under
suspicious circumstances, including four recorded as suicides and one
as a heart attack. In October the TNP opened a training program in
Ankara designed to prevent suicide under detention.
In July village guards killed three persons in Nureddin village,
Mus Province. Ten village guards were arrested in connection with the
September killing of three internally displaced persons (IDPs)
returning with official permission to their homes in Ugrak village,
Diyarbakir Province. The guards had reportedly been living in the
victims' home. Also in September, a police officer in Istanbul shot and
killed Semra Kayacan in her car. The officer was arrested 2 days later
and said he fired the gun accidentally when he fell down.
Although the 1996 amendment to the Anti-Terror Law that gives wide
powers to the police to open fire if suspects do not heed a call for
surrender was challenged successfully, it had not officially been
replaced at year's end. In October soldiers shot and killed Mehmetcan
Alkan near Sacan village, Van Province, after he allegedly failed to
heed a stop warning. Local residents claimed Alkan bled to death from a
leg wound after soldiers fired in the air to prevent them from
providing assistance.
The courts investigated most alleged unlawful killings by security
forces; however, the number of arrests and prosecutions in such cases
remained low compared with the number of incidents, and convictions
remained rare. Punishments, when handed down, generally were minimal;
monetary fines have not kept pace with the high rate of inflation; and
sentences were frequently suspended. Jurisdictional questions, efforts
by the police leadership to protect officers, prosecutors' failure to
investigate and bring charges, and the failure of courts to hand down
appropriate sentences were all obstacles to resolving the apparent
impunity of security forces for such deaths.
HRF reported that cases were opened during the year against four
police officers charged with illegal use of lethal force. According to
the HRF and press reports, two ongoing trials in cases of past alleged
killings by security officials ended during the year, resulting in the
acquittal of seven police. There were no new developments in the
Bozkurt case, which remained in the court of appeals.
In November an Ankara court sentenced police officer Halil Akdag to
40 months imprisonment for killing Burhan Kockar during an October 2001
raid. Also in November, the Governor of Van Province denied approval
for the investigation of the killing of Mumtaz Ozdemir, shot by
Jandarma while driving in May, allegedly after failing to heed a stop
warning.
In July the court of appeals approved the conviction of two police
officers whose 2000 conviction for the 1995 shooting deaths of nine
persons in the Gazi district of Istanbul had been annulled by the Court
of Cassation.
The southeast region, populated mainly by citizens of Kurdish
origin, continued to be plagued by unsolved killings. In March five
bullet-riddled bodies were found in Sirnak Province. Some of the
victims were reportedly wearing clothing that identified them as
members of the PKK. Police were investigating the case at year's end.
According to the Ministry of the Interior, between 1995 and 2000, a
total of 62 persons died in custody; some died as a result of illness
or suicide.
In October a Kadirga penal court opened hearings in a case against
prison administrators and guards in connection with the alleged suicide
in detention of Volkan Agirman on July 15. In September a court in
Fatih, a district of Istanbul, opened hearings in the case of seven
police officers charged in connection with the October 2001 death in
detention of Yunus Guzel.
In August an Ankara court ordered the Ministry of Interior to pay
$3,000 (4.8 billion TL) in compensation to the family of Ismet
Kavaklioglu, 1 of 10 prisoners who died in a security force operation
at Ankara Central Closed Prison in 1999. In March an Aydin criminal
court convicted 6 police officers and sentenced each to 5 \1/2\ years
imprisonment for the 1993 death in detention of Baki Erdogan, an
alleged leader of the Revolutionary People's Liberation Front (DHKP-C).
Trials continued in a number of cases from previous years,
including: The case of seven soldiers charged with killing and burying
a deaf shepherd in September 2001 in Van Province; three police
officers accused of killing trade unionist Suleyman Yeter in March 1999
while he was in custody at the Istanbul Security Directorate Political
Police Center; and the retrial of six members of a Diyarbakir Jandarma
antinarcotics squad accused of killing a businessman in 1991 and whose
convictions were reversed in 2000.
During the year the European Court of Human Rights (ECHR) ruled
against the country in five cases involving the unlawful deprivation of
life.
The Government, as well as the PKK, continued to commit a few human
rights abuses against noncombatants in the southeast. According to the
military, 7 civilians, 9 members of the security forces, and 25
terrorists died as a result of armed clashes.
In November an appeals court announced a verdict in the trial of 24
alleged Turkish Hizbullah militants who were indicted in July 2000 for
a number of murders, including those of journalists Ahmet Taner Kislali
and Ugur Mumcu. The court acquitted five defendants and sentenced the
others to prison terms ranging from life sentences to 45 months.
The HRA reported a nationwide total of 171 unsolved killings by the
end of September 2001, some of which may have had a political
component.
Landmine explosions in the southeast killed l3 persons. Another 16,
mostly children, were killed by unattended hand grenades or other
weapons.
Women continued to be victims of ``honor killings'' (see Section
5).
b. Disappearance.--There were no reports of politically motivated
disappearances.
Coskun Dogan remained missing since February despite repeated
attempts by family members, lawyers, and human rights workers to locate
him. Amnesty International (AI) reported that family members saw Dogan
on television among a group of detainees in February. Fatma Karakas,
attorney for the family, said she learned that Dogan, who was charged
with membership in an illegal organization, was detained in Tunceli and
then moved to Sivas. Officials provided conflicting information about
whether he was being detained. Karakas applied to the ECHR in May.
There were no developments in the 2001 disappearance of Serdar
Tanis and Ebubekir Deniz, officials HADEP. In October 2001 the ECHR
accepted their relatives' petition to investigate the case.
In February the Government amended the Penal Procedure Code to
require immediate notification of arrests, consistent with
constitutional amendments adopted in October 2001. However, according
to AI, the new regulations were not followed in many cases.
Accurate statistics on the disappearance in previous years of
persons under detention, or those seen being taken into custody by
security forces or law enforcement officials, were difficult to
confirm.
The Government continued to make efforts to investigate and explain
some reported cases of disappearance. The Ministry of Interior operated
the Bureau for the Investigation of Missing Persons, which was open 24
hours a day. Most families of persons who disappeared held the
Government and security forces responsible and consequently avoided
contact with the Bureau. During the year, 3,048 persons were recorded
as missing by the Security Directorate General, while 3,986 names were
deleted from the missing persons file. The families of 28 missing
persons applied to the Directorate seeking assistance; 7 of the missing
persons in these cases were found, 2 of whom were dead. Since 1996 431
persons were reported missing due to terrorist activities, including 12
during the year. Of these, 126 were found alive, 54 were found dead, 23
were found in prison, and 228 remained missing.
HRF estimated that approximately 200 persons disappeared between
1980 and 2000, with the numbers dropping steadily after 1996.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits such practices; however, some
members of the security forces continued regularly to torture, beat,
and otherwise abuse persons. Leftists and radical Islamists were more
likely than others to suffer torture. Despite the Government's
cooperation with unscheduled foreign inspection teams, public pledges
by successive governments to end the practice, and government
initiatives designed to address the problem, torture continued to be
widespread, particularly in the southeast. However, domestic human
rights advocates and a variety of foreign observers continued to report
a gradual decrease in the practice.
HRF estimated the number of credible applications by torture
victims at its 5 national treatment centers to be approximately 965,
compared with 1,200 in 2001. These figures included complaints stemming
from previous years' incidents. Human rights advocates believed that
thousands of detainees were tortured during the year in the southeast,
where the problem was particularly serious, but that only 5 to 20
percent reported torture because they feared retaliation or believed
that complaints were futile.
Some of the factors affecting the lower rate of torture were
reductions in the periods of incommunicado detention; the near-absence
of PKK violence; the phased lifting of the state of emergency in the
southeast; and the increased scrutiny of the country due to its EU
candidacy.
AI visited 13 provinces during the year and concluded that torture
remained ``widespread'' and ``systematic,'' despite legal reforms
reducing periods of pretrial and incommunicado detention (see Section
1.d.). Torture was generally alleged to occur in the first 24 hours of
police or Jandarma detention. AI concluded that torture remained
pervasive regardless of the approval or disapproval of higher-ranking
government officials or political leaders. The European Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) reported that, during its March visit, delegates
gathered compelling evidence of torture and severe ill treatment of
several persons held in Diyarbakir in late 2001.
Human rights observers and medical experts said that security
officials often used methods that did not leave physical traces, such
as beating detainees with weighted bags instead of clubs or fists, or
applying electric shocks to a metal chair where the detainee sits,
rather than directly to the body. Commonly employed methods of torture
reported by AI and the HRF's treatment centers included: Repeated
beatings; stripping and blindfolding; exposure to extreme cold or high-
pressure cold water hoses; electric shocks; beatings on the soles of
the feet (falaka) and genitalia; hanging by the arms; food and sleep
deprivation; heavy weights hung on the body; water dripped onto the
head; burns; hanging sandbags on the neck; near-suffocation by placing
bags over the head; vaginal and anal rape with truncheons and, in some
instances, gun barrels; squeezing and twisting of testicles; and other
forms of sexual abuse. In some cases, multiple torture methods (e.g.,
hanging and electric shocks) were employed at the same time. Other
methods used were forced prolonged standing, isolation, loud music,
witnessing or hearing incidents of torture, being driven to the
countryside for a mock execution, and threats to detainees or their
family members.
Female detainees often faced sexual humiliation and, less
frequently, more severe forms of sexual torture. After being forced to
strip in front of male security officers, female detainees were
sometimes touched, insulted, and threatened with rape. The Legal
Counsel Project Against Sexual Harassment and Rape, an NGO affiliated
with the HRA, estimated that three-quarters of female detainees had
experienced sexual violence, but only one-sixth of those who had
undergone such violence reported it to the authorities.
Human rights attorneys and physicians who treated victims of
torture said that most persons detained for or suspected of illegal
political activities were generally tortured by police and Jandarma
during periods of incommunicado detention before they were brought
before a court; ordinary criminal suspects also reported frequent
torture and mistreatment by police. In October 2001, the Constitution
was amended to allow the Government to demand members of the security
forces who are responsible for torture to pay compensation for civil
torture claims awarded in ECHR rulings; the methods of compliance had
not been created by year's end.
Because the arresting officer is responsible for interrogating the
suspect, officers sometimes resorted to torture to obtain a confession
that would justify the arrest. Although there was a law prohibiting
evidence obtained under torture from being used in court, in practice
prosecutors rarely followed up on detainees' allegations of torture.
Reportedly police practice toward those arrested for ordinary crimes
(who are beaten until they give a confession) and those arrested for
``political'' crimes differed. Observers said that security officials
often tortured political detainees. For example, many alleged Hizbullah
members claimed that they were tortured in custody, a claim that has
been supported in some cases by medical evidence. However, the human
rights NGO Mazlum-Der did not record any claims of torture by Hizbullah
prisoners during the year.
Yuksel Azak, a distributor of the pro-Kurdish newspaper ``Yedinci
Gundem'' and member of HRA and HADEP, claimed police gave him electric
shocks, hooded him with a plastic bag, and hung him by the arms after
he was arrested in January in Bingol; he was released after 3 days.
In March eight juveniles were arrested in Hacilar in Sanliurfa
Province after a statue of Ataturk on the local school premises was
broken. Police allegedly blindfolded, beat, threatened, and forced them
to stand outside in the rain through the night. Also in March, Hamdiye
Aslan was allegedly tortured and anally raped with a truncheon while
she was being held in Mardin Police Headquarters. The local medical
chamber has opened a case against two doctors who reported that she had
not been tortured. Another doctor who stated she had injuries
consistent with ill treatment was transferred to Diyarbakir. The Mardin
prosecutor opened an investigation of five police officers for
involvement in the case. A 23-year-old woman detained in Istanbul in
March was allegedly tortured and raped with pressurized water, stripped
naked, spat at, and forced to sit in excrement.
In April two Istanbul Anti-Terror Branch officers were found guilty
of hanging Abdurrahim Demir by the arms and squeezing his testicles,
beating him on the soles of the feet, and giving him electric shock.
The court found them guilty of mistreatment, rather than torture, and
the officers' sentences were suspended due to a conditional amnesty. In
July Halit Tosun and Ferdi Denizhan claimed that police tortured them
after they were detained in Orabaglar on June 25. They said police
believed they had been kidnaped by members of HADEP for recruitment in
KADEK, and that police beat them and deprived them of sleep in order to
force them to provide information against HADEP.
In September attorney Metin Iriz announced that he would file
charges against Istanbul police and physicians for the alleged torture
of two juveniles arrested on May 5 for suspected involvement in a
murder; police at Istanbul headquarters allegedly tortured the
juveniles for 4 days. Afterward physicians initially reported that the
suspects were in good health, but after a complaint was filed, a
separate examination concluded that they had been beaten and given
electric shock.
In September 2001, police raided the HRF's Diyarbakir torture
treatment center and confiscated the files of 365 persons who sought
treatment for alleged torture. The files were returned the following
month. A case was later opened against Sezgin Tanrikulu, HRF Diyarbakir
representative, for illegally operating a health clinic and possessing
banned publications. Tanrikulu was acquitted of the former charge in
April and at year's end continued to face charges on the latter.
State-employed doctors administered all medical exams for
detainees. Medical examinations occurred once during detention and a
second time before either arraignment or release; however, the
examinations generally were exceedingly brief and informal, often
lasting less than 1 minute. In some cases, doctors were brought reports
to sign, but no examinees. Former detainees asserted that some medical
examinations occurred too long after an incident of torture to reveal
any definitive evidence of torture. Lawyers contended that medical
reports--their only basis for filing a claim of torture--were not
placed regularly in prisoners' files. The Turkish Medical Association
played a leading role in the development, under U.N. auspices, of the
December 2000 ``Istanbul Protocol,'' which was an alternative medical
report process that instructed doctors how to identify late signs of
torture and signs of psychological torture. Prosecuting attorneys in
torture cases could request exams under this process for their clients.
According to the Medical Association, only about 200 of 80,000 doctors
in the country were forensic specialists, and detainees were examined
by general practitioners and specialists not qualified to detect signs
of torture.
Turkish Medical Association Secretary General Metin Bakkalci
claimed that during the year the Government took actions against
doctors for reporting torture. He said Dr. Emin Yuksel was charged with
a crime for reporting torture.
Citing security reasons, members of security and police forces
often stayed in the examination room when physicians were examining
detainees, resulting in the intimidation of both the detainee and the
physician. CPT reported that law enforcement officials in Diyarbakir
were systematically present while doctors examined suspects, even when
suspects objected. On September 18, the Justice Ministry issued a
regulation requiring doctor-patient privacy during the examination of
suspects, reinforcing existing Health Ministry regulations. Exceptions
were allowed in cases where the doctor or suspect requested police
presence for security reasons. However, the Medical Association claimed
that doctors were subject to disciplinary procedures or court cases if
they requested that security officials leave the examination room.
According to the Medical Association and other human rights observers,
the presence of a security officer could lead physicians to refrain
from examining detainees, perform cursory examinations and not report
findings, or report physical findings but not draw reasonable medical
inferences that torture occurred.
The law mandates heavy jail sentences and fines for medical
personnel who falsify reports to hide torture, those who knowingly use
such reports, and those who coerce doctors into making them. The
highest penalties are for doctors who supply false reports for money.
In practice there were few such prosecutions. The Medical Association
has the authority to levy fines and suspend for up to 6 months the
licenses of doctors who falsify reports. However, Association officials
say they were unable to enforce these sanctions because most doctors
worked at least partly for the state, which protected the sanctioned
doctors.
Government officials admitted that torture occurred but denied that
it was systematic. The armed forces emphasized human rights in training
for officers and noncommissioned officers throughout the year.
Noncommissioned police officers received 2 years of training, an
increase from only 10 months in the past. Police and Jandarma also
received human rights training.
The investigation, prosecution, and punishment of members of the
security forces for torture or other mistreatment was rare, and accused
officers usually remained on duty pending a decision, which could take
years. Legal, administrative, and bureaucratic barriers impeded
prosecutions and contributed to the low number of convictions for
torture. Prosecutors could initiate investigations of police or
Jandarma officers suspected of torturing or mistreating suspects but
could not prosecute without the officer's supervisor's permission. At
year's end, Parliament was reviewing a bill that would remove the
requirement to obtain such permission. Prior to the lifting of the
state emergency in November, any prosecution or legal action directed
at government authorities had to be approved by the State of Emergency
Regional Governor; approval was rare. The law allows prosecutors to
open investigations against persons suspected of falsely accusing a
civil servant based on ``enmity, hatred or slandering.''
The failure to enforce domestic and international bans on torture
fostered a climate of official impunity that encouraged the abuse of
detainees. Detainees stated that prosecutors ignored their claims of
abuse during interrogation. Some prosecutors believed that all
allegations of torture were manipulated by political organizations such
as the PKK and claimed that detainees fabricated torture claims and
injured themselves to accuse and defame the security forces.
According to a 1999 Prime Ministry directive, public prosecutors
are required to make unscheduled inspections of places of detention to
look for torture and other maltreatment and to report to the Prime
Minister the results of their inspections. Although the Ministry of
Interior stated that thousands of such inspections took place and were
reported to the Ministry, human rights advocates and some prosecutors
termed such inspections cursory and unlikely to lead to criminal
charges against the police. The reports were not made public by year's
end.
By the end of November, prosecutors received 980 cases alleging
torture by police and Jandarma. Of these, 456 cases were processed,
resulting in 147 indictments and 309 case dismissals. According to the
Ministry of Justice, the remaining 524 cases were still under
investigation at year's end.
A total of 147 torture cases involving police and Jandarma were
brought to court during the year. Of these, 91 cases were completed,
resulting in 16 convictions, 49 acquittals, 15 suspended sentences, and
11 case dismissals. During the year, court proceedings were opened
against 21 military personnel accused of torture. The case against two
officers was dismissed; the other cases were ongoing at year's end.
During the year, 87 police officers received administrative
punishments, such as short suspensions, for torture or mistreatment.
In November the Supreme Court of Appeals overturned a lower court
ruling that had converted charges of torture against two policemen to
``maltreatment.'' The police allegedly administered electric shock to
detainees. The appeals court declared torture a ``crime against
humanity'' and stated that the defendants should be punished on torture
charges.
In January a Diyarbakir Prosecutor indicted two anti-terror police
officers for violations of Article 243 of the Criminal Code in
connection with the torture of HADEP member Hasan Irmak in May 2000.
The officers allegedly tortured Irmak to make him confess to a crime by
hosing him with pressured water, squeezing his testicles, and boxing
his ears while also employing methods of psychological torture
including verbal threats.
In 2001 former detainees (or family members of current detainees)
who spoke out in late 2000 at a conference about their sexual abuse
under detention at various times during the last 7 years were indicted
under article 159 of the Penal Code for ``insulting security forces.''
In several of the detainees' cases, police officers were on trial for
the alleged sexual abuse. In May 2001, new charges were brought against
five of these women, on the grounds that they ``incited racial and
religious enmity'' because they used the expression ``Kurdish women''
in their speeches. Subsequently in August 2001, a book of their
speeches was banned and the editor was standing trial for
``divisiveness'' at year's end.
In May and June 2000, Parliament's Human Rights Committee, under
Chairwoman Sema Piskinsut, released a series of comprehensive and
highly critical reports on prison conditions throughout the country.
Piskinsut, who interviewed over 8,000 prisoners, refused to divulge the
names of the alleged torture victims. In July 2001, the acting chief
prosecutor asked Parliament to lift Piskinsut's parliamentary immunity
so that she could be prosecuted for refusing to provide the names. In
October 2001, the president of the Parliament decided to comply with
the prosecutor's demand; however, the Constitutional Committee did not
act on the request. By year's end, no action had been taken against
Piskinsut, who lost her seat in Parliament in the November elections.
In October the Manisa Penal Court convicted 10 police officers of
torture and sentenced them to prison terms ranging from 60 to 130
months. The high-profile case involved 16 youths tortured in police
detention in 1996. The verdict was under appeal at year's end.
On September 25, an Istanbul court convicted 5 police officers and
sentenced each to 14 months' imprisonment for torturing 9 detainees in
1996, including journalists from the leftist newspaper ``Atilim.'' Two
other officers were acquitted in the case. The case was under appeal at
year's end. Three of the convicted officers--Bayram Kartal, Sedat Selim
Ay, and Yusuf Oz--were also convicted in December in a separate trial
involving the torture of 15 detainees in 1997, most of whom were also
associated with ``Atilim.'' However, their sentences were suspended.
Many cases from previous years remained ongoing or were unresolved,
including the cases of: Police officers Kerem Dondu and Benal Demir for
the alleged rape of a detainee in Istanbul in 2001 (the officers were
dismissed from duty but criminal proceedings continued); Sergeant Hasan
Oz and Lance Corporals Bayram Dilmac and Nadir Murat Demir, accused of
torturing 11 persons from the villages of Elveren and Hanoglu and the
town of Sivasli in January 2001 at the Sivasli district Jandarma
station in Usak Province; and 5 police officers and 6 physicians
charged in Sirnak Criminal Court in connection with the alleged torture
of 7 persons in March 2001.
Some cases from previous years remained ongoing or were unresolved,
including the cases of: HADEP officials including the deputy mayor of
Diyarbakir, Ramazan Tekin, and the president of HADEP who alleged that
they were tortured while in detention in 2000; Dr. Zeki Uzun, a
gynecologist who volunteers at the HRF Izmir treatment and
rehabilitation center, who continued to pursue legal redress through a
civil court and the ECHR for his alleged torture while in custody in
October 1999; four defendants in Istanbul who were accused of being
members of the Turkish Workers and Peasants' Liberation Army (TIKKO)
have been jailed since 1995 without having been convicted and whose
trials were pending the outcome of a case against four police officers
accused of torturing them (one of the accused persons was released from
prison following a hunger strike).
During the year, the ECHR ruled against the country in three cases
involving torture.
Although the law provides special safeguards for children in police
custody, police officers and prosecutors frequently circumvented or
ignored these provisions. The law stipulates that the state prosecutor
or a designated assistant should carry out interrogations of minors and
that minors must be provided with lawyers; however, in practice police
and prosecutors often denied minors access to lawyers and failed to
inform parents. Children and juveniles detained under the Anti-Terror
Law also may have been subjected to other forms of mistreatment.
Children as young as 11 years of age who were accused of SSC crimes
were treated as adults.
Police harassed, beat, and abused demonstrators (see section 2.b.).
As a result of the 1984-99 conflict with the PKK, the Government
continued to organize, arm, and pay a civil defense force of more than
65,000, mostly in the southeast region. This force, known as the
village guards, had a reputation for being the least disciplined of the
Government's security forces and have been accused repeatedly of drug
trafficking, rape, corruption, theft, and human rights abuses.
Inadequate oversight and compensation contributed to this problem, and
in some cases Jandarma allegedly have protected village guards from
prosecution. In addition to the village guards, Jandarma and police
``special teams'' were viewed as those most responsible for abuses.
However, the incidence of credible allegations of serious abuses by
security forces, in the course of operations against the PKK, was low.
Prison conditions remained poor, despite several improvements.
Underfunding and poor administration of penal facilities remained
problems. Most prisons lacked adequate medical care for routine
treatment or even medical emergencies. Inmates' families often had to
supplement the poor quality food.
Until late 2000, prisons were run on the ward system and most
prisoners lived in 30- to 100-person wards. Under the ward system,
prisoners accused of terrorism and those who shared similar ideological
views were incarcerated together. In some cases, the ward inmates
indoctrinated and punished fellow prisoners, resulting in gang and
terrorist group domination of entire wards. Prison authorities were
prevented from conducting rehabilitation activities. Between December
2000 and January 2001, the Ministry of Justice moved hundreds of
prisoners charged with terrorism or organized crime to small-cell ``F-
type'' prisons. The F-type design more closely resembled prisons found
in most developed countries; according to the Government, the F-type
prisons were consistent with CPT recommendations. However, human rights
groups and prisoners' groups claimed that prison authorities isolated
F-type inmates from each other and controlled prisoners' access to
water, food, electricity, and toilets. Most F-type prisoners were held
in 30 square yards each; some have individual 2-square-yard cells.
Inmates had access to 62-square-yard open-air areas. Prisoners charged
with ordinary crimes were being transferred to prisons with 4 to 8
inmates per cell. The ward system is scheduled to be phased out by
early 2003.
HRF maintained that the Government provided insufficient funding
for prison food, resulting in poor-quality meals. On June 28, about 100
wardens and inmates in Sincan F-type Prison in Ankara suffered food
poisoning. According to HRF, food sold at prison shops was too
expensive for most inmates, and there was a lack of potable water.
The Government maintained that prisons were staffed with doctors,
dentists, psychologists, and teachers, although there were shortages in
some areas. According to the Turkish Medical Association, there were
insufficient doctors, and psychologists were only available at the
largest prisons.
Some inmates claimed they were denied appropriate medical treatment
for serious illness. A group of prisoners in Midyat Prison in Mardin
Province said they were not able to receive effective treatment at
Midyat and were denied transfers to other prisons with better-equipped
medical facilities. They included: Fatma Savci, allegedly suffering
from a cyst in her chest and dysentery; Guzel Cicek, allegedly
suffering from a cyst in her chest and a hernia; and Fatma Ozbay,
allegedly suffering from migraines and anemia. In October inmates in
Bayrampasa Special Type Prison in Istanbul said that prisoners who had
been transferred there for medical treatment had been denied treatment.
They claimed the poor conditions at the prison had caused increasing
levels of pneumonia and Hepatitis B.
Inmates in F-type prisons were permitted to socialize in groups of
10 for up to 5 hours per week. In October, at the recommendation of the
CPT, the Ministry of Justice removed the requirement that inmates must
engage in a prior communal activity (such as sports, workshops or
education) before participating in group meetings. Inmates charged with
terrorism had generally refused to participate in communal activities
and were therefore denied the opportunity to meet in groups.
In September the Istanbul Branch of the Association of Contemporary
Jurists issued a report claiming that F-type prison authorities
subjected attorneys to unnecessary searches and arbitrarily interfered
with inmates' letters and telephone calls.
In September the Women's Commission of the Diyarbakir Bar
Association announced the results of a study of female detainees and
inmates in five southeastern provinces. According to the study, 99
percent of female detainees and inmates were subjected to ``virginity
testing'' and many suffered other forms of physical or sexual violence
(see Section 5).
In December prosecutors in Istanbul indicted 38 employees of
Bakirkoy Prison for Women and Children on charges of mistreating
prisoners and official misconduct.
Prisoners continued hunger strikes to protest F-type prisons.
According to the Government, 17 prisoners were on hunger strike as of
mid-October. Due to health concerns, judicial authorities suspended the
sentences of 324 hunger strikers, while the President pardoned 36 and
the courts released 80 from pretrial detention. According to HRA,
approximately 26 hunger strikers died during the year, bringing the
death toll to 75 since the strikes began. The Government alleged that
terrorist groups forced weaker members to conduct the hunger strikes
and threatened family members of those who wanted to quit.
The trial against 1,615 persons on duty at Bayrampasi prison during
the December 2001 hunger strike was ongoing at year's end. The trial
against 167 prisoners also remained ongoing.
Human rights observers estimated that at any given time, at least
one-quarter of those in prison were awaiting trial or the outcome of
their trial. Men and women were held separately. Despite the existence
of separate juvenile facilities, at times juveniles and adults were
held together. Pretrial detainees were not usually held separately from
convicted prisoners.
The Ministry of Justice, the General Directorate of Prisons, and
the Parliamentary Human Rights Committee regularly inspected prisons
and issued reports. Prison Monitoring Boards--five-person visiting
committees composed of nongovernmental experts such as doctors and
lawyers--also conducted inspections. During the year, the Government
reached its target of creating 130 Monitoring Boards. The boards
conducted 516 visits, prepared 1,336 reports, and made 5,853
recommendations for improvements to the Ministry of Justice. The number
of special prison judges reached 140. Through July these judges
received 4,527 petitions relating to prison conditions and sentences;
they admitted 1,308 petitions, partially admitted 140, and rejected
3,079.
Human rights groups criticized the Government's selection of
Monitoring Board representatives. Turkish Medical Association officials
said the Government did not consult them on Board membership and
selected only state-employed doctors for the bodies. Bar associations
also said that their preferred candidates were not selected. Doctors
and lawyers in Konya and Izmir were preparing to form ``alternative''
boards with members not selected by the Government.
The Government permitted prison visits by representatives of some
international organizations, such as the CPT and the U.N. Special
Rapporteur on Torture; the CPT visited in March and September, and
conducted ongoing consultations with the Government. Requests by the
CPT to visit prisons were routinely granted; however, domestic NGOs did
not have access to prisons.
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention continued to be problems. According to HRA, there were 35,389
detentions by the end of September 2001, compared with 35,007 in 2000.
During the year, police routinely detained demonstrators, including
those protesting prison conditions (see Section 2.b.). Police detained
dozens of members of the legal pro-Kurdish party HADEP on several
occasions (see Section 3). The Government continued to detain persons,
particularly in the southeast, on suspicion of links to Hizbullah,
including teachers and imams. More than 500 Hizbullah suspects remained
in detention pending trial or investigations. Police also detained
human rights monitors (see Section 4).
To take a person into custody, a prosecutor must issue a detention
order, except when suspects are caught committing a crime by the
police. In the former state of emergency area, the use of a
prosecutor's detention order was in practice extremely rare. The
maximum detention period for those charged with individual common
crimes was 24 hours, which could be extended by a judge to a maximum of
7 days; those charged with collective common crimes could be held for
48 hours.
Under the criminal code, detainees are entitled to immediate access
to an attorney and may meet and confer with an attorney at any time,
although this does not apply to state security cases. In practice legal
experts asserted that the authorities did not always respect these
provisions and that most citizens did not exercise this right, either
because they were unaware of it or because they feared antagonizing the
authorities. By law a detainee's next of kin must be notified as soon
as possible after arrest; in criminal and civil cases this requirement
was observed. Once formally charged by the prosecutor, a detainee is
arraigned by a judge and allowed to retain a lawyer. After arraignment
the judge may release the accused upon receipt of an appropriate
assurance, such as bail, or order him detained if the court determined
that he was likely to flee the jurisdiction or destroy evidence.
Private attorneys and human rights monitors reported uneven
implementation of these regulations, particularly attorney access.
During its March visit, the CPT discovered that nearly every person
detained over the previous 9 months at the Anti-Terror and Narcotics
departments of the Diyarbakir Police Headquarters were recorded as
having waived their right to see an attorney. Lawyers rarely were
permitted adequate access to their clients during the detention period,
although they could be allowed to exchange a few words during a brief
interview in the presence of security officers. According to the
Lawyers Committee for Human Rights, the secretive nature of arrests and
detentions often left the detainee's lawyer and family members with no
information about the detention, and police often refused to disclose
the place of detention or even the fact that the detainee was being
held.
Lengthy pretrial detention was a problem. Although the Constitution
specifies the right of detainees to request speedy arraignment and
trial, judges have ordered that some suspects be detained indefinitely,
at times for years. Many such cases involved persons accused of violent
crimes, but there were cases of those accused of nonviolent political
crimes being kept in custody until the conclusion of their trials,
generally in SSC cases.
By the end of November, there were 59,080 persons held in prisons,
including 29,422 detainees and 29,658 convicts. Detainees may be held
for up to 6 months during the preliminary investigation period. If a
case is opened, the pretrial detention period may be extended for up to
2 years. If the detainee is charged with a crime carrying a minimum
punishment of 7 years or more, a court may further extend the detention
period.
In state security cases, the law did not require attorney access
until after 48 hours of detention, a major factor in the continued use
of torture by security forces (see Section 1.c.). At year's end,
Parliament was reviewing a bill that would require immediate attorney
access for detainees in state security cases. Persons detained for
individual crimes under the Anti-Terror Law must be brought before a
judge within 48 hours. Those charged with crimes of a collective,
political, or conspiratorial nature may be detained for an initial
period of up to 4 days at a prosecutor's discretion and, with a judge's
permission, which is almost always granted, for up to 7 days.
Previously, prosecutors could extend this period to 10 days in the
former state of emergency region, but an amendment passed in February
established the 7-day limit nationwide.
Regulations on detention and arrest procedures adopted in September
strengthened the requirement promptly to notify relatives of an arrest;
however, according to human rights monitors this regulation has been
inconsistently followed. The police maintained 24-hour monitoring
bureaus that were required to record detentions on computers. However,
at times legal limits on detention periods reportedly were circumvented
by subjecting a detainee to successive charges or falsifying detention
records.
During the year, the ECHR ruled against the country in six cases
involving unlawful arrest and detention.
On May 12, the terrorist TIKKO abducted and then released five
persons in Giresun Province.
The Constitution prohibits forced exile, and the Government did not
employ it. There were no new cases of internal exile during the year.
The State of Emergency Regional Governor had the authority to remove
individuals from the region if they were deemed ``prone to disturb
general security and public order.'' Internal exile under this
authority was not supposed to exceed the duration of the state of
emergency. However, human rights activists claimed that those who had
previously been exiled from the southeast were not generally able to
return by year's end.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary, and in practice the general law courts generally
acted independently of the executive and legislative branches; however,
various government and judicial officials discussed the need to adopt
legislative changes to ensure the judiciary's independence. The
Constitution prohibits state authorities from issuing orders or
recommendations concerning the exercise of judicial power; however, in
practice the Government and the National Security Council (NSC), a
powerful advisory body to the Government composed of civilian
government leaders and senior military officers, periodically issued
announcements or directives about threats to the State, which could be
interpreted as instructions to the judiciary. The seven-member High
Council of Judges and Prosecutors, which was appointed by the President
and included the Minister of Justice and a deputy, selected judges and
prosecutors for the higher courts and was responsible for oversight of
those in the lower courts. Its decisions were not subject to review.
The composition of the High Council was widely criticized as
restricting the independence of the judiciary, since the Minister of
Justice was part of the legislative branch of the Government. Although
the Constitution provides for security of tenure, the high council
controlled the career paths of judges through appointments, transfers,
promotions, reprimands, and other mechanisms.
The judicial system was composed of general law courts, military
courts, the SSCs, and the Constitutional Court, the nation's highest
court. The Court of Cassation heard appeals for criminal cases,
including appeals from the SSCs. The Council of State heard appeals of
administrative cases or cases between government entities. Most cases
were prosecuted in the general law courts, which include civil,
administrative, and criminal courts. Public servants, including police,
could be tried only after administrative approval from the governor or
subgovernor, who centrally appointed positions.
The Constitutional Court examines the constitutionality of laws,
decrees, and parliamentary procedural rules and hears cases involving
the banning of political parties. If impeached, ministers and prime
ministers can be tried in the Constitutional Court. However, the court
may not consider ``decrees with the force of law'' issued under a state
of emergency, martial law, or in time of war.
Military courts, with their own appeals system, heard cases
involving military law, for members of the armed forces, and could try
civilians who are accused of impugning the honor of the armed forces or
undermining compliance with the draft.
SSCs were composed of panels of five members: Three civilian judges
and two prosecutors. SSCs sat in eight cities and tried defendants
accused of crimes such as terrorism, drug smuggling, membership in
illegal organizations, and espousing or disseminating ideas prohibited
by law, such as those ``damaging the indivisible unity of the State.''
These courts may hold closed hearings and may admit testimony obtained
during police interrogation in the absence of counsel. SSC verdicts may
be appealed only to a specialized department of the Court of Cassation
dealing with crimes against state security. During the year, the SSCs
dealt mainly with cases under the Anti-Terror Law and sections of the
criminal code relating to free expression. Human rights observers cited
prosecutions of leaders of the political Islamic movement, political
leaders associated with the Kurdish issue, and persons who criticized
the military or the Government's practices as evidence that the SSCs
often served the primarily political purpose of silencing persons who
criticized the Government.
The law gives prosecutors far-reaching authority to supervise the
police during an investigation. Prosecutors complained that they had
few resources to do so, and many have begun to call for ``judicial
police'' who could help investigate and gather evidence. Human rights
observers and Ministry of Justice officials noted that problems could
arise from the fact that the police report to the Interior Ministry,
not to the courts. Prosecutors also are charged with determining which
law has been broken and objectively presenting the facts to the court.
Defense lawyers did not have equal status with prosecutors. Defense
attorneys continued to face intrusive searches when visiting
incarcerated clients. Prisoners also were searched before and after
meeting their attorneys. Although prisoners may by law be forced to
surrender defense-related documents for review, this rarely occurred in
practice. Attorneys were suspected by prison authorities and
prosecutors of acting as couriers for their clients, particularly those
incarcerated for mafia or terror crimes. Defense attorneys generally
had access to the public prosecutor's files only after arraignment and
routinely were denied access to files that the Government asserted
dealt with national intelligence or security matters, particularly in
SSC cases.
The harassment of lawyers involved in political cases in the
southeast and throughout the country continued. Many attorneys were
willing to defend politically sensitive cases and provide greater
mutual support within the profession. However, attorneys could face
criminal charges and other harassment, particularly if they defended
clients accused of terrorism or illegal political activity, pursued
torture cases, or sought prompt access to their clients (which police
often viewed as interference). During the year, attorney Kasim Alpkaya
faced charges of ``insulting government officials'' for refusing to
allow prison officials in Diyarbakir to search him.
There is no jury system; a judge or a panel of judges decides all
cases. The Constitution provides for the right to a speedy trial;
however, at times trials lasted for years (see Section 1.d.). Trials
for political crimes or torture frequently lasted for months or years,
with one hearing usually scheduled each month. Proceedings against
security officials often were delayed because officers did not submit
statements promptly or attend trials. Illegally gathered evidence may
be excluded by law. However, this rarely occurred and then only after a
separate case determining the legality of the evidence was resolved. In
practice a trial based on a confession allegedly coerced under torture
may proceed and even conclude before the court has established the
merits of the torture allegations (see Section 1.c.).
By law the Bar Association must provide free counsel to indigents
who make a request to the court, except for crimes falling under the
scope of the SSCs. In practice only a tiny percentage of defendants had
lawyers. The court consistently provided attorneys only to minors or
deaf-mutes who could not represent themselves. Bar associations in
large cities, such as Istanbul, had attorneys on call 24 hours a day;
costs were borne by the Association.
In law and in practice, the legal system did not discriminate
against any ethnic, religious or linguistic minorities; however, while
legal proceedings were conducted solely in Turkish with some
interpreting available, some defendants whose native language was not
Turkish could be disadvantaged seriously.
The Government recognized the jurisdiction of the ECHR. Between
October 2001 and July, 1,874 applications regarding Turkey were made to
the ECHR. The majority of these--1,125 cases--involved the right to a
fair trial; 304 concerned the right to liberty and security; 246
concerned the prohibition of torture; 104 concerned freedom of assembly
and association; and 95 concerned freedom of expression. According to
the European Commission, the Government's failure to execute ECHR
judgments remained a serious problem. The Commission reported in
October that there were 90 outstanding cases in which the Government
failed to fully make payments ordered by the ECHR and 18 cases relating
to freedom of expression in which the Government failed to erase the
consequences of criminal convictions overruled by the ECHR. In July the
Council of Europe adopted an interim resolution regarding Turkey's lack
of compliance with approximately 40 ECHR judgements on violations by
Turkish security forces issued since 1996.
During the year, the ECHR ruled against the Government in 54
cases--including 22 cases involving the right to a fair trial and 21
involving dispossession of property (from villages in the southeast)--
and in favor of the Government in 2 cases. The Government accepted a
friendly settlement in 43 cases, and the ECHR dismissed one case.
In August Parliament passed an amendment under which rulings of the
ECHR could be grounds for a re-trial in a Turkish court. Previously,
those who won their cases at the ECHR were only entitled to financial
compensation. Re-trial applications must be approved by the General
Legal Council of the Court of Appeals. The measure was not retroactive;
it applied only to cases to be brought to the ECHR starting in 2003. At
year's end, Parliament was reviewing a bill that would allow the
measure to be applied to most past cases.
The ECHR continued its inquiry into former PKK leader Abdullah
Ocalan's allegations regarding irregularities of his capture and trial
in the country. Human rights observers, including the U.N. High
Commissioner for Human Rights, had raised several due process concerns
in the Ocalan case.
HRA estimated that there were approximately 8,000 political
prisoners, including leftists, rightists and Islamists. Of these,
approximately 1,500 were members of Hizbullah or other radical Islamic
organizations. Justice Minister Aysel Celikel criticized these figures
in an October speech and stated that there were 73 prisoners charged
with ``conscience crimes'' for violating various anti-terror and speech
codes. The Government claimed that alleged political prisoners were in
fact security detainees convicted of being members of, or assisting,
terrorist organizations. According to the Government, there were 7,832
convicts and detainees held on terrorism charges at year's end.
International humanitarian organizations were allowed access to
``political'' prisoners, provided the organization could obtain
permission from the Ministry of Justice. With the exception of the CPT,
which generally had good access, in practice few such permissions were
granted (see Section 1.c.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the inviolability of a
person's domicile and the privacy of correspondence and communication;
however, at times the Government infringed on these rights. With some
exceptions, government officials may enter a private residence and
intercept or monitor private correspondence only after the issuance of
a judicial warrant. These provisions generally were respected outside
the former state of emergency region. If delay may cause harm to a
case, prosecutors may authorize a search. Searches of private premises
may not be carried out at night, unless the delay would be damaging to
the case or the search is expected to result in the capture of a
prisoner at large; other exceptions include persons under special
observation by the security directorate general, places anyone can
enter at night, places where criminals gather, places where materials
obtained through the commission of crimes are kept, gambling
establishments, and brothels.
Prior to November when the state of emergency was lifted, in the
provinces under the state of emergency, the Regional Governor empowered
security authorities to search without a warrant residences or the
premises of political parties, businesses, associations, or other
organizations. The Bar Association maintained that it was not
constitutional for security authorities in these provinces to search,
hold, or seize without warrant persons or documents. By the end of
July, seven provinces remained under ``adjacent province'' status,
which authorized the Jandarma to retain security responsibility for
municipalities as well as rural areas, and granted the provincial
governor several extraordinary powers. From July to November, four
provinces were under ``adjacent province'' status.
The law permits wider wiretapping, but a court order is needed to
carry out a wiretap. However, in an emergency situation, a prosecutor
may grant permission. The wiretap may last only 3 months, with two
possible extensions of 3 months each. A constitutional amendment
protects the right to privacy of person and domicile by requiring
written authorization for searches and wiretapping, and they may only
be used for reasons of national security. These regulations were
generally respected in practice.
Defense attorneys continued to face intrusive searches when
visiting incarcerated clients (see Section 1.e.).
The Government bans the wearing of religious head coverings in
government offices, other state-run facilities, and universities (see
Sections 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 continued
to limit these freedoms in some cases. The Government, particularly the
police and judiciary, limited freedom of expression through the use of
constitutional restrictions and numerous laws including: Article 8 of
the 1991 Anti-Terror Law (disseminating separatist propaganda); Penal
Code articles 312 (incitement to racial, ethnic, or religious enmity);
159 (insulting Parliament, the army, republic, or judiciary); 160
(insulting the Turkish Republic); 169 (aiding an illegal organization);
the Law to Protect Ataturk; and over 150 articles of the Press Law
(including a provision against commenting on ongoing trials). While
prosecutors brought dozens of such cases to court each year--which
constitute a form of harassment against writers, journalists, and
political figures--judges dismissed many charges brought under these
laws.
Parliament passed broad reform packages in February, March, and
August that included amendments to most of these laws. The reforms
generally limited the scope of these laws and, in some cases, reduced
the penalties for violators. For example, under the revised Article 159
of the Penal Code, speech intended to criticize, but not insult, state
institutions is no longer illegal. Under the revised Article 8 of the
Anti-Terror Law, political activity is not illegal if it is not
intended to disrupt the unity of the state. According to the
Government, as of September, the reforms led to the Constitutional
Court overruling approximately 50 judgments made under Article 159 and
24 judgments under Article 312. However, the updated laws still
restrict non-violent expression. Court cases were still being brought
against writers and publishers, with an estimated 100 such cases
pending at year's end.
The Government continued to restrict the free expression of ideas
by individuals sympathetic to some Islamist, leftist, and Kurdish
nationalist or cultural viewpoints. Active debates on human rights and
government policies continued, particularly on issues relating to the
country's EU membership process, the role of the military, political
Islam, and the question of Turks of Kurdish origin as ``minorities'';
however, persons who wrote or spoke out on such highly sensitive topics
risked prosecution. Many individuals and groups who voiced opposition
to the new F-type prison regime faced charges, as did a group of women
who publicly accused security forces of rape.
During the year, the ECHR ruled against the country in six cases
involving freedom of expression.
According to the Publishers Association of Turkey, the Government
opened cases against 67 books and leveled charges against 35 publishers
and 48 writers during the year; in 2001 the Government opened cases
against 42 books and charged 23 publishers and 38 writers.
Independent domestic and foreign periodicals that provided a broad
spectrum of views and opinions, including intense criticism of the
Government, were available widely, and the newspaper business was
extremely competitive. However, news items reflected a progovernment
bias. For example, persons killed by security forces during operations
in the southeast often were described as ``terrorists'' without proof
of terrorist activities.
Broadcast media reached almost every adult and their influence,
particularly that of television, was great. According to the High Board
of Radio and Television (RTUK), there were 226 local, 15 regional, and
16 national officially registered television stations, and 959 local,
104 regional and 36 national radio stations. Other television and radio
stations broadcast without an official license. The wide availability
of satellite dishes and cable television allowed access to foreign
broadcasts, including several Turkish-language private channels. The
state owned and operated the Turkish Radio and Television Corporation.
The law makes it illegal for broadcasters to threaten the country's
unity or national security and limits the private broadcast of
television programs in languages other than Turkish that were not world
languages, such as Kurdish. RTUK monitored broadcasters and sanctioned
them if they are not in compliance with relevant laws. Parliament
elected the RTUK members (divided between ruling and opposition
parties) and provided its budget. Although nominally independent, RTUK
was subject to some political pressures. RTUK penalized private radio
and television stations for the use of offensive language, libel,
obscenity, instigating separatist propaganda, or broadcasting programs
in Kurdish. In general RTUK suspended television broadcasts for 1 day,
and radio broadcasts for longer terms such as 3 to 6 months, usually
for violating laws prohibiting the broadcast of ``terrorist
organization declarations.'' RTUK decisions may be appealed to the
Provincial Administrative Court and then to the Council of State
(Danistay). In some cases, such appeals were successful.
In May Parliament approved amendments increasing the number of
government representatives on the RTUK Supreme Council. Under the new
rules, one member of the nine-person council was chosen from among
candidates nominated by the NSC, and two were chosen from among
candidates nominated by the Higher Education General Board. Reporters
Without Borders criticized the amendments for ``tightening official
control'' over RTUK. The organization also criticized other amendments
that enhanced RTUK's power to levy penalties against media outlets,
outlawed broadcasts that ``aggravate the tendency of pessimism,'' and
authorized RTUK to regulate Internet speech.
According to HRA, RTUK closed TV and radio stations on 68 occasions
in the first 6 months of the year. According to RTUK, from May through
October, RTUK closed television stations on 22 occasions for periods of
1 or 2 days, and 1 radio station for 30 days. RTUK issued warnings to
television stations on 9 occasions and to radio stations on 2
occasions, and required apologies from television stations on 26
occasions and from radio stations on two occasions.
RTUK closed the radio station Moral FM for 1 month in September for
quoting a newspaper headline related to the attempted suicide of a
government minister. In August RTUK reportedly closed the local
television station Bayrak TV, broadcasting from Yozgat Province, for 3
days after its owner gave a political speech. In February RTUK banned
the television station ``Gun TV'' for 1 year after the owner, Nevzat
Bingol, was indicted for ``disseminating separatist propaganda'' by
broadcasting a Kurdish song. The ban was lifted in March and Bingol was
fined $1,800 (2.9 billion TL) in October. In May RTUK reportedly banned
the ``Voice of Anatolia'' for 180 days following the broadcast of a
program on the closure of the Union of Alevi-Bektasi Organizations.
In the run-up to the November 3 elections, the Government closed a
number of television and radio stations for violating the principles of
impartial pre-election broadcasting. In October the Supreme Election
Council directed RTUK to close several television stations on these
grounds, including: Kanal 6 (6 days), Star Max (6 days), and Haberturk
(5 days). The local Election Council in Nevsehir Province closed down
Kapadokya TV, owned by a candidate for the True Path Party, for 2 days
in October for a broadcast violating the principle of ``equality among
political parties.'' In Elazig Province the Election Council ordered
closed the television stations Kanal 23 and Kanal E on similar grounds.
Also in October, the Election Council closed Ulusal TV for 5 days for
broadcasting a meeting of the Workers' Party twice for 57 minutes each.
Government censorship of foreign periodicals was rare, although
forms of censorship were sometimes used against periodicals in the
southeast. In the former state of emergency region, 17 cassettes of
Kurdish songs were banned, and several radio and TV stations were
closed or suspended for broadcasting Kurdish songs. In April Sulhattin
Onen, a bus driver in Diyarbakir Province, was indicted and given a 45-
month suspended sentence for listening to a cassette of Kurdish music.
In October Abdulmelik Firat, running as an independent candidate in
national elections, was detained for speaking Kurdish while campaigning
in Diyarbakir Province. He was brought before a judge and released
later the same day.
In November a 14-year-old student in Kazanci village, Diyarbakir
Province, was allegedly detained and beaten for saying he was ``proud
to be a Kurd.'' Also in November, the Education Ministry dismissed six
teachers because they sang Kurdish songs at a teachers' union congress.
In December the Istanbul SSC convicted 4 parents of ``supporting an
illegal organization'' and sentenced them each to 45 months'
imprisonment for submitting a petition to the governor of Gungoren
district seeking education in Kurdish for their children.
The State of Emergency Regional Governor, courts, police, and the
state broadcasting oversight body denied the Kurdish population--the
largest single ethnic group in the southeast--the use of its language
in election campaigning, education, broadcasting, and in some cultural
activities. Kurdish-language broadcasts of news, commentary, or
discussion were illegal throughout the country for most of the year.
From January through November, a government decree gave the Interior
Ministry, upon the request of the State of Emergency Regional Governor,
the authority to ban the distribution of any news viewed as
misrepresenting events in the region. In the event that a government
warning was not obeyed, the decree provided for a 10-day suspension of
operations for a first offense and 30 days for subsequent offenses.
This and other pressures, such as RTUK suspensions, led to self-
censorship by journalists on some issues.
However, in November the Government implemented laws passed in
August allowing, under tight restrictions, broadcasts in traditional
languages other than Turkish, including Kurdish. The new regulations
were supposed to allow broadcasts in Kurdish and other non-Turkish
languages traditionally used by Turkish citizens. Non-Turkish programs
were allowed only on state-owned radio and television outlets. They
were limited to 45 minutes per day, 4 hours per week on radio, and 30
minutes per day, 2 hours per week on television. Regulations require
that non-Turkish radio programs be followed by the same program in
Turkish, and that non-Turkish television programs have Turkish
subtitles. By year's end, there were no programs broadcast in Kurdish
or other traditional non-Turkish languages. In September the Government
implemented a law lifting a ban on private courses in Kurdish and other
traditional non-Turkish languages (see Section 5).
Journalists practiced self-censorship. Despite government
restrictions, the media criticized government leaders and policies
daily and has adopted an adversarial role vis-a-vis the Government.
However, some journalists remained in prison at year's end for writing
about sensitive subjects. According to Reporters Without Borders, four
journalists remained in jail at year's end for speech violations. The
Press Council reported there were seven imprisoned journalists.
According to the Government, there were no journalists held on speech
violations, although at year's end, there were 23 prisoners claiming to
be journalists. The different figures reflected disagreement over which
prisoners were legitimate journalists, and which were jailed for
carrying out their journalistic duties.
In December 2000, Parliament passed the Conditional Suspension of
Sentences Law (see Section 1.c.).
In February Kurdish publisher Fatih Tas was acquitted on charges of
threatening the Turkish state by publishing a collection in Turkish of
writings by foreign academic Noam Chomsky, whose writings accused the
Government of oppressing Turks of Kurdish origin. In August Abdullah
Keskin was convicted on charges of separatist propaganda for editing
the Turkish edition of a book on Kurdistan written by a foreign
journalist. Keskin's 6-month sentence was converted to a $500 (800
million TL) fine.
In October the Istanbul SSC launched a court case against Sefika
Gurbuz, head of the Social Support and Culture Association for Migrants
(Goc-Der), and an associate on speech charges related to the
organization's 1999-2001 report on forced displacement.
In April the chairman of the Teacher's Trade Union was acquitted on
charges of ``insulting the army and judiciary'' for statements made
during a December 2000 labor rally. In November the Istanbul SSC
convicted Muzaffer Erdogdu, publisher of the book ``Letters to Savas,''
on charges of separatist propaganda and sentenced him to 13 months and
10 days in prison. In December the Istanbul SSC ordered the
confiscation of a book on Kurds by foreign author Margaret Kahn, based
on allegations of separatist propaganda.
Several actions were taken against the pro-Kurdish HADEP party (see
Section 3).
In September the Supreme Election Board barred two prominent Islam-
oriented candidates and two prominent pro-Kurdish candidates from
participating in the November national elections due to past
convictions for illegal speech (see Sections 2.c. and 3).
The trial continued in the Istanbul SSC in the case of 65 activists
charged with supporting illegal organizations and separatism for
publishing a new ``Freedom of Thought'' booklet in October 2001. In
November the SSC announced that 14 former parliamentarians would be
charged in the case because they had lost their immunity after being
voted out in the November 3 elections.
In April Mehmet Kutlular, owner of ``Yeni Asya'' newspaper, was
acquitted on charges of provoking hatred and enmity for his remarks
claiming that a 1999 earthquake in Turkey was God's punishment against
the secular state. Kutlular had been convicted of the charges and
jailed in May 2001 but was released in February and given a retrial due
to amendments to Article 312. However, the acquittal was reversed on
appeal in June, and in November the Istanbul SSC affirmed Kutlular's
original conviction and 23-month sentence. Three ``Yeni Asya''
journalists--Saban Dogen, Sami Cebeci, and Abdil Yildirim--were also
granted a retrial on charges relating to coverage of the earthquake. In
September the Istanbul SSC affirmed their original conviction and 20-
month sentence.
In June the Istanbul SSC acquitted Nese Duzel, columnist with the
mainstream daily ``Radikal,'' on charges of ``inciting religious
enmity'' for her writings on the problems of the Alevi community. She
continued to face charges in a separate case for ``insulting the armed
forces.''
In November an Istanbul criminal court acquitted the journalist
Ahmet Altan on charges of ``insulting the armed forces'' for his
writings criticizing the intervention of the military in politics.
In March the National Film Censors banned a film after police
protested its depiction of police brutality. In May the Diyarbakir
governor banned three plays by the group ``Teatra Jiyana Nu'' that were
to be performed in Kurdish at an arts festival.
SSC prosecutors ordered the confiscation of numerous issues of
leftist, Kurdish nationalist, and pro-PKK periodicals and banned
several books on a range of topics. Police frequently raided the
offices of publications. On August 20, Istanbul police raided the
offices of the journals ``Ekmek ve Adalet'' and ``Genclik Gelecektir,''
confiscating publications and detaining 16 persons. On August 26,
Istanbul police raided the offices of the journals ``Devrimci
Demokrasi,'' ``Mucadele Birligi,'' ``Kizilbayrak,'' ``Alinterimiz,''
``Direnis,'' and ``Isci Koylu.'' Police reportedly confiscated
publications but did not detain anyone.
Kurdish-language audio cassettes and publications were available
commercially, although the periodic banning of particular audio
cassettes or singers continued, particularly in the state of emergency
region.
Internet use was growing. In May Parliament passed legislation
authorizing RTUK to monitor Internet speech. Under the legislation,
RTUK can require Internet service providers to submit advance copies of
pages to be posted online. According to Reporters Without Borders, in
February RTUK fined Coskun Ak, the moderator of an Internet forum,
$5,000 (8 billion TL) for ``insulting the armed forces.'' Under an
amendment passed in August, Internet cafes were added to the list of
places that police are authorized to search and confiscate materials
from in order to protect ``national security, public order, health, and
decency'' and to prevent a crime. Police were required to attain
authorization from a judge or, in emergencies, the highest
administrative authority before taking such action.
The Government did not restrict academic freedom; however, there
reportedly was some self-censorship on sensitive topics.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government sometimes
restricted this right in practice. Significant prior notification to
the authorities was required for a gathering, and authorities may
restrict meetings to designated sites. Authorities may deny permission
to assemble if they believe that a gathering is likely to disrupt
public order. Associations could not use languages other than Turkish
in their official contacts.
During the year, Parliament passed reform legislation implementing
an October 2001 constitutional amendment expanding the rights of free
assembly and association and placing the emphasis on citizens' rights
and reducing the number of restrictions on their activities. Following
legal reforms passed in August, the notification period for meetings
was reduced from 72 hours to 48 hours, and restrictions on
participation by foreigners in demonstrations were relaxed.
Authorities prevented some demonstrations. For example, the
Istanbul governor did not permit a September 1 World Peace Day event
organized by HRA and HADEP to be held. In March the Governor of Ankara
postponed for 2 months a demonstration and meeting of the Turkish
Communist Party. The Security Directorate of Manisa in May banned a
panel on the Law on Higher Education organized by the Association of
Celal Bayar University Students.
Police beat, abused, detained and harassed some demonstrators. In
August Istanbul police reportedly used pepper spray, beat protestors,
and detained about 40 participants in a demonstration against F-type
prisons in front of the French Consulate. In May police allegedly beat
Sevinc Celenk, the mother of a student at Istanbul Kadikoy Theological
Lyceum, during a gathering in front of the school to protest the ban on
headscarves. In October police reportedly beat and detained 20 students
at Istanbul University protesting against the Higher Education Council.
During November protests against the Education Council, which were
covered live on television, Ankara police forced student Veli Kaya into
a cellar and beat him. Also in November, Istanbul police reportedly
beat students participating in an anti-war demonstration in the Beyoglu
district.
The March 21 Kurdish Nevruz (``New Year'') was celebrated
peacefully in some cities, but the governors of Balikesir, Bitlis,
Canakkale, Icel, Istanbul, Kars, Kahramanmaras, Sirnak, Yalova, Igdir,
Erzurum, Kirsehir, Sakarya, Kayseri, Mugla, and Gebze did not allow
celebrations, according to the HRF. Police detained hundreds of
demonstrators and in some cases dispersed crowds with tear gas and
beatings, HRF reported.
May Day celebrations were held peacefully in most cities and towns,
but permission for celebrations was denied in Mersin, Diyarbakir, Kars,
Mus, Tunceli, Bitlis, Bingol, Siirt, Osmaniye, Batman, and Milas,
according to HRF. Police reportedly detained 20 persons who attempted
to make a press statement during celebrations in Tunceli and 8 persons
attempting to celebrate in Diyarbakir.
There were no new developments in the case of environmental
activist Oktay Konyar.
Alp Ayan--a psychiatrist with the HRF Izmir Treatment and
Rehabilitation Center, Gunseli Kaya--who also worked at the center, and
66 other persons faced charges of ``holding an unauthorized
demonstration'' for participating in the funeral procession in October
1999 of one of the prisoners killed in the September 1999 Ulucanlar
incident. Their trial began in January 2000 and was ongoing at year's
end. Ayan and 50 others were acquitted in November in a similar case in
which they faced charges for shouting slogans at the funeral of Huseyin
Kayaci, who died in a hunger strike protesting F-type prisons in May
2001.
The Constitution provides for freedom of association; however,
there were some restrictions on this right. Associations and
foundations were required to submit their charters for government
approval, which was a lengthy and cumbersome process. The Government
closed some opposition political parties alleging that they were
centers for illegal activity (see Section 3). Reform legislation
adopted during the year relaxed restrictions on the rights of civil
servants to form associations and lifted the ban on forming
associations for civil defense purposes.
In October the Ankara SSC indicted the leaders of the country's
branches of five German foundations--the Friedrich Ebert, Konrad
Adenauer, Heinrich Boell, and Friedrich Naumann foundations, as well as
the Orient Institute--on charges of separatism and espionage. The
indictment sought jail terms of 8 to 15 years for 15 foundation
officials. Charges against the officials included accusations that the
foundations plotted to prevent an Australian mining company from mining
gold in a village near Bergama. Their trial began on December 26. On
December 18, unknown assailants shot and killed Necip Hablemitoglu, the
author of a book on which the indictment was based.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, and the Government generally respected this right in
practice; however, it imposed some restrictions on some religious
groups and on religious expression in government offices and state-run
institutions, including universities. The Constitution establishes the
country as a secular state.
The Government oversaw Muslim religious facilities and education
through its directorate of religious affairs (Diyanet). The Diyanet,
which some groups claimed reflected the beliefs of the Sunni Islamist
mainstream to the exclusion of Alevi adherents, regulated the operation
of the country's more than 70,000 mosques. Local and provincial imams,
who were civil servants, were employed by the Diyanet. The Government
stated that the Diyanet treated equally all who requested services.
A separate government agency, the Office of Foundations (Vakiflar
Genel Mudurlugu), regulated some activities and oversaw 160 non-Muslim
religious groups. The Vakiflar, which dates back to the Ottoman Empire,
must approve the operation of churches, monasteries, synagogues,
religious schools, and religious charitable foundations, such as
hospitals and orphanages.
In May the Diyanet adopted a series of decisions after holding a 4-
day conference on religious issues with attendees from the Diyanet's
Supreme Council on Religious Issues and experts from theology schools.
The Diyanet formally decided to: Allow women to participate in the
congregation for daily prayers on Fridays, during religious holidays,
and funeral prayers; allow original Arabic prayers to be recited in
native tongues; rule that men may not use the Koran as a premise for
domestic violence; underline the fact that civil marriages (rather than
religious marriages) are required by law; and state that social and
legal advances for women are not against the spirit of the Koran. Some
women immediately began to participate in congregations with men.
The military and judiciary, with support from other members of the
country's secular elite, continued to wage a private and public
campaign against what they defined as Islamic fundamentalism, which
they viewed as a threat to the secular republic. The armed forces
regularly dismissed individuals whose official files alleged
participation in Islamist fundamentalist activities. Participation in
certain mystical Sufi religious-social orders (Tarikats) was officially
banned by Ataturk in the mid-1920s but was largely tolerated. The NSC
has called for stricter enforcement of the ban against Tarikats as part
of its campaign against Islamic fundamentalism; however, prominent
political and social leaders remained associated with, or openly
tolerant of, Tarikats or other Islamic communities. The trial of
Fetullah Gulen--the leader of an Islamic religious community whose wide
domestic and international network of secondary schools was earlier
encouraged by the State but who was subsequently charged with plotting
to overthrow the State by force--continued in absentia at year's end.
On March 5, a senior columnist for the Islamist newspaper Yeni
Safak, Fehmi Koru, was acquitted of charges of ``inciting religious
enmity'' during a 1999 television broadcast.
In September the Supreme Election Board barred two prominent Islam-
oriented candidates from participating in the November national
elections due to past convictions for illegal speech: Recep Tayyip
Erdogan, chairman of the Islam-influenced Justice and Development (AK)
Party, and Necmettin Erbakan, still de facto leader of the Islamist
Saadet Party (see Sections 2.a. and 3).
In October the Court of Appeals Chief Prosecutor opened a court
case demanding the closure of the AK Party for being a center of
activities ``contrary to the principle of a secular republic.'' The
party is charged with failing to abide by a Court ruling requiring
Erdogan to resign as party chairman.
In the case of Turkish Christian Kemal Timur, who was charged in
2000 with insulting Islam, charges were dropped in June when the
witnesses failed to appear in court.
Alevis constituted a Muslim minority. Many Alevis alleged
discrimination in the Government's failure to include any of their
doctrines or beliefs in religious instruction classes. Alevis also
charged that there was a Sunni bias in the Diyanet since the
directorate viewed the Alevis as a cultural rather than a religious
group and did not fund their activities.
In November an Appeals Court overturned the February ruling by an
administrative court, which had closed the Union of Alevi-Bektasi
Organizations (ABKB). The retrial of the case was pending at year's
end.
There are legal restrictions against insulting any religion
recognized by the state, interfering with that religion's services, or
debasing its property. However, some Christian churches were defaced,
with communities unable to repair them, including in the Tur Abdin area
of the southeast where many Syriac churches are found.
Religious affiliation was listed on national identity cards. Some
members of non-Muslim religious groups claimed that they had limited
career prospects in government or military service as a result of their
religious affiliation.
By law religious services may take place only in designated places
of worship, although non-Muslim religious services often took place in
non-designated places of worship. However, police occasionally barred
Christians from holding services in private apartments and from
proselytizing by handing out literature. These activities also
occasionally led to police detention and trials. Several Christians in
Istanbul continued to stand trial on charges of opening a Christian
training institute without legal permission and violating Law 2911,
which ``prohibits unauthorized meetings and demonstrations,'' for
holding church and bible study meetings in an apartment.
In October the Government implemented a reform measure allowing, in
principle, some non-Muslim foundations to own property for the first
time since 1936. Application involves a lengthy and burdensome process,
and it was unclear at year's end whether any foundations would be able
to comply.
The Ecumenical Patriarchate in Istanbul repeatedly has asked to
reopen its seminary on the island of Halki in the Sea of Marmara; the
seminary has been closed since 1971 when the state nationalized most
private institutions of higher learning. Under existing restrictions,
including a citizenship requirement, the religious community remained
unable to train new clergy.
In April the Baha'i community lost a legal appeal against
government expropriation of a sacred site near Edirne and brought the
case for a final appeal to the Council of State. The Ministry of
Culture had granted cultural heritage status to the site in 1993, but
in January 2000 the Ministry of Education notified the Baha'i community
that it had expropriated the adjacent primary school property for
future use.
Three Ahmadi Muslims, who had been detained in April and charged
under the Anti-Terror Law, were released on bail following an August 14
hearing. An additional five Ahmadis were released on bail in April.
There is no law that explicitly prohibits proselytizing or
religious conversions; however, religious groups that proselytize
occasionally were subject to government restrictions or harassment.
Many prosecutors regarded proselytizing and religious activism on the
part of evangelical Christians, as well as Islamists, with suspicion,
particularly when such activities were deemed to have political
overtones. Police sometimes arrested proselytizers for disturbing the
peace, ``insulting Islam,'' conducting unauthorized educational
courses, or distributing literature that had criminal or separatist
elements; courts usually dismissed such charges. If the proselytizers
were foreigners, they could be deported, but they usually were able to
reenter the country. In September the Erzurum SSC charged 12 Baha'i
with proselytizing.
State-sponsored Islamic religious and moral instruction in all
public primary and secondary schools was compulsory. Upon written
verification of their non-Muslim background, ``minorities'' recognized
by the Government der the 1923 Lausanne Treaty were exempted by law
from Muslim religious instruction. Other small groups, such as
Catholics, Protestants, and Syriac Christians, were not exempted.
Students who completed the 8-year primary school could study the Koran
in government-sponsored imam-hatip (religious) schools. The Government
did not permit private Koran courses. In August police raided two
houses in Antalya Province and detained persons on charges of
conducting illegal Koran courses.
The Government continued to enforce a long-term ban on the wearing
of religious head coverings at universities or by civil servants in
public buildings. Dozens of women who wore religious head coverings,
and both men and women who actively showed support for those who defied
the ban, lost their jobs in the public sector as nurses and teachers;
some others were not allowed to register as university students.
In March deputies from Islamist parties in Parliament pressed for a
motion of censure against the Minister of Education for allegedly
``creating unrest at the ministry'' and ``escalating tensions'' by
enforcing strictly the headscarf ban, including at imam-hatip
(religious) high schools. In June a special parliamentary committee
concluded that the Minister should not face charges.
Citizens who converted from Islam experienced some form of social
harassment or pressure from family and neighbors. Proselytizing
socially was unacceptable. A variety of newspapers and television shows
have published anti-Christian messages, including one fringe newspaper
(``Aydinlik'') that published in May a purported list of 40 churches in
the city of Izmir that were ``bribing'' converts.
Many non-Muslim religious group members, along with many in the
secular political majority of Muslims, feared the possibility of
Islamic extremism and the involvement of even moderate Islam in
politics. Several Islamist newspapers regularly published anti-Semitic
material.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--Citizens generally enjoyed freedom of
movement domestically and the freedom to travel abroad; however, at
times the Government limited some of these rights. The Constitution
provides that a citizen's freedom to leave the country may be
restricted only in the case of a national emergency, civic obligations
(military service, for example), or criminal investigation or
prosecution.
Between 1984 and 1999, and particularly in the early 1990s, the
Government forcibly displaced a large number of persons from villages
in the southeast. The Government justified the practice as a means of
protecting civilians or preventing PKK terrorists from obtaining
logistical support from the inhabitants. The Government reported that
378,000 persons had ``migrated'' (it disputed the term ``evacuation'')
from 3,165 state of emergency region villages between 1994 and 1999;
many left before that due to the fighting. Various NGOs estimate that
from 1 to 3 million persons were displaced. The Interior Minister
confirmed that in 25 provinces in the former state of emergency region,
4,455 villages and hamlets have been destroyed or deserted.
Citing security concerns, provincial authorities continued to deny
some villagers access to their fields and high pastures for grazing but
have allowed other villagers access to their lands. Voluntary and
assisted resettlements were ongoing. In some cases, persons could
return to their old homes; in other cases, centralized villages have
been constructed. Only a fraction of the total number of evacuees has
returned. The Government estimated that 58,000 persons returned to the
region from June 2000 to October 2002. More than 400 villages and
hamlets have reportedly been reopened with state assistance. According
to Human Rights Watch (HRW), inadequate government assistance and
continued violence by security forces discouraged returns. HRW claimed
the Government's return plans failed to meet international standards
and had therefore not attracted international funding.
According to human rights activists, villagers, and some southeast
members of Parliament, the Government did not allow displaced villagers
to return unless they signed a document claiming that they had left
their homes due to PKK terrorism, rather than due to government
actions, and stating that they would not seek government assistance for
returning. There also have been charges that resettlement priority was
given to village guards and their families.
Ten village guards were arrested in connection with the September
killing of three internally displaced persons (IDPs) returning with
official permission to their homes in Ugrak village, Diyarbakir
Province (see Section 1.a.).
In December prosecutors indicted 21 founding members of the
Migration and Humanitarian Aid Foundation (GIYAV)--a Mersin-based group
whose declared purpose was to provide assistance to displaced persons--
on charges of aiding and abetting an illegal organization. Also in
December, the General Directorate of Foundations applied to a penal
court to have GIYAV disbanded on the grounds that it established
relationships with foreign associations without seeking the required
approval of the Interior and Foreign Ministries.
The U.N. Special Representative for Displaced Persons visited the
region in June and acknowledged a more open approach to returns on the
part of the Government. The European Parliament and the Parliamentary
Assembly of the Council of Europe also made visits.
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; however, upon ratifying the Convention,
the Government exercised the option of accepting the Convention's
obligations only with respect to refugees from Europe. The UN High
Commissioner for Refugees (UNHCR) handled cases of refugee applicants
from non-European countries. The Government offers non-European
refugees temporary protection while they are waiting to be resettled in
another country. The Government directly handles European applicants,
and provides them with the full rights required under the Convention.
Once they are recognized as refugees, Europeans can remain in the
country and acquire citizenship. The UNHCR intervenes with government
officials if it disagrees with their negative decisions about
individual asylum claims. An appeal may be lodged within 15 days of a
negative decision by the authorities. After the appeal procedure,
rejected applicants are issued a deportation order that may be
implemented after 15 days. According to the UNHCR, by August there had
been 2,124 cases of (non-European) asylum seekers; of these, UNHCR
recognized 1,046 cases representing 2,247 persons. The vast majority of
these applicants were Iranian and Iraqi nationals.
The number of Bosnian and Kosovar refugees declined to fewer than
1,000, mostly due to voluntary repatriation. Approximately 260 Chechens
who arrived in 2001 remained, mostly in Istanbul.
A regulation obliges asylum seekers to apply within 10 days of
their arrival and submit proof of identity in order to register as
asylum seekers. The time limit for registration in the Government's
asylum program was implemented strictly and remained an obstacle to the
full access by asylum seekers to procedures to determine their refugee
status. According to the UNHCR, during the year 15 refugees and asylum
seekers were returned to a country where they feared persecution
without being given access to a complete asylum determination process,
or after being granted refugee status. The obstacles in the
Government's asylum procedures led to many refugees being considered as
``illegals.'' The UNHCR estimated that approximately 14 percent of
asylum seekers who approached the UNHCR were unable to register with
the Government on procedural grounds. Furthermore, detained illegal
immigrants found near the border areas were more likely to be
questioned about their asylum status and referred for processing than
those found in the interior of the country. The UNHCR and government
authorities continued to work to resolve this problem and to find ways
to allow greater access of all asylum seekers to processing.
If they comply with the asylum regulations' requirements, the
Government registers and process asylum seekers for eligibility
determination. According to the law and in practice, the failure to
submit an asylum claim within a fixed time limit should not be a reason
to refuse to address the application or grant asylum.
The country continued to be a transit and departure point for
illegal migrants and asylum seekers of various nationalities who travel
in small groups utilizing land routes, small boats, and ships on the
way to other European countries.
Since 1998 the UNHCR and the Government have continued to cooperate
in training border guards and other government officials responsible
for asylum seekers and refugees. The training has been successful and
has led to increased contacts between the UNHCR and local, military,
and judicial authorities. The UNHCR also noted that the incidence of
repatriation has declined as a result of this training and credited the
Government for its willingness to improve the functioning of the
national asylum procedure. The UNHCR works with local partners
including the Turkish Red Crescent Society and the Anatolian
Development Foundation to integrate refugees into society. In the past
3 years, the UNHCR has initiated several new projects to support NGOs
in providing counseling and specialized assistance directed in
particular at women, children, and other vulnerable groups.
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 generally exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage; however, the Government restricted the
activities of some political parties and leaders. The country has a
multiparty parliamentary system, in which national elections are held
at least every 5 years, with mandatory universal suffrage for all
citizens 18 years of age and over. The November 3 elections featured 18
parties, 2 of which garnered enough votes to enter Parliament.
Parliament elects the president as head of state every 7 years or when
the incumbent becomes incapacitated or dies.
In accordance with the Constitution, the NSC--a powerful,
constitutionally mandated advisory body to the Government composed of
civilian government leaders and senior military officers and chaired by
the president--played a significant role in shaping government policy.
Under an October 2001 constitutional amendment, the military-civilian
balance of the NSC was revised and its functions were redefined to
emphasize its advisory nature. Under the amendments, there were nine
civilian members and five military members.
The Government neither coerced nor forbade membership in any
political organization; however, the Court of Appeals Chief Prosecutor
could bring cases seeking the closure of political parties before the
Constitutional Court, which could close them down for unconstitutional
activities. In March Parliament adopted an amendment giving the
Constitutional Court the option of depriving a party of state funds
rather than ordering closure.
In September the Supreme Election Board barred two prominent Islam-
oriented candidates and two prominent pro-Kurdish candidates from
participating in the November national elections due to past
convictions for illegal speech: Recep Tayyip Erdogan, chairman of the
Islam-influenced AK Party; Necmettin Erbakan, still de facto leader of
the Islamist Saadet Party; Murat Bozlak, chairman of the pro-Kurdish
HADEP Party; and Akin Birdal, human rights activist and HADEP candidate
(see Sections 2.a. and 2.c.). Dozens of other candidates were also
barred for past convictions. Constitutional Court Chairman Mustafa
Bumin stated publicly that the bans would harm the country's relations
with the EU, and he called for the lifting of obstacles to free speech.
In October the Court of Appeals Chief Prosecutor opened a court
case demanding the closure of the AK Party. The party is charged with
failing to abide by a Court ruling that the Chief Prosecutor asserted
had required Erdogan to resign as party chairman.
The Rights and Freedoms Party (HAK-PAR), founded in February, faced
closure on charges that its program contained elements contrary to the
``indivisible unity of the State and nation.'' The case was pending at
year's end.
Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak--former
members of parliament--remained in prison at year's end after being
convicted of belonging to an armed organization (the PKK) in 1994. If
they serve the required three-fourths of their sentence, as is
traditional, they would be released in 2005.
The case to close HADEP, whose predecessor parties were also closed
by the Government, was pending at year's end. The case cannot be
resolved without the resolution of several other SSC cases against
HADEP officials, which were ongoing at year's end. In the November
elections, some former HADEP leaders ran under the banner of the
Democratic People's Party (DEHAP), which HADEP created as insurance
against its possible preelection closure. HADEP/DEHAP officials said
the party suffered from a loss of name recognition. At year's end,
DEHAP was under investigation for providing forged documents while
registering for elections.
HADEP/DEHAP leaders said state harassment of the party has
continued to decline gradually for each of the past 3 years, following
a steep reduction in PKK-related conflict. They said the party was able
to operate more freely in the November parliamentary elections than in
the previous election in 1999. However, throughout the year, police
raided dozens of HADEP offices, particularly in the southeast, and
detained hundreds of HADEP officials and members. DEHAP and HADEP
members were regularly harassed by Jandarma and security officials,
including verbal threats, arbitrary arrests at rallies, and detention
at checkpoints. Security forces also regularly harassed villagers they
believed were sympathetic to HADEP/DEHAP. Although most detainees were
released within a short period, many faced trials, usually for
``supporting an illegal organization,'' ``inciting separatism,'' or for
violations of the Law on Meetings and Demonstrations.
In April the Ankara SSC sentenced former HADEP leader Ahmet Turan
Demir, Turkish Communist Party leader Aydemir Guler, and Turkish
Socialist Labor Party leader Turgut Kocak to 10 months' imprisonment
each for ``challenging Turkey's unitary structure'' during speeches at
a 2000 HADEP convention. In September police raided HADEP offices in
Ercis District, Van Province, confiscating books and detaining HADEP
district chairman Kemal Dogruel and four other party members. The
detainees were released later that day. In August Jandarma searched
homes in the town of Gecitli, Hakkari Province, and detained seven
persons after HADEP members distributed election forms in the area.
Jandarma reportedly warned the detainees not to support HADEP and
released them the next day. In November Istanbul attorney Erdal Tuncel
claimed police raided his home, beat him, threatened to kill him, and
told him to cut his ties to HADEP.
Mazlum-Der, HRA, and DEHAP officials throughout the region reported
cases of Jandarma and village guards threatening villagers not to vote
for DEHAP. The villagers were warned that, should DEHAP win the vote
from that area, the town might be burned, reevacuated, or denied
services (such as electricity or water). The Diyarbakir HRA office also
reported one case in which the Jandarma told the residents of a village
that they should show their support for DEHAP by having the village
sheikh vote symbolically on behalf of the whole village.
Parties are required to have 10 percent of the nationwide vote to
enter Parliament. During the year, politicians from several parties
debated whether to lower the threshold. In September the ECHR decided
to hear a complaint filed by HADEP that the 10 percent threshold
prevented 34 of its candidates from entering Parliament in 1999,
despite having won elections in their districts.
There were 24 women in the 550 seat Parliament. There was one
female minister in the 24-member Cabinet, and there were no female
governors. Approximately 20 women were subgovernors. The Constitution
calls for equal political rights for men and women, and many women were
active politically.
There were no legal restrictions on political activities by
minorities. Some ethnic groups were active in political affairs; for
example, many Members of Parliament and senior government officials
were Kurds.
In November the Government officially completed the phased lifting
of the state of emergency in the southeast. By so doing, the Government
shut down the State of Emergency Regional Governor's Office, which had
exercised special powers of search, detention, and interrogation. The
Government continued to maintain a heavy security presence in the
region, including numerous roadway checkpoints. Promised reforms and
expanded freedoms were still pending at year's end. The village guards,
formed as part of the Government's campaign against the PKK, have
repeatedly been accused of murder, beating, rape, corruption, drug
trafficking, and other abuses. The Government planned to stop hiring
new village guards and gradually to close the force down as members
resign or retire.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
NGOs operated in many regions but faced government obstruction and
restrictive laws regarding their operations, particularly in the
southeast. The Government met with NGOs (which it defined broadly to
include labor unions), responded to their inquiries, and sometimes took
action in response to NGO recommendations. The Associations Law
governing the activities of most NGOs (some fall under the Law of
Foundations, and others incorporate themselves as businesses) has
restrictive provisions regarding membership, fundraising, and scope of
activities.
The HRA had branches nationwide and claimed a membership of
approximately 20,000. The HRF, established by the HRA, operated torture
rehabilitation centers in Ankara, Izmir, Istanbul, Diyarbakir, and
Adana and served as a clearinghouse for human rights information. Other
domestic NGOs included the Istanbul-based Helsinki Citizens Assembly,
the Ankara-based Turkish Democracy Foundation, the Turkish Medical
Association, human rights centers at a number of universities, and
Mazlum-Der. Human rights organizations were represented on some
provincial and subprovincial human rights councils.
Human rights organizations and monitors, as well as lawyers and
doctors involved in documenting human rights violations, continued to
face detention, prosecution, intimidation, harassment, and formal
closure orders for their legitimate activities. HRA reported that more
than 400 court cases were opened against the organization since 2001,
including 150 cases against its Diyarbakir branch, 70 against its Izmir
branch, and approximately 90 against its Istanbul provincial president.
In April HRA was able to reopen its Gaziantep branch, closed since
2000. HRA was also given permission to re-open the branch in Malatya;
however, they had not done so by year's end.
In August prosecutors indicted HRA Chairman Husnu Ondul and 46
others in connection with a January 2001 raid of HRA headquarters. The
defendants were charged with possessing 33 publications banned by
confiscation orders and face sentences of 3 to 6 months if convicted.
In November the Istanbul Bar Association banned HRA Deputy Chairperson
Eren Keskin from practicing law for 1 year due to her 1997 conviction
for ``making separatist propaganda'' during a newspaper interview. Also
in November, prosecutors in Ankara opened a case against the HRA for
alleged ``separatist propaganda'' in a speech delivered in March 2001
at the HRA branch in Siirt. Prosecutors demanded the closure of all HRA
offices but in December dropped the charges. In a separate case,
prosecutors at year's end continued to seek the closure of the HRA
Ankara branch on charges of ``supporting illegal organizations.''
Former HRA Chairman Akin Birdal remained on trial for alleged
statements in September 2000 that the Government ``should apologize for
the Armenian genocide,'' a statement that he denied making.
In October six HRA members were acquitted on charges of violating
laws requiring associations to publish all distributed brochures and
leaflets in Turkish. They were charged for publishing a document
spelling the Kurdish New Year ``Newruz'' instead of ``Nevruz.'' Also in
October, the Istanbul SSC convicted 5 journalists and trade unionists
of being members of and supporting an illegal organization--the Marxist
Leninist Communist Party--and sentenced each to 12 \1/2\ years.
In March the Government gave permission to AI to form a legal
association in Turkey; AI's previous application was rejected in
November 2001. By year's end, AI had opened a headquarters in Istanbul
and branch offices in Izmir and Diyarbakir. An Ankara office was being
prepared. The organization reported good relations with the Government
during the year.
The CPT continued to freely conduct prison inspections (see
Sections 1.c., 1.d., and 1.e.).
Representatives of diplomatic missions who wished to monitor human
rights were free to speak with private citizens, groups, and government
officials; however, security police routinely placed such official
visitors in the southeast under visible surveillance. Visiting foreign
government officials and legislators were able to meet with human
rights monitors. There were no public reports of officials representing
foreign governments being denied permission for such visits.
In August authorities in the southeast prevented a group of five
members of Sweden's Green Party from entering northern Iraq. Two of the
Green Party officials were reportedly detained briefly.
The Parliamentary Human Rights Investigation Committee, which has a
mandate to oversee compliance with the human rights provisions of
domestic law and international agreements, investigate alleged abuses,
and prepare reports, carried out inspections of detention centers.
Human Rights councils have been established in all 81 provinces and
831 sub-provinces. These councils are intended to institutionalize
consultations among NGOs, professional organizations, and the
Government. Between October 2001 and June, 1,192 complaints were filed
with the councils. Of these, 924 were directly related to human rights
violations; 420 were investigated, and 146 were referred to the
judiciary. The councils organized hundreds of human rights conferences
during the year. According to the Government, of 11,500 council
members, 6,500 were public officials, 3,000 belonged to professional
associations, and 2,000 were NGO members. NGO members were generally
skeptical of the councils because they were dominated by government-
affiliated members. Some human rights NGOs have boycotted the councils,
while others were not invited to participate.
A Human Rights Presidency monitors the implementation of
legislation relating to human rights, coordinates with NGOs, and
educates public officials. The Presidency is attached to the Prime
Ministry; it did not have a separate budget. During the year, the
Presidency organized awareness campaigns and established hot lines and
complaint boxes.
Parliament has established numerous government bodies to monitor
the human rights situation in the country, including: High Human Rights
Board--which is an interministerial committee responsible for making
proposals intended to promote and to strengthen human rights
protections; a Human Rights Consultation Board--designed to serve as a
permanent forum for the exchange of ideas between the Government and
NGOs; and a Human Rights Investigative Board.
The Government's Ten Year Human Rights Education Committee held
regional seminars to educate civil servants and others on human rights
problems. Regional bar associations and the EU held training seminars
with the police and judges and prosecutors in several provinces and in
Ankara headquarters, focusing on EU human rights standards. In February
the Committee, with the Council of Europe, opened a course on police
professionalism.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides that the country is a secular state,
regards all citizens as equal, and prohibits discrimination on ethnic
or racial grounds; however, discrimination remained a problem in some
areas.
Women.--Violence against women remained a problem, and spousal
abuse was serious and widespread. According to the Family Research
Institute in the Prime Minister's office, beating in the home was one
of the most frequent forms of violence against women. The law prohibits
spousal abuse; however, complaints of beatings, threats, economic
pressure, and sexual violence continued. According to a 2000 survey, at
least 10 percent of women experienced violence on a daily or weekly
basis.
Spousal abuse was considered an extremely private matter, involving
societal notions of family honor, and few women went to the police.
Police were reluctant to intervene in domestic disputes and frequently
advised women to return to their husbands.
The law allows women to apply for restraining orders against their
husbands and therefore to stay in their own homes. Observers and
government officials noted that this provision has been very successful
in some of the cities and rural areas of the country but less so in the
more traditional southeast. The law is also limited to spouses and
therefore does not address some other sources of violence such as in-
laws. Citizens of either sex may file civil or criminal charges for
abuse but rarely did so.
There were nine government-operated shelters and eight NGO-operated
consultation centers that provided services to battered women; in
addition, the Child Protection and Social Services Agency provided
services to victims of domestic violence through its 53 community
centers.
The law prohibits rape and spousal rape; however, laws and
ingrained societal notions made it difficult to prosecute sexual
assault or rape cases. Cases of rape were believed to be underreported.
``Honor killings''--the killing by immediate family members of
women who were suspected of being unchaste--continued in rural areas
and among new immigrants to cities; according to media reports, there
could be dozens of such killings every year. They were most common in
the predominantly conservative, Kurdish southeast. Under the law,
persons convicted of killings that were ``provoked'' (such as honor
killings) may receive a lighter sentence than for other types of
killings. Because of sentence reductions for juvenile offenders,
observers noted that young male relatives often were designated to
perform the killing.
According to HRW, in March, 20-year-old Pinar Kacmaz was shot and
killed by her father and brother in the southeast. The police had
reportedly arrested Kacmaz's father after she had reported that he
threatened her life, but he was released pending trial.
The problem of suicide among young girls forced into marriage
persisted and was prevalent particularly in the southeast and east,
where suicides have risen by more than 50 percent since 1993 and where
80 percent of suicide victims were women. A 2001 study in Batman
Province showed that for young girls with physical and psychological
problems, an early marriage could be a catalyst to suicide. According
to the women's advocacy group Flying Broom, there was an increase in
``forced suicides'' by family members trying to avoid being charged for
committing honor killings.
According to HRF, there were far fewer reports of ``virginity
testing'' than in past years, and no reports of the practice among
family members; regulations banning the practice unless requested by
the woman were generally enforced. In February the Government abolished
a regulation allowing the practice to be used on nursing school
students. However, the Women's Commission of the Diyarbakir Bar
Association released a study indicating that 99 percent of female
detainees in five southeastern provinces were subjected to the practice
(see Section 1.c.).
Trafficking in women was a serious problem (see Section 6.f.).
A new Civil Code implemented in January replaced a 1926 Code that
discriminated against women in some areas. In August the Government
ratified the Optional Protocol to the U.N. Convention on the
Elimination of Discrimination against Women. The husband is no longer
the legal head of the household--the Code now stipulates that the
spouses shall choose and manage the household together. Both spouses
were given equal rights over guardianship and the choosing of a trade.
Discrepancies between the legal marriage age for men and women were
removed. A clause awarding both spouses an equal share of goods
acquired during marriage applies only to marriages entered after the
adoption of the new Code. Couples married before adoption of the new
Code could benefit from the clause only if both spouses signed a
notarized agreement before December 31. According to Flying Broom, very
few couples signed such documents, as most women either did not know
about the clause or could not convince their husbands to sign. Under
inheritance laws, a widow generally received one-fourth of the estate,
and her children received the rest. In January Parliament overturned a
regulation banning female civil servants from wearing pants in the
workplace, although Parliament's internal code was not revised to
conform with the regulation.
Particularly in urban areas, women were well represented at all
levels in the professions, business, and the civil service, and women
constituted more than one-third of university students. However, women
continued to face discrimination in employment to varying degrees.
Women were generally underrepresented in managerial-level positions.
Women generally received equal pay for equal work in the professions,
business, and civil service jobs, although a large percentage of women
employed in agriculture and in the trade, restaurant, and hotel sectors
work as unpaid family help.
According to a 2003 UNICEF report, the literacy rate for women in
2000 was 77 percent, compared with 94 percent for men. However, in
rural areas the rate could be as low as 50 percent for women. One
reason for the higher rate for men is that men must serve in the army;
if they do not know how to read, they are taught upon entry.
Independent women's groups and women's rights associations existed
but have not significantly increased their numbers or activities,
mostly because of funding problems. The concept of lobbying for women's
rights, including changes to the Civil Code and greater elected
representation, continued to gain support. There were many women's
committees affiliated with local bar associations. Other organizations
included the Association to Support Women Candidates (Ka-Der), the
Flying Broom women's advocacy group, the Turkish Women's Union, and the
Foundation for the Evaluation of Women's Labor. Women continued to be
very active in ongoing debates between secularists and Islamists,
particularly with respect to the right to choose whether to wear
religious head coverings in public places, such as government offices
and universities (see Section 2.c.).
Children.--The Government was committed to furthering children's
welfare and worked to expand opportunities in education and health,
including a further reduction in the infant mortality rate. The
Government Minister for Women's and Family Issues oversaw
implementation of the Government's programs for children. The
Children's Rights Monitoring and Assessment High Council focused on
children's rights issues.
Government-provided education through the age of 14 or the eighth
grade was compulsory. Traditional family values in rural areas placed a
greater emphasis on advanced education for sons than for daughters; the
relatively new 8-year compulsory education requirement (implemented in
1998) was expected to ensure that more girls continued their education.
According to the Ministry of Education, since 1997 the percentage of
girls enrolled in primary school rose from 79 to 97, while the
percentage for boys rose from 91 to 98.5. However, in rural areas, the
literacy rate for girls remained low, and many did not complete primary
school. The literacy rate for boys, most of whom completed primary
school, was higher. Some children in rural areas continued on to high
school, for which they generally had to travel or live away from home.
The social security system aimed to provide social security and
health insurance for all its citizens, but there were still gaps in
this coverage, leaving approximately 20 percent of families and their
children without coverage. According to a 2000 UNICEF report on ``The
State of Women and Children in Turkey,'' persons not covered by
insurance may use a special program to access public health care.
According to UNICEF, in 2001 89 percent of 1-year-olds were immunized
against tuberculosis, 88 percent were immunized against diphtheria and
polio, 90 percent were immunized against measles, and 77 percent were
immunized against hepatitis B. Immunization rates in some eastern and
southeastern provinces lagged behind the rest of the country. Infant
mortality has declined rapidly. According to UNICEF, the infant
mortality rate dropped from 163 per 1,000 in 1960 to 36 per 1,000 in
2001.
Children have suffered greatly from the cycle of violence in the
southeast. In the past, the migration--forced or voluntary--of many
families, past terrorism against teachers, and school closings uprooted
children and moved them to cities that were hard pressed to find the
resources to provide basic, mandatory services such as schooling.
Persons with Disabilities.--According to both HRA and the
Federation of Associations for Disabled People, there was no direct,
specific discrimination against persons with disabilities, although
they did suffer from a lack of economic opportunity. Persons with
disabilities have some special privileges, such as the right to
purchase products of the State Economic Enterprises at a discounted
rate, or acquire them at no cost. During the year, the Government
briefly revoked this privilege, but the Federation lobbied successfully
to have it restored. The law does not mandate accessibility to
buildings and public transportation for persons with disabilities.
According to a 2000 UNICEF report, welfare institutions provided
``limited financial, employment and educational support to the
handicapped.'' According to the report, the number of persons with
disabilities was unknown. The Ministry of Education reports that there
were 1.1 million children with disabilities in the country. Although
there were many government institutions for persons with disabilities,
most attention to persons with disabilities remained at the individual
and family level. The Government established an ``Administration of
Disabilities'' office under the Prime Ministry in 1997, with the
mandate to develop cooperation and coordination among national and
international institutions and to conduct research into issues such as
delivery of services. Companies with more than 50 employees were
required to hire persons with disabilities as 2 percent of their
employee pool, although there was no penalty for failure to comply.
National/Racial/Ethnic Minorities.--The Constitution provides a
single nationality designation for all Turks and thus does not
recognize ethnic groups as national, racial, or ethnic minorities.
Citizens of Kurdish origin constituted a large ethnic and linguistic
group. Millions of the country's citizens identified themselves as
Kurds and spoke Kurdish. Kurds who publicly or politically asserted
their Kurdish identity or publicly espoused using Kurdish in the public
domain risked public censure, harassment, or prosecution. However,
Kurds who were long-term residents in industrialized cities in the west
were in many cases assimilated into the political, economic, and social
life of the nation, and much intermarriage has occurred over many
generations. Kurds migrating westward (including those displaced by the
conflict in the southeast) brought with them their culture and village
identity, but often little education and few skills.
There were no reports that Kurt-Kav experienced any problems during
the year. There were numerous reports of citizens of Kurdish origin
being prevented from registering their newborn children with Kurdish
names. In some cases, charges were filed against the parents. Birth
Registry Law 1587 outlaws ``names which do not fit the country's
national culture, moral rules, customs or traditions, or which harm the
general public.'' There were numerous restrictions against free
expression in Kurdish and pro-Kurdish political parties (see Section
2.a. and 3).
In September the Government implemented reforms designed to allow
private courses teaching Kurdish and other non-Turkish languages ``used
by Turkish citizens in their daily lives.'' However, by year's end,
there were no such courses operating. Demand for private Kurdish
courses was limited, and Kurdish rights advocates argued that the
regulations placed prohibitive costs by requiring that Kurdish courses
be established in separate institutions, rather than added to existing
language schools. In November the Government adopted regulations
designed to allow, under tight restrictions, broadcasts in Kurdish and
other non-Turkish languages (see section 2.a.). No Kurdish-language
television broadcasts, radio programs, or courses were in place at
year's end.
Police exerted pressure against Kurdish cultural groups and
hindered their activities, and local officials monitored and often
interrupted their cultural events. In January the Jandarma arrested 500
students at Van's Centennial University after they petitioned the
rector to include Kurdish among the university's elective courses. In
February a court ordered the closure of the Mesopotamia Cultural
Center, established to promote Kurdish language and culture. In January
authorities closed the Kurdish Institute, charging the organization
with violating the Law on Private Education. Hasan Kaya, the head of
the Institute, was acquitted in three separate cases between December
2001 and August, including charges of opening an illegal language
course and separatist propaganda.
The Ministry of Education tightly controlled the curriculum in
schools (except foreign-language schools not part of the country's
system). The small numbers of Greek-language students had little
opportunity to continue their education in the country, and
consequently many went to Greece, often never to return.
No accurate estimate of the Romani population existed, but it may
be significant in regions near Bulgaria and Greece. According to HRF,
although no incidents of public or government harassment directed
against Roma were reported, experts claimed that Roma experienced
discrimination, for example, regarding employment. The Government began
revising the definition of ``gypsy'' in official dictionaries; the old
definition had included terms such as ``shameless'' and ``thief.''
There were indications of relaxed restrictions on cultural
expression. On Victory Day (August 30) a famous Turkish singer
performed in several languages--including Kurdish, Armenian, Greek, and
Turkish--during a concert in Ephesus supported by the Minister of
Culture. In November a photography exhibition on the Syriacs was held
in Diyarbakir with no restrictions. In August the Tunceli Culture and
Nature Festival took place with no bans on Kurdish songs.
Section 6. Worker Rights
a. The Right of Association.--Workers, including civil servants
with the exception of police and military personnel, have the right
under the Constitution to associate freely and form representative
unions. The Constitution stipulated that no one shall be compelled to
become, remain a member of, or withdraw from a labor union. Unions were
independent of the Government and political parties. However, there
were some limits to the right of association. Unions were required to
obtain official permission to hold meetings or rallies and must allow
government representatives to attend their conventions and record the
proceedings. Prosecutors may ask labor courts to order a trade union or
confederation to suspend its activities or to go into liquidation for
serious infractions, based on alleged violation of specific legal
norms; however, the Government could not dissolve a union summarily.
Slightly more than 13 percent of the total civilian labor force (15
years of age and above) were unionized. The labor force numbered
approximately 24 million, with approximately 35 percent employed in
agriculture. There were three confederations of labor unions: The
Turkish Confederation of Workers Unions (Turk-Is), the Confederation of
Turkish Real Trade Unions (Hak-Is), and the Confederation of
Progressive Trade Unions (DISK). There also were 4 public employees
unions and 27 independent unions. Unions and their officers had a
statutory right to express their views on issues directly affecting
members' economic and social interests. The Constitution prohibits
unions and confederations from being involved in activity against the
basic democratic principles of the country. Unions cannot give
financial assistance or receive financial assistance from public
authorities and political parties; unions also cannot be founders of
political parties, use the name or emblem of a political party, or be
involved in commercial activity.
The law prohibits antiunion discrimination and the Constitution
prohibits pressuring a worker into becoming or refusing to become a
union member; however, such discrimination occurred occasionally in
practice.
The International Labor Organization (ILO) has urged the Government
to take the necessary measures to ensure that workers have effective
protection against antiunion discrimination. The law on trade unions
stipulates that an employer may not dismiss a labor union
representative without rightful cause. The union member may appeal such
a dismissal to the courts, and if the ruling is in the union member's
favor, the employer must reinstate him and pay all back benefits and
salary. These laws generally were applied in practice. However, private
sector employers continued to try to eliminate unions.
With government approval, unions formed confederations and joined
international labor bodies, as long as the organizations were not
hostile to the country or to freedom of religion or belief. Turk-Is,
Hak-Is, and DISK were affiliated with the International Confederation
of Free Trade Unions (ICFTU).
In August Parliament passed a job security law designed to bring
labor law into conformity with ILO Convention 158, which the Government
ratified in 1995; the law is scheduled to take effect in 2003. The law
requires employers to give a valid reason for terminating a contract
and set standards for notices of termination. The law stipulates that
membership in a union is not a valid reason for termination.
b. The Right to Organize and Bargain Collectively.--All industrial
workers have the right to organize and bargain collectively, and most
industrial and some public sector agricultural workers were organized.
In August civil servants were, for the first time, able to exercise the
right to bargain collectively, following the implementation of the 2001
Public Servants Law. Out of 9 million labor contract workers,
approximately 1.3 million were in collective contracts.
However, there were limits on this right. The law requires that, in
order to become a bargaining agent, a union must represent 51 percent
of the employees at a given work site, and 10 percent of all the
workers in that particular industry. This barrier had the effect of
favoring established unions, particularly those affiliated with Turk-
Is, the confederation that represents approximately 80 percent of
organized labor. The ICFTU reports that, as a result of the law,
workers in many sectors of economic activity were not covered by a
collective agreement.
The ILO has called on the Government to rescind the 10 percent
rule, stating that it violates ILO Convention 98 on the rights to
organize and collective bargaining. However, both Turk-Is and the
Turkish Employers' Organization favor retention of the 10 percent rule,
since each confederation has an established membership area. The
Government has taken no action to amend the rule.
The constitutional right to strike was restricted. For example, the
Constitution does not permit strikes by civil servants, workers engaged
in the protection of life and property, and those in the mining and
petroleum industries, sanitation services, national defense, and
education. The right to strike was suspended for the first 10 years of
a company's operations in the 9 free trade zones. However, workers
continued to violate these restrictions with impunity. According to
Hak-Is, there were a total of 27 strikes during the year involving
4,618 workers. The majority of strikes during the year were illegal,
and there was no reported retaliation against workers.
Collective bargaining was required before a strike. The law
specifies the steps that a union must take before it may strike or
before an employer may engage in a lockout; non-binding mediation is
the last of those steps. A party that fails to comply with these steps
forfeits its rights. Unions were forbidden to engage in secondary
(solidarity), political, or general strikes or in slowdowns. The
employer may respond to a strike with a lockout but is prohibited from
hiring strikebreakers or using administrative personnel to perform jobs
normally done by strikers. The law governing collective bargaining,
strikes, and lockouts prohibited the employer from terminating workers
who encouraged or participated in a legal strike. In sectors in which
strikes were prohibited, disputes were resolved through binding
arbitration.
The Government has the statutory power under the law to suspend
strikes for 60 days for reasons of national security or public health
and safety. Unions may petition the Council of State to lift such a
suspension. If this appeal fails, and the parties and mediators fail to
resolve the dispute, the strike is subject to compulsory arbitration at
the end of the 60-day period. The ILO's Committee of Experts and the
Committee on the Application of Standards regarded the Government's
application of the law as too broad, and they have called on the
Government to limit recourse to compulsory arbitration to essential
services in the strict sense of the term. The Government asserted that
the law does not contradict the Committees' principles.
According to Hak-Is, there were a total of 27 strikes during the
year involving 4,618 workers. There were no lockouts in the private or
public sectors. Some civil service organizations continued to
demonstrate for the right to strike and for higher salaries. In
December an Ankara court convicted 35 trade unionists, including
Alaaddin Dincer, chairman of the teachers' union Egitim-Sen, of staging
an illegal demonstration during a 2001 protest calling for the right to
strike for civil servants.
A law enacted in 1984 provided for the establishment of free trade
and export processing zones, which are intended to attract domestic and
particularly foreign investment, and to promote international trade.
There were nine such zones operating in Mersin, Antalya, the Aegean
region, Trabzon, Istanbul (two), eastern Anatolia, Mardin, and Rize.
Union organizing and collective bargaining are permitted in the zones;
however, the right to strike is suspended for the first 10 years of
operation of a particular business in the zone. In the meantime, labor
disputes that cannot be settled by the parties were subject to
compulsory arbitration. Workers inside the zones were paid in foreign
rather than Turkish currency, giving them some protection against
inflation.
c. Prohibition of Forced or Bonded Labor.--The Constitution and
statutes prohibit forced or bonded labor, including by children;
however, there were reports that such practices occurred (see Section
6.f.). Some parents forced their children to work on the streets and to
beg (see Section 6.d.). There were no reliable statistics for the
number of children working on the streets nationwide. According to the
Ministry of Labor, there were an estimated 10,000 children working on
the streets in Istanbul and 3,000 in Gaziantep. At year's end, the
Government was preparing a survey designed to determine the scope of
the problem (see Section 6.d.). The Government operated 28 centers
providing assistance to children working on the streets.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The Constitution and labor laws forbid the full-time
employment of children younger than 15, with the exception of those 13
or 14 years of age who may engage in light, part-time work if enrolled
in school or vocational training. The Constitution also states that
``no one shall be required to perform work unsuited to his/her age,
sex, and capacity.'' With this article and related laws, the Government
undertook to protect children from work unsuited to their age and
capacity, such as underground mining, and from working at night.
According to the labor law, children who attend school can work no more
than 7 \1/2\ hours a day, inclusive of school time. The Ministry of
Labor effectively enforced these laws only in large-scale industrial
and service sector enterprises. Children working in agriculture,
household-based establishments, establishments with three or fewer
workers, and apprenticeship training centers and those working as
domestic servants were subject to the Code of Obligations, which failed
to provide a minimum age of employment. However, according to the Code
of Obligations, children between the ages of 12 and 16 may not work at
night and may work for no more than 8 hours a day.
Child labor was widespread, though it appeared to be decreasing.
The State Statistical Institute (SSI) estimated that there were
approximately 1 million child laborers as of September. SSI recorded an
8.6 percent decrease in child labor for the first 6 months of the year
compared with the same period in 2001. SSI reported a 50 percent drop
from 1994 to 1999. According to statistics provided in an October 1999
SSI report, 961,000 children worked in family businesses and did not
receive wages, 257,000 were seasonal workers, and 387,000 were wage
earners.
Child labor was used most often in small-sized enterprises.
According to a study on child labor conducted by Hacettepe University
in August 2001, 79.4 percent of children who were employed lived in
rural area, and 92.6 percent of those children were engaged in the
agricultural sector.
In practice many children worked because families needed the
supplementary income. An informal system provided work for young boys
at low wages, for example, in auto repair shops. Girls rarely were seen
working in public, but many were kept out of school to work in
handicrafts, particularly in rural areas. The bulk of child labor
occurred in rural areas and often was associated with traditional
family economic activity, such as farming or animal husbandry. It was
common for entire families to work together to bring in the harvest.
The gradual elimination of child labor was a national priority. The
Government recognized the serious problem of child labor and worked
with the ILO to document its extent and to determine solutions. The
Ministry of Labor, the ILO's International Program on the Elimination
of Child Labor (IPEC) government partner, has been actively combating
child labor since 1992, when it established a Child Labor Unit and
trained Ministry of Labor inspectors specifically in child labor
issues. The Government and the ILO signed an agreement to extend IPEC
until 2006. Labor inspectors only covered areas that are defined in the
labor laws. Approximately 108 of the 700 field inspectors have been
trained to handle child labor issues. Many children were working in
areas that were not covered by labor laws, such as agriculture or the
informal economy, and were therefore beyond the reach of the
inspectorate.
Small enterprises preferred child labor because it was cheaper and
provided practical training for the children, who subsequently were
preferred for future employment in the same workplace. If children
employed in these businesses were registered with a Ministry of
National Education Training Center, they went to the center once a week
for training, and the centers were obliged by law to inspect their
workplaces. There were 318 centers located in 80 cities; these centers
provided apprenticeship training in 86 occupations. Only 22.8 percent
of working children took advantage of these schools.
In accordance with ILO Convention 182 on the worst forms of child
labor, the Government identified the worst forms of child labor as
children working: In the streets, in industrial sectors where their
health and safety were at risk, and as agricultural migrant workers. In
cooperation with the ILO, the Government was preparing three surveys as
part of a plan for eliminating child labor.
The Government prohibits forced or bonded labor by children;
however, there were reports that such practices occurred (see Section
6.c. and 6.f.).
e. Acceptable Conditions of Work.--A tripartite government-
industry-union body called the Minimum Wage Commission reviewed the
minimum wage every 6 months. As of October, the monthly net minimum
wage rate was approximately $114 (182 million TL). The national minimum
wage did not provide a decent standard of living for a worker and
family. It was difficult for a single worker, and impossible for a
family, to live on the minimum wage without support from other sources.
However, most workers earned considerably more than the minimum wage.
Turk-Is has unsuccessfully called on the Ministry of Labor to exercise
its authority to waive income tax and social security deductions for
minimum wage earners. According to the results of a 2000 survey
conducted by the Public Workers' Labor Union, a 4-member family
required $396 (633 million TL) per month to live above the poverty
line. Workers covered by the labor law, who constituted approximately
one-third of the total labor force, also received a hot meal or a daily
food allowance and other fringe benefits that, according to the Turkish
Employers' Association, made basic wages alone account for only
approximately 37.3 percent of total compensation.
The labor law set a 45-hour workweek, although most unions have
bargained for fewer hours. The law prescribed a weekly rest day and
limited the number of overtime hours to 3 per day, for up to 90 days in
a year. The Labor Inspectorate of the Ministry of Labor effectively
enforced wage and hour provisions in the unionized industrial, service,
and government sectors, which covered approximately 12 percent of
workers.
In April the Government for the first time paid unemployment
benefits.
The law mandates occupational health and safety regulations, but in
practice the Government did not carry out effective inspection and
enforcement programs. The law allows for the shutdown of an operation
if a five-person committee, which includes safety inspectors, employee,
and employer representatives, determines that the operation endangers
workers' lives. In practice financial constraints, limited safety
awareness, carelessness, and fatalistic attitudes resulted in scant
attention to occupational safety and health by workers and employers
alike. The law sets out procedures under which workers may remove
themselves from hazardous conditions without risking loss of
employment; for example, workers may issue a warning, resign, or demand
compensation.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, there were reports that persons were trafficked
within the country. There were allegations that police allowed
operation of informal brothels in Istanbul and could also be bribed by
traffickers at ports of entry.
In August Parliament passed legislation designating migrant
smuggling and human trafficking as crimes. The article on smuggling
related both to illegally bringing persons into the country and
assisting illegal migrants in transiting the country. Those convicted
of smuggling faced prison sentences of 2 to 5 years. Those convicted of
human trafficking or forcing persons to work faced 5 to 10 years
imprisonment, but the Government tended to treat trafficking in persons
as a voluntary prostitution and illegal migrant issue. There were no
statistics on traffickers or trafficking prosecutions and convictions
available by year's end.
According to the Government, of 850 persons captured in 2000 for
offenses relating to trafficking or facilitating illegal immigration,
350 were arrested and charged. However, no further information could be
obtained about their cases.
In October the Government formed an Anti-Trafficking Task Force
comprising officials from the ministries of Foreign Affairs, Health,
Interior, Justice, and Labor, plus the Directorate General for Social
Services and Child Protection, the Directorate General on the Status
and Problems of Women, and scholars from Marmara University. The Task
Force began developing a National Action Plan and creating a
trafficking database. The International Organization for Migration
(IOM), ILO, and UNHCR work closely with the Government.
The country was a transit point and a destination country for
victims of trafficking; reportedly there was almost no trafficking of
Turkish women and girls out of the country. There were no government
statistics on the number of trafficking victims. Women and girls were
trafficked to the country mostly from Romania, Georgia, Russia,
Ukraine, Moldova, Armenia, Azerbaijan, and Uzbekistan. It was also a
transit country for the trafficking of women primarily from Central
Asia, the Middle East, Africa, and the former Yugoslavia to other
countries in Europe. According to a 1995 study by the IOM, victims
arrived by foot, trains, boats, and planes. Most trafficking activity
occurred in Istanbul, Izmir, and Trabzon. Many women and girls came to
the country believing that they would be working as models, waitresses,
or dancers and found themselves forced into prostitution. In some
cases, girls from Romanian orphanages were kidnapped and trafficked.
Women who attempted to escape their traffickers have been beaten,
raped, or killed. There were reports that criminal syndicates forced
women to sign work contracts that amounted to debt bondage. Russian and
Ukrainian organized crime groups reportedly were the primary
trafficking organizations, although some reports by NGOs suggested that
traffickers recruited in Eastern Europe, particularly Moldova.
Those who were trafficked into Turkey generally were detained and
deported, without proper screening necessary to determine whether they
were victims of trafficking. According to the Passport Law, if a
prostitute or a trafficker is a foreigner, the person is immediately
deported. The Law on Residence and Travelling authorizes the Ministry
of Interior, governors, and subgovernors to deport foreigners after 15
days notice. If the same person is reported again for the same offense,
no further notices are made and the person may be deported immediately
if captured again. After women were deported, they often were
retrafficked back to Turkey.
In December the Women's Status and Problems Directorate General,
attached to the Ministry of Labor, organized a panel on human
trafficking in Ankara. In October the Government sent representatives
to a regional antitrafficking seminar in Bucharest. Bar associations
and some provincial governments operated hot lines for women and
children that could be used by trafficking victims for a fee.
The Government did not provide any formal protection, aid, or
education to victims of trafficking and did not allocate any funding to
victims. Victims were not encouraged to file civil suits or seek legal
action against their traffickers. There were nine domestic violence
shelters in Turkey; non-Turkish citizens in theory could use one of
these shelters, but they were unlikely to know how to access them.
In December the Ministry of Labor organized a conference on human
trafficking. There have not been any official antitrafficking
information campaigns. The IOM, ILO, and UNHCR worked closely with the
Government.
----------
TURKMENISTAN
Turkmenistan is a one-party state dominated by its president, who
continued to exercise power in a Soviet-era authoritarian style despite
Constitutional provisions nominally establishing a democratic system.
President Saparmurat Niyazov, head of the Turkmen Communist Party since
1985 (renamed the Democratic Party of Turkmenistan in 1992) and
President of the country since its independence in 1991, legally may
remain in office until his death, although he publicly announced his
intention to hold elections between 2008 and 2010. Niyazov retained his
monopoly on political power and on the Democratic Party, which remained
the sole political party in the country. Emphasizing stability and
gradual reform, official nation-building efforts continued to focus on
fostering Turkmen nationalism and the glorification of President
Niyazov. The 50-member unicameral Parliament (Mejlis) has no genuinely
independent authority, and in practice the President controlled the
judicial system.
The Ministry of National Security (MNB), formerly the Committee on
National Security (KNB), had the responsibilities formerly held by the
Soviet Committee for State Security (KGB); primarily to ensure that the
regime remains in power through the tight control of society and the
suppression of dissent. In 2001 the President gave the Chairman of the
KNB additional responsibilities to supervise both the military and the
Ministry of Foreign Affairs, and on September 10, the President
elevated the agency to a Cabinet-level Ministry. The MNB reportedly
exercised wide discretion over issues such as exit visas and Internet
access and worked to limit personal freedoms. The Ministry of Internal
Affairs directed the criminal police, which worked closely with the MNB
on matters of national security. Both forces committed human rights
abuses.
The country's economy remained dependent on central planning
mechanisms and state control, although the Government has taken a
number of small steps to make the transition to a market economy. The
Government estimated the total population to be 5.7 million. Most of
the workforce was engaged in agriculture, which accounted for nearly
half of total employment.
The Government's human rights record remained extremely poor, and
it continued to commit serious abuses. The human rights situation
deteriorated markedly after an armed attack against President Niyazov
on November 25, which the regime characterized as an attempt to
assassinate the President and effect a coup d'etat. The Government
moved quickly against perceived sources of opposition at home and
abroad, requesting that several foreign governments extradite alleged
conspirators in the plot to topple the regime. There were widespread,
credible reports of human rights abuses committed by government
officials in the course of investigating the attack, including credible
reports of torture. There were numerous violations of due process under
the law. The Government denied all charges of abuse, but did not
provide regular access to foreign citizens accused of participating in
the plot. Government authorities detained hundreds of relatives of
those implicated in the plot, some of whom were physically abused and
denied access to medical treatment. Relatives of those implicated in
the attack also lost their jobs, were dismissed from university, and
were evicted from their homes without compensation. At year's end, many
remained under house arrest and were not allowed to leave the country
or travel internally.
Authorities severely restricted political and civil liberties.
Citizens did not have the ability to change their government
peacefully. The Government registered no parties during the year and
continued to repress all opposition political activities. Security
forces continued to beat and otherwise mistreat suspects and prisoners.
Arbitrary arrest and detention were problems. Both the criminal police
and the MNB operated with relative impunity and abused the rights of
individuals as well as enforced the Government's policy of repressing
the political opposition. Prison conditions remained poor and unsafe.
The judiciary was not independent. Prolonged pretrial detention and
unfair trials remained problems. Interference with citizens' privacy
remained a problem. The Government held at least one political
prisoner. The Government continued to demolish large numbers of private
homes; many displaced homeowners received little or no compensation for
their loss. The Government sought to limit marriages between citizens
and foreigners, purportedly to protect spouses and children.
The Government severely restricted freedom of speech and did not
permit freedom of the press. The Government completely controlled the
media, censored all newspapers and the Internet, and never permitted
independent criticism of government policy. Academic freedom declined.
The Government restricted freedom of assembly and association. The
Government continued to place limitations on the activities of
nongovernmental groups, including minority religious groups, most of
which were unable to register with the Government. The Government
exercised control over religious expression. Adherents of unregistered
religions were subject to various forms of harassment including arrests
and abuse. The Government restricted freedom of movement. In January it
abolished the exit visa requirement; however, President Niyazov
proposed reintroducing an exit permission regime for citizens at the
Halk Maslahaty (Council of Elders) meeting on December 30 in response
to the November 25 attack. There were no domestic human rights groups
because of restrictions on speech and association. Foreign diplomats
observed one trial proceeding. Domestic violence and societal
discrimination against women was a problem. The Government generally
gave favored treatment to ethnic Turkmen over minorities. The
Government severely restricted labor rights.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
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 widespread credible reports that security officials frequently
beat criminal suspects and prisoners and often used force to obtain
confessions. There were credible reports that political prisoners were
singled out for cruel treatment. There were credible reports that
suspects in the November 25 attack against President Niyazov were
suffocated to the point of unconsciousness, beaten, and subjected to
electric shock torture to coerce confessions during pretrial
interrogations by security officials. There were credible reports that
authorities detained and threatened to torture relatives of those
implicated in the attack to coerce confessions, that relatives of those
implicated in the attack were beaten with water bottles to avoid
bruising, injected with psychotropic drugs, and subjected to electric
shock torture, and that their female relatives were sexually assaulted
and threatened with rape. There were reports that prisoners needing
medical treatment were beaten on their way to and from the hospital.
Security forces also used denial of medical treatment and food, verbal
intimidation, and placement in unsanitary conditions to coerce
confessions.
There were credible reports that authorities used intimidation and
threats during the interrogation of one former high government official
who was sentenced in October (see Section 1.d.).
In September and October, there were reports that former high
government officials were denied proper medical treatment while in
detention (see Section 1.d.). One of the officials reportedly suffered
a heart attack shortly after he was detained and did not receive
adequate medical treatment until shortly before his trial 1 month
later.
In March the Government initiated an internal investigation of the
KNB and other security organs, allegedly in part because of allegations
of human rights abuses. President Niyazov openly criticized several
members of the KNB and other ministries for violating the law,
including illegal searches of private homes. Some of those criticized
for human rights abuses later were dismissed from their positions and
stripped of their rank. Prosecutions were initiated against the senior
leadership of the KNB. Additionally, the MNB has reportedly set 3 hours
every Monday during which it would accept complaints from the public.
During the fall there were several incidents in which persons
attempting to illegally cross the border to Uzbekistan border were
shot, resulting in at least 1 death. The authorities said that bandits
were responsible for the shootings; however, Uzbekistan border guards
claimed that Turkmen authorities were responsible.
Prison conditions were poor, and prisons were unsanitary,
overcrowded, and unsafe. Disease, particularly tuberculosis, was
rampant, in part because prisoners who were ill were often not removed
from the general prison population. Food was poor and prisoners
depended on relatives to supplement inadequate food supplies.
Facilities for prisoner rehabilitation and recreation were extremely
limited. Some prisoners have died due to the combination of
overcrowding, untreated illnesses, and lack of adequate protection from
the severe summer heat. In Turkmenbashy prison, inmates reportedly were
held 14 to a cell and were permitted visits from relatives once every 3
months. Relatives could bring food one time each month. Those who did
not receive food from relatives suffered greatly. In Kizlkaya prison,
near Dashoguz, prisoners were forced to work in a kaolin mine under
hazardous and unhealthy conditions (see Section 6.c.).
In November several hundred inmates broke out of a pretrial
detention center near the city of Tejen. Overcrowding and lack of food,
occasioned in part by an unusually large number of detainees awaiting
review of their sentences in connection with the upcoming presidential
pardon, reportedly sparked the jailbreak.
There were three types of prisons throughout the country:
Educational-labor colonies; correctional-labor colonies; and prisons.
In the correctional-labor colonies, there were reports of excessive
periods of isolation of prisoners in cells and ``chambers.'' A new
prison for hardened criminals and political prisoners, located
approximately 42 meters from Ashgabat, was reportedly completed by
year's end. Authorities allegedly threatened, harassed, and abused
prisoners in an attempt to force some prisoners to renounce their
faith.
Men were held separately from women, and juveniles were held
separately from adults. Political prisoners were not held separately,
and usually were sent to maximum security facilities. Pretrial
detainees were usually held separately from convicted prisoners in
detention centers; however, there were credible reports that
individuals held in connection with the November 25 attack were held
together with convicted prisoners in detention centers.
Although the Government permitted the Organization for Security and
Cooperation in Europe (OSCE) Mission to visit a correctional facility
in 2001, the Government refused requests from foreign diplomats to
visit correctional facilities by year's end.
d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and
detention were problems. On April 12, President Niyazov signed a law--
proposed by the Parliament (Mejlis)--transferring sole authority for
approving arrest warrants to the Chairman of the Cabinet of Ministers,
a position held by the President. Those expressing views critical of or
different from those of the Government have been arrested on false
charges of committing common crimes (see Section 2.a.).
A warrant is not required for an arrest. Citizens may be detained
for up to 72 hours without a formal arrest warrant. A detainee must be
issued a formal bill of indictment within 7 days of formal arrest and
is to be afforded immediate access to an attorney once a bill of
indictment has been issued. Under the law, a person accused of a crime
may be held in pretrial detention for no more than 2 months, but in
exceptional cases this may be extended to 6 months. However, in
practice authorities often denied these rights.
The former Mayor of Turkmenbashi, Khalmamed Durdiev, was arrested
in February and was sentenced to 12 years' imprisonment in May for
misappropriating state funds, abusing his office as mayor, and
committing fraud and forgery. His sentence prompted public
demonstrations in Turkmenbashi in May (see Section 2.b.). On September
14, Durdiev was released from prison after the President stated that he
had received wrong information about the former Mayor's alleged
economic crimes. In December despite his release and apparent public
exoneration by President Niyazov, the Supreme Court denied Durdiev's
request for reinstatement of the property confiscated after he was
initially found guilty.
In April the MNB arrested Geldy Kyarizov, former head of the
national company Turkmenatlary, for numerous crimes, reportedly because
of his disagreements with the economic and political practices of
President Niyazov. He remained in detention at year's end.
In October a district court in Ashgabat found two former high-
government officials guilty of fraud, misappropriating funds and three
other minor charges (see Section 1.c.). Both received lengthy prison
sentences and had their property confiscated.
In December authorities arrested a prominent civil society activist
and accused him of illegally crossing the border and concealing a crime
from government authorities. The purported crime was his attendance at
an opposition meeting outside the country at which government
authorities alleged that violent regime change was discussed, a charge
other attendees of the meeting rejected.
The Government held political detainees; however, the precise
number held at year's end was unknown. Although the Penal Code
prohibits a person from being sentenced twice for the same offense, on
May 27 Keston News Service reported that Nikolai Shelekhov--a member of
Jehovah's Witnesses--was sentenced a second time for refusing
conscription based on his religious beliefs. Shelekhov had already
served a full prison sentence for the same charge. By year's end,
Kurban Zakirov--a member of Jehovah's Witnesses--remained in detention
for refusing to swear an oath of loyalty to the President, despite
serving his full prison sentence.
The Government used forced exile and internal exile as punishment
during the year. In 1999 President Niyazov announced plans to deport to
remote areas any government officials who were found to have committed
crimes. In November the President issued a decree for resettlement of
residents of Dashoguz, Lebap, and Ahal Velayats (provinces) to an area
in the northwest of the country, stating that the plan would better
distribute labor resources and prompt development (primarily
agricultural) of rural areas of the country. Unconfirmed reports
suggested that the resettlement plan would principally affect ethnic
Uzbeks living in those Velayats (see Section 5). President Niyazov
later called for accelerated implementation of the resettlement plan,
stating that it would encompass those who had ``lost the respect of the
nation and disturbed social tranquility with their bad behavior,'' a
remark widely interpreted as being directed at those implicated in the
November 25 attack and their relatives.
During the year, there were reports that former ministers had been
ordered to leave Ashgabat and were placed under house arrest in their
family homes for various criminal accusations after being dismissed by
President Niyazov. The President proposed that the officials,
accompanied if they desired by their families, could work off their
sentences in exile. Almost all prominent political opponents of the
Government chose to move to Russia, Sweden, Norway, or the Czech
Republic for reasons of personal safety; none returned during the year.
Religious leader Hoja Ahmed Orazgylychev remained in internal exile
in Tedjen, after serving a prison term for unregistered religious
activity.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary was not
independent. The President's power to select and dismiss judges
subordinated the judiciary to the Presidency. The President appointed
all judges for a term of 5 years. There was no legislative review of
these appointments, except for the Chairman (Chief Justice) of the
Supreme Court, and the President had the sole authority to remove all
appointees from the bench before the completion of their terms.
The court system consists of a Supreme Court, 6 provincial courts
(including 1 for the city of Ashgabat), and, at the lowest level, 61
district and city courts. The Government abolished all military courts
in 1997. Criminal offenses committed by members of the armed forces are
tried in civilian courts under the authority of the Office of the
Prosecutor General.
The law provides for the rights of due process for defendants,
including a public trial, the right to a defense attorney, access to
accusatory material, and the right to call witnesses to testify on
behalf of the accused. When a person could not afford the services of a
lawyer, the court appointed one. A person could represent himself in
court. In practice authorities often denied these rights, and there
were few independent lawyers available to represent defendants. There
were credible reports that suspects implicated in the November 25
attack were not afforded regular access to their attorneys and that
defendants' attorneys were not allowed to cross-examine other
defendants in the case during the pretrial investigation.
In practice adherence to due process was not uniform, particularly
in the lower courts in rural areas. Even when due process rights were
observed, the authority of the Government prosecutor was so much
greater than that of the defense attorney that it was very difficult
for the defendant to receive a fair trial. In general foreign diplomats
were not permitted access to ostensibly open court proceedings;
however, in October the Government allowed foreign diplomats access to
the trial of two former government officials(see Section 1.d.).
Lower courts' decisions may be appealed, and the defendant may
petition the President for clemency. In 2001 the President announced he
would amnesty 9,000 prisoners; although a large number of prisoners
were released, the actual number of prisoners released was unknown. On
August 11, the President stated that in December he would amnesty
16,200 prisoners. The official list of prisoners who benefited from the
annual presidential amnesty was published November 24 and included
7,616 prisoners, among them 162 foreigners of indeterminate
nationality. The announcement was timed to coincide with the end of the
Ramadan holiday so that prisoners could arrive home in time to spend
the season with their families.
At year's end, the Government held at least one political prisoner,
Mukhametkuli Aimuradov; although his sentence was reduced by half in
accordance with the 2001 amnesty of prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
government authorities violated these rights frequently. There are no
legal means to regulate the conduct of surveillance by the state
security apparatus, which regularly monitored the activities of
government officials, citizens, opponents and critics of the
Government, foreign residents, and visitors. Security officials used
physical surveillance, telephone tapping, electronic eavesdropping, and
the recruitment of informers. Critics of the Government, and many other
persons, credibly reported that their mail was intercepted before
delivery. Mail delivered to the post office must remain unsealed for
government inspection.
There are rules restricting searches of private homes (see Section
2.c.); however, authorities violated these restrictions on a massive
scale during the course of the investigation into the November 25
attack against President Niyazov. There were credible reports that
authorities searched homes of the accused and their families without
warrants. Authorities confiscated property and evicted families of the
accused with no notice and without court orders. Relatives of some of
those implicated in the attack were evicted several times from
different homes. Some relatives were told that they would be forced to
relocate to other areas of the country under the rubric of a new
resettlement plan proposed by President Niyazov (Section 1.d.).
In the past, authorities have dismissed children from school and
removed adults from their jobs because of the political activities of
relatives. In July and August, relatives of a high-ranking official
reportedly lost their jobs in connection with the Government's
investigation into the official's alleged criminal activities. In
November and December, virtually all relatives of those implicated in
the November 25 attack lost their jobs in connection with the
Government's investigation. School-aged children of suspects and their
relatives were publicly shunned; university students related to those
implicated in the attack were forced to withdraw under threat of public
condemnation. Authorities also threatened supporters of opposition
political movements with loss of employment and homes (see Section
2.b.). In September President Niyazov reiterated a call for background
checks that would span three generations in order to determine the
``moral character'' of university applicants and potential government
appointees (see Section 2.a.). Bribery has become a main component of
the admission process at prestigious departments in universities.
Although officially free, admission to many faculties at Turkmen State
University in Ashgabat reportedly cost several thousand dollars. Paying
bribes for good grades also was a common practice.
On January 4, the Government continued to demolish large numbers of
private homes in Ashgabat as part of the President's beautification
program. Confiscations continued throughout the year. In some cases,
authorities reportedly gave persons as little as 12 hours to collect
their belongings and vacate the homes. Authorities erected additional
monuments and luxury apartment buildings which remained vacant, forcing
numerous families to find alternate housing. Citizens who built their
homes without governmental approval were not offered alternate
accommodations, despite their personal investment in the property,
their length of occupancy, or the degree of hardship they faced as a
result. Most had built their homes with the acquiescence of government
officials, who extorted bribes to allow the construction. In some
cases, the same government officials ordered the subsequent destruction
of the homes. Others who had proper building permits were offered
apartments or plots of land in compensation; however, such plots were
often undeveloped and nonirrigated.
A June 2001 Presidential Decree stated that foreigners or stateless
persons may not marry citizens without meeting several requirements.
The noncitizen must have been a resident of the country for a year, own
a home, be at least 18 years of age, and must post a ``divorce bond''
of $50,000 (26 million manat at the official rate; 1.08 billion manat
at the unofficial rate) with the Government. There were no reports of
marriages in the country under the new law; however, there were reports
that some individuals married abroad to bypass the new law. The
requirements were purportedly instituted to protect Turkmen spouses and
children.
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 severely restricted freedom of speech and did not permit
freedom of the press. The Constitution states that citizens ``have the
right to freedom of belief and the free expression thereof and also to
obtain information unless it is a state, official, or commercial
secret.'' However, in practice those expressing views critical of or
different from those of the Government were arrested on false charges
of committing common crimes (see Sections 1.e. and 2.b.). Criticism of
the Government also could lead to personal hardship, including loss of
opportunities for advancement and employment (see Section 1.f.). In
December the presidential spokesman criticized international media
representatives for their reporting on the November 25 attack against
the President, urging them to base their reports solely on information
released via official government channels. He threatened to deprive
them of accreditation as journalists if they reported any ``arbitrary
phrases or evaluations'' that were inconsistent with the Government's
characterization of the event.
The Government prohibited the media from reporting the views of
opposition political leaders and critics, and it never allowed
criticism of the President. The obsessive focus of the media on
President Niyazov continued during the year and amplified the cult of
personality centered around the President. Criticism of officials was
only permitted if it was directed at those who have fallen out of favor
with the President, and public criticism of government officials was
done almost exclusively by the President himself.
The Government funded almost all print media. The Government
censored newspapers; the Office of the President's Press Secretary's
approval was required for prepublication galleys. There was only one
official Turkmen newspaper published in the Russian language. Foreign
newspapers from abroad were not easily obtainable; on July 16, the
Government prohibited delivery of all Russian-language newspapers into
the country, citing high air-mail delivery rates. The Government used
newspapers to attack its critics abroad. In order to regulate printing
and copying activities, in 1998 the Government ordered that all
publishing houses and printing and copying establishments obtain a
license and register their equipment. In August the Government imposed
a new rule requiring the registration of all photocopiers and that a
single individual be responsible for all photocopying activity.
The Government completely controlled radio and local television.
Owners of satellite dishes had access to foreign television
programming. Use of satellite dishes throughout the country was
widespread. In July the President cut all satellite-cable television
service, reportedly as a result of the recent broadcast on Russian
satellite channels of documentary films that criticized government
policies. There were reports that satellite-cable television was
restored; however, certain channels were no longer received.
All publishing companies were state-owned, and works by authors of
fiction who wrote on topics that were out of favor with the Government
were not published. The Government-controlled Union of Writers in the
past expelled members who criticized government policy; libraries
removed their works.
The Government required all foreign correspondents to apply for
accreditation. On numerous occasions in the past, the Government warned
its critics against speaking with visiting journalists or other
foreigners wishing to discuss human rights problems. There were reports
that the Government harassed those responsible for critical foreign
press items. In September the Government cut the telephone and Internet
connections of a foreign correspondent, searched his home, and
questioned neighbors about possible subversive activities.
Intellectuals and artists reported that security officials
instructed them to praise the President in their work and warned them
not to participate in receptions hosted by foreign diplomatic missions.
The Ministry of Culture's approval was required before plays opened to
the public, ensuring that they did not contain antigovernment or
antipresidential content. In 2001 the President closed the state-
sponsored opera and ballet in Ashgabat, claiming that there was no
place for such institutions in society. Foreign music was still taught
and performed throughout the country; however, there was no official
support for non-Turkmen music.
While Internet access was available, state-owned Turkmen Telecom
was the sole Internet provider. In 2000 the Government withdrew the
licenses of all private Internet providers. There were credible reports
that the Government took this measure in order to monitor Internet
activity, particularly electronic mail. Internet access was
prohibitively expensive for most citizens. There was evidence that the
Government monitored access to opposition Web sites, based in Russia,
through Turkmen Telecom.
During the year, the Government increased its already significant
restrictions of academic freedom. It did not tolerate criticism of
government policy or the President in academic circles, and it
discouraged research into areas it considered politically sensitive,
such as comparative law, history, or ethnic relations. No master's
degrees or doctorates have been granted in the country since 1998. In
2000 universities began reducing the period of classroom instruction
from 4 years to 2 years in accordance with President Niyazov's 1995
declaration that higher education should consist of 2 years of
classroom education and 2 years of vocational training. The President
also decreed that foreign languages in the public education system
could be taught only in special language centers and classes. Foreign
language instruction also was available in private centers.
Restrictions on instruction in non-Turkmen languages and limited
availability of Turkmen-language textbooks contributed to the declining
quality of education.
In 2001 ``Rukhnama,'' President Niyazov's spiritual guidebook on
Turkmen culture and heritage, became a basic school text (see Section
2.c.). As of September 1, each child is required to bring a personal
copy of the Rukhnama to school. Teachers were discouraged from bringing
alternative viewpoints into the classroom. The works of several
writers, poets, and historians were placed on a blacklist because their
portrayal of Turkmen history differed from that of the Government.
According to an international human rights organization, in April 2001
the works were withdrawn from public schools and libraries. In December
the basic English-language textbook for secondary students was
withdrawn from public schools and libraries because the author was
related to an individual implicated in the November 25 attack.
In September President Niyazov reiterated the call for background
checks that would span three generations in order to determine the
``moral character'' of university students prior to entry (see Section
1.f.).
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly; however, the Government restricted
this right in practice. Permits are required for public meetings and
demonstrations; however, they rarely were granted and applications were
screened carefully. Unregistered organizations, particularly those
perceived to have political agendas, were not allowed to hold
demonstrations. However, in May approximately 100 persons spontaneously
demonstrated outside a Turkmenbashi courthouse protesting the guilty
verdict of Khalmamed Durdiev (see Section 1.d.).
In August and September, students at Turkmen State University (TSU)
distributed leaflets criticizing the Government at markets and schools.
There were unconfirmed reports that the MNB arrested six TSU Students
in September for distributing the leaflets; the students remained in
detention at year's end.
The Constitution provides for freedom of association; however, the
Government restricted this right in practice. No political groups
critical of government policy were able to meet the requirements for
registration. The Government used laws on the registration of political
parties to prevent the emergence of potential opposition groups. The
only registered political party was the Democratic Party, the former
Turkmen Communist Party. It was extremely difficult for new
nongovernmental organizations (NGOs) to register with the Government
(see Sectiona.). NGOs that could not register successfully with the
Government often were forced to join an already registered NGO as a
subgroup in order to gain the legal benefits of registered NGOs.
The Government does not forbid membership in a political
organization; however, in practice those who claimed membership in
political organizations other than the Democratic Party of Turkmenistan
were harassed and, in the past, tortured.
Beginning in September 2001, social and cultural organizations
without political purposes came under increased pressure by the
Government. During the year, one NGO was legally registered.
Authorities increased monitoring of NGOs and civil society groups
around the country after the November 25 attack. Authorities refused to
allow a scheduled conference on NGO registration to take place at a
local hotel, which was instead held at a foreign embassy. In September
a local security officer closely questioned a Peace Corps local staffer
about the activities of their organization's volunteers. In the wake of
the November 25 attack, authorities closely questioned host families
about the activities of Peace Corps volunteers and stopped and searched
a vehicle in which a Peace Corps volunteer was traveling.
Under the law citizens have the freedom to associate with whomever
they please; however, authorities have fired or threatened to fire
supporters of opposition movements from their jobs, removed them from
professional societies, and even threatened them with the loss of their
homes (see Section 1.f.). In addition, some citizens with links to
foreigners were subject to official intimidation. Some representatives
of NGOs and civil society activists were questioned by government
officials after attending a reception in honor of International Human
Rights Day at the residence of a foreign ambassador. On several
separate occasions, security officials stopped vehicles and questioned
Turkmen citizens as to why they were traveling with foreign citizens.
c. Freedom of Religion.--The Constitution provides for freedom of
religion, as does the 1991 Law on Freedom of Conscience and Religious
Organizations, which was amended in 1995 and 1996; however, in practice
the Government did not protect these rights. The law has been
interpreted to control religious life tightly and to restrict severely
the activities of all religions. There are no safeguards in the legal
system that provide for remedy against violation of religious freedom
or persecution by private actors.
There is no state religion, but the majority of the population is
Sunni Muslim. The Government has incorporated some aspects of Islamic
tradition into its efforts to redefine a national identity. However,
the Government placed some restrictions on Muslims. For example, the
Government controlled the establishment of Muslim places of worship and
limited access to Islamic education. In a meeting with religious
leaders in January, President Niyazov stated that he had closed all but
one institution of Islamic education to prevent what he believed was
inappropriate instruction of Islam. He also stated that future annual
classes of religious students would be limited to between 15 to 20
students a year, who would study at the Theological Faculty at TSU. The
Government controlled the curriculum of this instruction. The state-
supported Council on Religious Affairs (CRA) was part of the Government
bureaucracy and appeared to exercise direct control over the hiring,
promotion, and firing of both Sunni Muslim and Russian Orthodox clergy,
despite the fact that this role is not listed among the CRA's duties in
the Law on Religion.
There was no official religious instruction in public schools.
However, students were required to study Rukhnama at all public schools
and institutes of higher learning (see Section 2.a.). Mosques were also
required to keep copies of Rukhnama, and President Niyazov has been
mentioned officially in Muslim prayer. The President attempted to use
these teachings in part to supersede other established religious codes,
as well as historical and cultural texts, and thereby shape citizens'
religious and cultural behavior.
According to the law on religious organizations, all congregations
are required to register with the Government; however, in order to
register, a congregation must have 500 citizens (each at least 18 years
old) in each locality in which it wishes to register. Authorities have
interpreted the law to mean that a congregation with 500 members
throughout the country cannot register; that number must be in a single
locale. As a result of these requirements, the Government continued to
deny registration to religious communities, except Sunni Muslims and
Russian Orthodox Christians, most of whom have succeeded in
registering. However, there were credible but unconfirmed reports that
certain congregations of Russian Orthodox Christians were prevented
from practicing their faith despite the religion's registration with
the Government.
Non-registered religious congregations were present in the country,
including Bahai's, Baptists, Hare Krishnas, Jehovah's Witnesses, and
Pentecostals, among others; however, the Government restricted their
activities. Non-registered religious groups were prohibited officially
from conducting religious activities, including gathering,
disseminating religious materials, and proselytizing. This was a
consequence of the Government's interpretations of the law rather than
the law itself, which does not prohibit non-registered religious groups
from gathering. For example, the Law on Public Associations
specifically excludes its application in the case of religious
gatherings. Nevertheless, government authorities regularly applied the
Law on Public Associations when non-registered religious groups meet,
even if the meetings occurred in private homes. Participants were
subject to fines and administrative arrest, according to the country's
administrative code, and once administrative measures were exhausted,
they were subject to criminal prosecution. In such cases, the Soviet-
era 1988 regulation on the procedure for conducting gatherings,
meetings, marches, and demonstrations was applied, although gatherings
in private homes were not within the scope of this regulation.
In November and December, local authorities, including intelligence
and law enforcement officials, pressured a member of the Baha'i faith
to abandon her beliefs, forced her to surrender religious literature,
and threatened to resettle her to a labor colony if she persisted in
teaching and distributing literature about Baha'ism to members of her
village. The incident appears to have been locally isolated; there were
no reports of similar harassment from other Baha'i believers. Members
of minority faiths generally were able to quietly practice their faith
as long as they avoided the attention of authorities.
There was a significant decline in the reports of government
harassment of Baptists. However, on July 14, state officials visited
the homes of two Baptist families and ordered their deportation.
Authorities cited the expiration of the families' residence permits in
November 2001 as the reason for the deportation order. Keston News
Service reported that in January in Khazar, six members of a Baptist
congregation were fined for holding ``illegal services.'' Also in
Khazar, in December 2001, there were reports that authorities
threatened an elderly blind Baptist with eviction from her apartment
after she held a Baptist service that had been raided by secret police
earlier in the week.
In November 2001, police raided a Protestant Word of Life Church in
Ashgabat. Approximately 40 persons were arrested after police dispersed
the gathering held in a private apartment. Three foreign citizens who
participated in the meeting were deported. The other participants
subsequently were released, but authorities imposed large fines on
them. The Church members were threatened with dismissal from work,
confiscation of identity documents, and long-term imprisonment if the
fines were not paid. The owner of the apartment in which the meeting
was held was threatened with eviction. There were no reports on whether
the eviction was carried out. In December 2001, the Keston News Service
reported that several members of the Church were rearrested for their
participation in the November meeting; one member was reportedly
sentenced to 15 days in prison. This report was not confirmed.
In January Baptist prisoner of conscience Shageldy Atakov was
released from prison. Atakov had been in prison since 1999 for
allegedly making an illegal transfer of automobiles in 1994. His
original sentence of 2 years had been extended to 4 years and he was
reportedly fined $12,000 (62.4 million manat at the official rate; 258
million manat at the unofficial rate), an unusually large fine for such
an offense. Atakov denied the charges and claimed that he was being
imprisoned because of his religious beliefs. Following his early
release from prison, Atakov was placed under a month of observation by
agents of the MNB, after which he was given complete freedom of
movement and allowed to receive visitors.
In November 2001, the Government charged the owner of an apartment
for holding meetings of an unregistered religious organization in her
home. The apartment owner was fined and evicted from her apartment. In
January she left the country fearing for her personal safety.
Ethnic Turkmen who have converted to Christianity have been
subjected to official harassment and mistreatment. Ethnic Turkmen
members of unregistered religious groups who were accused of
disseminating religious material received harsher treatment than
members of other ethnic groups, particularly if they have received
financial support from foreign sources.
Foreign missionary activity is prohibited, although both Christian
and Muslim missionaries were present in the country.
The Government attempted to restrict the freedom of parents to
raise their children in accordance with their religious beliefs.
Unregistered religious groups faced government harassment if they
attempted to distribute religious literature.
In January the Government abolished the exit visa regime that
restricted external movement by citizens. Members of unregistered
religious groups were allowed to travel to other countries for
religious meetings without interference, and there were reports of
believers exercising this option. In May approximately 30 Catholics
were allowed to travel to Azerbaijan, to attend a Mass given by the
Pope. During the year, the Government controlled the number of persons
allowed to participate in the annual Muslim pilgrimage to Mecca (the
hajj), specifying that only 187 pilgrims would be allowed to journey to
Mecca (out of the country's quota of 4,600). Transport was to be
provided free of charge by the national airline. However, in January
the Government abolished exit visas, in theory permitting travel to all
those who wished to participate in the Hajj. The Government did not
release statistics on how many pilgrims actually participated in the
Hajj during the year; however, there were anecdotal reports of
individuals participating even though the Government closely screened
travelers.
Keston News Service reported that in December 2001, several members
of Jehovah's Witnesses who had been imprisoned for conscientious
objection were released; however, six coreligionists were not,
reportedly because they refused to swear an oath of loyalty by placing
a hand on the Koran.
The societal attitude toward conversion from Islam to any other
religion generally was surprise, and often disapproval.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The Government restricted both freedom
of movement within the country and travel abroad to some citizens of
the country, and restricted the travel of foreign diplomats within the
country.
Citizens still carried internal passports. These documents were
used primarily as a form of identification, rather than as a means of
controlling movement. The Government tightened restrictions on travel
to border cities and regions, and declared large parts of the country
restricted zones. Residence permits were not required, although the
place of residence was registered and noted in passports.
The Government used its power to issue passports as a means of
restricting international travel. In January the President abolished
the exit visa regime. According to the decree, a foreign entry visa or
an invitation to travel outside of the country would suffice. Travel of
certain citizens remained restricted, including: Convicted criminals,
those required to complete compulsory military service, and those with
access to state secrets. There were also reports that local officials
and some employers restricted individuals from traveling abroad by
allegedly threatening them with the loss of their jobs if they traveled
abroad. However, the President proposed reintroducing an exit
permission regime for Turkmen citizens at the Halk Maslahaty (Council
of Elders) meeting December 30 in response to the November 25 attack.
In July President Niyazov announced restrictions for citizens
traveling to Iran and Uzbekistan, purportedly to control narcotics
trafficking and other smuggling. The Government charged a $6.00 (31,200
manat at the official rate; 129,000 manat at the unofficial rate) fee
for travel; individuals must register their travel, indicating why they
were traveling, the duration of the trip, and whom they intended to
visit. During the fall, there were several incidents in which persons
attempting to illegally cross the border into Uzbekistan were shot,
resulting in one death (see Section 1.c.).
Most citizens were permitted to emigrate without undue restriction,
although there were credible reports that authorities harassed those
who intended to emigrate or who had emigrated and returned to the
country for a visit.
The Government discouraged immigration by ethnic Turkmen living in
Iran, Iraq, Turkey, and other countries and immigration by non-Turkmen
from the former Soviet Union (see Section 5).
The law provides 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 law establishes
procedures and conditions for recognizing refugee status and sets the
legal, economic, and social rights of refugees. The country provides
first asylum if the person is recognized under the mandate of the U.N.
High Commissioner for Refugees (UNHCR). The Government granted refugee
or asylee status to some ethnic Turkmen from Afghanistan and allowed
some Tajik refugees and migrants to reside in the country. During the
year, 58 persons were granted first asylum. The Government cooperated
with the UNHCR and other humanitarian organizations in assisting
refugees. After the start of international military operations in
Afghanistan, the Government agreed to increase its cooperation with the
UNHCR, the International Organization for Migration (IOM), and other
international refugee and relief agencies to assist refugees from
Afghanistan. The Government also played an important role in
facilitating the flow of humanitarian assistance for refugees who
remained in Afghanistan.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens did not have the ability to effect peaceful change in the
Government and had little influence on government policy or decision
making. The 1992 Constitution declares the country to be a secular
democracy in the form of a presidential republic. It calls for the
separation of powers among the various branches of government, but
vests a disproportionate share of power in the Presidency. In practice
President Niyazov's power over the state was absolute; despite the
appearance of decisionmaking by consensus, most decisions were made at
the presidential level, and the country remained a one-man state. A
1994 national referendum, which was neither free nor fair, extended the
President's term to 2002, eliminating the need for the scheduled
presidential election in 1997. In 1999 the Halk Maslahaty proposed, and
the newly elected Parliament approved, a law making an exception to the
constitutionally mandated maximum of two 5-year terms for the
President; however, the exception only applies to Niyazov, as the
country's first president, effectively conferring on him a lifetime
term in office. During the year, Niyazov stated publicly that elections
would be held between 2008 and 2010.
In the 1992 presidential election, the sole candidate was
Saparmurat Niyazov, the incumbent and nominee of the Democratic Party.
The Government announced the election barely a month before voting day,
giving opposition groups insufficient time to organize and qualify to
submit a candidate. The policy of the Democratic Party, according to
its leadership, was to implement the policy of the President. In 1999
the Government changed the national oath to require that citizens swear
personal allegiance to President Niyazov in particular, rather than
just to the presidency as a general institution.
The 50-member Parliament (Mejlis) routinely supported presidential
decrees and had no real independence. In the 1994 Parliamentary
elections, no opposition participation was permitted. The Government
claimed that 99.8 percent of all eligible voters participated. In 1998
President Niyazov promised that the parliamentary elections scheduled
for December 1999 for a reconstituted Parliament would be free and fair
and conducted on a wide democratic basis; however, the elections were
flawed seriously. Although there were at least two candidates for each
Mejlis seat, the Government selected every candidate, and there was no
open discussion of the issues. The Office for Democratic Institutions
and Human Rights (ODIHR) of the OSCE declined to send an observation or
limited assessment mission for the 1999 elections. Diplomatic observers
noted many empty polling stations, extensive use of mobile ballot
boxes, and numerous instances of family voting. Diplomatic observers
noted low turnout for by-elections held in October.
In 1998 President Niyazov called for local councils and village
leaders to have greater power and authority to deal with local issues;
however, in practice even local leaders were selected and dismissed by
the President and were reluctant to make decisions without his
approval. During the year, the President replaced Hakims (governors) in
four of the five velayats (provinces); in Balkan Velayat the Hakim was
replaced twice.
There were 14 women in the 50-member Mejlis. Women served in the
following positions: Deputy Chairman for Economy and Finance; Deputy
Chairman of Textiles and Trade; Prosecutor General; Ambassador to the
U.N.; and Deputy Minister for Social Protection. One woman served as a
provincial governor (Hakim); however, the position of deputy Hakim
often was given to a woman.
Preference was given to ethnic Turkmen in appointed positions in
the Government, and there were 48 ethnic Turkmen, 1 ethnic Russian, and
1 ethnic Tartar in the Mejlis. The largest tribe--the Teke--held the
most prominent roles in cultural and political life. Observers believed
that the Government's preference for ethnic Turkmen officials reflects
a desire to overcome the disproportionate influence of ethnic Russians
during the Soviet period.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights monitoring groups, and
government restrictions on freedom of speech, press, and association
made it extremely difficult to investigate and criticize publicly the
Government's human rights policies. Government officials were not
cooperative and responsive to their views. Several independent
journalists based in Russia reported on human rights in the Russian
press and had contact with international human rights organizations. On
numerous occasions in the past, the Government warned its critics
against speaking with visiting journalists or other foreigners wishing
to discuss human rights problems.
There were no international human rights NGOs operating in the
country.
The OSCE and other foreign diplomats were permitted to attend one
court trial during the year (see Section 1.e.).
In 1999 President Niyazov established a human rights commission,
which he nominally heads. The commission oversaw the work of law
enforcement agencies, the military, and the judiciary, but it appeared
to have little real authority. The commission continued to receive
complaints during the year. The commission is subordinate to the
National Institute for Democracy and Human Rights (IDHR) under the
President, which has been in operation since 1997. The Institute's
mandate is to support the democratization of the Government and society
and to monitor the protection of human rights. The Institute maintained
four full-time staff members to receive and resolve citizen complaints
of arbitrary action. In principle, the Institute reviews complaints and
returns its findings to the individual and the organizations involved;
however, the Institute was not an independent body, and its ability to
obtain redress was limited. Individuals seeking to register complaints
were sometimes physically denied access to the IDHR. In October the
Government published a book by the Institute containing a collection of
Niyazov's speeches praising the country's human rights record.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The Constitution provides for equal rights and freedoms for all,
independent of nationality, origin, and language, and further specifies
equal rights before the law for both men and women. However, cultural
traditions and the Government's policy of promoting Turkmen nationalism
limited the employment and educational opportunities of ethnic
minorities.
Women.--Anecdotal reports indicated that domestic violence against
women was common, but no statistics were available. The subject was not
usually discussed in society, and the majority of victims of domestic
violence kept silent, partly because they were unaware of their rights
or because they were afraid of increased violence from their husbands
and relatives. There were few court cases and occasional references to
domestic violence in the media. One official women's group supported
battered women in Ashgabat. Several groups informally supported victims
of domestic violence in other regions. The law states that rape is
illegal, and these laws were enforced effectively.
Prostitution is illegal, and it was a growing problem due to few
educational and occupational opportunities for young women.
There is no law that specifically prohibits sexual harassment;
however, a case could be tried under existing legislation. There were
anecdotal reports that sexual harassment existed in the workforce;
however, the Government did not discuss this topic publicly.
Women were underrepresented in the upper levels of state-owned
economic enterprises and were concentrated in the health care and
education professions and in service industries. Women were restricted
from working in some dangerous and environmentally unsafe jobs. Despite
such restrictions, women were well represented in a variety of sectors.
Additionally, the military academy is scheduled to graduate its first
battalion of female cadets in 2003. Under the law, women enjoy the same
inheritance and marriage rights as men. However, in traditional Turkmen
society, the woman's primary role was as homemaker and mother, and
family pressures often limited opportunities for women seeking to enter
careers outside the home and advance their education. Religious
authorities, when proffering advice to practicing Muslims on matters
concerning inheritance and property rights, often favored men over
women.
There were only two officially registered women's groups, one of
which was headed by the Deputy Chairperson of the Mejlis and dedicated
in honor of the President's mother. Some NGOs also worked informally on
women's issues. The Government did not acknowledge that women suffered
discrimination and therefore had no specific program for rectifying
women's disadvantaged position in society.
Children.--The Government's social umbrella covered the welfare
needs of children; however, the Government did not take effective steps
to address the environmental and health problems that have led to a
high rate of infant and maternal mortality. In 1999 the Government cut
the number of years of basic education from 10 to 9. There was little
difference in the education provided to girls and boys.
Education was free and compulsory; however, class sizes in the
country continued to increase rapidly, facilities deteriorated, and
funds for textbooks and supplies decreased. Approximately 95 percent of
children between the ages of 7 and 16 attended school on a regular
basis; approximately 1.3 percent of school-age children did not attend
school. It was estimated that 49.1 percent of the student population
were girls.
During the year, the number of teachers in the country was reduced
in accordance with a presidential decree in 2000. Educators were
concerned that this exacerbated the problems of already crowded
classrooms and overworked teachers and further reduced the quality of
education in the country. The ostensible reason for the reduction was
to increase salaries for the remaining teachers; however, past similar
promises have been unfulfilled, and teachers routinely were paid 2 to 3
months late. Wages for teachers and administrators were in arrears in
many districts; this, coupled with the fact that salaries were low, has
caused some teachers to leave the field and seek jobs in the private
sector, increasing the ratio of pupils to teachers.
There was no societal pattern of abuse against children. During the
annual cotton harvest, which typically lasts from mid-September to mid-
November, many schools in agricultural areas were closed and students
worked in the fields.
Persons with Disabilities.--There was some discrimination against
persons with disabilities in employment, education, and the provisions
of state services. The Government did little for persons with
disabilities. Although some societal discrimination existed, many
citizens engaged in activities to assist persons with disabilities.
Government subsidies and pensions were provided for persons with
disabilities, although the pensions were inadequate to maintain a
decent standard of living. Pensions usually ranged between $10 to $30
per month (52,000 to 156,000 manats at the official rate; 215,000 to
645,000 manat at the unofficial rate). Care for persons with
disabilities was provided at the local level. Children with
disabilities, including those with mental disabilities were placed in
boarding schools, in principle with educational and future employment
opportunities provided if their condition allows for them to work; in
practice neither was provided.
According to existing legislation, facilities to allow access by
the persons with disabilities must be included in new construction
projects; however, compliance with the legislation was inconsistent,
and most older buildings were not so equipped.
National/Racial/Ethnic Minorities.--The Constitution provides for
equal rights and freedoms for all citizens. Approximately 77 percent of
the population was Turkmen; Uzbeks made up 9 percent; and Russians 7
percent. There were smaller numbers of Kazakhs, Armenians, Azeris, and
many other ethnic groups. The country has not experienced ethnic
turmoil since independence. However, Uzbeks reported increased
discrimination, including a recent directive that only ethnic Turkmen
can enter officer training at the military academy. There were reports
that ethnic Uzbeks experienced discrimination in job opportunities. In
November President Niyazov issued a decree for resettlement of
residents of Dashoguz, Lebap and Ahal Velayats to an area in the
northwest of the country (see Section 1.d.). Reports suggested that the
resettlement plan would principally affect ethnic Uzbeks living in
those velayats.
As part of its nation-building efforts, the Government attempted to
foster Turkmen national pride, in part through its language policy. The
Constitution designates Turkmen as the official language, and it was a
mandatory subject in school, although it was not necessarily the
language of instruction. The Government closed a number of Russian-
language schools as part of the Government's policy of encouraging use
of the Turkmen language.
The Constitution also provides for the rights of speakers of other
languages to use such languages. While Russian remained common in
commerce and everyday life, during the year, the Government intensified
its campaign to conduct official business solely in Turkmen. In the
past, the President publicly criticized some high-ranking government
officials for their failure to speak Turkmen. Russian-language
newspapers were not widely available (see Section 2.a.). There was only
one official Turkmen newspaper published in the Russian language.
Ethnic minority employees at government ministries reportedly were
given until December 1999 to learn Turkmen, and some government
employees, such as doctors and teachers, were dismissed from their
positions because they failed to learn the language.
Members of ethnic minorities feared that the designation of Turkmen
as the official language placed their children at a disadvantage
educationally and economically. Non-Turkmen complained that some
avenues for promotion and job advancement were no longer open to them.
Only a handful of non-Turkmen occupied high-level jobs in the
ministries, and there were reports that managerial positions were
closed to non-Turkmen. Non-Turkmen were often the first targeted for
dismissal when layoffs occur. As a result of these restrictions, more
and more ethnic Russians viewed their situation in the country as
deteriorating and sought citizenship in Russia.
Section 6. Worker Rights
a. The Right of Association.--The Constitution and the law do not
provide for the right of association; however, the law does not
prohibit this right.
The Constitution and the law do not provide for the right to form
or join a union. While no law specifically prohibits the establishment
of independent unions, there were no such unions, and no attempts were
made to register an independent trade union during the year. The
Government controlled all trade unions. The Colleagues Union claimed a
membership of 1.3 million; its member unions were divided along both
sectoral and regional lines. There was also a registered Union of
Entrepreneurs, which engaged in some philanthropic activities. Unions
may not form or join other federations.
The law does not prohibit antiunion discrimination by employers
against union members and organizers, and there were no mechanisms for
resolving such complaints.
There was no information available on union affiliation with
international unions.
b. The Right to Organize and Bargain Collectively.--The
Constitution and the law do not provide for the right to organize;
however, the law does not prohibit this right.
The law does not protect the right to collective bargaining. In
practice in the state-dominated economy, the close associations of both
trade unions and state-owned enterprises with the Government seriously
limited workers' ability to bargain. The Ministry of Economics and
Finance prepared general guidelines for wages and set wages in health
care, culture, and some other areas. In other sectors, it allowed for
some leeway at the enterprise level, taking into account local factors.
The Government determined specific wage and benefit packages for each
factory or enterprise. Workers, including teachers, often went months
without pay or received their paychecks late (see Section 5).
The law neither prohibits nor permits strikes, and it does not
address the issue of retaliation against strikers. Strikes were
extremely rare, and no strikes were known to have occurred during the
year.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
prohibits forced or bonded labor; however, there were reports in 2000
of prisoners being forced to work in a kaolin mine in Kizlkaya prison,
near Dashoguz, under hazardous and unhealthy conditions (see Sections
1.c. and 2.b.). The law provides for labor as a component of prison
sentences; the prison system includes educational-labor colonies and
correctional-labor colonies.
The Government prohibits forced and bonded labor by children. Some
children worked in cotton harvesting in rural areas (see Sections 5 and
6.d.).
The Government encouraged persons to work voluntarily, particularly
on weekends, in manual labor positions on civic projects.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment of children was 16 years;
in a few heavy industries, it was 18 years. The law prohibits children
between the ages of 16 and 18 years from working more than 6 hours per
day (the normal workday was 8 hours). A 15-year-old child may work 4 to
6 hours per day but only with the permission of the trade union and
parents. This permission rarely was granted.
Violations of child labor laws occurred in rural areas,
particularly during the cotton harvesting season, when teenagers work
in the fields (see Section 5). Children as young as 10 years of age
were allowed to help with the harvest for up to 2 months. The
Government strongly encouraged children to help in the cotton harvest,
families of children who did not help could experience harassment by
the Government. The Government has not signed ILO Convention 182 on the
worst forms of child labor.
The Government prohibits forced and bonded labor by children;
however, there were some reports that such practices occurred (see
Section 6.c.).
e. Acceptable Conditions of Work.--There was no minimum wage. In
1999 the Government raised the average monthly wage in the state sector
to approximately $90 (468,000 manats at the official rate; 1.9 million
manat at the unofficial rate) per month at the official rate. At the
Halk Maslahaty (Council of Elders) meeting in August, the President
announced that wages would be doubled. The new wage rates scheduled to
take effect in February 2003 increased the average state sector salary
in Ashgabat to $173 (900,000 manat at the official rate; 3.7 million
manat at the unofficial rate), and in other regions to $115 (598,000
manat at the official rate; 2.5 million manat at the unofficial rate).
While the Government subsidized the prices of many necessities and
provided others free of charge, this wage did not provide a decent
standard of living for a worker and family. Most households were
multigenerational, with several members receiving salaries, stipends,
or pensions; however, many persons lacked the resources to maintain an
adequate diet.
The standard legal workweek was 40 hours with 2 days off.
Individuals who worked fewer hours during the week or were in certain
high-level positions also could work on Saturdays.
During the Soviet era, production took precedence over the health
and safety of workers; legacies of this system remained. Industrial
workers often labored in unsafe environments and were not provided
proper protective equipment. Some agricultural workers were subjected
to environmental health hazards. The Government recognized that these
problems existed and took some steps to address them, but it did not
set comprehensive standards for occupational health and safety. Workers
did not always have the right to remove themselves from work situations
that endangered their health or safety without jeopardy to their
continued employment.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons, and there were no reports that persons were trafficked to,
from, or within the country.
The Penal Code prohibits prostitution, which is punishable by 2
years' imprisonment or hard labor. The penalty for involvement of a
minor in prostitution or using force, threat, or blackmail to involve
someone in prostitution is 3 to 8 years' imprisonment. The penalty for
procuring persons for prostitution is 3 to 8 years' imprisonment with
the possibility of confiscation of property.
There were unconfirmed and anecdotal reports of women from the
country traveling to Turkey and the United Arab Emirates and working as
prostitutes.
The Government did not have programs in place to combat trafficking
in persons, but cooperated with the IOM in educational efforts on this
topic.
__________
UKRAINE
Ukraine is a mixed parliamentary and presidential republic governed
by a directly elected President, a Prime Minister who heads a Cabinet
of Ministers, and a unicameral Parliament (Rada). The Prime Minister is
nominated by the President and approved by the Rada. The cabinet is
nominated by the Prime Minister and approved by the President but
generally is under the President's direction. The Rada is elected
partially according to proportional representation and partially by
direct constituency mandate. Parliamentary elections, which took place
in March, were an improvement over the 1998 parliamentary polls in some
respects, but important flaws persisted. Incumbent President Leonid
Kuchma was reelected in 1999 in an election described by the
Organization for Security and Cooperation in Europe (OSCE) as having
failed to meet a significant number of the OSCE election-related
commitments. The Constitution provides for an independent judiciary;
however, the courts were subject to political interference and
corruption and are inefficient.
There are two principal security agencies, which have equal
responsibility for internal security: The Security Service of Ukraine
(SBU), which is responsible for intelligence gathering, and the
Ministry of Internal Affairs, which controls the various police forces.
The Minister of Internal Affairs is a member of the Cabinet of
Ministers, while the SBU enjoys special status within the executive
branch and reports directly to the President. The State Tax
Administration also has law enforcement powers, which it exercises
through the tax police. The Office of the Prosecutor General prosecutes
criminal cases and is responsible for enforcement of court decisions in
criminal cases. The armed forces largely remained outside of politics.
However, government agencies interfered indirectly in the political
process through criminal and tax investigations of politicians,
journalists, and influential businessmen. Civilian authorities
generally maintained effective control of the security forces. Members
of the security forces committed human rights abuses; however, the
extent to which the authorities were complicit or acquiescent in these
abuses was uncertain.
The economy is mixed, with the private sector accounting for 65 to
70 percent of gross domestic product (GDP). The country has a total
population of 48,457,000. While the official GDP was only approximately
48 percent of its pre-independence (1990) level, the economy grew by
5.8 percent in 2000, 9 percent in 2001, and 4.1 percent during the
year. The economy was burdened by wage nonpayment and arrears, and the
shadow economy (defined as activity deliberately unreported for
purposes of tax evasion) accounted for a significant proportion of real
income. Wage arrears decreased by approximately 20 percent in 2001.
Investment remained at low levels, with many potential investors
discouraged by rampant corruption, onerous taxation, arbitrary
licensing practices, and an inefficient judicial system that yielded to
political pressure. Wealth was concentrated in the political elite and
among directors of the state-dominated sectors such as metals, oil, and
gas.
The Government's human rights record remained poor and in some
cases worsened; however, there were also some improvements in some
areas. Police and prison officials tortured and beat detainees and
prisoners, with unconfirmed reports that they killed one detainee. The
beating of conscripts in the army by fellow soldiers was common and at
times resulted in death. Police abuse and harassment of racial
minorities was a continuing problem. The Government rarely punished
officials who committed abuses. Prison conditions remained harsh and
life-threatening, particularly because of exposure to disease.
Arbitrary arrest and detention were problems, as was lengthy pretrial
detention in very poor conditions; however, the courts continued to
release defendants from confinement pending trial. Political
interference and corruption affected the judicial process. The
judiciary also was overburdened, inefficient, and lacked sufficient
funding and staff. Long delays in trials were a problem. In July 2001,
a series of amendments to the laws that regulate the system of courts
and the administration of justice were implemented and included the
transfer of the right to issue arrest warrants, residential search
warrants, and wiretap orders from prosecutors to the courts. At year's
end, it was still too early to evaluate the overall effects of these
changes.
Authorities interfered with the news media by intimidating
journalists, issuing written and oral instructions about events to
cover and not to cover, and pressuring them into applying self-
censorship. Nevertheless a wide range of opinion was available in
newspapers, periodicals, and Internet news sources. There were some
limits on freedom of assembly, and the authorities impeded people from
participating in some demonstrations. Freedom of association was
restricted. The Government generally respected, and made efforts to
address some concerns of religious communities; however, there were
some problems. Local officials continued to present bureaucratic
difficulties to minority and nontraditional religions on matters of
land and building acquisition permits for religious activities and on
the issue of property restitution. The Government continued to return
properties and establishments to religious groups although the pace was
slow, in part because of lack of funding. There were some limits on
freedom of movement. Violence and discrimination against women,
including sexual harassment in the workplace, were problems. Violence
against children was a problem. There were reported instances of anti-
Semitic acts, including cemetery desecration. Ethnic minorities and
Muslims complained of frequent identity checks. The Government
discouraged some workers from organizing unions. Trafficking in women
and girls for sexual exploitation was a serious problem that the
Government, through the Ombudsman's office and many government
agencies, took steps to combat. Ukraine was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as an observer.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings; however, unidentified
assailants killed one politician on the eve of parliamentary elections
(see Section 3). Abuse of prisoners and detainees and harsh prison
conditions at times led to death (see Section 1.c.). There was an
unconfirmed report that an individual who was taken into custody at the
Shevchenkivskyi precinct in Zaporizhzhya on December 16 was beaten to
death. According to the Ombudsman's office, during 2001 there were
1,381 deaths in prison and detention facilities, many due to harsh
conditions.
Human rights groups stated that soldiers continued to be killed
during violent hazing events, although no official data was available
for the year (see Section 1.c.). According to a government official, in
1998 (the latest year for which information was available) 10 to 12
military personnel were beaten to death, and a total of 20 to 30 died
as an indirect result of injuries sustained from hazing. At times the
authorities reportedly labeled these deaths as suicides.
During the year, local authorities in the Cherkasy region closed
their investigation into the alleged 2001 police torture of Yevhen
Kornuta without any results.
The pervasiveness of corruption, connections between government
officials and organized crime, and the political activities of
organized crime figures, often blurred the distinction between
political and criminal acts. Politicians, politically connected
businessmen, and journalists were the victims of attacks that were
sometimes fatal and possibly politically motivated. No official
statistics for contract killings during the year were available. On
August 23, in the only known case of conviction for a contract murder,
a court sentenced two top officials of the alcohol company Soyuz Viktan
to 15-year jail sentences for ordering the murder of two individuals
who tried to extort money from them. The contracted murderer received a
14-year prison term.
According to the nongovernmental organization (NGO) Reporters
Without Borders, four journalists died during the year in ways that may
have been connected with their professional duties. A journalist,
Mykhailo Kolomiyets, who disappeared from Kiev on October 28, was found
hanged in neighboring Belarus on November 20. The Kiev prosecutor's
office invited a team of foreign investigators to help determine
whether Kolomiyets committed suicide (see section 2.a.).
On March 29, 2 days before parliamentary elections, unknown gunmen
shot dead the Ivano-Frankivsk Oblast Deputy Governor, Mykola Shkribliak
in the stairwell of his house. Shkribliak was running for a
constituency Rada seat (see Section 3).
The killing of prominent journalist Heorhiy Gongadze remained
unsolved, although an investigation officially continued. Gongadze
disappeared in September 2000; in November 2000, police found a
decapitated body outside of Kiev, which DNA and other examinations
confirmed to be his. The Government asserted that it was conducting a
full-scale investigation into his disappearance, but members of the
media and the public seriously criticized the Government's handling of
the case, while others accused the President and other senior officials
of complicity. In April the authorities refused to share the Gongadze
case file with foreign investigators whom they had invited to assist
with the investigation. In September the Prosecutor General's office
announced that the murder was politically motivated; however, it made
no arrests nor did it give any specific details to substantiate such
claims. The investigation of the killing officially still was ongoing
at year's end. In May 2001, the Ministry of Internal Affairs claimed
that two thieves had murdered Gongadze and had had been killed
subsequently, but the Prosecutor General's Office did not uphold this
charge. An audio recording exists alleged to contain conversations
between President Kuchma and other senior government officials
discussing the desirability of Gongadze's removal. One other recording
allegedly from the same source has been judged to be authentic.
The July 2001 beating and subsequent death of Ihor Aleksandrov, a
director of a Donetsk regional television station, remained unsolved.
Aleksandrov had aired a number of critical reports about Donetsk-based
politicians and was a noted critic of alleged corruption among local
law enforcement authorities. According to the police, Yuri Verediuk, a
homeless man, confessed that he had been hired to kill the head of the
television station's legal department and had mistaken Aleksandrov for
this person. In May the Donetsk Oblast Appeals Court acquitted
Verediuk, who earlier had been found guilty. On July 19, Verediuk died,
reportedly of heart deficiency. The judge of the Donetsk Appeals Court
had warned earlier, however, that Verediuk's life could be at risk. On
July 25, upon the Procuracy's appeal, the Supreme Court rescinded
Verediuk's acquittal and sent the case back to the Procuracy for a new
investigation, a decision that the Appeals Court judge strongly
criticized. Police refused to open criminal proceedings in connection
with Verediuk's death, however, asserting that he had died of natural
causes.
The European Roma Rights Center (ERRC) based in Hungary pressed
Ukrainian authorities to investigate the October 28, 2001, deaths of
five members of a Roma family in Malaya Kakhovka, Poltava region.
According to the ERRC, police Major Ivanov of the Kryukov Area Police
Department and two unknown accomplices torched the home of Jurij
Fedorchenko with seven family members inside. The five who died ranged
in age from 3 to 25. Two members of the family survived. One of the
survivors, 50 year old Jurij Fedorchenko, claimed that Major Ivanov
burned the house because the family refused to pay the police officer
an approximate $40 (215 hyrvnia) monthly bribe to ensure Ivanov's
protection for drug dealing, in which Jurij Fedorchenko's daughter had
engaged previously. Police reportedly took two individuals into custody
and suspended Major Ivanov from his duties, although no legal action
was taken against him.
b. Disappearance.--In April Oleksandr Olynyk, an election monitor
from the Ukrainian NGO, Committee of Voters of Ukraine (CVU),
disappeared from Kirovohrad approximately 1 week after the March 30
elections. Initial reports did not indicate that his disappearance was
related to his monitoring activities; however, subsequent inquiries
suggested that he may have received threats while observing the
elections. Local authorities filed a missing persons report and
launched a criminal investigation into the case. No progress had been
reported by year's end. Andriy Tatarchuk, Vice Chairman of the Reforms
and Order Party of Odesa (Our Ukraine Bloc) and former city council
candidate, disappeared November 27 while returning home from work.
Police in Odesa have launched an investigation and reportedly detained
two individuals in mid-December in connection with the case. No
conclusions as to the cause of his disappearance had been reached by
year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Constitution prohibits torture; however, police and
prison officials regularly beat detainees and prisoners, and there were
numerous reports of torture. Although human rights groups did not
receive specific reports that special militia detachments known as
Berkut (``Golden Eagles'') tortured and beat inmates as part of regular
training exercises, they believe the practice continued. The media and
human rights groups reported that police subjected detainees to various
methods of physical torture, including the ``swallow,'' in which
officials place the detainee on his stomach and tie his feet to his
hands behind him, forcing his back to arch. Another abuse was the
``baby elephant,'' in which officials place a gas mask on the
prisoner's head and slowly reduce the flow of oxygen. Detainees also
were subjected to a method called the ``monument,'' in which a prisoner
is suspended by his hands on a rope and beaten. Human rights lawyers
reported that requesting an attorney often leads to a worse beating,
and detainees may be beaten until they waive their right to an
attorney.
On December 16 police in Zaporizhzhya detained a drug addict
suspected of burglary. He died in custody from injuries sustained from
an alleged beating. Police claimed that the detainee had been beaten
before entering police custody. In 2001 Volodomyr Ivanchenko, who was
charged with plotting the killing of former presidential candidate
Nataliya Vitrenko, claimed in his trial that police suffocated, beat,
and used electroshock on him and his codefendants while they were in
pretrial detention. Authorities took no action on his complaints.
There was no effective mechanism for registering complaints about
mistreatment or for obtaining redress for such actions, although
detainees were permitted to address complaints directly to the court
instead of the Ministry of Internal Affairs. Prisoners and detainees
also addressed complaints to the Ombudsman for Human Rights, and that
office received several hundred reports of torture in pretrial
detention during the year. According to the Office of the Ombudsman,
most of the complaints that it received centered on human rights
violations by law enforcement personnel. The Ombudsman also maintained
that detainees who were unable to pay a deposit for meals went hungry
and that this qualifies as another form of torture. The Ombudsman
actively publicized reports of such practices; however, the Ombudsman
had no enforcement authority.
Authorities made little documented effort to end abuse;
disciplinary action against law enforcement authorities that committed
abuses was limited. According to the authorities, 62 police officers
were charged with mistreatment of suspects in the period January
through August. According to the Ombudsman's office, in 2001
authorities opened 25 criminal cases against 48 law enforcement
officers for exceeding their authority. Of these, 14 had been convicted
as of year's end. On August 30, the Prosecutor General dismissed the
prosecutor and an investigator in the Tarashcha District of Kiev
Oblast. The two faced criminal proceedings for abuse of office and
fraud during the Gongadze investigation (see Section 1.d.). They
allegedly forged protocols from the inspection of the place where
Gongadze's body was found. Many observers considered the charges to be
only political scapegoating in an already highly politicized case. In
its 2000 report, the Ombudsman noted that in 1998 and 1999, 285 members
of the police were charged with torture and mistreatment of prisoners.
The new Criminal Code, which came into effect in September 2001,
mandates 3 to 10 years of imprisonment for torture; however, human
rights groups reported that during the year there were no prosecutions
for torture under the new Criminal Code.
Police also abused Roma and harassed and abused dark-skinned
persons. Representatives of these groups claimed that police officials
routinely ignored, and sometimes abetted, violence against them (see
Section 5). Police also harassed refugees (see Section 2.d.).
In September the police forcibly dispersed antipresidential
demonstrators who had set up a tent city illegally in downtown Kiev.
Police also took down tents in Kharkiv. Local authorities undertook a
variety of measures, including impoundment of vehicles and arbitrary
detentions, to dissuade people from attending such demonstrations. On
December 26, the courts sentenced 13 members of the opposition
nationalist party, the National Ukrainian Assembly-Ukrainian People's
Self-Defense (UNA/UNSO) to 2 to 5 years' imprisonment on charges of
staging mass unrest during March 9, 2001 demonstrations in Kiev (see
Section 2.b.). Police also harassed journalists (see Section 2.a.).
Despite extensive legislation on the protection of service member
rights and official regulations concerning relations among military
personnel, reports continued during the year of harsh conditions and
violence against conscripts in the armed forces. In August a quarry
landslide claimed the lives of two conscript soldiers who were digging
sand for the construction of a private garage for a junior military
officer in Lviv Oblast. The officer was placed in custody pending
investigation. Senior conscripts often beat recruits, sometimes to
death (see Section 1.a.) and forced them to give them money and gifts
that they received from home. According to human rights associations,
garrison prosecutors often did not investigate complaints of physical
harassment. Punishment administered for committing or condoning such
activities did not serve as an effective deterrent to the further
practice of such abuses. Although official statistics on the incidence
of hazing during the year were unavailable, human rights groups,
including the Association of Soldiers' Mothers, reported that violent
hazing continued to be widespread. They reported that the Procuracy
opened 129 criminal cases pertaining to violent hazing. However, it was
unknown how many of those resulted in convictions. Death by hazing was
frequently described as suicide.
Police corruption remained a serious problem. There were reports
that local officials abetted or aided organized crime groups involved
in trafficking (see Section 6.f.).
Prison conditions remained harsh and life threatening. According to
official sources, information on the physical state of prison walls and
fences, as well as pretrial detention blocks, was considered to be a
government secret. Nevertheless the press reported freely about harsh
prison conditions. According to complaints received from the Office of
the Ombudsman and human rights NGOs, prison officials intimidated and
mistreated inmates. Due in part to severe economic conditions, prisons
and detention centers were severely overcrowded and lacked adequate
sanitation and medical facilities. According to official statistics of
the Penal Department, in the first 6 months of 2001, there were 865
deaths in the prisons. Poor sanitary conditions resulted in 300 deaths
from diseases such as tuberculosis and 13 from dysentery during the
first half of 2001. There were frequent incidents of killings by fellow
inmates, and in the first half of 2001, 13 individuals were reported
officially to have committed suicide, although human rights groups
believed the actual figure to be higher.
Prisoners were permitted to file complaints to the Ombudsman about
the conditions of detention, but human rights groups reported that
inmates were punished for doing so. In January 2001, the Rada passed
amendments to the Penal Code that relaxed Soviet-era restrictions in
high-security prisons and removed a requirement that all prisoners'
letters should be read.
Conditions in pretrial detention facilities also were harsh.
Inmates sometimes were held in investigative isolation for extended
periods and subjected to intimidation and mistreatment by jail guards
and other inmates. Overcrowding was common in these centers. Although
there were no official figures, local lawyers believed that the
pretrial detention center in Kiev housed as many as 6,000 persons,
although its capacity was estimated to be 3,500. The SBU still
maintained its own pretrial centers at year's end, although it had
announced in 2001 that it would close them. According to Human Rights
Ombudsman Nina Karpachova, approximately one-third of detainees were
tortured.
Conditions in the Corrective Labor and Treatment Centers for
Alcoholics (LTPs), operated by the State Penal Department, where
violent alcoholics were confined forcibly by court decision, differed
little from those in prisons. Although some centers were transferred to
the Health Ministry in 2000, and the number of centers decreased, the
Government did not meet its earlier commitment to transfer all of the
LTPs to the ministry. Virtually no treatment for alcoholism was
available in these centers. Despite a 1999 government decree directing
the closure of LTPs by the end of 2000, they continued to operate
during the year.
According to human rights groups, a reorganization of the penal
department to ensure greater independence of the penal system did not
affect the Department's practices, and there was little civilian
oversight of its activities. Although the Government implemented some
programs for the retraining of prison and police officials, it punished
only a small minority of those who committed or condoned violence
against detainees and prisoners. The Ombudsman drew attention to the
state of the penitentiary system by visiting prisons and raising
prison-related issues in public. During a February visit to the
Lukianivka detention center in Kiev, the Ombudsman noted some
improvements with regard to prison conditions. Candidates and observers
of the March elections also were allowed access to some, but not all,
prisons to campaign and monitor respectively.
The Government continued to allow prison visits from human rights
observers; however, some of them reported that at times it was
difficult to obtain access to prisons to visit specific prisoners and
they were not allowed full access to the insides of prison facilities.
On January 10, following persistent requests by the public and
Reporters Without Borders, the Zaliznychny Local Court in Simferopol
suspended the remaining 1 \1/2\ years of the jail term of Serhiy
Potomanov, a journalist imprisoned in Simferopol in 2001. Potomanov had
complained of severe beatings by other inmates.
During the year, the Ombudsman continued to make the treatment of
prisoners a priority and to investigate conditions in a number of
prisons. In September 2001, the Rada ratified the first and second
protocols of the European Convention on Prevention of Torture, which
mandates the inspection of prisons by international observers. The
Government agreed to permit the Council of Europe Anti-Torture
Committee to publish three reports on Ukraine. The reports, from 1998-
2000, cited numerous allegations of torture as a means of extracting
confessions, a general fear among detainees to discuss abuses, and poor
conditions in a number of prisons.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention; however, arbitrary arrest and
detention remained problems. The Constitution provides for compensation
for unlawful conviction and the law allows compensation for illegal
arrests; however, these provisions rarely were invoked.
The law provides that authorities may detain a suspect for 3 days
without a warrant, after which an arrest order must be issued. The
courts may extend detention without an arrest warrant for an additional
10 days. Suspects who believe that further investigation may lead to
their immediate exoneration also may petition the court for an
additional 15-day detention. The law further provides that pretrial
detentions may not last more than 2 months. In cases involving
exceptionally grave offenses, the Prosecutor General may petition a
judge of the Supreme Court to extend the period of detention to 18
months. The law does not limit the aggregate time of detention before
and during a trial. The law permits citizens to contest an arrest in
court or appeal to the prosecutor. The Constitution requires that
officials notify family members immediately concerning an arrest, but
they did not often do so in practice.
By law a trial must begin no later than 3 weeks after criminal
charges have been filed formally with the court, but this requirement
rarely was met by the overburdened court system (see Section 1.e.).
Months may pass before a defendant finally is brought to trial, and the
situation did not improve during the year. Complicated cases may take
years to go to trial. Although an amendment to the Criminal Procedures
Code provides for the imposition of monetary bail, it has been used
rarely; many of the defendants cannot pay the monetary bail amounts
imposed by law. Instead courts imposed restrictions on travel outside a
given area as an alternative measure to pretrial confinement.
Approximately 70 percent of defendants awaiting trial--approximately
150,000 individuals--were released from pretrial confinement during the
year, many of them under restrictive travel conditions.
According to the State Executive Service, the prison population was
nearly 220,000 persons, including 156,000 in prisons and 40,000 in
remand centers. Many of the individuals in pretrial confinement were
charged with serious violent crimes. Since only the courts may
authorize the continuation of pretrial detention pursuant to 2001
amendments, they closely examined cases in which authorities confined
the defendants for extended periods in pretrial detention based on
previous authorization by prosecutors.
The law stipulates that a defense attorney must be provided without
charge to an indigent detainee from the moment of detention or the
filing of charges, whichever comes first. There were insufficient
numbers of defense attorneys to protect suspects from unlawful and
lengthy imprisonment under extremely poor conditions. Although the
concept of providing attorneys from the state system exists in
principle, public attorneys often refused to defend indigents for the
low government fee. While in custody, a suspect or a prisoner is
allowed by law to talk with a lawyer in private; however, human rights
groups reported that prison or investigative officials occasionally
denied the client-attorney privilege. To protect the defendant, each
investigative file must contain a document signed by the defendant
attesting that the charges against him, his right to an attorney, and
his right not to give evidence against himself or his relatives have
been explained to him. An appeals court may dismiss a conviction or
order a new trial if this document is missing. As defendants
increasingly became aware of their rights, they insisted on observance
of these procedures; however, many persons remained unaware of these
safeguards.
As a result of legal changes enacted in 2001, the prosecutor's
office may no longer initiate new criminal investigations without prior
court approval, with the exception of a number of serious offenses (see
Section 1.e.).
The Government occasionally employed such charges as criminal libel
or tax evasion to detain persons (usually opposition activists or
journalists) who were openly critical of the Government or challenged
the interests of powerful business or political figures close to the
Government (see Section 2.a.). During the year, the Prosecutor General
continued to pursue criminal charges against Yuliya Tymoshenko, head of
the opposition political grouping named after her. Tymoshenko's earlier
efforts to reform the energy sector, when she was Deputy Prime Minister
for Energy, had drawn strong opposition, most notably from powerful
businesspersons closely tied to the Government. After joining the
opposition, Tymoshenko became an outspoken critic of the Government.
She claimed that the charges against her were politically motivated. In
May a Kiev court closed some of the Procuracy's criminal cases against
Tymoshenko and her husband. In September the Prosecutor General
requested that the Rada lift her parliamentary immunity, which would
permit the filing of further criminal charges against her. The Rada
speaker returned the petition requesting that the Prosecutor General
more thoroughly justify his request. At the request of the Government,
Turkish authorities detained Yuliya Tymoshenko's father-in-law,
Gennadiy, and three of his business partners in June. In October
Turkish authorities extradited them to Ukraine. On September 14, the
Luhansk Appeals Court upheld the April conviction of Borys Feldman,
former vice president of Bank Slovyanskyy, which managed some of Yuliya
Tymoshenko's business interests. Feldman received a 9-year prison
sentence for tax evasion and financial mismanagement. The Appeals Court
had refused to honor the Supreme Court's decision to release Feldman,
who said that he was prevented from practicing the Jewish faith while
in detention pending appeal of his case. Feldman's attorney, Andriy
Fedur, complained of harassment by the Tax Police and claimed that he
received unidentified death threats during the year. In September Tax
Police impounded Fedur's car, which allegedly contained defense
materials for the Feldman case. In October police detained Fedur for 3
days on accusations that he falsified documents. He was released
without being charged.
On September 17, Kiev police arrested 64 antipresidential
protesters and charged them with various administrative infractions
related to blocking public thoroughfares. All were released within 10
days.
Human rights groups reported that they continued to receive
complaints from Roma regarding arbitrary detention and physical
harassment by the police.
Police arbitrarily detained persons for extensive document checks
and vehicle inspections (see Section 1.f.). They routinely detained
dark-skinned persons for arbitrary document checks (see Section 5).
There were reports that local authorities temporarily detained
individuals they considered likely to attend nationwide
antipresidential demonstrations in September. Prior to the
demonstrations, there were also credible reports that police impounded
vehicles belonging to opposition activists and NGO leaders technical
checkups. Police reportedly returned the vehicles after the conclusion
of the demonstrations. On June 29, police in Poltava detained the
leader of the opposition party UNA-UNSO, Serhiy Kuzovka, for 2 days on
charges of hooliganism, allegedly to prevent him from attending a UNA-
UNSO congress in Kiev on July 30. After 2 days in police custody, a
court in Poltava acquitted him.
At times persons involved in property, inheritance, or divorce
disputes were diagnosed wrongfully with schizophrenia and confined to
psychiatric institutions.
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of a Fair Public Trial.--The Constitution provides for an
independent judiciary; however, in practice the judiciary was subject
to considerable political interference from the executive branch and
also suffered from corruption and inefficiency. The courts were funded
through the Ministry of Justice, which controlled the organizational
support of the courts, including staffing matters, training for judges,
logistics and procurement, and statistical and information support. The
Presidential Administration also reportedly continued the practice of
telephoning justices directly to influence their decisions.
Legislation enacted in 2001 and during the year to regulate the
court system and the administration of justice brought the legal
framework more in line with constitutional requirements for an
independent judiciary; however, the judiciary lacked sufficient staff
and funds, which engendered inefficiency and corruption and increased
its dependence on the executive, since the court received all its
funding from the Ministry of Justice. The court reorganization
necessitated by the July amendment package required more funds than
were allotted in the budget and observers believed that significant
additional funding would be needed to modernize the court system in
general and to provide the courts with adequate facilities and
equipment.
The authority and independence of the judicial system also were
undermined by a lack of compliance with court decisions in civil cases.
Provisions calling for criminal punishment for noncompliance with court
decisions rarely were used. Compliance was particularly poor if the
decision clashed with government interests. The Chairman of the Supreme
Court, the chairmen of regional courts, and the chairman of the Kiev
municipal court (or the deputies of these officials) have the authority
to suspend court decisions, which led to interference, manipulation,
and corruption. The Justice Minister was quoted as saying that by
year's end, slightly under 50 percent of court decisions had been
enforced.
In 1999 the State Executive Service was established as a special
department in the Ministry of Justice to execute court decisions. The
State Executive Service was authorized specifically to enforce
judgements in civil cases; decisions in criminal and administrative
courts involving monetary compensation; and judgements of foreign
courts, the Constitutional Court, and other authorities. The number of
court decisions involving monetary or material compensation referred to
the department has grown substantially. In the first half of 2001, over
1 million court decisions were executed, representing approximately 48
percent of the judgements referred to the State Executive Service.
Critics of the Government claimed credibly that the Government
abused its authority over officers of the court by selectively charging
and dismissing politically unsympathetic judges. In July Lubov
Budiakova, judge of Babushkinsky District Court in Dnipropetrovsk
Oblast, complained in the press about harassment by the head of the
court after she ruled that the eviction of the Socialist Party from its
office in Dnipropetrovsk had been unlawful. Independent-minded judges
also complained that they did not receive politically sensitive cases.
In July 2001, President Kuchma dismissed Mykola Zamkovenko, Chairman of
a Kiev district court, for intentionally withholding case files in
order to delay citizens' appeals to the court. Zamkovenko's supporters
charged that authorities targeted him because of his release of former
Deputy Prime Minister Yuliya Tymoshenko from pretrial custody and his
recognition of Heorhiy Gongadze's mother and wife as victims of a crime
(see Section 1.a.). In June the Supreme Court ruled that President
Kuchma's dismissal of Zamkovenko was lawful.
Amendments to a series of laws concerning the judiciary and the
administration of justice enacted in 2001 and additional legislation
passed in July introduced important reforms to the court system. The
amendments provided for a unified system of courts consisting of a
Constitutional Court, a system of courts of general jurisdiction that
includes the Supreme Court and specialized commercial (formerly
arbitration) courts, and military courts. General jurisdiction courts
are organized on four levels: Local courts, regional appellate courts,
specialized high courts (the High Commercial Court), and the Supreme
Court. The arbitration courts were redesignated as commercial courts
and were intended to operate as specialized courts within the single
unified system of courts. As a result, the Supreme Court may review
their judgements, including those rendered by the High Commercial
Court. Military courts are specialized courts that hear cases only
involving military personnel.
On February 7, the Parliament passed a Law on the Judicial System
of Ukraine, which the Government began implementing in the last half of
the year. While the law helped modernize the judicial system, some
observers contended that it granted excessive authority to the
President. The law created a new State Judicial Administration (SJA),
independent of the Ministry of Justice, to act as a central executive
body overseeing the administration, including the finances, of the
judicial system. Under the new law, the President also has the
authority, with the agreement of the Ministry of Justice and the Chair
of the Supreme Court or of a corresponding higher specialized court, to
establish and abolish courts of general jurisdiction. The President is
empowered to determine the number of judges within the courts (upon
recommendation of the SJA and with the agreement of the Chair of the
Supreme Court); appoint and remove chairs and deputy chairs of courts
for 5-year terms (upon submission of the Chair of the Supreme Court,
based on recommendation of the Judicial Council); and establish
appellate commercial and appellate administrative courts. The
President, upon the recommendation of the Prime Minister and
concurrence by the Judicial Council, appoints the head of the SJA. The
law also established a Judicial Academy to train new judges and
continue the education of sitting judges.
The new Court of Cassation was put in place December 1, although it
was not fully functional by year's end. The SJA and Judicial Academy
were scheduled to begin operations on January 1, 2003.
Regional courts, including the Supreme Court of Crimea and the Kiev
and Sevastopol City courts, serve as appellate courts for the lower-
level courts. They may examine evidence independently in a case, call
for additional witnesses or evidence, and render a decision that
supercedes the judgement of a lower court.
The Constitutional Court consists of 18 members appointed for 9-
year terms in equal numbers by the President, the Parliament, and the
Congress of Judges. The Constitutional Court is the ultimate
interpreter of legislation and the Constitution, and it determines the
constitutionality of legislation, Presidential edicts, cabinet acts,
and acts of the Crimean Autonomous Republic. The President, at least 45
Members of Parliament, the Supreme Court, the Ombudsman, and the
Crimean legislature may request that the Constitutional Court hear a
case. Citizens may apply to the Constitutional Court through the
Ombudsman, who started to exercise this right in selected cases. In
some limited cases, the Constitutional Court can interpret law for
individual citizens, when the applying citizen provides compelling
proof that a constitutional provision was violated or that it was
interpreted differently by different government bodies.
Many local observers regarded the Constitutional Court as the
country's most independent judicial body. Human rights groups stated
that the Constitutional Court has generally maintained a balance of
fairness. However, observers charged propresidential bias when, in
March 2000, the Court ruled that the President's proposed referendum on
expanding presidential authority was constitutional, although it threw
out two of the six original questions.
The Constitution includes procedural provisions to ensure a fair
trial, including the right of suspects or witnesses to refuse to
testify against themselves or their relatives; however, pending the
passage of legislation to implement these constitutional provisions, a
largely Soviet-era criminal justice system remained in place, which
limited these rights. While the defendant is presumed innocent,
conviction rates have changed little since the Soviet era, and nearly
all completed cases resulted in convictions. According to the most
recent official statistics available, in the first half of 2000 there
were 113,902 convictions and 375 acquittals. However, since judges
frequently sent back to the prosecutor for ``additional investigation''
cases that lacked sufficient evidence to support the charges (which
usually led to the dropping of the case), these statistics are somewhat
misleading. During the period of 1999-2000, the courts returned more
than 10 percent of pending criminal cases to investigative agencies
because of the lack of sufficient evidence. In addition, there were
indications that suspects often bribed court officials to drop charges
before cases went to trial or to lessen or commute sentences.
Under the existing court system cases are decided by judges who sit
singly, occasionally with two public assessors (lay judges or
professional jurors with some legal training), or in groups of three
for more serious cases. The Constitution provides for public,
adversarial, trials, including a judge, public assessors, state
prosecutor, defense, and jury (when required by law). With some
exceptions, these requirements were respected in practice. The 2001
legislative amendments provide for a jury system, including procedures
for the selection of jurors, but the amendments did not address the
function and jurisdiction of jurors. Observers believed that the jury
system would not function until a comprehensive judicial reform is
completed and additional funding is provided for the courts.
Complicated cases can take years to go to trial, and pretrial
detention was a problem; however, in increasing numbers, defendants
were released from confinement pending trial (see Section 1.d.). The
condition normally imposed by the court was nonmonetary bail in the
form of restrictions on travel. Many of the remaining defendants in
pretrial confinement were awaiting trial for very serious criminal
offenses.
Prosecutors, like the courts, are organized into offices at the
rayon (district), oblast (regional), and national levels. They are
responsible ultimately to the Prosecutor General, who is appointed by
the President and confirmed by the parliament for a 5-year term.
Regional and district prosecutors are appointed by the Prosecutor
General. Although by law prosecutors and defense attorneys have equal
status, in practice prosecutors are more influential. Prosecutors as
well as defense attorneys may file appeals. The Office of the
Prosecutor General practiced selective prosecution and initiated
investigations against the political or economic opponents of the
President and his allies (see Section 1.d.). The Prosecutor General
also ignored parliamentary and court requests for investigations into
high ranking persons if the accused were presidential allies. Before
the 2001 amendments took effect, the Procuracy at times used its
judicial review powers to annul court decisions unfavorable to the
administration's economic or political interests and ordered cases
reexamined by a different court.
Legislative changes in 2001 curtailed prosecutors' authority
greatly, limiting it to prosecution, representing the public interest
in court, oversight of most investigations, and implementation of court
decisions in criminal cases. However, prosecutors retained the right to
conduct investigations in cases initiated before the amendments were
implemented and in cases involving a range of serious offenses,
including murder, corruption, and high economic crimes. The Procuracy
no longer may initiate new criminal cases; its powers are limited to
supervising the observance of laws by law enforcement agencies only. In
May 2001, the Constitutional Court ruled that citizens may challenge
court actions by the prosecutors and investigative agencies, as well as
government actions regarding national security, foreign policy, and
state secrets.
During the year, the Rada voted to dismiss 13 judges, 11 on the
grounds of violating the judge's oath and 2 who were prosecuted for
undisclosed offenses.
Criminal groups routinely used intimidation to induce victims and
witnesses to withdraw or change their testimony. The law requires that
a special police unit protect judges, witnesses, defendants, and their
relatives; however, the unit had not yet been formed and trial
participants were vulnerable to pressure. A witness protection law was
in abeyance because of lack of funding. The law provides that the names
and addresses of victims and witnesses can be kept confidential if they
request protection due to fear for their lives. On July 30, Judge Ihor
Tkachuk of the Donetsk Oblast Commercial Court was found hanged at his
dacha in Odesa Oblast. The press speculated that the judge may have
been killed in connection with litigation in the Odesa Oblast
Commercial Court between the Odesa Port and a private company, Sintez
Oil. Tkachuk previously had participated in the Procuracy's
investigation into plunder of the Black Sea Merchant Fleet. In
September Judge Natalia Achynovych of the Nikopol Municipal Court was
found hanged in a hotel room while on a vacation in Turkey. The press
questioned whether her death could have been linked to the Nikopol
Municipal Court's politically sensitive decision to invalidate
parliamentary election results at eight polling stations in a hotly
contested constituency in Dnipropetrovsk Oblast.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The authorities infringed on citizens' privacy rights.
Legislative amendments that took effect in 2001 provided that only
courts could approve warrants for searches of residential properties
and wiretaps (see Section 1.e.); however, prosecutors retained the
right to issue warrants for searches of nonresidential properties.
In accordance with the 2001 amendments, the SBU may not conduct
intrusive surveillance and searches without a court-issued warrant. The
Office of the Prosecutor General has the constitutional responsibility
to oversee the observance of the law by law enforcement agencies,
including the SBU; however, the extent to which the Prosecutor General
used his authority to monitor SBU activities and to curb excesses by
security officials was unknown. The Constitution provides citizens with
the right to examine any dossier on them in the possession of the SBU
and to sue for physical and emotional damages incurred by an
investigation; however, necessary implementing legislation had not been
passed and the authorities did not respect this right in practice.
During the summer months, police reportedly stopped their surveillance
of the leader of the Independent Miners Union, and opposition
parliamentarian, Mykhailo Volynets after he threatened to bring a
busload of miners to his home to detain surveillance agents. In
September Socialist Party leader Oleksandr Moroz complained of
surveillance and phone tapping. The head of a charitable organization
that ran a foster home in Brusilov, Zhytomyr Oblast, alleged that local
authorities conducted illegal searches of his home. Some NGOs reported
that authorities had opened and searched some of their mail during the
year. The SBU also monitored the activities of certain NGOs active in
democracy development projects.
Under the law, the police have the right to stop and search a
person based on a suspicion that the person has committed a criminal
offense. A person suspected of committing an especially grave crime may
be arrested and searched without a warrant, but the court must be
informed of the arrest within 72 hours. In 2000 the Rada enacted
legislation prohibiting the police from stopping vehicles and levying
immediate fines; only courts subsequently had the right to impose such
fines. The law had an increasing deterrent effect on the police, who
legally no longer could collect spot fines after stopping vehicles for
alleged traffic violations, although abuses still occurred. However,
the police may detain a person arbitrarily for up to 3 hours to verify
identity (see Sections 1.d. and 1.e.). There were reports that police
sometimes abused this right.
Journalists whose reports were critical of the Government, or who
covered opposition politicians and NGOs that engaged in nonpartisan
political activity, reported that they frequently were followed by SBU
agents and that their telephones and offices were wiretapped (see
Section 2.a.).
In November 2001, the Constitutional Court ruled that the
``propyska'' mandatory registration system was unconstitutional; a new
``informational'' registration mechanism was envisioned but had not
been implemented by year's end. Additionally, access to public services
such as housing, pensions, medical care, and schooling were still based
on the propyska system. In its report on the March Parliamentary
elections, the OSCE noted that authorities relied on the outdated
propyska system to register voters, since no other system existed.
On a few occasions, persons involved in property, inheritance, or
divorce disputes were diagnosed wrongfully with schizophrenia and
confined to psychiatric institutions. The disputes often entailed the
corruption of psychiatric experts and court officials. In February
2000, the Rada adopted a new Law on Psychiatry which bans abuse of
psychiatry for political and nonmedical reasons and provides safeguards
against such abuse; however, human rights observers reported that
procedures regarding the application of psychological treatment have
not been determined, and the Soviet system of classifying mental
illness was still in use. Persons diagnosed with mental illness risked
being confined and treated forcibly, declared not responsible for their
actions, and stripped of their civil rights without being present at
the hearings or notified of the ruling. There were approximately 1.2
million registered psychiatric patients in the country. Within 3 days
after forcible confinement to a hospital, a patient must be examined by
three doctors. Patients (including convicted prisoners) subsequently
must be examined by the senior regional psychiatric commission within 6
months. According to the Ukrainian Psychiatric Association, the Health
Care Ministry did not always cooperate with human rights groups
attempting to monitor abuse of psychiatry.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution and a 1991 law
provide for freedom of speech and of the press; however, authorities
did not always respect these rights in practice. During the year, the
authorities took a direct role in instructing the media on events and
issues it should cover and how they should be covered. They continued
to take steps to strengthen their control over the broadcasting sector.
The authorities continued to interfere with news media by
intimidating journalists through the use of the libel laws, although
this practice declined in comparison with the previous year. Despite
this interference, a wide variety of privately owned newspapers and
periodicals that espoused different political points of view were
available, and there was an active debate over sensitive questions in
the mass media, including coverage of such debates in Parliament.
Frequent, credible, allegations surfaced in the latter part of the
year that the Presidential Administration gave media houses specific
instructions on events to cover and how to cover them, as well as
subjects not to cover. Representatives of the Presidential
Administration denied these allegations. However, virtually all major
media outlets in Kiev confirmed that prior to the September
antipresidential demonstrations the media received instructions about
how to cover the period leading up to the demonstrations and the
demonstrations themselves. For example, media were advised to focus
coverage on a report about an air show airplane crash that occurred in
Lviv earlier in the year, as opposed to the September demonstrations.
As a result of these pressures to direct the media in its coverage of
events, several prominent journalists resigned from their positions.
Approximately 450 journalists from across the political spectrum signed
a public statement criticizing the authorities' actions. In September
journalists began forming an independent union to resist censorship and
protect journalists from job loss or other forms of harassment. In
November journalists from other media houses walked out of a briefing
in the Prosecutor General's office in solidarity with journalists from
Ukrainska Pravda who were denied accreditation for the briefing. The
authorities based their denial on the assertion that the online
periodical was not a registered media outlet.
On December 4, the Rada held public hearings on freedom of speech
and media censorship. The hearings were broadcast live on television
and received widespread media coverage. Some media executives
complained that the Government wiretapped their offices. President
Kuchma was cited in the press as suggesting that complaints about
censorship were exaggerated.
Many major newspapers were financed by wealthy businessmen with
political interests that often favored the Government. This backing
gave these newspapers an advantage over smaller, more independent,
newspapers.
Despite government pressure and media self-censorship, the numerous
newspapers and periodicals on the market, each espousing the view of
its respective sponsor, provided a variety of opinions. Foreign
newspapers and periodicals circulated freely.
Broadcast media, the primary source of news for most citizens, were
either state-owned or owned by oligarchs and powerful business
interests. There were six national television stations. State-run
television had the widest geographic coverage but low viewership. Most
other television stations were associated with political parties or
powerful business interests; such interests may or may not coincide
with the interests of government authorities, depending on the issue.
The third and fourth most popular stations were seen as
propresidential. Two of the more outspoken stations had considerable
foreign ownership.
During the year, the authorities took steps to strengthen their
control over the broadcasting sector. The President and the Rada each
appoint half of the members of the National Council for Television and
Radio Broadcasting, which issues licenses and allocates broadcasting
time. The Council made decisions that showed a bias in favor of
business interests closely allied politically with the Government. In
April 2001, the Council decided against renewing the license of Radio
Kontynent (RK), an independent radio station that rebroadcast news
reports of the British Broadcasting Corporation (BBC), Voice of America
(VOA), and Deutsche Welle. RK has been critical of the Government in
its own broadcasts, and its owner has been highly critical of President
Kuchma's relationship with the media. After a successful challenge to
its initial rationale that RK's rebroadcasts of foreign stations were
illegal, the Council cited a debt owed by the station to the Government
as grounds for its decision. In October 2001, the Kiev Municipal
Arbitration Court denied RK's request to block the sale of the radio
station's frequency. RK continued to operate at year's end pending
further appeal. The European Court for Human Rights (ECHR) was
reviewing the case at year's end. Also in April, the Council stripped
the Kiev-based Television Company UTAR of its broadcasting license and
awarded the frequency to TV Tabachuk. The press speculated that the
license revocation related to the suspicion that opposition politician
Yuliya Tymoshenko financially supported UTAR. UTAR stopped broadcasting
after losing its license. The station appealed the decision and the
Shevchenkivsky district court ruled in favor of UTAR; however, the
decision had not been implemented by year's end.
Government entities used criminal libel cases or civil suits based
on alleged damage to a ``person's honor and integrity'' to influence or
intimidate the press; however, the use of such cases decreased during
the year. Article 7 of the Civil Code allows anyone, including public
officials, to sue for damages if circulated information is untrue or
insults a person's honor or dignity. Article 125 of the Criminal Code,
in effect until September 2001, prescribed imprisonment of up to 3
years for libel. The Criminal Code that entered into effect in
September 2001 eliminated any criminal penalty for libel. In addition,
a May 2001 Resolution of the Plenum of the Supreme Court mandated that
in order to prove libel, plaintiffs must demonstrate that journalists
had prior knowledge of the falsity of information before publishing it.
There is no limit to the damages that may be awarded under a civil
libel suit. Lower courts still may order that the accounts of a
newspaper be frozen pending an appeal of a civil libel case.
Journalists complained that because the law did not limit damages, it
was used to drive opposition newspapers out of business. While figures
were unavailable, the number of libel cases during the year reportedly
decreased. In June authorities froze the assets of the Zaporizhzhya
newspaper Indulstrialne Zaporizhzhya to cover court-imposed fines for
publishing libelous preelection publications. The case was settled
after several months and the newspaper made no claims against the Tax
Administration. The commercial publishing house, Taki Spravy,
experienced harassment by tax police and inspectors from other
government agencies that appeared to be politically motivated. Taki
Spravy attributed the harassment to its printing a book about the
opposition parliamentarian Yuliya Tymoshenko prior to the March
parliamentary elections. In June the tax police froze Taki Spravy's
bank accounts pending criminal investigation of alleged tax evasion. On
September 12, the Kiev Commercial Court ruled that the Tax
Administration's charges against Taki Spravy were baseless; however,
visits by tax administration officials continued. The case involving
two libel suits originally filed in 2001 against Radio Free Europe/
Radio Liberty was reheard for the third time due to a change in judges;
however, no decision or settlement had been reached by year's end for
either suit.
The Procuracy applied other portions of the law, especially article
182 of the Criminal Code that deals with the collection, storage, use
or dissemination of confidential information about a person without his
consent, to limit press freedom and opposition activities. Early in the
year, the Procuracy initiated criminal proceedings against former
opposition parliamentarian Dmytro Chobit on charges of ``unlawfully
collecting and circulating information about an individual without an
individual's consent.'' Chobit authored a book, Narcissus, about
political party leader Viktor Medvedchuk. On July 8, an appeals court
in Rivne Oblast ordered police to return to Chobit a vanload of copies
of his critical book about President Kuchma, Svystun, which police
confiscated in October 1999, prior to the 1999 presidential election.
In March the Procuracy opened a criminal case against the publishing
house Respublika in Cherkasy on charges of ``circulating confidential
information about citizens without their consent'' for publishing a
critical article about (then) Prosecutor General Potebenko.
In July the National Council on Television and Radio Broadcasting
signed a letter warning Radio Dovira that it was rebroadcasting Radio
Liberty illegally. Dovira appealed the decision and applied for an
expanded license that would allow them to continue rebroadcasting Radio
Liberty. The case was ongoing at year's end. The National Council
announced on October 30 that effective January 1, 2003, Ukrainian
broadcasters would require new, special licenses to rebroadcast foreign
programs. On November 13, after numerous complaints about the new
regulations, the Council rescinded its decision saying it would apply
the rules only after the Government could set regulations to govern the
new licensing process.
As of the end of the year, the legal appeals of the Fifth Channel
private Television station in the town of Nikopol and of the
Zaporizhzhya-based television station Khortytsia against deprivation of
their licenses had not been heard. The stations remained off the air.
Both stations alleged that they were being penalized for criticizing
local officials. In 2000 the National Council held an auction for the
use of the Fifth Channel private TV station in the town of Nikopol,
Dnipropetrovsk Oblast, allegedly without informing Fifth Channel. ICTV
won the bidding for the frequency. On January 31, a Kiev court
suspended the National Council's decision. However, on March 4, the
State Inspectorate of Electrical Communications, the Government
frequency regulatory agency, blocked access to transmitters of Fifth
Channel in Nikopol on the grounds that Fifth Channel had no
broadcasting license. Fifth Channel argued that it was not to blame for
the expiration of its license because the National Council for
Television and Radio Broadcasting delayed the auction. Fifth Channel
attributed the licensing problems to its criticism of local authorities
while some observers believed that the organization did not meet the
licensing requirements. Fifth Channel pursued the case in the Kiev
Commercial Court of Appeal. At almost the same time, Zaporizhzhya-based
television station Khortytsia had almost identical problems with the
Council and with the State Inspectorate of Electrical Communications.
Khortytsia also lost its license, which the Council awarded to TV-
Khortytsia, a completely separate entity. Khortytsia attributed its
difficulties to its criticism of local authorities, namely of the mayor
of Zaporizhzhya. Khortytsia's case was under appeal in the courts at
year's end.
As in the 1999 presidential election, the March parliamentary
election campaign saw a marked imbalance in the coverage of candidates
on national television and radio channels, with opposition candidates
receiving limited and often negative coverage at the national level.
Opposition candidates had more success in obtaining access to smaller
local and regional television channels. The OSCE reported that media
coverage of the elections was ``highly biased,'' with the state-funded
national channel giving ``disproportionate coverage to the pro-
presidential candidates''; however, candidates' access to the media
improved compared to previous elections.
The Government at times directed key businesses either to purchase
advertising from regional television stations or to withdraw from
advertising contracts, depending on the news coverage the stations
offered.
In February 2001, the State Tax Administration, in a gesture of
transparency, began publishing a monthly list of media outlets
scheduled for audits, rather than conducting audits arbitrarily.
Following the publication of this list there were no reported cases in
which the State Tax Administration targeted media outlets for arbitrary
inspection. The publisher Taki Spravy, and Internet publication Obkom
announced in October that they would form an association to inform the
public about tax inspections of the media. According to tax chief
Mykola Azarov, the State Tax Administration inspected 80 mass media
outlets in the first 9 months of the year.
State and independent channels were subject to the same rates for
the majority of broadcasting fees as State channels; however, the
Government rarely enforced fee payments for state channels. Private and
foreign companies also must obtain licenses in order to establish and
operate their own transmission facilities.
The SBU had broad powers over the media in regard to the
publication of state secrets, which included information on executions,
the physical state of prison infrastructure, pretrial detention
facilities, and centers for the forcible treatment of alcoholics. In
contrast to the previous year, when there was one instance of
interference, journalists reported that, in general, the SBU did not
interfere with their activities during the year and that they were able
to report about harsh prison conditions without any inhibition (see
Section 1.c.).
On January 24, an unknown man wearing a military cadet uniform
robbed Oleh Lyashko, editor of the opposition newspaper Svoboda.
Lyashko intended to pay the deposit required of candidates for
parliament in the March elections. Lyashko charged that the security
services staged the robbery to prevent him from registering as a
candidate.
The print media, both independent and government-owned, sometimes
demonstrated a tendency toward self-censorship on matters that the
Government deemed sensitive. Private newspapers were established and
were free to function on a purely commercial basis, although very few
were profitable. However, they were subject to various pressures, such
as dependence on political patrons who may facilitate financial support
from the State Press Support Fund and close scrutiny from government
officials, especially at the local level. The dependence of some of the
press on government patronage inhibited criticism, particularly at the
local level. This type of pressure was particularly acute prior to and
during the March parliamentary elections.
In January the prosecutor's office launched a criminal
investigation concerning the alleged misuse of budgetary funds by the
parliament's newspaper Voice of Ukraine. The newspaper's editor, Serhiy
Pravdenko, a member of Yulia Tymoshenko's parliamentary faction, denied
the charges. Some observers attributed the accusations to the
newspaper's positive coverage of Tymoshenko prior to the March
elections. The charges against the Voice of Ukraine were dropped after
Pravdenko resigned in July. Pravdenko explained that he resigned in
order to save the newspaper from the baseless, politically motivated
charges.
The Tax Administration also appeared to have harassed media outlets
that exposed corruption or provided positive coverage to opposition
figures. On February 19, the tax police raided the office of the
Internet newspaper Obkom, confiscating computers and documentation in
connection with an investigation into an unspecified criminal case.
Obkom attributed the raid to its critical publications about the head
of the Tax Administration. Two Obkom staffers were taken to the tax
police office and released several hours later. The following day, the
tax police allegedly acknowledged that they had searched Obkom's office
by mistake and explained that they were looking for illegal foreign
currency exchange centers. Obkom's office happened to be in the same
building with the suspect bank. Tax police refused to return Obkom's
computers, however, ``pending further investigation,'' and reportedly
later claimed that Obkom was linked to Koral bank, which was under
investigation for illegal hard-currency transactions. The tax police
said that they might return Obkom's computers, except for one that
contained a pornography clip, which could entail prosecution. Obkom
resumed its operations in December with new computer systems.
The opposition newspaper Svoboda continued to come under close
scrutiny. On March 24, police stopped a van with approximately 100,000
copies of the newspaper on a highway in Cherkasy Oblast and threw the
newspapers into a nearby river. The edition carried a statement by an
opposition parliamentarian accusing the Prosecutor General of bribery.
Police allegedly pushed the van driver into the back seat of the police
car, face down on the seat, and then let him out of the police car onto
the road several hundred meters away. Later the same day, police raided
the publishing house Respublika in Cherkasy and confiscated another
100,000 copies of the same edition of Svoboda. Police reportedly
possessed a warrant only for the search of the premises of the
publishing house, not for the confiscation of the papers. The Procuracy
opened a criminal case against the publishing house in connection with
the ``circulation of confidential information about citizens without
their consent'' and ``abuse of office'' while circulating such
information.
On April 9, the editor of the paper, Oleh Lyashko, was taken to the
Procuracy for questioning in connection with the criminal case against
him on charges of resisting police during a March 24 police raid on the
publishing house Respublika. Also on April 9, officials confiscated
documentation from Svoboda's office in Kiev. On April 15, Lyashko was
formally arrested on charges of resisting police during the police raid
of Respublika. He was placed in a pretrial detention center in Cherkasy
for several days before being released with a travel ban. In recent
years, government officials initiated more than 20 criminal and civil
libel cases against Lyashko and his publication Polityka (which was
forced to close in 1999), asking for more than $40 million (200 million
hryvnia) in damages.
On June 25, Volodymyr Boyko, investigative journalist and writer
for the Internet newspapers Obkom and Criminal Ukraine, and also for
the Donetsk-based newspaper Salon, was detained in Donetsk by the
Donetsk Oblast Tax police on charges of tax evasion. A criminal case
against Boyko was opened on May 10. In violation of the criminal
procedures, Boyko was questioned for the first time only on June 25.
Boyko attributed his arrest to the fact that he wrote about
embezzlement by Chief of the Donetsk Oblast Tax Administration,
Olexandr Papaika. On July 6, Boyko was released by court on bail of
$3,000 (17 thousand hryvnia) pending further investigation. On August
19, the Donetsk Appeals Court ruled that Boyko's detention on June 25
was unlawful. In August the Procuracy closed the criminal case against
Boyko. The Procuracy officially apologized to Boyko.
In early December, the Crimean Court of Appeal reversed the
decision of the Simferopol Central Court and released Volodymyr
Lutiyev, the editor of the Yevpatoria Week newspaper in Crimea, on his
own recognizance. Lutiev was arrested on November 11 and charged with
complicity in ordering the murder of a member of the Crimean
parliament. He asserted that the charges were brought in revenge for
articles in his newspaper criticizing regional government officials and
discussing organized crime.
During the year, some journalists were subjected to physical
attacks that may have been related to their professional activities.
The national affiliate of Reporters Without Borders reported that 28
incidents of physical and verbal harassment against journalists
occurred during the year and that four journalists died during the year
in ways that may have been connected with their professional
activities. On October 28, Mykhailo Kolomiyets, a journalist who was
editor of the Ukrainsky Novyny news agency, disappeared from Kiev. He
was found hanged in neighboring Belarus on November 20. Ukrainian and
Belarusian police concluded that the death was a suicide, but relatives
demanded further investigation. The Kiev prosecutor's office invited a
team of foreign investigators to help determine whether Kolomiyets
committed suicide.
On January 28, an unknown assailant threw acid in the face of
Tatiana Goryacheva, the chief editor of Berdyansk Delovoi, an
independent newspaper based in Zaporizhia. Goyacheva sustained second
degree burns on her face and eyes. She believed the attack was in
retaliation for her stories about illegal exports of metal through
Berdyansk ports, corruption among local authorities, improper behavior
of court officials, as well as unbiased coverage of candidates and
parties in the pre-election period.
On February 2, Ivan Besiada, reporter of the Lviv-based newspaper
Za Vilnu Ukrayinu and an activist of Yushchenko's bloc, Our Ukraine,
was assaulted in Lviv. He sustained a broken jaw and a concussion. He
said that the assault may have been linked to his journalistic
activities. In September unknown assailants assaulted Petro Kobevko,
editor of Chernivtsi-based opposition newspaper Chas. Local reporters
alleged a link between the assault and the newspaper's criticism of the
Chernivtsi Oblast governor.
As of year's end, no suspect had been identified in the June 24,
2001, killing of Oleh Breus, the publisher of the regional weekly XXI
Vek in Luhansk. Breus was shot to death in front of his home; the
motive for the killing was unclear. Breus was a businessman and held a
senior position in the regional Communist Party of Workers and
Peasants. He had experienced at least one previous attempt on his life
in December 2000, and his colleagues at the newspaper also had received
threats. On February 5, police arrested a man in connection with the
2001 attack on Izvestia correspondent Yanina Sokolovskaya. The man
reportedly confessed to the crime saying he intended to rob
Sokolovskaya. The courts found him guilty of the crime. The courts also
convicted two men who severely beat Luhansk television reporter Oleksiy
Movsesyan in August 2001. The television station claims the attacks
were related to the reporter's professional activities, whereas police
cite hooliganism as the motivation.
Journalists who pursued allegations of high-level government
involvement in the killing of journalist Heorhiy Gongadze continued to
be subject to harassment by the Government (see Section 1.a.). Olena
Prytula, editor of the Internet publication Ukrainska Pravda, requested
that the Government provide her with bodyguards after individuals in
the Procurator General's office advised her that there was a credible
threat to her life, apparently linked to the Gongadze case. The
Government complied with her request. While the press continued to
cover the disappearance of Gongadze, they practiced some self-
censorship.
The 2000 disappearance and killing of journalist Heorhiy Gongadze
and the 2001 killing of Ihor Aleksandrov raised serious concerns
regarding whether the authorities targeted journalists specifically for
critical political reporting (see Sections 1.a. and 1.c.). On December
13, 2001, the Minister of Internal Affairs issued a ruling allowing
journalists covering politics, corruption, and crime to carry guns
firing rubber bullets.
There were instances in which the authorities restricted or banned
some publications critical of governmental entities or officials. In
June and July, the Dnipropetrovsk-based independent newspaper Litsa
complained about local government pressure following its publication of
articles about the local government's interference in July 14 by-
elections in Dnipropetrovsk Oblast. On June 19, oblast police, led by
the deputy police chief, briefly detained a van full of Litsa
newspapers as if for inspection. Several publishing houses also refused
to publish the newspaper, allegedly due to government pressure. The
paper's landlord evicted the newspaper from its leased office,
reportedly under police pressure. On June 25, the newspaper's major
advertising client terminated its partnership with the publication.
A July 2000 Presidential decree identified the development of the
Internet as a priority of national information policy and instructed
the Government to design a state program to develop the Internet
network. According to the SBU, it has set up an Internet monitoring
network in order to fight corruption and further the country's
integration into the European Community; however, human rights
organizations feared that this network has increased the SBU's ability
to supervise citizens without cause. Though limited in readership,
Internet publications, in particular Ukrayinska Pravda, played a key
role in covering the disappearance of Heorhiy Gongadze and the scandal
surrounding allegations of Presidential involvement in the case (see
Section 1.a.).
While major universities were state-owned, they operated for the
most part under full autonomy; however, academic freedom was an
underdeveloped and poorly understood concept. Nepotism and bribery
reportedly were common during entrance exams and also influenced the
granting of degrees. Administrators of universities and academic and
research institute directors possessed the power to silence colleagues
by denying them the ability to publish, withholding pay and housing
benefits, or directly terminating them. Restrictions by the
Communications Ministry on the mailing of scientific documents also
caused concern. Student protesters complained that university
administrators across the country pressured them not to participate in
antipresidential demonstrations held in September (see Section 2.b.).
The SBU maintained offices for the protection of state secrets in state
scientific and research institutes, including those not conducting any
classified research. All private and religiously affiliated
universities operated without any reported state interference or
harassment.
b. Freedom of Peaceful Assembly and Association.--The Constitution
and law provide for freedom of assembly and association; however,
extensive actions were taken to preclude participation in
antigovernment demonstrations in September. While the Constitution
requires that demonstrators merely inform the authorities of a planned
demonstration in advance, the law on public assembly stipulates that
organizations must apply for permission to their respective local
administration at least 10 days before a planned event or
demonstration. The 2001 Criminal Code prescribes up to 2 months of
corrective labor or a fine for repeatedly staging unauthorized
demonstrations. Under the law, demonstrators are prohibited from
inciting violence or ethnic conflict and from calling for the violent
overthrow of the constitutional order. In practice unlicensed
demonstrations were common; most but not all occurred without police
interference, fines, or detention.
Antipresidential demonstrations took place in central Kiev and in
most major cities in the fall. While such demonstrations generally were
peaceful, on the morning of September 17, the police forcibly dispersed
antipresidential demonstrators who had illegally set up tent cities
around the Rada and Presidential Administration in downtown Kiev the
night before. Authorities nationwide took extensive measures to prevent
demonstrators from traveling to Kiev and from gathering in other
cities. Authorities allegedly detained individuals prior to the
demonstrations and impounded opposition activists' cars for
``technical'' reasons. Police turned buses around to prevent potential
demonstrators from entering the Kiev city limits, and the rail services
reportedly provided fewer train cars traveling to Kiev on the day of
the demonstrations. There were television blackouts on the morning of
the September 16 demonstrations and the majority of foreign currency
exchange booths in Kiev were closed without explanation the weekend
prior to the protest rallies.
In late December, a Kiev court sentenced 18 participants in a March
2001 antigovernment demonstration to up to 5 years in prison for
disturbing public order. The demonstration had led to clashes with
police. Those convicted were members of UNA-UNSO, known for its
nationalist views. The leader of the group, Andriy Shkil, was not
subject to prosecution because of his immunity as a member of
parliament. During the sentencing, a disturbance erupted in the
courtroom when one of the defendants attempted self-immolation. During
the disturbance, opposition Rada Deputy Mykhailo Volynets suffered rib
injuries; Volynets said he was beaten by the police.
The Constitution, the law, and government regulations restrict
freedom of association to varying degrees. A May 2001 law on political
parties provides that a party must inform the Government about its
financial holdings and any change in its leadership or program.
Political parties may not receive financial support from the state or
any foreign patron. In accordance with the Constitution, the law also
forbids the establishment of political parties in the executive and
judicial branches, military units, law enforcement organizations,
state-owned enterprises, and other public institutions; however, this
prohibition often was ignored in practice. The Supreme Court reserves
the right to ban any political party upon the recommendation of the
Ministry of Justice or the Prosecutor General.
The 2001 law requires that a political party maintain offices in
one-half of the regions; however, in practice regional parties existed.
Ethnic minorities occupied leadership positions in national political
parties (see Section 3). Groups must register with the Government to
pursue almost any purpose. Unregistered groups are prohibited from
opening bank accounts, acquiring property, or entering into contracts.
The registration law also gives the Government the right to inspect the
activities of all registered groups. This law requires that a party
specify all its activities in its charter, but the party is not
required to notify the authorities of all its meetings. A change in the
group's charter necessitates reregistration. As of year's end, the
Government had not reregistered the Ukraine offices of the National
Democratic Institute (NDI), the International Republican Institute
(IRI), and the Institute for Sustainable Communities.
In the past, some authorities interpreted a provision in the Law on
Public Organizations--it states that public organizations are created
to protect the interests of their members--to mean that public
organizations may offer services only to their members. However, there
were no reports that this requirement was used to restrict the
activities of any group during the year.
The law provides also for restrictions on organizations that are
considered dangerous, such as those which advocate violence or racial
and religious hatred or which threaten the public order or health. The
Government had not identified publicly any such groups as ``dangerous''
as of year's end; however, far-right political organizations reported
that they were subject to harassment and surveillance by government
authorities.
c. Freedom of Religion.--The Constitution and the law provide for
freedom of religion, and the Government generally respected this right
in practice. Religious groups of all beliefs flourished; however, some
minority and nontraditional religions continued to experience
difficulties registering and buying or leasing property at the local
level, although there were fewer reports of such difficulties than in
the past. The Constitution and the law provide for the separation of
church and state.
There was no state religion. The Ukrainian Orthodox Church, Moscow
Patriarchate, tended to predominate in the east; the Ukrainian Orthodox
Church, Kiev Patriarchate, and the smaller Ukrainian Autocephalous
Orthodox Church were strong in the central regions, and the Ukrainian
Greek Catholic Church predominated in the west. These churches exerted
significant political influence at the local and regional levels.
Reportedly each of these churches, within its respective sphere of
influence, also pressured local officials to restrict the activities of
the others.
The law requires all religious organizations to register with the
State Committee on Religious Affairs (SCRA). Registration is necessary
to own property or carry out many economic activities, such as
publishing religious materials and opening bank accounts.
Some nonnative and minority religious organizations reported that,
especially at the local or regional levels, officials of the SCRA
delayed registration of their organizations for extended periods.
However, there were fewer such reports during the year. Representatives
of Progressive Jewish Community claimed that pressure from Chabad
Lubavitch officials and local Dnipropetrovsk authorities led to a 5-
year delay in the granting of registration to a Progressive Jewish
Community in the city. In October 2001, members of the Community
withdrew their petition for registration, citing harassment by local
authorities. The Progressive Jewish Community also reported that its
application for registration in Kryvy Rih, Dnipropetrovsk Oblast, had
been under examination since 2001.
Representatives of Evangelical Christian communities expressed
concern over instances of discrimination against their adherents. In
December the Suvorov District court ordered a Pentecostal Church in
Kherson closed for holding public services in June and July without
permission from the local authorities. However, such incidents appeared
to be isolated. Evangelical Churches, like many other religious
communities, experienced difficulties in obtaining land plots.
Disputes among competing Orthodox Christian administrative bodies
continued. The SCRA, although supportive of a unified, independent
Orthodox Church for the country, has maintained neutrality in its
relations with the various Orthodox churches. The Kiev Patriarchate of
the Orthodox Church and the Greek Catholic church complained of
harassment by local authorities in the predominantly Russian-speaking
eastern region of the country, while the Moscow Patriarchate of the
Orthodox Church complained that local governments ignored the
appropriation of its churches by Greek Catholics in the western region.
The Government generally permitted religious organizations to
establish places of worship and to train clergy. The Government
continued to facilitate the building of houses of worship by allocation
of land plots for new construction and through restitution of religious
buildings to their rightful owners.
Representatives of the Ukrainian Autocephalous Orthodox Church
cited instances of difficulties in providing religious services to
soldiers and of the need to obtain approval from prison chaplains of
the Moscow Patriarchate for prison ministry activities.
Members of numerous religious communities encountered difficulties
in dealing with the Kiev municipal administration to obtain land
permits and building permits, problems not limited to religious groups.
Representatives of the Jewish community in Poltava complained that,
despite assistance from the national authorities, the Poltava mayor's
office refused to address their concerns about obtaining property for a
synagogue.
The law restricts the activities of nonnative, foreign-based,
religious organizations (``native religions'' are defined as Orthodox,
Greek Catholic, and Jewish), and narrowly defines the permissible
activities of members of the clergy, preachers, teachers, and other
foreign citizen representatives of foreign-based religious
organizations. They may preach, administer religious ordinances, or
practice other canonical activities only in those religious
organizations which invited them to Ukraine and with official approval
of the Governmental body that registered the statutes and the articles
of the pertinent religious organization. However, in practice the
Government has not used the law to limit greatly the activity of
nonnative religious organizations. There were no reports that nonnative
foreign religious workers encountered difficulties obtaining visas or
carrying out their activities during the year.
Religious instruction is prohibited in the public school
curriculum. Schools run by religious communities can and do include
religious education as an extracurricular activity. In 2001 the
Government began attempts to introduce training in ``basic Christian
ethics'' into the schools. While the country's Jewish leaders support
the teaching of ethics and civics in school, they insist on a
nonsectarian approach to this training.
A large number of high-level government officials took part in the
commemoration of the massacre at Babyn Yar in Kiev, one of the most
serious Nazi crimes of the Holocaust, which the Government commemorates
each September.
The Government continued to return properties expropriated during
the Soviet era to religious groups; however, not all groups regarded
the pace of restitution as satisfactory, and all major religious
communities continued to have outstanding restitution claims. In 2001
the Government completed the return of a number of major religious
edifices for use by the main Orthodox churches in Ukraine. According to
the State Committee for Religious Affairs, during 2002 the Government
transferred ownership of 187 buildings that were originally constructed
as places of worship to religious communities, for a total of 8,776
since independence in 1991. In addition, during the year religious
communities received ownership of 358 premises (i.e. buildings or
sections of buildings) converted into places of worship and another 524
religious buildings that were not designated for worship, such as
former religious schools, hospitals, and clerical residences, totaling
2,388 and 1,313, respectively, since independence. Intra-communal
competition for particular properties complicated the restitution
issue, both for some Christian and for some Jewish communities. Some
groups asserted that restitution generally was progressing
satisfactorily, although more could be done, while others not receiving
property reported a lack of progress. The slow pace of restitution was
a reflection, among other things, of the country's difficult economic
condition, which severely limits funds available for the relocation of
the occupants of seized religious property. On September 27, the
cabinet approved an action plan, drawn up at the instruction of
President Kuchma, designed to return religious buildings to the
religious organizations that formerly owned them.
The March parliamentary elections, in which some priests of various
Orthodox communities were accused of endorsing particular political
parties or candidates in their sermons, had a negative impact on inter-
Orthodox relations, which had already been tense.
Disputes over the erection of crosses in Jewish cemeteries in
Sambir, Kiev, remained unresolved. In 2000 in Sambir, Lviv Oblast,
Jews, with foreign assistance, began construction of a memorial park at
the site of an old Jewish cemetery, which was the scene of Nazi
atrocities. Nationalists erected crosses on the site to commemorate
Christian victims of Nazi terror, who had been buried in a mass grave
at the site. While memorial organizers supported the recognition of all
groups who suffered on the Sambir site, they opposed the use of
Christian religious symbols on the grounds of the Jewish cemetery. At
the same time, local nationalists remained opposed to the use of Jewish
symbols or Hebrew in the memorial. Jewish and Greek Catholic leaders
intervened in an attempt to find a solution to the dispute. In spite of
a proposal by the memorial's foreign sponsor to relocate the crosses to
another site at his expense, local government leaders still had not
resolved the conflict by year's end. Local officials in Volodymyr-
Volynsky, Western Ukraine, continued to allow construction of an
apartment building on the site of an old Jewish cemetery despite a
December 17 court ruling to halt construction.
Some ultranationalist groups and newspapers continued to publish
and distribute anti-Semitic tracts. Anti-Semitic publications also were
imported from Russia and distributed without the necessary state
license. The Procuracy warned certain publications against publishing
anti-Semitic material. Leaders of the Jewish community welcomed changes
in the editorial staffs of the newspapers Vechirniy Kyiv and Za Vilnu
Ukrayinu in late 2000. Under new editors, these newspapers, which had
been among the chief offenders in publishing anti-Semitic articles,
ceased such activity. While acts of anti-Semitic violence were
uncommon, an attack on the Great Synagogue of Kiev in April by
inebriated youths following a soccer match was a source of concern to
the Jewish community. However, there were no other attacks on the
synagogue during the year, and most observers believed that the April
incident was not premeditated.
Evangelical Christian missionaries reported some instances of
societal discrimination against members of their churches, such as
public criticism for betraying native religions, although there were no
reports of harassment.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, there were some limitations. Until November 2001, the propyska
system--a nationwide requirement to register at the workplace and place
of residence in order to be eligible for social benefits--remained in
place; access to certain social benefits was limited to the place where
one was registered. The Government had not implemented a substitute
informational register by year's end and, while fines for failing to
register at a place of residence were no longer imposed, information
was insufficient at year's end to determine whether individuals who had
not been registered had access to the social benefits they had been
denied previously. Police also arbitrarily detained persons for
extensive document checks and vehicle inspections (see Sections 1.f.
and 2.b.).
Citizens who wished to travel abroad generally were able to do so
freely. Exit visas were required for citizens who intended to take up
permanent residence in another country but there were no known cases of
exit visas being denied to citizens during the year. The Government
could deny passports to individuals in possession of state secrets, but
those denied had the possibility of appealing.
A 2001 Citizenship Law provides the right to citizenship to all
individuals who were born or lived in the country before independence
and to their descendants who lived outside the country as of November
13, 1991. Dual citizenship is not recognized. Under the terms of the
Citizenship Law, refugees may acquire citizenship if they have lived
legally in the country for 3 years (instead of 5 years for other
foreigners) and can communicate in the Ukrainian language. Refugees do
not have to terminate foreign citizenship with their home country
formally unless the Government has signed a specific agreement with
that country mandating such a procedure; they must only notify the
authorities of their rejection of foreign citizenship. Since
independence over 1.5 million Ukrainians have returned to the country,
while over 1 million persons, mostly ethnic Russians, have left the
country.
The Government has not supported a foreign-funded program to
facilitate travel to the country of some emigrants who qualified for
resettlement as refugees; however, more than 260,000 Crimean Tatars
have returned from exile to Crimea, mainly from Central Asia.
Amendments to the 1991 Citizenship Law facilitated the acquisition of
citizenship by Crimean Tatars, who were deported victims of political
oppression, by waiving some of the usual residence and language
requirements. According to the U.N. High Commission for Refugees
(UNHCR), approximately 98 percent of the Tatar returnees have acquired
citizenship. Crimean Tatar leaders have complained that their community
has not received adequate assistance in resettling and that an onerous
process of acquiring citizenship previously excluded many of them from
participation in elections and from the right to take part in the
privatization of land and state assets.
In August 2001, a revised Law on Refugees entered into effect. It
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, which Ukraine ratified on January 10. The new law
governs the treatment of refugees and entitles refugees to all of the
benefits accorded to citizens. It also extends the term of refugee
status from 3 months to 1 year. The Government cooperated with the
UNHCR and other humanitarian organizations in assisting refugees;
however, the UNHCR and refugee protection groups reported that in
practice the Government did not consider petitions for refugee status
until mid-year. The regional centers began forwarding cases to the
central authorities in July and August. This new process slowed the
adjudication of cases; however, it standardized decision-making. The
Law on Refugees raised the Department for Nationalities and Migration
to the rank of a State Committee and transferred authority for refugee
adjudication from local branches of the former Department to the
Committee. However, the law did not prescribe an adjudication mechanism
for this new body. The number of individuals who received refugee
status during the year declined greatly. Largely as a result of the
change in procedures, the UNHCR reported that only two persons were
granted refugee status during the year. A commitment was made to award
refugee status to all Afghans who arrived in the country before 1995.
Under the new Citizenship Law, legally registered refugees may apply
for citizenship after 3 years of permanent residence. As of July 1,
according to statistics in the Government Courier newspaper, 2,961
persons had official refugee status. Under the Refugee Law, refugees
are entitled to material assistance. The Cabinet allocates funds in the
national budget for payment of refugee pensions and small allowances
for indigent refugees, plus transportation fare to a refugee center.
Refugee reception centers operated in Vinytsya and Odesa.
According to the State Committee for Nationalities and Migration,
the Government has a first asylum policy, but no data was available on
the number of persons granted first asylum status during the year.
Instances of police harassment of certain categories of refugees
reportedly continued during the year. The UNHCR issued beneficiary
cards to persons it recognized as refugees. Presentation of this card
to law enforcement authorities reportedly led to some reduction in
harassment, although this procedure did not help the large numbers of
unrecognized refugees. In 2001 the UNHCR began holding training
seminars for police to prevent further harassment.
There were no reports during the year 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 OSCE noted some
improvements in the March parliamentary elections, but significant
flaws persisted.
The Constitution provides universal suffrage for citizens at least
18 years of age and for periodic elections every 4 years for the Rada
and every 5 years for President. Parliamentary elections took place in
March. The most recent presidential election was held in October and
November 1999. Improvements noted by the OSCE monitoring mission for
the March parliamentary elections included a new Election Law that took
into account international recommendations and a civil society engaged
in the electoral process. For example, extensive NGO monitoring of the
preelection and election processes and prompt release of exit polling
immediately after the voting ended helped to improve the electoral
process. However, a general atmosphere of distrust pervaded the pre-
electoral environment due to factors that included flawed
implementation of the legal framework, illegal interference by the
authorities in the electoral process, and abuse of administrative
resources, including alleged pressure on public employees to vote for
certain candidates. Media coverage was highly biased, and opposition
candidates did not have equal access to electronic media. The
Government did not move in a proactive manner to ensure a level playing
field for all political parties. Officials did not take steps to curb
the widespread and open abuse of authority, including the use of
government positions and facilities, to the unfair advantage of certain
parties. According to the OSCE report, voter lists were unreliable,
containing outdated information, including voters who have moved to
other districts or left the country, and deceased persons whose names
remain on voter lists. During the parliamentary elections, there were
numerous reports that the Government relied on local and regional
authorities to pressure voters into supporting propresidential parties.
Authorities also used administrative resources to support
propresidential party campaigning activities. The OSCE noted a
``surprising'' contrast between the party-list vote and the single-
mandate results. Election experts consider single district
constituencies more easily manipulated than party list elections. There
were many instances of harassment during campaigning, and as with
previous elections, opposition candidates complained of voting
irregularities, a lack of access to the media, and government pressure
on behalf of propresidential candidates. On February 27, police raided
the Kiev election office of Oles Doniy, a candidate for parliament in
Kiev and head of the youth wing of Tymoshenko's Bloc. According to Bloc
activists, police searched the office, confiscated the lists of Doniy's
supporters, threatened 1 supporter with arrest, and demanded that 20
other supporters come to the police station for questioning. Doniy
claimed that the raid was designed to put pressure on Tymoshenko's Bloc
and his own supporters.
Some violent incidents, including one killing, in the preelection
period may have been politically motivated (see Section 1.d.). On March
29, the day before the elections, unknown gunmen shot dead the Ivano-
Frankivsk Oblast Deputy Governor, Mykola Shkribliak, in the stairwell
of his apartment complex. Shkribliak was the Social Democratic Party of
Ukraine (United) candidate for the Rada constituency seat. On March 2,
according to Parliamentarian Valentyn Zubov, unknown persons in Donetsk
Oblast assaulted him and a regional leader of Batkivshchyna, Anatoliy
Tkachenko. The assailants, Zubov claimed, grabbed the schedule of
Tymoshenko's March 5-6 visit to Donetsk Oblast. Tymoshenko's election
headquarters in Donetsk Oblast accused agents of the security services
of the attack. On April 9, the local election commission invalidated
the results, which the Central Elections Commission (CEC) and the
courts later revalidated. The murder investigation was ongoing at
year's end.
The former head of the Rada inquiry commission on the Gongadze
case, Oleksandr Zhyr, appeared to have lost his bid for reelection
through vote rigging and manipulation of the judiciary. Zhyr showed
video footage apparently depicting an April 8 meeting between the
deputy governor in Dnipropetrovsk Oblast, Vitaliy Rudnychenko, and the
leaders of all election commissions in Zhyr's constituency. The deputy
governor dictated to leaders of all the election commissions in Zhyr's
constituency what the ``correct'' election results must be in Zhyr's
constituency. During the elections, Zhyr alleged the existence of
duplicate protocols in eight polling stations. Although the Supreme
Court confirmed the fraud, the CEC did not refer the case for further
investigation. In the July 14 by-election, the election authorities
revoked Zhyr's candidacy a day before the election, based on a court
decision that he had engaged in improper campaign spending. The timing
of the revocation reinforced the impression of political motivation.
The NGO Committee of Voters of Ukraine (CVU) cited government
interference in July 14 by-elections for three vacant seats. The CVU
also complained about government interference and massive
irregularities during a June 9 repeat mayoral election in Kirovohrad.
CVU election monitor Oleksandr Olynyk disappeared following the
March elections. Investigations into his disappearance were ongoing at
year's end (see Section 1.b.).
In an April 2000 referendum on constitutional amendments that would
increase presidential powers, the voting process was conducted in a
generally free and fair manner; however, there were some serious
problems, which included unbalanced media coverage, inappropriate
involvement of government officials in influencing voters on behalf of
President Kuchma, and alleged manipulation of voter turnout. However,
most observers reported that the outcome generally reflected the will
of the electorate.
International observers noted violations of election day procedures
in the 1999 presidential election, with more numerous and serious
violations occurring in the second round of voting. A representative of
the Parliamentary Assembly of the Council of Europe declared that the
election was ``far from fair and democratic.'' However, because of
President Kuchma's 18-point margin of victory, observers concluded that
it was unlikely that these problems significantly altered the final
outcome of the election.
There were 23 women in the 450 seat Rada, down from 37 in the
previous Rada. No women held ministerial posts. The 18-member
Constitutional Court had 2 female members. Women occupied approximately
10 percent of local council seats, according to statistics from the
State Committee for Family and Youth.
Jews were well represented among the political elite and held
several parliamentary seats. The representation of Crimean Tatars
increased in local and regional councils. Crimean Tatars had the third
largest representation on the Supreme Council of Crimea, due largely to
citizenship laws that increased the number of eligible voters from the
Crimean Tatar community.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, there were
confirmed reports that the SBU monitored NGOs engaged in nonpartisan
political activity during the 1999 presidential election campaign, and
there were recent reports that the Government monitored the activities
of NGOs involved in democracy development and election programs (see
Section 3). Government officials frequently were cooperative and
responsive to the views of NGOs; however, human rights groups reported
continued difficulties in investigating penal conditions and abuse of
conscripts in the military, both of which were significant human rights
problems (see Section 1.c.).
The Parliamentary Commissioner on Human Rights is a
constitutionally mandated independent human rights ombudsman. In 1998
the Rada elected the first Ombudsman, who serves a 5-year term and, in
principle, is invested by law with very broad powers. The law provides
the Ombudsman with unrestricted and unannounced access to any public
official, including the President; unrestricted access to any
government installation; and oversight of the implementation of human
rights treaties and agreements to which the country is a party;
however, the law provides no penalties for those who obstruct the
Ombudsman's investigations, nor does it create sufficient enforcement
authority for the Ombudsman. The law requires the Government to submit
amendments to existing laws in order to establish a legal framework for
the operation of the Ombudsman's office; however, although the
Ombudsman noted the lack of effective mechanisms for protection of
human rights in a November 2000 report to Parliament, that body had not
enacted any such amendments by year's end. All citizens and residents
can address their concerns to the Ombudsman, and the Ombudsman serves
as an intermediary between citizens and the Constitutional Court, since
citizens cannot address the Court directly (see Section 1.e.).
The Ombudsman's office reported that it had received more than
63,000 letters and other requests for information from individuals
during the year. It is unclear how many of those requests were
complaints of human rights violations. The office consisted of
approximately 90 full- and part-time workers; however, according to the
Ombudsman, underfunding of the office continued to hamper its
activities. The Ombudsman continued to make the combating of
trafficking in persons (see Section 6.f.) and improving prison
conditions (see Section 1.c.) major priorities during the year.
On November 17, the President signed the Law on the Ratification of
Protocol No. 13 to the European Convention on the Protection of Human
Rights and Fundamental Freedoms. The Rada ratified the Protocol on
November 28.
Citizens have the right to file appeals with the ECHR about alleged
human rights violations. Since 1997, Ukrainians have filed
approximately 4,000 applications with the court. There were 10
decisions on Ukrainian cases during the year: 8 cases were ruled
inadmissible, 1 was found partially admissible, and in 1 case the Court
ruled that the applicant had been deprived of his right to an impartial
tribunal in Ukraine.
Section 5. Discrimination Based on Race, Sex, Disability, Language or
Social Status
The Constitution prohibits discrimination on the basis of race,
sex, and other grounds; however, the Government did not enforce these
provisions effectively due in part to the absence of an effective
judicial system.
Women.--Violence against women reportedly was pervasive. While
statistics compiled by the U.N. Development Program (UNDP) showed that
the number of reported rapes and attempted rapes had decreased over the
previous few years, surveys indicated that the majority of rapes and
other cases of physical abuse went unreported. Past surveys by women's
groups indicated that between 10 and 15 percent of women had been raped
and that over 25 percent were abused physically in their lifetimes. The
International Helsinki Federation for Human Rights reported in 2000
that 20 percent of women aged 17 to 21 had faced attempted rape. In
2001 1,051 rape cases under Article 117 of the old Criminal Code and
another 152 under the new Criminal Code were opened. Information on
convictions was not available. Spousal abuse is illegal, but the
authorities often pressured women not to press charges against their
husbands. The Criminal Code outlaws rape and ``forced sex with a
materially dependent person,'' which may allow prosecution for spousal
rape. Official statistics on prosecutions for wife beating or on
average sentences were not available; however, the Institute of
Sociological Research reported in September 2000 that 12 percent of
women under the age of 28 had been victims of domestic violence.
Violence against women did not receive extensive media coverage,
despite the efforts of human rights groups to highlight the problem.
State-run hot lines, shelters, and other forms of practical support for
victims of abuse were few. Municipal authorities in Kiev ran a women's
center, the only municipally supported shelter in the country. NGOs
attempted to provide services for abused women through the
establishment of women's support centers in seven cities (see Section
6.f).
The country was a significant source and transit country for women
trafficked abroad for sexual exploitation (see Section 6.f.).
Women's groups reported that there was widespread sexual harassment
in the workplace, including coerced sex. Apart from the law that
prohibits forced sex with a ``materially dependent person,'' which
applies to employees, legal safeguards against harassment were
inadequate. No statistics were available concerning the number of
prosecutions for sexual harassment during the year.
Labor laws establish the legal equality of men and women, including
equal pay for equal work, a principle that generally was observed;
however, the economic decline of the past decade has harmed women
disproportionately. Women were much more likely to be laid off than
men. At the beginning of 2001, according to the State Committee on
Statistics, overall unemployment was 3.7 percent, and women accounted
for 65 to 70 percent of the unemployed. Industries that were dominated
by female workers were also those with the lowest relative wages and
the ones that were most likely to be affected by wage arrears problems.
According to statistics from the State Committee for Family and Youth
released in June, women's average pay was 27 percent lower than the
average wage for men.
The Constitution and the Law on Protection of Motherhood and
Childhood prohibit the employment of women in jobs that are hazardous
to their health, such as those that involved heavy lifting; however,
enforcement of these laws remained poor despite the implementation of a
government program to combat dangerous labor. According to the Ministry
of Labor, in 2001 619,000 women were employed in hazardous jobs, 7.7
percent fewer than in 2000. Many women's rights advocates expressed
concern that the law may be used to bar women from the best paying
blue-collar jobs. By law pregnant women and mothers with small children
enjoy paid maternity leave until their children reach the age of 3
years. This benefit is cited as a disincentive for employers to hire
women for high-responsibility or career-track jobs. However, according
to the UNDP, Ukraine is the only country with an over 50 percent female
representation in the workforce.
Few women attain top managerial positions in state and private
industry. A March 2000 business survey found that half of private-
sector employees were women and that women ran 30 percent of private
small businesses and 13 percent each of large and medium businesses.
According to government statistics, at the end of 2000, 72.7 percent of
the country's approximately 1,825 million civil servants were female,
including 52.2 percent of those in managerial positions. However, of
the highest ``first category'' offices, only 8.3 percent were held by
women. (These numbers did not include the ``power ministries''--the
Ministries of Defense, Internal Affairs, Foreign Affairs, and the SBU--
which had substantially more male employees at all levels.)
Educational opportunities for women generally continued to be equal
to those enjoyed by men; however, the Government limited the number of
women who can receive military officer training to only 20 percent of
the total number of students accepted. In addition the military forces
limited the role of women to certain functions, which limited their
chances for promotion and training opportunities; women in the military
generally occupied low-paying, routine positions.
Children.--The Government is committed publicly to the defense of
children's rights, but budgetary constraints severely limited its
ability to ensure these rights. There were few government bodies or
NGOs that aggressively promoted children's rights, although the
Ombudsman spoke publicly on the need to provide for youth. In May 2001,
a law on child protection took effect. It was designed to bring the
country into conformity with international standards regarding
children's safety and quality of life. In 2002 child and family
protection laws were amended with the aim of helping to regulate child-
refugee protection and address financial assistance for families in
need. However, it was too early at year's end to evaluate the impact of
these measures.
Education is free, universal, and compulsory until the age of 15;
however, the public education system has deteriorated as a result of
the Government's financial disarray. Teachers were paid their salaries
during the year, but other monetary benefits due to them were not paid
in some localities. Increasing numbers of children from poor families
dropped out of school, and illiteracy, which previously was very rare,
has become a problem. Of the nearly 6.5 million children attending
school during the 2001-02 school year, 3.2 million were girls and 3.3
million were boys. Official statistics on the proportion of school-age
children attending school were not available at year's end; however,
according to a Ministry of Education sponsored organization, Vseobuch,
more than 8,000 school-age children did not attend school. According to
statistics released in June by the State Committee for Family and
Youth, 10.7 million children younger than 18 years of age, including
456,000 children aged 7 to 17, worked. Of these, 87,000 were in the
most vulnerable age group of 7- to 12-year-olds. The All-Ukrainian
Committee for the Protection of Children reported that lack of
schooling remained a significant problem among the rural population.
The problem of growing violence and crime in and outside of schools
continued, especially in the notoriously violent vocational schools.
The Government has ignored this problem.
Health care was provided equally to girls and boys, but economic
problems worsened the overall quality of the health care system.
Child abuse was a problem, although recent statistics on its
dimension were unavailable. An October 2000 UNICEF survey found that 38
percent of the children polled had suffered some form of violence. In
1997 the All-Ukrainian Committee for Protection of Children released a
survey that revealed that every fifth or sixth child under age 18 of
both sexes (including every third girl), suffered from sexual
harassment, and that every tenth girl had been raped. Drug use and
child prostitution were widespread and received substantial media
attention during the year, although statistics were unavailable.
Several charity groups were formed to assist these children, but they
have not been able to reduce the problem. In 2001 45 individuals were
convicted of child rape, and 191 were convicted of seduction of minors.
It was too early at year's end to determine whether the new criminal
code which took effect in September 2001 had any impact on the number
of these cases.
Trafficking in children was a serious problem (see Section 6.f.).
The number of homeless children, who usually fled poor orphanages
or poor domestic conditions, remained high. According to a 2000 press
release from the Ministry of Internal Affairs, 100,000 children were
registered as homeless; of those, 14 percent were under 7 years old.
According to the Family/Youth Committee, the Government identified
2,600 homeless children during the year. Deteriorating conditions in
the state orphanages has led the Government to encourage families to
provide foster homes for orphans and to facilitate the establishment of
private, government-supervised orphanages. There were 75 such
orphanages with approximately 800 children.
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities; however, the Government did little
to support programs designed to increase opportunities for persons with
disabilities. Legally mandated levels of employment of such persons at
state enterprises were not observed. There were only five special
vocational schools for persons with disabilities. As a result,
according to one NGO, approximately 7,000 children with disabilities
received an incomplete secondary education. Advocacy groups for persons
with disabilities maintain that there was societal discrimination
against such persons. In an effort to improve public perception of
them, the Government made significant efforts to raise the profile of
athletes with disabilities participating in international competitions,
including the Winter Paralympics in March.
The law mandates access to buildings and other public facilities
for persons with disabilities; however, the law was enforced poorly.
National/Racial/Ethnic Minorities.--The frequent harassment of
racial minorities was an increasing problem. The police routinely
detained dark-skinned persons for arbitrary document checks, whereas
document checks of foreigners of European descent were rare (see
Section 1.d.). Although the authorities disciplined police who engaged
in this harassment when incidents were brought to their attention, such
behavior remained common. In addition, there were increased reports of
racially motivated violence against persons of African and Asian
heritage. Representatives of these groups claimed that police officials
routinely ignored, and sometimes abetted, violence against them.
Roma faced considerable societal discrimination. Opinion polls have
shown that among all ethnic groups, the level of intolerance is highest
toward Roma. Roma continued to be subject to violence and abuse by
police (see Section 1.c.). On September 11, a fight between local
Romani and non-Romani youths in a village near Odesa led to the death
of 2 non-Romani boys; villagers subsequently burned as many as 10
Romani homes. Villagers who were interviewed on television claimed that
the youths were involved in a drug dispute. Five Romani youth
reportedly surrendered to police several weeks after the incident.
Local authorities temporarily called in police teams to maintain the
peace; however, there were no reports of subsequent violence.
The Constitution provides for the ``free development, use, and
protection of the Russian language and other minority languages in
Ukraine.'' This provision expands a 1992 law on national minorities
which played an instrumental role in preventing ethnic strife by
allowing individual citizens to use their respective national languages
to conduct personal business and by allowing minority groups to
establish their own schools. However, some pro-Russian organizations in
the eastern part of the country complained about the increased use of
Ukrainian in schools and in the media. They claimed that their children
were disadvantaged when taking academic entrance examinations, since
all applicants were required to take a Ukrainian language test.
According to official statistics, there were 16,532 Ukrainian schools,
2,215 Russian schools, 97 Romanian schools, 68 Hungarian schools, 9
Moldovan schools, 10 Crimean-Tatar schools, and 3 Polish schools in the
country.
Ukrainian and Crimean Tatar minorities credibly complained of
discrimination by the ethnic-Russian majority in Crimea and demanded
that the Ukrainian and Crimean-Tatar languages be given a status equal
to Russian. Crimean Tatar leaders continued to call for changes in the
electoral law that would allow them to achieve greater representation
in the Crimean legislature.
The Crimean government, pleading insufficient funds, did not assent
to requests from the Crimean Tatar community for assistance in
reestablishing its cultural heritage through Tatar language
publications and educational institutions. However, the central
government continued to work with the UNDP, OSCE, and the International
Organization for Migration (IOM) on support for the Crimean Tatar
community. According to the UNHCR, 98 percent of the approximately
260,000 Crimean Tatars who returned to the country from exile in
Central Asia have received citizenship. However, Crimean Tatar leaders
complained that their community has not received adequate assistance in
resettling and that the previously onerous process of acquiring
citizenship excluded many of them from participating in elections and
from the right to take part in the privatization of land and state
assets (see Section 2.d.).
Romanians continued to call for university-level instruction in
Romanian or the establishment of a Romanian technical college. There
are 86 Romanian-language schools in the Chernivtsi Oblast.
Rusyns (Ruthenians) continued to call for status as an official
ethnic group in the country. Representatives of the Rusyn community
have called for Rusyn-language schools, a Rusyn-language department at
Uzhhorod University, and for Rusyn to be included as one of the
country's ethnic groups in the 2001 census. According to Rusyn leaders,
more than 700,000 Rusyns live in the country.
Section 6. Worker Rights
a. The Right of Association.--The Constitution provides for the
right to join trade unions to defend ``professional, social and
economic interests''; however, while in principle all workers and civil
servants (including members of the armed forces) were free to form
unions, in practice the Government discouraged certain categories of
workers, for example, nuclear power plant employees, from doing so.
Under the Constitution, all trade unions have equal status, and no
government permission is required to establish a trade union. The Law
on Citizens' Organizations (which includes trade unions) stipulates
noninterference by public authorities in the activities of these
organizations, which have the right to establish and join federations
on a voluntary basis. There are both official and independent trade
unions.
On January 16, amendments to the trade union law took effect. The
amendments cancel the requirement that labor unions have specific
numbers of members in order to acquire all-Ukrainian status. However,
to acquire national status under the amendments a union must either
have branches in more than half of the administrative regions, or have
branches in more than half of the administrative regions where the
enterprises of this sector are located. The amendments also grant labor
unions the status of ``legal entities,'' allowing them to acquire
property and open bank accounts without being registered at the
Ministry of Justice. The amended law still requires that a union be
registered before engaging in collective bargaining or participating in
the management of social insurance funds. The Justice Ministry can deny
registration if the union does not meet the requirements.
Unlike in previous years, there were no reports during the year
that the Ministry had denied registration to unions not loyal to the
Government; however, some independent unions, including the Independent
Miners Union of Ukraine (NPGU), chose not to register because the
courts had declared the requirement unconstitutional. The NPGU reported
that management refused to recognize and cooperate with its local
affiliates because their national organization was not registered. All
unions affiliated with the Federation of Trade Unions (FPU), which
maintained strong ties to the Government and inherited assets from the
official Soviet unions, as well as 14 independent unions, were
registered. The International Labor Organization (ILO) has stated that
the labor union law violates ILO Conventions 87 and 98 on the freedom
of association, and the Constitutional Court struck down restrictive
provisions. Nevertheless, the Rada failed to pass legislation to make
the law conform to the ruling. The ILO was working with Rada deputies
to draft new labor legislation.
Although the FPU often coordinates its activity with the
Government, it continued to work independently of the Government some
of the time and advocated workers' right to strike. The FPU has
supported the protests of some professions over unpaid wages; however,
most FPU affiliates worked closely with management. Enterprise managers
were free to join the FPU. In 1997 the FPU leadership created a
political party, the All-Ukrainian Party of Workers.
Independent unions provided an alternative to the official unions
in many sectors of the economy. There were 80 registered trade unions,
including 40 traditional (FPU) and 40 new trade unions. The NPGU,
unions representing pilots, civil air traffic controllers, locomotive
engineers, aviation ground crews, and other unions operated either
independently or within one of three national confederations. While
exact membership is unknown, there were estimated to be 3 million
members of non-FPU members and 14.5 million members of FPU-affiliated
unions. Independent unions have been denied a share of the former
Soviet trade unions' huge property and financial holdings, especially
the social insurance benefits funds, a Soviet-era legacy on whose
boards FPU-affiliated unions held the majority of seats. Independent
trade union leaders also have complained that state representatives
sought to influence union votes and pressure members to report on union
activities. Independent trade union leaders also reported that they and
their family members were subjected regularly to surveillance by law
enforcement authorities.
According to additional provisions of the law, management no longer
is obligated to provide free accommodations and telephone lines to
unions. However, the law gives unions a say in labor safety and in the
allotment of newly built public housing. These aspects of the law have
not been contested.
There were no official restrictions on the right of unions to
affiliate with international trade union bodies. The NPGU was a member
of the Federation of Chemical, Energy, Mine, and General Workers'
Unions.
b. The Right to Organize and Bargain Collectively.--According to
the law, joint worker-management commissions should resolve problems
concerning wages, working conditions, and the rights and duties of
management at the enterprise level. The Law on Collective Bargaining
provides the right to collective bargaining; however, overlapping
spheres of responsibility frequently impeded the collective bargaining
process, and the manner in which the collective bargaining law was
applied prejudiced the bargaining process against independent unions
and favored the official unions (affiliates of the FPU). Most workers
were not informed that they were not obligated to join the official
union. Renouncing membership in the official union and joining an
independent union could be bureaucratically onerous and typically was
discouraged by management. The law provides that an independent union
may be removed easily from the collective bargaining process at the
enterprise level. Under earlier legislation, if several unions at an
enterprise failed to agree on joint representation, the larger union--
that is the FPU--represented labor in the bargaining process. Neither
the 1999 law nor the January amendments to the Trade Union Law
addressed this problem.
The Government, in a negotiation with trade unions in which all
unions were invited to participate, established wages in each
industrial sector in the form of a General Collective Bargaining
Agreement, last signed in April 2001. The Law on Labor Disputes
Resolution establishes an arbitration service and a National Mediation
and Reconciliation Service to mediate labor disputes. According to
official statistics, the service resolved 263 out of 554 labor disputes
during 2001. The collective bargaining law prohibits antiunion
discrimination. Under the law, discrimination disputes involving a
union that is barred from participating in a collective bargaining
agreement should be resolved by the courts. There have been cases in
which such disputes were not settled in a fair and equitable manner.
The Constitution provides for the right to strike ``to defend one's
economic and social interests'' but states that strikes must not
jeopardize national security, public health, or the rights and
liberties of others. The law prohibits strikes that jeopardize life,
health, or the environment or that might hinder disaster, accident, or
epidemic-related operations. The law does not prohibit specifically
strikes based on political demands; however, it prohibits strikes based
on demands to change the constitutional order, state borders, or the
administrative division of the country, as well as on demands that
infringe on human rights. The law does not extend the right to strike
to members of the Procuracy, judiciary, armed forces, security
services, law enforcement agencies, and public servants. The law
extends the right to strike to employees of ``continuing process
plants,'' for example, metallurgical factories, provided that they give
15 days' advance notice of their intent to strike. According to the
International Confederation of Free Trade Unions (ICFTU) 1999 annual
report, the Law on Transportation does not allow strikes in the
transport sector. Workers who strike in prohibited sectors can receive
imprisonment of up to 3 years.
The Government has relied on prosecutors and the courts to deal
with strikes that it considered illegal. The law does not extend the
immunity from discipline or dismissal to strikers who take part in
strikes that later are declared illegal by the courts. A union that
organizes an illegal strike is liable for strike-inflicted losses.
During 2001 31 enterprises and 6,776 workers took part in strikes.
These figures illustrated a significant drop in strike participation
from 2000, when an estimated 20,600 workers from 76 enterprises
participated in strikes.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution and the
Labor Code prohibit forced or bonded labor, including by children;
however there were reports that such practices occurred (see Section
6.f.). Human rights groups described as compulsory labor the common use
of army conscripts in the alternative service for refurbishing and
building private houses for army and government officials (see Section
1.c.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment is 16; however, in certain
nonhazardous industries, enterprises may negotiate with the Government
to hire employees as young as 15 with the consent of one parent.
Children aged 14 can legally work on a short-term basis in the social
sector and agriculture with the consent of one parent. The State
Department for Monitoring Enforcement of Labor Legislation within the
Ministry of Labor and Social Policy is responsible for enforcing child
labor laws and was generally effective; however, some children under
the minimum employment age worked in the informal sector. According to
research conducted by the Ukrainian Institute of Social Research in
cooperation with the ILO, 6.8 percent of children between the ages of 7
and 17 work. In August 2001, an interagency commission released a
report on the status of child labor in the country and the Government's
steps to minimize it.
The Criminal Code prescribes up to 5 years in prison for involving
children in criminal activities, drinking, begging, prostitution,
gambling, or other exploitation. Children worked in the agricultural
sector, although child labor was also a trafficking issue (see Section
6.f.). Begging by children existed, although it was limited. On June
20, the press reported that an estimated 400,000 children aged 7 to 17
were working. During the first quarter of the year, police identified
almost 1,500 offenders for involvement in child labor, 111 of them for
involvement in begging.
e. Acceptable Conditions of Work.--Working conditions and pay
levels were affected adversely by the overall poor state of the
economy. The minimum monthly wage was approximately $26 (140 hryvnia)
for the first half of the year and $31 (165 hryvnia) after July 1, and
the minimum monthly pension was approximately $6.37 (34 hryvnia).
Monthly pensioners also received a supplementary social benefit of just
under $4 (20 hryvnia). In December the Rada passed and the President
signed into law an increase in the minimum wage to approximately $35
(185 hryvnia), effective January 1, 2003. The minimum wage was enforced
in the official economy for employees who worked full time; however,
the official subsistence level was set by parliament at approximately
$64 (342 hryvnia) per month. The average monthly salary was
approximately $73 (390 hryvnia); the average wage exceeded the
subsistence level for the first time in June. While the Government
sector has repaid wage arrears in most areas, in some parts of the
country teachers were not paid monetary benefits (back holiday pay and
service bonuses) owed to them. As of September 1, back wages to
teachers totaled approximately $840,000 (4.5 million hryvnia); all wage
arrears in the economy totaled approximately $449 million (2.39 billion
hryvnia). Wage arrears remained a problem in the private sector (which
includes large enterprises in which the State was a shareholder).
Official estimates placed arrears at about $636 million (3.4 billion
hryvnia) as of October. The national pension system repaid all arrears
during 2000. However, average wages were not as low as these statistics
suggest, since the untaxed and unreported shadow economy was estimated
to account for 50 percent of total economic activity. Activity in the
shadow economy tended to be concentrated in retail trade and services
but touched every sector and provided a means for individuals to
supplement their often-meager salaries. In rural areas, where reported
incomes tended to be the lowest, families subsidized their incomes by
growing fruit and vegetables and raising livestock.
The Labor Code provides for a maximum 40-hour workweek, a 24-hour
period of rest per week, and at least 24 days of paid vacation per
year. Stagnation in some industries, for example in defense,
significantly reduced the workweek for some categories of workers.
The law contains occupational safety and health standards; however,
these frequently were ignored in practice. In particular, illegal coal
mines connected to organized crime and corrupt leaders operated in
unsafe conditions, resulting in scores of deaths. Lax safety standards
and aging equipment caused 26,102 serious accidents (down from 30,841
in 2001), resulting in 1,285 deaths (114 fewer than 2001). During the
first 11 months of the year, there were 250 deaths in the coal sector,
288 in the agricultural sector, and 106 in construction. In the coal-
mining sector, it was estimated that there had been 5.2 deaths for
every million tons of raw coal extracted.
In theory workers have a legal right to remove themselves from
dangerous work situations without jeopardizing continued employment;
however, independent trade unionists reported that in reality,
asserting this right would result in retaliation or perhaps dismissal
by management.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however trafficking in women and girls was a significant
problem. The country was a major country of origin and transit for
women and girls trafficked abroad for sexual exploitation. There were
some reports of men and boys being trafficked abroad primarily for
labor purposes; however, the majority of trafficking victims were
women. No reliable figures were available on the extent of the problem,
and estimates varied widely. There were reports that individual members
of government forces facilitated trafficking in persons.
The Criminal Code imposes harsh penalties for trafficking in human
beings, including for sexual exploitation and pornography. Article 149
mandates 3 to 15 years in prison for trafficking. Under some
circumstances--for example trafficking of children or groups of
victims--traffickers can be sentenced to prison terms of up to 10
years. The Government did not routinely prosecute suspected
traffickers, although the number of such cases has increased in the
last year. According to the IOM, 107 cases were filed against
traffickers in the first 8 months of the year, and since 1998, 298
criminal cases have been filed, not counting cases opened under other
applicable laws, such as brothel keeping, organized crime, and fraud.
In 2001 84 victims testified against traffickers; 202 testified in the
first 10 months of the year. A total of 52 cases have resulted in
prosecution since 1998, 12 of which have fully concluded and 40 awaited
appeal or final sentencing. Sentences for those convicted of
trafficking ranged from fines to up to 9 years in prison. The
Government reported that it regularly reviewed the licenses of
Ukrainian employment agencies, and suspended the licenses of 69 travel,
marriage, and job agencies between January 2001 and June 2002 for
involvement in trafficking.
Trafficking was becoming a higher priority for law enforcement
agencies, but these agencies often lacked the financial and personnel
resources to combat well-established criminal organizations that ran
trafficking operations. The Ministry of Internal Affairs established
special antitrafficking units at the national and oblast levels. These
units became operational in 2000; however, they have had a limited
impact. They suffered from lack of adequate resources and often were
tasked to work on cases involving other crimes.
The Government generally cooperated with other governments in the
investigation and prosecution of trafficking cases; however, efforts
were hampered by a number of factors, including insufficient
investigative resources, the reluctance of victims to give evidence
against traffickers, and in some cases, by a lack of cooperation from
officials in destination countries. The law permits the extradition of
foreign nationals charged with trafficking when appropriate bilateral
agreements with the country in question have been signed, when the
crime was committed within the jurisdiction of another country, and
when trafficking is a crime under the laws of the requesting country;
however, there have been no cases of extradition of trafficking
suspects. The Constitution prohibits the extradition of Ukrainian
citizens. Government cooperation with NGOs improved during the year. A
June 5 decree by the Cabinet of Ministers mandated that central,
regional, and local administrations develop and approve measures to
combat trafficking in persons and mobilize funds to implement actions.
The oblast governments responded quickly to the decree. For the first
time, almost all the local and regional authorities included NGOs as
partner organizations in their regional action plans. The relevant
authorities, however, had yet to budget for any new activities.
Between January 2000 and August 2002, the IOM assisted 582
trafficking victims (including 286 during the first 11 months of the
year) to return to Ukraine and reintegrate into society. From January
2001 to June 2002, the NGO La Strada assisted an additional 172 victims
to return home and reintegrate. These numbers, however, represented a
small fraction of the total number of women trafficked abroad. The IOM
estimated in 1998 that 100,000 citizens had been trafficked abroad
since 1991. In 1999 La Strada estimated that 420,000 women had been
trafficked abroad between 1991 and 1998. In unofficial estimates,
Winrock representatives conservatively projected that between 8,000 and
10,000 individuals were trafficked from Ukraine during the year. There
were unconfirmed reports that local officials abetted or assisted
organized crime groups involved in trafficking.
Women and girls were trafficked to Central and Western Europe
(including the Balkans, Austria, Italy, France, Germany, Switzerland,
the Czech Republic, Hungary, Portugal, Spain, Poland, Greece, and
Turkey), the United States, and the Middle East (including Israel,
Lebanon, and the United Arab Emirates) for sexual exploitation; there
also were reports that women and girls were trafficked from the country
to Australia, Japan, and South Africa. Women who were trafficked out of
the country often were recruited by firms operating abroad and
subsequently were taken out of the country with legal documentation.
They were solicited with promises of work as waitresses, dancers, or
housemaids or were invited by marriage agencies allegedly to make the
acquaintance of a potential bridegroom. Once abroad the women found the
work to be very different from what was represented to them initially.
There were credible reports of widespread involvement of organized
crime in trafficking.
NGOs reported that local militia and border guards received bribes
in return for ignoring trafficking. Some reports alleged that local
public officials abetted or assisted organized criminal groups in
trafficking women abroad. In a 1999 report, the UNDP identified graft
of officials and political corruption as two of the factors causing the
spread of trafficking and prostitution; however, data on the possible
prosecution of law enforcement and border control authorities for their
involvement in trafficking was unavailable.
Victims often were reluctant to seek legal action against
traffickers out of fear of reprisals or unwillingness to tell their
stories publicly. Societal attitudes toward trafficking victims often
were harsh, which deterred women from pursuing legal action against
traffickers. In addition, law enforcement officials did not provide
sufficient protection to witnesses to encourage them to testify against
traffickers, and traffickers were able to intimidate victims to
withdraw or change their testimony. A witness protection law exists but
was in abeyance because of lack of funding. Under the law, names and
addresses of victims of crimes can be kept confidential if they request
protection due to fear for their lives.
The Government was unable to assist victims effectively, primarily
due to lack of funds. NGOs such as the domestic affiliates of La Strada
and Winrock International offered some support services for victims of
trafficking, but these groups also suffered from a shortage of funds.
The IOM's Kiev mission, in cooperation with its missions in destination
countries, began providing return and reintegration assistance to
victims. The IOM and NGOs, particularly La Strada and Winrock
International, worked closely with government officials; however, NGOs
reported that lack of a central government authority on trafficking
issues could be frustrating, and the Government did not provide
assistance to victims. With foreign government assistance, seven
regional trafficking prevention and women's support centers were in
operation at year's end in Donetsk, Lviv, Dnipropetrovsk, Chernivtsi,
Kherson, Rivne, and Zhytomyr. The centers offered job-skill training
and telephone hot lines and served as referral centers for health,
legal, and psychological counseling. On February 8, the IOM opened a
comprehensive medical center and shelter for victims of trafficking.
Between February and August, the center provided medical and
psychological services, including vocational counseling, to 88
trafficking victims. These centers, as well as additional NGOs funded
by the IOM, also played an important role in facilitating good
relations and cooperation between victims, communities, and law
enforcement organizations in addressing trafficking issues. NGOs also
operated hot lines in Luhansk, Odesa, Kharkiv, Ternopil, and
Sevastopol. During the year, La Strada hot lines received 4,061 calls,
72 percent of which concerned consultation on working abroad. Since
November 1997, La Strada has received over 12,526 calls. Winrock
International reported 16,854 calls to its hot lines during the year;
15 percent concerned trafficking, and the majority of the callers were
between 19 and 30 years of age. The Government worked to improve
assistance provided by its diplomatic missions to victims in
destination countries.
The Deputy Prime Minister for humanitarian affairs is responsible
for implementing all antitrafficking programs. In 1999 the Human Rights
Ombudsman established a National Coordinating Council for the
Prevention of Trafficking in Human Beings, and the organization
increasingly has become an outspoken and leading advocate in the
Government for raising public and international awareness of the
trafficking problem; however, the Ombudsman's office lacked enforcement
powers and has not demonstrated its practical effectiveness (see
Section 4). A National Action Plan to Counter Trafficking for 2002-05
was approved by the Cabinet of Ministers on June 5. In 1999 the
Ministry of Education adopted a curriculum in trafficking as part of
the first national program on trafficking prevention and awareness in
high schools.
During the year, several television stations broadcast documentary
films and informational programs highlighting the danger of
trafficking. During the year, there were several international
roundtable discussions and a major conference on trafficking held in
Kiev.
NGOs conducted general awareness campaigns throughout Ukraine,
often in cooperation with government entities. For example, an
international conference on trafficking took place in Kiev in October.
Winrock also produced and showed a film documentary on trafficking.
These activities, together with the constant attention to the
trafficking problem by the Ombudsman, helped to raise public awareness.
__________
UNITED KINGDOM
The United Kingdom of Great Britain and Northern Ireland is a
longstanding constitutional monarchy with a democratic, parliamentary
government. Some central government powers have been devolved to
locally elected bodies in Wales, Scotland, and Northern Ireland. In
Northern Ireland, the 1998 Good Friday Agreement established local
government institutions, including a legislative assembly and a power-
sharing executive. The judiciary is independent.
Civilian officials maintained effective control of the police
forces. In Great Britain, regional police forces were responsible for
maintaining law and order; in Northern Ireland, the Police Service of
Northern Ireland (PSNI) was responsible for maintaining law and order.
In some areas of Northern Ireland, because of the continuing threat of
violence, army units operated to reinforce the PSNI. There were
approximately 14,000 British troops stationed in Northern Ireland,
among the lowest number since the early 1970's. There were some
complaints that individual members of the police committed some human
rights abuses.
A highly developed, diversified, market-based economy with
extensive social welfare services provides most of the country's 58.8
million residents with a high standard of living.
The Government generally respected the human rights of its
citizens; although there were some problems, the law and judiciary
provided effective means of dealing with individual instances of abuse.
There were some complaints that individual members of the police and
military occasionally abused detainees and some other persons. Prison
conditions remained a problem, including instances of mistreatment by
prison officials and overcrowding. There were occasional cases of
societal violence and discrimination against women, ethnic minorities
and asylum seekers, which the Government continued to combat.
Trafficking in persons remained a problem, which the Government took
steps to address. The United Kingdom was invited by the Community of
Democracies' (CD) Convening Group to attend the November 2002 second CD
Ministerial Meeting in Seoul, Republic of Korea, as a participant.
Although many paramilitary organizations in Northern Ireland
continued to maintain a cease-fire in accordance with the Good Friday
Agreement, punishment attacks have continued to occur in areas under
the influence of these groups, and some dissident groups committed acts
of violence, including killings, aimed at disrupting the peace process.
On October 14, the Northern Ireland Assembly and Executive were
suspended and the Government temporarily re-instituted direct rule
headed by the Secretary of State for Northern Ireland and four
ministers. The Government reiterated its commitment to the Good Friday
Agreement and continued to work towards its implementation, including
reestablishment of the Assembly and Executive in Northern Ireland.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings by the Government or its agents.
According to the Annual Report of the Police Complaints Authority
(PCA), there were 36 deaths in police care or custody during the 12
months ending in March, compared with 32 in 2000-2001. The PCA reported
that 10 of the deaths occurred because of natural causes, 20 were due
to alcohol or drugs, 4 were suicides, and 2 due to other causes,
specifically persons who fell from a window. The Home Office and the
Police Complaints Authority have initiated a range of actions aimed to
eliminate such deaths, including safer custody facilities, improved
training, CCTV monitoring, piloting new technologies, and emphasis on
better care, assessment and monitoring of detainees.
In May three detectives faced disciplinary action over their
investigation into the 1999 death of Roger Sylvester. In 2000 the Crown
Prosecution Service (CPS) ruled that there was insufficient evidence
for a criminal trial; however, a coroner's inquest is scheduled to
begin in 2003.
On June 21, the jury of the coroner's inquest returned an open
verdict to the 1999 police shooting of Harry Stanley after the CPS
ruled in 2000 that there was insufficient evidence for a criminal
trial. The family's appeal of the verdict was ongoing at year's end.
There also were a number of deaths in prison due to suicide and
natural causes (see Section 1.c.). The inquest into the 1996 death
while in prison of Jim McDonnell remained ongoing at year's end.
In May the UK and Irish governments appointed the Honorable Judge
Peter Cory to ``establish the facts and report with further
recommendations'' regarding allegations of past state involvement,
collusion or culpability in six Northern Ireland and Republic of
Ireland cases of killings of: Pat Finucane in 1989, Billy Wright in
1997, Robert Hamill in 1997, Rosemary Nelson, Lord Justice and Lady
Gibson in 1987, and police officers Harry Breen and Bob Buchanan in
1989. The Government pledged to conduct a public inquiry into any of
these cases if so recommended by the judge.
Hearings continued in the judicial inquiry into the events in
Northern Ireland on January 30, 1972--``Bloody Sunday''--when 13
unarmed civil rights demonstrators in Londonderry were killed by
British soldiers but for which no member of the security forces were
held accountable.
The NGO British Irish Rights Watch reported that paramilitary
groups were believed to be responsible for at least 13 killings in
Northern Ireland.
In January police charged Colm Murphy with aiding and abetting the
1998 bombing in Omagh. He was serving a 14-year jail sentence after
being found guilty of conspiring to cause an explosion. In July five
men, including Colm Murphy, were served with civil writs for
compensation by some of the Omagh victims. In August some of the Omagh
victims initiated actions for compensation against the Secretary of
State for Northern Ireland and the PSNI for failing to prevent the
bombing. Family members of the victims criticized Sinn Fein, a legal
political party linked with the IRA, for refusing to assist in the
police investigation; they were pursuing a civil suit against the RIRA
at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The British and Irish governments in 1999 jointly established the
Commission for the Location of Victims' Remains to locate the remains
of nine victims of IRA paramilitary violence from the 1970s. It located
the remains of three persons in 1999, suspended its work in 2000
pending the receipt of additional information from the IRA, and resumed
the search for the body of Charles Armstrong in May. This search was
abandoned 3 weeks later due to the exhaustion of available information.
No more bodies have been found.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
complaints that individual members of the police and army occasionally
abused detainees. Human rights organizations maintain that such abuse,
while not widespread, was a matter of serious concern (see Section
1.a.).
Detainees who claim physical mistreatment have the right to an
immediate medical examination. A trial judge must examine such a claim.
Confessions obtained by abusive treatment are not admissible in court,
and judges can exclude even voluntary confessions.
The Independent Assessor of Military Complaints coordinates
investigations into complaints of abuses committed by the Army in
Northern Ireland. Its June 19 report cited a 21.5 percent drop from the
previous year in the number of complaints received.
Human rights groups continued to call for an end to the use of
plastic bullets, which were used by the police and military in Northern
Ireland to quell civil disturbances. The police have introduced
safeguards on the use of plastic bullets and the Police Ombudsman
reviewed every instance when the police fired a plastic bullet. Between
April 2001 and March, the Police Ombudsman produced seven reports on
incidents relating to the discharge of plastic bullets by police
officers. In each incident, investigators concluded that the discharge
was justified and proportionate. The firing by soldiers acting in
support of the police did not come under the Ombudsman's jurisdiction.
No deaths occurred as a result of plastic bullets.
Reports by official bodies and NGOs have suggested that the public
lacked confidence in existing procedures for making complaints against
the police, with more complainants taking their cases directly to the
civil courts. There were 7,148 complaints filed with the PCA from April
2001 through March, 732 fewer complaints than filed in the previous
period. Almost one-quarter of the cases reviewed by the PCA between
April 2001 and March resulted in some form of disciplinary or legal
action.
In June the Government passed the Police Reform Act, which among
other things replaces the PCA with the Independent Police Complaints
Commission (IPCC). The legislation grants the IPCC its own body of
investigators with the powers to investigate matters of police
misconduct completely separately from the police. The IPCC allows for
greater involvement of the complainant in the investigation; greater
openness in disclosing materials to the complainant; more effective
powers to direct that disciplinary charges be laid against police
officers; and greater independence of the person carrying out the IPCC
investigation. All deaths in police custody will be referred to the
IPCC. The Act also provides for a National Policing Plan to set
priorities for policing and measures to ensure the most effective
methods are used by all police forces.
The armed forces have a procedure to handle complaints of
harassment, racial and otherwise. Service personnel also have the right
to submit complaints to employment tribunals. In 1998 the services
entered into a 5-year partnership agreement with the Commission on
Racial Equality (CRE) to promote racial equality practices. On
September 16, the Crown Prosecution Service entered into a partnership
with the CRE designed to assist in its continued progress towards the
elimination of racial discrimination.
The Police Ombudsman for Northern Ireland, who has an independent
staff, has extensive powers to investigate complaints in Northern
Ireland filed against the police or referred by the PSNI chief
constable, the Police Authority of Northern Ireland, or the Secretary
of State for Northern Ireland. The Ombudsman is required to investigate
cases involving death or serious injury where there may have been
police involvement and may investigate all other cases of complaints
against the police. The Ombudsman may recommend to the Director of
Public Prosecutions (DPP) that charges be brought against officers,
although the final decision rests with the DPP. The Ombudsman can
direct the Chief Constable to take disciplinary action against police
officers.
Between November 2000 and March 31, the Ombudsman received 6,341
complaints, approximately two-thirds of which concerned oppressive
behavior or incivility by the police. As of March 31, 1,794 cases were
resolved, 64 of which resulted in disciplinary action or criminal
charges.
Parliament enacted legislation implementing the 1999 Patten Report
on Policing in Northern Ireland in November 2000. The law imposed
hiring quotas to increase Catholic representation in the PSNI and
introduced new human rights standards and wider use of community
policing practices. Respect for human rights is part of the appraisal
process for staff evaluation. In September Hugh Orde was appointed the
new Chief Constable of the PSNI. A cross-community Policing Board, with
a majority elected membership, holds the Chief Constable and police
service accountable. Sinn Fein has refused to participate and has
declined to encourage Catholics to join the police, as called for in
the Patten Report. In May and September reports, the Oversight
Commissioner charged with reviewing the Patten reforms criticized the
delay in integrating Special Branch and Crime Branch and the lack of
progress in establishing District Policing Partnerships and a new
police training college. The Commissioner also noted areas of progress,
including the March release of the first Policing Plan by the Policing
Board, the January endorsement by the Police Board of the Police
Service's strategic plan for community policing, the progress of the
Police Service's Analysis Center, and the April 5 signing of the Inter-
Governmental Agreement by the British and Irish governments.
Both loyalist and republican paramilitary groups in Northern
Ireland continued to intimidate or carry out ``punishment'' attacks on
individuals who lived in areas under paramilitary influence. The
attackers have used iron pipes, baseball bats, sledgehammers, and
spiked clubs to beat their victims or shot them in the knees and legs.
The attacks often were intended to maintain or extend the control of
paramilitary groups in a given region. The Northern Ireland Human
Rights Commission reported that between April 2001 and March 2002,
there were 302 ``punishment'' attacks, compared with 323 in the
previous year. Of these, 190 were paramilitary-style shootings and 112
were beatings, with loyalists suspected of responsibility in nearly
two-thirds of the cases. Human rights groups stated that available
statistics underreported the true number of casualties because many of
the individuals were too intimidated to report paramilitary punishment
attacks.
On September 29, Danny McBrearty was bludgeoned and shot three
times in Londonderry/Derry, which police have attributed to the PIRA
(see Section 2.d.). On October 15, police arrested a person in
connection with the shooting.
Immigrants and asylum seekers were subject to some societal
violence and attacks during the year (see Section 5).
Prison conditions generally met international standards; however,
instances of mistreatment by prison officials, overcrowding, and
suicides occurred. A September 17 report by the Prison Reform Trust
warned that prisons in England and Wales suffered from an overcrowding
crisis which threatened prison safety, leading to prisoners being held
in inhumane and degrading conditions. The Prison Service attempted to
correct the problems of overcrowding and poor facilities by providing
funding for 2,320 new places. The prison population in England and
Wales increased slightly over the previous year from 66,049 inmates to
72,660.
On October 23, approximately 150 inmates at Lincoln Prison rioted
for 8 hours, set a wing of the prison on fire, and destroyed
approximately 200 bed spaces. A group of prisoners attacked a guard,
stole his keys and released fellow inmates from their cells to set off
the riot. Hundreds of inmates were subsequently transferred to other
prisons due to the lost space. The Prison Officers' Association stated
that severe overcrowding and insufficient staffing levels had caused
friction at the prison.
On March 27, an appeals court ruled that a public inquiry into the
racially motivated killing of Zahid Mubarek while in prison in 2000 was
not warranted. Since the cause of death had been established by the
conviction of cellmate Robin Stewart for the murder, the court stated
that there was no basis for prosecuting any member of the prison
service.
In June Amnesty International (AI) reported authorities were not
sufficiently protecting the human rights of incarcerated minors with
respect to inter-prisoner violence, suicides, investigations into
deaths in prison, abuse, segregation, and prison conditions and called
for a public inquiry to examine these issues.
On March 14, the European Court of Human Rights ruled that the
Government had breached the European Convention on Human Rights on four
counts relating to the 1994 death of Christopher Edwards who was beaten
to death by his cellmate; both were diagnosed as mentally ill. On May
28, the Court concluded that the Government had violated Dermot
McShane's right to life as a result of its failure to ensure an
effective investigation into his 1996 death in Londonderry/Derry.
On August 28, the Howard League for Penal Reform stated that 64
percent of jails were overcrowded. In February the new Chief Inspector
of Prisons reported on abusive conditions in Dartmoor prison, where
inspectors said nearly a quarter of the 700 inmates reported being
verbally abused by staff.
The Howard League for Penal Reform reported that 94 persons
committed suicide in prisons in England and Wales, an increase of 29
percent from 2001. In June Mark Fulton, a key suspect in the murder of
lawyer Rosemary Nelson, was found strangled by his own belt in his
cell.
Human rights groups have been particularly critical of Special
Security Units (SSUs), which were used to hold prisoners deemed to pose
an exceptional risk of escape. Human rights monitors have criticized
small group isolation; the lack of adequate exercise, work, educational
opportunities, and natural daylight; and the strict enforcement of
noncontact visits through a glass barrier. At year's end, there was
only one SSU in operation, holding a small number of prisoners.
Prisoners held in the SSU were provided with all the facilities
required under Prison Rules, although those facilities were delivered
within the Unit and not in the main part of the prison. The SSU was
also subject to independent inspection by HM Chief Inspector of
Prisons.
The number of female prisoners continued to rise. Implementing the
recommendations of a 1999 report by its women's policy group, the
Prison Service adopted new procedures governing admission to mother and
baby units and standards for their management. There were four Mother
and Baby units in England, which provided 64 places for mothers to keep
their children with them while in prison.
After April 30, the Government stopped the routine use of prisons
to hold immigration detainees. People held solely under immigration
legislation were accommodated in Immigration Service Removal Centers
under Detention Center rules, unless they had completed a sentence of
12 months or more in a British prison or were held for reasons of
security and control.
In the prison system, women were held separately from men,
juveniles from adults, and pretrial detainees from convicted prisoners.
Separate and distinct prison regimes exist for Northern Ireland and
Scotland, administered through the Northern Ireland Office and the
Scottish Office, respectively. The Government permitted independent
human rights observers to visit prisons and immigration detention
centers. An April report by the Council of Europe's Committee for the
Prevention of Torture (CPT) found during its February 2001 visit that
the three basic safeguards against ill-treatment of persons detained by
the police advocated by the CPT on the whole operated in a satisfactory
manner. The report also found that conditions of detention continued to
be satisfactory in police stations in the London region, but
recommended that authorities review these conditions in Wales.
NGOs reported complaints from prisoners in Maghaberry jail
concerning their personal safety. Prisoners reported death threats and
assaults by members of opposing factions. NGOs called for greater
provisions to protect the prisoners.
d. Arbitrary Arrest, Detention, or Exile.--The law prohibits
arbitrary arrest or detention, and the Government generally observed
these prohibitions; however, arrests may be made without judicial
warrants, particularly in Northern Ireland, when police have reasonable
cause to suspect wrongdoing, and antiterrorism legislation gives
authorities broad powers of arrest, detention, and interrogation.
The law allows police officers to stop and search vehicles and
pedestrians if a police officer of at least superintendent rank (or a
chief inspector if no superintendent is available) ``reasonably
believes'' it is expedient to do so to prevent acts of violence. The
authorization is limited to a 24-hour period but is renewable under
certain circumstances. Under the law, suspects arrested without
warrants must be released within 24 hours (or 36 hours if a serious
offense is involved) unless brought before a magistrates' court or
arrested under Terrorism Act provisions. The court may authorize the
extension of detention by 36 hours and on further application by
another 24 hours.
The 2000 Terrorism Act entered into force in February 2001. The act
widens the definition of terrorism and reforms mechanisms and powers
that deal with terrorism relating to Northern Ireland and extends them
to all forms of domestic and foreign terrorism in the United Kingdom.
It also provides for special emergency powers applicable to Northern
Ireland for a period of up to 5 years. These powers include special
entry, arrest, search, and seizure authority without a warrant under
certain circumstances. In February the Home Office issued the ``Secure
Borders, Safe Haven'' White Paper and, on November 7, the Nationality,
Immigration, and Asylum Act was passed. The Act reformed the asylum
system by establishing a system of induction, accommodation, and
removal centers to expedite the process and reduce abuses. On October
4, the NGO Asylum Coalition condemned the bill for its plans to
educated asylum-seeking children in accommodation centers rather than
in local schools.
While there is no law prohibiting forced exile, the Government did
not employ it.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice. There are several levels of courts. Most
criminal cases are heard by magistrates' courts, which are managed by
locally based committees. Their decisions may be appealed to the Crown
Courts, which also hear criminal cases requiring a jury trial, or to
the High Courts. Crown Court convictions may be appealed to the Court
of Appeal, which may in turn refer cases involving points of law to the
House of Lords. The Appellate Committee of the House of Lords (which
consists of senior judges and was functionally distinct from the
legislative arm) is the final court of appeal. The Criminal Cases
Review Commission operates as an additional appellate body in England,
Wales, and Northern Ireland. It considers cases after the judicial
appeals process are exhausted and where there is significant new
evidence that casts doubt on the conviction. In Scotland similar
appeals may be made to the Scottish Office.
The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Defendants enjoy a presumption
of innocence until proven guilty, the right to question witnesses
against them, and the right of appeal to successively higher courts.
Indigent defendants have the right to free counsel of their choice,
with some exceptions. UNHCR reported that the right of asylum seekers
to free legal advice was severely limited by a shortage of competent
legal advice in the regions and of funding for such advice elsewhere.
Criminal proceedings must be held in public except those in
juvenile court and those involving public decency or security. In a
trial under the Official Secrets Act, the judge may order the court
closed, but sentencing must be public.
The law empowers judges to instruct juries that they may draw an
inference of guilt from a defendant's refusal to answer questions
during interrogation or trial, although no conviction can be based
solely on such an inference. Human rights groups and the U.N. Human
Rights Committee have criticized this provision, which they considered
an abrogation of the right against self-incrimination. A similar
provision is in effect in Northern Ireland, but the law prohibits the
drawing of an inference from silence when a suspect is questioned
before being permitted access to an attorney. The European Court of
Human Rights had ruled that, taken in isolation, drawing inferences
from silence did not contravene the accused's right to a fair trial
guaranteed by Article 6 of the European Convention on Human Rights and
Fundamental Freedoms. However, the Court decided that the possibility
of inferences being drawn from the silence of an accused while he was
denied access to legal advice constituted a breach of the requirement
for a fair trial under Article 6.
A small percentage of defendants faced lengthy pretrial detention
(see Section 1.d.). The Crime and Disorder Act includes measures to
reduce delays in criminal proceedings by introducing procedural reforms
and further limiting the time allowed for the prosecution of cases.
The 1996 Criminal Procedures and Investigations Act reduced defense
lawyers' access to potential evidence held by the prosecution,
including information as to how the evidence was collected.
Under the 2000 Terrorism Act, the opinion of a senior police
officer that an individual is a member of terrorist organization is
admissible as evidence in criminal proceedings, but a person cannot be
charged or convicted solely on this basis. The provision is a temporary
measure for Northern Ireland, requires annual renewal, and has not been
used to date (see Section 2.b.).
In Northern Ireland, trials for certain terrorist-related offenses
are conducted automatically as ``scheduled cases,'' also referred to as
``Diplock cases,'' without a jury unless they specifically are
``scheduled out'' to ordinary jury courts. If judges decide to convict,
they must justify the decision in a document that becomes part of the
court record. An appellate court may overturn the decision on either
factual or legal grounds. From January 1 through October 31, 75 persons
were tried as ``scheduled cases,'' of whom 32 either pled or were found
guilty. A person convicted in a ``scheduled case'' has an automatic
right of appeal. The Government's continued reliance on ``scheduled
cases'' has been criticized widely by human rights groups. In July the
Government repealed section 76 of the Terrorism Act, which meant that
the standard for admissibility of confession in the ``scheduled cases''
is now the same as that in ordinary criminal courts.
The PSNI introduced a Police Order regulating the relationship
between police officers and defense lawyers. The NGO British Irish
Rights Watch stated that some NGOs had reported that threats against
lawyers had ceased due to new interview procedures, but that in non-
interview situations some lawyers continued to receive threats.
In response to the 2000 Northern Ireland Criminal Justice Review,
the Government introduced draft legislation in December 2001 to
implement the recommendations. Some NGOs criticized the Bill and
implementation plan as weak, especially in relation to prosecutions and
judicial appointments.
The Human Rights Act requires all public bodies to act in a manner
compatible with the European Convention on Human Rights. The law
provides citizens with the right to take alleged violations of the
convention by a public authority into British courts.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Warrants normally
were required for a police search of private premises. A police officer
may enter and search without a warrant ``any premises if he or she
reasonably suspects a terrorist is to be found there.'' The Government
compensates persons whose houses or property are damaged during house
searches. Police stop minorities for searches more often then whites
(see Section 5).
Under the Regulation of Investigatory Powers Act (RIPA) the
Government may monitor the content of private electronic communications
after obtaining a warrant. Law enforcement agencies may require
individuals and businesses to disclose encryption keys under certain
circumstances. Businesses may monitor the electronic communications of
employees.
Three NGOs, British Irish Rights Watch, Liberty, and Irish Council
for Civil Liberties, took a case to the European Court of Human Rights,
stating the Government had intercepted their telephone calls to clients
in Ireland without a warrant.
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 generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combine to secure freedom of
speech and of the press. Viewpoints critical of the Government were
well represented.
Press organizations and human rights groups continued to criticize
1981 legislation that allows courts to order a journalist to disclose a
source if it is deemed to be in the interests of justice and 1984
legislation that compels journalists to give evidence in cases where
police can prove it is necessary to their investigation. Journalists
cited the Official Secrets Act as unduly restrictive by prohibiting the
legal defense that the information provided by a source is already in
the public domain or that its publication is in the public interest.
The print media was dominated by more than a dozen national daily
and Sunday newspapers, all privately owned and independent (although
often generally aligned with a political party). Approximately one-half
of the electronic media was run by the BBC, which was funded by the
Government but enjoyed editorial independence. Corporations under
renewable government licenses operated the remainder.
The investigation into the 2001 drive-by shooting in Northern
Ireland of journalist Martin O'Hagen continued at year's end.
The 2000 Freedom of Information Act (FIA) is scheduled to be
implemented by November 2005. The FIA would provide the public with
access to information held by the Government. Critics charge that the
FIA exempts too much information from disclosure on the grounds that
the public interest in withholding it outweighs the benefit of its
disclosure.
The Government did not restrict Internet access. In May the
Government launched a task force to combat pedophilia on the Internet
(see Section 5).
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The law provides
for the right of peaceful assembly; however, the Government may limit
that right if it would impose a cost on public convenience.
In Northern Ireland, the annual ``marching season'' poses problems
as local residents in some Catholic communities perceive the parades as
threatening and provocative. The Public Processions (Northern Ireland)
Act grants responsibility for ruling on ``contentious'' marches to a
Parades Commission. The Commission may not ban marches, only impose
conditions on them, such as route restrictions. Of the 3,301 notified
parades held between April 2001 and March 2002, 220 were considered
contentious; the Parades Commission imposed restrictions on 152. Some
parades by the ``Loyal Institutions'' (the Royal Black Preceptory,
Orange Order, and Apprentice Boys), whose membership is almost
exclusively Protestant, have been prevented from passing through
nationalist areas because of public order concerns.
The law provides for freedom of association, and the Government
generally respected this right in practice. However, under the 2000
Terrorism Act, it is an offense, punishable by up to 10 years'
imprisonment, to belong to or profess to belong to a terrorist
organization proscribed by the Home Secretary. Individuals also were
subject to prosecution for supporting or inviting support for a
proscribed terrorist organization, arranging or addressing meetings by
proscribed organizations, or wearing clothing or carrying or displaying
articles that would reasonably arouse suspicion of membership in a
proscribed organization. The Act allows for the seizure and forfeiture
of assets belonging to a person convicted of fundraising or otherwise
assisting or supplying property to be used for the purposes of
terrorism.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. The
Government at all levels strives to protect this right in full and does
not tolerate its abuse, either by governmental or private actors.
There were two established churches: The Church of England
(Anglican) and the Church of Scotland (Presbyterian). Other than in the
House of Lords, membership in a given religious group does not confer a
political or economic advantage.
The Government did not recognize Scientology as a religion for the
purposes of charity law. Scientology ministers were not considered
ministers of religion for the purpose of immigration relations or
facilitating prison visits. However, prisoners were free to register
their adherence to Scientology; this is reflected on their records.
The law requires religious education in publicly maintained schools
throughout the country. The shape and content of religious instruction
is decided on a local basis and must be nondenominational and refrain
from attempting to convert pupils. All parents have the right to
withdraw a child from religious education, but the schools must approve
this request.
In addition, schools have to provide a daily act of collective
worship. This requirement may be waived if a school's administration
deems it inappropriate for some or all of the students. Under some
circumstances, non-Christian worship may be allowed. Teachers'
organizations have criticized school prayer and called for a government
review of the practice.
While the majority of state-supported schools were Anglican or
Catholic, there were a small number of Methodist, Muslim, and Jewish
schools.
During the year, there were isolated attacks against Muslims. The
Government condemned the violence, and ``religiously aggravated
offenses'' is part of the Anti-Terrorism, Crime, and Security Act 2001.
According to the Community Security Trust, there were 350 anti-
Semitic incidents reported, including at least 47 assaults. Public
manifestations of anti-Semitism were confined largely to the political
or religious fringes. At the end of April, suspected neo-Nazis
desecrated a synagogue in the Finsbury Park area of north London,
leaving windows smashed, religious artifacts defaced, and crude
swastikas painted everywhere; two senior Labor and Conservative
politicians united ``to condemn those who daubed swastikas and smashed
windows in a north London synagogue.''
The Human Rights Act prohibits discrimination on the basis of
religion by public authorities. In Northern Ireland, the Fair
Employment Act specifically bans employment discrimination on the
grounds of religious beliefs. All public sector employers and all
private firms with more than 10 workers must report annually to the
Equality Commission on the religious composition of their work force
and must review their employment practices every three years.
Noncompliance may bring criminal penalties and the loss of government
contracts. Unemployment in Northern Ireland registered 5.7 percent in
November, continuing the relatively low level of unemployment since
1997. The Catholic unemployment rate was approximately 3 \1/2\
percentage points higher than the rate for Protestants, down from the
approximately 9 percentage point difference in 1992. Victims of
employment discrimination may sue for damages.
The 1998 Good Friday Agreement aimed to create a lasting settlement
to the conflict in Northern Ireland and a society based on equality of
opportunity and human rights. However, the fear of intercommunal
violence has, over the years, led to a pattern of segregated
communities in Northern Ireland. Many Protestant and Catholic families
have moved away from mixed or border neighborhoods.
The police in Northern Ireland reported approximately 30 attacks
against both Catholic and Protestant churches, schools, and meeting
halls in 2001. Such sectarian violence often coincided with heightened
tensions during the spring and summer marching season (see Section
2.b.).
Protests in the predominantly Protestant Glenbryn area of north
Belfast against Catholic pupils of Holy Cross primary school continued
sporadically. Protests also occurred in other interface areas dividing
predominantly Protestant and predominantly Catholic areas in North
Belfast and in Short Strand. Residents complained of curfews and uneven
policing.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--The law provides for these rights, and
the Government generally respected them in practice. Citizens enjoyed
freedom of movement within the country, foreign travel, emigration, and
repatriation.
Paramilitary organizations in Northern Ireland continued to
threaten individuals and families to compel them to leave the Province.
In one such case, the family of Joseph McCloskey remained in exile in
England after a PIRA death threat in 2001 (see Section 1.a.).
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 cooperated with the
office of the UNHCR and other humanitarian organizations in assisting
refugees. The law provides for first asylum.
Applicants may apply for asylum or refugee status upon arrival or
after entering the country. The law permits all asylum seekers to
remain temporarily in the country at least until immigration
authorities consider their application and, if they are refused asylum,
until their rights of appeal are exhausted. Some asylum seekers were
detained while the Government reviewed their cases; the Government
dispersed detainees throughout the country, in housing estates or
government facilities (see Sections 1.c. and 1.d.).
From January to September, the Government acted on 125,625 initial
asylum applications, granting asylum in 6,025 cases. The Government
refused asylum in an additional 15,805 cases but granted those
applicants ``exceptional leave to remain.'' At the end of September,
37,200 asylum cases were outstanding. During the first quarter of the
year, asylum statistics showed that initial decisions were being made
more quickly and that the backlog had fallen to its lowest level in
over a decade.
In 2000 the Government issued guidelines for use by the courts in
considering asylum claims by women. Judges were urged to consider
situations more likely to be faced by female asylum applicants,
including female genital mutilation and trafficking (see Sections 5 and
6.f.).
The treatment of asylum seekers was the subject of considerable
media attention and political debate during the year (see Section
1.d.). On August 6, police closed the forensic investigation into the
February 14 fire and mass breakout at Yarl's Wood detention center.
Police and archaeologists reported it was highly improbable that anyone
had died in the fire as no human remains were found. Fourteen of the
40-plus detainees who escaped remained at large at year's end. The
center remained closed, and 13 people were arrested and charged with
violent disorder and arson. On August 28, Tayman Bahmani, an Iranian
asylum seeker, was stabbed to death in Sunderland.
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 peacefully and
freely exercised that right in practice through periodic, free, and
fair elections held on the basis of universal suffrage. The lower
chamber of Parliament, the House of Commons--the center of legislative
power--is elected in periodic, multiparty elections. The upper chamber,
the House of Lords, has the power to revise and delay but not block the
implementation of laws; it is made up of approximately 500 appointed
life peers, 92 hereditary peers and 26 senior clergy of the established
Church of England.
The Government is formed on the basis of a majority of seats in the
House of Commons, which are contested in elections held at least every
5 years. Participation in the political process is open to all persons
and parties. All citizens 18 years of age and older may vote.
Institutions such as the Northern Ireland Assembly, the Scottish
Parliament, and the Welsh Assembly have control over matters of
regional importance, such as education, health, and some economic
matters. Foreign affairs and defense continued to be the responsibility
of the central government. As in the rest of the country, Northern
Ireland has city and district councils but with fewer powers. England
and Wales also have county councils.
On October 14, the Northern Ireland Assembly and Executive were
suspended. The suspension came in the wake of October 4 raids on homes
belonging to Sinn Fein members and a Sinn Fein office at the seat of
Northern Ireland's devolved government, the Parliament Building. The
raids were prompted by an alleged Sinn Fein/IRA spy operation inside
the Northern Ireland Office in Belfast. The Government temporarily re-
instituted direct rule headed by the Secretary of State for Northern
Ireland and four ministers. The Government reiterated its commitment to
the Good Friday Agreement and continued to work towards its
implementation, including reestablishment of the Assembly and Executive
in Northern Ireland.
The small number of remaining overseas British territories have an
aggregate population of approximately 190,000. They enjoy varying
degrees of self-government based on the British model, with appointed
governors.
Women did not face any legal constraints on voting or holding
office. Women constituted 18 percent of the members of the House of
Commons and approximately 15 percent of those in the House of Lords. In
January the Government's Women and Equality Unit began a campaign,
including a regional seminar series, to increase the number of women
holding public appointments at the national level. Twelve members of
Parliament have identified themselves as members of minority ethnic
groups.
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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Proceedings under the Human Rights Act--which incorporated the
provisions of the European Convention on Human Rights into domestic
law--may be brought only by victims of a breach of convention rights by
a public authority. The Home Office has a human rights unit with
responsibility for human rights policy and legislation. NGOs have
criticized the Government for its failure to create a government-wide
Human Rights Commission. In Northern Ireland, a Human Rights Commission
was established as an outcome of the peace process to provide legal
advice and assistance to citizens. The Commission was consulting on a
bill of rights specific to Northern Ireland, pursuant to the Good
Friday Agreement, which also mandated wide-ranging reforms in policing
and criminal justice. Recommendations on a bill are scheduled for 2003.
Two members of the Commission resigned in September, citing the
Government's failure to provide adequate resources to the Commission.
While cases still may be taken to the European Court of Human Rights,
all domestic remedies under the Human Rights Act must be exhausted
first.
A number of international human rights NGOs, including AI and Human
Rights Watch, were based in the country. The Government cooperated
fully with international inquiries into alleged violations of human
rights.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
The 1976 Race Relations Act prohibits incitement to racial hatred
and discrimination on the basis of race, color, nationality, or
national or ethnic origin; some groups continued to experience official
and societal discrimination.
The Human Rights Act prohibits discrimination on the basis of
religion by public authorities. In Northern Ireland the Fair Employment
Act specifically banned employment discrimination on the grounds of
religious beliefs. The 1998 Fair Employment and Treatment Order
extended the prohibition on discrimination to the provision of goods,
facilities, services, and premises. The Northern Ireland Equality
Commission oversees antidiscrimination policy. Section 75 of the
Northern Ireland Act 1998 places all public authorities under a duty to
promote equality of opportunity.
Women.--Violence against women continued to be a problem. According
to Home Office statistics, from May 2001 to April 2002, there were
9,743 rapes and 21,765 indecent assaults. The report stated that sexual
offenses were significantly underreported.
Criminal penalties for rape, including spousal rape, sexual
assault, and domestic violence are substantial, and these laws were
enforced strictly; however, conviction rates for rape tended to be
lower than for other crimes. The law provides for injunctive relief,
personal protection orders, and protective exclusion orders (similar to
restraining orders) for women who are victims of violence. The
Government provided shelters, counseling, and other assistance for
battery or rape and offered free legal aid to battered women who were
economically reliant on their abusers. The law prohibits defendants
themselves from conducting cross-examinations of complainants in rape
and sexual offence trials. In 2001 the Government placed restrictions
on the admissibility into evidence of a complainant's previous sexual
history. Female genital mutilation is illegal but was practiced by
immigrant populations from countries in which the practice is common.
The extent to which the procedure was used is unknown, but the
Government continued to work to eradicate it.
Trafficking in women remained a problem (see Section 6.f.).
No law specifically prohibits sexual harassment; criminal action
for sexual harassment cases must be prosecuted under assault
legislation. Women's groups have complained that civil suits concerning
sexual harassment and discrimination on the basis of gender at times
take up to 3 \1/2\ years to appear before an industrial tribunal.
The law provides for equal opportunity between the sexes, but women
experienced some discrimination in practice. The law prohibits both
direct and indirect discrimination in training, housing, and the
provision of goods and services, as well as in employment. Women have
equal rights regarding property and divorce. The Government's Equal
Opportunities Commission supports persons who bring discrimination
cases before industrial tribunals and courts and produces guidelines
for employers. The Government's Women and Equality Unit reported that
women's hourly earnings are lower than men's, $12.70 (8.21 pounds) and
$16.45 (10.63 pounds), respectively. In the Government, women's issues
were represented at the cabinet level by the Minister for Women, who
heads up the Women and Equality Unit, which engaged in dialog with
women and advised the Government but had no authority for direct
action.
Children.--The Government was strongly committed to children's
rights and welfare; it amply funded a system of public education and
medical care. The Government provided free, compulsory education until
age 16 and further free education until age 18 if a student so desires.
While there was no societal pattern of abuse directed against
children, there were indications that child abuse was a problem;
however, there was a lack of reliable data.
Children have been trafficked into the country for sexual
exploitation and forced labor (see Section 6.f.).
Concern and publicity surrounding pedophiles continued to grow. As
part of a government drive to protect children from child abusers,
previously secret registers of pedophiles were available to any
employer who runs an organization where persons under age 18 could be
at risk (schools, children's homes, or voluntary organizations). In
addition, suspected child abusers and convicted pedophiles were banned
from working with children. Childcare organizations must consult a list
before offering anyone a job, paid or otherwise, and it was illegal for
them to hire anyone named on it. On October 2, the Home Office
announced new measures to strengthen the Sex Offenders' Register to
give courts expanded powers to force those convicted of relevant sex
offences outside the UK to register as offenders in Britain. All sex
offenders on the register will be made to attend a police station in
person every 12 months to confirm their whereabouts. The Government's
Task Force on Child Protection on the Internet organized educational
campaigns, developed proposals on stiffer penalties against pedophile
activities, developed models and good practices for protection, and
worked on a G8 strategy to combat the problem.
A March joint report, ``Safeguarding Children,'' headed by the
Chief Inspectors of Social Services concluded that in the vast majority
of cases, government agencies protected children from the risks of
further harm, with good working relationships between agencies at all
levels. However, the report noted concerns that the services were under
pressure for resources and management on some levels and made numerous
recommendations for further safeguards. The NGOs Refugee Council and
Save the Children claimed in an August 2001 report that many social
services agencies provided inadequate care to unaccompanied minors
seeking asylum.
Various laws covering England and Wales stipulate that children
have the right to apply for court orders, to give or withhold consent
for medical treatment (for those capable of making an informed
decision), to make complaints to the relevant local authority, to have
their ethnic, linguistic, and religious background considered in
decisions affecting them, to have reasonable contact with their
families (usually applied in a circumstance where there was abuse), and
in general to be consulted regarding their desires. In order to reduce
the intimidation that young suspects may feel when tried in an adult
court, there is a ban on robes and wigs and uniformed security officers
in any courtroom where defendants under age 18 are tried on serious
criminal charges.
Under the 2000 Prevention of Terrorism Act, the police may arrest
and detain children as young as 10 years of age for up to 7 days,
although no children were detained under the act during the year.
The law bans corporal punishment in state schools as well as
private schools and nursery schools. Child welfare groups have called
for all corporal punishment of children to be outlawed.
Persons with Disabilities.--The Disability Discrimination Act (DDA)
prohibits discrimination against persons with disabilities in the
provision of access to public facilities by employers of more than 15
workers, service providers (apart from those providing education or
running transport vehicles), and anyone selling or renting property. In
addition, all businesses are required to accommodate customers with
disabilities. Adaptations must be ``reasonable,'' bearing in mind the
circumstances and size of the business. The Education Act requires
local education authorities to make provision for the special
educational needs of children with disabilities.
The Government responded to a 2001 disability rights task force
report by announcing new measures to cover nearly 7 million jobs
previously excluded from the DDA, such as police, firefighters, and
prison officers. The Special Educational Needs and Disability Act
enhances civil rights for persons with disabilities in education.
The DRC provided a hotline for persons with disabilities and
employers, legal advice and support for individuals, and policy advice
to the Government. The DRC also has the power to conduct formal
investigations, arrange conciliation, require persons to adopt action
plans to ensure compliance with the law, and apply for injunctions to
prevent acts of unlawful discrimination.
Government regulations require that all new buildings meet the
access requirements of all persons with impaired mobility and that all
taxis be wheelchair accessible; similar regulations were in force for
sensory-impaired persons. Access to many buildings, particularly older
buildings, including transportation centers, remained inadequate. New
measures introduced in March require all businesses to make
``reasonable'' modifications for persons with disabilities by 2004.
National/Racial/Ethnic Minorities.--Despite legal prohibitions
against race discrimination, persons of African and Afro-Caribbean,
South Asian, or Middle Eastern origin, and Travellers--itinerant
populations consisting of Roma, Irish, and other ethnic groups
estimated to number 100,000 persons--faced occasional acts of societal
violence and some discrimination.
Incitement to racial hatred is a criminal offense punishable by a
maximum of 2 years' imprisonment. The Government strictly enforced the
laws and regulations in this area.
On December 25, a group of between 15 to 20 youths attacked, kicked
and punched 3 Asian men in Hounslow. Two men were charged with racially
aggravated assault and violent disorder following an attack on a Muslim
man outside a mosque in Llanelli, Wales on June 2. Four people were
charged with racially aggravated public order offences during a
disturbance in Preston on April 21.
A complaint against the police which arose out of the inquest into
the 1997 death of a young Asian, Ricky Reel, found drowned in the
Thames River in what his family believes was a racial attack, has been
supervised by the Police Complaints Authority and continued at year's
end.
On May 31, the CRE's code of practice placing a statutory duty on
public authorities to promote race equality took effect. On February
15, the Scottish Executive presented to Parliament legislation setting
new racial equality standards in the public sector.
A Home Office 2001 report showed that, in respect to race equality
employment targets, non-prison services and the National Probation
Service had exceeded their targets set for 2009 and that the Prison
Service and the Police had made significant gains as well.
In July the NGO Liberty took the Home Secretary to the High Court
to seek a judicial review on behalf of the European Roma Rights Center
and six anonymous Czech Roma persons who were prescreened at the
airport in Prague by UK immigration officials in July 2001. On October
10, the High Court ruled that their treatment had been lawful.
Travellers (approximately 1.6 percent of the total population) have
experienced marginalization, educational discrimination, and police and
societal harassment greater than that of the settled population,
according to human rights groups. In June the Scottish Parliament
published a report citing evidence of institutional discrimination,
racism, and harassment of Travellers in Scotland. The Race Relations
(Northern Ireland) Order provided specific legal protection to minority
ethnic groups in Northern Ireland, including the Traveller community.
On July 10, the Traveller Law Reform Bill was adopted and read in
Parliament. The Bill is designed to remove discrimination between the
laws that apply to Travelling and non-Travelling people, creates a
Gypsy and Traveller Accommodation Commission and requires local
authorities to facilitate site provision. The Government also
instituted the Gypsy Sites Refurbishment Grant of $10.8 million (7
million pounds) to refurbish the existing network of local authority
Gypsy sites.
The Government-appointed but independent CRE provides guidelines on
anti-discrimination practices, supports persons taking court action,
and may initiate its own court actions. After investigating a
complaint, the CRE may issue a notice requiring that the discrimination
be stopped. The CRE monitors the response to such notices for 5 years.
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right to
organize and protects the rights of union members. Workers have the
right to form and join unions, and workers exercised this right in
practice. Just under 30 percent of the workforce was unionized.
Coverage was most widespread in the public sector, where 60 percent of
workers were organized. In contrast, 19 percent of private sector
workers were unionized. Unionization of the work force is prohibited
only in the armed forces, public sector security services, and police
force. Unions, although often affiliated with political parties, were
free of government control. The Employment Relations Act affords
protection to union organizing efforts and sets minimum employment
standards. Workers are protected by law against dismissal or other
retaliation for campaigning or voting for or against recognition. The
law also prohibits the compilation of lists of union members and labor
activists for use by employers and employment agencies.
Union members are protected by law against ``being subject to any
detriment'' due to union activity or membership, and this was generally
observed in practice. Contract and part-time workers are covered by the
law, closing loopholes that previously allowed some employers to evade
labor regulations.
Unions may join federations and participate freely in international
organizations. The largest federation was the Trades Union Congress.
Former British union leaders frequently occupy leadership positions in
international labor organizations.
b. The Right to Organize and Bargain Collectively.--Collective
bargaining is long standing and covers approximately 30 percent of the
work force. Under the Employment Relations Act, labor-management
contracts are enforceable legally.
Under the Act, unions may file a request for recognition,
identifying the proposed bargaining unit to the Central Arbitration
Committee (CAC), a tripartite group that includes representatives from
government, business, and labor. The Act covers employers with more
than 20 workers and encompasses an estimated two-thirds of all
workplaces. Once the CAC determines the appropriate bargaining unit, it
assesses whether a union is likely to have majority support. If union
members already make up a majority of the bargaining unit, the CAC may
issue a declaration that the union is recognized for collective
bargaining without a ballot. In those instances where the CAC orders a
ballot (typically, when the majority of bargaining unit employees are
not already union members), the employer must cooperate by providing a
list of names and giving the union access to the workplace to campaign.
Unions win recognition when a majority of those voting agree, including
at least 40 percent of those in the bargaining unit.
Although the law encourages voluntary agreements between employers
and unions, the CAC may, if necessary, impose a legally binding
procedure for bargaining about pay, hours, and holidays.
The Employment Relations Act affirms the statutory right to strike.
The law prohibits retaliation by strikers. Dismissed strikers were able
to claim unfair dismissal if fired within 8 weeks of when they first
undertook a legal strike or ``trade dispute.'' The law defines a
``trade dispute'' in great detail; in summary, a strike must be
confined to workers and their own employers (``secondary boycotts'' are
illegal), the dispute must be wholly or mainly about employment-related
matters (e.g., pay and conditions), workers must be properly and
secretly balloted before striking (with notice to the employer), and
mass picketing is prohibited.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Government prohibits
forced or bonded labor, including by children, and there were no
reports that such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Children under age 16 are not permitted to work in an
industrial enterprise except as part of an educational course.
e. Acceptable Conditions of Work.--In the second phase of a 2-year
deal, the adult minimum wage rose from $6.35 to $6.50 (4.20 British
pounds) per hour as of October 1. When introduced in 1999, the new pay
thresholds were expected to benefit some 1.5 million workers directly;
however, according to government figures from the spring, 320,000 jobs
were held by persons age 18 and over that paid less than the national
minimum wage. Government departments have aggressively monitored
employer efforts to bring pay practices into compliance.
The national minimum wage did not provide a decent standard of
living for a worker and family; however, other benefits of the welfare
state filled the gap. Of nearly 28 million workers, approximately 6
million (21 percent) benefit from a social insurance scheme, in
addition to receiving free universal access to the National Health
Service. The working families' tax credit and disabled person's tax
credit were designed to ensure a working family a weekly income of $319
(214 pounds), which constituted a living wage. No family earning less
than $380 (255 pounds) per week is obligated to pay income tax. The
Government also provided a minimum income guarantee for low-income
pensioners, which increased the basic state pension that all retired
employees receive. Effective in April 2001, the Government increased
the threshold of total personal assets to allow more low-income
pensioners to take advantage of this benefit.
Domestic legislation limits the workweek to 48 hours, in compliance
with EU standards. The maximum compensation level for unfair dismissal
claims is $80,000 (50,000 pounds). Parental leave provisions were
available for employees with more than a year's continuous service.
The 1974 Health and Safety at Work Act stipulates that the health
and safety of employees not be placed at risk, and in practice the Act
is updated regularly to reflect new safety issues. The Health and
Safety Executive effectively enforced regulations on these matters and
may initiate criminal proceedings in appropriate cases. Workers'
representatives actively monitored enforcement of the act. Workers may
remove themselves from dangerous work conditions without jeopardy to
their continued employment.
Foreign workers are protected by the same labor laws and have the
same rights as other workers, and foreign workers exercised these
rights in practice. Some unions have outreach and support and
counseling programs specifically targeting foreign workers in the
country who may be at higher risk of exploitation.
f. Trafficking in Persons.--No laws specifically criminalize
trafficking in persons, although a range of laws were used to prosecute
traffickers. The trafficking of persons remained a persistent problem.
The country is a destination for trafficking in women and girls for
prostitution and in men and women for manual labor. While the
Government estimated that 1,400 women and girls were trafficked each
year for prostitution, there was no reliable data on the number of
persons trafficked as laborers.
The Government actively investigated and prosecuted traffickers
under a range of relevant laws, including unlawful imprisonment and
facilitating illegal entry, that provide for penalties of up to 10
years in prison. The police successfully prosecuted traffickers under
laws such as those against procuring and living off of immoral
earnings. For example, numerous traffickers were convicted of the
charge of ``causing prostitution,'' which carries a 2-year prison
sentence.
All intelligence and law enforcement agencies participated in
Project Flex, a formal inter-agency mechanism charged with combating
trafficking. The Government participated in multinational working
groups on the prevention of trafficking. The Metropolitan Police have a
special unit of 14 officers to investigate sexual exploitation and
trafficking. The Government sponsored education campaigns overseas,
particularly in Central Europe and Southeast Asia, to discourage
trafficking. The Foreign Office has posted immigration officials at
overseas points of transit for traffickers to identify trafficking
cases before they reach the United Kingdom.
Female trafficking victims were mainly from the Balkans and other
Central European countries. Women and girls were also trafficked from
South America, West Africa (particularly Nigeria), and Southeast Asia
(Thailand and Vietnam).
According to the National Criminal Intelligence Service, trafficked
laborers came from countries including India, Pakistan, Bangladesh, Sri
Lanka, the former Yugoslavia, Romania, China, Congo, Angola, Colombia,
and Ecuador. Laborers were trafficked actively by China-based criminal
gangs, ``snakeheads,'' and also by deception. In general migrants paid
high fees to enter the country; however, those who could not pay were
forced into servitude, often in London sweatshops run by the gangs.
Some also worked in agriculture. Many victims were unwilling to come
forward, due to fears of retribution from traffickers, fear of being
deported or abused by authorities, or because they could not speak
English well enough.
Most female victims were lured into the country by deception. The
victims often agreed to pay off the balance by working in the sex
industry; however, upon arriving, they were required to perform sexual
services they had not agreed to, their documents were confiscated, they
were forced to work a longer time than anticipated, and they were
deceived into not seeking help. In addition, there was evidence that a
small number of victims were forcibly abducted and brought into the
country against their will.
The Government did not deport victims of trafficking; the police
and the IND cooperated on assisting trafficking victims and provided
temporary residency status to victims. In addition, both agencies
provided legal, medical, and psychological services. Victims were not
prosecuted for other crimes.
The Government worked closely with and provided funding for NGOs
and other relevant organizations that fight trafficking. The Child and
Woman Abuse Studies Unit at the University of North London has headed
efforts to intensify public discussion on prostitution and trafficking.
The NGO Kayalaan was effective in assisting trafficking victims.
Another NGO, Change, worked on a project to map out government
organizations and NGOs that combat trafficking in women globally. A
third NGO, Womankind Worldwide, worked with overseas partners on
trafficking.
__________
UZBEKISTAN
Uzbekistan is an authoritarian state with limited civil rights. The
Constitution provides for a presidential system with separation of
powers between the executive, legislative, and judicial branches;
however, in practice President Islam Karimov and the centralized
executive branch that serves him dominate political life and exercise
nearly complete control over the other branches. Following a January
referendum judged to be neither free nor fair, the President's term in
office was extended by 2 years. Previous elections were neither free
nor fair. The Oliy Majlis (Parliament) consists almost entirely of
officials appointed by the President and members of parties that
support him. Despite constitutional provisions for an independent
judiciary, the executive branch heavily influenced the courts in both
civil and criminal cases.
The Ministry of Interior (MVD) controls the police and is
responsible for most routine police functions. The National Security
Service (NSS)--the former KGB--deals with a broad range of national
security questions, including corruption, organized crime, and
narcotics. There was effective civilian control over the military. The
police and the NSS committed numerous serious human rights abuses;
however, for the first time some officers from these organizations were
held accountable and sent to prison for their actions during the year.
The economy was based primarily on agriculture and agricultural
processing. The country had a population of approximately 24,756,000.
It is a major producer and exporter of cotton, as well as a major
producer of gold, and has substantial deposits of copper, strategic
minerals, gas, and oil. Progress towards economic reform was mixed,
including implementation of commitments to transition to a free market
that the Government made during the year under the Staff Monitored
Program with the International Monetary Fund. Restrictions remained on
currency convertibility and economic activity, while unemployment was
high and growing.
The Government's human rights record remained very poor; although
there were some notable improvements, it continued to commit numerous
serious abuses. Citizens could not exercise the right to change their
government peacefully. The Government permitted the existence of
opposition political parties but harassed their members and refused
either to register the parties or to allow them to participate in
elections. Security force mistreatment resulted in the deaths of
several citizens in custody. Police and NSS forces tortured, beat, and
harassed persons. The Government invited the U.N. Special Rapporteur on
Torture to visit the country, which he did in November. Prison
conditions were poor, and pretrial detention often lasted several
months. Police routinely and arbitrarily detained citizens to extort
bribes. Police and NSS arbitrarily arrested persons, particularly
Muslims suspected of extremist sympathies. They also planted evidence
on persons; however, it was less common than in previous years. The
number of persons in prison for political or religious reasons,
primarily individuals the Government believed were associated with
extremist Islamic political groups but also members of the secular
opposition and human rights activists, was approximately 6,500. The
judiciary did not ensure due process. Police and NSS forces infringed
on citizens' privacy. Those responsible for documented abuses rarely
were punished; however, for the first time since independence the
Government convicted nine officers of the NSS and police for serious
human rights abuses.
The Government severely restricted freedom of speech and the press,
and an atmosphere of repression stifled public criticism of the
Government. In May press censorship was eliminated; however, the
Government warned editors that they were responsible for the content of
their publications, and new amendments to the media law in effect
encouraged self-censorship. The Government continued to ban
unauthorized public meetings and demonstrations, and police forcibly
disrupted a number of peaceful protests. The Government prevented many
more protests, citing the threat of unrest. Ordinary citizens remained
circumspect in criticizing the Government publicly. The Government
continued to deny registration to opposition political parties;
however, for the first time in several years the Government allowed an
opposition political party to hold congresses. For the first time, the
Government registered an independent domestic human rights
organization; however, it denied the applications of two other human
rights organizations. The Government restricted freedom of religion and
harassed and arrested hundreds of Muslims it suspected of extremism.
The Government tolerated the existence of minority religions but placed
limits on their activities. The Government restricted freedom of
movement. Internal passports were required for movement within the
country and permission was required to move from one city or district
to another. Exit visas were required to travel abroad. The Government
harassed and abused members of domestic human rights groups. Several
human rights activists were arrested in circumstances that suggested
selective enforcement of the law and targeting of human rights
activists.
The Office of the Human Rights Ombudsman assisted hundreds of
citizens seeking redress against unjust court decisions, non-receipt of
salaries, and cases of official abuse of power. Violence against women,
including domestic violence, was a problem, and there continued to be
significant traditional, societal discrimination against women.
Workplace discrimination against some minorities persisted. There were
some limits on workers' rights. Some children, particularly in rural
areas, were forced to work during the harvest season. Trafficking in
women and children to other countries for prostitution was a problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports of political killings; however, in July two inmates,
Mirzakomil Avazov and Khusnuddin Olimov, incarcerated for membership in
an extremist Islamic political party, were apparently tortured to death
in Jaslyk prison. Officials insisted that the deaths were the result of
an altercation between prisoners; however, there were reports that
Avazov and Olimov were tortured by other prisoners at the orders of
prison authorities. In October, in another case with possible (though
unconfirmed) links to a banned extremist Islamic political party, Hizb
ut-Tahrir, Izatulla Muminov died in his cell in Tashkent's Sobir
Rahimov police station after apparent police torture. Human rights
observers believed that dozens of prisoners died as a result of poor
prison conditions aggravated by severe mistreatment. In some cases, law
enforcement officials warned families not to talk about their
relatives' deaths, which were often attributed by government officials
to purely natural causes. Seven police and NSS officers were sentenced
in January and June, respectively, to jail terms of up to 20 years for
their roles in 2 deaths that occurred in late 2001. (see Section 1.c.).
On August 7, the bodies of Mirzakomil Avazov and Khusnuddin Olimov
were returned to their families (see Section 1.c.). The two died
violently in custody while incarcerated at a prison near Jaslyk in
Karakalpakstan, where severe heat aggravates endemic health problems
among prisoners. Human rights activists claimed that despite improved
physical conditions and a temporary decline during the year in the use
of torture and beatings by Jaslyk authorities, abusive practices
reemerged during the summer. Many of the inmates of this facility,
which opened in 1999, were convicted for religious extremism (see
Section 2.c.).
On October 9, Izatulla Muminov died in police custody after being
arrested on a robbery charge. Upon returning the body, police officers
told the family that Muminov had hung himself in detention; however,
family members claimed that there was heavy bruising throughout his
body. Authorities opened an investigation into the case and concluded
that the police had committed no infraction of their duties.
On November 10, NSS officers in Surkhandarya province tortured
Musurmon Kulmurodov to death (see Section 1.c.). He had been stopped at
a traffic checkpoint and transferred to NSS custody on suspicion of
narcotics trafficking. At year's end, authorities had failed to hold
any of the officers criminally liable.
The country's regulations require that every death in custody be
investigated by a medical examiner. Examiners' reports routinely
misstated the cause of death or covered up abuses. In no case in which
a death in custody appeared to be due in whole or in part to torture or
other mistreatment was the death attributed to such causes. Medical
reports attributed the deaths to purely natural causes, injuries
incurred while police were engaged in self-defense, and altercations
between prisoners.
On January 16, four police officers were convicted to terms of
twenty years each for their roles in the beating death of Ravshon
Haitov. In October 2001, Tashkent police arrested Ravshon and his
brother Rasul on suspicion of Hizb ut-Tahrir membership. The next day
police returned the body of Ravshon to his family. Although the body
showed clear signs of torture, authorities informed the family that he
had died of a heart attack. Rasul was beaten severely and spent several
months convalescing. The 4 police officers--2 majors, a captain, and a
lieutenant--were indicted within 1 day of the incident.
There were no developments in case involving the death of Emin
Usman, a prominent ethnic Uighur writer arrested in February 2001 and
charged with membership in Hizb ut-Tahrir. Family members reported that
the body bore signs of beating. Authorities claimed that he had
committed suicide.
There were no developments concerning the death of Shovruk
Ruzimuradov, a human rights activist and former Member of Parliament
who was arrested in June 2001 and accused of illegal possession of
weapons, narcotics and banned Hizb ut-Tahrir literature. Despite
authorities' claims that Ruzimuradov committed suicide, family members
said that his body bore clear signs of torture and beating. Authorities
claimed that Ruzimuradov had committed suicide. Sanctions were ordered
against four officers, including the dismissal of one officer, for
mishandling his detention. Ruzimuradov's family reported that 13 other
residents of the rural village were rounded up in the aftermath of his
arrest. All were accused of membership in Hizb ut-Tahrir.
There were no investigations into nor action taken in the following
cases of deaths in custody during the year 2000, all of which were
allegedly the result of torture or other mistreatment: Hazratkul
Kudirov, Amanullah Nosirov, Shukhrat Parpiev, Rulam Norbaev, and Nagmut
Karimov.
During and after the armed incursions of August and September 2000,
military forces laid landmines on the border with Tajikistan and
Kyrgyzstan. The Ministry of Defense asserted that all minefields were
marked clearly and that it had informed the Tajik and Kyrgyz
governments of their locations. There were at least five cases during
the year of landmine explosions involving civilians. The number killed
and injured was unknown.
During the year, border patrols shot five Kyrgyz civilians, killing
one person and injuring four, in incidents near nondemarcated border
areas in the Kyrgyz Republic. The Government of Uzbekistan investigated
several of the incidents and determined that its troops were acting
legitimately against persons attempting to illegally cross the border.
No further information was available at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
By year's end, it remained unclear whether Bakhodir Khasanov, an
instructor at the Alliance Francaise who has been missing since 2000,
was ever formally charged or sentenced. Security forces have never
acknowledged having Khasanov in their custody (see Section 2.c.).
Imam Abidkhon Nazarov, widely believed to be missing since March
1998, reportedly fled the country to avoid arrest and was not abducted
by security forces. Sources close to the family said that Nazarov's
family confirmed that he was abroad.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits these practices, both police
and the NSS routinely tortured, beat, and otherwise mistreated
detainees to obtain confessions or incriminating information. Police
and the NSS allegedly used suffocation, electric shock, rape, and other
sexual abuse; however, beating was the most commonly reported method of
torture. Human rights observers reported that the use of torture abated
in some prisons following the January conviction of four policemen.
Torture nonetheless continued in prisons, pretrial facilities, and
local police and security service precincts; and the severity of
torture did not decrease during the year. At the end of his visit in
December, the U.N. Special Rapporteur on Torture concluded that the use
of torture in the country was systemic.
On January 16, a court convicted four police officers in the
October 2001 murder of suspected Hizb ut-Tahrir member Ravshon Haitov
(see Section 1.a.).
On June 8, the Central Military Court in Tashkent convicted three
NSS officers in the October 2001 murder of suspected Hizb ut-Tahrir
member Alimohammad Mamadaliyev. The chief of the Margilon office and
another officer received 15 years' imprisonment, while a third officer
received 4 years. The Fergana Regional Prosecutor reported to the press
that he was investigating two similar killings that occurred in
Margilon in July and November of 2001. No further information was
available at year's end.
On August 7, authorities returned the bodies of two men, Mirzakomil
Avazov and Khusnuddin Olimov, to their families. Both men, members of
Hizb ut-Tahrir held in Jaslyk prison, were badly beaten and had burns
attributable to scalding water over significant portions of their
bodies (see Section 1.a.). Authorities did not issue a public
explanation of the incident by year's end. Police insisted that the men
died in an altercation with two other inmates and that in the course of
the fight hot water from a tea caldron was spilled on them.
On August 7, police in Fergana detained 24-year-old Atabek Shakirov
on suspicion of murder, initially denying him access to his lawyer and
family. Police tortured him, causing kidney damage. He was eventually
transferred to a hospital for treatment. The Fergana regional
prosecutor said that he opened an investigation into the matter. No
further information was available at year's end.
On August 27, human rights activists Elena Urlaeva and Larissa
Vdovina were detained at a demonstration and placed in a psychiatric
facility, where Urlaeva was subjected to involuntary psychiatric
treatment and Vdovina was reportedly also subjected to involuntary
treatment (see Section 1.d.). Urlaeva was released on December 30, but
Vdovina remained in custody at year's end. Urlaeva, who admitted to
perpetrating an anthrax hoax at the parliament building in November
2001, has fought a legal battle against forced psychiatric treatment
since police detained her in April 2001 after she began to organize and
participate in public demonstrations. She won several appeals against a
court ruling ordering involuntary treatment for schizophrenia; however,
each successful appeal was overturned. Her most recent appeal remained
pending at year's end.
On November 10, three intoxicated NSS officers in Surkhandarya
province tortured Musurmon Kulmurodov to death with pliers, a
screwdriver, and a metal baton in front of his mother, wife, and their
two children (see Section 1.a.). He and his family had been stopped at
a traffic checkpoint and transferred to NSS custody on suspicion of
narcotics trafficking. At year's end, authorities had failed to hold
any of the officers criminally liable.
Yusup Jumaev, a poet and opposition political party member,
continued to report being harassed by local authorities. In March his
son was attacked by strangers whom the Jumaev family believed were
working on orders from local authorities. Jumaev was arrested by the
NSS in October 2001 and convicted of anti-constitutional activities in
December 2001 and released on probation.
Prisoners suspected of extremist Islamic political sympathies
reportedly were routinely beaten and treated more harshly than
criminals, regardless of whether investigators were seeking a
confession (see Section 2.c.). Credible sources reported that Imam
Abdulvakhid Yuldashev, convicted in April 2001 on suspicion of Islamic
extremism, was beaten regularly in prison. In December 2001, his lawyer
visited him in jail and reported that the soles of his feet were
flayed, apparently from beatings. There were reports that on several
occasions police beat members of Jehovah's Witnesses (see Section
2.c.).
On September 4, police in Khorezm arrested Ilkhom Salayev and his
wife Khovajon Bekjanova in connection with a civil complaint. Bekjanova
is a relative of Erk opposition leader Mohammed Solikh. Bekjanova was
reportedly raped and beaten in front of her husband, who committed
suicide after returning home.
Police forcibly disrupted some protests by women demanding the
release of male relatives jailed on suspicion of Islamic extremism and
in some cases injured some of the protesters (see Section 2.b.).
Writer and Erk opposition political party activist Mamadali
Makhmudov, who reported being tortured in 2000, remained in prison and
was reported to be in poor health.
Defendants in trials often claimed that their confessions on which
the prosecution based its cases were extracted by torture (see Section
1.e.). Imam Abdulvakhid Yuldashev, convicted in April 2001 of
organizing an underground Islamic movement, stated in court that
investigators had beaten him and burned his genitals in order to
extract a confession during detention.
Prison conditions were poor and worse for male than for female
prisoners. Prison overcrowding was a problem, with some facilities
holding 10 to 15 persons in cells designed for 4. The overcrowding may
have been one of the reasons for the large-scale amnesty in 2001, but
the problem remained severe. Tuberculosis and hepatitis were epidemic
in the prisons, making even short periods of incarceration potentially
deadly. Reportedly there were shortages of food and medicines, and
prisoners often relied on visits by relatives to obtain both. During
the year, the Organization for Security and Cooperation in Europe's
Office for Democratic Institutions and Human Rights (OSCE/ODIHR)
extended to the country a prison reform program at the request of the
Ministry of Interior.
Men and women were held in separate facilities. Juveniles were held
separately from adults. Pretrial detainees were held separately from
those convicted of crimes.
The Government also operated labor camps, where conditions of
incarceration were reported to be less severe than in prisons. There
were six types of prison and camp facilities, including pretrial
detention facilities for adults.
In 2001 authorities granted amnesty to 860 individuals convicted
under Article 159 (anti-constitutional activities). This was part of a
broader amnesty of approximately 28,000 prisoners, most of them
ordinary criminals. Prisoners reportedly were forced to sign a
confession to be released under the amnesty. It is impossible to know
how many of the 4,400 to 4,900 individuals arrested for suspected
religious extremism but convicted under other charges also received
amnesty. Human rights monitors did not gather statistics on such
individuals, and the Government released no statistics on the matter.
On December 8, authorities announced another, similar amnesty. By
year's end, the release of prisoners had begun, but full figures were
not yet known.
In January 2001, the Government signed and implemented an agreement
allowing the International Committee of the Red Cross (ICRC) access to
all prisoners, including those awaiting trial. The ICRC suspended
visits in May 2001, complaining that access was not being granted to
pretrial detention facilities. The ICRC resumed visits in March and
reported that access to pretrial detention was no longer a problem.
However, other problems remained, including the ICRC's concern that it
was not being allowed unfettered access to prisoners. In April the ICRC
suspended a visit. It resumed visits in September.
d. Arbitrary Arrest, Detention, or Exile.--Security forces
continued to arrest and detain individuals arbitrarily, without
warrants or just cause. The law provides that police may hold a person
suspected of committing a crime for up to 3 days. At the end of this
period, the person must be officially declared a suspect and charged
with a crime, or he must be released. A person officially declared a
suspect may be held for an additional 3 days before charges are filed.
The maximum time an individual may be held is 6 days prior to charges
being filed. Police may only formally arrest an individual when charges
are filed, and arrest can only be made with a prosecutor's order.
Detention includes everything from random motor vehicle stops to being
held during a criminal investigation. A court date must be set within
15 days of arrest (or filing of charges), and the defendant may be held
in custody during this period. Once the trial date is set, detainees
deemed not to be violent may be released on their own recognizance,
pending trial. No money need be posted as bond, but in such cases the
accused usually must sign a pledge not to leave the city. In practice
these legal protections frequently were ignored.
Approximately 6,800 to 7,300 persons were arrested between 1999 and
2001 on suspicion of Islamic extremism or terrorism. Of that number, no
more than 2,600 were charged with crimes related to the actual reason
of arrest. Common charges included narcotics and weapons possession.
Another 200 individuals arrested for political opposition received
similar treatment. During the year, as many as 600 persons may have
been arrested on suspicion of Islamic extremism. Unlike in past years,
there were few reports of police planting evidence on such individuals,
and most were charged with the actual crime for which they were
arrested including anti-constitutional activity.
During the year, pretrial detention for individuals suspected of
Islamic extremism varied between 3 and 10 months. While previously
pretrial detention was known to last as long as 2 years, by year's end
the Government had eliminated most of its backlog of such cases and
suspects were going to trial within three months in almost every case.
The number of such prisoners in pretrial detention was unknown;
however, it was estimated to be less than 300. There are no regulations
concerning the length of time witnesses may be detained, which in the
past police used to avoid the 6-day limitation, claiming that suspects
were being held only as potential witnesses. A defendant has a right to
counsel from the moment of arrest, but in practice access to counsel
was very often denied.
The police frequently sought to avoid legal constraints on the
length of time suspects were held. On August 7, Fergana police detained
Atabek Shakirov and held him for more than a week, without charges or
access to family or counsel, claiming that he was a potential suspect,
rather than an actual suspect, and that the 6-day limitation was
therefore inapplicable (see Section 1.c.).
In ordinary criminal cases, police generally identified and then
arrested those reasonably suspected of the crime; however, both the
police and the NSS were far less discriminating in cases involving
perceived risks to national security. Many individuals were detained,
some more than once, for questioning. Authorities continued to arrest
many individuals associated with Islamic groups that were not approved
by the Government. In general these individuals were believed by the
Government to have been associated with Hizb ut-Tahrir, although often
the individuals had merely attended Koranic study sessions with the
group. Since such sessions are an integral part of Hizb ut-Tahrir's
recruitment mechanism, authorities made little distinction between
actual members and those with marginal affiliation. Several young men
testified at their trials that they attended the sessions only because
they wanted to learn about Islam. Officially approved mosques were
incapable of meeting the demand for Koranic instruction, and there were
few other officially approved forums for such instruction.
It has been common government practice to arrest, detain, and
mistreat both immediate and extended family members of those the
Government sought to arrest (see Section 1.f.). Rahima Akhmadalieva,
the wife of independent Imam Ruhiddin Fahruddinov, remained in prison
at year's end. Fahruddinov was wanted by the Government on suspicion of
extremism. Akhmadalieva was arrested and convicted in 2001 without
credible evidence, and her daughter was allegedly mistreated. During
the year, no such arrests were reported; however, many family members
of individuals the Government sought to arrest remained in jail (see
Section 1.f.).
Police in the past routinely planted narcotics, weapons,
ammunition, or Islamic literature on citizens either to justify arrest
or to extort bribes; however, the number of reported cases of planting
evidence decreased during the year. In February in the first such case
reported to human rights activists, a police officer in Andijan was
convicted for planting evidence on a suspected member of Hizb ut-
Tahrir.
Authorities continued to arrest and detain human rights activists
arbitrarily. On May 24, authorities in Karshi arrested Yuldash Rasulov,
a member of the Human Rights Society of Uzbekistan (HRSU). He was
charged with acting as a recruiter for the Islamic Movement of
Uzbekistan (IMU), a terrorist organization, as well as with seeking the
overthrow of the Government, and with possession and distribution of
extremist literature. He was convicted on September 17 of the latter
two charges and sentenced to 7 years' imprisonment. In an apparent
attempt to placate international observers, who had pointed to the
scarcity of evidence supporting any of the charges, the Government
dropped the charge of recruiting for the IMU (see Section 1.c.).
On September 4, HRSU activist Tursunbay Utamuratov was arrested in
the Karakalpakstan region of Mangit. Utamuratov, who was a trader in
the local bazaar, was charged with economic crimes, including tax
evasion. He was not released on bail. On November 30, he was sentenced
to the maximum sentence of 9 years' imprisonment for tax evasion,
assault, resisting arrest, and forgery. The judge threw out one charge
of fraud. Observers noted that this was at best a case of selective
prosecution since most bazaar traders in the country committed the
crimes with which Utamuratov was charged, but few were tried and even
fewer were held in detention prior to their trial.
On August 27, the Government committed human rights activists Elena
Urlaeva and Larissa Vdovina to involuntary psychiatric treatment that
reportedly began in September (see Section 1.c.). Urlaeva was released
on December 30.
On September 4, Jakhongir Shosalimov, a trader and member of the
Independent Human Rights Organization of Uzbekistan (IHROU), was
arrested in Tashkent. He was arrested for inciting public unrest and
disobeying police orders, and he was sentenced to 15 days
administrative confinement on September 5. Accounts from witnesses were
conflicting, but it appeared that Shosalimov gave an interview to
journalists at the site of unrest that occurred that day at the bazaar.
Minutes after the interview, the unrest ended and police arrested
Shosalimov. Approximately 5 other individuals were arrested, 2 of whom
also received 15-day sentences.
On September 17, Jora Murodov, Musulmonqul Hamroyev, and Norpolat
Rajabov, 3 Kashkadarya province human rights activists, were sentenced
to between 5 and 6 years for their roles in the ransacking of a
collective farm manager's house. The three were involved in organizing
protests against the manager's corruption. Other activists confirmed
that at least one of the individuals participated in the vandalism.
They later said that the wife of one of the arrested activists
participated but that none of the activists actually participated.
Police in the past arbitrarily arrested and detained members of
political opposition groups. There were no reports of similar arrests
or detentions during the year. The opposition party Birlik was allowed
to hold seven regional congresses, the first such gatherings since
1991.
Following fighting with the IMU in 2000, the Government forcibly
resettled 5 villages in the Surkhandarya and tried and convicted 73
villagers for crimes against the Constitution and aiding terrorists.
The villagers were not released by year's end.
Police arrested and detained some peaceful protestors during the
year (see Section 2.b.).
Imam Khadji Khudjaev, who was arrested in August 2000 by Russian
police for involvement in the February 1999 Tashkent bombings and
extradited to the country in November 2000, remained in jail at year's
end.
Bakhodir Khasanov, an instructor at the Alliance Francaise whose
brother was convicted of Islamic extremism, was believed to have been
detained in July 2000. The Government has not acknowledged that he was
being held, and observers were uncertain as to his fate.
By the second half of the year the Government generally brought
political detainees to trial within 3 months of their arrest. Because
the press was unable or unwilling to cover the issue for fear of
reprisals and there was no public record of arrests (see Section 2.a.),
it was not possible to determine the exact number of political or other
detainees awaiting trial. At year's end, political detainees awaiting
trial were estimated to number between 100 and 300. Almost all were
suspected of membership in extremist Islamic organizations such as Hizb
ut-Tahrir. Despite some problems, the ICRC continued to visit prisons
during the year and continued to work with the Government toward a
fully functioning prison visit program (see Section 1.c.).
Neither the Constitution nor the law explicitly prohibits forced
exile; however, the Government did not employ it. Government harassment
of the Birlik and Erk opposition political parties drove the leaders of
these organizations, including Mohammed Solikh of Erk and Abdurakhim
Polat of Birlik, into voluntary exile in the early 1990s (see Section
3). The chairman of the HRSU, Abdumannob Polat, also lived in voluntary
exile (see Section 4). In August Pulat Akhunov, the deputy chairman of
Birlik and a naturalized Swedish citizen, received a visa to return to
the country for an extended visit, which he did the same month.
However, the Government still did not issue a visa to Abdumannob Polat,
a non-Uzbek citizen.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the judicial branch takes its direction
from the executive branch and had little independence in practice.
Under the Constitution, the President appoints all judges for 5-year
terms and has the power to remove judges. Removal of Supreme Court
judges must be confirmed by Parliament. Judges may be removed for
crimes or failure to fulfill their obligations.
Courts of general jurisdiction are divided into three tiers:
District courts, regional courts, and the Supreme Court. In addition, a
Constitutional Court is charged with reviewing laws, decrees, and
judicial decisions to ensure their compliance with the Constitution.
Military courts handle all civil and criminal matters that occur within
the military. There is a system of economic courts at the regional
level that handles economic cases between legal entities.
Decisions of district and regional courts of general jurisdiction
may be appealed to the next level within 10 days of ruling. Crimes
punishable by death are murder, espionage and treason. Officially most
court cases are open to the public but may be closed in exceptional
cases, such as those involving state secrets, rape, or young
defendants. Unlike in past years, when trials of alleged Islamic
extremists were often closed, local and international trial monitors
and journalists were generally permitted to observe court proceedings
during the year.
State prosecutors play a decisive role in the criminal justice
system. They order arrests, direct investigations, prepare criminal
cases, and recommend sentences. If a judge's sentence does not agree
with the prosecutor's recommendation, the prosecutor has a right to
appeal the sentence to a higher court. There is no protection against
double jeopardy.
In the past, judges whose decisions were overturned on more than
one occasion could be removed from office. In 2001 Parliament repealed
this provision of the law, but other institutional controls remained in
place, such as the executive's authority to decide which judges to
reappoint. Consequently, judges in most cases continued to defer to the
recommendations of prosecutors. As a result, defendants almost always
were found guilty. Senior officials acknowledged the overwhelming power
of the prosecutors, and efforts to strengthen the independence of the
judiciary continued after legislative reforms were enacted in 2000 and
2001.
Three-judge panels generally preside over trials. The panels
consist of one professional judge and two lay assessors who serve 5-
year terms and are selected by either workers' collectives' committees
or neighborhood (mahalla) committees. The lay judges rarely speak, and
the professional judge often defers to the recommendations of the
prosecutor on legal and other matters.
Defendants have the right to attend the proceedings, confront
witnesses, and present evidence. The accused has the right to hire an
attorney, and the Government provides legal counsel without charge when
necessary. Nonetheless, the right to an attorney in the pretrial stage
was often violated, and judges in some cases denied defendants the
right to their attorney of choice. Defense counsel was often
incompetent, and effective cross-examination of even the most fatally
flawed prosecution witnesses rarely occurred. Prosecutors normally only
attended those sessions of the court in which they were scheduled to
speak. Court reporters tended to take poor notes and very often put
down their pens when the defense was speaking. Some courts reportedly
refused to allow defense counsel access to trial transcripts on appeal.
The Government announced trials, including those of alleged
religious extremists, only at the court in which the trial was to take
place and only a day or two before the trial began. International
observers generally were allowed to attend trials. During the year,
there was only one report of a closed trial--that of three NSS officers
who were accused of murdering a suspected Islamic extremist (see
Section 2.c.). Observers other than families of the victim and the
defendants were not allowed to attend.
Defendants often claimed that the confessions on which the
prosecution based its cases were extracted by torture (see Section
1.c.). Judges ignored these claims. In other cases, particularly those
of suspected members of Hizb ut-Tahrir, the prosecution failed to
produce confessions and relied solely on witness testimony. The accused
were almost always convicted. Typical sentences for male members of
Hizb ut-Tahrir ranged from 7 to 12 years' imprisonment.
Lawyers may, and occasionally did, call on judges to reject
confessions and to investigate claims of torture. In an April trial of
13 Kokand men accused of membership in Hizb ut-Tahrir and one man
accused of being an IMU recruiter, defendants alleged that their
confessions were extracted by torture. The judge in the case said that
he would investigate allegations of torture and that those guilty would
be punished if the allegations were found to be true. However, local
activists said that they did not know of any follow-up action taken by
the judge by year's end.
During the year, five police and three NSS officers were prosecuted
and convicted for beating and torturing suspects (see Section 1.c.).
Prosecutors in 1999, 2000, and 2001 brought charges against at
least 155 persons in connection with 1999 terrorist bombings in
Tashkent. All of those tried were convicted, and 20 were executed.
Several individuals were tried and convicted in absentia, including the
leader of a banned opposition political party. During 1999 and 2000,
many other individuals were convicted of terrorism. Authorities alleged
that most had ties with the IMU, which had been implicated in the 1999
bombings. Recurrent allegations that investigators employed torture, as
well as a general lack of transparency in court proceedings, led many
international observers to claim that the Government had failed to
prove the defendants' guilt.
During the year, several individuals were tried on charges of
recruiting for the IMU. In no case of alleged IMU recruitment did the
prosecution present evidence that international observers considered
sufficient to justify conviction. In two cases, an acquaintance or
family member privately presented information to foreign contacts that
appeared to confirm the charges or evidence presented by the
prosecutor; however, in both cases the Government failed to present its
evidence in a manner deemed by international observers to be consistent
with international standards for a fair legal process.
The Constitution provides a right of appeal to those convicted;
however, appeals rarely, if ever, resulted in convictions being
overturned in politically sensitive cases, such as those involving
individuals accused of membership in Hizb ut-Tahrir. In August an
appeal was heard in Fergana for 13 individuals convicted in April of
anti-constitutional activity (membership in Hizb ut-Tahrir). Lawyers
for the men reported that the court refused to provide them a copy of
the trial transcript. The court affirmed the sentence. Even when
defendants win an appeal, no protection exists against double jeopardy.
On December 19, the Ministry of Justice cancelled The Third
National Congress of the Uzbek Association of Advocates scheduled for
December 21, after interfering in its planning and organization. The
Congress had been seen as a promising sign of judicial reform.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution provides for the inviolability of the
person and that persons may be taken into custody only on lawful
grounds, and it prohibits unlawful searches; however, authorities
infringed on these rights. The law requires the issuance of a search
warrant for electronic surveillance by the relevant Procurator;
however, there is no provision for a judicial review of such warrants.
Security agencies routinely monitored telephone calls and employed
surveillance and wiretaps in the cases of persons involved in
opposition political activities (see Sections 1.d. and 4). The son of
missing Andijon Imam Abdu Kori Mirzaev reported that his telephone
calls were monitored, that his neighbors reported his movements to the
NSS, and that the NSS occasionally questioned him. He reported that his
telephone line, which had been cut in 2001, was restored during the
year (see Section 1.b.).
The Law on Freedom of Conscience and Religious Organizations and
other legislation prohibit the private teaching of religion and forbids
the wearing of religious clothes.
Unlike in past years, there were no reports that police arrested,
detained, and beat family members of suspects whom they were seeking
(see Sections 1.c, 1.d., and 2.c.).
Unlike in previous years, there were no reports of authorities
forcing relatives of alleged religious extremists to undergo public
humiliation at neighborhood assemblies organized for that purpose.
The Government interfered with correspondence. In July 2001, Nosir
Zakhir reported that he received an invitation, which was mailed in May
and delivered opened, from a foreign embassy to attend an event.
Zakhir, who was a Radio Liberty reporter and a member of both the
Birlik opposition party and the HRSU, reported that this sort of
interference was common. There were no reports of similar incidents
during the year.
There was one reported case of authorities arresting relatives of
an opposition political party member. On September 4, police in Khorezm
arrested Ilkhom Salayev and his wife Khovajon Bekjanova, a relative of
Erk opposition leader Mohammed Solikh (see Section 1.c.).
The Government used the mahalla (neighborhood) committees as a
source of information on potential extremists. Uzbek neighborhoods are
tightly knit communities, where residents have few secrets. Shortly
after the February 1999 Tashkent bombings, the President directed that
each committee assign a ``defender of the people,'' whose job it was to
ensure that young persons in the neighborhoods were not joining
potentially extremist Islamic groups. The committees identified for
police those residents who appeared suspicious. Observers noted that
the same individuals were often arrested or detained repeatedly.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The Constitution provides for
freedom of thought, speech, and convictions; however, in practice, the
Government continued to restrict these rights severely. In May the
Government ended the formal requirement of press censorship. However,
in August Parliament passed five new amendments to the press law,
holding editors and journalists responsible for the content of articles
they write and publish and establishing the right of the boards of
directors of newspapers to affect editorial content. Under pre-existing
law, the composition of the boards is, at the time a newspaper is
established, effectively subjected to government veto. The net effect
of the changes was an abolition of prior censorship, tempered by new
possibilities for both hostile board interference and legalized
retribution against media outlets and their employees. Ordinary
citizens remained afraid to express views critical of the President and
the Government in public. Self-censorship still occurred.
The law limits the ability to criticize the President. Ordinary
citizens generally would not criticize the President or the Government
on television or in the newspapers, although they began to do so more
freely in less public settings.
The Mass Media law, which applies to all news media, formally
provides for freedom of expression, protects the rights of journalists,
and reiterates the constitutional ban on censorship. According to the
law, journalists are responsible for the accuracy of the information
contained in their news stories, which potentially subjects them to
prosecution. The law prohibits stories that incite religious
confrontation and ethnic discord or advocate subverting or overthrowing
the constitutional order (see Section 2.b.).
Information remained very tightly controlled. The Uzbekistan
Information Agency cooperated closely with the presidential staff to
prepare and distribute all officially sanctioned news and information.
All seven national daily newspapers were owned or controlled by
government entities, and their headquarters were jointly located in the
same building. Their combined readership in 1999, the most recent year
for which reliable statistics were available, was 81,000, a decrease
from 544,000 just after independence. Newspapers, which cost between 5
and 15 cents (50-150 soum), were too expensive for most citizens.
Private persons and journalist collectives may not establish
newspapers unless they meet the media law's standards for establishment
of a ``mass media organ,'' including founders acceptable to the
Government. A handful of private newspapers containing advertising,
horoscopes, and similar features, but no news or editorial content,
were allowed to operate. There were several independent national
newspapers, including Novosti Nedelya, Vremya I Mi, and Hurriyat. The
last opposition newspaper to be published was from the Erk party; it
has been banned in the country since 1993 but was published abroad and
occasionally smuggled in.
Four state-run channels that fully supported the Government and its
policies dominated television broadcasting. A cable television joint
venture between the state broadcasting company and a foreign company
broadcast the Hong Kong-based Star television channels, including the
British Broadcasting Company (BBC), Deutsche Welle, and Cable News
Network World News, to Tashkent and a few other locations. Access to
cable television was beyond the financial means of most citizens. There
were between 30 and 40 privately owned local television stations and 7
privately owned radio stations. In general broadcasters practiced self-
censorship but enjoyed some ability to report critically on local
government. For the most part, television programming consisted of re-
broadcasting Russian programming.
The Mass Media law established the Interagency Coordination
Committee (MKK), which issues both broadcast and mass media licenses to
approved media outlets. In October 2000, a new law extended the term of
validity of the broadcast licenses from 1 year to 5 years; however,
mass media licenses, which also are a requirement, still must be
renewed annually. The MKK is empowered to revoke licenses and close
media outlets without a court judgment. Another government agency, the
Center for Electromagnetic Compatibility (TSEMS), issues frequency
licenses. In the past, television stations often encountered difficulty
obtaining licenses; however, no such difficulties were reported during
the year.
The Government's implementation of the media law did not function
smoothly. Enforcement of the registration and licensing requirements
could be strict. Because the registration committee met irregularly,
many independent television stations were forced at times to operate
with expired licenses, making them vulnerable to government closure.
In 2001 several independent television stations had problems
renewing their licenses or exercising their legal right to control
their stations' operations. One station aired an episode of a
syndicated program called ``Zamon,'' on homeless persons, which
embarrassed the local governor. The governor of the neighboring
province, in which the station's transmitter was located, promptly
informed the station manager that he was fired. The station appealed to
the prosecutor's office, which overruled the governor. As a compromise,
the station agreed to stop airing ``Zamon.''
Aggressive reporting led to a long struggle by one successful
independent station to have its broadcasting and bandwidth licenses
renewed. The station obtained its broadcasting license in 2001 and its
bandwidth license in the early part of the year.
On September 13, the Ministry of Foreign Affairs informed
Internews, a foreign funded organization working to enhance the
capacity of independent media in the region, that none of its
journalists would receive accreditation.
The Government denied the registration application of an
independent professional association of private radio and television
broadcasters seven times, reportedly based on the association's failure
to elect the Government candidate as chairman. Ministry of Justice
officials allegedly told the group privately that it never would be
registered. The lack of registration effectively restricted the
association's ability to attract international funding and operate
freely and legally.
The Government refused to allow Radio Free Europe/Radio Liberty
(RFE/RL) and the Voice of America to broadcast from within the country,
despite the Government's agreement with RFE/RL to allow this activity.
Both stations broadcast on short-wave from outside the country. The
Government allowed the organizations to hire local correspondents. The
BBC World Service was required to broadcast on a very low FM frequency,
which limited the potential audience. The BBC, when it began
operations, consented to restrictions that amounted to self-censorship;
however, observers agreed that there was no evidence that the BBC
actually engaged in self-censorship. The World Service was permitted to
broadcast only 2 hours per day: Two 30-minute broadcasts per day in
Uzbek, and two 30-minute broadcasts per day in Russian, 7 days per
week. Earlier in the year, there were reports of some of BBC's
programming being jammed. Chinese language music was played over BBC
programming from precisely the moment broadcasting began until
precisely the moment the programming ended; however, this practice
ended by midyear.
In January Shodi Mardiev, a local radio reporter who was sentenced
in 1998 to an 11-year prison term for defamation and extortion, was
released under the 2001 amnesty.
While prior censorship was abolished in May, a new organization--
the Uzbek Press and Information Agency--replaced the State Press
Committee and became responsible for observing all media. Most editors
and journalists continued to express concerns about potential
consequences of conducting serious investigative journalism.
Beginning in May, both the state and private press published
numerous articles critical of the Government, which would not have been
printed prior to the lifting of the press censorship requirement. In
one case, a journalist reported that officers of the Surkhandarya
regional office of the NSS were using their positions for personal
benefit, specifically by pressuring a local factory manager to employ
certain individuals. Most citizens were well acquainted with these
sorts of NSS business practices, but few openly criticized the NSS. The
NSS replied to the accusations in the same newspaper, admitting that
one NSS employee had been punished for abuse of power. In other
articles, journalists criticized police abuse, reported on the January
conviction of four police officers for murder, and at least one article
criticized government economic policy. A regional paper in Kashkadarya
Province attacked Ismoil Jurabekov, who was widely considered to be one
of the President's most powerful advisors, for his rumored attempts to
limit the scope of the new press freedoms. Nonetheless, a number of
journalists and editors were subjected to threats, harassment, and
mistreatment by authorities, including for articles they wrote since
the end of censorship.
Prior to the May 5 abolishment of the Office of the Censor,
Tashkentskaya Pravda editor A'lo Hojaev was allowed to publish a number
of critical articles and subsequently was permanently removed from his
position.
During the year, a ``Mokhiyat'' reporter claimed the newspaper's
editor-in-chief, Abdukayum Yuldashev, was called to the phone several
times to deal with complaints from the president's office regarding the
publication of poems by opposition party member Rauf Parfi. Parfi, who
once publicly called the president a dictator, was repeatedly denied
the right to express himself in the local press. Yuldashev later
allowed the publication of an article by journalist Toshpulat
Rahmatullaev criticizing new construction in Samarkand's historic old
city. Yuldashev was reported to have gone on an extended vacation
during the summer following that article and had not returned to his
position as editor-in-chief by year's end.
In July Karshi University sued ``Mokhiyat'' for printing an article
accusing university staff of taking bribes from students; the
university won the case but waived its right to damages.
Human rights activists reported that Sobirjon Ergashev, a regional
correspondent for the Justice Ministry's Inson va Qonun newspaper who
went on trial in September for extortion, was being harassed for his
articles. He published several articles regarding corruption and abuse
by officials distributing land to farmers in the Yukarychirchik
district. Ergashev, who has a legal background, also provided legal
advice to farmers on how to protect their rights.
Local journalists of the BBC and Agence France Presse reported
being intimidated during the year as a result of their work. On July
10, Rakmatojon Kuldashev of RFE/RL and Ussen Askerov from the BBC were
briefly detained by police to prevent them from covering a protest at a
local market in Tashkent.
There were no private publishing houses. Newspapers generally were
printed by state-owned printing houses. Religious writings must be
approved by the Religion Committee censor, which was regarded as being
quite strict (see Section 2.c.).
The Government did not allow the general distribution of foreign
newspapers and other publications; however, two or three Russian
newspapers and a variety of Russian tabloids and lifestyle publications
were available. A modest selection of other foreign periodicals was
available in Tashkent's major hotels, and authorized groups could
obtain foreign periodicals through subscription.
In October the Government formally ended its official monopoly of
the Internet. In the past, all Internet service providers were required
to route their connections through a state-run server, Uzpak, and the
Government filtered access to content that it considered objectionable.
Despite these restrictions, the availability of Internet access
expanded as the number of service providers and Internet cafes grew. At
year's end, foreign embassies and local Internet users observed that
all Internet providers were blocking access to websites that the
Government considered objectionable. The uniformity of this move
suggested that the Internet providers were acting under instruction
from the Government. Despite these restrictions, Internet users
continued to find simple ways to defeat these attempts at censorship.
The Government granted academic institutions a degree of autonomy,
but freedom of expression remained limited. University professors
generally were required to have their lectures or lecture notes
approved before the lectures were given; however, implementation of
this restriction varied. Self-censorship amongst university professors
occurred.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for the freedom of peaceful assembly; however, it also states
that authorities have the right to suspend or ban rallies, meetings,
and demonstrations on security grounds, and in practice the Government
restricted the right of peaceful assembly. The Government required
approval for demonstrations and did not routinely grant permits to
demonstrators.
Authorities continued to arrest women for organizing protests
demanding the release of their jailed male relatives accused of
membership in Hizb ut-Tahrir. During the year, more than 25 women were
brought to trial; all but 2 received suspended sentences. Police
prevented a number of protests, both by refusing to allow potential
demonstrators to leave their homes and by blocking access to planned
demonstration sites (see Section 1.d.). In several cases, police
forcibly disrupted demonstrations. In September witnesses reported that
police beat several women in Tashkent's Chorsu bazaar.
On April 14, authorities arrested Musharaf Usmanova, the widow of
Imam Farhod Usmanov. Usmanova organized several demonstrations in the
fall and winter of 2001 in Tashkent. Days after her April 14 arrest,
her picture appeared in the official police gazette, and she was listed
as a missing person. In July she was convicted and received a 2-year
suspended sentence for anti-state activities.
On April 23, 44 women demonstrated in Margilon, demanding justice
in the 2001 murders of four Hizb ut-Tahrir members by NSS officers and
the release of their male relatives (see Section 1.a.). Eleven women
were detained; all were later released without being charged.
During the year, human rights activists held a number of small
demonstrations in Tashkent. The demonstrations, which typically
numbered less than 10 protesters, addressed police abuse, official
corruption, housing problems, and in 1 case the arrest of a human
rights activist. Authorities issued a permit for one of the protests.
On May 27, all five individuals protesting in front of the Ministry of
Interior against the arrest of Yuldash Rasulov were briefly detained
and subsequently released. On August 27, authorities dispersed a
protest by six individuals in front of the Ministry of Justice, and two
of the protesters were committed to psychiatric care (see Section
1.c.).
On June 8, the Tashkent regional branch of the human rights
organization Ezgulik held a conference at a movie theater in Tashkent's
Sobir Rakhimov district. Days after the conference, authorities
initiated proceedings that in September led to the closing of the movie
theater. In a decision in September, the Supreme Court upheld the
verdict of a lower court that the movie theater had violated its
business charter by allowing such an activity on its premises.
In August security forces blocked access to the funeral of
Mirzakomil Avazov, who was tortured and killed in Jaslyk prison (see
Section 1.c.).
The Constitution provides for the right of freedom of association;
however, the Government continued to restrict this right in practice.
The Constitution places broad limitations on the types of groups that
may form and requires that all organizations be registered formally
with the Government in accordance with procedures prescribed by law.
While the Law on Political Parties provides theoretical protections for
minority parties and permits a wide range of fundraising, it also gives
the Ministry of Justice broad powers to interfere with parties and to
withhold financial and legal support to those opposed to the
Government. There were four registered political parties, all
controlled by the Government (see Section 3).
In the past, the Government rejected attempts by the Birlik
opposition political party to register. The party had not held a
congress since 1991, and harassment by security forces drove its
leaders into voluntary exile in the early 1990s (see Section 1.d.).
During the year, the party held seven regional congresses, which is the
first step toward obtaining registration. Co-founder Pulat Akhunov, a
naturalized Swedish citizen, received an Uzbek visa and returned for a
4-week visit.
The opposition political party Erk continued to insist that its
1991 registration remained valid, and the party therefore refused to
file new registration papers. A 1995 law, which members said was aimed
at Erk, required all parties registered prior to 1993 to reregister.
Erk's principled stance was motivated also by its members' opinion that
the Government would reject any new application. In 2000 Erk's leader,
who went into self-exile in the early 1990s to escape harassment from
security forces, was convicted in absentia of terrorism charges, which
members said were false (see Section 1.d.). On May 26, Erk's Secretary
General was detained for several hours in Tashkent; the first Erk
meeting in several years had been scheduled for that day but was
subsequently cancelled (see Section 3).
The Constitution and the law ban parties of an ethnic or religious
nature. In the past, authorities, citing these statutes, have denied
registration to the Islamic Renaissance Party (IRP). In the early
1990s, opposition activists announced the formation of the religious
Adolat-True Path Party but never pursued formal registration, claiming
that their members were afraid of government reprisals. Some members
and leaders of IRP and Adolat-True Path chose, or were forced, to flee
abroad. The core of the IMU, which has waged an armed insurrection
since 1999, was formed in large part from these elements.
The Law on Public Associations, as well as the Law on Political
Parties, prohibits registration of organizations whose purpose includes
subverting or overthrowing the constitutional order, as well as
organizations whose names already were registered. In the past,
officials used the latter provision to block human rights NGOs and
independent political parties from registering by creating another NGO
or party with the identical name. During the year, no such practice was
reported.
The process for government registration of NGOs and other public
associations was difficult and time-consuming, with many opportunities
for obstruction. A 1999 law on nongovernmental, noncommercial
organizations provides for simpler registration requirements. Officials
at the Ministry of Justice said that the law was fully implemented
during the year. While NGOs verified that the mechanics of the
registration procedure were greatly simplified, the Government clearly
retained the ability to hamper registration of organizations that it
deemed undesirable.
In March authorities registered the IHROU, one of three local human
rights organizations actively monitoring the human rights situation in
the country. Ezgulik and HRSU, two other human rights organizations,
were denied registration at year's end. Both IHROU and HRSU had
attempted to register for years. Ezgulik, a new organization, submitted
two registration applications, in May and November, and was refused
both times. In the past, the IHROU reported that the Government had
based its denials on bureaucratic technicalities. During the year, the
Government cited serious material deficiencies in the applications of
both HRSU and Ezgulik, including falsification of membership roles in
certain provincial chapters. HRSU refused to make necessary changes.
Ezgulik, which admitted to some of the deficiencies, made reasonable
efforts to correct its application. However, the Government appeared to
have subjected the applications of both HRSU and Ezgulik to
significantly higher scrutiny than those to which the applications of
other organizations were held.
The Government did not change its often stated stance that human
rights groups enjoyed de facto registration. There were continued
reports of officials investigating the activities of human rights
activists. A local Ministry of Internal Affairs officer admitted in
writing to an activist that he was under orders from authorities in
Tashkent to investigate the activities of human rights activists and
independent journalists. Two other human rights organizations, the
Committee for Protection of Individual Rights (CPRI) and the Legal Aid
Society (LAS), were registered by the mid 1990s. CPRI was formed with
government support in 1996, and some of its members cooperated with
HRSU, Ezgulik and IHROU (see Section 4). The Legal Aid Society pursued
some low-level police abuse and government corruption cases but avoided
cases involving suspected Islamic extremists.
Although unregistered organizations often could operate without
government interference, they did not exist as legal entities.
Unregistered NGOs continued to face difficulties operating their
organizations during the year. Government representatives met with
members of human rights organizations on various occasions.
International and local journalists met frequently with members of
these organizations, but state controlled media rarely mentioned them.
Nonpolitical associations and social organizations usually were
allowed to register, although complicated rules and a cumbersome
government bureaucracy often made the process difficult. Some
evangelical Christian churches and Jehovah's Witnesses congregations
found it difficult to obtain registration (see Section 2.c.). The
Government continued to refuse to register an association of
broadcasters formed in 1998 (see Section 2.a.).
c. Freedom of Religion.--The Constitution provides for freedom of
religion and for the principle of separation of church and state;
however, in practice the Government restricted this right.
The Government viewed most Islamic activity outside the state-
sponsored mosques with suspicion and often concluded that those
engaging in such activity posed an extremist security threat. The
primary target of the Government's suspicion was the banned extremist
Islamic political party Hizb ut-Tahrir; most of those arrested were
allegedly associated with this organization. The Government arrested as
many 600 suspected members of Hizb ut-Tahrir or, in some cases, other
groups. Those arrested were usually mistreated and were typically
sentenced to between 7 and 12 years in jail. Many others suspected of
association with extremism were detained for questioning. Christians
who tried to convert Muslims or who had among their congregations
members of traditionally Muslim ethnic groups often faced official
harassment, legal action or, in a number of cases, mistreatment.
Christians who avoided any association with proselytizing generally had
no problems, and Jews generally were able to practice their religion.
The religion law forbids proselytizing and severely restricts
activities such as importing and disseminating religious literature.
The Government is secular, and there is no official state religion.
Although the laws treat all religious confessions equally, the
Government shows its support for the country's Muslim heritage by
funding an Islamic university and subsidizing citizens' participation
in the Hajj. The Government promotes a moderate version of Islam
through the control and financing of the Spiritual Directorate for
Muslims (the Muftiate), which in turn controls the Islamic hierarchy,
the content of imams' sermons, and the volume and substance of
published Islamic materials.
The Religion Law requires all religious groups and congregations to
register and provides strict and burdensome criteria for their
registration. Among its requirements, the law stipulates that each
group must present a list of at least 100 Uzbek citizen members to the
local branches of the Ministry of Justice. This provision enabled the
Government to ban any group simply by finding technical grounds for
denying its registration petition. Officials designed the law to target
Muslims who worship outside the system of state-organized mosques. A
special commission may grant exemptions to the Religion Law's strict
requirements and register groups that have not been registered by local
officials. The commission granted exemptions to 51 such groups,
including congregations with fewer than 100 Uzbek citizen members.
As of May, the Government registered 2,047 religious congregations
and organizations, 1,863 of which were Muslim. However, the
Government's Committee on Religious Affairs (CRA) continued to deny the
Greater Grace Christian Church of Samarkand permission to have a
Finnish rather than Uzbek pastor. The church's application for
registration remained blocked at year's end pending resolution of that
issue. In Tashkent the Agape mission Church continued to face
difficulty registering, despite the fact that it met all legal
requirements for registration. Local authorities continued to block the
registration of Baptist congregations in Gazalkent and Novy Zhizn.
During 2001 the deputy mayor of Gazalkent allegedly told church leaders
that their application might be approved if they removed from the
church's membership list all names of ethnic-Uzbek origin.
Ethnic Uzbeks in Guliston established their own Protestant church,
called the Good News Church. It was also denied registration, and on
August 18 its pastor, his wife, and one member were fined. Members
alleged that the head of the local office of the Ministry of Justice
tore up their application in front of them. In the months following the
August fines, members of the Good News Church reported receiving visits
in their homes by local security officials, who discouraged them from
participating in the church's activities.
Any religious service conducted by an unregistered religious
organization is illegal. Police occasionally broke up meetings of
unregistered groups. Members of such groups were fined during the year,
and one was briefly jailed. Other prohibited activities for
unregistered groups include: Organizing an illegal religious group,
persuading others to join such a group, and drawing minors into a
religious organization without the permission of their parents.
Religious groups are prohibited from forming political parties and
social movements (see Section 2.b.).
The law prohibits proselytizing, which resulted in fines and the
denial of registration to many Christian churches, and in some cases,
beatings of many of their members. Authorities tolerated many Christian
evangelical groups but often harassed those that tried to convert
Muslims to Christianity.
The law forbids anyone except clerics from wearing religious
clothing in public. Nevertheless, women were seen wearing the hijab
and, less frequently, the veil on the street. Most young men did not
wear beards, which the Government regarded as a potential indicator of
extremism. Most female university students did not wear the hijab.
There were no known expulsions of women wearing headscarves during the
year. However, of the women expelled from state universities in 1997
and 1998 for wearing religious clothing, none who continued to do so
were readmitted during the year (see Section 1.f.).
The Government bans the teaching of religious subjects in schools
and also prohibits the private teaching of religious principles. In May
2001, the Ministry of Justice informed the Baptist Union in writing
that the holding of Sunday school classes for the children of
congregation members was a violation of the Law on Freedom of
Conscience and Religious Organizations. The letter threatened
revocation of the Baptist Union's registration if it did not
immediately cancel Sunday school. The legal problem was not resolved,
but a series of communications between the Baptist Union and the
Ministry resulted in what was at least a temporary, mutually acceptable
compromise.
The Government requires that the religious censor approve all
religious literature. The Committee on Religious Affairs, in accordance
with the law, has given the right to publish, import, and distribute
religious literature solely to registered central offices of religious
organizations. Seven such offices were registered by year's end.
However, the Government discouraged and occasionally even blocked
registered central offices from producing or importing Christian
literature in the Uzbek language, even though Bibles in many other
languages were available in Tashkent bookstores.
The Muftiate sporadically issued an updated list of all officially
sanctioned Islamic literature. Bookstores were not allowed to sell any
Islamic literature not on the list. The list contained more than 200
titles; however, in practice Islamic bookstores in Tashkent sold a
large number of titles not on the list, including those in the Arabic
language. More controversial literature, when available, was not
displayed on shelves. Possession of literature deemed extremist might
lead to arrest and prosecution. Hizb ut-Tahrir leaflets, which were
fundamentally political in nature, absolutely were prohibited.
The Government's most serious abuses of the right to religious
freedom were committed against suspected Islamic extremists, but the
effects had repercussions in the wider Muslim community. The
Government's campaign against extremist Islamic groups, begun in the
early 1990s, resulted in numerous serious abuses during the year. The
campaign was directed at three types of Muslims: Alleged Wahhabists,
including those educated at madrassas (religious schools) abroad and
followers of missing Imams Nazarov of Tashkent and Mirzaev of Andijon;
those suspected of being involved in the 1999 Tashkent bombings or of
being involved with the IMU, whose roots are in Namangan; and suspected
members of Hizb ut-Tahrir throughout the country. During the year, the
campaign resulted in the arrests of some persons, primarily young men,
who claimed that they were not extremists.
Both Wahhabism and the IMU stemmed from the growth of independent
Islam that the Government has sought to suppress since the early 1990s.
While the Government viewed members of the IMU as terrorists, it viewed
members of Hizb ut-Tahir and Wahhabists as potential terrorists.
The Government did not consider repression of these groups to be a
matter of religious freedom, but rather to be directed against those
who wanted to foment armed resistance to the Government. However,
authorities were highly suspicious of those who were more religiously
observant than is the norm, including frequent mosque attendees,
bearded men, and veiled women. In practice this approach resulted in
abuses against observant Muslims for their religious beliefs. It also
served to radicalize some young men and women who otherwise might
practice their religion in a politically neutral manner.
Arbitrary arrest and detention of those the Government perceived as
Islamic extremists were common (see Section 1.d.). Unlike in past
years, there were no credible reports of security services arresting,
detaining, or harassing Muslim leaders perceived to be extremists.
Prison authorities deprived many prisoners suspected of Islamic
extremism of the right to practice their religion freely. Human rights
monitors reported that individuals arrested for Islamic extremism were
not allowed to read the Koran in most detention facilities.
The scarcity of independent media and the absence of a centrally
located and readily accessible register of court cases made it
difficult to determine how many persons were incarcerated for religious
reasons. The Moscow-based human rights organization Memorial estimated
that 1,400 persons were arrested on suspicion of Islamic extremism
during the first 8 months of 2001, compared with 2,700 arrested in
2000, and 4,000 in 1999 (see Section 1.e.). Memorial has not published
an updated list; however, other sources estimated that during the year
approximately 600 persons were arrested.
Imam Abdulvakhid Yuldashev, a former pupil of Imam Nazarov,
remained in jail. He was arrested in June 2000 and sentenced in April
2001. His lawyer continued to visit him throughout the year and
reported that he continued to be tortured periodically (see section
1.c.).
Although the use of loudspeakers in issuing the call to prayer was
discouraged beginning in 1998, their use became more common during the
year.
Members of Jehovah's Witnesses claimed that they were subjected
routinely to police questioning, search, and arbitrary fines. Police
conducted several raids during the year against meetings of Jehovah's
Witnesses. Since April 2001, there were reports that approximately 90
members of Jehovah's Witnesses were detained and administratively fined
and that police confiscated some members' passports. On March 26,
members of three congregations in Nukus were detained and reportedly
beaten while celebrating a religious holiday. Throughout the year,
authorities in Jizzakh intensified an education campaign aimed at
discouraging youth from joining Jehovah's Witnesses. Representatives of
Jehovah's Witnesses alleged that the Government regarded Jehovah's
Witnesses as an extremist group and disapproved of the group's door-to-
door evangelical style; government officials confirmed this. In July
police arrested Marat Mudarisov, a member of Jehovah's Witnesses, for
inciting religious hatred. On November 29, Mudarisov was convicted and
given a 3-year suspended sentence.
Criminal charges filed in 2001 against Pastor Nikolai Shevchenko of
Bethany (Baptist) Church in Tashkent and several of his parishioners
were dropped; however, Pastor Shevchenko still faced the possibility of
administrative fines for leading an unregistered congregation. In
August in the provincial capital of Guliston, an evangelical church
leader and two of his congregants were fined for leading an
unregistered church. Harassment of churches in other cities, including
Urgench and Gazalkent, continued.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation.--The Constitution provides for free
movement within the country and across its borders; however, the
Government severely limited this right in practice. Permission from
local authorities was required in order to resettle in a new city. The
Government rarely granted permission to those who wished to move to
Tashkent, and local observers reported that a $100 bribe (96,529 soum)
was necessary to obtain the required registration documents. The
Government required citizens to obtain exit visas for foreign travel or
emigration, but it granted these permits routinely for approximately $5
(5,000 soum). An exit visa was not required for travel to most
countries of the former Soviet Union; however, beginning on December
20, the Government closed its borders to almost all of its citizens
attempting to travel overland to the neighboring countries of the
Kyrgyz Republic and Kazakhstan. Overland travelers to Turkmenistan also
faced restrictions, while the border with Afghanistan remained mostly
closed to ordinary Uzbek citizens. Uzbek citizens attempting to cross
the border to neighboring Tajikistan continued to experience
significant delays and some restrictions.
All citizens have a right to a passport, and the Government did not
restrict this right. Passports serve as both internal identity cards
and, when they contain an exit visa, as external passports. Every
citizen must carry a passport when traveling inside or outside the
country. Police occasionally confiscated these documents. In the past,
authorities were more likely to confiscate the passports of political
opponents than other citizens. There were no reports during the year of
confiscation of political opponents' passports, and authorities
returned the passport of prominent human rights activist Mikhail
Ardzinov after 3 years. By year's end, authorities had not returned the
passport of human rights activist Elena Urlaeva that was seized in July
2001 (see Sections 1.c. and 1.d.).
Movement within the country by foreigners with valid visas
generally was unrestricted; however, visitors required special
permission to travel to certain areas, such as Termez, in Surkhandarya
province on the Afghan border. At times authorities closed certain
mountainous regions where fighting with the IMU took place.
The Law on Citizenship stipulates that citizens do not lose their
citizenship if they reside overseas; however, since the country does
not provide for dual citizenship, those acquiring another citizenship
lose Uzbek citizenship. In practice the burden was on returning
individuals to prove to authorities that they did not acquire foreign
citizenship while abroad.
Following the summer 2000 fighting with the IMU in the Surkhandarya
region, the Government forcibly resettled residents of a number of
villages from the mountainous border area (see section 1.d.). The
villagers faced permanent impediments to returning to their homes, and
the Government built permanent structures in several new settlements
approximately 120 miles away. International observers reported that
conditions were acceptable in all of the villages but Sherabad, where
food shortages remained a problem.
There is no law concerning the rights of refugees and asylum
seekers, and the Government does not recognize the right of first
asylum. The Government did not adhere to the 1951 Convention Relating
to the Protection of Refugees or its 1967 Protocol. The Government
considered asylum seekers from Tajikistan and Afghanistan to be
economic migrants, and such individuals were subject to harassment and
bribe demands when seeking to regularize their status. Such persons
could be deported if their residency documents were not in order.
There were no official statistics, but observers, including the
U.N. High Commissioner for Refugees (UNHCR), estimated that there were
8,000 Afghan refugees in the country. At the end of August, there were
853 cases (2,562 persons) of refugees recognized by the UNHCR as
mandate refugees and 448 cases of asylum seekers (971 persons). The
UNHCR reported that 99 percent of its refugee cases were persons from
Afghanistan, many of whom had few means to earn a livelihood and
serious protection problems.
There were an estimated 30,000 Tajik refugees in country. Most of
these were probably, as the Government argued, economic refugees.
In August 1999, the Government agreed that it would not force those
given refugee status by the UNHCR to leave the country. There were two
cases of forced return of mandate refugees to a country where they
feared persecution, one in May and one in July. In those cases, a total
of six persons (including four minor children) were forced to return to
Afghanistan. In another deportation case involving a North Korean
citizen, the Government agreed to allow the individual to be resettled
in another country. The population includes large numbers of ethnic
Tajiks, Kyrgyz, and Kazakhs, as well as ethnic Koreans, Meskhetian
Turks, Germans, Greeks, and Crimean Tartars deported to Central Asia by
Stalin during World War II. Russians and other Slavs also are well
represented. These groups enjoyed the same rights as other citizens.
Although the latter groups were free to return to their ancestral
homelands, absorption problems in those countries slowed their return.
The UNHCR reported that police rarely harassed mandate 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; however, in practice citizens could not change their
government through peaceful and democratic means. The Government
severely restricted freedom of expression (see Section 2.a.) and
repressed opposition groups and individuals; however, no opposition
members were jailed. No independent opposition groups participated in
government. During the year, the Birlik opposition movement was allowed
to hold congresses throughout the country for the first time since 1991
(see Section 2.b.). Four government-controlled political parties held
the majority of the seats in Parliament, and most remaining seats were
held by government officials.
The Government is highly centralized and is ruled by a strong
presidency. President Karimov was elected in a limited multi-candidate
election in 1991. A 1995 referendum and subsequent parliamentary
decision extended his first term until 2000. He was reelected in 2000
to a second term with 92.5 percent of the vote. His opponent,
Abdulhafiz Jalalov, ran a token campaign and admitted on election day
that he himself had voted for Karimov. The OSCE declined to monitor the
presidential election on the grounds that the preconditions did not
exist for it to be free and fair. Following a January referendum, which
multilateral organizations and foreign embassies refused to observe,
the term of the Presidency was extended from 5 to 7 years.
President Karimov and the executive branch maintained control
through sweeping decree powers, primary authority for drafting
legislation, and control of all government appointments, most aspects
of the economy, and the security forces.
Many government officials were members of the People's Democratic
Party of Uzbekistan (PDP), formerly the Communist Party and still the
country's largest party. The party did not appear to play a significant
role in the Government, and the President resigned his chairmanship of
the party in 1996. There were three other registered parties. These
were created with government assistance and were loyal to President
Karimov. All four parties participated in the 1999 parliamentary
elections, in which 93 percent of the electorate reportedly voted. The
election did not represent a real choice for voters, since the parties
and independent candidates were all loyal to the Government.
The OSCE and many international observers concluded that the 1999
legislative elections were neither free nor fair because the voters
lacked a choice. Local and regional governors (hokims), who were
appointed by the President, exerted a strong influence on the selection
of candidates and the conduct of campaigns. Nearly half (110 out of
250) of those elected were not from party lists but were either hokims
themselves or were nominated by the hokims' local assemblies. Only 16
of the 250 candidates who won had been nominated by citizens'
initiative groups. These candidates generally were allowed on the
ballot only if the hokims approved them.
The Parliament (Oliy Majlis) is constitutionally the highest
government body. In practice, despite assistance efforts by
international donors to upgrade its ability to draft laws
independently, its main purpose is to confirm laws and other decisions
drafted by the executive branch.
The laws that govern the conduct of parliamentary and presidential
elections and the Law on Political Parties make it extremely difficult
for opposition parties to develop, nominate candidates, and campaign.
The procedures to register a candidate are burdensome and the Central
Election Commission (CEC) has authority to deny registration. A
presidential candidate is prohibited from campaigning before being
registered but must present a list of 150,000 signatures in order to be
registered. Under the law, the CEC must deny registration of
presidential candidates who are found to ``harm the health and morality
of the people.'' There is no appeal to the Supreme Court for candidates
whose parties were denied registration. The Ministry of Justice has the
right to suspend parties for up to 6 months without a court order.
Citizen initiative groups of 100 members or more may nominate
candidates to the Parliament by submitting signatures of at least 8
percent of the voters in the electoral district. Other interest groups
were forbidden from participating in campaigns, and candidates were
allowed to meet with voters only in forums organized by precinct
election commissions. The law prohibits parties from funding their
candidates' campaigns directly; parties must turn over all campaign
money to the CEC, which then distributes the funds equally among the
candidates. Only the CEC may prepare and release presidential campaign
posters.
According to the Law on Political Parties, judges, public
prosecutors, NSS officials, servicemen, foreign citizens, and stateless
persons (among others) cannot join political parties. By law the
Government prohibits formation of parties based on religion or
ethnicity; those that oppose the sovereignty, integrity, and security
of the country and the constitutional rights and freedoms of citizens;
or those that promote war, or social, national, or religious hostility.
Political organizations that seek to overthrow the Government or incite
national or racial hatred are prohibited. The Government refused to
register the opposition political movement Birlik in the early 1990s,
but it allowed Birlik this year to hold congresses throughout the
country--the first step toward registration (see Section 2.b.). The
Government effectively stripped the registration of opposition
political party Erk in the mid-1990s (see Section 2.b.). Membership in
unregistered political organizations is not officially forbidden. No
opposition political party members were arrested as a result of their
activities.
The Government continued to target members of unregistered
political opposition groups using methods such as surveillance and loss
of employment (see Sections 1.d. and 4). In April the Namangan chief of
police provided human rights activists with a letter in which he
claimed to have been ordered by the MVD to collect detailed information
on all Birlik and Erk opposition political party members, BBC and VOA
reporters, human rights activists, and their families. The Minister of
Interior denied that such an order had been issued.
The leaders of the two unregistered opposition political parties--
Mohammed Solikh of Erk and Abdurakhim Polat of Birlik--were forced into
voluntary exile in the early 1990s. After the February 1999 Tashkent
bombings, government targeting of members of these groups intensified.
The Government repeatedly accused Solikh, who ran against Karimov for
the presidency in 1992, of being a leader of the terrorist plot behind
the bombings. Solikh was 1 of 9 defendants tried in absentia in a
November 2001 trial of 12 alleged bombing conspirators. He was
convicted and sentenced to 15 years in prison. Three of Solikh's
brothers--Komil, Rashid, and Muhammed Bekjonov (a.k.a. Bekzhon)--
remained in prison at year's end.
On May 26, Atanazar Aripov, the leader of Erk, was detained for
several hours. He was enroute to a meeting of Erk members in Tashkent
when police officers approached him and asked him to come to the MVD's
headquarters. Aripov was released unharmed and said that authorities
were trying to disrupt the meeting. In the past, dozens of Erk and
Birlik activists reported being detained, harassed or subjected to
surveillance; however, detentions and harassment were uncommon during
the year, although surveillance increased.
There were no further developments in the case of Shovruk
Ruzimuradov, a former parliamentarian and Birlik member who was
tortured to death in prison in July 2001. Several police officers
reportedly received administrative punishments and were subjected to
disciplinary action, but none were prosecuted by year's end.
Traditionally, women participate much less than men in government
and politics. There were 20 female deputies in the 250-member
Parliament. There were 2 women (both with the rank of Deputy Prime
Minister) among 28 members of the Cabinet; 1 was charged specifically
with women's issues.
In the 250-member parliament, there were 227 ethnic Uzbeks, 1
Korean, 7 Russians, 1 Armenian, 3 Tajiks, 2 Ukrainians, 3 Kazakhs, and
6 Karakalpaks.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated in the country; however, security forces continued
to harass and abuse domestic human rights activists. During the year,
six activists were arrested in circumstances that suggested they may
have been targeted for their human rights activities. Another was
committed to involuntary psychiatric treatment (see Sections 1.a. and
1.c.). Several human rights activists reported significant harassment
during the year, including regular interviews by the NSS and the
collecting of personal information on them and their extended families
by police. In addition, family members also lost their jobs. Unlike in
past years, the activists reported no serious attempts to limit their
travel within the country or abroad.
On August 27, human rights activists Elena Urlaeva and Larissa
Vdovina were committed to a psychiatric institution (see Sections 1.c.
and 1.d.).
On September 4, IHROU activist Jakhongir Shosalimov was arrested in
Chorsu market in Tashkent. He gave an interview to a journalist in the
presence of police officers at the scene of an ongoing violent protest,
during which he complained of police brutality. He was arrested
approximately thirty minutes after the protest ended. Circumstances
suggest that he was arrested not because he incited unrest (as claimed
by authorities), but because he exercised his right to free speech.
On September 4, HRSU activist Tursunbay Utamauratov was arrested in
Karakalpakstan. He was a bazaar trader and was accused of tax evasion.
On November 30, Utamuratov was sentenced to 9-years' imprisonment.
In April 2001, two unidentified men attacked Khamraev Bakhtiar, the
HRSU regional representative for Jizzakh, causing a concussion. In
early August, Bakhtiar reportedly received a visit from officials from
the procurator's investigative department who warned him to be careful
about what he says. There were no further developments in the case.
One independent human rights organization, the Independent Human
Rights Organization (IHROU), was registered during the year. Several
other domestic human rights NGOs remained unregistered and faced
numerous difficulties. Renting office space and conducting transactions
in the NGOs name can be legally problematic; and opening bank accounts
was impossible, making receiving funds from overseas very difficult.
Activists of the unregistered organizations tended to encounter more
difficulties with authorities.
In June authorities initiated legal proceedings to shut down a
movie theater in Tashkent after an independent human rights
organization, Ezgulik, held a regional congress there. The theater was
shut down in September (see Section 2.b.).
The Government generally was willing to hold an open dialog with
international human rights NGOs. Human Rights Watch maintained an
office and operated independently in the country. The Government was
willing to discuss human rights matters with international governmental
organizations such as the OSCE, as well as with foreign embassies. In
April an official from the office of the U.N. High Commissioner for
Human Rights visited the country. In June the Government invited the
U.N. Special Rapporteur for Torture to visit, which he did in November.
On March 4, the Government registered the IHROU, which became the
third registered domestic human rights NGO. The two other registered
groups were the Committee for Protection of the Rights of Individuals
(CPRI), which was formed with the support of the Government but also
has ties to opposition figures (see Section 2.b.), and the Legal Aid
Society, which dealt with minor police abuse and government corruption
cases. The CPRI acted as the Uzbek affiliate of the International
Society for Human Rights, which is based in Germany, and it engaged in
legitimate human rights work, but it refrained from criticizing the
President. Observers questioned the CPRI's independence from the
Government. Its leader, Marat Zakhidov, engaged in progovernment
propaganda, but many of its members cooperated closely with other human
rights organizations. HRSU and Ezgulik remained unregistered at year's
end.
There is a human rights Ombudsman's office affiliated with the
Parliament. The Ombudsman may make recommendations to modify or uphold
decisions of government agencies, but the recommendations are not
binding. The Ombudsman is prohibited from investigating disputes within
the purview of courts. The Ombudsman has eight regional offices outside
Tashkent. During the year, the Ombudsman's office handled hundreds of
cases, a large majority of which dealt with contested court decisions,
abuse of power, and various labor and social welfare issues. The
Ombudsman published reports identifying the most serious violations of
human rights by government officials; the majority of these involved
allegedly unjust court decisions and claims of abuse of power by police
and local officials. Most of the successfully resolved cases appeared
to have been relatively minor.
The National Human Rights Center of Uzbekistan, created by
presidential decree, is responsible for educating the population and
government officials about the principles of human rights and
democracy, as well as for ensuring compliance with its international
obligations in providing information on human rights. The Center held
several seminars on democratization and human rights. Members of
parliament, foreign diplomats, and international organizations
attended. It also co-sponsored a coordinating conference for domestic
human rights organizations. The Center was not officially involved in
human rights advocacy but did intercede on behalf of IHROU and another
human rights organization when they were attempting to register. The
Center worked closely in the past with international organizations such
as the U.N. Development Program and the OSCE.
Section 5. Discrimination Based on Race, Sex, Disability, Language or
Social Status
Both the Constitution and the law prohibit discrimination on the
basis of sex, language, or social status; however, societal
discrimination against women persisted.
Women.--Violence against women was a problem and spousal abuse was
common, but no statistics on the problem were available. Wife beating
was considered a personal family affair rather than a criminal act;
such cases usually were handled by family members or elders within the
community (mahalla) and rarely came to court. The law punishes physical
assault; however, no legal provisions specifically prohibit domestic
violence. Police often discouraged women from making complaints against
abusive husbands and abusers were rarely taken from home or jailed.
In December 2000, the NGO Minnesota Advocates for Human Rights
released a study on domestic violence in the country, which concluded
that domestic violence was widespread. Winrock International, which
helps develop women's organizations in the country, noted that public
officials were willing to speak openly about the problem of domestic
violence. Most NGOs who work on domestic violence issues reported that
local government cooperation on education programs had increased. Some
police participated in NGO training on this issue. One NGO trained over
16,000 women and 1,400 men during the year.
The law prohibits rape. Marital rape appears to be implicitly
prohibited under the law, but no known cases have been tried. Although
statistics on rape were unknown, cultural norms discouraged women and
their families from speaking openly about rape.
The law prohibits prostitution. Prostitution within the country was
also a problem, and many observers believed that deteriorating economic
conditions led to an increase in prostitution. There were more ethnic
minorities engaged in prostitution. Police enforcement of laws against
prostitution was uneven, and some police officers used the threat of
prosecution to extort money from prostitutes.
Trafficking in women to other countries for the purpose of
prostitution was a problem (see Section 6.f.).
Sexual harassment is not prohibited by law, but was reportedly a
widespread problem. However, social norms and the lack of legal
recourse made reporting rare.
Although the law prohibits discrimination against women,
traditional, cultural, and religious practices limited their role in
everyday society. For these reasons, women were underrepresented
severely in high-level positions. In accordance with tradition, women--
particularly in rural areas--usually married before the age of 20, bore
many children, and confined their activities to within the family. In
rural areas, women often worked in the cotton fields during the harvest
season. However, women were not impeded formally from seeking a role in
the workplace, and women who opened businesses or sought careers were
not hindered legally. Women were underrepresented in the industrial
sector; however, they were fairly well-represented in the agricultural
and small business sectors. A deputy prime minister at the cabinet
level was charged with furthering the role of women in society and also
was head of the National Women's Committee.
Several dozen NGOs addressed the needs of women. One NGO in
Tashkent conducted seminars on sexual harassment, domestic violence,
and the legal rights of women. Another NGO in Tashkent operated a hot
line for women involved in prostitution. A center in Samarkand operated
a crisis hot line and provided educational services on alcoholism,
sexually transmitted diseases, and family counseling. The American Bar
Association operated programs that focused on protecting women's legal
rights in the Fergana region. A women's group in Surkhandarya worked
with women with disabilities and promoted their rights. Another
organization, Women's Integrated Legal Literacy, worked in the
following areas: legal literacy training, small grants for women's
NGOs, cultural events to educate women on their rights, and advocacy on
women's issues.
In parts of the country, some women and girls resorted to suicide
by self-immolation. There were no reliable statistics on the extent of
this problem because most cases went unreported. The problem appeared
to be growing. After marriage many women or girls moved into the
husband's home, where they occupied the lowest rung on the family
social ladder. A conflict with the husband or mother-in-law, who by
tradition exercised complete control over the young bride, usually was
the stimulus for suicide. An NGO in Samarkand runs a shelter for
victims of self-immolation. The NGO reported varying degrees of
cooperation from individual officials and local governments.
A 1997 research study indicated that the number of women enrolling
in higher education was diminishing; women's enrollment in the finance
and banking institute dropped from 65 percent in 1991 to approximately
25 percent in 1997. The report stated that university faculty ``steer''
women into occupations traditionally performed by females and suggested
that administrators may have deliberately barred entrance to women in
some fields. As of September, a steep, government mandated increase in
university fees forced many more families to decide which, if any, of
their children they would educate, possibly affecting women's access to
higher education.
Children.--The Constitution provides for children's rights, stating
that parents are obliged to support and care for their children until
they reach age 18. Traditional Uzbek values reinforced the cohesion of
families; in most cases, several generations of a family lived
together. In theory the Government provides free universal primary
education and health care; however, in practice shortages and budget
difficulties mean that some services must be paid for privately. Nine
years of formal schooling are compulsory, and the average length of
schooling is more than 11 years. According to the Government, 98.1
percent of children completed secondary school. Anecdotal evidence
indicated that more children continued to drop out of high school as
economic circumstances continued to deteriorate. There also was
evidence that earlier marriages among young rural women contributed to
a higher drop out rate for young women. The Government granted monetary
allowances to families based on their number of children. The country
had a very high birth rate; more than one-half of the population was
under the age of 18.
There was no societal pattern of abuse of children. During the
year, there was one confirmed report of a girl being trafficked abroad
for prostitution. Teenage girls were engaged in prostitution (see
Section 6.f.). During the harvest, some school children, particularly
in rural areas, were forced to work in the cotton fields (see Section
6.c.).
Persons with Disabilities.--The law provides for support for
persons with disabilities and is aimed at ensuring that these persons
have the same rights as other citizens; however, little effort was made
to bring persons with disabilities into the mainstream. There was some
societal discrimination against persons with disabilities. Children
with disabilities generally were segregated into separate schools. The
Government cared for the mentally disabled in special homes. The
Government has not mandated access to public places for persons with
disabilities; however, there was some wheelchair access throughout the
country.
National/Racial/Ethnic Minorities.--Government statistics dating
from 1992 show that the population was approximately 71 percent Uzbek,
8 percent Russian, 5 percent Tajik, 4 percent Tatar, and 3 percent
Kazakh, with many other ethnic groups represented as well. During the
year, the percentage of Russians and Tatars decreased through
emigration, but a number of Russians returned to the country. Exact
percentages of ethnic minorities were unknown but were certainly lower
than in 1992. Available statistics almost certainly underestimated the
actual number of ethnic Tajiks; the figures treated ethnic Tajiks whose
mother tongue was Uzbek as ethnic Uzbeks. In addition, some members of
other ethnic groups chose for a variety of reasons to declare
themselves to be ethnic Uzbeks.
Ethnic groups other than Uzbeks, particularly Russians, frequently
complained that job opportunities were limited for them. Senior
positions in the Government bureaucracy and business generally were
reserved for ethnic Uzbeks, although there were numerous exceptions to
this rule.
The citizenship law does not impose language requirements for
citizenship; however, the language issue remained very sensitive. Uzbek
was declared the state language, and the Constitution requires that the
President speak Uzbek; however, the language law provides for Russian
as ``the language of interethnic communication.'' Russian was spoken
widely in the main cities, and Tajik was spoken widely in Samarkand and
Bukhara. The law originally required that Uzbek would be the sole
method of official communication by 1998, but subsequently was modified
to remove a specific date. The Government also was in the process of
replacing the Cyrillic alphabet with the Latin alphabet; however,
realizing the difficulties for Uzbeks and minorities alike, the
Government delayed the full transition to both the Uzbek language and
the Latin alphabet to 2005.
Section 6. Worker Rights
a. The Right of Association.--The law specifically provides that
all workers have the right voluntarily to form and join unions of their
choice, and that trade unions themselves voluntarily may associate by
geographic region or industry sector. Membership in trade unions is
optional. The law also declares all unions independent of the
Governmental administrative and economic bodies (except where provided
for by law), and states that trade unions should develop their own
charters, structure, and executive bodies and organize their own work.
However, in practice, the overall structure of trade unions did not
change significantly since the Soviet era. Trade unions remained
centralized hierarchically, and remained dependent on the Government.
No alternative union structures existed. Independent unions did not
exist.
There were a few professional associations and interest groups,
such as a union of entrepreneurs, a union of renters, and an
association of private physicians and pharmacists. There also were
registered professional associations for judges and lawyers, both of
which were quasigovernmental. The main activity of all registered
associations was professional development. They did not license members
and had no formal role in advocating the interests of members in
relation to the Government.
According to the law, the Council of the Federation of Trade Unions
(CFTU) has a consultative voice in the preparation of all legislation
affecting workers and is entitled to draft laws on labor and social
issues. Trade unions are described legally as organizations that defend
the right to work and to protect jobs, and emphasis is placed on the
unions' responsibility for ``social protection'' and social justice--
especially unemployment compensation, pensions, and worker retraining.
The law forbids discrimination against union members and their
officers.
The law on unions provides that unions may choose their own
international affiliations; however, none have done so.
b. The Right to Organize and Bargain Collectively.--Trade unions
may conclude agreements with enterprises; however, progress in
privatization was very limited and collective bargaining did not occur.
As a result, there was no experience with negotiations that could be
described as adversarial between unions and private employers. The
State was still the major employer, and the state-appointed union
leaders did not view themselves as having conflicts of interest with
the State.
The Ministry of Labor and the Ministry of Finance, in consultation
with the CFTU, set the wages for various categories of government
employees. In the small private sector, management establishes wages or
negotiates them with those who contract for employment.
The trade union law does not mention strikes or cite a right to
strike; however, the law does give the unions oversight for both
individual and collective labor disputes, which are defined as those
involving alleged violations of labor laws, worker rights, or
collective agreements. There were no reports of organized strikes
during the year.
In August and September, bazaar vendors, who were not organized
into unions, held strikes throughout the country. The vendors were
upset about newly implemented tax laws and stall rental prices.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The Constitution
specifically prohibits forced or bonded labor except as legal
punishment or as may be specified by law. In addition, persons,
including teachers and sometimes passersby in automobiles and busses,
were forced to participate in the compulsory mobilization of labor for
the cotton harvest.
The law prohibits forced or bonded labor by children. However, the
large-scale compulsory mobilization of youth and students (by closing
schools) to help with the cotton harvest during the fall, continued to
occur in some areas. Student labor in the cotton fields was paid
poorly, and students sometimes were required to pay for their food.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum working age is 16 years; 15-year-olds can
receive state permission to work but must work a shorter workday. In
rural areas, younger children often helped to harvest cotton and other
crops (see Section 6.c.). The Labor Ministry has an inspection service,
which is responsible for enforcing compliance with these and other
regulations governing employment conditions.
The Government has not ratified ILO Convention 182 on the worst
forms of child labor.
The law prohibits forced and bonded labor by children. However,
compulsory mobilization of children, mostly in rural areas, did occur
during the cotton harvest (see Section 6.c.).
e. Acceptable Conditions of Work.--The Ministry of Labor, in
consultation with the CFTU, sets the minimum wage. By year's end, the
minimum wage was approximately $4.5 per month (4,500 soum). The minimum
wage did not provide a decent standard of living for a worker and
family. Average government salaries were approximately $16 (16,000
soum).
The standard workweek is set at 41 hours and requires a 24-hour
rest period. Some factories apparently reduced work hours in order to
avoid layoffs. Overtime pay exists in theory but was not always paid in
practice. Payment arrears of 3 to 6 months were not uncommon for
workers in state-owned industries, and the problem appeared to be
growing, including among government office workers and officials.
The Labor Ministry establishes occupational health and safety
standards in consultation with the unions. There is a health and safety
inspection directorate in the Ministry. The local press occasionally
published complaints about the failure of unions and government
authorities to do enough to promote worker safety. Although written
regulations may provide adequate safeguards, workers in hazardous jobs
often lacked protective clothing and equipment. Workers are permitted
to leave jobs that are hazardous without jeopardizing their
employability in other jobs; however, in practice, high rates of
underemployment made such action difficult.
f. Trafficking in Persons.--The law prohibits trafficking in
persons; however, trafficking in women and girls from the country for
the purpose of prostitution was a problem. One NGO reported that some
local officials were involved in trafficking on a limited basis.
The law prohibits all forms of trafficking, including of minors,
and provides for penalties, including prison sentences of 5 to 8 years
for international trafficking. Recruitment for trafficking is
punishable by 6 months to 3 years' imprisonment and fines of up to
approximately $750 (900,000 soum). The recruitment charge could be
levied against international or internal traffickers. All law
enforcement agencies are charged with upholding the anti-trafficking
provisions of the criminal code. The national police reported they were
investigating 20 cases of trafficking. Although there were no
prosecutions for trafficking reported, by year's end, the national
prosecutor's office reported there were 3 ongoing investigations.
The Government has taken some measures to combat trafficking in
persons, including passage of anti-trafficking laws. The national
police assisted in the formation of an antitrafficking NGO run by
retired police officers and dedicated to researching the issue. The
Ministry of Foreign Affairs reported that they assist women who contact
them for help. Border guards at airports were directed to give more
scrutiny to unaccompanied young women traveling to Turkey, the United
Arab Emirates (UAE), and South Korea; they are authorized to deny such
women permission to leave the country.
The country was a primarily source for the trafficking of women and
girls for the purpose of prostitution. There were no reliable
statistics on this problem; and it does not appear to be widespread,
although anecdotal reports from NGOs indicate that the number of young
women from Uzbekistan who are trafficked into prostitution abroad is
growing. Many women were unwilling to come forward due to both societal
pressure and the fear, in cases where they were trafficked, of
retaliation from their traffickers. There were credible reports that
women traveled to the Persian Gulf, Malaysia, South Korea, Thailand,
Turkey and Western Europe for the purpose of prostitution. Some transit
of trafficked persons from neighboring countries and to or from
countries for which Uzbekistan was a transportation hub (Thailand,
Malaysia, Indonesia, India, Korea, UAE) may also have taken place.
Traffickers most often targeted young women between the ages of 17
and 30. Agents in nightclubs or prostitution rings solicited these
women, many of whom previously engaged in prostitution. In large cities
such as Tashkent and Samarkand, newspaper advertisements for marriage
and work opportunities abroad were connected to traffickers. Travel
agencies promising tour packages and work in Turkey, Thailand, and the
United Arab Emirates (UAE) also solicited prostitutes. Women reportedly
were promised jobs as dancers or waitresses in nightclubs or
restaurants in the destination country. There were reports that in some
cases traffickers recruited women with fraudulent job offers and that
in some cases they may have confiscated travel documents once the women
reached the destination countries.
Some officials of the Ministry of Internal Affairs, Customs, or
Border Guards accepted bribes in return for ignoring their instructions
to deny exit to young women they believe to be traveling abroad to work
as prostitutes. One NGO reported that some local officials, operating
on a relatively small scale, were helping women to obtain false
passports in order to travel to Dubai to work as prostitutes.
There was no government program to educate or assist potential
victims. One NGO reported that the police had agreed to notify it of
any women returning from abroad who looked as though they might be
trafficking victims.
There was one NGO that specifically addresses trafficking. Other
NGOs attempted to gain information on the subject and in order to
combat trafficking in persons.
An increased number of targeted newspaper articles discussing
trafficked women and prostitution appeared in state controlled
newspapers; however, advertisements soliciting women's participation in
such schemes appear in these same publications. The state radio also
began airing a weekly call-in show for women who were involved in the
sex trade.
__________
FEDERAL REPUBLIC OF YUGOSLAVIA \1\
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\1\ The report on The Federal Republic of Yugoslavia (FRY) is
divided in three separate sections addressing the human rights
situations in Serbia, Kosovo, and Montenegro. Since federal authority
was exercised effectively only over the Republic of Serbia throughout
the year, discussion of FRY activities and institutions affecting human
rights will be included in the Serbia section.
---------------------------------------------------------------------------
The Federal Republic of Yugoslavia (Yugoslavia or FRY) is a
constitutional republic consisting of the Republic of Serbia and the
Republic of Montenegro. On February 4, 2003, the Yugoslav parliament
adopted the Constitutional Charter and Implementation Law, marking the
end of the Federal Republic of Yugoslavia and the beginning of the
state union of ``Serbia and Montenegro.'' Yugoslavia has a president
and a parliamentary system of government based on free and fair
multiparty elections. Vojislav Kostunica was elected President of the
Federation in September 24, 2000. Following governmental attempts to
tamper with the results of that election, a peaceful revolution forced
FRY President Slobodan Milosevic from power on October 6, 2000. In
Serbian Presidential elections in September, Kostunica led all
candidates but did not capture a majority of votes cast. Both the
October runoff and the new elections in December failed because less
than 50 percent of registered voters turned out to vote; a significant
portion of the electorate deliberately chose not to vote in order to
prevent Kostunica from winning under flawed election laws. Serbian
Parliament Speaker Natasa Micic became acting Serbian President on
December 30, pending presidential elections in 2003. Under the current
constitutional framework, the Federation encompasses the relatively
large Republic of Serbia (7.5 million people without Kosovo) and the
much smaller Montenegro (650,000). However in March, with the mediation
of the European Union (EU), Serbia and Montenegro negotiated the
Belgrade Agreement by which the two republics agreed to redefine and
recreate the joint state. This agreement established the guidelines for
creating a joint state of "Serbia and Montenegro." The Constitutional
Commission adopted the final text of the Constitutional Charter for the
Union of Serbia and Montenegro on December 29, but by year's end had
not agreed on necessary implementing legislation. The Montenegrin
government has refused to participate in many of the functions of the
Federal government and has acted unilaterally in several areas. The
Federal government presides over a weakened structure, with
responsibilities essentially limited to the Foreign Ministry, the
Yugoslav Military (VJ), the Customs Administration (in Serbia), civil
aviation control, and foreign economic and commercial relations.
Although President Kostunica enjoyed wide popular support, significant
power was concentrated at the republic level. In Serbia Prime Minister
Zoran Djindjic exercised executive authority. Djindjic also has
represented Serbia in discussions and negotiations with the
international community. The Constitution provides for an independent
judiciary, but both the federal and the republic judiciaries were often
ineffective and subject to political influence.
While civilian authorities generally maintained effective control
of the security forces, there were some instances in which the security
forces acted independently of government authority. The VJ is formally
under the control of the Supreme Defense Council, made up of the
Presidents of Yugoslavia, Serbia, and Montenegro. However, in practice
the VJ Chief of Staff reported directly to the President of Yugoslavia,
and was subject to only symbolic parliamentary oversight. The Federal
government also controlled a small police force for security of federal
buildings, officials, and some border enforcement. The Interior
Ministry of the Republic of Serbia controlled the Serbian police, a
force of approximately 25,000 officers responsible for internal
security, border checkpoints, and fire department services. The
Ministry of Interior also controlled a 400-member gendarmerie and a
100-member anti-organized crime unit. In April the Law on Security
Services transferred control of the State Security (RDB) secret police
from the Serbian Ministry of Interior to the Serbian government as a
whole--in effect to the control of the Prime Minister. Although the
police leadership changed after the October 2000 revolution, most
police personnel, including some high-level officials, also served
under former President Milosevic. Some members of the security forces
committed human rights abuses.
Economic performance remained weak due to structural deficiencies,
general inefficiency, and deterioration of capital and trade ties
following a decade of isolation, economic sanctions, and war. According
to the 2002 census, Serbia's population (without Kosovo) was 7,478,820
and per capita gross domestic product (GDP) was approximately $1,020.
GDP was expected to grow by 4 percent, fueled by a slight recovery of
industrial production. Lack of purchasing power, high unemployment and
underemployment restricted consumption. Unemployment was estimated at
approximately 30 percent. The general level of corruption in society
remained high and impacted economic efficiency. The Government's
economic reform program helped improve the health of the banking sector
and maintained a fragile macroeconomic stability. Inflation declined
sharply from 38 percent in 2001 to an expected 15 percent at year's
end. The private sector was widely evident throughout the country. The
privatization of socially owned capital moved forward through
accelerated auction privatization of 300 companies. The Government made
$160 million in revenues through recent tender privatization. Foreign
aid was an important source of government revenue, and the Government
used it to repair infrastructure and to care for a large population of
refugees and internally displaced persons (IDPs).
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police at times
beat detainees and harassed citizens, particularly Roma; however,
police behavior improved somewhat following the December passage of the
new Law on Criminal Procedure and its implementation in March. Police
produced no results in investigations of many high-level killings
committed during and after the Milosevic era. Arbitrary arrest and
detention was a problem, although no longer a systemic problem.
The judiciary continued to be susceptible to political influence;
poor cooperation between the judiciary and other government branches
slowed the implementation of legislative reforms. Courts remained
administratively paralyzed; corruption and incompetent judges remained
a problem, and lengthy trials persisted. Direct police pressure on the
media ceased, but libel suits from private individuals and indirect
political manipulation contributed to self-censorship among
journalists. The April Law on ICTY Cooperation resulted in some
voluntary surrenders of indictees and the arrest and transfer of one
indictee to The Hague. The Government transferred some documents to the
ICTY and gave waivers for witnesses to testify on Senate matters.
However, the ICTY remained dissatisfied with overall Yugoslav
cooperation.
There were several incidents of societal violence or discrimination
against religious minorities. Violence and discrimination against
women, Roma and other ethnic minorities were problems. Trafficking in
women and children remained a problem, which the Government took steps
to address. Yugoslavia was invited by the Community of Democracies'
(CD) Convening Group to attend the November 2002 second CD Ministerial
Meeting in Seoul, Republic of Korea, as a participant.
The overall human rights record demonstrated that direct and
systematic government oppression of citizens gradually came to an end
during the consolidation of Yugoslav democracy that has occurred since
2001. The Government found solutions to several significant problems
inherited from the former regime. All ethnic Albanian political
prisoners were transferred from Serbian jails to Kosovo, where they
were freed. The Government established a multiethnic police force in
areas of significant tension and, for the first time, conducted free
and fair elections in majority Albanian parts of southern Serbia.
Courts issued indictments and conducted trials against Serbs for war
crimes committed in Kosovo and Bosnia. By year's end, five war
criminals had been convicted and sentenced, two were still on trial,
and four were under indictment. Passage of the Minorities Law
protecting the rights of Yugoslavia's numerous ethnic groups fulfilled
a major human rights requirement of the Council of Europe (COE), which
on September 24 voted overwhelmingly to admit Yugoslavia following the
ratification of the Constitutional Charter.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of political killings committed by the Government or its
agents.
The region of southern Serbia that borders Kosovo and encompasses
the municipalities of Presevo, Bujanovac and Medvedja has the largest
concentration of ethnic Albanians in Serbia proper. Following violent
clashes between security forces and ethnic Albanian rebels of the
Liberation Army of Presevo, Medvedja and Bujanovac (UCPMB), a peace
plan agreed in May 2001 between the Government and rebels continued to
hold. Since the peace plan was signed, Serbian security forces have
moved freely within the Ground Safety Zone (GSZ) along the Kosovo
boundary. Unlike in previous years, the GSZ was not a haven for armed
ethnic Albanian extremists. Security forces killed one ethnic Albanian,
Agim Agusi, a known smuggler. A VJ patrol spotted Agusi on June 9 while
he was attempting an illegal border crossing near the village of
Miratovac and fatally shot him after he refused VJ calls to stop. The
Government issued a statement regretting the loss of life, and
announcing an inquest into the shooting. Upon investigation, no charges
were filed against the soldiers involved in the shooting.
In Belgrade suspicious circumstances surrounded the January death
of Dejan Petrovic in police custody. Police officers claimed that
Petrovic, allegedly a heroin user, jumped to his death from a high
window of the station even though Petrovic's hands were cuffed at the
time. The Belgrade Deputy Prosecutor had not decided whether to file
charges against the police by year's end.
There were no developments in police investigations of numerous
cases of political killings from previous years. These cases include:
the August 2001 killing of former State Security officer Momir
Gavrilovic; the November 2000 killing of Nebojsa Simeunovic, a former
criminal judge; the April 2000 killing of Zivorad Zika Petrovic, the
former Director of Yugoslav Airlines; the February 2000 killing of
Pavle Bulatovic, the former Yugoslav Minister of Defense; the April
1999 killing of independent journalist and publisher Slavko Curuvija;
and the 1997 killing of Radovan Stojicic, former head of Serbian public
security.
In southern Serbia, ethnic Albanian extremists made several attacks
on police installations, including attacks with hand grenades,
automatic weapons and a land mine in which two Yugoslav soldiers were
injured. Ethnic Albanians were purportedly involved in several other
violent attacks. Police prevented attempts to place bombs in front of
the Bujanovac post office and in the Bujanovac sewer system and
arrested four ethnic Albanian youths in connection to the incident. On
March 15, the last Serb house in the ethnic Albanian village of Lucane,
Bujanovac Municipality, was destroyed by an explosion. In addition,
security forces seized several caches of buried rebel arms. There were
several attacks on family members of ethnic Albanian participants in
the Multi-Ethnic Police Force (MEPF). In the most serious of these
attacks, on April 4, Xhemaili and Ramize Rexhepi of Dobrosin (Bujanovac
Municipality) were gravely injured when a hand grenade was lobbed into
the bedroom window of their home.
On June 10, assailants killed former Belgrade police chief Bosko
Buha. On October 29, police arrested three individuals in connection
with the killing.
The trial of former State Security Service head Rade Markovic for
the October 1999 attempted killing of opposition leader Vuk Draskovic
that resulted in the deaths of four persons was still ongoing at year's
end.
Government authorities made substantial progress in exhuming bodies
and establishing procedures for identifying missing persons. In 2001
the Federal and Serbian governments revealed the existence of mass
graves containing bodies presumed to be those of ethnic Albanians
killed in Kosovo and transferred to mass graves in Serbia in 1999.
During 2001 the Government also cooperated with international
organizations and the International Commission on Missing Persons
(ICMP) in exhuming approximately 450 bodies. During the year, the
Government and ICMP exhumed 408 bodies from 7 different grave sites,
including bodies of war victims that had floated down the Danube and
Drina rivers (see Section 1.b.).
Former FRY and Serbian President Slobodan Milosevic went on trial
at the ICTY (see Section 4).
Domestic war crimes indictments and trials began in Serbia during
the year. On October 23, the Belgrade District Prosecutor charged four
former members of the Bosnian Serb ``Avengers'' paramilitary for
abducting, torturing, and killing 16 Muslims from the Serbian town of
Sjeverin in October 1992. Police took two of those indicted, Dragutin
Dragicevic and Djordje Sevic, into custody pending trial; two other
indictees, ICTY indictee Milan Lukic and Oliver Krsmanovic, remained at
large, possibly in the Republika Srpska. On October 9, former Serbian
Police Special Anti-Terrorist Unit (SAJ) squad member Sasa Cvjetan went
on trial in Prokuplje District Court for killing 19 ethnic Albanians in
Podujevo, Kosovo, in March 1999. The Prokuplje Court also tried in
absentia an unapprehended SAJ squad member, Dejan Demirovic, for
committing the killings along with Cvjetan. On November 9, citing
concerns about security, fairness of proceedings, and access to ethnic
Albanian witnesses, the Serbian Supreme Court transferred the trial
from Prokuplje to Belgrade District Court, where proceedings were
scheduled to resume in January 2003.
On October 11, the Nis Military Court sentenced four VJ personnel
to a total of 19 years in prison for killing two ethnic Albanian
civilians in the Kosovo village of Kusnin in April 1999. The military
court convicted VJ privates Danilo Tesic and Misel Seregi of physically
committing the killings; Lt. Colonel Zlatko Mancic and Captain Rade
Radojevic were convicted for having authorized the killings. On July 1,
the Prokuplje District Court sentenced VJ reservist Ivan Nikolic to 8
years in jail for killing two ethnic Albanian civilians in the Kosovo
village of Penduh in May 1999.
On May 10, the Serbian Republic government provided important
documents to the District Court of Bjelo Polje, Montenegro, in the war
crimes trial of former ``Avengers'' squad member Nebojsa Ranisavljevic
for participating in the killing of 19 mostly Muslim Yugoslav citizens
kidnaped from a train at the Strpci station in February 1993. On
September 9, Ranisavljevic was sentenced to 15 years in prison. The
Serbian government released long-sought secret documents showing that
high-level officials in the Serbian railway and the Serbian Interior
and Justice Ministries at the least had foreknowledge of the danger
faced by the Muslim passengers and did nothing to protect them. On
September 9, the Bjelo Polje court sentenced Ranisavljevic to 15 years
in jail for participating in the killings (see Montenegro, Section
1.a.).
b. Disappearance.--There were no reports of politically motivated
disappearances.
In August the media reported that, during the last 15 years,
midwives and doctors conspired to kidnap numerous babies at the time of
their birth, telling the parents that the babies were stillborn or died
during birth. Criminal rings then sold the kidnapped babies to families
who believed they were legitimately adopting children. The criminal
rings allegedly favored stealing individual babies from sets of twins,
since the parents of twins were supposedly more willing to accept the
loss. The media reports were sparked by instances in Kragujevac,
Belgrade, and Novi Sad of parents recognizing children they believed to
have been dead for years. Approximately 100 mothers who believe their
babies may have been stolen have formed an association to demand police
action.
There were no developments in the 2000 disappearance of former
Serbian President Ivan Stambolic.
During the year, Federal and Serbian government authorities
intensified cooperation with neighboring countries and international
organizations seeking to identify missing persons and investigating
mass graves discovered in Serbia (see Section 1.a.).
The Government also took a series of official steps to establish
region-wide identification procedures for the remains of missing
persons. In January the Serbian Health Ministry granted ICMP permission
to collect blood samples from families of missing persons in Serbia. In
February the federal government signed protocols with UNMIK
establishing procedures for exchanging forensic data and expertise,
verifying that no hidden prisons existed in either Serbia or Kosovo,
and authorizing the cross-border repatriation of all Serb and Albanian
remains. In June the FRY government authorized the transfer of blood
and DNA samples from Yugoslavia to the ICMP regional database in Tuzla,
Bosnia; this allowed the immediate transfer of all blood samples
collected in 2001 to Tuzla for bar-coding and testing. In August the
FRY hosted the first regional meeting of governmental Missing Persons
committees from Croatia, Bosnia, and the Republika Srpska to agree on a
joint monitoring process in Sremska Mitrovica. On September 10, the FRY
and Serbian governments officially opened an ICMP-donated, Serb-
operated DNA identification lab at the University of Belgrade.
There were no developments in police investigations of the
transfers and reburials of the bodies buried at Batanjica and other
grave sites. At year's end, the Government had not yet begun searching
for bodies thought to be located at the bottom of Lake Perucac and
under a highway near Vranje.
In October 2001, Serbian police positively identified the remains
of Agron, Ylli, and Mehimet Bytyci, Americans of Kosovo Albanian
ethnicity who disappeared in 1999 after being delivered from a Serbian
prison into the hands of unidentified Serbian police officers. Forensic
examination confirmed that the three brothers were shot in the heads
while their hands were bound with wire. The Serbian government
transferred the remains to family members for burial on February 26.
Despite a strong chain of evidence, there were no developments in the
police investigation at year's end.
c. Torture, and Other Cruel, Inhuman or Degrading Treatment or
Punishment.--Yugoslav and Serb laws prohibit torture and other cruel
forms of punishment, and there were no reports of systematic abuse;
however, police at times beat citizens and detainees, particularly Roma
(see Section 5).
Instances of police harassment of ethnic Albanian in southern
Serbia continued to decline dramatically. The improvement can be
credited largely to the deployment of the 400-member Multi-Ethnic
Police Force throughout Southern Serbia (see Section 5).
On October 27 in separate incidents, unidentified men thought to be
police illegally detained and beat Nikola Maljkovic and Dragan Ilic
before delivering them into regular police custody. Majlkovic and Ilic
had been identified as suspects in the Bosko Buha killing (see Section
1.a.); both were hospitalized following the beatings. On August 18, in
Vranje, police severely beat Nenad Tasic, who sustained broken ribs, a
punctured lung, and severe brain damage. The Humanitarian Law Center
filed suit and the Vranje Public Prosecutor has taken up the case. On
March 16, Belgrade police beat several students while shutting down a
late night party, then drove Milan Milovanovic to another location,
where they beat him before releasing him. On March 5, Leskovac police
reportedly clubbed a handcuffed Roma man, Nebojsa Majlic, causing him
to lose consciousness; afterwards, the police filed criminal charges
against Majlic for interfering with police performance of duty. The
Majlic case was one of more than 100 cases of alleged police abuse in
Leskovac reported by the Leskovac-based Committee for Human Rights.
There were no effective institutional means of overseeing and
controlling police behavior, and the Government offered no assistance
other than the courts for citizens with complaints about police
behavior. However, defense attorneys and human rights workers reported
some improvement during the year in the willingness of the police and
the courts to take action in cases of police abuse. According to
figures provided by the Serbian Ministry of Interior (MUP), the MUP
initiated 649 disciplinary proceedings during the year, resulting in 27
arrests of policemen, 122 criminal complaints, 73 resignations, and 93
suspensions. Typically there were long delays in opening investigations
and filing formal charges. Punishment for police officers rarely
exceeded 6 months' imprisonment, meaning that police officers found
guilty of abusing human rights were usually able to rejoin the police
force after convictions. On November 1, a Novi Sad municipal court
ordered the Republic of Serbia to pay compensation to Stevan Dimic, a
Roma man unlawfully arrested and tortured by Novi Sad police in July
1998. On July 8, a Belgrade municipal court sentenced two police
officers to three months in jail each for severely torturing a Roma
man, Krsta Kalinovic, in 1998. On June 13, the Vrsac Municipal Court
convicted two police officers of beating and torturing Georg Tani in
2000.
Some police and local border guards facilitated trafficking in
persons. No police or border police personnel were arrested during the
year for facilitating trafficking in persons (see Section 6.f.).
In August members of the Serbian nationalist group Obraz assaulted
two organizers of a photographic exhibition displayed in Cacak. The
exhibition, ``Blood and Honey,'' featured photographs documenting
abuses committed by Serb forces during the Bosnian war. Following this
episode, the exhibition was cancelled in several cities, including Nis
and Kragujevac. Cacak police charged Obraz leader Igor Ivanovic with
assault; the trial began in Cacak municipal court on September 10.
Later in September, ``Blood and Honey'' opened in Novi Sad under heavy
police protection.
Prison conditions generally met international standards. Prison
conditions have improved following a decade of Milosevic-era neglect
that culminated in widespread prison riots in November 2000. The
Council of Europe (COE) judged that Yugoslav prisons either met minimum
standards for COE membership or, in those areas that were deficient,
would meet COE standards within one year. However, conditions varied
greatly from one facility to another because of dilapidated buildings
and lack of government funds for repairs. The Helsinki Committee for
Human Rights noted that some prisons offered clean, secure environments
for inmates; however, in some prisons--most notably, the Belgrade
Reformatory Hospital housing psychiatric prisoners--inmates were forced
to live in filthy, inhumane conditions. The quality of food varied from
poor to minimally acceptable. Health care was often inadequate. Basic
educational and vocational training programs were in place at most
prisons, but they were limited by lack of resources. The level of
training for guards was inadequate, and guards received extremely low
pay.
There were no reports of deaths due to official negligence, and no
reports of physical abuse, torture, or beatings of prisoners by guards,
although some prisoners complained that individual guards often gave
preferential treatment to favored prisoners. Some inmates complained
that other inmates subjected them to intimidation and occasional
assaults. There were no internationally recognized political prisoners
remaining in Serbian jails following the March transfer of all Kosovo
Albanian prisoners (see Section 1.e.), including political prisoners
and common criminals, to UNMIK custody in Kosovo. Men and women were
held separately, and conditions in women's prisons were the same as in
men's prisons. Juveniles were supposed to be held separately from
adults, although this did not always happen in practice. Pretrial
detainees were held separately from convicted prisoners. Prisoners were
not allowed to vote in the Serbian presidential elections in September
and October.
The Government permitted visits by the International Committee of
the Red Cross, the Organization for Security and Cooperation in Europe
(OSCE), and the Council of Europe. The Government also allowed local
independent human rights monitors, including the Humanitarian Law
Center (HLC) and the Helsinki Committee, to visit prisons throughout
the country and to speak with prisoners without the presence of a
prison warden.
Some witnesses and potential witnesses at ICTY experienced threats
and intimidation in Serbia. In October Belgrade journalist Jovan
Dulovic's family received threatening phone calls while Dulovic
testified against Slobodan Milosevic. ICTY subsequently closed the
hearings after the FRY government expressed its concern. In August a
former police officer who had offered to testify at ITCY about
atrocities he witnessed in Kosovo was forced to flee the country after
repeated telephone threats against him and his family.
d. Arbitrary Arrest, Detention, or Exile.--The Constitution
prohibits arbitrary arrest and detention, and the Government generally
observed these prohibitions. The new federal Criminal Procedure Code
that took effect in March created strong regulations protecting the
rights of detained and accused persons (see Section 1.e.), including
prohibitions against excessive delays by authorities in filing formal
charges against suspects and in opening investigations.
A new federal Criminal Procedure Code (ZKP) enacted in December
2001 entered into effect in March. According to the Belgrade Center for
Human Rights, the ZKP provided better human rights guarantees to
suspects and defendants in criminal proceedings than the previous
criminal code. In October both HLC and the Yugoslav Lawyers' Committee
for Human Rights (YUCOM) reported that, in spite of occasional abuses,
police generally acted in accordance with the regulations introduced by
the new ZKP. The ZKP mandates that a citizen can be arrested only with
a judge-authorized warrant. Police must refer an arrested suspect
immediately to an investigating judge, who must approve any detention
of more than 48 hours. Arrested persons must be informed immediately of
their rights, including the right to confidential conferences with a
lawyer. No suspect can be detained for more than 3 months without the
decision of a judge, and no one can be detained for more than a total
of 6 months. The ZKP prohibits the use of force, threats, deception,
coercion, and prohibits courts from using evidence acquired by those
means. A suspect may make a statement only in the presence of counsel.
The ZKP restricts the time from indictment to the conclusion of first
instance trial to two years; appeals to second instance courts must be
completed within one further year. Only the competent court can take a
person into custody, and only in the cases it specifies. A person
wrongfully detained can demand rehabilitation and compensation from the
State. Bail was available. Due to the inefficiency of the courts, cases
often took excessively long to come to trial; and, once started, trials
often took excessively long to conclude.
On February 24, Belgrade police illegally detained Miroslav Gajic
overnight in a solitary confinement cell. The next morning a magistrate
apologized to Gajic and said that he had been unlawfully detained.
Unlike in previous years, there were no reports of police detaining
journalists or NGO members for ``informative talks.''
The Government released all remaining political prisoners on March
26. No internationally recognized political prisoners or political
detainees remained in Serbian jails (see Section 1.e.).
The Constitution prohibits forced exile, and the Government did not
employ it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the courts remained susceptible to
corruption and political influence, although to a far lesser degree
than under the former Milosevic government. The courts were highly
inefficient--cases could take years to resolve--and there were no
official channels for alternative dispute resolution. The Serbian
government and judiciary made little progress in implementing the
extensive organizational reforms mandated in the November 2001 laws on
courts, judges, public prosecution, and High Judicial Counsel. With
international help, the Serbian Judges' Training Center organized
educational programs offered throughout the country. International
organizations and local NGOs like HLC and the Belgrade Center for Human
Rights (BCHR) also conducted training for judges during the year. In
August the Government raised regular judges' salaries to a base salary
of approximately $500 per month (30,000 dinars).
The court system is made up of local, district, and Supreme Courts
at the republic level. The 2001 Law on Courts mandates the
establishment of an administrative appeals court and a second instance
appeals court to lighten the burden of the Supreme Court; however, due
to lack of funds and bureaucratic inertia, no new courts were
established by year's end. On the federal side, there is a Federal
Court and a Federal Constitutional Court to which Republic Supreme
Court decisions, depending on the subject, may be appealed.
The military court system inherited from the Tito era presents
little transparency in its operations. Under the terms of the federal
Constitutional Charter approved by the Federal Constitutional
Commission on December 29, military courts are scheduled to be taken
over by the civilian judiciary in the first half of 2003. However, at
year's end the legislation needed for implementing the charter had not
yet been passed. According to the Federal Constitution, the Federal
Constitutional Court rules on the constitutionality of laws and
regulations and relies on the republics' authorities to enforce its
rulings. The Constitutional Court remained staffed by some judges
appointed during the Milosevic regime. A majority of judges on the
Serbian Supreme Court were Milosevic appointees.
The Law on Judges mandates that judges have lifetime tenure with
mandatory retirement at age 65. The Law on Courts establishes a Supreme
Court-dominated High Judicial Council to appoint judges and public
prosecutors; the law also creates another primarily judicial body, the
High Personnel Council, which acts to discipline and dismiss judges.
However, these self-governing judicial bodies did not begin functioning
during the year, and the Serbian judiciary remained at a standstill in
regard to appointments and discipline of judges.
In November and December, the Serbian Public Prosecutor submitted
all public prosecutors, deputy prosecutors, and staff to review for
general competency and previous conduct, including during the Milosevic
era. The result was that approximately one-third of Serbian Public
Prosecution personnel were dismissed or forced into retirement by the
end of the year.
Although the Government dismissed all court presidents following
the October 2000 revolution, most Serbian judges were Milosevic-regime
appointees. During the year, the Government exerted intense pressure on
the courts for dismissal of judges who profited illegally or subverted
legal order under Milosevic. In June Serbian Justice Minister Vladan
Batic attacked leading judges in the press and brought television crews
unannounced into courthouses to dramatize his claim that many judges
ignored their duties. However, the reformist leadership of the
judiciary resisted government pressure, arguing that the principles of
judicial independence and due process were more important than getting
rid of the judges with speed, even if they were guilty of abuses under
Milosevic. In July the Serbian parliament passed amendments to the
judicial laws giving a parliamentary judicial committee the power to
bypass the judicial branch in nominating, appointing, and dismissing
judges and court presidents; however, the Constitutional Court struck
down the amendments because they violated the independence of the
judiciary. There were no trials of former court presidents or judges
who committed abuses during the Milosevic regime.
Under Federal law, defendants have the right to be present at their
trials and to have an attorney represent them, at public expense if
needed. The courts also must provide interpreters. Both the defense and
the prosecution have the right to appeal a verdict. Defendants are
presumed innocent.
In July the Serbian parliament passed the Law on Suppression of
Organized Crime, creating a semi-independent Special Prosecutor, a
special police investigative unit, specialized court chambers, and a
dedicated detention unit. The Special Prosecutor's competencies include
war crimes as well as organized crime. Some human rights activists have
expressed concern that the special police force's expanded powers to
investigate and detain suspects could lead to abuse. Changes to the
federal Law on Criminal Procedure allowing for implementation of the
Special Prosecutor law were passed in December.
The Federal Criminal Code was still in effect, although it was
amended several times since 2000.
In April the VJ reported that military courts had tried 188 active
duty VJ members and had filed charges against an additional 42 for
crimes committed in Kosovo. According to the VJ, 15 cases were still
under investigation. The VJ also reported that it had ceded cases
against 137 former VJ members to civilian courts. These were criminal
indictments rather than war crimes indictments that included: Murder,
rape, and armed robbery.
All internationally recognized political prisoners held in Serbian
jails were released during the year, bringing to an end the controversy
following the transfer of approximately 2,000 ethnic Albanian prisoners
to Serbia during NATO's bombardment of Kosovo in 1999. Following the
terms of the November 2001 ``Common Document'' on Kosovo cooperation
signed by the FRY government and UNMIK, international panels of judges
examined the cases of all ethnic Albanian prisoners held in Serbian
jails and all Serbian prisoners held in UNMIK jails. Serbian prisoners
in UNMIK custody were given the option of transferring to prisons in
Serbia. On March 26, the FRY government authorized the Serbian
government to transfer 146 ethnic Albanian prisoners from Serbian jails
to UNMIK custody. Those released included 89 common criminals and 57
``political prisoners'' who were convicted of terrorism and anti-
government activities in flawed trials from 1998 to 1999. UNMIK
authorities immediately freed all political prisoners and a majority of
the common criminals. Two Kosovo Albanian common criminals elected to
remain incarcerated in Serbia at their own request due to fears for
their safety among other ethnic Albanians in UNMIK prisons; UNMIK
interviewed the two and verified that they made their decisions
voluntarily.
On July 14, Serbian police arrested Taljif Aljetic, an ethnic
Albanian traveling through Serbia from northern Europe to Kosovo.
Aljetic was charged with ``hostility to the state.'' According to the
agreement between UNMIK and the FRY, Aljetic and any other Kosovo
Albanian prisoners held in Serbia had the option of transferring to
UNMIK custody. The Serbian Justice Ministry was excessively slow in
processing Aljetic's transfer, which took place in December. Two other
ethnic Albanians convicted of common crimes--Saban Mujovic and Gezi
Hotovic--were also transferred to UNMIK custody in December.
Amnesty for former members of the UCPMB, an integral part of the
Covic Plan for peace and ethnic re-integration in Southern Serbia, has
been respected in practice since the plan's adoption in May 2001. In
June this amnesty was given the status of Federal Law.
There were no developments in the case of 24 Bosniak Muslims whose
1993 political convictions of crimes against the state were returned
for review by the Supreme Court in 1996. The accused all lived freely,
but while waiting for the charges to be cleared they were forced to
live under the stigma of their earlier conviction, unable to exercise
some basic rights of citizenship such as possession of a passport.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however, the
Government at times infringed upon these rights in practice. Federal
law gives the Federal Ministry of the Interior control over the
decision to monitor potential criminal activities; Republic-level laws
give the Republic Ministries of the Interior the same control. The
Federal Constitution includes restrictions on searches of persons and
of premises; similarly, under the Serbian Constitution, police must
enter a premise with a warrant, or if no warrant is obtained, they may
only enter in order to ``save people and property.'' Both the Federal
and Republic governments generally respected these provisions in
practice, with occasional exceptions.
Although there was no direct evidence, some observers believed that
the authorities selectively monitored communications and eavesdropped
on conversations, read mail and e-mail, and wiretapped telephones.
Members of political factions, with no direct evidence, accused other
factions of using secret police and intelligence units to eavesdrop on
them to gain political advantage. Although illegal under provisions of
Federal and Serbian law, the Serbian post office also was believed by
some to register and track suspicious mail from abroad.
The Government did not fulfill its promise to open to the public
all secret files on persons collected under former regimes. The few
files actually delivered to individuals who requested them had been
cleansed of documents that might have contained sensitive reporting on
the individuals.
The Government did not use forced resettlement; nor did it
interfere in the spheres of family, appearance, or religious practice.
The federal law requiring military service was not enforced during the
year, and there were no forced conscriptions.
During the year, the authorities forcibly evicted a number of Roma,
including children, from squatter settlements without offering them any
alternative accommodations (see Section 5).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Federal law provides for freedom
of speech and of the press; however, political pressure from various
factions, an uncertain regulatory environment, and vulnerability to
libel suits placed constraints on free expression by journalists,
editors, and other individuals associated with the media.
In October 2000, the Government abolished the Law on Public
Information, which former President Milosevic used to silence the
independent media during the Kosovo crisis. In July the Serbian
Parliament passed the Law on Broadcasting, creating a regulatory
framework designed to foster free and independent media; however, the
law had been only partially implemented by year's end.
Some observers believed that the continued lack of clear guidelines
created an atmosphere unfriendly to free expression. Media independence
remained a problem. Political parties continued to compete for position
and influence in the media; and some media outlets clearly attempted to
curry favor with the Government in hopes of receiving favorable
treatment once new media reform laws are adopted. Some media outlets
practiced self-censorship and were reluctant to report on crimes
perpetrated during the wars in Bosnia, Croatia, and Kosovo. Television
coverage of the Milosevic trial at ICTY tended to be sketchy or
defensive, with the notable exception of Radio/TV B-92, which broadcast
the proceedings live.
Selective privatization of media during the Milosevic era has left
the country with a mixture of privately owned and government-owned
media outlets. Tanjug was the state-owned news agency. The Government
also owned Borba, which controlled one of the most important printing
houses in the country, and published the dailies Borba, Sport, and
Vecernje Novosti. The oldest nationwide daily, Politika, was run by
several state-run companies and was influenced by the Government. The
independent daily Danas and the weeklies Vreme and Nin supplemented the
high-circulation tabloids Blic and Glas Javnosti for readership.
Two major independent TV stations, BK and TV Pink, which received
advantageous treatment, including frequencies, under the Milosevic
regime, had widespread coverage; TV Pink expanded into Montenegro
during the year. The Government granted Radio/TV B-92 a temporary
license to broadcast nationally pending the final allocation of
frequencies. B-92 set up new transmitters to make itself a national
channel that could compete with TV Pink and BK. Anticipating
competition from B-92 in upcoming bids for national frequencies, TV
Pink and the Montenegrin weekly Publika launched a brief but intense
smear campaign against B-92's directors in October. TV Pink, the most
widely watched station in the country, has shown editorial bias in
favor of the Government since 2000.
State-controlled Serbian Television and Radio (RTS) was a major
presence in television and radio. Aside from the three RTS channels,
the State had considerable influence, although not formal control, over
the major television stations: TV Politika, TV Novi Sad, and YU INFO,
as well as Radio Belgrade's three stations. RTS's coverage was
generally objective; however, it occasionally demonstrated some biases
in favor of certain political parties. Management personnel could be
politically influenced, since editors-in-chief were government-
appointed. The Government funded a Hungarian language newspaper, and
RTS provided some Hungarian language programming.
Libel remained a criminal offense. Though the Government itself did
not use libel laws to suppress free expression in the media, the low
threshold defining libel enabled former members of the Milosevic regime
and government officials to win private cases against media outlets
that criticized them. Libel can result in jail terms, and courts have
the power to issue ``conditional sentences'' that silence offending
journalists with the threat that any further offense will lead to
immediate imprisonment. However, there were no reports of ``conditional
sentences'' being issued to journalists. On May 14, Kikindske Novine
editor-in-chief Zeljko Bodrozic was convicted of libel for reporting on
the business deals of former Milosevic associate Dmitar Segrt. On
September 25, the Kragujevac municipal court convicted journalist
Gordana Bozic of libel for investigative reporting on shady deals
involving political parties and youth organizations. In September
businessman Dragan Tomic began libel proceedings against RTS reporter
Dragana Vasiljevic for the offense of reading on the air Tomic's
official bank statements. On October 14, Democratic Party member
Radisava Ljubisaljevic initiated libel proceedings against B-92 for
broadcasting public statements made by various political parties about
Ljubisaljevic.
The Government did not censor the media directly during the year.
There were no reports of police stopping journalists for ``informative
talks.'' There was debate among some journalists about whether the ICTY
infringed upon confidentiality rights in requiring selected journalists
to testify at The Hague.
Journalists commonly practiced self-censorship. According to the
HLC and BCHR, journalists censored themselves not for fear of offending
the Government, but because of possible libel suits and fear of
offending public opinion, particularly on subjects relating to wars in
the former Yugoslavia.
Local authorities occasionally harassed journalists and sometimes
had the power to dismiss journalists from posts in publicly owned media
outlets. On October 12, Cacak mayor Velimir Ilic, enraged by critical
reports broadcast on TV Cacak, telephoned insults to the anchorwoman
and other reporters; Ilic and his bodyguards then appeared at the
station and he continued the tirade, which included misogynist slurs
against the anchorwoman. The director of TV Cacak resigned after the
incident. On September 23, the Pirot Municipal Council announced that
it would fire the editor and reporters of the local Sloboda Media
Company for criticizing the actions of local authorities. In Leskovac
the state-appointed editor-in-chief of the newspaper Nasa Rec
threatened to dismiss three reporters for failing to sign a labor
contract that expanded the editor's control of the paper. In October
Vojvodina Assembly President Nenad Canak called a journalist at
regionally owned Novi Sad Radio 021 and threatened to fire the editor
for remarks made on the air.
There were no reports of extremist groups targeting journalists
during the year. Blic News editor Zeljko Cvijanovic received numerous
telephone threats in May after publishing articles on the Surcin
organized crime clan's control of certain Serbian roadwork contracts.
According to Belgrade's Association of Independent Electronic Media
(ANEM), police did not attempt to find the source of the threats.
The Government did not restrict publishing or import of published
materials; however, some religious groups complained that they were
prevented from importing proselytizing literature beyond a government-
set threshold (see Section 2.c.).
The Government did not restrict access to the Internet; however,
there were reports that it selectively monitored e-mail correspondence
(see Section 1.f.).
The Government did not restrict academic freedom. In April the
Serbian parliament passed a new Law on Universities designed to protect
universities from political interference. The law restored the
Education Council (Prosvetni Savet) abolished by Milosevic in 1990. The
Education Council, a republic-level expert body or board of regents
answerable to the parliament, sets general university policy, makes
some administrative decisions, and determines general curricular goals.
According to the law, university rectors and faculty deans will be
selected by an academic body, the Scientific-Educational Council
(Naucno-Nastavno Vece), without interference from the Ministry of
Education. The law also provides for participation of student
organizations in determining certain aspects of university policy.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. The Government required
private organizations to register; however, no problems with
registration were reported during the year. Demonstrating groups were
required to notify the police at least 24 hours in advance of the
demonstration.
c. Freedom of Religion.--Federal and Republic laws provide for
freedom of religion and Federal and Serbian governments generally
respected these right in practice. There was no state religion;
however, long-established religions, including the majority Serbian
Orthodox Church, received some preferential consideration. The
Government did not interfere in the public or private practice of
religion.
Religious groups are required to apply to the Federal Ministry of
Religious Affairs for registration. A new Federal Law on Religious
Freedom that would require that religious groups register with the
Federal Secretariat for Religious Affairs or the Federal Ministry of
Interior had not passed by year's end.
The Jehovah's Witnesses reported that Serbian authorities limited
the amount of literature they were allowed to import into the country;
they claimed the amount they were permitted to import was insufficient
for the missionary activities of the 8,000 members and friends of the
community. The Jehovah's Witnesses also reported difficulties in
acquiring land and approval for church construction and in obtaining
visas for missionaries. Representatives of the Church of Christ claimed
that Protestants had experienced difficulty in purchasing a building to
be used for a soup kitchen. The Church of Jesus Christ of Latter-Day
Saints complained that the Government did not grant special visas to
missionaries, who had to leave the country every three months to renew
their visas.
According to the Law on Religious Freedom, primary and secondary
school students are required to attend classes on one of seven
``traditional religious communities.'' As an alternative to this
requirement, students were allowed to substitute a class in civic
education.
In 2001 the VJ announced its intention to introduce Orthodox,
Catholic and Muslim religious leaders into military units. At year's
end, only Serbian Orthodox clerics had been introduced.
Representatives of Belgrade's Islamic Community reported difficulty
in acquiring land and government approval for an Islamic cemetery near
the city.
The attitudes of ethnic groups in the region historically have been
influenced strongly by religion, and most instances of ethnic
discrimination have had at least some religious roots. There were
instances of harassment and societal discrimination against some
religious minorities, including the Catholic minority in Vojvodina.
Novi Sad police failed to respond to repeated complaints by members
of the Muslim Gujak family, that over a period of three years they had
been threatened, insulted, and on one occasion assaulted by their Serb
neighbor, Momir Vujic. The HLC filed a criminal complaint against Vujic
for abusing the Gujaks on ethnic grounds.
The Serbian Orthodox Church took action against the anti-Semitic
claims made by one of its defrocked ex-members, Dr. Zarko Gavrilovic.
Gavrilovic's statements were ``energetically rejected and condemned''
by the highest body of the Serbian Orthodox Church, the Holy Synod.
Minority religious communities, including Jews, Roman Catholics,
Jehovah's Witnesses, and the Church of Christ report occasional
incidences of vandalism, like the throwing of rocks at places of
worship and spray-painting of nationalist or anti-Semitic slogans in
Belgrade, Novi Sad, Sremska Mitrovica and other cities in Serbia. A
Catholic Church in the Vojvodina town of Sremska Mitrovica was pelted
with stones and spray painted with nationalist slogans and swastikas.
Church of Christ leaders reported that acts of vandalism took place
soon after television programs describing the work of ``sects,'' where
minority Protestant faiths are often grouped together with satanic
cults.
On December 24, approximately fifty demonstrators prevented an
Anglican Church Christmas Eve service from taking place at the Chapel
of the Serbian Orthodox Patriarch's residence in Belgrade. The
demonstrators refused to allow Anglican Priest Phillip Warner and more
than two dozen worshippers access to the chapel. Patriarch Pavle,
Metropolitan Amfilohije and President Kostunica, among others,
condemned the protest. Belgrade Police announced December 29 that they
had brought criminal charges against ten individuals involved in the
blockade.
Serbia's Jehovah's Witness Community reported that one of its
members, Sahiti Mirsad, served a five-month jail sentence because of
his conscientious objection to serving in any part of the military,
including non-lethal sections. Conscientious objection was an option in
Yugoslavia, but conscientious objectors still were required to serve in
the VJ, albeit in non-lethal capacities. There was no civilian option.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
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;
however, there were reports of Muslims being singled out for unusually
long searches at Serbia's border with Bosnia.
Under the previous government, many persons living in Serbia and
Montenegro who were born in other parts of the former Yugoslavia were
unable to establish citizenship in Yugoslavia. Refugees who applied for
Yugoslav citizenship were forced to give up their Bosnian or Croatian
citizenship to become eligible for Yugoslav citizenship. To address
this problem, in February 2001 the Government amended the 1997
Citizenship Law to allow dual citizenship. However, many of those
granted citizenship have retained their refugee cards instead of
turning them in for Yugoslav identity cards, presumably in the belief
that that the benefits of refugee status are greater than those they
would receive as citizens.
On October 29, the Governments of FRY and Bosnia and Herzegovina
signed a Treaty on Dual Citizenship, which gave citizens from both
countries the option of dual citizenship, with equal rights and
privileges for travel between the countries. The treaty further secures
the right of refugees to return by guaranteeing access to health
benefits, social security, and other benefits earned while working in
the previous country of residence. Bosnian Muslims crossing into Serbia
from Bosnia were often subjected to lengthy searches by border police,
while Bosnian Serbs were often allowed to pass quickly through border
checkpoints.
The conflicts that occurred in Bosnia, Croatia, and Kosovo led to
widespread displacement of persons. There were approximately 204,000
internally displaced persons (IDPs) from Kosovo, mainly Serbs, Roma,
and Bosniaks. Most Serb IDPs from Kosovo rented inadequate lodging or
were housed with host families or relatives; however, approximately
10,000 remained in collective centers. Visits by foreign diplomats to
collective centers found them to be inadequate for other than emergency
shelter. Collective centers were a drain on Serbian government
resources. It was impossible to estimate unemployment figures among
IDPs. Most families have moved three times or more in search of better
schooling or employment opportunities. It is probable that many of them
were employed either fully or part-time in informal sector enterprises,
such as working in one of the many ``gray economy'' firms manufacturing
clothes, furniture and other products. The Serbian government, with
UNHCR support, started to close 62 collective center housing refugees
from Bosnia and Croatia (but not those housing IDPs) by setting
qualifications to remain housed in collective centers and seeking
alternate housing for others.
The great majority of the approximately 10,000 IDPs who fled into
Kosovo during the 2001 crisis in southern Serbia returned to their
homes in Bujanovac, Presevo, and Medvedja municipalities following the
implementation of the May 2001 Covic plan for resolving the crisis.
There were an estimated 40,000 to 45,000 displaced Roma living in
the country. Roma faced a dilemma during the Kosovo conflict, as many
Kosovo Roma were perceived as Serb collaborators. Living conditions for
Roma in Serbia were, on the whole, extremely poor. Local municipalities
often were reluctant to accommodate them, hoping that if they failed to
provide shelter, the Roma would not remain in the community (see
Section 5). If they did settle, it was most often in official
collective centers with a minimum of amenities or, more often, in
makeshift camps on the periphery of major cities or towns. The U.N.
High Commissioner for Refugees (UNHCR) was in the process of
identifying municipalities willing to cooperate in a program for
resettling the Roma in more adequate living quarters.
The Constitution 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 cooperates
with the UNHCR and other humanitarian organizations assisting refugees.
There were approximately 336,000 refugees from other successor nations
of the Socialist Federal Republic of Yugoslavia. Of these refugees most
(225,000) were from Croatia. The great majority of the several thousand
ethnic Albanians who fled into Serbia in 2001 to escape the conflict in
Macedonia have returned to their homes in Macedonia. The Government
provides first asylum.
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 Federal Constitution provides citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage. The FRY and the Serbian Republic each have a
president and a parliamentary system of government. There were no
Federal elections since September 2000.
In the Serbian presidential elections held on September 29, the
primary vote-getters were FRY President Kostunica and FRY Deputy Prime
Minister Miroljub Labus. Radical Party leader Vojislav Seselj came in
third with a high number of votes. Although Kostunica received a
plurality of votes, he did not receive a majority of votes cast.
Kostunica also prevailed in the October 13 runoff election, but since
less than 50 percent of the registered voters participated, the
Republic Election Commission judged the election to have failed. In
November the Serbian Parliament abolished the 50 percent threshold for
runoff elections; however, the 50 percent threshold remained a
requirement for first rounds of elections. When new Serbian
presidential elections were held on December 8, once again Kostunica
prevailed but the election failed because less than 50 percent of
registered voters turned out to vote. In both the October 13 runoff and
the December 8 new elections, a significant portion of Serbian voters
deliberately stayed home to prevent Kostunica's victory by depressing
the voter turnout. International monitors judged the elections to have
been free and fair.
Incumbent Serbian President Milan Milutinovic's term of office
expired on December 30. Milutinovic, an ICTY indictee, was succeeded as
acting Serbian President by Serbian Parliament Speaker Natasa Micic.
During and after this year's Serbian presidential elections,
Kostunica and some international observers complained that inaccuracies
in the official lists of registered voters resulted in an inordinately
high numeration of the 50 percent threshold. The voters' lists also
contained the names of a substantial number of voters who lived outside
the country with no means of casting their votes. However, those
inaccuracies could not have accounted for the shortfall in voter
turnout. For several years prior to this year's elections, OSCE made
strong recommendations for improving Serbian election laws, including
eliminating the 50 percent turnout requirement. However, no Serbian
political party worked to change the election law. The flawed process
in the presidential elections was the consequence.
On July 28, free elections were held for the first time in the
majority ethnic Albanian municipalities of Bujanovac and Presevo, as
well as the mixed Serb and Albanian municipality of Medvedja. Serb
parties had previously maintained power in these municipalities through
gerrymandering and vote-stealing. Two new Serbian Republic laws, the
Law on Local Self-Government and the Law on Local Elections, allowed
direct election of mayors and a proportional system of voting
guaranteeing multi-ethnic representation in government. Ethnic Albanian
mayors were elected in Bujanovac and Presevo; and Albanian-led multi-
ethnic municipal assemblies were elected in the two municipalities. Two
re-run elections were held at certain polling stations in response to
complaints by Serb parties about procedural irregularities.
International monitors declared the elections to be free and fair.
In February the Serbian parliament passed a new Law on Local Self-
Government instituting direct election of mayors and enlarged
competencies to municipal and city governments, including greater
flexibility in recapturing tax revenue for local needs. The law also
increased citizens' ability to participate directly in local government
by giving them the right to undertake civil initiatives and organize
local referendums.
Following the end of Serbian parliamentary session in mid-June, the
governing DOS coalition responded to Kostunica's Democratic Party of
Serbia's (DSS) boycott of both the DOS Presidency and Parliament by
expelling DSS from the DOS coalition. Subsequently, the Parliament's
Administrative Committee voted to strip DSS of its 45 parliamentary
mandates, maintaining that mandates belonged to the coalition rather
than to the political parties in the coalition. In the fall, before the
Federal Constitutional Court could rule definitively on the mandates
controversy, DSS reached a political agreement with DOS enabling DSS to
continue participating in the Serbian Parliament. Since the struggle
over mandates took place in the interval between parliamentary
sessions, parliamentary activity was not directly affected. DSS
parliamentarians participated normally when the next parliamentary
session began in November.
There were 10 women in the 178-seat Federal Parliament and 27 women
in the 250-seat Serbian Parliament. There were four women in the
Serbian Cabinet. Women were active in political organizations; however,
they only held approximately 10 percent of ministerial-level and
Parliamentary positions in the Serbian and Federal governments.
Prominent positions held by women included: Speaker of the Serbian
Parliament, Commissioner for Refugees, Minister for Social Welfare, the
Minister for Transportation and Telecommunication, and President of the
Serbian Supreme Court.
There were no legal restrictions on minority participation in
political life. There were 20 minorities in the 250-seat Serbian
Parliament. There was one minority in the Serbian cabinet and one
minority in the Federal cabinet. Ethnic Serbs and, to a certain extent,
Montenegrins, dominated the country's political leadership. In
Vojvodina, where the Hungarian minority constituted about 15 percent of
the population, many regional political offices were held by
Hungarians. Jozsef Kasza, a Hungarian minority party leader, was
Serbian Deputy Prime Minister. Few members of other ethnic groups were
involved at the top levels of government or the state-run economy;
however, Rasim Ljajic, a Sandzak Muslim leader, was appointed the
Federal Minister for Minority Affairs in November 2000. Roma have the
right to vote, and there were two small Romani parties in Serbia. One
of the four deputy mayors in Kragujevac was a Rom. Ethnic Albanians,
who took control of local government in two southern Serbian
municipalities and partial control in a third, were underrepresented in
the federal and republic governments. Ethnic Hungarians led municipal
governments in Subotica and six other municipalities in northern
Vojvodina. In the Sandzak, Bosniak Muslims controlled the municipal
governments of Novi Pazar, Tutin, and Sjenica.
Some minorities, such as Hungarians and Bosniak Muslims, turned out
to vote in percentages roughly equal to or greater than the general
population's percentage of turnout. Roma continued their historical
pattern of voting in extremely low numbers. Ethnic Albanians boycotted
the September Serbian presidential election; however, they turned out
in high numbers in the July municipal elections in southern Serbia.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. Some NGOs,
such as G-17, Otpor, and the Center for Free and Democratic Elections
(CeSID) contributed to the Government's reform strategies at the
highest level. Others, such as the HLC, Yugoslav Lawyer's Committee for
Human Rights (YUCOM), and Helsinki Committee for Human Rights in Serbia
(HCS), frequently offered citizens the only chance for redress when
government institutions fail to protect basic human rights. There were
no reported cases of government harassment of human rights NGOs, which
were highly independent in their assessments of government actions.
HLC, YUKOM, Belgrade Center for Human Rights (BCHR), the Leskovac
Council on Human Rights, and the Center for Antiwar Action researched
human rights abuses throughout the country and, on occasion, elsewhere
in the former Yugoslavia. HCS and BCHR published annual surveys on
human rights issues in Yugoslavia; HCB also cooperated with the
Pristina-based Helsinki Committee in monitoring human rights abuses in
Kosovo. In the Sandzak region, two committees monitored abuses against
the local Muslim population and produced comprehensive reports. Most of
these organizations offered advice and help to victims of abuse.
The Government worked in partnership with international and local
NGOs in a number of areas affecting human rights during the year,
including monitoring of elections (CeSID), monitoring of official
corruption (Otpor), legal and judicial reform (YUCOM, HLC), the
drafting of the new criminal code (BCHR), judicial education (HLC,
Belgrade Center for Human Rights), refugee return (Serbian Democratic
Forum, HCB), identification of missing persons (ICMP), and the fight
against human trafficking (ASTRA, Counseling against Family Violence).
The Yugoslav and Serbian governments made some progress in
cooperating with the ICTY, particularly in the field of developing an
improved legislative framework for complying with ICTY requests. In
April the Federal Parliament adopted a Law on Cooperation with ICTY and
formed a National Council for ICTY Cooperation chaired by Foreign
Minister Goran Svilanovic. However, the Law on Cooperation only
authorizes transfer of those already indicted at the time the law
entered into force; it does not apply to potential future ICTY
indictees. Upon adoption of the law, the Government made a public call
for ICTY indictees to surrender for transfer to The Hague. A number of
indictees surrendered in response to this call, including former Chief
of General Staff of the Yugoslav Armed Forces Dragoljub Ojdanic, former
Deputy Federal Premier Nikola Sainovic, Major General Mile Mrksic,
former President of the self-styled Republic of Serbian Krajina Milan
Martic, and Momcilo Gruban. Indictee Ranko Cesic was arrested and
transferred to ICTY representatives in June. Following the suicide of
former Serbian Minister of Interior Vlajko Stojiljkovic, seventeen ICTY
indictee-citizens of the FRY remained at large. Former President Milan
Milutinovic left office on December 30 and, as an ICTY indictee, lost
his immunity from prosecution. Belgrade's Regional Court began the
legal process that should lead to Milutinovic's transfer to the ICTY by
requesting the Serbian government's confirmation of the ICTY indictment
against him. While the Federal and Serbian Republic governments
contended that they had no information confirming the presence of these
indictees on Yugoslav territory, these contentions were vigorously
challenged by ICTY's Chief Prosecutor Carla Del Ponte.
In addition to the transfer of indictees, the Yugoslav and Serbian
governments cooperated with the ICTY through the transfer of some
documents and through enabling the testimony of witnesses. During the
year, the Yugoslav National Council for ICTY cooperation provided
access to documents on crimes against ethnic Serbs and furnished the
ICTY with documents including records from 17 sessions of the Supreme
Defense Council, Yugoslav National Bank records related to an alleged
arms trader, and files from investigations and judicial proceedings
against Serb Ministry of Interior forces for crimes committed in
Kosovo. The National Council requested the declassification of an
additional 172 documents, a first step towards the transfer of
documents to ICTY prosecutors. In addition to answering numerous
requests for information on the whereabouts of possible witnesses, the
National Council enabled the testimony of over thirty witnesses by
coordinating waivers from legal obligations to protect state and
military secrets. ICTY continued to maintain that progress on these
fronts was unacceptably slow.
During the year, domestic war crimes indictments and trials began
in Serbia (see Section 1.a.).
Some witnesses and potential witnesses at ICTY experienced threats
and intimidation in Serbia (see Section 1.c.).
There was no autonomous human rights ombudsman at either the
Federal or the Republic level.
The Truth and Reconciliation Commission (TRC) founded by President
Kostunica in 2001 continued to flounder because of a lack of shared
purpose among its members and a lack of funds from the Government. The
TRC held a roundtable in May, and in June hosted a presentation by the
Netherlands Institute for War Documentation. In September the TRC
sponsored public testimony by Bosnian Muslim and Serb family members of
victims of the Srebrenica killings.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Federal and Republic-level laws provide for equal rights for all
citizens, regardless of ethnic group, language, or social status, and
prohibit discrimination against women; however, in practice the legal
system provided little protection for such groups.
Women.--Violence against women was a problem and traditionally high
levels of domestic violence persisted. The few official agencies
dedicated to coping with family violence had inadequate resources and
were limited in their activity by social pressure to keep families
together at all costs. In March the federal Criminal Code was amended
to make spousal rape as a criminal offense. Few victims of spousal
abuse filed complaints with the authorities. There was no trained
police unit to provide protection or assistance to female victims of
sexual or other violence. The Center for Autonomous Women's Rights in
Belgrade offered a rape and spousal abuse hot line, and sponsored a
number of self-help groups. The Center also offered assistance to
refugee women (mostly Serb), many of whom experienced extreme abuse or
rape during the conflicts in the former Yugoslavia.
The country served as a transit country, and to a lesser extent a
country of origin and a destination country, for trafficking in women
for the purpose of sexual exploitation (see Section 6.f.).
Women did not enjoy social status equal to that of men, and
relatively few women obtained upper level positions in government and
commerce. Since changing regulations to allow women to serve as police
officers in 2001, the Serbian police hired increasing numbers of women
officers. Traditional patriarchal ideas of gender roles, especially in
rural areas, subjected women to discrimination in many homes. In some
more remote rural areas, particularly among some minority communities,
women effectively lacked the ability to exercise their right to control
property. In rural areas and some minority communities, it was common
for husbands to direct the voting of wives. Women legally were entitled
to equal pay for equal work; however, according to the International
Helsinki Federation for Human Rights, women's average wage was 11
percent lower than the average wage of men. Women were granted
maternity leave for 1 year, with an additional 6 months available. In
urban areas such as Belgrade and Novi Sad, women were represented
widely in many professions including law, academics, and medicine.
Women were also active in political and human rights organizations.
Children.--The Government attempted to meet the health and
educational needs of children. The educational system provided 8 years
of free, mandatory schooling. However, economic distress affected
children adversely in both the education and health care systems,
particularly Roma children, who rarely attended kindergartens. Many
Roma children never attend primary school, either for family reasons,
because they were judged to be unqualified, or because of societal
prejudice. Due to this lack of primary schooling, many Roma children
did not learn to speak Serbian, and there was no instruction available
in the Romani language. Some Roma children were mistakenly placed in
schools for children with emotional disabilities because Romani
language and cultural norms made it difficult for them to succeed on
standardized tests in Serbian. Many Roma children were trafficked
within the Roma community in Serbia and to other Roma abroad to be used
in begging and theft rings.
Traditionally there has been no societal pattern of abuse of
children, but child abuse occasionally took place in the country.
The country was a transit country and, to a lesser extent, a
country of origin and destination country for trafficking in girls for
the purpose of sexual exploitation (see Section 6.f.). In August the
media reported that, in the 1980s and 1990s, some newborn babies had
been kidnaped by midwives and doctors and sold through criminal rings
to adoptive parents (see Section 1.b.).
Persons with Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, or in the
provision of other state services; however, in practice facilities for
persons with disabilities--mental and physical--were inadequate, and
the Government did not make addressing this problem a priority.
However, the law mandates access for persons with disabilities to new
official buildings, and the Government sometimes enforced these
provisions in practice. The Government did not provide mobile voting
for handicapped or ill voters incapable of coming to polling stations.
Persons with disabilities were excluded from the category of eligible
voters in the September-October Serbian presidential elections.
National/Racial/Ethnic Minorities.--Minorities constituted 25 to 30
percent of Serbia's population and included ethnic Albanians, Romani,
Hungarians, Bosniak Muslims, Slovaks, Romanians, Vlachs, Bulgarians,
Croats, and others.
The heavy police presence remaining in southern Serbia is in part
due to credible threats of violent acts by radical elements of the
ethnic-Albanian community. Incidents of police harassment against the
ethnic Albanian population continued to decline dramatically. According
to reports from local ethnic Albanian human rights organizations, VJ
troops were responsible for most incidents of harassment in southern
Serbia. Harassment by the VJ ranged from verbal abuse to confiscation
of money to temporary detention from one to three hours. There were no
reports of physical abuse or brutality. Due to the deployment of the
MEPF throughout Southern Serbia, by year's end, training had been
completed and MEPF cadets were on patrol. The OSCE's Mission to The
Federal Republic of Yugoslavia trained cadets in modern police tactics
at an international police training center in Mitrovo Polje.
Although some problems persisted, the Government's policy toward
minorities has improved greatly since Milosevic's removal from office.
In February the Government passed three laws benefitting Serbia's
minorities. The federal Law on the Protection of the Rights and
Liberties of National Minorities banned discrimination on national,
racial, ethnic, and religious grounds and affirmed the right of
significant minority communities to self-government and education in
their own language. The Minorities Law stipulated the creation of a
representative Federal Council of Minorities. The Serbian Republic's
Law on Local Self-Government increased the political power and
responsibility of municipalities, including greater power to recapture
tax revenue for local uses. This law provided the basis for the
municipal elections that brought ethnic Albanians to power for the
first time in southern Serbia (see Section 3). The Serbian Republic's
Omnibus Bill on Vojvodina granted increased powers of self-government
to the historically distinct Vojvodina region of Serbia, although the
law stopped far short of restoring the full autonomy that Vojvodina
enjoyed until 1989. On November 4, the FRY and Romania signed a
bilateral agreement designed to protect national minorities on both
sides of the border. Federal Minister for Minorities Rasim Ljajic led a
public education campaign for ethnic tolerance, instituting an annual
national award for the promotion of tolerance.
Ethnic Albanian leaders of the Southern Serbian municipalities of
Presevo, Bujanovac and Medvedja continued to complain of the
underrepresentation of ethnic Albanians in state structures.
Implementation of the Covic plan for peace and ethnic re-integration in
the region, including the conclusion of the deployment of the Multi-
Ethnic Police Force (MEPF) and free and fair democratic elections held
in July and August, gave Southern Serbia's ethnic Albanians
proportional representation in the police and control of local
governments in municipalities where they made up a majority (see
Section 3).
In mid-September, caravans of about 100 cars carrying Serbs from
neighboring municipalities paraded through the heavily Muslim center of
Novi Pazar on three nights following Yugoslav basketball victories,
brandishing Chetnik regalia and chanting Serb nationalist slogans. On
one of these occasions, several hundred Muslim youths gathered to
confront the caravan; three Serbs and several policemen were lightly
injured in the fight that followed. The Serbian government reacted
quickly to defuse the situation, dispatching extra police and enlisting
as mediator Federal Minister for Minorities Rasim Ljajic, himself a
Bosniak Muslim from Novi Pazar. The October indictments for the 1992
Sjeverin killings marked the beginning of the first trial concerning
past government abuses of Muslim citizens of the Sandzak (see Section
1.e.).
There were no reports of violence or harassment against ethnic
Hungarians in Vojvodina during the year. Some members of the Vlach
community in Bor complained about the Serbian Orthodox Church's refusal
to conduct religious services in the Vlach language rather than in
Serbian.
Roma continued to be targets of numerous incidents of police
violence (see section 1.c.), societal discrimination, and verbal and
physical harassment from ordinary citizens. Police often did not
investigate cases of societal violence against Roma. The HLC reported
that, on July 9 in the village of Americ, police searching without a
warrant for weapons at the home of Elizabeta Djuric insulted and
brutalized three children in their mother's absence, forcing a 16 year-
old boy with mental disabilities to dig holes in the garden for two
hours.
In February the federal Minorities Law recognized the Roma in
Serbia and Montenegro as a national minority, explicitly banning
discrimination and calling for government measures to improve their
condition. Many Roma lived illegally in squatter settlements that
lacked basic services such as schools, doctors, clean water, and sewage
facilities. During the year, the authorities forcibly evicted a number
of Roma, including children, from such settlements without offering
them any alternative accommodations (see Section 1.f.). On November 13,
the Vozdovac district of Belgrade evicted 50 Roma IDPs from Kosovo,
including 32 children, from their settlement. In September the New
Belgrade city government served eviction orders to 717 residents of a
Romani settlement, many of whom were IDPs from Kosovo. After protests
by local human rights organizations, the city promised to find
alternative accommodations; however, on October 21 demolition of the
settlement began without any alternative housing being provided. In
April 27 Romani IDPs from Kosovo, including 17 children younger than
15, were forced out of a settlement in Vozdovac. Again in April, 67
Roma, including 27 children under the age of six, were displaced from a
squatter settlement in New Belgrade because the city had sold the land
to a private interest.
In Leskovac and the town of Pozega, Roma reportedly have been
refused social welfare services for arbitrary reasons. The HLC reported
that the Nis municipal garbage service never visited the Romani
settlement Crvena Zvezda, a community of about 50 houses sharing only
two running water taps, which often froze in the winter, leaving the
entire community without running water. Roma IDPs from Kosovo were
especially subject to discrimination and abuse. Most of them lacked
identity documents, making it difficult for them to gain access to
social services and state-provided health care. The Roma Educational
Center reported that some Roma IDPs in Nis were mistaken for Kosovo
Albanians and subjected to discrimination on that basis.
Some non-Roma refugees and IDPs suffered from discrimination. The
HLC reported that the Serbian government did not allow some Kosovo IDPs
to relocate their official places of residence to Kragujevac; in other
words, the IDPs could not ``check out'' from their former residences in
Kosovo. This deprived them of health insurance, social welfare, and
normal access to schools. The Nis Council for Human Rights reported
that the approximately 20,000 refugees and IDPs in the Nis area
suffered from ``quiet discrimination'' in areas such as housing and
employment.
Roma education remained a problem, and lack of official documents
hindered their ability to receive services available to all other
citizens. The UNHCR, with Serbian government support, has begun health
education programs for Roma, and catch-up and head-start programs for
Roma children.
There were some judicial actions in favor of Roma during the year.
The HLC reported that in July the Sabac municipal court ruled in a
Rom's favor in a lawsuit claiming discrimination against Roma at a
public swimming pool at Sabac. This was the first time that existing
law had been used to prove discrimination against Roma. The municipal
prosecutor in Bajina Basta dismissed charges by police against Roma
citizen Stanisa Simic, who was detained by police and then indicted
after he defended himself from Serb attackers in 2000. In January the
HLC filed a lawsuit against a Belgrade disco club that repeatedly
refused admission to Romani citizens.
The Bosniak Federal Minister for Minorities, Rasim Ljajic, was one
of the more visible and influential members of the Government during
the year. A Bosniak federal parliamentarian was appointed a member of
the subcommittee reponsible for drafting the federal charter, but in
November he boycotted the committee protesting that the Sandzak would
not receive sufficient autonomy under the new charter. Bosniaks led
local governments in the three majority-Muslim municipalities in the
Sandzak region. In Novi Pazar, the municipal government gave the
Bosnian dialect official status as allowed under the new Serbian Law on
Local Self-Government. All seven Sandzak municipalities--Novi Pazar,
Tutin, Sjenica, Pribor, Prijepolje, and Nova Varos--had multi-ethnic
municipal assemblies
Section 6. Worker Rights
a. The Right of Association.--The law provides for the right of
association; all workers except military and police personnel have the
legal right to join or form unions and workers did so in practice.
There were approximately 1.8 million employees in the socially-owned
state sector and 361,000 persons in privately-owned companies. An
additional 500,000 persons worked in the unofficial economy and were
not registered employees. In the socially-owned state sector, 60 to 70
percent of workers belonged to unions. In the private sector, only 4
percent were unionized and in agriculture, 2 to 3 percent. The Alliance
of Independent Labor Unions (Samostalni Sindikati, or SSS), formally
affiliated with the Socialist Party of Serbia, whose President remained
Slobodan Milosevic, claimed 1.8 million members, although this number
was estimated to be closer to 800,000 in practice. The largest
independent union was the United Branch Independent Labor Unions
(Nezavisnost), which had approximately 600,000 members. The third
largest union was the Association of Free and Independent Trade Unions
(AFITU), which had approximately 200,000 members. Most other
independent unions were sector specific, and had approximately 130,000
members. Due to the poor state of the economy, one-third of union
workers, or 600,000 persons, were on long-term mandatory leave from
their firms pending improvement of the economy. The largely splintered
approach of the independent unions resulted in few achievements in
terms of increased wages or improved working conditions.
In December 2001, a Serbian government labor law that had been
approved by the International Labor Organization (ILO) entered into
force. The law significantly differed from the previous Socialist law
by giving more power to employers and diminishing the rights of
employees. For example, the law makes it easier for management to fire
workers; collective bargaining is obligatory, but signing a collective
agreement is not obligatory and employees may sign individual work
contracts; and public job announcements are no longer obligatory. The
Serbian Parliament accepted thirty-three of approximately fifty union-
proposed amendments on the Labor Law, but failed to adopt the key
demand for a mandatory requirement for signing collective agreement
with employees.
Antiunion discrimination was not a problem.
Unions can affiliate internationally; however, only Nezavisnost was
recognized by the international community as completely independent
from the Government. Nezavisnost was a member of the ICFTU and other
international unions.
b. The Right to Organize and Bargain Collectively.--The signing of
collective agreements is not mandatory for employers, although it was
allowed. Unions have complained that without this provision, their role
in the system was diminished. A union must have 15 percent of employees
as members in order to be eligible to negotiate with an employer, or 10
percent of all employees in order to negotiate with the Serbian
government or the local government.
Collective bargaining remained at a rudimentary level of
development. Individual unions continued to be narrow in their aims and
were unable to join with unions in other sectors to bargain for common
purposes. The history of trade unionism in the country has centered not
on bargaining for the collective needs of all workers but rather for
the specific needs of a given group of workers. Thus, coal workers,
teachers, health workers, and electric power industry employees have
been ineffective in finding common denominators (for example, job
security protection, minimum safety standards, or universal workers'
benefits) on which to negotiate. The overall result was a highly
fragmented labor structure composed of workers who relate to the needs
of their individual union but rarely to those of other workers. In
April the agreement on improving the activities of Serbia's Social and
Economic Council and improving social dialog was signed by the Serbian
government, representatives of the three largest trade unions and the
Association of Employers.
Security forces did not disrupt any strikes or arrest union leaders
during the year.
The law provides for the right to strike; however, the Law on
Strikes restricted the right for employees in ``essential service
production enterprises,'' such as education, electric power, and postal
services, and these employees must announce their strikes at least 15
days ahead and must ensure that a ``minimum level of work'' is
provided. This law covered approximately 50 percent of all employees.
The independent unions, while active in recruiting new members, have
not reached the size needed to mount countrywide strikes; however,
unions held several strikes during the year. In January 7,000 employees
of the four biggest state-owned banks unsuccessfully protested the
closure of their banks. On January 23, 8,000 workers at one of the
biggest textile factories, Yumko Vranje, went on strike for higher
wages and replacement of management. In March workers at Yumko Vranje
repeated the strike, which resulted in the resignation of the General
Manager. On March 18, railway unions launched a general strike
demanding new employment contracts and higher wages. After 11 days the
unions accepted a 4 percent wage increase. In June taxis blocked roads
throughout the country to protest the Government's policy on taxi
drivers. Public workers, including teachers, health workers, students,
and policemen, held strikes during the year. These strikes were for job
security, higher pay and the regular payment of wages. In general job
security fears, which stemmed from the high rate of unemployment,
limited workers' willingness to strike.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, including by children; however, Roma children were
often forced into manual labor, compelled to beg, or trafficked abroad
to work in begging or theft rings (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment.--The minimum age for employment is 16 years, although in
villages and farming communities it was common to find younger children
at work assisting their families. Children--particularly Roma--also
could be found in a variety of unofficial retail jobs, typically
washing car windows or selling small items such as cigarettes or
newspapers. In recent years, this type of labor has been less
widespread because adults, lacking other options for employment, have
taken many of these jobs. The unemployment rate throughout Serbia was
approximately 30 percent, but there were pockets, particularly in areas
with large refugee populations or where industries have closed, where
unemployment was much higher. It was estimated that almost one million
people were engaged in the ``gray economy,'' while as much as 60
percent of all gray market employees also had official jobs.
The law prohibits forced and bonded labor including by children;
however, Roma children were often forced into manual labor, compelled
to beg, or trafficked abroad to work in begging or theft rings (see
Section 1.c.).
e. Acceptable Conditions of Work.--Large government enterprises,
including all the major banks and industrial and trading companies
generally observed the minimum wage standard. The monthly minimum wage
was approximately $50 (3,000 dinars); however, this figure was roughly
comparable to unemployment benefits and (at least theoretically) was
paid to workers who had been placed in a mandatory leave status. The
actual minimum wage was at the low end of the range of average net
salaries, which was $160 (9,900 dinars) per month. The minimum wage was
insufficient to provide a decent standard of living for a worker and
family. For example, the cost of only food and utilities for a family
of four was estimated to be $180 (11,600 dinars) per month. Private
enterprises used the minimum wage as a guide but tended to pay slightly
higher average wages.
Reports of sweatshops operating in the country were rare, although
some privately owned textile factories operated under very poor
conditions. In certain areas of the country, such as the Sandzak and
the town of Cacak, there were many prosperous small businesses dealing
in unlicensed items for export. For example, one furniture manufacturer
employed 800 workers but, aside from their salaries, the factory
workers received no other benefits. The official workweek, listed as 40
hours, was not respected because of massive underemployment and
unemployment.
Neither employers nor employees tended to give high priority to the
enforcement of established occupational safety and health regulations,
focusing their efforts instead on economic survival. Because of the
competition for employment and the high degree of government control
over the economy, workers were not free to leave hazardous work
situations without risking the loss of their employment.
f. Trafficking in Persons.--The law does not prohibit trafficking
in persons; although there are laws that could be used to prosecute
traffickers. Trafficking was a problem.
Serbian authorities have used pre-existing laws against kidnaping,
slavery, smuggling, and prostitution to apprehend some traffickers. The
penalties carried by such laws range from 1 to 10 years in jail. During
the year, the Serbian police took 355 foreign women into custody, 60 of
whom were identified as victims of trafficking and referred to the
Belgrade shelter for trafficking victims. Federal and Serbian police
have assisted in international investigations of human trafficking.
Federal law prohibits extradition of Yugoslav citizens to other
countries. By year's end 30 criminal charges had been submitted to the
office of the prosecutor for 62 offenses, resulting in three
convictions.
The country served as a transit country, and to a lesser extent a
country of origin and a destination country, for trafficking in women
and girls for the purpose of sexual exploitation. Serbia was primarily
a transit country for internationally trafficked women going to Kosovo,
Bosnia, and points in Western Europe. The International Organization
for Migration (IOM) estimated that between 6,000 and 7,000 women were
trafficked through Serbia. Serbia was a destination for trafficked
women, with brothels and nude dancing venues located along major
transportation routes. No reliable estimate existed on numbers of women
controlled by human traffickers in the country. Serbia did not
traditionally serve as a major source country for trafficked women, but
poor economic conditions have increased Serbian women's vulnerability
to traffickers. Trafficking in children for use in begging or in theft
rings was a problem among Roma. Moldova, Romania, Ukraine, Russia, and
Bulgaria were the primary source countries for women trafficked through
Serbia.
Recruitment devices included advertisements for escort services,
marriage offers, and offers for employment. Often women knowingly went
to work as prostitutes, and later, once they left their country of
origin in the hands of traffickers, discovered that they were
prisoners. The women were recruited, transported, sold, and controlled
by international organized crime networks. The central point in Serbia
for holding and transferring trafficked women was Belgrade.
There were no confirmed reports of government officials condoning
or participating in trafficking, but trafficking in Serbia could not
take place without the cooperation of at least some police, border
guards, and minor officials.
During the year, the Government's inter-ministerial task force on
human trafficking, Yugoslav Team for Combating Trafficking in Persons,
worked with the OSCE and IOM to put together a basic program for
assisting trafficking victims. In February a victims' shelter, along
with a 24-hour hotline, was established in Belgrade. A Belgrade NGO,
Counseling Against Family Violence, operated the shelter and hotline.
The Serbian Ministry of Social Welfare established on its premises a
National Coordinating and Counseling Center to receive potential
trafficking victims from police and NGOs for screening, medical
examination, and counseling before referring the women to the shelter
or other appropriate venue. The International IOM managed repatriation
of victims and repatriated approximately 80 women determined to be
victims of trafficking during the year. IOM also opened a Regional
Clearing Point in government-donated offices in Belgrade to collect
information on trafficking from all the Balkan countries. The Serbian
Interior Ministry reported that it began systematically distinguishing
trafficking victims from prostitutes and illegal migrants during the
year. To reach Serbian women and children vulnerable to becoming
victims of trafficking, the Serbian NGO ASTRA completed the extensive
public awareness campaign begun in 2001. Serbian Border Police reported
that a well-established Beijing to Belgrade trafficking route was
closed down when Yugoslav authorities imposed strict visa requirements
and direct air links between Belgrade and Beijing were cancelled.
kosovo
Kosovo continued to be administered under the civil authority of
the U.N. Interim Administrative Mission in Kosovo (UNMIK), pursuant to
U.N. Security Council Resolution 1244. This resolution called for
``substantial autonomy and meaningful self-administration'' for the
persons of Kosovo ``within the Federal Republic of Yugoslavia.'' UNMIK
and its chief administrator, the Special Representative of the
Secretary General (SRSG), established a civil administration in June
1999, following the conclusion of the NATO military campaign that
forced the withdrawal of Yugoslav and Serbian forces from the province.
Since that time, the SRSG and UNMIK, with the assistance of the
international community, have worked with local leaders to build the
institutions and expertise necessary for self-government.
In May 2001, UNMIK promulgated the Constitutional Framework for
Provisional Self-Government in Kosovo (the ``Constitutional
Framework''), which defined the Provisional Institutions of Self
government (PISG). The PISG replaced the UNMIK-imposed Joint Interim
Administrative Structure. In accordance with the Constitutional
Framework, certain areas of governance, including that of foreign
affairs and justice, were retained by the SRSG. The November 2001
general election created a 120-member Assembly with 100 seats filled by
elected officials of all ethnicities and 20 reserved specifically for
minorities. On December 10, 2001, the Central, or Kosovo Assembly held
its inaugural session, with Nexat Daci heading the Assembly Presidency.
On March 4, the Assembly, under Daci's leadership, selected Ibrahim
Rugova as President of Kosovo and Bajram Rexhepi as Prime Minister. On
October 26, municipal elections were held in all 30 municipalities,
although Serbs living in Mitrovica effectively boycotted. International
and local election observers concluded that the election was well
organized, peaceful, and met international standards.
UNMIK Regulation 1999/24 established that applicable law in Kosovo
included UNMIK regulations and those laws in effect in Kosovo as of
March 22, 1989, the date Slobodan Milosevic abolished Kosovo's
political autonomy. This created a complex, and in some cases,
incomplete set of codes. Since its establishment, UNMIK periodically
has issued regulations to address the civil and legal responsibilities
of governmental entities and private individuals. UNMIK regulations
bind all public officials, including judges, to respect international
human rights law. The Constitutional Framework provides for an
independent judiciary; however, both the international and local
judiciary continued to be highly inefficient. As a result, defendants
were often detained for lengthy periods pending trial.
The U.N.-authorized, NATO-led peacekeeping force for Kosovo, known
as the Kosovo Force or KFOR, continued to carry out its mandate to
maintain internal security and defend against external threats. KFOR
operations included the physical prohibition of the flow of personnel
and materials from Kosovo to to the Presevo Valley in southern Serbia
and the Former Yugoslav Republic of Macedonia (Macedonia). KFOR
increasingly transferred responsibilities for civilian law enforcement
to UNMIK's multinational police corps (CIVPOL); CIVPOL continued to
transfer basic police authority and functions to the Kosovo Police
Service (KPS), while maintaining oversight. The Kosovo Protection Corps
(KPC), a civilian emergency preparedness service agency that
incorporated disarmed former fighters of the Kosovo Liberation Army
(KLA), continued to train and develop its disaster response skills,
while also undertaking humanitarian projects throughout Kosovo. Some
members of security forces committed human rights abuses.
Economic underdevelopment, in terms of employment, investment,
manufacturing capabilities, and markets for goods, continued to plague
Kosovo, which has approximately 2 million inhabitants. The post-
conflict period has seen a dual struggle to repair the massive war
damage to infrastructure and enterprises while facilitating the
transition from a centrally directed economy to a market-based one.
Construction became the strongest economic sector in the post-conflict
period; the agrarian sector improved but did not reach prewar levels.
Major industries had not reopened and the economy remained stagnant.
Unemployment estimates for the predominantly ethnic Albanian population
ranged between 40 and 60 percent. Unemployment among Kosovo Serb and
other ethnic communities was higher, although some Kosovo Serbs
continued to receive stipends or pensions from Yugoslavia.
International organizations and donors continued their programs to
improve the infrastructure and provide a regulatory climate conducive
to enterprise and investment. Significant criminal economic activity
took place, particularly in the fuel sector, and smuggling was
widespread.
UNMIK and the PISG generally respected the human rights of Kosovo's
citizens; however, there were serious problems in many areas. In the
course of official duties, one CIVPOL officer killed two persons. There
were no killings by KFOR or KPS. A few killings resulted from attacks
that appeared to be politically motivated. There were some deaths and
injuries resulting from landmines. There were some kidnapings and
disappearances. UNMIK's efforts to continue exhumation of gravesites
and to pursue identification of remains were ineffective and slow.
There were some reports that KFOR and CIVPOL used excessive force
during arrests and one case of sexual assault by a member of CIVPOL.
Some KPC members were accused of intimidation and extortion; however,
KPC discipline improved. Some KPC members reportedly were directly
involved in or materially supported political violence in the Presevo
Valley and Macedonia, although less so than in 2001.
KFOR and CIVPOL used their powers of detention and arrest as
provided under UNMIK regulation 1999/24. No abuses of these powers were
reported during the year. Lengthy pretrial detention remained a
problem, although the length of pretrial detention decreased during the
year. In some cases with security implications, the Commander of KFOR
(COMKFOR) issued extrajudicial executive detention orders, sometimes
for lengthy periods. The SRSG also had this authority but did not
exercise it during the year. The judiciary was at times subject to bias
and outside influence, particularly in interethnic cases, and did not
always ensure due process.
There were some restrictions on privacy rights. Local media and
some international media organizations criticized UNMIK regulations
prohibiting articles that might encourage criminal activity or violence
as an infringement on freedom of speech and of the press. UNMIK
occasionally limited freedom of assembly and forcibly disrupted some
violent demonstrations. Religious tension and violence persisted, but
at significantly diminished levels. Freedom of movement for ethnic
minorities, most of whom were Kosovo Serbs, continued to be a serious
problem; however, there were improvements in some areas. Efforts to
promote refugee returns moved slowly, but there were some improvements
during the year. Of the more than 200,000 members of ethnic communities
(including approximately 170,000 Kosovo Serbs and 25,000 Roma)
displaced after June 1999, few returned to Kosovo due to concerns about
security, freedom of movement, and lack of employment opportunities.
Despite this, some international agencies and nongovernmental
organizations (NGOs) initiated small-scale organized returns projects
and overall returns rose dramatically during the year to approximately
twice the amount compared with 2001.
Violence and discrimination against women remained serious
problems. The approximately 100,000 Kosovo Serbs who remained in Kosovo
continued to live primarily in the north or in enclaves under the
protection of KFOR. Societal violence against ethnic minorities
continued to decline, but serious incidents still occurred. Trafficking
in women continued to be a serious problem.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
UNMIK, the PISG, or their agents. KFOR forces did not kill any
individuals during security operations.
The trial of Sali Veseli, a former KLA officer, and four other
suspects for the May 2000 murder of Ekrem Rexha (known as ``Commander
Drini''), also a former KLA commander, was postponed until the courts
could locate a key witness, known as Hazer N, who they believed to be
living abroad. In February authorities arrested eight suspects in the
August 2000 killing in Istok of Democratic League of Kosovo (LDK)
activist Shaban Manaj; several of those detained were former members of
the KLA. All eight suspects were acquitted this year. In October
several suspects were arrested for the October 2001 killing of Bekim
Kastrati, a journalist with the LDK-linked newspaper, Bota Sot, and LDK
bodyguard Besim Dajaku.
On December 17, the UNMIK-administered court convicted five former
senior members of the KLA, Idriz Balaj, Daut Haradinaj, Bekim Zekaj,
Ahmet Elshani, and Ramush Ahmetaj of the June 1999 killings of Kosovar
Albanians Bashkim Balaj, Rexhe Osaj, Sinan Musaj, and Idriz Peja.
There were a small number of killings that may have been
politically motivated; however, these cases significantly decreased
from 2001. In these cases, the victims were either political party
officials or members, or connected with high-profile political
activity; however, there was no clear evidence of political motivation.
On January 17, unknown assailants killed Smajl Hajdaraj, an LDK member
of the Kosovo Assembly. No arrests had been made at year's end. On
October 27, Uke Bytyci, Mayor of Suhareke/Suva Reka municipality and
the LDK local branch leader, as well as his two bodyguards, were killed
in a confrontation with a family of local Democratic Party of Kosovo
(PDK) activists during a victory celebration following his re-election.
Two arrests were made and the two suspects remained in detention at
year's end.
There were no developments in several murders from previous years,
including the following from 2001: The case of the LDK branch president
and the President of Kline/Klina Municipal Assembly, Ismet Rraci,
killed in April; the July killing of Ahmet Balaj, an LDK committee
member in Mitrovica; the August killing of Qerim Ismaili of the Kosovo
Democratic Initiative; and the shooting of two brothers, one of whom
was a bodyguard of the mayor of Istog/Istok municipality, in December.
Unresolved cases of politically-motivated killings from 2000 included
the following: LDK politician Alil Dreshaj; cofounder of the LDK and
President Rugova's press advisor, Xhemail Mustafa; former KLA officer
Besim Mala; a KPC officer and former KLA commander, Skendar Gashi;
journalist Shefki Popova; and Pristina's Director of Urban Planning,
Rexhep Luci.
There were 68 killings of citizens in Kosovo during the year,
compared with 136 in 2001. According to available figures, assailants
killed 60 Kosovar Albanians, 6 Kosovo Serbs, and 2 persons of unknown
ethnicity. Most killings of Kosovo Serbs and other minorities were
ethnically motivated (see Section 5), but the majority of murders of
Kosovar Albanians apparently were connected to family and economic
rivalries and criminal activities. CIVPOL, working with the KPS,
somewhat improved its case resolution and arrest rate during this year.
Police reported 47 arrests for murder during the year: 43 other
suspects were Albanians, 2 were Serbs, and 2 were of other ethnicities.
There were a number of assaults and six killings of ethnic Serbs
during the year, including those perpetrated by other Serbs; however,
attacks on Serbs and other ethnic minorities decreased (see Section 5).
On October 15, one Kosovo Serb woman was killed by a landmine (see
Section 1.c.). On February 22, an unknown gunman killed Kosovo Serb
Lubica Kovacevic as she was walking home with her spouse, who was
uninjured. On December 23, two Kosovar Albanians were arrested for
killing Kosovo Serb Trajan Trifunovic that same day.
On February 21, CIVPOL arrested two Kosovo Serbs, Zoran Zigic and
Sergej Zaporosac, for the February 2000 killing by a grenade attack on
Kosovar Albanian, Muharrem Sokoli (see Section 2.b.).
Retaliatory violence, including killings, against Kosovar Albanians
also continued (see Section 5). Some Kosovo Serbs continued efforts
begun in 1999 to expel Kosovar Albanians and other ethnic groups from
the northern part of Mitrovica; in some cases this resulted in the
killing of ethnic Albanians (see Section 5). On July 6, CIVPOL and KFOR
troops arrested eight Kosovar Albanians accused of the August 2001
killing of a Kosovar Albanian family of five, including three children.
The motivation for the killing was believed to be the retribution for
the father's alleged cooperation with Serb authorities during the 1999
war. Several of the suspects were members of the KPC and Kosovo Police
Service.
As a result of the 1999 conflict, landmines and unexploded ordnance
remained a problem, particularly in rural areas. During the year, eight
persons were killed by landmines, compared with nine in 2001. These
devices have killed 103 persons and injured 372 since June 1999. On
July 31, six explosions took place in Klokot and one in Balance,
predominately Kosovo Serb villages in the U.S. KFOR sector. In December
two Albanian citizens were killed by unexploded ordnance just after
they crossed the border near Gjakove/Djakovica. The U.N. Mine Action
Coordination Center (MACC) completed its mission in Kosovo in December
2001 and transferred mine action activities to local institutions and
UNMIK. International organizations and NGOs continued a widespread mine
awareness campaign. KFOR patrols continued to find unexploded ordnance
on an almost daily basis.
Kosovo's investigative, judicial, and penal systems, in addition to
the International Criminal Tribunal for the Former Yugoslavia (ICTY),
continued to work to ensure that perpetrators of the violence and
ethnic cleansing in the 1998-99 conflict were identified and punished,
but most of the perpetrators of killings and other brutal acts remained
unpunished. Proceedings continued in Kosovo courts to adjudicate
approximately 30 cases of alleged war crimes and genocide arising from
the conflict, as well as killings dating from the period starting in
June 1999. In September the Organization for Security and Cooperation
in Europe's (OSCE) Legal System Monitoring Section issued a report on
war crimes trials in Kosovo, which were being tried by majority
international panels, that included statistics from November 1999 to
July 2002. According to the report, as of July, there were four cases
of war crimes under investigation. There were 10 pending indictments
for genocide, 17 for war crimes and 6 for inter-ethnic murders. Two
indictments for genocide had been dismissed.
Out of three prior convictions for genocide, two cases were
reversed and retried; both defendants were acquitted. Out of 12 trials
for war crimes since 1999, 5 concluded with a conviction and 7 with
acquittal. However, of these 12, 11 were appealed to Supreme Court
panels with international judges, and 8 decisions were reversed on
appeal.
From 1999 to 2000, five prisoners convicted for genocide and four
convicted of war crimes escaped from the UNMIK controlled detention
center in Mitrovica. In 2000 trial proceedings for war crimes were
suspended in the cases of eleven Kosovo Serb defendants who escaped
detention. UNMIK Regulations prohibit trials in absentia; however, the
charges remained outstanding at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In November all charges against Gani Imeri, a KPC officer and
former KLA commander, were dropped. Imeri was arrested for the 1999
kidnaping and disappearance of five Kosovo Serbs.
There was no information on the case of Marjan Melonasi, a
journalist for Radio-Television Kosova who disappeared in Pristina in
September 2000.
During the year, the reorganized Office of Missing Persons (OMFP)
identified 141 persons: 56 through traditional methods and 85 through
DNA testing. The Office has received 109 DNA results: 85 positive
matches, 17 negative, 7 duplicates. As many as 4,233 persons remained
missing and unaccounted for as a result of the armed conflict in 1999,
including approximately 3,324 Kosovar Albanians, and 909 Kosovo Serbs
and members of other ethnic groups. Of those missing, 164 were
considered dead.
When ICTY closed its forensic operations, UNMIK appointed the
CIVPOL Missing Persons Unit (MPU) as the focal point for identification
of remains and for exhumation of additional gravesites as they were
identified, the UNMIK Bureau of Missing Persons and Detainees
coordinated political efforts. The initiative made slow progress on
both fronts. According to the OMFP, since 1999 the ICTY exhumed 4,019
remains of individuals, of which 2,212 were identified and 1,807 were
still unidentified. During the year, 339 sets of remains were exhumed,
compared to 59 sets of remains exhumed in 2001--a significant increase
which may be attributable to the OMFP reorganization during the year.
During the year, UNMIK reorganized the resources involved in the
effort to resolve the large number of outstanding cases of missing
persons from the 1999 conflict; this effort required the identification
of recovered human remains. One central problem had been the frequent
change of mandate, personnel and resources for the various offices that
had been charged with dealing with these cases. Since its
establishment, UNMIK reorganized the offices handling missing persons
four times, changing lines of authority, competence, and scope of work.
This resulted in delayed processing and, in some cases, a failure to
appropriately preserve evidence, including human remains, for future
investigations. In June UNMIK appointed a new chief of the Office of
Missing Persons and Forensics (OMPF) with authority to address all
issues related to these cases, issues that had previously been divided
among different offices. The new OMPF now includes the UNMIK CIVPOL
Missing Persons Unit and the Office of the Medical Examiner, as well as
an outreach office.
During the year, OMPF tackled some of the most pressing needs,
including designing a program to train local experts to perform
autopsies and identifications, meeting with the International Committee
for Missing Persons to explore possible use of ICMP's DNA-led
procedures and to discuss dealing with family members of the missing.
The new Office of the Medical Examiner is slated to include an autopsy
site and laboratory and teaching resources, and is expected to be
staffed by ethnic Albanian and Serbian examiners. The OMPF was in the
process of issuing death certificates for 910 bodies that were
identified by ICTY in 1999 (203 certificates have been issued to date).
According to OMPF, in some cases this process has been slowed by family
members' desire to have an individual named as perpetrator of the cause
of death.
Several demonstrations were held to protest against UNMIK and the
international community for not doing enough to locate missing persons.
On March 8, in Gjakove, a group of women staged a protest to call
attention to the missing. On June 7, several hundred Serb members of
the Association of Families of Missing and Kidnapped persons from
Kosovo held a 1-hour protest in Gracanica over the alleged lack of
activity by the international administrators in finding kidnaped Serbs
and other non-Albanians. On June 13, more than 100 Kosovar Albanian
mothers of missing persons began a 24-hour hunger strike in front of
the Kosovo Assembly, demanding information on the fates of their
children. On September 26, 40 parents, wives, and sisters of the
missing gathered from different parts of Kosovo and went on a hunger
strike in front of the Kosovo Assembly requesting information on more
than 3,500 missing Kosovar Albanians.
c. Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.--The law prohibits such practices; although the
Constitutional Framework omits the U.N. Convention on Torture from its
list of conventions incorporated by reference. There were no confirmed
reports of the use of excessive force by KFOR and CIVPOL during
arrests. One CIVPOL officer was charged with sexual assault. In
February an Austrian CIVPOL officer was arrested for violating the
civil rights of a Kosovar Albanian suspect. According to the complaint,
after arresting a suspect, the CIVPOL officer, together with three
Kosovo Police Service (KPS) officers, tried to force a confession by
asking the suspect to dig his own grave and making him walk in a Kosovo
Serb enclave wearing a sign that read ``I hate Serbs.'' UNMIK police
arrested all four officers but later released the three KPS officers.
The U.N. reportedly suspended the CIVPOL officer's immunity, but he
fled Kosovo and had not returned for trial at year's end. In March a
child was injured when a KFOR soldier accidentally fired his gun as he
was trying to disperse a group of children playing near the monastery
in Decan/Decani.
Some credible reports suggested that KPC members were responsible
for incidents of intimidation and extortion, and in several zones such
misconduct may have been organized and condoned by the local KPC
leadership. However, in general KPC discipline improved and reports of
intimidation were less common. A number of KPC members were arrested,
mainly for accusations of crimes against their fellow Kosovar
Albanians, sparking charges that former KLA members were being
targeted. On June 18 and 19, UNMIK police arrested the already
suspended regional commander, Daut Haradinaj when he surrendered to
police, and four other KPC members, in what was known as the
``Dukagjini trial,'' and on August 10, they arrested suspended KPC
commander Rrustem Mustafa, known as ``Commander Remi.'' On December 17,
the five suspects in the Dukagjini trial were convicted and given a
sentence of several years each.
There were a number of reports of attacks on and threats against
Kosovar Albanian political figures. In most cases, no suspects were
identified; however, local observers often blamed these attacks on
rival political party members. Nonpolitical motives, including clan
rivalry and common criminality, were also suspected in some cases. On
August 3, unknown assailants attempted to kill Tahir Zemaj, a former
Armed Forces of Republic of Kosovo (FARK) commander and LDK activist.
Zemaj publicly accused Ramush Haradinaj, the head of the Alliance for
the Future of Kosovo (AAK) political party, of being behind the attack.
On October 18, the house of an LDK activist in Kacaniku/Kacanik came
under attack from grenades and firearms; there were no injuries. At
year's end, no charges had been filed.
On August 29, Kosovar Albanians fired on Kosovo Serbs, apparently
in a dispute concerning wood-gathering. When KFOR and CIVPOL responded,
there was a 2-hour firefight involving the use of multiple automatic
weapons; one CIVPOL officer received slight wounds and one Kosovar
suspect was captured.
There were some reports of intimidation of UNMIK, OSCE, and KFOR
officials, but no reports of attacks; however, there were reports of
attacks on CIVPOL, KPS, and KPC officers. According to UNMIK CIVPOL,
there were 656 arrests made for crimes committed against CIVPOL and KPS
officers. These included offenses such as threats, burglaries, civil
disorders, and resisting arrest. On May 17, a Kosovo Serb was arrested
for the April 27 beating of KSP Officer Rahman Kelmendi. In November a
CIVPOL officer was hit in the head with a rock during a demonstration
against a Serb go-and-see visit in Grmovo, Viti/Vitina municipality. On
November 2, the Kosovo press reported that a group of 20 Kosovo Serbs
from the village Priluzje attacked an UNMIK police patrol, badly
injuring one policeman and slightly wounding several others. The
incident apparently broke out after a cafe owner was asked to close his
establishment after midnight. There were no arrests. On November 11,
unknown suspects fired shots at KFOR troops on patrol. No injuries were
reported and no arrests were made.
Twice in September and once in October, CIVPOL reported that the
home of a Kosovo Serb KPS officer in Viti was attacked. CIVPOL began an
investigation in October, which was ongoing at year's end.
UNMIK police charged two of its officers with patronizing
prostitutes in Kosovo.
On July 31, six explosions took place in Klokot and one in Balance,
injuring two KFOR soldiers. The investigations into both incidents were
ongoing at year's end. On January 20, Kosovar Albanians Idriz Balaj and
Teuta Balaj and their 2-year-old son were injured when an explosive
detonated as they entered the front door of their home in Gjakove/
Djakovica. The adults were active KPC members. On December 13, a car
bomb exploded outside a restaurant in Pristina injuring at least 20
people.
A Kosovo Serb paramilitary group known as the ``Bridgewatchers''
continued to operate on and around the boundary between north and south
Mitrovica. During the year, UNMIK CIVPOL attempts to arrest armed
Bridgewatcher members resulted in aggressive demonstrations and rock-
throwing by large groups of Kosovo Serb bystanders (see Section 2.b.).
On April 8, Kosovo Serbs threw rocks and hand grenades at UNMIK and
CIVPOL officers during a violent demonstration; 22 CIVPOL personnel
were injured. Occasionally, UNMIK and CIVPOL attempts to enforce the
rule of law among Kosovo Serb civilians in the area such as traffic
stops and arrests met with similar aggression.
Prison conditions generally met international standards; however,
overcrowding and the need for repairs remained problems. There were
five low and medium security prisons administered by UNMIK in Kosovo:
Pristina, Prizren, Mitrovica, Peja, and Gjilan. In August international
observers visited the one maximum-security prison, Dubrova, in Istog
and noted significant improvements over previously reported conditions.
The facility was enlarged and a medical clinic was improved by the
donation of equipment and medicine. Male and female prisoners were held
separately. Prisoners at Dubrova rioted twice during the year, both
times in protest for better prison conditions. Conditions at Dubrova
were indicative of conditions at prisons throughout Kosovo.
Dubrova prison housed older youth offenders between the ages of 17
and 21. As of August 29, 60 of the 598 inmates of Dubrova were between
the ages of 17 and 21, 50 percent of whom had been convicted of murder.
Inmates ages 17 to 21 were held separately from adult inmates. There
was one medium security prison referred to as a ``correctional and
educational institution'' that held juveniles under the age of 18, and
women.
Pretrial detainees were held separately from convicted criminals;
although they may be held in the same facility due to overcrowding,
they were kept in separate cells. There was at least one hunger strike
during the year, which was resolved through the involvement of the OSCE
Ombudsperson.
Prison officials consistently permitted visits by independent human
rights observers. KFOR maintained a detention facility at Camp
Bondsteel for persons accused of war crimes, serious ethnic offenses
and political violence, including armed extremism. A total of 179
persons were detained at Bondsteel this year; as of mid-November, there
were no detainees being held (see Section 1.d.). Prisons and detention
centers, including Camp Bondsteel, permitted the International
Committee for the Red Cross (ICRC) full access to prisoners and
detainees. In the absence of a formal agreement but pursuant to the
OSCE's mandate for human rights monitoring, they also offered access on
an ad hoc basis to the OSCE human rights observers. Only OSCE and ICRC
observers were allowed to visit prisoners on a regular basis. In May
the OSCE Ombudsperson attempted to visit a prison unannounced, but was
denied access, and told that 24-hour notice was required. The
Ombudsperson raised the issue with the head of UNMIK Pillar I (Police/
Justice), who supported the requirement of prior notice. The SRSG
overruled Pillar I, and confirmed in writing the Ombudsperson's right
to unimpeded, unannounced access.
d. Arbitrary Arrest, Detention, or Exile.--Under UNMIK regulation
1999/24, police may detain criminal suspects for up to 72 hours without
charging them; however, sources reported that CIVPOL used the 72-hour
investigation detention authority as a means of minor punishment with
no intention of filing charges. Some judges also complained that CIVPOL
did not always bring detainees before them by the expiration of the 72-
hour period even when they intended to charge them and such cases were
dismissed. Arrest warrants were issued and executed in an open manner
by civilian authorities. The former Republic of Yugoslavia's criminal
procedure, Article 197, permits pretrial investigative detention for up
to 6 months, but UNMIK has decreed by Regulation 1999/26 that this
period may be extended by up to an additional 6 months in cases where
the suspected crimes are punishable by a sentence of over 5 years. In
June the high-profile case involving the exceptionally lengthy
detention of Afrim Zeqiri, a Kosovar Albanian accused of shooting three
Kosovo Serbs in May 2000, was resolved when he was acquitted after
being held for 2 years under an SRSG ``executive order.''
KFOR does not require arrest warrants to implement a safe and
secure environment under UNSCR 1244; however, the detention process by
KFOR is transparent. In some instances, the KFOR Commander (COMKFOR)
intervened to continue the detention of persons not charged with a
crime or ordered released by the courts, but deemed an ongoing security
threat. COMKFOR may extend the period of detention in increments of 30
days. No abuses of this power were reported. There were complaints from
police and judicial personnel that when KFOR detained persons suspected
of crimes in connection with cases under KFOR's mandate to maintain a
safe and secure environment, it sometimes did not deliver such
detainees in a timely fashion (see Section 1.c.). During the year, KFOR
detained 179 suspects, most for 72 hours or less. As of mid-November,
there were no prisoners being held in KFOR's Bondsteel Detention
Facility. By year's end, all detainees had been released or transferred
to civilian facilities.
Lengthy pretrial detention continued to be a problem in cases of
serious crimes; some detainees allegedly involved in ethnically based
crimes were held on the basis of weak evidence. As of November 24,
approximately 1,122 persons remained in pretrial detention in civilian
prisons and detention facilities; 555 of whom had been sentenced.
Some observers and detainees claimed that there was an ethnic bias
in the amount of time it took to bring some cases to trial.
In 1999 withdrawing Yugoslav forces took 2,000 Kosovar Albanian
detainees into Serbia during the NATO bombing; by the end of March,
Serbian and Yugoslav authorities had released all of them.
There were no reports of political detainees, although some Kosovo
Serb defendants in war crimes cases and some former KLA members
asserted that they were being held for political reasons.
The law prohibits forced exile, and there were no reported
instances of its use.
e. Denial of Fair Public Trial.--The Constitutional Framework
provides for an independent judiciary; however, the legacy of ethnic
conflict and years of Yugoslav oppression remained an obstacle to
judicial independence. Some judges and prosecutors reportedly were
subject to outside pressure, including threats and intimidation,
particularly in cases involving ethnic disputes. Some local judges also
lacked basic legal skills needed to conduct investigations or trials.
Courts suffered from lack of supplies, equipment, and administrative
management. Additionally, prosecutors and defense counsel often lacked
advocacy skills. Foreign governments and the OSCE organized numerous
training programs for prosecutors and defense counsel during the year.
Supported by an Advisory Judicial Commission, in 1999 UNMIK re-
established a court system in Kosovo that included a Supreme Court, 5
District Courts, 22 Municipal Courts, a Commercial Court, 13 offices of
the Public Prosecutor, and a number of courts for minor offenses. The
Judicial Corps included 310 judges and 44 prosecutors, as well as over
456 ``lay judges'' (jurors) to assess the facts of the cases. There
were 17 active Kosovo Serbs, 12 Gorani or Bosniak, and 2 Roma in the
Kosovo Judicial Corps.
UNMIK concluded an agreement with the Government of Serbia that
established a program for Kosovo Serbs who wished to apply for 1 of 40
vacant judge and prosecutor positions in the local Kosovo justice
system. Kosovo Serbs applicants were given incentives, including help
resolving housing claims, threat assessments, and appropriate
protection. The Serbian government agreed to continue applicants'
pension and health care rights under the Serbian regime. In filling the
positions, Serbs and all other ethnic minorities were to be given
preference if otherwise equally qualified. The candidates were
recommended by the Kosovo Judicial and Prosecutorial Council (KPJC) and
the list was submitted to the Central Assembly, which wanted additional
information on the candidates before it would endorse the list and
submit it to the SRSG. The SRSG subsequently bypassed the Assembly and
appointed the candidates from the KJPC recommended list. Offers were
made in December and appointments continued at year's end.
UNMIK, working through the OSCE, also established several entities,
which are expected to become local institutions, to increase the
professionalism of the judicial corps. The Kosovo Judicial Institute
(KJI) opened in February 2000 to train judges and prosecutors. The
Department of Judicial Affairs established the Judicial Inspection Unit
(JIU) to monitor judicial performance and make recommendations on both
discipline and training. Since 2001 the KJPC has heard cases of
judicial misconduct; in September 2001 the KJPC decided its first
cases.
One court was comprised of international judges and prosecutors who
were appointed by the U.N. to handle inter-ethnic and other sensitive
cases. The international judiciary reported to and was managed by the
UNMIK Department of Justice, which was under the authority of the SRSG.
The local judiciary reported to the local Supreme Court and Chief
Prosecutor of Kosovo. However, the international prosecutors could hear
any case they deemed appropriate. UNMIK regulations did not explicitly
provide for an independent judiciary.
Approximately 12 UNMIK-appointed international judges and 5
international prosecutors worked in the District and Supreme Courts
parallel to local judges in ethnically or otherwise sensitive cases.
However, UNMIK did not make public the criteria for which cases were to
be assigned to international personnel and practice was far from
transparent. In some instances, local judges refused to sit on panels
with a majority of international judges for fear the community would
hold them accountable for unpopular verdicts. Some international judges
and prosecutors were not always familiar with applicable law in Kosovo.
The lack of a tracking mechanism to identify cases from arrest
through closure reportedly has created an opportunity for corruption
among prosecutors, court personnel, and defense counsel, although there
was no specific information that corrupt practices have occurred. The
lack of a tracking mechanism was also an obstacle to determining which
police investigations are being pursued by the District Prosecutor.
The law provides for the right of defendants to be present at their
trials and to have legal representation, at public expense if
necessary. However, as a result of the 10-year period of resistance to
Yugoslav oppression during the 1990s and the consequent refusal of
Kosovar Albanians to participate in Yugoslav structures, Kosovo only
had 186 licensed attorneys to handle all legal work. More than 1,000
students were trained in law under a parallel academic system during
the 1990s, but had no access to a Kosovo bar examination and were not
licensed. The local Chamber of Advocates and UNMIK reached agreement on
the substance of and modalities for a bar examination for Kosovo. The
first examination in more than 10 years was held in December 2001. From
December 2001 to December 2002, the bar exam was held five times; out
of the 360 candidates who took the exam, 218 passed.
The defense bar, The Kosovo Chamber of Advocates, remained weak and
disorganized, and was rooted in a passive approach to defense due to
years of practice under socialist and authoritarian codes. The OSCE
established a local NGO, the Criminal Defense Resource Center, to
assist in addressing these problems and to serve the defense bar in
capacity-building. NGOs and international donors conducted training for
the defense bar in advocacy, practical skills and international human
rights law. The Kosovo Chamber of Advocates, funded by the European
Agency for Reconstruction, conducted a legal aid program throughout
Kosovo. Legal aid was provided to all the citizens of Kosovo, mainly on
civil and administrative law matters.
Some Kosovo Serb lawyers participated in the judicial system
established by UNMIK in order to provide representation to Kosovo Serb
defendants; however, many Kosovo Serb defendants were denied adequate
representation when Kosovo Serb lawyers were unavailable or lacked
sufficient freedom of movement to travel to their potential clients
(see Section 1.d.). The situation improved during the year. The Serbian
Justice Ministry has a unit within the Serbian Defense Bar that works
exclusively representing Serb defendants in Kosovo. Courts in Serbia
and ``shadow'' courts operating in some Serb enclaves in Kosovo
continued to handle cases; personnel in these parallel courts
reportedly were paid by the Serbian Justice Ministry. A July agreement
between UNMIK and the Serbian government was supposed to end this
practice of receiving two salaries, but had not done so by year's end.
When they began hearing cases in early 2000, the courts faced a
high backlog of criminal cases. International judges completed 33
criminal cases. By June local courts had tried 3,148 criminal cases,
the vast majority were petty crimes and crimes against property; most
resulted in fines or prison sentences under 6 months. Higher courts
heard 302 appeals. Legal experts and human rights observers continued
to fear that a fair trial would be unlikely in criminal cases involving
ethnic minorities, and prosecuted or tried by Kosovar Albanian judicial
personnel. As a result, such cases were routinely assigned to
international judicial personnel. The judicial system also faces the
problem of a lack of staff. The Pristina district prosecutor's office
only had 2 prosecutors for more than 500,000 individuals.
After the NATO campaign and Yugoslavia's withdrawal from Kosovo,
Kosovar Albanian judges were unanimous in rejecting Yugoslav and
Serbian law. UNMIK issued Regulation 1999/24, which defined applicable
law in Kosovo to include both UNMIK regulations and legal codes in
effect as of March 1989, when Kosovo lost its autonomy. Local legal and
judicial personnel were enjoined first to apply the Kosovo code in
effect in 1989, then to proceed to the Yugoslav and Serbian codes to
the extent that the first code was incomplete. Regulation 1999/24 bound
all public officials to respect international human rights laws and
conventions; although initially they largely were unacquainted with
these laws. International organizations and NGOs have implemented
programs to increase the judiciary's awareness and application of
international human rights laws and conventions.
Although the compilation of criminal law generally met accepted
international standards, it was considered unwieldy and incomplete. The
SRSG-appointed Joint Advisory Committee on Legislation, comprised of
Kosovar and international legal experts, completed a new draft Criminal
Code and a new draft Criminal Procedure Code; however, UNMIK had not
approved them by year's end.
There were no confirmed reports of political prisoners; however,
some Serbs and former KLA members convicted by the courts of war crimes
asserted that they were political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The law prohibits these actions and UNMIK authorities
generally respected these prohibitions in practice; however, a few
individuals and local NGOs accused KFOR of using excessive force in
executing arrests or weapons searches in private homes resulting in
property damage.
On March 18, UNMIK issued a regulation on Covert and Technical
Measures of Surveillance and Investigation. This regulation permitted
police to conduct covert operations with the prior written approval of
an investigative judge or public prosecutor.
Respect for private property rights continued to be problematic and
interethnic property disputes stemming from the displacement of the
1999 conflict continued to be among the most serious obstacles to
ethnic reconciliation. Withdrawing Yugoslav forces removed or destroyed
most existing property records and this, combined with the disruption
caused by 10 years of Serbian authoritarianism and massive property
destruction, complicated property rights issues. It was particularly
difficult to know how occupants of vacated properties could remain
where they were living, how owners could rightfully reclaim their
property, where returnees and internally displaced persons (IDPs) could
live and build, and how potential investors could gain title to land
before investing significant sums.
In Mitrovica Kosovo Serbs in the northern part of the city
continued to illegally occupy Kosovar Albanian properties, while
Kosovar Albanians in the southern part of Mitrovica also refused Kosovo
Serbs access to their property. A local initiative to allow access to
property on both sides of the Ibar River in Mitrovica resulted in
little progress. There were some evictions of illegal occupants in the
southern or Albanian side, but none so far in the northern or Serbian
side.
Civilians were also responsible for the destruction of private
property, of which 523 cases of arson and 22 cases of looting were
reported (see Section 5). There was evidence that Kosovar Albanians in
several ethnically mixed areas used violence, intimidation, and offers
to purchase at inflated prices in order to break up and erode Kosovo
Serb neighborhoods through strategically targeted property purchases. A
number of the cases of violence against Serbs may have been attempts to
force persons to sell their property (see Section 5).
In August 2001, UNMIK enacted a regulation to prevent the wholesale
buy-out of Kosovar Serbian communities and to combat the intimidation
of minority property owners in certain geographic areas. The regulation
mandated that Municipal Administrators approve every proposed sale of
property (excluding agricultural land) between Kosovo Serbs, and other
minority groups, to Kosovar Albanians. UNMIK did not implement this law
effectively during the year, in part because of limited resources. The
evaluation of each case was time consuming and many Kosovo Serb owners
were unable or unwilling to cooperate. The OSCE Ombudsperson and human
rights groups criticized the regulation as limiting the ability of
Kosovo Serbs to exercise their property rights.
A recently reorganized Housing and Property Directorate (HPD) has
given greater confidence to Kosovars and the international community
that it will be able to achieve its goal of receiving the majority of
outstanding property claims from 1999, by its final deadline for
submissions in June 2003. Since the arrival of a new director in
October, HPD has significantly bolstered its ability to process claims,
and was producing approximately 125 decisions on claims per week, as
well as up to 30 evictions of illegal occupants per week. At year's
end, HPD had collected 24,000 of an estimated 70,000 claims, had
resolved 1,425 claims, and had evicted illegal occupants from 395
homes.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--UNMIK regulations provide a
framework for recognition of the rights to freedom of speech and of the
press, and UNMIK generally respected these rights in practice. In 2000
UNMIK issued a regulation prohibiting newspaper articles that might
encourage criminal activity or violence. Some local and international
media observers criticized this as an infringement of freedom of the
press.
UNMIK Regulation 2000/4 prohibits hate speech and speech that
incites ethnic violence. Otherwise, individuals were not prevented from
publicly or privately criticizing the UNMIK administration or the PISG.
Most print and electronic media in Kosovo were independent, but
regulated by UNMIK. One Kosovar Albanian electronic media outlet, RTK
television, remained publicly funded. Additionally, a foreign
government funded two independent broadcast stations and several
publications for Kosovo's minority communities. Neither UNMIK nor donor
countries exercised editorial control over these media outlets.
Although the numbers of daily and periodic newspapers varied
depending on available financing, there were six or seven of each
during most of the year. There were six daily newspapers in Albanian,
all published regularly and locally. An economic-themed Albanian weekly
started, but was published in Switzerland. The monthly magazine Glas
Juga was the only Serbian language publication. It was published in the
Kosovo Serb enclave of Gracanica and printed in Greece. The Bosniak
weekly Alem was printed in Kosovo. Most of the main dailies were
aligned with different political parties, although there were two
independent daily newspapers.
At year's end, there were 79 radio and 24 television stations
available in Kosovo. Of these 47 radio and 15 television stations
broadcast only in Albanian, 20 radio and 7 television stations
broadcast in Serbian only, 2 radio stations broadcast in Turkish, 3
radio stations broadcast in Bosniak, and 1 radio station broadcast in
Gorani. Multi-ethnic stations broadcasting in Albanian, Serbian,
Romani, Turkish, Bosniak, and Gorani included 16 radio and 2 television
stations. Of these four radio and three television stations broadcast
Kosovo-wide.
Libel laws were not used to stifle criticism of UNMIK or the PISG.
UNMIK regulations 2000/36 and 2000/37 prohibit the publication in both
the print and broadcast media of personal information that would pose a
threat to the life, property, or security of persons through vigilante
justice or otherwise. Complaints of libel were addressed by the
Temporary Media Commissioner (TMC). During the year, the TMC sanctioned
newspapers Bota Sot and 24 Ore with fines after subjects of articles
complained that reporting about them had been untrue and malicious.
Through its regulation establishing the Department of Post and
Telecommunications, UNMIK controlled the broadcasting infrastructure
while the OSCE oversees the Department of Media Affairs. In 2000 UNMIK
issued Regulations 2000/36 and 2000/37 on the conduct and organization
of both broadcast and print media and established the office of the TMC
and the Media Appeals Board. The TMC was responsible for publishing a
broadcast code of conduct and issuing licenses, for issuing temporary
codes of conduct for print media, and for imposing sanctions, up to and
including closing down offending media organs in the event of
violations of UNMIK regulations or published codes of conduct. The
Constitutional Framework provides for an Independent Media Commission
and a Board of the Public Broadcaster, both to be independent of the
PISG. UNMIK was actively working to establish both boards. In the
interim, appointments to the TMC Media Appeals Board continued. In
October the Kosovo Assembly announced the formation of a ``Committee on
the Media,'' the responsibilities of which remained unclear.
According to the Temporary Media Commission, there were no reports
of physical attacks on journalists during the year.
The Government did not restrict or monitor access to the Internet.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--UNMIK regulations
provide for freedom of assembly; however, UNMIK authorities
occasionally limited the right to assemble based on security concerns.
No written permit is needed to hold a demonstration, but for police
coordination purposes, organizers must notify UNMIK 48 hours in advance
with the purpose, time, place, route, and contact person for the
demonstration. In granting permits for organized demonstrations,
regional UNMIK civilian police chiefs made a determination based on the
potential for violence and the current security situation.
Civilian UNMIK police and KFOR units occasionally forcibly
dispersed demonstrations that became violent or otherwise unmanageable.
The police occasionally responded inappropriately. However, in most
instances, UNMIK and KFOR authorities dispersed hostile protestors with
minimal injuries.
On February 8, a protest organized by KLA-affiliated associations
against the arrest of three former KLA members became violent when
several hundred aggressive protesters attacked a small contingent of
UNMIK and Kosovar police. In February the arrest of two Kosovo Serbs
sparked fierce, but brief, street demonstrations in north Mitrovica by
local ethnic Serbs (see Section 1.a.). On April 8, UNMIK police were
subject to a violent protest by Bridgewatchers and their supporters,
after a Bridgewatcher member wanted by police was arrested at a traffic
checkpoint in north Mitrovica. A riot ensued, injuring 23 persons,
including 19 UNMIK personnel. Special Police who were hit by hand
grenade fragments from two devices thrown by Bridgewatchers. One arrest
was made (see Section 1.c.).
On August 15, a demonstration in Decan turned violent and police
officers reportedly responded with excessive force. Ultimately over 20
persons were arrested and several persons, both demonstrators and
CIVPOL, were injured. A regional CIVPOL commander was suspended and
disciplined for mishandling the situation.
On October 10, violence erupted in Peje when a group of Kosovo
Serbs entered the town by bus to apply for pension payments. A mob of
local Kosovar Albanians threw gasoline bombs and chunks of concrete at
the bus, over the ranks of KFOR special police units and UNMIK
municipal police. Police officers blockaded all major roads into and
out of the town and dispersed the violent individuals using tear gas
and plastic bullets. Safe passage out of the municipality for the
Kosovo Serbs was quickly established, and there were no reports of
injuries on either side. Within days police arrested five persons
suspected of inciting the violence.
UNMIK regulations provided for freedom of association, and the
Government generally respected this right in practice; however, during
the municipal election campaign in September and October, UNMIK,
following a PISG decision, barred political parties from using public
school buildings for political meetings and rallies. This was a serious
obstacle to campaigning in many areas since often the only indoor sites
suitable for a large gathering were local schools. Two weeks prior to
the election, UNMIK and the PISG suspended the policy, allowing
civilian police to issue permits for peaceable assembly of political
organizations in public school buildings after hours.
In its regulations governing the definitions of and registration
requirements for both political parties and NGOs, UNMIK stated
specifically that such regulations did not affect the right to
association.
c. Freedom of Religion.--The Constitutional Framework provides for
freedom of religion, and UNMIK and the newly established provisional
Kosovo government generally respected this right in practice. Kosovo is
a secular society with no state religion. There are no specific
registration or licensing regulations for religious groups; however,
the requirement that NGOs must register affected some religiously-based
organizations, although it was not regularly enforced.
The majority of the population was Muslim with significant numbers
of Serbian Orthodox and Roman Catholics. Religion and ethnicity were
intertwined so closely that it was difficult to clearly identify
discriminatory acts as primarily religious in origin rather than
ethnic. However, the political identities of all ethnic groups have
been influenced strongly by religion, and some instances of ethnic
discrimination or tension may have had religious roots. Kosovo Serbs
identified themselves with the Serbian Orthodox Church, which defined
not only their religious but also their cultural and historical
perspectives. Muslim and Catholic communities tended to cooperate along
ethnic lines, as both groups were ethnic Albanians. Significant parts
of the Kosovar Albanian community continued to view the Serbian
Orthodox church with hostility and suspicion based on the high-profile
political role often played by Serbian Orthodox clergy both in the past
and present, as well as the frequent use of Serbian Orthodox symbols by
Serbian extremists.
Societal violence against Serbs in Kosovo continued to decrease
during the year, although this trend was marred periodically by
incidents of ethnically motivated violence, harassment, and
intimidation. Serbian Orthodox clergy sometimes have encountered rock-
throwing while traveling and in the vicinity of some religious sites.
Monks and nuns at some monasteries also reportedly were unable to use
parts of the monasteries' properties due to safety concerns. Security
concerns had a chilling effect on the Kosovo Serb community and their
freedom of movement, which also affected their freedom to worship. Serb
families with relatives living in both Kosovo and Serbia were
restricted by security concerns from traveling to join their relatives
for religious holidays or ceremonies, including weddings and funerals.
UNMIK police and KFOR have designed several mechanisms to provide
security to improve mobility.
Protestants also suffered some violence and discrimination in
Kosovo. Some Protestant leaders were threatened and even attacked; in
one incident in south Mitrovica, a Protestant leader left Kosovo after
unknown perpetrators fired shots at his house. Some Protestants
suggested that non-Kosovar Muslims either were responsible or incited
the attack. In another incident, masked persons held an ethnic Albanian
Protestant pastor at gunpoint and robbed him before releasing him.
There were attacks on Serbian Orthodox churches and cemeteries
during the year, presumably by ethnic Albanian extremists, although the
number of such attacks decreased. The Prime Minister and Kosovar
Albanian political leaders made a public effort to visit damaged and
destroyed churches and expressed a commitment to assist in the
reconstruction of some of the destroyed churches.
In June following a serious outcry in the Serbian-language press
over vandalism perpetrated against Orthodox cemeteries in Kosovo, UNMIK
police undertook a survey of cemeteries in Rahovec/Orahovac and in the
towns of Livadica and Milosevo. They established that most of the
damage was not recent. In July a fire was set in the remains of the
Zociste Monastery of Saints Cosmas and Damian, near Rahovec. The
monastery had been destroyed immediately after the war. In November two
Orthodox Churches in Istog were seriously damaged by explosive devices;
the perpetrators have not yet been identified. Although UNMIK continued
to take steps to ensure that members of all religious groups could
worship safely, Bishop Artemije Radosavljevic, the leading cleric of
the Serbian Orthodox Church in Kosovo, remained at a monastery in the
Serbian enclave of Gracanica, near Pristina, rather than at his
diocesan seat in Prizren.
In light of post-conflict societal violence against properties
owned by the Serbian Orthodox Church and Serbian Orthodox religious
symbols, UNMIK authorities took steps to protect religious sites and to
ensure that members of all religious groups could worship safely. KFOR
continued to guard many Serbian Orthodox patrimonial sites, but began a
gradual hand-over of such responsibility to the Kosovo Police Service
(KPS) working with UNMIK CIVPOL. KFOR transferred protection of 47
religious sites to KPS and CIVPOL, and planned to transfer another 10
sites to police control before the end of the year. However, two
November 16 attacks on Serbian Orthodox churches in the Istog
municipality, which were not under KFOR guard, might have altered the
transfer timetable. There were no injuries when bombs were detonated at
12 a.m. and 5 a.m., since the churches were empty and it had not yet
been determined who was responsible for the attacks.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation.--Applicable law provides for freedom of
movement and no special documents were required for internal movement;
however, interethnic hostilities were such that security concerns
widely restricted freedom of movement in practice. Kosovo Serbs and, to
a lesser extent, other minority communities found it difficult to move
about safely without an international security escort. The level of
freedom of movement for Kosovo Serbs varied greatly depending on
location, but there was a marked increase in freedom of movement in
many areas for Serbs and other minority communities during the year. In
some areas, Kosovo Serbs moved about Albanian-majority communities
without incident; in others, they required a KFOR or CIVPOL escort to
avoid incidents, possibly involving physical violence. There were two
incidents when groups of Kosovo Serbs attempting to visit Albanian-
majority areas were attacked. In October a bus of Kosovo Serb
pensioners was attacked when visiting Peje to apply for their pension
payments (see Section 2.b.). In November a convoy of prospective Kosovo
Serb returnees was stoned in Grmovo village during an NGO-facilitated
``go and see'' visit. In Mitrovica there were restrictions on freedom
of movement for both Albanians and Serbs due to ethnically based
harassment (see Section 5).
In order to improve freedom of movement by rendering Serb and
Albanian vehicles indistinguishable from each other, UNMIK offered
Kosovo license plates to Kosovo Serbs for no fee if they had already
paid for vehicle registration in Serbia. UNMIK set up mobile
registration points for these license plates in Serbian enclaves and in
several of the Serbian majority municipalities. Other minorities have
asked that UNMIK issue them free Kosovo plates as well. There were a
few problems with the exchange program. The Government of Serbia did
not endorse the program and did not sign the memorandum of
understanding. Kosovo Serbs reported that they did not feel secure
travelling to municipal centers to register for the program, and UNMIK
provided very few mobile registration teams for outreach to enclaves.
During the 1999 war, Serb and Yugoslav forces conducted a
deliberate campaign of ``identity cleansing'' in which they confiscated
and destroyed citizen identification documents, and destroyed the
central and municipal archives and civil registers. Many Kosovar
Albanians were left with no documents of identity. Even those Kosovo
residents with Yugoslav passports continued to find their passports
invalid for travel to some neighboring countries.
In 2000 UNMIK published a regulation that authorized the Central
Civil Registry to issue travel documents to any person registered as a
habitual resident of Kosovo. UNMIK issued more than 1.3 million
identity documents and over 310,000 travel documents. These documents
were printed in Kosovo, which has reduced waiting time significantly.
Some 29 countries have recognized UNMIK travel documents, primarily the
European Union, the U.S., and Balkan nations; however, negotiations
were ongoing with Eastern European and Middle Eastern countries. The
SRSG issued individual travel letters in limited cases, but such
documents were not widely recognized. Kosovo Serbs often qualified for
and received Serbian identity and travel documents, in addition to
UNMIK issued Kosovo identity documents.
UNMIK and the PISG did not restrict or otherwise prohibit
emigration, nor did they obstruct repatriation. Since Kosovo did not
have national status, revocation of citizenship was not an issue.
While precise figures were unavailable, substantial numbers of
Kosovo Serbs and Roma fled Kosovo following the conflict. Many
displaced persons did not register with international agencies. UNHCR
estimated that more than 233,000 IDPs remained in Serbia and
Montenegro, including Kosovo Serbs, Roma, Ashkali, Egyptians, and
Montenegrin Muslims. UNHCR's registration of IDPs listed 152,000
displaced Kosovo Serbs remaining in Serbia, 29,000 in Montenegro, and
3,305 in Macedonia. The number of displaced Roma was difficult to
estimate, although some sources reported that as many as 25,000 Roma
fled in the aftermath of the conflict. Following the establishment of a
civil administration by UNMIK, several countries that had offered
temporary refuge to ethnic Albanians forced by Milosevic to leave
Kosovo ended their programs and began forcing the refugees to return to
Kosovo.
After the 1999 withdrawal of Yugoslav troops from Kosovo, the U.N.
High Commissioner for Refugees (UNHCR) oversaw the immediate return of
882,000 ethnic Albanian refugees and IDPs from surrounding regions and
other countries. An additional 150,000 IDPs have returned since that
time, many through the International Organization for Migration (IOM)
repatriation programs. Spontaneous repatriation of Kosovar Albanians
continued but was difficult to track.
On July 4, the Central Assembly approved a resolution on the return
of IDPs and refugees. This resolution declared that ``all citizens of
Kosovo, regardless of race, gender, religion, and ethnic background
have the legal right to enjoy their property'' and ``have the right of
unrestricted freedom of movement.'' It called for the Government to
create the preconditions for successful returns and reintegration of
IDPs.
UNMIK and the international community were able to address many of
the most pressing problems of returnees from all ethnic groupings, yet
difficulties remained in obtaining sufficient housing, social services,
property records, civil services, and education. In addition to UNMIK
programs, a significant number of NGOs provided assistance in
resettlement and repatriation efforts.
Most of the Kosovo Serbs and approximately 25,000 Roma who fled
when Yugoslav forces withdrew had not returned by year's end. Their
concerns centered on physical safety, lack of freedom of movement, and
lack of employment opportunities. Many IDPs and refugees outside Kosovo
also did not have accurate information on conditions in Kosovo or on
the constitutional framework or civil structure. Many Kosovo Serbs who
were previously employed in the public sector or in social enterprises
continued to receive at least a portion of their salaries from the
Serbian government and feared a return would risk cut-off of this and
other Serbian government benefits and protections. UNMIK, the UNHCR,
and the international community continued a minority stabilization
program to address some of the assistance needs of prospective
returnees.
UNMIK's Office for Returns and Communities developed a rights-based
policy for returns and created an operational framework for the returns
process. The UNHCR and OSCE reported that the outflow of Serbs to
Serbia tapered off. Recent UNMIK data suggests that the numbers of
Serbs returning to Kosovo, while small, exceeded those departing. While
firm return numbers were difficult to confirm, UNHCR estimated that
more than 5,500 persons from non-majority ethnic communities have
returned since 2000. UNHCR estimated that 3,358 of these returnees were
ethnic Serbs and that 2,228 came from other minority groups.
Although the high level of anti-Serb violence that characterized
the period just after Yugoslavia's withdrawal decreased significantly,
ethnically motivated violence and crime continued to be a serious
problem for minorities (see Section 5). Several villages that
previously were ethnically mixed had become almost entirely Albanian,
with Serb residents moving to Serb villages elsewhere in Kosovo or
leaving altogether. KFOR and UNMIK continued to provide security as
necessary to some enclaves and minority settlements, including escorts
for family visits, shopping, school attendance, and medical care. KFOR
also regularly escorted convoys of private vehicles. In August KFOR
again changed security measures by removing many fixed check points,
stopping a majority of minority escorts (transportation security), and
removing tight security from many enclaves. KFOR based these decisions
on the improved security environment in Kosovo, and on the belief that
a more dynamic and flexible environment would build confidence among
Kosovo Serbs. KFOR has adopted a policy of random, intermittent escort.
There were no direct attacks on KFOR escorts; there were incidents in
October in Peje and November in Grmova that involved interethnic
violence when Kosovo Serbs visited the town with indirect KFOR
assistance.
Some minorities, including Bosniaks, Egyptians, Ashkali, Gorani,
and some Roma, lived alongside ethnic Albanians and reported that their
security situation improved during the year, although incidents of
violence and harassment continued to occur and their freedom of
movement was restricted in some areas of Kosovo. Serbs throughout
Kosovo and Roma in some areas reported that they were afraid to leave
their enclaves due to fear of intimidation and attack by ethnic
Albanians. Bosniak leaders have complained that many thousands of their
community have left the province both because of discrimination and a
lack of economic opportunity. The Turkish community was more closely
integrated with Albanians and was less threatened than other
minorities. The remaining Roma in Kosovo largely were settled in
enclaves and settlements and were dependent almost wholly on
humanitarian aid (see Section 5).
In April 2000, the Interim Administrative Council (IAC) endorsed a
Declaration and Platform for Joint Action, under which key Kosovar
Albanian leaders visited those areas where local Albanians and Roma
were trying to establish more cooperative inter-ethnic relations, thus
encouraging a climate conducive to the return of those who fled Kosovo
earlier. Although some progress was made, resettlement of Roma,
Ashkali, and Egyptians continued to be very limited.
In Mitrovica there were restrictions on freedom of movement due to
ethnically based harassment (see Section 5). Ethnic Serbs stationed
near the bridges monitored persons who crossed the Ibar River from
south Mitrovica into the northern part of the town.
The law does not provide for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol. Kosovo does not provide first
asylum; however, refugees from the conflict in Macedonia were assisted
in Kosovo by UNHCR. Of the 12,000 refugees who arrived in Kosovo in
2001, 4,000 remained at year's end. UNMIK cooperated with the office of
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
The country continued to be administered under the civil authority
of UNMIK, but as noted in UNSC Resolution 1244, UNMIK seeks to provide
``substantial autonomy and meaningful self-administration'' to the
persons of Kosovo. After the withdrawal of Yugoslav forces in 1999,
UNMIK, the OSCE, and other international actors organized a series of
elections to provide locally elected leadership: The October 2000
municipal elections, the November 2001 Kosovo-wide, or general
elections, and the October municipal elections.
All UNMIK-registered citizens of Kosovo over the age of 18 were
eligible to vote in the elections. One of the most critical elements of
the establishment of both a civil administration and an electoral
process was the registration of Kosovo's legitimate residents,
following Yugoslavia's ``identity cleansing'' (see Section 2.d.).
Throughout the year, UNMIK and OSCE continued to refine the civil
registration system, upon which voter registration is based, and ethnic
minorities resident in Kosovo registered with UNMIK in more significant
numbers than in the previous years. Approximately 1.3 million voters
were registered for the October municipal elections. These included
more than 120,000 voters, largely Serb and Roma, residing outside
Kosovo.
Created as a result of the general election in November 2001, the
120-member multi-party, multi-ethnic Central Assembly elected Ibrahim
Rugova as President of Kosovo, approved Bajram Rexhepi as Prime
Minister, and 10 Ministers of government on March 4. Under the
Constitutional Framework and its implementing regulations, the
departments of the UNMIK-created Joint Interim Administrative Structure
(JIAS) were consolidated and reorganized to become 10 Kosovar
Ministries under the new PISG. Although a number of powers were still
reserved to the SRSG, including those regarding foreign affairs and
justice, broad areas of responsibility were increasingly vested with
Kosovo's elected representatives who coordinated their efforts with
those of the SRSG.
The UNMIK-established Central Election Commission (CEC) and 30
municipal election commissions (MECs) continued to establish electoral
rules and organized the operational details of the municipal elections;
these were substantially the same for the October 26 municipal
elections as for the election in 2001. However, the municipal election
commissions took a larger role in election preparations than they had
in the previous elections as part of UNMIK's long-range plan to
increasingly transfer responsibility for elections from international
to local officials. In July an Election Working Group (EWG) was
established by the OSCE to serve as an advisory body to the SRSG and to
discuss the basic guidelines and principles underpinning future
electoral processes, including the regulatory framework. However, the
EWG was largely inactive from its creation through the end of the year.
In August the CEC certified a total of 68 political entities for
the October municipal elections, compared to the 26 certified for the
2001 general election. There were 28 political parties, one coalition,
28 citizens' initiatives, and 11 independent candidates. Most of the 68
entities were minority-based, including 30 Kosovar Serb, six Kosovo
Bosniac and Gorani, five Kosovo Roma-Ashkali-Egyptian (RAE), one Kosovo
Turkish and one Kosovo Croatian organization. There were five
requirements for certification and they were consistently applied to
all applicants: 100 signatures of local voters, a statement of conduct,
the name of the political entity, a policy statement, and a
certification fee. Several political parties were denied certification
in various municipalities--most frequently for invalid signature lists,
but also for deadline violations. The CEC applied the rules regarding
certification fairly and consistently to all parties. Unlike 2001 when
three persons were banned from participation by the SRSG due to
reported association with political violence, no candidates were banned
for political violence from participation in the municipal elections,
although 20 candidates from various parties were removed from the lists
for financial disclosure and other violations.
Many Kosovar Albanians continued to object to the UNMIK-imposed
requirement that potential voters must have resided in Kosovo as of
January 1998 in order to vote. They argued that this requirement
disenfranchises the Kosovar Albanian diaspora who fled the area during
the Milosevic regime in the nineties. The electorate also expressed
concern over the organization for the October election, particularly
with regard to the voters list. Many Kosovar Albanian political party
officials, primarily from municipalities with significant numbers of
out-of-Kosovo voters, challenged the eligibility to vote of individuals
they claimed had never lived in the municipality, were dead or
otherwise did not meet residency requirements. OSCE defended the out-
of-Kosovo registration process and challengers failed to produce
evidence that any out of country voters were ineligible.
The Democratic League of Kosovo (LDK) continued to be the most
popular political party in Kosovo, garnering more than 45 percent of
total votes cast in the October municipal elections. All major parties
and many of the smaller ones have youth wings.
On October 23, the OSCE's Election Complaints and Appeals Sub-
Commission (ECAC) randomly selected 20 candidates by lottery and
removed them from the lists of 5 political entities because the
entities had violated the agreed code of conduct. The most common
violation leading to this action was the failure of an entity to
provide financial disclosure. The leading party, LDK, was the most
flagrant violator in this area and lost 11 candidates to the penalty.
The September and October electoral campaign period saw little
tension and almost no violence, although there were minor clashes at
rallies. There were far fewer reports of politically inspired violence
or intimidation during this campaign than during the same period in
2001 and there were no credible reports of Albanian intimidation of
minority voters. On October 17, an LDK activist's house was attacked
with two grenades and small arms fire, but there were no injuries. On
October 27, following the election, Uke Bytyci, mayor of Suhareke/Suva
Reka and leader of the local LDK branch, was shot and killed when he
attempted to intervene in a confrontation between LDK and PDK
supporters. Two PDK supporters were arrested for the murder and were
awaiting trial at year's end.
International and domestic observers, including the Council of
Europe, determined that the October 26 municipal elections were well-
organized, efficient, and generally met international standards.
Although these observers reported fewer irregularities than in previous
years, they did identify some irregularities and logistical flaws.
Voter registration data available at the polling stations improved
significantly, but remained sometimes incomplete. Some voters,
especially in rural areas, tried to insist on voting in family groups
rather than individually, with the patriarch deciding for whom they
would all vote. The presence of community or national flags at polling
centers continued to be a point of contention, sometimes resulting in
delayed openings at polling centers. However, election officials were
able to address most problems.
The October 26 municipal elections attracted participation by all
ethnic communities, although Serb participation varied significantly by
municipality. The Kosovar Serb community in north Mitrovica,
constituting over half of the Serb population resident in Kosovo,
virtually boycotted the election. However, in other Serb majority
areas, and municipalities with significant Kosovar Serb communities,
participation was comparable to Kosovo-wide turnout. According to the
OSCE, overall voter turnout was 53.8 percent, while outside of Kosovo
(voters from Serbia and Montenegro) turnout was estimated around 14
percent. Of the 68 political entities that participated, 40 won at
least one local assembly seat. Through a majority of seats or
coalitions with other parties, LDK gained control of 18 municipalities,
PDK gained 6, AAK gained 1 and various Kosovar Serb party coalitions
won a combined total of 5. Unlike in the previous municipal election,
no seats were designated or set aside for minorities.
The November post-election period saw an unprecedented level of
coalition building in Kosovo. Since in half of the municipalities no
single party or entity achieved a majority of assembly seats, the
leading parties needed to bring smaller parties in as coalition
partners.
There were 34 women in the 120-seat Kosovo legislature. There were
none in the Cabinet. According to women's groups, few women
traditionally entered politics because of a lack of interest, money,
education, and family support. There were no reliable figures on voter
participation by women, but international election observers reported
it was roughly comparable to that of men with similar variations by
ethnic group. UNMIK electoral regulations since 2001 required that at
least one of every three candidates on a political entity's list be
female. The lists were also ``closed,'' which meant that the entity
provided a list of candidates; any assembly seats subsequently won by
the entity were then filled from the list in rank order. In response to
previous elections when women resigned their seats post-election, UNMIK
required that any seat vacated by a woman be filled by a female
replacement. Following October's election, women represented 28 percent
of the elected municipal representatives. In November 2001, women won
34 of the Central Assembly seats, 28 percent of the total. An effort by
women parliamentarians across party lines to create a women's caucus
has so far foundered on the inability of some members, particularly LDK
representatives, to look beyond party considerations.
There were 35 ethnic minorities in the 120-seat legislature. There
were two ethnic minority PISG ministers and one minority inter-
ministerial coordinator. No legal restrictions existed on participation
by ethnic minorities in government and politics. While ethnic
minorities were underrepresented at the municipal level in some parts
of Kosovo, the Constitutional Framework requires that the Assembly
include 10 reserved seats for Serbs and 10 for members of other
minorities, in addition to the twelve seats Serbs won and the 3 seats
other ethnic minorities won in the November 2001 elections.
Serbian authorities organized polling sites inside Kosovo for those
who wished to vote in Serbian presidential elections on September 29.
Given Kosovo's status as a U.N. protectorate, both UNMIK and the OSCE
Mission in Kosovo maintained distance from these elections, neither
assisting nor supporting them; international observers reported that
turnout was very low. According to observers, the subsequent Serbian
presidential run-off election on October 13 resulted in even lower
turnout in Kosovo, approximately 27 percent. Another run-off on
December 8 resulted in still lower participation. While the Serbian
election sites within Kosovo were peaceful, there were credible reports
of politically-motivated voter intimidation during the run-off
election, reportedly by supporters of unsuccessful Serbian hard-line
nationalist candidates, in an effort to keep participation below 50
percent, thus invalidating the results.
On November 7, the Kosovo Serb parliamentary caucus, Povratak,
began a boycott of the Kosovo Central Assembly. Kosovo Serb
parliamentarians cited perceived insults at the hands of Assembly
President Daci and lack of access to documents in Serbian as reasons
for the boycott. UNMIK later appointed an OSCE advisor to monitor
plenary sessions and committee hearings for any evidence of
inappropriate behavior or language.
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
generally operated without restriction, investigating and publishing
findings on human rights cases. UNMIK was cooperative and responsive to
their views. UNMIK and the OSCE continued to encourage the development
of civil society, including domestically based NGOs.
In 1999 UNMIK issued a regulation on NGO registration; more than
1,700 domestic and 380 international NGOs were registered with UNMIK.
More than 180 NGOs have been suspended since 1999, largely due to their
failure to provide annual reports, including financial information. A
broad range of international organizations continued operations to
assist with administration and to provide post-conflict relief, but the
number of international NGOs active in Kosovo declined during the year.
NGO efforts included assistance to hundreds of thousands of
returning refugees, support for the search for the missing and social
services to ameliorate the effects of post-war trauma (see Sections
1.b. and 2.d.). The IOM coordinated training and projects for the
Kosovo Protection Corps, often in collaboration with NGOs. Human rights
observers, including those of the OSCE as well as some associated with
domestically based NGOs, were active in documenting ethnically or
politically motivated killings, disappearances, attacks, and incidents
of intimidation (see Sections 1.a., 1.b., and 1.c.). Observers also
looked into reported abuses by members of the KPS, KPC, CIVPOL, and
KFOR. UNSC Resolution 1244 gave the OSCE the mandate for human rights
monitoring. Although UNMIK and the OSCE did not reach agreement on
procedures, OSCE and other observers generally were allowed access on
an ad hoc basis to most courts and, with prior 24-hour notice, to
prisons; however, the OSCE Ombudsman does not require 24-hour notice
(see Section 1.c.).
In 2000 UNMIK authorized the establishment of the Institution of
the Ombudsperson (the OI) to ensure Kosovars' rights under
international human rights laws and to investigate allegations of
abuses by governmental entities. Since then, Ombudsperson Marek Nowicki
has received more than 700 complaints, of which approximately 25
percent were made by Kosovo Serbs, and approximately 7 percent by other
minorities. The largest number of cases (almost half) involved property
rights, with employment, fair hearing, and civil rights applications
also pursued in significant numbers. While the OI had no authority to
intervene in cases against KFOR and while UNMIK extended broad
immunities to its employees, the OI nonetheless exercised an important
advisory role both in individual cases and through special reports and
general opinions.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
UNMIK's regulation on applicable law specifically prohibits
discrimination on the basis of gender, race, or ethnic origin; however,
violence and discrimination against women and ethnic minorities
persisted.
Women.--Violence against women, including rape and a high level of
domestic violence, remained a serious and persistent problem. There
were no governmental agencies dedicated to coping with family violence.
Several domestic and international NGOs pursued activities to assist
women; however, they were constrained by a tradition of silence about
domestic violence, sexual abuse and rape. In the traditionally male-
dominated society, domestic abuse of women was not uncommon, but it is
illegal and applicable penalties include incarceration for periods of 6
months to 5 years. Formal complaints to authorities alleging domestic
violence increased significantly this year as did prosecutions;
however, few victims of spousal abuse filed complaints with the
authorities. The Kosovo Police Service School, charged with training
the KPS, included special training segments on domestic violence and
rape in its curriculum.
Rape was underreported significantly due to the cultural stigma
attached to victims and their families. Spousal rape is not
specifically addressed by law. Tradition generally prevented discussion
of the topic of rape among ethnic Albanians, since, in some
communities, the act is seen as dishonoring the entire family. The
frequent incidence of rape by Yugoslav and Serbian forces in 1999, as
well as reports of subsequent revenge-based rape by members of the KLA,
heightened the profile of rape as a form of war crime, but few
individual women came forward publicly. During the year, police
registered over 131 rapes, rape attempts and sexual assaults, an
increase in the number of reported cases over the previous year.
Kosovo served increasingly as a transit point and destination for
trafficking in women for the purpose of prostitution (see Section
6.f.).
Women have the same legal rights as men, but traditionally did not
share societal status equal to men which affects their treatment within
the legal system. Relatively few women obtained upper-level management
positions in commerce or government, although there was no legal
restriction on their doing so. There is no specific law against sexual
harassment. Traditional patriarchal ideas of gender roles continued to
subject women to discrimination. In some rural areas, women often had
little effective ability to make decisions involving their children or
to exercise control over property. While legally women and men have
equal rights to inherit property, it is customary that family property
passes to men only. Women who are widowed risked losing custody of
their children due to an Albanian custom requiring children to be given
to the deceased father's family. Particularly in rural areas, when a
man dies, his widow often is returned to her birth family and his
family assumes his land and custody of the children, leaving the widow
without property.
UNMIK's Office of Gender Affairs worked to coordinate gender issues
throughout the programs of all UNMIK offices. It identified a network
of gender focal points in all departments and in UNMIK's regional and
municipal offices that were responsible for initiating and implementing
gender policy in their respective areas, and for facilitating
consultation among UNMIK, the newly-formed Ministries of the
provisional self-government, and women's organizations. An UNMIK
regulation binds government officials to abide by the provisions of
international human rights law and conventions, but that requirement
has not yet significantly benefited women's lives in rural areas.
In population centers, the presence of UNMIK and an unprecedented
number of international organizations opened a large number of
previously unavailable jobs to women. UNMIK police and the OSCE
continued an aggressive campaign to recruit women for the Kosovo Police
Service (they make up 15.1 percent of the force). Women were
increasingly active in political and human rights organizations and
several women served as heads of domestic NGOs. The Women's NGOs
focused on a variety of issues, including domestic violence and the
establishment of a shelter for abused women in Pristina. Approximately
200 out of 3,000 KPC members were women.
Children.--In March the Ministry of Education, Science, and
Technology and the Ministry of Health assumed responsibility for issues
related to children's education and health from the previous JIAS
Departments of Education and Science, and Health and Social Welfare. A
2000 UNMIK regulation made enrollment in public school mandatory for
children between the ages of 6 and 15; however, there were some
exceptions. The regulation made no provision for a waiver of school
attendance based on safety concerns, but authorities did not enforce it
where ethnically based security concerns existed. Primary education was
compulsory, free, and universal. The vast majority of school-aged
children under 15 attended school. Most children completed secondary or
high school education. There was no difference in the treatment of
girls and boys. Following Kosovo's loss of autonomy in 1989, Kosovar
Albanian parents refused to send their children to Serb-run public
schools and developed a ``shadow'' education system. The quality of
education was uneven and the divisions inherent in society were
replicated in children's schooling. In July the Kosovo Assembly passed
a new law on education which included provisions to ensure equal
conditions for schoolchildren of all communities. The law on primary
and secondary education was promulgated in October; the law on higher
(university) education was awaiting promulgation by the SRSG at year's
end.
In July the elected Central Assembly accommodated minority
populations by providing for the right of all Kosovar children to
native-language public education through the secondary level through an
amendment to the Law on Primary and Secondary Education; schools
teaching Serbian, Bosnian, and Turkish language operated during the
year. However, the Central Assembly was not willing to license
publicly-funded higher education institutions designed to operate
parallel to the University of Pristina system.
Although several public schools run by UNMIK and the Ministry of
Education, Science, and Technology were reopened, extensive damage to
many school buildings, a lack of educational materials and persistent
electrical power outages continued to hinder the full functioning of
the education system. Both because of a lack of freedom of movement and
because of reluctance to depart from a Belgrade-based curriculum,
Kosovo Serb children frequently attended neighborhood schools that were
sometimes housed in inadequate facilities and lacked basic equipment.
During the year, international organizations continued to rebuild and
equip schools; the numbers of students enrolled increased. According to
a World Bank Poverty Assessment issued in September, enrollment for
both Serb and Albanian children at the primary level was almost
universal. However, at the secondary level, there was a marked gender
and ethnic disparity, with lower rates of attendance and completion for
Kosovar Albanian girls than for Kosovar Albanian boys or girls from the
Kosovo Serb community. In rural areas, lack of transportation led
families to prioritize sending boys to school, because of cultural
norms and the presumption that the prospect of future employment for
girls was slim. Roma, Ashkali, and Egyptian children attended mixed
schools with ethnic Albanian children; however, Roma children
reportedly faced intimidation in some majority Albanian areas. Roma
children tended to be disadvantaged by their community's poverty and
many had to start working at an early age to contribute to the family
income. Bosniak children were able to obtain some primary education in
their own language, but faced a lack of trained Bosniak teachers. The
Ministry of Education introduced the Catch-Up program for minority
children, mainly Roma-Ashkali-Egyptians, who often missed schooling due
to frequent moves in the post-conflict environment. The Ministry also
provided an expedited registration process for displaced minority
children at the secondary level and at the higher education level.
Economic problems and the aftermath of the conflict also affected
the health care system, with adverse consequences for children,
particularly minority children. Humanitarian aid officials primarily
blamed the high rate of infant and childhood mortality, as well as
increasing epidemics of preventable diseases, on poverty that led to
malnutrition, poor hygiene, and the deterioration of public sanitation.
Observers believed that the high levels of air and water pollution, as
well as the environmental effects of the uncontrolled release of toxic
substances, including lead and other chemicals at the Trepca industrial
complex, contributed to poor health conditions as well.
There was no societal pattern of abuse of children. High
unemployment and family dislocation after the conflict resulted in a
higher rate of abandonment of children. As the domestic adoption rate
and foster family programs did not keep pace with the rate of
abandonment, infants and children were increasingly housed in group
homes with few caretakers. During the year, a private initiative
succeeded in shifting many of the institutionalized children from a
local hospital to five childrens' homes of 10 to 12 children each.
Kosovo served as a destination and transit point for trafficking in
children for the purpose of prostitution (see Section 6.f.).
Persons with Disabilities.--Although the law prohibits
discrimination against persons with disabilities in employment,
education, or in the provision of state services, inadequate facilities
and the high level of unemployment posed obstacles to the employment of
persons with disabilities. The law mandates access to new official
buildings; however, it was not enforced in practice. Progress was made
in the area of education for persons with disabilities during the year.
Each municipality was charged with creating separate classes for these
children, while the Ministries of Education and Health initiated an
effort, in collaboration with international NGOs such as Handikos, to
identify children with special needs.
In August the NGO Mental Disability Rights International published
a report based on a two-year investigation of the treatment of persons
with mental disabilities in Kosovo under the UNMIK mandate. The report
found extensive and credible evidence of neglect, physical violence,
sexual assault and arbitrary detention at the main mental health care
facilities in Kosovo. At year's end, there had been no improvement in
treatment options and physical protection of residential patients was
still inadequate.
National/Racial/Ethnic Minorities.--The Milosevic regime used
ethnic differences as a basis for discrimination and abuse,
specifically targeting ethnic Albanians and exacerbating traditional
interethnic divisions. Although the high level of revenge-based
violence that followed Yugoslavia's 1999 withdrawal continued to
decline significantly, ethnically motivated violence and crime
continued to affect minorities. Kosovo Serbs, Roma, and other
minorities were victims of murder, kidnaping, assault, and property
crimes, particularly arson. Observers attributed the drop in
ethnically-motivated violent crime to a variety of factors, including:
Increased CIVPOL and KPS efficiency, the lessening of tensions with the
passage of time, the participation of minorities in the provisional
government structures at both the central and the municipal levels, and
the fact that Kosovo Serbs and Roma drastically restricted their
movements (see Section 2.d.). Kosovo Serbs and Roma continued to report
that they were afraid to leave their enclaves due to fear of
intimidation and attack by ethnic Albanians (see Section 2.d.).
There were a number of attacks on, and killings of, ethnic Serbs
during the year. On February 22, a Kosovo Serb woman was shot and
killed in Lipjan. On June 28, a hand grenade exploded in a Kosovo Serb
home near Kamenica, and another grenade was found nearby. On July 31, a
series of six explosions took place in the Kosovar Serb village of
Klokot and one in the village of Balance. Several uninhabited houses
were damaged and one was destroyed. Two KFOR soldiers who responded to
the first explosion were injured by a later explosion. On August 29, an
unknown assailant shot at a group of Kosovo Serbs in a field in the
village of Gorazdevac, near Peje. In Viti the home of a Kosovo Serb KPS
Officer was subjected to grenade attacks on three separate occasions in
October and November. On October 15, a Kosovo Serb woman was killed by
a landmine in the village of Klokot while working in a cornfield. While
the investigation was not conclusive, the device may have been rigged
as a booby trap. On November 7, in Viti, the vehicles carrying a group
of Kosovo Serbs were stoned by a small mob. The Kosovo Serbs, displaced
to Serbia since the war, were on a ``go and see'' visit to persuade
them to return to the area.
There were several instances of Serb violence against Albanians.
During a 3-day period in September in Bosnjacka Mahala in northern
Mitrovica, three explosions occurred. There was significant property
damage but no casualties. On October 10, after a basketball game in
Lipjan, a group of Kosovo Serbs reportedly broke several Kosovar
Albanian store windows. On October 19, a Kosovo Serb criminal gang
reportedly planted a landmine in the field of their Kosovar Albanian
neighbor. The mine was discovered before it detonated. On November 15,
a group of Kosovar Albanian vehicles were stoned while passing through
the Kosovo Serb village of Callavica. On December 13, a group of Kosovo
Serbs reportedly beat an Albanian resident of Suhodall in north
Mitrovica. No arrests were made in any of these cases.
Many non-Serb minorities, including Bosniaks, Egyptians, Ashkali,
Gorani, and some Roma, lived alongside Kosovar Albanians and reported
that their security situation improved during the year, although
incidents of violence and harassment continued to occur and their
freedom of movement was restricted in some areas of Kosovo (see Section
2.d.). During the year, six Croat-Kosovar houses were burglarized and
in March a Croat-Kosovar family was attacked in the ethnically mixed
town of Janjeve. Also in March, three Bosniak-Kosovar were attacked in
two separate incidents in Banja. On September 24 in Gjilan, the Roma
community lodged a complaint with the international community, claiming
lack of security specifically on Abdullah Presheva street. Bosniak
leaders continued to complain that many thousands of their community
had left because of discrimination and a lack of economic opportunity.
The Turkish community was more closely integrated with Kosovar
Albanians and felt the impact of societal discrimination less than
other minorities. The remaining Roma in Kosovo continued to reside
largely in enclaves and settlements and were dependent almost wholly on
humanitarian aid.
Civilians were responsible for the destruction, often through
arson, of private property. There were 200 cases of arson recorded
through August, at least 23 of them directed against Kosovo Serb
properties and another 22 against other minorities. The reported
phenomenon of ``strategic sales'' persisted and grew: violence,
intimidation, and attractive price offers were used to convince Kosovo
Serbs to sell properties at key locations, leading to the erosion of
Kosovo Serb neighborhoods and a consequent increase in isolation of
those remaining (see Section 1.f.). Non-Albanian minorities, especially
Serbs, suffered from widespread societal discrimination, most notably
in the areas of physical security, property protection and freedom of
movement. Societal discrimination also affected ethnic minorities in
the areas of employment, education, and health services.
Property disputes and illegal occupation of homes continued to be a
source of inter-ethnic friction (see Section 1.f.). These disputes were
rooted in the forced migration and displacement resulting from the 1999
conflict. In early 1999, large numbers of Kosovar Albanians fled their
homes, many of which were subsequently destroyed, escaping Yugoslav and
Serbian forces. After Serbian forces withdrew, many ethnic Serbs fled
to north Mitrovica and other majority Serb areas. Kosovo Serbs and Roma
who did not leave when Yugoslav forces withdrew lived primarily in
enclaves, except for the Kosovo Serbs in the north of Kosovo, where
Serbs and Albanians effectively partitioned Mitrovica. Serbs lived
largely in the northern Kosovo municipalities of Leposaviq/Leposavic,
Zubin Potok, and Zvecan, in the northern part of Mitrovica, and in
scattered enclaves under KFOR protection elsewhere. KFOR and UNMIK
provided security to these enclaves, settlements, and camps, and
escorted minority members who left their residence areas as well as
convoys of private Serb vehicles. The UNHCR transferred responsibility
to UNMIK for providing buses to transport Kosovo Serbs in larger
numbers between enclaves and into Serbia to take care of personal
business (see Section 1.f.).
In Mitrovica ethnic Serbs and Albanians harassed each other and
restricted each other's freedom of movement (see Section 2.d.). After
Serbian forces withdrew in 1999, many ethnic Serbs from throughout
Kosovo fled to Mitrovica and occupied homes, including those belonging
to ethnic Albanians in the northern part of that town. Kosovar
Albanians who sought to return to their homes in north Mitrovica were
subject to violence and intimidation, and approximately 1,500 who live
in the northern section of town reported repeated harassment. In south
Mitrovica, which is predominately ethnic Albanian, Serb-owned
properties were illegally occupied by Kosovar Albanians and Kosovo
Serbs were unable to move freely without harassment. In late November,
UNMIK, in consultation and collaboration with Yugoslav authorities,
extended its authority to north Mitrovica. Shortly thereafter, the
Government of Serbia established a branch office of the ``Kosovo
Coordination Center'' for the Kosovo Serb population of the city, where
Kosovo Serbs can apply for Yugoslav documents, which were processed in
Serbia. While there was some concern over other parallel structures in
the area including the North Mitrovica Hospital, which was funded and
controlled by the Serbian Ministry of Health, many of the employees of
the former Serbian-funded municipal administration have been employed
by UNMIK. As Kosovo Serbs in north Mitrovica largely boycotted the
October municipal elections at the direction of local Serbian political
entities, UNMIK said that it would appoint a seven-member Advisory
Board for north Mitrovica to represent residents of the northern sector
of the municipality. Although not yet appointed by year's end, the
board is expected to consist of four Kosovo Serbs, two non-Serb
representatives and one international member and govern in coordination
with the Mitrovica Municipal President and Assembly based in south
Mitrovica.
In April 2000, the Interim Administrative Council (IAC) endorsed a
Declaration and Platform for Joint Action, under which key Kosovar
Albanian leaders visited those areas where local Albanians and Roma
were trying to establish more cooperative interethnic relations, thus
encouraging a climate conducive to the return of those who fled the
Kosovo earlier. Although there were some successful efforts to resettle
Roma, Ashkali, and Egyptians in their prior homes, security concerns
persisted (see Section 2.d.).
Section 6. Worker Rights
a. The Right of Association.--The SRSG regulation on the Essential
Labor Law for Kosovo provides for fundamental rights at work, including
the employment relationship, terms of employment, and, without
specifically mentioning a right of association, the right to form and
belong to organizations including unions without employer interference;
workers exercised this right in practice. The Confederation of
Independent Trade Unions of Kosovo (BSPK), the largest of the few
unions active in Kosovo, reported that the regulation was respected by
only a small number of firms. UNMIK created the JIAS Department of
Labor and Employment, the responsibilities of which have now been
transferred to the PISG Ministry of Labour and Social Welfare, to
designate responsibility for policy recommendations on labor practices
and workers rights. UNMIK also recognized labor as one element of an
eventual tripartite commission, but did not include a specific right of
association.
After the war, labor organizations redirected their focus from
members' welfare to traditional labor issues. The dominant union
organization, BSPK, was founded in 1990 and its membership reached a
high point of about 260,000 members in the mid-1990s. BSPK's membership
was approximately 100,600 persons, of which approximately half were
unemployed. During the year, the president of BSPK was appointed to the
board of the Kosovo Trust Agency (KTA), which managed the privatization
process, and, following public demonstrations in June, BSPK had a
member on each committee in the Kosovo Assembly. The BSPK continued to
work with international entities, including the International Labor
Organization (ILO) and gained full membership to the International
Confederation of Free Trade Unions (ICFTU), and observer status to the
European Trade Union Confederation (ETUC). Other active trade union
organizations included the Independent Trade Union of Miners and the
Union of Education, Science, and Culture of Kosova; the latter is
registered as an NGO.
Antiunion discrimination is prohibited.
The ability of unions to affiliate internationally remained
constrained in practice, although there are no legal impediments to
their doing so, and the legislation expressly permits such affiliation.
b. The Right to Organize and Bargain Collectively.--The labor law
adopted in October 2001 provides for the right to organize and bargain
collectively; however, collective bargaining was at a rudimentary level
of development. The history of trade unionism was centered not on
bargaining for the collective needs of all workers but rather for the
specific needs of a given group. Thus workers in various sectors were
ineffective in finding common denominators (e.g., job security
protection, minimum safety standards, universal benefits, etc.) on
which to negotiate. Given the poor state of the economy and the high
unemployment rate, there was limited possibility for negotiation by
labor organizations, even though wages, other than those paid by
international employers and NGOs, were sometimes not paid on time,
usually due to bank administrative delays.
The right to strike is not recognized in the law; however, strikes
were not prohibited. BSPK believes the right to strike was recognized
indirectly when it forwarded its statutes for registration, which
contain this right. Nothing in the law addressed labor disputes. In
October 2001, UNMIK, the BSPK, and the Chamber of Commerce concluded a
Tripartite Agreement, which may be used for agreements on labor
disputes. There were some strikes within a few sectors, including
health, mining and education. In October the teachers' union engaged in
a 15-day strike, in which they were ultimately joined by health care
workers. The strike action forced the Government to agree to a one-off
granting of additional wages, disbursed over a 4-month period.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
or bonded labor, including by children, and there were no reports that
such practices occurred.
d. Status of Child Labor Practices and Minimum Age for
Employment.--Under labor law dating from before 1989, the minimum age
for employment was 16. The labor law set the minimum age at 18 for any
work likely to jeopardize the health, safety or morals of a young
person, but permits children to work at 15, provided such work is not
harmful to the child nor prejudicial to school attendance; however, in
villages and farming communities, younger children worked to assist
their families. In addition, children were found in a variety of
unofficial retail jobs, typically washing car windows or selling
newspapers and small items such as cigarettes and phone cards. Real
employment opportunities for children in the formal sector were
nonexistant.
e. Acceptable Conditions of Work.--After the withdrawal of Yugoslav
forces and authorities in June 1999, there was no effective minimum
wage rate in Kosovo, because ethnic Albanians refused to recognize the
Yugoslav-Serbian legal code. The Kosovo Office of Statistics estimated
that the unemployment rate was 60 percent (although rigorous
statistical studies had not been conducted). The average wage paid to
those who were employed full-time was insufficient to provide a decent
standard of living for a worker and family. The 2001 labor legislation
provided for a minimum wage, but did not set its level.
While many international agencies and NGOs paid wages adequate to
support a worker and family, UNMIK determined that wages for any jobs
that eventually would be part of Kosovo's own governmental structure,
even if funded by the international community, should be set at a level
estimated to be supportable by the consolidated budget, but salaries
under that budget were barely sufficient to support a worker and a
family. This situation precipitated the October teachers' strike.
Reports of sweatshops were rare, although some privately owned
textile factories operated under very poor conditions. The official
workweek, listed as 40 hours, had little meaning in an economy with
massive underemployment and unemployment.
Neither employers nor employees tended to give high priority to the
enforcement of established occupational safety and health standards.
The law does not safeguard the jobs of employees who remove themselves
from dangerous situations. However, in December 2001, UNMIK adopted an
administrative instruction on labor inspection, and labor inspectors
began their work at the end of 2001; BSPK argued that the inspectors
were ineffective. The Kosovo Assembly is expected to pass the Law on
Labor Inspectorate in 2003.
f. Trafficking in Persons.--Regulation 2001/4 specifically
prohibits trafficking in persons; however, trafficking remained a
serious problem. Kosovo was mainly a destination point, but also served
as a transit point for women and children trafficked for the purpose of
prostitution.
Since nothing in the applicable law provided an effective legal
framework under which to address trafficking, in January 2001, UNMIK
promulgated Regulation 2001/4, making trafficking in persons a crime
punishable by 2 to 20 years in prison, and provided for victim
assistance. A client engaging in sex with a victim of trafficking may
be convicted for up to 5 years imprisonment, while such activity with a
minor who has been trafficked (a child under the age of 18 for these
purposes) is a criminal offense carrying heavier penalties (up to 10
years imprisonment). During the year, there were 92 charges of
trafficking in persons, 34 convictions, 28 releases, and 30 cases still
pending. According to CIVPOL Trafficking and Prostitution Investigation
Unit (TPIU), there were 10 domestic victims trafficked from the Kosovo
to other countries in Europe.
On August 29, UNMIK border police arrested Afrim Bushi, an Albanian
national at the Pristina Airport, for suspicion of international
trafficking in children with the intent to prostitute them or trade in
human organs. Bushi was arrested with a 14-year-old boy that he claimed
to be his son. He was found guilty of using false documents and was
sentenced to 2 \1/2\ months, but was not charged with trafficking
because of insufficient evidence.
UNMIK actively investigated cases of trafficking during the year
and police raided several brothels and nightclubs; suspicious bars were
raided on almost a weekly basis. Out of 170 total operations, 120 were
considered large-scale. The TPIU has registered more than 1,000 foreign
women who have been questioned at least once by police. According to
the TPIU, 60 persons were arrested under charges of trafficking, of
which 49 were convicted during the year. However, a number of factors
resulted in few cases being pursued to prosecution, including the
increasing sophistication of organized crime efforts to avoid direct
links between the victims and senior crime figures. Corruption and
bribery, lack of a witness protection program, and inadequate training
for judicial personnel resulted in only a few convictions under the
regulation.
Since prostitution is punishable under provincial law and many of
the trafficked women were in the country without documentation, victims
were often afraid to report their traffickers due to fear of arrest.
However, for victims of trafficking, UNMIK Regulation 2001/4, Section 8
provides a defense against criminal charges of prostitution and illegal
entry, while Regulation 2001/4, Section 11 provides a prohibition
against deportation of trafficked persons due to a conviction of
prostitution or illegal entry. UNMIK Regulation 2001/4 also provides
for official residency status under certain circumstances. Trafficking
victims who did not accept assistance were released, but if they were
subsequently detained for prostitution, they were potentially subject
to jail sentences and possible deportation.
Ninety-eight percent of trafficked women in Kosovo were from
Eastern Europe (Moldova, Ukraine, Bulgaria, Romania, Albania, Belarus,
and Kazakhstan), while only two percent were indigenous Kosovars.
Security authorities reported that women and girls were smuggled
through Kosovo to Macedonia, Albania, Italy, and other Western European
destinations. There were several kidnapings and disappearances of young
women who were never located. Some local sources believed that some of
these women were the victims of traffickers although there was no clear
evidence. Traffickers into Kosovo were reportedly linked to organized
crime, rather than to employment agencies or marriage brokers. Evidence
suggested that trafficking in women was often the result of a
coordinated effort between Kosovo Serb and Kosovar Albanian organized
crime elements. Sixty-two percent of IOM-assisted victims reported
crossing official border points into Serbia before traveling to Kosovo.
Many victims were recruited to work in restaurants or cleaning
jobs, and approximately 80 percent were offered non-existent jobs in
Italy. Trafficked victims work in the sex industry, primarily in
brothels and nightclubs. Less than five percent reported that they were
aware that they would be working in the sex industry when they accepted
employment offers, but did not expect to be imprisoned, abused and
forced to serve as unpaid prostitutes. Trafficking victims reported
that they were regularly subjected to physical violence, rape, denial
of access to health care, and confiscation of their passports.
According to IOM, the presence of a large international community
in Kosovo contributed to the increase in the number of brothels that
were involved in trafficking, but women rescued from the brothels often
reported that the majority of their clientele was local.
In order to assist and protect victims of trafficking in Kosovo at
the institutional level, a referral system was established and was
operational through the coordination of the main agencies active in the
field of counter-trafficking: UNMIK CIVPOL, OSCE, IOM, and the
international NGO UMCOR. These organizations worked closely together to
provide protection and assistance services to victims according to
established standard operating procedures. The UNMIK Victims' Advocacy
and Assistance Unit (VAAU) worked with victims of trafficking and other
crimes to assist them in accessing the criminal justice system. During
the year, the VAAU provided training for judges and prosecutors in
dealing with victims.
Since 2000 IOM has assisted a total of 325 trafficking victims,
approximately 100 women this year. Thirteen percent of the victims were
under 18 years of age. UNMIK did not provide any official residency
status to victims. Those who did not accept assistance from IOM
generally were released, but if they continued to work as prostitutes,
they were subject to rearrest, short jail sentences, and deportation.
Some women who were trafficked and re-trafficked have been jailed or
made the subject of deportation orders by local judges. According to
the police, when a woman was picked up in a raid, she was assumed to be
a victim and was offered shelter and repatriation assistance. If she
accepted, she was transferred to IOM. If she refused, she was generally
released if this was a first contact. Prostitutes who were not
trafficking victims were also allowed to go with a warning if it was
their first contact with the police. Prostitution is a misdemeanor
(subject to a 30-day sentence), and local judges have sentenced women,
including those who were trafficked but refused repatriation, to jail.
Moreover, judges have issued deportation orders against some women for
lack of proper documentation.
There was significant success in disseminating the view that women
who were the victims of trafficking should not be prosecuted for
prostitution nor subjected to deportation orders. However, a few local
judges sometimes incorrectly sentenced trafficking victims to jail,
contrary to Regulation 2001/4 which provides for their partial
immunity. Moreover, judges issued deportation orders against some women
for lack of proper documentation, notwithstanding the fact that Kosovo
has no mechanism for carrying out the order.
Several international agencies and NGOs established programs to
assist the victims of trafficking with material support to return to
their countries of origin or homes. While UNMIK, OSCE, and IOM did not
directly provide shelter for victims, local NGOs, such as the Center
for the Protection of Women and Children (CPWC), have filled the
vacuum. The CPWC operated a shelter in Pristina, and was planning to
open another in the predominantly Serb village of Gracanica; CPCW cared
for 139 women during the year. In addition, CPCW conducted awareness
programs in schools and communities. The IOM also offered free office
skills courses at their employment assistance office to former victims
of trafficking.
During the year, IOM worked closely with the PISG, particularly the
Office of the Prime Minister, the Ministry of Labor and Social Welfare,
and the Ministry of Health to increase local awareness of the
phenomenon of trafficking, and to encourage engagement in counteracting
the problem. IOM also offered training on trafficking to instructors
engaged in rule of law development programs. The IOM launched an
awareness campaign directed at Kosovar NGOs involved in human rights
and women's issues. IOM also launched a public campaign to discourage
the use of commercial sex services by Kosovar men and international
staff consisting of print advertising placed in the Albanian, Serbian,
and English language media as well as posters and billboards in public
spaces and UNMIK and PISG buildings throughout Kosovo.
montenegro
Montenegro is constitutionally a constituent republic (together
with Serbia) of the Federal Republic of Yugoslavia. Like Serbia
Montenegro has a president and a parliamentary system of government
based on free and fair multiparty elections. The constitution provides
for an independent judiciary; however, courts often were ineffective
and subject to political influence. Montenegro's economic and political
progress has been impeded by systemic deficiencies, including the
legacy of a socialist economy, years of war, economic sanctions, and
economic stagnation. Since 1997 the Montenegrin government has acted
independently from Belgrade on most issues, including foreign affairs
and defense. Montenegro has a separate customs regime, a separate visa
regime, its own central bank, and uses the Euro rather than the
Yugoslav dinar as its currency. This period of exceptional autonomy
coincided with growing pressure for independence from some political
parties, including President Milo Djukanovic's Democratic Party of
Socialists (DPS). With pro- and anti-independence sentiment dividing
the electorate almost evenly, EU High Representative Javier Solana
brokered the March Belgrade Agreement by which Montenegro and Serbia
agreed to redefine and recreate Yugoslavia as the joint state of Serbia
and Montenegro. On December 29, the Federal Constitutional Commission,
which included representatives from both republics, approved the final
text of the Constitutional Charter. At year's end, the Commission was
still debating over the content of the implementing legislation.
The Montenegrin political scene was dominated by two major
coalitions, one led by President Milo Djukanovic of the Democratic
Party of Socialists (DPS), and another by opposition leader Predrag
Bulatovic of the Socialist People's Party (SNP). The pro-independence
Liberal Alliance of Montenegro (LSCG) was first allied with Djukanovic,
but then abandoned his coalition after Djukanovic signed the Belgrade
Agreement. From July to October, the DPS led a minority government; but
in parliamentary elections held on October 20, a Djukanovic-led
coalition won an absolute majority, taking 39 out of the total of 75
parliamentary seats. Djunkanovic resigned on November 25 to become the
republic's prime minister. The speaker of Parliament Filip Vujanovic
became acting president.
While civilian authorities generally maintained effective control
of the security services, there were some instances in which elements
of the security forces failed to respect basic human rights. The
republic police, under the authority of the Ministry of the Interior,
have responsibility for internal security. The State Security Service,
located within the Ministry of the Interior, has authority to conduct
surveillance of citizens, including electronic surveillance. A greatly
reduced detachment of the Yugoslav Second Army, which was under the
control of the federal government, remained in the Republic and
cooperated with Montenegrin police to arrest smugglers. It cooperated
well with the Montenegrin Ministry of Interior. Some members of the
security forces committed human rights abuses.
The economic transition from a state-owned to a market-oriented
economy continued to suffer from delay. Montenegro's strategy for
privatization has been to put a regulatory framework in place before
going ahead in a piecemeal fashion. A privatization council, headed by
the Prime Minister, oversaw the process of privatization. The issuance
of privatization vouchers to the public was a first step towards
implementing privatization; however, the voucher program itself was
subject to abuse. Sixty percent of socially owned capital in Montenegro
was privatized through mass voucher privatization, and this process was
officially completed in February. The small industrial sector,
consisting of a few large state-owned plants and smaller private
enterprises was inefficient and noncompetitive. The country's
population was approximately 650,000. Official unemployment was
estimated at approximately 40 percent, although a large and flourishing
unofficial economy brought that figure down to approximately 22
percent. The economy was dependent upon large amounts of foreign aid,
technical assistance, and personnel.
The Government generally respected the human rights of its
citizens; however, there were problems in some areas. Police at times
beat and abused citizens, although human rights groups noted that there
were fewer reports of police abuse than during previous years. Police
arbitrarily arrested and detained civilians. The judiciary was
susceptible to corruption, inefficiency, and political influence;
Parliament passed a new Law on Courts designed to make the judiciary
more independent and efficient. Pressure from politicians sometimes
resulted in distorted coverage of events, particularly by the state
media; however, the Government exercised less influence over the media
than in previous years. Domestic violence and discrimination against
women continued to be problems. Societal discrimination against
religious and ethnic minorities continued to be problems, particularly
with the Roma. Trafficking in women for sexual exploitation continued
to be a problem, despite some governments efforts to combat it.
Yugoslavia was invited as a participant to the second Ministerial
Meeting of the Community of Democracies in Seoul, Republic of Korea, in
November.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of the arbitrary or unlawful deprivation of life committed by
the Government or its agents.
On September 9, the Bjelo Polje District Court sentenced former
``Avengers'' paramilitary unit member Nebojsa Ranisavljevic to 15 years
for war crimes committed in Serbia and Bosnia during the Bosnian war
participating in the killing of 19 mostly Muslim men kidnapped from a
train at the Strpci station in 1993. Ranisavljevic's trial lasted six
years (see Section 1.e. and Serbia, Section 1.a.).
There were no developments in the following investigations: the
2001 killing of Darko Raspopovic, chief of the Montenegrin police anti-
terrorism unit; the 2000 killing of Djukanovic security advisor Goran
Zugic; the 2000 killing of Milenko Vujevic.
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; however, the police
reportedly at times beat and otherwise abused persons.
The Helsinki Committee for Human Rights in Montenegro (HCM) noted
that there were fewer reports of police violence and abuse than in
previous years. However, police occasionally beat suspects during
arrest or while suspects were detained for questioning.
On November 8, Niksic police took two Roma IDP boys to the police
station and beat them on the body and soles of the feet with
nightsticks in an attempt to extract confessions from them. According
to HCM, on October 13, Danilovgrad police severely beat two truck
drivers who were involved in an altercation with locals; later the
Danilovgrad police brought charges against the truck drivers. On August
5, police from Berane beat five Muslim men from the town of Petnjica--
Feriz, Esad, and Ramiz Skrijelj, Faiz Adrovic, and Saudin Babacic--
following the men's involvement in an altercation over a traffic
accident. According to the HCM, police continued to beat the men after
they were handcuffed. A lawyer for the victims lodged a complaint in
Berane Municipal Court against six Berane policemen. The Montenegrin
Orthodox Church reported that on July 10, members of a special police
squad beat IDPs while evicting them from a settlement near Budva. The
Center for Democracy and Human Rights (CEDEM) reported that on January
1, Bjelo Polje policemen Mevludin Hasanovic and Vladimir Sljak beat
student Darko Knezevic and held him several hours without medical
attention; an internal police disciplinary action continued at year's
end.
There were no incidences of police brutality at political rallies.
On October 14, the day of a rally of the pro-independence Liberal
Alliance (LS) party, men dressed in paramilitary uniforms and claiming
to belong to the ``Liberation Army of Cetinje'' assaulted passerby
Predrag Ivanovic during an LS rally in Niksic.
Criminal procedures and sentences against police were rare; when
initiated, criminal procedures against police were often of long
duration with convictions resulting in only minor penalties.
Police were involved in trafficking and took bribes at border
checkpoints (see Section 6.f.).
Prison conditions generally met international standards; however,
problems remained and prison facilities were antiquated. There were no
reports of brutality from guards. Women were held separately from men.
Juveniles were held separately from adults, as were pre-trial detainees
from convicted criminals.
The Government permitted prison visits by human rights observers,
including the ICRC, OSCE, and local NGOs, all of whom conducted visits
during the year. In October convicted killer Savo Radovanovic broke out
of the Bijelo Polje jail and went on his own accord to the Spuz prison
near Podgorica, where he pleaded with warders to allow him to transfer
there because conditions were unacceptable at Bjelo Polje.
d. Arbitrary Arrest, Detention or Exile.--The law prohibits
arbitrary arrest and detention; however, at times the police
arbitrarily arrested and detained persons.
The law requires arrest warrants; however, arrest may also take
place without probable cause. Under the law a suspect may be held in
detention for up to 72 hours; it is within that period that most abuses
occurred (see Section 1.c.). There have been few publicized incidences
of abuse. CEDEM reported that police sometimes violated the 24-hour
limit on detention, applying the previous Criminal Procedure Code's
provision for a 72-hour period of detention. Access to attorneys is
allowed, and there is a system of bail; however, there is no legal
requirement to provide access to a lawyer within the detention period.
Statements made to the police during the detention period are not to be
considered if charges are pressed and the case goes to trial. If the
case case goes to trial for a crime with a possible sentence greater
than five years, a lawyer will be appointed if needed.
A lack of female police at police stations caused long delays in
searching female suspects and in restraining violent female detainees.
The law prohibits forced exile, and the Government did not employ
it.
e. Denial of Fair Public Trial.--The Constitution provides for an
independent judiciary; however, the Government sometimes manipulated
courts for political reasons. Poorly paid judges and courtroom staff, a
historical lack of cooperation between police and prosecutors, a
backlog of cases, often primitive courtroom facilities, and corruption
remained problems. Although judges were poorly paid, they received free
housing, which to some extent offset their low salaries. There was a
lack of harmonization between Montenegrin Republic law and Yugoslav
federal law; and there was a general lack of clarity about whether
Yugoslav federal law holds sway in Montenegro.
The court system consists of municipal, high (or district), and
supreme courts at the republic level. The federal constitutional court
has little authority in Montenegro. The military court system was under
the control of Yugoslav Federal authorities; civilians were not tried
in these courts. In January Parliament passed a new Law on Courts,
which introduced objective criteria to be used by court presidents in
distributing cases. Previously, court presidents could assign cases to
judges. The new law provides for a Court Council that will nominate and
initiate dismissal procedures against judges and court presidents. The
Supreme Court President will head the Court Council, which will include
judges and lawyers but not government members. The Law on Courts also
institutes an appeals court and an administrative court with the aim of
reducing the burden on the Republic Supreme Court. The first of the Law
on Court's provisions was implemented in December with the formation of
the High Judicial Council.
The law provides for the right to a fair trial, the presumption of
innocence, access to a lawyer, and the right of appeal; however, the
judiciary was not independent in practice.
In September the Bjelo Polje High Court completed the first major
war crimes trial conducted in Yugoslavia when it sentenced Nebojsa
Ranisavljevic to 15 years in jail for participating in the 1993 Strpci
killings (see Section 1.a.). The trial, which began in 1996, was marked
by extremely lengthy delays in trial process, procedural
irregularities, and possible political manipulation. Over the years,
the judge blamed the slow pace of the trial proceedings on the
difficulty of obtaining evidence requested from Serbia and the
Republika Srpska; however, the trial, a highly sensitive matter with
Muslim Montenegrins, recommenced with remarkable regularity every time
an election approached. This pattern held through Ranisavljevic's
conviction, which took place shortly before the October 20
parliamentary elections. Trial procedure was irregular, with several
family members' lawyers allowed to sit with the prosecution and
interrogate witnesses, and with family members themselves allowed to
interrupt court proceedings to interrogate witnesses and make
spontaneous statements. Matters of general political interest but
irrelevant to the defendant's guilt or innocence, such as the question
of whether Serbian authorities had forewarning of the kidnaping,
consumed much courtroom time. The court convicted Ranisavljevic on the
basis of the highly detailed confession he gave at the time of his
arrest. Ranisavljevic later claimed that police tortured him into
giving the confession, but the court found no evidence to support his
claim.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The Constitution prohibits such actions; however,
there were some minor restrictions. Although there was no direct
evidence, some observers believed that police used wiretapping and
surveillance against opposition parties and other groups on a selective
basis. Many individuals and organizations operated on the assumption
that they were or could be placed, under surveillance. The law allows
the Montenegrin State Security Service (RDB) to eavesdrop on citizens,
especially opposition groups, and no court authorization is required.
Some observers believed that the VJ also eavesdropped on the
Montenegrin government.
Citizens could inspect secret files kept on them by the State
Security Service from the years 1945 to 1989, but not files kept after
1989.
There were reports that membership in the appropriate political
party was a prerequisite for obtaining positions or advancing within
certain parts of the Government.
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. Unlike previous years, the
Government did not engage in harassment or reprisals against
journalists critical of government policies. Media and information laws
do not protect freedom of the press, and libel laws, which carry
criminal penalties, discourage a free press. The state media was
controlled by the governing coalition, which also controlled state
television and several print newspapers and magazines.
Before the change in government, the dailies Dan and Glas Crnagorca
were the only major papers that consistently criticized the Djukanovic
government. Articles and opinions from the opposition frequently were
printed in special supplements or not printed at all by media
controlled by the governing coalition. Opposition groups credibly
charged that President Djukanovic used the media to promote
independence sentiment while not permitting anti-independence parties
to make the case for remaining in a democratic Yugoslavia.
The print media consisted of a mixture of state-owned and private
news outlets. Foreign periodicals were available. State-owned print
media dominated the news scene. The State also controlled the public
broadcasting station, Radio/TV Montenegro, but under the new Media Law
adopted in September, the State will no longer have direct editorial
control. News and television stations need licenses from the Government
to broadcast. A wide variety of articles and programs were available,
including Belgrade's B-92, Croatian State Television (HRT), Italian
television (RAI), the British Broadcasting Corporation (BBC), the Voice
of America (VOA), Radio Free Europe (RFE), and other broadcasts in
Serbian or other languages. Federal law delegates to each republic the
responsibility for allocating broadcast frequencies.
The Yugoslav military stationed in Montenegro rebroadcast YU-INFO
TV news from Serbia from transmitters located at military facilities in
Montenegro. Since the end of the Milosevic regime, these broadcast have
not contained anti-Montenegrin propaganda; nonetheless, the station
broadcasts in violation of Montenegrin law.
During the short interlude when Djukanovic's coalition lost its
majority, the Coalition for Yugoslavia/Liberal Alliance government
appointed its own lead editors in state-owned media outlets.
Politically appointed editors included State Television's Channel 2
editor-in-chief Slavisa Djordjevic, who became prominent as a
nationalist propagandist during the war in Croatia. In spite of
politically appointed editors-in-chief, the Podgorica Union of
Independent Electronic Media of Montenegro (UNEM) reported more
politically balanced coverage in both state-owned and private media
during the year. UNEM attributed the improvement to increased
international pressure for fair media reporting in the country.
In September Parliament passed a Media Law partly drafted by local
NGOs and approved by the Council of Europe. The law creates regulatory
structures designed to insulate state-owned media from direct party
control. Implementation of the Media Law began in November.
Unlike previous years, the Government did not subject journalists
to harassing libel suits. However, the threshold remained low for what
qualifies as libel; and the fear of being sued for libel, which carries
criminal penalties, continued to inhibit free expression in the press.
In November following libel charges filed in 2001 by Prime Minister
Milo Djukanovic and alleged businessman Stanko ``Cane'' Subotic,
Podgorica District Court issued a 1-month prison sentence to former
editor-in-chief of the opposition newspaper ``Dan'' for reprinting
articles from Croatian journals alleging corruption on the parts of
Djukanovic and Subotic. At year's end, Asanin was free pending appeal.
In October Milos Tula, a pro-Milosevic journalist during the 1990s,
brought private libel charges against the editor-in-chief of the weekly
Monitor, Branko Vojicic; but a court quickly dismissed the case. In
July the Montenegrin Parliament amended the libel law to limit the
ability of government officials to file libel charges.
Partly as a result of intense international attention on
Montenegrin political events, instances of direct government
interference in media dropped during the year.
There were occasions in which government-appointed editors directly
censored the content of state-owned media presentations, despite
improvements from previous years. In October the new government-
appointed editor of State TV Channel 1, Natasa Novic, postponed the
broadcasting of a documentary film on Montenegrin emigrants in New York
because the Serbian Orthodox Church had protested its positive
treatment of the Montenegrin Orthodox Church.
Journalists exercised self-censorship because of the history of
government reprisals in prior years and because of fear of libel suits.
In contrast to previous years, there were few instances of
harassment or intimidation of journalists. However, on August 21,
plainclothes police confiscated T-shirts and pamphlets from UNEM
activists who were protesting the delayed implementation of the Media
Law. Vladimir Jovanovic, a reporter for the weekly Publika, received a
series of threatening telephone calls after publishing an article about
Masonic practices.
Access to the Internet was unlimited.
The Government did not restrict academic freedom.
b. Freedom of Peaceful Assembly and Association.--The Constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.
c. Freedom of Religion.--The law provides for freedom of religion,
and the Government generally respected this right in practice. The
Constitution specifically recognizes the existence of the Serbian
Orthodox Church but does not mention other faiths.
Tensions continued between the Serbian Orthodox Church and the
Montenegrin Orthodox Church. Pro-Serbian political parties strongly
supported moves for the establishment of an official state religion,
while pro-independence parties have pushed for the recognition of the
Montenegrin Orthodox Church.
Tensions between the Serbian Orthodox Church and the Montenegrin
Orthodox Church led to several incidents in winter, one of which
involved violence when Serbian Orthodox Church followers interfered
with Montenegrin Orthodox Church followers at the latter's Yule Log
ceremony on Orthodox Christmas, January 6, in Berane. Several persons
were arrested after police clashed with Serbian Orthodox followers. On
January 11, a bomb went off in front of the home of the Berane police
chief, who had been responsible for quelling the New Year's disorder.
At another Yule Log ceremony in Niksic, Serbian Orthodox celebrators
prevented Montenegrin Orthodox celebrators from holding their ceremony
in the main town square. While the two churches contended for adherents
and made conflicting property claims, there was less violence than in
previous years. However, NGO representatives reported concern at the
level of religion-influenced nationalism and hate speech that they
encountered in Montenegro.
For a more detailed discussion see the 2002 International Religious
Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration and Repatriation.--The Republic Constitution provides for
these rights, and the Government generally respected this right in
practice. Unlike in previous years, the VJ did not restrict freedom of
movement.
The Government refused to issue an ICTY witness's passport (see
Section 4).
The law provides for the 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 generally cooperated
with the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. The Government
provides first asylum.
There were 14,418 refugees from the former Yugoslavia (10,600 from
Bosnia, 3,798 from Croatia, 300 Romas and 20 Slovenes) in the Republic.
In addition, there were approximately 29,435 internally displaced
persons (IDPs) from Kosovo; the majority were Serbs, but approximately
7,500 Roma were also displaced. While citizens were routinely issued
travel documents, among refugees, only refugees who were leaving the
country permanently were issued travel documents. Conditions for
refugees varied; those with relatives or property in the country were
able to find housing and, in some cases, employment. However, many Roma
refugees lived in collective centers, with only limited access to
health care and education. One of the major problems for Roma children
was their lack of knowledge of the Serbian language, and there were no
schools teaching in the Roma language (see Section 5).
There was a well-established pattern of legal and illegal migration
from Montenegro to the U.S. Economic migrants paid smuggling rings $10-
15,000 (587,959 to 881,938 dinars) for fraudulent documents and cover
stories designed to elicit political asylum. Migrants and their
families who did not pay the smugglers sometimes faced violent
reprisals from the criminal gangs who ran the smuggling networks. The
authorities arrested several smugglers, but others remained active.
There were no reports during the year 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 exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
On May 15, municipal elections produced no clear winners,
compelling political parties to enter coalitions in 18 of 19
municipalities. International monitors judged the election to be free
and fair. On May 14, the eve of local elections, a hand grenade was
thrown at the office of the pro-federation Socialist People's Party
(SNP). In June the Government's participation in the Belgrade agreement
triggered a no-confidence vote in parliament. DPS subsequently failed
to form a new parliamentary majority; and LS abandoned the Djukanovic
coalition to form a new majority coalition with the ``Together for
Yugoslavia'' faction, which was led by SNP. On October 20,
parliamentary elections gave President Djukanovic's ``Democratic List
for a European Montenegro'' coalition an absolute majority of
parliamentary seats. The Republic Election Commission reported that
77.48 percent of Montenegro's 455,791 registered voters turned out to
vote. International monitors judged the election to be free and fair.
Due to insufficient voter turnout (less than 50 percent plus one
registered voter), the December 22 presidential elections were
unsuccessful. Opposition parties boycotted the elections claiming that
conditions for a free and fair election did not exist. However, the
OSCE/ODIHR office announced that in general, the elections were held
according to international standards of conduct.
On November 25, Djunkanovic resigned to become the republic's Prime
Minister. Speaker of Parliament Filip Vujanovic became acting
president. Vujanovic won 83.7 percent of the votes cast in the December
22 presidential election, but voter turnout, at 45.9 percent, fell
short of the 50 percent required to elect a president. Factors
contributing to the low voter turnout included an active boycott by the
mainstream opposition parties and disillusionment over rumors of a
government cover up in a human trafficking case (see Section 6.f.). A
boycott by the mainstream opposition parties contributed to the low
voter turnout.
There were 7 women in the 77-seat legislature as of November 1.
There were no women in the cabinet, and there were two female mayors in
the 21 municipalities. The Speaker of the Montenegrin Parliament, Vesna
Perovic, was a woman. There were no legal restrictions on women's
participation and women voted in large numbers in Montenegro.
There were 12 minorities in the 77-seat legislature, and two
minorities in the Cabinet. There were no legal restrictions on their
participation and ethnic Montenegrins and Serbs dominated the
Republic's political leadership. Ethnic Albanians and Bosniak Muslims
participated in the political process, and their parties, candidates,
and voters participated in all elections. Approximately 52 polling
stations were designated to serve the Albanian minority in the May
elections. Four parliamentary seats--down from five in the previous
year--were allocated to ethnic Albanians. The Government-owned Albanian
language radio and television stations broadcast in Rozaje and Ulcinj.
Approximately 65 percent of minorities in the country voted in the May
municipal elections.
Ethnic-Albanian Montenegrins continued to have guaranteed
representation in the Parliament and on the Constitutional Commission;
however, changes in the law reduced the numbers of parliamentary seats
dedicated to majority Albanian districts from 5 to 4. In the October 20
parliamentary elections, two of those seats went to DPS and two went to
a coalition of Albanian parties while two others went to national
parties. On the whole, ethnic Albanians had a good relationship with
the Djukanovic government, and, like most Bosniak voters, voted for the
Djukanovic coalition while at the same time maintaining their own
political parties.
The Croat minority, which made up 1 percent of the population,
formed a political party for the first time, ``Croatian Civic
Initiative,'' and won four seats in the Tivat municipal assembly.
Section 4. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without restriction. Government officials were
somewhat cooperative and responsive to their views. The 1999 Law on
Non-Governmental Organizations supplied a satisfactory legal framework
for NGO operation in Montenegro. There were a substantial number of
NGOs investigating and publishing their findings on human rights cases.
These included the Montenegrin Helsinki Committee, the Center for
Democracy and Human Rights, and the National Democratic Institute. NGOs
have been credited with helping to bring about, by their presence and
activities, an overall decline in police brutality and incidents of
abuse against citizens.
There was a committee on human rights in the parliament; however,
human rights NGOs stated that the committee was ineffective.
The Government cooperated with the ICTY in allowing access to
witnesses and in responding quickly to any reports that indictees might
have been on Montenegrin soil. However, in September the Government
refused to issue a passport to one ICTY witness, who was compelled to
testify instead through a live audio link from Banja Luka, in the
Republika Srpksa, to The Hague. When the witness's life was threatened
following his testimony, the Government continued refusing the
passport, saying that it had already issued its quota of passports for
the year.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or
Social Status
Federal and republic laws provide for equal rights for all
citizens, regardless of ethnic group or social status, or gender;
however, in practice the Government provided little protection for such
groups.
Women.--A traditionally high level of domestic violence persisted,
particularly in rural areas. The few official agencies dedicated to
coping with family violence had inadequate resources and were limited
by social pressure to keep families together. Victims of spousal abuse
rarely filed complaints with the authorities.
Trafficking in women for prostitution was a problem (see Section
6.f.). A lack of female police at police stations resulted in long
delays in investigating rapes, assaults, and offenses against women.
Sexual harassment was a problem. Women did not enjoy a status equal
to that of men and few women held upper level management positions in
government or commerce. However, increasing numbers of women served as
judges, and there were many women in professional fields such as law,
science, and medicine. Women legally were entitled to equal pay for
equal work; however, in practice they did not always receive it. Women
were allowed 12 to 18 months of maternity leave. Traditional
patriarchal ideas of gender roles, which hold that women should be
subservient to the male members of their family, long have subjected
women to discrimination in the home. In rural areas, particularly among
minority communities, women did not always have the ability to exercise
their right to control property. In rural areas, particularly among
minority communities, it was common for husbands to direct wives'
voting. Divorce occurred, but infrequently. Women were active in human
rights organizations.
Children.--The Government attempted to meet the health and
educational needs of children, but insufficient resources impeded this
goal. The educational system provides 8 years of mandatory schooling.
Although ethnic Albanian children had access to instruction in their
native language, some Albanians criticized the Government for not
developing a curriculum in which Albanians could learn about their
ethnic culture and history. Most Roma children received little or no
education beyond the primary school level.
There was no societal pattern of abuse against children. However,
according to a Council of Europe report, the law does not allow a
juvenile to make an allegation of a crime without a parent or guardian
present. Consequently, there was almost no reporting of child abuse or
incest.
There is no requirement for a juvenile suspect to have an adult
present during interrogation. However, if a juvenile faces a sentence
of 5 years or more, an attorney must be present during the
interrogation.
Trafficking in girls for the purpose of prostitution was a growing
problem (see Section 6.f.).
Persons with Disabilities.--The law forbids discrimination against
persons with disabilities in employment, education, or in the provision
of state services. The law mandates access to new official buildings,
and the Government enforced these provisions in practice; however,
facilities for persons with disabilities were inadequate, including at
polling stations. Mobile voting existed for handicapped or ill voters
who could not come to polling stations. There was societal
discrimination against persons with disabilities.
National/Racial/Ethnic Minorities.--Societal discrimination against
ethnic minorities persisted. While there was no officially sanctioned
discrimination against the Romani population, prejudice against them
was widespread. Local authorities often ignored or tacitly condoned
societal intimidation or ill treatment of Roma, many of whom were IDPs
from Kosovo. Romani IDPs, who lived in collective centers and scattered
settlements throughout the country, often lacked identity documents and
access to basic human services (see Section 2.d.).
A sizable percentage of the police force was made up of Bosniaks;
many of them were deployed in a predominantly Muslim area in the north
commonly referred to as the Sandzak area. Although some Sandzak
Muslims--or Bosniaks, as they prefer to be called--complained that the
division of the Sandzak region between Montenegro and Serbia created
some problems for residents, the majority of Montenegrin Bosniaks
supported the Djukanovic government and were integrated into national
political parties. There were no Montenegrin Bosniaks represented on
the Constitutional Commission drafting the Serbia-Montenegro federal
charter (Serbia had two Bosniak Muslim representatives on the
committee).
Section 6. Worker Rights
a. The Right of Association.--All workers except military and
police personnel have the legal right to join or form unions, and most
if not all of the workforce in the official economy was organized. Both
official, government-affiliated unions and independent unions existed.
Because the independent labor movement largely was fragmented, there
were few tangible results in the form of improved working conditions or
higher wages. A general lack of resources within the economy also acted
as a restraint.
Antiunion discrimination was not a problem.
Unions may affiliate with international labor organizations;
however, access to international labor unions was limited.
b. The Right to Organize and Bargain Collectively.--The law
provides for the right of collective bargaining; however, collective
bargaining remained at a rudimentary level of development. Instead of
attempting to make progress on the collective needs of all workers,
negotiations generally centered on advancing the needs of a specific
group of workers. Job security fears prevailed as a result of the high
unemployment rate, and these fears limited the unions' willingness to
take action. Another factor impeding the collective bargaining power of
the workers was the weak economy, in which high unemployment gave
employers the upper hand in setting wages and work conditions, as
workers competed for relatively few existing jobs.
Strikes were frequent during the year, primarily caused by the
economic situation, unpaid salaries, manipulation and fraud in the
privatization process, and denial of union rights. Workers of Trebjesa
brewery from Niksic, whose majority owner (73 percent of shares) was
the Belgian company Interbrew, were on strike from May 20 until October
2. The union's main demand was a salary increase from an average wage
of $400-$600 (23,518 to 35,278 dinars) per month, and better working
conditions. The Montenegrin government did not support the strike,
which was resolved following intensive negotiations. Brewery management
claimed that the judicial branch failed to respond to its request for
intervention when some strikers illegally prevented other workers from
coming to work.
There were no export processing zones.
c. Prohibition of Forced or Bonded Labor.--The law prohibits forced
and bonded labor, including by children; however, some children worked
in the ``gray zone'' between voluntary and forced labor (see Section
6.d.). There were no reports that such practices occurred
systematically.
d. Status of Child Labor Practices and Minimum Age for
Employment.--The official minimum age for employment was 16 years,
although in farming communities, it was common to find younger children
assisting their families. Children also could be found in a variety of
unofficial retail jobs, typically washing car windows or selling small
items such as cigarettes or newspapers. The high unemployment rate
ensured that there was little demand for child labor in the formal
sector.
e. Acceptable Conditions of Work.--The minimum wage was $50 (2,940
dinars) per month, and large government enterprises, including all of
the major banks and industrial and trading companies, generally
observed this wage. The minimum wage was comparable to unemployment
benefits or wages paid to those on mandatory leave. The gross average
wage was approximately $212 (12,465 dinars) per month, with a
disposable average wage (after social contributions and payroll taxes)
of approximately $108 (6,350 dinars) per month. This amount was
insufficient to provide a decent standard of living for a worker and
family. The increase in prices occurred much faster than the increase
in wages. The change in the cost of living from December 2001 to May
2002 was 7.2 percent, while wages increased by only 3.3 percent in the
same period. Since April 2001, nominal wage and price developments have
translated into a 13.3 percent fall in real wages. The latest available
data suggest that households spent almost all of their resources on
basic needs, such as food, clothing, and housing. The official workweek
was 40 hours.
Neither employers nor employees tended to give high priority to the
enforcement of established occupational safety and health regulations,
focusing their efforts instead on economic survival. In view of the
competition for employment, workers were not free to leave hazardous
work situations without risking the loss of their employment.
f. Trafficking in Persons.--The Montenegrin Criminal Code was
amended in July to make trafficking in persons a crime; however,
trafficking was a growing problem. There were reports that some members
of the Montenegrin authorities facilitated trafficking.
Authorities made a number of arrests and interceptions of
traffickers during the year. On November 30, Montenegrin Police
arrested Deputy State Prosecutor Zoran Piperovic on suspicion of
involvement in trafficking in persons and prostitution. Minister of
Interior Andrija Jovicevic said that reported Piperovic was directly
involved in the purchase, sale, rape and torture of a Moldovan victim,
identified by the initials S.C. Piperovic remained in prison at year's
end. On November 25, police arrested Irfan Kurpejevic and Ekrem Jasavic
on charges of trafficking and forced prostitution of the same victim,
S.C. On December 1, Bajram Orahovac was arrested on the same charges.
The Ministry announced that the arrests were made in connection with an
international ring of human trafficking and forced prostitution, the
destination of which was Montenegro. The list of clients might include
other high-ranking politicians and public figures. At year's end, no
list of government officials had been produced by the courts,
prosecutors or police. Prime Minister-designate Djukanovic removed
Jovicevic for authorizing the arrest of Piperovic without prior
consultation, provoking a government crisis and sparking rumors of a
government cover-up. Djukanovic has pledged to pursue the case ``to the
end''; however, little progress had been made by year's end.
The country primarily was a transit point for trafficked women and
children; to a more limited extent, it was a destination, with brothels
and nude dancing venues located on the outskirts of cities and along
major transportation routes. Women were trafficked from Romania,
Ukraine, Moldova, Bulgaria, and Russia, often passing through Belgrade
and on to Kosovo or Albania, where they continued to Italy and other
western European countries. Trafficking steadily has increased since
the 1999 NATO campaign; however, precise figures on the number of women
and children trafficked through Montenegro were not available.
Trafficked women often responded to employment advertisements for
jobs abroad as babysitters, hairdressers, maids, waitresses, models, or
dancers. According to the International Helsinki Federation, although
some women may have been aware that they were going to work in the sex
industry, they often were unaware of the slavery-like conditions they
might face. Many women were sold several times in different countries
to different nightclub owners. Their passports often were confiscated.
Women have reported being beaten and raped by their traffickers. There
have been allegations, denied by the Montenegrin government, that some
Montenegrin authorities have colluded in trafficking by taking bribes.
Since 2001 a National Coordinator appointed by the Interior
Ministry has chaired an anti-trafficking board composed of relevant
government ministries, social services, international organizations,
and NGOs. A law enforcement task force was developed that investigated
and prosecuted trafficking cases. Under the board's direction, a
shelter for trafficking victims and a 24-hour hotline were established
in Podgorica. The Interior Ministry reported that the shelter has
housed approximately 45 women since it opened in 2001. In October 2001,
the Interior Ministry signed a memorandum of understanding with two
local NGOs determining procedures for protecting possible trafficking
victims; this distinguished possible victims of trafficking from
prostitutes and illegal migrants and refered possible victims to
appropriate social services. However, in some cases potential victims
were still being detained, fined and deported for illegal border
crossing and prostitution. The Government, as a rule, repatriated
victims; a number of international donors have funded repatriation
through IOM. The Federal and Serbian governments provided in-kind
support to NGOs and other international organizations in the form of
shelter and school space, shelter security, and public television and
radio time. International organizations sponsored police training in
methods of dealing with human trafficking. General awareness of the
problem has improved following internationally sponsored public
awareness campaigns conducted throughout the country, but action has
been slow.